The Psychology and Law of Hazing Consent

For years, the law has grappled with the extent to which an individual can consent to harmful physical contact. This has never been more evident than in the area of hazing. Courts have fallen on both sides of this divide, often enough speculating about the mental state of the alleged hazing victim. The question is often whether the individual had the psychological wherewithal to resist situational or contextual demands placed on him or her.

In this Article, the authors provide clarity to how the law has thought about this issue and how it should think about it in light of a range of psychological theories and empirical research.