Everyone knows that something has gone wrong, in the United States, with the conventions of privacy. Along with a vastly increased tolerance for variation in sexual life we have seen a sharp increase in prurient and censorious attention to the sexual lives of public figures and famous persons, past and present. The culture seems to be growing more tolerant and more intolerant at the same time, though perhaps different parts of it are involved in the two movements.

It is widely held that some kinds of deception into sex (e.g., lying about what pets one likes) do not undermine the moral force of consent while other kinds of deception do (e.g., impersonating the consenter’s partner). Tom Dougherty argues against this: whenever someone is deceived into sex by the concealment of a “deal breaker” fact, the normative situation is the same as there being no consent at all. Here it is argued that this conclusion is unwarranted. Dougherty’s negative arguments (...) against alternative theories of the deceptive undermining of consent are flawed, and his two positive arguments are unjustified. (shrink)

In this paper I first argue that we do not need to intend all the features of X in order to consent to X. I will present cases in which agents intend to consent to gambles, and intend to consent to have sex with people under certain descriptions, de re, rather than de dicto. Next, I argue that deception – even deception about features of a sexual act that qualify as “deal-breakers” for a participant – might not always have the (...) power to undermine sexual consent. In both sections I craft my arguments by appealing to a proposal about the scope of rights. I suggest that we may have intentions regarding our sexual experiences that do not map onto the rights that we actually hold pertaining to those sexual experiences. (shrink)

I hear the patter of little feet around the house, I expect Bruce. What I expect is a cat, a particular cat. If I heard such a patter in another house, I might expect a cat but no particular cat. What I expect then seems to be a Meinongian incomplete cat. I expect winter, expect stormy weather, expect to shovel snow, expect fatigue---a season, a phenomenon, an activity, a state. I expect that someday mankind will inhabit at least five planets. (...) This time what I expect is a state of affairs. If we let surface grammar be our guide, the objects of expectation seem quite a miscellany. The same goes for belief, since expectation is one kind of belief. The same goes for desire: I could want Bruce, want a cat but no particular cat, want winter, want stormy weather, want to shovel snow, want fatigue, or want that someday mankind will inhabit at least five planets. The same goes for other attitudes to the extent that they consist partly of beliefs or desires or lacks thereof. But the seeming diversity of objects might be an illusion. Perhaps the objects of attitudes are uniform in category, and it is our ways of speaking elliptically about these uniform objects that are diverse. That indeed is our consensus. We mostly think that the attitudes uniformly have propositions as their objects. That is why we speak habitually of "propositional attitudes.". (shrink)

This article offers an account of the information condition on morally valid consent in the context of sexual relations. The account is grounded in rights. It holds that a person has a sufficient amount of information to give morally valid consent if, and only if, she has all the information to which she has a claim-right. A person has a claim-right to a piece of information if, and only if, a. it concerns a deal-breaker for her; b. it does not (...) concern something that her partner has a strong interest in protecting from scrutiny, sufficient to generate a privilege-right; c.i. her partner is aware of the information to which her deal-breaker applies; or c.ii. her partner ought to be held responsible for the fact that he is not aware of the information to which her deal-breaker applies; and finally, d. she has not waived or forfeited her claim-right. Although we present this account in the context of sexual relations, we believe a virtue of the account is that it can be easily translated into other contexts. (shrink)

Tom Dougherty has recently defended the claim that all deception that is consequential for sex is seriously wrong. This discussion piece argues that deception does not have to seriously undermine consent and that when sexual deception is seriously wrong, that may not only be to do with its relation to consent. In doing so, it defends distinguishing between the seriousness of deceptions, whether these are sexual or in other areas of life, and so defends what Dougherty calls the lenient view.

I suggest that civility is the display of respect, tolerance, or considerateness. Social norms enable us to successfully display these basic moral attitudes, and social consensus sets the bounds of civility, i.e., what views and behaviors are not owed a civil response. Because tied to social norms, there is no guarantee that standards of civility will exempt us from civilly responding to what, from a socially critical moral point of view, is tolerable. I raise and addresses the question: How could (...) civility be a moral virtue if it is so thoroughly governed by social norms? (shrink)

Robert Stalnaker explores the contexts in which speech takes place, the ways we represent them, and the roles they play in explaining the interpretation and dynamics of speech. His central thesis is the autonomy of pragmatics: the independence of theory about structure and function of discourse from theory about mechanisms serving those functions.

In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with (...) the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application. (shrink)

Kant's Formula of Humanity famously forbids treating others merely as a means. It is unclear, however, what exactly treating someone merely as a means comes to. This essay argues against an interpretation of this idea advanced by Christine Korsgaard and Onora O'Neill. The essay then develops a new interpretation that suggests an important connection between the Formula of Humanity and Kant's political philosophy: the content of many of our moral duties depends on the results of political philosophy and, indeed, on (...) the results of actual political decision making. (shrink)