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From: matt@brl-tgr.ARPA (Matthew Rosenblatt )
Newsgroups: net.abortion
Subject: Re: Something NEW...
Message-ID: <2774@brl-tgr.ARPA>
Date: Mon, 4-Nov-85 09:12:38 EST
Article-I.D.: brl-tgr.2774
Posted: Mon Nov  4 09:12:38 1985
Date-Received: Tue, 5-Nov-85 21:35:26 EST
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Organization: Ballistic Research Lab
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>> How does Mr. Rosen know what the "underlying reason" behind English
>> common law or Jewish religious law was?  [MATT ROSENBLATT]

> The same way you do.  Only I don't base my opinions on other presumptions
> that I hold to "get" things I like.  Odd that YOU can assert your choice of
> underlying reason, but I am subject to a bizarre line of questioning when I
> state mine.  [RICH ROSEN]

I'm sorry I didn't quote any source.  Since Mr. Rosen learned about the 
reasons behind English common law the same way I did, he probably remembers
reading Bracton, Coke, Blackstone and Pollock & Maitland when he was
studying Criminal Law back in law school.  In Bracton's time, SEVEN
HUNDRED YEARS BEFORE MY TIME, it was illegal to rape "matrons, nuns,
widows, concubines and even prostitutes" -- hardly a law desiged to
protect men's property rights in virgins!  Moreover, after a rapist
(like any other felon in Bracton's time) was put to death, his land
and money were forfeited -- not to the woman's father, but to the
woman herself -- hardly a vindication of any man's property rights.

As far as the Jewish religious law goes, a good indication of the Divine
intent behind the prohibition of rape comes from Deuteronomy 22:25-27:
  
    (25) But if the man find the damsel that is betrothed in the 
 field, and the man take hold of her, and lie with her, then the man
 only that lay with her shall die.  (26) But unto the damsel thou
 shalt do nothing; there is in the damsel no sin worthy of death;
 for as when a man riseth against his neighbour, and slayeth him,
 even so is this matter.  (27) For he found her in the field; the
 betrothed damsel cried, and there was none to save her.

Now, if "this matter" is "as when a man riseth against his neighbour,
and slayeth him," G-d is saying that rape is bad for the same reason
that murder is bad.  That sounds more like "rape is bad because it
hurts people" than "rape is bad because it violates the property 
rights of women's 'owners' ".

					-- Matt Rosenblatt