Pedophilia, Preemptive Imprisonment, and the Ethics of Predisposition
The first two weeks of 2013 were marked by a flurry of news articles considering “the new science” of pedophilia. Alan Zarembo’s article for the Los Angeles Times focused on the increasing consensus among researchers that pedophilia is a biological predisposition similar to heterosexuality or homosexuality. Rachel Aviv’s piece for The New Yorker shed light upon the practice of ‘civil commitment’ in the US, a process by which inmates may be kept in jail past their release date if a panel decides that they are at risk of molesting a child (even if there is no evidence that they have in the past). The Guardian’s Jon Henley quoted sources suggesting that perhaps some pedophilic relationships aren’t all that harmful after all. And Rush Limbaugh chimed in comparing the ‘normalization’ of pedophilia to the historical increase in the acceptance of homosexuality, suggesting that recognizing pedophilia as a sexual orientation would be tantamount to condoning child molestation.
So what does it all mean? While most people I talked to in the wake of these stories (I include myself) were fascinated by the novel scientific evidence and the compelling profiles of self-described pedophiles presented in these articles, we all seemed to have a difficult time wrapping our minds around the ethical considerations at play. Why does it matter for our moral appraisal of pedophiles whether pedophilia is innate or acquired? Is it wrong to imprison someone for a terrible crime that they have not yet committed but are at a “high risk” of committing in the future? And if we say that we can’t “blame” pedophiles for their attraction to children because it is not their “fault” – they were “born this way” – is it problematic to condemn individuals for acting upon these (and other harmful) desires if it can be shown that poor impulse control is similarly genetically predisposed? While I don’t get around to fully answering most of these questions in the following post, my aim is to tease out the highly interrelated issues underlying these questions with the goal of working towards a framework by which the moral landscape of pedophilia can be understood. Continue reading
Turning the Camera Around: What Newtown Tells Us About Ourselves
On the morning of December 14th, 20-year old Adam Lanza opened fire within the halls of Sandy Hook Elementary School in Newtown, Connecticut, killing 20 children and six adult staff members before turning his gun on himself. In the hours that followed, journalists from every major news station in the nation inundated the tiny town, and in the days that followed, the country as a whole started down a familiar path characterized best by the plethora of ‘if only-isms’.
It began in the immediate hours following the shooting: if only we had stricter gun control laws, this wouldn’t have happened. This is perhaps an unsurprising first response in a country that represents 4.5% of the world’s population and 40% of the world’s civilian firearms.[1] Over the next few days, as a portrait of the shooter began to emerge and friends and family revealed that he was an avid gamer, a second theory surfaced in the headlines: if only our children weren’t exposed to such violent video games, this tragedy never would have occurred.[2] [3] And just in the past few days, public discourse has converged on the gunman’s mental health, the general conclusion being that if only we had better mental health services in place, this wouldn’t have happened.[4][5] (The National Rifle Association [NRA] even tried to jump on board, suggesting that “26 innocent lives might have been spared” if only we had an armed police guard in every school in America.[6] They seem to be the only ones taking themselves seriously.[7]) Continue reading
Tony Coady on Religion in the Political Sphere: Part 2, Deliberative Restraint
In his second Leverhulme Lecture on November 22nd, Professor Tony Coady focused on the issues underlying the common assertion that we ought to exclude religious arguments from deliberations in the political sphere of liberal democratic societies. Coady traces this idea to arguments by Audi and Rawls on ‘secular reasons’ and ‘public reasons’ respectively, which suggest that the sorts of reasons and arguments made in public policy decision-making ought to be secular or neutral, in the sense of being accessible to all reasonable citizens, on the basis of mutual respect.
However, Coady raises a number of questions that demonstrate the problematic nature of this concept of ‘deliberative restraint.’ Perhaps most fundamentally, how can we in practice distinguish between religious reasons and non-religious reasons? Must an argument cite God in order to be considered a ‘religious argument’ or merely appear to be influenced by religious concepts? The later would probably exclude arguments from the natural law tradition or those based on human dignity, which in fact look quite similar to non-religious arguments. Furthermore, how can we know whether an individual accepts a given reason because it comes from a religious source or because it appeals to him independently? Finally, why do we think that mutual respect requires the articulation of only non-religious reasons in the public sphere? It seems religious individuals can demonstrate mutual respect for fellow citizens in many other ways, through respect for procedural and constitutional practices for instance, without excluding religious arguments. Continue reading
Condom County: Porn, Condoms and Liberty in Los Angeles
On November 6th, while most of the world focused on the United States’ presidential election, the citizens of Los Angeles County confronted a slightly more explicit question at the voting booth: should porn performers be required to wear condoms while filming? Nearly fifty-six percent of LA county voters said yes. Continue reading
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