Jump to ContentJump to Main Navigation
The Moral Limits of the Criminal Law Volume 3: Harm to Self$
Users without a subscription are not able to see the full content.

Joel Feinberg

Print publication date: 1989

Print ISBN-13: 9780195059236

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195059239.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 17 June 2019

Consent and Its Counterfeits

Consent and Its Counterfeits

(p.172) 22 Consent and Its Counterfeits
The Moral Limits of the Criminal Law Volume 3: Harm to Self

Joel Feinberg

Oxford University Press

The dilemmas of legal paternalism arise in their most complicated forms in two‐party cases. Legislatures using a soft paternalistic strategy often enact laws, for instance, in the cases of suicide, drug sales, prostitution, etc., in which the reason for disallowing X's consent as a defense for Y's criminal conduct is that X's agreement must be overruled for his own good, which the state presumes to know better than he. Where actual consent can be determined at little cost, mere presumed dispositional consent will not be sufficient to transfer any responsibility to Y for X's act, or to deprive Y of his rightful grievance after the fact. Feinberg examines the nature and effect of consent, and considers when consent is problematic, in the light of the soft paternalist strategy in two‐party cases.

Keywords:   consent, paternalism, two‐party cases

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .