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PaperclipPerfector  11mo ago (text post)   5141 thread views

Small-Scale Question Sunday for December 24, 2023

Do you have a dumb question that you're kind of embarrassed to ask in the main thread? Is there something you're just not sure about?

This is your opportunity to ask questions. No question too simple or too silly.

Culture war topics are accepted, and proposals for a better intro post are appreciated.

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A couple of months ago @2rafa made the following observation:

MeToo represents an organic rebellion by a lot of women against the excesses of the sexual revolution, whether they consciously realise it or not (and most, as you suggest, do not). Is it often misguided, does it often harm innocents, does it broadly fail to present viable alternatives, is it still trapped inside liberal ideology? Of course - it represents a dynamic rage, it is largely impotent, those supporting it have little understanding of the real material causes of their suffering.

Young women raised in a climate of total sexual liberalism are rebelling with the only words they have, in the only way they can. They’re not going to become “trad” overnight, they have no understanding of what that is, they were raised without religion, they are surrounded by a media environment that means they don’t have any real understanding of what reversing it would mean. Still, they know the present situation is untenable.

This got stuck in my mind, as it reminded me of that memorable scene from the original Conan movie ("Crom, I have never prayed to you before. I have no tongue for it."). Still, it appears to me the issue isn't that the women pushing the #MeToo message (although this whole trend appears to be pretty much over) don't have the words to express their dynamic rage, it's that they're terrified of being branded as losers by other women. What is the implication here, after all? It's that what these women actually want to shout out is "I was duped into have crappy sex multiple times even though I didn't even want it". Or, in other words, "it's unfair that we women have to pretend that men are free to have technically consensual casual sex with us without offering anything in exchange". I'm reminded of laws in many Western countries, I guess most of them still officially on the books, specifically punishing false promises of marriage made for the purpose of sex. I guess these women would prefer some sort of this law to still be enforced.

In other words, while modern Western society claims to empower women and girls in various ways, it seems to actually disempower them completely in a crucial aspect.

Am I correct about this?

That first point reminds me of the thesis of this article

For example, much of contemporary feminism actually reads like an attempt to hook the horse of the patriarchy up to the junker of gender egalitarianism. The patriarchy was bad, as the story goes, so we got rid of it and had the sexual revolution instead. Then the sexual revolution turned out to be a catastrophe of abuse, disgrace, and regret. By the time we realized it, however, “consent” was the only language of sexual ethics available to us at all, so these were problems that we largely had no name for.

[...]

Slowly, and probably unconsciously, we took the existing material of gender egalitarianism and cobbled together a jugaad patriarchy that pretends not to be one. The jugaad patriarchy is less efficient, less humane, and less conceptually coherent than the actual patriarchy it replaced. But if it affords us an atmosphere in which men are terrified of the consequences of sleeping with women they’re not married to, perhaps it’s better than nothing.

http://www.thetruthcounts.com/blogtraducciones/2018/11/14/jugaad-ethics/

Yes. I agree, and I think I get it - obviously no woman wants to be that sucker who openly says: "I was duped", "I never thought he'd dump me", "I didn't sign up for this", "the reason I agreed to have sex with him wasn't actually that I lusted after him" etc.

With respect to the article, I came across it once here already actually, and again I'd add that the entire argument hinges on a misunderstanding/falsehood. I explained it here.

I think your correct and in the culture war thread I’d make a significantly bigger contribution, but the TDLR was that throughout history seducing a virgin was literally a crime in most societies, although penalties were sometimes waived if you married her, because teenage girls are stupid and believe that sex makes commitment.

I'm not sure I understand what's the specific power that you posit was lost - the ability to extract a legally enforced costly promise (marriage) as a condition for sex? Surely contract law would still allow for something in that class, if there were actually an appetite for it.

Surely contract law would still allow for something in that class, if there were actually an appetite for it.

I'd again point to Diosdado v. Diosdado as at least hinting that, no, contract law, as currently instituted, probably wouldn't allow for that sort of thing — much as the court disallowed the pre-nuptial contract due to it being contrary to the state's "compelling interest" in no-fault divorce.

much as the court disallowed the pre-nuptial contract

Can you explain this?

Diosdado v. Diosdado.

Well, actually, in that case, it wasn't a pre-nup, but a "Marital Settlement Agreement," but AIUI, it's been cited as precedent to rule various pre-nups invalid.

Donna then brought this action for breach of contract in February 2000, seeking to enforce the liquidated damages clause of the agreement. On the first day of trial, the trial court, on its own motion, granted a judgment on the pleadings in favor of Manuel. Donna appeals from the judgment.

…

[1a] The only question before this court is whether the agreement is enforceable. The trial court found that it was not because it was contrary to the public policy underlying California's no-fault divorce laws. That reasoning is sound.

In 1969, California enacted Civil Code section 4506 (now Fam. Code, § 2310), providing for dissolution of marriage based on irreconcilable differences which have caused the irremediable breakdown of the marriage. This change was explained in In re Marriage of Walton (1972) 28 Cal. App. 3d 108, 119: "After thorough study, the Legislature, for reasons of social policy deemed compelling, has seen fit to change the grounds for termination of marriage from a fault basis to a marriage breakdown basis."

…

[1b] Contrary to the public policy underlying California's no-fault divorce laws, the agreement between Donna and Manuel attempts to impose just such a premium for the "emotional angst" caused by Manuel's breach of his promise of sexual fidelity. fn. 1 The agreement expressly states the parties' "mutual understanding that any such breach of fidelity by one party hereto may cause serious emotional, physical and financial injury to the other." The agreement then imposes a penalty on the breaching party, in the event either party chooses to terminate the marriage "because of said breach." This penalty includes "liquidated damages for said breach in the sum of $50,000," over and above any property settlement or support obligations imposed in the dissolution proceeding.

The family law court may not look to fault in dissolving the marriage, dividing property, or ordering support. Yet this agreement attempts to penalize the party who is at fault for having breached the obligation of sexual fidelity, and whose breach provided the basis for terminating the marriage. This penalty is in direct contravention of the public policy underlying no-fault divorce.

To be enforceable, a contract must have a "lawful object." (Civ. Code, § 1550, subd. (3).) A contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, or otherwise contrary to good morals. (Civ. Code, § 1667.) Here, where the agreement attempts to impose a penalty on one of the parties as a result of that party's "fault" during the marriage, it is contrary to the public policy underlying the no-fault provisions for dissolution of marriage. (See Fam. Code, §§ 2310, 2335.) For that reason, the agreement is unenforceable.

IANAL, but the court seems to be saying quite plainly here that since the California legislature made divorce "no fault," any contract between spouses that would function as restoring "at fault" divorce is contrary to public policy and thus unenforceable.

Yes, basically.

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