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Autonomy and the folk concept of valid consent.
Joanna Demaree-Cotton1, Roseanna Sommers2
1Yale University, 344 College St, New Haven, CT 06511, USA.
People’s consent is considered valid when they possess autonomous decision-making capacities, not necessarily when they exercise them. This finding applies across various social interactions, impacting moral reasoning and rights.
Area of Science:
- Social Psychology
- Moral Psychology
- Legal Psychology
Background:
- Consent is fundamental to social interactions like sex, medical procedures, and property use.
- Understanding laypeople's reasoning about consent validity is crucial but underexplored.
Purpose of the Study:
- To investigate how ordinary people assess the validity of consent.
- To examine the roles of autonomous capacities and decision-making in consent judgments.
- To explore the downstream moral consequences of consent validity.
Main Methods:
- Three studies examined consent judgments across domains including sex, medical exams, and police entry.
- Participants evaluated consent validity based on varying levels of autonomous capacities and decision-making.
- The impact of consent validity on moral reasoning regarding third-party rights was assessed.
Main Results:
- Possession of autonomous capacities, not their exercise, significantly influences consent validity judgments.
- Specific incapacities reduce consent validity, but failing to exercise capacities does not.
- Consent validity, particularly concerning autonomy, affects moral reasoning about rights and obligations, even for morally wrong acts.
Conclusions:
- Laypeople hold a domain-general concept of valid consent tied to the possession of autonomy, not its active use.
- Autonomous capacities are key to determining consent's authority and its power to alter moral rights.
- Autonomous capacities and autonomous decisions play distinct roles in evaluating consent and consented-to actions.
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