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  1. Agency, Responsibility, and the Limits of Sexual Consent.Caleb Ward - 2020 - Dissertation, State University of New York, Stony Brook
    In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...)
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  • What Makes Requests Normative? The Epistemic Account Defended.Daniel Weltman - 2022 - Ergo: An Open Access Journal of Philosophy 9 (64):1715-43.
    This paper defends the epistemic account of the normativity of requests. The epistemic account says that a request does not create any reasons and thus does not have any special normative power. Rather, a request gives reasons by revealing information which is normatively relevant. I argue that compared to competing accounts of request normativity, especially those of David Enoch and James H.P. Lewis, the epistemic account gives better answers to cases of insincere requests, is simpler, and does a better job (...)
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  • Qualities of Consent: An enactive approach to making better sense.Basil Vassilicos & Marek McGann - 2023 - Phenomenology and the Cognitive Sciences:1-23.
    Philosophical work on the concept of consent in the past few decades has got to grips with it as a rich notion. We are increasingly sensitive to consent not as a momentary, atomic, transactional thing, but as a complex idea admitting of various qualities and dimensions. In this paper we note that the recognition of this complexity demands a theoretical framework quite different to those presently extant, and we suggest that the enactive approach is one which offers significant value in (...)
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  • Elusive Consent.Alexandra Lloyd - 2021 - Public Affairs Quarterly 34.
    Deception, like coercion, can invalidate the moral force of consent. In the sexual domain, when someone is deceived about some feature of their partner, knowledge of which would be dispositive of their decision to have sex – a dealbreaker – the moral validity of their consent is undermined. I argue that in order to determine whether someone has discharged their duties of disclosure in the sexual domain, we should ask whether, upon receiving a token of consent to sex, they have (...)
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  • Rethinking the wrong of rape1.Karyn L. Freedman - 2021 - Philosophical Issues 31 (1):104-127.
    In their well-known paper, John Gardner and Stephen Shute (2000) propose a pure case of rape, in which a woman is raped while unconscious and the rape, for a variety of stipulated reasons, never comes to light. This makes the pure case a harmless case of rape, or so they argue. In this paper I show that their argument hinges on an outdated conception of trauma, one which conflates evaluative responses that arise in the aftermath of rape with the non-deliberative (...)
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  • Conditional Consent.Karamvir Chadha - 2021 - Law and Philosophy 40 (3):335-359.
    There are two distinct ways for someone to place conditions on their morally valid consent. The first is to place conditions on the moral scope of their consent—whereby they waive some moral claim rights but not others. The second is to conditionally token consent—whereby the condition affects whether they waive any moral claim rights at all. Understanding this distinction helps make progress with debates about so-called “conditional consent” to sexual intercourse in English law, and with understanding how individuals place conditions (...)
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  • Sober Thoughts on Drunken Consent.Samuel Director - 2022 - Social Theory and Practice 48 (2):235-261.
    Drunken sex is common. Despite how common drunken sex is, we think very uncritically about it. In this paper, I want to examine whether drunk individuals can consent to sex. Specifically, I answer this question: suppose that an individual, D, who is drunk but can still engage in reasoning and communication, agrees to have sex with a sober individual, S; is D’s consent to sex with S morally valid? I will argue that, within a certain range of intoxication, an individual (...)
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  • Bad Sex and Consent.Elise Woodard - 2022 - In David Boonin (ed.), Handbook of Sexual Ethics. Palgrave. pp. 301--324.
    It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...)
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  • Consent to sexual interactions.Japa Pallikkathayil - 2020 - Politics, Philosophy and Economics 19 (2):107-127.
    The way in which consent to sexual interactions is understood in the US is undergoing a transformation. Many universities, sometimes at the behest of lawmakers, are moving to adopt ‘affirmative consent’ policies, which define consent in terms of affirmative behavior that goes beyond mere silence or lack of resistance. Although these policies are a move in the right direction, I argue that their content has not been properly understood. In particular, the circumstances in which nonverbal behavior may communicate consent are (...)
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  • Moral Risk and Communicating Consent.Renée Bolinger - 2019 - Philosophy and Public Affairs 47 (2):179-207.
    In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...)
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  • Teaching good sex: The limits of consent and the role of the virtues.David Archard - 2022 - Journal of Philosophy of Education 56 (5):645-653.
    I offer an account of sexual ethics, and thus of an education in sexual morality, that tries to make some sense of how a view of consent as central to those ethics might be combined with an education in certain virtues. I do so by exploring what some see as the shortcomings of a standard of consent, namely, how it can deal with instances of prima facie bad sex. I consider and reject various attempts to show that consensuality is sufficient (...)
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  • Mutuality in Sexual Relationships: a Standard of Ethical Sex?Sharon Lamb, Sam Gable & Doret de Ruyter - 2021 - Ethical Theory and Moral Practice 24 (1):271-284.
    In this paper we challenge the idea that valid consent is the golden standard by which a sexual encounter is deemed ethical. We begin by reviewing the recent public focus on consent as an ethical standard, and then argue for a standard that goes beyond legalistic and contractual foci. This is the standard of mutuality which extends beyond the assurance that all parties engaging in a sexual encounter are informed, autonomous, and otherwise capable of making a valid choice: one must (...)
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  • Sex and Sexuality.Raja Halwani - 2018 - Stanford Encyclopedia of Philosophy.
    This is a detailed encyclopedia entry on sex and sexuality, explaining the main issues and debates in philosophy about them.
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  • Would a Viable Consent App Create Headaches for Consequentialists?Scott Woodcock - 2024 - Philosophy 99 (1):73-98.
    Greater public awareness of the occurrence of sexual assault has led to the creation of mobile phone apps designed to facilitate consent between sexual partners. These apps exhibit serious practical shortcomings in realistic contexts; however, in this paper I consider the hypothetical case in which these practical shortcomings are absent. The prospect of this viable consent app creates an interesting challenge for consequentialism – one that is comparable to the objection that the theory justifies killing innocent persons to prevent large (...)
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  • The Case for Consent Pluralism.Jessica Keiser - 2022 - Journal of Ethics and Social Philosophy 21 (1).
    A longstanding debate regarding the nature of consent has marked a tri-fold division among philosophical and legal theorists according to whether they take consent to be a type of mental state, a form of behaviour, or some hybrid of the two. Theorists on all sides acknowledge that ordinary language cannot serve as a guide to resolving this ontological question, given the polysemy of the word “consent” in ordinary language. Similar observations have been noted about the function of consent in the (...)
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  • In defence of mutuality as an ethical standard in sexual relationships: A Reply to Michael Hand and Michael Reiss.Sharon Lamb & Samuel Gable - 2022 - Journal of Philosophy of Education 56 (5):695–706.
    Our 2021 article in Ethical Theory and Moral Practice argued that mutuality, defined as ‘loving attention’ towards a sexual partner, should be a moral standard for ethical sex. We specified that this loving attention should occur in the form of attempting to know what could be knowable about the other person and taking a ‘thick’ view of the other in their particular social and psychological contexts. We contrasted this orientation with the comparatively ‘thin’ view of people from a rights-based ethical (...)
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