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Date: Sat, 16 Sep 2000 12:18:48 -0000
To: lojban@egroups.com
Subject: Re: RE:rape, etc.
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From: "=?iso-8859-1?q?Alfred_W._Tueting_(T=FCting)?=" <Ti@fa-kuan.muc.de>

--- In lojban@egroups.com, Ivan A Derzhanski <iad@M...> wrote:

> Confusing US law with law in general is of course unlojbanic.
> But then the lojbanic thing is to say what one wants to say,
> is it not? If it is true that different legal systems have
> different definition of some concept, and if it is also true
> that they name it by words that have meanings outside those
> legal systems (I have used the word _rape_ and its counterparts
> in Bulgarian, Russian and perhaps other languages without ever
> having read its definition in any state's law), then why hunt
> for a single Lojban tanru or lujvo?

Meanwhile I 've learned that the initial topic was meant to be
_non-consensual_ and *not* _rape_, yet now it is.
I agree that there is no need (and no way!) to create a universal
*legal* expression for it in Lojban. But, finding a *common*
expression for=20
it, is nontheless useful (and even necessary).

> > I now see that there can't be kind of legal definition - we have
> > to be fuzzy and just call it "criminal copulation" /zekri gletu/
> > (zergletu) and leave it to the user what he/she (i.e. his/her
> > state's law) defines as criminal sexual intercourse.
>=20
> With all respect to your honour's trade, I'm having a problem
> with the `i.e.'. A speaker's idea of rape (or what have you)
> need not be the same as what the state's law defines as such.
> (In fact, when people do use some such word in its technical
> legal sense, they usually make a point of highlighting that,
> so unusual it is in non-technical discourse.)

Essentially, it has to be! The idea! Not the legal definition itself!
And people do! Otherwise, it would be deeply unfair getting
sentenced for=20
murder, theft, rape etc.
=20
By mentioning "fuzzy" /zergletu/ etc. I didn't want to make a
proposal but just point to a direction.

So, creating a Lojban word for _rape_ (don't like this expression,
_violation_ seems to be less idiomatic), one has to try giving the=20
referent's common semantic idea. In order to not just give the idea
*one* has in mind (as an American, German etc. citizen), it is
necessary=20
to get hold of the common essence by comparing the expression
respective in other peoples' natlangs. I did so with regard to some
natlangs=20
I've access to:
(1) In English, French, Italian etc. it's _violation_ (to force to),
(2) In German, it's expressed by _Vergewaltigung_ (Gewalt=3Dforce,
power, strength etc., here in the sense of _zwingen_ i.e.
_forcieren_),
(3) In Hungarian, it's _er=9Aszakoskod=87s_ (er=9Aszakol=3Dto
force by force etc.), legal: _er=9Aszakos nemi k
=9Az=9As=9Fl=8Es_,
(4) In Romanian, it's (a) _violare_ (a viola=3Dto violate) and (b)
_siluire_ (a silui=3Dto force to, from: _sila_ sentiment de
aversiune/dezgust/
neplacere!!! - this doesn't at all comprise wanted painful violation
in the sense of masochism,
(5) Even in Chinese it is expressed as _qiangjian_ (=B1j=A6l),
again: *forced* intercourse. (qiang2=3Dstrong, violent; _qiang2zhi4_
(=B1j=A8=EE)=20
coercion, compulsion. (again: *not* in the sense of vis haud
ingrata!) Chinese thinking usually is very often quite different from
Western=20
views - here it is the same! You can already see this difference in
the second part of the above compound: _jian1_ (=A6l inter. with
=AB=C1) usually=20
has the meaning of crafty, villainous, false, disloyal, corrupt,
dishonest, treacherous, deceitful, wicket, act as a traitor,
adultery,=20
fornication, obscene, to ravish - etymological deriving from it's 2nd
character showing 'three women'. Here it's used for (illicit)
intercourse.=20
It can be expressed even more precisely as _qingjian_ or _shunjian_
(=B1=A1=AB=C1 or =B6=B6=AB=C1) what is "illicit intercourse with the consen=
t of
the=20
woman", _tongjian_ (=B3q=AB=C1) what is "criminal intercourse" and
_jijian_ (=C2=FB=AB=C1) what is "sodomy" (ji1=3Dchicken).

So, let's find a *common* Lojban expression for that stuff within
this area of globally shared idea!

BTW, the characters are in BIG5 encoding.

.aulun.



