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October 10, 2007
callow, immature and fruitless arguments cheerfully enabled here!
An anonymous commenter keeps coming back, and just left a comment no one would otherwise have seen to an older post on consensual sex. Much as I find it annoying to go over old ground when the goal here is writing new posts, what's even more annoying is debating commenters, as this blog is not a debate. But what's more annoying than that is to waste time and energy writing a reply that no one will see. So I thought it deserved a new entry. Here's the comment: My question is completely serious and shows that your premise is hopelessly flawed, perhaps that is why you continue to evade the point. I'll spell it out for you in greater detail via the following hypothetical.Squirm? Moi? I'm not squirming at all. In fact I have addressed this issue before (and in much greater detail than I will now). As I explained previously, there's no way I would allow consensual murder (whether for erotic reasons or any other reasons), for the simple reason that allowing consent to murder is against the interests of society. It causes direct, intrinsic harm to me and to society to allow someone to murder someone else, because that sets a legal precedent of allowing murderers to argue as a legal defense that their victims consented. This means that if someone took my life, he could be heard to argue that I told him it was OK. The implicit position that I would defend that not only puts words in my mouth, but contradicts what I have said. Sex is not murder, and the above attempt to eroticize it is irrelevant. No doubt John Wayne Gacy would claim that his victims enjoyed their I think the commenter is trying to conflate sexual activity with slavery, cannibalism, and murder, when these things are not the same, nor are they related. Sexual activity between adults is not sex with children, it is not slavery, and it is not murder. From a legal perspective, the hypothetical is no different from wife asking a husband to shoot her. Society does not allow him to do that, nor should it. I'm not sure why the commenter believes that disallowing this is inconsistent with allowing two adults to have sex, but again, I think murdering someone -- whether consensually or not, does direct harm to society, because society has an interest in protecting the lives of its members. To the extent that society has any interest in sex between consenting adults, it would be to prevent them from doing it in public or, say, discouraging the violation of marital vows by sanctioning divorce. Society has no more interest in a private consensual sex act between two adults than it does in masturbation. (And of course, more harm is done by allowing two men to publicly pound each other's faces with their fists than by allowing them to use the same hands on each other's genitalia. I realize that moralists would argue that the former is morally preferable to the latter, but isn't that between a man and his choice of god or gods?) I can't help notice that the commenter keeps coming back to a blog post that readers can no longer see, yet insists on remaining anonymous. I suspect he wants to argue with me, and as I have said many times, that is not the purpose of this blog. If his position is so important that he wants the world to see it, why can he not put it out there in his own blog post? (I'll oblige this time, but again, I'm not here to provide others with a forum.) Finally, I don't think the words "callow, immature and fruitless" to describe my opinions are persuasive or helpful. Again, I don't think the goal is persuasion, but winning. Commenters who want to "win" debates are wasting their own and my time here. Except that the waste of time continues. Right after that, "Just Asking" left yet another comment: And of course the same applies to consensual slavery. If a group of people consists of dominant and submissive people choose to engage in chattel slavery, even going so far as to sell and buy other human beings, how can you oppose it? How are you harmed by such a practice in any real way?Again, the real harm is that if anyone can be sold, then I can be sold. If any human is allowed to be chattel, then I too can become chattel. (All they'd need to do is claim I "consented.") It doesn't take much callowness or immaturity to see that. Sexualizing slavery and murder does not render these things other than slavery and murder, any more than having a sexual fetish for robberies changes the nature of the robbery. The difference between robbery and murder is that if one consents to robbery, it is no longer robbery. Whether consent to slavery changes the nature of slavery I don't know. It's a stretch, but feminists have maintained that marriage is slavery, and I suppose that it could be argued that some people essentially consent to do what is not in their own interests. Why, now that I think about it, blogging might be a form of self-imposed slavery! However, allowing someone to become chattel irrevocably, and allowing that person to become legal property to be freely transferred and sold, that would mean that he would no longer be free to withhold consent. So, arguably it's no longer consent. But is it an argument that's really worth having? CORRECTION: Sean Kinsell correctly notes that I should have said "erotic asphyxiation" and not "autoerotic asphyxiation. posted by Eric on 10.10.07 at 10:47 AM
Comments
Good response. The reader posits some questions that seem absurd on their face, but it's difficult to put your finger on exactly why it's absurd, and then he sits back smugly assuming you won't be able to call foul properly. Of the three, the slavery issue is the easiest to respond to--as you point out at the end, slavery is indifferent to consent. If a person consents to slavery and becomes a slave, what happens if he later withdraws the consent? What happens is that he would no longer be a slave because our legal system does not enforce contracts in the way your commenter seems to believe. Maybe he could be sued for non-performance of a contract (such a contract would not be enforced for reasons too long to go into here), but he cannot be compelled to continue in slavery. The truth is, what the commenter describes is not true slavery, but a fantasy involving slave/master role play. Which is perfectly fine--and perfectly terminable. As for the 8-year old consenting to sex with an adult, we as a society do not recognize "consent" below a certain age. It is theoretically possible that society could lower the age of consent to 8, but I don't see it happening. The first situation is the toughest--the issue is similar to euthanasia. To be an independant free person, shouldn't we have some say in end-of-life decisions? Here, questions naturally arise about the sanity of the person desiring to be killed and eaten. Sanity is generally defined by society and there are no hard rules about where to draw the line between the sane and the insane. It is not as simple as "naturally following from a larger principle about consent." You can believe strongly in a person's right to their sexual expression while also saying some things go too far. There is nothing inconsistent about that. The real argument, which your commenter tries to short-circuit with these fake conundrums, is where do we as a society draw the line regarding the limits of consent? tim maguire · October 10, 2007 11:18 AM Locke says if you are ultimately the property of your Creator, you cannot have the right to do away with yourself (whether through suicide, or putting your life in the absolute control of another person) any more than you have the right to do away with the property of others. I'm not sure how a non-theist could come to the same conclusions however. I'm sure it can be done, I just don't know how (at the moment). Kant would outlaw the things your commenter describes based on the Categorical Imperative. And the Categorical Imperative is just the practical consequence of the claim that all humans have Reason. So it would seem possible for even those who don't appeal to divine law to consistently keep government out of consenting rational adults' bedrooms while keeping it between people who want to enslave or kill each other. Micah Tillman · October 10, 2007 11:58 AM I'm familiar with the Categorical Imperative, and I've read Locke. But my argument is not a philosophical or moral one so much as a rational one. I think that even if we concede that such things as adultery, homosexuality or masturbation are immoral, that does not negate an individual's right in a free society to do them, much less provide the basis for imprisoning people for doing them. Eric Scheie · October 10, 2007 03:09 PM I think you give a pretty good non-theist argument against allowing "consent to be murdered". I'm not sure about the cannibalism angle - if person A killed himself, and left a note asking person B to go ahead and cook up his body and eat it, I'm not sure that your argument would hold as well, as it may be practical for the coroner to determine that the suicide note was genuine, and release the body before the meat spoiled. There's a very strong "ick" factor there, but making laws based solely on revulsion is not a good idea. Tim Maguire gets the slavery issue - so long as the "master" does not apply direct coercion to prevent the "slave" from leaving, then legally, it's just foreplay. Anthony · October 10, 2007 07:26 PM "No doubt John Wayne Gacy would claim that his victims enjoyed their autoerotic asphyxiation." Not to be a perversion pedant, dear, but I don't think it was autoerotic in the case of Gacy's victims. BTW, maybe I'm slow, but what exactly was your commenter's point? That consensual homicide should be permitted? Or that because he found your arguments in favor of allowing consensual sex between adults lame, society ought to be able to call itself free while legislating the bejeezus out of it? Sean Kinsell · October 10, 2007 09:35 PM Correction noted about autoerotic, Sean! It should be erotic asphyxiation, and yes, I do think it ought to be (and is) illegal to strangle people to death. As to the commenter's point, I don't think he intended to say that consensual homicide should be permitted; only that my argument would permit that, and consensual slavery. I think what he might be driving at is an argument I've heard before along the lines that there is no moral theory which would allow homosexuality while disallowing slavery or murder. I disagree, because I think it is entirely rational to base these laws on whether or not harm is done to others -- but the arguments go in circles. Anyway, I think that allowing murder or slavery -- whether by consent or not -- harms me, and all who care about their lives and their freedom. While I don't think allowing homosexuality harms anyone, the argument on the other side is that the homos are harming each other, or that the collective morality of society is harmed. I have never been able to understand the logic, and no one has been able to explain it to me without resorting to religious opinions. (Usually the Leviticus assertion that Moses claimed that God said man lying with man as with a woman is an abomination. Those who interpret that part of Leviticus as applying to themselves are certainly free to follow it, but their beliefs are not binding on others -- especially on others under no duty to uphold the rest of Leviticus.) Eric Scheie · October 11, 2007 08:23 AM Post a comment
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But is it an argument that's really worth having?
No. How can an adult even waste brain energy thinking such nonsense? That's assuming that your anonymous commenter is an adult.