Consent in the context of "Consent of the governed"

⭐ In the context of Consent of the Governed, which philosophical concept is most directly opposed to the idea that governmental power derives from the agreement of the people?

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⭐ Core Definition: 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.

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👉 Consent in the context of Consent of the governed

In political philosophy, consent of the governed is the idea that a government's legitimacy and 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.

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Consent in the context of Contract law

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty.

Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed-law jurisdictions solely require a meeting of the minds between the parties.

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Consent in the context of Theft

Theft (from Old English þeofð, cognate to thief) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery[heist], embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief (pl. thieves).

Theft is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia and Victoria.

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Consent in the context of Rape

Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent (statutory rape). The wrongness of the rape is not merely or, on many occasions even primarily, the violence against the body of the victim but the violence against the very person of the victim. The term rape is sometimes casually used interchangeably with the term sexual assault.

The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median. Worldwide, reported instances of sexual violence, including rape, are primarily committed by males against females. Rape by strangers is usually less common than rape by people the victim knows, and male-on-male prison rapes are common and may be the least reported forms of rape.

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Consent in the context of Assault

In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

Generally, the common law definition is the same in criminal and tort law.

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Consent in the context of Coup de grâce

A coup de grâce (/ˌk də ˈɡrɑːs/; French: [ku ɡʁɑs] lit.'blow of mercy') is an act of mercy killing in which a mortally wounded person or animal is fatally struck with a melee weapon or shot with a projectile to kill them quickly and end their suffering, with or without their consent. With animals, it may be done by hunters to animals they have shot which have fallen, but which are still alive or by veterinarians to seriously injured animals which are dying or in pain. With humans, it may be done by a firing squad after a volley of shots at a condemned prisoner, or by soldiers in wartime who have captured a seriously wounded enemy soldier, although this may be a war crime.

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Consent in the context of Sexual assault

Sexual assault (SA) is an act of sexual abuse in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape (forced sexual penetration, no matter how slight), drug facilitated sexual assault, and/or the torture of the person in a sexual manner.

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Consent in the context of Involuntary treatment

Involuntary treatment or mandatory treatment refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors.

Globally and even within countries, what is meant by the term "involuntary treatment" is not agreed upon. In/voluntary when applied to medical treatments could refer to a purely legal perspective, an entirely ethical lens, or with components of both. Therefore use of the term is best accompanied by specification to avoid confusion.

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