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In today's "old man yelling at clouds" news, it appears that leftist memes (e.g. on imgur) have taken to calling Trump a pedophile due to his connection with Epstein.
As someone who does not give a damn about Trump, but who cares about the language we use to describe reality, I want to object.
A pedophile, in my book, is someone who is sexually attracted to pre-pubescent kids. Often, the term might imply exclusive pedophilia, e.g. someone who is only attracted to pre-pubescent kids. This seems like the worst sexual attraction card to be dealt, while being straight, gay, bisexual, into MILFs, or into BDSM, or most other kinks means you have a decent chance of getting laid, the lack of adults who could pass as pre-pubescent means that there are no sex partners who could consent. If used as an insult, the unfortunate implication is that people are morally responsible for their sexual inclinations.
Naturally, there is an overlap with people who end up molesting children, which is rightfully considered a serious crime. It bears saying that a significant fraction of child molesters are not exclusive pedophiles but just men (mostly) with broader sexualities who use the opportunity of the power discrepancy between kids and adults.
In general, I think that power discrepancy is why we have age of consent laws. Using the age is obviously a crude approximation, I can think of situations where a 15yo having sex with an 18yo would not be problematic from a power discrepancy point of view, and also of situations where two 18yo having sex would be problematic from a power discrepancy view without being criminal. But still, one has to draw the line somewhere, and age is at least something which can reasonably be verified, while "would a judge like the power dynamics in that relationship?" is much more diffuse.
If we tie consent to age, then it makes sense to dis-emphasize physical development. After all, a woman consents with her brain, not her boobs. It might certainly make a difference if the defendant claims he was mistaken about her age or that she was the one who initiated sex (not that either defense would help much, likely).
To get back to Trump, I think it is pretty clear that he is not an exclusive pedophile. That guy paid for sex with Stormy Daniels, hosted beauty pageants and boasted about grabbing post-pubescent participants "by the pussy". Based on the women he married, "small and flat-chested" does not really seem to be his type.
He is also a sex pest. I can not imagine him going "Dear Jeffrey, this is very flattering, but I do not think it is appropriate. Look at that poor girl. She is a minor who possibly did not have a clear idea that she would be expected to do sex work here and is effectively trapped alone on an island with some very powerful people. Besides her being below the age of consent, this whole setting is intrinsically coercive. If you want me to fuck someone, please get an experienced sex worker of legal age for my next visit." Instead, he probably went "great, I will take the one with the bigger tits" and committed a particularly vile act of statutory rape.
From a culture war point of view, I can see why the left is pushing the pedo angle. It basically comes from qanon, where "oh, did I mention they also rape kids" was used as a boo light to drive home the fact that these were Bad people. MAGA pattern-matched Epstein to this, which was fair enough. Now that it looks like Trump might have been a visitor to Epstein's Island, the likely factually accurate claim "Trump is a sex pest who has no conception of consent and will happily commit statutory rape" is not going to do much damage. The American people have known that he is a sex pest with no conception of consent since 2016, and in their heart of hearts they also know that someone who is generally loose on consent will also not be a stickler for the rules as far as age of consent is concerned. By contrast, going "that pedophile world-controlling elite you were always talking about? Trump is their chairman!", or more shortly "Trump is pedophile" is obviously superior as an attack in the CW.
Still, a lot of epistemic commons are burned in the process, and I really don't like that.
Okay, second thread of thought, separate from the Trump issue below:
I'm never a fan of the 'power discrepancy' argument since 'power' is usually very hard to define in tangible terms. We know it when we see it, sure, but it comes in different forms. The person who holds financial power might not be the 'more powerful' person in a confrontation where the other party holds... a gun.
"Coercion" is a more tightly defined, and the law has pretty decent standards for recognizing where coercion has occurred. Power can be used to coerce, but it can also be used to 'persuade' in the literal "convince someone that it is good/right for them do to the thing" definition.
Should we differentiate between a rich/powerful guy saying "If you don't sleep with me I will make your life a living hell" vs. saying "If you sleep with me I'll give you a ride in my private jet"? Probably. Either one is the result of a 'power' imbalance.
And, finally, the existence of statutory rape laws can, arguably, invert that power dynamic, rather than eliminate it! A particularly sociopathic 15-17 year old can tell someone slightly older than themselves "Sleep with me/give me money or I will tell the cops you raped me."
I don't think that's a common situation, but you see the point, if we're worried about power imbalances it doesn't do to just hand more power to the alleged less powerful person in this situation.
What's my solution? Bring back literal rites of passage rather than tying things to a strict age-based formula.
Philosophically and psychologically, 'consent' is based on state of mind and understanding of the acts in question, age is only very loosely correlated with those factors. And we have the ability to measure those factors more directly. So why use the less reliable metric that is constantly being gamed anyway.
So I see the "what should age of consent be?" debates as a massive red herring. Understandable one since its the standard in place now. Yet everyone has secondary motives for what they'd prefer the age be. And there legitimately is NOT some 'one size fits all' answer!!
Just cut through that stupid knot and tie legal adulthood to some test or other obstacle that a young person must clear before they're recognized as full adults. Some will pass the test at age 15, some at 18, some at 25, and some never at all.
So basically, maturity. That’s what I think at least you and I agree is more accurate than power in terms of what’s ickier. An immature child really doesn’t fully understand decision making, and sex is a big thing. An immature child is more persuadable and doesn’t have as firm boundaries. An immature child is more likely to have their sexual development harmed by unhealthy dynamics or acts. (And by the way most states already have a patchwork of laws and norms of enforcement that cover the gradients in age with some granularity, though it can be jagged in some areas).
But if you want something other than age, which is a good proxy for maturity but not perfect, I think it’s incumbent upon you to provide some test of maturity that would work. I am not sure I could think of one. Most historical rituals I’m aware of were in fact age based and were more symbolic in many cases than practical. EDIT: strike this paragraph. I didn’t check the link, looks like you have played with it a bit. But I will still say that historical precedent doesn’t seem that helpful.
Bingo.
Double bingo. A person that doesn't fully grok that sex makes babies, what STDs are, and the other more subtle risks to intercourse with another person is, definitionally, less capable of consenting to it.
Of course, this puts the onus on the MORE MATURE person to NOT initiate the sexual relationship when they realize the other side isn't really ready.
I would be fine with a test in the same vein as that given to teens who want to get their driver's license.
A comprehensive exam that tests, for example, if a person REALLY understands the implications of a sexual relationship. Not on like a deep scientific level, mind, but at least the "ins and outs" (pun intended).
This means that young people can in fact study and prepare for the test, which is a GOOD THING, since it encourages them to learn the necessary information that will prepare them for adulthood. I would also include testing for, say, contractual rights. Maybe someone can't be give student loans unless they can prove they know how compound interest works!
Of course we'd have to have significant anti-cheat measures in place. Which is why I really would prefer there to be some 'objective' "test of willpower" element involved. If you force them to endure some sort of uncomfortable experience without giving in to temptation or dropping out before the finish, its MUCH harder to rig the system.
Yes, this could be the literal equivalent of The Gom Jabbar (but with less severe consequences). If you can't endure a couple minutes of excruciating (but not injurious) pain... I DARESAY you probably aren't 'mature' enough to handle real life. Note that this is LITERALLY how some traditional tribes do it.
I would like to couple that with a requirement that someone, ideally their parents, sponsor them for the test, in the sense that they're affirming "yes, this person is ready for adulthood, and if they screw up I am prepared to help accept the consequences for promoting them too early." So for the next, I dunno, 3 years if they screw up somehow the sponsor is also on the hook for helping fix it.
One problem with that is that some people are born with high pain tolerance and would be able to pass such a test well before they are even close to mental maturity, while others are born with low pain tolerance and could not pass such a test at any age despite having far better judgement than the former.
(Another issue is that the entire point of improving society is to reduce the amount of human suffering [some would include animal suffering in this] in the world, and such measures would be a gigantic step backwards for very uncertain, if any, benefit.)
Edit: Would a society, which officially considers those with lower pain tolerance to be lesser, be willing to offer a child undergoing chirurgery for a malfunctioning gallbladder pain management beyond 'bite the leather strap'?
Specifically, this makes women legally children again.
Turns, stares directly into the camera.
I mean IF THE SHOE FITS.
If we're building our notion of consent from a starting point that assumes/accepts that men and women are generally different, this would probably inform many other ways in which we arrange society.
And the thing about children, at least the law attempts to protect them from exploitation.
Consider, math is the one subject that women haven't caught up with men in despite best efforts over DECADES.
Consider Women hold the majority of student loan debt.
And they pay if off slower than men in general.
If it turns out that a lot of women didn't understand compound interest and the actual implications of accepting loans when they signed up, I would 100% be in favor of releasing them from their loans and making the lenders eat it, b/c there was no true 'meeting of the minds' at the time the loans were incurred.
Under my proposed regime, banks could be forced to write off debts made to any persons who didn't pass the 'maturity test' that showed they actually understand how money and interest actually works, if said person defaults on their loan. No actual consent = no enforceable contract. So banks would prefer to lend to 'mature' individuals.
"But that means women aren't able to attend university as easily!"
Maybe a good thing. But the obvious solution is that they can get someone who does pass the maturity test, maybe their parents... maybe their husband to Co-sign a loan. If they think its a good idea.
Isn't that BETTER than saddling them with a debt they'll quite possibly be stuck with forever? Do we PREFER the world where women unknowingly become debt slaves to the one where they have to either actually learn and understand math OR get someone else's help before they can get loaned money?
Student loans in the US are generally simple interest, as long as they are paid on time.
Essentially all loans are simple interest if paid on time. Negative amortisation is a notoriously toxic feature, prudent lenders don't allow it, and regulators generally stop imprudent lenders touching it. Negative amortisation was widely available on secured loans (both home mortgages and corporate loans) in the run-up to 2008, and the consequences were as predicted.
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And yet there's a whole genre of social media post where a loanholder bemoans the fact that making minimum/interest only payments results in the debt increasing/never going down. or doesn't even bother to check.
(some of these might be playing dumb, but I think most are honest).
I'm genuinely uncertain which percentage of loanholders are literally too innumerate to get what interest and debt ARE. Its more than 1%. I'd bet more than 10%, honestly.
You could put the actual amortization table in front of them and it might not click.
Look at how many people who end up on Caleb Hammer's show are women. (yes, selection effects are in play).
You cannot convince me that these folks should have been entrusted with the ability to take out 5 figure loans.
See also: This recent tweet.
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