Would it even be worth it to try policing superheroes?

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Gaidin
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Re: Would it even be worth it to try policing superheroes?

Post by Gaidin »

Simon_Jester wrote:Right.

Basically, you can't make any kind of coherent sense about law in comics because law in comics is used entirely as a plot justification for maximum dramatic effect.
Well, laws in comics seem to be specifically designed to antagonize a group. Hilariously so.

Laws in real life are designed to give the group time to obey it before enforcement goes into effect. And then if you break it, well, as such, it will be enforced. Now, whether laws in comics could constitutionally stand may or may not be debatable given what we've seen people get away with given human judge's emotions in the past and what fears might lead to.

And that's just law.

Once that's passed, an Agency needs to form a policy that lets them execute the law in such a way that they're able to with the resources they have at hand. God save them if the sides are so divided that there are no supers live so utterly normal lives as to sign up for a federal job and make a normal living. Because, good luck HRT with taking down Luke Cage without blowing up a building accidentally. You'd better hope he cooperates. You'll have better luck sending in one lone agent and saying "Please sir, come with us" and don't even bother with the handcuffs because he can just break right out of them whenever he feels like it. And they should probably damn well know it.

And that's just Luke Cage. Medium level brawler. Let's not get into what happens when an agency missteps when they're trying to handle Ms. Marvel and something goes wrong when she thinks a law's unfair, but an Agency is required to enforce it and she is actually legitimately trained.

Ouch.
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Re: Would it even be worth it to try policing superheroes?

Post by Elheru Aran »

I think it goes without saying that such an Super-Police Agency would *have* to employ a number of supers of their own. There's no reasonable way they could do their job otherwise.
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Re: Would it even be worth it to try policing superheroes?

Post by Q99 »

Grrlpower talks about Super policing a lot, in a fairly sensible manner (warning, on the fanservice-y side, but still a solid comic)
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Re: Would it even be worth it to try policing superheroes?

Post by Simon_Jester »

I'd like to hear what people think about the idea, which I mentioned earlier, that it is a good policy to encourage metahumans to 'register' in some sense and have some kind of paper trail tying them to the government, to give them incentives to do so rather than giving them incentives to live as renegades, refugees, or hobos.
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Re: Would it even be worth it to try policing superheroes?

Post by Q99 »

Simon_Jester wrote:I'd like to hear what people think about the idea, which I mentioned earlier, that it is a good policy to encourage metahumans to 'register' in some sense and have some kind of paper trail tying them to the government, to give them incentives to do so rather than giving them incentives to live as renegades, refugees, or hobos.

Oh yes, it seems the sensible way to go.
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Re: Would it even be worth it to try policing superheroes?

Post by Khaat »

Simon_Jester wrote:Frankly, it already is. For Cyclops, taking off those glasses under any but the most desperate circumstances is homicidal negligence. Because you cannot knowingly perform an action that a reasonable person would know could result in harm to innocent bystanders or major property destruction.
*emphasis mine*
Yes, the act of not wearing them, and opening his eyes, and damaging some thing or some one would be negligence, but the fact he has an unusual or unique ability itself is not (and cannot) be made illegal unless you abandon the core of our system of law.

Prove metahumans don't deserve rights to privacy, integrity, and body: and please no "worse case scenarios", but all-encompassing (because your law would be) justification to create a second class of citizens.
Prove that a class of people deserve restricted rights because of a perceived-but-as-yet-unproven danger exists from them.

A world in which metahumans have been around since the 40's would look nothing like ours, certainly if there were demi-god powers among them. It would be much darker, or so much changed we would not recognize it, and that doesn't sell comics. And in comics, as has been pointed out, laws like "SUPAA" exists as a plot device or antagonist, not a panacea. You cannot harness a class of people and not separate them.
If "page one" of your system establishes draconian law for all, go for it, but at least own it.
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Re: Would it even be worth it to try policing superheroes?

Post by Khaat »

Purple wrote:
Khaat wrote:
Purple wrote:But that's a function of her good will. And our point is that when your body is a weapon society needs methods which inspire more confidence than the honor system.
Like "Purple should submit to routine 72-hour mental health evaluations because it often ascribes to hold anti-social and psychotic beliefs. Just to keep us all safe. We really don't know what it might just do!"?
Or illegal extra-terrestrials! (oh, wait, that's the premise for Batman Vs Superman....) :wink:
How about we just hold up the rule of Law and those who cross it, face it?
Than we agree.
No, we don't: you want to limit her (all metahumans) a priori ("just in case"), I want to hold her (all metahumans) accountable for unlawful actions she (they) actually takes.
Purple wrote:I have already proven to you that Rogue could if she wanted to "accidentally" kill a lot of people just by doing what everyone in society does every single day without thinking about it. And the only reason she doesn't is because she is a decent human being. But what if instead of her it was me who got those powers? Not having a law that says I have to go above and beyond what regular people do to cover my flesh up would be handing me a license to kill.
Khaat wrote:Yeah, see: Marie isn't stupid, so I think she's already got this covered.
But that's a function of her good will. And our point is that when your body is a weapon society needs methods which inspire more confidence than the honor system.
Our system of law ("honor system") regulates items (things) or actions taken (violations of rights of others), not the mere potential to take action, also holding "innocent until proven guilty."

We regulate explosives (a thing) because they are dangerous (by design), we regulate use of explosives and punish under the law those who violate those restrictions for doing so (an action).
Simon wants to regulate all metahumans based on the infinitesimal number in the total population who have "worst-case" powers, "just in case."
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Re: Would it even be worth it to try policing superheroes?

Post by Purple »

Khaat wrote:Our system of law ("honor system") regulates items (things) or actions taken (violations of rights of others), not the mere potential to take action, also holding "innocent until proven guilty."

We regulate explosives (a thing) because they are dangerous (by design), we regulate use of explosives and punish under the law those who violate those restrictions for doing so (an action).
Simon wants to regulate all metahumans based on the infinitesimal number in the total population who have "worst-case" powers, "just in case."
I am not sure you are interpreting him the same way I am than.

Basically the way I see it the main issue is the "he can't help it" defense. As in, say you have a radioactive man. There needs to be a legal framework by which he can be held accountable if he exposes other people to radiation through negligence on his part. And it needs to be set up such that the fact he newer chose to be radioactive is irrelevant. Him being radioactive is not a crime until he zaps someone. But the law needs to be prepared for if and when he does. We can't just be on the honor system.

And in some extreme cases like said radioactive man there needs to be a framework in place to educate him so as to give him the knowledge and tools to prevent harm to others. This I do not see as an invasion of his person but as something genuinely meant to help him first and foremost because assuming he is a decent human being he will not want to zap people and thus appreciate such help.
It has become clear to me in the previous days that any attempts at reconciliation and explanation with the community here has failed. I have tried my best. I really have. I pored my heart out trying. But it was all for nothing.

You win. There, I have said it.

Now there is only one thing left to do. Let us see if I can sum up the strength needed to end things once and for all.
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Re: Would it even be worth it to try policing superheroes?

Post by Simon_Jester »

Put this way. I can't go around handling radioactive materials in public spaces just because I want to, without first certifying it with the Nuclear Regulatory Commission.

Why does the radioactive man enjoy a privilege (of being free to ignore the consequences of radiation for other members of the public) that I do not enjoy, just because in his case the radioactivity is inside his body?
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Re: Would it even be worth it to try policing superheroes?

Post by Khaat »

Purple wrote:Basically the way I see it the main issue is the "he can't help it" defense. As in, say you have a radioactive man. There needs to be a legal framework by which he can be held accountable if he exposes other people to radiation through negligence on his part. And it needs to be set up such that the fact he newer chose to be radioactive is irrelevant. Him being radioactive is not a crime until he zaps someone. But the law needs to be prepared for if and when he does. We can't just be on the honor system.
It already does: we have laws about inflicting harm on others: use the existing laws. Creating new laws specific to a minority is opening the door to abuse tearing out the foundation of law, especially when those laws remove the rights that others not in that minority continue to enjoy.
Purple wrote:And in some extreme cases like said radioactive man there needs to be a framework in place to educate him so as to give him the knowledge and tools to prevent harm to others. This I do not see as an invasion of his person but as something genuinely meant to help him first and foremost because assuming he is a decent human being he will not want to zap people and thus appreciate such help.
Extreme cases cannot be the basis for prejudicial law.
Would it be better if Radioactive Man was educated? Sure, once his ability begins affecting others (the first possible time we could even know about it), getting him help would be ideal*.
Would it be better if Radioactive Man had support and education in controlling what he can't? Sure, but I don't have faith in "Registration" of a specific class of people.
Would it be better if you and some of the people you know lost your rights to life, liberty, and the pursuit of happiness because you might have an unknown-to-you power to manipulate high-energy McGuffin-tron particles in a neighboring spiral arm galaxy (if only you were closer)? I don't believe it would.

I don't know if you and I are dancing around the same point (mostly).
- I have no issue with laws (as applied to all) applied to metahumans. Police them like anyone else, all the live-long day.
- What I am against is laws specifically excluding the same protections and freedoms others enjoy from metahumans. This creates a second-class of citizens based on a tiny handful of "worst-case risk" individuals.

*it never works out that way in the comics (Marvel's Civil War, Mutant Registration Act), or in real life (US Patriot Act.)
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Re: Would it even be worth it to try policing superheroes?

Post by Crazedwraith »

Simon: Ostensibly because they did not choose to have radioactive powers and therefore we should not legislate based on it. It is a matter of moral principle. Your argument is one of practicality.

Personally I would make it illegal to harm someone with powers, with there use an aggravated factor such as a weapon. If the radiation-man harms people simply because of existing he would be guilty of negligence. You prosecute for what they have done or failed to do not what they are

This does fall into difficulty in a telepathy or invisibility situation where powered crime could be difficult to detect.
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Re: Would it even be worth it to try policing superheroes?

Post by Khaat »

Simon_Jester wrote:Put this way. I can't go around handling radioactive materials in public spaces just because I want to, without first certifying it with the Nuclear Regulatory Commission.
Because the thing or the improper use of it is regulated, not you. And actually, you can!* You will merely be punished for that act under existing laws after you have. And your radioactive gunk will be confiscated by the authorities, because it's a controlled thing.
Simon_Jester wrote:Why does the radioactive man enjoy a privilege (of being free to ignore the consequences of radiation for other members of the public) that I do not enjoy, just because in his case the radioactivity is inside his body?
He doesn't, he isn't. Someone suffering radiation burns because of his "glowing personality" is already a criminal act under existing laws that he has now broken. Otherwise he gets to enjoy the "privilege" of freedoms and human rights enjoyed by all, same as you.
Please stop using these extreme scare cases to prop up you position: law doesn't make people illegal because "murder happens", it makes the act of murder illegal.
The majority of characters in comics (and, well, all in reality) do not have "Death Field Radiation, Uncontrolled" as a power, and all metahumans do not deserve to have their rights removed because one might.

*I strongly recommend against such actions, however
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Re: Would it even be worth it to try policing superheroes?

Post by Purple »

Khaat wrote:Please stop using these extreme scare cases to prop up you position: law doesn't make people illegal because "murder happens", it makes the act of murder illegal.
The reason we are using such extreme cases is because those are the only ones that matter. Any law designed to be at all practical and sane is going to define many degrees of being metahuman. And those definitions are going to effect most metahumans to little or no degree. It is in fact only extreme examples like radioactive man that are going to have their lives noticeably effected. Nobody is going to make laws specifically designed to oppress naturally pink haired man.
It has become clear to me in the previous days that any attempts at reconciliation and explanation with the community here has failed. I have tried my best. I really have. I pored my heart out trying. But it was all for nothing.

You win. There, I have said it.

Now there is only one thing left to do. Let us see if I can sum up the strength needed to end things once and for all.
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Re: Would it even be worth it to try policing superheroes?

Post by madd0ct0r »

I spent a little while last night searching for the law that states a punch from a pro-boxer will be treated as equivalent to assault with a weapon. Seems it is an urban legend, although common law judges will take skill, training and ability into account when apportioning the degree of fore knowledge of consequences.

There are laws to permit the dention of someone considered a harm to themselves or others, be that self harm violent delusions, epidemic class diseases . But note that detention of aids sufferers is not a developed nation trait, so a line is drawn between that and Ebola, somewhere.
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Re: Would it even be worth it to try policing superheroes?

Post by Khaat »

Purple wrote:The reason we are using such extreme cases is because those are the only ones that matter. Any law designed to be at all practical and sane is going to define many degrees of being metahuman Jewish/Black/Palestinian/Romani/liberal/Japanese/gay. And those definitions are going to effect most metahumans [the list] to little or no degree. It is in fact only extreme examples like radioactive man that are going to have their lives noticeably effected. Nobody is going to make laws specifically designed to oppress naturally pink haired man.
Fixed it for you.
Actually, Simon's SUPAA would make it criminal to be a metahuman, if you hadn't surrendered your rights to privacy and Registered. Y'know, because vestigial wings are soooo threatening.
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Re: Would it even be worth it to try policing superheroes?

Post by Purple »

Khaat wrote:
Purple wrote:The reason we are using such extreme cases is because those are the only ones that matter. Any law designed to be at all practical and sane is going to define many degrees of being metahuman Jewish/Black/Palestinian/Romani/liberal/Japanese/gay. And those definitions are going to effect most metahumans [the list] to little or no degree. It is in fact only extreme examples like radioactive man that are going to have their lives noticeably effected. Nobody is going to make laws specifically designed to oppress naturally pink haired man.
Fixed it for you.
Actually, Simon's SUPAA would make it criminal to be a metahuman, if you hadn't surrendered your rights to privacy and Registered. Y'know, because vestigial wings are soooo threatening.
I seriously do not see why you object to registration on its own. It is just plain paranoid. It's no different than those nutjobs who think a gun registry means the state is going to march in and take away all your guns or that a voter registry only exists so parties can pick and chose who gets to vote. It's just plain anarchist paranoia.
It has become clear to me in the previous days that any attempts at reconciliation and explanation with the community here has failed. I have tried my best. I really have. I pored my heart out trying. But it was all for nothing.

You win. There, I have said it.

Now there is only one thing left to do. Let us see if I can sum up the strength needed to end things once and for all.
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Re: Would it even be worth it to try policing superheroes?

Post by Khaat »

Purple wrote:I seriously do not see why you object to registration on its own.
Did you not see the part where metahumans no longer have the same basic rights as others? Only for one segment of the population by happenstance of birth. I don't have to be paranoid to see the degradation of basic human rights for a select segment of the population as a threat to what our culture holds dear (or is supposed to.)
Most of the metahumans may not even have a "dangerous" or "useful" (read "harness-able/exploitable/weaponizable") power, but they lose their rights "just because."

And we are talking about a comics/movie-based-RAR!-type-thing here: mandatory Registration never ends well in the comics/movies. "Someone" takes charge of the "benevolent program" and it goes sideways/off the rails. That's just awareness of dramatic convention, not paranoia.

And modern society would not look like it does today with metahumans in our culture since the 40's (when the US was putting Japanese-Americans in camps because some might be spies or saboteurs: all "best intentions.")
Purple wrote:It's no different than those nutjobs who think a gun registry means the state is going to march in and take away all your guns or that a voter registry only exists so parties can pick and chose who gets to vote.
This is people we're talking about. And once passed into law, they have lost rights!
Purple wrote:It's just plain anarchist paranoia.
Anarchist to stand by the principle of Equal Protection Under The Law? (Read those last two words again, I'll wait.)
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Re: Would it even be worth it to try policing superheroes?

Post by Purple »

Khaat wrote:[Did you not see the part where metahumans no longer have the same basic rights as others? Only for one segment of the population by happenstance of birth. I don't have to be paranoid to see the degradation of basic human rights for a select segment of the population as a threat to what our culture holds dear (or is supposed to.)
And what exactly is this right that the average, non extreme metahuman would be loosing? Last time I checked there was no such thing as a right to not have your basic identifiable traits known. Why should naturally pink haired man have any more right to complain about his pink hair being recorded by the government than a guy that dyes his hair pink?
Most of the metahumans may not even have a "dangerous" or "useful" (read "harness-able/exploitable/weaponizable") power, but they lose their rights "just because."
Again, what right exactly do they lose by being registered?
And we are talking about a comics/movie-based-RAR!-type-thing here: mandatory Registration never ends well in the comics/movies. "Someone" takes charge of the "benevolent program" and it goes sideways/off the rails. That's just awareness of dramatic convention, not paranoia.
That is entirely down to the fact that in the comic books the entire plot line is set up to create mutant-human conflict. If god (the author) wants something to end up a certain way than it will end up that way. It has no relevance on the real world.
And modern society would not look like it does today with metahumans in our culture since the 40's (when the US was putting Japanese-Americans in camps because some might be spies or saboteurs: all "best intentions.")
This entirely depends on when such powers start appearing in history. There is no reason to believe they would appear in the 1940's instead of say the 1040's or rather the 10'000's BC. The OP does not specify things either way. And lacking any data I fail to see a reason why such a radical thing would only develop so late in human evolutionary history when we know that evolutionarily we have changed very little since the stone age otherwise.

Again, this is your comic book knowledge talking. You need to stop using them as a reference and approach the discussion with an open mind.
Anarchist to stand by the principle of Equal Protection Under The Law? (Read those last two words again, I'll wait.)
Protection from who? The evil government?

I will put this bluntly. If you ever feel that your society has fallen so far that you can not trust the government to act in the best interests of its people it's time for a revolution. And so far no country in the western hemisphere is that far gone.
It has become clear to me in the previous days that any attempts at reconciliation and explanation with the community here has failed. I have tried my best. I really have. I pored my heart out trying. But it was all for nothing.

You win. There, I have said it.

Now there is only one thing left to do. Let us see if I can sum up the strength needed to end things once and for all.
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Re: Would it even be worth it to try policing superheroes?

Post by Khaat »

Purple wrote:Why should naturally pink haired man have any more right to complain about his pink hair being recorded by the government than a guy that dyes his hair pink?
The guy who dyes it isn't on a registry.
Purple wrote:Again, what right exactly do they lose by being registered?
How about privacy? Medical history? Right to habeus corpus? Right against unreasonable search and seizure? That pesky Bill of Rights thing.
Purple wrote:That is entirely down to the fact that in the comic books the entire plot line is set up to create mutant-human conflict. If god (the author) wants something to end up a certain way than it will end up that way. It has no relevance on the real world.
Two words for the Real World: Patriot Act.
Purple wrote:
Khaat wrote:And modern society would not look like it does today with metahumans in our culture since the 40's (when the US was putting Japanese-Americans in camps because some might be spies or saboteurs: all "best intentions.")
This entirely depends on when such powers start appearing in history. There is no reason to believe they would appear in the 1940's instead of say the 1040's or rather the 10'000's BC. The OP does not specify things either way. And lacking any data I fail to see a reason why such a radical thing would only develop so late in human evolutionary history when we know that evolutionarily we have changed very little since the stone age otherwise.
I'm actually running with Simon_Jester's timeline for emergence, I think.... I'd have to scroll through a bunch to find where it was mentioned in this thread. My point is that our modern society today would not look like it does with metahumans rolling around for real. But, hey, let's push the clock back! Why don't we ask our cousins the Homo sapiens neanderthalensis how well we humans get along with rivals. Oh, they don't seem to be answering the phone! Okay, more recently, the Native American Nations.... Hmm, this is curious: no answer. Ok, how about Apartheid South Africa.... well, this is embarrassing! I'm sure I could get through to North Korea!
Purple wrote:Again, this is your comic book knowledge talking. You need to stop using them as a reference and approach the discussion with an open mind.
"Open mind." Okay, you want real world, but not the US Constitution ("hey, open mind!"), not the history of race struggles in the last 250 years of this country ("open mind!"), not the last 30 years of fighting for LGBT equality ("open!"), because one or two metahumans could be really scary! How long do people have to suffer before they qualify to have the rights they were meant to be born with restored? Is there a sliding scale on how long they were oppressed?
Purple wrote:Protection from who? The evil government?
"Evil" may be a step or two too far, but yes, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." C'mon, read along!
Purple wrote:I will put this bluntly. If you ever feel that your society has fallen so far that you can not trust the government to act in the best interests of its people it's time for a revolution. And so far no country in the western hemisphere is that far gone.
Western hemisphere? I'm aware of a few problems we had in Central America that qualify, including one that involved sending in US Marines, just within the last 70 years. But, hey, you should let them go that far before you let them know you disagree!
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Rule #2: Do not be taken in by small signs of normality.
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Re: Would it even be worth it to try policing superheroes?

Post by Purple »

Khaat wrote:The guy who dyes it isn't on a registry.
That depends on where you live. Where I am from and indeed in the entirety of the EU as far as I am aware the government issues nation level ID's which contain a photo. And they keep the data they issue on file. So yes, my government knows my hair color at any given time. Shockingly enough so far the government has yet to use this information to send assassins after me comic book style.

Here is a nice article for you: https://en.wikipedia.org/wiki/National_ ... tity_cards
How about privacy? Medical history? Right to habeus corpus? Right against unreasonable search and seizure? That pesky Bill of Rights thing.
And how is any of that threatened here? We are talking about a government program that keeps tabs on information they can essentially data mine off facebook.
Two words for the Real World: Patriot Act.
A rather extreme example, don't you think? Compare that to the entirety of the remainder of the human legislature across the planet.
I'm actually running with Simon_Jester's timeline for emergence, I think.... I'd have to scroll through a bunch to find where it was mentioned in this thread. My point is that our modern society today would not look like it does with metahumans rolling around for real. But, hey, let's push the clock back! Why don't we ask our cousins the Homo sapiens neanderthalensis how well we humans get along with rivals. Oh, they don't seem to be answering the phone! Okay, more recently, the Native American Nations.... Hmm, this is curious: no answer. Ok, how about Apartheid South Africa.... well, this is embarrassing! I'm sure I could get through to North Korea!
What exactly is your point here? I genuinely can not figure it out. The best I can tell is that you seem to be taking the worst possible examples of relatively recent human history and using them as a justification to call all human behavior into question. But for the life of me I can not figure out what your intention with this is.
"Open mind." Okay, you want real world, but not the US Constitution ("hey, open mind!"), not the history of race struggles in the last 250 years of this country ("open mind!"), not the last 30 years of fighting for LGBT equality ("open!"), because one or two metahumans could be really scary! How long do people have to suffer before they qualify to have the rights they were meant to be born with restored? Is there a sliding scale on how long they were oppressed?
Call me when you stop hyperventilating.
"Evil" may be a step or two too far, but yes, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." C'mon, read along!
1. Not american, don't give a fuck about america, OP was not about america but the whole world.
biostem wrote:Let's say we lived in a universe where superheroes/supervillains, and superpowers are a reality. Next, assume that these abilities range from the fairly mundane to the extraordinary. Assuming that the people with these abilities occur randomly and across all races/ethnicities and places across the planet, and that some keep their powers secret, some use their powers for good, and others use their powers for evil, would it make sense to devote significant resources toward trying to forcibly register and police such people?
2. My argument is in no small part, to put it bluntly that you americans have a nation level culture of anarchist paranoia not shared by most of the world.

3. When discussing the general morality and practicality of a certain course of action in regard to human society as a whole you would do well not assume the rest of the world shares your american paranoid fear of the government.
Western hemisphere? I'm aware of a few problems we had in Central America that qualify, including one that involved sending in US Marines, just within the last 70 years. But, hey, you should let them go that far before you let them know you disagree!
And none of those are so bad that I'd be afraid of the government on a daily basis if I lived there. Well, not my government anyway. The american government is something to be feared if your country is close to america or indeed anywhere where the american empire casts its gaze. But that's a different topic.
It has become clear to me in the previous days that any attempts at reconciliation and explanation with the community here has failed. I have tried my best. I really have. I pored my heart out trying. But it was all for nothing.

You win. There, I have said it.

Now there is only one thing left to do. Let us see if I can sum up the strength needed to end things once and for all.
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Re: Would it even be worth it to try policing superheroes?

Post by MKSheppard »

Simon_Jester wrote:Why does the radioactive man enjoy a privilege (of being free to ignore the consequences of radiation for other members of the public) that I do not enjoy, just because in his case the radioactivity is inside his body?
He doesn't.

He gets buried alive in a vault underground marked "CONTAMINATED WITH LONG LIVED RADIONUCLIDES. DO NOT OPEN WITHOUT PERMISSION FROM ATOMIC ENERGY COMMISSION."
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Re: Would it even be worth it to try policing superheroes?

Post by Simon_Jester »

You're arguing that he should enjoy the special privilege of irradiating members of the public without their knowledge or consent.

I'm arguing that he should be examined by professionals who will evaluate the risk he poses and try to construct the least restrictive possible plan for how he can live as much of a normal life as possible without giving anybody cancer.

Stop strawmanning my position.
Khaat wrote:
Simon_Jester wrote:Put this way. I can't go around handling radioactive materials in public spaces just because I want to, without first certifying it with the Nuclear Regulatory Commission.
Because the thing or the improper use of it is regulated, not you. And actually, you can!* You will merely be punished for that act under existing laws after you have. And your radioactive gunk will be confiscated by the authorities, because it's a controlled thing.
Exactly how does that work when 'it' and 'you' are physically inseparable?

I mean, you seem to be staking out what is to me a rather extreme position, which is that people are permitted to be as reckless as they wish in terms of hazards posed to others by their exotic physiology, so long as "no one actually gets hurt."

Thing is, that's totally out of line with basically every other precedent regarding recklessness. There are a host of examples of reckless conduct being made explicitly illegal regardless of whether anyone gets hurt (e.g. drag racing, drunk driving, discharging a firearm in certain areas or under certain conditions).

The only reason there aren't explicit precedents for criminalizing "reckless handling of superpowers" is that in real life nobody has anything like a superpower- no innate ability to cause major, risky harm to others by accident. Not without special tools, or without abusing some legal authority. And both tools and job status are external, not innate, so we usually define illegal recklessness in terms of the external items. If people had the ability to cause this kind of harm using innate abilities, the law would logically extend to include them.
Khaat wrote:
Purple wrote:The reason we are using such extreme cases is because those are the only ones that matter. Any law designed to be at all practical and sane is going to define many degrees of being metahuman Jewish/Black/Palestinian/Romani/liberal/Japanese/gay. And those definitions are going to effect most metahumans [the list] to little or no degree. It is in fact only extreme examples like radioactive man that are going to have their lives noticeably effected. Nobody is going to make laws specifically designed to oppress naturally pink haired man.
Fixed it for you.
Actually, Simon's SUPAA would make it criminal to be a metahuman, if you hadn't surrendered your rights to privacy and Registered. Y'know, because vestigial wings are soooo threatening.
I explicitly mentioned having consistent, repeated amnesties to cover that. I don't actually want to criminalize "breathing while super," I want to do whatever helps ensure that metahumans are integrated into government policy in a mutually beneficial way.

Also, vestigial wings or other such 'non-power powers' might well not even qualify you as a metahuman under my working definition, since they do not confer capabilities significantly outside the envelope of human performance.
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Re: Would it even be worth it to try policing superheroes?

Post by biostem »

I feel like the main issue here is one of degrees - we regulate radioactive materials - no one has an issue with that. We regulate weapons and vehicles - again, no one really objects with that. Imagine a person that could make a gun gesture with their hand, and have it fire real bullets - why does it now become objectionable to regulate that?
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Re: Would it even be worth it to try policing superheroes?

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Apparently, because when I do drag racing on a residential street it's illegal, reckless behavior, but when I do the same damn thing while being a five hundred pound mutant juggernaut who can wrestle elephants and run eighty miles an hour it's "my right to privacy."
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Re: Would it even be worth it to try policing superheroes?

Post by Formless »

Simon_Jester wrote:I'd like to hear what people think about the idea, which I mentioned earlier, that it is a good policy to encourage metahumans to 'register' in some sense and have some kind of paper trail tying them to the government, to give them incentives to do so rather than giving them incentives to live as renegades, refugees, or hobos.
I'll clarify my position as simply as possible, for those who don't want to read the gigantic argument a couple pages back. I think that a lot of this is already covered by existing laws concerning medical and criminal records, but if we were to do any kind of advanced registry it should be:

1) voluntary-- government coercion or espionage is both unethical and counterproductive in my view. You can read all of my previous objections at your leisure.

2) NOT used for law enforcement purposes; if the cops want the information they should need a court order. This is both to prevent harassment like I said earlier, and because as Starglider said, the cops are known to look for easy answers in their investigations when easy answers are made accessible, and that tends to create injustices rather than putting genuine offenders in prison. This is particularly important when you realize that there is frequently a lot of overlap in terms of who has what abilities in comics-- lots of super strong individuals, lots of telepaths, lots of telekinetics, and often more than one super-speeder.

3) DON'T share it with the public, just in case there is a major stigma against metahumans or even metahumans with a specific ability set. Anyone familiar with the X-Men who are thinking of comic books as their main reference material should know why. Individuals can disclose information to the public at their own discretion, if for instance they are seeking a job. But yeah, I don't think you want ignorant people to start discriminating against telepaths or shapeshifters out of blind fear. Superhumans aren't the only ones known for breaking the law or taking it into their own hands.

4) DO use it for occupational and educational purposes. The best way to lead people away from a life of crime is to make them feel valued by society rather than feared, and the best way to lead them away from vigilantism is to make them feel like they have something else productive they can do with their unique talents. Of course, any that want to enter law enforcement should have that option available. And the odd superhuman who, due to circumstance, saves a bunch of people from disaster should be protected by good samaritan laws like everyone else.

Anything else would probably just backfire, either in reality or in the actual comic book universes (because it has backfired in comic book universe. Multiple times and in multiple franchises.).
biostem wrote:I feel like the main issue here is one of degrees - we regulate radioactive materials - no one has an issue with that. We regulate weapons and vehicles - again, no one really objects with that. Imagine a person that could make a gun gesture with their hand, and have it fire real bullets - why does it now become objectionable to regulate that?
First of all, because not everyone agrees on how we should regulate these possessions you mention, and I should not have to add that gun regulations are particularly touchy with a lot of people. Which is no bad thing, people debate the merits of government regulations literally all the time. But also because of the fundamental problem: how do we regulate superhuman ability? Its not as cut and dried as you make it out to be, because its not just a matter of degree but of kind. As we keep saying, this isn't about regulating goods sold on a market which the government both can and is empowered to regulate. We're talking about regulating people, their natural abilities and body parts. Even in as simplistic an example as you just gave, what are we supposed to do even if he actually shoots someone? Cut off his hand? Fat lot of good that will do you if he can shoot invisible bullets from his other hand too. And it gets worse if he can use other appendages to shoot mime-bullets. And you don't know all the consequences of cutting off his hands-- if he can shoot invisible grenades or cannonballs from the stumps of his amputated wrists, you've just made the problem worse for the people around him and not better, AND you've given him reason to hate the government that took his hands from him. And that is just the practical problem, and ignores the medical ethics problem as well that should be fairly obvious-- do we have a right to amputate his hands to begin with, knowing that we are imposing a serous disability on this person? As it currently stands, the law and every physicians training says no. And there is the problem of justice, because most of this thread has been dealing with the issue of regulating powers before abuses take place. If our bullet slinging mime has never actually shot a person, but does have a talent show routine where he shows off his trick shooting skills, do we have a right to take that away from him on the basis that he could hurt someone? I think most of us on the opposite side of the fence from you find that to be obviously unjust. And again, that's a power that can be obviously weaponized, as opposed to any number of common superpowers like super speed, flight, water breathing, x-ray vision, wall climbing, teleportation, echolocation, invisibility, shapeshifting, telepathy (most of the time, anyway), illusions, animal communication, (and at this point I'm tempted to put "enhanced intellect, but that just shows how ambiguous the idea of superpowers can be) and so on and so forth, often found (in comics) as an array of abilities just one individual possesses. It isn't so simple that you can make an easy analogy to gun registries and call it a day, no matter how many times that analogy is brought up.
Simon_Jester wrote:Apparently, because when I do drag racing on a residential street it's illegal, reckless behavior, but when I do the same damn thing while being a five hundred pound mutant juggernaut who can wrestle elephants and run eighty miles an hour it's "my right to privacy."
Anyone can go drag racing as long as its on a private racetrack. We only police the public roads. :roll:
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