Gods Big Toe
Unregistered
- Joined
- Nov 24, 2011
- Messages
- 64
Interesting thread. It sort of reminds of college bull sessions, only back then we did not call the guy who brought it up a troll or a pedophile nor did we suggest less controversial topics.
The 9 year old driving case is not really relevant since that is about risk assessment more than anything else. The hypothetical incest eliminated any risk by the dual use of birth control. The point would be the same if both parties had been rendered sterile via surgery.
Someone claimed that the rational basis for child molestation was the lack of consent. I assume the term molestation was broadly used to also includes those situations where had the minor been an adult, there would be no doubt whatsoever about consent. While a lack of consent is a rational basis, it still requires a rational basis to declare that a minor cannot consent to sexual activity with an adult.
I have recently seen several arguments for this presumed lack of consent that I consider weak at best. I write this knowing full well I may likely be accused of being a pedophile or otherwise promoting it, but I know in my heart that this is a mental exercise and not a reflection of my proclivities, which are a far cry away from that.
David Finkelhor makes a fairly decent argument stating that consent is not possible (ht tp :// newgon . com /prd/lib/Finkelhor1984/c2.html) after knocking down a few of the common arguments about why adult sex with children is wrong. The referenced article is a good example of what Ivor brought up because before Finkelhor addresses consent, he compares it to slavery in the sense that we would not condone slavery even if slaves were shown to be better off. In other words we just know it is wrong from a moral sense rather than empirical. Apparently he equates empirical with evidence of physical well-being.
His arguments for lack of consent as I understand them are directed at prepubescent children and do not necessarily apply to those who have reached puberty. Taken in that context I can see where he is coming from stating that children have no free will (his term). Any teacher will tell you that they have too damned much free will at times.
I can see how a parent can severely restrict free will, but that power diminishes at the next level of authority (teachers) and diminishes greatly with other adults and with age. It is still a reasonable point, though.
He also argues that they lack an understanding of what is involved even though they may grasp the mechanics and how it feels. He argues that they do not understand the social implications including how other people will react. This argument only works if you accept his initial premise that adult sex with minors is wrong. If society did not already believe that, then the social implications would not matter. It is hard to wrap my brain around that last part since it is so ingrained in American/Western culture that it is wrong, but as a mental exercise it is intriguing.
I read elsewhere (cannot find the link right now) that Finkelhor was reminded that children quite often make uninformed consent. Gymnastics has one of the highest injury rates, but we allow children to choose that sport. We actually reward those children who get up at 5 AM to practice before school and practice several hours each day of the weekend to win competitions that require them to do things the body does not do naturally or even have a practical use outside of the competition. Do they really understand what they are missing in their childhood? There are many other examples, religion being a fantastic example of something that has life-long effects and for which the child has no free will or concept.
Finkelhor argues that sexual activity is different because it is harmful. Unfortunately, this again relies on us accepting his initial premise that adult sex with children is inherently wrong. If it is inherently wrong, why make an empirical argument in the first place?
As a society we decide upon certain values and construct laws accordingly. We mostly agree on adults and children not having sex. When it comes to privacy and security, we often disagree. Some are willing to give up privacy and grant more power to the police so that we get all the bad guys while others are willing to have a system where some bad guys get away with it because they value privacy and not locking up innocents to be more important. National health care is another issue where differing values come into play.
I think a lot of it comes down to what we personally *feel* is acceptable. I do not want my son to end up in a shower with Sandusky. If when he is in his early teens Mrs. Robinson next door decides to show him the ropes, I probably will not be all that upset because I lusted after several Mrs. Robinsons at that age. If, however, my 14 year old daughter dives into the sack with her 30 year old swimming coach, I am not going to be a happy camper.
Do I have a rational basis for that? My rational basis is based on a similar premise of Finkelhor, which is to say that the way society is today, there will be negative social and psychological consequences. At the same time, though, I can freely admit that I simply find it wrong because I was brought up that way and live in a society where those beliefs are reinforced. Yes, some would object to the Mrs. Robinson scenario, but generally speaking most would not find it a serious problem, which is evidenced by popular press accounts.
I believe it is ALWAYS a good thing to examine our beliefs, especially those to which we have the most visceral reactions and/or believe to be self-evident. Had we not done so, homosexuality would still be suffering far more than it does now. Then again, if we apply the arguments by Finkelhor, we should not allow children to demonstrate homosexuality tendencies. After all, they really do not understand the social implications of their choice to act on their feelings, and the evidence of systemic prejudice against homosexuals is overwhelming. How can a young boy consent to merely kissing another young boy and going with him to a dance when has no concept of how society will react? If his parents are active in certain religions, the guilt may be enormous and cause psychological harm that may manifest itself physically.
Makes you think, eh?
The 9 year old driving case is not really relevant since that is about risk assessment more than anything else. The hypothetical incest eliminated any risk by the dual use of birth control. The point would be the same if both parties had been rendered sterile via surgery.
Someone claimed that the rational basis for child molestation was the lack of consent. I assume the term molestation was broadly used to also includes those situations where had the minor been an adult, there would be no doubt whatsoever about consent. While a lack of consent is a rational basis, it still requires a rational basis to declare that a minor cannot consent to sexual activity with an adult.
I have recently seen several arguments for this presumed lack of consent that I consider weak at best. I write this knowing full well I may likely be accused of being a pedophile or otherwise promoting it, but I know in my heart that this is a mental exercise and not a reflection of my proclivities, which are a far cry away from that.
David Finkelhor makes a fairly decent argument stating that consent is not possible (ht tp :// newgon . com /prd/lib/Finkelhor1984/c2.html) after knocking down a few of the common arguments about why adult sex with children is wrong. The referenced article is a good example of what Ivor brought up because before Finkelhor addresses consent, he compares it to slavery in the sense that we would not condone slavery even if slaves were shown to be better off. In other words we just know it is wrong from a moral sense rather than empirical. Apparently he equates empirical with evidence of physical well-being.
His arguments for lack of consent as I understand them are directed at prepubescent children and do not necessarily apply to those who have reached puberty. Taken in that context I can see where he is coming from stating that children have no free will (his term). Any teacher will tell you that they have too damned much free will at times.
He also argues that they lack an understanding of what is involved even though they may grasp the mechanics and how it feels. He argues that they do not understand the social implications including how other people will react. This argument only works if you accept his initial premise that adult sex with minors is wrong. If society did not already believe that, then the social implications would not matter. It is hard to wrap my brain around that last part since it is so ingrained in American/Western culture that it is wrong, but as a mental exercise it is intriguing.
I read elsewhere (cannot find the link right now) that Finkelhor was reminded that children quite often make uninformed consent. Gymnastics has one of the highest injury rates, but we allow children to choose that sport. We actually reward those children who get up at 5 AM to practice before school and practice several hours each day of the weekend to win competitions that require them to do things the body does not do naturally or even have a practical use outside of the competition. Do they really understand what they are missing in their childhood? There are many other examples, religion being a fantastic example of something that has life-long effects and for which the child has no free will or concept.
Finkelhor argues that sexual activity is different because it is harmful. Unfortunately, this again relies on us accepting his initial premise that adult sex with children is inherently wrong. If it is inherently wrong, why make an empirical argument in the first place?
As a society we decide upon certain values and construct laws accordingly. We mostly agree on adults and children not having sex. When it comes to privacy and security, we often disagree. Some are willing to give up privacy and grant more power to the police so that we get all the bad guys while others are willing to have a system where some bad guys get away with it because they value privacy and not locking up innocents to be more important. National health care is another issue where differing values come into play.
I think a lot of it comes down to what we personally *feel* is acceptable. I do not want my son to end up in a shower with Sandusky. If when he is in his early teens Mrs. Robinson next door decides to show him the ropes, I probably will not be all that upset because I lusted after several Mrs. Robinsons at that age. If, however, my 14 year old daughter dives into the sack with her 30 year old swimming coach, I am not going to be a happy camper.
Do I have a rational basis for that? My rational basis is based on a similar premise of Finkelhor, which is to say that the way society is today, there will be negative social and psychological consequences. At the same time, though, I can freely admit that I simply find it wrong because I was brought up that way and live in a society where those beliefs are reinforced. Yes, some would object to the Mrs. Robinson scenario, but generally speaking most would not find it a serious problem, which is evidenced by popular press accounts.
I believe it is ALWAYS a good thing to examine our beliefs, especially those to which we have the most visceral reactions and/or believe to be self-evident. Had we not done so, homosexuality would still be suffering far more than it does now. Then again, if we apply the arguments by Finkelhor, we should not allow children to demonstrate homosexuality tendencies. After all, they really do not understand the social implications of their choice to act on their feelings, and the evidence of systemic prejudice against homosexuals is overwhelming. How can a young boy consent to merely kissing another young boy and going with him to a dance when has no concept of how society will react? If his parents are active in certain religions, the guilt may be enormous and cause psychological harm that may manifest itself physically.
Makes you think, eh?