The Scope of Consent 1st edition by Tom Dougherty 0192647689 9780192647689

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Product details:

ISBN-10 :  0192647689 

ISBN-13 :  9780192647689

Author:  Tom Dougherty 

The scope of someone’s consent is the range of actions that they permit by giving consent. The Scope of Consent investigates the under-explored question of which normative principle governs the scope of consent. To answer this question, the book’s investigation involves taking a stance on what constitutes consent. By appealing to the idea that someone can justify their behaviour by appealing to another person’s consent, Dougherty defends the view that consent consists in behaviour that expresses a consent-giver’s will for how a consent-receiver behaves. The ultimate conclusion of the book is that the scope of consent is determined by certain evidence that bears on the appropriate interpretation of the consent.

The Scope of Consent 1st Table of contents:

1. The Question of Consent’s Scope
1.1 Framing Assumptions
1.2 Methodology
1.3 Summary
Part 1. The Mental Account
2. The Mental View
2.1 The Autonomy Argument
2.2 What Type of Mental Attitude?
2.3 Assessing the Autonomy Argument
2.4 Summary
3. The Permissive Intention Principle
3.1 Mental Content and the Scope of Consent
3.2 Intentions with Descriptive Contents
3.3 Permissive Intentions
3.4 Summary
Part II. The Successful Communication Account
4. The Behavioural View
4.1 The Publicity Argument
4.2 The Gravity of Different Wrongs
4.3 Summary
5. The Successful Communication Principle
5.1 The Control Argument
5.2 The Successful Communication Principle
5.3 Summary
6. Why We Should Reject the Uptake Condition
6.1 The Third-Party Interference Objection
6.2 The Public Commitment Objection to the Uptake Condition
6.3 Distinguishing the Wrong of Acting without Consent from Other Wrongs
6.4 Summary
7. Why We Should Reject the Intention Condition
7.1 The False Belief Objection
7.2 The Mistake Objection
7.3 Summary
Part III. The Evidential Account
8. The Expression of Will View I: Interpersonal Justification
8.1 Forfeiture, Waivers, and Consent in Interpersonal Justification
8.2 The Interpersonal Justification Argument for the Expression of Will View
8.3 Consent as Deliberately Expressing One’s Will
8.4 Summary
9. The Expression of Will View II: Two Ways to Consent
9.1 Consent via Directives
9.2 Consent via Expressing Permission
9.3 Summary
10. The Available Reliable Evidence Principle
10.1 Conventions
10.2 The Available Reliable Evidence Principle
10.3 Summary
11. The Due Diligence Principle
11.1 Duties of Due Diligence to Investigate Consent
11.2 The Due Diligence Principle for the Scope of Consent
11.3 Limitations of the Evidential Account
11.4 Summary
12. Conclusions
12.1 The Account That I Endorse: The Evidential Account
12.2 Remaining Doubts
12.3 Sexual Deception Revisited

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