Consentability

‘Nancy Kim has reset the stage in terms of how consent should be understood and governed within the law. In rich prose, she explains there are ‘reasons to doubt the invincibility of consent’, and with that she takes the reader on an intellectually rich journey. This is the rarest of books, because scholars across many disciplines will want to read and reference it. At a time in which consent is mired in confusion and conflict, she offers a clear and rich analysis on how we got here.’ Michele Goodwin, Chancellor’s Professor of Law, University of California, Irvine‘Should the law protect us from ourselves? Nancy Kim’s timely and interesting book examines this question through the lens of consent and its limits. Ironically, in an era of increasing choice regarding how to live, die, and procreate, we also understand better than ever the limits of human capacity to make wise choices. What the law should do about that, however, is far from clear.’ Kimberly Krawiec, Kathrine Robinson Everett Professor of Law, Duke University, North Carolina‘With Consentability, Nancy Kim has cemented her reputation as a leading authority on contracting theory. Kim confronts cutting edge ethical questions about the boundaries of consent, drawn from real-life scenarios involving harmful and potentially life-threatening contracting decisions. Her carefully crafted analysis balances values of autonomy against community needs and mores and once again offers a framework to help us think more clearly about the meaning of consent.’ Deborah Zalesne, City University of New York‘… a good overview, clearly written, and accessible even to nonspecialists.’ B. Gregg, Choice

Nancy S. Kim is Professor of Law and Internet Studies at California Western School of Law and a Visiting Professor at the Rady School of Management, University of California, San Diego. She is an elected member of the American Law Institute and the author of numerous articles, essays and two books, Wrap Contracts: Foundations and Ramifications and The Fundamentals of Contract Law and Clauses: A Practical Approach.