Yet the sufficiency of consent can be questioned.
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If informed consent was oral, it must be stated in the paper: (a) why written consent could not be obtained, (b) that the IRB approved the use of oral consent, and (c) how oral consent was documented.
Universal consent and majority consent are thus different in kind, not just in degree.
Is what bioethicists call “proxy consent” one with what lawyers call “impersonal consent”?
What he calls “normative consent” is a theory that regards non-consent to authority, under certain conditions as invalid.
Let us now review the different elements of fully free and informed consent in some detail, starting with the notion of consent itself.
Hence, it appears that tacit consent theory cannot conform to what many have taken to be the highly individualistic spirit of consent theory.
Still, this criticism is quite important because it shows that neither consent nor tacit consent can stand alone as bases of political legitimacy.
Versions of (ii) appeal to those who reject actual consent as a basis for legitimacy, as they only regard consent given under ideal conditions as binding.
The possibility of tacit consent allows that one may consent without having to go through the usual motions associated with expression of consent.
It is important to see that hypothetical consent is not really consent, and so a view such as Hardimon’s is not a voluntarist view, as Hardimon himself readily acknowledges.)
But they add that it is fraudulent to presume consent when consent is not explicitly given and no relevant convention specifies that silence expresses consent.
The judge explained that the jury had to reach a verdict based on an understanding of consent in terms of “enthusiastic consent”, “reluctant consent” and “submission”, which does not imply consent.
If you talk to college students today, they not only have a much richer understanding of consent but also have a critique of consent as being insufficiently attuned to sexual autonomy—consent as a floor rather than as an aspiration.
Consent is, under certain conditions, generally taken to have deep moral significance, but scholars disagree over what forms of consent generate what sorts of obligations and what conditions make consent morally and legally significant.
While consent and informed consent are relevant to medical torts, to distributive and proprietary medical claims, and to ideal (as opposed to merely legitimate) doctor-patient relationships, this entry focuses on informed consent in its central role as a legitimacy requirement for medical intervention.
Wherever practicable we should obtain consent in a form capable of proof which may include a consent form, an email exchange, a recording of the contributor’s confirmation that they understand the nature of the output and are content to take part, or a contemporaneous note of the consent conversations.
Raz helpfully distinguishes among three ways in which the relation between consent and legitimate political authority may be understood (1995: 356): (i) consent of those governed is a necessary condition for the legitimacy of political authority; (ii) consent is not directly a condition for legitimacy, but the conditions for the legitimacy of authority are such that only political authority that enjoys the consent of those governed can meet them; (iii) the conditions of legitimate political authority are such that those governed by that authority are under an obligation to consent.
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Raz helpfully distinguishes among three ways in which the relation between consent and legitimate political authority may be understood 1995 356 i consent of those governed is a necessary condition for the legitimacy of political authority ii consent is not directly a condition for legitimacy but the conditions for the legitimacy of authority are such that only political authority that enjoys the consent of those governed can meet them iii the conditions of legitimate political authority are such that those governed by that authority are under an obligation to consent