Misnomer exposed: “Violation of consent”
How can I go against your permission for something to happen? If you give me permission to do something, how can I violate that? Can you disobey somebody's permission? How?
Defining Terms
Violation: to go against or refuse to obey a law, an agreement, etc.
Consent: to agree or give permission for something to happen or be done
Non-consent: to not give permission for something to happen or be done; the action or fact of withholding consent;
Literal “Violations of Consent”
- Not selling an item to somebody after agreeing to sell it to them.
- Not taking somebody's car after acquiring permission to take it.
- Not having sex with your significant other after they agree to have sex.
- Not walking through somebody's backyard after they have given permission.
- Not having a sleep over after your parents have given you permission to.
Context:
- If you were to go to a yard-sale and find an item that you wanted to buy, and the person agreed to your offer, how would they go against the agreement? By changing their mind and not selling it?
- If I were to ask you if I could take your car, and you agreed, how could I violate that agreement? By not taking your car?
- If you were to ask your significant other if they wanted to have sex, and they said yes, what would you need to do in order to violate their consent to have sex? By abstaining from sex that day?
- If somebody gives you their permission to do something, like the ability to walk through their backyard instead of having to walk all the way around it, then how would you violate the permission? By not walking through their backyard?
- If a kid asks their parents for permission to have a sleep over that night, and they say yes, how would they go against their parent's permission to let them have a sleep over? By not having a sleep over?
Do you see how these are not actual offenses?
Misnomer corrected
What do people actually mean when they say that something was a “Violation of consent”?
They mean that their non-consent was violated. They mean that somebody went against their self owner-ship and or property rights without their permission, or against their withheld consent.
Literal violations of Non-consent.
- Taking somebody's money for an item without giving them the item. (Stealing)
- Taking somebody's car without permission, or not returning it after asking to borrow it. (Stealing)
- Forcing somebody to have sex with you. (Rape)
- Walking on somebody's lawn without their permission. (Trespass)
- Having a sleep over without your parents permission, or against it. (Deceit / Fraud)
Context:
- If you went to a yard-sale and made an agreement to buy something, but the person kept your money and wouldn't give you the item, then they are violating your non-consent for taking your money without your permission.
- If I asked you if I could take your car and you said no, but I took it anyway, then that would be stealing, and a violation of your explicit non-consent.
-If you asked your significant other if they wanted to have sex, and they said no, but then you force yourself on to them, then that would be rape, and a violation of their explicit non-consent. - If you don't' ask somebody for permission to walk through their backyard, then their permission was not given, which means that if you walk through their backyard then you are violating their non-consent.
- If a kid has the rule to ask permission to have a sleep over, but they have a sleep over anyway, then that is fraud, and it is a violation of the parent's non-consent.
How to identify a violation of non-consent
If you do something that challenges somebody's self-ownership and or property rights when permission is not given, and consent is not implied, then it is a violation of non-consent.
If you do something that challenges somebody's self-ownership and or property rights when permission is denied, then consent is not implied, which makes it a violation of non-consent.
If you do something to somebody that goes against their self owner-ship and or property rights, without their permission, or against their withheld consent, then that is a violation of non-consent.
The problem with consent is that it says nothing about the morality of somebody addicted, or about suicide. And I see these two things as immoral, despite being "consented".
Consent is important when it comes to morality in interpersonal relationships, but says nothing about the moral duty that you have to take care of your own life and value it.
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How in the world is addiction or suicide immoral?
Unethical? Yes. Immoral? No.
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Your statements regarding 'morality' are an assumption of supremacy of thought. What makes you think your idea of what is moral for you, is shared with anyone else, and even that it is appropriate for another. Each of us have our own inner moral values that have been developed over our life times, and are subject to evolving as experiences teach us new parameters and possibilities. You make an assumption that it is 'immoral' to commit suicide. Who says???? The church, your mother, some other influence. How can you know the heart of another, the circumstance of another and consider yourself to know better then they what is right action for them? I find assumptions of moral superiority disturbing and dangerous to others. Take witch burnings for example. 3 million women were murdered over the course of a couple hundred years because they were mid-wives, healers, beautiful, ugly, distrusted and others general insecurity, fear and hate. All that killing at the time was considered moral by the community at large.
There is much danger in assumptions of superiority of moral values in a diverse and evolving society.
oc
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You're making common mistake to conflate people's personal moral beliefs with the morality of interactions, with is universally dependent on whether consent has been given or withheld. It's not a matter of what I think, It's nature. When you violate somebody's non-consent, you violate their self-ownership and it leaves them feeling discontent. That is why rape is universally wrong, or, immoral. It doesn't matter you think rape is morally okay while you violate the non-consent of another, you are still, in actuality, infringing on somebody's self-ownership.
Nature says.
An action can not be objectively Immoral unless it violates somebody's non-consent, self-ownership, and or their property rights.
Consensus doesn't determine the morality of an action and or interaction; consent or withheld consent does.
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I think the reason for this "misnomer" is that consent when discussed as a concept has come to mean more than just "permission." It has taken on a broader mantle to describe the power over self-determination in human interaction, so that when someone says "my consent was violated," what they mean is that their power or right of self-determination (their ability to give consent or withhold it) was violated. This is how I use the phrase and discuss the concept, and I know many thought leaders do as well. We all understand that the act of consenting is the act of giving permission (i don't know anyone who doesn't know this), so I don't really think that's the problem.
As ideas evolve, it becomes necessary for language to evolve with it. :-)
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What they meant, is that their non-consent was violated; literally.
Consenting to something is to agree to it.
Non-consent is when you disagree with it or have not had the opportunity to give or withhold consent.
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This is a good example of how powerful language is in defining Reality.
Do we assume consent is the default? Nope. In some instances, that's how the controversy starts (ie. drunk sex)
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If both people are drunk, then logically neither one of them can give informed consent... Play stupid games, win stupid prizes. Don't drink with people you don't know if you're known to be promiscuous. Keep your moral agency.
https://steemit.com/anarchism/@stickman/consent-of-the-governed-is-not-implied-when-non-consent-is-explicit
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