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Consentability, Autonomy, And Self-Actualization, Jonathan Witmer-Rich Apr 2020

Consentability, Autonomy, And Self-Actualization, Jonathan Witmer-Rich

Law Faculty Articles and Essays

This essay evaluates several competing principles underlying consent, such as self-interest, self-sovereignty, and self-actualization. Witmer-Rich argues that the nature of consent depends heavily on which of these underlying values consent is believed to serve and concludes that “self-actualization—the ongoing human project of creating and embodying coherent and meaningful values and choices—is the most fundamental good of autonomy and is the good that society should seek to further in the law of consent.”