Voluntariness is a necessary condition of valid consent. But
determining whether a person consented voluntarily can be difficult,
especially when people are subjected to coercion or manipulation,
placed in a situation with no acceptable alternative other than to
consent to something, or find themselves in an abusive relationship.
This book presents a novel view on the voluntariness of consent,
especially medical consent, which the author calls Interpersonal
Consenter-Consentee Justification (ICCJ). According to this view,
consent is voluntary if and only if the process by which it has been
obtained aligns with specific principles of interpersonal
justification. ICCJ is distinctive because it explains voluntary
consent neither as a âpsychologicalâ concept indicative of the
inner states of a personâs mind (e.g. willingness or reluctance) nor
as a âcircumstantialâ concept indicative of a personâs set of
options. Rather, ICCJ explains the voluntariness of consent as an
âinterpersonalâ concept focusing on the interaction between the
person giving consent and the person receiving it and requiring the
absence of illegitimate control by the consent-receiver. In so doing,
ICCJ further develops the notion of interpersonal justification, known
from contractualist theories in moral philosophy, and introduces it to
the debate on consent. The author employs a top-down approach,
defending ICCJâs key characteristics on the basis of general
theoretical arguments, as well as a bottom-up approach, supporting
ICCJ in its application to clinical challenges such as nudging and
manipulation, living organ donation, and clinical trials. Voluntary
Consent will appeal to researchers and advanced students in normative
ethics, bioethics, philosophy of law, behavioural psychology, and
medicine.
Les mer
Theory and Practice
Produktdetaljer
ISBN
9781000851892
Publisert
2023
Utgave
1. utgave
Utgiver
Taylor & Francis
SprĂĽk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter