A normative power is a power to alter rights and duties directly. This paper explores what it means to alter rights and duties directly. In the light of that, it examines the kind of argument that might support the existence of normative powers. Both simple and complex instrumentalist accounts of such powers are rejected, as is an approach to normative powers that is based on the existence of normative interests. An alternative is sketched, where normative powers arise based on the (...) appropriateness of a person responding to a decision by limiting their freedom. (shrink)

Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call this (...) the ratification theory of uptake. Several philosophers have recently endorsed an alternative theory of uptake, according to which the hearer can determine the nature of the act the speaker performs. According to this theory, if the hearer regards an utterance as illocutionary act y, then it is act y, even if the speaker intended to perform act x. Call this the constitution theory of uptake. The purported advantage of this theory is that it identifies a common but underanalysed way in which speakers can be silenced. I argue that despite its initial intuitive pull, the constitution theory of uptake should be rejected. It is incompatible with ordinary intuitions about speech, it entails a conceptual impossibility, and it has unsavoury political implications, entailing that marginalised speakers barely qualify as agents. (shrink)

In this paper, I answer the following question: suppose that two individuals, C and D, have been in a long-term committed relationship, and D now has dementia, while C is competent; if D agrees to have sex with C, is it permissible for C to have sex with D? Ultimately, I defend the view that, under certain conditions, D can give valid consent to sex with C, rendering sex between them permissible. Specifically, I argue there is compelling reason to endorse (...) the following thesis: -/- Prior Consent Thesis: D, when competent, can give valid prior consent to sex with her competent partner (C) that will take place after she has dementia, assuming that D is the same person as she was when she gave prior consent, meaning that, if D, when competent, gave prior consent to sex with C, then C may permissibly have sex with D. In section I, I explain both the background and the existing literature on this issue. In section II, I outline relevant stipulations about the kinds of cases I will be examining. In section III, I defend the Prior Consent Thesis. And, in section IV, I address objections to the Prior Consent Thesis. (shrink)

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 (...) taken as consent- communicating. (shrink)

This article offers a functionalist account of trust. It argues that a particular form of trust—Communicated Interpersonal Trust—is paradigmatic and lays out how trust as a social practice in this form helps to satisfy fundamental practical, deliberative, and relational human needs in mutually reinforcing ways. We then argue that derivative (non-paradigmatic) forms of trust connect to the paradigm by generating a positive dynamic between trustor and trustee that is geared towards the realization of these functions. We call this trust’s proleptic (...) potential. Our functionalist approach does not only provide important insights into the practice of trust and its place in the broader web of social life, but also illuminates existing philosophical debates. First, pointing out how opposing theoretical accounts of trust each capitalise on only one of its functions, our paradigm-based approach reveals why they each contain a kernel of truth but are also deficient: the optimal realization of each function is tied to the existence of the other functions as well. Second, we show how a functionalist re-orientation can illuminate two recent disputes regarding (i) the question whether trust is explanatorily two- or three-place and (ii) whether (and to what extent) we can decide to trust others. (shrink)