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-   -   Patting the wrists, rolling the eyes. (http://www.lawtalkers.com/forums/showthread.php?t=661)

taxwonk 03-31-2005 11:44 AM

Ty- now is it a scandal?
 
Quote:

Originally posted by Sidd Finch
I suppose you really believe that there is no moral difference between shooting an enemy soldier on the battlefield, on the one hand, and torturing that soldier to death if you capture him.

So, all the treaties about prevention of torture, all the war crime prosecutions that this country has pursued, all the legal principles that distinguish between a soldier doing his duty on the battlefield and a prisoner of war... are just meaningless to you?
No, you have to remember, Club is talking purely about morality, not law. Apparently on his island, the two are in no way connected.

Tyrone Slothrop 03-31-2005 11:45 AM

Tanks for the memories
 
Quote:

Originally posted by Say_hello_for_me
Seriously, his original point seemed to be that our people might have been tried by Germany and Japan had the Axis won.
I was just trying to say that what we did to German and Japanese cities might have be considered more critically if we hadn't won the war, etc. The reasons for that are many. I wasn't trying to suggest that Germany or Japan or the USSR had the same commitment to addressing war crimes, or to put those regimes on a moral par with ours.

Greedy,Greedy,Greedy 03-31-2005 11:48 AM

Presidential Commission on Intelligence
 
So, the President's own commission is chastising the CIA and other intelligence agencies for being "dead wrong" on WMD.

Yet, these are the people who are going to decide who to torture and when, right?

Sidd Finch 03-31-2005 11:55 AM

Tanks for the memories
 
Quote:

Originally posted by Say_hello_for_me
This explains a lot. According to the history books in your schools, Germany got its ass kicked by Norway, France, Poland, Belgium, the Netherlands etc., so Germany never had an opportunity to accuse anyone of war crimes!
You entirely miss Ty's point. His point is not "the Axis would have held trials if they had won." It was that the conduct of the Allies was not morally superior to that of the Axis, and that if the same rules had been applied to the Allies they would have been found guilty. Personally, I disagree with his point on many specifics, and I don't equate the bombing of Dresden or Tokyo to the bombing of Nanking and London. But anyway -- I at least understand his point.

But, even on your theory -- which people from Norway, France, or Poland levelled German cities? Tortured German prisoners? Did something that would constitute a "war crime" under the provisions of the Nuremberg accords?

Each of those countries fell in about a week, without mounting any serious defense and without having the capability to conduct a mass attack on civilians, or do much of anything else.

Moreover, neither Germany nor any other country prior to 1945 even discussed the concept of a war crime. This does not prove anything particular about the Axis; France, Britain, and the US also did not conduct war crimes trials after WWI, despite indiscriminate shelling of civilians, use of poison gas, etc. It was just not a concept that anyone had. The concept of "victor's justice", prior to 1945, entailed summary execution of enemies for the act of being enemies -- and this, the Axis did freely and routinely.



Quote:

You and Ty go to the same public schools?
You want to compare your academic record and your career to mine? That should be fun.



Quote:

Seriously, his original point seemed to be that our people might have been tried by Germany and Japan had the Axis won. My point was that Germany and Japan never evidenced the slightest understanding of even the "concept" of a war crime in World War II, let alone any interest in charging anyone with one, as evidenced by the fact that they never did this with any of the numerous countries they conquered during the course of the conflict.

Again, you misunderstand Ty's point. His point is that, if the same rules had applied to the Allies, they would have been found guilty of the same crimes. He was not making the historical claim that the Axis were likely to hold war crimes trials -- that was an unprecedented notion in 1945. On the other hand, the Axis certainly would have executed people freely, and it defies belief to think that they would not have been a little more upset at the people who bombed cities than at the average foot solder.

Tyrone Slothrop 03-31-2005 12:04 PM

Tanks for the memories
 
Quote:

Originally posted by Sidd Finch
I don't equate the bombing of Dresden or Tokyo to the bombing of Nanking and London.
I don't know enough about the bombing of Nanking to have an opinion. But the bombing of London is an interesting story. The Blitz was initially aimed at military targets -- airplane factories, airfields, etc. One of these was the docks on the Thames. Bombing at night, the Luftwaffe missed its target badly -- as happened often, for both sides -- and bombed a residential area, killing many civilians. In retaliation, the RAF bombed Berlin. Hitler then shifted the focus of the Blitz to bombing London and other civilian areas. (I think I have all this right, but maybe not.) The point being that each side justified bombing the other's civilians as retaliation for what was done to it.

I'm not interested in comparing the moral culpability of the Allies and the Axis. What we did to cities like Dresden and Tokyo was horrific, and was done with only the slimmest of military justifications.

Greedy,Greedy,Greedy 03-31-2005 12:11 PM

A couple of historical points
 
Just a couple points on war crimes - the Geneva Convention predates WWII (though the current conventions were adopted after WWII) - the first Convention was in 1864 and then there was the Hague Convention around the turn of the century and the Geneva Convention in 1929. And the concept of war crimes predates WWII -- there were War Crime trials in Liepzig after WWI, for example.

Historicall, the victor got to hold the trials, and Germany certainly would have held them and would have had a war crimes concept during the war - how the hell they would have defended their own behavior one can only imagine.

bilmore 03-31-2005 12:26 PM

Tanks for the memories
 
Quote:

Originally posted by Sidd Finch
You want to compare your academic record and your career to mine? That should be fun.
You should stop doing this.

Shape Shifter 03-31-2005 12:29 PM

Tanks for the memories
 
Quote:

Originally posted by bilmore
You should stop doing this.
Guess what I made on the LSAT.

Bad_Rich_Chic 03-31-2005 12:39 PM

Question for the Readers
 
Quote:

Originally posted by taxwonk
By the time the Impressionists were around, religious figures had greatly faded as a common motif in art. The Impressionists were much more about Nature and Light.
My question was less about subject matter and more about representational style. The the face of the Virgin (or Jesus, or Elvis) on a cheese sandwich is rarely realistic in a traditional sense, and, perhaps, people were not predisposed to see such things until the impressionists introduced their visual vocabulary into general public awareness.

Sort of a "no one had Freudian dreams until they started reading Freud" thing.

eta I'll stop now, I promise.

Spanky 03-31-2005 12:49 PM

Ty- now is it a scandal?
 
Quote:

Originally posted by Sidd Finch
So it's okay because we thought about it really hard before we did it?

Or, more accurately, after we did it....
You are not listening - I never said it was OK. I was just responding to the phrase - that makes us no different from the Baathists. I heard it during the cold war a lot about the Soviets and I have heard it referenced to the Nazis. I never said what happened at Abu Graib was OK or moral. But, just becaused it happened, does not make us the same as Saddam Husseins regime or the insurgents. They disembowel and behead their prisoners. The kill them and record it on video tape. They also gassed their own people and the Iranians in war just to name a few. We have a long way to go before we get down to their moral level. Our torture of the prisoners may have been a step in their direction, but it was the first step up mount Fuji.

Spanky 03-31-2005 12:58 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Tyrone Slothrop
So I guess the invasion of Iraq did spur Arab democracy movements.
So we now have changed from - it is absurd, naive and ridiculous to think that Democracy is spreading in the middle east. Now that argument has changed to yes- there is a Arab spring - but the elections in Iraq, Afghanistan and Palestine had nothing to do with it.

taxwonk 03-31-2005 01:02 PM

Question for the Readers
 
Quote:

Originally posted by Bad_Rich_Chic
My question was less about subject matter and more about representational style. The the face of the Virgin (or Jesus, or Elvis) on a cheese sandwich is rarely realistic in a traditional sense, and, perhaps, people were not predisposed to see such things until the impressionists introduced their visual vocabulary into general public awareness.

Sort of a "no one had Freudian dreams until they started reading Freud" thing.

eta I'll stop now, I promise.
When you get all cultural and semiotic on me like this, it makes me so want to do you.

Tyrone Slothrop 03-31-2005 01:45 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Spanky
So we now have changed from - it is absurd, naive and ridiculous to think that Democracy is spreading in the middle east. Now that argument has changed to yes- there is a Arab spring - but the elections in Iraq, Afghanistan and Palestine had nothing to do with it.
It's still unclear to me that democracy is "spreading" in the Middle East any more than it has been for a while. If you've never looked in the barn, and then you look and there are cows there, one possible explanation is that the cows just arrived in the barn. Another is that they were there all along, and you never noticed.

bilmore 03-31-2005 01:54 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Tyrone Slothrop
It's still unclear to me that democracy is "spreading" in the Middle East any more than it has been for a while. If you've never looked in the barn, and then you look and there are cows there, one possible explanation is that the cows just arrived in the barn. Another is that they were there all along, and you never noticed.
Interesting progression:

1. The war will not bring elections.
2. The elections will be a farce.
3. The war and the elections will have no effect on anyone else.
4. Everyone else was already democratic. (Or, they had cows. I'm not sure which.)

Tyrone Slothrop 03-31-2005 02:05 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by bilmore
Interesting progression:

1. The war will not bring elections.
2. The elections will be a farce.
3. The war and the elections will have no effect on anyone else.
4. Everyone else was already democratic. (Or, they had cows. I'm not sure which.)
Who said "the war will not bring elections"? Who said they'd be a farce? Establishing a democracy takes a lot more than holding some elections. Back when Clinton was President, Republicans intuitively got this, but they've suspended their disbelief for the last few years.

The CSM article I quoted suggests that the war has had an effect on others. Just not quite the one we'd like. Republicans can ignore the way we prop up dictators across the Middle East, but -- oddly enough -- some Arabs notice it. And it turns out that the model of installing a democracy by having the United States invade and capture your dictator and then hold elections for you is not as readily transferable to other countries -- how odd.

"Everyone else was already democratic." Yes, that's about the level of sophistication about the Middle East that lies behind today's conservative thinking.

Greedy,Greedy,Greedy 03-31-2005 02:33 PM

Question for the Readers
 
Quote:

Originally posted by Bad_Rich_Chic
My question was less about subject matter and more about representational style. The the face of the Virgin (or Jesus, or Elvis) on a cheese sandwich is rarely realistic in a traditional sense, and, perhaps, people were not predisposed to see such things until the impressionists introduced their visual vocabulary into general public awareness.

Sort of a "no one had Freudian dreams until they started reading Freud" thing.

eta I'll stop now, I promise.
I don't buy this. People were seeing appearances of the Virgin in all sorts of place long before a cheese sandwich. The impressionists were also far from the first non-representational painters (if you can call them that, since their work is still far from abstract). Indeed, it is only as a reaction to fifty years of hyper-realism in the French Academe that the early impressionists make sense as not being themselves a representational school. Many of Monet's brush techniques would have been at home in the Netherlands in the 17th century.


(ETA: Wonk is right, though, I love it when you get Semiotic on us. Better than SI.)

Replaced_Texan 03-31-2005 02:36 PM

Mantra
 
Nothing to see, move on...

I hate motherfucking asshole Tom DeLay

Move along, move along. Nothing to see. Keep on scrolling.

sgtclub 03-31-2005 03:36 PM

Ty- now is it a scandal?
 
Quote:

Originally posted by Greedy,Greedy,Greedy
I don't understand why you are limiting this to those who were actively seeking to take a life -- it is pretty clear that we have resisted putting in place any kind of process that makes that determination of guilt prior to the act of torture. The torture being done is done based on the military suspicion, and guilt is part of what they are trying to ascertain by torture.

Even if we assume they are guilty of something, do you still see no difference between torture in captivity versus wounding or killing someone in the heat of battle? Can you discern absolutely no difference between the two you see as material to a discussion of morality?
I'm not referring to the situtation in Iraq and elsewhere per say.

Any difference is one of intent, not one of action. That being the case, I think the "good" to come from that intent needs to be factored in the equation. We all may agree that that torture should be prohibited in nearly all cases, but I think that is a different question than the morality of the action.

sgtclub 03-31-2005 03:36 PM

Ty- now is it a scandal?
 
Quote:

Originally posted by Gattigap
Beyond the other issues of the captive being, you know, captive, unarmed, and in our control, please explain to me why your second category doesn't appear to have the "is actively seeking" requirement.

If this person is defined only by "wanting" to kill me or someone else, I really don't follow your description.
oversight

sgtclub 03-31-2005 03:38 PM

Ty- now is it a scandal?
 
Quote:

Originally posted by Tyrone Slothrop
Relevant to what? I can't figure out what you're defending any more.

The use of force is justified in self-defense. When you have someone in custody, they are not threatening you anymore. Someone else might be, but not them. Rationalizing that it's OK to use force on them in order to forestall a threat posed by someone else is treating them as a member of a group rather than an individual, something that libertarians and conservatives are bothered by, apparently, only when it means that blacks are getting highway construction contracts.
I'm defending the proposition that torture is not always morally wrong.

Force is also justified outside of the self-defence context.

ETA: Nice attempt to try to call me a hypocrit, but your point is laughable.

bilmore 03-31-2005 03:56 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Tyrone Slothrop
"Everyone else was already democratic." Yes, that's about the level of sophistication about the Middle East that lies behind today's conservative thinking.
It takes guts to say this to me following your little cow homily.

Sidd Finch 03-31-2005 03:59 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Spanky
So we now have changed from - it is absurd, naive and ridiculous to think that Democracy is spreading in the middle east. Now that argument has changed to yes- there is a Arab spring - but the elections in Iraq, Afghanistan and Palestine had nothing to do with it.
Serious question -- not intended to be a vote on one side or the other of this debate:

Do you think that Palestine would have had elections but for Arafat's death? And if he had died five years ago, would there have been an election to replace him? If not, what?


I will note that, while I certainly supported the war in Afghanistan it's very hard to say that the county is functioning very well as a democracy -- our attention has been drawn elsewhere, among other things -- and a lot harder to say that it's part of the "Arab spring." (Cue Hank to point out "different towels.")

Shape Shifter 03-31-2005 04:01 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by bilmore
It takes guts to say this to me following your little cow homily.
You have your bees. Let Ty have his cows.

eta: When did you convert?

http://i.a.cnn.net/cnn/2005/US/03/31....prayer.ap.jpg

ltl/fb 03-31-2005 04:13 PM

security clearance
 
if you are elected to Congress, do you automatically get a security clearance (not necessarily top secret or super-duper-extra top secret, but a lower-level one)? Or just if you are on a relevant committee? Or can someone be denied a set on a committee or whatever because they didn't clear or pass or whatever it's called?

Sexual Harassment Panda 03-31-2005 04:48 PM

CNN is reporting...
 
the pope has received last rites.

http://www.cnn.com/2005/WORLD/europe...pe1/index.html

notcasesensitive 03-31-2005 04:51 PM

CNN is reporting...
 
Quote:

Originally posted by Sexual Harassment Panda
the pope has received last rites.

http://www.cnn.com/2005/WORLD/europe...pe1/index.html
YES!!!! I knew that non-fucker would kick it at some point!!!

Oh, did I say that out loud? Sorry. I'll take it to the Celebrity Death Pool board.

Sexual Harassment Panda 03-31-2005 04:52 PM

CNN is reporting...
 
Quote:

Originally posted by notcasesensitive
YES!!!! I knew that non-fucker would kick it at some point!!!

Oh, did I say that out loud? Sorry. I'll take it to the Celebrity Death Pool board.
Like he's not on everybody's list. It's a nonevent over there.

notcasesensitive 03-31-2005 04:55 PM

CNN is reporting...
 
Quote:

Originally posted by Sexual Harassment Panda
Like he's not on everybody's list. It's a nonevent over there.
Hank probably didn't pick him. Too obvious.

Spanky 03-31-2005 04:57 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Sidd Finch
Serious question -- not intended to be a vote on one side or the other of this debate:

Do you think that Palestine would have had elections but for Arafat's death? And if he had died five years ago, would there have been an election to replace him? If not, what?


I will note that, while I certainly supported the war in Afghanistan it's very hard to say that the county is functioning very well as a democracy -- our attention has been drawn elsewhere, among other things -- and a lot harder to say that it's part of the "Arab spring." (Cue Hank to point out "different towels.")
I think Democracy is a highly contagious and almost incurable disease. I think it is contagious, because people are bascially egotistical and selfish. Everyone thinks they should have a say in how the government should run (no matter how little they really understand government). I don't think people necessarily think other people should have a say on how the government is run. Hence, who every runs the government and anyone who has a say usually don't want to add to the number of decision makers. However, what happens is that a large swath of the population figures out that the only way they are going to have a say in how the government is run is if there is a democracy. So they push for Democracy. When a citizen of a country sees that a citizen half way around the globe gets to vote it does not mean much because they cannot relate to that person. But when there cousin, or friend in the neighboring country gets to vote, they think "hey why not me". The other problem is once a people get the right to vote they are going to want to keep it. They get spoiled. In the middle east many Arabs in neighboring countrys of Iraq are saying, hey if they get to vote why not me?

1) While Yassir Arafat was alive a palestininian democracy was relly a joke. Now that he is dead Democracy can happen. But I don't think Israel would allow such elections without pressure from the US. So the Palestinian thing adds to the pressure - but since they are really occupied by Israel, it doesn't mean much. But Iraqi elections really puts on the pressure. It will be even worse once US forces leave.

2) Afghanistan did not have that much influence, and yes their democracy is shakey, but I think it just supplements the pressure created by Iraq. I think Afghanistan and Iraq together are putting a lot of pressure on the Iranians. Not only did the Iranians used to have a democracy, but now they see that those dirty backward Arabs have a democracy and so do those peasant uneducated and uncultured Afghans.

Gattigap 03-31-2005 05:06 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Spanky
I think Democracy is a highly contagious and almost incurable disease.
I know you chose this wording for its adjectives, but let's not forget the connotations of the noun at the end, OK?

Secret_Agent_Man 03-31-2005 05:11 PM

Tanks for the memories
 
Quote:

Originally posted by Sidd Finch
You want to compare your academic record and your career to mine? That should be fun.
No, I think that he -- like Hank -- will go straight for height.

S_A_M

(P.S. -- Maybe penis size, if he's feeling bold. But we should all remember that during a discussion with Not Me, it was established that Bilmore probably wins that one.)

bilmore 03-31-2005 05:16 PM

Tanks for the memories
 
Quote:

Originally posted by Secret_Agent_Man
(P.S. -- Maybe penis size, if he's feeling bold. But we should all remember that during a discussion with Not Me, it was established that Bilmore probably wins that one.)
I doubt that one poster calling me a big prick is dispositive of anything.

Spanky 03-31-2005 05:17 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Gattigap
I know you chose this wording for its adjectives, but let's not forget the connotations of the noun at the end, OK?
I think disease was a good word. Viruses take over cells, change those cells, and then use those cells to help change more cells. Democratic activists will take over a country, overthrow the dictatorshp, and then produce activists to go to other countries and get them to over turn over the neighboring dictatorship. All the cells in a certain area become infected, just like all the countries in a certain area become infected.

In 1780 there were very few infected countries (including the United States) and now over half the worlds population lives in democracies. Authoritarian governments have tried all sorts of stuff to try and stop the spread of democracy, and for a while it looked as thought they came up with a cure - communism, fascimns, but in the end democracy beat back all these antibodies. If somebody doesn't do something soon, every country in the world is going to get infected. The Free Market disease has also been pretty effective.

Shape Shifter 03-31-2005 05:20 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Spanky
I think disease was a good word. Viruses take over cells, change those cells, and then use those cells to help change more cells. Democratic activists will take over a country, overthrow the dictatorshp, and then produce activists to go to other countries and get them to over turn over the neighboring dictatorship. All the cells in a certain area become infected, just like all the countries in a certain area become infected.

In 1780 there were very few infected countries (including the United States) and now over half the worlds population lives in democracies. Authoritarian governments have tried all sorts of stuff to try and stop the spread of democracy, and for a while it looked as thought they came up with a cure - communism, fascimns, but in the end democracy beat back all these antibodies. If somebody doesn't do something soon, every country in the world is going to get infected. The Free Market disease has also been pretty effective.
Bees, cows, and now viruses. Is this the biology board?

Say_hello_for_me 03-31-2005 05:27 PM

Tanks for the memories
 
Quote:

Originally posted by Secret_Agent_Man
No, I think that he -- like Hank -- will go straight for height.

S_A_M

(P.S. -- Maybe penis size, if he's feeling bold. But we should all remember that during a discussion with Not Me, it was established that Bilmore probably wins that one.)
Nope. Far be it from me to discourage anyone from bragging about their special public school.

Sidd Finch 03-31-2005 05:31 PM

Tanks for the memories
 
Quote:

Originally posted by bilmore
I doubt that one poster calling me a big prick is dispositive of anything.
Depends on the poster. If it'd been Deuce, it would've mattered to everyone.

taxwonk 03-31-2005 05:46 PM

promoting democracy in the Middle East
 
Quote:

Originally posted by Spanky
I think disease was a good word. Viruses take over cells, change those cells, and then use those cells to help change more cells. Democratic activists will take over a country, overthrow the dictatorshp, and then produce activists to go to other countries and get them to over turn over the neighboring dictatorship. All the cells in a certain area become infected, just like all the countries in a certain area become infected.

In 1780 there were very few infected countries (including the United States) and now over half the worlds population lives in democracies. Authoritarian governments have tried all sorts of stuff to try and stop the spread of democracy, and for a while it looked as thought they came up with a cure - communism, fascimns, but in the end democracy beat back all these antibodies. If somebody doesn't do something soon, every country in the world is going to get infected. The Free Market disease has also been pretty effective.
With such an abnormal rate of growth, perhaps cancer would be a more apt analogy?

taxwonk 03-31-2005 05:48 PM

Tanks for the memories
 
Quote:

Originally posted by Sidd Finch
Depends on the poster. If it'd been Deuce, it would've mattered to everyone.
Is there some Paigow/Slave type history here that was, until now, a quieter affair?

And of course the pun was intended, you twit.

Sidd Finch 03-31-2005 05:50 PM

Tanks for the memories
 
Quote:

Originally posted by Say_hello_for_me
Nope. Far be it from me to discourage anyone from bragging about their special public school.

I know you folks in gated communities look down on anyone who doesn't go to prep school, but there are places in this country where public school is pretty damn good.

Shape Shifter 03-31-2005 06:31 PM

I'm the NFH of Politics
 
http://www.cnn.com/2005/LAW/03/31/la...ion=cnn_latest

Findlaw article on the Shiavo case(s).


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