SI
SI
discoversearch

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 : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?


To: cnyndwllr who wrote (134622)5/27/2004 4:29:40 PM
From: Nadine Carroll  Read Replies (3) | Respond to of 281500
 
I am a firm believer in the concept of individual conscience taking precedence over the rule of law

Ok, so an Arab-American finds out his daughter is sleeping with her boyfriend, and kills her to restore the family honor. His conscience is clear; he knows he has done the right thing.

You would acquit him?



To: cnyndwllr who wrote (134622)5/27/2004 4:57:21 PM
From: Neocon  Respond to of 281500
 
I am glad to see that you are not simple minded, but your answer is insufficient. The question I posed was whether we should prosecute the persons responsible for killing SS personnel, right after liberating a death camp. I did not say that "moral outrage" was in and of itself a reason not to follow the rule of law, in fact, I said that it was, in a cooler mode, essential to our application of the law, in the form of punishment. I described particular circumstances, and they define the parameters of my initial query. Again, the moral question entertained is what do we do in response to the breakdown in discipline. By your description, my officers would be well within their rights to regard law as a blunt instrument, and to refuse to bind the offending troops over to trial. It is as good as the case of the young woman, that is, it revolves around whether we think an equitable result can be achieved, or would prefer to protect the party against an overzealous penalty. So the attempted distinction fails, and we have to go back to the specific case.

I found most interesting your comments towards the end of your post. I agree that the default position is to not substitute one's judgement for that of the party most effected, or the designated responsible party (for example, a parent), for that matter. The case of Iraq is peculiar, however, since there was no way of assessing, before the fact, what the popular will was. (Of course, even now the majority of Iraqis say that the overthrow of Saddam was worth it). The only way to move towards a true expression of popular will is to prevent domination by clerical or Ba'athist parties, and to create the minimal conditions for a liberal democracy. If we had not acted, we would simply have ratified the existing dictatorship, which is means we would have disregarded the interests of the greater part of the population. Besides, we had, or thought we had, as the case may be, our own security interests.........