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Fickle consent

Philosophical Studies 167 (1):25-40 (2014)

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  1. Consent as an act of commitment.Robert E. Goodin - 2024 - European Journal of Philosophy 32 (1):194-209.
    Some say that consent is essentially just a state of mind. Others say it is essentially just a communication. Many say it is both. I say it is neither. Instead it is an act, or rather a pair of acts—an internal mental act in the first instance, an external performative act in the second. Each of those acts is an act of commitment, intrapersonally in the first case and interpersonally in the second. The content of the commitment is, familiarly enough, (...)
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  • Ethical Puzzles of Time Travel.Sara Bernstein - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.
    This paper is dedicated to articulating the ethical puzzles that arise from the possibility of time travel. I divide the puzzles into three different categories: permissibility puzzles, obligation puzzles, and conflicts between past and future selves. In each category, I suggest that ethical problems involving time travel are not as dissimilar to parallel “normal” ethical puzzles as one might think.
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  • Permissive consent: a robust reason-changing account.Neil C. Manson - 2016 - Philosophical Studies 173 (12):3317-3334.
    There is an ongoing debate about the “ontology” of consent. Some argue that it is a mental act, some that it is a “hybrid” of a mental act plus behaviour that signifies that act; others argue that consent is a performative, akin to promising or commanding. Here it is argued that all these views are mistaken—though some more so than others. We begin with the question whether a normatively efficacious act of consent can be completed in the mind alone. Standard (...)
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  • The Case for Consent Pluralism.Jessica Keiser - 2022 - Journal of Ethics and Social Philosophy 21 (1).
    A longstanding debate regarding the nature of consent has marked a tri-fold division among philosophical and legal theorists according to whether they take consent to be a type of mental state, a form of behaviour, or some hybrid of the two. Theorists on all sides acknowledge that ordinary language cannot serve as a guide to resolving this ontological question, given the polysemy of the word “consent” in ordinary language. Similar observations have been noted about the function of consent in the (...)
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  • 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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  • Sex: we can’t have it both ways.Ezio Di Nucci - 2019 - Monash Bioethics Review 37 (1-2):38-45.
    I analyse the tension between a plausible liberal view of sex work and the similarly plausible idea that rape and other forms of sexual violence are made morally worse by their sexual nature. I find no conclusive reason to drop the liberal view of sex work, at least as long as the concept of voluntary and informed consent at the core of it is robust enough to account for the realities of prostitution around the world; nor should we abandon the (...)
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  • 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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