The Mental View

Abstract

This chapter introduces the Autonomy Argument for the Mental View of consent. The Mental View is that consent consists in a mental attitude. The key ideas of the Autonomy Argument are that since consent is an expression of our autonomy, and since our thoughts are maximally under our control, consent consists in our thoughts. This argument provides support for the Mental View over its rival, the Behavioural View, according to which consent requires outward behaviour. However, this support is limited by the fact that the Behavioural View also implies that we have a robust amount of control over our consent. If we accept the Mental View, then we face a further question of which mental attitude constitutes consent. Since consent must persist until the time at which the consent-receiver acts, the most plausible version of the Mental View identifies consent with the mental state of intention.