Law of Consent (1 of 1)
In a system of government where the Bill of Rights makes everyone into a sovereign, the only way your rights can be adversely affected is if you consent to lose them or contract them away in exchange for some "benefit". Below is how Black's Law Dictionary defines "consent":
"consent. A concurrence of wills. Voluntarily yielding the will to the proposition of another; acquiescence or compliance therewith. Agreement; approval; permission; the act or result of coming into harmony or accord. Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. It means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another. It supposes a physical power to inact, a moral power of acting, and a serious, determined, and free use of these powers. Consent is implied in event agreement. It is an act unclouded by fraud. duress. or sometimes even mistake.
Willingness in fact that an act or an invasion of an interest shall take place. Restatement, Second, Torts ยง10A.
As used in the law of rape "consent" means consent of the will, and submission under the influence of fear or terror cannot amount to real consent. There must be an exercise of intelligence based on knowledge of its significance and moral quality and there must be a choice between resistance and assent. And if a woman resists to the point where further resistance would be useless or until her resistance is overcome by force or violence, submission thereafter is not "consent".
See also Acquiescence; Age of consent; Assent: Connivance; Informed consent " voluntary [Black's Law Dictionary, Sixth Edition, p. 305)
Consent, in fact, is what creates ALL law, whether public or private:
"Consensus facit legem Consent makes the law. A contract is a law between the parties, which can acquire force only by consent." [Bouvier's Maxims of Law, 1856;SOURCE: http://famguardian.org/Publications/BouvierMaximsOlLaw/BouviersMaxims.html
Only the criminal laws can impose a universal obligation or "duty" equally upon everyone, and that duty is to refrain from injuring the equal rights of our sovereign "neighbor". This, in fact, is a fulfillment of the second of two great commandments found in Matt. 22:36-40, which requires us to love our neighbor, because you don't hurt people you love:
For the commandments, "You shall not commit adultery," "You shall not murder," "You shall not steal," "You shall not bear false witness," "You shall not covet," and if there is any other commandment are all summed up in this saying, namely, "You shall love your neighbor as yourself"
Love does no harm to a neighbor: therefore love is the fulfillment of the law. [Romans 13:9-10, Bible, NKJ
"Do not strive with [or to , to regulate or control or enslave] a man without cause if he has done you no harm." [Prow. 3:30, Bible, NK.IV] The above concepts were explained more extensively in the book Great IRS Hoax, , where the only legitimate purpose of enforceable law was described as the prevention of harm. All remaining laws other than criminal law are civil in nature and require individual consent in some form to be enforceable. That constructive consent occurs through one of the following three means: 1. Choosing a domicile within the territory of a government that is operating outside of natural law and natural right, and There by becoming subject to injurious civil laws which undermine rather than protect your rights. 2. Engaging in a privileged or regulated franchise. Performing the activity implies constructive consent to the regulation of the activity.
Requirement for Consent
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