QUOTE(Abs like Jesus @ Aug 24 2003, 09:54 PM)
There are enough people who find circumcisions, body piercing, tattoos, and sodomy between consenting adults disgusting. Should each of these groups be allowed to prohibit by law these activities simply because they find them disagreeable?
Abs - As far as I am aware, there are plenty of people who think that female circumcision is an acceptable practice. That does not, however, prevent the "disgust" of Western society at the idea of female genital mutilation from legislating against it. We have found many other arguments (mutilation; lack of consent; impairment fo female sexual response; possible infection; etc.) as to why our "disgust" is rational.
The same arguments would also be applicable to routine male circumcision, yet we do not find it "disgusting" as a society (any more than the largely African cultures that practice female cicumcision find
thatdisgusting) and so we choose to view it with indifference (in the UK, where male circumcision is uncommon) or mild approval (as in the USA, where it is common).
If a strict libertarian interpretation can find male circumcision acceptable, why does it not find female circumcision acceptable? (I am assuming that libertarians to not generally approve of clitoridectomy without anaesthesia or, often, asepis.) While one is certainly more extreme than the other, they are both similar in character, both in their effects on individuals, and in the way they are viewed by the societies that approve or dissaprove of them.
My point is that libertarianism, like all other political philosophies, is useful up to a point, but is not universally applicable. If it were, then we would judge each act of paedophilia on it's merits to establish whether the child is capable of giving consent, as we do with adult rape cases, rather than apply a blanket assumption that children below a certain age cannot ever give consent to sex.
A particularly precocious four year old might be able to initiate sexual contact with an adult, and might know perfectly well what it is doing. A purely libertarian point of view would allow such sexual contact as taking place between two sexual parties. But in reality sexual precocity in a child - "they were asking for it" - may qualify as justification within the mind of a paedophile, but it is taken to be evidence of the deviance of the "abuser" (or "child lover" if we are to stick with the "misunderstood and maligned minority" standpoint that leads us to mealy mouth our way to "animal lovers").
As you and others have frequently pointed out, children below the age of consent are assumed in law to be legally incompetent - they
cannot give their consent. Animals have no minds (that we know of, and certainly not in law), and so they cannot give their consent either. In children, consent is presumed to be withheld, and (following your argument) in animals it is presumed to be given, even though neither children nor animals can give their consent in law (and usually, in both cases, in reality). The legal treatment of children and animals is not so different - children are "allocated" to divorcing parents as if they are "property" to be shared (equally or otherwise). There may be some post-justification about child welfare (which may or may not be actually at risk), but essentially the transaction is one of property.
Why, then, is a frisky terrier (considered property and considered not capable of giving legal or actual consent to sex) get to be "loved", but a flirtatious pre-pubescent confused by the divorce of their parents (who is also considered as property in the divorce transaction, and who is also legally and actually incapable of sexual consent) can only be abused? Is it a purely species-specific transaction?
NB Readers joining this thread on recent pages should be aware that I am arguing not for the legalisation of child abuse, but that pure libertarianism has useful but
limited application in such areas, that if "animal love" were to be allowed in all circumstances it could be used as a precedent by campaigners for the decriminalisation of sex with children (an extrapolation I view as more concerning and less unlikely than the banning of meat eating by the likes of PETA), and that public disgust
does have a role in legislature - if only to tone down it's worst excesses.
Also, I take the admonishment on the chin over "lowering the tone", which is what I read from
Nighttimer's critical post a few pages ago. Sorry for any
unintended offence caused. (A fine but necessary distinction, I think. I don't really care what any real life "animal lovers" thought about it. The hot shame of my ridicule is the least of their worries. Baaaa.

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