Honoring a living will typically involves treating an incompetent patient in accord with preferences she once had, but whose objects she can no longer understand. How do we respect her precedent autonomy by giving her what she used to want? There is a similar problem with subsequent consent: How can we justify interfering with someone''s autonomy on the grounds that she will later consent to the interference, if she refuses now?Both problems arise on the assumption that, to respect someone''s autonomy, (...) any preferences we respect must be among that person''s current preferences. I argue that this is not always true. Just as we can celebrate an event long after it happens, so can we respect someone''s wishes long before or after she has that wish. In the contexts of precedent autonomy and subsequent consent, the wishes are often preferences about which of two other, conflicting preferences to satisfy. When someone has two conflicting preferences, and a third preference on how to resolve that conflict, to respect his autonomy we must respect that third preference. People with declining competence may have a resolution preference earlier, favoring the earlier conflicting preference (precedent autonomy), whereas those with rising competence may have it later, favoring the later conflicting preference (subsequent consent). To respect autonomy in such cases we must respect not a current, but a former or later preference. (shrink)

Subsequent consent can be morally efficacious. First, it licenses nostalgia and dismissiveness no more than its prior cousin does. Second, it's coherent because linked to the mental state of not minding. Third, it's just as vulnerable to bilking as prior consent is, as is clear once we distinguish between basing moral assessments on expectations versus on actual outcomes. Fourth, mind control is illegitimate because it short circuits the subject's will, not because its consent is subsequent. Finally, our intuitions about rape (...) show that dissent sometimes outweighs consent in matters of sex, not that subsequent consent is always inefficacious. (shrink)

I begin my analysis of consent by agreeing with Professor Hurd that consent functions as a “moral transformative” by altering the obligations and permissions that determine the Tightness of others' actions. I further agree with her that consent is intimately related to the capacity for autonomous action; one who cannot alter others' obligations through consent is not fully autonomous. I cannot improve on her elaboration of these points.

When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent (...) to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'. (shrink)

Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...) that most of us will find very disturbing. (shrink)

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

The paper has two parts: First, I describe a relatively popular thesis in the philosophy of propositional attitudes, worthy of the name ‘taking tense seriously’; and I distinguish it from a family of views in the metaphysics of time, namely, the A-theories (or what are sometimes called ‘tensed theories of time’). Once the distinction is in focus, a skeptical worry arises. Some A-theorists maintain that the difference between past, present, and future, is to be drawn in terms of what exists: (...) growing-block theorists eschew ontological commitment to future entities; presentists, to future and past entities. Others think of themselves as A-theorists but exclude no past or future things from their ontology. The metaphysical skeptic suspects that their attempt to articulate an ‘eternalist’ version of the A-theory collapses into merely ‘taking tense seriously’– a thesis that does not imply the A-theory. The second half of the paper is the search for a stable eternalist A-theory. It includes discussion of temporary intrinsics, temporal parts, and truth. (shrink)

Some philosophers believe that appeals to promoting or maximizing good consequences are a suspect way of attempting to justify coercive interference with another person's actions. Suppose that is true. If there is a presumption that individuals have a right not to be coercively interfered with, then, foregoing utilitarian type appeals, it would seem that the only way to justify coercive interference of a paternalistic sort would be to show that under certain conditions the presumption fails.

Some philosophers believe that appeals to promoting or maximizing good consequences are a suspect way of attempting to justify coercive interference with another person's actions. Suppose that is true. If there is a presumption that individuals have a right not to be coercively interfered with, then, foregoing utilitarian type appeals, it would seem that the only way to justify coercive interference of a paternalistic sort would be to show that under certain conditions the presumption fails.

We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do (...) so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of others. (shrink)

I take as my starting point the “one very simple principle” proclaimed by Mill in On Liberty … “That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. He cannot rightfully be compelled to do (...) or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right.”. (shrink)

Richard Holton provides a unified account of intention, choice, weakness of will, strength of will, temptation, addiction, and freedom of the will. Drawing on recent psychological research, he argues that, rather than being the pinnacle of rationality, the central components of the will are there to compensate for our inability to make or maintain sound judgments. Choice is understood as the capacity to form intentions even in the absence of judgments of what action is best. Weakness of will is understood (...) as the failure to maintain an intention, or more specifically, a resolution, in the face of temptation--where temptation typically involves a shift in judgment as to what is best, or in the case of addiction, a disconnection between what is judged best and what is desired. Strength of will is the corresponding ability to maintain a resolution, an ability that requires the employment of a particular faculty or skill. Finally, the experience of freedom of the will is traced to the experiences of forming intentions, and of maintaining resolutions, both of which require effortful activity from the agent. (shrink)

When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent (...) to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'. (shrink)