Law Commons^™

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 …

Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.

Articles

This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.

For the most part, our deceptions are governed by the …