Silence implies consent

SeriouslyDebatable

Active Member
In matters of politics, silence implies consent. If you disagree with those attempt to exert power, you have to speak up. If you do not, you have no one to blame for the results but yourself. This goes for the State as well as online spaces like Wiki as well as the office. Unfortunately, people generally don't have enough spirit to speak up. This opens them up to the JediMindTrick. -- SunirShah In RobertsRulesOfOrder, the majority is determined by the number of votes cast. In effect, abstention (silence) does imply consent. Whatever is decided is done so for you.


An interesting argument, but I think that I can find a couple of flaws.

1) I think there are very little things can be decided by other people and done so for you unless you are imprisoned or enslaved in the full sense of the term (actual tangible shackles). My argument is that "where there is a will, there is a way". Someone who is determined will always find a loophole. If one man made it, another man can figure it out. A lock on a door can be picked, or broken, or you could just go through a wall that was neglected to be reinforced. Laws can be looked at in the same sense.

* You can speed not get caught as easily if you have a radar detector.
* A bong and other Drug paraphernalia is illegal, but shops can sell "water pipes" and "tobacco pipes" with pictures of marijuana leaves on them.
* You can avoid taxes by buying things online, out of state, or through trade.
* You can use money, power and/or influence to get special treatment
* There are an incomprehensible amount of laws on the books, and not enough agents to enforce them even if they wanted to.

2) The argument says that silence is consent because whatever is decided [by the majority] is done so for you. The problem with this argument is that the opposite is true for the following reasons. What happens when you vote? You participate in the process. You agree to accept the outcome no matter who wins. You will respect it as law. What happens if you are not in the majority and you don't get what you want? Well your voice is now also consent of something done so for you [by the majority]. Obviously if you voted against it and are in the minority, you did not really consent to anyone doing anything for you (or to you). You simply understood that the system is set up for the majority to rule by force, and you rolled the dice hoping to affect majority opinion. Individuals who understand personal freedom and liberty would have an ethical dilemma if they participated in the use of force. My argument is that you cannot consent to something under duress, and that to be truly non consenting in something, you have to avoid it, not participate in it.

If somebody calls you an idiot (or whatever) and you remain silent. Does this mean you agree with the aggressor? -- FridemarPache No, it may mean that he's too much of an idiot to deserve a response.

If nobody complains about the plastic gnome I placed in my front yard, then it must be that nobody's bothered by it. In fact, everybody may be bothered by it; they're just being silent. You can't be sure that their silence truly means they are consenting to it.


There are too many factors which can influence or cheat majority in artificial ways. Voting is fundamentally unfair, in the sense of equality. The rich and powerful will always influence or steal the vote. They need voters to participate otherwise they have no power at all. There is only one way to stop this other than it collapsing or being destroyed/conquered. That is to not participate... and avoid agents of the illegitimate law and when confronting them, follow their rules. You have to pick and choose your battles and remember even if you are right, you can be DEAD right and then it really does not matter if you were right at all.


Any agreements/disagreements?
 
In matters of politics, silence implies consent. If you disagree with those attempt to exert power, you have to speak up. If you do not, you have no one to blame for the results but yourself. This goes for the State as well as online spaces like Wiki as well as the office. Unfortunately, people generally don't have enough spirit to speak up. This opens them up to the JediMindTrick. -- SunirShah In RobertsRulesOfOrder, the majority is determined by the number of votes cast. In effect, abstention (silence) does imply consent. Whatever is decided is done so for you.


An interesting argument, but I think that I can find a couple of flaws.

1) I think there are very little things can be decided by other people and done so for you unless you are imprisoned or enslaved in the full sense of the term (actual tangible shackles). My argument is that "where there is a will, there is a way". Someone who is determined will always find a loophole. If one man made it, another man can figure it out. A lock on a door can be picked, or broken, or you could just go through a wall that was neglected to be reinforced. Laws can be looked at in the same sense.

* You can speed not get caught as easily if you have a radar detector.
* A bong and other Drug paraphernalia is illegal, but shops can sell "water pipes" and "tobacco pipes" with pictures of marijuana leaves on them.
* You can avoid taxes by buying things online, out of state, or through trade.
* You can use money, power and/or influence to get special treatment
* There are an incomprehensible amount of laws on the books, and not enough agents to enforce them even if they wanted to.

2) The argument says that silence is consent because whatever is decided [by the majority] is done so for you. The problem with this argument is that the opposite is true for the following reasons. What happens when you vote? You participate in the process. You agree to accept the outcome no matter who wins. You will respect it as law. What happens if you are not in the majority and you don't get what you want? Well your voice is now also consent of something done so for you [by the majority]. Obviously if you voted against it and are in the minority, you did not really consent to anyone doing anything for you (or to you). You simply understood that the system is set up for the majority to rule by force, and you rolled the dice hoping to affect majority opinion. Individuals who understand personal freedom and liberty would have an ethical dilemma if they participated in the use of force. My argument is that you cannot consent to something under duress, and that to be truly non consenting in something, you have to avoid it, not participate in it.

If somebody calls you an idiot (or whatever) and you remain silent. Does this mean you agree with the aggressor? -- FridemarPache No, it may mean that he's too much of an idiot to deserve a response.

If nobody complains about the plastic gnome I placed in my front yard, then it must be that nobody's bothered by it. In fact, everybody may be bothered by it; they're just being silent. You can't be sure that their silence truly means they are consenting to it.


There are too many factors which can influence or cheat majority in artificial ways. Voting is fundamentally unfair, in the sense of equality. The rich and powerful will always influence or steal the vote. They need voters to participate otherwise they have no power at all. There is only one way to stop this other than it collapsing or being destroyed/conquered. That is to not participate... and avoid agents of the illegitimate law and when confronting them, follow their rules. You have to pick and choose your battles and remember even if you are right, you can be DEAD right and then it really does not matter if you were right at all.


Any agreements/disagreements?
Interesting . . . seems you are making a case for boycotts . . . which can be a very effective change strategy . . .
 
I think it's a simplification. Consent is active. Silence is passive. You need to look at the reasons for silence in any one case before equating it to consent. One can also be vocally opposed to something and still consent.

You also need to define your terms. Consent can mean agree or allow, which are quite different for, say, taxation, or speed limits.
 
And agreeing to accept the result of a vote is very different to agreeing with the arguments of whoever wins the vote. Silence there can mean neutrality on the arguments, you consent to the outcome, you do not consent with the argument.
 
I think it's a simplification. Consent is active. Silence is passive. You need to look at the reasons for silence in any one case before equating it to consent. One can also be vocally opposed to something and still consent.

You also need to define your terms. Consent can mean agree or allow, which are quite different for, say, taxation, or speed limits.

To define... The only time silence should be consent, is if someone is accusing you of something in a lawful sense. For example, if someone claims you killed their dog, and they report it to the police... and there is no evidence, but they still take you to court, and you fail to answer questions in court... that is consent. All other forms of silence, are not consent.
 
Silence is not consent unless the law defines it as such - if you have a right to silence then you can sit there and say nothing, and if the court agrees with you that here is no actual evidence of the action then you will still get off.

there are some movements around the world to change this, but I think in most western democracies it still remains teh case.
 
Silence is not consent unless the law defines it as such - if you have a right to silence then you can sit there and say nothing, and if the court agrees with you that here is no actual evidence of the action then you will still get off.

there are some movements around the world to change this, but I think in most western democracies it still remains teh case.

That is consent... consenting to the courts decision and not vocally declaring yourself. Sure, you can sit there and do nothing, and say nothing, and they COULD say "innocent"... but if they ask you to plea and you nor your lawyer says nothing, they probably won't say "innocent". If they happen to say "guilty" and you say "wait wait wait I want to plead innocent" Well it is too late for that. At that point. the judge has already made their decision.
 
consent means to agree to allow. If you do nothing to stop someone's actions, than you MUST agree with them otherwise you would not cooperate.
 
Being silent in court is not consenting to the courts decision - it is being silent in court.

the difference betwen silence and consent has already been pointed out to you.
 
consent means to agree to allow. If you do nothing to stop someone's actions, than you MUST agree with them otherwise you would not cooperate.

Indeed - consent has a completley different definition to silence - so why do you still maintain that silence means consent????
 
If you equate non-response (after repeated posts pointing out incorrect info), in Forums such as these, to silence....how could that possibly considered agreement? Or not even initially responding to obviously crazy claims...that would be considered agreement?
 
Mike...
I agree with the supreme court on this one. It is not rape if the person does nothing to stop them. You can't rape the willing. There are actually women who have a fetish to try to get raped.

The only thing that would disqualify it from being consent, is duress, that is, If the person believes that resistance will result in immediate harm or injury, like if the guy surprised her from behind with a knife and told her that he would cut her throat if she made any sound. That reminds me of a joke Reagan told once about duress.

http://www.youtube.com/watch?v=qColFjbzoK0#t=393s
 
Sadly it seems that a majority of justices in the CT supreme court have a fairly myopic view of silence and consent too - it is not rape if the victim can struggle and doesn't actually do so!!

That's just awful. I had to log out and log back in later before I could bring myself to comment. :(
How could anyone assume consent as given? Ugh, that's messed up and I feel so sad for the woman involved. If someone has great difficulty communicating, the onus is *very much* on the person who needs to obtain consent... or not in this instance. :( I strongly believe it should be. The implication seems to be - [in Connecticut] it's okay to have sex with someone if they don't actually consent.
 
That's just awful. I had to log out and log back in later before I could bring myself to comment. :(
How could anyone assume consent as given? Ugh, that's messed up and I feel so sad for the woman involved. If someone has great difficulty communicating, the onus is *very much* on the person who needs to obtain consent... or not in this instance. :( I strongly believe it should be. The implication seems to be - [in Connecticut] it's okay to have sex with someone if they don't actually consent.

You don't have to LIKE something to consent to it. Consent simply means you are allowing someone to do something. Like it or not. If you do not say no, or if you do not attempt to stop the person, then you are consenting. Period. If you think it is awful then you should do something about it... like stand up for yourself. SAY no... STRUGGLE... attempt to stop them as best as you can.
 
If you do not say no, or if you do not attempt to stop the person, then you are consenting. Period.

I'm pretty sure we've whown that is BS already - why do you repeat nonsense?

And boy did you ever miss the point of the post:rolleyes::confused::mad:

If you think it is awful then you should do something about it... like stand up for yourself. SAY no... STRUGGLE... attempt to stop them as best as you can.

Even here you only say you "should" struggle. There is no compulsion to do so.

It may be that you are resigned to your fate - that does not mean you consent to it but you think there is nothing useful you can do, or anything you can do will just make it worse.

Perhaps you should also go and read what happened to the woman in CT??
 
I'm pretty sure we've whown that is BS already - why do you repeat nonsense?

Got a mouse in your pocket? We?? BS.

People consent to things all the time that they do not like. I do not want to pay a tax on cigarettes or gasoline, but when I buy cigarettes or gasoline, (I get free matches) then I consent to the tax. I don't even have to say a word.

If I do not try to close my legs if someone tries to spread them open, then that is consent. If you do not agree, then that is fine, but the supreme court agrees with me, not you. My point has merit whether you think it is BS or not. Just because you do not understand something, does not mean that it does not make any sense.
 
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