Abstract

Understanding what it means toconsent is of considerable importance sincesignificant moral issues depend on how this actis defined. For instance, determining whetherconsent has occurred is the deciding factor insexual assault cases; its proper occurrence isa necessary condition for federally fundedhuman subject research. Even though mosttheorists recognize the legal and moralimportance of consent, there is still littleagreement concerning how consent should bedefined, or whether different domains involvingconsent demand context-specific definitions.Understanding what it means to consent isfurther complicated by the fact that currentlegal conceptions are not necessarily groundedin argument; they typically depend on appealsto authority and precedent. The purpose ofthis paper is to use speech act theory toprovide a theoretically grounded conception ofconsent; such a conception can aid in the justresolution of legal and moral disputes thathinge on whether an act of consent occurred.