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When dealing with questions of punishment, we always have to confront the problem of how the authority figure's prosocial motivations can be disentangled from the pleasure he gets from enacting the punishment itself. Can they even be disentangled? Is it possible that they're always one and the same?
For the suburban Karen who calls CPS because her neighbors let their son ride his bike without a helmet, the wellbeing of the child is of secondary importance at best. Her primary motivation is the feeling of power she derives from being able to commandeer an instrument of state violence.
In your case, the violence is not even mediated through the state, but is dished out by the man's own hands, "with a good conscience" -- this makes the charm all the more seductive. Are we to suppose that the man is not secretly, or not-so-secretly, hoping that his wife will someday commit a transgression which merits some familial intervention? An "evolutionary genealogy" of such a system might reveal that its primary and originary purpose was as a system of ritualized violence, with its usage as an instrument of "justice" being vestigial or epiphenomenal.
There are no pure assertions of "negative" restrictions on rights -- there are only positive assertions of rights. "You should not have the right to do X" can be rewritten as "I should have the right to punish you for doing X". Or, more explicitly: "I want the right to punish you for doing X".
And people still wonder why feminists get up in arms over the concept of "traditional family structures". In the system thus described, is it ever the wife who beats the husband for his transgressions? She can try, and she may even have the support of the community on her side, but due to physical asymmetry, it's unlikely to end well for her. She can get male relatives to do it for her; but the prerogative of deriving full enjoyment from the act of punishment remains with the man. That hardly seems fair.
Why would you think anyone enjoys his wife committing serious and stupid transgressions like this? I mean I suppose itβs possible, but the default assumption is not that.
The long answer would involve starting here.
The short answer is that I didn't say that, under self_made's described social system, the man would enjoy his wife's transgression per se, but rather that the feeling of power he derives from exercising his authority over those who have transgressed offers something to enjoy.
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I think this is a bit confusingly written. There are three possible states here:
The way you phrased the above implies that 3 and 2 are equivalent, while I don't think they are.
Free speech (in America) falls under 1, murder falls under 2, while something like "paint your house vibrant pink" falls under 3. In theory, you are not allowed to enter into an arrangement where your right to free speech is abridged(1), you are forbidden from entering into an arrangement where you are allowed to murder someone(2), and you are free to enter into an arrangement where your ability to paint your house is denied (HOA).
(1) The reality on the ground may differ from the ideal.
(2) Soldiers and police officers aside.
This post's conversation also reminds me of first amendment auditors who go to public places and record everything and everyone around them because they're not legally in the wrong. They operate under the guise of protecting the first amendment, but this (as Primaprimaprima put it when describing Karens) is of secondary importance. Their real motivation is to create a reaction that they can capture and record, then post on their YouTube page.
The extent to which these people who aren't "technically" wrong corrode the cohesiveness of our society can't really be quantified in real time. I think a lot of us just understand that it is bad and that it will have future implications. Normal people recognize the problem as well, but there is no way to say "no" with any real force unless a law is broken. An atomized society has nothing but the law to truly dictate behavior, but more laws ultimately lead to less freedom. Informal resolutions while they can be deeply satisfying also carry the potential for overreaction or being too heavy-handed.
When it comes to feminists bitching about family structure, they're just trying to ensure they maintain as much social power and freedom as possible, and, since the receipts of "family structure" abuses are readily available, they constantly point to them to beat back the opposition. What makes them even more powerful is the online presence of women, especially neurotic ones, who will collectively treat any issue they're arguing for as if it's the most morally important problem of our time. These women are numerous, and passionate, and hysterical. The only real recourse seems to be one where society collects the receipts of unchecked feminism and pluralism. Unfortunately, it will have to run its course and we will have to continue to watch people be as annoying and as immoral and as disgusting as possible while still not being "technically" wrong.
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You can absolutely enter into agreements that restrict the 1st amendment right to free speech, NDAs, trade secrets, non disparagement clauses, even just normal character clauses in a contract restrict your right to free speech.
The first amendment protects from the government, it does not protect from private contract law.
Perhaps "You can't sell yourself into slavery" would be a better example here.
I mean those are just completely different things.
In theory (if not usually in practice) one could have the right to free speech and free exercise of religion but not the right to freely move, choose one's own work, or make other contracts on one's own behalf.
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