Reader Query: Academic work on affirmative consent

A reader has asked for recommendations of work on affirmative consent policies (either at the university level or in law) for an upcoming course. Suggestions?

4 thoughts on “Reader Query: Academic work on affirmative consent

  1. Thanks so much magicalersatz! This is definitely along the lines of what I was hoping to get (of special interest to me is the debunking section). If there is anything else you (or anyone) can think of in terms of academic work on this topic (conceptual or normative analyses of passive and affirmative consent especially), I would be grateful.

  2. There is the Soble/Kittay exchange on Antioch’s Sexual Offense Policy, which required active and frequently reaffirmed consent. It’s from the late 90s, I think.

  3. Thanks Rosa. That exchange was, indeed, illuminating. Kittay’s defense of the policy, in that article, seems to depend crucially on the contextual nature of the Antioch policy (it was written partially by the students themselves). Kittay seemed open to Soble’s concerns if that context were missing (it if were deployed by a state or some other institution onto a population that didn’t explicitly participate in the process of creating the code). I take it that this would make the California law problematic for Kittay (at least given the response in that exchange).

    I take it that more robust defenses of affirmative consent are possible (and…I hope…available?)

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