Why We Should Reject the Intention Condition

Abstract

This chapter argues that we should reject the Intention Condition, according to which an action falls within the scope of consent only if the consent-giver intends to permit this action. There are two key objections to the Intention Condition. The False Belief Objection concerns the possibility that a consent-giver lacks a permissive intention because they express their consent while falsely believing that this expression does not constitute valid consent. The Mistake Objection concerns consent-givers who make mistakes when communicating consent. Because of these mistakes, the consent-givers do not intend to permit certain actions, even though their behaviour expresses permission for these actions. When the consent-giver’s intentions diverge from their public behaviour, the scope of their consent is determined by the appropriate interpretation of their behaviour. Since the Intention Condition implies otherwise, we must reject the Intention Condition. Since the Intention Condition is entailed by both the Permissive Intention Principle and the Successful Communication Principle, we must reject both these principles.