ABSTRACT

Chapter 5 defends ICCJ’s second distinctive view: the view that only ‘interpersonally unjustifiable’ influences invalidate consent. It supports this position with a Strawsonian connective conceptual analysis, a method that generates insights about one concept by analysing its connection to another. Specifically, this chapter analyses the connection between voluntary consent and the right to withdraw consent to disprove a psychological theory of voluntariness. In addition, it analyses the connection between consent and responsibility to support the notion of interpersonal justification in the assessment of voluntary consent. The chapter finally concludes by showing how ICCJ’s view proves superior to its main contenders in the literature, especially those views which also defend a so-called moralised view of voluntary consent.