Journal of Libertarian Studies

Modeling Hypothetical Consent

The Journal of Libertarian Studies
Downloads

Arguments based on hypothetical consent are widely used in legal, political, and moral philosophy. The notion of hypothetical consent has been important to political philosophy at least from the 17th century, when the first classical forms of contractarian political theories were formulated. In bioethics, especially in literature concerning medical paternalism, arguments based on hypothetical consent have drawn much attention. In recent years, these arguments have become popular in legal theory as well. In fact, one finds these arguments not only in law review articles but in actual court opinions.

Volume 17, Number 3 (2003)

CITE THIS ARTICLE

Wennberg, Mikko. “Modeling Hypothetical Consent.” Journal of Libertarian Studies 17, No. 3 (2003): 17–34.

All Rights Reserved ©
What is the Mises Institute?

The Mises Institute is a non-profit organization that exists to promote teaching and research in the Austrian School of economics, individual freedom, honest history, and international peace, in the tradition of Ludwig von Mises and Murray N. Rothbard. 

Non-political, non-partisan, and non-PC, we advocate a radical shift in the intellectual climate, away from statism and toward a private property order. We believe that our foundational ideas are of permanent value, and oppose all efforts at compromise, sellout, and amalgamation of these ideas with fashionable political, cultural, and social doctrines inimical to their spirit.

Become a Member
Mises Institute