Making laws is never easy and Alfred de Zayas prescribes a mix that places human rights and dignity at the forefront. Our laws need to have simple and complex versions readily available to the public to improve our understanding of how the society we exist in works.

“We also have humanistic “values” that should guide diplomacy and peace-making – including the principle “pacta sunt servanda” (treaties must be implemented, art. 26 of the Vienna Convention on the law of treaties). Let us not forget the general principles of law, including good faith (bona fide), the prohibition of abusing rights (sic utere tuo ut alienum non laedas), and the principle of estoppel (ex injuria non oritur jus) – you can’t have your cake and eat it. Alas, both in domestic and international law there is a high level of bad faith and the tendency to apply double-standards. Major powers make agreements and then break them with impunity. Major powers undermine diplomacy by brazenly lying, by making promises and not keeping then. This subverts the credibility of the entire system of norms and mechanisms. Politicians often forget that keeping one’s word is not only a matter of personal honour – it is an indispensable element of trust in the conduct of public affairs. Among other crucial values that we should promote are Christian values such as compassion, empathy, forgiveness, solidarity.

It is axiomatic that the rule of law functions as a pillar of stability, predictability and the democratic ethos in modern society. Its object and purpose is to serve the human person and progressively achieve human dignity in the larger context of freedom.

Because law reflects power imbalances, we must ensure that the ideal of the rule of law is not instrumentalized simply to enforce the status quo, maintain privilege, and the exploitation of one group over another. The rule of law must be a rule that allows flexibility and welcomes continuous democratic dialogue to devise and implement those reforms required by an evolving society. It must be a rule of conscience, of listening.

Throughout history law has all too frequently been manipulated by political power, becoming a kind of dictatorship through law, where people are robbed of their individual and collective rights, while the law itself becomes the main instrument of their disenfranchisement. Experience has taught us that law is not coterminous with justice and that laws can be adopted and enforced to perpetuate abuse and cement injustice. Accordingly, any appeal to the rule of law should be contextualized within a human-rights-based framework.”

-Counterpunch

Insert comma in title if necessary. :)

Winter-break winding down, Happy New Year all. Let’s tackle 2022 with vigour and aplomb. :)

When one takes time to examine the arguments put forward by the gender religious it quickly becomes obvious that past verbal intimidation and name calling, not many debatable points exist.

“That’s the way feminists have used the terms since the 1970s, as they challenged patriarchal claims that men’s domination and exploitation of women is “natural” because of biology. Patriarchy turns biological difference into social dominance. Feminists have long argued that gender is connected to our sex differences but is “socially constructed” in a way that reflects the unequal distribution of power between men and women over the past few thousand years. Anything socially constructed could be constructed differently through politics.

The trans movement flips that understanding, routinely asserting that gender is not the product of social forces but is a private internal state of being, which may be innate and immutable (opinions in the trans movement vary). In other words, transgender ideology asserts that gender is something one feels and has no necessary connection to one’s body and reproductive system. Trans activists routinely assert that “sex is a social construction,” that the biological distinctions of male and female are not objectively real but are created by societies. Stock painstakingly explains why this—again I’ll use the phrase, though it sounds harsh—doesn’t make sense.

In the preceding paragraph, I wrote “routinely assert” not only because there are differences of opinion within the transgender movement (which is to be expected in any movement) but because I have heard trans activists shift arguments when asked to defend a position (which is an indication of a weak argument in any movement). I once asked a trans activist, “If sex is socially constructed, that implies that it could be constructed in some other way. Do you know of any other way for humans to reproduce other than with an egg (produced by a female) and sperm (produced by a male)? By what means would human reproduction be socially constructed differently?” The activist offered no rebuttal to that, but simply dropped the claim, moving on to assert that trans people know what sex they “really” are and that any challenge to this idea was hateful and bigoted.”

This paucity of argumentative integrity has not stopped the gender-faithful from pushing their agenda and colonizing female spaces in society.

Stock also explains why allowing transwomen—again, males who identify as women—to participate in women’s sports will undermine and potentially eliminate sex-segregated activities that create opportunities for girls and women to thrive. Separate athletic competitions for males and females exist because of the physiological advantage males have over females, and those advantages don’t disappear by identifying as a woman.

Does any of this really matter? Well, it matters to teenage girls who may not want to change clothes in a locker room next to a boy who identifies as a girl. It matters to women at a health club that allows transwomen in a “women only” space. It matters to clients in a women’s homeless shelter that refuses to restrain sexually aggressive behavior of transwomen in order to be “inclusive.” It matters to the woman who is bumped from a country’s Olympic weightlifting team when a transwoman is allowed to compete as a woman. It matters to the women who were sexually assaulted by a transwoman who was housed in a women’s prison. It matters to the lesbians who choose not to date transwomen—because their sexual orientation is toward female humans and not male humans who identify as women—and are then called bigots and ostracized. And it matters to the woman who had to fight to get her job back after being fired for publicly stating that she believes “that sex is immutable and not to be conflated with gender identity.”

Trans activists’ responses to these challenges vary, but they can be reduced to a trans slogan so popular that an LGBT organization in the UKput it on a t-shirt: “Transwomen are women. Get over it!”

To say the least, the meaning of the statement “transwomen are women” is not obvious, either intuitively or logically. It’s a claim that many people find hard to understand, not because they are bigots but because it seems at odds with material reality. It would be more accurate to say: “Transwomen are transwomen, which raises many complex intellectual, political, and moral questions. Let’s work out solutions that respect everyone’s rights and interests!”

Not the catchiest slogan, but accurate and honest. It’s a t-shirt that I think Stock would endorse. She doesn’t condemn or mock trans people but rather seeks deeper understanding to make public policy choices as fair as possible for all.

The problem is that there has never been a public debate or a reasonable discussion of how we are in include the gender religious into society.  It has always been ‘accept every demand, otherwise you are bigot!’.  It has gotten them far, but at the expense of female rights, boundaries, and safety, which is clearly unacceptable in a society that values individuals rights and freedom.

The Mass in G minor, performed by the Netherlands Bach Society for All of Bach, derives its opening from cantata 102, while the other two choruses and three arias are taken from cantatas 187 and 72. Bach probably wrote this and three other ‘Lutheran’ masses to create a safe haven for some of his favourite pieces. The neutral character of a Latin Mass means it can be used on far more occasions than the one specific moment in the ecclesiastical year assigned to the cantatas written in German.

Recorded for the project All of Bach on October 11th 2014 at the Grote Kerk, Naarden.

Tim Minchin’s classic Christmas tune. Enjoy your time with your family and friends while you can.

My dear readers and commentators thank you for staying with me and sharing your thoughts and opinions. You are really quite a swell bunch. :) Happy Holidays to you all and my best wishes in the coming New Year. Treasure and be grateful for what you have.

Sincerely,

The Arbourist.

 

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