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5 - Improving the Conditions of Consent

from Part III - The Regret Principle and the Opportunism Corollary: Application

Published online by Cambridge University Press:  08 February 2019

Nancy S. Kim
Affiliation:
California Western School of Law
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Summary

Consentability of a risky activity is advisable only where it is likely that the conditions of consent will be properly constructed in light of the gravity of the consequences resulting from the risky activity. Regretable decisions are the byproduct of constraints on human cognition and the limits imposed by socio-economic conditions. As imperfect humans in an imperfect and unfair world, we can expect some degree of regret over our past decisions. But sometimes the level of regret is so profound that the decision should never have been made. Chapter 5 addresses the first guiding principle of the consentability framework, the Regret Principle, and suggests some ways to improve the conditions of consent.
Type
Chapter
Information
Consentability
Consent and its Limits
, pp. 121 - 141
Publisher: Cambridge University Press
Print publication year: 2019

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