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The Moral Limits of the Criminal Law Volume 3: Harm to Self$
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Joel Feinberg

Print publication date: 1989

Print ISBN-13: 9780195059236

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195059239.001.0001

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Failures of Consent: Incapacity

Failures of Consent: Incapacity

(p.316) 26 Failures of Consent: Incapacity
The Moral Limits of the Criminal Law Volume 3: Harm to Self

Joel Feinberg

Oxford University Press

In addition to force and defective beliefs, there are forms of moral and legal incapacity that may make an individual incapable of validly consenting to specific agreement because of various internal deficiencies of his own. Voluntariness‐reducing incapacity may be either volitional or cognitive, and it may be the product of either external factors or undeveloped or impaired faculties. The voluntariness‐reducing incapacities can be divided in respect to their durability into two major classes, those thought to be permanent impairments and those deemed merely temporary, and a third overlapping category for alternating or recurring impairments.

Keywords:   consent, incapacity, voluntariness

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