The Logic of Consent: The Diversity and Deceptiveness of Consent As a Defense to Criminal Conduct

Westen (law, U. of Michigan) became engaged with the concept of consent during the middle 1980s with feminist critiques of rape laws. After analyzing the use of the term, and more importantly non-consent, by many lawyers and judges, he realized that everyone thought they were talking about the same thing, but were not. Here he seeks to clarify what people mean when they talk about consent in criminal cases. Rather than trying to reduce all references to a single concept, he identifies the many forms that consent takes and the diverse consequences of the differing forms entail. Such clarity is necessary, he says before criminal statutes regarding offenses of non- consent can be made more just. Annotation c2004 Book News, Inc., Portland, OR (booknews.com)

Peter Westen is Professor of Law at the University of Michigan Law School, USA.