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NeCede's

Maxim 6.1.18

He who can will [exercise volition,] has a right to refuse to will, [to withhold consent.].

Source: Dig. 50, 7, 3; Weisman, 21d; Weisman, 21c Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The right to consent necessarily includes the right to withhold consent — volition is meaningless unless refusal is equally available.

Where this applies

  • A homeowner is told she must consent to a city inspection, but she has an equal right to refuse — you cannot have a right to say yes without also having the right to say no.
  • A patient asked to sign a consent form for surgery has every right to decline — the power to consent necessarily includes the power to withhold consent.
  • A citizen asked to waive his rights during a police encounter can refuse, because the freedom to agree means nothing unless he is equally free to disagree.

Legal domains

Cite this maxim

NeCede Max. 6.1.18 — He who can will [exercise volition,] has a right to refuse to will, [to withhold consent.]. — Dig. 50, 7, 3; Weisman, 21d; Weisman, 21c

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