People tend to forget that social constructs are very very real things that can have major material impacts on our lives. Those who don't understand this use “it's just a social construct” to dismiss the importance of certain concepts or abstract ideas. But most of human's reality is made out of social constructs.
Yep! Like gender. It may be a social construct but obviously that social construct is very important.
The only reason I can think of to remind people that something is a social construct is to help them remember change is possible and entirely within our control as a society.
The very real use of Force - sometimes of the deadly kind - of this specific "social construct" should make it painfully clear it has real - often life changing - consequences, to even the greatest of fools, but apparently it doesn't.
The point of saying that something is a social construct isn't to say that it doesn't matter, it is to show that it isn't some immutable requirement of nature. It's something we decided to do, and most importantly, could decide to do differently if we all just pulled our heads out of our asses. It's the reply to people who say "it's always been that way" and look at you like you are crazy for suggesting we do something different.
B) why are you following the imaginings and rules that were created out of thin air by sociopaths and psychopaths
C) why do we continue to ignore the societies set up by the other sapient species? They are millions of years older than us, and the basic rules of their societies took us till the 19th century to understand as basic principles.
Ask Chimpanzees, Orcas, Elephants, or many other advanced natural societies that have evolved over the last few million years. They absolutely have a definition of crimes that they will punish if their members engage in those behaviors. Shunning would be the least brutal of their punishments. Capital punishment is far more prevalent.
Those animal crimes are still socially constructed among those various species! Social construct means some thing or dynamic or situation that is created through interaction between numerous actors rather than something extant in the physical world.
I think the broader point is that, if crime is a social construct, it's not natural and unchanging, we can redefine what crime is. Change what's punished and how.
Of course it's a social construct, just like everything else that matters is. If you don't want your live to be determined by social constructs, you would have to live alone in the woods.
That's still not a point at all, just like saying "maybe political change would be good". Like, of course there are incidents where common sense morality and legal practice don't match, that's where lawmakers should step in and change something.
It's really the exception for any aspect of reality to be operating with the approval of everyone affected. Things being socially constructed doesn't mean they are less real, or that they are somehow easier to change. After all, "convincing people that they should think differently about some social construct" is just a clumsy definition of politics.
Failure to pay someone money they are owed resulting in jail time only sounds good when you imagine employers being carted off for not paying employees what they're owed.
It's not so fun when you consider a mother of 2 carted off for missing a car payment.
That wouldn't be practical for most things, especially disposables or perishables like food. It'd be best simply to fine the owner or garnish their bank account. The IRS should enforce wage theft cases since they're the ones with the power to do that.
Yes, also what will happen if you walk out the store with 100€ of groceries depend mostly on how you react.
The thing, is, its not because they're poor that they are going to steal. Homeless people steal a pack of pasta and a water bottle, not a month worth of food.
It does happen, though if someone walk out with 100€ there is more chance he is walking out with a tv than pasta, be an asshole and be belligerant.
In the end the difference goes back to surveillance, it is very easy to prove you are walking out of the store with 100€ of things, there much less surveillance that would even be legal today to see they are paying you correctly. Don't be fooled by the politicians who say "let's just bails every robbers and shoplifter cause bosses withold pays" because this is a zero investment solution. For the politician its just writing, no need to rework the system that is causing the issue or deploy law enforcement. This is literally politics without action, which is indeed nonsensical
Crime is a social construct = wage theft is a social construct, and according to the law of internet arguments something being a social construct means it doesn't matter and/or it's dumb to complain about it, so don't worry, it's all fine.
Setting aside morals and ethics for a moment, intent (and malice) is a key component of crimes. Unfortunately it's easier to show in some cases than others. It's also worth noting that the at-will contract goes both ways in this case. Unfortunately there is an insurmountable power imbalance in this situation.
I was about to say I'm glad I was never in this situation, but I just remembered a time where I switched from an employee to a contractor and stopped getting paid.
Unpopular opinion: I find this comparison a bit off. Compare your theft from the till to your boss taking $100 from your pocket and it seems more even.
Right but, as far as the law is concerned, shorting you $100 is not the same as stealing it from you, because you did not possess it until it was given to you. But that does not mean it isn't a crime, it's just considered a different type of crime.
Stealing from a tin is theft of money in someone else's possession to which you have no right to.
You are owed your wages. It would be a crime not to pay what you are owed, to fullfil their binding legal obligation. We call it theft (because it is) but the distinction is that it's a failure to deliver something in their possession to you.
And the reason the punishment isn't the same is because if we start jailing people for failure to pay money they owe someone else, it is going to hurt the poor faaaar worse than the wealthy or the business owners.
It's just not a good analogy. The point it's trying to make is fine but the example is poor.
Taking $100 is theft. Period. You can't accidentally pocket $100 out of a register.
Boss shorting your check $100 could be an accident. Often not even their accident these days with payroll software. Until it happens consistently it's not guaranteed intentional.
Because the most reasonable explanation for being shorted on a paycheck is an accounting error, meaning no malice intended. Unless the employer tried to keep the money after realizing the mistake, they should at most be given a fine.
Assuming the original post meant robbing the store, that's quite different. There is malicious intent to deprive strangers of their money, and probably at threat of violence. Or even if it was just unattended, the theft is still done with malicious intent. The last situation is much like pickpocketing, so the analogy fits.
If the Law was fair the same amount of harm would be punished by the same sized penalty, quite independently of the method by which such harm was inflicted, and taking $100 from your pocket inflicts exactly the same amount of harm as shorting your paycheck by $100.
There is a reason murder and manslaughter are punished differently. Intent matters when judging people. If you accidentally break an item in a store, that should be treated differently than someone running in there and purposefully smashing the same item.
Just because the rich are protected from their white collar crime doesn't mean the concept of crime as a whole is a social construct.
Crime exists, crime is crime. Your boss short changing you money wouldn't get the same reaction as lifting money from the till but you'd still have legal recourse to either get the money from them or take legal action to sue them.
Double standards under the law doesn't equal "crime is an invented concept."
From my understanding a social construct is something that is that is formed through an agreement between people in a society as opposed to something that is an objective observation of physical reality. Like for example money is a social construct, because we all agree that it has value and treat it as such, even though objectively a hundred dollar bill is just a piece of cloth and otherwise would only have as much value as any other piece of cloth. Democracy is a social construct, marriage, the calandar, gender norms, fashion, and crime are all social constructs. It doesn't mean they aren't "real" things, just that they're only real because we all collectively agree they're real.
If you don't agree with that definition, I'm curious what you think a social construct is and what things you would believe to be social constructs?
The way I viewed it, if they short you a $100 on your paycheck you will have to prove them the hours, bring it to HR and try to get it fixed on the next paycheck. They borrowed $100 for 2 weeks and wasted company time.
If you borrowed $100 from the till for 2 weeks without asking you would just be fired. I doubt any real legal recourse would be brought in either case. They would mark down your register was off and terminate employment.
$100 isn't worth anyones time (In regards to creating a legal case), but it might land you unemployed for a long time and ruin your life.
Mostly on-the-money, but no, they have to prove the hours if the labor board gets involved. And that's a simple phone call, no lawyers or money involved. (Don't sign off on your hours, literally or digitally, if they are not correct.)
And no, you can't "borrow" $100 from the till. That's theft, plain and simple. Many employers have a system by which they can easily loan you a small amount like that. Just ask. You might be surprised. (Often not advertised because of the potential for abuse.)
$100 isn't worth anyones time
No lie. When I was 16, a long time ago, my ex-Marine tough-guy McDonald's manager sat me down over a missing $10. Almost surely my fuck up, but he made it out like I stole. Got very threatening.
Inside I was like, "Are you shitting me?! I make $3.34/hr. Would it be worth 3 hours pay to lose my job you numb nut?!"
Outside, "I... uh... I mean, is $10 bucks worth getting fired? Why would anyone do that? Uh, I made a mistake making change... or something... Uh, I'm sorry. Won't happen again. ^please don't kill me^"
Fuck me. Humiliated and treated like a thief over a measly $10. 35-years later and I still remember that asshole beating up a teenager over chicken change.
Anyway, I went out drinking vodka with my fellow punkers, trashed an abandoned bowling alley, dodged the police helicopter and skated talking to the cops because my friend's dad was cop, crashed at some popular punk's apartment, crawled home in the 100° Oklahoma summer sun, and called in sick. LOL, he fired me and I was grateful. Got my leather motorcycle jacket out of frying those fries and working the register. Fuck 'em. 80's were good times. I got stories. 😁
If you lift money from the till, you can be arrested, prosecuted, and sentenced. Now you are A Criminal™.
If your boss shorts you $100 on your paycheck, you have to politely go ask for it back, and hope they give it to you. Failing that, you get the labor board involved, which takes a whole lot of time, and you're probably going to be fired, whether the boss gives you your money or not.
It's a double standard for the employee; it's an invented concept (for the purposes of controlling labor) for the employer.
Nothing you said was false, but it don't work like that IRL.
If you stole from the till, you did so with malice aforethought. And you are in fact a criminal. End.
If you get shorted, and politely bring it up, the employer will shit themselves making it right. They want no phone calls from the labor board. The employer is guilty until proven innocent in these matters.
Problem is, most folks don't know this, or believe things like you posted, i.e., they'll get fired for a complaint. No, you won't get fired for asking for your pay. LOL, the fucking your employer would receive is astounding, and NOT worth firing you over their mistake.
Guys, if your employer's sins are so egregious, it's a simple call to $State_Labor_Board. Know your rights, and this one is easy. No lawyers, just make a call and state your allegations. Done. Now your employer is on the hook to prove you're wrong.
Employer doesn't like it and fires you? LOL my god, what a mess for them. You could press the attack, but if you're smart you'll walk away with every dollar you claimed, at worst. I've seen it done.
"I worked overtime every week for 6-months and got paid regular hours!"
Did you sign off on falsely worked hours? Well, that's on you. If you didn't, and the employer can't produce records, you get every penny you claimed.
Drinking and driving used to be legal. Now it is a crime.
Nothing changed except our society via our elected representatives opted to enact punishments if an individual is caught drinking and driving.
It is illegal for me to purchase or possess a firearm in Canada unless I acquire a license to do so. If I don’t meet these requirements and am found in possession of a weapon, I will be prosecuted and face jail time if convicted. However, in American states pretty much anyone can own a gun. The guns are the same; the difference is the values each society places on gun ownership and the contexts under which owning guns is a crime.
Canada has no stand your ground laws / castle doctrine. It is almost impossible to mount a defense here if you severely injure or kill someone trespassing in your home unless your life is at risk and even then it is difficult to prove that. Many US states allow people to use lethal force to protect property and there isn’t even a trial. The act in question here is the same; the difference is how our societies have invented and constructed our laws.
I am technically not allowed to cross the border into Quebec, 15 minutes away from my home, purchase a case of beer where it is cheaper, and then bring that beer back across the border to Ontario. The beer itself is not illegal. Consuming the beer is not illegal. The act of transporting the beer across provincial borders is technically a crime.
My friend has a house in Quebec. I have a house in Ontario. Cannabis is legal in Canada at a federal level. It is a crime for my friend in Quebec to grow their own cannabis for personal consumption on their own property. In Ontario, 15 minutes away, I am permitted to grow 4 plants per adult who lives in my household for personal consumption. The pot plants are the same; the social constructs surrounding the plants are not.
There are so many current examples throughout history and throughout the world of things that used to be legal or illegal in different countries, cultures, and societies that are now the opposite. Slavery, segregation, discrimination, gay marriage? Nothing has changed with these acts - society has changed their definition of what is a crime and what is not. That makes crime something that is invented by humans, the nature of which constantly changes.
If you were one of the last 2 people on earth and the other person killed all of your livestock, has a crime been committed? How can a crime be committed if there is no social contract which dictates what the consequences should be for that act?