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Cake day: July 2nd, 2023

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  • This feels like it was not an intended reply to my post as it seems to be dealing with entirely different subject matter , are you sure you are replying to the correct person?

    If your point is that intentionality of harm is required for law to be enacted then that isn’t particularly true either. Things like manslaughter charges exist because intention isn’t always nessisary when determining criminal fault for harm. Negligence, lack of adherence to pre existing law or willful ignorance are still criminal factors… And they have their own individual criminal burdens of proof that must be met to stick a conviction in court.

    It is simply a nature of law that intent is always considered and proof of it is nessisary to bring forth particular types of charges that are weighted more heavily based on proof of premeditated knowledge or intent. Lack of intent does not always mean no damages are criminaly found to be your fault that must be answered for. Law makes allowances in many cases for the potential of the purest of pure accidents.

    However since the UK has hate speech law, libel law and laws against provoking violence or harassment and damages are now measurable the person in the original article can be proven to have violated a law and damages happened as a result meaning that she cannot claim pure accident. Knowingly or not she broke a pre-existing law and people and property was damaged as a result.

    Just like a charge of vehicular manslaughter only really sticks if you were speeding or broke a traffic law. If you are truely blameless and followed all law it is ruled " actions leading to accidental death" which is not a punishable crime. Speeding in a school zone is usually a pretty mild punishment if one is caught doing it and no one gets hurt usually it is a pretty mild fine… But if someone dies as a result of your speeding you go to jail. Same premise here just different laws.


  • Agreed, but you also said :

    I’m okay with this phrase except for the word “intent”. If we give someone the power to try to assess our intent, it can easily go the way of totalitarian states where they say you have a bad intent any time you criticize the government.

    And I am pointing that the power to assess intent is actually a norm in the justice system. Too many people on here are very quick to catastrophize things that are actually very culturally normal and stable in systems of law. Your point is not the same one I was making, hence why I referenced your likely intended point in my post.


  • We have always lived with exceptions to freedom of speech. Libel, slander and obscenity law as examples. The sanctity of medical records is another.

    The UK also technically does not and never has had any freedom of speech enshrined in law and the government has always been able to squash print and media publications that post things deemed a danger to security.

    Russia on the other hand holds a constitutional freedom of speech and the press… But will also send you to prison for publishing “LGBTQIA propaganda”

    Americans treat this misplaced concept of freedom of speech as this full access pass as a universal good that is the only thing holding us all back from totalitarian regimes. In reality however speech has both never been totally free even in America as plenty of exceptions have always existed and having those protections is way more optional in other democratic nations then they would believe. It also does not protect from abuse on it’s own.

    Remember that any and all tenants of free speech aren’t nessisarily a universal good. If there are measurable harms being done to people your nation is allowed to carve out an exception. It’s on you to critically evaluate the individual exception for potential issues but not specifically on the basis of a dogmatic adherence to an idea of free speech. Totally free speech itself could actually be harmful to a society and in fact has already proven to be hence libel/slander laws.


  • But all criminal law already has a concept of Mens rea (guilty mind) baked in. The reasonable proving of intentions is nessisary for the severity of the sentencing in almost all cases under review and has been at least as long as anyone here has been alive. It isn’t the sole factor of creating a criminal charge because - as you stated you also need to prove harms but saying people are not punished for intent and treating that as only the tool of strictly authoritarian government is factually untrue.


  • I feel like so much of it comes from really not doing the work to understand. It doesn’t help that With trans issues people get flat out lied to and because there’s nobody on hand to say reality check stuff like : "What the fuck do you mean ‘The uptick of trans men is causing a wave of hysterectomies in a mass sterilization plot’ … one of the largest reason for temporary detransition is for pregnancies. Also STOP TALKING ABOUT PEOPLE LIKE BREEDING STOCK. " You get a rolling problem where the disinformation is layers deep and they only trust the sources who are financially rewarded for saying the bullshit- because they believe so hard that everything is a conspiracy and have this backwards perception that if only a tiny handful of people in a field are saying something that contradicts a varitable mountain of concensus then that thing is automatically somehow more believable…

    I feel like having someone in your family who opens your eyes to the realities because of the immediate demonstratable contradictions of observed reality makes sense. These people caught in transphobialand have by and large been duped. They were ignorant and a bunch of people took advantage of that for financial and political gain. While I can see how not being immediately empathetic isn’t great I dunno if I am as mad when observing from the angle of these people just being kind of dumb enough to be played.


  • I think it’s a lot more black and white being trans than people realize and I have my own pet theories about what gender euphoria /dysphoria is that I observe as being two independent factors.

    Half of the problem I think in reaching people is that the vast majority of cis people don’t have an observed internal gender preference. We are trying to build empathy with something we as trans people assume they have too - but maybe only a small minority of cis people experience it. I don’t think we actually understand cis people, we just assume a bunch of things about them using trans people as a false opposite.

    Thing is… If I am correct, the assumed massive earth shaking regret of what would happen if a cis person went through gender reassignment… Is they might just adapt and be fine.


  • I have pointed out to people before that trans women athletes in practice tend to not outperform all women in the sport. The data we have puts them as no more competitive as women with naturally high testosterone and depending on sport can actually be at a disadvantage…

    But there’s another underlying assumption. You assume your athlete went through masculinizing puberty first and then a female puberty second. If you skip that first step then you don’t see major differences of frame, weight distribution or muscle mass.

    Where this stings is that laws are forcing people to go through that first puberty regardless of the wishes of the paitent, the patients families, the paitents doctors and the concensus of the medical associations of those doctors… And then the government sits back and demonizes those people based on their physicality as a logistical social problem for the rest of their lives and ostracizes them based on this logic.

    Athletes squew young. If you allowed through trans athletes who went through the transition process young enough or looked at sport with trans populations and statistically assessed whether any excessive advantage was afforded and allow in those instances where none was found you could solve for any statistical stand out issues within a decade…

    But no, we are having this inane conversation because it suits some government parties to make people feel that trans people are a threat or a problem that must be stopped and that there is zero reasonable inclusion policies.


  • It isn’t that there’s tons of trans athletes… It’s that even at fairly low levels of sport there are currently more options available to people with disabilities to participate then there are of people of intersex and trans backgrounds. In a lot of cases tracking performances of trans athletes they aren’t dominating. There’s stories of transfem athletes who regularly sit around getting 15th place but after coming in first one time the entire sporting becomes hostile to trans people.

    In civil rights discussions there’s a concept of rights of participation. The concept being that being barred from social, political or recreational spheres creates outsized harms on the ability to make the advantageous connections others are given free access to and creates classes of segregation.

    There’s also a catch 22 situation. If someone opts to go through a trans puberty instead of a natal one there is no meaningful difference to speak of between the physicality of trans athletes and cis ones. If forced to stay inside their original sex segregated sport not only are trans people being being told in no uncertain terms that society does not accept their new status regardless of parity, they essentially become isolated inside the sporting body. Either you have someone whose body is feminine placed in a sport with only cis males to be compared to or you have a masculine body placed inside a group with all cis women and both will be framed out of being taken at all seriously inside the entire body of that sport. A lot of trans people can’t participate in sport not because they aim to be picked for any of the social leg ups excellence in sport provides… But for any of the regular benefits of just participating.

    It creates a fair sting to have a government force your choice of initial puberty that neither you or your doctors and parents thought was a good idea… and then sit back and watch the rest of society constantly punish and isolate you for going through that puberty by then treating you as a logistical social problem for the rest of your life.



  • You are halfway there. Those examples you gave define constructs but a lot of these things are not what philosophy uses to define social constructs. Scientific taxonomy constructs and linguistic constructs are things but they are fairly useless in discussion surrounding social constructs because while different cultures might draw the line differently around what exactly constitutes a “chair” vs say a “stool” or some such that’s more of just a linguistic boundry. Its basically always a thing you sit on.

    Philosophy uses a bunch of different ideas labeled as different forms of construct to break down the idea of how different types of categorization or subjection happen… but when they start talking about “social” constructs they are specifically talking about categories of human interactions with something that have incredibly variable different potential contexts based on culture. It also requires things which are included or excluded from those category for not entirely practical reasons. Philosophy uses this to talk about how social categories are subjective creating or allieving tension between different cultural groups.

    Food is actually a good example. There are a lot of things culturally considered food and non food items despite those items all having nutritional value and being safe to consume. In our increasingly cosmopolitan world a lot of expansion has happened to increase the size of the category. Like raw fish was not considered a food item by a lot of people when and where I was growing up. Now sashimi is everywhere and no one bats an eye. Digging for another example mice are technically edible but even raised and slaughtered cleanly very few would consider them valid as food. Whether what I put on your plate is deemed an disgusting insult or a delicious delicacy is really in the eye of the beholder and has caused a number of historical diplomatic and cultural issues around other cultures veiwing each other as inferior.

    Just because something is a construct does not automatically make it a social construct.


  • Food is a social construct. For a social construct to exist you have to have a social category with shifting goalposts based on different context and cultural factors that are not rigidly defined. Like “Fat” - what is considered fat for a person is based on context. A supermodel is fat for being 5’9 and 145lbs but we would call a constructiom labourer skinny as fuck at those same dimensions. Each culture constructs it’s own version of what defines “fat” which is different and distinct from something than the medical guidelines for obesity or an expectation of reasonable health. “Fat” is in the eye of the beholder and represents overlapping cultural circles with varying degrees of consideration of what is excluded from the category.

    The scientific concept of nutritional substance is not how we always define “food”. Culturally people contest what is considered food vs non food items based on cultural factors. Like eating mice for instance does have nutritional value but there are a lot of people who would contest them as being a valid food item even if they were raised in clean conditions due to cultural adversions. “That isn’t food.” has been uttered in all sincerity by people encountering strange delicacies that their culture has taboos against eating beliving it dangerous, unpleasant or just categorically not something intended to be eaten. Thus “food” would be in part a sociologically constructed category.


  • Canadian here, we don’t do that either. Primaries is one of the many additional structural barriers to representive voting being adopted in the US and a step away from having more than two parties in their system. It also increases the campaign costs for candidates and exacerbates the issues with first past the post voting meaning running people becomes an exclusive exercise for the wealthy or people with wealthy patrons who make handshake agreements.

    As I understand it, Instead of having parties internally figure out who they are running on the docket as party head like sane people they open it up to basically a second first past the post election of internal candidates. You register as a member of those parties when you register to vote to participate (or not) in the election before the actual election. Personally to one outside that system that just seems like an additional bundle of problems to deal with by doubling down an already outdated voting system that creates further issues of populism but some Americans are very fond of archaic systems. You know something something founders of our nation blah blah can’t change anything our fathers who art in 6ft of dirt didn’t personally come up with blah.

    Forgive my glibness. Being a neighbour is hard sometimes.


  • As a Socialist that subscribes more to the historical strain of Saint Simone and Robert Owen that broke out and away early from Marxism to become the Chartist movement and the history of American non-Marxist socialism … I am often tired of how one note Tankies are. They seem obsessed with a sort of internal purity which denies a rich history of socialism other than Marx and Engles. Once one of them goes off about Stalinism or Maoism I basically just disengage because at that point they are basically so enamored with the aesthetics of communism that they aren’t going to be listening to anything. They want to be devout to the ideology while whitewashing the bloodstains of past failures. I understand a collectivist mindset is more or less what Marx aims to cultivate in his work but it seems often at the cost of tolerance of any level of apostasy.

    The flattening of a mass of political thought into cardboard cuttouts to snipe at and sneering at the range of Socialism hybrids with No True Scotsman flavour condescension as political ideologies simply not complete worldviews in their own right has got me rather depressed in dealing with the average Communist on here. People in general often just seem to want to find something simple and easy to hate.




  • There is a considerable overlap between misandry and misogyny. Things like gendered participation in society like a mens only draft is misogynistic because it posits that only men are of value in combat wartime defense but the issue does get muddier. Consider also alot of organized resistance to the draft for all American conflicts after WWII were actively participated in by women even though they were not directly effected. A lot of the social resistance to the conflict was female coded imploring to think in terms of social losses of sons, brothers and husbands in a plea to make men more humanized. The topic of having a draft at all regardless of whether it only effects men is generally unpopular demographically with women as a whole usually because they care directly for the welfare of men they know. So using that as any kind of “gotcha” isn’t going to be recieved well.

    Misandry as an issue is tied into gender politics in a weird way. It pushes aptitude for being capable of dangerous work and disruptive classroom behaviours as a masculine trait… But the buy in comes from all sides. A lot of the victims of heavy misandry are queer and gender non-conforming youth and guys who are told they are too emotional, quiet and cautious. The whole “alpha male” discussion for instance is peak misandry. Take other issues of gender bias is court custody cases that tend to paint men as victims of gendered bias but less than 1/3 of judges are female and there is evidence that gender bias cuts both ways regardless of the judge so while there are definitely things female judges should consider they are not the majority that needs to be spoken to.

    On a lot of misandry related issues “the call is coming from within the house”. Should we be looking at laws to combat misandry? Yes. Would these initiatives likely just be ultimately termed “woke feminizing indoctrination” by the right and be ridiculously unpopular with men demographically as a whole - also yes. Misandry comes in a lot of flavors not just the kind that comes in the forms disliked by “manly” men.

    As a discussion point we as a society are in the infant stages of concensus on misandry. At the beginnings of the feminist movement a lot of misogyny came from inside the house too. Women were looking at other women with disgust at them being loud and brash and “man like”. Treating their desire for expanded social roles as an affront to the delicate nature of correct womanhood and saying nonsense like “what man would ever want you” or claiming that behaving like men would impact their fertility. That’s basically the genderflipped version of where we are now with a lot of men actually being quite on board with a lot of misandry.


  • Technically speaking the laws mostly already existed for everyone but since they were buried in disparate bills it wasn’t well known about or spotty in enforcement. This is more just improved codification rather than a lot of new laws.

    So be assured all those death and rape threats, criminal damage and abuse based on sex are still a crime to do to men.

    Getting an appropriate Misandry law on the books might not be terribly popular though since a lot of masculine folk themselves look at misandry as being just “apex manhood” and have bought into it wholesale. They probably wouldn’t thank you and would react poorly if you showed them the full scope of what counts.

    The conversation around misogyny has reached a point of reasonable concensus regarding what counts and it’s damages. Misandry as a concensus needs a few more years in the oven as the center is still soft.


  • Honestly that some are capable is uplifting…just not in the way you’re thinking.

    I got lucky, my family never cared about me being anything specific so my social transition was the dream of minor annoyances while they had to overwrite a lifetime of conditioning of what they called me… But I have other trans friends who are clinging to the bricks by their nails because their parents think they are possessed by demons or “Don’t want to deepen their mental illness by playing along” So many parents demand absolute piety and there is something inside us damaged irreparably when they withhold their love.

    I get to be strong because I am cherished by my people. To see people weakened for the lack of something I am given so freely is to know that I am not just lucky. It is to know exactly how much I owe to circumstance. Many of those who starve for acceptance see people like this and while the bitter see the nearsightedness… The dreamer dreams that it is possible one day it could happen to them because people who actually changed when it is their kid are rarer than you could hope.



  • Oh no… She doesn’t like any of us. The transphobia she levies at FtM is just different. Rowling is notorious for Championing the works of Abagail Shrier who is famous for her work trumpeting the very discredited but viral “social contagion” theory that frames trans men and non binary trans masc people as being misguided lesbians and women fleeing from misogyny who spread transness to their friends who need to be protected from making terrible decisions and undermining the worth of femininity.

    Transphobia is best described as framing trans people as a problem for other people. Naturally the problem framed is different for the two groups. In this instance trans men are still framed as being dangerous but rather dangerous by association

    "If we let them exist then they will tempt our perfectly healthy daughters into pursuing surgeries to make themselves into sterile parodies of men! We must stop them! Save the children! " Clutch pearls, repeat.