Quotulatiousness

May 27, 2016

QotD: Teenage sex

Filed under: Law, Liberty, Quotations — Tags: , , , , , — Nicholas @ 01:00

A wise and cynical friend of mine once described the motivation behind puritanism as “the fear that someone might be fucking and getting away with it”. I think the subtext of the periodic public panics about teen sex has always been resentment that sexy young things just might be getting away with it — enjoying each others’ bodies thoughtlessly, without consequences, without pregnancy, without marriage, without “meaningful relationships”, without guilt, without sin.

The traditional rationalizations for adult panic about teen sex are teen pregnancy and STDs. But if teen pregnancy really had much to do with adult panic, anti-sex rhetoric would have changed significantly after reliable contraception became available. It hasn’t. Similarly, we don’t hear a lot of adult demand for STD testing in high schools. No; something else is going on here, something more emotional and deeper than pragmatic fears.

Conservatives and liberals alike are attached to the idea that sex ought to be controlled, be heavy, have consequences. The Judeo-Christian tradition of repression, which yokes sex to marriage and reproduction, is still powerful among conservatives. Liberals have replaced it with an ethic in which sex is OK when it is harnessed to building relationships or personal growth or therapy, but must always be undertaken with adult mindfulness.

Both camps are terrified of mindless sex, of hedonism, of the pure friction fuck. Lurking beneath both Judeo-Christian and secularized taboos is a fear that too much pleasure will damn us — or reduce us to the status of animals, so fixated on the drug of orgasm that we will become unfit for marriage and society and adult responsibility. What has not changed beneath contingent worries about pregnancy and STDs is the more fundamental fear that pleasure corrupts.

And beneath that fear lurks something uglier — the envy that dares not speak its name. The unpalatable truth is that a teenager’s “immature” hormone-pumped capacity to have lots of mindless sex makes adults jealous. The conscious line is that the kids have got to be stopped before they have more sex than is good for them — the unconscious line is that they’ve got to be stopped before they have more fun than we can stand.

Eric S. Raymond, “Teen Sex vs. Adult Resentment”, Armed and Dangerous, 2002-05-29.

February 3, 2016

Brace yourself for the predictable bullshit about “trafficked” prostitutes at the Super Bowl

Filed under: Football, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 02:00

In Reason, J.D. Tuccille explains why the usual media coverage of underage/trafficked/sex slave prostitutes being shipped in to cater to the depraved masses at the Super Bowl are so much hysterical nonsense:

When the Carolina Panthers and the Denver Broncos face off in San Francisco, experts warn us to expect Cam Newton and Peyton Manning to face burial under a tidal wave of human flesh — not the opposing team’s defensive line, as you might expect, but a writhing mass of sex slaves inundating the Super Bowl and the Bay Area.

Or so government officials and moral panic types would have it.

“Super Bowl host cities typically see a jump not just in tourists, but also in some crimes, including human trafficking and prostitution,” San Francisco’s KGO warned earlier this month on Human Trafficking Awareness Day, an annual event held every January 11.

“The good news is that we are continuing our efforts to fight human trafficking,” San Francisco District Attorney George Gascón said the same day. “The bad news is that the problem continues to increase.”

Gascón made his comments at a press conference deliberately tied to the big game, in anticipation of a wave of “trafficked” sex workers descending on the area.

That term – not “prostitution,” but “trafficking” — is a deliberate choice, selected to confuse people accustomed to the plain language established over the long history of the buying and selling of sexual services. The reason why is obvious. While the trade in sex was once frowned upon in itself, that’s no longer necessarily the case. A YouGov poll published this past September found Americans almost evenly divided, with 44 percent favoring legalization of prostitution, and 46 percent opposed. That’s up from 38 percent support for legalization in 2012. Amnesty International is among the organizations seeking to recognize people’s right to, in the organization’s words, “the full decriminalization of all aspects of consensual sex work.”

Opponents of commercial sex find themselves on the wrong side of shifting public opinion, so they pull a little rhetorical sleight of hand to get around that inconvenient word “consensual.” The implication of the “trafficking” terminology is that prostitutes are slaves — and they’re being hustled off to a major sporting event near you.

“Coercion is much rarer than ‘trafficking’ fetishists pretend it is,” insists Reason contributor and former call girl Maggie McNeill. “The term ‘trafficking’ is used to describe many different things along a broad spectrum running from absolutely coercive to absolutely not coercive, yet all of them are shoehorned into a lurid, melodramatic and highly-stereotyped narrative.”

September 24, 2015

QotD: Sex trafficking

Filed under: Law, Media, Quotations — Tags: , , , , — Nicholas @ 01:00

I am often asked if, by calling “sex trafficking” a myth, I’m saying that there is no such thing as coercion in sex work. The answer, of course, is “not at all”; what I’m saying is 1) that coercion is much rarer than “trafficking” fetishists pretend it is; 2) that the term “trafficking” is used to describe many different things along a broad spectrum running from absolutely coercive to absolutely not coercive, yet all of them are shoehorned into a lurid, melodramatic and highly-stereotyped narrative; and 3) that even situations of genuine coercion rarely bear much resemblance to the familiar masturbatory fantasy of an “innocent” middle-class girl in her early teens abducted by “pimps” from a shopping mall, bus stop or internet chat room.

Maggie McNeill, “The Face of Trafficking”, The Honest Courtesan, 2014-10-10.

May 29, 2015

The legacy of the great satanic sex abuse panic still resonates today

Filed under: Law, Media, USA — Tags: , , , , — Nicholas @ 04:00

Radley Balko reports on the recent release of two former Austin, Texas daycare owners … who’ve been in prison since 1992 on the testimony of a toddler and “expert evidence” from a satanic ritual expert and how the moral panic of the day made it impossible for the courts to see how utterly unlikely the case actually was:

The panic actually began in the 1980s. It was instigated and perpetuated mostly by groups of fundamentalist Christians who saw Satan in every heavy metal album, “Smurfs” episode, and Dungeons & Dragons game, along with a quack cadre of psychotherapists who were convinced they could dig up buried memories through hypnosis. What they did instead was shed some light on just how potent the power of suggestion can be. Remarkably, children were convinced to testify about horrifying — and entirely fictional — violations perpetrated on them by care workers and, in some cases, by their own parents.

But it wasn’t just children. As the Kellers’ conviction shows, the panic was so overwhelming, it could convince trained medical professionals to see abuse where there was none. Some defendants were convicted of gruesome crimes such as the aforementioned dismembering of babies despite the fact that there were no corpses and no babies missing from the immediate area.

[…]

That the highest court in Texas still can’t bring itself to declare the couple innocent, in spite of all that we know now, shows just how difficult it can be to undo the damage caused by a moral panic and junk science in the courtroom.

[…]

Here’s an observation from the panic that I don’t think has been fully explored: These kids didn’t make up these stories. In this case and dozens of others, the kids were telling tales with details about geography, history and current events about which kids of their age couldn’t have known. That’s likely what made their stories seem somewhat credible. But the fact that it all was fictitious reveals a particularly unsettling truth: These sick, lurid, unimaginable abuses could only have been a product of the imaginations of the therapists, social workers, cops and/or prosecutors who interviewed the children. If the memories were implanted, those are the only people who could have implanted them. That means that the same people entrusted to protect these kids, and in whom these communities trusted to police the streets, prosecute crimes and administer therapy, were ultimately the ones capable of dreaming up detailed sexual fantasies that put children in bizarre rituals involving violence, animals, corpses and so on.

There’s a lot to be learned from these cases. For one, there are lessons about professional accountability: Not only were the vast majority of the prosecutors who put these innocent people in prison in these cases never sanctioned, but also most went on to great professional success, sometimes because of their role in these high-profile cases, and sometimes even after it was widely known that the people they prosecuted were innocent. There are other lessons here about how we screen “expert” witnesses, and how bad science gets into the courtroom. There are lessons about the power of suggestion that could be applied to eyewitness testimony and how we conduct police lineups.

But the drawing of lessons is something we typically do once a crisis is over. This one still isn’t. There are still people in prison awaiting exoneration in these cases.

May 20, 2015

Minecraft – the latest moral panic

Filed under: Gaming, Media — Tags: , — Nicholas @ 03:00

At Techdirt, Karl Bode pours some scorn on a deserving demographic:

Like many people, video games have been an integral part of my life for about as long as I can remember. From my days visiting Wildcat! BBS systems where I’d play Trade Wars 2000 — to obsessing over the Apple IIe, IIc and IIgs — video games were not only an integral part of my childhood, they actually helped forge an adult career path. Swapping out graphics cards and building new PCs to play Quake 2 led to a job in Manhattan legal IT, which in turn resulted in a life focused on writing about technology. Aside from a few tics, I like to believe I wound up relatively normal, and video games have made my life immeasurably more rewarding.

That background usually forces me into the role of video game evangelist when surrounded by folks that, all too frequently, are engaged in hand wringing over the diabolical moral dangers games purportedly present. At a party recently, some friends expressed muted shock because a colleague’s kid was, instead of being social, playing a game in which he was “herding human beings and keeping them in a barn to eat.” I had to explain (skipping the part about how you’d need a mod to actually eat them) how this behavior wasn’t indicative of a Jeffrey Dahmer in training, he was simply engaged in normal problem solving behavior on the new frontier […]

Despite the fact that Minecraft is simply an amazing evolution of the Lego concept for the modern age, the moral panic surrounding the game never quite seems to abate. The latest case in point is over at the BBC, where the outlet implies it has heard all of the pro-Minecraft arguments before, it’s just choosing to ignore them in order to portray the game as an unpoliced virtual-reality hellscape that’s rotting the brains of children everywhere. While there are some good points embedded within, there are notably more bad ones, like the argument that kids should instead be reading, because reading engages imagination and builds character

QotD: The forward-looker

Filed under: Media, Politics, Quotations, USA — Tags: , , , — Nicholas @ 01:00

You know the type as well as I do. Give the forward-looker the direct primary, and he demands the short ballot. Give him the initiative and referendum, and he bawls for the recall of judges. Give him Christian Science, and he proceeds to the swamis and yogis. Give him the Mann Act, and he wants laws providing for the castration of fornicators. Give him Prohibition, and he launches a new crusade against cigarettes, coffee, jazz, and custard pies.

I have a wide acquaintance among such sad, mad, glad folks, and know some of them very well. It is my belief that the majority of them are absolutely honest — that they believe as fully in their baroque gospels as I believe in the dishonesty of politicians — that their myriad and amazing faiths sit upon them as heavily as the fear of hell sits upon a Methodist deacon who has degraded the vestry-room to carnal uses. All that may be justly said against them is that they are chronically full of hope, and hence chronically uneasy and indignant — that they belong to the less sinful and comfortable of the two grand divisions of the human race. Call them the tender-minded, as the late William James used to do, and you have pretty well described them. They are, on the one hand, pathologically sensitive to the sorrows of the world, and, on the other hand, pathologically susceptible to the eloquence of quacks. What seems to lie in all of them is the doctrine that evils so vast as those they see about them must and will be laid — that it would be an insult to a just God to think of them as permanent and irremediable.

H.L. Mencken, “The Forward-Looker”, Prejudices, Third Series, 1922.

April 18, 2015

Moral panics and “Shaken Baby Syndrome”

Filed under: Health, Law, Media, Politics, USA — Tags: , , — Nicholas @ 04:00

In L.A. Weekly, Amy Nicholson looks at a new documentary:

It’s never simple when science suffers a shakeup. The road to the truth is littered with fallen experts who were disgraced when they tried to disprove — or prove — the common wisdom, be it that the earth revolves around the sun or that witches float. Today’s researchers are fighting to restore logic in the debate over vaccinations, global warming, and the increasingly hazy medical condition called Shaken Baby Syndrome, whose adherents accuse, pursue and prosecute an estimated 250 parents, babysitters and other caretakers each year.

Veteran investigative journalist Susan Goldsmith has spent years examining the medical and legal industry that has arisen to promote its belief that vicious baby-shaking by enraged adults has killed thousands of infants, the subject of the new documentary, The Syndrome, researched by Goldsmith and directed by her cousin Meryl Goldsmith.

“I made a career writing about child abuse,” she says. Her child abuse investigations as a reporter for The Oregonian led to two new laws designed to better protect kids in foster care. Yet, she also sees extreme, unfounded reactions by well-meaning people when children are involved. Says Goldsmith, “When people hear ‘child abuse,’ all thinking just goes into shutdown mode.”

A diagnosis of Shaken Baby Syndrome was supposed to explain mysterious deaths in babies without bone fractures, bumps, bruises or neck injuries. How did they die? A theory arose that babies were under attack by loved ones. For decades, doctors in the U.S., and dozens of other countries were trained to look for three internal symptoms that experts claimed were proof of a powerful shaking assault on a tiny child: brain swelling, blood on the surface of the brain, and blood behind the eyes. Well-meaning doctors were instructed that these symptoms could only occur due to intense shaking — if a parent or babysitter said the child had fallen or suddenly fell ill, that was a lie.

Proponents of the theory grew so powerful in political circles, where elected officials were keen to show they supported helpless children, that laws were passed across the U.S. requiring a doctor who spotted any of the three symptom to alert authorities. Failure to report symptoms, even if a doctor found the parents’ explanation made sense, could result in fines, civil lawsuits, or even jail time.

We’ve been here before. The Syndrome rewinds back to the 1980s when the big public panic on behalf of children was Satanic Ritual Abuse, a Salem-like national frenzy in which prosecutors and juries in big cities and small towns sent daycare employees to jail for years for crimes as implausible as cutting off a gorilla’s finger while at the zoo, then flying the children over Mexico to molest them.

H/T to Amy Alkon for the link.

February 19, 2015

QotD: The prohibitionists

Filed under: History, Law, Politics, Quotations, USA — Tags: , , — Nicholas @ 01:00

This notion, I believe, is at the bottom of much of the current pathetic faith in Prohibition. The thing itself is obviously a colossal failure — that is, when viewed calmly and realistically. It has not only not cured the rum evil in the United States; it has plainly made that evil five times as bad as it ever was before. But to confess that bald fact would be to break the forward-looking heart: it simply refuses to harbor the concept of the incurable. And so, being debarred by the legal machinery that supports Prohibition from going back to any more feasible scheme of relief, it cherishes the sorry faith that somehow, in some vague and incomprehensible way, Prohibition will yet work. When the truth becomes so horribly evident that even forward-lookers are daunted, then some new quack will arise to fool them again, with some new and worse scheme of super-Prohibition. It is their destiny to wobble thus endlessly between quack and quack. One pulls them by the right arm and one by the left arm. A third is at their coat-tail pockets, and a fourth beckons them over the hill.

The rest of us are less tender-minded, and, in consequence, much happier. We observe quite clearly that the world, as it stands, is anything but perfect — that injustice exists, and turmoil, and tragedy, and bitter suffering of ten thousand kinds — that human life at its best, is anything but a grand, sweet song. But instead of ranting absurdly against the fact, or weeping over it maudlinly, or trying to remedy it with inadequate means, we simply put the thought of it out of our minds, just as a wise man puts away the thought that alcohol is probably bad for his liver, or that his wife is a shade too fat. Instead of mulling over it and suffering from it, we seek contentment by pursuing the delights that are so strangely mixed with the horrors — by seeking out the soft spots and endeavoring to avoid the hard spots. Such is the intelligent habit of practical and sinful men, and under it lies a sound philosophy. After all, the world is not our handiwork, and we are not responsible for what goes on in it, save within very narrow limits. Going outside them with our protests and advice tends to become contumacy to the celestial hierarchy. Do the poor suffer in the midst of plenty? Then let us thank God politely that we are not that poor. Are rogues in offices? Well, go call a policeman, thus setting rogue upon rogue. Are taxes onerous, wasteful, unjust? Then let us dodge as large a part of them as we can. Are whole regiments and army corps of our fellow creatures doomed to hell? Then let them complain to the archangels, and, if the archangels are too busy to hear them, to the nearest archbishop.

H.L. Mencken, “The Forward-Looker”, Prejudices, Third Series, 1922.

December 26, 2014

Coming up next on Moral Panic Daily, the war on “gendered” toys

Filed under: Media, Randomness — Tags: , , , , — Nicholas @ 02:00

If you’ve had kids of your own, you may have been briefly concerned about imposing gendered expectations on your children by giving them stereotypical “boy”- or “girl”-coded playthings — or more likely, been accosted on that issue by someone who doesn’t have kids. Get ready for more of it, as it’s apparently the next imaginary crisis western society is facing:

“Tis the season for anxious parenting,” writer Elissa Strauss announced last Friday in The Week. The cause of this parental stress may not be obvious at first glance. Rather, it is quiet, insidious, and, apparently, it lurks worldwide.

It is — get ready, innocent holiday shoppers — an army of sexist, “gendered” toys, ready to oppress children around the globe. Sadly, these toys, much like, say, Victoria’s Secret models, face a rather odd conundrum: They are both victimizers and victims at the same time. These inherently sexist toys, you see, are also forced to live in a virtual apartheid of equally sexist, restricting, and gender-segregated toy store shelf arrangements. It is, as modern feminists like to say, a bit of a double bind.

Remember the children’s book Corduroy, where the underprivileged bear with the broken overalls lives on the same shelf as the fancy doll and the gigantic lion and the unintentionally spooky clown that looks like it’s about to murder them all? Well, friends, in our age of inequality, this diversity is apparently no more. Strauss explains further:

    Thanks to the feminist revival of the past half-decade more and more parents now hesitate to buy their daughters a doll or sons an action figure. In Australia, activists are calling for a ‘No Gender December;’ in the UK a campaign called ‘Let Toys Be Toys’ is pushing for gender-neutral toys; in Sweden some toy stores are now gender neutral; and here in the States resistance to the pink aisle is growing louder and louder.

Interesting! Since I do almost all of my shopping online, thereby avoiding — and this is quite purposeful, friends — any type of toy aisle altogether, I did what any good writer investigating a potential international scourge would: I took my three boys to the local Target toy section. This, in case you don’t have kids, is a very brave thing to do.

My goal was to investigate “the gendered tyranny” of the toy aisles, as Australian academic Michelle Smith recently called it. I’ll start by saying this: There was a certain tyranny in the Target toy section, but I’m not sure if it was gendered. Here are the toys my kids descended upon within approximately 15 seconds:

  1. A giant plastic castle, concocted by the Fisher Price “Imaginext” brand, which has a lion’s mouth as a gate. Every time you open the gate (“Click!”) the lion lets out a roar (“RARGHGH!”).
  2. A “Let’s Rock” Elmo, which says the following, over and over: “ELMO’S GONNA ROCK! YEAH!” (Maybe this one was broken, but seriously, that’s all it said.)
  3. A four-foot long Star Wars light saber, which makes a rather realistic light-saber “Woooooosh!” sound. This toy is also useful for knocking all the other toys off the shelves.
  4. “Click! RARGHGH! Click! Wooooooosh! Click! ELMO’S GONNA ROCK! YEAH! RARGHGH!”

I’m sorry, what was I saying again? My ears are bleeding. Oh, yes. Among the colorful rows of the Target toy section — I’m sorry, I mean “the highly gendered amusement prison bounded by proverbial pink and blue bars” — two aisles stood out. Both, unsurprisingly, were an explosion of purple, sparkles, and several alarming and unearthly shades of pink.

December 11, 2014

“Eyewitnesses” and the human mind

Filed under: Law, Liberty, Science — Tags: , , , — Nicholas @ 00:04

Maggie McNeill discusses some of the problems we encounter when we depend on “eye witness accounts” of events:

If you haven’t yet read my research paper, “Mind-witness Testimony”, you really ought to […] The Reader’s Digest version is:

    … The human mind doesn’t passively record events as a camera does; memory is an active and dynamic process which retains information by fitting it into schemata, mental frameworks which shape our thinking and give meaning to perceptions … The same psychological mechanism which causes us to find pictures in Rorschach’s inkblots also causes us to fit memories into the complex web of schemata by which we interpret the world. And just as we ignore those topological elements of a cloud or inkblot which do not fit the meaning our minds have imposed upon it, so do we forget or distort elements of a memory which fail to conform to the schema in which we have embedded it, or even invent elements which were not in reality present, but which the schema predicts should be…The human mind often completely fabricates memories in order to impose conformity with one’s weltanschauung. One simple example involves police lineups: people will often identify the man whom police imply (subtly or overtly) is their preferred suspect because they believe police to be expert assessors of guilt who would never implicate someone falsely, and this schema of police authority and infallibility actually shapes their memories, sometimes to the point of identifying a person who is later proven to look absolutely nothing like the actual criminal…

In witch hunts of both the classic and modern varieties, hypersuggestible people such as children, the mentally ill, the emotionally needy or the severely traumatized can be induced to “remember” all sorts of fantastic things which are not even physically possible, much less grounded in actual events; when they repeat these “memories” in court (or in front of audiences hungry for “sex trafficking” narratives) they are not lying in the strict sense, but merely playing back a script that was written into their memories by processes such as suggestion, group polarization, stereotypic conformation, guided imagination, abusive interrogation tactics and others discussed in my paper. Though the concept of “recovered memory” has been discredited and most reasonably-well-informed people understand its role in driving the Satanic panic, few have yet connected the dots to recognize “sex trafficking” narratives as produced by the same processes. However, as the public begins to recognize driving the Satanic panic, few have yet connected the dots to recognize “sex trafficking” narratives as produced by the same processes. However, as the public begins to recognize the fallibility of human memory, it’s inevitable that outlandish, evidence-free stories such as those told by Somaly Mam, Chong Kim and Theresa Flores will be treated with greater skepticism.

December 3, 2014

Tennessee Salvation Army covers themselves with shame

Filed under: Religion, USA — Tags: , , , , — Nicholas @ 00:04

Lenore Skenazy posted an item about a family in Tennessee who were turned away from a Salvation Army shelter because of their 15-year-old son:

When it comes to helping families in need, the Salvation Army turns a cold shoulder to one class of people: Teenage boys. A family in Johnson City, TN, found this out recently when, on a freezing cold night, they asked the organization for shelter. But because their family of five contained a 15-year-old boy, they were turned down.

But wait … for all the worries about police officers going rogue and acting like an occupying army instead of peace officers, there are still some good ones serving and protecting:

So instead the family headed to their car. The temperature: 18 degrees.

Somehow, local police officers came upon them and brought them to the Johnson Inn. The officers then pooled their money to pay for a room. When the night clerk figured out what was going on, he comped the room, so the officers’ money went to groceries for the family.

Meantime, 911 dispatchers who had been in on the action pooled their money to provide the Lejeunes some more food.

And the Salvation Army relented and took the family in … minus the 15-year-old, who felt that he was the reason his family was turned out into the below-freezing weather. He’s apparently now in a mental hospital, having had a breakdown over the guilt the Salvation Army helped him feel to the fullest. Nice work, guys. So Christian.

October 17, 2014

The latest moral panic

Filed under: Gaming, Media, Politics — Tags: , , , — Nicholas @ 10:22

In sp!ked, Allum Bokhari looks at #GamerGate:

The gaming community is no stranger to cultural warfare and moral panic. In the 1990s, a cohort of censorious, ‘family values’ politicians waged a ceaseless campaign to regulate the gaming industry, following a series of panics over the ultra-violent Mortal Kombat series. In the early 2000s, the socially conservative activist Jack Thompson gained notoriety for engaging in a stream of litigation against video-game companies, arguing that they were responsible for everything from gang violence to school shootings.

The tenor of moral panic has changed since then. Now, the main source of fear, loathing and general misanthropy in the gaming industry stems from the cultural left rather than the socially conservative right. Similar to the old right, the new cultural warriors argue that games promote violence and reinforce so-called rape culture. Arguments that games perpetuate sexism and racism are also fairly common. Instead of being seen as mere escapism, the tastes of modern gamers are portrayed as dangerous and subversive, a threat to right-on values. Gamers ought to be feared and shunned. In this remarkable video, a cultural warrior goes on a tirade against mainstream gamers, culminating in the destruction of a copy of the controversial video-game Grand Theft Auto V before a cheering crowd. The misanthropic disgust with ordinary gamers is palpable.

The growing contempt of the games-industry elite for the preferences of gamers has accelerated in recent months. Following a major confrontation between gamers and activists last August over allegations of journalistic favouritism, article after article has been published decrying the gaming community for its alleged bigotry, sexism and narrow-mindedness. The worst examples of ‘social-media harassment’ were used as an excuse to present gamers as a mass of hateful savages. To those familiar with the regular and sometimes absurd panics over football fans, this language will sound familiar.

You may well ask how these activists are able to sustain these bizarre beliefs, particularly given the mounting evidence that gamers are actually a pretty diverse and welcoming group of people after all. One explanation is their fondness for echo-chambers, maintained through exclusive email groups, social media blocklists and mass deletions of user comments on open forums. The extent to which the new cultural warriors will go to remove uncomfortable opinions from view is quite extraordinary. Reinforcing, rather than challenging, one’s own biases has become the norm.

July 21, 2014

The retreat of civil society and the advance of the nanny state

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:27

In The Week, Michael Brendan Dougherty wonders why so many parents are being arrested these days for letting their children do things that used to be utterly normal:

Last month, when the first wave of these stories came out, I suggested it was a problem of helicopter parents enforcing their notions of parenthood on others. But the number and variety of such incidents suggest that something more is at work. The communities that are happy to watch the kids in the neighborhood, and help parents with an extra set of eyes and a few caramels, are just gone. We’re arresting parents because civil society is retreating from children altogether.

Timothy Carney, a columnist for The Washington Examiner and a father of five, attributes it to a decline of “neighborliness.” And that’s certainly true. People see a kid, imagine a bad thing could happen to them, and then think they should call the cops. Whereas “neighborly adults look after other adults’ kids when the parents are unavailable.”

Gracy Olmstead, in a very smart article for The American Conservative, says that all of this waning of society and waxing of the state was predicted by communitarian libertarian Robert Nisbet:

    Nisbet predicted that, in a society without strong private associations, the State would take their place — assuming the role of the church, the schoolroom, and the family, asserting a “primacy of claim” upon our children. “It is hard to overlook the fact,” he wrote, “that the State and politics have become suffused by qualities formerly inherent only in the family or the church.” In this world, the term “nanny state” takes on a very literal meaning.

[…]

But today those communities seem rarer, and so, too, those shared premises about how kids should behave. More than that, there’s a fear of taking responsibility for kids in the neighborhood. Deliver a short report on a child’s behavior and his parents may snap back, “Don’t tell me how to parent my child.” A neighbor’s interest may seem invasive or even creepy. Lacking church or community, bystanders in a neighborhood refer their concern about a suboptimal parental situation (one they usually know little about because they are not very neighborly) to the only other institution empowered to look out for the welfare of children: the state.

Update: Scott Greenfield on the whole “see something, say something (to the authorities)” situation with parents and children.

[…] the most fundamental cause for some people to feel empowered to rat out a parent [is] because they just aren’t managing their children the way I think they should!!!

Everything that fails to comport with the way the most sensitive soul in the neighborhood feels it should must now be a crime. Do it for the children. Do it for the women. Do it for … just do it.

Parents always question other parents’ parenting skills and choices. We naturally believe with all our heart and soul that whatever choices we made were better than theirs, whoever they may be. This is human nature, given our own belief that we are right and anyone who disagrees with us is wrong. Conversely, everyone who agrees is brilliant, confirming that we, too, are both right and brilliant. These thoughts are nothing new.

But the problem in Douthat’s parade of bad parenting isn’t merely some prissy busybody’s decision that some parent has inadequately bubble-wrapped their kid. The problem is that they conflate their parenting choices with righteousness, such that anyone who doesn’t share their sensibilities has committed a crime. It’s a crime to neglect your child, with neglect defined as doing anything less than providing absolute safety and comfort to children as the most delicate flower perceives it.

[…]

Years ago, there was a saying in the parent’s handbook, “spare the rod and spoil the child.” Today, that’s Endangering the Welfare of a Child in the First Degree. This isn’t to suggest that beating kids is a great method of child rearing, but to remind all the self-righteous that their beloved nanny used to beat their mother to a pulp when she misbehaved. Are you ready to lock granny up? If not, what moral authority do you have to call the cops on someone else, whose crime is not meeting your expectations of safe enough?

The criminal law is not a child-rearing tool. If you spent a few seconds thinking beyond your overly passionate feelings, you might consider whether a child would do better to be reared by a loving parent who isn’t inclined to keep them locked in protective custody throughout the formative years, than as a ward of the state. How does turning a parent into a criminal, losing a job, perhaps even a home, make a child’s life better?

July 15, 2014

Reason.tv – Maggie McNeill on Why We Should Decriminalize Prostitution

Filed under: Law, Liberty — Tags: , , , , — Nicholas @ 08:43

Published on 14 Jul 2014

“There is a very common form of rhetoric that’s used against us … that sex work isn’t work. That it’s a dodge. That it’s a scam. That it’s a form of exploitation,” says Maggie McNeill, a former sex worker turned activist who blogs at The Honest Courtesan.

“We still pretend that there’s a magical mumbo jumbo taboo energy about sex that makes it different from all other human activities.”

McNeill sat down with Reason TV‘s Thaddeus Russell for a wide-ranging interview where she responds to the feminist critique of sex work, explains why research on trafficking may not be reliable, and says why prostitution should be decriminalized.

“The problem is that there are already laws for these things,” states McNeill. “We have a name for sex being inflicted on a woman against her will. We call it rape. We have a name for taking someone and holding them prisoner somewhere. We call that abduction. … Why do we need [prostitution] to be laid on top of all these other things that already are crimes?”

July 9, 2014

Britain’s latest moral panic enters the “proposing bad law” stage

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas @ 08:40

Iain Martin says it’s now gotten to the point “where it is permissible to mention George Orwell and his novel Nineteen Eighty-Four“:

Peter Wanless, the chief executive of the NSPCC, said earlier: “If someone consciously knows that there is a crime committed against a child, and does nothing about it because they put the reputation of the organisation above the safety of that child, that should be a criminal offence.”

“Consciously knows.” There’s an interesting phrase. It seems that the NSPCC sees this sanction applying only to people in positions of responsibility. But how can that be defined fairly in law? Will the new law only apply to the chief executive of a health trust, but not to the finance director or to the head of communications? It would be impossible to define such a law so narrowly. In time it would have to apply to anyone working in any organisation. And, surely it must also apply to anyone who comes into contact with said organisation and who might have heard that a crime has been committed? People often think they “consciously know” something when they have actually only heard it third-hand. If the idea is established that failure to pass on a wild rumour to the police is somehow illegal, it is not difficult to imagine what could go wrong.

[…]

If it is to become a crime to fail to report suspicions that child abuse is taking place, why should the new law not to be extended in time to all other areas of criminal activity? It could become illegal to fail to report to the police if you suspected that a fellow citizen had committed a crime, or might be about to. As someone wise on Twitter put it earlier: the historical precedents of states making it compulsory for citizens to report on their fellow citizens are not encouraging.

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