Consent and Third-Party Coercion
Mollie Gerver
Abstract
It is commonly claimed that when X coerces Y into consenting to Z φ-ing, Y’s consent is invalid, and Z is only permitted to φ if this reduces harm or increases optionality for Y. This article demonstrates that Y’s consent in such cases is valid if Y is choosing between options that include all those Z has a duty to offer Y and no autonomy-reducing options Z has a duty to not offer Y. When these conditions are met, Z acts permissibly in φ-ing even if φ-ing does not reduce harm for Y or increase Y’s optionality.
Topics & Concepts
HarmCoercion (linguistics)DutyAutonomyLawThird partyLaw and economicsPolitical scienceInternet privacyPhilosophySociologyComputer scienceLinguisticsFree Will and AgencyPhilosophical Ethics and TheoryLaw, Economics, and Judicial Systems