What is consent?
Dec. 29th, 2010 06:06 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
marjaerwinSome of these ideas are controversial, but they should be food for thought:
1. Consent is a relationship between equals.
2. Consent cannot exist between ruler and ruled; the people cannot consent to the state or be bound by any obligation to it, and there are similar limits for more limited subordination.
3. Consent requires more than mere legal equality.
4. Consent in matters of the self is distinct from consent in matters of one's possessions.
5. One can never consent to what one cannot perform. One cannot consent to withdraw the right to withdraw consent. One cannot consent to give up one's conscience. One cannot consent to harm another.
6. One can consent in advance; one can withdraw consent at any time; in the most personal matters, one can withdraw consent at any time, and no one can demand any penalty; in non-personal matters, one can withdraw consent after reaching an agreement, but the other parties may be able to ask for compensation. In no case can they demand specific performance.
7. If one withdraws consent, others must immediately stop any act which would require one's consent.
The biggest question, in my opinion, is how equal must relationships be to be equal enough for consent. All I can say at this point is that as relationships are less equal, the obligations of the more powerful people should be tightened, and those of the less powerful should be loosened or voided altogether.
1. Consent is a relationship between equals.
2. Consent cannot exist between ruler and ruled; the people cannot consent to the state or be bound by any obligation to it, and there are similar limits for more limited subordination.
3. Consent requires more than mere legal equality.
4. Consent in matters of the self is distinct from consent in matters of one's possessions.
5. One can never consent to what one cannot perform. One cannot consent to withdraw the right to withdraw consent. One cannot consent to give up one's conscience. One cannot consent to harm another.
6. One can consent in advance; one can withdraw consent at any time; in the most personal matters, one can withdraw consent at any time, and no one can demand any penalty; in non-personal matters, one can withdraw consent after reaching an agreement, but the other parties may be able to ask for compensation. In no case can they demand specific performance.
7. If one withdraws consent, others must immediately stop any act which would require one's consent.
The biggest question, in my opinion, is how equal must relationships be to be equal enough for consent. All I can say at this point is that as relationships are less equal, the obligations of the more powerful people should be tightened, and those of the less powerful should be loosened or voided altogether.
