"I would like to consider some further aspects of the role of consent in the early twentieth century legislation. First of all, when we conceive of consent theory as a theory absent of any choice-operating as a means of delimiting borders rather than of defining behavior-the problems and contradictions that occur when it runs up against “reality”begin to make more sense. When Pateman, for instance, notes that, “consent as an ideology cannot be distinguished from habitual acquiscence, assent, silent dissent, submission, or even enforced submission. Unless refusal of consent or withdrawal of consent are real possibilities, we can no longer speak of “consent” in any genuine sense,”104 she is clearly understanding consent as something linked to juridical freedom or, more basically, to choice. Likewise, when Agamben, in his discussion of medical experimentation on prisoners in Nazi concentration camps or in United States prisons that that, The final criterion, which elicited general agreement, was the necessity of an explicit and voluntary consent on the part of the subject who was to be submitted to the experiment .. [T]he obvious hypocrisy of such documents cannot fail to leave one perplexed. To speak of free will and consent in the case of a person sentenced to death or of a detained person who must pay serious penalties is, at the very least, questionable, he is operating within the same framework. If, however, we understand consent as no more and no less than means of defining sovereign space-of collapsing political and biological borders and boundaries-the seemingly perverse or at least disingenuous insistence on consent in such situations becomes more reasonable. The question is not whether the individual “really” consented to what is, for all intents and purposes, sexual, social, reproductive, political, biological, or medical enslavement. It is instead the extent to which the consensual relationship has successfully defined both political and biological space. Indeed, we can see in these early approaches to reproduction, experimentation, and execution important precursors to the humane reliance on lethal injection-rather than, say, beheading, hanging, or electrocution-as a means of eliminating criminals in the modern United States. Above all a spectacle of consent, the lethal injection-absent any wound or executioner-plays out first and foremost as a doctor/patient relationship, the physician eliminating the biologically passive, juridically consenting citizen in the end for his own good."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Original Language: English
Available Languages (1)
Sources
Agamben 1998, 157; quoted on pp.52-53
https://en.wikiquote.org/wiki/Consent
Revision History
No revisions have been submitted for this quote.
Categories
Consent
55 quotes on TrueQuotesView all quotes by Consent →
Related Quotes
"Similarly wobbly views on sex and adolescents—or rather sex with adolescents—are on profligate historical display els…"
"Rubenfeld is right that most instances in which one of the parties having sex (or both) have failed to give consent t…"
"In order to answer the question about the conditions under which sex is morally wrong, we need to know what it means …"
"Isabel Grant, a law professor at the University of British Columbia, agreed that the way the Supreme Court rules coul…"
"“Consent is ‘Do you want to have sex this time with this person?’ And we can’t imply that from the fact that you’ve h…"
"The jurisprudence of this Court also establishes that there is no substitute for the complainant’s actual consent to …"
"As stated, informed consent is both a legal obligation and an ethical principle. The requirement that medical provide…"
"These two arguments for inalienability, one looking to coercion and the other to invidious symbolism, begin to merge …"
"“In one sense of the word” observes Robert Lee Hales, “no labor is “involuntary"-not even that of a slave. It is perf…"
"Narrated 'Aisha: I said, "O Allah's Apostle! A virgin feels happy." He said, "Her consent is (expressed by) her silen…"