- In this case yes (context).
- Be my guess.
- Your claim is a personal attack and baseless. It's ad hominem.
- Complainging about what I wrote and telling me to start a new thread.
- IT WAS AN ASSERTION.
- It's still rhetorical and
- You've still not responded to my points.
- Context? You have a vivid imagination.
- "Guest", I think you mean. If you're prone to allowing your emotions to influence your reasoning and judgement how can you validly claim that they haven't. get it?
- Ah, now we're presented with the support for "no" - thanks. But it wasn't a personal attack (that seems somewhat emotive language!) and baseless. I've seen it before, and like the adage that some people here seem to like in relation to porn: I don't know how to define it but I know it when I see it!
- Fair enough, but a reasoned assertion. Again, so what?
- And so you'd prefer. Understandable.
- I'm still waiting.
I see absolutely
nothing in Post #1302 that even
remotely purports to answer this:
On what possible basis could your reasonable perception transpire to be true? Contrast what you've written with the dark alley example.
in response to this (yet another) straw man argument:
I can argue why it is reasonable that I "percieve" that I'm Napolean Bonaparte but it's a non starter. I'm still not going to get to rule France.
This habit of yours of dodging the tricky issues and electing to introduce straw men, different contexts and scenarios that sit comfortably with your mindset is quite unbreakable, it seems.
"Behave"? How are we to behave when it comes to child porn? What is your prescription?
You don't want to talk about laws. You don't want to hear why fear alone is an inapropriate basis for legislation. You don't want to hear about libertarian arguments against freedom and constiutional prohibition about prior restraint. You told me to take those issues to another thread.
So what the hell is your point? A.) I should live in fear of dark alleys or B.) I should take reasonable precations in potentialy dangerous situations.
If your answer is "B" then pray tell us what reasonable precautions society should take against virtual child porn? What the hell do you want to do about it?
Perhaps the title of the OP, which I'll remind you I started, might give you a clue. I'm more interested in discussing what, if anything, is wrong with porn per se, and I'm particularly interested in debating the subset of virtual child porn that we've got onto. I'm not necessarily seeking the answer to particular problems, which you seem to think is my primary motive here.
Now, having stated that, I do believe that virtual child porn should be criminalised (where it isn't already) based on the reasoning that I've set out herein.
I reject that virtual porn is a "reasonably percieved risk". Further I don't think the term has any real meaning.
That's interesting. You're prepared to draw a related conclusion about something that you don't think has any real meaning. That sure smells of illogic at best; bias at worst.
I think it could be used in self defense cases or some torts but asserting that virtual porn is a risk, percieved or otherwise doesn't make it so.
This "asserting doesn't make it" shield of yours grows larger by the minute. I believe that virtual child porn poses a reasonably perceived causative risk to children. You don't. get over it.
We know that people are killed in dark alleys. There is precedent for that. What precedent do you have that virtual porn is harmful?
Straw man - again. The dark alley example was used to explain the concept of "reasonably perceived risk" - no other reason. Precedent is not a prerequisite to reasonably perceiving a risk. Believe it or not,
reason is all that's needed (and, BTW, if it was a plain vanilla perceived risk (instead of a reasoanably perceived risk), absolutely nothing is a prerequisite - perception is in the mind of the beholder!).
Sounds like an empirical claim to me. If there are so many then surely you can name one.
The ban on people taking a 250ml bottle of mineral water on a civil aircraft.
That's constructive.
I see what you are saying but it still doesn't make sense. If I was to take you analogy a step further then by your logic it would be reasonable to make it law that any dark alley should be lit to appease me.
As I've clarified above, it isn't an analogy. But incidentally, if it was, then what you say in apparent jest is actually correct. Why do you think most public places are lit at night, for example, and how many additional lawsuits for muggings, etc. do you think there would be against Government authorities and agencies if such public places were not lit at night?
Also when you think about the first part of my last post you could really replace "perceived risk" with irrational fear, and irrational fears have no place in the law books.
Perhaps you could, and maybe they don't. Regardless, I've consistently and very deliberately qualified my use of the term "perceived risk" with "reasonable" and "reasonably".
and yes I know there are already laws that can be said to be based on it but, just be cause they exist doesn't make them right.
I agree, and it doesn't necessarily make them wrong either. Each should be judged on its merits. What such laws do prove, however, is that reasonably perceived risk is a criterion applied in determining many laws, which was my intended point.
See post 1302. Dark alleys are a known risk.
No they're not - they're a reasonably perceived risk. How can a dark alley possibly be a known risk if nobody is hiding down it? Get it?
We know that people are killed and harmed in them to some extent. We know what the relationship is because it is empirical. [emphasis added]
You're making the mistake of translating the relationship between limited occurrences in certain environments into a real and present risk in all such environments. This is arguably demonstrable of the principle of the straw man fallacy - your favourite.
If I ask you for evidence of people harmed by virtual porn your answer would be.....?
It would be "see above".
If you want to extend the laws to virtual porn then why did you tell me to take my arguments about ethics to another thread? You are not making sense.
Because your arguments seemed incidental to the heart of the matter, which concerns whether virtual child porn is "wrong". How such wrongdoing is checked is secondary, but I'm happy to debate it, provided we don't get side-tracked into the wonderful "First Amendment" and such like. To my mind that's a whole different debate about a principle that cuts across just about every facet of freedom and law.
I find the notion highly suspect that it is reasonable to suppose that there COULD be a causal link. Legislation and jurisprudence doesn't work by guessing, supposing, speculating, etc., etc.
I notice you left the word "reasoning" out of that latter list. This is an example of what I've criticised you for earlier - seeking to introduce your own contexts, scenarios and terminology to fit your argument. It's the ubiquitous straw man again.
The claim of link is for you to make.
"Reasonable supposition", would be the correct terminology.
I don't think it exists and it is very difficult and sometimes impossible to prove a negative.
Fair comment, although I can't be sure, of course, whether you've applied sufficient reasoning to the matter.
I'm not whining about freedom. It's central to modern liberal democracy, ethics and justice.
That's as maybe. It's still incidental to the heart of this debate, so far as I'm concerned.
If you don't live in a modern liberal democracy or you are from an Islamic culture or something akin to that and you think women should not be allowed outside of the house or show their faces to men because there is a reasonable perceived risk that they will be raped then I get your view that freedom isn't an appropriate consideration [emphasis added].
Straw man (I might start abbreviating that to SM, to save typing. Alternatively, we could just take it as a given!). Just as well I don't reasonably perceive such a risk then, eh!
Freedom is damn important to me. I'll not give it up for appeals to emotion such as fear. We could add to your list. We could prohibit mothers from working so they could spend full time with their children. We could prohibit children from swimming. No perceived threat there. That's a very real threat. Children die from swimming every year.
SM. "Reasonable" risk?!
Look, just because you and I find virtual porn abhorrent doesn't mean that there is harm. And reasonable perceived harm (if such a thing exists) has not been established. You only assert that it exists.
"Reasonable perceived harm" pertains to a possible causal relationship. By its very nature it doesn't "exist". Regardless, I don't assert anything. I repeat (in different words but having the same intended menaing): I consider it reasonable to suppose that there could be a causal link between virtual child porn and child molestation, to a degree. I also repeat (in possibly slightly different words from before): Given this reasoned supposition it seems sensible to look at the respective cost and benefit to society of criminalising virtual child porn, and if the benefit outweighs the cost to introduce appropriate legislation banning virtual child porn.