Results for 'implicit consent'

997 found
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  1. 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 (...)
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  2. Choice, consent, and the legitimacy of market transactions.Fabienne Peter - 2004 - Economics and Philosophy 20 (1):1-18.
    According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...)
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  3. Deceiving Someone into Having Sex.Shirah Theron - 2023 - Stellenbosch Socratic Journal 3:35-46.
    This paper aims to provide an in-depth examination of the fundamental elements of rape, specifically focusing on intention and consent, within the context of “deceiving someone into having sex”. The analysis will involve exploring model cases and scrutinising the intentions of both the deceiver and the deceived in relation to consent. Through conceptual analysis, the concept of “deceiving someone into having sex” will be clarified, drawing insights from typical applications of this concept. Additionally, this paper will critically evaluate (...)
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  4. Patient autonomy and withholding information.Melissa Rees - 2023 - Bioethics 37 (3):256-264.
    Disclosure in clinical practice is aimed at promoting patient autonomy, usually culminating in patient choice (e.g., to consent to an operation or not, or between different medications). In medical ethics, there is an implicit background assumption that knowing more about (X) automatically translates to greater, or more genuine, autonomy with respect to one's choices involving (X). I challenge this assumption by arguing that in rare cases, withholding information can promote a patient's autonomy (understood as the capacity for rational (...)
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  5. Free and Always Will Be? On Social Media Participation as it Undermines Individual Autonomy.Kathryn J. Norlock - 2021 - Canadian Journal of Practical Philosophy 5 (1):52-65.
    Open Access: Social media participation undermines individual autonomy in ways that ought to concern ethicists. Discussions in the philosophical literature are concerned primarily with egregious conduct online such as harassment and shaming, keeping the focus on obvious ills to which no one could consent; this prevents a wider understanding of the risks and harms of quotidian social media participation. Two particular concerns occupy me: social media participation carries the risks of (1) negatively formative experiences and (2) continuous partial attention (...)
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  6. La concezione epistemica dell'analiticità.Alessia Marabini - 2014 - Aracne editrice.
    La rinascita negli ultimi decenni di un nutrito dibattito intorno alla nozione di analiticità dopo le critiche a suo tempo mosse da Quine alla batteria di nozioni utilizzate da Rudolf Carnap (ad esempio, postulati di significato, regole semantiche, definizioni implicite, convenzioni e stipulazioni esplicite) prende le mosse da una riflessione critica sulle argomentazioni di Quine e tenta, da un lato, di approfondire meglio il legame fra analiticità e conoscenza a priori, e, dall’altro, di capire meglio il ruolo che la definizione (...)
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  7. Fraudulent Advertising: A Mere Speech Act or a Type of Theft?Pavel Slutskiy - unknown - Libertarian Papers 8.
    Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he acquires (...)
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  8. The Principle of Peaceable Conduct as a Discrimination Tool in Social Life.Gheorghe-Ilie Farte - 2015 - Argumentum. Journal of the Seminar of Discursive Logic, Argumentation Theory and Rhetoric 3 (1):95-111.
    By exercising their (imperfect) capacity to discriminate, people try to recognize and to understand some important differences between things that make them prefer some things to other. In this article I will use my ability to discriminate between people and societies according to a principle which plays the role of attractor, both at individual and societal levels, namely the principle of peaceable conduct. This principle allows us to discriminate at the civic level between the people who have a civilized conduct (...)
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  9. On the Renting of Persons: The Neo-Abolitionist Case Against Today's Peculiar Institution.David Ellerman - 2015 - Economic Thought 4 (1):1-20.
    Liberal thought (in the sense of classical liberalism) is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements (...)
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  10. Translatio versus Concessio: Retrieving the Debate about Contracts of Alienation with an Application to Today’s Employment Contract.David Ellerman - 2005 - Politics and Society 33 (3):449-480.
    Liberalism is based on the juxtaposition of consent to coercion. Autocracy and slavery were based on coercion whereas today’s political democracy and economic “employment system” are based on consent to voluntary contracts. This article retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. The democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to alienate aspects of personhood (...)
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  11. L’éthique des mégadonnées (Big Data) en recherche.Nicolae Sfetcu - 2020 - Drobeta Turnu Severin: MultiMedia Publishing.
    Les principaux problèmes rencontrés par les scientifiques qui travaillent avec des ensembles de données massives (mégadonnées, Big Data), en soulignant les principaux problèmes éthiques, tout en tenant compte de la législation de l'Union européenne. Après une brève Introduction au Big Data, la section Technologie présente les applications spécifiques de la recherche. Il suit une approche des principales questions philosophiques spécifiques dans Aspects philosophiques, et Aspects juridiques en soulignant les problèmes éthiques spécifiques du règlement de l'UE sur la protection des données (...)
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  12. Consent and the Mere Means Principle.Samuel Kahn - 2022 - Journal of Value Inquiry:1-19.
    Kant’s Formula of Humanity can be analyzed into two parts. One is an injunction to treat humanity always as an end. The other is a prohibition on using humanity as a mere means. The second is often referred to as the FH prohibition or the mere means prohibition. It has become popular to interpret this prohibition in terms of consent. The idea is that, if X uses Y's humanity as a means and Y does not consent to it, (...)
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  13. Implicit Social Cognition.Shannon Spaulding - forthcoming - In The Routledge Handbook of Philosophy of Implicit Cognition. Routledge.
    Positing implicit social cognitive processes is common in the social cognition literature. We see it in discussions of theories of mentalizing, empathy, and infants' social-cognitive capacities. However, there is little effort to articulate what counts as implicit social cognition in general, so theorizing about implicit social cognition is extremely disparate across each of these sub-domains. In this paper, I argue that Michael Brownstein’s account of implicit cognition promises to be a fruitful, unifying account of implicit (...)
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  14. Informed Consent: What Must Be Disclosed and What Must Be Understood?Joseph Millum & Danielle Bromwich - 2021 - American Journal of Bioethics 21 (5):46-58.
    Over the last few decades, multiple studies have examined the understanding of participants in clinical research. They show variable and often poor understanding of key elements of disclosure, such as expected risks and the experimental nature of treatments. Did the participants in these studies give valid consent? According to the standard view of informed consent they did not. The standard view holds that the recipient of consent has a duty to disclose certain information to the profferer of (...)
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  15. Epistemic Consent and Doxastic Justification.Luis Oliveira - 2022 - In Paul Silva & Luis R. G. Oliveira (eds.), Propositional and Doxastic Justification: New Essays on their Nature and Significance. New York: Routledge. pp. 286-312.
    My starting point is what I call the Normative Authority Conception of justification, where S is justified in their belief that p at t (to some degree n) if and only if their believing that p at t is not ruled out by epistemic norms that have normative authority over S at t. With this in mind, this paper develops an account of doxastic justification by first developing an account of the normative authority of epistemic norms. Drawing from work in (...)
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  16. Understanding Implicit Bias: Putting the Criticism into Perspective.Michael Brownstein, Alex Madva & Bertram Gawronski - 2020 - Pacific Philosophical Quarterly 101 (2):276-307.
    What is the status of research on implicit bias? In light of meta‐analyses revealing ostensibly low average correlations between implicit measures and behavior, as well as various other psychometric concerns, criticism has become ubiquitous. We argue that while there are significant challenges and ample room for improvement, research on the causes, psychological properties, and behavioral effects of implicit bias continues to deserve a role in the sciences of the mind as well as in efforts to understand, and (...)
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  17. Sexual Consent and Lying About One’s Self.Jennifer Matey - 2021 - Philosophy and Phenomenological Research 102 (2):380-400.
    Philosophy and Phenomenological Research, EarlyView. 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, as well (...)
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  18. Why implicit attitudes are (probably) not beliefs.Alex Madva - 2016 - Synthese 193 (8).
    Should we understand implicit attitudes on the model of belief? I argue that implicit attitudes are (probably) members of a different psychological kind altogether, because they seem to be insensitive to the logical form of an agent’s thoughts and perceptions. A state is sensitive to logical form only if it is sensitive to the logical constituents of the content of other states (e.g., operators like negation and conditional). I explain sensitivity to logical form and argue that it is (...)
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  19. Implicit Bias as Mental Imagery.Bence Nanay - 2021 - Journal of the American Philosophical Association 7 (3):329-347.
    What is the mental representation that is responsible for implicit bias? What is this representation that mediates between the trigger and the biased behavior? My claim is that this representation is neither a propositional attitude nor a mere association. Rather, it is mental imagery: perceptual processing that is not directly triggered by sensory input. I argue that this view captures the advantages of the two standard accounts without inheriting their disadvantages. Further, this view also explains why manipulating mental imagery (...)
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  20. Consent by residence: A defense.Stephen Puryear - 2021 - European Journal of Political Theory 20 (3):529-546.
    The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining (...)
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  21. Implicit Bias, Character and Control.Jules Holroyd & Daniel Kelly - 2016 - In Alberto Masala & Jonathan Webber (eds.), From Personality to Virtue: Essays on the Philosophy of Character. Oxford: Oxford University Press UK. pp. 106-133.
    Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated.[4] We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have (...)
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  22. Implicit Bias: from social structure to representational format.Josefa Toribio - 2018 - Theoria : An International Journal for Theory, History and Fundations of Science 33 (1):41-60.
    In this paper, I argue against the view that the representational structure of the implicit attitudes responsible for implicitly biased behaviour is propositional—as opposed to associationist. The proposal under criticism moves from the claim that implicit biased behaviour can occasionally be modulated by logical and evidential considerations to the view that the structure of the implicit attitudes responsible for such biased behaviour is propositional. I argue, in particular, against the truth of this conditional. Sensitivity to logical and (...)
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  23. 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 (...)
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  24. Introducing Implicit Bias: Why this Book Matters.Erin Beeghly & Alex Madva - 2020 - In Erin Beeghly & Alex Madva (eds.), An Introduction to Implicit Bias: Knowledge, Justice, and the Social Mind. New York, NY, USA: Routledge. pp. 1-19.
    Written by a diverse range of scholars, this accessible introductory volume asks: What is implicit bias? How does implicit bias compromise our knowledge of others and social reality? How does implicit bias affect us, as individuals and participants in larger social and political institutions, and what can we do to combat biases? An interdisciplinary enterprise, the volume brings together the philosophical perspective of the humanities with the perspective of the social sciences to develop rich lines of inquiry. (...)
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  25. Implicit bias, ideological bias, and epistemic risks in philosophy.Uwe Peters - 2018 - Mind and Language 34 (3):393-419.
    It has been argued that implicit biases are operative in philosophy and lead to significant epistemic costs in the field. Philosophers working on this issue have focussed mainly on implicit gender and race biases. They have overlooked ideological bias, which targets political orientations. Psychologists have found ideological bias in their field and have argued that it has negative epistemic effects on scientific research. I relate this debate to the field of philosophy and argue that if, as some studies (...)
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  26. Implicit Bias, Moods, and Moral Responsibility.Alex Madva - 2017 - Pacific Philosophical Quarterly 99 (S1):53-78.
    Are individuals morally responsible for their implicit biases? One reason to think not is that implicit biases are often advertised as unconscious, ‘introspectively inaccessible’ attitudes. However, recent empirical evidence consistently suggests that individuals are aware of their implicit biases, although often in partial and inarticulate ways. Here I explore the implications of this evidence of partial awareness for individuals’ moral responsibility. First, I argue that responsibility comes in degrees. Second, I argue that individuals’ partial awareness of their (...)
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  27. Consenting to Geoengineering.Pak-Hang Wong - 2016 - Philosophy and Technology 29 (2):173-188.
    Researchers have explored questions concerning public participation and consent in geoengineering governance. Yet, the notion of consent has received little attention from researchers, and it is rarely discussed explicitly, despite being prescribed as a normative requirement for geoengineering research and being used in rejecting some geoengineering options. As it is noted in the leading geoengineering governance principles, i.e. the Oxford Principles, there are different conceptions of consent; the idea of consent ought to be unpacked more carefully (...)
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  28. 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 (...)
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  29. 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; (...)
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  30. A Euthyphro Problem for Consent Theory.Jonathan Ichikawa - forthcoming - In Georgi Gardiner & Micol Bez (eds.), The Philosophy of Sexual Violence. Routledge.
    Consent theory in sexual ethics, Jonathan Ichikawa argues, has a Euthyphro problem. -/- It is widely held that sexual violations are explicable in terms of nonconsensual sexual contact. But a notion of consent adequate to explain many moral judgments typical of sexual ethics — a notion that vindicates the idea that consent cannot be coerced, that it must be sober, that children cannot consent to sex with adults, etc. — cannot, Ichikawa argues, be articulated, motivated, or (...)
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  31. 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 (...)
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  32. 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.
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  33. Implicit attitudes and awareness.Jacob Berger - 2020 - Synthese 197 (3):1291-1312.
    I offer here a new hypothesis about the nature of implicit attitudes. Psy- chologists and philosophers alike often distinguish implicit from explicit attitudes by maintaining that we are aware of the latter, but not aware of the former. Recent experimental evidence, however, seems to challenge this account. It would seem, for example, that participants are frequently quite adept at predicting their own perfor- mances on measures of implicit attitudes. I propose here that most theorists in this area (...)
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  34. 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. (...)
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  35. 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 (...)
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  36. 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 (...)
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  37. 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 (...)
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  38. Accessibility, implicit bias, and epistemic justification.Josefa Toribio - 2018 - Synthese 198 (Suppl 7):1529-1547.
    It has recently been argued that beliefs formed on the basis of implicit biases pose a challenge for accessibilism, since implicit biases are consciously inaccessible, yet they seem to be relevant to epistemic justification. Recent empirical evidence suggests, however, that while we may typically lack conscious access to the source of implicit attitudes and their impact on our beliefs and behaviour, we do have access to their content. In this paper, I discuss the notion of accessibility required (...)
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  39. Implicit Bias, Character and Control.Jules Holroyd & Dan Kelly - 2016 - In Alberto Masala & Jonathan Webber (eds.), From Personality to Virtue: Essays on the Philosophy of Character. Oxford: Oxford University Press UK.
    Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated.[4] We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have (...)
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  40. Collective Implicit Attitudes: A Stakeholder Conception of Implicit Bias.Carole J. Lee - 2018 - Proceedings of the 40th Annual Cognitive Science Society.
    Psychologists and philosophers have not yet resolved what they take implicit attitudes to be; and, some, concerned about limitations in the psychometric evidence, have even challenged the predictive and theoretical value of positing implicit attitudes in explanations for social behavior. In the midst of this debate, prominent stakeholders in science have called for scientific communities to recognize and countenance implicit bias in STEM fields. In this paper, I stake out a stakeholder conception of implicit bias that (...)
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  41. Not What I Agreed To: Content and Consent.Emily C. R. Tilton & Jonathan Ichikawa - 2021 - Ethics 132 (1):127–154.
    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 (...)
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  42. 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 (...)
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  43. Common Consent Arguments for Belief in God.Marcus Hunt - 2022 - Dialogue: A Journal of Philosophy and Religion (58):17-22.
    A popular introduction to common consent arguments for belief in God.
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  44. The Heterogeneity of Implicit Bias.Jules Holroyd & Joseph Sweetman - 2016 - In Michael Brownstein & Jennifer Mather Saul (eds.), Implicit Bias and Philosophy, Volume 1: Metaphysics and Epistemology. Oxford, United Kingdom: Oxford University Press.
    The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these (...)
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  45. 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 (...)
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  46. Conceptual Centrality and Implicit Bias.Del Pinal Guillermo & Spaulding Shannon - 2018 - Mind and Language 33 (1):95-111.
    How are biases encoded in our representations of social categories? Philosophical and empirical discussions of implicit bias overwhelmingly focus on salient or statistical associations between target features and representations of social categories. These are the sorts of associations probed by the Implicit Association Test and various priming tasks. In this paper, we argue that these discussions systematically overlook an alternative way in which biases are encoded, that is, in the dependency networks that are part of our representations of (...)
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  47. Respect for autonomy: Consent doesn’t cut it.Jonathan Lewis - 2023 - Clinical Ethics 18 (2):139-141.
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  48. 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, (...)
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  49. Contrastive Consent and Secondary Permissibility.Theron Pummer - 2023 - Philosophy and Phenomenological Research 106 (3):677-691.
    Consider three cases: -/- Turn: A trolley is about to kill five innocent strangers. You can turn the trolley onto me, saving the five and killing me. -/- Hurl: A trolley is about to kill five innocent strangers. You can hurl me at the trolley, saving the five and paralyzing me. -/- TurnHurl: A trolley is about to kill five innocent strangers. You can turn the trolley onto me, saving the five and killing me. You can instead hurl me at (...)
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  50. 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 (...)
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