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2 - The Hard Cases

from Part I - The Contours of Consent

Published online by Cambridge University Press:  08 February 2019

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

Chapter 2 presents hard cases involving consent. These cases involve acts which are physically harmful or risky and which often challenge or transgress social norms. The first category consists of “self-directed” activities, such as suicide or body modifications. The second category, “bodily integrity exchanges,” consists of activities which involve the body on an intimate level. They pose varying degrees of risk of harm but the risk is generally considered reasonable. The basis for the objection to the activity is not that the risk is unreasonably high, but that the commercialization of the exchange or activity is morally objectionable because it commodifies the body. This category includes surrogacy contracts and kidney sales. The third category encompasses activities which involve a high risk of serious bodily injury or death. The purpose of the activity is not to harm oneself but to achieve some other objective through a dangerous or highly risky undertaking. This Chapter explores the consentability issues raised by these hard cases.
Type
Chapter
Information
Consentability
Consent and its Limits
, pp. 18 - 48
Publisher: Cambridge University Press
Print publication year: 2019

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  • The Hard Cases
  • Nancy S. Kim
  • Book: Consentability
  • Online publication: 08 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781316691311.003
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  • The Hard Cases
  • Nancy S. Kim
  • Book: Consentability
  • Online publication: 08 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781316691311.003
Available formats
×

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  • The Hard Cases
  • Nancy S. Kim
  • Book: Consentability
  • Online publication: 08 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781316691311.003
Available formats
×