Keiser, J (2022) The Case for Consent Pluralism. Journal of Ethics and Social Philosophy, 21 (1). pp. 24-48. ISSN 1559-3061
Abstract
A longstanding debate regarding the nature of consent has marked a tri-fold division among philosophical and legal theorists according to whether they take consent to be a type of mental state, a form of behaviour, or some hybrid of the two. Theorists on all sides acknowledge that ordinary language cannot serve as a guide to resolving this ontological question, given the polysemy of the word “consent” in ordinary language. Similar observations have been noted about the function of consent in the law and use of the word “consent” in legal contexts. This paper makes a parallel argument regarding consent’s characteristic normative role: roughly, to transform moral prohibitions into permissions. This role is neither unique nor essential to any one particular kind of thing, be it a mental state, form of behaviour, or hybrid of the two—rather, it is played by mental states and behaviour in independent and context-sensitive ways. The upshot is that insofar as we are interested in its normative implications, we ought to adopt a pluralistic approach to consent which gives independent weight to the moral contributions of facts about mental states and facts about behaviour relative to a context.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2022 Author. This is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND 4.0). |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Arts, Humanities and Cultures (Leeds) > School of Philosophy, Religion and History of Science (Leeds) > School of Philosophy (Leeds) |
Funding Information: | Funder Grant number EU - European Union 845374 |
Depositing User: | Symplectic Publications |
Date Deposited: | 30 Jun 2021 09:02 |
Last Modified: | 25 Jun 2023 22:42 |
Status: | Published |
Publisher: | University of Southern California |
Identification Number: | 10.26556/jesp.v21i1.1303 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:175707 |