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Could you elaborate how it follows that the judicial institutions themselves would be reinforcing 'rape culture' in your example? Wouldn't it be more plausible
by rubbingalcohol 7y ago
Could you elaborate how it follows that the judicial institutions themselves would be reinforcing 'rape culture' in your example? Wouldn't it be more plausible that factors external to the judicial systems might be to blame?
- Fellshard 7y agoThe reasoning being, 'if we let the external systems deal with it, they would not judge rightly by our standards.' If they believed it would judge rightly, they would have no reason to institute their own.
- rubbingalcohol 7y agoI don't think that follows. A civil court would not typically rule that a defendant who was found liable by a preponderance of evidence should be expelled from their academic programs. A criminal court less so. These systems are not equipped to handle the specific remedies that an academic disciplinary program should be designed around providing. Zooming out a bit, I don't think the civil/criminal courts failure to be suitable for handling an academic complaint constitutes a reinforcement of rape culture or anything else. That's akin to saying "by not doing something about [some injustice] you're complicit" which is not necessarily true.
- Fellshard 7y agoI believe they would make that claim, again based on their own reasoning.
- Udik 7y ago> A civil court would not typically rule that a defendant ... should be expelled from their academic program True, but nothing prevents an internal committee from simply acquiring the results of the court and applying sanctions on that base. In fact you don't even need an internal committee, you just need a general rule that applies automatically.