Sexual Consent [Paperback]

David Archard (Author)

Book Description

Publication Date: December 5, 1997 | ISBN-10: 0813330823 | ISBN-13: 978-0813330822

A popular belief is that whatever takes place in private between consenting adults should be allowed. This is the first book to offer a systematic philosophical examination of what might be meant by consent and what role it should play in the context of sexual activity.Investigating the adequacy of standard accounts of consent, the book criticizes an influential feminist critique of consensuality. David Archard then applies this new theoretical understanding of sexual consent to controversial topics, such as prostitution, rape, sadomasochism, and the age of consent.Written in clear, jargon-free language that combines philosophical analysis with practical discussion of real and imagined legal cases, Sexual Consent is both a provocative and fascinating study for philosophers, lawyers, and general readers.

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About the Author

David Archard is reader in the Department of Moral Philosophy at the University of St. Andrews. He is the author of Marxism and Existentialism: The Political Philosophy of Jean-Paul Sartre and Maurice Merleau-Ponty (1980), Consciousness and the Unconscious (1984), and Children, Rights and Childhood (1993).

Product Details

• Paperback: 200 pages
• Publisher: Westview Press (December 5, 1997)
• Language: English
• ISBN-10: 0813330823
• ISBN-13: 978-0813330822
• Product Dimensions: 8.8 x 5.9 x 0.9 inches
• Shipping Weight: 12 ounces (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,129,053 in Books (See Top 100 in Books)

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12 of 12 people found the following review helpful:

5.0 out of 5 stars Clearly informs our personal lives, January 21, 2001

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Joan Mazza "Author, speaker, poet" (Mineral, VA USA) - See all my reviews
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This review is from: Sexual Consent (Paperback)

In discussions of gay rights, unconventional sex, and concerns about the sexual freedoms of young people, the elderly, and the disabled, we frequently hear the term "consenting adults." Philosopher and author, David Archard, tackles the question of giving sexual consent and who can give it. He states that in order to offer valid consent, the individual must be capable, informed and voluntary. This logically excludes anyone who is unconscious or whose consciousness is clouded by drugs, alcohol, medication, or mental disability. Likewise, those who are underage are incapable of giving valid consent because they are unable to understand what it means. Even if informed of the particulars (expectations, possible consequences, etc.) they may lack the judgment to make the decision or be persuaded by someone simply because of that person's power and authority. "Informed" refers to any pertinent information that might impact on giving consent, such as knowing the other person is in a committed and exclusive relationship, has an STD, or holds an expectation that the sexual encounter will include specific behaviors. By voluntary, the consent must not be coerced by threats (overt or covert) of violence or other threats (to reputation, job, or economic security) in the present or future.

While each of these elements seems straightforward, their applications may not be so simple, as the author points out with many examples. Such problems include the age of consent -- at what point is any individual capable of giving consent and do certain circumstances (such as homosexual contact, appearing in pornographic film, or intergenerational sex) warrant a different age? Similarly, how does one determine what is truly voluntary in light of serious economic and social pressures to acquiesce?

Archard examines gender inequality, incest, prostitution, rape, and sadomasochism, offering a consistently logical and respectful approach without moralizing or repudiating any affectional preference. He distinguishes between what the law accepts as consent from a morality of consent that acknowledges the sexual autonomy of individuals. He does not make a personal case for any particular position, but rather examines the finer points that might constitute valid consent in any sexual encounter.

SEXUAL CONSENT is a philosophy book, not pop-psychology or popular politics. I found the discussions of specifics enlightening and thought-provoking. In particular, I appreciated the discussion of the more subtle forms of coercion -- those that are so much a part of our hierarchical society and its institutions that we may be unaware of them. Archard offers excellent arguments and explanations for those who see themselves as sexually liberated.

In all, I enjoyed this book very much. It left me thinking for days afterward, including pondering the application of valid consent to other life decisions beyond the sexual arena.