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Tuesday, July 17, 2007 - 7:30pmSanction this postReply
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Maybe this should be in Q&A, but...

If racist behavior is objectively irrational and immoral, how can outlawing racist behavior (and I'm talking about racist behavior here, not racist though) be irrational and immoral?

Objectivism argues that law is or should be derived from morality, but which parts of morality? Answer: apparently, not the morality dealing with racism.

To anticipate one answer, racist behavior does have a deleterious effect on those targeted by such behavior, as well as on society at large (basically because it inefficiently restrains trade). So it's not a "victimless crime" so to speak.

I'd like to limit the discussion to racist behavior in regard to commercial transactions. So let's avoid the old miscegenation laws, hate crime stuff, and free speech laws.

*Jordan*

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Tuesday, July 17, 2007 - 7:38pmSanction this postReply
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Because immoral behavior is only criminal when it involves the initiation of force?

Is this a trick question?

Post 2

Tuesday, July 17, 2007 - 9:13pmSanction this postReply
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Practically, all the rules and regulations, police, evidence collecting, court time wasted, all just to enforce something that need not be enforced because being racist reduces profits and increases competition.

But really, I prefer that
- an owner of property has more freedom to choose what he does with his property
over
- that minorities get equal access to some obscure product from some obscure business and then loose the freedom to choose what one wants to do with their own property.

Uh-oh, the last three cars you owned you sold to white men. The next one has to be sold to an African American, otherwise you have to pay a fine. What a horrible mess and a huge waste of time and concern.

Post 3

Tuesday, July 17, 2007 - 9:29pmSanction this postReply
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Ted,

The problem is that behavior can be morally wrong even if it doesn't involve the initiation of force. Why should the law ban only those immoral acts that involve the initiation of force?

Dean,
But really, I prefer that...
Is this really a matter of mere preference?

Jordan


Post 4

Tuesday, July 17, 2007 - 10:10pmSanction this postReply
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Jordan, I really do find the question bizarre. Your profile says you've been familiar with Rand for 10 years. The purpose of government is to use regulated force to protect its citizens from the initiation of force, not to coerce people into acts of private morality that don't involve criminal acts against third parties.

Maybe you should give some examples of what it is that you think are immoral acts which the government should regulate and say why? The way you are asking the question is too vague for me really to answer directly beyond my first post. Give some examples and it should be much easier to address the issue.

Ted

Post 5

Tuesday, July 17, 2007 - 10:42pmSanction this postReply
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Jordan, you ought to read Rand's "Capitalism: The Unknown Ideal" to get answers to your questions. Like Ted says, if someone commits an immoral act, the question is when should government be involved, and the answer to that is only when someone's rights have been violated, and that happens when someone initiates force against another. You do not have the right to demand a car dealership offer you a car to sell to you if you are a minority. A car dealership discriminating against someone because of ethnicity or whatever reason, is not an initiation of force so why should government be involved? Let's run a list of things that is immoral, but is not a violation of rights and you tell me if government ought to be involved:

Having an affair

Drinking alcohol to excess or drug abuse

Lying to your parents about your grades

Spreading false rumors (provided they are not for the purpose of or result in financial damages)

Using your expression of free speech to advocate socialist policies

Burdening your family or friends by asking for financial assistance but make no effort to pay them back

Mocking another persons pain and suffering when you hear they had a recent death in the family

I mean really we could go on forever but I think no one in their right mind would think we should start arresting people for just any kind of immoral behavior.



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Tuesday, July 17, 2007 - 11:02pmSanction this postReply
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"mere preference", no, preference based on reasons I suppose. Such as that it would cause higher taxes and reduce people's willingness to go into business and I don't like taxes because I'd rather spend the money on better food, security/home, cloths/equipment/computers, medical procedures, production of goods and services, research, and I'd rather more people were in business so I could have more options.

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Post 7

Tuesday, July 17, 2007 - 11:25pmSanction this postReply
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If racist behavior is objectively irrational and immoral, how can outlawing racist behavior (and I'm talking about racist behavior here, not racist though) be irrational and immoral?

Objectivism argues that law is or should be derived from morality, but which parts of morality? Answer: apparently, not the morality dealing with racism.

To anticipate one answer, racist behavior does have a deleterious effect on those targeted by such behavior, as well as on society at large (basically because it inefficiently restrains trade). So it's not a "victimless crime" so to speak.

I'd like to limit the discussion to racist behavior in regard to commercial transactions. So let's avoid the old miscegenation laws, hate crime stuff, and free speech laws.
The standard of moral value, according to Objectivism, is man's life qua man. Whatever furthers man's life is the good; whatever threatens it is the evil. Therefore, according to the Objectivist ethics, every moral agent has the right to life, which means the right to pursue what he judges to be conducive to his survival. He cannot have the right to life -- i.e., the right to judge what is conducive to his survival and to act on his judgment -- if others have the right to make that judgment for him and to dictate his behavior. If someone else has the right to determine your actions, then he or she can force you to act against your survival requirements in the event of a disagreement. The freedom to act on your own judgment is thus a necessary condition for self-sustaining action, even if not a sufficient condition.

It follows from this line of reasoning that a person who judges that his survival is best promoted by not associating with members of a particular race has a right to act on that judgment, even if (according to others) his judgment is mistaken. The initiation of force is thus an immoral act, even if its purpose is to force you to do what others believe is moral. Thus, if the right to life implies the right to smoke cigarettes, eat an unhealthy diet, and commit suicide, which it does, then it also implies the right to practice racial discrimination. In short, since control of your own life is required for you to make the best (and most moral) use of it, others have no right to interfere with your freedom, even when they believe that you are acting immorally.

The fundamental issue here is: do you control your life or does someone else control it? If you don't have the right to control your own life, then neither does anyone else have the right to control his. But if no one has a right to control his own life, then he cannot have the right to control the lives of others. Therefore, the abdication of self-control is self-refuting, because it implies that people have the right to control the lives of others without having the right to control their own lives, which is a non-sequitur. Conversely, if people have the right to control their own lives, then they cannot be subjected to the control of others. Freedom of action is thus a moral and political axiom, which cannot be denied without self-contradiction.

- Bill
(Edited by William Dwyer
on 7/17, 11:30pm)


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Post 8

Wednesday, July 18, 2007 - 3:08amSanction this postReply
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Mr. X won't sell me his widgets because he holds irrational bias. Do I have a right to Mr. X's widgets, or do I shop elsewhere?

Mr. Z has the very same widgets, and after I tell him the story of Mr. X not selling them to me, Mr. Z gives me a discount on the widgets and offers the very same discount to all of my friends who want the same widgets.

Both Mr. X and Mr. Z establish a reputation in the community. Mr. X is out of business is 5 years. Mr. Z buys out Mr. X.


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Post 9

Wednesday, July 18, 2007 - 3:41amSanction this postReply
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Flip side:

Congress passes a Bill giving me the right to buy widgets from Mr. X. But Congress does not specify what can be charged for widgets (har har). Mr. X cannot refuse my money, but inflates the cost of widgets to whom he holds irrational bias.

Mr. Z seizes the opportunity to sell widgets at a lower price.

Another view:

Congress passes the Right to Widgets Bill, which stipulates that all have the right to buy widgets from whomever they choose, and no one may sell widgets for more or less than 1.00 each.

Result, Nationalized Widget Manufacturing and Sales.


Post 10

Wednesday, July 18, 2007 - 9:43amSanction this postReply
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Bill I like your post's succinct description - can I quote you on it at another board where I am fighting socialists?

Post 11

Wednesday, July 18, 2007 - 2:22pmSanction this postReply
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Hi Ted,
The purpose of government is to use regulated force to protect its citizens from the initiation of force, not to coerce people into acts of private morality that don't involve criminal acts against third parties.
I'm challenging Objectivism's stated purpose of government. Racist behavior is immoral and harms people, according to Objectivism; I trust this is not in dispute. Whether that harmful behavior should be considered criminal or unlawful is what I'm questioning. I'm also questioning why the government should enforce morality only in situations involving force initiation. Examples I'd give you would be rather generic, e.g., it's immoral to refuse to sell widgets to, hire, rent a room to, or fail to serve food to a person willing an able to pay on account of that person's race. Why is the law immoral where it protects against this immoral behavior, but moral where it does not protect against this immoral behavior?

John,

I've read Capitalism, than you very much. I'm well aware of the Objectivist view that a government should be restricted to protecting rights, and that rights are restricted to behavior that avoids initiation of force. The disconnect is that Objectivism also holds that rights (or the law) derive from morality, and morality is not restricted merely to behavior that avoids force initiation. Why protect only against (and acknowledge "rights" against) immoral acts involving force initiation, but not also protect against immoral acts not involving force initiation?

Bill,
. . . . every moral agent has the right to life, which means the right to pursue what he judges to be conducive to his survival.
I believe that is a misstatement of Objectivism. Just because one deems a judgment to be conducive to survival does not mean it is. One's life could be jeopardized from such judgment, could easily compromise one's "self-sustaining action," could undermine one's "survival requirements." Such bad judgment -- and racism is a product of bad judgment -- is neither necessary or sufficient for the right to life.  Therefore, control of one's own life is not required for one to make the best of it, if that control is irrational/immoral. Such control would be necessary only if every choice were actually conducive to one's life, which holds water only in a subjectivist system.
...If someone else has the right to determine your actions, then he or she can force you to act against your survival requirements in the event of a disagreement.
But racism is not conducive to survival according to Objectivism. It is irrational and immoral, which means necessarily anti-survival.
The fundamental issue here is: do you control your life or does someone else control it? If you don't have the right to control your own life, then neither does anyone else have the right to control his. But if no one has a right to control his own life, then he cannot have the right to control the lives of others.
I don't think it's too important, but the last sentence does not follow: Lack of right to control one's own life does not imply a lack of right to control lives of others.  More important is that you're creating a false dichotomy. None of us has complete control over her or his life. We're not omnipotent. The question really is: What parts of one's life can and should be under our own control? Perhaps one's good judgment can and should be under one's own control. Perhaps some bad judgment can and should also be under one's own control, as a learning tool, or if the issue is unclear, where some say the decision is bad and some don't.  But it seems untenable that a person can and should always be free to act on her or his own judgment, so long as it doesn't involve the inititation of force, not matter how clearly bad the judgment is.

Indeed, there are times when I suspect we'd agree it's okay for us to intervene, like where an irrationally distraught friend has a gun pointed at his head.  Is his ploy for suicide conducive to his right to life? I think not. Will it sustain his life to pull the trigger? Doubtful. Is there any doubt suicide is a good idea here? Nope. So if it's okay to intervene here, then why not in other circumstances like with blatant racist behavior?

Jordan


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Post 12

Wednesday, July 18, 2007 - 6:49pmSanction this postReply
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I'm also questioning why the government should enforce morality only in situations involving force initiation. Examples I'd give you would be rather generic, e.g., it's immoral to refuse to sell widgets to, hire, rent a room to, or fail to serve food to a person willing an able to pay on account of that person's race. Why is the law immoral where it protects against this immoral behavior, but moral where it does not protect against this immoral behavior?
So, everyone has the right to feel good all the time? If your feelings are hurt, then your rights have been violated?

Refusing goods/service/employment/etc. results in hurt feelings. That's all.
No one has a right to services/goods/employment, etc.

And you'd have to believe human beings are evil to the core to think the law must provide a moral safety valve for those things.  It doesn't.  

Why can't business people have the same rights as lay people? Why can't business owners decide who they associate with, just like anyone else?  Why are business owners subject to all kinds of moral scrutiny, when everyone else is not?

Why shouldn't moral "feel good" laws apply to everyone?  Why shouldn't private citizens be subject "discrimination laws" for refusing to talk to someone, or give them the time of day, or for simply saying "no" to an unwanted request?

Jordan, you'll have to establish why businesses are subject to these prejudices and laws, while you and I are not.


Post 13

Wednesday, July 18, 2007 - 7:49pmSanction this postReply
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Teresa,
So, everyone has the right to feel good all the time? If your feelings are hurt, then your rights have been violated?

Refusing goods/service/employment/etc. results in hurt feelings. That's all.
Being denied a hotel, a job, a loan, a mortgage, a drink from the water fountaion, a sandwich, etc. -- That doesn't just hurt people's feelings. It seriously hinders their quality of life. But consider that it's not just the people discriminated against who are harmed. The discriminators, by their own irrational and immoral behavior, are also harmed, at least according to Objectivism, lest you consider the discriminators' behavior rational and moral.
Jordan, you'll have to establish why businesses are subject to these prejudices and laws, while you and I are not.
I don't see why. As I said, I'm interested just in discussing discrimination laws as they apply to commercial transactions. Extending the investigation to "lay people" is beyond the scope of this discussion.

Jordan


 




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Post 14

Wednesday, July 18, 2007 - 9:55pmSanction this postReply
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If you don't have the right to control your own life, then neither does anyone else have the right to control his. But if no one has a right to control his own life, then he cannot have the right to control the lives of others. Therefore, the abdication of self-control is self-refuting, because it implies that people have the right to control the lives of others without having the right to control their own lives, which is a non-sequitur. Conversely, if people have the right to control their own lives, then they cannot be subjected to the control of others. Freedom of action is thus a moral and political axiom, which cannot be denied without self-contradiction.
Damn, is Bill ever good at this (philosophizing)!

Ed


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Wednesday, July 18, 2007 - 10:00pmSanction this postReply
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Teresa,

Your posts 8 and 9 are straightforwardly awesome. I really like how you distilled the essence of the situation and "widgeted" in such a clear example of where this argument leads.

Thanks.

Ed


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Post 16

Wednesday, July 18, 2007 - 10:09pmSanction this postReply
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Nice examples, John.

When I was young, I used to take a lot of risks. The risks I took were often immoral. One time, for instance, I outran a cop by racing through residential streets at over 3 times the speed limit. I came close to losing my life that day. While it's easy to see why that behavior ought to be outlawed, some of my other risky behavior -- e.g., unprotected sex -- was immoral without being illegal.

Imagine sex police who make sure that you're wearing a condom. Or investment police who make sure that you make good investments. Or fashion police who make sure that you're wearing the latest thing. Or neat police who make sure that your counter is clear. Or ...

I confess I digress.

;-)

Ed


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Post 17

Wednesday, July 18, 2007 - 10:29pmSanction this postReply
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Jordan,

Therefore, control of one's own life is not required for one to make the best of it, if that control is irrational/immoral. Such control would be necessary only if every choice were actually conducive to one's life, which holds water only in a subjectivist system.
But control of one's own life is required for one to make the best of it. Because of the way humans are, one can't possibly make the best of one's life without control of it. This issue is not subject to a disproof via counter-example. The existence of irrationality or immorality does not refute the validity of the link between control and successful living.

Lack of right to control one's own life does not imply a lack of right to control lives of others.
Yes it does. Unless humans are thought of as "created unequal." In order for a defensible right to control of the lives of others, one must demonstrate how it is that they are better at controlling these others' lives without the right to even control their own. Only those who have a right to control their own life would have a potential to a right to control the lives of others.

Think of the opposite. Think of a person not in control of their life, attempting to control others. Whoever is in control of the controller pulls the strings and -- Viola! -- the controller isn't the controller anymore (and never was). It is nothing short of axiomatic that, if you don't control your life, you don't control anything.

None of us has complete control over her or his life. We're not omnipotent. The question really is: What parts of one's life can and should be under our own control?
That's a non sequitur. It's kin to using the omniscience standard for knowledge. If we don't have it all, then we have nothing. That's bogus argumentation. Just because we don't have what you dub as "complete" control, doesn't imply that another ought to step in and make our decisions for us. This idea reminds me of the fallacy of the benevolent dictator. It fails to integrate the fact that folks are growing creatures who learn from mistakes -- and that this is the way that it should be.

Ed


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Post 18

Wednesday, July 18, 2007 - 11:48pmSanction this postReply
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I wrote, ". . . . every moral agent has the right to life, which means the right to pursue what he judges to be conducive to his survival." Jordan replied,
I believe that is a misstatement of Objectivism.
It's not a misstatement of Objectivism. It's exactly what Objectivism endorses. Quoting Rand in The Virtue of Selfishness, "LIfe is a process of self-sustaining and self-generated action; the right to life means the right to engage in self-sustaining and self-generated action -- which means: the freedom to take all the actions required by the nature of rational being for the support, the furtherance, the fulfillment and the enjoyment of his own life. . . . The concept of a "right" pertains only to action -- specifically, to freedom of action. It means freedom from physical compulsion, coercion or interference by other men. Thus, for every individual, a right is the moral sanction of a positive -- of his freedom to act on his own judgment, for his own goals, by his own voluntary, uncoerced choice." ("Man's Rights, VOS, pp. 93, 94)

But in order to engage in self-sustaining, self-generated action, one must be free to act on one's own judgment, even when others view it as irrational or mistaken. If you are not free to act on your judgment -- if I have the authority to force you to act against it in the event of a disagreement between us -- then it is I, not you, who has "the right" to determine your behavior, in which case, you become my subject or slave.

It won't do to reply that I have the right to determine your action, if it happens to be anti-life or against your interest. Anti-life or against your interest by whose judgment -- yours or mine? Someone has to decide what course of action is appropriate in the event of a disagreement. If it isn't the actor, then it's someone else. What gives someone else the authority to make that decision if the actor himself doesn't have it? Only a double standard in which some people are masters, and others, slaves -- only a political system in which some people command and others obey. Is that the kind of society you view as an answer to racism?
Just because one deems a judgment to be conducive to survival does not mean it is.
I agree. And, by the same token, just become someone else deems a judgment to be conducive to your survival doesn't mean it is. Obviously, in order to be free to do what is in your objective self-interest, you must be free from physical compulsion, coercion or interference by those who disagree with you.
One's life could be jeopardized from such judgment, could easily compromise one's "self-sustaining action," could undermine one's "survival requirements."
Yes, and so could the bad judgment of someone else, if he or she has the right to dictate your behavior.
Such bad judgment -- and racism is a product of bad judgment -- is neither necessary or sufficient for the right to life.
I agree. What is necessary is the right to act on your judgment even when it is bad or mistaken.
Therefore, control of one's own life is not required for one to make the best of it, if that control is irrational/immoral.
Irrational or immoral by whose judgment? Yours or someone else's? Your position amounts to the assertion that you should have control over your behavior only when it is not regarded as irrational or immoral by someone else.
Such control would be necessary only if every choice were actually conducive to one's life, which holds water only in a subjectivist system.
Not true. You are advocating intrinsicism and calling the alternative "subjectivism." To be sure, there are objectively right and wrong choices, but someone must evaluate them as such. Someone must judge them as right or wrong. So, the question then becomes, if my judgment is at odds with yours on which choices you should make, do you have the right to act on your judgment, or do I have the right to force you to obey mine? Were you to opt for the latter, you'd be making a judgment that it is proper for me to force you to act against your judgment.

I wrote, "...If someone else has the right to determine your actions, then he or she can force you to act against your survival requirements in the event of a disagreement."
But racism is not conducive to survival according to Objectivism. It is irrational and immoral, which means necessarily anti-survival.
I agree. So are you saying that I, as an Objectivist, have the right to force non-Objectivists to do what I think is rational and moral? If so, then why don't they have the right to force me to do what they think is rational and moral? After all, they believe in the validity of their judgment just as much as I believe in the validity of mine. So, if I should try to control them for the sake of my values, then why shouldn't they try to control me for the sake of theirs?

I wrote, "The fundamental issue here is: do you control your life or does someone else control it? If you don't have the right to control your own life, then neither does anyone else have the right to control his. But if no one has a right to control his own life, then he cannot have the right to control the lives of others."
I don't think it's too important . . .
You don't think the issue of control is too important?! It's the main point of the discussion, isn't it?!
but the last sentence does not follow: Lack of right to control one's own life does not imply a lack of right to control lives of others.
Sure it does. If you don't have the right to control your own life, then how can you have a right to control the lives of others? The right to control your own life is a precondition for the right to control the lives others. You can't have the one without the other.
More important is that you're creating a false dichotomy. None of us has complete control over her or his life. We're not omnipotent.
Oh, for Pete's sake, did you really think that that's what I meant by "complete control." What I meant is complete control over one's choice of action.
The question really is: What parts of one's life can and should be under our own control? Perhaps one's good judgment can and should be under one's own control.
"Good" by whose judgment -- yours or someone else's?!
Perhaps some bad judgment can and should also be under one's own control, as a learning tool, or if the issue is unclear, where some say the decision is bad and some don't.
"Bad" by whose judgment -- your's or someone else's?! As for the issue being "unclear, where some say the decision is bad and some don't," the issue is always unclear where someone else is claiming the right to force you to act against your judgment, since he views your decision as bad whereas you obviously don't.
But it seems untenable that a person can and should always be free to act on her or his own judgment, so long as it doesn't involve the initiation of force, no matter how clearly bad the judgment is.
"Clearly bad," according to whom? Evidently, according to someone other than the moral agent.
Indeed, there are times when I suspect we'd agree it's okay for us to intervene, like where an irrationally distraught friend has a gun pointed at his head. Is his ploy for suicide conducive to his right to life? I think not.
His suicide is not conducive to the preservation of his life. But if the right to life implies the right to act on one's judgment, then it implies the right to commit suicide, whether slowly by the practice of poor health habits or quickly by a self-inflicted gunshot wound. The alternative is to surrender control of one's life to the dictates of others, which is itself irrational and immoral.
Doubtful. Is there any doubt suicide is a good idea here?
Doubtful to whom? You and I may not think it's a good idea, but there may be no doubt in the mind of the person who is committing suicide that it's a good idea.
Nope. So if it's okay to intervene here, then why not in other circumstances like with blatant racist behavior?
Well, one could make the argument that, unlike the committed racist, the distraught friend is not in his right mind. But if the person is clearly of sound mind and chooses to commit suicide (say he has an agonizing, terminal disease and no longer values his life), then he has the right to make that choice. In the same way, a person who sincerely believes in racism has the right to act on his judgment, so long as he doesn't violate the equal rights of others to act on theirs.

- Bill

P.S. Ed, I just now saw your reply to Jordan's rejoinder to my earlier post. Thanks! Great minds think alike. ;-)


(Edited by William Dwyer
on 7/19, 12:06am)


Post 19

Wednesday, July 18, 2007 - 11:51pmSanction this postReply
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Ed, the exact beauty of post 16
was not, as you confessed,
that you digress by answering the question.
Itself, the question posed, is the digression.

Ted Keer

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