Voluntary Consent: Theory and Practice

Voluntariness is a necessary condition of valid consent, but it can be difficult to determine when people are subjected to coercion or manipulation. This book presents a novel view on the voluntariness of consent, called Interpersonal Consenter-Consentee Justification (ICCJ), which explains that consent is voluntary if and only if the process by which it has been obtained aligns with specific principles of interpersonal justification. ICCJ is distinctive because it focuses on the interaction between the person giving consent and the person receiving it and requires the absence of illegitimate control by the consent-receiver. The author employs a top-down and bottom-up approach to defend ICCJ's key characteristics and apply it to clinical challenges such as nudging and manipulation, living organ donation, and clinical trials.

Format: Hardback
Length: 198 pages
Publication date: 10 March 2023
Publisher: Taylor & Francis Ltd

Voluntariness is a vital prerequisite for valid consent, yet assessing whether a person has given consent voluntarily can be challenging, particularly in situations where coercion, manipulation, limited alternatives, or abusive relationships are present. This book presents a novel perspective on the voluntariness of consent, particularly in the context of medical consent, which the author refers to as Interpersonal Consenter-Consentee Justification (ICCJ). According to ICCJ, consent is voluntary only if the process by which it is obtained aligns with specific principles of interpersonal justification.

ICCJ is distinctive in its approach to understanding voluntary consent. It does not view consent as a psychological concept solely indicative of a person's inner states or as a circumstantial concept solely reflecting their available options. Instead, ICCJ defines voluntary consent as an interpersonal concept that centers on the interaction between the consent-giver and the consent-receiver and necessitates the absence of illegitimate control by the consent-receiver. By introducing the concept of interpersonal justification, which is drawn from contractualist theories in moral philosophy, ICCJ expands the understanding of consent and contributes to the ongoing debate on this topic.

The author employs a two-fold approach to defend the key characteristics of ICCJ. Firstly, the author presents general theoretical arguments that support the viability of ICCJ. These arguments encompass considerations of autonomy, fairness, respect, and the absence of coercion. By grounding ICCJ in these theoretical foundations, the author establishes its credibility and relevance.

Secondly, the author applies ICCJ to real-world clinical challenges such as nudging, manipulation, living organ donation, and clinical trials. By examining these practical applications, the author demonstrates how ICCJ can provide guidance and clarity in determining the voluntariness of consent in various contexts. The book's insights will be of interest to researchers and advanced students in normative ethics, bioethics, philosophy of law, behavioral psychology, and medicine.

In conclusion, Voluntariness is a necessary condition for valid consent, but assessing voluntariness can be complex in situations where coercion, manipulation, or limited alternatives are present. This book presents a novel perspective on the voluntariness of consent, particularly in the medical context, through the lens of Interpersonal Consenter-Consentee Justification (ICCJ). ICCJ offers a nuanced understanding of consent as an interpersonal process that requires the absence of illegitimate control and aligns with principles of fairness and respect. By employing a top-down and bottom-up approach, the author defends the key characteristics of ICCJ and demonstrates its practical applications in clinical challenges. This book will appeal to researchers and advanced students in various disciplines interested in understanding the complexities of consent and its ethical implications.

Weight: 540g
Dimension: 229 x 152 (mm)
ISBN-13: 9781032293882