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80 Pound Alien Eats Society’s Foundational Contract

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Posted on March 16 2010 12:45 pm
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Some quick thoughts re JE Tabler’s magnum opus:  Incestuous Child Molestation Is Civilized Society’s Foundational Contract:

First thought – whoa, catchy title. Only by adding the words “Extra Terrestrial” or their functional equivalent “Kirstie Alley” could you have grabbed my attention more fully.  I am nonetheless thankful JE didn’t ask “is the contract still binding if the wife gives birth to an 80 pound alien?”

That unfortunately is the problem. This a great piece on Sharia Law and the oppression of girls/women in Islam – clearly a sweet spot on Ms Tabler’s racket.  Where it falls apart – kind of like that runaway sidecar in the Keystone Cops – is when the argument turns to an attempted refutation of David Forsmark’s Marriage is civilized society’s foundational contract.

If Aisha’s “husband” were to bring her to the U.S. tomorrow the State Department would recognize this instance of child sex slavery as a valid marriage. The institution of selling one’s 10-year-old daughter into a lifetime of being a victim of horrific violence under threat of death is perfectly kosher under current U.S. law, provided that the sale contract was agreed upon in a jurisdiction in which this actually constitutes “marriage,” or probably over the phone with someone in Pedophiliastan.

I fully expected the provided link to take me to the State Department “Regulations in Support of Horrific Violence” page but instead it’s a very pedestrian confirmation that, in fact, there is no age limit for application of spousal sponsorship and, yes, the US recognizes foreign marriages.

Is raping one’s six-year-old niece at knifepoint “civilized society’s foundational contract?”

This sentence can be found in all the better reference volumes under “loaded-for-bear rhetorical questions.” While “do you still stab your wife” is unquestionably another eye-grabber, the argument it introduces has  some problems.

Because Islamic “marriages” carried out abroad are legally valid in the United States, despite the fact that they meet no objective definition of marriage and every objective definition of slavery … should we maintain this lovely status quo simply because gubbmint sanctions it?

Last time I looked murder, rape, statutory rape and forcible confinement (to name just a few) are illegal in the United States. Additionally, any contract in furtherance of illegal acts is normally considered void and unenforceable in the United States.  This is why I can’t sue Toledo Teddy for not whacking Jimmie the Rat despite a generous retainer to do just that (and don’t think I haven’t tried).  Put another way, acceptance of the legality of a foreign marriage does not imply acceptance of any element within that marriage that is against the law.

It is therefore unlikely that under the current or proposed system of agreements a convicted wife-beater will get much mileage out of standing up in the docket and exclaiming, “Hey whoa, I have a contract!”

We can argue for greater enforcement of existing laws (in which you would find me a staunch ally by the way) or the minutiae of case law on this, but the general elements are pretty clear. We can also agree that Tabler’s description of the plight of these women shocks the conscience, but as a counter to the marriage contract argument, it won’t hunt.

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