ABSTRACT

This chapter provides analysis of consent – granting permission to do that which would otherwise be impermissible – requires that consent be given without the presence of external constraints such as coercion or deception. The determination of consent requires consideration of both the internal and external features of the choice situation. Failures of consent occur because of external features: the person was coerced or defrauded into the choice by the person 'asking' for consent. Consent is vitiated by external factors such as coercion and fraud and also by internal factors that incapacitate a person. With both deception and coercion there exists a continuum of possible cases. With coercion they range from clear cases of threats to one's life, physical wellbeing, or livelihood, to the less clear cases of threats about college grades or threats regarding benefits such as promotions. Besides compulsion and coercion, deception is the other primary method of undermining the legitimacy of consent.