Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?

To: Daniel W. Koehler who wrote (3546)	4/25/2000 9:50:00 PM
From: Daniel W. Koehler	Respond to of 13062

MeDroogies It is a case about asylum now. Under normal circumstances, where kids aren't seeking asylum from totalitarian dictators, then ,ceteris paribus, civil society demands abandoned or lost children be returned to their surviving parent. The key point is ceteris paribus - "all other things being equal". That ain't the case here. I think that the rule of law demands that all the "facts and circumstances" be looked at and, given the glaring anomalies of Elian's situation, special consideration be given when reviewing his asylum petition. This isn't a case for cookie-cutter adherence to the mere letter of the law. The facts and circumstances are too radically different. I hate it, too, that the UN convention on Rights of the Child, which has not yet been ratified by the Congress, was even a consideration in this matter. MeDroogies, I started out initially favoring return of Elian to his father. Then, after some reconsideration, it occurred to me that Elian would not remain with his father in Cuba. He would be plucked from his father and educated by the state. Thus, my flaw was assuming that Juan Miguel was a free man who had parental rights. It is clear that he has none in Cuba. He is a pawn and Elian would be too. The rule of law in Cuba protecting the individual from the state is nonexistent. I believe, but my be wrong on this that,since the US doesn't have full diplomatic relations with Cuba or treaties governing the conflicts of law, how can we then assume that there is any basis for treating Elian as Cuban minor and ascribe to Juan Miguel "rights" which he does not posess under any legal authority between the two countries? Therefore, I feel that if you favor the rule of law and protecting the rights of the individual, you must support asylum for Elian. Returning Elian to his father is an gross contradiction of the basis of the rule of law in civil societies. Respectfully, Daniel