CallaFirestormBW
Posts: 3651
Joined: 6/29/2008 Status: offline
|
quote:
ORIGINAL: Rover I detest the term "slave contract" because... as others have said before... it's not a legal contract. No point in calling it what it clearly is not. In my opinion BDSM does far too much of that already, and it just serves to portray us as a bunch of folks engaged in ritualized Dungeons & Dragons... but that's another post. On the other hand, I'm all for any tool (by any name) that helps partners develop a list of realistic expectations for each other, and responsibilities for themselves. So just because it has no legal value, does not mean that a slave contract (gag) has no value at all. John I like the phrase "Agreement to Participate", and "Service Bond Agreement". Like the word 'slavery', which, for me, is a null, meaningless word in terms of being an accurate representation of the dynamic in a BDSM relationship because where there is consent, at any level, there cannot be 'slavery' (which, to me, is a non-consensual state where a human is -owned-, with no choice in the matter), the word "contract" implies a legally binding commitment, which is not feasible (and which is not particularly -desireable-, IMO, since what I am seeking requires that the other party participating actually wants to be there -- so if they do not want to participate, I have no intention of forcing them to remain) or enforceable under the law in any modern nation. What can be done to enforce one of these contracts? Realistically, nothing. The foundation of the agreement is that both parties agree that one party will consider hirself bound into service to the other. The only enforcement that can take place under this type of agreement, should the serving party fail to meet the terms of the agreement is the same recourse given to an employer, when an employee fails to produce according to hir employment agreement -- terminate the relationship. If one party wishes to terminate and the other does not, oh well... tough cookies. There is no -legal- method for requiring a servant (slave, for the folks who insist on using that term) abide by the terms of the agreement -- willingness to honor the promise is the only bond that exists. Again, think of this in terms of an 'employment agreement'... the "Master" 'hires' a 'slave' to serve hir. The 'slave' agrees, and then later decides to no longer provide adequate service. A PIP (Performance Improvement Plan) may be instituted, if both parties believe it would be helpful to clarify the duties (discipline/punishment), but in the end, if the 'employee' (slave) chooses to renege, the only recourse is to fire said 'employee'. Calla Firestorm
_____________________________
*** Said to me recently: "Look, I know you're the "voice of reason"... but dammit, I LIKE being unreasonable!!!!" "Your mind is more interested in the challenge of becoming than the challenge of doing." Jon Benson, Bodybuilder/Trainer
|