Consent Theory
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Consent Theory
Consent theory is a term for the idea in social philosophy that individuals primarily make decisions as free agents entering into consensual relationships with other free agents, and that this becomes the basis for political governance. An early elaborator of this idea was John Locke, from whom the expression "all men are created equal" can be traced. Consent theory goes back at least to the 16th century. Criticism One criticism is after the original administering of consent by the people, subsequent generations often only give tacit consent to the government. Without the power to refuse consent, true consent cannot be given. See also * Consent * Social contract * Consent of the governed In political philosophy, consent of the governed is the idea that a government's political legitimacy, legitimacy and natural and legal rights, moral right to use state power is justified and lawful only when consented to by the people or society o ... Notes References * ''Happy Slaves: A ...
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Social Philosophy
Social philosophy is the study and interpretation of society and social institutions in terms of ethical values rather than empirical relations. Social philosophers emphasize understanding the social contexts for political, legal, moral and cultural questions, and the development of novel theoretical frameworks, from social ontology to care ethics to cosmopolitan theories of democracy, natural law, human rights, gender equity and global justice. Subdisciplines There is often a considerable overlap between the questions addressed by social philosophy and ethics or value theory. Other forms of social philosophy include political philosophy and jurisprudence, which are largely concerned with the societies of state and government and their functioning. Social philosophy, ethics, and political philosophy all share intimate connections with other disciplines in the social sciences and the humanities. In turn, the social sciences themselves are of focal interest to the philosophy ...
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Free Will
Free will is generally understood as the capacity or ability of people to (a) choice, choose between different possible courses of Action (philosophy), action, (b) exercise control over their actions in a way that is necessary for moral responsibility, or (c) be the ultimate source or originator of their actions. There are different theories as to its nature, and these aspects are often emphasized differently depending on philosophical tradition, with debates focusing on whether and how such freedom can coexist with determinism, divine foreknowledge, and other constraints. Free will is closely linked to the concepts of moral responsibility, praise, culpability, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of Advice (opinion), advice, persuasion, deliberation, and Prohibitionism, prohibition. Traditionally, only actions that are freely Will (philosophy), willed are seen as deserving credit or blame. Whether free ...
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John Locke
John Locke (; 29 August 1632 (Old Style and New Style dates, O.S.) – 28 October 1704 (Old Style and New Style dates, O.S.)) was an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of the first of the British empiricists, following the tradition of Francis Bacon, Locke is equally important to social contract theory. His work greatly affected the development of epistemology and political philosophy. His writings influenced Voltaire and Jean-Jacques Rousseau, and many Scottish Enlightenment thinkers, as well as the American Revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence. Internationally, Locke's political-legal principles continue to have a profound influence on the theory and practice of limited representative government and the protection of basic right ...
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All Men Are Created Equal
The quotation "all men are created equal" is found in the United States Declaration of Independence and is a phrase that has come to be seen as emblematic of America's founding ideals. The final form of the sentence was stylized by Benjamin Franklin, and penned by Thomas Jefferson during the beginning of the Revolutionary War in 1776.Peterson, Merrill. ''Thomas Jefferson and the New Nation: A biography''. p. 90. Oxford University Press, 1970. It reads: Drawing from Enlightenment philosophy, the phrase reflects the influence of John Locke's second treatise on government, particularly his belief in the inherent equality and individual liberty. Similar ideas can be traced back to earlier works, including medieval and classical sources, which emphasized the dignity and worth of all human beings. Jefferson applied the concept in his original draft of the declaration. The phrase was subsequently quoted and incorporated into the speeches and writings of prominent figures throu ...
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Tacit Consent
A silence procedure, tacit consent or tacit acceptance procedure (French: ''procédure d'approbation tacite''; Latin: '' qui tacet consentire videtur'', "he who is silent is taken to agree", "silence implies/means consent") is a way of formally adopting texts, often, but not exclusively, in an international political context. A textbook on diplomacy describes the silence procedure thus: In the context of international organisations, the subject of the procedure is often a joint statement or a procedural document, a formal vote on which with the members meeting in person is deemed unnecessary. Indeed, it is often impractical to try to stage a meeting between representatives of all member states either due to the limited importance of the text to be agreed upon or due to time constraints in the case of a joint declaration prompted by recent events. Organisations making extensive use of the procedure are, among others, the European Union, NATO and the Organization for Security and ...
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Consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. Types of consent include implied consent, express consent, informed consent and unanimous consent. Types * An express consent is one that is unmistakably stated, rather than implied. It may be given in writing, e.g. contract, by speech (orally), or non-verbally, e.g. by a clear gestu ...
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Social Contract
In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution. Social contract arguments typically are that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from '' The Social Contract'' (French: ''Du contrat social ou Principes du droit politique''), a 1762 book by Jean-Jacques Rousseau that discussed this concept. Although the antecedents of soci ...
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Consent Of The Governed
In political philosophy, consent of the governed is the idea that a government's political legitimacy, legitimacy and natural and legal rights, moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is starkly contrasted with the divine right of kings and has often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government". Consensus democracy is the application of consensus decision-making and supermajority to democracy. History The idea that a law derives its validity from the approval of those subject to it can already be found in early Christian author Tertullian, who, in his Apologeticum claims The earliest utterance of the specific term "consent of the governed" seemingly appears in the writings of Scottis ...
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Don Herzog
Don Herzog (born April 7, 1956) is an American political scientist and Edson R. Sunderland Professor of Law at the University of Michigan. He is known for his works on consent theory and sovereignty Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ... and is a winner of the Golden Apple Award for excellence in teaching at that university. Books * ''Sovereignty, RIP'', Yale University Press 2020 * ''A Little Book of Political Mistakes'', 2020 * ''Defaming the Dead'', Yale University Press 2017 * '' Poisoning the Minds of the Lower Orders'', Princeton University Press 1998 * ''Happy Slaves: A Critique of Consent Theory'', University of Chicago Press 1989 References External links * Defaming the DeadA Little Book of Political Mistakes 21st-century American philosophers America ...
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