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[personal profile] andrewducker

Date: 2010-07-21 11:17 am (UTC)
From: [identity profile] major-clanger.livejournal.com
And this is one of the reasons I suggest that those of my friends who advocate Scottish independence think carefully. Do they really want to be governed by a coalition of humourless hard-line socialists who search out and suppress any evidence of enjoyment and humourless religious conservatives who search out and suppress any evidence of enjoyment? Because that's my take on the strange cross-party undercurrent of Puritanism that runs through much of Scottish politics.

Date: 2010-07-23 06:19 am (UTC)
zz: (Default)
From: [personal profile] zz
Reading some more of the bill, there's a similar provision to the israeli lying-is-rape thing too.
consent is void if:
"(f) where B agrees or submits to the conduct because A induces B to agree or submit to the conduct by impersonating a person known personally to B, or"

wtf?

i'm also wondering what "recklessly" means in all of those definitions. apart from it seeming like it's criminalising clumsiness, how exactly does one "recklessly [touch] the vagina, anus or penis [with one's] mouth" as opposed to intentionally?

Date: 2010-07-23 06:30 am (UTC)
From: [identity profile] major-clanger.livejournal.com
It's always been rape (certainly in England, I don't know about Scotland) if sex happens because A impersonates someone B is already having sex with. It's a bit different from the Israeli case, because with actual impersonation what is happening is that the victim's implied consent is being abused. (And if you don't believe it can happen, see the infamous case of R v Collins*).

The Israeli case is troubling because it's not a case of pretending to be someone who already has implied consent to sex, but of pretending to be someone so as to get consent in the first place, which is a much murkier and more dubious issue.

I imagine the 'reckless' point is to deal with attempted defences such as 'it was heavy petting and I accidentally went past second base'.

*Exactly which part of Mr Collins may have been technically inside the bedroom is a topic of much ribald speculation among law students introduced to this case.

Date: 2010-07-21 11:21 am (UTC)
From: [identity profile] momentsmusicaux.livejournal.com
Edinburgh rents aren't helped by buyers snapping up the slightly cheaper HMOs and reconverting them to private residences... ho hum...

Date: 2010-07-21 12:12 pm (UTC)
From: [identity profile] call-waiting.livejournal.com
Well, if Northern Rock let me rent out the flat, then higher rents is good news for me. Which would somewhat offset the crappy news of the complete inability to sell my flat I've been encountering. Hey ho.

Date: 2010-07-21 11:24 am (UTC)
From: [identity profile] spacelem.livejournal.com
Entanglement seems pretty fun! I just scored 89.

Date: 2010-07-21 11:27 am (UTC)
From: [identity profile] bracknellexile.livejournal.com
99! All the tiles bar one - which is incredibly frustrating :)

Date: 2010-07-21 11:54 am (UTC)
From: [identity profile] spacelem.livejournal.com
107, all tiles bar one. I could keep this up all day! (must... work... ngg!)

Date: 2010-07-22 03:17 pm (UTC)
From: [identity profile] bracknellexile.livejournal.com
111. There goes another teabreak...

Date: 2010-07-23 08:18 am (UTC)
From: [identity profile] spacelem.livejournal.com
It looks like my 99 was a lucky shot. The closest I've got since then is 64 :P

Date: 2010-07-21 12:28 pm (UTC)
From: [identity profile] joexnz.livejournal.com
screenwriter

rofl

Date: 2010-07-21 05:40 pm (UTC)
From: [identity profile] usmu.livejournal.com
I second this notion

Date: 2010-07-21 01:28 pm (UTC)
From: [identity profile] ashfae.livejournal.com
I had two marriage ceremonies, one civil and one full-out wedding. They were very different in a whole myriad of ways ranging from the blatant to the subtle, and the experience of being married too. Civil partnerships and marriages are pretty damn different critters.

AUGH I want more resolution for the screenwriter story. AUGH. What a well-written thing.

*really dislikes the SNP*

Date: 2010-07-21 04:30 pm (UTC)
From: [identity profile] henriksdal.livejournal.com
rules of conversation - like lots of things I think I learned this via how to be a good date, but soon realised, like most things about being a good date, you should just apply it to everything - i.e. if you want to be a good date, listen, ask her questions, be interested, show interest. That makes you a good date. You can also do this with people you aren't trying to score with, and it makes you a nice person to talk to.

I don't know if I always succeed at this however..

Date: 2010-07-21 05:39 pm (UTC)
From: [identity profile] usmu.livejournal.com
Concerning Why not censorship:

The funny thing for me is that the writer of the piece undermines her own argument. She's for banning trolls: "That someone has a right to say whatever they want doesn't mean they're entitled to an audience. No one has a right to commandeer this audience that Jesse, Pam, and I (and our gracious commenting community) built up to have certain discussions. We're no more obligated to print some troll's nonsense than Random House is obliged to publish it."

This argument could be used to provide a similar argument for large scale censorship. Change "this audience" with society and "Jesse, Pam, and I" with government, or other forms of community and or power structures and there you have it. Typical case of having your cake and eating it.

Date: 2010-07-21 07:42 pm (UTC)
From: [identity profile] usmu.livejournal.com
To quote the author: "That someone has a right to say whatever they want doesn't mean they're entitled to an audience." I fail to see why this differs solely based on the number of people involved in a given entity.

We already have curtailed freedom of speech in the form of libel and slander laws and nobody sees this as an issue. If other subjects can be agreed on (to a certain, big enough degree), why not do likewise and ban them? We can all think what we want, but that doesn't mean you should automatically be able to say anything you want. Some ideas are dangerous. Some for society in general, like anti-democratic political systems and some for groups of people or individuals, like racism. Why not protect society from them?

An analogy: we agreed that people driving a car should drive a certain speed given certain circumstances because of safety concerns. This doesn't stop people from feeling that speed should be faster. This is open to debate and is often debated. The law has changed and can be changed. Of course it doesn't stop some people from speeding, but it might do for a group of people who don't want to be fined. By reaching these people we make the roads safer for all of us.

Date: 2010-07-21 08:12 pm (UTC)
From: [identity profile] usmu.livejournal.com
Why? We protect our bodies from certain types of physical harm, so why not our minds from harmful ideas?

Date: 2010-07-22 09:14 am (UTC)
From: [identity profile] broin.livejournal.com
Seen Inception yet? =)

Date: 2010-07-22 09:20 am (UTC)
From: [identity profile] broin.livejournal.com
That's fair! I was just thinking in terms of dangerous ideas.

Date: 2010-07-22 09:58 am (UTC)
From: [identity profile] broin.livejournal.com
Well, I'll get back to you when that is an issue. Next year, probably.

Date: 2010-07-22 10:54 am (UTC)
From: [identity profile] usmu.livejournal.com
Even if these ideas, like fascism or religion will lead to the abolition of free speech if they gain enough traction? Out arguing these ideas has not (always) proven to be effectual. Unfortunately people have a tendency to hold on to believes / ideas that when confronted with evidence to the contrary.

Date: 2010-07-22 03:15 pm (UTC)
From: [identity profile] usmu.livejournal.com
The problem is that, specially looking at religion, it's better at oppressing free speech than free speech is combating the fallacies that lie at its heart. It's purpose build for that.

Now I'm not saying you should outright ban religion and be done with it. You should try to out argue something first, and if you get in serious trouble you might consider a form of censorship. They're not mutually exclusive. What censorship gives you, that arguing doesn't, is a tool to fight something that otherwise would have nasty consequences.

It's like taking care of your health. You try to live a healthy lifestyle, exercise and get your shots. But if you become ill anyway you take pills to get better. Arguing is a healthy lifestyle, but you might get ill anyway. You'll need to something when you do, and that might be to censor something.

Date: 2010-07-22 03:38 pm (UTC)
From: [identity profile] usmu.livejournal.com
Clearly not true. Look around you and you'll see less and less religion, and more and more free speech. I think it's obvious which one is winning.

Maybe in Western Europe. Religion is still huge in the USA, South America and Africa. People here tend to forget we're living in a part of the world that's the exception rather than the rule when it comes to religion. And even here it's still a problem, at the least occasionally. The orange marches in Ireland tend to be rather festive to say the least.

And don't get me wrong I'm not saying we should ban x, y or z right now. But I don't think an outright dismissal is the right way to go either. I think in some cases it can be a valid option and should be treated as such. There's enough reason to do so.


Date: 2010-07-22 05:14 pm (UTC)
From: [identity profile] usmu.livejournal.com
For me it all boils down to a rather interesting problem. If you want to protect something, you'll eventually have to use its opposite to do so. If you don't you'll lose whatever you're trying to protect. And that loss is even worse. That doesn't mean you don't have to be very careful about what you do, as always, but at some point it might need doing IMHO. We'll have to agree to disagree.

Date: 2010-07-22 05:38 pm (UTC)
From: [identity profile] usmu.livejournal.com
It's interesting though. And as far as philosophical concepts goes it's true though: prepare for war if you want peace, that kind of stuff. But that's a whole different topic. :)

Date: 2010-07-21 07:27 pm (UTC)
From: [identity profile] anton-p-nym.livejournal.com
Your definition of censorship is so broad in the above that it would apply to cleaning off graffiti from the side of your house. I don't think that anyone would find such a broad definition useful or desirable.

The difference is that the blog is a privately held entity. They can (and should) choose what can go there and what is unacceptable; they're not censoring someone when they remove an animated goatse gif or ban a troll from the comments. Mr. Gif and Mr. Troll are perfectly free to find their own venues to publish, elsewhere.

Censorship isn't someone refusing to publish a work, but rather someone being forbidden to publish a work.

-- Steve also sees the above making ejecting trespassers or lodging noise complaints into forms of censorship, which stretches the term into meaninglessness.

Date: 2010-07-21 08:08 pm (UTC)
From: [identity profile] usmu.livejournal.com
They're deleting content from their blog. People who have fulfilled the criteria to post a comment, namely register, are stopped from doing what other people who have done the same, are doing. Posting a comment. Even more so: blogs often state that they will not tolerate racism etc. They forbid people to post certain comments. How is this not censorship?

They limit other people's free speech in order to protect their own. This is generally speaking seen as perfectly ok. You seem to think it is. So what's the difference with society in general that makes this ok, and other forms not? Why does it matter if it's a privately held entity? Don't we all own society together?

If we do, all the people who make up society can together decide what to ban or not to ban. We already have in the form of libel and slander laws. We don't have a problem with that. We could do similar things with other categories if we can more or less agree on doing so.

If they decide to ban something, Mr. Gif and Mr. Troll always have a choice. Don't do the crime, or do the time if you get caught. This is what happens at any blog as well. Either they don't post because they know their comment will be removed, or they post and it gets removed.

Date: 2010-07-21 10:12 pm (UTC)
From: [identity profile] interactiveleaf.livejournal.com
Even more so: blogs often state that they will not tolerate racism etc. [...] How is this not censorship?

Well, it is, of course. And so what? Where did you get the idea that all censorship is bad?

Date: 2010-07-22 07:58 am (UTC)
From: [identity profile] usmu.livejournal.com
That's the whole thing. I don't think that. And that's what I'm arguing. People on the one hand condone certain kinds of censorship while claiming to be hard line free speech advocates. So if the one is ok and the other not, they need to explain how they can clain to be so.

Date: 2010-07-22 01:27 am (UTC)
From: [identity profile] anton-p-nym.livejournal.com
*sigh* That word, you keep using it. I do not think it means what you think it means.

-- Steve deleted a couple of tries at explaining, and one of summing up, before deciding to save what ravelled wits remaining to him.

Date: 2010-07-22 08:10 am (UTC)
From: [identity profile] usmu.livejournal.com
Here:s what I'm working with

Censorship: the limiting of free speech.
Free speech: the expression of ideas through any form of communication by a given entity.

Date: 2010-07-22 02:18 pm (UTC)
From: [identity profile] anton-p-nym.livejournal.com
By your definition, you would be censoring me should I write "dirty, dirty" with my fingertip in the dust on your car and you wash your car at any time thereafter. Your definitions are excessively broad, to the point of becoming meaningless.

-- Steve can define "food" as "stuff you put in your mouth", but that doesn't make pens, air, thumbs, cigarettes, and genitalia provide sustenance.

Date: 2010-07-22 03:05 pm (UTC)
From: [identity profile] usmu.livejournal.com
For anything to be a proper definition it needs to meet two criteria:
1) it must include everything of the thing you want to define
2) it must exclude everything not of the thing you want to define

Your definition of food does not meet the second criteria. I don't think my definition of censorship has a similar problem.

As to it being broad... Censorship is not a large single homogeneous entity, but a building made up of bricks. Person vs person - Group vs. person - Group vs. Group, but to name a few. Some bricks that are very bad, some mildly so and some pretty much harmless. For me the point is recognizing that, describing the different kinds of censorship and discussing whether they serve a genuine purpose ar not. A

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