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Culture War Roundup for the week of October 28, 2024

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I think there is a substantial conscious and voluntary component to the thing we mean by consent, and for legal and social purposes that's the only part we as third parties can/should use as inputs into decision making processes. A law saying "If you have sex with someone and they are traumatized afterwards then you get 20 years of jailtime, but if they shrug it off then you go free" is a terrible law because people choosing to have sex with someone else can't entirely control the other person's reactions. So legally rape should absolutely be defined by visible and mostly unambiguous signals. Similarly, a social convention of "If you have sex with someone and they are traumatized afterwards then you are a bad person and everyone should shun you, but if they shrug it off then you're fine." is... more reasonable, but still dubious, because if you're so bad at a sex you traumatized someone then clearly something is wrong with you. But again, if you force sex on someone and they shrug it off you're still a horrible person because that is an action with very negative expected outcome. If you shoot at someone with a gun, maybe you don't actually hit them and wound them, and maybe you don't get convicted of murder, but you still get convicted of assault, because you easily could have hurt them.

So there's the legal definition, and the social definition, and the moral definition. And the moral version of consent involves internal thoughts and feelings, the legal one does not and should not, while the social one is probably somewhere in between. And all of them are meaningful and useful, and mostly referring to the same thing even if having different words for them might make it easier to communicate the distinctions.