{"title":"性同意的社会约束","authors":"T. Dougherty","doi":"10.1177/1470594X221114620","DOIUrl":null,"url":null,"abstract":"Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the “Constraint Principle.” According to this principle, someone's consent to a sexual encounter lacks justificatory force if (i) they are consenting because withholding consent has an adverse feature, (ii) they are entitled to withhold consent without it being the case that withholding consent has this adverse feature; and (iii) it is not the case that the consent-giver has sincerely expressed that, out of the options that are available to their sexual partner, they most prefer to go through with the sexual encounter in the circumstances.","PeriodicalId":45971,"journal":{"name":"Politics Philosophy & Economics","volume":null,"pages":null},"PeriodicalIF":1.6000,"publicationDate":"2022-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Social constraints on sexual consent\",\"authors\":\"T. Dougherty\",\"doi\":\"10.1177/1470594X221114620\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the “Constraint Principle.” According to this principle, someone's consent to a sexual encounter lacks justificatory force if (i) they are consenting because withholding consent has an adverse feature, (ii) they are entitled to withhold consent without it being the case that withholding consent has this adverse feature; and (iii) it is not the case that the consent-giver has sincerely expressed that, out of the options that are available to their sexual partner, they most prefer to go through with the sexual encounter in the circumstances.\",\"PeriodicalId\":45971,\"journal\":{\"name\":\"Politics Philosophy & Economics\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.6000,\"publicationDate\":\"2022-07-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Politics Philosophy & Economics\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://doi.org/10.1177/1470594X221114620\",\"RegionNum\":2,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ETHICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Politics Philosophy & Economics","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1177/1470594X221114620","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ETHICS","Score":null,"Total":0}
Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the “Constraint Principle.” According to this principle, someone's consent to a sexual encounter lacks justificatory force if (i) they are consenting because withholding consent has an adverse feature, (ii) they are entitled to withhold consent without it being the case that withholding consent has this adverse feature; and (iii) it is not the case that the consent-giver has sincerely expressed that, out of the options that are available to their sexual partner, they most prefer to go through with the sexual encounter in the circumstances.
期刊介绍:
Politics, Philosophy & Economics aims to bring moral, economic and political theory to bear on the analysis, justification and criticism of political and economic institutions and public policies. The Editors are committed to publishing peer-reviewed papers of high quality using various methodologies from a wide variety of normative perspectives. They seek to provide a distinctive forum for discussions and debates among political scientists, philosophers, and economists on such matters as constitutional design, property rights, distributive justice, the welfare state, egalitarianism, the morals of the market, democratic socialism, population ethics, and the evolution of norms.