Results for 'Consent'

287 found
Order:
  1. Presupposition and Consent.Jonathan Jenkins Ichikawa - 2020 - Feminist Philosophy Quarterly 6 (4):forthcoming.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. Sex, Lies, and Consent.Tom Dougherty - 2013 - Ethics 123 (4):717-744.
    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.
    Download  
     
    Export citation  
     
    Bookmark   19 citations  
  3. Consent in Clinical Research.Collin O'Neil - 2018 - In Andreas Müller & Peter Schaber (eds.), The Routledge Handbook of the Ethics of Consent. New York, USA: Routledge. pp. 297-310.
    This article addresses two areas of continuing controversy about consent in clinical research: the question of when consent to low risk research is necessary, and the question of when consent to research is valid. The article identifies a number of considerations relevant to determining whether consent is necessary, chief of which is whether the study would involve subjects in ways that would (otherwise) infringe their rights. When consent is necessary, there is a further question of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4.  55
    Psychotherapy, Placebos, and Informed Consent.Garson Leder - forthcoming - Journal of Medical Ethics:medethics-2020-106453.
    Several authors have recently argued that psychotherapy, as it is commonly practiced, is deceptive and undermines patients’ ability to give informed consent to treatment. This ‘deception’ claim is based on the findings that some, and possibly most, of the ameliorative effects in psychotherapeutic interventions are mediated by therapeutic common factors shared by successful treatments, rather than because of theory-specific techniques. These findings have led to claims that psychotherapy is, at least partly, likely a placebo, and that practitioners of psychotherapy (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  5. Unethical Informed Consent Caused by Overlooking Poorly Measured Nocebo Effects.Jeremy Howick - 2020 - Journal of Medical Ethics 16:00-03.
    Unlike its friendly cousin the placebo effect, the nocebo effect (the effect of expecting a negative outcome) has been almost ignored. Epistemic and ethical confusions related to its existence have gone all but unnoticed. Contrary to what is often asserted, adverse events following from taking placebo interventions are not necessarily nocebo effects; they could have arisen due to natural history. Meanwhile, ethical informed consent (in clinical trials and clinical practice) has centred almost exclusively on the need to inform patients (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. Lies, Control, and Consent: A Response to Dougherty and Manson.Danielle Bromwich & Joseph Millum - 2018 - Ethics 128 (2):446-461.
    Tom Dougherty argues that culpably deceiving another person into sex is seriously wrong no matter what the content about which she is deceived. We argue that his explanation of why deception invalidates consent has extremely implausible implications. Though we reject Dougherty’s explanation, we defend his verdict about deception and consent to sex. We argue that he goes awry by conflating the disclosure requirement for consent and the understanding requirement. When these are distinguished, we can identify how deceptive (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  7. Placebo Effects and Informed Consent.Mark Alfano - 2015 - American Journal of Bioethics 15 (10):3-12.
    The concepts of placebos and placebo effects refer to extremely diverse phenomena. I recommend dissolving the concepts of placebos and placebo effects into loosely related groups of specific mechanisms, including expectation-fulfillment, classical conditioning, and attentional-somatic feedback loops. If this approach is on the right track, it has three main implications for the ethics of informed consent. First, because of the expectation-fulfillment mechanism, the process of informing cannot be considered independently from the potential effects of treatment. Obtaining informed consent (...)
    Download  
     
    Export citation  
     
    Bookmark   14 citations  
  8. The Role of Consent in Sado-Masochistic Practices.Nafsika Athanassoulis - 2002 - Res Publica 8 (2):141-155.
    In 1993 the Law Lords upheld the original conviction of five men under the 1861 Offences Against the Person Act for participating in sado-masochistic practices. Although the five men were fully consenting adults, the Law Lords held that consent did not constitute a defence to acts of violence within a sado-masochistic context. This paper examines the judgements in this case and argues that sado-masochistic practices are no different from the known exceptions cited by the court to the idea that (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  9. Mistake of Law and Sexual Assault: Consent and Mens Rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  10. Could There Ever Be an App for That? Consent Apps and the Problem of Sexual Assault.Danaher John - 2018 - Criminal Law and Philosophy 12 (1):143-165.
    Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  11. Moral Risk and Communicating Consent.Renée Jorgensen 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  12. Consent and the Ethical Duty to Participate in Health Data Research.Angela Ballantyne & G. Owen Schaefer - 2018 - Journal of Medical Ethics 44 (6):392-396.
    The predominant view is that a study using health data is observational research and should require individual consent unless it can be shown that gaining consent is impractical. But recent arguments have been made that citizens have an ethical obligation to share their health information for research purposes. In our view, this obligation is sufficient ground to expand the circumstances where secondary use research with identifiable health information is permitted without explicit subject consent. As such, for some (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  13. Consent and the Criminal Law.Lucinda Vandervort - 1990 - Osgoode Hall Law Journal 28 (2):485-500.
    The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  15. Hormone Replacement Therapy: Informed Consent Without Assessment?Toni C. Saad, Bruce Philip Blackshaw & Daniel Rodger - 2019 - Journal of Medical Ethics 45 (12):1-2.
    Florence Ashley has argued that requiring patients with gender dysphoria to undergo an assessment and referral from a mental health professional before undergoing hormone replacement therapy is unethical and may represent an unconscious hostility towards transgender people. We respond, first, by showing that Ashley has conflated the self-reporting of symptoms with self-diagnosis, and that this is not consistent with the standard model of informed consent to medical treatment. Second, we note that the model of informed consent involved in (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  16. Informed Consent to HIV Cure Research.Danielle Bromwich & Joseph R. Millum - 2017 - Journal of Medical Ethics 43 (2):108-113.
    Trials with highly unfavourable risk–benefit ratios for participants, like HIV cure trials, raise questions about the quality of the consent of research participants. Why, it may be asked, would a person with HIV who is doing well on antiretroviral therapy be willing to jeopardise his health by enrolling in such a trial? We distinguish three concerns: first, how information is communicated to potential participants; second, participants’ motivations for enrolling in potentially high risk research with no prospect of direct benefit; (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  17.  81
    Autonomy, Consent, and the “Nonideal” Case.Hallvard Lillehammer - 2020 - Journal of Medicine and Philosophy 45 (3):297-311.
    According to one influential view, requirements to elicit consent for medical interventions and other interactions gain their rationale from the respect we owe to each other as autonomous, or self-governing, rational agents. Yet the popular presumption that consent has a central role to play in legitimate intervention extends beyond the domain of cases where autonomous agency is present to cases where far from fully autonomous agents make choices that, as likely as not, are going to be against their (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  18. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. Habits, Nudges, and Consent.Ezio Di Nucci - 2013 - American Journal of Bioethics 13 (6):27 - 29.
    I distinguish between 'hard nudges' and 'soft nudges', arguing that it is possible to show that the latter can be compatible with informed consent - as Cohen has recently suggested; but that the real challenge is the compatibility of the former. Hard nudges are the more effective nudges because they work on less than conscious mechanisms such as those underlying our habits: whether those influences - which are often beyond the subject's awareness - can be reconciled with informed (...) in health care is the more challenging question. I suggest two directions for possible answers: on the one hand, looking at the growing empirical literature on mindless judgement and behaviour; and on the other hand considering a more diversified conception of consent, which I sketch. (shrink)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  20. Disclosure and Consent to Medical Research Participation.Danielle Bromwich & Joseph Millum - 2013 - Journal of Moral Philosophy 10 (4):195-219.
    Most regulations and guidelines require that potential research participants be told a great deal of information during the consent process. Many of these documents, and most of the scholars who consider the consent process, assume that all this information must be disclosed because it must all be understood. However, a wide range of studies surveying apparently competent participants in clinical trials around the world show that many do not understand key aspects of what they have been told. The (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  21. Notice After Notice-and-Consent: Why Privacy Disclosures Are Valuable Even If Consent Frameworks Aren’T.Daniel Susser - 2019 - Journal of Information Policy 9:37-62.
    The dominant legal and regulatory approach to protecting information privacy is a form of mandated disclosure commonly known as “notice-and-consent.” Many have criticized this approach, arguing that privacy decisions are too complicated, and privacy disclosures too convoluted, for individuals to make meaningful consent decisions about privacy choices—decisions that often require us to waive important rights. While I agree with these criticisms, I argue that they only meaningfully call into question the “consent” part of notice-and-consent, and that (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  22. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  23.  71
    The Impossibility of Reliably Determining the Authenticity of Desires: Implications for Informed Consent.Jesper Ahlin - 2018 - Medicine, Health Care and Philosophy 21 (1):43-50.
    It is sometimes argued that autonomous decision-making requires that the decision-maker’s desires are authentic, i.e., “genuine,” “truly her own,” “not out of character,” or similar. In this article, it is argued that a method to reliably determine the authenticity (or inauthenticity) of a desire cannot be developed. A taxonomy of characteristics displayed by different theories of authenticity is introduced and applied to evaluate such theories categorically, in contrast to the prior approach of treating them individually. The conclusion is drawn that, (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  24.  29
    Clarifying How to Deploy the Public Interest Criterion in Consent Waivers for Health Data and Tissue Research.G. Owen Schaefer, Graeme Laurie, Sumytra Menon, Alastair V. Campbell & Teck Chuan Voo - 2020 - BMC Medical Ethics 21 (1):1-10.
    BackgroundSeveral jurisdictions, including Singapore, Australia, New Zealand and most recently Ireland, have a public interest or public good criterion for granting waivers of consent in biomedical research using secondary health data or tissue. However, the concept of the public interest is not well defined in this context, which creates difficulties for institutions, institutional review boards and regulators trying to implement the criterion.Main textThis paper clarifies how the public interest criterion can be defensibly deployed. We first explain the ethical basis (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  25. Sexual Consent and Lying About One's Self.Jennifer Matey - forthcoming - Philosophy and Phenomenological Research.
    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 to the consent of one’s partner, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Rape as Spectator Sport and Creepshot Entertainment: Social Media and the Valorization of Lack of Consent.Kelly Oliver - 2015 - American Studies Journal (10):1-16.
    Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.
    Download  
     
    Export citation  
     
    Bookmark  
  27. Consent and Deception.Robert Jubb - 2017 - Journal of Ethics and Social Philosophy 12 (2):223-229.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  28. Understanding, Interests and Informed Consent: A Reply to Sreenivasan.Danielle Bromwich - 2015 - Journal of Medical Ethics 41 (4):327-331.
    It is widely agreed that the view of informed consent found in the regulations and guidelines struggles to keep pace with the ever-advancing enterprise of human subjects research. Over the last 10 years, there have been serious attempts to rethink informed consent so that it conforms to our considered judgments about cases where we are confident valid consent has been given. These arguments are influenced by an argument from Gopal Sreenivasan, which apparently shows that a potential participant's (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  29. Can Children Withhold Consent to Treatment.John Devereux, Donna Dickenson & D. P. H. Jones - 1993 - British Medical Journal 306 (6890):1459-1461.
    A dilemma exists when a doctor is faced with a child or young person who refuses medically indicated treatment. The Gillick case has been interpreted by many to mean that a child of sufficient age and intelligence could validly consent or refuse consent to treatment. Recent decisions of the Court of Appeal on a child's refusal of medical treatment have clouded the issue and undermined the spirit of the Gillick decision and the Children Act 1989. It is now (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  30. Would It Be Ethical to Use Motivational Interviewing to Increase Family Consent to Deceased Solid Organ Donation?Isra Black & Lisa Forsberg - 2014 - Journal of Medical Ethics 40 (1):63-68.
    We explore the ethics of using motivational interviewing, an evidence-based, client-centred and directional counselling method, in conversations with next of kin about deceased solid organ donation. After briefly introducing MI and providing some context around organ transplantation and next of kin consent, we describe how MI might be implemented in this setting, with the hypothesis that MI has the potential to bring about a modest yet significant increase in next of kin consent rates. We subsequently consider the objection (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  31. Consent Under Pressure: The Puzzle of Third Party Coercion.Joseph Millum - 2014 - Ethical Theory and Moral Practice 17 (1):113-127.
    Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  32. Research Participants’ Perceptions and Views on Consent for Biobank Research: A Review of Empirical Data and Ethical Analysis.Flavio D'Abramo, Jan Schildmann & Jochen Vollmann - 2015 - BMC Medical Ethics 16 (1):60.
    Appropriate information and consent has been one of the most intensely discussed topics within the context of biobank research. In parallel to the normative debate, many socio-empirical studies have been conducted to gather experiences, preferences and views of patients, healthy research participants and further stakeholders. However, there is scarcity of literature which connects the normative debate about justifications for different consent models with findings gained in empirical research. In this paper we discuss findings of a limited review of (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  33. Fickle Consent.Tom Dougherty - 2014 - Philosophical Studies 167 (1):25-40.
    Why is consent revocable? In other words, why must we respect someone's present dissent at the expense of her past consent? This essay argues against act-based explanations and in favor of a rule-based explanation. A rule prioritizing present consent will serve our interests the best, in light of our interests in having flexibility over our consent and in minimizing the possibility of error in people's judgments about whether we consent.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  34. Understanding the Relationship Between Autonomy and Informed Consent: A Response to Taylor.Lucie White - 2013 - Journal of Value Inquiry 47 (4):483-491.
    Medical ethicists conventionally assume that the requirement to employ informed consent procedures is grounded in autonomy. It seems intuitively plausible that providing information to an agent promotes his autonomy by better allowing him to steer his life. However, James Taylor questions this view, arguing that any notion of autonomy that grounds a requirement to inform agents turns out to be unrealistic and self-defeating. Taylor thus contends that we are mistaken about the real theoretical grounds for informed consent procedures. (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  35. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  36. The Need for Donor Consent in Mitochondrial Replacement.G. Owen Schaefer - 2018 - Journal of Medical Ethics 44 (12):825-829.
    Mitochondrial replacement therapy requires oocytes of women whose mitochondrial DNA will be transmitted to resultant children. These techniques are scientifically, ethically and socially controversial; it is likely that some women who donate their oocytes for general in vitro fertilisation usage would nevertheless oppose their genetic material being used in MRT. The possibility of oocytes being used in MRT is therefore relevant to oocyte donation and should be included in the consent process when applicable. In present circumstances, specific consent (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  37. Locke on Express and Tacit Consent.Paul Russell - 1986 - Political Theory 14 (2):291-306.
    THE SUBJECT MATTER of this essay is Locke's well-known discussion of consent in sections 116-122 of the Second Treatise of Government.' I will not be concerned to discuss the place of consent in Locke's political philosophy 2 My concerns are somewhat narrower than this. I will simply be concerned to show that in important respects several recent discussions of Locke's political philosophy have misrepresented Locke's views on the subject of express and tacit consent. At theheart of these (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  38.  93
    Defensive Harm, Consent, and Intervention.Jonathan Parry - 2017 - Philosophy and Public Affairs 45 (4):356-396.
    Many think that it would be wrong to defend an individual from attack if he competently and explicitly refuses defensive intervention. In this paper, I consider the extent to which the preferences of victims affect the permissibility of defending groups or aggregates. These cases are interesting and difficult because there is no straightforward sense in which a group can univocally consent to or refuse defensive intervention in the same way that an individual can. Among those who have considered this (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  39. Can Informed Consent to Research Be Adapted to Risk?Danielle Bromwich & Annette Rid - 2015 - Journal of Medical Ethics 41 (7):521-528.
    The current ethical and regulatory framework for research is often charged with burdening investigators and impeding socially valuable research. To address these concerns, a growing number of research ethicists argue that informed consent should be adapted to the risks of research participation. This would require less rigorous consent standards in low-risk research than in high-risk research. However, the current discussion is restricted to cases of research in which the risks of research participation are outweighed by the potential clinical (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  40. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41. Global Public Reason, Diversity, and Consent.Samuel Director - 2019 - Philosophical Papers 48 (1):31-57.
    In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42. Unintentional Consent.Terence Rajivan Edward - 2015 - Kritike 9 (1):86-95.
    Some political philosophers have judged that it is absurd to think that there can be unintentional consent. In this paper, I present an example of unintentional consent, which I refer to as the adapted boardroom example. I consider reasons for denying that this is an example of unintentional consent, but find that these reasons are unconvincing.
    Download  
     
    Export citation  
     
    Bookmark  
  43. Defending the Possible Consent Interpretation From Actual Objections.Samuel J. M. Kahn - 2014 - Journal of Early Modern Studies 3 (2):88-100.
    In this paper, I defend the possible consent interpretation of Kant’s formula of humanity from objections according to which it has counterintuitive implications. I do this in two ways. First, I argue that to a great extent, the supposed counterintuitive implications rest on a misunderstanding of the possible consent interpretation. Second, I argue that to the extent that these supposed counterintuitive implications do not rest on a misunderstanding of the possible consent interpretation, they are not counterintuitive at (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44. Paternalism, Consent, and the Use of Experimental Drugs in the Military.J. Wolfendale & S. Clarke - 2008 - Journal of Medicine and Philosophy 33 (4):337-355.
    Modern military organizations are paternalistic organizations. They typically recognize a duty of care toward military personnel and are willing to ignore or violate the consent of military personnel in order to uphold that duty of care. In this paper, we consider the case for paternalism in the military and distinguish it from the case for paternalism in medicine. We argue that one can consistently reject paternalism in medicine but uphold paternalism in the military. We consider two well-known arguments for (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  45. Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton. [REVIEW]Lucinda Vandervort - 2016 - Canadian Journal of Women and the Law 28:697-702.
    This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  46. Normative Consent and Authority.Daniel Koltonski - 2013 - Journal of Moral Philosophy 10 (3):255-275.
    In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  47. Consent Ain’T Anything: Dissent, Access and the Conditions for Consent.Ezio Di Nucci - 2016 - Monash Bioethics Review 34 (1):3-22.
    I argue against various versions of the ‘attitude’ view of consent and of the ‘action’ view of consent: I show that neither an attitude nor an action is either necessary or sufficient for consent. I then put forward a different view of consent based on the idea that, given a legitimate epistemic context, absence of dissent is sufficient for consent: what is crucial is having access to dissent. In the latter part of the paper I (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. The Right to Informed Consent from Georg Jellinek' Status Theory.Noelia Martinez-Doallo - 2016 - Ius Et Scientia 1 (3):206-216.
    Jellinek has defined “status” as the relationship between the State and the individual that qualifies to the last one. His theory distinguishes four types: passive or subiectionis, negative or libertatis, positive or civitatis and active or status of active citizenship. Besides controversies about its validity, it is aimed here to relate Jellinek’s contribution to the conception of informed consent developed by the Spanish Constitutional Court, as a duty to refrain for healthcare professionals (STC 37/2001, among others), i.e., a denial (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  49. The Consent Solution to Punishment and the Explicit Denial Objection.Miroslav Imbrisevic - 2010 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 25 (2):211-224.
    Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  50.  40
    Consent in Children.Donna Dickenson - 1998 - Current Opinion in Psychiatry 11:389-393.
    Children and young people under 18 years old should no longer be regarded as incompetent to give or withhold consent in decisions involving their health care, Recent research suggests a functional test of cognitive and emotional maturity, rather than a strict age cut-off point. However, it is often difficult to implement these recommendations in practice, not least because the law is, if anything, increasingly 'hard-line' about children's autonomy.
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 287