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Consent Theory is derived from John Locke's idea that "all men are created equal. John Locke (29 August 1632 – 28 October 1704 was an English Philosopher. The quotation "All men are created equal" is arguably the best-known phrase in any of America 's political documents as the idea it expresses is generally considered " While this is sometimes interpreted to mean that all men are created equally good, or equally able, it actually means that no person has natural authority over any other. There is, however, legitimate authority, but this is certainly not natural, and must be instituted by consent. In the absence of evidence of expressed consent, the State's assumption of authority is derived from an assumed consent on the part of its citizens, see Theory of Consent from an anarchocapitalistic point of view. Anarcho-capitalism (also known as Free-market anarchism) is an individualist anarchist Political philosophy that advocates the elimination

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Types of Consent

Actual Consent - Actual Consent is consent that has to be given through a sign. There are two types of actual consent.

Expressed Consent - This is consent that is given through an obvious or intentional sign. For example, a signature or a handshake is expressed consent.
Tacit Consent - Tacit Consent is consent that is inadvertently given through a sign. For example, living in a country and choosing not to move is tacit consent, in that staying is giving authority to the state.

Criticism

Consent theory is criticized for a number of reasons. For one, after the original administering of consent by the people, subsequent generations are only able to give tacit consent to the government at best. However, in order to give consent, one must be able to not give consent as well. Tacit consent can be restrictive to this latter notion. For example, a person may not want to give consent to their state at all, but cannot move because it is not financially feasible for them.

See also

References

Consent as a term of jurisprudence is a possible defence (an Excuse or justification against civil or criminal liability Social contract describes a broad class of republican theories whose subjects are implied agreements by which people form Nations and maintain a Social order John Locke (29 August 1632 – 28 October 1704 was an English Philosopher.
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