How permissive consent works

Ratio 33 (2):117-124 (2020)
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Abstract

Consent that is voluntary, informed and given by a competent person sometimes transforms a wrong into a right act. How does consent that meets these requirements change the moral property of an act, namely that of being a wronging of a person? This is the question this paper will deal with. Some authors argue that valid consent changes the moral property of an act by changing the reasons which speak against the act. This account of the normative force of consent will be critically examined and rejected. An alternative model will then be put forward and defended according to which consent changes the moral property of an act if and only if the wrong‐making property of the act is that it is not consented to. The upshot will be that consent does not eliminate the wrong‐making property if the unconsented act is wrong for other reasons than not being consented to.

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Peter Schaber
University of Zürich

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References found in this work

Yes Means Yes: Consent as Communication.Tom Dougherty - 2015 - Philosophy and Public Affairs 43 (3):224-253.
The Moral Magic of Consent: Heidi M. Hurd.Heidi M. Hurd - 1996 - Legal Theory 2 (2):121-146.
The Ontology of Consent.Larry Alexander - 2014 - Analytic Philosophy 55 (1):102-113.
Permissive consent: a robust reason-changing account.Neil C. Manson - 2016 - Philosophical Studies 173 (12):3317-3334.

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