Why We Should Reject the Uptake Condition
This chapter argues that we should reject the Uptake Condition, according to which an action falls within the scope of consent only if the consent-receiver successfully interprets the consent-giver’s behaviour as motivated by an intention to permit this action. We should reject this condition on the grounds that a public commitment can be sufficient for consent in the absence of uptake with the consent-receiver. Since the Uptake Condition is implied by the Successful Communication Principle for the scope of consent, we must also reject the Successful Communication Principle. However, since the Behavioural View is not committed to the Uptake Condition, it does not follow that we must reject the Behavioural View.
2019 ◽
Vol 4
(6)
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pp. 1566-1567
2021 ◽
Vol 10
(1)
◽
pp. 175-179
1978 ◽
Vol 29
(4)
◽
pp. 463-480
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