In Tess of the d’Urbervilles, the innocent Tess is the object of Alec d’Urberville’s dishonorable intentions. Alec uses every wile he can think of to seduce the poor and ignorant Tess, who works keeping hens in his mother’s house: he flatters her, he impresses her with a show of wealth, he gives help to her family to win her gratitude, and he reacts with irritation and indignation when she nonetheless continues to repulse his advances, causing her to feel shame at (...) her own ingratitude and confusion as to what is right. Tess, anchored both by her own sense of virtue and her distrust of Alec’s character, continues to hold out until one fatal night when, through Alec’s machinations, they are lost together in a wood. At Tess’s insistence Alec leaves her to scout out the path home. When he returns, he finds her asleep under a tree. Hardy does not go into detail at this critical juncture. Rather, he reflects “why it was that upon this beautiful feminine tissue, sensitive as gossamer, and practically blank as snow as yet, there should have been traced such a coarse pattern as it was doomed to receive; why so often the coarse appropriates the finer thus, the wrong man the woman, the wrong woman the man, many thousand years of analytical philosophy have failed to explain to our sense of order.”. (shrink)

How wrong is it to deceive a person into having sex with you? The common view seems to be that this depends on the nature of the deception. If it involves something very important, such as your identity, then the wrong done is very serious. But if it involves something more trivial, such as your natural hair colour, then the wrong seems less great. Tom Dougherty rejects this view. He argues that sexual deception is always seriously wrong. In this paper, (...) I present a response to Doughterty’s argument. I propose an analysis of the wrongness in deception according to which acts of deception, in sexual relations and elsewhere, may differ in their degree of wrongness, and some may not be seriously wrong. (shrink)

Intuitively, rape is seriously morally wrong in a way simple assault is not. Yet philosophical disputes about the features of rape that make it the heinous act it is invite a general account of the difference between (mere) wrong-making characteristics and heinous-making characteristics. In this paper I propose just such an account and use it to refute some accounts of the wrongness of rape and refine others. Given these analyses, I close by developing and defending an account of a particularly (...) important heinous-making characteristic of rape. (shrink)

If rape is evaluated as a serious wrong, can it also be defined as non-consensual sex (NCS)? Many do not see all instances of NCS as seriously wrongful. I argue that rape is both properly defined as NCS and properly evaluated as a serious wrong. First, I distinguish the hurtfulness of rape from its wrongfulness; secondly, I classify its harms and characterize its essential wrongfulness; thirdly, I criticize a view of rape as merely ‘sex minus consent’; fourthly, I criticize mistaken (...) attempts to discount the wrongfulness of rape for those who do not value sex; fifthly, I contrast two models for weighing interests, according to one of which rape is not seriously wrongful; finally, I sketch a defence of the view that our sexual integrity ought to be a central interest of ours. (shrink)

This article explores the moral significance of consent in an unjust world by developing the view that the validity of consent depends on its causes. It defends the view that the causes of consent make it valid or invalid. It then shows how this idea helps us to distinguish different ways in which consent might matter morally where it has problematic causes. Finally, it uses this analysis to explore the moral significance of a range of problematic causes of consent, including (...) objectification, arranged marriage, and third-party threats of violence. (shrink)

Blackmail raises a pair of parallel legal and moral problems, sometimes referred to as the "paradox of blackmail". It is sometimes legal and morally permissible to ask someone for money, or to threaten to release harmful information about them, while it is illegal and morally impermissible to do these actions jointly. I address the moral version of this paradox by bringing instances of blackmail under a general account of wrongful coercion. According to this account, and contrary to the appearances which (...) give rise to the paradox, threatening the release of harmful information to constrain another's actions is almost never morally impermissible unless it is likewise impermissible to carry out one's threat. To defend this claim I identify a special wrong that arises in the paradoxical cases of threatened information release. The account also resolves a number of other puzzles about blackmail—for example, why profiting from a threat in blackmail can sometimes be impermissible, even though accepting identical payment from an independent offer to retain the same information can be permissible. (shrink)

I explore how we negotiate sexual encounters with one another in language and consider the pragmatic structure of such negotiations. I defend three theses: Discussions of consent have dominated the philosophical and legal discourse around sexual negotiation, and this has distorted our understanding of sexual agency and ethics. Of central importance to good-quality sexual negotiation are sexual invitations and gift offers, as well as speech designed to set up safe frameworks and exit conditions. Sexual communication that goes well does not (...) just prevent harm; it enables forms of agency, pleasure, and fulfillment that would not otherwise be possible. (shrink)

We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do (...) so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of others. (shrink)

This paper proposes a new category of linguistic harm: that of illocutionary frustration. I argue against Jennifer Hornsby and Rae Langton’s notion of illocutionary silencing by challenging their claim that silencing occurs when there is a lack of uptake of the speaker’s illocutionary act. I look at two scenarios that their view treats differently and argue that these scenarios warrant the same kind of analysis; Hornsby and Langton’s notion of silencing can’t capture the purported difference they want it to capture. (...) I propose that we should look instead to standing to explain the phenomenon that illocutionary silencing intends to explain. I explicate the role of standing in terms of illocutionary frustration, then consider street harassment as an example of a linguistic interaction that is best explained by my proposed view. (shrink)

Shaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment.