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Culture War Roundup for the week of May 1, 2023

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It's not rhetorical sleight of hand, it's a disagreement about the burden to respond proportionally that falls on people who are provoked.

The logic is that you're only allowed to use necessary and proportional force in self defense. If someone else throws the first punch in a bar fight you can fight back and claim self defense, but if you start stomping on their unconscious body it's clearly not necessary. If someone throws an empty beer can at your head and you pull out a gun and shoot them that's not proportional.

The issue here is that if the man on the subway successfully choked off the homeless man's blood supply then the window of time where his use of force went from necessary and proportional to unnecessary and disproportionate is incredibly short. The left position is that there should be significant legal risk to imperfect self defense so that people are heavily incentivized to deescalate rather than inexpertly use a chokehold and kill someone.

Your Autobahn example is not comparable because it reduces the whole thing to one moment where there's a life or death choice comparable to justified self defense. The people in the subway car had other choices, they could have endured having trash thrown at them, the man could have used a less dangerous hold, he could have stopped squeezing slightly sooner.

I live in California, I am annoyed regularly by a particular homeless man who lives near where I work and I have had fantasies of doing violence to him. I think it will be tragic if the guy who inadvertently killed him spends significant time in jail. But I don't think it would be good to have a legal code that says you can choke someone out if they throw trash at you and if you happen to do it a bit too long and they die well then there's no consequences.

The issue here is that if the man on the subway successfully choked off the homeless man's blood supply then the window of time where his use of force went from necessary and proportional to unnecessary and disproportionate is incredibly short. The left position is that there should be significant legal risk to imperfect self defense so that people are heavily incentivized to deescalate rather than inexpertly use a chokehold and kill someone.

The Left's position in isolation isn't the biggest issue. Although I can argue that it's vastly underestimating how messy actual violence is to think you can easily damn someone for imperfect defense.

The issue is that position as part of a package of other positions that make self-defense more necessary - like weakening the ability to contain segments of the population that disproportionately create these safety concerns by trying to make the prison system "fairer" (i.e. less punitive).

Yeah, I think the second paragraph is a big part of it. If once every now and then a homeless man threw trash at people on a subway, then endure it and wait for the police to show up is pretty tolerable. If they're doing it constantly and the police do nothing then the temptation to take matters into your own hands is quite high. Effective policing is an important public service the state needs to provide.

Effective policing is an important public service the state needs to provide.

I think the Left has worked itself into a shoot - to use wrestling lingo - on cops being if not useless or outright harmful, at least vastly overdeployed as a solution to problems.

I suppose I can see that argument for a high trust, low crime society. I just don't know how it maps to the US.

Ah, now I think we are getting closer. I have several disagreements. Note that I am not making a legal argument but a moral one.

First, I find it incredibly weird to demand what amounts to infinite restraint and control from the attacked, but place zero accountability on the attacker.

Second, I think that disproportionate response is an acceptable deterrent for provocation. In the absence of competent authorities who step in (and this is evidently not the case when it comes to the NYC subway), it might be the only deterrent. This has boundaries of course, and there is such a thing as overdoing it.

Third, on the matter of alternative choices: I have seen this argument when it came to both pedestrians and drivers being attacked by mobs. Paraphrased: It is better to take a beating than killing someone. Again, this places infinite responsibility at the feet of the attacked, and absolves the attackers from essentially all agency. They are seen as holy children, the attacked as omnipotent angels.

Fourth, on enduring abuse: No. No, they shouldn't endure the abuse. I was bullied and beaten up for years. Nobody helped. It only stopped when, one recess, I took a very large stick and beat my attacker blue. This could have seriously injured him. He would have deserved it.