The Foundation Block of Consent
Consent is a foundational stone for the workplace, sexuality, contracts, medical care, and other personal relationships.
Consent is expression of willing permission by a person to a request by another, peacfully requested, where the permission information is provided and understood. Consent is a freely given, informed, specific, and reversible permission to do something that would otherwise be wrongful or unwelcome. Consent exists not just as a simple no or yes, but also on a spectrum of no to yes. Dissent, refusal, and rejection are opposites of consent.
The strongest possible consent is:
When and where "no" means no.
Informed with all terms and conditions carefully considered and understood.
Reversible. Consent continues only while willingness remains. The consent is canceled at any time, ongoing as current, and whole as agreement to all parts.
Specific. Clear as to the boundaries of consent.
Given by someone with influence over any terms and conditions.
Given by someone with equal negotiating power.
The weakest possible consent is:
Inferred. Implied by silence.
There is a power imbalance against the consenter.
There is power leverage against the consenter for a physical need.
By someone socialized to please or believe it’s their duty to offer this consent.
By someone fearful they may be shamed if they say no.
Provided to avoid an argument.
Provided for benefit of an incapacitated or unemancipated person.
By someone impaired, such as under the influence of drugs.
Consent is the most meaningful and validated as true when:
Given by an emancipated living person.
Recorded. Formalized and signed in writing.
Supported by civil agents as mediators, and arbitrators.
Supported by civic protectors against any breach.
Supported by unity of a shared philosophy and purpose.
Consent is the least meaningful and may be invalid as false when:
Consenter has been coerced such as by threat.
Consenter is socialized to submit.
There is a power imbalance amongst the consenter.
Consenter is fearful that they may be physically harmed or otherwise punished or bullied if saying no.
Provided to avoid a violent outburst or dangerous situation.
Consenter is under the influence of drugs.
When and where "yes" doesn't mean yes.
Unsupported by civil protection of a breach.
Consent is most effective when:
Refusal is respected.
Consent requires an active, positive indication.
Remedy, available by neutral people is accessible to all, fair, and transparent.
Primary factors for consent are "(1) capacity, (2) disclosure, (3) understanding, (4) voluntariness, and (5) authorization" [1]. Capacity refers to the ability to understand and agree to words and the underlying actions of those words. This generally means being an emancipated human with a generally active brain. Disclosure means the domain and topics of the consent is specifically informed by terms and conditions, with all important known and unknown details being transparently communicated prior to consent. Understanding means the person consenting paid attention to the agreement information provided to notice anything being offered and anything required in return, to decide as an educated choice of whether the consent aligns with their goals. Voluntariness means the consenting person wants to offer the consent of their own free will as a peaceful request rather than a demand. Authorization means the consenting person offers positive active confirmation as permission with expression of consent. When all five elements are true, then consent is valid. Conversely, expressed dissent, refusal, or rejection, all reverse any validity and invalidate consent.
The moral principal is that we have a duty to get consent before physically contacting others who are behaving peacefully. This includes establishing a social contract as government over that person. So consent is not only a moral duty, but also a civil duty and civic duty as law.
References
[1] "Consent Is... Clear, Ongoing, Current, Freely Given, Changeable"
NSCS.
Consent Is.
https://nscs.learnridge.com/topic/consent-is/
[2] Dissent, refusal, and rejection are opposites of consent.
Consent
https://www.merriam-webster.com/thesaurus/consent
[3] “Consent can be analyzed in terms of five elements: (1) capacity, (2) disclosure, (3) understanding, (4) voluntariness, and (5) authorization [...] When someone is not competent to make their own decisions, someone else must decide on their behalf [...] The standard we prefer for making decisions on someone else’s behalf is a reasonable subject standard.”
J. S. Arras & colleagues (chapter authorship within volume)
Autonomy (Chapter 5), in A Theory of Bioethics
Cambridge University Press, 2021; chapter on autonomy
https://www.cambridge.org/core/books/th ... CE98C5C1C6
[4] “Consent means that a person voluntarily and willfully agrees in response to another person's proposition [...] Consent also requires the absence of coercion, fraud or error.”
Cornell Legal Information Institute (LII)
Consent
Wex Legal Dictionary entry
https://www.law.cornell.edu/wex/Consent