Consent Under Pressure: The Puzzle of Third Party Coercion

Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that are legitimate. Illegitimate controlling third party threats render consent invalid just as they do in two party cases. However, knowing that the consent is invalid is not sufficient to tell the recipient of consent what she may or should do. I argue that when presented with a token of consent from someone whom she thinks is experiencing an illegitimate controlling threat, the recipient may act on that token if and only if doing so represents a reasonable joint decision for her and the victim of coercion. The appropriate action for someone faced with third party coercion therefore depends on the other options open to her and those open to the victim of coercion.     

Consent's Been Framed: When Framing Effects Invalidate Consent and How to Validate It Again

In this article I will argue first that if ignorance poses a problem for valid consent in medical contexts then framing effects do too, and second that the problem posed by framing effects can be solved by eliminating those effects. My position is thus a mean between two mistaken extremes. At one mistaken extreme, framing effects are so trivial that they never impinge on the moral force of consent. This is as mistaken as thinking that ignorance is so trivial that it never impinges on the moral force of consent. At the other mistaken extreme, framing effects are so serious that their existence shows that consent has no independent moral force. This is as mistaken as the idea that ignorance is so serious that its existence shows that consent has no independent moral force. I will argue that, instead of endorsing either of these mistaken extreme views, we should instead endorse a moderate view according to which framing effects sometimes pose a serious challenge for the validity of consent, just as ignorance does, but one which we can solve by eliminating the effect, just as we can solve the problem of ignorance by eliminating it.     

Respectful Lying

I argue that there are instances in which lying to an innocent and generally competent person respects her autonomy, contrary to arguments by Christine Korsgaard and Onora O’Neill. These authors say that respect for a person’s autonomy requires treating her in a way consistent with the possibility of consent, but I contend that the possibility of consent condition is unworkable. I maintain that lying can respect individual autonomy when being truthful to a person undermines her choices and lying gets her what she would reasonably see herself as having most reason to choose in the circumstances. I make my case by reflecting on lying invitations to a surprise party and on negotiation phenomena.     

Right in some respects: reasons as evidence

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that she ought to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it.     

How permissive consent works

Consent that is voluntary, informed and given by a competent person sometimes transforms a wrong into a right act. How does consent that meets these requirements change the moral property of an act, namely that of being a wronging of a person? This is the question this paper will deal with. Some authors argue that valid consent changes the moral property of an act by changing the reasons which speak against the act. This account of the normative force of consent will be critically examined and rejected. An alternative model will then be put forward and defended according to which consent changes the moral property of an act if and only if the wrong-making property of the act is that it is not consented to. The upshot will be that consent does not eliminate the wrong-making property if the unconsented act is wrong for other reasons than not being consented to.     

Precedent Autonomy and Subsequent Consent

Honoring a living will typically involves treating an incompetent patient in accord with preferences she once had, but whose objects she can no longer understand. How do we respect her “precedent autonomy” by giving her what she used to want? There is a similar problem with “subsequent consent”: How can we justify interfering with someone's autonomy on the grounds that she will later consent to the interference, if she refuses now? Both problems arise on the assumption that, to respect someone's autonomy, any preferences we respect must be among that person's current preferences. I argue that this is not always true. Just as we can celebrate an event long after it happens, so can we respect someone's wishes long before or after she has that wish. In the contexts of precedent autonomy and subsequent consent, the wishes are often preferences about which of two other, conflicting preferences to satisfy. When someone has two conflicting preferences, and a third preference on how to resolve that conflict, to respect his autonomy we must respect that third preference. People with declining competence may have a resolution preference earlier, favoring the earlier conflicting preference (precedent autonomy), whereas those with rising competence may have it later, favoring the later conflicting preference (subsequent consent). To respect autonomy in such cases we must respect not a current, but a former or later preference.     

Teichman, Freedom of Expression and the Public Platform

ABSTRACT In the course of her defence of German protesters against Peter Singer's lectures, Jenny Teichman claims that the right to make use of a public platform is not covered by the principle of freedom of expression. I argue that this view is mistaken, and that she is also wrong to focus on whether Singer deserved a public platform. Instead I suggest that what matters is whether there was an attempt to prevent communication between a speaker and willing hearers. But I agree with Teichman that there are some relevant differences between speaking from a public platform and speaking privately. In particular I argue that protesters have a right, though not one based on freedom of expression, to interrupt a public speaker. Such a right is on a par with the speaker's freedom to draw public attention to the fact that she has opinions which she thinks worthy of a hearing, and in exercising it a protester must not prevent those who wish to hear the speech from doing so. Finally I offer an argument against the view that disrupting Singer's lectures could be seen as a justified interference with freedom of expression.     

The alluringness of desire

In her book, Unprincipled Virtue, Nomy Arpaly is suspicious of reflective endorsement or deliberative rationality views of agency, those which tie the possibility of responsibility and moral blame to the conscious exercise of deliberation and reflection, and which require as a condition of blame- or praise- worthiness an agent's explicit commitment to ethical principles. I am in sympathy with her attack on standard autonomy theories, but argue that she confuses the phenomenon of unknowing and unreflective responsiveness to the right-making features of an action with incomplete and merely provisional commitment to principles and maxims of action, and argue that she is often arguing against straw men. I also argue that she has misinterpreted the fascinating literary examples she adduces to make her case.     

Reliable but not home free? What framing effects mean for moral intuitions

Various studies show moral intuitions to be susceptible to framing effects. Many have argued that this susceptibility is a sign of unreliability and that this poses a methodological challenge for moral philosophy. Recently, doubt has been cast on this idea. It has been argued that extant evidence of framing effects does not show that moral intuitions have an unreliability problem. I argue that, even if the extant evidence suggests that moral intuitions are fairly stable with respect to what intuitions we have, the effect of framing on the strength of those intuitions still needs to be taken into account. I argue that this by itself poses a methodological challenge for moral philosophy.     

Acting and Believing Under the Guise of Normative Reasons

In this paper, I defend an account of the reasons for which we act, believe, and so on for any Ф such that there can be reasons for which we Ф. Such reasons are standardly called motivating reasons. I argue that three dominant views of motivating reasons (psychologism, factualism and disjunctivism) all fail to capture the ordinary concept of a motivating reason. I show this by drawing out three constraints on what motivating reasons must be, and demonstrating how each view fails to satisfy at least one of these constraints. I then propose and defend my own account of motivating reasons, which I call the Guise of Normative Reasons Account. On the account I defend, motivating reasons are propositions. A proposition is the reason for which someone Ф‐s when (a) she represents that proposition as a normative reason to Ф, and (b) her representation explains, in the right way, her Ф‐ing. As I argue, the Guise of Normative Reasons Account satisfies all three constraints on what motivating reasons must be, and weathers several objections that might be leveled against propositionalist views.     

Weakness of Will

My chief aim is to explain how someone can act freely against her own best judgment. But I also have a second aim: to defend a conception of practical rationality according to which someone cannot do something freely if she believes it would be better to do something else. These aims may appear incompatible. But I argue that practical reason has the capacity to undermine itself in such a way that it produces reasons for behaving irrationally. Weakness of will is possible because it is possible to conclude that one has sufficient reason to reject the verdicts of one's own reason.     

Can Virtuous People Emerge from Tragic Dilemmas Having Acted Well?

abstract   A tragic dilemma is thought to arise when an agent, through no fault of her own, finds herself in a situation where she must choose between two courses of action, both of which it would be wrong to undertake. I focus on tragic dilemmas that are resolvable, that is, where a reason can be given in favour of one course of action over another, and my aim is to examine whether Hursthouse's virtue-ethical account of right action succeeds in avoiding two problems presented by tragic dilemmas. The first of these is that they produce the seemingly contradictory conclusion that an agent, in doing what she ought to do, acts wrongly, making it appropriate for her to feel guilt. The second is the paradox of moral luck, which consists in the conflict between the intuition that an agent cannot be held responsible for actions that are not fully voluntary, and the fact that she may nevertheless believe that she has done something morally reprehensible. I argue that if we accept Hursthouse's separation of action guidance and action assessment, her account succeeds in solving the problem of contradiction. However, it does not completely avoid the problem of moral luck. I argue, against Hursthouse, that the virtuous agent can emerge from a tragic dilemma having acted well, and that this is the conclusion we must arrive at if we want to avoid the problem of contradiction and of moral luck.     

Autonomy and false beliefs

The majority of current attention on the question of autonomy has focused on the internal reflection of the agent. The quality of an agent’s reflection on her potential action (or motivating desire or value) is taken to determine whether or not that action is autonomous. In this paper, I argue that there is something missing in most of these contemporary accounts of autonomy. By focusing overwhelmingly on the way in which the agent reflects, such accounts overlook the importance of what the agent is reflecting upon. Whichever of these current formulations of autonomy we accept, reflection could be undertaken in full accordance with the conditions set, and yet the action fail to be autonomous. This will occur, I argue, if the agent is mistaken about the object of her reflection. More precisely, if she has a particular kind of false belief about the action she is contemplating undertaking, then no amount of reflection can render that action autonomous. This suggests the need for externalist conditions to be incorporated into an account of autonomy.     

Nature and Nurture: A False Dichotomy?

Nancy Tuana holds that the nature/nurture dichotomy does not accurately represent the world and hence that a whole series of assumptions about human nature is mistaken. She rejects both biological determinism and alternative interactionist views. I argue that although her arguments and political concerns do rule out any kind of simple biological determinism, they do not show that the alternative interactionist view is untenable: in fact, she uses the distinction in her attempt to demolish it. 1 argue that the assumption that “nature” implies fixity is the source of difficulties here, not the dichotomy itself.     

Do Consequentialists Have One Thought Too Many?

In this paper I defend consequentialism against the objection that consequentialists are alienated from their personal relationships through having inappropriate motivational states. This objection is one interpretation of Williams' claim that consequentialists will have "one thought too many". Consequentialists should cultivate dispositions to act from their concern for others. I argue that having such a disposition is consistent with a belief in consequentialism and constitutes an appropriate attitude to personal relationships. If the consequentialist has stable beliefs that friendship is justifiable in consequentialist terms, that friendship requires acting from concern for others, and furthermore if the consequentialist finds that she is concerned for others, then she will be able to form a disposition which involves acting from her concern for others without having one thought too many.     

Coerced Consent with an Unknown Future*

It is hard enough giving an account of how coercion undermines the consent of someone who knows full well the consequences of her choices. But in the wild, coerced consent is even more ethically complex because people are often unsure or misled about what will happen if they refuse to consent. In this essay, I discuss how coercion can invalidate consent under conditions of imperfect information. To explain how consent is invalidated in this way, I argue for the “Subjective Principle.” According to this principle, a sufficient condition for the invalidity of consent is that the consent-giver either believes or has a credence that they would suffer a penalty for refusing to consent, this penalty is illegitimate, and this belief or credence causes them to consent.     

The Limits of Performativity: A Critique of Hegemony in Gender Theory

Recently, Judith Butler refused to accept an award for civil courage at the Berlin Christopher Street Day, because she felt the event had become too commercial, and the event's organization had failed to distance itself from certain discriminatory statements. This, as well as many of her works, suggests that more than any other contemporary feminist author, Butler is aware of the risk of implication in exclusionary politics; a risk she might therefore successfully avoid. However, in this essay I argue that to the extent her theory of performativity has become a hegemonic framework within the field of gender studies, it leads to the foreclosure of certain possible gendered identities. Using Nancy's notion of finite thinking, I argue that a different approach to universality may lead to a less exclusionary way of conceptualizing gender.     

Flickers of Freedom and Modes of Action: A Reply to Timpe

In recent years, many incompatibilists have come to reject the traditional association of moral responsibility with alternative possibilities. Kevin Timpe argues that one such incompatibilist, Eleonore Stump, ultimately fails in her bid to sever this link. While she may have succeeded in dissociating responsibility from the freedom to perform a different action, he argues, she ends up reinforcing a related link, between responsibility and the freedom to act under a different mode. In this paper, I argue that Timpe’s response to Stump exploits concessions she need not have made. The upshot is that, contrary to what Timpe maintains, there is no reason to doubt that Stump's brand of incompatibilism is a genuine alternative to the traditional variety.