Consent Lectures - For Jurisprudence (Nov 26 & 28)

Readings

  • Manon Garcia, The Joy of Consent (Belknap: 2023), chapter 2: “How Does Consent Make Things Good?”

  • John Gardner, “The Opposite of Rape,” Oxford Journal of Legal Studies Vol. 38, No. 1 (2018), pp. 48–70.

 Questions

  • Should we think about consent in a broadly liberal or Kantian way?

  • Is consent necessary for permissible sex? For morally good sex?

  • Is consent necessary for permissible sex? 

  • What value(s) does consent protect? 

  • Is consent to sex importantly different from consent in other domains? (Consider, for instance, consent to the state or consent’s role in defining other crimes.)

Practical Problem

  • Should rape be defined in terms of nonconsensual sex? (Consider, for instance, the definition of rape in the Sexual Offenses Act of 2003.)

Cases: R v. Brown;  Laskey, Jaggard and Brown v United Kingdom