PHIL 2170 Lecture Notes - Pirkei Avot, Fiduciary, Sexual Penetration
Document Summary
The question as to what behaviour should be prohibited through the criminal law will be settled by moral argument informed by empirical investigation. Default consent no assurance that what you"re doing is okay. Have a genuine opportunity for dissent (still coercion) In order for silence to count as a yes, agreement must be there: morally transformative (possibly, not prevented) competence, coercion, concealment, concealment . 3 ways we can be compromised, 5 ways we should take legal action about. Ways in which sexually motivated behaviour mght be seriously wrong or criminal: (349) Involves violent assault or battery (escalation of #1) Involves threats of violence (not requiring an actual act needs to take place threatening violence threatens consent in a criminally problematic way) Involves the fear or stds or pregnancy (situation in which consent given, there is still fear) Mean to do it in a particular kind of way.