1996
DOI: 10.1017/s1352325200000434
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The Moral Magic of Consent

Abstract: We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do so? The answer: the rights and obliga… Show more

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Cited by 196 publications
(75 citation statements)
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“…Such choices reflect what people might settle for, as opposed to normatively aspire and positively affirm. I would argue that only when these commitments and choices deeply converge can choice have what Heidi Hurd (1996) call the "moral magic" of consent.…”
Section: What's Wrong With Political Despair?mentioning
confidence: 99%
“…Such choices reflect what people might settle for, as opposed to normatively aspire and positively affirm. I would argue that only when these commitments and choices deeply converge can choice have what Heidi Hurd (1996) call the "moral magic" of consent.…”
Section: What's Wrong With Political Despair?mentioning
confidence: 99%
“…See Hurd (1996). Larry Alexander provides a sufficient condition that reduces consent to a forgoing of objection to, roughly, what the second does.…”
Section: See Associated Pressmentioning
confidence: 99%
“…As we shall soon see, it is the view that seems to face the most significant challenge from the prevalence of framing effects. 4 This is what Heidi Hurd (1996) refers to as consent's "moral magic." See also Manson and O'Neill (2007, pp.…”
Section: The Proprietary Gate Modelmentioning
confidence: 99%