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CONSENT, INTERACTION, AND THE VALUE OF SHARED UNDERSTANDING

Healey, R; (2022) CONSENT, INTERACTION, AND THE VALUE OF SHARED UNDERSTANDING. Legal Theory , 28 (1) pp. 35-58. 10.1017/S1352325222000015. Green open access

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Abstract

Recent years have seen a proliferation of philosophical work on consent. Within this body of work, philosophers often appeal to an account of the interests, values, or functions that underpin the power of consent. By far the most commonly cited value realized by the power of consent is the promotion and protection of the power-holder's autonomy. This focus on autonomy yields what I call the Gate Opener Model of consent, according to which the central valuable function of consent is to give the power-holder control over whether other people can act in certain ways. In this article, I argue that the Gate Opener Model of consent is inadequate. I then defend an alternative Relational Model of consent, according to which a central valuable function of consent is to enable a non-instrumentally valuable form of interaction between people.

Type: Article
Title: CONSENT, INTERACTION, AND THE VALUE OF SHARED UNDERSTANDING
Open access status: An open access version is available from UCL Discovery
DOI: 10.1017/S1352325222000015
Publisher version: https://doi.org/10.1017/S1352325222000015
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities > Dept of Philosophy
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL
URI: https://discovery.ucl.ac.uk/id/eprint/10151209
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