Ethical Theory and Moral Practice 17 (1):113-127 (2014)

Authors
Joseph Millum
University of St. Andrews
Abstract
Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that are legitimate. Illegitimate controlling third party threats render consent invalid just as they do in two party cases. However, knowing that the consent is invalid is not sufficient to tell the recipient of consent what she may or should do. I argue that when presented with a token of consent from someone whom she thinks is experiencing an illegitimate controlling threat, the recipient may act on that token if and only if doing so represents a reasonable joint decision for her and the victim of coercion. The appropriate action for someone faced with third party coercion therefore depends on the other options open to her and those open to the victim of coercion
Keywords Coercion  Consent  Applied ethics  Medical research
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DOI 10.1007/s10677-013-9419-2
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References found in this work BETA

Famine, Affluence, and Morality.Peter Singer - 1972 - Oxford University Press USA.
Famine, Affluence, and Morality.Peter Singer - 1972 - Philosophy and Public Affairs 1 (3):229-243.
Coercion.Alan Wertheimer - 1990 - Princeton University Press.
Coercion.Robert Nozick - 1969 - In White Morgenbesser (ed.), Philosophy, Science, and Method: Essays in Honor of Ernest Nagel. St Martin's Press. pp. 440--72.

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Citations of this work BETA

The Ethics of Allocating Uterine Transplants.Michelle J. Bayefsky & Benjamin E. Berkman - 2016 - Cambridge Quarterly of Healthcare Ethics 25 (3):350-365.
Consent in Clinical Research.Collin O'Neil - 2018 - In Andreas Müller & Peter Schaber (eds.), The Routledge Handbook of the Ethics of Consent. New York, USA: Routledge. pp. 297-310.

View all 10 citations / Add more citations

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