What Counts as Consent
Clarifying Volition, Coercion, and Agency
Consent is a foundational concept in ethics, law, medicine, sex, and governance. Yet like coercion, it is often treated loosely or simplistically. This post offers a clear, operational definition of consent within a subjectivist, agency-centered framework.
Definition:
Consent is the uncoerced, informed, and intentional agreement by an agent to a proposed action or condition.
Each element of this definition is necessary. Let’s break them down and test them with examples.
1. Agent
Consent requires a decision-capable agent.
Example (Valid):
An adult signs a medical waiver after reading and understanding the risks.
→ The signer is a competent agent.Counterexample (Invalid):
A five-year-old “agrees” to a contract to sell their toys.
→ Children are not presumed to have the requisite agency for consent.Counterexample:
An unconscious person “consents” to surgery via a pre-sedation video.
→ If unconscious at the time of action, agency is suspended.
2. Intentional
Consent must reflect a deliberate decision.
Example (Valid):
Someone explicitly says “Yes, I agree” when asked to share their location.
→ Clear volitional act.Counterexample:
A person mumbles “okay” while distracted, not realizing they’re agreeing to surveillance.
→ Not a deliberate act.Counterexample:
Consent is inferred from silence in a complex legal setting.
→ Silence is not necessarily intentional.
3. Informed
The agent must understand the nature, scope, and consequences of what is being agreed to.
Example (Valid):
Before surgery, a patient receives full disclosure of risks, alternatives, and recovery expectations.
→ Informed consent.Counterexample:
A person agrees to a ride-share but isn’t told there are hidden audio recordings.
→ Consent is invalid without critical information.Counterexample:
A user clicks “accept” on a dense 60-page terms-of-service document without reading it.
→ Not meaningfully informed.
4. Uncoerced
Consent must not be extracted under threat of harm.
Example (Valid):
A person volunteers to participate in a study after being told there are no consequences for refusal.
→ Voluntary agreement.Counterexample:
“Sign this or we’ll fire you.”
→ Coercion invalidates the voluntariness.Counterexample:
A detainee “consents” to a search under threat of increased charges.
→ Conditional threat = coercion = invalid consent.
5. Revocable (Contextual)
Consent must be revocable in contexts where ongoing participation is involved (e.g., sex, research).
Example (Valid):
A medical study participant withdraws consent and is allowed to exit.
→ Revocability honored.Counterexample:
“You already agreed, you can’t back out now.” (in sexual context)
→ Violates revocability; consent is invalidated.
Composite Example (Meets All Criteria):
A competent adult, after reading full documentation and receiving verbal clarification, signs a form agreeing to a research study, knowing they can opt out at any time and facing no consequences for refusal.
✅ Agent
✅ Intentional
✅ Informed
✅ Uncoerced
✅ Revocable
→ True Consent
Why This Matters
Clear definitions of consent prevent confusion between:
Agreement and submission
Volition and pressure
Compliance and autonomy
This matters in law, medicine, relationships, and governance. Without a clear understanding of consent, rights collapse into rituals and contracts become tools of domination.