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Alexander, Larry, Hurd, Heidi, Westen, Peter. Consent Does Not Require Communication: A Reply to Dougherty
2016, Law and Philosophy. 35: 655-660.
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Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-Moore
Abstract: Tom Dougherty argues that consenting, like promising, requires both an appropriate mental attitude and a communication of that attitude.Thus, just as a promise is not a promise unless it is communicated to the promisee, consent is not consent unless it is communicated to the relevant party or parties. And those like us, who believe consent is just the attitude, and that it can exist without its being communicated, are in error. Or so Dougherty argues. We, however, are unpersuaded. We believe Dougherty is right about promises, but wrong about consent. Although each of us gives a slightly different account of the attitude that constitutes consent, we all agree that consent is constituted by that attitude and need not be communicated in order to alter the morality of another’s conduct.

Comment (from this Blueprint): The authors argue that consent is an attitude, rather than an act of communication. They give two examples to support this view where the communication of consent doesn’t occur or goes wrong somehow, but nonetheless (they claim) it is intuitively a consensual interaction.

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Herzog, Lisa, Frauke Schmode. ‘But it’s your job!’ The moral status of jobs and the dilemma of occupational duties
2022, Critical Review of International Social and Political Philosophy, (Available Online)
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Added by: Deryn Mair Thomas
Abstract:

Do individuals have moral duties to fulfil all the demands of their jobs? In this paper, we discuss how to understand such ‘occupational duties’ and their normative bases, with a specific focus on duties that go beyond contractually agreed upon duties. Against views that reduce occupational duties to contractual duties, we argue that they often have greater moral weight, based on skills, roles, and the duty of social cooperation. We discuss what it would take to make sure that individuals are not unfairly overburdened by such occupational duties, distinguishing between choice conditions (voluntariness, availability of alternatives, full information) and conditions concerning the role and the social structures within which such duties are embedded (feasible role design, existence of support structures, employee voice). These conditions, however, are not fulfilled for many existing jobs, especially for jobs typically occupied by structurally disadvantaged groups such as women or ethnic minorities. This leads to a dilemma between the claims of those who depend on the occupational duties to be fulfilled, and the rights of those who hold these occupations and are unfairly overburdened. We conclude by arguing for the need for structural reform to dissolve this dilemma.

Comment: This paper explores important questions relating to duties within employment and has a wide range of implications for workplace justice. It offers an interesting discussion on the moral weight of such duties and connects the obligation to perform duties to the requirements of social cooperation, drawing on Kim Brownlee's 'moral roles thesis' and her work on conscience and conviction. It would therefore be useful in the context of philosophical courses on a handful of broader subjects, including but not limited to social justice, feminist ethics, applied ethics, and philosophy of work, as well as some introductory contexts studying more traditional political philosophy on obligation and duty. (The article contains some technical language, and is an intermediate to advanced level of difficulty, so if used in intro contexts, might be limited to advanced students or suggested as further reading for students who are working on specific projects/papers.)

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Hurd, Heidi. The Moral Magic of Consent
1996, Legal Theory 2(2): 121-146.
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Added by: Carl Fox
Abstract: We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of others

Comment: Good introduction to the topic of consent as it makes clear both how strange it is as a power and how pervasive it is in our moral practices. Goes on to provide an interesting argument for consent as a subjective mental state and offers an account of what that might be. Could support a lecture or seminar on consent, or would make good further reading if the topic is only touched on briefly.

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Vredenburgh, Kate. The Right to Explanation
2021, Journal of Political Philosophy 30 (2):209-229
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Added by: Deryn Mair Thomas
Abstract:

This article argues for a right to explanation, on the basis of its necessity to protect the interest in what I call informed self- advocacy from the serious threat of opacity. The argument for the right to explanation proceeds along the lines set out by an interest- based account of rights (Section II). Section III presents and motivates the moral importance of informed self- advocacy in hierarchical, non- voluntary institutions. Section IV argues for a right to so- called rule- based normative and causal explanations, on the basis of their necessity to protect that interest. Section V argues that this protection comes at a tolerable cost.

Comment: This paper asserts a right to explanation grounded in an interest in informed self-advocacy, the term the author uses to describe a cluster of abilities to represent one's interests and values to decision-makers and to further those interests and values within an institution. Vredenburgh also argues that such form of self-advocacy are necessary for hierarchical, non-voluntary institutions to be legitimate and fair - and it is on these grounds that a person may reasonably reject insitutional set-ups that prevent them from engaging in these abilities. In this sense, Vredenburgh's argument applies to a broader set of problems then simply algorithmic opacity - they may feasibly be applied to cases in which systems (such as bureacratic ones) deny an individual this right to explanation. Therefore, this paper presents an argument which would be useful as further or specialised reading in a variety of classroom contexts, including courses or reading groups addressing technological and algorithmic ethics, basic political rights, bureacratic ethics, as well as more general social and political philosophical courses. It might be interesting, for example, to use it to in an introductory social/political course to discuss with students some of the ethical questions that are particular to a 21st century context. As systems become more complex and individuals become further removed from the institutional decision-making that guides/rules/directs their lives, what right do we have to understand the processes that condition our experience? In what other situations might these rights become challenged?

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