
Contents
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Varieties of Nonconsent Varieties of Nonconsent
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Sheer Ignorance Sheer Ignorance
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Problematic Consent Problematic Consent
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Information Asymmetry Information Asymmetry
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Heuristic Bias Heuristic Bias
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Strategies of Assimilating World B to Consent: The Devolution of Voluntary Agreement Strategies of Assimilating World B to Consent: The Devolution of Voluntary Agreement
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Two Normative Degradation: Deleting Rights without Consent in the Name of Contract
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Published:November 2012
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Abstract
This chapter examines the normative degradation caused by the apparent lack of consent to boilerplate. It first considers the varieties of nonconsent to which consent is contrasted, including coercion and its related conceptions of force and duress; fraud, with its allied notions of misrepresentation and deception; and sheer ignorance. It then discusses problematic consent, focusing on situations involving “information asymmetry” and heuristic biases. It also explores strategies of assimilating World B to consent, with particular emphasis on the devolution of voluntary agreement. The chapter shows that consent is problematic even when recipients click a box that says “I agree,” because it remains unclear what they could actually be agreeing to.
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