Beyond rape: an essay on the difference between the presence of force and the absence of consent
Article Abstract:
Crimes of sexually motivated assault and sexual expropriation should be recognized instead of rape, which requires both force and lack of consent. A commodity theory of sexual autonomy, which recognizes individuals' rights to control use of their bodies, shows that force is required for sexual assault only because lack of consent is so prevalent. However, legitimate constraints on autonomy can be distinguished from illegitimate ones. Sexually motivated assault should be treated as equivalent to aggravated assault, and sexual expropriation, or sex without consent, should be treated as a lesser crime.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
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From social contract to hypothetical agreement: consent and the obligation to obey the law
Article Abstract:
The principle of consent, whether express or tacit, does not provide a satisfactory ground for political obligation. Express consent, which might be established through the process of naturalized citizenship or taking an oath of office, applies to too few individuals. The notion of tacit consent, which might be inferred from residence, acceptance of benefits, or payment of taxes, does not satisfy cognitive and volitional criteria of consent. In John Rawls's version of social contract theory, hypothetical agreement replaces consent, and political obligation plays only a minor role.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
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An offer the Teamsters couldn't refuse: the 1989 consent decree establishing federal oversight and ending mechanisms
Article Abstract:
The author examines the 1989 consent decree which established federal oversight of the Teamsters' Union, to end corruption within the union, and its lack of ending mechanisms. He argues that future consent decrees should adopt criteria for ending oversight.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2000
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