A popular belief is that whatever takes place in private between consenting adults should be allowed. This is the first book to offer a systematic philosophical examination of what might be meant by consent and what role it should play in the context of sexual activity.Investigating the adequacy of standard accounts of consent, the book criticizes an influential feminist critique of consensuality. David Archard then applies this new theoretical understanding of sexual consent to controversial topics, such as prostitution, rape, sadomasochism, and the age of consent.Written in clear, jargon-free language that combines philosophical analysis with practical discussion of real and imagined legal cases, Sexual Consent is both a provocative and fascinating study for philosophers, lawyers, and general readers.
Table of Contents
Preface and Acknowledgements, Questions of Consent, What Is Consent?, What Is Consented To?, How Is Consent Given?, Can Consent Be Revoked?, Sexual Consent, Why Does Sexual Consent Matter?, Can Sex Be Consensual?, What Should We Presume?, Are There Sexual Conventions?, Is It Necessary to Say 'Yes' to Everything?, Sexual Consensuality, What Is It About Consensuality That Makes Consensual Sex Permissible?, What Exactly Is Consensuality?, Real Consent, When Is Consent Not Really Consent?, Is the Standard View of Consent Sufficient?, Consensuality and Permissibility, What About Third Parties?, Is It Wrong to Use Someone Even with Their Consent?, Is Consensuality Enough?, Gendered Consent, Gender Inequality,, The Erotization of Dominance and Submission, Compulsory Heterosexuality, The Limits of Consensuality I: Incest, Prostitution, and Sado-masochism, Incest, Prostitution, Sado-masochism, The Limits of Consensuality II: The Age of Sexual Consent, The Background to the Debate, What Is at Stake in Fixing the Age of Sexual Majority?, Four Considerations in Determining the Age of Consent, Sexual Maturity, Intergenerational Sex, Sexual Abuse of Authority, A Single Age of Sexual Consent?, The Limits of Consensuality III: Rape, The Feminist Critique of Rape, The Act of Rape, What the Law Counts as Evidence of Consent, What the Law Counts as Evidence of the Absence of Consent, Prior or Pre-consent, The Mens Rea of Rape, Should Only 'Yes' Mean Yes?, Conclusion, Notes, Bibliography, About the Book and Author, Index
David Archard is reader in the Department of Moral Philosophy at the University of St. Andrews. He is the author of Marxism and Existentialism: The Political Philosophy of Jean-Paul Sartre and Maurice Merleau-Ponty (1980), Consciousness and the Unconscious (1984), and Children, Rights and Childhood (1993).