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Consenting Under Third-Party Coercion.
- 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]
- Subjects :
- *DURESS (Law)
*CONSENT (Law)
*RESPONSIBILITY
*WILL
*JOINDER of parties
Subjects
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