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  1. A Euthyphro Problem for Consent Theory.Jonathan Ichikawa - manuscript
    Consent theory in sexual ethics, Jonathan Ichikawa argues, has a Euthyphro problem. -/- It is widely held that sexual violations are explicable in terms of nonconsensual sexual contact. But a notion of consent adequate to explain many moral judgments typical of sexual ethics — a notion that vindicates the idea that consent cannot be coerced, that it must be sober, that children cannot consent to sex with adults, etc. — cannot, Ichikawa argues, be articulated, motivated, or explained in a way (...)
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  2. Review of Hallie Liberto, Green Light Ethics[REVIEW]Jonathan Ichikawa - manuscript
  3. Tom Dougherty, The Scope of Consent, (Oxford: Oxford University Press, 2021), 192 pages. ISBN: 9780192894793. Hardback: $70.00. [REVIEW]Samuel Director - forthcoming - Journal of Moral Philosophy.
  4. Caring for Valid Sexual Consent.Eli Benjamin Israel - forthcoming - Hypatia.
    When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the consent-receiver is capable and willing to act (...)
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  5. Do You Mind Violating My Will? Revisiting and Asserting Autonomy.Eli Benjamin Israel - forthcoming - In Georgi Gardiner & Micol Bez (eds.), The Philosophy of Sexual Violence. Routledge.
    In this paper, I discuss a subset of preferences in which a person desires the fulfillment of a choice they have made, even if it involves the violation of their desires, as in rape fantasies. I argue that such cases provide us with a unique insight into personal autonomy from a proceduralist standpoint. In its first part, I analyze some examples in light of Frankfurt's endorsement theory and argue that even when we cannot endorse a practical decision that involves being (...)
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  6. The Value of Uptake.Anni Aliisa Raty - forthcoming - Journal of Ethics and Social Philosophy.
    Arguments for what consent is often appeal to its functions. For instance, some argue that because consent functions to express the consent-giver’s autonomous control over her normative boundaries, consent must consist in a mental state. In this paper I argue that consent has an often overlooked function, and that its having this function has consequences for our views of what consent is. I argue that consent has a relationship-shaping function: acts of consent can alter and enable personal relationships. This function (...)
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  7. Sexual Agency and Sexual Wrongs: A Dilemma for Consent Theory.Melissa Rees & Jonathan Ichikawa - forthcoming - Philosophers' Imprint.
    On a version of consent theory that tempts many, predatory sexual relations involving significant power imbalances (e.g. between professors and students, adults and teenagers, or employers and employees) are wrong because they violate consent-centric norms. In particular, the wronged party is said to have been _incapable_ of consenting to the predation, and the sexual wrong is located in the encounter’s nonconsensuality. Although we agree that these are sexual wrongs, we resist the idea that they are always nonconsensual. We argue instead (...)
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  8. Whose Uptake Matters? Sexual Refusal and the Ethics of Uptake.Rebecca E. Harrison & Kai Tanter - 2024 - Philosophical Quarterly.
    What role does audience uptake play in determining whether a speaker refuses or consents to sex? Proponents of constitution theories of uptake argue that which speech act someone performs is largely determined by their addressee’s uptake. However, this appears to entail a troubling result: a speaker might be made to perform a speech act of sexual consent against her will. In response, we develop a social constitution theory of uptake. We argue that addressee uptake can constitute a speaker’s utterance of (...)
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  9. An Inclusive Account of the Permissibility of Sex: Considering Children, Non-human Animals, and People with Intellectual Disabilities.Adrià Rodríguez Moret - 2024 - Social Theory and Practice 50 (2):307-333.
    A complete theory of the permissibility of sex must not only determine the permissibility of sex between typical adult humans. In addition, it must also adequately take into consideration sex acts involving non-human animals, children, and humans with intellectual disabilities. However, when trying to develop a non-discriminatory account that includes these beings, two worrying problems of animal sex arise. To surpass them, I argue for a reformulation of the standard theory. To produce a truly inclusive account our theory should be (...)
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  10. Review of Tom Dougherty: The Scope of Consent[REVIEW]Elise Woodard - 2024 - Ethics 134 (3):402-407.
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  11. Addressing the “Puzzle” of Gray-Area Sexual Violations.Nic Cottone - 2023 - Hypatia 38 (2):390-404.
    The gray area of sexual violations generally refers to ambiguous sexual experiences that are not readily distinguishable from rape or sex. Such experiences are describable as ambiguous or complex in a way that, to some, seems to defy existent categories of sexual experiences. This leads some feminists to approach the gray area as a puzzle that must be resolved either by understanding it as a new category, or by upholding existing rape categorization. Rather than dispelling the gray-area ambiguity by resolving (...)
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  12. Dementia and Concurrent Consent to Sexual Relations.Samuel Director - 2023 - Hastings Center Report 53 (3):37-45.
    Philosophers have become newly interested in the ethics of sex. One promising feature of this new discussion is that it has been broadening our moral lens to include individuals whose sexual interests have historically been denied or ignored. One such group is the elderly. Contrary to popular belief, many elderly people want to have sex and see it as a regular part of their lives. If society harbors ignorance about or prejudice against elderly sexuality, it harbors stronger views against the (...)
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  13. The Joy of Consent: A Philosophy of Good Sex.Manon Garcia - 2023 - Harvard University Press.
  14. Sex, Consent, and Moral Obligations.Konstantin Morozov - 2023 - Problems of Ethics 12:27-47.
    Contemporary debates about sexual ethics are dominated by a consent-oriented approach—consensualism. This position well explains the immorality of such acts as rape, pedophilia, bestiality and necrophilia. However, consensualism faces difficulties when it comes to adultery or HIV transmission. This article analyzes such unacquired moral obligations not to engage in consensual sex. A new natural law approach is proposed to explain and justify these obligations. This position places central importance in the evaluation of sexual acts on whether they are aimed at (...)
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  15. Proper Address and Epistemic Conditions for Acting on Sexual Consent.Asbjørn Steglich-Petersen & Lauritz Aastrup Munch - 2023 - Philosophy and Public Affairs 52 (1):69-100.
    Philosophy &Public Affairs, Volume 52, Issue 1, Page 69-100, Winter 2024.
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  16. Deceiving Someone into Having Sex.Shirah Theron - 2023 - Stellenbosch Socratic Journal 3:35-46.
    This paper aims to provide an in-depth examination of the fundamental elements of rape, specifically focusing on intention and consent, within the context of “deceiving someone into having sex”. The analysis will involve exploring model cases and scrutinising the intentions of both the deceiver and the deceived in relation to consent. Through conceptual analysis, the concept of “deceiving someone into having sex” will be clarified, drawing insights from typical applications of this concept. Additionally, this paper will critically evaluate the main (...)
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  17. Qualities of Consent: An enactive approach to making better sense.Basil Vassilicos & Marek McGann - 2023 - Phenomenology and the Cognitive Sciences:1-23.
    Philosophical work on the concept of consent in the past few decades has got to grips with it as a rich notion. We are increasingly sensitive to consent not as a momentary, atomic, transactional thing, but as a complex idea admitting of various qualities and dimensions. In this paper we note that the recognition of this complexity demands a theoretical framework quite different to those presently extant, and we suggest that the enactive approach is one which offers significant value in (...)
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  18. A Phenomenological Approach to Sexual Consent.Ellie Anderson - 2022 - Feminist Philosophy Quarterly 8 (2).
    Rather than as a giving of permission to someone to transgress one’s bodily boundaries, I argue for defining sexual consent as feeling-with one’s sexual partner. Dominant approaches to consent within feminist philosophy have failed to capture the intercorporeal character of erotic consciousness by treating it as a form of giving permission, as is evident in the debate between attitudinal and performative theories of consent. Building on the phenomenology of Maurice Merleau-Ponty, Ann Cahill, Linda Martín Alcoff, and others, I argue that (...)
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  19. Sex By Deception.Berit Brogaard - 2022 - In Manuel Vargas & John Doris (eds.), The Oxford Handbook of Moral Psychology. Oxford, U.K.: Oxford University Press. pp. 683-711.
    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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  20. Sober Thoughts on Drunken Consent.Samuel Director - 2022 - Social Theory and Practice 48 (2):235-261.
    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 (...)
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  21. Social constraints on sexual consent.Tom Dougherty - 2022 - Politics, Philosophy and Economics 21 (4):393-414.
    Politics, Philosophy & Economics, Volume 21, Issue 4, Page 393-414, November 2022. Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the “Constraint Principle.” According to this principle, someone's consent to a sexual (...)
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  22. Scope of Consent, by Tom Dougherty. [REVIEW]Jonathan Ichikawa - 2022 - Mind:fzac054.
    Consent, on a standard theoretical framework, is a way of giving permission or waiving a right. Dougherty’s book is about the ‘scope’ of consent: which acts are permitted by a given act of consent? Along the way, Dougherty offers a view about what consent consists in and why it does its morally transformative work. The book is an exemplar of careful analytic philosophy. Philosophers working on consent in that tradition will find it essential reading. Following are more specific reactions that (...)
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  23. Green Light Ethics: A Theory of Permissive Consent and Its Moral Metaphysics.Hallie Liberto - 2022 - Oxford: Oxford University Press.
    This book is about permissive consent--the moral tool we use to give another person permission to do what would otherwise be forbidden. For instance, consent to enter my home gives you permission to do what would otherwise be trespass. This transformation is the very thing that philosophersidentify as consent--which is why we call it a normative power. It is something individuals can do, by choice, to change the moral or legal world. But what human acts or attitudes render consent? When (...)
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  24. Sexual Autonomy and Sexual Consent.Shaun Miller - 2022 - In David Boonin (ed.), The Palgrave Handbook of Sexual Ethics. London: Palgrave Macmillan. pp. 247-270.
    Miller analyzes the relationship between consent and autonomy by offering three pictures. For autonomy, Miller distinguishes between procedural, substantive, and weak substantive autonomy. The corresponding views of consent are what Miller has termed as consensual minimalism, consensual idealism, and consensual realism. The requirements of sexual consent under consensual minimalism are a voluntary informed agreement. However, feminist critiques reveal the inadequacies of this simple position. Consensual idealism, which corresponds with substantive autonomy, offers a robust picture where consent and autonomy must be (...)
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  25. Non-Consensuality Pathologised: Analysing Non-Consensuality as a Determiner for Paraphilic Disorders (2nd edition).Shirah Theron - 2022 - Stellenbosch Socratic Journal 2:1-11.
    The fifth text-revised iteration of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR) defines paraphilia as “any intense and persistent sexual interest other than sexual interest in genital stimulation or preparatory fondling with phenotypically normal, physically mature, consenting human partners”. Paraphilic disorders specifically denote a paraphilia that is “currently causing distress or impairment to the individual or a paraphilia whose satisfaction has entailed personal harm, or risk of harm, to others”. A diagnosis of paraphilic disorder either demands the personal (...)
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  26. Bad Sex and Consent.Elise Woodard - 2022 - In David Boonin (ed.), Handbook of Sexual Ethics. Palgrave. pp. 301--324.
    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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  27. La Conversation des sexes: Philosophie du consentement.Manon Garcia - 2021 - 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 (...)
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  28. Part Seven : Epistemology and Sexual Consent. Epistemic Responsibility in Sexual Coercion and Self-Defense Law / Hallie Liberto ; Sexual Consent and Epistemic Agency / Jennifer Lackey ; The Epistemology of Consent.Alexander A. Guerrero - 2021 - In Jennifer Lackey (ed.), Applied Epistemology. Oxford University Press.
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  29. A Nonideal Theory of Sexual Consent.Quill R. Kukla - 2021 - Ethics 131 (2):270-292.
    Our autonomy can be compromised by limitations in our capacities, or by the power relationships within which we are embedded. If we insist that real consent requires full autonomy, then virtually no sex will turn out to be consensual. I argue that under conditions of compromised autonomy, consent must be socially and interpersonally scaffolded. To understand consent as an ethically crucial but nonideal concept, we need to think about how it is related to other requirements for ethical sex, such as (...)
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  30. Elusive Consent.Alexandra Lloyd - 2021 - Public Affairs Quarterly 34.
    Deception, like coercion, can invalidate the moral force of consent. In the sexual domain, when someone is deceived about some feature of their partner, knowledge of which would be dispositive of their decision to have sex – a dealbreaker – the moral validity of their consent is undermined. I argue that in order to determine whether someone has discharged their duties of disclosure in the sexual domain, we should ask whether, upon receiving a token of consent to sex, they have (...)
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  31. Sexual Consent and Lying About One’s Self.Jennifer Matey - 2021 - 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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  32. ‘Half Victim, Half Accomplice’: Cat Person and Narcissism.Filipa Melo Lopes - 2021 - Ergo: An Open Access Journal of Philosophy 7:701-729.
    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 (...)
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  33. Not What I Agreed To: Content and Consent.Emily C. R. Tilton & Jonathan 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 (...)
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  34. "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 (...)
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  35. 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 (...)
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  36. 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 (...)
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  37. 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 (...)
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  38. 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 (...)
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  39. Gelungener Sex.Almut Kristine V. Wedelstaedt - 2020 - Zeitschrift für Praktische Philosophie 7 (1):103-132.
    What is good sex? This question can be evaluated in multiple dimensions, the moral dimension being only one of them. My main thesis in this paper is that a criterion for good sex is whether the participants are on a par with each other. This can be understood as a moral ideal. In order to make this argument, I first explain what is meant by “sex”. This is, on the one hand, to delineate clearly which phenome-na are included in the (...)
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  40. Law, violence, and sexual consent.Latika Vashist - 2020 - In Latika Vashist & Jyoti Dogra Sood (eds.), Rethinking law and violence. New Delhi: Oxford University Press.
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  41. Agency, Responsibility, and the Limits of Sexual Consent.Caleb Ward - 2020 - Dissertation, State University of New York, Stony Brook
    In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...)
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  42. 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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  43. 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 (...)
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  44. The Paradox of Consent.Stephen Kershnar - 2019 - International Journal of Applied Philosophy 33 (2):305-318.
    If consent is valid (that is, morally transformative), then in every case it is either valid or invalid. This is because of the notion that (when valid) 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, (...)
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  45. 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 (...)
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  46. '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 (...)
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  47. Sexual consent. [REVIEW]David Archard - 2018 - In Peter Schaber & Andreas Müller (eds.), The Routledge Handbook of the Ethics of Consent. Routledge. pp. 643-644.
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  48. Affirmative Consent and Due Diligence.Tom Dougherty - 2018 - Philosophy and Public Affairs 46 (1):90-112.
  49. The Routledge Handbook of the Ethics of Consent.Peter Schaber & Andreas Müller (eds.) - 2018 - New York, NY: 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 (...)
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  50. 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 (...)
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