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Re: POTUS says "Theisman should be jailed!" | |
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by cthia » Wed Mar 29, 2017 2:20 pm | |
cthia
Posts: 14951
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One can better understand Harrington's quote if one studies his history.
Read the wikipedia article on John Harrington. He lived in 16th century England. An era where one's words can get one beheaded at the Queen's behest. The work for which he is best known today, A New Discourse of a Stale Subject, called the Metamorphosis of Ajax (1596) is a political allegory and a coded attack on the monarchy. His New Discourse described a forerunner to the modern flush toilet that was installed at his house at Kelston. John Harrington couldn't even call a political forerunner a piece of shit -- a toilet. He had to hide it in allegory. He was a lawyer, by the way. Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense |
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Re: POTUS says "Theisman should be jailed!" | |
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by The E » Wed Mar 29, 2017 3:03 pm | |
The E
Posts: 2704
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You are, I hope, aware of the concept of the death of the author. Most works the quote shows up in in popular culture use it as an explicit reference to treason, successfully executed, not staying treason for long, i.e. using its literal meaning as opposed to whatever meaning Harington was perhaps envisioning as he wrote the phrase. Yes, this is a cynical quote (because, just as treason by a just and moral person against an unjust and immoral system is a good and necessary act, treason by an unjust and immoral person against a just and moral system is evil). History is written by the victors, after all (a saying that overlaps in meaning with the Harington quote to an extent), and if the victors are tyrants, well, that's just what happens. This does go back to you not yet having explained your absolutist stance on these matters though. You've still just postulated that treason is immoral, you haven't yet laid out your case for why that is. |
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Re: POTUS says "Theisman should be jailed!" | |
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by cthia » Wed Mar 29, 2017 3:12 pm | |
cthia
Posts: 14951
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I never follow a crowd off of a cliff simply because it is the biggest crowd. I'd rather be in the minority watching them plummet to their doom wishing they had listened. LOL Do pardon the punny. Really, I understand everyone's sentiment. And I agree, just not wholly. We differ on a very salient point. Asking me why a government lists a crime as a crime is a rhetorical question, I'd hope. It has to be that way. And I did answer it already. Failing to set limits is to accept anarchy. I do understand the disconnect and the reason for it. The main difference in your and my stance is that I recognize that treason, murder... cannot be treated as arbitrary and or convenient crimes. When does it cross the line? Every time it is committed. We cannot allow Garp the right to assimilate the law and then take the law in his own hands according to Garp's interpretation of said law.
Because tyrannical represents many things to many people. I am certain that we can find many who consider Donald Trump and his actions to be tyrannical. I even remember seeing it somewhere in his first few weeks! Donald Trump and the New Dawn of Tyranny. Is it okay to extinguish the man's life under the guise of a coup? Vigilante justice cannot be allowed!
I do not think it is wrong, per se, E. I think it is wrong to allow an individual or group to take up arms with it as a shield. Again, I perfectly agree that there may be times it is warranted. As is the case stated by Annachie. Even a few others. Even yours here now. Even Theisman's. However, it should be subject to adjudication by the courts. Theisman should have turned himself in. It is simply a matter of formality. But one that MUST be followed. It will show everyone else that it IS indeed a crime and must be considered further. Remember the point about O.J. Simpson in the Godwin's Law thread?...
Likewise...
All of that was determined in a court of law. Not vigilante justice. Overthrow a tyrant. Sure. Save lives. Sure. But do the right thing afterwards and place yourself at the mercy of the court. Because the final determination of one's illegal (questionable) actions SIMPLY MUST be adjudicated by it which was founded to do so -- the legal system. Or anarchy will reign supreme and the courts will become a mockery and we shall hearken back to a time of guillotines, hangings and vigilante justice. Do you really want to hearken back to that era? Let the courts render justice and punish him... for wasting their time if they will. But they must remain the final arbiters that make that determination. For not even Theisman has the right to judge -- but a judge. Unless Theisman is afraid he will be convicted? . Last edited by cthia on Wed Mar 29, 2017 6:24 pm, edited 1 time in total.
Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense |
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Re: POTUS says "Theisman should be jailed!" | |
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by The E » Wed Mar 29, 2017 3:42 pm | |
The E
Posts: 2704
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Okay, but that opens a whole can of worms. Consider the situation: At the time of Theisman shooting Saint-Just, the judiciary has been effectively dismantled. What judges and prosecutors there are are mostly rubber-stamping edicts handed down by the government; it has to be assumed that at that point, no independent judiciary exists. Given that, at what point is it possible for Theisman to turn himself in without it being a massive conflict of interest for any judge to preside over his case? If we assume that the Republic of Haven is somewhat analogous to the US in how it organizes its judiciary, appointments for judges are made by the government, which is only in power due to Theisman's actions (and we know that a lot of ranking members of the government consider themselves indebted to Theisman for what he did). For fairly obvious reasons, Theisman can't trust judges appointed by Saint-Just or Pierre, and decades of legislaturist rule make pre-CPS judges equally suspect. Treason, as you said, must be a crime. No state, no matter how just or tyrannical, can allow its authority to be substantially undercut. However, the sort of treason Theisman or the Valkyrie group are guilty of, with the explicit intent to save their country from the depredations of a corrupted ruler, must be treated with nuance. As people raised in christian environments, we believe in a concept of morality that transcends legal considerations (whether we go by the ten commandments or the universal declaration of human rights doesn't matter), and that occasionally, violating laws in the pursuit of restoring morality is necessary and justified. What I'm trying to get at here is that absolutist declarations like the one you used in this thread are ... not helpful. In your last post, you are saying that yes, you do recognize that there has to be nuance to this whole process, that judging a traitor is never a completely straightforward affair and that context plays a significant role in how their actions are to be judged. Declarations like yours only invite contradiction, not discussion, and they detract from your overall question, which is actually fairly interesting (i.e. the question of whether or not turning himself in would be a necessary course of action for Theisman). In order to get back to that: Personally, I believe that Theisman should at the very least have resigned from office as soon as possible. It's basically the old Cincinnatus ideal of a person assuming terrible authority, but having the moral integrity to relinquish said authority when whatever crisis they were facing has been decisively dealt with. Given my ruminations above, I do not believe that he should be subject to legal proceedings (if only because such proceedings would be irrevocably tainted by the conflicts of interest of all parties involved). |
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Re: POTUS says "Theisman should be jailed!" | |
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by Vince » Wed Mar 29, 2017 3:47 pm | |
Vince
Posts: 1574
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Except that Theisman did place himself at the mercy of the government. He turned over power to Pritchart to organize an interim government with the sole proviso: Boldface is my emphasis. And then he served in the new government (which knew of his actions in removing St. Just) as Secretary of War/Chief of Naval Operations. And yet he was not tried for treason. Ergo, the new government does not view his actions as treasonous. Therefore (since the victors write history), he did not commit treason. -------------------------------------------------------------
History does not repeat itself so much as it echoes. |
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Re: POTUS says "Theisman should be jailed!" | |
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by Jonathan_S » Wed Mar 29, 2017 9:24 pm | |
Jonathan_S
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Or even look at the American revolution. The English courts at least still existed - but I can't see any of the Founder Father's turning themselves over for trial. I guess those courts could have tried them in absentia - but that leaves the real world problem that you can't just ignore this newly independent country that successfully rebelled; and trying the rulers for treason is counter-productive to working with America. And the American courts would be appointed by those same successful revolutionaries - so exceedingly unlikely to tru or convict for treason even if they weren't hopelessly conflicted in their interests. Heck John Adams, later our second president, clearly performed treasonous acts against King and Country (England), yet in 1785, the year after the Treaty of Paris ended the American Revolution he was serving as US Ambassador to the Court of Saint James (Great Britain). Even if Great Britain had been unwilling to break diplomatic protocol to the point of seizing him for treason they would have been well within their rights to refused to accept him as Ambasidor (persona non grata him) had his treason still been an issue with them. And the treaty of Paris itself involved direct negotiations with Great Britain - with the American negotiators including several who'd preformed actions that would have been judged traitorous had the Revolution failed. Again apparently no problem sitting across the table practicing diplomacy with those untried traitors (to take cthia's stated view) Yet apparently nobody involved though the status of whether or not the US Founding Father's were guilty of treason was worth any discussion. (If it has been that would have been a negotiation point in the peace treaty -- but no, everyone involved, France, Spain, the US, and Great Britain all recognized, at least tacitly, that successful revolt had made the question of treason moot and unworthy of mention). |
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Re: POTUS says "Theisman should be jailed!" | |
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by Fox2! » Fri Mar 31, 2017 1:42 am | |
Fox2!
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Against whom did Theisman commit treason? The Old Republic? That died when the People's Republic was proclaimed. The People's Republic? Up in smoke along with Hereditary President Sidney Harris. The Committee of Public Safety? Theisman put a bullet into its brain the same time he put one into Oscar Saint Just's.
There no longer existed a polity which could claim that Theisman had violated his oaths. His killing of St. Just precedes the restoration of the Old Republic, so asserting jurisdiction would be an ex post facto law. Tom has committed essentially the perfect crime, by winning the game of treason. |
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Re: POTUS says "Theisman should be jailed!" | |
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by cthia » Fri Mar 31, 2017 3:40 am | |
cthia
Posts: 14951
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What the hippopot am I If Theisman's freedom is contingent upon someone whose only recourse is to compare his deeds to the efforts of a segment of the British population to form an independent government outside of the British government and outside of Britain - effectively exiling themselves, then either he better fire his legal team pronto and represent himself or pray that he has as golden a view from the stalag as Michelle Henke was afforded by Pritchart! ****** * FYI only and to illustrate that there is no season for treason. Note that Kings, Queens, dictators, Countesses and the like are not immune from the long armed claw of the law. Note also there is one acquittal, William Blizzard. Germany
United States
List of people convicted of high treason in England before 1 May 1707
. Last edited by cthia on Fri Mar 31, 2017 5:44 am, edited 6 times in total.
Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense |
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Re: POTUS says "Theisman should be jailed!" | |
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by cthia » Fri Mar 31, 2017 4:19 am | |
cthia
Posts: 14951
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Nice try Vince, but it catches no joy, hence no cigar. Theisman was still negotiating... negotiating mind you, from a position of power. What right does he who may have just committed treason—who certainly just committed murder—have, to demand anything? Besides, it was not a formal surrender of himself, but a provisional surrender of the power which he then wielded—power pursuant to contentious means and murder. How would Eloise have known that any attempt to charge him with treason wouldn't result in a reprisal against her, equal to that levied upon Saint-Just. It had to have hung in the air, undulating like a pendulum... IT'S NOT TREASON! IT'S NOT TREASON! OH MY GOD IT IS NOT TREASON! "SCREAM ALL YOU WANT YOU RANCID BITCH! I hand you over the reigns of power and you decide to charge me with treason and murder?!!!"
Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense |
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Re: POTUS says "Theisman should be jailed!" | |
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by The E » Fri Mar 31, 2017 7:08 am | |
The E
Posts: 2704
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I like how you are not addressing criticisms for your absolutist positions and are instead simply doubling down on your stances. That treason is defined as a crime in all jurisdictions is not the issue here. What is is the question whether or not certain types of treason actually can be prosecuted by anyone, and if yes, who that person or institution is. So, simple question for you, cthia: Who among the surviving legal apparatus of the People's Republic of Haven has standing to prosecute Theisman for his actions in abolishing that particular regime after said regime has been abolished? What's the legal theory you're using here? To use a historical analogy: After the german reunification and the opening of the Stasi archives, criminal proceedings against identified agents of the east german state were started, targeting citizens of the federal republic who were identifiable from Stasi records. However, at no point were reciprocal proceedings started on behalf of the east german state versus agents of the federal republic. Why do you think that is? Going by your argumentation here, you seem to believe that such proceedings would have a legal theory to support them, and I would like to hear just what it is (There actually is a legal theory for why they weren't, but I'll wait on posting that until you've come up with your side of the debate). |
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