Monday, July 25, 2016

Why, If a Relative Raped You, It IS Everyone Else's Rightful Business to Know

These are excerpts from a longer essay I wrote.  The whole essay can be found here.


Suppose you knew someone in childhood and, as an adult, became reacquainted with her. Imagine you suspect that, even as an adult, she is being regularly beaten by her spouse. Upon confronting her about this, she says, “This is something for my household alone; it is my private affair; it is none of your business!” Now consider another scenario. Imagine you learn that a young woman was raped by her own relative, and you have enough evidence to make you find it plausible that that relative may rape someone else. When the young woman learns of what you know, she screams that she will never forgive you if you go to the police or tell anyone else about this. She yells, “My relative didn’t rape you or anyone in your family. This is my private affair; it is none of your business! You have no right to go to the police about this.”

Are the women in the above two scenarios correct? The implication in the victim’s assertion is that because she is the one victim of which she is aware, she is the only party who has any right to take action against the aggressor. Because the aggressor did not initiate the use of force upon you or your family directly, says the victim, this is entirely her business and no one else’s. You and the government ought to butt out of this. Is she correct that this is nobody’s business but her own? No, she is not. Any use of violence, be it initiated or made in self-defense against the initiator, is necessarily everyone’s business. It is necessarily your business, and, to the degree that a constitutional liberal republican Night Watchman State has jurisdiction, it is necessarily the business of that government. The reason is that no use of violence, be it initiated or made in self-defense, can properly be privatized. [ . . . ]

Th[is argument] came from the ancient Greek lawgiver Draco. He was allegedly too harsh in punishing crime, and therefore a government acting too harshly is said to be draconian. However, Draco set a precedent that is actually important to having a truly free, constitutional liberal republican Night Watchman State. It turns out that prior to Draco’s time, the ancient Greeks largely agreed with W. Alan Burris that murder was a private matter. The ancient Greeks believed that if, say, Ralphius murdered your brother Jacius, it was not as if Ralphius had threatened the safety of the entire community; his lone victim was your brother Jacius. Therefore, if you wanted justice for Jacius, it was left to you and your family to seek out some personal vengeance against Ralphius. To this, Draco objected. Draco said that if Ralphius murdered Jacius, Ralphius necessarily victimized everyone in the community, and therefore the State, representing the entire community, was right to avenge the entire community against Ralphius.

This is true. If Ralph steals from Jake, then everyone else in the community has probable cause to fear that Ralph may steal from them as well. If Ralph rapes Jake, everyone else in the community has probable cause to fear that Ralph may rape them as well. And if Ralph murders Jake, everyone else in the community has probable cause to fear that Ralph may murder them as well. Even if Ralph publicly issues a serious threat of violence against Jake and has yet to carry it out, the rest of the public has probable cause for fearing that Ralph may carry out that threat against them as well. Therefore, any initiation of the use of force does, perforce, victimize everyone in the community.
[ . . . ] On that understanding, when the constitutional liberal republican Night Watchman State claims to represent the entire community in criminally prosecuting Ralph for what Ralph did to Jake, the constitutional liberal republican Night Watchman State is not collectivistically usurping the authority to represent individual community members against their consent. [ . . . ]

The initiation of the use of violence -- by anyone against anyone -- indeed demonstrates itself to be a threat to everyone in the community and not merely the most direct victim of that violence. If Ralph beats up Jake, there is sufficient evidence for you to worry that you could be the next victim of a beating from Ralph. And even if you, personally, believe that Ralph would never do this to you or your children, your next-door neighbor is reasonable in worrying that she might become his next punching bag. Violence cannot be privatized -- any act of violence inexorably imposes repercussions for people other than the violence’s most direct victim. [ . . . ]

If Ralph bruises his wife, he might rough up other people as well. Therefore, if you learn of this abuse, it is necessarily your business and the business of everyone else in the community. You are right to take action even in defiance of the wife’s protests. Contrary to her assertions, she is not the exclusive victim. The same applies if you learn a young woman was raped by a relative. Even if she sternly pronounces she is the solo victim and therefore it is not your place to intervene, that is not accurate. It is your business and everyone else’s. [ . . . ]

If you have been threatened with violence, or if it has already been inflicted upon you, you may be justified in fearing that if you come forward to authorities with this information, that it might put you at risk of being subjected to violent reprisals from the assailant.  For that reason, in the short term it may be rational that you tell but a few people about this circumstance and ask them to keep it secret in the foreseeable future.  However, that can only go so far. There is probable cause for the law to inquire as to whether this alleged assailant may pose a violent threat to parties besides you and therefore, in the long run, the protection of every peaceful person's rights requires that this information ultimately be publicly available.  On that basis, a right to privacy does not extend to any credible accusation that you can level about someone either threatening violence or having committed it.  [ . . . ]

That which is peaceful is private and should therefore be absent of governmental interference. Yet, by the same token, any violence that occurs anywhere, even if inflicted in putative self-defense, can never be privatized and should therefore be of concern to the public and the constitutional liberal republican Night Watchman State.

Saturday, July 2, 2016

When We Must 'Interfere'

You know that I am a laissez-faireist. But few people understand what this means.  I am only laissez faire in that if people are being peaceable in their mutually consensual dealings, I do not want government force imposed upon them.

It is an entirely different matter if you insisted on shoving suicidal, self-mutilating, and other morbid gestures in my face and you hinted that this was the result of abuse from childhood that actually long predated early adolescence.  As you took the initiative to make such loud cries for help, you can be damn sure I am going to intervene.

 We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere. When human lives are endangered, when human dignity is in jeopardy, national borders and sensitivities become irrelevant. 

--Elie Wiesel   

The cries for help will not go unanswered.