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Feminism: Sex and gender discussions

Trans rights and wrongs - transforming and subverting social rules into legal rules

12 replies

IwantToRetire · 26/04/2023 01:23

... Human rights law was born out of the promise that never again would a state be able to use its domestic law as a justification for oppressing and killing its own citizens. Human rights law internationalises the “social contract” between a state and its citizens, subjecting states to the respect of an international standard of treatment. What became human rights law aims to guarantee the respect of fundamental human rights by the state, the ultimate duty holder. Some of these human rights are classic liberty rights in the Hohfeldian sense; some are claim rights. In the case of claim rights, the duty holder is the state and its liability established by domestic or international courts such as the European Court of Human Rights.

Gender ideology goes well beyond promoting the respect of transgender people’s fundamental rights by the state. It demands that the state compel individuals to adapt their behaviour in response to the wishes of transgender people — and to make them liable in case of failure to comply with their demands.

The mechanism to make this possible is the replacement of the evidence of material reality as a guide for our behaviour, with the belief that self-perception is the only element necessary for the cognition of social relationships. The material reality of sex is replaced with the self-perception of one’s gender identity, a set of interrelated beliefs with little or no connection with material reality. This is the necessary trigger for all the demands that gender ideology places on individuals. ...

... The misrepresentation of trans rights as liberties, rather than claims, is only the first step of gender ideology. The second, and equally important one, is the movement of transforming and subverting social rules into legal rules. ...

Full article at https://thecritic.co.uk/trans-rights-and-wrongs/

Trans rights and wrongs | Alessandra Asteriti | The Critic Magazine

There is one slogan that trans rights activists use frequently: “We just want to pee.” It is a reference to the demand that transgender people be allowed to use the toilets matching their gender…

https://thecritic.co.uk/trans-rights-and-wrongs

OP posts:
Rightsraptor · 26/04/2023 07:45

When did this article appear, OP? I'm getting a message about the page not being found.

nilsmousehammer · 26/04/2023 14:37

Excellent article, thank you for sharing. It's getting plainer and blunter and better explained all the time.

Hagosaurus · 26/04/2023 15:25

Good archiving Bosky, great article, deserves to be more widely read than it probably now will be

IcakethereforeIam · 26/04/2023 16:26

Thank you OP, I'm glad I read that. Good catch @Bosky

IwantToRetire · 26/04/2023 17:06

How very strange that it has been deleted. It was published quite late last night I think (google says 16 hours ago).

I have found the author's twitter feed and she doesn't mention it (hope its not another sent at late night by mistake explanation!) https://twitter.com/AlessandraAster If anyone is on twitter and wants to ask her would be interesting to know.

And thanks for the archive version.

I am not sure that her arguements will be debated widely, if ever published somewhere else. But was really interested in the way she illustrated how we talk about "rights" without necessarily putting them in context.

https://twitter.com/AlessandraAster

OP posts:
IcakethereforeIam · 26/04/2023 17:08

Perhaps it was another first draft mistakeGrin. If it's going to be redrafted and improved I would like to read that too.

Grammarnut · 28/04/2023 12:41

IwantToRetire · 26/04/2023 17:06

How very strange that it has been deleted. It was published quite late last night I think (google says 16 hours ago).

I have found the author's twitter feed and she doesn't mention it (hope its not another sent at late night by mistake explanation!) https://twitter.com/AlessandraAster If anyone is on twitter and wants to ask her would be interesting to know.

And thanks for the archive version.

I am not sure that her arguements will be debated widely, if ever published somewhere else. But was really interested in the way she illustrated how we talk about "rights" without necessarily putting them in context.

My version of The Critic has the article and it's available.

IwantToRetire · 28/04/2023 16:11

Yes you are right the link has been restored!

Maybe it got taken down because some TAs tried to get it banned, but then common sense prevailed.

OP posts:
IwantToRetire · 28/04/2023 16:13

Gender ideology presents “trans rights” as what Hohfeld would call a privilege or liberty: the right to be left alone to live one’s life, the “right to pee”. There is no correlative duty of performance for a liberty. Yet gender ideology demands a lot more than simple liberty rights. What it demands for transgender people, and most vociferously for transwomen, is “claim rights” —the power to affect other people’s behaviour towards that right, establishing a duty directed at the right holder and making them liable for lack of performance.

OP posts:
Bosky · 30/04/2023 01:52

Grammarnut · 28/04/2023 12:42

Good that it has been restored! It is the same link as previously and the article is now also listed on the author's page:

https://thecritic.co.uk/author/alessandra-asteriti/

There has been at least one edit. The subtitle has changed.

In the original version the subtitle was just a repeat of the title. Now it says:

Trans rights and wrongs
There is more than one definition of a “right”

Perhaps it was originally published by accident before proofreading?

Author: Alessandra Asteriti | The Critic Magazine

https://thecritic.co.uk/author/alessandra-asteriti

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