On Using the Concept of Hypothetical Consent

In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Band 22, Heft 4, S. 793-807

Abstract

Hanna Pitkin's ("Obligation and Consent - I," American Political Science Review 1965, 59, 990-999) use of the concept of hypothetical consent as a basis for political obligation is criticized as unclear. Here, the meaning of hypothetical consent is reformulated, emphasizing the subjective nature of consent & acknowledging the citizen's right to consent or dissent. In terms of the relationship between sovereign & citizen, this formulation of subjective hypothetical consent requires the sovereign to account for the preferences & desires of citizens, while assuming their consent. It is argued that the standard of hypothetical consent contributes to political authority: specifically, the sovereign provides for the demands of the citizens in exchange for political authority. T. Francis