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you are here: > Canonum De Ius Positivum
> Article 109
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IV. Consensus |
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| 4.1 Consensus | ||
| Article 109-Consent | ||
| Canon 2144 | ||
| Consent is a fictional term describing the collection of one or more internal mind processes including Cognition, Perception, Identification, Sensation, Comprehension, Volition used to evaluate one or more Acts regarding certain Property or Rights and Communicate or not communicate approval. | ||
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| Canon 2145 | ||
| The word consent is derived from the combination of two Latin words con- meaning “with” and sentio meaning “feeling, sensation, thought, attitude or meaning”. | ||
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| Canon 2146 | ||
| The proof of absence of any possible ability for the mind to first evaluate and express its decision on one or more Acts regarding certain Property or Rights using Cognition, Perception, Identification, Sensation, Comprehension, Volition and Communication means no Consent exists. | ||
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| Canon 2147 | ||
| The seven (7) attributes required to be present of any valid Consensus are Cognition, Perception, Identification, Sensation, Comprehension, Volition and Communication: | ||
| (i) Cognition is the necessary attribute of some level of consciousness and therefore ability to mentally process the elements of a Consensus; and | ||
| (ii) Perception is the necessary attribute of being able to observe and distinguish external objects, internal concepts and fact from fiction; and | ||
| (iii) Identification is the necessary attribute that each party knows who they are; and | ||
| (iv) Sensation is the necessary attribute that each party has a general sense of the purpose of the Consensus and recall such senses; and | ||
| (v) Comprehension is the level of discernment and competence as to the existence and purpose of the Consensus; and | ||
| (vi) Volition is the level of conscious choice, reasoning and will in agreeing to the Consensus; and | ||
| (vii) Communication is the evidence and process of communicating the presence of such attributes and the details of the Consensus. | ||
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| Canon 2148 | ||
| Just as there are only three (3) forms of Mind (Lower, Higher and Divine), there are only three possible classes of Consent being Implied, Expressed and Willing: | ||
| (i) Implied Consent is when Consent is presumed to have been achieved with only the Lower Mind, also known as the “lower self” or simply the flesh by virtue of the actions of a person and the facts and circumstances of a particular situation; and | ||
| (ii) Expressed Consent is when Consent is achieved with the Higher Mind and therefore also the Lower Mind (also equivalent to Mind and Flesh) through verbal, or non verbal or written expression form such that it has been made clearly and unmistakably; and | ||
| (iii) Willing Consent is when Consent is achieved with the Will, therefore, the Divine Mind and therefore also the Higher Mind and Lower Mind (also equivalent to Spirit, Mind and Flesh) demonstrating clear knowledge, sound mind and competence of what is being consented through verbal, or non verbal or written expression form. | ||
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| Canon 2149 | ||
| The strongest form of Consent is Willing Consent, because it deeply involves the three forms of Mind, also known as Body, Mind and Spirit in reason, intent and consent. In contrast, the weakest form of Consent is Implied Consent as it involves not only the lowest form of mind, also known as flesh but the presumption of approval. | ||
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| Canon 2150 | ||
| Implied Consent to one course of action concerning the same Property and Rights cannot abrogate, suspend, nor change Express Consent given to some different course of action with the same Property and Rights. Nor is it possible for Implied Consent or Express Consent to abrogate, suspend or change an action expressed through Willing Consent. | ||
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| Canon 2151 | ||
| The Consent of two or more parties to the same acts regarding the same Property and Rights in a valid Consensus makes the law. | ||
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| Canon 2152 | ||
| No Injury can be complained by a Party that has demonstrated Express or Willing Consent. | ||
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| Canon 2153 | ||
| In the absence of fraud and deception, Express Consent or Willing Consent removes or obviates a mistake. | ||
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| Canon 2154 | ||
| Any witness before the courts who witnesses a claim before them and does not deny, therefore admits by Implied Consent. | ||
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| Canon 2155 | ||
| In the absence of any threat or fear, silence to an accusation duly disclosed may be inferred as Implied Consent. | ||
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| Canon 2156 | ||
| Unless fraud and deception can be proven, a person who Expressly Consents or Willingly Consents cannot reject the obligation arising. | ||
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| Canon 2157 | ||
| When any matter is brought before a court having established proper jurisdiction and when consent has been given by both parties for the matter to be heard by a judge and/or jury, a proper Consensus then exists between all parties to seek resolution by a judgment. | ||
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| Canon 2158 | ||
| When duress is evident upon one party in bringing a matter before the court, whether it be by the presence of armed court officials, or the use of threat and intimidation, then no valid Consensus exists and no judgment on the matter can be considered to have been properly rendered as due process of law has not been followed. | ||
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| Canon 2159 | ||
| Natural birth of the flesh is proof of lawful conveyance from a Divine Trust to a True Trust as a result of willing consent by the Divine Person to be born in accordance with these Canons. Therefore, the existence of the body of a living flesh Homo Sapien is proof of their divine (ecclesiastical) consent to obey these Canons. | ||
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