Showing posts with label self-defense. Show all posts
Showing posts with label self-defense. Show all posts

Monday, July 11, 2016

Identity Politics and Abortion Argument

Is this post, on the idea of a universal positive right to an abortion, an example of or does it contain any instances/examples of "identity politics"?  In the good sense of the term as used by those who profess its value?

At least in style it seems to me not; maybe in some sense about the content, since it directly concerns only part of the population, it is.  But so if it does count as identity politics for its content--despite or without regard to its style--then I only have a problem with the style of identity politics.

Abortion Regulation: From Illegal to Legal... to Universal?

I've just come to the conclusion that universal access to abortion is a legal political imperative. 
If we base our right to abortion on the right to bodily-autonomy, then abortion should be just as free and universally accessible as law enforcement and judicial services. 

Could this be right?  
Is the logic?  Should we reexamine the premise?

Sunday, July 10, 2016

Reasonable Person Statutes and Identitarian Deference

One example of identitarian deference already established and recognized in the law--rightly, in my opinion--is the clarification to "reasonable person" statutes, like those requiring that in order for a genuine belief in the necessity of a violent act to defend oneself from imminent physical harm to rightly claim 'perfect self-defense' and fully exonerate one from criminal charges, that the standard of "reasonableness" must take into account the totality of the defendant's circumstances.

In People v Humphrey, the CA Supreme Court found that expert testimony concerning the effects of battered woman syndrome are relevant, and thus admissible, to determining whether the belief in the necessity of violent self-defense was objectively reasonable because the standard is defined as "what a reasonable person would do in her situation", i.e. as a long-term victim of battering and suffering of battered woman syndrome.

Hence there is an identitarian deference here, and assertion of an unbridgeable gap in the understandings of those who have been battered women and those who have not.

Wednesday, March 13, 2013

An Argument for Transparency

The people need to know what its government is doing in its name so that they have an accurate picture of the history of the conflict between their country and another when taking positions on foreign policy alternatives.  Otherwise, with a rose-tinted view of their side's own past conduct and an un-white-washed view of the other side's conduct, there is a tendency against the mutual understanding that leads to trust and coordinated solutions to the collective action problem of security.  

National Security Criticism

I have lots of problems with national security policy: not enough transparency generally, counter-productive wars and covert actions, detainment without a speedy trial, the militarization of non-military criminal actions and responses, and other general issues of drift and securitization.


But the issues that mostly come up in discourse over civil liberties are the issues I don't have too much of a problem with.  They're definitely not unprecedented in principle.