ABSTRACT
We have focused thus far on instances of prescriptive consent on a subject S’s part, whether attitudinal or expressive in nature, that are contemporaneous with the conduct X to which S is prescriptively consenting. S’s prescriptive attitudinal consent to x is ‘contemporaneous’ with x when (i) S factually consents to jc by subjectively choosing x as that which she prefers for herself under the circumstances or that about which she is so indifferent as to be willing to delegate its occurrence to others; (ii) S makes her subjective choice under conditions of voluntariness sufficient to enable her to take responsibility for her choice; and (iii) S makes her subjective choice at the very time x occurs. In turn, S’s prescriptive expressive consent to x is ‘contemporaneous’ with x when (i) S factually consents to x by expressing that she is subjectively choosing x as that which she prefers for herself under the circumstances or that about which she is so indifferent as to be willing to delegate its occurrence to others; (ii) S expresses her choice under conditions sufficient to convey that her choice is voluntary; and (iii) S’s expression conveys that she is acquiescing up to and including the time at which x occurs.
