• neatchee@lemmy.world
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    16 hours ago

    It shouldn’t be that confusing, considering this is literally the challenge lawmakers (honest ones, as rare as they are) face.

    There’s a great blog post by Neil Gaiman (despite recent revelations about his misconduct) that talks about “why we must defend icky speech”.

    Long story short, the law is a blunt instrument. If you cannot clearly and accurately define the terms being used in the language of the law then you wind up with a law that can be applied beyond the intended scope. Like when you write laws about freedom of religion and then wind up with The Satanic Temple erecting statues of Baphomet in court houses. Or banning the Bible from library because it contains depictions of violence and sexual deviancy or promiscuity

    These issues aren’t just academic. They have real-world consequences. Like, there have literally been legal rulings made based on the presence or absence of an Oxford comma

    Is that kind of pedantry useful to the average conversation? No, of course not. But there are people trying to make laws that target women, or trans women, and if they can’t accurately define what a woman is then the law can be used to target people they didn’t want targeted.

    Which is one of many reasons why trying to target trans folks with legal authority is a fool’s errand

    • huppakee@lemm.ee
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      15 hours ago

      What shouldn’t be confusing?

      In this particular case the available words are easily found in a dictionary, and if it comes to law you can easily write about cisgender women and transgender women.

      The problem is people that want the word women to not include trans women. They want to say trans women are not women, while also saying trans men aren’t women, and that’s why to them it is gets confusing talking about what gender is. Because once they realise they are basically saying trans people are not people, they subconsciously know they are morally wrong. And it’s confusing when you think you are doing something that is morally right, while knowing (maybe only subconsciously) you’re not.

    • Tartas1995@discuss.tchncs.de
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      16 hours ago

      Honestly, I don’t know what you are trying to tell me. I am not trying to be rude, I just don’t understand. But I have a point that I understood and disagree with.

      Defining words isn’t the “challenge” of lawmakers. Most words used in most legal systems are undefined within it and the rest are defined by words which aren’t defined. E.g. the American legal system is built on that acknowledgement. That is why they work with case law. (Also I wasn’t talking about defining words in a legal setting. So not sure why we talk about it like this)