1. "Well, although the court should punish people by judging as if a fair judge would do, practically speaking, the judges are simply human beings, and they may have bad impression on the teacher because of the difference in age, ......the reasons)"
For such a serious criminal case, we may have jury (the public). Law is design BY the people for the people, ofcourse they know about this.
---> But practically speaking, it is individual persons who make legal judgement. Therefore, even though the judges should make judgements as if a totally fair judges do, it is still possible for the judgement to be affected by the judges' personal impression. After all, there is no "God" here to judge every cases. This is a matter about judicial aspect of the law.
2. It does not matter whether the older ones gets the informaion or not, once they are given the chance, it is THEIR responsibility to grasp the information. For the 11 years old, she is not even given the chance.
It is like predestian who insist on crossing the road on a red light. They will deserve all the consequences. Whereas if it is only a little children below 9 year old crossing, their guardian will e responsible (negligence).
---> Even if the focus is not on if the girls actually get the info., but on if they get the chance to get the info. (since people would be responsible for their negligence if they can, and should find out the info., but they didn't), a 11 year-old girl should be viewed as the same as those who are of older ages. It is bad for girls that they could not get the relevant info. in formal education, no matter how old they are (I don't trust those "sex education" in moral/religious lessons in those schools with religious background). Therefore:
a. it seems that the responsibility that the girls should bear would be smaller (although not to the level of ignorance, but should not be as severe as those negligence) since the students could not get the info. they need in formal education. 唔通叫D女仔個個去家計會排隊?定係叫D女仔排隊買AV??
b. If the girls could just get the info. about sex by means other than formal education, why can't the 11-year-old girl get the info. by other ways?
3. If a social worker lures a mentally disable woman into sex, is that not rape? What about someone who drugged a woman into sex in her disoriented state? The girl is only 11, the parent can be charge for child negligence if she is left alone at home.
---> I think the 2 cases you listed are very different in my view. The former could simply be a case that a boy skillfully ask (or pursuade) the mentally disabled woman for sex. In the case, if the two parties both agree in this sexual arrangement, I see no point to object it. After all, some mentally disabled could still have their own thinking, and have their own right to get want they want (as long as they don't harm others). I don't believe that mentally disabled = irrational. On the other hand, the guy who drugged woman into sex is simply a case of rape. It is simply the man use drug to make the woman to be unable to escape from his rape. If the woman do not want to have sex with the man, I would certainly against it. This man is simply using his force to make the woman to have sex with him, without her agreement. This cause harm to the woman.
For me, the 11-year old girl should have the ability to make her own value judgement, she is not infant after all. Even if she is not so experienced as those 4x year-old woman, I think we should respect her own choice.
4. Quite the reverse, without parents, she will be even more dependent as she will have no one to learn the life lesson from. Who will be more mature? A person who live in a loving family, or a person that live alone in the wild?
Do we need scientific report to support the obvious? (I have read before about it)
--->I belief is quite opposite as yours. Without parents, the children have to train (or even force) themselves to be more mature and to be independent as soon as possible so as to be able to live on their own. Otherwise, how come the "overseas experiences" or "exchange experiences" be so important for students? In fact, students could be more dependent and be more mature if they are placed into a situtation that they have to live on their own, and that's why the "overseas experiences" and "exchange experiences" are so important for the student's personal growth, and so important for the employers in selecting candidates. If the "overseas experiences" are simply those "experience" of living overseas together with parents, it seems not quite useful for students' development (except for leisure). I am living in the love of my family members, it is very 幸福. But it seems that those children without parents are more mature by everyday "training".
In fact, learning from parents is one way of learning, but it is not the only way of learning. People could learn from talking with friends, from some undesirable experiences, etc.
Of course, I am quite interested in your scientific report. Would you mind sharing it with us? Thanks.
4. If having sex with the teacher (who has a wife and child) is rational, what is not? I see 11 year old doing silly things all the time. Yes, they no longer do many things that causes immediate danger, but their foresight is still very short. I suppose you note that we ALREADY places many place off limit for 11 year old to make it impossible for them to be silly. Currently (in Canada at least), it is a crime to leave an 11 year old at home alone.
---> Having sex with others, once considered all possible consequences, and adopting suitable measures, and could get mutual agreement of all parties involved, it seems that this is nothing "irrational". Even if the sex partner is her teacher (or former teacher), if the girl have taken into consideration of all relevant factors, she would still be rational. The target (or the profession of the target) is, for me, quite irrelevant in deciding if the act of sexual behaviours are rational or not.
In fact, for me, I could only see the teacher as "irrational", but not the girl. As some of you said, the teacher could just wait for 7 years more before having sex with the girl such that he could be not liable legally of 衰11. Therefore, it seems to me that the teacher is "irrational" (or "foolish") to miss out the possibility of being caught. On the other hand, the girls are liable on 衰11, and she will not be legally punished. Therefore, I don't see any point to say the girl is "irrational" (of course, i don't mean that the girl MUST BE rational. What I mean is simply that there is no evidence to show that the girl is irrational).
5. Sorry, if a person income cannot support a baby, they should not have a baby. Planning to get welfare for your baby is just irresponsible. It is irresponsible to force the society to pick up the tab for irresponsible individual behaviour.
Will the teacher pay for it? the teacher has a wife and child. It is what is so irrational about the girl. Did she has the life experience to judge WHO can be trusted and who cannot? The teacher is PLACED in a place of trust, not by his merit, but by the guardians. Should he be any stranger on the street, the chance of the girl trusting the bull will probably drop.
---> In fact, for the low income people, it seems that when they engage in sex, they would consider the consequences. And if they adopt some safety measure (e.g. condoms), they should be regarded as "rational" since they are already doing something to minimize the risk, and this is what they think is the best for them. In addition, of course, there is a chance that the teacher will leave if the girl has a baby afterward. But to make this worse case happens, it have to be: 1. The safety measures fails (<10%), and 2. the teacher will leave (which I believe that the chance is low, in the girl's subjective evaluation, at least). But would a normal person simply give up their sexual needs simply because of this worse case's probability is >0? I don't think so. Some people would take into account of this risk when making choice, and some may believe that this chance is too impossible to think of. It seems that normal people having sex would not consider for this worse situtation also...
For the point that the teacher have a wife and a child. I think it is only that the teacher is bad since he do this kind of thing behind his wife. But if he do leave the girl after she has a baby, this would means that the teacher would be even worse. However, it is not sufficient for me to show that the girl is irrational. As I said, a noraml person would also not consider that worse to happen since it is quite unlikely.
For the point about life experience to judge who should be trusted, I think it is perfectly possible for the 11-year-old student to make rational judgements basically. I think they won't be so foolish to follow a stranger that they randomly meet in street. They would "trust" (or at least, make some utterances similar as those trusting the hearer) to people only under some grounds. For example, they would "trust" people in the same school. Of course, there maybe some cases that people trust the wrong person, but such cases also happen even if the victim is much older, and the cheater is within some "reliable organizations" (e.g. some employees in a famous company). Therefore, for me, it seems to me that the girl's ability to judge is under-estimated.
6. Not really. We must understand the differemce in the underlying causes. For the older ladies, it is because of their owned INFORMED choice. For the 11 year old, she is not properly informed.
---> Both are not informed "properly" in the formal education. I don't see any distinctive differences between the 2 groups.
7. The bible issue is not a legal fight. The agency is a government agency backed by the law, but the ruling is not. (You notice there is no judges in the case since the beginning)
The dispute is not whether we should have such an agency or not (which is law), but how the details on agency should operate (which is not exactly law, but government administration).
--->According to the post:
http://www.exchristian.hk/forum/ ... 1388&extra=page%3D1
淫審處 is a judicial institution. The dispute is something about law.
P.S.: I think one of the main differences between our view is that if the 11 year-old girl is "qualified" to be "rational". For me, she is; for you, she is not. From my personal experience, the girls (and boys also) are very 早熟, and are not as naive as the children before. I don't know if it is a good sign or not. But I think they do have the basic ability to make judgements
[ 本帖最後由 weakest 於 2008-1-20 18:28 編輯 ] |