The Guardian reports:
Chimpanzees granted petition to hear ‘legal persons’ status in court
Wise’s argument in this case and others is that chimpanzees are intelligent, emotionally complex and self-aware enough to merit some basic human rights, such as the rights against illegal detainment and cruel treatment. They are “autonomous and self-determining”, in Wise’s words.
You can probably see why this post bears the “Self-ownership” tag. Many of the people arguing for legal personhood for animals are twerps like this one, who claims that she finds “discrimination on the grounds of species as distasteful as discrimination on the grounds of race or sex.”
However the arguments put forward by the Nonhuman Rights Project do not seem obviously wrongheaded to me. For instance they do discriminate on grounds of species, between higher and lower animals. This comes from their Q&A page:
Your first plaintiffs are chimpanzees, and you are also talking about elephants, whales and dolphins. What’s next after that? Dogs and pigs?
Our plaintiffs will be animals for whom there is clear scientific evidence of such complex cognitive abilities as self-awareness and autonomy. Currently that evidence exists for elephants, dolphins and whales, and all four species of great apes. So, for the foreseeable future, our plaintiffs are likely to come from these three groups.
Here is a fact I find disturbing to contemplate: some severely mentally disabled human beings are less intelligent than chimpanzees. If our society does start to act on that fact in its laws I hope and pray that it does so in the direction of granting more rights to animals, not taking rights away from disabled humans.
If you are an adult and want to work as a model in France, the French government will decide if the way you look is appropriate in their view. And if not, the people who hired you will be fined or jailed.
What you will notice is that it is all presented in terms of social conservatives and social liberals. It is about the competing rights of members of religious communities and members of sexual communities. And, depressingly, there isn’t a single even slightly libertarian voice in the debate. Everyone that speaks is (if I may use the word) a statist.
My own theory is that the “Troubles” in Northern Ireland that started in the late 1960s have less to do with religion, or even national identity, than they have to do with Northern Ireland’s endemic statism, or, to be precise, with the fact that pretty well everyone in Northern Ireland believes strongly in coercion and in the duty of the state to coerce people into doing what they believe is right – be it banning sex between two blokes, banning people paying for sex, banning people from discriminating against prods, papists or gays, and forcing people to pay for state education and healthcare.
– John Mann, commenting here on Samizdata.
Sex worker to launch legal challenge against NI prostitution ban
A sex worker is using European human rights legislation to try to overturn a new law in Northern Ireland that makes it illegal to pay for prostitutes.
Dublin-born law graduate Laura Lee is launching an unprecedented legal challenge that could go all the way to Strasbourg, against a human trafficking bill which includes banning the payment for sex among consenting adults.
The region is the only part of the UK where people can be convicted of paying for sex. The law, which was championed by Democratic Unionist peer and Stormont assembly member Lord Morrow, comes into effect on 1 June.
Lee said she will fund the case partly via crowdfunding on social media networks and from sex worker campaign groups across the world.
Lee, an Irish psychology graduate whose range of services include S&M and bondage, said she was also taking the legal challenge to thwart an attempt to introduce a similar law criminalising the consumers of sex in the Irish Republic.
An alliance of radical feminist groups and a number of nuns from Catholic religious orders are lobbying southern Irish political parties to pass a Nordic-style law outlawing the purchase of sex.
I have no stupid puns to make. This legal case is an important challenge to intolerable state intrusion. I wish Ms Lee the best of luck.
Plain packaging is an appalling intrusion into consumer choice and the operation of the free market.
– Nigel Farage
So, Rolling Stone magazine has rolled back on Sabrina Rubin Erdely’s University of Virginia gang rape story.
A typical reaction when that story first came out came from CNN Political commentator Sally Kohn: “Stop shaming victims in college rapes”. I quote:
Will Drew and UVA get off easily while Jackie’s life — and other college women like her — is shattered?
If UVA has any sense of moral rightness and wishes to remain a great university, it should conduct a thorough investigation into these and similar allegations and mete out appropriate punishment for the perpetuators [sic].
A more senior colleague might like to take Ms Kohn aside and teach her the proper meaning of two words, “allegations” and “perpetrators”. The spelling correction alone does not put right what is wrong with the way both of them combine in that last sentence.
A typical reaction now that the story has been semi-retracted came from Guardian columnist and Feministing founder Jessica Valenti. “I trust women,” she tweets. She disavows the idea that her choice to trust a person is made on the basis of any assessment of individual trustworthiness; she simply trusts the 50% of the human species who belong to the same group as she does. It is group loyalty. On the same grounds, given that she is white, she might as well say, “I trust white people.”
Kohn, Valenti and their like present themselves as the friends of rape victims. There is such a thing as toxic friendship. Before the retraction of the story, I read this account by Liz Seccuro in Time magazine. Ms Seccuro was raped, at the University of Virginia, at the same Phi Kappa Psi fraternity, thirty years ago in 1984. “Do you believe me?” she asks. The answer to that is yes. A man was convicted and jailed for her rape, though she says that there were others who escaped any punishment. But observe that I had to make it very clear that she really was raped. Because after the Duke University lacrosse team affair and this recent one, “rape at frat house” stories (including that of Jackie as described by Erdely, which will now be entirely dismissed by most even though some of it could still be true) provoke an involuntary twitch of doubt even in observers wishing to remain impartial.
Not that the feminists I’ve read on this story ever had any such wish. They said, very clearly, that unquestioning partiality was exactly what they wanted. “I trust women.” They said, as they have been saying for years now, that even the attempt to judge any rape claim on the evidence was to be a “rape apologist”, as Rachel Sklar was quoted as saying here, or was an instance of “rape denialism”, as Amanda Marcotte tweeted here, adding for good measure that it was equivalent to Holocaust denialism.
It is they who are the rape denialists. Or perhaps “deniers that rape matters” would put it better. If you don’t care whether or not a rape actually occurred, then you don’t care about rape. It is a tautology, and a separate point to the one about the trauma faced by real rape victims who seek justice being intensified by the additional scepticism with which their account will now be met. If you think that the moral force of a claim of rape cannot be diminished by evidence that it is false, then in the same act you believe that it cannot be added to by evidence that it is true.
What to make of this?
Shia LaBeouf: I was raped during performance art project
In an interview with Dazed, the actor says that a woman ‘whipped my legs for ten minutes and then stripped my clothing and proceeded to rape me’ during his silent performance art work #IAMSORRY
My question “what to make of this?” is a real one. There is a whole slew of issues involved in this story, ranging from the double standard surrounding female-on-male rape (or allegations of rape), to the extent to which silence can be taken to be consent (particularly the absence of any appeal to bystanders when they were present), and including issues of fairness to the woman accused of rape and to the spectators implicitly accused of indifference to it, and the propriety of staging such an event “starring” a person whom all sides admit has mental issues, which leads us to the politically-charged question of how far one should question the testimony of one who is or may be mentally incapable . . .
Frustratingly, the Guardian story gives much more detail on LaBeouf’s philosophy of art than on what actually happened. A follow-up story quotes his collaborators in the art project as saying they “put a stop to it” as soon as they became aware of it. No mention is made of force being used; apparently she did stop when told to.
So why didn’t Mr LaBeouf say a word to stop her himself? As far as I can make out his reason was because the point of his performance was that he should sit still and not react. On its own, “I could not object because it would have spoiled my artwork” appears ridiculous. Yet people do sometimes freeze when subjected to sexual assault in a public place; it is a common reaction when women are groped on trains, for instance. Then again, what might the woman say in her own defence if these charges were put to her? Was not the whole point of this famous artwork that Mr LaBeouf consented to being humiliated? What did the spectators think was going on? If, as seems to have been the case, his artistic collaborators held that this was something to which a stop should be put, why was no attempt made to arrest the woman? In general I reject the blanket assumption that a person initiating sexual activity must obtain explicit and ongoing verbal assent before continuing. Such an assumption would only apply to creatures not human; the vast majority of all voluntary sexual intercourse takes place without anything remotely resembling such a procedure. But the vast majority of all sexual intercourse does not take place between strangers in public during performance art.
My bewilderment is genuine. All serious comments are welcome, and I would not be surprised to see serious disagreement among the comments. I do not expect to delete remotely as high a proportion of comments as the Guardian moderators did to the comments to the account in the link, but will not hesitate to delete any of which I disapprove.
So Oxford student Niamh McIntyre writes in the Independent. She says,
The idea that in a free society absolutely everything should be open to debate has a detrimental effect on marginalised groups. Debating abortion as if its a topic to be mulled over and hypothesised on ignores the fact that this is not an abstract, academic issue. It may seem harmless for men like Stanley and O’Neil to debate how and if abortion hurts them; it’s clearly harder for people to see that their words and views might hurt women . . . In organizing against this event, I did not stifle free speech. As a student, I asserted that it would make me feel threatened in my own university; as a woman, I objected to men telling me what I should be allowed to do with my own body.
Oxford Students For Life (OSFL) originally planned to hold the debate in Christ Church college. The Oxford magazine Cherwell quotes the Christ Church JCR Treasurer, Will Neaverson, as saying:
“I’m relieved the Censors* have made this decision. It clearly makes the most sense for the safety – both physical and mental – of the students who live and work in Christ Church.
A blog post by OSFL (see link above) indicates that Niamh McIntyre’s pleasure and Tim Neaverson’s relief that debate had been shut down were not spoilt by anyone finding an alternative venue. You can, however, read what Tim Stanley had planned to say had the debate taken place in an article in the Telegraph.
Hat tip: Instapundit and Eugene Volokh.
*The two Christ Church Censors are the equivalent of college deans and only occasionally censors in the other sense.
I could write for an hour on why this is logically unjustifiable, practically unenforceable, systemically corrupting, and morally wrong:
Northern Ireland ban on paying for sex is approved by Stormont assembly.
Then again, why bother? A brick wall is conveniently placed and sticking plasters are cheap.
‘Drunk’ Belgium diplomat specialising in protocol is arrested for tearing full-face veil off a Qatari princess
A senior Belgium [sic] diplomat specialising in protocol [!] has been arrested for tearing off the full-face veil of a Qatari princess after she asked him for directions.
In the latest example of the difficulties involved in imposing a so-called ‘burka ban’, Jean-Marie Pire did not know the identity of the massively wealthy VIP before attacking her.
She approached him with two other women in broad daylight in central Brussels last week, asking for directions to the famous Grand Place.
The kind of full face veils favoured by some Muslim women are banned in Belgium, just as they are in neighbouring countries including France.
‘I said I don’t talk to anyone if I can’t see their face,’ said Mr Pire. ‘With this reply, I wanted to make it clear that the veil is banned in Belgium.
‘Because the person asking me a question didn’t seem to hear me, I lifted her veil. I know I shouldn’t have done that, but what she did wasn’t legal either!’
The woman, who has not been named, said she suffered cuts and bruises after her earrings were violently dislodged, along with her veil.
I assume that any woman wearing the full Islamic garb is either a slave or a fanatic, but it was the diplomat “specialising in protocol” in the tradition of Kira Yoshinaka who first used force. She just asked him for directions. Admittedly, she was breaking the Belgian law against full face veils, but it is an unjust law of which she may not even have been aware. And somehow I don’t think all the British people cheering his vigilante enforcement of that law would be quite so keen on a random Belgian taking it upon themselves to impound some unfortunate British tourist’s car if he were to break, through ignorance or indifference, the Belgian law requiring a red warning triangle and a reflective waistcoat to be carried in a vehicle at all times.
Never apologise for saying what you think. The people whose opinions matter to you either agree with you, or if they do not, they at least understand why you think the things you do… but your enemies will still hate you anyway no matter what you say, so why bother apologising? If you have offended someone, that is not your problem, that is their problem. It is a fairly major mistake to give a damn.
Here is what I think the issue is: ‘Jews’ pretty much run Hollywood. Indisputable. Generally when someone mentions this the subtext is “and this is bad because Jews are the secret reptile masters of the world” (or insert whatever particular strain of the craziness).
But I am pretty sure that is not the point Oldman was making. What I suspect is he was saying that it is actually impossible to mention that fact no matter what. Much like you cannot discuss race and IQ. Or race and crime statistics. Or race and GDP. Or anything that suggests some genders might be better suited to certain jobs. Cannot be done in ‘polite society’. It does not matter what your motivation and ‘subtext’ is, the entire subject is haram.
Now I understand why these topic are haram better than you might think. For example I once wrote this on Samizdata:
[it should be possible to discuss race in a reasonable manner with strangers]. In theory true but the reality is otherwise. I have yet to have a conversation with, well, almost anyone on-line about race which did not segue into a conversation expressing views that are simply race-collectivist (i.e. racist). That should not be the case but that is indeed my experience. Whilst I am willing to admit to the possibility of a discussion of race without racism, the empirical evidence suggest that if I assume anyone who brings up the subject of race is a racist, I will rarely, if ever, be proved wrong. Sure, if I was to find myself chatting academically with a genetic scientist, that may not be the case, but otherwise…
…and I shut down and ban ‘race realists’ on Samizdata’s comment section immediately, because of their habit of turning pretty much *any* discussion into a discussion about race. Utterly tedious. Some topics seem to simply be beyond rational discussion other than with a closed circle of friends.
But the trouble is people like the ADL are not defending their blog the way I do, they are reaching out and shutting down any discussion of “The Jews” (an alarmingly collectivist notion right there, it must be said, as if all Jews were some fungible mass). Heaven knows I can understand why a certain ‘sensitivity’ might have developed, but if Oldman was simply pointing out that people like the ADL treat the world as their blog and their job is to moderate all discussion therein, well he does have a point. And if the ADL dislike me saying that, take a guess how much I care
The other day I wrote a post about the plight of the Bushmen living in the Kalahari desert in Bostwana.
Jaded Voluntaryist commented,
Survival International are a bunch of arseholes who would see brown skinned human beings being prevented from rising out of the mud because it’s just so quaint. I wouldn’t take their word for it. Of course that may not be what’s happening here, but they don’t have a great track record.
They moaned for example when the Saint family (at the cost of several lives) brought Christianity to the Huorani tribe in Ecuador, which helped reduce their murder rate down from somewhere in the 70% region. Hardly anyone lived to old age. No one would deny that not everything the Huorani got from contact with the developed world was good, but only a sociopath would want them to keep living as they were.
I take your point about the patronising attitude of groups like Survival International, although I have also heard that they sometimes do good work on the ground protecting tribal people from state and other violence. As I am sure you agree, if any particular Bushman wants to carry on as his or her ancestors did, good luck to them, and if he or she wants to head to the relatively bright lights of Gabarone and seek their future there, good luck again.
However it looks very strongly as if the Botswanan government has taken away the option for Bushmen to live in their traditional way by the use of a mixture of force (eviction from their ancestral hunting grounds and the hunting ban) and state “help” (the infantilising effects of welfare as pointed out by Mr Kakelebone).
I may write a post someday about the superiority of the attitude of Christian missionaries towards tribal people compared to the attitude of groups like Survival International towards tribal people. My argument would not be based on the fact that I am a Christian, nor on any general assessment of how much or little I admire the hunter-gatherer lifestyle (which might vary widely between different groups). My argument would be that the missionaries wish to persuade some other human beings to believe as they themselves believe, whereas the “protectors” wish to keep them as living museum exhibits. They always remind me of those science fiction stories in which Earth is kept ignorant / keeps other planets ignorant of faster than light travel and so on. My sympathies are nearly always with those who say, “Screw the Prime Directive”.
Then I said,
Come to think of it, screw the “I might write a post someday”. I will cut and paste the above comment as a post right this minute.