Debate Guide: Power disparity: Difference between revisions

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"Power disparity" or "Unlevel playing field" argument:
[[Image:Youth and suitors.jpg|thumb|right|250px|'''Youth conversing with suitors'''<br>Miniature illustration from the ''Haft Awrang'' of Jami, in the story ''A Father Advises his Son About Love.'' Freer and Sackler Galleries, Smithsonian Institution, Washington, DC.]]"'''Power disparity'''" or "'''Unlevel playing field'''" argument:


:''"The child or adolescent is almost invariably in a position of lesser physical power and status. Considering this, any sexual contact will function only in the interests of the more powerful partner, and is therefore abusive"''
:''"The child or adolescent is almost invariably in a position of lesser physical power and status. Considering this, any sexual contact will function only in the interests of the more powerful partner, and is therefore abusive"''


First of all, if such an argument should be taken in the defence of an age of consent law, you will have to explain the cases in which, for example a 15 year old boy has more physical power, status and money than a 25 year old woman or man.
1. If your intent is to use this argument to defend [[age of consent]] laws, you will have to explain the how it would apply to instances in which the youth has more financial, institutional or bargaining power than the older person. [https://www.boywiki.org/en/Historical_boylove_relationships Many such examples have existed throughout history], and [[Accounts and Testimonies|closer to the present]].


Secondly, we have to consider whether there is a gap, and it's very nature. Whilst an adult may excel in physical power, they may have absolutely no legal standing in such a relationship. Even the slightest giveaway could have the police knocking at the door, so the adult is technically on the 'backfoot', when trying to maintain a relationship free of threat. Do we ever consider psychological harm because of this? No, because our dogma tells us that the adult is an indestructible perpetrator. Much of a minor's power over an adult is covert in nature - see [[Michel Foucault]] for ideas as to how this is manifested. Most parents should also know that a minor can always say 'no', often in the most expressive of ways, so one would have to explain the ''mechanism'' by which a physical relationship cancels out this strength of will.
2. We have to consider whether there ''is in fact a gap'', and whether or not there may be power differentials on ''both sides''. While an adult may excel in physical power, they have not a leg to stand on legally. Since they could be put in a jail cell under suspicion of unlawful sex with a minor within hours, it is the "child" who has the power invested in them ''by society'' as a result of their own perceived victimhood. So, much of a minor's power over an adult is covert in nature - we can perhaps point to [[Michel Foucault]] for examples of how this power is manifested. It could also be said in layman's terms, that most parents will know deep down that even the youngest child can always say 'no' - often in the most expressive of ways. In this instance, one would have to explain the ''mechanism'' by which a physical relationship cancels out this strength of will.


Thirdly, the presence of a natural power gap in no way means that it will be utilised or abused. As a child - lover (in a literal sense) a ''Pedophile'' typically views sexual interaction as a means of pleasing and receiving pleasure from their partner. This is in contrast to a "situational sex offender" who might simply be taking advantage of the proximity of a minor and using the taboo nature of the act to instill fear of exposure. Psychopathic crimes are of course a completely different class altogether and thankfully very rare, and one must recognize in any instance that these and other abuses of power that cause harm in situ would remain against the law even if consent laws were scrapped altogether.  
If the adult, on the other hand is using threats to subvert the minor's power, then we are witnessing a clear-cut [[Special Article: Adverse effects of hysteria|adverse consequence]] of age of consent laws, and should really be considering the extent to which these laws are causing psychological tensions and harm to both parties.


It is also no safe bet that an abuse of power will lead to any physical or psychological harm. Children suffer and repeatedly come through beatings and bullying. In playground games (seen as crucial socializing experiences) and at bathtime for example, small children are regularly felt up against their will, in ways that would be deemed indefensible with a mere deviation in "motive". These interactions are never seen as leading to the mental torture of even a small child, nor as having lifelong consequences, and thus the view that harms are inevitable is totally unwarranted and only risks becoming a dangerous, [[self-fulfilling prophecy]].
3. Since we are not a ''savage species'' at the personal level, the presence of a natural power gap in no way means that it will be abused. As a child - lover (in a literal sense) a ''[[Pedophilia|pedophile]]'' typically views sexual interaction as a means of pleasing and receiving pleasure from their partner - see any number of [[Research: Psychopathy_and_abnormal psychology|research articles]]. This is in contrast to a "situational sex offender" who might simply be taking advantage of the ''proximity'' or ''convenience'' of a minor, whilst using the taboo nature of the act to instill fear of exposure. Psychopathic crimes are of course a completely different class from the aforementioned two, and thankfully very rare. We have to recognize that in any instance, these and other abuses of power causing unavoidable physical and psychological harms in situ would remain against the law, regardless of what consent laws were on the books.  


As well as pointing out the hypocrisy of celebrating the importance of non-consensual play among and discipline of "our" children, we should also ask about the social context, I.e. are we creating the need to protect children or minors in general? The [[Debate Guide: Cyclical Paternalism|cyclical paternalism]] argument will help address this.
4. Finally, while it can not be excused, it no safe bet that an abuse of power will lead to any physical or psychological harm. This is something we should be happy to point out, and should continue to encourage by erasing societal stigmas. After all, children suffer in the education system and repeatedly come through beatings and bullying. In playground games (seen by developmental psychologists as crucial socializing experiences) and at bathtime for example, small children are effectively "felt up" against their will, repeatedly and in ways only deemed indefensible when certain "motives" are identified. These interactions are never seen as causing the mental torture of even small children, nor as having lifelong consequences. Thus the view that harms are inevitable is totally unwarranted and only risks becoming a dangerous, [[self-fulfilling prophecy]].
 
Whilst there ''is'' a clear hypocrisy in the way we celebrate and encourage non-consensual play among/discipline of "our" children, we should also ask about the social context, i.e. are we creating the need to protect children or minors in general? The [[Debate Guide: Cyclical Paternalism|cyclical paternalism]] argument will help address this.


==See also==
==See also==

Revision as of 18:42, 8 October 2021

Youth conversing with suitors
Miniature illustration from the Haft Awrang of Jami, in the story A Father Advises his Son About Love. Freer and Sackler Galleries, Smithsonian Institution, Washington, DC.

"Power disparity" or "Unlevel playing field" argument:

"The child or adolescent is almost invariably in a position of lesser physical power and status. Considering this, any sexual contact will function only in the interests of the more powerful partner, and is therefore abusive"

1. If your intent is to use this argument to defend age of consent laws, you will have to explain the how it would apply to instances in which the youth has more financial, institutional or bargaining power than the older person. Many such examples have existed throughout history, and closer to the present.

2. We have to consider whether there is in fact a gap, and whether or not there may be power differentials on both sides. While an adult may excel in physical power, they have not a leg to stand on legally. Since they could be put in a jail cell under suspicion of unlawful sex with a minor within hours, it is the "child" who has the power invested in them by society as a result of their own perceived victimhood. So, much of a minor's power over an adult is covert in nature - we can perhaps point to Michel Foucault for examples of how this power is manifested. It could also be said in layman's terms, that most parents will know deep down that even the youngest child can always say 'no' - often in the most expressive of ways. In this instance, one would have to explain the mechanism by which a physical relationship cancels out this strength of will.

If the adult, on the other hand is using threats to subvert the minor's power, then we are witnessing a clear-cut adverse consequence of age of consent laws, and should really be considering the extent to which these laws are causing psychological tensions and harm to both parties.

3. Since we are not a savage species at the personal level, the presence of a natural power gap in no way means that it will be abused. As a child - lover (in a literal sense) a pedophile typically views sexual interaction as a means of pleasing and receiving pleasure from their partner - see any number of research articles. This is in contrast to a "situational sex offender" who might simply be taking advantage of the proximity or convenience of a minor, whilst using the taboo nature of the act to instill fear of exposure. Psychopathic crimes are of course a completely different class from the aforementioned two, and thankfully very rare. We have to recognize that in any instance, these and other abuses of power causing unavoidable physical and psychological harms in situ would remain against the law, regardless of what consent laws were on the books.

4. Finally, while it can not be excused, it no safe bet that an abuse of power will lead to any physical or psychological harm. This is something we should be happy to point out, and should continue to encourage by erasing societal stigmas. After all, children suffer in the education system and repeatedly come through beatings and bullying. In playground games (seen by developmental psychologists as crucial socializing experiences) and at bathtime for example, small children are effectively "felt up" against their will, repeatedly and in ways only deemed indefensible when certain "motives" are identified. These interactions are never seen as causing the mental torture of even small children, nor as having lifelong consequences. Thus the view that harms are inevitable is totally unwarranted and only risks becoming a dangerous, self-fulfilling prophecy.

Whilst there is a clear hypocrisy in the way we celebrate and encourage non-consensual play among/discipline of "our" children, we should also ask about the social context, i.e. are we creating the need to protect children or minors in general? The cyclical paternalism argument will help address this.

See also

  • Against: Cognitive ability - Some argue that sexual intimacy requires a level that minors have not yet reached.