Our systems are now restored following recent technical disruption, and we’re working hard to catch up on publishing. We apologise for the inconvenience caused. Find out more

Recommended product

Popular links

Popular links


Consentability

Consentability

Consentability

Consent and its Limits
Nancy S. Kim, California Western School of Law
June 2019
Hardback
9781107164918

    Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

    • Proposes a new model for consent that better reflects human behavior
    • Provides greater clarity engaging in doctrinal analysis of legal issues involving consent
    • Offers a transparent and systematic way to evaluate morally complex issues

    Reviews & endorsements

    'Nancy Kim has reset the stage in terms of how consent should be understood and governed within the law. In rich prose, she explains there are 'reasons to doubt the invincibility of consent', and with that she takes the reader on an intellectually rich journey. This is the rarest of books, because scholars across many disciplines will want to read and reference it. At a time in which consent is mired in confusion and conflict, she offers a clear and rich analysis on how we got here.' Michele Goodwin, Chancellor's Professor of Law, University of California, Irvine

    'Should the law protect us from ourselves? Nancy Kim's timely and interesting book examines this question through the lens of consent and its limits. Ironically, in an era of increasing choice regarding how to live, die, and procreate, we also understand better than ever the limits of human capacity to make wise choices. What the law should do about that, however, is far from clear.' Kimberly Krawiec, Kathrine Robinson Everett Professor of Law, Duke University, North Carolina

    'With Consentability, Nancy Kim has cemented her reputation as a leading authority on contracting theory. Kim confronts cutting edge ethical questions about the boundaries of consent, drawn from real-life scenarios involving harmful and potentially life-threatening contracting decisions. Her carefully crafted analysis balances values of autonomy against community needs and mores and once again offers a framework to help us think more clearly about the meaning of consent.' Deborah Zalesne, City University of New York

    '… a good overview, clearly written, and accessible even to nonspecialists.' B. Gregg, Choice

    See more reviews

    Product details

    June 2019
    Hardback
    9781107164918
    254 pages
    235 × 157 × 17 mm
    0.48kg
    8 b/w illus.
    Available

    Table of Contents

    • Introduction
    • Part I. The Contours of Consent:
    • 1. What does it mean to consent? 2. The hard cases
    • Part II. Consentability and Contractability:
    • 3. A consentability framework
    • 4. Consent and contracts
    • Part III. The Regret Principle and the Opportunism Corollary: Application:
    • 5. Improving the conditions of consent
    • 6. Reducing opportunism
    • 7. Revisiting the hard cases – some final thoughts
    • Conclusion
    • List of cases
    • List of statutes
    • Bibliography
    • Index.