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The Ethics of ConsentTheory and Practice$
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Franklin Miller and Alan Wertheimer

Print publication date: 2009

Print ISBN-13: 9780195335149

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195335149.001.0001

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Consent to Sexual Relations

Consent to Sexual Relations

(p.195) 8 Consent to Sexual Relations
The Ethics of Consent

Alan Wertheimer

Oxford University Press

This chapter focuses on the question of when a person's consent to sexual relations is morally transformative. For example, if one consents while intoxicated or after one has been deceived, is it permissible for the other party to proceed? It develops a general account of the criteria of moral transformative consent (CMT), a set of criteria that itself can take two forms: the criteria of morally transformative consent for the law (CMTL) and the criteria of morally transformative consent for morality (CMTM). Both versions of CMT are moral criteria, but the criteria that indicate when consent should—as a moral matter—be regarded as legally permissible are not identical to the criteria that indicate when a person's consent renders another's action morally permissible.

Keywords:   consent, sexual relations, morally transformative, CMT, moral criteria

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