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Maximilian Kiener (Oxford; RoR) – Consent and Third-Party Coercion (Oxford Jurisprudence Discussion Group)

4 February 2021 @ 5:00 pm7:00 pm

On 4 February 2021 at 17:00 (UK time), Maximilian Kiener, RoR’s postdoctoral research fellow, will present his paper ‘Consent and Third-Party Coercion’ at the Jurisprudence Discussion Group, University of Oxford.

Abstract. This paper focuses on cases of consent and third-party coercion, i.e. cases in which a person consents to another person performing a certain act because a third party coerced her into doing so. I argue that, in these cases, the validity of consent depends on the behaviour of the recipient of consent rather than the third party’s coercion taken separately, and I will specify the conditions under which consent is invalid. My view, which is a novel version of what I call the Recipient-Focus-View, holds that coercion invalidates consent only if consent was ‘obtained by’ coercion, but not if consent was ‘merely motivated by’ coercion. I further explain and support this view on the basis that it best reconciles an unnoticed tension between two fundamental principles in the debate on consent, which I call the Coercion Principle and the Permissibility Principle.

For details and how to register to participate, please visit JDG’s web page.

Details

Date:
4 February 2021
Time:
5:00 pm–7:00 pm
Event Category:
Website:
https://www.oxford-jdg.net/

Venue

Online

Organiser

Jurisprudence Discussion Group, University of Oxford
Email:
oxfordjdg@gmail.com
Website:
https://www.oxford-jdg.net/