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In February 2013, Vassar College student, Xialou “Peter” Yu was accused of sexual assault by fellow student, Mary Claire Walker. The accusation stemmed from an incident occurring twelve months previously in which Walker had accompanied Yu back to his dorm room after a party and initiated consensual sex. Walker herself broke off the coitus early. She had decided that it was too soon after ending her relationship with her boyfriend to embark on a sexual relationship with another man. She even expressed remorse for having “lead Yu on” and insisted that he had done nothing wrong.
Nevertheless, at some point, Walker decided that she had been sexually assaulted and Yu was mandated to stand before a college tribunal. At this tribunal, Yu was refused legal representation, had his attempts at cross-examining his accuser repeatedly stymied, and potential eyewitness testimonies from both Yu and Walker’s roommates were suppressed by the campus gender equality compliance officer. Supposedly because they had “nothing useful to offer.” In what can only be described as a gross miscarriage of justice, Yu was found guilty and summarily expelled.
Unfortunately, the kind of show trials that condemned Yu is not entirely uncommon in American colleges and universities (and, like many social diseases, are starting to infect Australian campuses, as well). They are the result of years of unchallenged feminist influence on upper education. These institutions have swallowed, hook, line, and sinker, the feminist lie that every single woman who claims to be sexually assaulted must be telling the truth.
The problem begins with those who make public policy. The US Department of Education has been seduced by the ludicrous idea that modern, western societies are a “rape culture.” They have brought into the lie that one-in-five women are sexually assaulted on college campuses, despite the fact that this statistic (which conveniently seems to come up with exactly the same ratio no matter where it’s used) comes from an easily disproven web-based survey.
This survey, which was conducted at two universities in 2006, took only fifteen minutes to complete and had a response rate of just 5466 undergraduate women aged between eighteen and twenty-five. Furthermore, it was poorly formulated with researchers asking women about their experiences and then deciding how many of them had been victims of sexual misconduct.
Regardless, the lack of credibility that this survey possessed did not stop the US Department of Education’s Office of Civil Rights from laying out guidelines for handling reports of sexual misconduct. Among these recommendations was that reports of sexual misconduct should be evaluated on the “preponderance of evidence” rather than the more traditional “clear and convincing evidence.” This radical shift in standards of proof means that accuser only has to prove that there is a reasonable chance that a sexual assault occurred rather than having to prove it beyond a reasonable doubt.
It would be an understatement to say the college and university rape tribunals – and the policies that inform them – violate every legal principle and tradition of western law. American colleges and universities have created an environment in which male students can be stigmatised as sexual deviants with little to no evidence aside from an accusation. These tribunals not only violate standards of proof but the presumption of innocence, as well.
That these tribunals have decided to do away with the presumption of innocence should hardly come as a surprise. After all, the mere idea of the presumption of innocence is antithetical to human nature. It is natural for human-beings to presume that someone is guilty just because they have been accused of something. As the Roman jurist, Ulpian pointed out: the presumption of innocence flies in the face of that seductive belief that a person’s actions always result in fair and fit consequences. People like to believe that someone who has been accused of a crime must have done something to deserve it.
The presumption of innocence is the greatest legal protection the individual has against the state. It means that the state cannot convict anyone unless they can prove their guilt beyond any reasonable doubt. We should be willing to pay any price to preserve it. And we certainly shouldn’t allow extra-legal tribunals to do away with it just to satisfy their ideological proclivities.
According to an article in the Sunday Mail entitled, “Vote #1 16 and Give Our Youth Their Say”, the South Australian Youth Affairs Council has responded to Business SA’s campaign to halt the disastrous mass exodus of youth from the state by pushing the State government to lower the voting age to sixteen.
The proposition has had a mixed response from the state’s major political parties. It has garnered support from the Australian Greens, and has had received an ambiguous nod of approval from the Labour Party, although Jay Weatherill has admitted that “Labour has no plans to take such a policy to this election.”
By contrast, the SA Liberal Party has reaffirmed its decision to leave the voting age where it is. Meanwhile, Nick Xenophon concurred but added that eighteen-year-olds need better education to be better voters.
Young people have often been used as pawns by the far left. They are perfectly prepared to “let children speak for adults” when the views they espouse align with their position. They are decidedly less willing when it doesn’t. Indeed, part of the motivation for giving sixteen-year-olds the vote is that they are far more likely to be fooled into voting for the kind of lunatic, far-left policies that most reasonable adults won’t.
Teenagers lack the cognitive development, life experience, and emotional maturity to make wise and informed decisions. For all their merits, young people can be reckless, impulsive, and self-centred. As a consequence, they often act without considering the long-term consequences their actions have on themselves or others.
In Britain, those who wish to lower the voting age typically talk about “seeding respect for the political process” and “increasing civic engagement.” However, lowering the voting age is not the way to do this. The true answer to “seeding respect for the political process” and “increasing civic engagement” is to educate youth on the political process, and foster a culture of responsibility and community engagement. As the conservative Youtube star, Roaming Millennial reminded her audiences, voting is a responsibility, not just a right.
This week for our weekly cultural article we will be examining the David Lean’s (1908 – 1991) 1946 film Great Expectations, considered to be one of the greatest British films ever made. When it was released in 1946, it was met with glowing reviews. Today, seventy years later, it has been described by Criterion as “one of the greatest translations of literature into film.”
David Lean’s Great Expectations captures the essence of Charles Dicken’s (1812 – 1870) literary genius by juxtaposing his memorable characters with the artful film direction of David Lean. Leans use of black and white to add to the foreboding and melancholy atmosphere of the film. Then there are the numerous dark, creepy, rundown, and ultimately human locations that burn themselves into the memory: the creepy graveyard where a young Pip first meets escaped convict Abel Magwitch, the Kentish marshes, Miss Havisham’s dilapidated and macabre home whose clocks are stopped at the exact time Miss Havisham learnt of her fiance’s betrayal, 19th century London, Mr. Jagger’s offices whose walls are decorated with the death masks of defendants lost to the gallows, the prison where Magwitch dies, and so forth.
Then there are the wealth of memorable characters the film presents to us. The most notable of these is Pip through whom we see all of the tragedy and injustice of early 19th century England. Pip acts as more of an observer to the world around him than an actual protagonist. We first meet Pip (Anthony Wager, 1932 – 1990) as a young orphan being raised by his overbearing older sister (Freda Jackson, 1907 – 1990) and her kindly blacksmith husband (Bernard Miles, 1907 – 1991). It is during this time that Pip first encounters Abel Magwitch (Finlay Currie, 1878 – 1960), a kind yet ultimately decent escaped convict, in the cemetery, and when his heart is broken by the coquettish Estella (Jean Simmons, 1929 – 2010) and the dishevelled and deranged Miss Havisham (Martita Hunt, 1900 – 1969).
As the film progresses, we see Pip grow into a young man, played by John Mills (1908 – 2005), who, it could be argued, was perhaps a little too old to play Pip in his early twenties. This Pip has been bequeathed a large allowance by an unknown benefactor and travels to London with the view of becoming a gentleman. There he forms a friendship with the Herbert Pocket (Alec Guinness, 1914 – 2000) who helps him refine his manners. The adult Pip finds himself corrupted by the ponce and ceremony of the English upper-class and is ashamed to admit that he would have paid money to keep Joe Gargery, dressed in his cheap suit and awkward manner, away. Pip is forced to reexamine his views after discovering that his benefactor is none other than the escaped convict Magwitch, who was so struck by Pip’s childhood compassion that he was inspired to make something of himself and become his benefactor. Magwitch’s kindness and gratitude cause Pip to regain his lost humanity.
Great expectations represents a type of film that no longer exists: one that deals entirely with the human condition. These films are no longer made because they often do not involve exciting elements, but rather present characters that are flawed and suffering and places these characters in stories that are essentially tragic in nature. These films are no longer made because they do not fit into the blockbuster formula. Rather than the larger-than-life heroes of the blockbuster, films on the human condition feature characters that are ultimately flawed and suffering. These characters are placed in stories that are ultimately tragic in their nature. A far cry from the often over-the-top plots of the modern blockbuster. There is something deeply satisfying about films like Great Expectations which shows normal people to be capable of leading a dignified existence regardless of the tragedy and suffering they are forced to face.