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Political philosophy. Social philosophy --- Economic sociology --- Exploitation.
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When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'.
Sexual consent. --- Sexual ethics. --- Sex and law. --- Law and sex --- Sex --- Sex crimes --- Sex ethics --- Sexual behavior, Ethics of --- Ethics --- Sexual consent --- Consent (Law) --- Sexual ethics --- Law and legislation --- Moral and ethical aspects --- Sex and law --- Arts and Humanities --- Philosophy
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Wertheimer attempts to move beyond previous theories of coercion by conducting a fairly extensive survey of the way in which cases involving coercion have been treated by American courts. This impressive project occupies the first half of the book, where he makes a convincing case that there is a fairly unified 'theory of coercion' at work in adjudication, past and present. This legal theory, however, is not entirely adequate for the purposes of social and political philosophy, and the last half of the book develops Wertheimer's more comprehensive philosophical theory.Originally published in 1988.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Duress (Law) --- PHILOSOPHY / Ethics & Moral Philosophy. --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Law and legislation
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What is the basis for arguing that a volunteer army exploits citizens who lack civilian career opportunities? How do we determine that a doctor who has sex with his patients is exploiting them? In this book, Alan Wertheimer seeks to identify when a transaction or relationship can be properly regarded as exploitative--and not oppressive, manipulative, or morally deficient in some other way--and explores the moral weight of taking unfair advantage. Among the first political philosophers to examine this important topic from a non-Marxist perspective, Wertheimer writes about ordinary experience in an accessible yet philosophically penetrating way. He considers whether it is seriously wrong for a party to exploit another if the transaction is consensual and mutually advantageous, whether society can justifiably prohibit people from entering into such a transaction, and whether it is wrong to allow oneself to be exploited. Wertheimer first considers several contexts commonly characterized as exploitive, including surrogate motherhood, unconscionable contracts, the exploitation of student athletes, and sexual exploitation in psychotherapy. In a section outlining his theory of exploitation, he sets forth the criteria for a fair transaction and the point at which we can properly say that a party has consented. Whereas many discussions of exploitation have dealt primarily with cases in which one party harms or coerces another, Wertheimer's book focuses on what makes a mutually advantageous and consensual transaction exploitive and analyzes the moral and legal implications of such exploitation.
Exploitation. --- Brodsky, Annette. --- Elster, Jon. --- Goodin, Robert. --- Gutheil, Thomas. --- Holmstrom, Nancy. --- Landes, William. --- Mill, John Stuart. --- Miller, David. --- Nagel, Thomas. --- Sidgwick, Henry. --- admiralty law. --- altruism. --- autonomy. --- bargaining range. --- coercion. --- consent. --- externalities. --- false consciousness. --- fiduciary obligations. --- hard circumstances. --- harmful exploitation. --- inalienable rights. --- incommensurability. --- just price. --- kantian maxim. --- moral force. --- objective harm. --- paternalism. --- perfectionism. --- reservation price. --- transference.
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Majorities. --- Minorities. --- Political philosophy. Social philosophy
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Consent (Law) --- Informed consent (Medical law) --- Ethics --- Medical ethics --- Informed Consent --- Interpersonal Relations --- ethics --- Biomedical ethics --- Clinical ethics --- Ethics, Medical --- Health care ethics --- Medical care --- Medicine --- Bioethics --- Professional ethics --- Nursing ethics --- Social medicine --- Consent, Informed --- Consent to treatment --- Disclosure, Medical --- Medical disclosure --- Treatment, Consent to --- Medical personnel --- Patient education --- Involuntary treatment --- Patient refusal of treatment --- Deontology --- Ethics, Primitive --- Ethology --- Moral philosophy --- Morality --- Morals --- Philosophy, Moral --- Science, Moral --- Philosophy --- Values --- Declaration of intention --- Justification (Law) --- Moral and ethical aspects --- Malpractice --- Informed Consent - ethics
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In this thirty-second annual volume in the American Society for Political and Legal Philosophy's NOMOS series, entitled Majorities and Minorities, thirteen distinguished contributors consider a diverse selection of topics. Included are essays on legitimacy of the majority, the utilitarian view of majoritarianism, majorities and elections, pluralism and equality, democratic theory, and American democracy and majority rules. Of Interest to political scientists, philosophers, and legal scholars, this collection brings together a variety of viewpoints. Each author is a leading voice within his or her specialized field.
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