TY - JOUR
T1 - El problema del mal moral y del consentimiento en la violación sexual
T2 - un análisis filosófico
AU - Trelles, José Enrique Sotomayor
N1 - Publisher Copyright:
© 2022 Pontificia Universidad Catolica del Peru. All rights reserved.
PY - 2022/6
Y1 - 2022/6
N2 - This article addresses the problem of the moral wrong present in rape. To do so, it undertakes an analysis of John Gardner's proposal on the subject. Then, identifying what Gardner calls a pure case of rape, it explores the nature and characteristics of consent as a normative transformer. To this end, it addresses the discussion, within the philosophy of action, on what is the ontology of consent. Finally, and as a consequence of holding that consent is a mental state, some problems related to the knowledge of other people's mental states, traditionally addressed as the problem of other minds in the philosophy of mind, are raised. Some consequences for the evidentiary analysis in cases of rape crimes are drawn from this analysis.
AB - This article addresses the problem of the moral wrong present in rape. To do so, it undertakes an analysis of John Gardner's proposal on the subject. Then, identifying what Gardner calls a pure case of rape, it explores the nature and characteristics of consent as a normative transformer. To this end, it addresses the discussion, within the philosophy of action, on what is the ontology of consent. Finally, and as a consequence of holding that consent is a mental state, some problems related to the knowledge of other people's mental states, traditionally addressed as the problem of other minds in the philosophy of mind, are raised. Some consequences for the evidentiary analysis in cases of rape crimes are drawn from this analysis.
KW - consent
KW - Moral wrong
KW - philosophy of law
KW - proof of mental states
KW - rape
UR - http://www.scopus.com/inward/record.url?scp=85134219133&partnerID=8YFLogxK
U2 - 10.18800/derechopucp.202202.003
DO - 10.18800/derechopucp.202202.003
M3 - Artículo
AN - SCOPUS:85134219133
SN - 0251-3420
SP - 71
EP - 95
JO - Derecho PUCP
JF - Derecho PUCP
IS - 88
ER -