Various Thoughts XIX

Federalist 47 tells us that tyranny is “the accumulation of all powers, legislative, executive, and judiciary, in the same hands.”

How does this relate to regulatory commissions in the government? They set the rules for laws passed by Congress, and they are the ones who decide who violates them. They also act as judge and jury.

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A transgender individual is likely to be viewed as a member of his/her new sex and previous records altered to reflect the new situation. That includes the birth certificate. The new documents would also contain a new name.

Irrespective of any questions concerning society's readiness to accept this concept in general, suppose someone, or, indeed, some governmental agency, like the police, was trying to locate this individual but was only able to get information from those who only knew the person in question prior to the identity change. How would you locate someone whose name and sex you get wrong?

A court-authorized name change or one that accompanies marriage is far more likely to leave some prior information unchanged, although they do make the use of public records more difficult.

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There's an explosion of accusations of sexual misconduct in recent years. In all religions, Around the globe. Chances are good that human beings haven't changed recently and it is what it always was, but the reaction of society differs from time to time, and our perception of what constitutes harassment too (now we feel free to relate current feelings as well as past perceptions – true or not) is more inflated. “She” claims to have been abused and we expect society to act on the basis of what she says and how we react to it: to praise our behavior and to decry that of others, irrespective of of the nature of the accusations. All virtue is on the side of the accuser for she is telling “a” truth that is beyond denial, even if it is not always “the” truth. And for her act she is worthy of praise while the accused is not deserving of trial. The act of which he is accused is heinous, and it should be left at that.

How society viewed the act at the time it occurred is irrelevant. Present standards are all that counts.

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Like so many others I'm a television lawyer. Obviously that's knowing a negligible part of the law, but enough to form some shallow ideas about what I see. They're probably wrong but they're interesting and promote thought.

The issue in question is intent. Can a felony be committed by someone who has no intent to do so? Sometimes yes and sometimes no according to what I've seen. Separately I've learned that under the Fourth Geneva Convention some people can't be prosecuted for crimes they didn't personally commit, which blows a hole in all the trials of those who drove getaway for murderers.

And what is the status of intent in religious law? In Judaism there are some sins which ire said to take place irrespective of intent, but not all. I'm confused.

January 16, 2018

Fragments I

Sexuality

I started this recently but I have more questions than answers – both on this subject and others. In fact I've started a bunch of essays, but lack the patience to finish them. They contain ideas I haven't worked out, but the questions come rapidly and time is limited, so I leave it to you to work out the kinks, or whatever else you find. If you're interested. You can send me your take (if you want to) via “Comments” at the end. Sometimes they'll involve one subject and sometimes there'll be multiple subjects – like “Various Thoughts.” Not to worry, though. All will be named “Fragments” so you can decide to skip them if you choose.

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Over the years the conversation has changed. When I was growing up, sex was a taboo subject but now it's part of normal conversation on the radio and television; in the media, the movies, the theater and even in political conversations.

And when I was growing up, no one talked about homosexuality; the group now designated as LGBTQ didn't exist. No one discussed ED or other sexual dysfunction. There was no such a thing as sexual dysphoria and transgender conduct. Either they were all well hidden or they didn't exist. It's now fashionable to introduce sexual issues at all possible times. The closet door is open and no holds are barred.

But in addition to discussing the joys of sex, there has been an upturn in the extent of talking about sex itself, and it's effects on society. Not only does this involve sexual preferences and practices, but also their misuse – especially in the past.

Men have always been men and I doubt that there has been a significant change in the number of rapes, although terminology my be different since the institution of marriage. It's reasonably certain that political affiliations don't affect the incidence. Whether you favor evolution or another mechanism, as the cause, but is the current flurry strictly a result of DNA?

And women have always been women. Lysistrata made it clear that divisions of power were not absolute. And Joan of Arc, various saints and courtesans, the Amazons, and what we can glean from a plethora of historic and literary works suggest that not very much has changed over the years apart from society's reaction to the situation, and the conversation.

In recent days there has been a spate or stories, accusations, allegations about sexual abuse, although there is no good definition of the term. Most of them relate to incidents that are said to have occurred decades ago, and are being reported now. Which raises two questions – why are they being reported in such an inflammatory manner, and why now – following the admissions of an admitted participant who was elected president, although prior presidential misbehavior usually went unpunished or was ignored or played down? Whether the confrontations occurred is not the issue. It's likely that's so in most (but not all) cases, though the recollection of detail may be faulty, or self-serving, or both. In days past the accusers would have been suspected of collaboration. It would have been assumed that the women were trading themselves for employment or other fiscal advantage and were complaining that they didn't get what they wanted, or they were somehow trying to shift the blame to someone else lest their families disown them.

When, and this probably applies to most cases, the accusations were factual, the delay may have resulted from fear of retaliation by the powerful man, or shame concerning the incident. The current slant of society places greater emphasis on the complaints and the likelihood of guilt on the accused. One accusation breeds many, primarily of actual incidents, which are usually remembered favorably and involve famous people – newsworthy ones with deep pockets. I discussed this situation before, but I'd look at the issue from a different perspective now.

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Large number of allegations about sexual abuse (needs definition). (Slacks and drab outfits are satisfactory during the day but, more alluring outfits are used in romantic situations, though the women my claim that they are wearing what they like.) Allegations by a wide variety of men against both men and women years, and decades after the events cited are dealt with in other subsequent essay.

Why do women prefer enticing clothing but deny that it is men they want to entice?

Now Why, And Why Now? – “Justifications”

Societal, fear at the time, revenge, self-image, political, bandwagon, profit, fame

What constitutes “consensual?”

Calendars – cheesecake, beefcake

Whistles

Does it matter who says? – “nigger” or “bitch” – Is it permitted among some?

“I love it when you talk dirty” – Men and women”

At what point does dirty talk become an offense?

Sexuality

Men speech, women clothing –Both may incite “unwanted” contact.  Sages mandate tznius clothing by women so as not to incite their passions.  It was a problem then.

Some women state that a woman's search for sexuality is the same as a man's. Should an accusation against a woman rate the same headlines as on against a man? Should the penalties for the two sexes be the same?

Demand for equality despite DNA. Some women want to be the “same” as men irrespective of the differences. What should be the response to demands for equal salaries for those who want to choose their own work hours or have less experience on the job?

Sports handicaps – Should they persist or has Billie Jean King made equality legitimate and a 5' 2” woman should be welcomed into the NBA?

November 27, 2017

Harebrained Schemes 8

Have you ever noticed a strange smell in your house? It's more common in the country than in the city. Smells like a dead animal but you can't locate it? Don't be surprised. You're not equipped to. Evolution may have improved your intellectual standing above the “lower” animals, but it has taken away much of your ability to locate and identify odors and their sources. Most of us don't eat roadkill or its variants, so why be able to identify and locate it?

Cats For Rent would solve this problem at a rate cheaper than an exterminator. No white jackets and fancy equipment. Just some hungry cats (they haven't been fed in days – it lowers costs and improves results) that are let loose in your residence. If they can't find the source quickly, no exterminator can. And in addition to cash for their owner, you've provided food for starving animals. It's all very green.

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Who's around to hear what people will say at his funeral. OK. At a roast of an entertainment star people speak up while you're still alive, but they usually insult you for the laughs. Very nice, very friendly, and totally insincere.

What you really want to hear are compliments – whether deserved or not. That's insincere too, but you want to take it seriously, and you want the guests to do so as well. Some of what the speakers say will be true but most will be exaggerated. So what. It's the first time in your life (wrong word?) that you're shown the respect you think you deserve. But you never hear it. The words either don't get into that wood box, or you don't hear them for some other reason.

There's batting practice before a baseball game, rehearsals before a show opens, and even preplanning of a funeral. Why not include the rehearsal of a funeral service so the guest of honor will hear the accolades. He can even edit and add to them so no one will be unaware of the accomplishments he considers most important, but which would probably be omitted by those who don't know him a well as he does. Or are less impressed by the “accomplishment's” importance. And he can suggest “slaps” at those who offended him.

It would be a good money raiser for the funeral home and, with an unhealthy meal following, there may be some heart attacks that will up the earnings..

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There's a spate of accusations of sexual abuse going around. They're usually blamed on men and attributed to DNA that lets testosterone run loose, and society's willingness to overlook the idea that “boys will be boys.”

Those are certainly contributing factors, but not the critical ones. Periodically we read about a female predator – usually a school teacher or someone in industry who heads a department or section. In those instances, testosterone isn't the issue – power is. Control. Women took advantage of men or boys who feared that their rejection of their superior (or squealing) would result in punishment, while acceptance of the “opportunity” would lead to advancement. As Lord Acton said, “Power corrupts.”

Which leads me to a simple solution, and a chance to kill two birds with one stone. (Actually two directly and others in passing.) The answer is to bar men from leadership positions in all fields until a clear pattern of sexual abuse by women is established. The “one stone” of which I wrote would, along the way, immediately shatter the “glass ceiling.” (Other likely results would be that there would be a change in the pattern of wage inequality – perhaps only the direction – and an alteration in birthrate statistics.) What the Hell. It's worth a try.

November 21, 2017