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 (...) violated, we nonetheless regard those cases as instances of autonomy. Therefore, autonomy does not necessarily require endorsement. Instead, I propose that the nature of the relevant highest-order volition dictates the procedure that should be established in one’s desire structure for its fulfillment. In the second part, I discuss how an agent may effectively consent to the violation of their decision by another person. Ordinary consent typically refers to actions but fails to communicate one's higher-order desires or commitments. To address this limitation, I propose a practical tool that accomplishes this by signaling shifts in the normative context where the agents are interacting. (shrink)

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 (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical (...) central role in contemporary sexual ethics. But this does not mean that nonconsensual sex can be morally permissible. Consent language, I’ll suggest, carries the conventional presupposition that that which is or might be consented to is at someone else’s behest. One implication will be a new kind of support for feminist critiques of consent theory in sexual ethics. (shrink)

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, (...) to give permission to someone else to do something that it would be wrong for them to do without your permission. The novelty lies in seeing consent as an act of commitment in those two dimensions and in seeing those as commitments that persist until and unless undone by an act of a similar sort. (shrink)

With increased visibility of trans people comes increased philosophical interest in gendered language. This chapter aims to look at the research on gendered language in analytic philosophy of language so far, which has focused on two concerns: (1) determining how to define gender terms like ‘man’ and ‘woman’ such that they are trans inclusive and (2) if, or to what extent, we should use gendered language at all. We argue that the literature has focused too heavily on how gendered language (...) can harm trans people, and has not considered how trans people use gendered language to create meaning and joy for ourselves. Pulling from the literature in sociolinguistics, we look at examples of how trans people use language to make their lives better by gaining recognition, playing with gendered language, finding joy in gendered language, and taking control of definitional power, concluding that debates about gendered language need to consider not only how such language harms trans people but also how trans people use it for our own liberation. (shrink)

Sex. Die meisten von uns haben ihn. Mal schlecht, mal gut, manchmal phänomenal. Die wenigsten denken lange drüber nach. Oder reden offen drüber. Dabei ist gar nicht so klar, was Sex eigentlich gut macht. Und wann ist Sex schlecht? Oder nicht nur schlecht, sondern sogar moralisch problematisch? Hilkje Hänel zeigt, dass es gar nicht so einfach ist, zwischen (moralisch) problematischem Sex und gutem Sex klar zu unterscheiden und dass es dabei häufig vor allem auf den Kontext und unsere Kommunikation ankommt. (...) Auf der Basis aktueller Wissenschaft und medialer Bewegungen wie #MeToo verteidigt Hänel ihre Ansichten gegen die wichtigsten Einwände und argumentiert für mehr Respekt im Bett. (shrink)

Greater public awareness of the occurrence of sexual assault has led to the creation of mobile phone apps designed to facilitate consent between sexual partners. These apps exhibit serious practical shortcomings in realistic contexts; however, in this paper I consider the hypothetical case in which these practical shortcomings are absent. The prospect of this viable consent app creates an interesting challenge for consequentialism – one that is comparable to the objection that the theory justifies killing innocent persons to prevent large (...) numbers of less serious harms like experiencing brief, painful headaches. I outline and reject the most straightforward way for consequentialists to address this challenge, and I argue that the empirical calculations at stake reveal something rarely appreciated: consequentialists ought to sometimes favour reinforcing deontological constraints in common-sense morality rather than seeking to undermine them. (shrink)

This paper defends the epistemic account of the normativity of requests. The epistemic account says that a request does not create any reasons and thus does not have any special normative power. Rather, a request gives reasons by revealing information which is normatively relevant. I argue that compared to competing accounts of request normativity, especially those of David Enoch and James H.P. Lewis, the epistemic account gives better answers to cases of insincere requests, is simpler, and does a better job (...) incorporating the importance of relationships. I also defend the epistemic account from three objections: that requests are important because they constitute consent, that requests and wishes must be normatively different, and that some requests do not provide any new information. (shrink)

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 (...) definition for the purposes of this argument. It is, on the other hand, to repel the problematic image of sex as something exclusively physical. In a second step I will address the issue of consent. Consent is, in my view, a minimal condition for the moral quality of sexual activities. It is only when consent is given by all participants that sexual activity is legitimized. Of course many related questions arise in this context, but without consent, we cannot speak of the moral quality of sexual activities at all. But why is consent so important? It is important to protect people. The protection is more successful if we take into account the attitude with which people engage with each other sexually. Sexual activities where people are on a par with each other are morally better than those where people are not. Being on par means that each participant’s desires and wishes are respected equally. I develop this thesis further by engaging with different objections. If we set out to question whether a sexual activity is morally good, we will also have to answer the question whether the participants who are engaged in this activity are on a par with each other. (shrink)

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 (...) white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints. (shrink)

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 (...) while being engrossed in the category of the experiential ‘body’. (shrink)

This paper formulates a response to standard accounts of Kantian sexual morality, by first clarifying why sex should be understood as a case of using a person as a thing, rather than merely as a means. The author argues that Kant’s remedy to this problem is not sexual consent, but a model of setting and sharing sexual ends. Kant’s account of sexual morality, read in this way, is a critical framework for contemporary moves to think beyond consent, and to grapple (...) with concerns about sexual violation and “bad sex” that have gained uptake in the wake of the MeToo movement. The author defends an account of sex as a process of setting and sharing sexual ends in a Kantian key, which provides us with resources for thinking about the robust ongoing project of making our sexual selves in nonideal conditions, as well as for identifying the wrongs of both “bad” sex and sexual harassment. In doing so, they offer a critical middle ground between contemporary accounts of sexual morality that center questions of individual agency or autonomy, and those that foreground the intersubjective nature of sex. (shrink)

Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.

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 (...) the ability to exit a situation, trust, safety, broader social support, epistemic standing in the community, and more. (shrink)

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 (...) will, I hope, convey a more specific sense of the book, and also engage and critique it and the tradition it exemplifies. (shrink)

Accounts of sexual experience, sexual oppression, and sexual violation, if they are not to lend support to the problems they are invoked to address, require the foundation of a phenomenological description of the character of experience. Relying on Maurice Merleau-Ponty, I aim to provide this foundation, arguing that sexual experience is a domain not of detached, individual autonomy but of intrinsic susceptibility and exposure to the world. My description of sexual experience is intended to reveal the immanent norms that sexuality (...) projects and thereby to critique ways of inhabiting experience that disavow what is revealed in that description. The first section discerns three ambiguities that characterize our experience in Merleau-Ponty's notion of “flesh”: that between materiality and meaning, self and others, and self and world. The second section offers a phenomenology of sexual experience based on these ambiguities. The third section, on sexual oppression and suppression, identifies two stereotypical ways in which they are evaded: what I call the stances of “withdrawal from” and “control of” sexuality as flesh. Finally, the fourth section reveals the shortcomings of the legal-juridical domain in navigating our status as flesh, and warns against the proliferation of its terms, specifically the norm of consent. (shrink)

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 (...) ‘no’ as a speech act of consent under some conditions, but that this does not prevent us from judging that an addressee committed rape. Second, we claim that addressee uptake is not the only form of uptake that matters—the uptake of other members of the discursive community matters too, and can override the addressee’s uptake, constituting the speaker’s utterance as the speech act it was intended to be. (shrink)

Just as math and history classes aim to prepare students to do math and history well, sex education must prepare students to participate in good sex that contributes to their overall flourishing. I reject David Archard’s autonomy-centered view of sex education because it fails to address deeply ingrained social inequalities. I deny Paula McAvoy’s mutuality-centered view of sex education because mutuality and consent are not sufficient for good sex. I draw on Quil Kukla’s work on sexual negotiation and claim that (...) for sex to be good, we must engage in communicative sex that goes beyond consent. Therefore, sex education should not only instruct students how to avoid bad sex, but also enable students to participate in good sex that contributes to their overall flourishing. (shrink)

This article sheds light upon the role of the audience in the construction and amendment of populist representative claims that in themselves strengthen representative-represented relationships and simultaneously strengthen ties between the represented who belong to different constituencies. I argue that changes in populist representative claims can be explained by studying the discursive relationship between a populist representative and the audience as a conversation in which both poles give and receive something. From this perspective, populist representative claims, I also argue, can (...) be understood as acts of bonding with the intended effect of constituting ‘the people,’ and inputs from the audience can be seen as conversational exercitives. Populist appeals therefore may change when the audience enacts new permissibility facts and signals to populist representatives that there is another way to strengthen relationships between several individuals belonging to otherwise-different constituencies. (shrink)

In their well-known paper, John Gardner and Stephen Shute (2000) propose a pure case of rape, in which a woman is raped while unconscious and the rape, for a variety of stipulated reasons, never comes to light. This makes the pure case a harmless case of rape, or so they argue. In this paper I show that their argument hinges on an outdated conception of trauma, one which conflates evaluative responses that arise in the aftermath of rape with the non-deliberative (...) somatic responses of a central nervous system to a threatening event. In the first part of this paper, I elaborate this objection by drawing on the neurobiological model of trauma. This gives me an opportunity to illustrate the different ways that rape harms its victims, including the central way, what I call ‘threat-circuitry harm.’ This discussion of trauma invites us to rethink the wrong of rape, and sets the groundwork for my argument, in the second part of the paper, that the wrong of rape consists in its central harm. (shrink)

Cancer screening programmes cause harm to individuals via overdiagnosis and overtreatment, even where they confer population-level benefit. Screening thus appears to violate the principle of non-maleficence, since it entails medically unnecessary harm to individuals. Can consent to screening programmes negate the moral significance of this harm? In therapeutic medical contexts, consent is used as a means of rendering medical harm morally permissible. However, in this paper, I argue that it is unclear that the model of consent used within therapeutic medicine (...) can be applied unproblematically to preventive medicine. Invitation to screening changes the pragmatic norms and expectations of the patient–doctor encounter such that two key principles of consent may be violated. First, the pragmatics of a medical invitation are such that patients may fail to be adequately informed, since patients appear to assume medical invitations are made with their best interests in mind, even where information to the contrary is outlined. Second, screening invitations may place pressure on patients; in the context of a medical encounter, to make an invitation to screening may constitute an inducement to accept. In order to be sure that a patient’s consent to a screening invitation is valid, we must make clear to patients that their decision to accept screening may be shaped not only by how information about screening is presented, but by the pragmatic form of the invitation itself. (shrink)

Some philosophical and psychological approaches to social interaction posit a powerful explanatory tool for explaining how we navigate social situations: scripts. Scripts tell people how to interact in different situational and cultural contexts depending on social roles such as gender. A script theory of social interaction puts emphasis on understanding the world as normatively structured. Social structures place demands, roles, and ways to behave in the social world upon us, which, in turn, guide the ways we interact with one another (...) and the ways we coordinate our behaviors. In this paper, I explore the phenomenon of coordinated behaviors in social interactions in humans. I argue that looking closely at everyday interactions, for which social coordination is central, strongly points to a fundamental role of scripts for social cognition and interaction. In order to explain some social interactions, like those based on social coordination, we do not need to recourse to mental state attribution. Rather, I argue, scripts are a powerful resource for explaining social interaction and especially coordinated behaviors. Scripts have been neglected in standard approaches to social cognition but are (re-)gaining attention via the normative turn in social cognition. (shrink)

Much of modern ethics is built around the idea that we should respect one another’s autonomy. Here, “we” are typically imagined to be adult human beings of sound mind, where the soundness of our mind is measured against what we take to be the typical mental capacities of a neurodevelopmentally “normal” person—perhaps in their mid-thirties or forties. When deciding about what constitutes ethical sex, for example, our dominant models hold that ethical sex is whatever is consented to, while a lack (...) of consent makes sex wrong.1 Consent, in turn, is analysed in terms of autonomous decision-making: a “yes” or “no” that reflects the free and informed will of our idealised, sound-minded adult. Whether such models provide adequate normative guidance for ethical, much less good, sex between neurotypical human adults is an open question.2 3 When it comes to the ethics of sexual activity between humans and non-humans—robots, say—or between humans who don’t fit the rational stereotype, we hardly know where to begin.4–7 It is therefore heartening to see a number of papers in this issue tackling the difficult question how to respectfully facilitate or respond to the needs, desires, and decisions of people with different kinds or degrees of autonomy.8 For example, Sumytra Menon and colleagues9 explicitly discuss the notion of “borderline capacity” and argue, in the medical domain, for shared and supportive decision-making practices to “foster the autonomy of patients with compromised mental capacity while being mindful of the need to safeguard their well-being.” Touching on a similar theme, Zahra Ladan 10 asks how we should conceive of liberty in the case of persons with certain inborn physical or mental limitations. Might it sometimes be necessary to …. (shrink)

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 (...) encounter lacks justificatory force if they are consenting because withholding consent has an adverse feature, they are entitled to withhold consent without it being the case that withholding consent has this adverse feature; and it is not the case that the consent-giver has sincerely expressed that, out of the options that are available to their sexual partner, they most prefer to go through with the sexual encounter in the circumstances. (shrink)

To develop a theoretical framework for drawing moral distinctions between instances of sexual misconduct, I defend the “Ameliorative View” of consent, according to which there are three possibilities for what effect, if any, consent has: “fully valid consent” eliminates a wronging, “fully invalid consent” has no normative effect, and “partially valid consent” has an ameliorative effect on a wronging in the respect that it makes the wronging less grave. I motivate the view by proposing a solution to the problem of (...) characterizing the moral effect of consent that is given in response to minor coercion. (shrink)

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 (...) do to those uttered in nonsexual contexts. Finally, I propose an amendment to the definition of affirmative consent that would put it in line with the conclusions drawn in the rest of the paper. (shrink)

Anti-pornography feminists have famously argued that pornography silences women: specifically, pornography causes women to be illocutionarily disabled in some real-life sexual contexts so that they are unable to refuse sex by saying ‘no’. Call this view Silencing. Some philosophers object to Silencing because it seems to entail that, in some cases, a rapist’s blameworthiness is significantly diminished. If the woman cannot refuse sex by saying ‘no’, and this allows the man’s belief, that she consents, to be rational, then the man’s (...) blameworthiness for rape is significantly diminished. The objection is that something must be wrong with a view like Silencing that allows rapists to escape the moral hook when, intuitively, they should not. In this paper, I defend Silencing from this objection by appealing to insights from the literature on moral encroachment in order to argue that it is not rational for the rapist to believe (or accept) that the woman consents. (shrink)

In recent times, phenomena of conversational asymmetry have become a lively object of study for linguists, philosophers of language and moral philosophers—under various labels: illocutionary disablement and silencing, discursive injustice :440–457, 2014; Lance and Kukla in Ethics 123:456–478, 2013), illocutionary distortion. The common idea is that members of underprivileged groups sometimes have trouble performing particular speech acts that they are entitled to perform: in certain contexts, their performative potential is somehow undermined, and their capacity to do things with words is (...) distorted or even annulled. In this paper I will assess this idea, focusing on Rebecca Kukla’s and Rae Langton’s accounts; in particular, I will criticize the role the notion of uptake plays in their accounts, and claim that it may ultimately undermine the very idea of discursive injustice. While, according to Kukla and Langton, members of disadvantaged groups are victims of a kind of uptake failure, leading to illocutionary disablement and even silencing, in the account I present they are victims of a kind of communicative disablement. My overall aim is to develop a notion of discursive injustice that is more plausible and more effective for our broader purposes of criticising the structures of power and oppression. (shrink)

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 (...) independently of moral judgments about sexual wrongs. Consequently, if there is as tight a connection between consent and sexual violation as many people think there is, there is good reason to suppose that that connection must ultimately explain consent in terms of sexual wronging, rather than vice versa. The paper highlights some costs and drawbacks to this horn of the Euthyphro dilemma in sexual ethics. One central upshot of the argument will be that mainstream accounts of sexual ethics fail in their explanatory ambitions. Consent cannot play its canonical explanatory role. (shrink)

This chapter presents a positive philosophy of male sexuality: one that is not rooted in so-called toxic masculinity and which is compatible with gender equality. I argue that, for such a sexuality to be possible, respect is the moral baseline. However, the status quo for male sexuality is shaped by white supremacy and heteronormativity. To resist these values, men must do more than merely cross some minimal moral threshold for permissible sex. Rather, they ought to develop a caring character so (...) that they would want to seek out their own and their partner’s (robust) sexual fulfillment. Men ought actively to develop ways to increase pleasure for themselves and their partners. (shrink)

Spanish Translation of "He/She/They/Ze" (Ergo, 2018).