ABSTRACT

This essay examines debates surrounding the volenti maxim (volenti non fit injuria – “to one who consents, no wrong is done”). Section one provides a brief introduction to the maxim, outlines its historical development, and examines some controversies regarding the scope of its application. Section two frames its investigation in terms of three “W” questions: Who, What, and Why. That is, whose normative position is changed by the force of the volenti maxim? What normative force does the maxim have? And, finally, why does the maxim bear the normative force that it does?