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Vrijwillig seksueel contact tussen volwassen naaste verwanten : een grens voor seksuele vrijheid en partnerkeuze (?)

Journal Contribution - Journal Article

Despite the importance of mutual consent for the moral and legal evaluation of sexual behavior, this principle has not been applied to the sphere of sexual acts between adult close relatives. This paper aims to reach a better understanding of the rational principles and moral psychological foundations that impede a more tolerant view regarding this exceptional, yet existing, type of partner choice. After clarifying its legal background, we critically examine the foundations of punitive legal provisions, and demonstrate that all of them are objectionable. Our central focus, however, lays on the moral psychological foundations of incest aversion. We provide an overview of the literature that overall emphasizes the importance of disgust and intuitive decision making, even though several cognitive processes are also at play. Some authors have boldly argued that the intuitive based moral rejection of this behavior by itself justifies the existance of legal constraints and sanctioning. We argue that this normative discussion might gain importance in the not too distant future.
Journal: ETHIEK & MAATSCHAPPIJ
ISSN: 1373-0975
Issue: 1-2
Volume: 18
Pages: 23 - 43
Publication year:2016
Accessibility:Open