Char-Nobyl said:
Therumancer said:
The differance is that I never said it wasn't a crime, or that the TG wasn't entitled to legal protection. I said there were aggravating factors. There is a substantial differance there.
Yes. And I, in turn, said that there are
always things that can be considered as "aggravating factors." Assaulting someone because did something relatively innocuous while also being a certain race/religion/orientation does
not qualify as an "aggravating factor."
Therumancer said:
See, argueing tolerance is a fine thing, but remember tolerance of someone's existance does not nessicarly mean you have to stand for what everyone does. Being provoked doesn't excuse an assault entirely, but it does mitigate the penelties.
You keep mentioning how assault is somehow less serious as long as there's provocation, yet I'm not seeing how that's relevant to this situation anyway. Care to explain that?
Therumancer said:
With a lynching, your also talking about murder, not a cat fight with someone getting the crap beaten out of them over a boyfriend.
Oh, I see. It doesn't matter if the person being attacked was beaten to the point of cerebral trauma: as long as it's between women, it's a "cat fight."
Therumancer said:
That's the problem with discussing big issues on The Escapist, people get into absurdities when they don't like the direction a conversation is going on.
It's certainly more valid that what you've said. Apparently, not committing active genocide against a minority group should make them content as second-class citizens.
Well, the idea of a melting pot culture is a touchy one in general because people tend to forget about the whole "melting" part and assimilating to become part of the mainstream. The rights of minorities who want the benefits of citizenship, but don't want to assimilate into the society is a big deal. It goes beyond things like transgender rights, and into issues with larger minority groups like demands for all important media and annoucements to be put into various languages instead of requring people to adapt by learning to speak the dominant language of the culture they are in.
It's a tricky area in a general sense, because while people can make points about minorities becoming second class citizens who are just tolerated, the flip side is that by catering to minority groups you wind up turning the majority into second class citizens.
This is why I make the point about tolerance, nobody has brought genocide into this even as a concept. A more sane way of putting it is that we aren't going to arrest or exile someone for not fitting in. But that doesn't mean the rest of society should be expected to adapt to them or be uncomfortable.
The thing to understand is that in a lot of cases, it comes down to a situation where there is no way to make everyone involved comfortable with something. In such cases, the correct choice is to go with the lesser of two evils, which is simply put to work in favor of whichever side has more people and minimize the number of people who wind up having to make sacrifices or be uncomfortable.
In practice however it's a lot less straightforward than simple matters of JUST looking at a minority group, of whatever sort, against the majority. One major concern is that there are TONS of differant minority groups, and they don't nessicarly get along with each other. In some cases you have situations where you see minority groups having their expression curved specifically to present conflict with other minority groups. An example of this would be say the banning of "ethnic" material in a school, not so much because of the "majority" of white students but because you don't want say the blacks and the Latinos going at it in the hallways when you have ethnic gangs of both sorts in the area. Some guy wearing a stylized "Malcolm X" hat running into a guy wearing a "Latin Pride" T-shirt can lead to a knife fight in some areas. Of course the "evil white majority" gets it from both ends when they come in and institute a dress code banning all similar things, and people scream about being second class citizens, when really it's being done to cut down on the violence. The result of such dress code changes have been mixed depending on the location and exact situation.
The point I'm making here is in response to the point about so called "second class citizens" and perceived attitude that the majority shouldn't have the right to enforce any standards whatsoever. It's not a straightforward thing in a general sense. In most cases you wind up with people who will make arguements based on what they think of the specific group being dealt with. I tend to take one position, and remain consistant with it. While there are going to be exceptions to every rule, they tend to be few and far between. In my case there are groups I like and have sympathy for, but don't think should avoid having to take responsibility for what they do and how people perceive it. A good example of this would be the whole "punk" movement (having grown up in the 80s, it was largely gone before I seriously got old enough), I get the whole non-conformity thing, and can support people who want to dress and act that way on a lot of levels, on the other hand people who do that need to take responsibiluity for it, and you can't with a clear conscience FORCE people to have to accept them, or absolve them of responsibility from the reactions their appearance and attitudes elicit.
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At any rate, when it comes to aggravating and mitigating factors the basic gist of it is that if one person gets under another person's skin, "pushes their buttons" so to speak, the person's actions become less severe because the person they acted against contributed to bringing it upon themselves.
It's sort of like how if you insult someone and they punch you, the guy is going to get in trouble for punching you, but not as much trouble if they had just come and and did it out of the blue, or as part of say trying to beat you down and steal your money.
In such cases what the "buttons" happen to be is irrelevent. Even if the buttons are detestable or something you don't like, simply by pushing them your basically making the assault less severe.
In this case, you might really hate people who don't like or are uncomfortable with transgendered people. However it's not an uncommon attitude. If someone who is obviously transgendered gets into it with someone like that, it's going to push buttons more severely than it would otherwise.
This is at the root of my point about responsibility among those who choose very contreversial forms of expression, no matter how they justify it. If someone approaches them and goes after them just for making a lifestyle choice, that's a hate crime. On the other hand if someone reacts to them from something they initiate, and the reaction is enflamed by their presentation, well that's the risks you take in choosing to go against the grain of society.
I'm not making much in the way of moral judgements, just saying that this is the way things are. Largely because every arguement you can make in defense of a minority "just being that way" can be made about someone who reacts negatively to that group "just being that way" in the other direction. People might not LIKE that point, and want to take sides based on their personal beliefs, but inherantly taking sides causes even more problems.
Thus, in looking at situations like this impartially, it comes down to who actually initiated the incident. The transgendered person was not simply attacked out of the blue, it seems to be a matter of record that they had contact with a male patron, which caused the women with him to react violently. The violence is not inherantly excused, however it's apparently not entirely unprovoked either. Going by the reports, the person being a TG was apparently a factor to those involved, or at least witnessing the incident, it didn't lead
to the inititation of the incident, but apparently aggravated it and probably lead to it's escalation and contributed to the lack of sympathy.
Sadly, by definition a society that is fair to everyone in an absolute sense really isn't possible unless you do something like genetically alter everyone within the society to be the same. You have to work with what is there. Overall someone's right to dislike other people and even hate them, is just as important as someone's right to express themselves. Hence my point about tolerance, and how who initiates a confrontation like this being important.
Outside of this specific incident, in most places and situations simply bu there being a fight, both people involved are going to be held accountable and punished. Fighting in self defense, as opposed to trying to run away first in of itself makes someone liable. In many cases though where the situation is paticularly nasty, there are injuries and/or it's not going to be solved by simply seperating the parties and having them spend a night in a lock up, the issue of who said what, how the people were dressed, whether there were threats made, and of course who inititated first contact, and who threw the first blow can all be incidents. It doesn't apply everywhere but there can be a differance between contact and an attack in certain kinds of incidents. Such as if say a security professional initiates contact by say stepping between someone and an area they can't access (a doorway or access point for example) causing them to run into the security professional, or the holding up of an arm, or presenting a shoulder for similar purposes. This is to differentiate it in court if someone tries to claim that a physical intercession/impedement was a "first strike" and the guy who actually decided to throw a punch was "defending themselves". Of course that's an academic point and has little to do with this incident, and it's a distinction that doesn't nessicarly exist everywhere.