Accessibility navigation

When consent doesn't work: a rights-based case for limits to consent’s capacity to legitimise

Hyams, K. (2011) When consent doesn't work: a rights-based case for limits to consent’s capacity to legitimise. Journal of Moral Philosophy, 8 (1). pp. 110-138. ISSN 1745-5243

Text - Accepted Version
· Please see our End User Agreement before downloading.


It is advisable to refer to the publisher's version if you intend to cite from this work. See Guidance on citing.

To link to this item DOI: 10.1163/174552411X549417


Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information.

Item Type:Article
Divisions:Arts, Humanities and Social Science > School of Politics, Economics and International Relations > Politics and International Relations
ID Code:29828


Downloads per month over past year

University Staff: Request a correction | Centaur Editors: Update this record

Page navigation