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  1. Bad Sex and Consent.Elise Woodard - forthcoming - In David Boonin (ed.), Handbook of Sexual Ethics. Palgrave.
    It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...)
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  • The Volenti Maxim.Peter Schaber - 2020 - The Journal of Ethics 24 (1):79-89.
    This paper discusses the volenti non fit injuria maxim. The volenti maxim states that a person is not wronged by that to which she consents, provided her consent is valid. I will argue, however, that the volenti maxim does not apply to all instances of valid consent. In some cases the consenter is wronged even if his consent is valid. Valid consent can only release others from consent-sensitive duties, not from consent-insensitive duties. If the consentee flouts a consent-insensitive duty the (...)
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  • Co-Responsibility for Individualists.David Atenasio - 2019 - Res Publica 25 (4):511-530.
    Some argue that if an agent intentionally participates in collective wrongdoing, that agent bears responsibility for contributing actions performed by other members of the agent’s collective. Some of these intention-state theorists distribute co-responsibility to group members by appeal to participatory intentions alone, while others require participants to instantiate additional beliefs or perform additional actions. I argue that prominent intention-state theories of co-responsibility fail to provide a compelling rationale for why participation in collective wrongdoing merits responsibility not only for one’s own (...)
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  • Provocateurs.Kimberly Kessler Ferzan - 2013 - Criminal Law and Philosophy 7 (3):597-622.
    When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...)
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  • Victimless Conduct and the Volenti Maxim: How Consent Works. [REVIEW]Michelle Madden Dempsey - 2013 - Criminal Law and Philosophy 7 (1):11-27.
    This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission . When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting person. (...)
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  • Coerced Consent with an Unknown Future.Tom Dougherty - 2021 - Philosophy and Phenomenological Research 103 (2):441-461.
    Philosophy and Phenomenological Research, Volume 103, Issue 2, Page 441-461, September 2021.
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  • La teoría consensual de la pena en la encrucijada.Matías Parmigiani - 2021 - Ideas Y Valores 70 (175):95-115.
    Resumen Tanto el concepto típicamente utilitarista de protección social como el concepto típicamente kantiano de consentimiento ocupan un lugar central en la estrategia que ensaya C. S. Nino para justificar la institución del castigo. Sin embargo, en este trabajo intentaré demostrar que ambos conceptos son irreconciliables. La encrucijada, en cualquier caso, es la siguiente: mientras el primer concepto, interpretado a la luz de la teoría ética del autor, parece tornar innecesaria la apelación al segundo concepto, una interpretación alternativa del primer (...)
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  • Good to Die.Rainer Ebert - 2013 - Diacritica 27:139-156.
    Among those who reject the Epicurean claim that death is not bad for the one who dies, it is popularly held that death is bad for the one who dies, when it is bad for the one who dies, because it deprives the one who dies of the good things that otherwise would have fallen into her life. This view is known as the deprivation account of the value of death, and Fred Feldman is one of its most prominent defenders. (...)
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  • Was Ellen Wronged?Stephen P. Garvey - 2013 - Criminal Law and Philosophy 7 (2):185-216.
    Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...)
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  • Non-Consensual Personified Sexbots: An Intrinsic Wrong.Karen Lancaster - forthcoming - Ethics and Information Technology.
    Humanoid robots used for sexual purposes are beginning to look increasingly lifelike. It is possible for a user to have a bespoke sexbot created which matches their exact requirements in skin pigmentation, hair and eye colour, body shape, and genital design. This means that it is possible—and increasingly easy—for a sexbot to be created which bears a very high degree of resemblance to a particular person. There is a small but steadily increasing literature exploring some of the ethical issues surrounding (...)
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  • Virtual Worlds and Moral Evaluation.Jeff Dunn - 2012 - Ethics and Information Technology 14 (4):255-265.
    Consider the multi-user virtual worlds of online games such as EVE and World of Warcraft, or the multi-user virtual world of Second Life. Suppose a player performs an action in one of these worlds, via his or her virtual character, which would be wrong, if the virtual world were real. What is the moral status of this virtual action? In this paper I consider arguments for and against the Asymmetry Thesis: the thesis that such virtual actions are never wrong. I (...)
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  • How to Argue About Prostitution.Michelle Madden Dempsey - 2012 - Criminal Law and Philosophy 6 (1):65-80.
    This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010 ) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.
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  • Consent and the Problem of Framing Effects.Jason Hanna - 2011 - Ethical Theory and Moral Practice 14 (5):517-531.
    Our decision-making is often subject to framing effects: alternative but equally informative descriptions of the same options elicit different choices. When a decision-maker is vulnerable to framing, she may consent under one description of the act, which suggests that she has waived her right, yet be disposed to dissent under an equally informative description of the act, which suggests that she has not waived her right. I argue that in such a case the decision-maker’s consent is simply irrelevant to the (...)
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  • Reverse‐Engineering Blame 1.Paulina Sliwa - 2019 - Philosophical Perspectives 33 (1):200-219.
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  • What’s the Deal? Women’s Evidence and Gendered Negotiations.Elsje Bonthuys - 2019 - Feminist Legal Studies 27 (1):7-31.
    South African law has traditionally denied property sharing rights to people in non-marital intimate partnerships, but a series of new cases has created the possibility of enforcing universal partnership contracts to claim a share in partnership property. However, evidential biases within these progressive cases reflect a historical disdain for women’s contributions to relationships and a widespread reluctance to believe women’s testimony about the existence of agreements to share. These biases bear strong resemblances to the gender stereotypes which have been the (...)
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  • Moral Risk and Communicating Consent.Renée Jorgensen Bolinger - 2019 - Philosophy and Public Affairs 47 (2):179-207.
    In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...)
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  • Yes Means Yes: Consent as Communication.Tom Dougherty - 2015 - Philosophy and Public Affairs 43 (3):224-253.
  • Punishment, Consent and Value.David Alm - 2018 - Ethical Theory and Moral Practice 21 (4):903-914.
    In this paper I take another look at the view, defended by C. Nino, that we may punish criminals because, by knowingly breaking a law, they have consented to becoming liable to the prescribed punishment. I will first rebut the criticisms usually aimed at this view in the literature, aiming to show that they are inconclusive. They are all efforts to show that criminal offenders in fact do not consent to becoming liable to punishment simply by committing crimes. I then (...)
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  • Sexual Consent and Lying About One’s Self.Jennifer Matey - 2019 - Philosophy and Phenomenological Research 102 (2):380-400.
    Philosophy and Phenomenological Research, EarlyView. Despite the acknowledgement of the moral significance of consent there is still much work to be done in determining which specific sexual encounters count as unproblematically consensual. This paper focuses on the impact of deception. It takes up the specific case of deception about one's self. It may seem obvious that one ought not to lie to a sexual partner about who one is, but determining which features of oneself are most relevant, as well as (...)
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  • Challenging Research on Human Subjects: Justice and Uncompensated Harms.Stephen Napier - 2013 - Theoretical Medicine and Bioethics 34 (1):29-51.
    Ethical challenges to certain aspects of research on human subjects are not uncommon; examples include challenges to first-in-human trials (Chapman in J Clin Res Bioethics 2(4):1–8, 2011), certain placebo controlled trials (Anderson in J Med Philos 31:65–81, 2006; Anderson and Kimmelman in Kennedy Inst Ethics J 20(1):75–98, 2010) and “sham” surgery (Macklin in N Engl J Med 341:992–996, 1999). To date, however, there are few challenges to research when the subjects are competent and the research is more than minimal risk (...)
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  • Fickle Consent.Tom Dougherty - 2014 - Philosophical Studies 167 (1):25-40.
    Why is consent revocable? In other words, why must we respect someone's present dissent at the expense of her past consent? This essay argues against act-based explanations and in favor of a rule-based explanation. A rule prioritizing present consent will serve our interests the best, in light of our interests in having flexibility over our consent and in minimizing the possibility of error in people's judgments about whether we consent.
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  • False Consciousness for Liberals, Part I: Consent, Autonomy, and Adaptive Preferences.David Enoch - 2020 - Philosophical Review 129 (2):159-210.
    The starting point regarding consent has to be that it is both extremely important, and that it is often suspicious. In this article, the author tries to make sense of both of these claims, from a largely liberal perspective, tying consent, predictably, to the value of autonomy and distinguishing between autonomy as sovereignty and autonomy as nonalienation. The author then discusses adaptive preferences, claiming that they suffer from a rationality flaw but that it's not clear that this flaw matters morally (...)
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  • Paternalism and the Ill-Informed Agent.Jason Hanna - 2012 - The Journal of Ethics 16 (4):421-439.
    Most anti-paternalists claim that informed and competent self-regarding choices are protected by autonomy, while ill-informed or impaired self-regarding choices are not. Joel Feinberg, among many others, argues that we can in this way distinguish impermissible “hard” paternalism from permissible “soft” paternalism. I argue that this view confronts two related problems in its treatment of ill-informed decision-makers. First, it faces a dilemma when applied to decision-makers who are responsible for their ignorance: it either permits too much, or else too little, intervention (...)
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  • Your Word Against Mine: The Power of Uptake.Lucy McDonald - forthcoming - Synthese:1-22.
    Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call this (...)
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  • Why Does Duress Undermine Consent?Tom Dougherty - forthcoming - Noûs.
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  • Sex By Deception.Berit Brogaard - forthcoming - In John M. Doris & Manuel Vargas (eds.), Oxford Handbook of Moral Psychology. Oxford: Oxford University Press.
    In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...)
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  • Why Does Duress Undermine Consent? 1.Tom Dougherty - 2021 - Noûs 55 (2):317-333.
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  • The Moral Rules of Trash Talking: Morality and Ownership.Stephen Kershnar - 2015 - Sport, Ethics and Philosophy 9 (3):303-323.
    This paper argues that an instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. The argument for this position rests on the notion that if there is no relevant side-constraint on trash-talking, then if the player commits to a moral boundary on trash-talking then that is the moral boundary on trash-talking. I then argued that there is no relevant side-constraint on trash-talking and that the players commit to the ownership theory (...)
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  • The Medical Surrogate as Fiduciary Agent.Dana Howard - 2017 - Journal of Law, Medicine and Ethics 45 (3):402-420.
    Within bioethics, two prevailing approaches structure how we think about the role of medical surrogates and the decisions that they must make on behalf of incompetent patients. One approach views the surrogate primarily as the patient's agent, obediently enacting the patient's predetermined will. The second approach views the surrogate as the patient's custodian, judging for herself how to best safeguard the patient's interests. This paper argues that both of these approaches idealize away some of the ethically relevant features of advance (...)
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  • Metasemantic Ethics.Derek Ball - 2020 - Ratio 33 (4):206-219.
    The idea that experts (especially scientific experts) play a privileged role in determining the meanings of our words and the contents of our concepts has become commonplace since the work of Hilary Putnam, Tyler Burge, and others in the 1970s. But if experts have the power to determine what our words mean, they can do so responsibly or irresponsibly, from good motivations or bad, justly or unjustly, with good or bad effects. This paper distinguishes three families of metasemantic views based (...)
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  • Click Here to Consent Forever: Expiry Dates for Informed Consent.Bart Custers - 2016 - Big Data and Society 3 (1).
    The legal basis for processing personal data and some other types of Big Data is often the informed consent of the data subject involved. Many data controllers, such as social network sites, offer terms and conditions, privacy policies or similar documents to which a user can consent when registering as a user. There are many issues with such informed consent: people get too many consent requests to read everything, policy documents are often very long and difficult to understand and users (...)
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  • Rights Forfeiture and Liability to Harm.Massimo Renzo - 2017 - Journal of Political Philosophy 25 (3):324-342.
  • Co-Responsibility for Individualists.David Atenasio - 2019 - Res Publica 25 (4):511-530.
    Some argue that if an agent intentionally participates in collective wrongdoing, that agent bears responsibility for contributing actions performed by other members of the agent’s collective. Some of these intention-state theorists distribute co-responsibility to group members by appeal to participatory intentions alone, while others require participants to instantiate additional beliefs or perform additional actions. I argue that prominent intention-state theories of co-responsibility fail to provide a compelling rationale for why participation in collective wrongdoing merits responsibility not only for one’s own (...)
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  • Public Interest in Health Data Research: Laying Out the Conceptual Groundwork.Angela Ballantyne & G. Owen Schaefer - 2020 - Journal of Medical Ethics 46 (9):610-616.
    The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...)
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  • “… as If It Were a Thing.” A Feminist Critique of Consent.Daniel Loick - 2020 - Constellations 27 (3):412-422.
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  • Carlos Nino's Conception of Consent in Crime.Miroslav Imbrisevic - 2013 - Diacritica 27 (2):103-124.
    In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative consequences of a proscribed act – this is (...)
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  • Consent to Sexual Interactions.Japa Pallikkathayil - 2019 - Politics, Philosophy and Economics 19 (2):107-127.
    The way in which consent to sexual interactions is understood in the US is undergoing a transformation. Many universities, sometimes at the behest of lawmakers, are moving to adopt ‘affirmative consent’ policies, which define consent in terms of affirmative behavior that goes beyond mere silence or lack of resistance. Although these policies are a move in the right direction, I argue that their content has not been properly understood. In particular, the circumstances in which nonverbal behavior may communicate consent are (...)
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  • Do We Have Normative Powers?Ruth Chang - 2020 - Aristotelian Society Supplementary Volume 94 (1):275-300.
    ‘Normative powers’ are capacities to create normative reasons by our willing or say-so. They are significant, because if we have them and exercise them, then sometimes the reasons we have are ‘up to us’. But such powers seem mysterious. How can we, by willing, create reasons? In this paper, I examine whether normative powers can be adequately explained normatively, by appeal to norms of a practice, normative principles, human interests, or values. Can normative explanations of normative powers explain how an (...)
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  • Despairing About War: The Democratic Limits of Pessimism.Suzanne Dovi - 2017 - Essays in Philosophy 18 (2):223-244.
    The realities of modern war provide lots of reasons for pessimism and despair. In this article, I identify ways pessimism cannot only undercut the types of political action needed to end war but also conflict with central democratic norms, e.g. equality and political autonomy. Contrary to the growing literature on pessimism, which stresses its resources for negotiating the moral chaos and disenchantment of modernity, I highlight the democratic costs of relying on pessimism to stop war. To do this, I clarify (...)
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  • How Permissive Consent Works.Peter Schaber - 2020 - Ratio 33 (2):117-124.
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  • Understanding, Communication, and Consent.Joseph Millum & Danielle Bromwich - 2018 - Ergo: An Open Access Journal of Philosophy 5:45-68.
    Misconceived Consent: Miguel has stage IV lung cancer. He has nearly exhausted his treatment options when his oncologist, Dr. Llewellyn, tells him about an experimental vaccine trial that may boost his immune response to kill cancer cells. Dr. Llewellyn provides Miguel with a consent form that explains why the study is being conducted, what procedures he will undergo, what the various risks and benefits are, alternative sources of treatment, and so forth. She even sits down with him, carefully talks through (...)
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  • On Wrongs and Crimes : Does Consent Require Only an Attempt to Communicate?Tom Dougherty - 2019 - Criminal Law and Philosophy 13 (3):409-423.
    In Wrongs and Crimes, Victor Tadros clarifies the debate about whether consent needs to be communicated by separating the question of whether consent requires expressive behaviour from the question of whether it requires “uptake” in the form of comprehension by the consent-receiver. Once this distinction is drawn, Tadros argues both that consent does not require uptake and that consent does not require expressive behaviour that provides evidence to the consent-receiver. As a result, Tadros takes the view that consent requires an (...)
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  • Myth or Magic? Towards a Revised Theory of Informed Consent in Medical Research.Bert Heinrichs - 2019 - Journal of Medicine and Philosophy 44 (1):33-49.
    Although the principle of informed consent is well established and its importance widely acknowledged, it has met with criticism for decades. Doubts have been raised for a number of different reasons. In particular, empirical data show that people regularly fail to reproduce the information provided to them. Many critics agree, therefore, that the received concept of informed consent is no more than a myth. Strategies to overcome this problem often rest on a flawed concept of informed consent. In this paper, (...)
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  • The Hohfeldian Analysis of Rights.Heidi M. Hurd & Michael S. Moore - 2018 - American Journal of Jurisprudence 63 (2):295-354.
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  • The Symbolic-Consequences Argument in the Sex Robot Debate.John Danaher - 2017 - In John Danaher & Neil McArthur (eds.), Robot Sex: Social and Ethical Implications. Cambridge, MA: MIT Press.
    This chapter examines a common objection to sex robots: the symbolic-consequences argument. According to this argument sex robots are problematic because they symbolise something disturbing about our attitude to sex-related norms such as consent and the status of our sex partners, and because of the potential consequences of this symbolism. After formalising this objection and considering several real-world uses of it, the chapter subjects it to critical scrutiny. It argues that while there are grounds for thinking that sex robots could (...)
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  • What Would a Deontic Logic of Internal Reasons Look Like?Rufus Duits - 2016 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 3 (4):351-373.
    The so-called ‘central problem’ of internalism has been formulated like this: one cannot concurrently maintain the following three philosophical positions without inconsistency: internalism about practical reason, moral rationalism, and moral absolutism. Since internalism about practical reason is the most controversial of these, the suggestion is that it is the one that is best abandoned. In this paper, I point towards a response to this problem by sketching a deontic logic of internal reasons that deflates moral normativity to the normativity of (...)
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  • It’s Good to Be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law. [REVIEW]Jonathan Witmer-Rich - 2011 - Criminal Law and Philosophy 5 (3):377-398.
    What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is (...)
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  • Permissive Consent: A Robust Reason-Changing Account.Neil Manson - 2016 - Philosophical Studies 173 (12):3317-3334.
    There is an ongoing debate about the “ontology” of consent. Some argue that it is a mental act, some that it is a “hybrid” of a mental act plus behaviour that signifies that act; others argue that consent is a performative, akin to promising or commanding. Here it is argued that all these views are mistaken—though some more so than others. We begin with the question whether a normatively efficacious act of consent can be completed in the mind alone. Standard (...)
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  • Permissible Secrets.Hugh Lazenby & Iason Gabriel - 2018 - Philosophical Quarterly 68 (271):265-285.
    This article offers an account of the information condition on morally valid consent in the context of sexual relations. The account is grounded in rights. It holds that a person has a sufficient amount of information to give morally valid consent if, and only if, she has all the information to which she has a claim-right. A person has a claim-right to a piece of information if, and only if, a. it concerns a deal-breaker for her; b. it does not (...)
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  • Of Moral Wizardry and Experiential Transformation : A Case for Consent as a Mental State.Philip Södermark - unknown
    In ethics, a highly relevant and divisive topic is that of consent. Many moral dilemmas and ethical forks in the road turn on the question of consent. But how do we differentiate between the consensual and the non-consensual? There is no simple answer to this question and philosophers are quite divided, as they tend to be. Some believe that consent is a mental state whereas others maintain that it is a behavioral expression of some kind. There are others still who (...)
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