tlb wrote:UH,pg 455 wrote:"I hope no one will be offended if I say, speaking as the Republic's Chief attorney, how deeply relieved I am to be out of what we might charitably call a legally ambiguous situation."
Although Devorah Ophir-Giacconi was only sixty-eight, which was very young for a Beowulfan Director, she’d headed the Beowulfan Directorate of Justice for almost nine T-years now. She was smart, a highly respected member of the Beowulf Bar and a stubborn defender of the integrity of the legal process. Which, Benton-Ramirez y Chou reflected, undoubtedly explained her utter disdain for the Solarian League’s current state.
“Oh?” He smiled at her. “You mean now that we’re all officially traitors?”
A chorus of chuckles, some with a slight edge of nervousness, perhaps, ran around the conference room, and Ophir-Giacconi snorted.
“Actually, Jacques, I mean now that we aren’t traitors anymore. Arguably, at least.”
“Excuse me?” Konstantin Brulé-Chou raised both shaggy eyebrows. The Director of Human Affairs was almost eight centimeters taller than Ophir-Giacconi, but his legs were actually shorter than hers, and he was very broad shouldered and powerfully built. That probably helped explain his nickname of “Bear,” but his heavy eyebrows, low hairline, and big, powerful hands had contributed their bit to its inevitability. “I’d think the fact that we just supervised a vote to secede from the Solarian League definitely makes us traitors, at least in Old Chicago!”
“No,” Ophir-Giacconi said. “We were traitors while, as a member of the Solarian League, we were actively aiding and comforting a star nation—arguably, three star nations, really—who are in a state of war against the League. Now we’re either an independent star nation or we’re rebels, not traitors. There is a legal distinction. Our own judiciary’s interpretation is that we just became an independent star nation again for the first time in seven hundred and seventy T-years through the legitimate exercise of our constitutional rights as a member system of the Solarian League. That means that—like any independent star nation—our foreign policy, including any military alliances we choose to make, is our affair and no one else’s, so no one can accuse us of treason for whatever we decide. I doubt anyone in Old Chicago’s interested in our interpretation, but it is a matter of public record. And as a nitpicking attorney, I’m glad to get out of the moral and legal middleground.”
She probably had a point there, Benton-Ramirez y Chou acknowledged. There was a certain legal and moral…murkiness to the Republic of Beowulf’s actions over the last seven months or so—starting with the decision to warn both Landing and Nouveau Paris about Filareta’s impending attack—regardless of how justified its position might be.
It was still difficult for him to realize Beowulf, the primary mover behind the creation of the Solarian League, really, was in the process of destroying it.UH,pg 456 wrote:But there'd never been an alternative once Innokentiy Kolokoltsov and his fellows refused to acknowledge even the possibility of the Alignment's existence and doubled down on their conflict with Manticore and her allies, instead. The Mandarins' effort to scapegoat Beowulf for the disastrous outcome of Operation Raging Justice had only underscored his star system's lack of options, and the decision to call a plebiscite to consider secession had made itself.cthia wrote:I hate to say I told you so, but, well, I DID I DID I DID TOLD YOU SO!
Do also note the remarks about the moral implications of Beowulf's actions, as well, that, I was oh so nice to point out, oh so long ago.
It was simply shocking to me that Beowulf had abandoned certain morals, scruples and values. Out of their understandable festering hatred for the Mandarins, Beowulf had become much of what they detested. They still had a moral obligation to those innocent men and women of the League it helped form. Informing the SKM that Filareta was coming, yet not making it known to the SLN/Mandarins/League that they had done so -- and that a welcoming party had been formed -- was not only appalling, but morally bankrupt.
Things are not as severe as you paint them unless RFC is being imprecise in his language. Note that the situation prior to the secession is described as "legally ambiguous", "moral and legal middleground" and "legal and moral murkiness". If the participants really believed that they were guilty of treason (as opposed to being considered traitors by the Mandarins), then those words would be much too mild. They were in a legal and moral murk because their obligations to friends and family at Manticore were being tested by the corrupt government of the Solarian League. They chose to resolve the ambiguity by seceding, which is not your favored course of action; but is as moral and legal as anything you propose.
As to why they did not believe their actions while part of the League were illegal, that is explained by a quote from A Rising Thunder:ART,pg 185 wrote:There's been no declaration of war, and Article Five of the Constitution specifically denies the federal goverment authority to dictate to system governments in time of peace.
PS. I had to type the leading sentence into the first quote and the text of the next two quotes from the books, so I hope there are no mistakes. I corrected the spelling of "Nouveau".
You are desperately reaching. Standing on a ladder isn't going to help either. It's a foregone conclusion.
I'm going to attempt this anyway, but I don't expect it to fall on anything but deaf ears. But like the Manticorans, I am morally obligated to try.
First things first. There's absolutely nothing ambiguous about this.
The arguable part is referencing the fact that the "League" may disagree that they've passed that particular milestone.“Actually, Jacques, I mean now that we aren’t traitors anymore. Arguably, at least.”
Really pay attention to the next one . . .
“No,” Ophir-Giacconi said. “We were traitors while, as a member of the Solarian League, we were actively aiding and comforting a star nation—arguably, three star nations, really—who are in a state of war against the League."
There sure as hell isn't anything ambiguous or imprecise about that statement -- coming from a top notch respected lawyer, and member of the Beowulf bar -- either.
The moral and legal middle ground, is the same moral and legal middle ground I've been pointing out all along. If you wouldn't have been so antsy about objecting to my analogy of a marriage and accepted that it was simply a tool to facilitate understanding, you might have understood it. Here's a concise reenactment of the thread's civil war for your benefit . . .
Reenactment of the thread's Civil War . . .
TECHNICALLY YOU ARE STILL MARRIED. MORALLY, YOU ARE IN LIMBO.Just like when you are going through the process of a divorce, while you are in the process of seceding -- especially while in the middle of a war -- you still, technically, have an undisputed responsibility to your husband. You are in limbo. Before she pulled off a successful secession, Beowulf was in limbo.
There is a passage in UH that I can't seem to locate. It is out of the mouth of a Mandarin that states, paraphrasing . . .
"Contacting an enemy directly during a state of war is considered treason. The Manties had declared war."
Granted, If my memory serves me right, I don't think the Mandarin in question was talking about Beowulf. I think it was a discussion about Hypatia, also a founder since youth. But it doesn't bode well for Beowulf, whoever the discussion was about.