The Declaration of Independence notes that state’s derive “their powers from consent governed”. In this essay I will argue that the state has the right to rule as we consent to its power, we express our consent through tacit consent. This essay will also analyse the issues faced by tacit consent. The state’s legitimate right to rule derives from the equally legitimate consent given as part of the social contract
The issue of whether the state has a legitimate right to rule over us, arises as many political philosophers argue that we are free agents, which leads to two issues, autonomy, and welfare. The autonomy issue arises as individuals are free to express their autonomous will, free of interference, however state authority clashes with autonomy. The welfare issue arises as individuals should be free to pursue their conception of good life, aspirations and, desires, however, once again state authority clashes with welfare.
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It resolves issues of individual freedom and state power as giving consent is permission for the state to rule and place restrictions in the form of legislation. Consent theorists argue that state interference is not harmful as, if we consent to the state having the right to rule over us and we believe that they are acting in our best interest, then state power is not harmful and there is no welfare issue and thus the state has the right to rule. In addition, consent also deals with the autonomy issue of individual freedom as if individuals consent to the state’s right to rule over us, they consent as free agents and therefore the state ruling is consistent with autonomy and nor is it an