Consent isn’t sufficient to transfer responsibility to another.
These are legalistic concepts, not materialistic concepts.
For example, a contract to transfer responsibility for a crime is invalid regardless of consent.
A contract is valid when it is enforced. And any cartel boss will tell you how “illegal” contracts are regularly enforced between criminal organizations.
Past that, the very subject of crime and enforcement is subjective, as illustrated by the various states of the drug trade, human trafficking, and stolen property. More than one pawn shop has subsisted primarily on fenced goods. The legality of their stock does not appear to inhibit the success of their business.
Legal rights can be fictions but also can be based on ethics.
Consent and responsibility are descriptive not legal concepts there.
Opposing coercion is an ethic. Certain material facts logically imply ethics. A brain has finitely many states it can be in. The whole state space is finitely representable. Minds can be mathematically modeled completely in principle. The concept of strong attractors and flows in the space of all possible minds is thus coherent. The transcendent truth about ethics is unknowable, but that doesn’t allow denial of moral realism.
Sure, consent and responsibility can be legal concepts. De facto responsibility, which is the “who did the deed” sense of responsibility, is what can’t be transferred even with consent. Responsibility in this sense is descriptive. Property and contract play no role in determining who is de facto responsible for an action
The moral claim is that the de facto responsibility should match legal responsibility. This is why contract to transfer legal responsibility is invalid @microblogmemes
De facto responsibility, which is the “who did the deed” sense of responsibility, is what can’t be transferred even with consent.
The process by which de facto responsibility is established is a legal process. The adjudication of blame is a legal decision. Case in point, the current dust up over abortion rights involves states assigning culpability for homicide of a fetus to anyone aiding a pregnant woman in pursuing an abortion.
Everything about this is a legal issue:
The legality of the original act
The culpability of individual participants
The definition surrounding the concept of “aid”
The definition surrounding the concept of “pregnant”
The definition surrounding the concept of “abortion”
Property and contract play no role in determining who is de facto responsible for an action
Property and contract play a role in determining whether an action is socially permissible.
The moral claim is that the de facto responsibility should match legal responsibility.
Morals aren’t objective and the idea of “responsibility” is relative. Parents are considered responsible for the acts of a child, but the legal definition of “parent” and “child” vary by legal jurisdiction. The core concept of “responsibility” is therefore rooted in the legal framework that assigns culpability.
These are legalistic concepts, not materialistic concepts.
A contract is valid when it is enforced. And any cartel boss will tell you how “illegal” contracts are regularly enforced between criminal organizations.
Past that, the very subject of crime and enforcement is subjective, as illustrated by the various states of the drug trade, human trafficking, and stolen property. More than one pawn shop has subsisted primarily on fenced goods. The legality of their stock does not appear to inhibit the success of their business.
Ethics has no material basis.
This doesn’t mean anything.
Consent and responsibility are descriptive not legal concepts there.
Opposing coercion is an ethic. Certain material facts logically imply ethics. A brain has finitely many states it can be in. The whole state space is finitely representable. Minds can be mathematically modeled completely in principle. The concept of strong attractors and flows in the space of all possible minds is thus coherent. The transcendent truth about ethics is unknowable, but that doesn’t allow denial of moral realism.
When you’re discussing contracts and property - which is also a legal concept - they absolutely are legal concepts.
https://www.amazon.com/When-We-Cease-Understand-World/dp/1681375664
Sure, consent and responsibility can be legal concepts. De facto responsibility, which is the “who did the deed” sense of responsibility, is what can’t be transferred even with consent. Responsibility in this sense is descriptive. Property and contract play no role in determining who is de facto responsible for an action
The moral claim is that the de facto responsibility should match legal responsibility. This is why contract to transfer legal responsibility is invalid @microblogmemes
The process by which de facto responsibility is established is a legal process. The adjudication of blame is a legal decision. Case in point, the current dust up over abortion rights involves states assigning culpability for homicide of a fetus to anyone aiding a pregnant woman in pursuing an abortion.
Everything about this is a legal issue:
The legality of the original act
The culpability of individual participants
The definition surrounding the concept of “aid”
The definition surrounding the concept of “pregnant”
The definition surrounding the concept of “abortion”
Property and contract play a role in determining whether an action is socially permissible.
Morals aren’t objective and the idea of “responsibility” is relative. Parents are considered responsible for the acts of a child, but the legal definition of “parent” and “child” vary by legal jurisdiction. The core concept of “responsibility” is therefore rooted in the legal framework that assigns culpability.