What Counts as Consent

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.