Ok, so you don't object to one of his comments means that he believes drunk enough people are free of all legal responsibility related to rape. Rephrasing that as Theodore Y. Ts’o wrote that he believes drunk enough people are free of all legal responsibility related to rape still seems to match the meaning. That seems equivalent to Theodore Y. Ts’o wrote that he believes drunk enough people are innocent of rape, which seems to be Theodore Y. Ts’o wrote that if both people were drunk enough they were both innocent of rape and I honestly can't find a meaningful difference between that and Theodore Y. Ts’o wrote that rape was impossible if both people were drunk enough.
Are you again trying to mix this up with other, asymmetric, cases?
You're basing this asymmetry argument entirely on the belief that Ted meant something other than what he said. Get Ted to say that and I'll pay attention to it.
Immediately afterward he only applies it to the thought experiment with both drunk. His later questions about the study again mentioned "numbers might be skewed by cases where both parties were drunk". No mention of anything like "numbers might be skewed by cases where the 'rapist' was drunk", even though that would be an obvious consequence
Of course - he's questioning it in the context of women not themselves classifying the attacks as rape.
I doubt alcohol would make him stop considering it rape from non-legal terminology perspective, and I'd expect him to say something about it if he thought there was a difference in this case.
Ted says there's no rape that has taken place. He doesn't say "Legally, no rape has taken place". He doesn't say "Many people would not regard this as rape". He doesn't draw a distinction between legal and non-legal terminology. He clearly and explicitly says that if both parties are drunk, it's not rape.
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Re: My overall take on the discussion
Date: 2012-11-09 04:46 am (UTC)You're basing this asymmetry argument entirely on the belief that Ted meant something other than what he said. Get Ted to say that and I'll pay attention to it.
Of course - he's questioning it in the context of women not themselves classifying the attacks as rape.
Ted says . He doesn't say "Legally, no rape has taken place". He doesn't say "Many people would not regard this as rape". He doesn't draw a distinction between legal and non-legal terminology. He clearly and explicitly says that if both parties are drunk, it's not rape.