This article intervenes in a critical debate about the use of consent to distinguish sex from rape. Drawing from critical contract theories, it argues that sexual consent is a cruel optimism that often operates to facilitate, rather than alleviate, sexual violence. Sexual consent as a cruel optimism promises to simplify rape allegations in the popular cultural imagination, confounds the distinction between victims and agents of sexual violence, and establishes certainty for potential victimizers who rely on it to convince themselves and (...) others that their partners implicitly or explicitly agreed to sex. In each of these cases, the power of consent rests in its tendency to obscure sexual violence in a set of questions around victimhood and agency, rather than to clarify whether or when it has occurred. Following in the critical contract tradition, this article argues that the optimistic attachment to the clarifying power of consent helps to explain the persistent commitment to better sexual consent as a ‘solution’ to the problems of rape and sexual violence, and that this ‘solution’ is insufficient to the task. (shrink)

Most liberal political theorists of education argue that it is better to teach students to tolerate diversity, than to protect the potentially illiberal commitments of some members of the political communities. In fact, neither approach is wholly satisfying, yet they remain the focus of much political theorizing about education. This article suggests that this misguided focus is, in part, a consequence of a focus, by liberal political theorists of education, upon the 1987 Mozert v. Hawkins court case. Mozert raised serious (...) questions about the nature of toleration in liberal society, but from an educational standpoint, the Mozert case led political theorists to consider what curricular content is appropriate for liberal political education, rather than on the practices that democratic citizens must cultivate. I turn to Hannah Arendt to offer a critical account of the liberal responses to Mozert and then call for a theory of democratic education that fosters practices of democratic decision-making and has, as its aim, not merely to foster respect for diversity, but to allow future citizens to practice critical engagement with diversity. (shrink)