Sunday, November 14, 2004
Consent
Two interesting items on the place of "consent" in legal theory: First, there is the latest entry in Larry Solum's always enlightening "Legal Theory Lexicon." Professor Solum explores the reasons why "consent" is thought to have legal and moral force and discusses, among other things, the relevance of virtue theory and "autonomy."
Next (link courtesy of Larry Solum) is this blurb about Peter Westen's book, "The Logic of Consent: The Diversity and Deceptiveness of Consent as a Defense to Criminal Conduct," which analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them.
Rick
https://mirrorofjustice.blogs.com/mirrorofjustice/2004/11/consent.html