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Why does duress undermine consent?

Noûs 55 (2):317-333 (2021)

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  1. Contrastive Consent and Third Party Coercion.David Enoch - 2024 - Philosophers' Imprint 24 (1).
    If Badguy threatens Goodguy with harm, and Goodguy consents to giving his money to Badguy (to avoid the harm), Goodguy’s consent is invalid because coerced. But if under Badguy’s coercive threat Goodguy proceeds to consent to paying someone else (or to hiring a bodyguard), the consent may very well be valid. The challenge is to explain this difference. In this paper I argue that the way forward is to recognize that the content of consent is contrastive – one doesn’t just (...)
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  • Consenting Under Coercion: The Partial Validity Account.Sameer Bajaj & Patrick Tomlin - 2023 - Philosophical Quarterly 74 (3):709-731.
    How is the validity of our consent, and others’ moral permission to act on our consent affected by coercion? Everyone agrees that in cases of two-party coercion—when X coerces Y to do something with or for X—the consent of the coerced is invalid, and the coercer is not permitted to act upon the consent they receive. But coercers and the recipients of consent are not always identical. Sometimes a victim, Y, agrees to do something to, with, or for Z because (...)
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  • Consenting Under Third-Party Coercion.Maximilian Kiener - 2021 - Journal of Moral Philosophy 19 (4):361-389.
    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 (...)
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  • Coerced Consent with an Unknown Future.Tom Dougherty - 2020 - Philosophy and Phenomenological Research 103 (2):441-461.
    Philosophy and Phenomenological Research, Volume 103, Issue 2, Page 441-461, September 2021.
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  • What is a Right?Kieran Setiya - forthcoming - Australasian Journal of Philosophy.
    This paper argues for a theory of natural rights on which they are explained in terms of reasons supplied by rational consent. When B has a claim-right against A that A φ, A’s non-consent is not a reason for B not to simply make A φ. This theory solves a puzzle that defeats alternative views, including standard will and interest theories, the demand theory of rights, and the view that rights are irreducible or primitive.
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  • Exploitation’s grounding problem.Benjamin Ferguson - forthcoming - Economics and Philosophy:1-19.
    Standard accounts of what makes exploitation wrong ground its wrong in distributive unfairness: when A exploits B he wrongs her by taking a greater share of the benefits from their interaction than he ought. I argue that this standard account does not succeed; distributive unfairness is neither the sole, nor the primary wrong of exploitation. I assume that distributive unfairness is pro tanto wrong. However, I argue that in situations where transactors’ consent to a transaction is morally valid, it is (...)
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