Tuesday, October 06, 2009

Giving consent freely or under coercion

Giving consent freely or under coercion

To give "consent" means you are making an agreement with another person. This could be a real "agreement" or it might merely be "compliance". Free individuals in a free society, which is the ideal situation, will give consent that really means something. At the opposite end of the spectrum, a slave's consent to the master's wishes is completely worthless. Consent under duress is not really consent and is not binding. The rest of us live somewhere in between these two extremes, and our consent has greater, or lesser, meaning depending on how freely we give it in the particular circumstance. In a great many cases, our "consent" is coerced in one way or another. Either due to seeking the approval of people who are close to us, or in attempting to survive in society.

Free people in an unfree society are in a difficult situation. The more we are backed into a corner, the more likely we are to give the appearance of consent where none really exists. This may not be right, but it is certainly understandable.

If you are approached by a bully who is bigger, stronger, or tougher than you and he demands your cooperation, you would be likely to agree to it in order to get out of the current situation. Even if there were no overt threat, if you knew the man's history of violence toward those who didn't cooperate, or understood his power to punish you for your lack of cooperation, giving false consent would be understandable. Consent now or suffer now; lie to him now and possibly suffer later. You may be purchasing immediate safety at the expense of future peace of mind. In a free society you could defend yourself from people such as this at the time of the threat, forestalling the "payback". That isn't the "legal" reality of the world we live in right now.

If you are a free individual facing a bully of some sort you should probably just refuse to consent and let the chips fall where they may. Yet, as in the case of the state, I feel there is nothing wrong with lying to thugs. In fact, I think it is often right to lie to them. Do you feel guilt if you lie to the mugger when he asks if you have any more money on you, or is it the right thing to do? Would you pretend to cooperate with the kidnapper in order to get your child back, and then renege on your deal at the first opportunity? Good people don't become bad by confounding the bad people. Good people lose when they deal with bad people as if they were good people. If you don't like the implications, don't initiate force, therefore becoming a bad person. Once you do, consequences are set into motion. I would never condemn a person for giving false consent to bullies or under coercion.

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