All right, Hunter; we've thrown out the obvious exceptions (and saved devtotees of consensual rough sex simply hours of fretting), but we're left with your comment:
...it is a perilous path indeed to start claiming that anything which can't be quantified can be safely ignored.
But I never said that. I said "emotional distress" was not very easy to put right through legal action. Not only is it well-nigh impossible to quantify ("how much"), it's not usually susceptible to objective verification ("if any"). Would you have the courts take a leaf from the Egyptian Book Of The Dead? ('Twas Mut -- her very name a root of "magistrate" -- who would weigh your heart against her feather. Enter
her court with a heavy heart, and nasty critters would devour your very soul!) The trouble is, we're a bit lacking in Mut, her scales, and the feather from her cap; all our courts share with hers is the sword, a poor remedy for an aching heart.
The rotters of this world, we shall never civilize even at swordpoint. The civil will, usually, recognize when they have trod uninvited upon the feelings of others, and seek to make amends. We can teach civility to our own young; but to attempt to civilize oafs like the one I sat next to on a recent flight is try teaching pigs to sing. Pointless.
We ignore emotional distress at our peril -- and we imperil ourselves even more when we seek to parcel it out in neat units and balance them up as we would our checkbooks.
As you point out,
There are an awful lot of desireable things in life that you can't measure in any meaningful way.
If you cannot measure them, how shall a court bring them about? When will the law know enough has been done? Shall victims rule without limit? Shall offenders set their own terms?
Ideals are nice but they must be achievable. Politeness is only achieved by individual action, and should be our first line of defense against "emotional injury."* Flight, shunning, carefully-directed rudeness and a show of force can all do much when intelligently applied. But the courts? Perish the courts! They're no fix at all in such matters!
--Herself
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*Amusingly, I have been taken to task for my formal, near-Victorian style in memoranda and e-mails exchanged with a supervisior who dislikes having a female tech on his staff. "It's so distancing," says my department head. Yeah, maybe; but it beats opening notes with "You sexist, halfwitted pig...." I'll stick with politeness, and eschew both naked honesty and false bonhomie.