Tuesday, 9 April 2013

Do You Even Post?

If you're wondering where I am - and if you are, you have only yourselves to blame for not lowering your expectations of me enough - I'm working on squeezing out the last few drops of enthusiasm I have for the law, in preparation for my final coursework deadlines (three weeks away) and my final exams (six weeks away). I've also rediscovered that when I'm not forced to, I actually like learning, and have taken up a few online courses which I am only slightly regretting (I know how to do quantum mechanics, right?). This takes up a fair amount of my time, and therefore the blog suffers. Soz.

My other current focus is exercise; a daily dose of the famed '30 Day Shred' video by Jillian Michaels. To be honest, I'm not making the best out of it since I'm not pairing it with appropriate diet -  I generally don't eat too badly, but I'm at my mum's house at the moment and a cupboard full of snacks you didn't have to pay for is a seductive mistress indeed. However, I am rather enjoying the primitive pleasure of strength training. It's not exactly hardcore, but no matter how piddling the little purple weight is there's a lot of satisfaction in lifting it. And putting it back down. And lifting it again. And knowing that if you just keep doing that, over and over again, you will somehow magically get stronger. Then you can lift a slightly bigger purple thing!

This new fascination with meatheadery has caused me to get perhaps unduly excited about Pain and Gain, featuring real-life Mr. Potato Head Dwayne 'The Rock' Johnson:




I have no idea what this film is about, but I know I need to see it immediately, hopefully in a cinema which will permit me to take my weights in with me.

I have watched this trailer many times and am none the wiser. Granted, I have only just started getting into working out, so maybe there's some sort of bodybuilding shibboleth I'm missing out on which would make the plot seem more straightforward to me. But here's what I can glean from it:

  • At the beginning of the film, Mark Wahlberg is hit by a car, as karmic punishment for lifting too much, or possibly not lifting enough.
  • This has a profound effect on his life and the things he feels confident in doing, such as doing sit-ups on roofs and running from SWAT teams that appear for no reason.
  • All of this is a true story.
  • Salad is for poor people and this makes Mark Wahlberg and the guy from Monk angry, which is a shame because if they find their nearest Pret a Manger they'll find out it's just not true.
  • The Rock is going to change both of their lives, which we know because his entrance is accompanied by a homoerotically throbbing bass in the soundtrack.
  • Mark Wahlberg looks fat when he's underwater. This is possibly yet another factor which is contributing to his anger, and hopefully something that The Rock will know how to solve for him.
  • The way to get over being angry about salad and looking fat when underwater is to beat people up and take their money, but only if you put on a morph suit first. The victims will not mind this because Mark Wahlberg will give them a 'protein shake', which I presume is slang for a sexual act.
  • A shirtless man taunts a woman on a lawn and someone drives a speedboat. 
  • The crew finish their last mission by walking slowly away from an explosion, and get over the inevitable hearing damage it has caused them by going camping together.


Is this what life has in store for me if I continue to train? I do hope so.






Tuesday, 26 February 2013

Review

This weekend, leaving my doomed dissertation in a cloud of dust, I scampered off to the cinema in search of escape, if only for an hour or two, from the great yawning chasm of a pain-laden life which can only end with death. Also, pick 'n' mix. I like the little ice-creams best.

For the first time in a while, myself and my partner (for I am a cowboy) chose to see something we hadn't heard any reviews or recommendations of. We had seen the trailer a lot, first a handful of times about eight months ago and then a handful of times more recently. I'm not sure whether the original intention was to release the film a while back and then it got delayed, or whether we're small children who are just supposed to get really, really excited about films with planes in them, but nevertheless there does seem to have been a fair bit of pushing of this film, which from what I can recall from the multiple adverts is called Drunkplane.




Drunkplane stars Denzel Washington as 'Whip' Whittaker, a confident, sharp and talented pilot, whose charming exterior belies a dark relationship with alcohol, drugs and stupid unexplained nicknames. In the face of a sudden and disastrous technical failure which, in the hands of any other pilot, would result in the deaths of everyone on the flight, 'The Whipster' saves the day with audacious yet brilliant tactics (which involve being upside-down and lots of screaming from the co-pilot). He is lauded as a hero, until an investigation reveals he had alcohol and cocaine in his system at the time. Though his lawyer (Don Cheadle, who I can't help but adore since his bizarre turn in Ocean's Eleven) manages to suppress the result of his drugs test, 'Mr. Whippy' must now come to terms with managing his addiction, in light of both his new fame and the investigation which could put him in prison.


Though I enjoyed Drunkplane a lot, I was also a little bit frustrated by it. Like a cat that would rather play with a cardboard box than the toy it contains, it ignored the more interesting elements of its story in favour of the blander bits. The first twenty minutes depicting the crash are brilliant: entirely inaccurate according to any pilots who have seen it, but absolutely nail-chewing and buttock-clenching. This was followed by a vaguely interesting dialogue between hospital patients about death, which led me to believe that Drunkplane might try and venture into intriguing territory. Sadly it all got pretty standard afterwards. A few themes were touched upon - the nature of religious faith in the face of calamity, questions of morality and what makes a 'hero', the pressures of fame - but they were never properly addressed. Instead we got a cardboard cut-out relationship subplot, which seemed to serve no purpose except "we should have a woman in this film because boobs", and a rushed ending which took all the interesting and ambiguous bits from the film and threw them into a big big fire. There was a moment not too far from the end where the film seemed to say "to be honest booze and drugs are fucking ace and you should do them, because they fix everything". That, to me, would have been a far better ending - maybe not correct, but confrontational and surprising. The audience's reaction would have been to think "blimey, I wonder what that was all about. Maybe I should ask myself some questions about deontological dogma and the true nature of ethics". That would have been good. Unfortunately that seems to be too much to expect from Hollywood, because the film was of course wrong-footing us, and swiftly decided to steer back onto the straight and (inevitably) the narrow. Nonetheless I'd be lying if I said I didn't have a good time, but at a time like this when so many Oscar contenders are out in cinemas vying for your attention, I'd say you could make better use of your £8.40 (jesus) elsewhere.



Verdict: da-na-na-na-na-na-na-na-na-na-na-na-na-na-na-na-DRUNKPLANE!


Don Cheadle isn't finding me funny. That's okay, I entertain myself.

Thursday, 21 February 2013

Why I haven't done the DVD review I planned

Two weeks ago I ordered a package from a popular online retailer worth sixty quid and ended up never receiving it. I checked to see if it was at the local depot, asked my neighbours if they'd taken it in, had no luck, chalked it up as 'one of those things' and felt I had no choice but to order the same thing again, after sending the company (let's call them 'Large South American Rainforest') an email on the off-chance that they'd offer a refund. Today I read the response I got, which was quite friendly and informative. Apparently the driver had delivered the package to my address and left it in 'the shed'.

We do not have a shed. There are, however, some sheds in the allotment on the other side of the street. Unless the Timelord himself popped over to our street, in a new biodegradable Tardis made of pine, these are the only structures resembling sheds in the nearby area. I can only conclude that the courier left my items in one of these (presumably unlocked) sheds, on land that doesn't belong to me and has nothing to do with me, without leaving a note or telling anyone.

According to Large South American Rainforest's couriers, a package is considered 'delivered' if it is either posted through the letterbox, or "left in a secure location at the delivery address provided". Now, being a law student, I have a tendency to get overly involved in trying to pin down definitions of words. This is difficult with a descriptive term like 'secure' because it is not a matter of binary, but of degree. We cannot say at what exact point 'not secure' becomes 'secure'. All we can do is rate an object's security, say, on a scale from 1 to 10, where 10 is 'in a safe, in an armoured car, guarded by Mossad', 5 is 'on my doorstep', and negative 10 is 'in an unlocked shed on an allotment belonging to someone else and OH MY GOD YOU ARE SO STUPID'.

Unless, of course, you want to argue that the courier was trying to make the package so secure, that it was kept secure even from me. Maybe the courier was so aware of this package's value, he believed even the prospective owner couldn't be trusted with it, and so hid it in a place I would never, ever find it. Maybe I am both victim and criminal, in a tangled conspiracy that goes right to the top of the establishment. Come to think of it, where was I when Kennedy got shot?

At this point, you might say "Unperky, you have been watching way too much TV. Probably something involving mysterious, complicated crimes, such as the Scandinavian cult TV hit 'The Killing'!" Well, you'd be wrong. I haven't watched The Killing. I bought it on DVD two weeks ago and some fucker hid it in a shed.

Monday, 4 February 2013

Mate, I suck.

So about two months ago, I wrote a post on this blog that actually got some attention. Somehow. What's more, the post in question took hardly any effort from me to write. Like lightning from my fingers, like Athene  born from Zeus's brain, like all sorts of bad similes it just came out of me. Unlike this post, which is currently being squeezed out of me like pus. From a stone. Made out of armour. This burst of productivity came as a delightful surprise, because my typical writing process has all the speed and flow of an aging St. Bernard dragging an obese man through a snowdrift.

Rather than capitalise on this newfound attention, I scampered off to eat Christmas food and roll around in snow. I left this page to lie fallow, or to grow weeds, or to whatever the shit happens to fields when you don't tend them. I don't know, I don't garden. I've a few ideas for how to get back into writing again, but it's difficult because I'm still not sure exactly what I want this blog to be. When I first created it I thought "eh, whatever, it can be anything I want it to be" but I'm starting to feel like if I have more of an idea of what its content should be, I'll have more of an idea of what to write in it. Having no parameters at all makes this space seem a lot more intimidating than it should be. Nonetheless, I've a couple of ideas for new posts, and whether they 'fit' or not they'll be here and you can read them and maybe you'll go "hmm" or "yes" or "bullshit are chocolate M&Ms better than peanut ones". You can expect to see them up in the next week, so I hope to see you soon. And tell me off if I'm not writing enough. It validates me.

Wednesday, 5 December 2012

Bless any of you if you manage to make it all the way to the end.


First of all, apologies for not putting anything up here for a while. I'd like to say I've been busy with work, but it would be a lie. The nature of my current year at university is that it's pretty coursework-heavy, meaning I have periods of not-very-much-work and then twice in the year I'll have several weeks of HOLYSHITGOTTOREADEIGHTYARTICLESTODAYHAVEN'TSLEPTMORECOFFEEYOUGIVEPLEASEYES. One of these periods is just about to begin (Merry Christmas to me!) so I doubt I'm going to get any bloggier, unless the workload pushes my brain into some sort of superproduction lean mean machine mode. I know most people aren't going to be particularly dying to read this blog, so I'm mainly saying sorry to myself here, for not keeping up the writing practice. But just when it seemed like nothing could fuel the creative fire, a lecturer at my university wrote something dumb and voila! Here's a post for you.

I was feeling disappointment with my university already this week, after it came out that the Christian Union here has had a rule that women couldn't be speakers at any of their meetings for years. Ironically, it's only now that they've actually decided to relax the rule slightly that people outside the group have noticed, and now it's in the national papers that we have a practising medieval sect hanging around the campus, giving hot chocolate to Friday night drunks. Don't eat their warm gooey toasties – the secret ingredient is misogyny!

Then it turned out that a professor here, Julian Rivers, had published an article explaining why the government proposals for legalising same-sex marriage were naughty and bad and would ruin things for all of us. I was taught by Rivers last year, and he always struck me as being rather intelligent and above all, very, very nice. He just exudes niceness. So when I read an article summarising his findings, I wondered if his words had been taken out of context. Fortunately, the full article turned out to be only six pages long so I was quite quickly able to confirm that he hadn't been taken out of context. As parents always say: I'm not angry, I'm just disappointed. I've never read any arguments against gay marriage that weren't ignorant, misleading or just plain silly, so I thought that if anyone could offer a good one it might be him. His area of teaching at the university is Jurisprudence (philosophy of law), a subject which is compulsory on my course though not on all law courses, and a subject that enthrals a few (okay, me) and alienates many others. It has a reputation among students for being not only complex, but rigorous in its approach to arguments (some would say to the point of pettiness). To paraphrase something a fellow student once said: Jurisprudence asks you to define law, then asks you to define 'define'. An academic in the field of jurisprudence – a jurisprude, if you will – should be used to making their arguments precise and as watertight as possible. I was therefore surprised to see that the head of the subject at my university had made an argument that was shockingly poor, lazy, and full of suppositions with no real evidence to back it up.

The report is here if you want to read it: http://www.jubilee-centre.org/uploaded/files/resource_432.pdf

We'll start with the summary:

The Government’s proposal to introduce same-sex marriage seems to rest
on reasons of equality, stability and convenience. But on closer inspection,
these are respectively incomplete, speculative and negligible. As currently
defined, marriage secures the equal value of men and women.

Does it? How? And historically, of course, it has done the opposite – up until relatively recently in the history of marriage, a woman had to give up her rights to own property once she became a wife. And more recently than that, the general expectation was that she would give up her job as well, if the husband could afford to support her. But this is only the abstract, so I'm sure we'll hear an excellent argument in more detail later.

It also promotes the welfare of children. By contrast, the new definition of
marriage will unavoidably call into question its exclusivity, its permanence
and even its sexual nature.

Holy crap! The gays getting married might make my marriage less sexual? I've got to hear about this.

Introduction
On 15 March 2012 the British Government announced proposals to allow two
people of the same sex to enter into marriage by way of civil ceremony. The
responses of major Protestant churches to the proposal have depended substantially on arguments rooted in Scripture and Christian tradition. There is nothing
wrong with this. In a multi-faith democracy we should be encouraged to disclose
our deepest convictions; and where a majority of the population still identify
themselves as Christian, one can expect Christian convictions to carry some
weight. However, plural democracy will only survive if we also offer each other
reasons we can expect each other to share.


It's doubtful that a majority of the population are Christian. Or rather, that many of them are practising Christians. Statistics vary, but the figure seems to be around 10% going to church on a regular basis. http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/03_04_07_tearfundchurch.pdf This report from 2007 shows that though 58% of the UK population identify as Christian, 66% of UK adults have no connection with the church. My mother would probably identify herself as Christian, despite only going to churches for weddings and sightseeing purposes, never praying and never making references to God or Jesus except when she stubs her toe. People who identify with this vague form of Christianity – and there are a lot of them in this country, more than 'real' Christians – probably don't find religion weighs in on their convictions very much.

This is all the more important in an area which shows signs of collapsing into a ‘culture war’ in which mutual hostility takes the place of collective rational deliberation. If the only reasons
against (or for) same-sex marriage are ‘ideological’ or a matter of gut reaction then all we are left with is mutual incomprehension. The purpose of this paper is to set out a non-religious case for retaining the current legal definition of marriage. It does not seek to question the morality of
same-sex relationships, the provision of civil partnerships, or the current law prohibiting discrimination on grounds of sexual orientation. Rather it seeks to answer the fundamental question: should we think of marriage as the sort of arrangement two people of the same sex can enter into? Clearly, a same-sex partnership is like a marriage in some respects, but is it indistinguishable? What, then, is marriage?

Seems reasonable enough. Show me what you've got.

The common law has always defined marriage as the voluntary union for life of one man and one woman to the exclusion of all others. Parliament has altered the age at which people may marry, the family relationships within which marriage is prohibited, the formalities by which marriage may be commenced, the proprietary and financial consequences of marriage, the extent to which aspects of the common life of husband and wife may be enforced by law, and the circumstances and
process by which a marriage may be dissolved. But the essential definition of marriage itself has remained unchanged.

Oof. Bad start.

So apart from all those things which have radically changed the definition of marriage, it's the same, then? Just because the Ship of Theseus has one rickety original part still intact doesn't mean you can say it's the same boat. 'Traditional' marriage advocates often like to say that 'one man and one woman' is the essential core of marriage (though if 'traditional' means 'old' then the most traditional form of marriage is polygamy), but rarely attempt to back up that supposition. Why the man/woman bit, rather than any of the other things that changed? Wouldn't marriage's indissoluble nature have been considered 'essential', once upon a time? It used to be that once you married someone, you were stuck with them for life, unless you happened to be good friends with the Pope. Now anyone can get a divorce on grounds which are relatively easy to prove. (And this is the UK we're discussing – in Ancient Greece divorce was not only permissible but in some cases mandatory, showing the fluidity of the concept temporally and spatially). Marriage used to signal the beginning of cohabitation for a couple, with the wife moving from being the financial burden of her father to the burden of her husband. Now it's common for couples to cohabit before marriage and the general societal expectation is that both will contribute to the rent (unless one is doing full-time childcare). Girls often used to be married off before they'd even had their first period – now it's accepted that no-one of such an age is ready to pair off with someone for life, nor is it accepted that someone should get to choose her husband for her. Oh, and it used to not be a crime for a husband to rape his wife. Might seem insane to us now, but before it was finally outlawed it was a difficult situation for judges to decide on, because to them it seemed to go straight to the heart of what marriage meant – to some, it seemed to be a contract which signed away one's rights to sexual choice, even if the couple were separated. That was part of the 'definition' of marriage too. But maybe we shouldn't look too harshly on the judges who believed such things. It was a different time, the er, early 1990s.

All these factors have had a drastic effect, socially, legally, practically and economically, on what we understand by 'marriage'. Compared to these things, the idea that spouses could have the same biological bits as each other is relatively mundane.

To pretend that we've always had the same 'definition' of marriage, give or take a few little laws on women's rights in the 19th and 20th centuries, is rather disingenuous. It's taking a literal description of what you see in a marriage ceremony - “I see a man and a lady promising themselves to each other for ever” - and pretending that's the be-all and end-all, regardless of how the actual meaning or context has changed. It used to be about forming family bonds (often for financial rather than cuddly reasons), expediency, and societal expectation. Now it's wrapped up in the rhetoric of love, trust and equal partnership, and apart from the odd pushy mother no-one can tell you that you have to get married. It's a voluntary affirmation of the desire to love and be with one another, and same-sex couples are no less eligible to meet these grounds than a straight couple.


At root, the meaning of marriage is socially, not legally, defined.

Well, exactly. Hence what I just said up there.

When a couple decide to get married, they do not start negotiating the clauses of an open-ended contract. Rather, they assume that there is a pre-existing and familiar type of relationship they are about to enter. Marriage has socially-given expectations, purposes or goods, which are
intrinsic to the relationship. This is what we mean by saying that marriage is a social institution. The legal definition of marriage reflects and supports this social consensus, and it seems fair to assume a rather close relationship between legal form and social expectation.

This is just a bit odd. A couple assume there is a 'pre-existing relationship they are about to enter'? That makes it sound like they have to change their relationship to fit social expectations. Doesn't sound like a good thing to me. There are a million different ways in which people go about their marriages, and it's no business of mine (or the law) how they do it. I'm sure there is a general societal expectation of what a 'typical' married couple looks like, but there hasn't been any reason given why that should be enshrined in law (and it generally isn't – adultery, open relationships or living in separate homes are socially considered to be anathema to marriage, but to have laws against them would be unnecessary interference in a private sphere).

Changing the legal definition of marriage will likewise reflect and support a different view of what marriage is and what it is for.

As previously noted, we already have a different view of what marriage is and what it is for, both from each other as individuals and from people in the past. That's not a bad thing.

The debate about same-sex marriage is a debate about using law to change the meaning of
the social institution of marriage. And that affects everyone.

Positively for many (both LGBT folk, their families, friends and supporters, and people who would generally like to live in a more tolerant society). I have yet to see any documented effect it has on straight people who want to keep marriage all to themselves.

The Government’s arguments
The argument from equality
Discrimination on grounds of sexual orientation is unjust, so the current definition is unjust. The
same idea underlies the suggestion that same-sex partners are ‘banned’ from marrying. This argument assumes what needs to be proved. Any law which sets criteria for anything discriminates. When the law discriminates on grounds of a ‘protected characteristic’ (such as sex, race, age, religion or sexual orientation) there is, of course, a presumption that the discrimination is wrongful. In most public contexts, such as political life, business or employment, these distinctions should not be drawn. But sometimes it is right to draw distinctions even on these grounds. For example, the law of marriage discriminates on grounds of age. One must be at least 16 years old. In our society, we do not consider this discrimination to be unacceptable, because it is justified. It is right that children should not marry. The law of marriage also discriminates on grounds of kindred and affinity: one cannot marry a parent, sibling or child, nor a range of more distant relations. But once again, we think this is justified – marriage between close blood relatives is medically unwise and in any case sexualised families are abusive and oppressive – so we do not think of it as discrimination. It is just good moral sense. We need to watch out for unjustified slippage between ‘discrimination’ as the drawing of any distinction and ‘discrimination’ as the drawing of an inappropriate distinction.

I'd say it was pretty simple to judge the difference. One is discrimination that you can make a rational argument for (rather than Rivers' vague attribution to 'good moral sense', whatever that is). The other isn't. And I've yet to see an argument against gay marriage that stood up to rational scrutiny.

Age and sexuality are clearly completely different anyway – the former is an indicator, up to a point, of a level of human development which may lack emotional and intellectual maturity, or capacity for certain things. We have a ton of laws regarding age restrictions – on driving, alcohol, cigarettes, criminal responsibility. Sexuality on the other hand is more comparable in the law with something like race, where the characteristic should suggest nothing inherently different about the person's capacity, personality, intelligence etc. I can't think of any laws where discrimination on the basis of race is considered to be 'good moral sense'.

If anything, ‘equality’ proves too much. Whatever its causes, human sexuality is complex and variable. The commonest form of minority sexual orientation would appear to be bisexuality. This is also a matter of degree. Many people have had at least some fleeting experience of attraction
to someone of the same sex. There are people not sexually attracted to others, or who wish to enter long-term stable but non-sexual relationships of companionship. There are also people who only wish for brief sexual encounters; some of whom are prepared to pay for them. And there are those who enjoy the challenge of maintaining multiple sexual relationships simultaneously. Self awareness, desire, social convention, choice, behaviour and identity are all intertwined in complex ways. The normal condition of human sexuality seems diverse and even chaotic at times. It follows that for marriage to be ‘equal’ on grounds of sexual orientation, the law should not be restricted to just one type of sexually-intimate companionship. Why can’t a man marry two wives? Why isn’t prostitution treated as a form of short-term marriage? Why, for that matter, should single people be deprived of the chance to pass on their pension rights to a best friend? There may or may not be reasons for drawing the legal boundaries in any particular place, but until those reasons
are stated, the argument from equality is incomplete.

First of all, there's a misconception here: a confusion between 'sexual orientation' (the gender/sex one is attracted to) and 'sexual expression' (the nature of one's sexual relationships). Ending discrimination in marriage on grounds of sexual orientation in all circumstances is quite simple – allow people to marry someone of the same sex/gender, or indeed someone who considers themselves intersex, non-gendered, genderfluid or whatever else. That would all be covered quite easily by one statute disallowing discrimination on grounds of sexual or gender orientation. Sexual expression is another matter altogether, and one which generally isn't an issue of discrimination in marriage (with the exception of marriages of more than two people), because people who like to only have sex with prostitutes or have one-night-stands or have casual orgies in the swimming pool don't want to get married. Or they want to get married to one person and then do those things anyway, but if their spouse consents and that's their idea of what their marriage should look like, there's nothing the law can do about it. And rightly so. As for whether a man should be able to marry two wives, or whether one should be able to pass pension rights to friends – well, exactly, why not? So long as everyone's happy. But I'm wandering away from the central point here, which is that the argument that 'either you have to defend all of it now or none of it' is a poor one. Gay marriage rights are what people are campaigning for now, there has been no particularly good reason given to discriminate in marriage on the basis of gender or orientation, and this is the one part of marriage law which is being considered right now. One may as well argue 'you can't change the law on a particular crime until you've decided exactly what constitutes 'criminal behaviour', and that means in all circumstances for all situations where someone might have committed what might be a crime'. The law constantly develops and changes with the times; it is never 'complete'. No campaigner on a legal issue claims that the change that they are arguing for will make the law perfect. They merely claim it will make the law better.

There then follows an argument that a marriage will be no more stable than a civil partnership, which I'd agree with, though it's rather convenient that a civil partnership is considered the same as marriage in some parts of the argument and yet different when it suits the person arguing.

The argument from convenience
The difficulties of a small group of people are emphasised at some length by the Government. Currently, the marriage or civil partnership of a transsexual person is automatically dissolved on receiving their newly assigned gender. If their spouse or partner is willing to continue the relationship, a new civil partnership or marriage must be entered into. By making marriage gender-blind, this will no longer be necessary. Rather, the parties could choose to affirm and continue their marriage. This problem affects only a tiny number of people and the inconvenience of entering into a new civil partnership or marriage must be minor compared to the trauma of gender dysphoria and medical and psychological treatment for reassignment. In any case, civil partnerships would still have to be dissolved in cases of gender reassignment, which shows that again the Government does not take its own argument seriously. The argument from convenience is negligible.

Trans people (which is the generally accepted term, not 'transsexual' as is used in the article) are a minority, and they've had to go through a bunch of horrible stuff already, therefore we shouldn't bother. Nice.

Marriage secures the equal value of men and women
One of the goods of marriage is that it confers social recognition on a relationship which is dependent on the gendered ‘other’. Thankfully, we live in an age and society which has
done more than most to ensure that gender roles are fluid, that men and women are equally able to access jobs, careers and other social opportunities, as well as taking up domestic
responsibilities. Yet we still recognise that men and women are in various ways different. The point about equality for men and women is not that the difference is irrelevant, but that both
are equally valuable and necessary.

So you're saying that they're separate but equal. Hey, that's a catchy phrase. Where have I heard that before?

We may struggle to identify all the dimensions of that difference, and disagree about their significance, but as many feminist writers have rightly recognised, ‘gender-blindness’ is not the answer. Genderblindness runs the risk of entrenching norms and practices which typically favour men and are oppressive towards women.

How?

The fact of difference has to be acknowledged and valued if we are to secure equality. That is why we are right to worry about the small number of women MPs or CEOs.

Not necessarily. Some think it would be good to have more women MPs or CEOs because they bring a different perspective; others think it would be good because it shows we do not consider them to be different. None of this has any bearing on whether people who don't conform to the typical idea of men's and women's sexual orientation should be able to get married. This is the problem with the 'men and women are just different' idea – it seems to be all cuddly and still in favour of equality, but what happens when someone doesn't conform? What happens when a man decides he'd rather stay home with his children than be the one who earns the money? What happens if a woman decides she doesn't want to get married at all? Suddenly the cuddly idea of male and female 'roles' becomes oppressive when you don't feel like you magically fit them. The main argument against female suffrage back in the early 20th century wasn't that women were lesser, it was that they had a different 'sphere', and politics wasn't part of that sphere. By now we should recognise this hoary old tactic for what it is, and recognise that equality isn't about being put in a pre-defined role. It's about being able to make a choice as to your role, no matter what your background.

It would be ironic if after having reformed the patriarchal consequences of
marriage the institution itself should become gender-blind.

No, it wouldn't. Also note how the claim seems to be that 'traditional' marriage is now good for women, since women who want to marry women apparently don't exist.

Redefining marriage to be indifferent to sexual identity reinforces [an] individualistic tendency because it turns human society – from marriage outwards – into a matter of individual inclination and choice.

OH NO! You mean people would get to choose whether to get married, and what their marriage means to them? Hold on a minute while I get my pitchfork.

Marriage promotes the welfare of children
A child represents the combined genetic inheritance of his or her parents. She is the embodiment of both, a living testimony to their intimacy and a bearer of the identity of earlier generations. A child is likely to outlive her parents, and so this embodiment symbolises the permanence of marriage as well as its heterosexual nature. We know that these multiple intertwined relationships are important, both on account of the strong natural desire people have to know their genetic parentage as an aspect of their identity, and because of the pain a child experiences on divorce. The child can feel almost literally torn apart.

Because of the pain that everyone in their family is experiencing, not through some magical genetic connection. Or do adopted children not feel pain when their parents divorce?

This means that there is a distinction between sexual union and sexual intimacy. A sexual relationship can be called a ‘union’ not because it is intense, but because it can be embodied in a new human person. Only a man and a woman can form the biological unit capable of procreating another being ‘free and equal in dignity and rights’. No new human being can exist as a living expression of the intimacy of a same-sex couple. Redefining marriage to include same-sex partnerships will have two distinct effects. As far as same-sex couples are concerned, it will close off the question of the impact of same-sex parenting on children. But more importantly, it will
sever the presumptive connections between marriage, childbearing and kinship for everyone.

Which is why we passed that law banning infertile couples from getting married. And from allowing straight couples to adopt or use surrogate parents or IVF, or to choose not to have children. You can't use this argument against same-sex couples without applying it equally to straight couples. So apparently adopting a child, or using the wonder of medicine to conceive one artificially, is not a legitimate way of starting a family. Certainly not as holy as forgetting to put a condom on your husband during a drunken Sunday fumble.

The prevailing view is that there is no significant deficit in same-sex parenting, although a recent major study has called this into question. However, we do know that the distinctive gender roles of a father and a mother are important in the psychological development of children.
It must be at least possible that having two ‘fathers’ or ‘mothers’ will not compensate for the absent mother/father-figure. The data is inevitably recent, and we will not know with certainty for
some considerable time what the effects of same-sex parenting are. Recent changes already allow for same-sex partners jointly to acquire children; redefining marriage will render these developments immune from reconsideration. Such confidence seems premature.

Which is why we passed that law banning single parents. Also, it is incorrect to state that the data doesn't yet show long-term effects: “In June 2010, the results of a 25-year ongoing longitudinal study by Nanette Gartrell of the University of California and Henny Bos of the University of Amsterdam were released. Gartrell and Bos studied 78 children conceived through donor insemination and raised by lesbian mothers. Mothers were interviewed and given clinical questionnaires during pregnancy when their children were 2, 5, 10, and 17 years of age. In the abstract of the report, the authors stated: "According to their mothers' reports, the 17-year-old daughters and sons of lesbian mothers were rated significantly higher in social, school/academic, and total competence and significantly lower in social problems, rule-breaking, aggressive, and externalizing problem behavior than their age-matched counterparts in Achenbach's normative sample of American youth."” (Thanks, Wikipedia!) I actually did a essay myself last year on psychological attachments to fathers and mothers, and found from meta-analysis that there wasn't much difference at all. Evidence suggests that the most important thing isn't the sex of the parent but having parents that actually care – which is almost certain to happen if your parents had to actively try hard to bring you into their family, as same-sex parents do.

Rivers then repeats some of the stuff about how if we allow same-sex marriage we should also allow polygamy, which I've generally covered and could do in more detail but this is really, really long already.

In spite of the relatively easy availability of divorce, marriage is still lifelong in intention. Permanence serves important personal, social and economic goals. The fragility of
marriage is a major cause of harm in twenty-first-century British society. The problem is that stability requires the genie of autonomous choice to be kept firmly inside its bottle. Why should one be so foolish as to sign away one’s future choices for the rest of one’s life? If one is allowed to
choose the terms on which one enters marriage, why should one not choose a less permanent form of relationship?

This makes no sense. Same-sex couples are trying to get married, which to most people in current society represents an affirmation of permanence. They want permanence, not to make marriage less permanent. To say the genie of choice has to 'be kept firmly in the bottle' is not only disingenuous but also a bit creepy, as if to suggest that marriage should have some element of coercion to it.

The permanence of marriage is symbolised by the life of the child who embodies it. But if marriage includes the choice of a relationship which has no intrinsic connection with procreation, why should it not also include the choice of a time-limited relationship?

Again, thank God we passed that law against infertile couples then!

Rivers is missing the point of what marriage means to people, both LGBT and straight. He asks “if people aren't going to make children,” (ignoring the fact that LGBT couples CAN make children by various means, and that not all straight couples can or do) “then what is the point of signing up to permanent partnership?” Apparently the answer “BECAUSE THEY WANT TO” just isn't good enough.

The sexual dimension of marriage will be undermined
In law, marriage is a sexual relationship. Incapacity and wilful refusal to consummate a marriage are grounds for annulment, and adultery is one of the five facts which demonstrate irretrievable breakdown. While in theory one could imagine courts trying to identify same-sex analogies, in practice the law will have to draw a veil over the sexual dimension of the relationship, subjecting disputes to the broad test of ‘unreasonable behaviour’.

Hehe. Correct me if I'm wrong, but Rivers appears to be saying, in some legal and academic terms, “um...how do you know if they've...you know, done it? I mean, with the lesbians, when does it count? Is it when they do the thing with the.....or I mean, is it when they, you know....” This isn't a difficult issue. If your same-sex wife has been sticking her hands down another woman's pants I'm pretty sure that comes under most people's definition of adultery, even if it's not good old-fashioned 'traditional' adultery with a penis and a vagina. Being a bit squeamish about discussing gay sex is no excuse for denying people their rights.

Given that civil partnership need not be a sexually-active relationship, the refusal to allow close relatives to enter into that status is illogical. Marriage will become like civil partnership in this respect, taking on the same illogicality.

Oh seriously, we're doing this? The “If a man can marry another man then next he'll be allowed to marry his sister” argument?

Rivers contradicts himself anyway. Earlier he said that marriage was sexual in nature, and there's no reason why same-sex marriage couldn't be considered sexual in nature also, even if it means we have might have to have a mature discussion about something some people find icky. Also I'd argue that in modern culture marriage is considered more romantic in nature than sexual anyway – the lack of provisions for what constitutes gay consummation doesn't automatically mean marriage becomes totally disparate from our idea of what sort of relationship a married couple has. This argument also ignores asexual people of any orientation, who often still have romantic orientations, and can and do desire marriage which won't involve sex.

There then follows some stuff about how marriage is so solemn because of what it means in Christianity, because of course everyone in the UK is a Christian and the concept of marriage only comes from Christian countries.

Conclusion
The proposal to change the current definition of marriage depends on a sense that the man–woman criterion confers no distinctive social goods and represents an arbitrary limitation. But this is not the case. Marriage affirms the equal value of men and women, and promotes the welfare of children. Moreover, the logic of equal recognition and radical choice means that the boundaries of any new definition will be far more vulnerable. Challenges to its exclusivity, its permanence and even its sexual nature will be unavoidable. Marriage risks becoming any formalised domestic arrangement between any number of people for any length of time. On such a trajectory,
marriage will eventually unravel altogether.

In conclusion, some people wanting to get married, because they see it as a force for good, is going to make the rest of our marriages implode.

**

Sigh. Like I said, I'm not mad. I'm just disappointed.

Friday, 26 October 2012

What I did today

*beep beep...beep beep...*

Thank you for calling Santander. For current and savings accounts, press 1. To make a racist comment and then feel ashamed of yourself, press 2. To end a frustrating series of gnomic dreams, press 3. To fr- you have pressed 1. Please enter your card number.

*enters card number*

Thank you. Please enter your telephone banking number. 

*pauses while looking for something on bank statement that might be a telephone banking number*

Please enter your telephone banking number.

*looks through other bank statements, then bank account policy papers, then birth certificate, then A-level results*

Please enter your telephone banking number. If you do not have a telephone banking number, please enter your card number.

*enters card number...again*

Please enter your telephone banking number.

*fetches battery acid*


Sunday, 14 October 2012

About 'About Elly', about life

As I mentioned briefly a few weeks ago, things have been happening here at Unperky Towers, quite thick and fast, like a big river of things. I even found a twenty pound note today in my washing. Mental.

I've been moving into my new place, getting on with a new (and sadly final) year of university, being extremely excellent and manufacturing my own brand of radioactive children's toys. The usual kind of thing. This has unfortunately not left a lot of time for what I shall call creative growth, because I like to say things that will make people hate me. One of my main exploits this year is being on the committee for a university film society, which at least means that I've been keeping up pretty well with cinema and will get to see at least one or two things I've not seen before each week. Otherwise my artistic imports and exports have gone to fuck. I've barely read, not listened to any music, and I've not even set up the new TV I bought a month ago. As you've noticed, I've not written anything either. My schedule only seems to get heavier as the weeks go on, so I am unsure of how much time I will have for...anything. I can only hope my life will magically make room. Or I could spend less time curled up under blankets. Quite frankly that's an essential though.

Reading this back I can tell that I haven't written in a while, because when I'm out of practice my prose reads like something Jack Nicholson might have typed in The Shining. I really do apologise. I'll learn how to string sentences together again one day. (You really know you've got bad when you're looking back at your teenage poetry and wishing you still had the same level of skill and nuance.) But if I keep babbling, eventually it'll start to sound better. Somehow.

As mentioned, the one thing I have done arts-wise lately is watch films. Here are some mini-reviews from the past month.

About Elly - Iranian film from the director of the subtle intrigueathon A Separation. A group of friends go on a beach holiday, including the eponymous schoolteacher, but when she goes missing tensions arise as the rest of the group tries frantically to work out what to do. It impresses in the same way that A Separation did - it shows you a relatively large number of characters, makes them incredibly well-rounded in a short space of time, and puts them in a tough situation where no-one is good and no-one is evil, but everyone is understandable. It's artful in a way that I don't think I've seen in any other director's work. There's also some stuff about the role of women and class divides and religion and culture (though the film's cast of characters are all from a more well-off and slightly Westernised background), but it never pushes that at you. What amazes is the way the characters and their interplay is better expressed and more detailed in two hours than in some TV shows spanning several seasons. (Except Breaking Bad, of course. Nothing beats Breaking Bad..)

Lawless - fun if fairly standard Prohibition-era movie, from the mind of Australian-born goth-folk-rocker and Burger King enthusiast Nick Cave. (I have heard more than one person report seeing him in the Burger King in Hove. Keep an eye out.) Tom Hardy makes a fantastic performance of grunting while Shia LeBeouf surprises the world by not being shit. Everyone slicks back their hair and acts a bit bluff and manly. Guy Pearce creeps everyone out. All have a good time but will probably have forgotten it in six months.

I've got two more mini-reviews coming up (possibly maxi-reviews if I have the time), but I'm typing this between VITAL APPOINTMENTS so I'll just have to post this for now.


Bye etc.