Category: Law, Constitution, and Jurisprudence

http://www.huffingtonpost.com/martha-c-nussbaum/why-some-men-are-above-the-law_b_8992754.html?utm_hp_ref=yahoo&ir=YahooWHY ARE SOME MEN ABOVE THE LAW? ‘CAUSE IT’S HARD TO KNOW THE TERMS OF THE IMPLIED CONTRACT BETWEEN ASYMMETRICALLY INFORMED PARTIES.

(i.e. women want us to make the world safe for their impulses.)

Hmmmm….. Not sure I agree. Surprisingly for me also.

There is an enormous asymmetry of knowledge and experience between a man of the world at 40, and a naive (ignorant) college girl.

I do not read Martha’s post any differently than the same young woman attempting to drive an exotic super car, and damaging it, and herself in the consequent accident. She assumed too much of herself in both circumstances. She should have had less confidence and more skepticism, and made more inquiries, and engaged incremental training of herself.

The ethical question is not whether she disapprove of the experience. But why she was so ignorant, and why he was wiling to have sex with her, and why she expected him to have sex on her (naive) terms?

From his perspective (and any man who has a lot of female attention), ‘rough sex’ is pretty commonplace – and often desirable, and often rewarded. (Thanks to the internet era, we have data now, so it’s not a matter of subjective opinion. It is what it is. Women prefer the inner gorilla to the outer gentleman, and more intelligent people tend to be worse at sex. )

So it begs the question: why do we teach equality and subjective prediction of normative behavior, rather than asymmetry?

As far as I can tell the postwar era was an intellectual, cultural, political, and economic, catastrophe – an experiment with a new postmodern mysticism.

Effete (naive) subjective projections of norms to the contrary.

Why do we lie? Why have we created a century of lies?

Men are super-predators that have spent at least ten thousand years in self pacification through war, ritual, religion, politics, economics, law, sport, norms, the family, farming, mutual cooperation, and daily fighting. Why do we tell ourselves and others that man does anything other than act in his rational self interest given the options at his disposal?

Women have had too little time to redevelop institutions and wisdom of controlling their impulses now that they are free of the hearth, home, and paternal and maternal protections.

The law accounts for this by punishing people of similar experiences, and being skeptical of asymmetric experiences. As such **avoid asymmetric experiences** in all walks of life. Risks are fun but costly in all walks of life. A woman has a genetic bias to experiment with alphas but her youthful ignorance does not know how to manage them.

We do not make the world better by making it safe for idiots to act in ignorance and impulsiveness. We make it better when we educate and avoid risks we do not understand the consequences of.

http://www.huffingtonpost.com/martha-c-nussbaum/why-some-men-are-above-the-law_b_8992754.html?