Clicking Through Consent

Abstract

The idea of consent seems clearly established as central to many dimensions of the law. But consent has of late become increasingly problematic in theory and unmanageable in practice. Courts and legislatures should, in consequence, reduce their reliance on the now disintegrating idea of consent, and instead focus more consciously on the ideas of basic interests and of widely acknowledged basic goods. This Article presents evidence for the increasingly problematic character of consent in a number of legal contexts.