Should the word “rape” in the American term “statutory rape” be replaced with some other word?
I would argue in favour of replacement that it diminishes the perceived magnitude of the crime of rape in the ordinary sense (“rape rape” to use Whoopi Goldberg’s term, or “legitimate rape” to use Todd Akin’s) to use the same word for those cases of statutory rape where consent was present, or arguably present. It also makes calm discussion and clear thinking about the complex issue of consent much harder.
Incidentally, I think that most of the criticism that both Goldberg and Akin got for using the terms they did was unjust. They both deserved criticism for making public pronouncements about subjects of which they knew next to nothing. Goldberg apparently did not know that Polanski’s crime was indeed a particularly vile coercive rape of a minor. I suspect that she assumed that talented people from her own social milieu did not do that sort of thing. Akin had the silly belief that women’s bodies have the power to prevent conception by an act of will. However I do not think for a moment that when he said “legitimate” rape he meant that there were circumstances where rape should be permitted, and I do not think that those howling for his head really believe he meant that either. He just used the wrong word. He should have said “coercive rape” – but the very fact that people need to hunt around for a term that gets that across, and get into trouble when they get it wrong, is why I think the term of law should be renamed.
I am not arguing against the existence of such laws, although no doubt many of them could do with adjustment. I am told the term does not exist in English or Scottish law but it has certainly soaked into British public discourse, muddying the waters.
The following extract from Permutation City by Greg Egan covers several topics of interest to Samizdatistas and the commentariat. The “Copies” are fully conscious computer simulations of people who have had their brains scanned. The first speaker, Durham, is a biological human trying to persuade the Copy, Thomas, that in the long term he is in danger of being switched off, even though the computer he runs on is private property, by governments claiming the moral high ground.
‘…The privileged class of Copies will grow larger, more powerful — and more threatening to the vast majority of people, who still won’t be able to join them. The costs will come down, but not drastically – just enough to meet some of the explosion in demand from the executive class, once they throw off their qualms, en masse. Even in secular Europe, there’s a deeply ingrained prejudice that says dying is the responsible, the moral thing to do. There’s a Death Ethic – and the first substantial segment of the population abandoning it will trigger a huge backlash. A small enough elite of giga-rich Copies is accepted as a freak show; tycoons can get away with anything, they’re not expected to act like ordinary people. But just wait until the numbers go up by a factor of ten.’
Thomas had heard it all before. ‘We may be unpopular for a while. I can live with that. But you know, even now we’re vilified far less than people who strive for organic hyper-longevity — transplants, cellular rejuvenation, whatever — because at least we’re no longer pushing up the cost of health care, competing for the use of overburdened medical facilities. Nor are we consuming natural resources at anything like the rate we did when we were alive. If the technology improves sufficiently, the environmental impact of the wealthiest Copy could end up being less than that of the most ascetic living human. Who’ll have the high moral ground then? We’ll be the most ecologically sound people on the planet.’
Durham smiled. The puppet. ‘Sure — and it could lead to some nice ironies if it ever came true. But even low environmental impact might not seem so saintly, when the same computing power could be used to save tens of thousands of lives through weather control.’
‘Operation Butterfly has inconvenienced some of my fellow Copies very slightly. And myself not at all.’
‘Operation Butterfly is only the beginning. Crisis management, for a tiny part of the planet. Imagine how much computing power it would take to render sub-Saharan Africa free from drought.’
‘Why should I imagine that, when the most modest schemes are still unproven? And even if weather control turns out to be viable, more supercomputers can always be built. It doesn’t have to be a matter of Copies versus flood victims.’
‘There’s a limited supply of computing power right now, isn’t there? Of course it will grow – but the demand, from Copies, and for weather control, is almost certain to grow faster. Long before we get to your deathless utopia, we’ll hit a bottleneck — and I believe that will bring on a time when Copies are declared illegal. Worldwide. If they’ve been granted human rights, those rights will be taken away. Trusts and foundations will have their assets confiscated. Supercomputers will be heavily policed. Scanners – and scan files – will be destroyed. It may be forty years before any of this happens – or it may be sooner. Either way, you need to be prepared.’
If anyone ever had any hopes that Boris was any different to the dreary authoritarians who populate the system, this should lay such notions to rest. He is very much ‘one of them‘.
He purports to have ‘libertarian instincts’ and yet thinks the role of the state should extend to telling people at gun point what they can eat. To hell with taking a moral position and respecting self ownership, says Boris, what are the utilitarian arguments?
A vote for this man was sadly a vote for more of the same regulatory statism that spews out of the political class.
The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave . . . Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death.
– Patrick Henry, March 23, 1775, at the second of the Virginia Conventions.
The full speech is available here It’s not long so, as Glenn Reynolds would say, “read the whole thing.”
I used to know a little girl with severe mental and physical disabilities. She had to be lifted and moved dozens of times a day as she was unable to walk or crawl. It was a source of great worry to her parents how they would cope when she grew up and could no longer be lifted easily. More distant, but greater, was their fear concerning how she would be cared for when they died. Their fears did not come to pass for the saddest of reasons; she herself died when she was still quite small.
I thought of that family when I read about Ashley. Ashley is another little girl with severe mental and physical disabilities; even more deeply disabled than the child I once knew. Ashley is fourteen, but is described as having the cognitive abilities of a three month old baby – in truth, if the description of what she can and cannot do is correct, a three month old baby is better able to communicate than she is. Her parents share the same fears as those of the parents of the girl I knew. They have taken drastic action: they have had her treated surgically and with hormones so as to ensure, within the limits of the technology, that she remains a child for the remainder of her life.
“It was carried out in the belief that her quality of life would improve as it would save her from physical discomfort and pain”, reports the Telegraph. The Guardian, which ran opposing comment articles on Ashley’s case, suggests that another motive was to reduce the effort of lifting her and hence extend the time for which her parents could care for her. I wonder if an unmentioned further reason – one that sounds ghastly but might make sense given human nature – was to try to ensure better care for Ashley when her parents are gone by keeping her cuter. It is a sad fact that many people will find their protective instincts aroused by the sight of a mentally disabled child (or apparent child), yet flinch at the sight of a mentally disabled adult.
Ashley cannot consent and cannot withold consent. This procedure might help – no, it very likely will help to give her the best quality of life possible, for as long as possible in the care of those who love her. Yet the potential for abuse is horrible. Her body is being irrevocably altered for the convenience of those who care for her (but that convenience is no small thing, and convenience is too weak a word; whether they can cope is a major determinant of her quality of life.) If we can do this to Ashley, what else can we do to future Ashleys? More severe modifications to more severely disabled people? To less severely disabled people? To any people?
Even as supplied by an unscrupulous underground market and taken blind by consumers in a variety of unsuitable ways, they really aren’t very dangerous:
According to the ONS data, in 2010 there were more helium deaths  than cannabis, ecstasy, mephedrone and GHB related deaths put together.
‘Helium?’ you may ask… It’s classed as a drug but no, it doesn’t do anything. But it is so hard to buy anything reliably lethal in the UK that helium is a sophisticated means of self-asphyxiation for suicide. So even those 32 cases should not be classed under malign side effect of drug-use. Death in those cases was a positive result.
A disenfranchised population becomes an untrustworthy population, since it loses the habit of making its own decisions. The majority become childish in hundreds of ways, looking to the State as parent, complaining without displaying a willingness to any form of self-determination. The more liberty one has, the more indvidual responsibility is required of one to make rational, well-considered decisions in the context of one’s social and personal life. Most of us are educated to think we are not capable of this when, in fact, most of us are thoroughly capable but simply lack either the circumstances or the determination to test ourselves. An authoritarian, paternalistic State encourages us in this belief, by its actions as well as by its rhetoric. By its very nature it creates a morally enfeebled, child-like population. This population in turn ‘proves’ its inability to control its own fate and consequently ‘proves’ the need for the paternalism which created it in the first place. There is no fundamental difference between Tory and Socialist paternalism.
– Michael Moorcock, The Retreat From Liberty, 1983
One Catherine Bennet has yet another article in the Guardian about that jam experiment. Hers is called Since when was giving people a choice a good idea?
It is not merely the chorus from anguished parents (and patients), that they cannot exercise choice where there is no spare capacity, that might give a rational education secretary pause, but a growing body of research indicating that too much choice is overwhelming. Gove will know of the much cited experiment with jam, by the US academic Sheena Iyengar, which found consumers were more than six times more likely to buy a pot if they had to choose from six varieties, rather than 24. If uncertainty about preserves is a problem one can probably live with, or possibly enjoy, a similar helplessness in the face of big, irreversible decisions is, to judge by a new study, State of Confusion by Professor Harriet Bradley of Bristol University, something that should worry a government that advertises choice as an unmitigated good.
Mr Eugenides says,
So, just to recap: a woman who used to live with a lord in a 365-room mansion, now in a household with a combined income of some quarter of a million pounds a year, has read a PR puff commissioned and paid for to advertise a price comparison website, and uses this as evidence that we should all just take what we’re given by the state and shut up.
Ironically, price comparison websites are themselves a market mechanism for making choice easier.
I say, to Catherine Bennett and the next fifteen journalists to go into an ecstasy of servility when pondering this little demonstration that some people find shopping boring, shut up about the jam already. It’s jam. The process of choosing it has no deeper meaning. Unless one is a connoisseur of jam, in which case one probably finds choosing between 24 varieties a pleasing experience, as people usually do when shopping for something that interests them.
Look at it this way, Ms Bennett. You have twice to my knowledge chosen a man as mate and helpmeet. Was making that choice from all the prospective partners you could have had ever stressful? There is some literature – like about half of it – to suggest that some people find it so. Some people regret their choice. The evidence suggests that you have at least once. Can we assume that if by any sad chance you find yourself seeking a man again you are willing to let a civil servant choose for you?
… so I would advise anyone of an even vaguely libertarian inclination who gets stressed easily to read no further.
This article by Felicity Lawrence, Nanny does know best, Andrew Lansley, displays the ideology of the Nanny State in an unusually pure and unapologetic form:
Can it be too that Lansley is not aware of all the literature about how individuals’ “free choices” are shaped by marketing and advertising. Perhaps we should recommend some urgent remedial reading for his homework, starting with…
The Andrew Lansley for whom Felicity Lawrence is setting homework is the Secretary of State for Health. The fact that he consents to hold this position means that he too must be something of a statist, but nonetheless he recently said, “If we are constantly lecturing people and trying to tell them what to do, we will actually find that we undermine and are counterproductive in the results that we achieve.” It is a measure of how deeply Nanny’s rule has been accepted that even this pragmatic, rather than principled, objection to government health lectures aroused fury.
Iain Dale, the UK blogger and wannabe Tory MP, gets himself into a fearful mess in arguing as to why owners of privately owned businesses, such as hotels and the like, should be forced to accept any type of client, even if that offends the moral sensibilities of the owners. Much as I share Mr Dale’s dislike of bigotry, he’s just plain wrong when he writes:
“This is not about property rights. If you open your house to paying guests, it is no longer just your house. You are running a business, just the same as anyone else, and you should be subject to the same laws as anyone else. If you do not wish gay people, black people, Jews or anyone else in your house, don’t open it to the public. Simple as that. No one would accept a shopowner refusing to serve a particular type of person, would they?”
He’s wrong here. So Mr Dale imagines, does he, that as soon as a person sets up – at their own risk and cost – in business, and chooses to make money in a particular way, that they suddenly forfeit any right to choose with whom they wish to make a living if the powers that be decide that such reasoning is prejudiced in some bad way? How the expletive deleted does that work, Mr Dale? Does this mean, for instance, that a business owner should be forced to serve anyone? Suppose a nightclub, say, insists on a dress code for its clientele (as happens). Does this mean that the scruffy are being discriminated against?
I don’t like homophobia any more than Mr Dale, but as a supposed Tory, he ought to realise that the best protection any group of persons have against bigotry is competition and several ownership of private property. In a free, robust market unimpeded by state privileges and taxes, bigotry carries a significant economic cost to the bigot. And I think it was Voltaire back in the 1740s who observed, how people of all faiths, for example, could and did transact in the early London Stock Exchange of the time. Filthy lucre is often the most corrosive solvent of bigotry that there is.
There is also an ancilliary point here. As a free marketeer in favour of honest money and competition in currencies, I think it should be the right of any businessman to refuse to accept payment in certain currencies that he, rationally or otherwise, does not trust. If we adopt Mr Dale’s line of reasoning on how a business owner’s property rights go up in smoke the moment a client comes through the door, he’s all in favour of forcing people to accept payment in whatever the state decrees is the “proper” form.
Sorry Mr Dale, but you just don’t accept the concept of free association as it applies to commerce. Property rights is most definitely what the issue is about.
Policy Exchange has just published a “research note” purporting to show that the tax on cigarettes in the UK should be increased, and that “that every single cigarette smoked costs the country money – 6.5 pence each time someone lights up.”
If you read the paper [pdf], you will find it is an astonishingly dodgy dossier. Here is how the figure is made up:
Taxation of tobacco contributes £10 billion to HM Treasury annually; however, we calculate that the costs to society from smoking are much greater at £13.74 billion. Every cigarette smoked is costing us money. These societal costs comprise not only the cost of treating smokers on the NHS (£2.7 billion) but also the loss in productivity from smoking breaks (£2.9 billion) and increased absenteeism (£2.5 billion); the cost of cleaning up cigarette butts (£342 million); the cost of smoking related house fires (£507 million), and also the loss in economic output from the deaths of smokers (£4.1 billion) and passive smokers (£713 million).
The notion of “cost to society” is a pretty weird one.
Leave that aside for a moment. Add up costs and revenues to the state, which might be one semi-logical way of determining whether the smoking in some sense “runs a deficit”, and using Policy Exchange’s own figures you get a big surplus for the Treasury. Even if you assume all house fire costs are borne by the state and not partially by insurers and householders, and there are no errors in the headline figures, then you can only get to £3,549 million. (Have you noticed how public policy research generally involves implausible numbers of significant digits, and at the same time utter absence of error estimates?) On that basis smokers are contributing roughly £6Bn annually towards public spending.
But what are we to make of the suggestion that counting “lost output” is meaningful? To my mind the idea that an economic aggregate represents a collective wealth that may be politically attributed and redistributed is repulsive even if it is coherent (which I doubt). The state’s royal We, which Policy Echange is channelling here, may in turn choose to impersonate you and me and everyone else, but it only controls the taxed margin of other’s outputs. Output and taxation are apples and oranges. It is meaningless to add them together. Unless you want (or deserve) a punch.
And even were it not meaningless, there’s an accounting fraud here. If you count output putatively lost to smoking, then you must also count the gains. There is the output of the tobacco industry, distribution and retailing in the UK to consider. Imperial Tobacco alone had a gross profit for the year ending September 2009 of approximately £5.3 billion. The CTC industry consists of tens of thousands of small shops. Honest research, however dubious its theoretical basis, would attempt to estimate the value-added, too. It would also be clear – without referring to a paper cited in the footnotes we cannot tell whether the cost-of-illness measure used in determining those “lost outputs” also includes the gains to third parties in pensions unpaid and public services unused by people dying early. If you are going to add apples and oranges, you should also tell us explicitly whether you have subtracted pears.
But what set me off on this chase was actually just one of those headline figures. Most of the margin of costs over gains in this strange sum is covered by the £2.9 billion allocated to the “output lost to cigarette breaks”. How do they know? “[A] number of studies have investigated workers taking breaks in order to smoke, and have tried to quantify this time at between £915 million and £3.2 billion per annum.” Hm.
Read through to p13, and you discover that the number of studies was… two. Er, no. It was one… Or some sort of strange interpolative hybrid… I cannot decide. Make your own mind up:
McGuire et al. estimated that £915 million annually is lost on the basis that average smokers spend tenminutes a day smoking, while light smokers and part-time workers would use approximately half of this
time. The Royal College of Physicians (RCP) used similar initial assumptions on average smoking time to
calculate that some £2.6 billion would be saved through the introduction of smoke-free legislation. Using
McGuire’s estimates of 5.2 million working smokers, with the RCP’s estimates of ten minutes a day smoking
reveals an intermediary figure of £2.9 billion.
I think that is ‘intermediary’ in the sense that a magician is an intermediary between a rabbit and a hat.
However they get there, if someone thinks that cigarette breaks ought to be a determining factor in public policy, rather than a matter for negotiation between employer and employee, then I suggest that it would be a good idea if they are kept as far as possible from the levers of power. This lot are said to be influential on the presumptively incoming Cameron team. Oh dear.
The Royal Society for Public Health no doubt sees itself as a worthy collection of people who are axiomatically on the side of the angels. I mean, who could be against public health?
In truth they are a terrifying and truly totalitarian outfit who operate with a presumption that the state has super-ownership of the physical bodies of everyone in Britain. Now I am of the view that defence against infectious plagues is a legitimate role of the state because it is a collective threat… a plague, like a fire or an invading army, does not respect property lines and so this is the whole reason to have a ‘nightwatchman state’.
But that is not the view of people like the Royal Society for Public Health. No, they take the view that ‘public health’ follows on naturally from state run medical care and gives the state the right to decide pretty much anything that can impact on an person’s health, regardless of that individual’s preferred choices, even if those choices are personal ones that do not place other people at risk.
They have issues a manifesto for nothing less than the nationalisation of your body and the intrusion of the state, on grounds of protecting your health from yourself and others who agree to be around you.
- A minimum price of 50p per unit of alcohol sold
- No junk food advertising in pre-watershed television
- Ban smoking in cars with children
- Chlamydia screening for university and college freshers
- 20 mph limit in built up areas
- A dedicated school nurse for every secondary school
- 25% increase in cycle lanes and cycle racks by 2015
- Compulsory and standardised front-of-pack labelling for all pre-packaged food
- Olympic legacy to include commitment to expand and upgrade school sports facilities and playing fields across the UK
- Introduce presumed consent for organ donation
- Free school meals for all children under 16
- Stop the use of transfats
Of all these statist policies, number 1 is particularly invidious, with our technocratic masters seeking a sumptuary law on alcohol (i,.e. a tax to stop poor people drinking), number 12 seeks to regulate our choice of what we eat.
But by far the worst of all is number 10, this is the one which tells you everything you need to know about these people and the profoundly, unabashedly thugish nature of their world view… the state can help itself to your body parts by default. Post mortem conscription. Frankly I am all for organ donation, but at the moment, I carry a card expressly forbidding my organs to be harvested post mortem as the very notion these people are presumptive owners of any of my mortal remains is simply intolerable.
But then as they demand the right to regulate everything about your physical existence prior to death, I suppose it is no surprise they think nothing of helping themselves to your carcass after you die.
These people are the very worst kind of self-righteous technocratic curtain twitchers, the true spiritual heirs to the folks who in the first half of the twentieth century had people with birth defects sterilised or has troublesome people lobotomised, on ‘scientific grounds’ of course ‘for the public good’. Naturally such Guardian reading caring sharing folks would see drawing such analogues as a grotesque calumny, but in truth they exhibit the same intrusiveness and obsession with controlling the lives of others, it really is the same psychopathology, just repackaged for the 21st century with the current notions of ‘best practice’.
These people must be opposed… but not just politically, they need to be seen socially for what they are and abominated for their desires to regulate the lives of everyone around them. They presume to occupy the moral high ground but they do not and the more people who openly and publicly reject their axiomatic presumption of state controls over the very bodies of people, the sooner we can start to reclaim the culture of people who belong on a psychiatrist’s couch to help them deal with their abhorrent desires to use force against those who wish to live their lives without interference and according to their own judgements, with the positive and negative consequences of that accruing to themselves alone, like real adults.
The people behind this manifesto are detestable and they need to be told that to their faces.