Register | Sign In


Understanding through Discussion


EvC Forum active members: 64 (9164 total)
8 online now:
Newest Member: ChatGPT
Post Volume: Total: 916,848 Year: 4,105/9,624 Month: 976/974 Week: 303/286 Day: 24/40 Hour: 2/3


Thread  Details

Email This Thread
Newer Topic | Older Topic
  
Author Topic:   Hate Crimes? Thought Crimes? Crimethink?
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


Message 88 of 131 (775525)
01-02-2016 11:51 AM
Reply to: Message 83 by Tangle
01-02-2016 4:21 AM


Hi, Tangle.
Tangle writes:
I think where it has a greater effect is in how likely a crime is to be prosecuted. A punch up outside a pub involving a racial element is more likely to be prosecuted than one between two drunk 'friends'. That's because our society has decided to deal with racism, homophobia and - as it happens, domestic violence - as social priorities.
This is an interesting comment, because I think it highlights the source of the 'slippery slope' paranoia. You're kind of suggesting here that, although it isn't likely that the legal system could ever be used to directly punish 'thought crimes,' there is an underlying process of social engineering in which harboring certain thoughts or opinions can increase one's likelihood of legal scrutiny and punishment.
I can see how that could be a 'slippery slope' toward an overall socio-politico-legal system that feels like it effectively operates on a system of 'thought crimes,' even though it doesn't technically do so. However, is there evidence of such a process? I'm not sure, but I wouldn't be overly surprised if I learned that there was.

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 83 by Tangle, posted 01-02-2016 4:21 AM Tangle has replied

Replies to this message:
 Message 91 by Tangle, posted 01-02-2016 12:33 PM Blue Jay has replied

  
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


Message 114 of 131 (775879)
01-06-2016 11:06 AM
Reply to: Message 91 by Tangle
01-02-2016 12:33 PM


Recent news relevant to this topic?
Hi, Tangle.
Tangle writes:
On the 'slippery slope' front, when hate crime becomes simply talking about disliking gay people in a mild and thoughtful fashion amongst likeminded individuals, causing no disturbance, there might be a point. For as long as it can only be an aggravating factor to a 'real' crime there's no problem.
While I agree that the 'slippery slope' arguments are mostly expressions of a person's paranoia, my mind isn't fully comfortable completely dismissing them yet, so allow me to play devil's advocate for a moment.
Here is a Snopes article on the NYC transgender discrimination guidelines that came out. The claim being evaluated is that you could be fined up to $250,000 for not using the preferred pronoun for a transgendered person.
Of course, that claim was found to be a gross exaggeration, but it does seem like there's an element of the 'slippery slope' that Jon was talking about: for example, wantonly refusing to use a transgendered person's preferred pronoun is actually prosecutable under these new guidelines.
An outside observer could reasonably conclude that this law pretty closely fits the predictions of a 'slippery slope' hypothesis. Of course, the trouble with the 'slippery slope' argument is that the endpoint is more mercurial, so 'slippery slope towards thought crime' is harder to confirm. Still, this law does make me feel a little insecure in my belief that the 'slippery slope' hypothesis is just paranoia.

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 91 by Tangle, posted 01-02-2016 12:33 PM Tangle has replied

Replies to this message:
 Message 115 by Tangle, posted 01-06-2016 11:59 AM Blue Jay has replied
 Message 116 by NoNukes, posted 01-06-2016 12:19 PM Blue Jay has replied

  
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


Message 117 of 131 (775888)
01-06-2016 1:04 PM
Reply to: Message 115 by Tangle
01-06-2016 11:59 AM


Re: Recent news relevant to this topic?
Hi, Tangle.
Tangle writes:
It's not a problem in itself that laws attempt to change minds.
I feel a little back-of-the-brain itch when I see this statement, because this feels like the entire essence of the 'slippery slope' paranoia: they're more concerned with the government trying to control their thoughts than with the technical definition of 'thought crime.'
I mean, you're right of course: laws are made to dissuade behaviors that have a disruptive effect in society. But then, the observation that such laws tend to proliferate over time, and that it seems relatively easy to condition people to accept new rules, gives the uncomfortable impression that government is becoming more intrusive over time.
Basically, while I'm pretty sure I agree with your views, I can still see how it's easy to misinterpret the available evidence as a 'slippery slope' toward... well, toward something different from the current state of affairs, I guess?

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 115 by Tangle, posted 01-06-2016 11:59 AM Tangle has replied

Replies to this message:
 Message 119 by Tangle, posted 01-06-2016 1:16 PM Blue Jay has replied

  
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


(2)
Message 118 of 131 (775890)
01-06-2016 1:13 PM
Reply to: Message 116 by NoNukes
01-06-2016 12:19 PM


Re: Recent news relevant to this topic?
Hi, NoNukes.
NoNukes writes:
These are still not thought crimes.
Does this make you a legal baraminologist?
"No matter how much a crime micro-evolves, it will never macro-evolve into a thought crime."

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 116 by NoNukes, posted 01-06-2016 12:19 PM NoNukes has replied

Replies to this message:
 Message 121 by NoNukes, posted 01-06-2016 4:03 PM Blue Jay has not replied

  
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


(1)
Message 120 of 131 (775892)
01-06-2016 1:28 PM
Reply to: Message 119 by Tangle
01-06-2016 1:16 PM


Re: Recent news relevant to this topic?
Hi, Tangle.
Tangle writes:
Well 'they' aren't being consistent. All laws attempt to control and change behaviour - law require people to conform to rules of behaviour, or else. Behaviour is driven by thought, so sure, it's the thought police. But only if you really need to be really, really stupid about it.
Yeah, I'm not sure where I'm going with all this. I probably just have some residual conspiracy-theorist memes still embedded deep in my mind due to my former life as a fundamentalist (and my continued association with still-fundamentalist family members).
I've got a lot to tease out still.

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 119 by Tangle, posted 01-06-2016 1:16 PM Tangle has not replied

  
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


Message 122 of 131 (775970)
01-07-2016 10:52 AM
Reply to: Message 116 by NoNukes
01-06-2016 12:19 PM


Re: Recent news relevant to this topic?
Hi, NoNukes.
Okay, maybe I'm not done sorting this out yet.
NoNukes writes:
Yeah, I see the problematic part of such legislation too. But do such laws as this get their start from laws that are actually designed to protect minorities from physical violence? That's what the slippery slope argument is insisting. The second question is whether we should sand paper the slope (prevent sliding into free speech territory) or eliminate the peak (not protect minorities from xenophobic abuse using targeted punishment).
Based on the above-quoted comment, I think you see what I'm trying to get at.
Conspiracy theories can be surprisingly tenacious because they are very difficult to completely disprove, they prey on more general fears, and their followers tend not to make a practice of following parsimony. I certainly don't believe that there is some gang of liberal conspirators meeting in dark rooms to discuss the best strategy for ridding the United States of its Bill of Rights so they can subjugate the entire human race.
But, I still think there is a modicum of merit to some of the more moderate 'slippery slope' arguments. Right now, the country's legal systems seem willing to experiment with laws that flirt with the limits of individual rights, like freedom of speech. I think it's fair to say that, if there is no resistance to these experiments, future policy makers will be willing to entertain thoughts of deeper intrusions into personal freedoms.
I guess what I'm saying is that it feels like a line I thought would never be crossed... has been crossed. Maybe it's only a minor line, but it does set the precedent that lines can be crossed, and that makes me call into question anybody's claim about the sanctity of lines.
So NoNukes says "it's still not a thought crime," but that's just another line in the sand, and my faith in lines-in-the-sand has recently been shaken. And, if I read between the lines, it isn't hard to interpret Tangle's comments as saying that smudging --- and even crossing --- lines-in-the-sand is perfectly acceptable, as long as the intention is honorable. So, how can I believe that any line-in-the-sand will remain un-smudgeable in the future?
It's probably mostly paranoia on my part, but I'm not quite ready yet to just dismiss it as completely irrational or outlandish.

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 116 by NoNukes, posted 01-06-2016 12:19 PM NoNukes has seen this message but not replied

Replies to this message:
 Message 123 by Tangle, posted 01-07-2016 11:06 AM Blue Jay has replied
 Message 124 by ringo, posted 01-07-2016 11:15 AM Blue Jay has replied
 Message 128 by NoNukes, posted 01-07-2016 11:34 AM Blue Jay has replied

  
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


Message 125 of 131 (775977)
01-07-2016 11:24 AM
Reply to: Message 123 by Tangle
01-07-2016 11:06 AM


Re: Recent news relevant to this topic?
Hi, Tangle.
Tangle writes:
Can you explain what this line-in-the-sand is delineating?
The specific example I'm thinking of is the NYC transgender guidelines, and the implications for free speech.

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 123 by Tangle, posted 01-07-2016 11:06 AM Tangle has replied

Replies to this message:
 Message 129 by Tangle, posted 01-07-2016 12:15 PM Blue Jay has not replied

  
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


Message 126 of 131 (775978)
01-07-2016 11:26 AM
Reply to: Message 124 by ringo
01-07-2016 11:15 AM


Re: Recent news relevant to this topic?
Hi, Ringo.
ringo writes:
A line in the sand is inherently tenuous - as opposed, for example, to "carved in stone". Lines in the sand are not something to put your faith in.
Stop picking on my metaphor, you bully! What did he ever do to you?

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 124 by ringo, posted 01-07-2016 11:15 AM ringo has replied

Replies to this message:
 Message 127 by ringo, posted 01-07-2016 11:34 AM Blue Jay has seen this message but not replied

  
Blue Jay
Member (Idle past 2725 days)
Posts: 2843
From: You couldn't pronounce it with your mouthparts
Joined: 02-04-2008


Message 130 of 131 (775986)
01-07-2016 12:25 PM
Reply to: Message 128 by NoNukes
01-07-2016 11:34 AM


Re: Recent news relevant to this topic?
Hi, NoNukes.
NoNukes writes:
I think the statute in question does cross a bad line.
I think it's more of a "line smudge" than a "line cross." Like Tangle said, it'll probably be really difficult to prosecute somebody for anything but the most egregious pronoun misuses, so freedom of speech probably remains intact here.
But, is the overreaction --- "NYC is trampling all over our right to free speech" --- necessarily wrong? Couldn't it be argued that, if the conservative nuts weren't constantly yammering about 'slippery slopes,' we might just become complacent enough to slide all the way down that slope?
NoNukes writes:
There is a difference between being a bigot and being a bully.
Alright, I can trust you, because you don't like smudging lines. Not like that Tangle character: he's a line-smudger, so I can't trust him when he tries to reassure me that other lines won't be crossed in the future.
So, if you say there's a distinct legal line between 'bigot' and 'bully,' I'll believe you. But, I'll have no truck with line-smudgers.
NoNukes writes:
Couple the provocative speech with some actually crime such as creating a hostile work environment...
There was a recent workplace misconduct case that resulted in punitive actions against my supervisor, which most of the office personnel felt was entirely without merit. As a result, I also have a lot of reservations about 'hostile work environment' policies.
I guess it's just that there's a lot of difficulty finding where the lines are, which makes for some measure of legal 'mess,' and that's bound to cause frustrations and even, regrettably, some unnecessary harm. My overall impression is that it's just because our society is in a sort of exploratory phase in relation to social policies, and that we'll eventually find our center through empirical experience; but there's still that nagging feeling that there is a danger of setting bad precedents that will put us on the wrong path.
I think that nagging feeling is a good thing, and it will help us in our search for the right approach to these social issues, so we shouldn't just dismiss it as outlandish paranoia. At the same time, we can't let overreaction translate into paralysis, mistrust and bad policies; so line-drawers need to learn how to work together with line-smudgers.

-Blue Jay, Ph.D.*
*Yeah, it's real
Darwin loves you.

This message is a reply to:
 Message 128 by NoNukes, posted 01-07-2016 11:34 AM NoNukes has replied

Replies to this message:
 Message 131 by NoNukes, posted 01-07-2016 12:42 PM Blue Jay has seen this message but not replied

  
Newer Topic | Older Topic
Jump to:


Copyright 2001-2023 by EvC Forum, All Rights Reserved

™ Version 4.2
Innovative software from Qwixotic © 2024