There are certain concepts that underlie everything in which one
believes. Equality is a good example, especially for those on the
political left, who seem to hold it sacrosanct above all other concerns.
Obedience to God is another good example, especially for social
conservatives and the religious right. I have stated many times than
mine is individual rights. However,
something else exists beneath the very assumptions that go into my
valuation of individual rights. After all, I don't mind collectivism
when people choose it. For example, a volunteer military or an athletic
team don't bother me in the slightest, even though, as coaches and
corporate executives are fond of reminding us, there is no, "I," in
team. Furthermore, the fact that I have no issue with accepting a
balance of rights and interests when it comes to individual rights means
that I am open to compromise. What I am valuing above individual rights
that makes me willing to compromise on them? The answer occurred to me
during the recent controversy over a rape scene in the television series
Game Of Thrones, which I have never seen. As one hopes you are all
aware, consent is a fundamental concept underlying our modern conception
of rape. Old-fashioned notions of rape relied primarily on force as the
defining factor of the crime, which was and continues to be
unfortunate, both because of how victims are judged and because of the
fact that this tends to cause people to misunderstand the character of
the evil involved in the act. Statutory rape, child molestation, date
rape, bestiality, marital rape, rape facilitated by coercion, rape
taking place while the victim is unconscious, and likely other forms of
rape of which I am unaware, can easily be accomplished without the use
of violent force and can only be acknowledged/properly understood by
application of the concept of consent. Thinking about all of this led to
me contemplating consent as a concept quite deeply and I realized that
all of my worldview, from morality, to philosophy, to politics, to
religion, to whatever else you'd care to name all stem from my
insistence that consent must be given. Name any action a human being can
do to another and, if a person capable of consenting consents to it, I
will consider it entirely harmless. To justify this, I will need to
define consent, and I'll get to that in the next paragraph. As I proceed
with this piece, I will do under the assumption that I am right and
that all morality and any world that wishes to call itself just should
base itself on consent. While there are many things in the world about
which I must confess nearly total confusion, such as the U.S.
government, or things I have an inkling about where I stand but must
defer to experts, such as with global warming, that consent should be a
foundational principle upon which we all should be able to agree. Not
everyone will agree with me, of course, but, like anyone who has come to
a conclusion about anything, I do think I'm right and will proceed
accordingly.
Consent
seems like a simple enough concept to define. That is deceptive. Sure, a
decent enough working definition would be something like, "The state of
having given permission for action to be taken directly affecting an
individual." However, not everybody has the ability to give consent.
This includes children (not mentally developed enough yet to give
consent), animals (not intelligent enough to give consent), the mentally
handicapped (lacking the wherewithal to give consent), the intoxicated
or drugged (not of sound mind to give consent), anyone in a situation
where not consenting isn't a viable option (self-explanatory), anyone
unconscious (again, self-explanatory), and probably more exceptions I
can't think of right now. In the case of children, their consent is the
responsibility of their legal guardians (and that status can be revoked
if abused). Other cases involve proxy to someone with power of attorney.
Now, I've heard it said that sex is a woman's power, but, really, our
consent is all the power any of us has and its violation is a terrible
thing. Sex is such a powerful thing for human beings and I think that's
the reason why consent's role is so heightened with it. This is why rape
crisis counselors will tell you that rape is about power, not sex. All
violations of consent are about power. Rape (all forms of it, including
child molestation) is just the most intense version of that consent
violation that can happen to a human being. Murder is about taking your
life without consent and removing all chances you would've had to
consent or not to any and everything for the rest of your life. Theft is
about taking your property without your consent. Rape with consent is
not rape, it's sex. Murder with consent is not murder, it's assisted
suicide. Theft with consent is not theft, it is charity. Plug any crime
you like into that formula and you'll find a similar endgame. Crimes
that are not, in my view, crimes at all are the exceptions to that rule.
Prostitution with consent is prostitution. Gambling with consent is
gambling. Drug use with consent is drug use. With less straightforward
crimes, the formula gets a little wacky. Drunk driving with consent is
doing so on closed off private roads where every last one of the other
drivers is completely aware of it and agrees it's fine. Arson with
consent is a big controlled fire with proper safety equipment available
in accordance with fire codes. Illegal immigration with consent is, um,
becoming an immigrant the legal way. Assault and battery with consent
is, um, S&M? Anyway, you get the point. Like individual rights
though, consent is a matter of rights and interests, and I'm fine with
that. Eminent domain, for example, violates a person's consent, and is
such a libertarian bugaboo for precisely this reason. Essentially,
anytime the government wants to do something against the consent of an
individual, all I ask is that the debate be robust and that nobody
forget the gravity of the situation.
The
importance of consent has been etched into my very being by my life's
experiences. From the early stories my father told me of the days of the
Vietnam War draft, to the mandatory pep rallies that amounted to
parties for my bullies I was forced to attend, to the many rape
survivors I have known, to my own abusive relationship, to my rejection
of a divine creator who would have the gall to create me sick and then
demand me to be well on pain of infinite torture, to the many moments of
open defiance I've had to show as business owner to more people than I
ever expected. For this life to be of any value whatever, the first
thing you've got to have is the ability to move without a boot heel on
your neck. There's not much I think I know about politics anymore, but I
do know that there will always be people from all over the spectrum who
know the power of the consent you have to life your life on your own
terms and think, with intentions good, bad, and indifferent, that they
know better than you how to live your own life. You see it with the
right trying to control the lives of gays, women, and gamers and you see
it with the left trying to control health care, education, and business
owners. Know that you in control of your own life is the way things
ought to be and that you've got to fight the bastards trying to take
that control away with everything you've got. What is your life, after
all, if not a collection of the things you've consented to and not?
Change any one of the decisions you've made throughout your life,
however, slight and it could Butterfly Effect things so drastically that
you would not, in any real sense, be the one reading these words
anymore. Once we reach an age where we are capable of consent, everyone,
our guardians and our government, need to get out of our way and let us
make our own mistakes. Consent is that important.
-Frank
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