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Introduction

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Abstract The Introduction frames Consent Under Duress’s topic as misconduct that is constituted by acting on someone’s consent that is given under duress. The Introduction explains how the book addresses this topic using two key approaches. First, the expansive approach broadens the class of this misconduct. As well as severe interpersonal coercion, such as threats of physical violence, Consent Under Duress argues that consent is also undermined by minor duress, by duress that comes from natural causes, by duress that comes from social norms, and by duress that is merely apparent to the consent-giver with no objective basis in reality. Second, the scalar approach allows that consent can be invalidated to varying degrees. In turn, these degrees of validity track the degrees of the severity of the duress that someone is under when giving consent. The expansive and scalar approaches work in tandem. Once there is an expansion of the class of misconduct that is constituted by acting on someone’s consent that is given under duress, additional theoretical resources are then needed to draw moral distinctions within this heterogeneous class. By providing these resources, the scalar approach supplements the expansive approach. Meanwhile, once it is recognized that consent can be undermined by minor duress, it is necessary to expand the class of what constitutes misconduct that is constituted by acting on someone’s consent that is given under duress. By developing independent arguments for these mutually reinforcing approaches, Consent Under Duress offers a robust defense of their combination.
Oxford University PressOxford
Title: Introduction
Description:
Abstract The Introduction frames Consent Under Duress’s topic as misconduct that is constituted by acting on someone’s consent that is given under duress.
The Introduction explains how the book addresses this topic using two key approaches.
First, the expansive approach broadens the class of this misconduct.
As well as severe interpersonal coercion, such as threats of physical violence, Consent Under Duress argues that consent is also undermined by minor duress, by duress that comes from natural causes, by duress that comes from social norms, and by duress that is merely apparent to the consent-giver with no objective basis in reality.
Second, the scalar approach allows that consent can be invalidated to varying degrees.
In turn, these degrees of validity track the degrees of the severity of the duress that someone is under when giving consent.
The expansive and scalar approaches work in tandem.
Once there is an expansion of the class of misconduct that is constituted by acting on someone’s consent that is given under duress, additional theoretical resources are then needed to draw moral distinctions within this heterogeneous class.
By providing these resources, the scalar approach supplements the expansive approach.
Meanwhile, once it is recognized that consent can be undermined by minor duress, it is necessary to expand the class of what constitutes misconduct that is constituted by acting on someone’s consent that is given under duress.
By developing independent arguments for these mutually reinforcing approaches, Consent Under Duress offers a robust defense of their combination.

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