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Notes
Subject to the qualification that the state sometimes has a duty to potential wrongdoers to prevent them from wrongdoing. Tadros also thinks that the criminal law has communicative aims which are complementary to its preventive aims.
Unfortunately, the issue has been raised most recently by members of the “Incel” or “involuntary celibates” movement, whose other moral and political commitments are dubious to say the least, and whose members include people like Elliot Rodger, who killed five people in 2014 after writing a manifesto in which he said that he would punish “all females” for the “crime” of depriving him of sex. See Amia Srinivasan’s very interesting discussion of the movement and some of the philosophical issues it raises (Srinivasan 2018).
Jed Rubenfeld has argued that these cases show that we should give up on sexual autonomy as the central organizing concept in discussions of sexual deception (Rubenfeld 2012).
References
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Moore, Michael S. 2010. Placing Blame: A Theory of the Criminal Law. 1st published in paperback. Oxford; New York: Oxford University Press.
Pereboom, Derk. 2014. Free Will, Agency, and Meaning in Life. Oxford; New York: Oxford University Press.
Ridge, Michael, and Sean McKeever. 2016. “Moral Particularism and Moral Generalism.” In The Stanford Encyclopedia of Philosophy, edited by Edward N. Zalta, Winter 2016. Metaphysics Research Lab, Stanford University. https://plato.stanford.edu/archives/win2016/entries/moral-particularism-generalism/.
Rubenfeld, Jed. 2012. “The Riddle of Rape-by-Deception and the Myth of Sexual Autonomy.” Yale LJ 122: 1372.
Srinivasan, Amia. 2018. “Does Anyone Have the Right to Sex?” London Review of Books, March 22, 2018.
Tadros, Victor. 2011. The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press. https://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199554423.001.0001/acprof-9780199554423.
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Burra, A. BOOK REVIEW. Law and Philos 40, 455–462 (2021). https://doi.org/10.1007/s10982-021-09403-z
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DOI: https://doi.org/10.1007/s10982-021-09403-z