What the Court Cannot Recover

Philosophics — Philosophical and Political Ramblings · Jul 9, 2026 · 21m

Language philosopher Bry Willis examines the inherent linguistic and ontological instability of the concept of consent within legal frameworks. The author argues that consent is not a recoverable fact but a constructed threshold that courts must impose upon often irreconcilable personal experiences. Because individuals process encounters through divergent pre-verbal orientations, legal systems frequently mistake a forced resolution for the discovery of an objective truth. Nevertheless, Willis maintains that the ethical duty of care remains absolute, falling heavily on the party who acts into…