The Undue Influence of Causation

Paul J. Litton, University of Missouri School of Law


Robert Nelson and colleagues (2011) claim that no useful analysis of "voluntariness" appears in the academic literature and identify their goal as "fill[ing] the gaps left by inadequate and incomplete conceptual analysis" (6). They describe scholarly work on exploitation and undue inducement as "impoverished." The authors thereby promise a useful, adequate, complete, and robust analysis of "voluntariness." Unfortunately, they do not succeed in this ambitious project. This commentary highlights some ways their analysis fails due to their closely associating involuntariness with causally determined.