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Consenting under third-party coercion

Publikationstyp
Journal Article
Date Issued
2021
Sprache
English
Author(s)
Kiener, Maximilian  
TORE-URI
http://hdl.handle.net/11420/15280
Journal
Journal of moral philosophy  
Volume
24
Issue
6
Start Page
1
End Page
29
Citation
Journal of Moral Philosophy 24 (6): 1-29 (2021)
Publisher DOI
10.1163/17455243-20213548
Scopus ID
2-s2.0-85119331810
This paper focuses on consent and third-party coercion, viz. cases in which a person consents to another person performing a certain act because a third party coerced her into doing so. I argue that, in these cases, the validity of consent depends on the behavior of the recipient of consent rather than the third party's coercion taken separately, and I will specify the conditions under which consent is invalid. My view, which is a novel version of what I call a Recipient-Focus-View, holds that coercion invalidates consent only if consent was 'obtained by' coercion, but not if consent was 'merely motivated by' coercion. I explain and support my view on the basis that it best reconciles an unnoticed tension between two fundamental principles in the debate on consent (which I call the Coercion Principle and the Permissibility Principle) and that it can deal with cases that undermine other Recipient-Focus-Views.
Subjects
Autonomy
Consent
Responsibility
Third-party coercion
Voluntariness
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