tag:blogger.com,1999:blog-3829599.post112144911483516115..comments2024-01-28T00:20:40.933-08:00Comments on Agoraphilia: L&S: Contractual RelationshipsUnknownnoreply@blogger.comBlogger6125tag:blogger.com,1999:blog-3829599.post-1121648203119122682005-07-17T17:56:00.000-07:002005-07-17T17:56:00.000-07:00"Every 'crime' or non-crime consists entirely of m..."Every 'crime' or non-crime consists entirely of mental events."<BR/><BR/>I disagree. While many crimes include an intent component, there must also be a physical component. To be convicted of murder, I must be shown to have intended someone's death, *and* someone must die. Even if the crime is only attempted murder, there must be some overt act directed toward someone else's death. <BR/><BR/>The broader point is that some things are more easily verified and enforced than others. The rule "don't touch her breast" is more easily enforced than "don't fantasize about her," because the former necessarily involves an observable event (breast contact) while the latter does nnot. Adding an intentional component to the first rule ("don't *deliberately* touch her breast") makes enforcement more difficult, but it still makes cases in which no contact occurred a non-issue.Glen Whitmanhttps://www.blogger.com/profile/01425907466575991113noreply@blogger.comtag:blogger.com,1999:blog-3829599.post-1121536216464535582005-07-16T10:50:00.000-07:002005-07-16T10:50:00.000-07:00Woo Hoo!!! This is the only time I promise. I want...Woo Hoo!!! This is the only time I promise. I want a blank copy of this contract.<BR/>S C.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3829599.post-1121486050111510232005-07-15T20:54:00.000-07:002005-07-15T20:54:00.000-07:00“no touching of lips or genitalia with other peopl...“no touching of lips or genitalia with other people"<BR/><BR/>Don't you mean no touching of lips to the genitals of other people. I guess you really mean no concretisation of one's sexual fantasies with anyone else.<BR/><BR/>Every "crime" or non-crime consists entirely of mental events. You only enjoy a sexual fantasy or real sex for that matter because it registers mentally. All the five senses relay information to the brain. What you are really getting at is the restriction of one's sense organs, aren't you, e.g., you shan't smell another girls perfume (up close and personal) or ogle her breasts or kiss her lips or taste her sweet sweat etc. Hey, I'm getting excited just THINKING about it. But isn't that where I came in!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3829599.post-1121466211145652962005-07-15T15:23:00.000-07:002005-07-15T15:23:00.000-07:00the bright-line-rules-are-good line is a bit glib,...the bright-line-rules-are-good line is a bit glib, of course. often times, they can be counterproductive or confusing. it's nontrivial determining when they are good and when not. it is the reason why there is ample room to argue for or against common law rule-making, statutory modification and codification, judicial or administrative discretion, etc. (and analogs of these in private organizations)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3829599.post-1121449573256894032005-07-15T10:46:00.000-07:002005-07-15T10:46:00.000-07:00Good point, Steve. This is an excellent demonstra...Good point, Steve. This is an excellent demonstration of the problem of incomplete contracts: it's impossible for parties with limited time and mental resources to anticipate every possible contingency in a contract. As a result, every contract will leave some aspects of the agreement unspecified. Of course, cybersex is now common enough that wise relationship contractors ought to foresee it -- but changing technology may eventually raise new possibilities that were unforeseen.Glen Whitmanhttps://www.blogger.com/profile/01425907466575991113noreply@blogger.comtag:blogger.com,1999:blog-3829599.post-1121449387693716002005-07-15T10:43:00.000-07:002005-07-15T10:43:00.000-07:00Hey Glen ... how does cyber-sex figure into this a...Hey Glen ... how does cyber-sex figure into this analysis?Steven Horwitzhttps://www.blogger.com/profile/00470758334242360804noreply@blogger.com