Recorded Assent Detached From Refusal Conditions: Why a Recorded Yes Can Lose What Saying No Would Have Cost
Year: 2026
Type: article
Abstract: This conceptual paper introduces Recorded Assent Detached From Refusal Conditions, a mechanism in which a recorded yes is used to infer willingness or authorization while the conditions of refusal are omitted or disregarded. Those conditions may be missing from the record or remain within it but receive no weight. The paper separates the expression of assent from the conditions required by the applicable standard of consent. It asks what the person was told, what alternatives existed, and what refusing would have meant. Costly refusal does not automatically invalidate assent, and willingness is distinct from valid authorization. The discussion connects the mechanism to Faden and Beauchamp’s distinction between autonomous authorization and institutionally effective consent. It examines Bumper v. North Carolina (1968), where an officer’s announcement of a warrant remained in the record but was set aside in the prosecution’s reliance on assent. The Court held that acquiescence to that claim of authority did not establish voluntary consent. Part of the Power, Permission, and Obligation series within On Human Modeling, the paper examines who sets refusal conditions, keeps records, and judges their sufficiency. Its framework can inform human–AI research on how systems interpret consent logs and user confirmations while accounting for the conditions under which assent was given.
Author: Cary, Alexandra
Language: English
Field: Medicine
Domain: Health Sciences
Open Access status: green
OpenAlex ID: W7225771596
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