 |
 |
 |
 |
 |
 |
 |
Hypothetical Consent
The idea that while I might not have given explicit consent or done any kind of action that might imply tacit consent, I still might have said to have consented if, when I thought about the question, I would consent.This can be extended further, so that even if I would not consent now, if I were a rational actor provided with all the facts, then I would hypothetically consent.
While this form of consent gives the possibility of reconciling voluntarism and universalism, it has been criticized for being a very weak form of consent. The person consenting might not be aware of the question and might not even be aware of their own opinions. In addition, by appealing to rational actors in possession of facts which individuals might not have, the entire concept of consent is removed - it doesn't matter if people agree or disagree, the only thing that matters is a utilitarian calculus independent of the opinions of individual people.