Chapter

Failures of Consent: Incapacity

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/10.1093/0195059239.003.0010
Failures of Consent: Incapacity

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In addition to force and defective beliefs, there are forms of moral and legal incapacity that may make an individual incapable of validly consenting to specific agreement because of various internal deficiencies of his own. Voluntariness‐reducing incapacity may be either volitional or cognitive, and it may be the product of either external factors or undeveloped or impaired faculties. The voluntariness‐reducing incapacities can be divided in respect to their durability into two major classes, those thought to be permanent impairments and those deemed merely temporary, and a third overlapping category for alternating or recurring impairments.

Keywords: consent; incapacity; voluntariness

Chapter.  13475 words.  Illustrated.

Subjects: Moral Philosophy

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