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3 - A Consentability Framework

from Part II - Consentability and Contractability

Published online by Cambridge University Press:  08 February 2019

Nancy S. Kim
Affiliation:
California Western School of Law
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Summary

Consentability involves the power of the state. It considers whether – and when – the state should exercise its power to prevent an individual from consenting to an activity. Because the purpose of consent is to safeguard and promote autonomy, the question of consentability must be addressed within the context of autonomy. Chapter 3 introduces a framework for evaluating consentability. This chapter seeks to answer the questions that sprout from the core question of consentability. Given that the role of consent is promoting autonomy, Chapter 3 begins with a discussion of the meaning of autonomy. It then analyzes the meaning of consent and how consent can diminish or promote autonomy.
Type
Chapter
Information
Consentability
Consent and its Limits
, pp. 53 - 90
Publisher: Cambridge University Press
Print publication year: 2019

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