The Scope of Consent [BOOK]
Tom Dougherty
Oxford Scholarship Online, June 2021
Abstract
The scope of someone’s consent is the range of actions that they permit by giving consent. This book investigates the underexplored question of which normative principle governs the scope of consent. To answer this question, this investigation involves taking a stance on what constitutes consent. By appealing to the idea that someone can justify their behaviour by appealing to another person’s consent, this book defends the view that consent consists in behaviour that expresses a consent giver’s will for how a consent-receiver behaves. The ultimate conclusion of this book is that the scope of consent is determined by certain evidence that bears on the appropriate interpretation of the consent.