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The limits of consent : liberalism and the challenge of harm to self

Abstract : This thesis focuses on consent to harm, and asks what happens when individuals consent to what appears to be harmful. This raises the possibility of paternalism and state neutrality. Consent to harm is a blind spot for liberal theory, and this issue concerns in particular the English-speaking world. If all countries are affected by this serious philosophical question, the US and the UK, because their libertarian tendencies are more prone to be affected by this question, as is visible in the jurisprudence. This work interrogates the premises of libertarian and liberal theory, by showing the ambiguities of the notion of consent. The analysis is based on contemporary jurisprudence involving consent to harm, and constructed on a casuistic approach to the problem of consent to harm. This methodology permits the author to distinguish between two types of cases: those in which consent is motivated by market forces, where consent is often incomplete and coerced; and those in which consent appears to be entirely voluntary because they take place in the intimate sphere.
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Submitted on : Thursday, April 21, 2022 - 11:57:35 AM
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  • HAL Id : tel-03648236, version 1



Alicia-Dorothy Mornington. The limits of consent : liberalism and the challenge of harm to self. Political science. Institut d'études politiques de Paris - Sciences Po, 2015. English. ⟨NNT : 2015IEPP0038⟩. ⟨tel-03648236⟩



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