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Consentability

Consent and its Limits

Nancy S. Kim

$57.95

Paperback

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English
Cambridge University Press
14 February 2019
Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.
By:  
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
Dimensions:   Height: 227mm,  Width: 151mm,  Spine: 14mm
Weight:   370g
ISBN:   9781316616550
ISBN 10:   131661655X
Pages:   254
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active

Nancy S. Kim is Professor of Law at California Western School of Law and a Visiting Professor at the Rady School of Management, University of California, San Diego. She is an elected member of the American Law Institute and the author of numerous articles, essays and two books, Wrap Contracts: Foundations and Ramifications (2013) and The Fundamentals of Contract Law and Clauses: A Practical Approach (2016).

Reviews for Consentability: Consent and its Limits

Advance praise: 'Nancy Kim has reset the stage in terms of how consent should be understood and governed within the law. In rich prose, she explains there are 'reasons to doubt the invincibility of consent', and with that she takes the reader on an intellectually rich journey. This is the rarest of books, because scholars across many disciplines will want to read and reference it. At a time in which consent is mired in confusion and conflict, she offers a clear and rich analysis on how we got here.' Michele Goodwin, Chancellor's Professor of Law, University of California, Irvine Advance praise: 'Should the law protect us from ourselves? Nancy Kim's timely and interesting book examines this question through the lens of consent and its limits. Ironically, in an era of increasing choice regarding how to live, die, and procreate, we also understand better than ever the limits of human capacity to make wise choices. What the law should do about that, however, is far from clear.' Kimberly Krawiec, Kathrine Robinson Everett Professor of Law, Duke University, North Carolina Advance praise: 'With Consentability, Nancy Kim has cemented her reputation as a leading authority on contracting theory. Kim confronts cutting edge ethical questions about the boundaries of consent, drawn from real-life scenarios involving harmful and potentially life-threatening contracting decisions. Her carefully crafted analysis balances values of autonomy against community needs and mores and once again offers a framework to help us think more clearly about the meaning of consent.' Deborah Zalesne, City University of New York 'Nancy Kim has reset the stage in terms of how consent should be understood and governed within the law. In rich prose, she explains there are 'reasons to doubt the invincibility of consent', and with that she takes the reader on an intellectually rich journey. This is the rarest of books, because scholars across many disciplines will want to read and reference it. At a time in which consent is mired in confusion and conflict, she offers a clear and rich analysis on how we got here.' Michele Goodwin, Chancellor's Professor of Law, University of California, Irvine 'Should the law protect us from ourselves? Nancy Kim's timely and interesting book examines this question through the lens of consent and its limits. Ironically, in an era of increasing choice regarding how to live, die, and procreate, we also understand better than ever the limits of human capacity to make wise choices. What the law should do about that, however, is far from clear.' Kimberly Krawiec, Kathrine Robinson Everett Professor of Law, Duke University, North Carolina 'With Consentability, Nancy Kim has cemented her reputation as a leading authority on contracting theory. Kim confronts cutting edge ethical questions about the boundaries of consent, drawn from real-life scenarios involving harmful and potentially life-threatening contracting decisions. Her carefully crafted analysis balances values of autonomy against community needs and mores and once again offers a framework to help us think more clearly about the meaning of consent.' Deborah Zalesne, City University of New York


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