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On Wrongs and Crimes: Does consent require only an attempt to communicate?

Published version
Peer-reviewed

Change log

Authors

Dougherty, TJS 

Abstract

Tadros clarifies the debate about whether consent needs to be communicated by separating the question of whether consent requires expressive behaviour from the question of whether it requires “uptake” in the form of comprehension by the consent-receiver. Once this distinction is drawn, Tadros argues both that consent does not require uptake and also that consent does not require expressive behaviour that provides evidence to the consent-receiver. As a result, Tadros takes the view that consent requires an attempt to communicate, but nothing more. While I have found Tadros’s arguments for this conclusion intriguing and challenging, I am yet to be persuaded by them. I will try to say why.

Description

Keywords

Consent, Ethics, Law, Wrongs, Crimes, Tadros

Journal Title

Criminal Law and Philosophy

Conference Name

Journal ISSN

1871-9805
1871-9805

Volume Title

2018

Publisher

Springer Nature
Sponsorship
Arts and Humanities Research Council (AH/N009533/1)