Friday, August 09, 2013
Better late than never?
Posted by Seema Mohapatra on August 9, 2013 at 01:09 AM | Permalink
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Perhaps we need a new term reflecting this gross disparity of power, privilege, and technical knowledge in such cases of "informed consent:" thus we seek truly "epistemic" or "lucid" consent, in which case the party with less power, privilege, or technical knowledge, i.e., intrinsic vulnerability (analogous to the situation of an 'unconscionable' adhesion contract), prompts the necessity for assuring sincere and reasonable efforts have been undertaken to address the disparity whereby the vulnerable party can now be re-described as being in non-vulnerable condition or state owing to its freshly acquired knowledge and understanding of the logic and reasons that animate the request for consent, in other words, that party now possesses the requisite power of agency for enabling the (truly) free act of consent.
Posted by: Patrick S. O'Donnell | Aug 9, 2013 8:08:11 AM
erratum: "be re-described as being in a non-vulnerable condition..."
Posted by: Patrick S. O'Donnell | Aug 9, 2013 8:09:15 AM
I expanded on the comment above yet it is not appearing despite a message to the contrary.
Posted by: Patrick S. O'Donnell | Aug 9, 2013 11:08:48 AM