The Ethics of Consent

Canadian Journal of Philosophy, Supplementary Volume 8:91-118 (1982)
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Abstract

We would not be far wide of the mark if we suggested that the prevailing social ideology is structured round the presumption that interpersonal and political relationships ought to be, and for the most part are, based on the mutual consent of the parties involved. Liberal democratic theory has secured for consent a crucial role in the justification of political obligation and authority. In law, the maximvolenti non fit injuria,to the one who consents no wrong is done, constitutes a defence in cases where one person invades the interests of another. In the bioethical field, there is a preoccupation with the formulation of a standard of ‘informed consent’ in patient-doctor and subject-researcher relationships. And in the broader domain of ethical theory there is an influential view that consensual acts do not differ in moral quality from selfregarding behaviour.

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original Kleinig, John (1982) "The Ethics of Consent". Canadian Journal of Philosophy 12(sup1):91-118

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John Kleinig
CUNY Graduate Center

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