Consent Theory
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Consent Theory is derived from John Locke's idea that "all men are created equal." While this is sometimes interpreted to mean that all men are created equally good, or equally able, it actually means that no person has natural authority over any other. There is however, legitimate authority, but this is certainly not natural, and must be instituted by consent. Authority of the state is given by the consent of its citizens, hence, consent theory.
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[edit] Types of Consent
Actual Consent - Actual Consent is consent that has to be given through a sign. There are two types of actual consent.
- Expressed Consent - This is consent that is given through an obvious or intentional sign. For example, a signature or a handshake is expressed consent.
- Tacit Consent - Tacit Consent is consent that is inadvertently given through a sign. For example, living in a country and choosing not to move is tacit consent, in that staying is giving authority to the state.
[edit] Criticism
Consent theory is criticized for a number of reasons. For one, after the original administering of consent by the people, subsequent generations are only able to give tacit consent to the government at best. However, in order to give consent, one must be able to not give consent as well. Tacit consent can be restrictive to this latter notion. For example, a person may not want to give consent to their state at all, but cannot move because it is not financially feasible for them.
[edit] See also
[edit] References
- Theory of Consent - A Philosophy of Natural Order by Norbert Lennartz (2005)
- Happy Slaves: A Critique of Consent Theory by Don Herzog (1989) ISBN 0-226-32925-9