Author: Curt Doolittle

THE DIFFERENCE BETWEEN VOLUNTARY (volition) AND CONSENSUAL (consent)
‘Voluntary’ is the via positiva of the via negativa ‘Coercive’. So voluntary means ‘not coercive’. We’ve standardized on the use of voluntary because of the legal tradition of the term.

Consensual is a term between parties, voluntary is a term independent of other parties. As such voluntary accommodates externalities where consent does not.

The terms “voluntary” and “consensual” both relate to actions or agreements that involve the willingness and agreement of individuals, but they have subtle differences in meaning and usage. Let’s compare and contrast these two terms:

Voluntary:

Definition: “Voluntary” refers to something that is done or undertaken by a person’s own choice and free will, without external coercion, pressure, or force. It implies that the individual acted without being compelled or forced to do so.

Usage: The term “voluntary” is often used in a broad context to describe actions, behaviors, or decisions made without external influence. For example, volunteering for a charity, donating to a cause, or participating in an activity out of one’s own choice are considered voluntary actions.

Legal and Ethical Implications: In legal and ethical contexts, voluntary actions are typically viewed positively because they reflect individual autonomy and freedom of choice. Consent may also be a part of voluntary actions, but the emphasis is on the absence of coercion.

Consensual:

Definition: “Consensual” specifically refers to situations where two or more parties agree or give their mutual consent to engage in a particular activity, relationship, or contract. It implies that all parties involved have willingly and knowingly agreed to the terms or actions.

Usage: The term “consensual” is often used in situations where informed and mutual agreement is crucial. For example, in legal contexts, consensual relationships, such as consensual sex or consensual contracts, emphasize that all parties involved have willingly agreed without any form of deception or coercion.

Legal and Ethical Implications: Consent and consensual agreements are essential in various legal and ethical contexts to protect individuals’ rights and ensure that they are not subjected to unwanted or non-consensual actions. Consent is a key component of consensual agreements, and these agreements are typically legally binding.

In summary, while both “voluntary” and “consensual” involve individual choice and willingness, “voluntary” emphasizes actions or decisions made without external influence, while “consensual” specifically emphasizes mutual agreement between parties. “Consensual” is often used in contexts where ensuring informed agreement is critical, such as in legal agreements or relationships.

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