Skip to main content
How do we define consent and why does it matter? 
The relevance that rape law places on ‘a rapist’s state of mind’ makes a mockery of women’s autonomy, argues legal scholar WENDY MURPHY
Joelle Hatem/Creative Commons

PERSONAL autonomy is among the most precious of human values. 

John Locke described it as a natural law that recognises the basic human right to self-determination. We shouldn’t even call it a right, because some things are so important we ought not codify them, lest they become subject to exceptions and legislative whims that can’t be reversed. Like the old camel’s nose in the tent problem — once the nose is in, the tent will surely fall.

We express our commitment to the profound nature of autonomy when we forbid things like slavery and torture, and when we say things like “my right to swing my fist ends before it hits you in the nose.”

Liberation webinar, 30 November2024, 6pm (UK)
Support the Morning Star
You have reached the free limit.
Subscribe to continue reading.