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  1. 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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  • Affirmative Consent and Due Diligence.Tom Dougherty - 2018 - Philosophy and Public Affairs 46 (1):90-112.
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  • Of Moral Wizardry and Experiential Transformation : A Case for Consent as a Mental State.Philip Södermark - unknown
    In ethics, a highly relevant and divisive topic is that of consent. Many moral dilemmas and ethical forks in the road turn on the question of consent. But how do we differentiate between the consensual and the non-consensual? There is no simple answer to this question and philosophers are quite divided, as they tend to be. Some believe that consent is a mental state whereas others maintain that it is a behavioral expression of some kind. There are others still who (...)
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  • Understanding, Communication, and Consent.Joseph Millum & Danielle Bromwich - 2018 - Ergo: An Open Access Journal of Philosophy 5:45-68.
    Misconceived Consent: Miguel has stage IV lung cancer. He has nearly exhausted his treatment options when his oncologist, Dr. Llewellyn, tells him about an experimental vaccine trial that may boost his immune response to kill cancer cells. Dr. Llewellyn provides Miguel with a consent form that explains why the study is being conducted, what procedures he will undergo, what the various risks and benefits are, alternative sources of treatment, and so forth. She even sits down with him, carefully talks through (...)
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  • Consent Does Not Require Communication: A Reply to Dougherty.Larry Alexander, Heidi Hurd & Peter Westen - 2016 - Law and Philosophy 35 (6):655-660.
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  • Deceiving Someone into Having Sex.Shirah Theron - 2023 - Stellenbosch Socratic Journal 3:35-46.
    This paper aims to provide an in-depth examination of the fundamental elements of rape, specifically focusing on intention and consent, within the context of “deceiving someone into having sex”. The analysis will involve exploring model cases and scrutinising the intentions of both the deceiver and the deceived in relation to consent. Through conceptual analysis, the concept of “deceiving someone into having sex” will be clarified, drawing insights from typical applications of this concept. Additionally, this paper will critically evaluate the main (...)
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  • Non-Consensuality Pathologised: Analysing Non-Consensuality as a Determiner for Paraphilic Disorders (2nd edition).Shirah Theron - 2022 - Stellenbosch Socratic Journal 2:1-11.
    The fifth text-revised iteration of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR) defines paraphilia as “any intense and persistent sexual interest other than sexual interest in genital stimulation or preparatory fondling with phenotypically normal, physically mature, consenting human partners”. Paraphilic disorders specifically denote a paraphilia that is “currently causing distress or impairment to the individual or a paraphilia whose satisfaction has entailed personal harm, or risk of harm, to others”. A diagnosis of paraphilic disorder either demands the personal (...)
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  • Caring for Valid Sexual Consent.Eli Benjamin Israel - forthcoming - Hypatia.
    When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the consent-receiver is capable and willing to act (...)
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  • 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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  • 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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  • Sexual Agency and Sexual Wrongs: A Dilemma for Consent Theory.Melissa Rees & Jonathan Ichikawa - 2024 - Philosophers' Imprint 24 (1):1-23.
    On a version of consent theory that tempts many, predatory sexual relations involving significant power imbalances (e.g. between professors and students, adults and teenagers, or employers and employees) are wrong because they violate consent-centric norms. In particular, the wronged party is said to have been incapable of consenting to the predation, and the sexual wrong is located in the encounter’s nonconsensuality. Although we agree that these are sexual wrongs, we resist the idea that they are always nonconsensual. We argue instead (...)
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  • Taking Responsibility.Paulina Sliwa - 2023 - In Ruth Chang & Amia Srinivasan (eds.), Conversations in Philosophy, Law, and Politics. New York, USA: Oxford University Press.
    What is it to take responsibility for a moral failure? This chapter investigates taking responsibility for wrongdoing. It starts by considering a prominent view in the literature: that to take responsibility for a wrong is to blame oneself for it. Contrary to the self-blame account, it is argued that taking responsibility and self-blame can come apart in various ways. Instead, the normative footprint account is defended. It is suggested that wrongdoing changes the normative landscape in systematic ways: it can create (...)
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  • The pragmatic structure of refusal.Laura Caponetto - 2023 - Synthese 201 (6):1-19.
    This paper sets out to unpack the pragmatic structure of refusal—its illocutionary nature, success conditions, and normative effects. I argue that our ordinary concept of refusal captures a whole family of illocutions, comprising acts such as rejecting, declining, and the like, which share the property of being ‘negative second-turn illocutions’. Only _proper refusals_ (i.e. negative replies to permission requests), I submit, require speaker authority. I construe the ‘refusal family’ as a subclass of the directives-commissives intersection. After defending my view against (...)
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  • The Value of Uptake.Anni Raty - 2024 - Journal of Ethics and Social Philosophy 27 (3).
    Arguments for what consent is often appeal to its functions. For instance, some argue that because consent functions to express the consent-giver’s autonomous control over her normative boundaries, consent must consist in a mental state. In this paper, I argue that consent has an often-overlooked function and that its having this function has consequences for our views of what consent is. I argue that consent has a relationship-shaping function: acts of consent can alter and enable personal relationships. This function grounds (...)
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  • Whose Uptake Matters? Sexual Refusal and the Ethics of Uptake.Rebecca E. Harrison & Kai Tanter - 2024 - Philosophical Quarterly.
    What role does audience uptake play in determining whether a speaker refuses or consents to sex? Proponents of constitution theories of uptake argue that which speech act someone performs is largely determined by their addressee’s uptake. However, this appears to entail a troubling result: a speaker might be made to perform a speech act of sexual consent against her will. In response, we develop a social constitution theory of uptake. We argue that addressee uptake can constitute a speaker’s utterance of (...)
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  • Paternalism and intimate relationships.George Tsai - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. New York: Routledge.
    This paper argues that participation in an intimate relationship can generate additional or stronger reasons for one to act paternalistically toward the intimate. Moreover, participation in such a relationship can also weaken or cancel some of the presumptive reasons of respect one would otherwise have not to interfere. The paper also reflects, more generally, on the nature of intimate relationships, the normative significance of paternalism, and the normative differences between paternalism in larger-scale institutional contexts and paternalism in closer, interpersonal ones. (...)
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  • Value-based accounts of normative powers and the wishful thinking objection.Daniele Bruno - 2022 - Philosophical Studies 179 (11):3211-3231.
    Normative powers like promising allow agents to effect changes to their reasons, permissions and rights by the means of communicative actions whose function is to effect just those changes. An attractive view of the normativity of such powers combines a non-reductive account of their bindingness with a value-based grounding story of why we have them. This value-based view of normative powers however invites a charge of wishful thinking: Is it not bad reasoning to think that we have a given power (...)
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  • Consenting Under Third-Party Coercion.Maximilian Kiener - 2021 - Journal of Moral Philosophy 19 (4):361-389.
    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 (...)
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  • (1 other version)Why does duress undermine consent?Tom Dougherty - 2021 - Noûs 55 (2):317-333.
    In this essay, I discuss why consent is invalidated by duress that involves attaching penalties to someone's refusal to give consent. At the heart of my explanation is the Complaint Principle. This principle specifies that consent is defeasibly invalid when the consent results from someone conditionally imposing a penalty on the consent‐giver's refusal to give the consent, such that the consent‐giver has a legitimate complaint against this imposition focused on how it is affects their incentives for consenting. The Complaint Principle (...)
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  • When do nudges undermine voluntary consent?Maximilian Kiener - 2021 - Philosophical Studies 178 (12):4201-4226.
    The permissibility of nudging in public policy is often assessed in terms of the conditions of transparency, rationality, and easy resistibility. This debate has produced important resources for any ethical inquiry into nudging, but it has also failed to focus sufficiently on a different yet very important question, namely: when do nudges undermine a patient’s voluntary consent to a medical procedure? In this paper, I take on this further question and, more precisely, I ask to which extent the three conditions (...)
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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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  • 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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  • 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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  • Your word against mine: the power of uptake.Lucy McDonald - 2020 - Synthese 199 (1-2):3505-3526.
    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 (...)
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  • On the Supposed Incoherence of Obligations to Oneself.Janis David Schaab - 2021 - Australasian Journal of Philosophy 99 (1):175-189.
    ABSTRACT An influential argument against the possibility of obligations to oneself states that the very notion of such obligations is incoherent: If there were such obligations, we could release ourselves from them; yet releasing oneself from an obligation is impossible. I challenge this argument by arguing against the premise that it is impossible to release oneself from an obligation. I point out that this premise assumes that if it were possible to release oneself from an obligation, it would be impossible (...)
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  • Feeling, Knowledge, Self-Preservation: Audre Lorde’s Oppositional Agency and Some Implications for Ethics.Caleb Ward - 2020 - Journal of the American Philosophical Association 6 (4):463-482.
    Throughout her work, Audre Lorde maintains that her self-preservation in the face of oppression depends on acting from the recognition and valorization of her feelings as a deep source of knowledge. This claim, taken as a portrayal of agency, poses challenges to standard positions in ethics, epistemology, and moral psychology. This article examines the oppositional agency articulated by Lorde’s thought, locating feeling, poetry, and the power she calls “the erotic” within her avowed project of self-preservation. It then explores the implications (...)
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  • Sexual Consent and Lying About One’s Self.Jennifer Matey - 2021 - Philosophy and Phenomenological Research 102 (2):380-400.
    Philosophy and Phenomenological Research, EarlyView. Despite the acknowledgement of the moral significance of consent there is still much work to be done in determining which specific sexual encounters count as unproblematically consensual. This paper focuses on the impact of deception. It takes up the specific case of deception about one's self. It may seem obvious that one ought not to lie to a sexual partner about who one is, but determining which features of oneself are most relevant, as well as (...)
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  • Consent’s dominion: Dementia and prior consent to sexual relations.Samuel Director - 2019 - Bioethics 33 (9):1065-1071.
    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 (...)
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  • (1 other version)Why does duress undermine consent?1.Tom Dougherty - 2019 - Noûs 55 (2):317-333.
    In this essay, I discuss why consent is invalidated by duress that involves attaching penalties to someone's refusal to give consent. At the heart of my explanation is the Complaint Principle. This principle specifies that consent is defeasibly invalid when the consent results from someone conditionally imposing a penalty on the consent‐giver's refusal to give the consent, such that the consent‐giver has a legitimate complaint against this imposition focused on how it is affects their incentives for consenting. The Complaint Principle (...)
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  • Sexual Perversion: A Liberal Account.Jessica Begon - 2019 - Journal of Social Philosophy 50 (3):341-362.
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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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  • Consent, Communication, and Abandonment.Tom Dougherty - 2019 - Law and Philosophy 38 (4):387-405.
    According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that normatively efficacious consent is entirely mental. In previous work, I defended a version of the Behavioral View, according to which normatively efficacious ‘consent always requires public behavior, and this behavior must take the form of communication in the case of high-stakes consent’. In this essay, I respond to two arguments by (...)
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  • Promises.Allen Habib - 2009 - Stanford Encyclopedia of Philosophy.
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  • The Normative Power of Consent and Limits on Research Risks.Aaron Eli Segal & David S. Wendler - 2024 - Ethical Theory and Moral Practice 27 (4).
    Research regulations around the world do not impose any limits on the risks to which consenting adults may be exposed. Nonetheless, most review committees regard some risks as too high, even for consenting adults. To justify this practice, commentators have appealed to a range of considerations which are external to informed consent and the risks themselves. Most prominently, some argue that exposing consenting adults to very high risks has the potential to undermine public trust in research. This justification assumes that (...)
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  • Sex, Consent, and Moral Obligations.Konstantin Morozov - 2023 - Problems of Ethics 12:27-47.
    Contemporary debates about sexual ethics are dominated by a consent-oriented approach—consensualism. This position well explains the immorality of such acts as rape, pedophilia, bestiality and necrophilia. However, consensualism faces difficulties when it comes to adultery or HIV transmission. This article analyzes such unacquired moral obligations not to engage in consensual sex. A new natural law approach is proposed to explain and justify these obligations. This position places central importance in the evaluation of sexual acts on whether they are aimed at (...)
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  • Consent as an act of commitment.Robert E. Goodin - 2024 - European Journal of Philosophy 32 (1):194-209.
    Some say that consent is essentially just a state of mind. Others say it is essentially just a communication. Many say it is both. I say it is neither. Instead it is an act, or rather a pair of acts—an internal mental act in the first instance, an external performative act in the second. Each of those acts is an act of commitment, intrapersonally in the first case and interpersonally in the second. The content of the commitment is, familiarly enough, (...)
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  • Social constraints on sexual consent.Tom Dougherty - 2022 - Politics, Philosophy and Economics 21 (4):393-414.
    Politics, Philosophy & Economics, Volume 21, Issue 4, Page 393-414, November 2022. Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the “Constraint Principle.” According to this principle, someone's consent to a sexual (...)
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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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  • Coerced Consent with an Unknown Future.Tom Dougherty - 2020 - Philosophy and Phenomenological Research 103 (2):441-461.
    Philosophy and Phenomenological Research, Volume 103, Issue 2, Page 441-461, September 2021.
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  • Appropriate Normative Powers.Victor Tadros - 2020 - Aristotelian Society Supplementary Volume 94 (1):301-326.
    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 (...)
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  • Reverse‐engineering blame 1.Paulina Sliwa - 2019 - Philosophical Perspectives 33 (1):200-219.
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  • How permissive consent works.Peter Https://Orcidorg629X Schaber - 2020 - Ratio 33 (2):117-124.
    Consent that is voluntary, informed and given by a competent person sometimes transforms a wrong into a right act. How does consent that meets these requirements change the moral property of an act, namely that of being a wronging of a person? This is the question this paper will deal with. Some authors argue that valid consent changes the moral property of an act by changing the reasons which speak against the act. This account of the normative force of consent (...)
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  • The bluff: The power of insincere actions.Kimberly Kessler Ferzan - 2017 - Legal Theory 23 (3):168-202.
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  • BDSM.Manon Garcia - 2022 - In Brian D. Earp, Clare Chambers & Lori Watson (eds.), The Routledge Handbook of Philosophy of Sex and Sexuality. Routledge Handbooks in Philosophy.
    BDSM is no longer treated as a manifestation of the darkest twists of the human soul but rather as a sexual activity like many others. Moreover, the philosophy of sex and much of popular culture has come to embrace BDSM for its models of consent, exploration, and freedom. Yet celebrating BDSM without deeper reflection can obscure some serious moral issues. In this chapter, I present an overview of the moral issues raised by BDSM, and I argue that it is reductive (...)
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  • Big Data Justice: A Case for Regulating The Global Information Commons.Kai Spiekermann, Adam Slavny, David V. Axelsen & Holly Lawford-Smith - 2021 - Journal of Politics 83 (2):577-588.
    The advent of artificial intelligence (AI) challenges political theorists to think about data ownership and policymakers to regulate the collection and use of public data. AI producers benefit from free public data for training their systems while retaining the profits. We argue against the view that the use of public data must be free. The proponents of unconstrained use point out that consuming data does not diminish its quality and that information is in ample supply. Therefore, they suggest, publicly available (...)
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  • Consequentialism and the Case of Symmetrical Attackers.Stephen Kershnar - 2019 - Utilitas 31 (4):395-413.
    There are puzzle cases that forfeiture theory has trouble handling, such as the issue of what happens to the rights of two qualitatively identical people who simultaneously launch unprovoked attacks against the other. Each person either has or lacks the right to defend against the other. If one attacker has the right, then the other does not and vice versa. Yet the two are qualitatively identical so it is impossible for one to have the right if the other does not. (...)
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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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  • A paradigm-based explanation of trust.Friedemann Https://Orcidorg Bieber & Juri Https://Orcidorg Viehoff - 2022 - Synthese 201 (1):1-32.
    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 (...)
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  • Duties to Oneself and Their Alleged Incoherence.Yuliya Kanygina - 2022 - Australasian Journal of Philosophy 100 (3):565-579.
    Duties to oneself are allegedly incoherent: if we had duties to ourselves, we would be able to opt out of them. I argue that there is a constraint on one’s ability to release oneself from duties to oneself. The release must be autonomous in order to be normatively transformative. First, I show that the view that combines the division of the self with the second-personal characterization of morality is problematic. Second, I advance a fundamental solution to the problem of the (...)
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  • Coercion, Consent, and Time.Michelle Madden Dempsey - 2021 - Ethics 131 (2):345-368.
    This article sets out a framework for distinguishing three kinds of norms governing past sexual (mis)conduct and our responses to it: wrongfulness norms, excusability norms, and accountability norms. The framework provides conceptual tools for making sense of (and understanding the limits of) three distinct responses commonly offered by those accused of past sexual misconduct: “But that used to be okay!” “But everybody used to think that was okay!” and “But that was so long ago!”.
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