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Cambridge Studies in Philosophy and Law

Consent to Sexual Relations

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When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? These are two of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer considers a wide variety of situations involving coercion, fraud, retardation, and intoxication.

310 pages, Kindle Edition

First published January 1, 2003

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Displaying 1 of 1 review
Profile Image for Evan Williamson.
2 reviews
August 13, 2023
A Large Contribution

I would highly recommend this book to those interested in a thorough philosophical discussion of consent! If you are interested but on the fence, I would recommend previewing the book for free on kindle so you can read the introduction, which captures a lot of what I loved about the book as a whole. And before you buy a new copy, read the IMPORTANT NOTE at the end of this review.

Wertheimer begins by considering the most important questions surrounding what it means to consent and what actions can render consent invalid. He also makes important distinctions (such as the distinction between what ought to be morally permissible and what ought to be permissible under the law), distinctions which he does well to hold on to and carefully consider in various contexts throughout the book. He then examines sex through the lens of evolutionary psychology, which makes a compelling case as to why we may regard it differently from other forms of human interaction and exchange. For the remainder of the book, he discusses coercion, deception, intoxication, incompetence, and other situations in which consent may be invalid, making use of around one hundred hypothetical cases to aid thought and discussion.

I was truly impressed by the framing, the hypotheticals, the conclusions, and the overall clear thinking in this text. There were many times when I found him anticipating and thoughtfully addressing my objections, and many times in which he avoided pitfalls that I expect most others would have fallen into. Even though the book is twenty years old, he was (and still is) ahead of the curve on evolutionary psychology, so the book is still entirely relevant today. For some, it may be worth its weight from the many hypothetical cases alone. It leaves many questions unanswered, but succeeds in providing helpful frameworks for their consideration. After reading it, I have a whole lot more to think about.

A few notes for prospective readers: like most philosophy texts, he deals with many niche terms (a few of which he coins himself). Personally I felt they were most all invoked when necessary, so I'm glad they were included, but I could see others not having as much patience for them. Likewise, he generally avoids using needlessly difficult language, so it is accessible to the determined layperson like me, especially one with a bit of background in philosophy. The one exception to this is his use of Latin, much of which I was not too familiar with. That is probably the only way in which the book felt dated.

IMPORTANT NOTE: The book was printed backwards! LMFAO! I'm assuming it was just a printing error, not intentional. At first it was a bit annoying turning pages in the opposite direction, but because I enjoyed the book so much, it wasn't at all a deal breaker (I got used to it pretty quick anyway). I actually find it quite endearing, but in any case it's something a buyer should be aware of. And to be clear, this is the new (unused) paperback, which cost about $50 at the time.
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