Author Topic: Obama 180s on gitmo  (Read 20496 times)

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Offline Herra Tohtori

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Hey, "troll" was a title bestowed upon me. I haven't said anything hostile. I'm merely participating in the debate.


I never called you a troll. I said I'm having trouble telling if you are parodying the opinions you claim to represent, or if you really think that way.

I also said I'm giving you the benefit of doubt regarding your opinions, since Poe's law predicts just that - it's impossible to tell the difference between genuine opinions and the parody of them without the writer cleary telling which one they are.

There is also trollish indicators about your tendency to just repeat your core argument and ignoring counter-arguments, either dismissing them with a word or two or not paying any attention to them at all. Either your argumentation skills are in dire need of practice, or you are a troll, but again I'm willing to give you the benefit of doubt. Also, you certainly readily approved of the title. But that's enough metadiscussion for me at this point.


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I'm not saying it won't be abused. It just makes little difference which way fascism comes. It's a matter of time before either mind control is invented or we get overrun by China. We might as well be safe in the mean time.

That's a sad and pessimistic view of the future and it really isn't all that realistic. China doesn't really have any expansionistic ideology driving them - they are motivated by economical factors primarily, and it would not be economically feasible for them to overrun their customers.

And mind control doesn't really enter into this debate either. Propaganda relies on the careful selection and portrayal of information, and it is getting increasingly difficult to decide what information should be allowed to general public and what shouldn't. Chemical or more imaginative ways of suppressing the free will of the people would be very, very hard to keep secret. But this is veering into conspiracy theory territory and those can't really be discussed rationally, so let's just drop that.


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The system is by no means infallible. If it was I would be all for trials. The fact that mistakes can be made (or the government lets terrorists go to make a point, /conspiracy) is the reason why we can't be sure if we're letting go terrorists or not when a trial finds them innocent.

That's the whole point of someone else making the decision between guilty and not guilty, instead of the people doing the investigation (executive branch).

Look, it is the job of the investigators to uncover as much information as possible, present it to the prosecutor's office, which then decides whether there is sufficient evidence to prosecute the suspect in court, and the courts' job is then to decide whether there is enough evidence to convict with no reasonable doubt.

It's an unavoidable and acceptable risk that some who are guilty cannot be proven guilty without reasonable doubt, and will walk free.

But that's a better option than simply assuming all suspects are guilty and thus all suspects of serious enough crimes would never see the light of day as free men or women again.

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edit: And trials won't necessarily help. There will still be plenty of wrongly convicted people regardless.


The point of trials, like I said, is to bring a third party to decide the matter between the defendant and the prosecution. If you simply drop the role of the judiciary branch, you end up with executive decisions spelling the fate of the suspects, rather than a detached third party.

Are you familiar with term "conflict of interests"? The police and prosecutors can't be allowed to make the decision between guilty and not guilty because their job is to investigate and prosecute, not to determine if they happen to be right or not. Of course they think they're right when they determine the most likely suspect and whether or not to prosecute. That's their job, and they can't be second-guessing themselves when they do their job. That responsibility belongs to the neutral third party - which is the judiciary.


That's the entire basis for the separation of Judiciary as its own branch of power, if you're familiar with Montesquieu's thoughts on the matter. Allowing the executive branch to make summary judiciary decisions is never a good sign. It's not as bad as the executive branch making summary legislative decisions (which is basically the equivalent of junta regime), but it's still pretty bad.



And, for the record, I think it's far more disturbing that US executive branch can capture and imprison citizens of other countries seemingly without impunity and keep them detained indefinitely without trial, than if it was simply them capturing their own citizens and subjecting them to such human rights violations.

At least then it would be the problem of the US and the people there would probably be doing something about it (or thrown in gulags), but as it is, no one seems to be able to call it what it is - hijacking of foreign nationals and keeping them detained without a conviction determined in a trial.


Reasonable doubt is a pretty important definition, and it serves as the final protection from kangaroo courts. The criminal investigators can make mistakes. Courts can make mistakes, they are human organizations and to err is human, but that is precisely why the system is geared toward making it sure that as little innocent people end up unjustly convicted as possible. That's why things such as reasonable doubt exist in the first place - if the jury has reasonable doubt about the verdict, they must vote not guilty.

And thus it befalls to the executive branch (investigators) to remove the doubt with evidence, rather than prevent all doubt by not allowing a trial in the first place.
There are three things that last forever: Abort, Retry, Fail - and the greatest of these is Fail.

 
You all know far, far more about international politics, history, and internet Special Olympics than I ever will. But I will still bludgeon my way through this thread.

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That's a sad and pessimistic view of the future and it really isn't all that realistic. China doesn't really have any expansionistic ideology driving them - they are motivated by economical factors primarily, and it would not be economically feasible for them to overrun their customers.

China is dependent on exports for now. In a few decades it will be self sufficient. In perhaps a century or so it have by far the world's largest military. None of the other BRICs are able to match it's growth rate. Ever heard of the democratic peace theory? Well, that doesn't apply to China. If they ever believe they have a shot at taking over the world, there is nothing stopping them from taking it.

As for the fate of democracy, ask why this particular system is able to exist. Republics are maintained because the army and police will refuse to defend the government if the constitution is revoked. Now what happens once automation replaces labor and the executive comes to have a direct monopoly on the use of force? Sounds like a lame idea for a science fiction novel, but consider the possibility that sooner or later technology may come to increase the amount of power a small group of individuals can wield. Now considering the idiocy of the modern electorate and phenomenon such as the Tea Party I am not fully sure of the people's ability to sustain democracy when their collective hold on power weakens further.

It seems like people today believe that liberalism will last forever and the future is Star Trek. Consider for a second whether or not there is such a thing as social progress, or whether we are living in a brief historical interlude following millenia of slave societies where the particular conditions and balance of power happen to favor democracy and peace.

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But that's a better option than simply assuming all suspects are guilty and thus all suspects of serious enough crimes would never see the light of day as free men or women again.

Then you can argue from a liberalist basis. I will argue from a utilitarian basis. In particular crimes where the danger of letting individuals go is too high, then due process should be circumvented. Are we arguing over values or social welfare?

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The point of trials, like I said, is to bring a third party to decide the matter between the defendant and the prosecution. If you simply drop the role of the judiciary branch, you end up with executive decisions spelling the fate of the suspects, rather than a detached third party.

Are you familiar with term "conflict of interests"? The police and prosecutors can't be allowed to make the decision between guilty and not guilty because their job is to investigate and prosecute, not to determine if they happen to be right or not. Of course they think they're right when they determine the most likely suspect and whether or not to prosecute. That's their job, and they can't be second-guessing themselves when they do their job. That responsibility belongs to the neutral third party - which is the judiciary.

You said you were tired of going in circles so I'm not going to just pull a copypasta of my previous posts here. Again, it appears we are arguing from different value systems.

As I understand it, the social benefit of holding trials for captives is the prevention of the imprisonment of (at least some) innocents. The social cost of holding trials is that criminals will likely be freed and will commit further crimes. When the risk of the social cost of additional crime from wrongful acquittals exceeds the social benefit of not imprisoning innocents, then a utilitarian would say that the criminals should not be given trials even if the result is imprisonment of foreigners, kangaroo courts, a bit of dictatorship, and everything else you mentioned, Herra. Is this not at least an internally consistent act utilitarian argument?

On to Kara's post.

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You've spent pretty much your entire time on this thread arguing against trials so what are you saying? You want trials for Americans but anyone else is ****ed?

For the sake of argument I want trials withheld for anyone attempting to overthrow a friendly government, due to the great risk from wrongful acquittal (as I discuss above). This covers the purpose of detention at Gitmo.

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Your typo doesn't mean I win. The fact that you've completely failed to prove that Al Qaeda only want to kill Americans is why I win.

You win against my hasty generalization. Utterly! Yet you yourself mentioned that only "a fairly large section of the group" would stop killing Americans even if every reasonable demand of the organization was met. But let's move on.

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I never said they did. Again you seem to be arguing against a point I never made. Iraq is pretty much the biggest proof of the incompetence of the terrorists. If the insurgents had simply waited 5-6 months the Americans would have gone home and they could have just rolled over the country.

That wasn't an argument, merely a remark. However, I'll avoid that kind of thing if the only response is a WTF. I agree with what you said, though. Damn, if I ever lead an insurgency you're my right hand man.

  

Offline General Battuta

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I don't think you can substantiate the claim of great risk due to wrongful acquittal. Even among the actual 'terrorists', most of these guys are yahoos and will simply not be able to do very much damage. If every single US government claim of a former Gitmo inmate returning to terrorism is correct, it still amounts to less than 4% of the already released detainees, and not one of them has been able to do a single notable thing on the strategic level.

In fact I would wager that Gitmo creates more terrorists than it incarcerates. How does that figure into a utilitarian argument?

 

Offline Herra Tohtori

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China is dependent on exports for now. In a few decades it will be self sufficient. In perhaps a century or so it have by far the world's largest military. None of the other BRICs are able to match it's growth rate. Ever heard of the democratic peace theory? Well, that doesn't apply to China. If they ever believe they have a shot at taking over the world, there is nothing stopping them from taking it.

As for the fate of democracy, ask why this particular system is able to exist. Republics are maintained because the army and police will refuse to defend the government if the constitution is revoked. Now what happens once automation replaces labor and the executive comes to have a direct monopoly on the use of force? Sounds like a lame idea for a science fiction novel, but consider the possibility that sooner or later technology may come to increase the amount of power a small group of individuals can wield. Now considering the idiocy of the modern electorate and phenomenon such as the Tea Party I am not fully sure of the people's ability to sustain democracy when their collective hold on power weakens further.

It seems like people today believe that liberalism will last forever and the future is Star Trek. Consider for a second whether or not there is such a thing as social progress, or whether we are living in a brief historical interlude following millenia of slave societies where the particular conditions and balance of power happen to favor democracy and peace.

This might deserve its own thread, since I don't really see what bearing it has with this one, although the topic is interesting.

I might just mention old quote from a German philosopher:

"Wer mit Ungeheuern kämpft, mag zusehn, dass er nicht dabei zum Ungeheuer wird. Und wenn du lange in einen Abgrund blickst, blickt der Abgrund auch in dich hinein."

There are various translations of the quote in English, but their basic idea is that when you're fighting against something that goes against your values, you shouldn't allow yourself to abandon your own values, or there's no point in the fight at all.

Your argument is essentially that since Factor X is a threat to your values and way of living, you are justified in abandoning your values and way of living in order to counter the threat.

What's the point in that? It seems like Factor X succeeded in ruining your values and way of living by making you do their work for them.

Feel free tu substitute China, Communists, Terrorists, Nazis, Muslims, Christians, Scientologists, Liberals, Conservatives, Republicans, Democrats or whatever you wish as "Factor X".

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But that's a better option than simply assuming all suspects are guilty and thus all suspects of serious enough crimes would never see the light of day as free men or women again.

Then you can argue from a liberalist basis. I will argue from a utilitarian basis. In particular crimes where the danger of letting individuals go is too high, then due process should be circumvented. Are we arguing over values or social welfare?

Liberalism is a political view. Utilitarianism is a branch of ethics, to be exact it's based on consequentialism.

What you want to say is you view the situation using values derived from utilitarian ethics, while I use [url=http://en.wikipedia.org/wiki/Deontological_Ethics]deontological ethics
.

My argument is that utilitarianism falls apart when you can't know the full consequences of your actions. The fact that no one is omniscient and thus can't know the absolute consequences of their actions renders utilitarianism useless for choosing how to act. The best you can do is try to predict what consequences each action will have, and then hope your damndest that your judgement of consequences happened to be correct.

Deontological ethics, well, Wikipedia says it very well so I'll just quote:

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Deontological ethics or deontology is an approach to ethics that determines goodness or rightness from examining acts, rather than third-party consequences of the act as in consequentialism, or the intentions of the person doing the act as in virtue ethics.

This approach is, in my opinion, the most defendable and logically sound ethical system, because it doesn't rely on assumptions of what future will hold, nor gauge the (subjective) intentions behind an act (the road to hell is paved with good intentions, after all).



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The point of trials, like I said, is to bring a third party to decide the matter between the defendant and the prosecution. If you simply drop the role of the judiciary branch, you end up with executive decisions spelling the fate of the suspects, rather than a detached third party.

Are you familiar with term "conflict of interests"? The police and prosecutors can't be allowed to make the decision between guilty and not guilty because their job is to investigate and prosecute, not to determine if they happen to be right or not. Of course they think they're right when they determine the most likely suspect and whether or not to prosecute. That's their job, and they can't be second-guessing themselves when they do their job. That responsibility belongs to the neutral third party - which is the judiciary.

You said you were tired of going in circles so I'm not going to just pull a copypasta of my previous posts here. Again, it appears we are arguing from different value systems.


Well, not so much values as different branch of ethical thinking. Naturally, I think that the branch of ethics I subscribe to is superior to others.

Can you defend utilitarian ethics, without claiming that those you would trust to make decisions are aware of the absolute consequences?


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As I understand it, the social benefit of holding trials for captives is the prevention of the imprisonment of (at least some) innocents. The social cost of holding trials is that criminals will likely be freed and will commit further crimes. When the risk of the social cost of additional crime from wrongful acquittals exceeds the social benefit of not imprisoning innocents, then a utilitarian would say that the criminals should not be given trials even if the result is imprisonment of foreigners, kangaroo courts, a bit of dictatorship, and everything else you mentioned, Herra. Is this not at least an internally consistent act utilitarian argument?

The problem is, like I said, that utilitarian argument falls apart very fast under rigorous inspection. There are many, many ways to prove that utilitarian ethics should never ever be used as a basis for legislation.

Veil of Ignorance is perhaps the best example to prove this. Short version is this:

A group of people is gathered (on either volunteer or non-volunteer basis) and their memories and knowledge of their past life temporarily eradicated.

They are then given the task of governing the country for a year, examining and changing legislation, after which they are returned to their lives.


Now, an ethically problematic decision is bestowed upon them. Let's say they have a group of suspects, and they know some of them are definitely associated with terrorists, while some are innocents. They don't know who are the innocents, and they have no way to reliably define who of the people are guilty.

From your utilitarian standpoint, they should keep all of them imprisoned, because as you claim, risk of letting the dangerous individuals get away would result in a lot of damage to the rest of the population. However, what if when returned from the "governmental duty", some of our intrepid executives find themselves imprisoned suspected of terrorism, decreed by their own ruling?

Would they be willing to risk that? After all, they don't remember who they are and what they were doing before being selected into the temporary government.

They could have been unjustly imprisoned before their stint in governmental duty, and afterwards returned to same conditions.

Would you be willing to be imprisoned unjustly for indeterminate period of time? If not, you can't justify anyone else being imprisoned indefinitely, since there is always a possibility that the imprisonment happens to be unjust, and a trial is the only even remotely valid way of determining their guilt or innocense, because it bestows that responsibility to a third party rather than some arbitrary probabilistic predictions about the consequences of releasing (or imprisoning) the suspects without certain knowledge of their innocense or guilt.
« Last Edit: March 13, 2011, 03:59:15 pm by Herra Tohtori »
There are three things that last forever: Abort, Retry, Fail - and the greatest of these is Fail.

 
Hey, I wanted to talk more about the doomer stuff.

I don't think you can substantiate the claim of great risk due to wrongful acquittal. Even among the actual 'terrorists', most of these guys are yahoos and will simply not be able to do very much damage. If every single US government claim of a former Gitmo inmate returning to terrorism is correct, it still amounts to less than 4% of the already released detainees, and not one of them has been able to do a single notable thing on the strategic level.

In fact I would wager that Gitmo creates more terrorists than it incarcerates. How does that figure into a utilitarian argument?

Already been over that. I stated in a previous post that the liberal poster boy for this sort of thing, an Army interrogator, reported that half of American casualties were due to prisoner abuse scandals. Now I'm just talking about angels on pinheads with Herra. Feel free to join.

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This approach is, in my opinion, the most defendable and logically sound ethical system, because it doesn't rely on assumptions of what future will hold, nor gauge the (subjective) intentions behind an act (the road to hell is paved with good intentions, after all).

How do you determine goodness from examining acts? Don't you rely on future expectations or your particular, fallible interpretation of past experience to determine the goodness of acts? If an act is determined to be good, isn't it treated as an end, meaning any means used to achieve it are justified- resulting in consequentialism?

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Would they be willing to risk that? After all, they don't remember who they are and what they were doing before being selected into the temporary government.

So you are arguing that the executives would always uphold the rule of law on the slight chance they would be wrongly imprisoned? For one thing, Bush had no problem suspending/dismissing the right to trial, so this doesn't appear to be the case. Even if they did fear this possibility the administration was fully aware of it's innocence as it was not deprived of memory as in your example and found the possibility of itself being accused of terrorism negligible, notwithstanding it's claim that "the terrorists never stop trying to find ways to harm our country, and neither do we."

The quick fix to this whole thing is upholding the right to trial for ex-executives on the off chance they are found out to be terrorists. It would be a necessary workaround in the unlikely scenario we are discussing.

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Can you defend utilitarian ethics, without claiming that those you would trust to make decisions are aware of the absolute consequences?

The awareness of decision makers is irrelevant. The only important variable is the expected act. One makes the best educated guess of how circumstances will play out and chooses whether or not decision makers should be trusted. It's not a matter of absolute consequences but bad outcomes versus even worse ones.

Ethics are subjective. I defend utilitarianism as the ideal way to achieve harmony of interests yet I don't put too much weight on theory. Systems such as deontology are not inherently incompatible with utilitarianism as a practical matter and may even have advantages in particular cases.

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Would you be willing to be imprisoned unjustly for indeterminate period of time?

Hey, of course not. But I'm talking impersonally and I wouldn't want to get blown up either anyway. For the purpose of this argument assume you're talking to a toaster.

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If not, you can't justify anyone else being imprisoned indefinitely, since there is always a possibility that the imprisonment happens to be unjust, and a trial is the only even remotely valid way of determining their guilt or innocense, because it bestows that responsibility to a third party rather than some arbitrary probabilistic predictions about the consequences of releasing (or imprisoning) the suspects without certain knowledge of their innocense or guilt.

"A trial is the only even remotely valid way of determining their guilt or innocence", unquote. This is our key disagreement. Both the executive and judiciary are imperfect judges of guilt. The executive is still a valid means of determining guilt, simply to a lesser degree than the judiciary is.

 

Offline MP-Ryan

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The executive is still a valid means of determining guilt, simply to a lesser degree than the judiciary is.

No.  The Common law system established an impartial, separate judiciary precisely because the executive and legislative branches of government will always have an agenda that take priority over factual guilt.  Any judgment rendered by such a party will always be inherently flawed.

The judiciary is designed to have no vested interest in an outcome.  Naturally, the members of the judiciary are human and therefore are unable to render perfect judgments, but this is why appeals procedures exist through elevated levels of responsibility and legal education.  Another import aspect of the Common law system is the premise of innocence until guilt is proven beyond a reasonable doubt, which has to meet the standard of a reasonable hypothetical third party.

The use of the executive as a determinant of criminal guilt is a characteristic of despots, dictatorships, juntas, and regimes that have no regard for the rule of law.  Demonstrating that the United States is willing to follow this premise, at least where some people are concerned, is proof positive that the goal of terrorism has essentially been accomplished - by destroying the legal foundations of your own society, even in limited circumstances, you open the door to the removal of the protections guaranteed, at least in principle, by your Constitution.  Without the principles, you've lost the moral high ground.  In an ideoogical conflict (which this is), the loss of your morality and principle is the loss of the conflict.

I've refrained from addressing the rest of the content in this thread because a number of the points I would present have already been made, and because it has become fairly obvious that there is little point in arguing entrenched positions.
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As I understand it, the pro-trial argument is based largely on the argument that circumventing the rule of law will erode democracy. I find this a slippery slope argument and I don't believe that the United States will look any different fifty years from now due to some temporary breach of the rule of law through which the US has used to detain prisoners during times of war for centuries anyway. Abuse scandals are one thing, but Nazi prisoners during World War II were never put on trial. Do you think that they should have been?

 

Offline General Battuta

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World War II was a war between states, won by strategic pressure and material attrition. It was not a war of ideology where the primary weapons are memetic. If the erosion of these rights harms the very strategy it's supposed to help, how is it in any way productive even by utilitarian standards?

 
Nazis versus democracy? That's not ideological? Nevermind.

Imprisoning innocents sends a message. But so do car bombs. I'd rather prevent the latter.

You're assuming democracy is a good thing, which is an assumption I never made. I also doubt that Gitmo has weakened democracy. If anything it's revitalized it, with the importance of political activism being reaffirmed through liberal slippery slope arguments about how Gitmo is the end of democracy and things like this have never happened before in the US. In twenty years something similar will happen and people will again act like the suspension of civil liberties is unprecedented in American history and signals some kind of dramatic change.

 

Offline General Battuta

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You're now arguing a point you already conceded.

Why do you say this

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Imprisoning innocents sends a message. But so do car bombs. I'd rather prevent the latter.

when above you conceded that imprisoning innocents created more terrorists (and presumably car bombs) than it prevented?

And I've said again and again the US human rights record is very patchy, both in WWII and before (the occupation of the Philippines, for instance.) That doesn't somehow excuse continued violations. The average human life expectancy was once quite low; we worked and improved it. The fact that said life expectancy was once small doesn't make it acceptable for it to fall back to 35 or whatever again.

 
Imprisoning inmates at Gitmo creates terrorists. Sending them to a foreign country where they'll never be heard of again doesn't. There are two different arguments in this thread: 1) Should we suspend the rule of law in this particular case? and 2) Should we ever under any circumstances suspend the rule of law? I was arguing more for #2 with that statement. And whether or not we should close Gitmo might be argument #3, which I've conceded.

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And I've said again and again the US human rights record is very patchy, both in WWII and before (the occupation of the Philippines, for instance.) That doesn't somehow excuse continued violations. The average human life expectancy was once quite low; we worked and improved it. The fact that said life expectancy was once small doesn't make it acceptable for it to fall back to 35 or whatever again.

It excuses continued violations if the alternative is worse. Take the dirty tricks the government played with the counterculture movement in the 60s. If the hippies had "won" the United States could have become a socialist nation. Would that be a desirable outcome?

 

Offline Herra Tohtori

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Yes because socialism is awesome.

Social democracy, to be exact.

 :p
There are three things that last forever: Abort, Retry, Fail - and the greatest of these is Fail.

 
What the Left wanted was more like libertarian communism. But socialism? In my America? Well, that would slow GDP growth by a fraction of a percentage point. And the difference adds up over time.

 

Offline karajorma

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So having failed completely to make an argument you're trying to derail now by making this an argument against socialism?
Karajorma's Freespace FAQ. It's almost like asking me yourself.

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So having failed completely to make an argument you're trying to derail now by making this an argument against socialism?

Come again? Did I say I'm done yet? There is still trolling to be had.

Quote from: MPRyan
Without the principles, you've lost the moral high ground.  In an ideoogical conflict (which this is), the loss of your morality and principle is the loss of the conflict.

Almost all of the damage to the US' reputation regarding what has gone on in Guantanamo is due to the prisoner abuse scandals, not detention without trial which is what we're arguing about in this thread. In fact violation of the rule of law is mainly a big deal to westerners and wasn't reported as a major motivation for terrorism according to the army interrogator I mentioned earlier. If you are saying the US lost the moral high ground by detaining individuals without trial, well, the moral high ground is something we never had.
« Last Edit: March 14, 2011, 01:29:44 am by Mustang19 »

 

Offline Flipside

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There is no more trolling to be had.

I think this conversation has pretty much proved it's going nowhere, and it's just getting people worked up.