This category needs an editor. We encourage you to help if you are qualified.
Volunteer, or read more about what this involves.
Related categories

56 found
Order:
1 — 50 / 56
  1. Sober Thoughts on Drunken Consent: Intoxication and Consent to Sexual Relations.Samuel Director - forthcoming - Social Theory and Practice:1-33.
    Drunken sex is common. Despite how common drunken sex is, we think very uncritically about it. In this paper, I want to examine whether drunk individuals can consent to sex. Specifically, I answer this question: suppose that an individual, D, who is drunk but can still engage in reasoning and communication, agrees to have sex with a sober individual, S; is D’s consent to sex with S morally valid? I will argue that, within a certain range of intoxication, an individual (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  2. La Conversation des sexes: Philosophie du consentement.Manon Garcia - forthcoming - Paris, France: Flammarion.
    L’affaire Weinstein et le mouvement #MeToo ont mis la question des violences sexuelles au premier plan. Depuis, le consentement renvoie naturellement au consentement sexuel et amoureux, envisagé comme un sésame de l’égalité entre femmes et hommes. Pourtant, il est bien difficile à définir, et soulève trois problèmes. Le problème juridique, bien connu de celles et ceux qui suivent l’actualité, peut être résumé ainsi: que faire pour que les cas de viol, d’agression et de harcèlement sexuels soient efficacement punis ? Le (...)
    Remove from this list  
    Translate
     
     
    Export citation  
     
    Bookmark  
  3. 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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  4. ‘Half Victim, Half Accomplice’: Cat Person and Narcissism.Filipa Melo Lopes - 2021 - Ergo: An Open Access Journal of Philosophy 7 (26):701-729.
    At the end of 2017, Kristen Roupenian’s short story, Cat Person, went viral. Published at the height of the #MeToo movement, it depicted a ‘toxic date’ and a disturbing sexual encounter between Margot, a college student, and Robert, an older man she meets at work. The story was widely viewed as a relatable denunciation of women’s powerlessness and routine victimization. In this paper, I push against this common reading. I propose an alternative feminist interpretation through the lens of Simone de (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  5. Not What I Agreed To: Content and Consent.Emily C. R. Tilton & Jonathan Jenkins Ichikawa - 2021 - Ethics 132 (1):127–154.
    Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those that don’t (like (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  6. "Next Time" Means "No": Sexual Consent and the Structure of Refusals.Ginger Tate Clausen - 2020 - Feminist Philosophy Quarterly 6 (4).
    This paper emphasizes a need to recognize sexual refusals both in public discourse and in the context of particular interactions. I draw on sociolinguistic work on the structure of refusals to illuminate a much-discussed case of alleged sexual violence as well as to inform how we ought to think and talk about sexual consent and refusal more generally. I argue on empirical and ideological grounds that we ought to impute the same significance to refusals uttered in sexual contexts as we (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  7. Consent Is Not Enough: A Case Against Liberal Sexual Ethics.David McPherson - 2020 - In Bob Fischer (ed.), College Ethics: A Reader on Moral Issues that Affect You, 2nd edition. Oxford University Press.
    The standard liberal sexual ethic maintains that consent is the only requirement for ethical sexual relations. While consent is certainly necessary for an adequate sexual ethic (and it’s important to know what it involves), I argue that it’s far from sufficient. The key claims that I advance are the following: (1) The consent-only model of sexual ethics affirms a “casual” view of sex and therefore it can’t make sense of and properly combat what’s worst in the sexual domain: namely, the (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  8. A Lasallian Response to Rape Culture.Jordan Pascoe - 2020 - Axis: A Lasallian Journal of Higher Education 11 (1):129-155.
    The article offers a challenge to, and an invocation of, the values of Lasallian mission against rape culture. It addresses the continuum of violence, from outright misogynistic terrorism to an ongoing threat of assault and harassment, to the normalization of emotional and physical coercion of (primarily) women; and it explores historical responses within the Lasallian tradition to this pervasive problem in society and identifies a few rich resources within its underlying charism for tackling this pernicious evil (the virtue of silence (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  9. Human Being, Bodily Being: Phenomenology From Classical India, by Chakravarthi Ram-Prasad.Catherine Prueitt - 2020 - Mind 129 (516):1291-1303.
    In the matter of the body, even comparative language—the very use of English today—is soaked through and through with the Cartesian version of the intuition of dualism: the idea that we are fundamentally a mind and a body that must be either related ingeniously, or else reduced to one another. Instead, by deliberately looking at genres that pertain to other aspects of being human, I seek to go deeper into texts that simply start elsewhere than with intuitions of dualism, even (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  10. Maurizio Balistreri, Sex Robot. L’Amore Al Tempo Delle Macchine. [REVIEW]Steven Umbrello - 2020 - Filosofia 2020 (65):191-193.
    A new book by Maurizio Balistreri, "Sex robot. L’amore al tempo delle macchine", is reviewed. Sex robots not only exacerbate social, ethical and cultural issues that already exist, but also come with emergent and novel ones. This book is intended to build on the recent research on both robotics and the growing scholarship on sex robots more generally, however with greater attention to the developments of the philosophical issues of how to deal with these new artefacts and steps for living (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  11. Gelungener Sex.Almut Kristine V. Wedelstaedt - 2020 - Zeitschrift Für Praktische Philosophie 7 (1):103-132.
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  12. 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 (...)
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  13. Consent’s Dominion: Dementia and Prior Consent to Sexual Relations.Samuel Director - 2019 - Bioethics 33 (9):1065-1071.
    In this paper, I answer the following question: suppose that two individuals, C and D, have been in a long-term committed relationship, and D now has dementia, while C is competent; if D agrees to have sex with C, is it permissible for C to have sex with D? Ultimately, I defend the view that, under certain conditions, D can give valid consent to sex with C, rendering sex between them permissible. Specifically, I argue there is compelling reason to endorse (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  14. The Paradox of Consent.Stephen Kershnar - 2019 - International Journal of Applied Philosophy 33 (2):305-318.
    If consent is valid, then in every case it is either valid or invalid. This is because of the notion that consent eliminates a right and a person either has or lacks a right against another. A parallel problem to the paradox of symmetrical attackers applies to consent. That is, there is a case in which two people neither consent nor do not consent to one another. As a practical matter, attorneys, judges, legislators, physicians, and sex partners should not treat (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  15. 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 (...)
    Remove from this list   Direct download (8 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  16. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R V George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  17. 'Reasonable Steps': Amending Section 273.2 to Reflect the Jurisprudence.Lucinda Ann Vandervort - 2019 - Criminal Law Quarterly 66 (4):376-387.
    This piece proposes amendments to section 273.2 of the Canadian Criminal Code. Section 273.2, enacted in 1992 and revised in 2018, specifies circumstances in which belief in consent is not a defence to sexual assault. The amendments proposed here are designed to ensure that the wording of this statutory provision properly reflects the significant jurisprudential developments related to mens rea and the communication of voluntary agreement (i.e., affirmative sexual consent) achieved by Canadian judges since the original enactment of section 273.2 (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  18. The Routledge Handbook of the Ethics of Consent.Peter Schaber & Andreas Müller (eds.) - 2018 - Routledge.
    While the importance of Consent has been discussed widely over the last few decades, interest in its study has received renewed attention in recent years, particularly regarding medical treatment, clinical research and sexual acts. The Routledge Handbook of the Ethics of Consent is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five main parts: General Questions Normative Ethics Legal (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  19. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  20. Prostitution: You Can’T Have Your Cake and Sell It.Simon-Pierre Chevarie-Cossette - 2017 - Journal of Practical Ethics 5 (2):77-84.
    I offer an unorthodox argument for the thesis that prostitution is not just a normal job. It has the advantage of being compatible with the claim that humans should have full authority over their sexual life. In fact, it is ultimately the emphasis on this authority that leads the thesis that prostitution is a normal job to collapse. Here is the argument: merchants cannot (both legally and morally) discriminate whom they transact with on the basis of factors like the ethnicity (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  21. Is Sex With Robots Rape?Romy Eskens - 2017 - Journal of Practical Ethics 5 (2):62-76.
    It is widely accepted that valid consent is a necessary condition for permissible sexual activity. Since non-human animals, children, and individuals who are severely cognitively disabled, heavily intoxicated or unconscious, lack the cognitive capacity to give valid consent, this condition explains why it is impermissible to have sex with them. However, contrary to common intuitions, the same condition seems to render it impermissible to have sex with robots, for they too are incapable of consenting to sex due to insufficient cognitive (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  22. Consent and Deception.Robert Jubb - 2017 - Journal of Ethics and Social Philosophy 12 (2):223-229.
    Tom Dougherty has recently defended the claim that all deception that is consequential for sex is seriously wrong. This discussion piece argues that deception does not have to seriously undermine consent and that when sexual deception is seriously wrong, that may not only be to do with its relation to consent. In doing so, it defends distinguishing between the seriousness of deceptions, whether these are sexual or in other areas of life, and so defends what Dougherty calls the lenient view.
    Remove from this list   Direct download (9 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  23. Prostitution & Instrumentalization.Rob Lovering - 2017 - Philosophy Now (123):14-17.
    Is prostitution immoral? Various philosophers have put forward arguments for thinking so, one of the most notable being that, by engaging in sexual activity with someone for payment, the prostitute instrumentalizes himself or herself. In this paper, I identify two meanings of "instrumentalize" and, with them, two versions of the instrumentalization argument for the immorality of prostitution. I then critique each version of the argument.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  24. Juliette: A Model of Sexual Consent.Kavanagh Chandra - 2016 - Journal of the International Network for Sexual Ethics and Politics 4 (1):43-54.
    The ‘yes means yes’ model of sexual consent and the political and ethical commitments that underpin this model have three fundamental disadvantages. This position unfairly polices the sexual expression of participants; it demands an unreasonably high standard for defining sexual interaction as consensual; and by denying the body’s capacity for expressing sexual consent this model allows perpetrators of sexual violence to define consent. I argue that a critical examination of Marquis de Sade’s novel Juliette can provide the basis for a (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  25. Consenting Adults, Sex, and Natural Law Theory.Timothy Hsiao - 2016 - Philosophia 44 (2):1-21.
    This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  26. Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton. [REVIEW]Lucinda Vandervort - 2016 - Canadian Journal of Women and the Law 28:697-702.
    This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  27. Sex, Lies, and Consent.Tom Dougherty - 2013 - Ethics 123 (4):717-744.
    How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    Bookmark   30 citations  
  28. Criticising Religious Practices.Brian D. Earp - 2013 - The Philosophers' Magazine 63:15-17.
    In 2012, a German court ruled that religious circumcision of male minors constitutes criminal bodily assault. Muslim and Jewish groups responded with outrage, with some commentators pegging the ruling to Islamophobic and anti-Semitic motivations. In doing so, these commentators failed to engage with any of the legal and ethical arguments actually given by the court in its landmark decision. In this brief commentary, I argue that a firm distinction must be drawn between criticisms of religious practices that stem from irrational (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  29. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  30. HIV, Fraud, Non-Disclosure, Consent and a Stark Choice: Mabior or Sexual Autonomy?Lucinda Vandervort - 2013 - Criminal Law Quarterly 60 (2):301-320.
    The reasons for judgment by the Supreme Court of Canada on the appeal in Mabior (2012 SCC 47) fail to address or resolve a number of significant questions. The reasons acknowledge the fundamental role of sexual consent in protecting sexual autonomy, equality, and human dignity, but do not use the law of consent as a tool to assist the Court in crafting a fresh approach to the issue on appeal. Instead the Court adopts the same general approach to analysis of (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  31. The Morality of Faking Orgasms: Deception in a Dishonest World.Stephen Kershnar - 2012 - International Journal of Applied Philosophy 26 (1):85-104.
    In this essay, I argue that orgasm-faking is permissible. My essay consists of three parts. First, I provide a background sketch of the psychology of orgasm-faking. Second, I argue that it is permissible. Third, I consider other arguments that might be made for the permissibility of faking it.
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  32. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  33. 'Too Young to Sell Me Sex!?' Mens Rea, Mistake of Fact, Reckless Exploitation, and the Underage Sex Worker.Lucinda Vandervort - 2012 - Criminal Law Quarterly 58 (3/4):355-378.
    In 1987, apprehension that “unreasonable mistakes of fact” might negative mens rea in sexual assault cases led the Canadian Parliament to enact “reasonable steps” requirements for mistakes of fact with respect to the age of complainants. The role and operation of the “reasonable steps” provisions in ss. 150.1(4) and (5) and, to a lesser extent, s. 273.2 of the Criminal Code, must be reassessed. Mistakes of fact are now largely addressed at common law by jurisprudence that has re-invigorated judicial awareness (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  34. A Horny Dilemma: Sex and Friendship Between Students and Professors.Kania Andrew - 2010 - In M. Bruce & R. M. Stewart (eds.), College Sex – Philosophy for Everyone: Philosophers with Benefits. Chichester, UK: Wiley-Blackwell. pp. 117-130.
    I argue that if we want to condemn sexual relationships between professors and students we must also condemn friendships between them. On the other hand, if we want to allow such friendships, we must condone (some) professor-student sexual relationships. My main reasons for this conclusion are, first, that the differences between close friendships and sexual relationships are more subtle than most people think — there is no clear boundary between the two — and, second, anything that would concern us about (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  35. The Problem with Polygamy.Thom Brooks - 2009 - Philosophical Topics 37 (2):109-122.
    Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  36. Sex.Jonathan Webber - 2009 - Philosophy 84 (2):233-250.
    The sexual domain is unified only by the phenomenal quality of the occurrence of the desires, activities, and pleasures it includes. There is no conceptual restriction on the range of intentional objects those desires, activities, and pleasures can take. Neither is there good conceptual reason to privilege any class of them as paradigmatic. Since the quality unifying the sexual is not morally significant, the morality of sexuality is no different from morality in general. The view that participant consent is morally (...)
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  37. Is It Rape? On Acquaintance Rape and Taking Women's Consent Seriously - by Joan McGregor, Making Sense of Sexual Consent - by Mark Cowling & Paul Reynolds, the Logic of Consent, the Diversity and Deceptiveness of Consent as a Defence to Criminal Conduct - by Peter Westen, and Consent to Sexual Relations - by Lan Wertheimer.David Archard - 2007 - Journal of Applied Philosophy 24 (2):209–221.
  38. Alan Wertheimer, Consent to Sexual Relations (Cambridge: Cambridge University Press, 2003), Pp. XV + 293.Eric Reitan - 2007 - Utilitas 19 (2):261-263.
  39. The Moral Status of Sexual Fantasies.Stephen Kershnar - 2005 - Public Affairs Quarterly 19 (4):301-315.
    Sexual fantasy is a non-perceptual thought that is sexually arousing. It has several paradigmatic features. The structure of a fantasy involves an agent taking pleasure in an object that is often a visual depiction of an event. The fantasy is under the agent’s control and has a semantic content. Since mere sexual fantasizing about someone respects the individual who are depicted in the fantasy, the rightness of a sexual fantasy depends on whether consequentialism is true and, if so, whether the (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  40. Sexual Assault: Availability of the Defence of Belief in Consent.Lucinda Vandervort - 2005 - Canadian Bar Review 84 (1):89-105.
    Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  41. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  42. Review of Alan Wertheimer, Consent to Sexual Relations[REVIEW]Stephen Kershnar - 2004 - Notre Dame Philosophical Reviews 2004 (2).
    Alan Wertheimer’s book, Consent to Sexual Relations, is an important investigation of consent to sex. The book contains many interesting and insightful arguments and does a nice job of distinguishing the considerations that are relevant to moral and legal consent. The book is both broad and narrow. It is broad in that it discusses a broad array of interesting issues, including the psychology of rapists, the types of psychological harm that rape victims suffer, the moral status and nature of consent, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  43. Honest Beliefs, Credible Lies, and Culpable Awareness: Rhetoric, Inequality, and Mens Rea in Sexual Assault.Lucinda Vandervort - 2004 - Osgoode Hall Law Journal 42 (4):625-660.
    The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  44. Review: Victimization and Consent. [REVIEW]Renee Heberle - 2002 - Hypatia 17 (3):257 - 264.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  45. Book Review: Edited by Sharon Lamb. Victimization and Consent and New Versions of Victims: Feminists Struggle with the Concept. New York: New York University Press, 1999. And Pamela Haag. Consent: Sexual Rights and the Transformation of American Liberalism. Ithaca: Cornell University Press, 1999. [REVIEW]Renee Heberle - 2002 - Hypatia 17 (3):257-264.
  46. Sexual Morality: Is Consent Enough?Igor Primoratz - 2001 - Ethical Theory and Moral Practice 4 (3):201-218.
    The liberal view that valid consent is sufficient for a sex act to be morally legitimate is challenged by three major philosophies of sex: the Catholic view of sex as ordained for procreation and properly confined to marriage, the romantic view of sex as bound up with love, and the radical feminist analysis of sex in our society as part and parcel of the domination of women by men. I take a critical look at all three, focusing on Mary Geach''s (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark   12 citations  
  47. Consent, Coercion, and Sexual Autonomy.Jeffrey A. Gauthier - 1999 - In Keith Burgess-Jackson (ed.), A Most Detestable Crime: New Philosophical Essays on Rape. Oxford University Press. pp. 71-91.
    Feminist legal scholarship has questioned the usefulness of non-consent as a criterion for rape. Under conditions of generalized sexual oppression, consent may not be an adequate for absence of coercion. I defend this argument and propose that rape law reform can be usefully informed by state protection of workers in the capitalist labor market, where it is assumed that the parties occupy an unequal bargaining position.
    Remove from this list  
     
    Export citation  
     
    Bookmark   3 citations  
  48. David Archard, Sexual Consent:Sexual Consent.Rosemarie Putnam Tong - 1999 - Ethics 109 (3):643-644.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  49. Antioch's “Sexual Offense Policy”: A Philosophical Exploration.Alan Soble - 1997 - Journal of Social Philosophy 28 (1):22-36.
  50. Introduction to Issues 2 and 3: Symposium on Consent in Sexual Relations: Larry Alexander.Larry Alexander - 1996 - Legal Theory 2 (2):87-88.
    Legal and social norms regarding gender relations have undergone dramatic changes in the past 25 years. The changes have come about largely because of the confluence of changing economic and technological realities, the unfolding of the norm dictating equal treatment of individuals, the sexual revolution and its corollaries of improved contraception and legal abortion, the rise of women as a self-conscious group and a presence in the academy, and the interrelations of all of these factors. As men and women have (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
1 — 50 / 56