Tuesday, January 31, 2017

Consent Is A Really Low Bar For Most Human Interaction

I was talking with someone yesterday about consent. I often think about consent in connection with sexual consent, because I teach and research in that area, but then our conversation moved on to other kinds of consent -- consent to have certain kinds of verbal interactions or other exchanges or engaging in other activities together.

And one of the things I started thinking about was about how consent is a really low bar for most human interaction. What I mean by that is: when you're interacting with people, there's a wide range of things you might concern yourself with that go way beyond whether they're consenting to something. These include things like how your words and actions make them feel in the moment, or how your words and actions are going to make them feel later, or how your words and actions are going to seem in retrospect. You might consider whether the person is is in a moment of difficulty, or doubt, or peer pressure. You might consider whether the nature of the relationship between you, or the specific tone or context, makes it difficult to disagree with or go against you.

Often with sexual consent the same things apply. We talk a lot about consent (and properly so) in the sexual domain, partly engaging in sexual activity with someone without their consent is a particularly egregious harm, so this is a morally bright line. But here, too, consent is often a low bar. If you're in a relationship with someone, and you want to discuss your sex life, and they just keep coming back to how you "consented" to every activity, that person would be acting like an asshole: shutting down the conversation that ought to be happening, about pleasure, and desire, and the texture of life and so on.

And the same thing applies more broadly. If you're asking someone personal questions, or requesting help with your school assignment or something at work, or you're trying to figure out a good way to share share domestic tasks or childcare with you, a respectful and kind person pays attention not only to agreements but also to how the other person seems to feel and the background context and so on.

Sometimes I feel like the whole consent framework is becoming so deeply woven into our way of thinking that it's hard to even see it as a thing -- it just feels like the "way things are." In so many domains we refer back to the idea that if someone agreed to something, then they have to take their lumps: if you said OK, then don't come crying to me. But this is an awful way to interact with the people you care about, and by extension, it's often a crappy way to interact with people in general.

Years ago I wrote a post about how the idea of pursuing self-interest through contract and negotiation had somehow expanded beyond the domains of business or market exchanges and into the fabric of our personal lives. In addition to the points above, I tried to say how constant negotiation was exhausting us: there's no port in the storm, no part of our lives where we can stop trying to create the self-image and situation that will allow us to get the things, like love and caring, that we need to survive.

In that older post I mentioned an idea I'd remembered reading from Simone de Beauvoir: that one reason Western patriarchical gender norms constructed "woman" as naturally nurturing and passive was just in response to this kind of problem: if you take one whole gender as naturally providing the love and care and attention -- not because of negotiation and who is consenting to what, but because that's part of who they are -- well, then the necessity of negotiation and looking out for yourself in "public life" is ameliorated. Some woman -- maybe your mother, maybe your wife -- will be there to offer care and concern. Not necessarily in public life, but domestically, at home, in personal interaction,

Currently, our ideas of "public life" and whatever is the alternative to that are mixed up together, and we're often operating in some weird hybrid domain where we're forming a friendship but also forming a career contact, or we're flirting but we're also hoping for a useful introduction, or we're hanging out but we're also hoping to impress. It's complicated and exhausting. We now know that gender equality means we're all in the problem in the same way together.

The moral, I think, is that taking other people's point of view into account is something we should see as part of normal, respectful, human interaction. Sure, consent is important. But most of what we want to do with one another is not like getting a bank loan, where you sign on the dotted line and you're good to go.  Even if it is helpful as one morally bright line, consent is not the only thing, and in fact it's often pretty minimal for a way of thinking about how you treat the people around you.


Vance Ricks said...

Thanks for that helpful post! Whenever I teach Philosophy and Sexuality (but not only then), I find that, like clockwork, the majority of the class converges on "consensual" as the criterion that's necessary, and in some cases also sufficient, for morally acceptable forms of sexual expression. I write, "converges on" but really, it's just as likely that they're already bringing that view into the class. Often, it seems a fine way of avoiding, or postponing, harder conversations about substantive goods and values that could or should be part of our lives generally, and of our sexual lives specifically. Disagreement about those things is maybe going to be risky to express and hard to "resolve", but retreating to a more contractual (as you put it) conception, where "as long as everybody involved has given consent, then it's okay", seems maximally tolerant, worldly, and maybe even kinky. Has that been your experience in your discussions with students about sexuality?

Patricia Marino said...

Hi Vance, that is very interesting! Yes, this does resonate with my experience. Especially when we talk about objectification, there are so many ways to look at objectification (e. g. in Nussbaum's article) and I find it's sometimes hard to nudge people away from the idea of "well, as long as they consented, then ... it's all good."

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