30% jokes, 30% attempts at academic discussions, 40% spewing my opinions uninvited to find out what might be missing from my perspective.

I’ll usually reiterate this in my posts, but I never give legal advice online. I can describe how the law generally tends to be, analyze a public case from an academic perspective, and explain how courts normally treat an issue. But hell no am I even going to try to apply the law to your specific situation.

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Cake day: June 12th, 2023

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  • I’m against forced birth, but have to point out that there is the argument, whether realistic or not, that the parent can always give the baby to the foster care system once it’s born, so their obligation would be limited to 9 months total.

    Personally what I take issue with is the inconsistency of forced-birth laws in the absence of comparable forced-labor laws. In a world of ideal policy, maybe we as a society might agree that a person should be obligated to sacrifice their time and health for the sake of preserving or creating human life. But then it shouldn’t be applied only to adult women who had consensual sex. Why shouldn’t non-pregnant people be forced to tend a farm for 9 months to produce food for those who are starving, or to spend 9 months working 80-hour weeks at an emergency call center with no pay?

    I suspect the answer is that the rights themselves are not the issue here, but rather the motivation to punish women who have consensual sex.


  • In the academic sense of the term, negative rights include the right to not have things done to you (e.g., to not be deprived of life, liberty, or property without due process of law).

    Positive rights include the right for you to do something, generally as against others (e.g., the right to have food, healthcare, or education be provided to you by other people).

    I’m not sure it is useful to try to categorize abortion rights, for similar reasons why it would be difficult to categorize the right to try and grab the only parachute on a crashing plane. Even if it causes injury or death to others, our general tendency is to treat positive acts of genuine self-preservation as a negative right, if only in the sense that we would never enforce a rule that prohibits the person from trying.

    A funky brain teaser on the topic might be whose right of life prevails when a perfectly healthy person turns out to be the only match for 5 patients with failing organs, one needing a new heart, another needing a new intact liver, etc., who are each about to die if we don’t kill the healthy person and harvest their organs for transplant. And would the answer change if this wouldn’t kill the healthy person, but severely decrease their quality of life - such as involuntarily taking one of their lungs and one of their kidneys?


  • I hate to talk like a law student but that’s sort of the system we already have. When a person certifies that they have read a contract (such as terms and conditions), it does actually mean something. No one would want to do business if anyone could be released from a contract just because they were lying about whether they agreed to be bound by it.

    You might be able to think of it like the safety presentation that happens before takeoff on every commercial flight in the US. If you look around at that time, very few people are ever paying attention to the video or flight attendant. Why is that, if everyone is supposed to be concerned about their own safety? Maybe they think this presentation will be the same as all the others, so they can safely ignore it. Does that make it the airline’s fault if a person doesn’t know where the emergency exits are when something does happen? No, the typical intuition - and a relatively necessary assumption on the airline’s part - is that each person is responsible for knowing the information given to them in that presentation.

    Similarly, it does not necessarily change much if a person has to check off multiple boxes instead of just one, or if they have to wait a few minutes before they can sign off, etc. People will tune out whatever they want to tune out, but we can’t have a workable system if that’s what absolves them of responsibility.

    --That being said, US contract law does take this to some extremes that should be carved out as unacceptable exceptions to the rule. The case of Carnival Cruise Lines, Inc. v. Shute comes to mind where passengers were bound by terms printed on the back of a cruise ticket that they only received after they already paid for it.



  • 🎶 oh, I can so just sit here and cry 🎶

    but fr what worked well for me was blocking, deleting, getting rid of (or stuffing into a rarely used closet) anything that reminded me of them, then distracting myself 24/7 long enough to later process my emotions with a little bit of distance from the event itself - not to block out the feelings but to just avoid ruminating on them.

    Mostly the point was buying time to provide my monkey brain with hard proof that I can survive without that person, that way it stops shooting me up with the Bad Chemicals every time I think of them.


  • catreadingabook@kbin.socialto4chan@lemmy.worldIn the Company of Culprits
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    10 months ago

    The thing is, millions of people have been training for this since childhood. An all-good and all-powerful being would totally intend for some children to get bone cancer, because uh… we just have to have faith in his plan. Terrorists, torturers? Part of the plan. Pregnant 10-year-olds? Believe it or not: plan.

    By comparison, now that Trump is one of their idols, the OP doesn’t even register. Oh yeah it was definitely a conspiracy to make him look bad, or actually they’re all being coerced by liberals, people identifying as trans, and/or China, or it’s a test of faith, or it’s ok when they do it because uhhh Hillary Clinton…





  • catreadingabook@kbin.socialtoMemes@lemmy.mlToxic
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    1 year ago

    As with most social media, I think the voting system makes it worse. There is always an element of “playing to the audience,” in that the easiest way to get validation (votes, boosts, replies) is to make sure everyone thinks you’re morally or intellectually superior over the person you’re talking to, whereas an actual normal conversation would be focused on the exchange of new ideas and perspectives.

    Stronger moderation could help, and filtering the less civil communities could help, but I suspect it’s just a natural consequence of having a built-in validation system that applies to every post and comment everywhere. As engagement in the fediverse grows overall, I could see it getting worse mainly because of more ‘vote-seeking’ behavior.



  • It isn’t commercial labor when an adult does their own chores (I think), as it’s more related to the people in a household maintaining their own home. It likely wouldn’t be labor for a child for the same reasons, though I’m not sure.

    But it could start to look like labor when it’s something that produces commercial value, for example, it’s more like a ‘chore’ to water the vegetable garden in the backyard, but it’s more like ‘labor’ to tend to 20 acres of farmland.

    Excessive chores, though, could be prevented under child abuse law rather than child labor law, depending on how it’s enforced. Doing all the household work voluntarily for no reason other than it’s fun? Almost certainly legal. No video games until you clean the dishes? Probably legal. No food until you sweep, mop, dust, and shine every surface in the house? Probably abuse.









  • I would rephrase it further. This is about the balance of powers in the government. The argument isn’t that we don’t have this right, it’s that it isn’t a Constitutional right.

    Our existing Constitutional rights are more or less straightforward - “No one can prevent you from peacefully speaking your mind,” aside from exceptions like fraud and credible threats. The judicial branch, the court system, is responsible for stopping wrongdoers and overturning laws that violate those rights.

    By contrast, the proposed right, “No one can prevent you from having a stable climate where you live,” is completely unenforceable by the courts.

    The scope is too different: it’s unclear what actions and laws would be in violation of that right. Would you be infringing on your neighbor’s right to a stable climate because you drove your car to work when you could have ridden a bike? Is your city infringing on your right to a stable climate if it uses incandescent light bulbs in government offices, or fails to mandate solar panels on every roof?

    The point being there is no Constitutional right to a stable climate because there’s not really a way to directly violate that right in a way that the courts can enforce. Instead, it needs to be a policy decision passed by legislation with specific rules and actions in mind. That’s a power reserved for Congress and not the courts.