The Ethics of Consent: Theory and Practice - download pdf or read online

By Franklin Miller, Alan Wertheimer

ISBN-10: 0195335147

ISBN-13: 9780195335149

Consent is a easy element of the ethics of human family members, making permissible quite a lot of behavior that will rather be wrongful. Consent marks the variation among slavery and employment, permissible sexual relatives and rape, borrowing or promoting and robbery, scientific therapy and battery, participation in examine and being a human guinea pig. This e-book assembles the contributions of a exceptional staff of students about the ethics of consent in thought and perform. half One addresses theoretical views at the nature and ethical strength of consent, and its courting to key moral ideas, similar to autonomy and paternalism. half examines consent in a extensive diversity of contexts, together with sexual family members, contracts, promoting organs, political legitimacy, medication, and study.

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Sample text

Plato was in fact the principal critic of the idea that government is legitimated by the consent of the governed as well as the author of a major alternative to that idea. Most writers in the Greek traditions that preceded Plato assumed that the primary purpose of government is to enable all those involved in or affected by it—the governed as well as the governors—to pursue their worldly interests effectively. For Plato, by contrast, the purpose of government ideally is to cultivate an order in the city (which for him was the natural locus of the political association) and, even more important, in the soul, that accords with the divine, natural form of justice.

19 Marsilius of Padua, too, argued that government can be made legitimate only by consent of the governed. Marsilius specifically considers the Platonic claim that superior wisdom confers an entitlement to rule and specifically rejects that claim. 20 We find a similar viewpoint in the writings of many canon lawyers and legal commentators of the era, in part because of the resurgent influence of Roman legal writings. 21 Glanvill understood the central principle of the Roman constitution to be the doctrine that the populus is the sole source of law, and he believed that this principle applied as fully to English institutions as to Roman ones.

Where consent is called for and refusal to consent is easily signified, then acquiescence might reasonably be taken to constitute consent. But in cases in which it may be costly to refuse consent, acquiescence may not always be taken to signify consent. The case is discussed in Westen, The Logic of Consent, 1–2. I assume of course that there were not other features of the situation (for example, participation in the making of the pornographic movie) that were coercive. For two good discussions of the subtleties of consent in sexual contexts, see Stephen J.

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The Ethics of Consent: Theory and Practice by Franklin Miller, Alan Wertheimer


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