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Consenting Under Third-Party Coercion.

Authors :
Kiener, Maximilian
Source :
Journal of Moral Philosophy. 2022, Vol. 19 Issue 4, p361-389. 29p.
Publication Year :
2022

Abstract

This paper focuses on consent and third-party coercion, viz. cases in which a person consents to another person performing a certain act because a third party coerced her into doing so. I argue that, in these cases, the validity of consent depends on the behavior of the recipient of consent rather than the third party's coercion taken separately, and I will specify the conditions under which consent is invalid. My view, which is a novel version of what I call a Recipient-Focus-View , holds that coercion invalidates consent only if consent was 'obtained by' coercion, but not if consent was 'merely motivated by' coercion. I explain and support my view on the basis that it best reconciles an unnoticed tension between two fundamental principles in the debate on consent (which I call the Coercion Principle and the Permissibility Principle) and that it can deal with cases that undermine other Recipient-Focus-Views. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
17404681
Volume :
19
Issue :
4
Database :
Academic Search Index
Journal :
Journal of Moral Philosophy
Publication Type :
Academic Journal
Accession number :
159380364
Full Text :
https://doi.org/10.1163/17455243-20213548