Chapter

Failures of Consent: Defective Belief

Joel Feinberg

in The Moral Limits of the Criminal Law Volume 3: Harm to Self

Published in print August 1989 | ISBN: 9780195059236
Published online November 2003 | e-ISBN: 9780199869473 | DOI: http://dx.doi.org/10.1093/0195059239.003.0009
Failures of Consent: Defective Belief

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Deficient or mistaken information is another factor that can reduce or vitiate the voluntariness of consent. A person's consent may be nonvoluntary because of a misunderstanding over what is being agreed to, ignorance or mistake about background facts, mistaken expectation of future occurrences, limits to the assumption of risk, and fraud/deception. The chapter concludes with a treatment of these issues with respect to the problem of informed consent in medicine.

Keywords: consent; false belief; voluntariness

Chapter.  22662 words.  Illustrated.

Subjects: Moral Philosophy

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