Carlos Nino's Conception of Consent in Crime

Diacritica 27 (2):103-124 (2013)
Download Edit this record How to cite View on PhilPapers
Abstract
In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative consequences of a proscribed act – this is the consent which Nino employs. I argue that Nino’s conception of consent in crime exhibits many common features of “everyday” consent, which justify that it be classed as a form of (implied) consent. h us, Nino is right to claim that the consent in crime is similar to the consent in contracts and to the consent to assume a risk in tort law.
PhilPapers/Archive ID
IMBCNC
Upload history
Archival date: 2017-10-10
View other versions
Added to PP index
2017-10-10

Total views
78 ( #39,531 of 53,595 )

Recent downloads (6 months)
37 ( #18,056 of 53,595 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.