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IvyMorgan -> RE: Subs Be Aware (9/16/2008 12:56:36 PM)
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ORIGINAL: kidwithknife
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ORIGINAL: IvyMorgan
I'm just then going on an assumption that certain things are so out there you have to question the sanity of the person consenting to them, and so whether they can consent at all.
Which is valid.
But then we have the problem of who defines which activities can be seen as de facto evidence of being unfit to give consent. The history of the psychiatristisation (is that a word?) of 'deviancy' is quite obviously a pretty scary one. I don't think we'd be looking as "is it deviant", but "do you understand the consequences of giving your consent". You can consent to dying, (withdrawal of medical treatment), you can consent, one would presume, to most things. It's not looking specifically at sexual gratification at all.
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On the other hand, I think we run into problems either way. If we're going to take consent as the deciding factor, it has ramifications on far more common issues than this kind of thing.
Can a heroin addict give consent for their dealer to inject them with smack? Does it depend on whether they're currently under the effects of drugs? No, becuase they don't fully understand consequences, either because of their addiction, or because of the influence of the drug.
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How about football hooligans? I'd be hard pressed to seriously argue that they're in any way not willing and stable participants. Assuming that no bystander is put at risk, should they be free to meet up for a knife fight after the match? Sure, why the heck not? Small issue of mob mentality, but, you can consent to joining the mob, so why the heck not?
Just my tuppance, anyway.
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