On Wrongs and Crimes: Does consent require only an attempt to communicate?
Published version
Peer-reviewed
Repository URI
Repository DOI
Type
Article
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
1871-9805
Volume Title
2018
Publisher
Springer Nature
Publisher DOI
Sponsorship
Arts and Humanities Research Council (AH/N009533/1)