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Full-Text Articles in Law
Commonsense Consent, Roseanna Sommers
Commonsense Consent, Roseanna Sommers
Articles
Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This Article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenariosspanning numerous contexts in which …
A Tremor In The Blood: Uses And Abuses Of The Lie Detector, Michigan Law Review
A Tremor In The Blood: Uses And Abuses Of The Lie Detector, Michigan Law Review
Michigan Law Review
A Review of A Tremor in the Blood: Uses and Abuses of the Lie Detector by David Thoreson Lykken