Consenting Under Third-Party Coercion

Journal of Moral Philosophy 19 (4):361-389 (2021)
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Abstract

This paper focuses on consent and third-party coercion, viz. cases in which a person consents to another person performing a certain act because a third party coerced her into doing so. I argue that, in these cases, the validity of consent depends on the behavior of the recipient of consent rather than the third party’s coercion taken separately, and I will specify the conditions under which consent is invalid. My view, which is a novel version of what I call a Recipient-Focus-View, holds that coercion invalidates consent only if consent was ‘obtained by’ coercion, but not if consent was ‘merely motivated by’ coercion. I explain and support my view on the basis that it best reconciles an unnoticed tension between two fundamental principles in the debate on consent and that it can deal with cases that undermine other Recipient-Focus-Views.

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Maximilian Kiener
Oxford University

Citations of this work

Contrastive Consent and Third Party Coercion.David Enoch - 2024 - Philosophers' Imprint 24 (1).

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References found in this work

What We Owe to Each Other.Thomas Scanlon (ed.) - 1998 - Cambridge: Harvard University Press.
Famine, affluence, and morality.Peter Singer - 1972 - Philosophy and Public Affairs 1 (3):229-243.
Shaping the Normative Landscape.David Owens - 2012 - Oxford, GB: Oxford University Press.
The view from nowhere.Thomas Nagel - 1986 - Revue Philosophique de la France Et de l'Etranger 178 (2):221-222.
Exploitation.Alan Wertheimer - 1996 - Princeton University Press.

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