Comments on: Beyond Pro-Choice: What about consent? http://blog.shrub.com/archives/tekanji/2007-01-29_507 Because we care about stuff Fri, 08 Aug 2008 20:53:24 +0000 http://wordpress.org/?v=2.6 By: SunlessNick http://blog.shrub.com/archives/tekanji/2007-01-29_507#comment-25374 SunlessNick Fri, 02 Feb 2007 11:27:52 +0000 http://blog.shrub.com/archives/tekanji/2007-01-29_507#comment-25374 Can you be held to have consented to anything from a hypothetical person who might someday exist? And is nine months of quasi-cannibalistic assault a valid contractual clause? The conservative argument might falter. Hopefully, anyway. Can you be held to have consented to anything from a hypothetical person who might someday exist? And is nine months of quasi-cannibalistic assault a valid contractual clause?

The conservative argument might falter. Hopefully, anyway.

]]> By: Darth Sidhe http://blog.shrub.com/archives/tekanji/2007-01-29_507#comment-23726 Darth Sidhe Mon, 29 Jan 2007 18:46:13 +0000 http://blog.shrub.com/archives/tekanji/2007-01-29_507#comment-23726 The counter-argument from the conservative side is that, of course, if you have sex of any sort, you are consenting to pregnancy should contraception fail. I'm not sure if that has any legal basis or precedent whatsoever in contract law, though; in fact, a good part of contract law involves minutely examining the terms of a contract for loopholes, and not specifically mentioning what one is obligated to do after a transfer of property is one gaping loophole right there. It seems kind of silly anyway; if I agree to plant your apple seeds in my yard, that doesn't mean I've also agreed to weed, feed and water them until they grow into a tree. The counter-argument from the conservative side is that, of course, if you have sex of any sort, you are consenting to pregnancy should contraception fail. I’m not sure if that has any legal basis or precedent whatsoever in contract law, though; in fact, a good part of contract law involves minutely examining the terms of a contract for loopholes, and not specifically mentioning what one is obligated to do after a transfer of property is one gaping loophole right there. It seems kind of silly anyway; if I agree to plant your apple seeds in my yard, that doesn’t mean I’ve also agreed to weed, feed and water them until they grow into a tree.

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