Which legal scholars introduced the concept of “the pathologies of consent” in 2019, outlining types of flawed agreements?
Answer
Neil Richards and Woodrow Hartzog
The framework distinguishing between different types of flawed agreements under the banner of “the pathologies of consent” was introduced by legal scholars Neil Richards and Woodrow Hartzog in 2019. Their analytical work provided a vocabulary to categorize consent failures beyond simple ignorance, specifically defining categories such as unwitting consent, coerced consent, and incapacitated consent. This conceptualization was crucial in critiquing the consumer-facing consent model, arguing that the pervasive overuse of consent in contexts lacking vivid risks or strong incentives to choose seriously renders the consent process pathological rather than protective.
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