@Pants-of-dog
Thanks for indulging me as requested; however, I asked you specifically how power imbalance creates involuntary action, you have not shown this.
For instance, after giving a contemporary definition for rape and sexual assault, you gave the following commentary:
Pants-of-dog wrote:They give an example of a person who is forced to have non-consensual sex or get fired.
This is an example of a boss using his power to force his employee into unwanted sex.
I don't see anywhere in this scenario where a person did not have the choice between two alternative endings. I still see the choice between job and sex, so long as that occurs, voluntary action still exists. I am only opposed to this activity inasmuch as it may or may not be a violation of a predetermined contract (some explicitly stating the terms of employment termination as to exclude sex, etc).
Pants-of-dog wrote:.....No doubt you will tell us all,how you have too much dignity for that, and so you would not do it, and so it is not sexual abuse.
But that would be a generalization from your own experience, which is a fallacy.
Fallacy of Presumption.
Pants-of-dog wrote:Nor does it contradict the fact that employers can use their power to sexually harass their employees.
They use what they have to offer, that the other agent wants, as a means of getting what they want, that is correct. I do not regard it as an exercise of power as to nullify involuntary action unless voluntary action was actually stopped.
Let me ask you a question of this.
In marriage, men and women have different physical strengths. Lets say the wife wants the husband to get some boxes out of the attic that she can't get down on her own. Lets say he gives her one of these gestures as to imply what he wants in exchange for this act:
Now, lets say the wife in this case doesn't really want to give him a blowjob, but does so in order that he gets the heavy boxes down from that attic; since he used his "power imbalance" as leverage for a BJ that his wife didn't want to give ,
wouldn't that be sexual assault under your definition?
Just curious. I'd like to see @Drlee 's opinion on this question as well.
Pants-of-dog wrote:I hope this clarifes how power imbalance can lead to sexual violence.
This wasn't what I asked for though, I deny the contemporary definition of both consent and sexual violence, and when I gave my definitions and case in response to your claim that I was ignoring power imbalance (my definitions and arguments are the reason why I see such as irrelevant), you then continued to argue that they were relevant,
so I asked you how such created involuntary sexual action. You have no provided this evidence at all. It doesn't matter if you are the president of the United States, the Pope, Bill Gates, or Genghis Khan, if you can voluntarily refuse sexual involvement it is not rape according my definitions. I told you that,
given my argument, that power imbalance was irrelevant and you decided to go ahead and make my point for me.
Thanks.
Drlee wrote:POD did a good job with this.
I think he did a very good job explaining his position and how its not my position
But, before getting in too deep here with you DrLee, let me just say I generally respect your good sense on political matters and your moderate and measured stance on most issues. I say this by way of preface because you are not likely going to be able to take this intellectual journey with me.
If I have you pegged correctly, your zealous moderatism will keep you from following any argument, no matter how logical, if it were to take you to some form of extremism. My position here certainty does this by most contemporary standards though it would not have been regarded as so extreme 150 years ago and earlier.
Perhaps I am being presumptuous, but your tone as you start your response gives me the impression that your opposition to my view has more to do with how it settles with you and not so much with its debatable content.
Lets dig in then:
Drlee wrote:I am concerned with our notion that biology determines intellectual ability. It does not.
That was not my argument, and I made my argument quite clear on this, but I will quote myself for you to understand the gist of my point:
Victoribus Spolia wrote:A voluntary act is still a voluntary act irrespective of background and 13 year old girls are capable of reproduction and often promiscuous; the reason does not matter. Its only that they are and capable of such that is relevant to my point and that they were historically capable of shouldering the consequences of this sexuality with adult responsibility......I don't think girls who are capable of sexual reproduction are too young to consent, the law is flawed on this. Being ill-prepared or lacking foresight is not the same as lacking the capacity for consent or being a child (unable to reproduce sexually).
Please note in bold as it specifically address your objection.
Also, I think you really need to address this post specifically (link below) on some of these matters if you are so inclined:
viewtopic.php?f=45&t=172456&start=760Drlee wrote:A 13 year old (your magic age it seems) is not intellectually well developed.
Most of my reasoning on this is covered in the above link and my previous remarks, but the number is not arbitrary it is the age of manhood is judaism and was the
de facto age of adulthood in most ancient societies and all primitive societies for most of human history, which, not coincidentally, also corresponds to the general age of sexual re-productivity in humans.
Likewise, and very important in the context of this conversation regarding U.S. statutory rape laws and the argento case, this is the age of legal consent in Japan (a developed country).
So, this is not a "magic" number, I am arguing it as a resonable number with some precedent, both historical, contemporary (Japan), and biologically.
I have further confirmed this number in discussion of common teenage experience regarding junior high promiscuity.
Drlee wrote:You were very quick to mention Christianity. You are aware that when you discuss ancient Christian/Judaic beliefs you ignore the penalty for sex outside of marriage. Death.
Sex before marriage was not death, it was either a fine to the father from the young lad or a shotgun wedding, which I think is quite reasonable in point of fact.
Drlee wrote:Certainly you would not advocate for that now.
Yes I would.
I am a theonomist after all.
https://en.wikipedia.org/wiki/TheonomyDrlee wrote:More concerning is what appears to be your idea that there are no sexual crimes. This statement is little short of outrageous:
I don't think this is fair, but then again, I doubt you are very aware of my political views.
I am an Anarcho-Capitalist, so techincally, I do not think there are"crimes" if we mean laws as defined by a state. I think acts that are "involuntary" are immoral as a violation of rights, and I believe a violation of God's laws is not only universally sinful, but is criminal if violated within a covenant community that is voluntarily formed on private property.
My broad political actions are purely self-serving. For instance, I believe in homeschooling, so I support laws that protect and benefit what I am doing, et al. However, if I had my choice, I would have the state with its law disappear altogether.
Indeed, I have no particular affinity for our government beyond this and also some vague sense of American patriotism that is more nostalgic than rational (which I freely admit).
My "outrageous" remarks are consistent with my position on this, all voluntary contracts are valid, even if their contents are immoral according to God's law. I think God Himself acknowledges this dichotomy; contracts and vows are valid even if their contents are lawless (examples could be given, ask if you want them).
Drlee wrote:I know you are trying to be edgy because you are far to smart to be this shortsighted.
I actually tend to think my position just sounds edgy because its so far out of the mainstream (on-the-edge I suppose); however, it flows from my views (as stated above).
Drlee wrote:Until Dr. Jones takes over as administrator. He calls her into his office and tells her that she either has sex with him or she is fired that day. And you have somehow concluded that the reward for her steadfastness to what is right is that she lose her job and retirement. You say this should be "permissible".
Correct; the only way I would be opposed to this is if there was something in the employment contract precluding termination on the grounds of refusing sexual advances by the employer. Likewise, if it was specified that her earned retirement was hers irrespective of termination, she should not deprived of such. If such was not specified, the employer was within his rights as far as natural law is concerned. The state's interference with the prerogatives of agents in voluntary exchange is unacceptable in my opinion.
Drlee wrote:I choose not to argue some sort of "choice" as the determinant. That is far too superficial. I prefer to forward the idea that we as a nation benefit from offering protection for our young people from unwanted sexual advances especially those where there is an unbalanced power dynamic. (As POD explained.) I say that a nation that does this benefits from it. Your child is somewhat protected and so is mine.
I don't think the laws are necessarily the issue here; technically, Japan has the lowest consent laws of the developed world (13), and it subsequently has some of the lowest rates of all crimes, including statutory rape and sexual assault, especially as compared to the west with its gender dysphoria.
So do they really help?
Good question. Patriarchal values and lower consent ages (as in Japan) apparently are yielding better results than western feminism with its dumb laws have.
Drlee wrote:Your wife is called to the bosses office. She is told she is being demoted because "Sue" has much bigger tits and blows the boss. How is anyone uplifted by allowing such outrageously unfair treatment? They are not. So we, as a nation, decide that this behavior is not in the best interest of our people and we more to eliminate it to the extent possible. It is not fundamentally different from a speed limit. It is a place beyond which, we as a nation have decided we ought not go. We have decided that we are all benefited by a non-hostile workplace.
IF that gentleman can run a business by hiring hussies, that is his prerogative. I for one think women should be barefoot, pregnant, and in the kitchen and I think this role is natural. Perhaps if we didn't have such state interference to arbitrarily and artificially protect women, more of them would opt out of the workforce and we would have more chivalry where it was incumbent upon the men in their families to look our for the well-being of womwn.....but I digress.
In essence, I don't think that society has benefited by state interference,
at all.
Drlee wrote:As an aside. I was under the impression that you were somewhat of a libertarian. How does your position square with the harm principle?
I hold to the NAP, none of the scenarios violated the NAP unless voluntarism or the terms of a contract were violated.
Soliciting sex as the terms of a contract or partnership, etc., does not violate the NAP.