Consent is a useful but also utterly bananas magic concept. Eg: *If you're 16, your ability to consent to sex depends on the age of your partner *consent only counts if it's enthusiastic *Must be verbal to count *Only important for your body, not your livelihood or property 1/
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consent is a LEGAL concept regarding whether an agreement will be upheld as valid. that's it. anything else is a spook
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The discrete nature of consent has its value (and origin): "you're not guilty of a transgression in the eyes of the society". Just accepting blurred lines might be the more fitting to the complexities of real cases, but w/o the safe hard line how the hell can people relax and do?
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Here's a fun one: if the girl is drunk she can't consent, unless they're both drunk in which case only the man can consent, unless they're in the military in which case the first one to claim rape is the one who couldn't consent.
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Dunno this is just an extrapolation from typical power dynamics. It may not always be appropriate, but it might be one of those 9/10 time things.
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I actually don't think consent is that complicated in the context of just respecting the bodily autonomy of sentient beings. I agree it is a deeply quixotic and complicated concept, but it is also an extremely important one.
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Judges weigh the general welfare against individual rights all the time. What’s a public health curfew but a blatant infringement on fundamental rights, carried out under the auspices of the general welfare?
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I don’t realize it was put on a pedestal until you pointed it out, and it definitely was. They talked about it like magic in hs and made you take a course on it before entering college. Like understanding it fixes everything
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Agree. And re different situations, affirmative consent standards can even be harmful; on college campuses, for example, these standards have violated due process rights of students accused of sexual assault.
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The concept of Consent still has tremendous importance. The old Common Law definition of Consent still works the best. Consent exists as long as someone competent doesn't actively express a desire to disengage in any part of the activity.
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You might want to read material by Quill Kukla who has similar thoughts.
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