Anthony de Jasay’s views on mutual agreement, or mutual consent, are grounded in his broader philosophical perspective, particularly his emphasis on voluntary interactions and individual autonomy. While he didn’t provide a formal definition of mutual agreement, his writings suggest several distinguishing features of such agreements according to his viewpoint:
- Voluntary Consent: Mutual agreements, as understood by de Jasay, must be based on the voluntary consent of the parties involved. In his view, individuals should be free to make choices and enter into agreements without coercion or external interference.
- Absence of Force or Fraud: For de Jasay, genuine mutual agreements exclude any element of force, fraud, or coercion. The parties must be free from threats, deceit, or manipulation that could undermine the voluntary nature of the agreement.
- Reciprocal Benefit: De Jasay often stressed the idea that mutual agreements should be mutually beneficial. In other words, each party to the agreement should perceive that they gain something of value from the arrangement. This aligns with his broader economic thinking about voluntary exchange in market transactions.
- Private Autonomy: Mutual agreements are rooted in individual autonomy and the right to make decisions about one’s own life and property. De Jasay believed that individuals should be free to set the terms of their agreements and contracts as long as they do not harm others.
- Enforceability: While de Jasay advocated for the minimal role of government, he recognized the importance of having a legal framework to enforce contracts and protect property rights. In a society based on mutual agreements, there should be mechanisms in place to resolve disputes and uphold the terms of agreements.
- Consent-Based Governance: De Jasay’s thinking extended to the realm of political philosophy, where he argued for forms of governance that are based on the consent of the governed. He believed that individuals should not be subjected to a government’s authority without their consent.
- Avoidance of Imposed Agreements: De Jasay was critical of government policies and regulations that imposed agreements or conditions on individuals without their consent. He preferred a system where individuals had the freedom to choose the agreements and associations they entered into.
It’s important to note that Anthony de Jasay’s views on mutual agreement are closely tied to his broader philosophical stance, which emphasizes individual liberty, limited government, and the primacy of voluntary interactions. His work often challenged the legitimacy of coercive authority and sought to establish a framework in which individuals could exercise their autonomy through mutual agreements and contracts while enjoying protection from fraud and force within a legal system.
