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Chapter

Historical perspectives on the ethics of consent

Chapter

Historical perspectives on the ethics of consent

DOI link for Historical perspectives on the ethics of consent

Historical perspectives on the ethics of consent book

Historical perspectives on the ethics of consent

DOI link for Historical perspectives on the ethics of consent

Historical perspectives on the ethics of consent book

ByDaniel Lee
BookThe Routledge Handbook of the Ethics of Consent

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Edition 1st Edition
First Published 2018
Imprint Routledge
Pages 12
eBook ISBN 9781351028264

ABSTRACT

This chapter provides a brief historical overview of the idea of consent in the West. It opens with the observation that, with some notable exceptions, consent played a relatively minor role in classical philosophy, and underscores the ancient anxiety of an ethics grounded on consent. It also investigates how classical jurisprudence elevated consent under the ius gentium, so as to manage equitably the practical problem of legal pluralism in the Roman Empire. The chapter proceeds to investigate the cultural importance of consent in the law and theology of the medieval Church and the broader political importance of securing communal consent in general assemblies, as discussed by writers such as Marsilius and Fortescue. The latter part of the chapter investigates the role of consent in modern theorists such as Bodin, Grotius, Hobbes, Locke, and Rousseau. I conclude with a sketch of major influential criticisms of a consent-based ethics.

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