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)

Our autonomy can be compromised by limitations in our capacities, or by the power relationships within which we are embedded. If we insist that real consent requires full autonomy, then virtually no sex will turn out to be consensual. I argue that under conditions of compromised autonomy, consent must be socially and interpersonally scaffolded. To understand consent as an ethically crucial but nonideal concept, we need to think about how it is related to other requirements for ethical sex, such as (...) the ability to exit a situation, trust, safety, broader social support, epistemic standing in the community, and more. (shrink)

This book is the most comprehensive treatment available of one of the most urgent - and yet in some respects most neglected - problems in bioethics: decision-making for incompetents. Part I develops a general theory for making treatment and care decisions for patients who are not competent to decide for themselves. It provides an in-depth analysis of competence, articulates and defends a coherent set of principles to specify suitable surrogate decisionmakers and to guide their choices, examines the value of advance (...) directives, and investigates the role that considerations of cost ought to play in decisions concerning incompetents. Part II applies this theoretical framework to the distinctive problems of three important classes of individuals, many of whom are incompetent: minors, the elderly and psychiatric patients. The authors' approach combines a probing analysis of fundamental issues in ethical theory with a sensitive awareness of the concrete realities of health care institutions and the highly personal and individual character of difficult practical problems. Its broad scope will appeal to health professionals, moral philosophers and lawyers alike. (shrink)

How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.

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 (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those that don’t (like (...) white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints. (shrink)

This article returns to a philosophical conundrum that has troubled feminist theory since the topic of sexual violence has been taken seriously, what I call the problem of the “heteronormative sexual continuum”: how sexual assault and hegemonic heterosex are conceptually and politically related. I continue my response to the work of Nicola Gavey, who has argued for the existence of a “gray area” of sexual interactions that are ethically questionable without rising to the category of sexual assault, but whose analysis (...) did not explicitly articulate what these two categories share or what distinguishes them from each other. After summarizing Gavey's position, I summarize my previous articulation of the common ground between instances of sexual assault and examples of sexual interactions in the “gray area.” I then develop a theoretical account of how the two categories differ, arguing that the victim's agency plays different roles in the two types of interactions. Both the fact of that distinction—that we are capable of providing a philosophical account of the difference between sexual interactions that fall into the gray area and those that constitute sexual assault—and its particular content are crucial for the development of a tenable feminist sexual ethics. (shrink)

Tyler Burge, Christopher Peacocke; Our Entitlement to Self-Knowledge, Proceedings of the Aristotelian Society, Volume 96, Issue 1, 1 June 1996, Pages 117–158, h.

Tyler Burge, Christopher Peacocke; Our Entitlement to Self-Knowledge, Proceedings of the Aristotelian Society, Volume 96, Issue 1, 1 June 1996, Pages 91–116, ht.

A Virtue Epistemology presents a new approach to some of the oldest and most gripping problems of philosophy, those of knowledge and scepticism. Ernest Sosa argues for two levels of knowledge, the animal and the reflective, each viewed as a distinctive human accomplishment. By adopting a kind of virtue epistemology in line with the tradition found in Aristotle, Aquinas, Reid, and especially Descartes, he presents an account of knowledge which can be used to shed light on different varieties of scepticism, (...) the nature and status of intuitions, and epistemic normativity. (shrink)

I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical (...) central role in contemporary sexual ethics. But this does not mean that nonconsensual sex can be morally permissible. Consent language, I’ll suggest, carries the conventional presupposition that that which is or might be consented to is at someone else’s behest. One implication will be a new kind of support for feminist critiques of consent theory in sexual ethics. (shrink)

Trans studies constitute part of the coming-to-voice of transpeople, long the theorized and researched objects of sexology, psychiatry, and feminist theory. Sandy Stone’s pioneering, “The Empire Strikes Back: A Posttranssexual Manifesto” sought the end of monolithic medical and feminist accounts of transsexuality to reveal a multiplicity of trans-authored narratives. My goal is a better understanding of what it is for transpeople to come to this polyvocality. I argue that trans politics ought to proceed with the principle that transpeople have first-person (...) authority (FPA) over their own gender, and I clarify what this means. (shrink)

Experiences and beliefs are different sorts of mental states, and are often taken to belong to very different domains. Experiences are paradigmatically phenomenal, characterized by what it is like to have them. Beliefs are paradigmatically intentional, characterized by their propositional content. But there are a number of crucial points where these domains intersect. One central locus of intersection arises from the existence of phenomenal beliefs: beliefs that are about experiences.

The scope of someone's consent is the range of actions that they permit by giving consent. The Scope of Consent investigates the under-explored question of which normative principle governs the scope of consent. To answer this question, the book's investigation involves taking a stance on what constitutes consent. By appealing to the idea that someone can justify their behaviour by appealing to another person's consent, Dougherty defends the view that consent consists in behaviour that expresses a consent-giver's will for how (...) a consent-receiver behaves. The ultimate conclusion of the book is that the scope of consent is determined by certain evidence that bears on the appropriate interpretation of the consent. (shrink)

It is only in fairly recent philosophy that psychological self-knowledge has come to be seen as problematical; once upon a time the hardest philosophical difficulties all seemed to attend our knowledge of others. But as philosophers have canvassed various models of the mental that would make knowledge of other minds less intractable, so it has become unobvious how to accommodate what once seemed evident and straightforward–the wide and seemingly immediate cognitive dominion of minds over themselves.

Ordinarily when someone tells us something about her beliefs, desires or intentions, we presume she is right. According to standard views, this deferential trust is justified on the basis of certain epistemic properties of her assertion. In this paper, I offer a non-epistemic account of deference. I first motivate the account by noting two asymmetries between the kind of deference we show psychological self-ascriptions and the kind we grant to epistemic experts more generally. I then propose a novel agency-based account (...) of deference. Drawing on recent work on self-knowledge, I argue that a person normally has a distinctive type of cognitive agency; specifically she is able to constitute her psychological attitudes by making judgments about what they ought to be. I then argue that a speaker expresses this agentive authority when she self-ascribes a psychological attitude and this is what justifies deferentially trusting what she says. Because the notion of expression plays a central role in this account, I contrast it with recent neo-expressivist theories. (shrink)

The article analyses the role and moral force of consent in BDSM (Sado-masochistic and related practice). The view defended accepts consent as a key feature in sexual morality, and explains in detail the relation between consent and autonomy. In brief, it is argued that consent as a genuine extension of personal autonomy both justifies and draws limits to justifiable BDSM-practices: autonomy-undermining practices cannot be justified by appealing to autonomy. The paper discusses in detail the necessary conditions for consent with an (...) emphasis on relevant pitfalls in the context of BDSM and moves to an analysis of the prevalent “official” morality of the BDSM-community, expressed in the slogan “safe, sane, and consensual.” Finally, it draws attention to an un-discussed parallel between sexual morality and the concept of exit-rights as it is known from political philosophy. (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)

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)

Self-trust is a necessary condition of personal autonomy and self-respect. Self-trust involves a positive sense of the motivations and competence of the trusted person; a willingness to depend on him or her; and an acceptance of vulnerability. It does not preclude trust in others. A person may be rightly said to have too much self-trust; however core self-trust is essential for functioning as an autonomous human being.

This paper defends a novel account of how we introspect phenomenal states, the Demonstrative Attention account (DA). First, I present a set of necessary and sufficient conditions for phenomenal state introspection which are not psychological, but purely metaphysical and semantic. Next, to explain how these conditions can be satisfied, I describe how demonstrative reference to a phenomenal content can be achieved through attention alone. This sort of introspective demonstration differs from perceptual demonstration in being non-causal. DA nicely explains key intuitions (...) about phenomenal self-knowledge, makes possible an appealing diagnosis of blindsight cases, and yields a highly plausible view as to the extent of our first-person epistemic privilege. Because these virtues stem from construing phenomenal properties as non-relational features of states, my defense of DA constitutes a challenge to relational construals of phenomenal properties, including functionalism and representationalism. And I provide reason to doubt that they can meet this challenge. (shrink)

Descartes has often been called the 'father of modern philosophy'. His attempts to find foundations for knowledge, and to reconcile the existence of the soul with the emerging science of his time, are among the most influential and widely studied in the history of philosophy. This is a classic and challenging introduction to Descartes by one of the most distinguished modern philosophers. Bernard Williams not only analyzes Descartes' project of founding knowledge on certainty, but uncovers the philosophical motives for his (...) search. With acute insight, he demonstrates how Descartes' _Meditations _are not merely a description but the very enactment of philosophical thought and discovery. Williams covers all of the key areas of Descartes' thought, including God, the will, the possibility of knowledge, and the mind and its place in nature. He also makes profound contributions to the theory of knowledge, metaphysics and philosophy generally. With a new foreword by John Cottingham. (shrink)

It is commonly held that the experiences involved in cases of perception, illusion and hallucination all have the same nature. Disjunctivists deny this. They maintain that the kind of experience you have when you perceive the world isn’t one you could be having if you were hallucinating. A number of important debates in the philosophy of mind and epistemology turn on the question of whether this disjunctivist view is tenable. This is the first book-length introduction to this contested issue. Matthew (...) Soteriou explains the accounts of perception that disjunctivists seek to defend, such as naïve realism, and the accounts to which they are opposed, such as sense-datum theories and representationalist theories. He goes on to introduce and assess key questions that arise in these debates: Is disjunctivism consistent with what has been established by the science of perception? Does introspective reflection support naïve realism? Can disjunctivism be motivated by appeal to the role that perception plays in enabling us to think demonstratively about mind-independent objects and qualities in our environment? Does disjunctivism offer the best account of perceptual knowledge? What can disjunctivists say about the nature of hallucination and illusion? Including chapter summaries, annotated further reading and a glossary, this book is an ideal starting point for anyone studying disjunctivism for the first time, as well as for more advanced students and researchers. (shrink)

Rape, claims Ann J. Cahill, affects not only those women who are raped, but all women who experience their bodies as rapable and adjust their actions and self-images accordingly. Rethinking Rape counters legal and feminist definitions of rape as mere assault and decisively emphasizes the centrality of the body and sexuality in a crime which plays a crucial role in the continuing oppression of women.

The power of new medical technologies, the cultural authority of physicians, and the gendered power dynamics of many patient-physician relationships can all inhibit women's reproductive freedom. Often these factors interfere with women's ability to trust themselves to choose and act in ways that are consistent with their own goals and values. In this book Carolyn McLeod introduces to the reproductive ethics literature the idea that in reproductive health care women's self-trust can be undermined in ways that threaten their autonomy. Understanding (...) the importance of self-trust for autonomy, McLeod argues, is crucial to understanding the limits on women's reproductive freedom. -/- McLeod brings feminist insights in philosophical moral psychology to reproductive ethics, and to health-care ethics more broadly. She identifies the social environments in which self-trust is formed and encouraged. She also shows how women's experiences of reproductive health care can enrich our understanding of self-trust and autonomy as philosophical concepts. The book's theoretical components are grounded in women's concrete experiences. The cases discussed, which involve miscarriage, infertility treatment, and prenatal diagnosis, show that what many women feel toward themselves in reproductive contexts is analogous to what we feel toward others when we trust or distrust them. -/- McLeod also discusses what health-care providers can do to minimize the barriers to women's self-trust in reproductive health care, and why they have a duty to do so as part of their larger duty to respect patient autonomy. (shrink)

Dorit Bar-On develops and defends a novel view of avowals and self-knowledge. Drawing on resources from the philosophy of language, the theory of action, epistemology, and the philosophy of mind, she offers original and systematic answers to many long-standing questions concerning our ability to know our own minds. We are all very good at telling what states of mind we are in at a given moment. When it comes to our own present states of mind, what we say goes; an (...) avowal such as "I'm feeling so anxious" or "I'm thinking about my next trip to Paris," it is typically supposed, tells it like it is. But why is that? Why should what I say about my present mental states carry so much more weight than what others say about them? Why should avowals be more immune to criticism and correction than other claims we make? And if avowals are not based on any evidence or observation, how could they possibly express our knowledge of our own present mental states? Bar-On proposes a Neo-Expressivist view according to which an avowal is an act through which a person directly expresses, rather than merely reports, the very mental condition that the avowal ascribes. She argues that this expressivist idea, coupled with an adequate characterization of expression and a proper separation of the semantics of avowals from their pragmatics and epistemology, explains the special status we assign to avowals. As against many expressivists and their critics, she maintains that such an expressivist explanation is consistent with a non-deflationary view of self-knowledge and a robust realism about mental states. The view that emerges preserves many insights of the most prominent contributors to the subject, while offering a new perspective on our special relationship to our own minds. (shrink)

When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent (...) to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'. (shrink)

Predatory grooming is a form of abuse most familiar from high-profile cases of sexual misconduct, for example, the Nassar case at Michigan State. Predatory groomers target individuals in a systematic effort to lead them into relationships in which they are vulnerable to exploitation. This is an example of a broader form of epistemic misconduct that Leydon-Hardy describes as epistemic infringement, where this involves the contravention of social and epistemic norms in a way that undermines our epistemic agency. In this chapter, (...) Leydon-Hardy looks at the distinctive epistemic harm caused by epistemic infringement. She argues that this harm cannot be understood simply as the victim’s having a false belief, or even as her being alienated from her belief-forming mechanisms. A deeper understanding of the harm caused by infringement shows that it stems from damage to one’s epistemic agency, and indeed, to one’s personhood. (shrink)

Then you have a look around, and see that none of the uninitiated are listening to us—I mean the people who think that nothing exists but what they can grasp with both hands; people who refuse to admit that actions and processes and the invisible world in general have any place in reality.