Voluntary Consent : Theory and Practice book cover
1st Edition

Voluntary Consent
Theory and Practice

  • Available for pre-order on February 17, 2023. Item will ship after March 10, 2023
ISBN 9781032293882
March 10, 2023 Forthcoming by Routledge
192 Pages 1 B/W Illustrations

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Book Description

Voluntariness is a necessary condition of valid consent. But determining whether a person consented voluntarily can be difficult, especially when people are subjected to coercion or manipulation, placed in a situation with no acceptable alternative other than to consent to something, or find themselves in an abusive relationship.

This book presents a novel view on the voluntariness of consent, especially medical consent, which the author calls Interpersonal Consenter-Consentee Justification (ICCJ). According to this view, consent is voluntary if and only if the process by which it has been obtained aligns with principles of interpersonal justification. ICCJ is distinctive because it explains voluntary consent neither as a ‘psychological’ concept indicative of the inner states of a person’s mind (e.g. willingness or reluctance) nor as a ‘circumstantial’ concept indicative of a person’s set of options. Rather, ICCJ explains the voluntariness of consent as an ‘interpersonal’ concept requiring the absence of illegitimate control within the interaction between the person giving consent and the person receiving it. In so doing, ICCJ further develops the notion of interpersonal justification, known from contractualist theories in moral philosophy, and introduces it to the debate on consent. The author employs a top-down approach, defending ICCJ’s key characteristics on the basis of general theoretical arguments, as well as a bottom-up approach, supporting ICCJ in its application to clinical challenges such as nudging and manipulation, living organ donation, and clinical trials.

Voluntary Consent will appeal to researchers and advanced students in normative ethics, bioethics, philosophy of law, behavioural psychology, and medicine.

Table of Contents

Part 1: A Novel Account of Voluntary Consent  1. Introduction  2. The History and Definition of Voluntariness and Consent  3. My Proposal: Interpersonal Consenter-Consentee Justification (ICCJ)  Part 2: The Theory of Voluntary Consent  4. Voluntariness and Causation  5. Voluntariness and Morality  6. Voluntariness and Coercion  Part 3: The Practice of Voluntary Consent  7. Nudging and Manipulation  8. Payment in Clinical Trials  9. Living Organ Donation  10. Conclusion

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Maximilian Kiener is a Leverhulme Early Career Fellow at the University of Oxford, UK. He is also an Associate Research Fellow of The Institute for Ethics in AI at Oxford; the ERC-project Roots of Responsibility, based at UCL; and the Oxford Uehiro Centre for Practical Ethics. His published work has appeared in journals including Philosophical Studies, The Journal of Moral Philosophy, and The Journal of Medical Ethics.