fucktoyprincess -> RE: The Fringe: permanent self harm vs the things that just squick us (5/4/2012 2:03:46 PM)
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quote:
ORIGINAL: Aswad quote:
ORIGINAL: fucktoyprincess Obviously a minor cannot consent to BDSM. The age of consent in your jurisdiction is 4 years higher than in mine, as far as I know. Which one of our jurisdictions chose to legislate wrong, seeing as this is obvious to you? And, while I never had sex at, say, 15, I was demonstrably more mature, capable and reflected than a particular 25 year old I used to debate with at the time. No way would his ability to consent have been questioned, legally. Nor was mine, except legally, where there was no question, just an arbitrary assertion. Any comparative test would have shown me more qualified to decide for myself than him, but the law simply stuck two digits in there. Is that degree of arbitrarity obviously right to you? To me, the important thing is not to act in a legal manner, but to act in a moral manner, what the universal declaration of human rights call "freedom of conscience", which cannot be legally constrained where I live (though the appeal would have to go to the human rights courts, so a pretty lengthy process). So far, this hasn't been an issue, but I still find it freaky how people can consign something so important as consent to something so arbitrary as law. IWYW, - Aswad. I realize age of consent is arbitrary, I see no other way for a civilized society to proceed without getting bogged down in an exploration of each individual case, and personally I have no desire to pay (as a taxpayer) for that kind of legal investigation on a case by case basis. I can't even begin to imagine the litigation that would clog our courts if there was no age of consent. Sometimes expediency is necessary regardless of philosophical approach. It is not law that is arbitrary. It is life that is arbitrary. I've learned to live with the arbitrariness a very, very long time ago You are welcome to try to make complete sense of everything in the universe from your own moral perspective. IWYW with that, too. [:D]
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