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A Comment on Consent, Sex, and Rape

Legal Theory 2 (3):233-251 (1996)

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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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  • 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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  • Sex By Deception.Berit Brogaard - 2022 - In Manuel Vargas & John Doris (eds.), The Oxford Handbook of Moral Psychology. Oxford, U.K.: Oxford University Press. pp. 683-711.
    In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...)
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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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  • Feminist perspectives on rape.Rebecca Whisnant - 2010 - Stanford Encyclopedia of Philosophy.
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