When Consent Doesn't Work: A Rights-Based Case for Limits to Consent's Capacity to Legitimise
Abstract Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioeth...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2011
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| In: |
Journal of moral philosophy
Year: 2011, Volume: 8, Issue: 1, Pages: 110-138 |
| Further subjects: | B
Rights
B Paternalism B EXPLOITATION B Consent B Coercion B CORRECTIVE JUSTICE |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Abstract Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information. |
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| ISSN: | 1745-5243 |
| Contains: | Enthalten in: Journal of moral philosophy
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| Persistent identifiers: | DOI: 10.1163/174552411X549417 |