I predict, however fancifully
and hopefully, that Americans will come to realize that the mass shootings,
riots, and frequent murder of young black men will only come to an end after
Bill Cosby is exonerated.
The simplest question is this:
which is worse? For one innocent man to go to jail, or for fifty women to get
raped? It’s obvious; it’s not a matter of opinion: the former is worse.
Fifty innocent victims are
well aware of their own condition and victimhood; trauma is made bearable by
the comprehension of one’s own virtue, which is, after all, amplified by
victimhood. Such is the Socratic notion of victimhood, though there is of
course the more contemporary, Sartrean alternative: that we must be held
responsible for our own happiness and misery. In this case, fifty women getting
raped equates to fifty individuals who knowingly and willingly entered into
relationships, of one sort or another, with a man whom they had reason to
suspect. It may be true that the reasons they had to suspect him were
unsubstantiated, but all the more reason remained for them to be held
responsible for disbelieving them.
From a Socratic point of view,
the fifty victims each come out better off, each one prospering morally through
the relative immorality of their oppressor, but only because they do not unify
against him, in depravity, (for what else is a lynch mob?) but continue to
stand alone in dignity, preserving the value of the individual by so doing.
Conversely, should an innocent
man or even a guilty man be convicted without hard evidence to incriminate him,
the precedent would be set for the erosion of the entire legal system. No
longer would the law be designed to protect those INDIVIDUALS who lie above it,
but rather it would be sabotaged and commandeered to serve those GROUPS who
definitionally lie BENEATH IT. Any woman who testifies on behalf of this
erosion would be guilty, and then nothing could justify or alleviate her
suffering.
Furthermore, we know that our
system is just so long as it prioritizes the protection of innocence above the
punishment of guilt. We cannot reverse the sorrows of the past, but we can
prevent further sorrows from emerging OUT of those sorrows, which is precisely
what is prone to happen in the ABSENCE OF a Just Law. Punishment is only the
THIRD function of the Legal System; the first is prevention of a crime, and the
second is prevention of mob rule. We must ensure that prior to any consideration
of punishment, which can only PARTIALLY assuage the TRUE victim’s suffering,
and less so to the extent that that victim possesses the virtues of mercy and
forgiveness, we prevent the ABSOLUTE suffering inflicted upon an arbitrary
SCAPEGOAT.
If we might consider the
possibility that one man lies about fifty women, we must just as surely
consider the EQUAL possibility that fifty women would lie about one man. It would
simply be mad to consider not only that the sheer number of accusers can sway
the scales in their favour (when obviously only hard evidence can tip them),
but also to consider that ANY rational being would commit so grotesque a fallacy
(the most chilling fallacy: ad populum)
would already be a form of betrayal against all Humanity.
Regardless of whether or not
the man is guilty, we must preclude the conclusion until evidence is produced,
and though I feel patronizing for explaining this, as though to children, I
should humbly remind my readers that the more people we entertain who attest to
something without evidence, the more obviously invalid is the testimony, for
evidence has a way of coming forth when enough people are invested in finding
it; even ONE person, operating independently, can find evidence for a mystical
phenomenon if he or she is sufficiently “biased in favour of one’s own confirmation”.
If even ONE person has that
sort of access to any truth, why can’t a mass of fifty? Certainly, numbers
begin to tip the scales in the defendant’s favour. We know the motivations for
lying, especially since they are no more noble when one enters into employment
for a man that one inwardly resents. We also know that conspiracy needs not to
have centralized leadership in order to mount; a stand-alone complex can be
founded entirely upon an idea, a meme which is propagated through a mass media
which we are all participating in. If people burned witches in a time before
computers, based entirely upon appeals to authority on the part of the clergy,
how much more vulnerable are we now, when each one of us can hear the same
sermon through a cell phone that we carry in our pockets!! If media normalizes behaviour,
yet we all co-create culture, and the former passive relationship to “truth” is
counterbalanced by the active role we take in synthesizing it, then is it not
TRANSPARENT that out of the seven-point-seven billion people inhabiting Earth,
whose access to the Internet is championed by the United Nations, a measly
fifty might produce a lie that is only as effective as our primitive instinct
to feel uncomfortable speaking out in a large crowd, a vestige of our tribal
heritage which is then sublimated through the channels of a global stage to the
same extent that we feel the drive to transcend our tribes and to become global
citizens??
Again: despite this, we are
all alone. Only the defendants and the plaintiffs truly KNOW what happened, and
even they might profoundly disagree. But consider our one alternative to
Socrates: Sartre. (Since one has yet to find a more convincing critic or a
third option outside of proto-Fascism.) Suppose that all of these women truly
are guilty not only for their perversion of the Law but also for their
victimhood itself. MUST they live with the shame of what they have done to
their scapegoat? Ought these fifty GUILTY women not to go free of that, instead
of imprisoning him?
[({Dm.A.A.)}]
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