Consent Lectures - For Jurisprudence (Nov 26 & 28)
Lecture Slides (combined)
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