For instance, in Moore v. Regents of the University of California, the court ruled that a physician violated informed consent obligations to his patient (Moore) by performing surgery and ordering follow-up blood draws without disclosing that he was also developing a potentially lucrative cell line from the patient's specimens.
"Holding hearings during a recess, when members cannot attend, fails to meet our constitutional advice-and-consent obligations," their Oct. 15 letter says.
Political legitimacy depends not on how a government came to power, but only on whether it can effectively protect those who have consented to obey it; political obligation ends when protection ceases.
Given its importance for the development of human social life, five more chapters are devoted to the topic of promises and pacts: on their nature, subject-matter, types, and conditionality, as well as the sorts of individual and collective agents capable of generating consent-based obligations by promising or agreeing with one another.
Estlund notes that actual explicit cases of consenting can fail to produce obligations if what is consented to is seriously immoral.
In the nullified consent case you still have an obligation not to do what you consented to do and in the nullified non-consent case you still have an obligation to do what you refuse to consent to do.
Since his non-consent is nullified, he has, in effect, consented and he is therefore under an obligation to the authority.
In his article "Duty to treat or right to refuse", Daniels argues that when a person chooses a career in a particular profession, it must be understood by all parties that this individual has both accepted and is willing to take the risks that are inherent to that profession [ 14]: "Consent is crucial where obligations to take risks exist in various occupations or professions.
[T]he principle that promise or consent creates obligation is foreign to the idea of justice...
They include consent, legal obligation, to fulfil a contract with an individual, to protect life, and so on.
(See the section on consent, political obligation, and the ends of government in the entry on Locke's political philosophy).
