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Social and Behavioral Sciences Commons

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Psychology

University of Michigan Law School

Consent

Articles 1 - 3 of 3

Full-Text Articles in Social and Behavioral Sciences

Giving People The Words To Say No Leads Them To Feel Freer To Say Yes, Rachel Schlund, Roseanna Sommers, Vanessa K. Bohns Jan 2024

Giving People The Words To Say No Leads Them To Feel Freer To Say Yes, Rachel Schlund, Roseanna Sommers, Vanessa K. Bohns

Articles

We examine how to structure requests to help people feel they can say no (or yes) more voluntarily. Specifically, we examine the effect of having the requester provide the request-target with an explicit phrase they can use to decline requests. Part of the difficulty of saying no is finding the words to do so when put on the spot. Providing individuals with an explicit script they can use to decline a request may help override implicit scripts and norms of politeness that generally dictate compliance. This should make individuals feel more comfortable refusing requests and make agreement feel more voluntary. …


Autonomy And The Folk Concept Of Valid Consent, Joanna Demaree-Cotton, Roseanna Sommers Aug 2021

Autonomy And The Folk Concept Of Valid Consent, Joanna Demaree-Cotton, Roseanna Sommers

Law & Economics Working Papers

Consent governs innumerable everyday social interactions, including sex, medical exams, the use of property, and economic transactions. Yet little is known about how ordinary people reason about the validity of consent. Across the domains of sex, medicine, and police entry, Study 1 showed that when agents lack autonomous decision-making capacities, participants are less likely to view their consent as valid; however, failing to exercise this capacity and deciding in a nonautonomous way did not reduce consent judgments. Study 2 found that specific and concrete incapacities reduced judgments of valid consent, but failing to exercise these specific capacities did not, even …


Commonsense Consent, Roseanna Sommers Jun 2020

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 …