On Monday, June 23, 2014 5:22:49 AM UTC-7, Quadibloc wrote:
> On Sunday, June 22, 2014 9:07:23 PM UTC-6, nu...@bid.nes wrote:
>
> > On Thursday, June 19, 2014 7:04:38 AM UTC-7, Quadibloc wrote:
>
> > > On Wednesday, June 18, 2014 11:28:10 PM UTC-6, A.G.McDowell wrote:
>
> > > > I
> > > > believe it is also unjust - if somebody has committed a crime, then
> > > > punish them for the crime according to the law, but not also by
> > > > sanctions whipped up by popular sentiment, or groups with no legal
> > > > authority who suffer a conflict of interest by virtue of what they
> > > > stand> to gain by the publicity that organising a boycot gives them.
>
> > > I can't get worked up about the injustice involved. There's a bit in
> > > Blackstone's Commentaries about how France had the death penalty for
> > > highway robbery; England did not, reserving it for cases where the
> > > robber also committed murder - and the result was that highway robbers
> > > killed their victims in France routinely to leave fewer witnesses behind.
>
> > I don't quite see which injustice you're referring to; the loss of income
> > to an author involved in molestation due to organized boycott of their
> > works?
>
> > Also, what's the relevance of the Blackstone almost-cite? Was a boycott
> > organized in a country the molestations did not occur in, one with
> > different penalties?
>
> I'll clarify my point.
>
> I think it is not as unjust as it seems to inflict on a rapist penalties
> beyond his stay in jail, because the *just* penalty for rape _should_ be
> death by torture.
Why? Rape is basically assault, not murder or torture (except by loosening the definition of "torture").
> However, if we approach this as closely as possible by executing rapists, the
> result of that is likely to be to encourage them to murder their victims -
> one less witness, it's harder to catch them. (Like the highwaymen in
> Blackstone.) So we need a less severe penalty for rape than for murder, even
> though that means not giving a sufficiently severe penalty for rape.
Modern forensics has largely eliminated the necessity for testimony from victims.
> > > This is the reason why rape doesn't carry the death penalty - not because
> > > it doesn't deserve it.
Nonsense.
> > Because the penalty doesn't "fit the crime"? I'm reminded of one of
> > Heinlein's stories where a hit-and-run driver was strapped down to a road,
> > run over, then allowed to writhe in agony for the same length of time his
> > victim did before medical treatment was administered.
>
> That might be a little harsh; after all, hit-and-run is often inspired by a
> moment of panic. But treating a fatal hit-and-run as murder one as a way to
> discourage running seems not terribly unreasonable.
The point of the anecdote was that the extant legal system was based on "an eye for an eye". Presumably rape would be punished by raping the convict. As with the original scenario, I wonder who would be tasked with that chore.
I am strongly suspecting the event I recall is from _The Number Of The Beast_ because I recall observers who aren't locals expressing a range of reactions from approval to disgust, and a point being made that the fundamental crime in H&R is lack of compassion.
> > (Speaking of Heinlein, I recall some people calling for a boycott of him
> > for some of the stuff in _Stranger In A Strange Land_ and _Time Enough For
> > Love_).
>
> Good thing these people didn't read Starship Troopers or Farnham's Freehold?
Yeah, those wound some people up pretty good, too.
> > > The Eighth Amendment is another obstacle to enacting a
> > > just penalty for the crime of rape.
>
> > You've completely lost me here. Are you saying death is a just penalty
> > for rape? If so, what's your rationale?
>
> Rape causes devastating psychological damage to the victim.
Yes, and? Why does that merit death? Does any crime that causes similar damage also merit death in your mind? Care to name some examples?
> It isn't, therefore, something we can just fix. The super-science of the
> future may let us regenerate lost limbs and even resurrect the dead.
>
> But if you go around reprogramming the human brain, instead of helping the
> subject, you may be killing the subject and replacing him or her by the new
> being of your creation. There are limits to psychotherapy imposed by the
> constraint of respecting human autonomy.
(You assume much on that last sentence, but I'll let that pass.)
Then why did you write the following?
> > > But there is quite another issue involved here, which has nothing to do
> > > with justice or injustice.
>
> > > A convicted rapist, on his release from prison, might be expected to
> > > encounter difficulty, even if fully rehabilitated, in forming a
> > > relationship and getting married. I trust you would not be expecting the
> > > government to *do something* about that.
>
> > I'm not sure how a rapist might be "fully rehabilitated". If it's
> > possible, why would he have the difficulties you mention?
>
> I'm having trouble accepting that you're serious here.
>
> So I feel I must be misunderstanding what you are saying. Thus, I don't think
> I should try based on my lack of understanding.
You're the one that posited that rapists might be "fully rehabilitated", presumably meaning making them no longer prone to committing rape (psychologically of course, since physical or chemical castration really addresses the symptom, not the cause).
Also presumably, the methodology and its reliability would be public knowledge.
That being the case, why should he then have the troubles you mentioned?
> > Which nation's territorial waters did this occur in? If it wasn't in
> > U. S. waters, then by legal symmetry one should have expected England to
> > police France's roads according to England's laws...
>
> It was in international waters.
So you saw "Team America, World Police" as a good thing?
> But what does that have to do with "Thou shalt not allow a human to come to
> harm through inaction"?
Wait, above you are against risking turning humans into robots.
> I am assuming "A woman is being raped" will produce an automatic response in
> males on whom education for law-abiding citizenship has been successful. To
> such an extent that a *woman* is placed in the chain by which nuclear weapons
> are launched, to prevent a report of a political prisoner being raped in an
> enemy nuclear power from starting World War III.
That doesn't make sense. For starters, I hate to have to be the one to tell you this, but women aren't the only victims of rape. Also, why would women in the command chain not make it easier to launch on such countries as Saudi Arabia which seems to have no current laws criminalizing rape?
For that matter, per your "no inaction" proviso above, by what logic does America (or for that matter Canada) not have the moral imperative to invade Saudi Arabia in order to punish rapes there?
> Since the President of the United States is usually male, and he will have
> gone to school like everyone else.
Again, women aren't the only victims of rape.
Also, Hillary still might run.
> > Essentially though, you're describing an *un-* organized boycott of such
> > books based on "community standards" via feedback though the market system.
>
> I don't have a problem with _organized_ boycotts, but I would with government
> censorship.
Even when boycotts are arranged along politically-based ideological lines?
> The idea is not so that the book cannot be read - just that we don't let
> things look as though molestation is something that's not all that important.
> So getting the books relegated to less prestigious publishers is sufficient
> for that purpose - that they still may have literary merit because reality is
> complex is not something that I've forgotten.
Then I presume you approve of the works of John Norman, originally published by DAW, sliding down the ranks of "reputable publishers" until he was finally forced to start what amounted to his own publishing house?
How do you feel about him being disinvited to SF conventions?
Mark L. Fergerson