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Post 60

Monday, August 6, 2007 - 6:21pmSanction this postReply
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Jon L said it best on that thread (sorry Jon I don't mean to speak on your behalf) about subpoena powers:

James,

You argued earlier in this thread that an eminent domain taking is legitimate in a battlefield context. You said yes, this is a violation of the rights of the property owner, but that the initiation of force is from the attackers, not the defenders who require the land.

You have also argued elsewhere that innocents killed in a foreign country we attack have their [own] government to blame for the initiation of force against them.

So what’s wrong with saying that I must testify in your favor when you are wrongly accused of murder and in threat of execution, if I have information that would exonerate you? Can’t we say, yes Jon is forced to testify, but the initiation of force is from the murderer I can identify rather than from your defense attorney or the state?


I can't think of anything to counter that argument.


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Post 61

Monday, August 6, 2007 - 7:05pmSanction this postReply
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“Jon L said it best on that thread (sorry Jon I don't mean to speak on your behalf) about subpoena powers”

No problem, John. So long as you compliment me when you quote me, quote at will!

“I can't think of anything to counter that argument.”

Neither could James, that’s why his response was to suggest I learn how to read, or some such.


Post 62

Monday, August 6, 2007 - 7:06pmSanction this postReply
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LOL, allow me to compliment you then Jon! Well argued :)

Post 63

Monday, August 6, 2007 - 9:38pmSanction this postReply
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As Rand said there is no honest reason to not come forward to help someone who is hurt by providing evidence. If the government has the authority to establish justice I don't see how refusing to participate is a legitimate right?
They have the authority to defend someone's rights against the initiation of force, but they don't have the right to initiate force themselves in order to defend these rights. Quoting Rand in Atlas Shrugged, "Force is proper only in retaliation and only against the man who initiates its use."
If criminals do not have the right to not have force employed against them for their criminal actions of initiating force, I don't see why an individual privy to evidence refusing to come forward does not itself become an act of initiation against the defendant or the victim (depending on whether the evidence shows guilt or innocence).
The difference is that the criminal has initiated force; the person with the evidence has not; he is simply refusing to provide it. The situation here is no different than refusing to defend someone's rights, if you have the opportunity. You certainly have a right to refuse to do that, even though your refusal may result in the victim's being seriously harmed or injured.
And by what right then does an obstructer of justice have to say the government cannot employ force against him?
If there aren't enough police and you refuse to volunteer your services, are you obstructing justice? No, you're simply refusing to serve the criminal justice system. The same is true of the person who refuses to testify. He's not obstructing justice; he's simply refusing to serve the criminal justice system.

- Bill


Post 64

Monday, August 6, 2007 - 9:50pmSanction this postReply
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Jon,

================
“I can't think of anything to counter that argument.”

Neither could James, that’s why his response was to suggest I learn how to read, or some such.
================

You know, Jon, you can be a real m-f'er sometimes. Did you know that?

Ed
[and I, for one, really do appreciate that part about you]

;-)

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Post 65

Monday, August 6, 2007 - 10:14pmSanction this postReply
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Yes, I know it.

And I appreciate it about you, too.

Today I was thinking…

“Ted’s right. Some people don’t know how bad a lawless situation can be. And if they found themselves in one, they might warm up to Ted’s, Ed’s and my knack for fucking up bad guys. Sure, we’d make mistakes, Ted would beat up photographers, Ed would compile long lists of quotes from Western thinkers when there was captured ammo to gather, etc. But we’d waste a lot of bona-fide bad guys, mostly. And as the sun set each night, they would obsess, not so much about our mistakes, but about, ‘Where’s Ted, Ed and Jon? Shit, oh, shit, it’s dark, I lost ‘em, where are they? Ted!!! Ed!!! Jon!!! I think I found some ammo, come to me! Remember those good times on RoR?!!!!’


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Post 66

Monday, August 6, 2007 - 11:05pmSanction this postReply
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James,

You argued earlier in this thread that an eminent domain taking is legitimate in a battlefield context. You said yes, this is a violation of the rights of the property owner, but that the initiation of force is from the attackers, not the defenders who require the land.

You have also argued elsewhere that innocents killed in a foreign country we attack have their [own] government to blame for the initiation of force against them.

So what’s wrong with saying that I must testify in your favor when you are wrongly accused of murder and in threat of execution, if I have information that would exonerate you? Can’t we say, yes Jon is forced to testify, but the initiation of force is from the murderer I can identify rather than from your defense attorney or the state?
Hey, why stop there, guys?! Why not reinstitute the military draft?! We could justify that too on the grounds that it isn't our government but the enemy who has initiated force against the draftees. In fact, we could justify taxes on that basis. It isn't the government who's initiating force against the hapless taxpayer. It's all those criminals that the government needs to defend us against! So, the criminals are really the one's responsible for taking our money. Think of the possibilities!

- Bill

Post 67

Monday, August 6, 2007 - 11:13pmSanction this postReply
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“Hey, why stop there, guys?!”

Stop earlier, then?

May I NOT enter the land of a protesting farmer when a gun is pointed at my head and I wish to defend myself?

May I NOT kill a single innocent while retaliating against violence initiated against me?


Post 68

Monday, August 6, 2007 - 11:15pmSanction this postReply
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Jon,

==================
Some people don’t know how bad a lawless situation can be. And if they found themselves in one, they might warm up to Ted’s, Ed’s and my knack for fucking up bad guys. Sure, we’d make mistakes, Ted would beat up photographers, Ed would compile long lists of quotes from Western thinkers when there was captured ammo to gather, etc.
==================

Good one!

;-)

To the others -- who aren't one of us 3 Musketeers inside a lawless land -- be sure that I, for one, would protect you from brutes or savages who show no respect for life or justice. This is not altruism. I would protect you because I've found you to be of such value to me. I would also, of course, fight a personal threat to me that might otherwise grow -- if it were not met with a violent and immediate force.

And I would also do it because, if I just sat there still, watching a brute grabbing at your food, smacking you down when you try to defend it -- even though it's merely one meal you'd have lost to a "man" with no respect for life or justice -- I'd feel psychological costs. Instead of merely watching a savage brute take your meal from you forcefully, I would grab a nearby rock, and smash it into his head -- hard enough to break his skull.

When dealing with such an organism -- one who has no respect for life or justice -- in such a land, I would attempt to "rehabilitate/incapacitate" him. I would deal with him as if he were a wild animal -- i.e., by a forceful "containment" of his abilities to live his life in the way that he sees fit.

To wrap-up then, my 3 moral reasons for the initiation of force at the time would be to:

(1) secure my own physical survival
(2) protect my outer values (i.e., you guys and gals)
(3) protect my inner values (i.e., my conscience, self-esteem, and my very peace of mind from acting toward the world I want to live in)

Never "feed a crocodile."

;-)

Ed
[Geez, I hope that I didn't come off too "Nietzschean" with this post!]
(Edited by Ed Thompson on 8/06, 11:18pm)


Post 69

Monday, August 6, 2007 - 11:20pmSanction this postReply
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I don't understand the objection Bill. How does objectivism justify a nation going to war in its self-defense that may result in the deaths of civilians residing in that aggressor nation then? If it's not the nation who is defending itself that is at fault for killing civilians, then how do we square this away with the NOIF principle if we are to apply it devoid of any context? If the use of force is put into its proper context I don't think there is a legitimate slippery slope argument to make here. We can certainly make an intellectual distinction between a subpoena power for instance (which is to establish justice) and a welfare argument (which is to establish a marxist welfare state).

Post 70

Monday, August 6, 2007 - 11:26pmSanction this postReply
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A little bit reptilian, Ed, but not too "Nietzschean."

Post 71

Monday, August 6, 2007 - 11:27pmSanction this postReply
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“Hey, why stop there, guys?!”
Stop earlier, then?

May I NOT enter the land of a protesting farmer when a gun is pointed at my head and I wish to defend myself?

May I NOT kill a single innocent while retaliating against violence initiated against me?
That's a different issue, isn't it? In a case like that, you are directly defending your own life. It's an emergency situation in which you're very survival is on the line. That's not the case with government subpoenas, jury duty, military conscription, or taxation. When the government agents arrest someone for failure to testify, report for active duty, serve on a jury or pay taxes, they're not doing so in an emergency when their very lives are at stake.

- Bill

Post 72

Monday, August 6, 2007 - 11:34pmSanction this postReply
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To the others -- who aren't one of us 3 Musketeers inside a lawless land -- be sure that I, for one, would protect you from brutes or savages who show no respect for life or justice. This is not altruism. I would protect you because I've found you to be of such value to me. I would also, of course, fight a personal threat to me that might otherwise grow -- if it were not met with a violent and immediate force.
Ed, are you talking about retaliating against someone who has initiated force or is threatening to do so? And if you are, then your action is not the initiation of force; it's retaliatory force.
And I would also do it because, if I just sat there still, watching a brute grabbing at your food, smacking you down when you try to defend it -- even though it's merely one meal you'd have lost to a "man" with no respect for life or justice -- I'd feel psychological costs. Instead of merely watching a savage brute take your meal from you forcefully, I would grab a nearby rock, and smash it into his head -- hard enough to break his skull.
Fine, but this sounds to me like retaliatory force. No argument there.
When dealing with such an organism -- one who has no respect for life or justice -- in such a land, I would attempt to "rehabilitate/incapacitate" him. I would deal with him as if he were a wild animal -- i.e., by a forceful "containment" of his abilities to live his life in the way that he sees fit.

To wrap-up then, my 3 moral reasons for the initiation of force at the time would be to:

(1) secure my own physical survival
(2) protect my outer values (i.e., you guys and gals)
(3) protect my inner values (i.e., my conscience, self-esteem, and my very peace of mind from acting toward the world I want to live in)
Why do you refer to this as the "initiation" of force and not retaliatory force? What am I missing?

- Bill

Post 73

Monday, August 6, 2007 - 11:36pmSanction this postReply
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Then, Bill, you DO accept violating the protestations of a landowner in a battlefield context? You approve entering his land, against his objections, for the purpose of mounting a defense against an invader?

And you DO accept the justice of killing innocents in the course of responding to an attack by a foreign power?

James’ survival IS on the line—he’s accused falsely of murder. I can identify the true culprit. I don’t feel like testifying.


Post 74

Monday, August 6, 2007 - 11:39pmSanction this postReply
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I don't understand the objection Bill. How does objectivism justify a nation going to war in its self-defense that may result in the deaths of civilians residing in that aggressor nation then? If it's not the nation who is defending itself that is at fault for killing civilians, then how do we square this away with the NOIF principle if we are to apply it devoid of any context? If the use of force is put into its proper context I don't think there is a legitimate slippery slope argument to make here. We can certainly make an intellectual distinction between a subpoena power for instance (which is to establish justice) and a welfare argument (which is to establish a marxist welfare state).
No, I don't think you can make the subpoena distinction. It's not the same as war. It's not an emergency situation. How is forcing people to testify any different than forcing them to join the army or police force in order to overcome a manpower shortage? Or forcing them to pay taxes in order to make up for a revenue shortfall?

- Bill


Post 75

Monday, August 6, 2007 - 11:45pmSanction this postReply
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Then, Bill, you DO accept violating the protestations of a landowner in a battlefield context? You approve entering his land, against his objections, for the purpose of mounting a defense against an invader?
Yes.
And you DO accept the justice of killing innocents in the course of responding to an attack by a foreign power?
One should never deliberately target innocents. To do so is to commit a war crime. If innocents are killed by bombs not targeted against them but against the enemy, then their deaths are on the head of the enemy.
James’ survival IS on the line—he’s accused falsely of murder. I can identify the true culprit. I don’t feel like testifying.
Then you are an immoral bastard! But you have a right to abstain from testifying if you choose.

- Bill
(Edited by William Dwyer on 8/06, 11:51pm)


Post 76

Monday, August 6, 2007 - 11:56pmSanction this postReply
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“No, I don't think you can make the subpoena distinction. It's not the same as war. It's not an emergency situation.”

It’s not an emergency, unless you are the one accused of murder and might well hang, while Jon whistles about his right to withhold evidence that might well set you free.

“Then you are an immoral bastard!”

Well, at least you’ll hang knowing in your heart what an immoral bastard I am.


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Post 77

Tuesday, August 7, 2007 - 12:18amSanction this postReply
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I agree with everything Bill Dwyer has said above in posts #63, #66, #71 and #75. The issues of compulsory testimony, compulsory jury duty and conscription into the armed forces is the same as the good Samaritan laws which proscribe compulsory aid to others. If you support one, then I cannot see any philosophical justification for not supporting all of the others - and much more that logically follows.

Judge as you will the worth of any individual in any specific circumstance where that individual does not choose to participate in offering aid under a circumstance where you believe that they should do so. But where, in the process of making that judgment does the justification arise to force someone to act in a manner contrary to their own wishes?

I think that all of this discussion about war and emergency situations is mostly a diversion from a reasonably simple issue regarding the use of force by one or more people against others. Does a person have the right to decide the course of their own life or not? If you want to begin specifying certain exceptions to this principle, good luck defending your position against others with a different list of exceptions.

If you don't like the choices a person makes, you can act by excluding them from your life. This is the proper response to the photographer, the draft dodger, or the person who withholds evidence in a criminal proceeding with whose actions you abhor.

Jon writes:

> Well, at least you'll hang knowing in your heart what an immoral bastard I am.

So does this mean that you believe that the ends justify the means?

Regards,
--
Jeff

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Post 78

Tuesday, August 7, 2007 - 12:24amSanction this postReply
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Surrendering to Moral Blackmail

I am most disturbed by the turn of this thread away from the discussion of those circumstances which might justify my overwhelming emotional need to find a paparazzo to throttle.

:)

But I find the question of the justness of compelling witnesses to testify in trial somewhat odd.

If one looks at the matter out of context, the existence of a police force that will keep one from entering a crime scene, the need for taxes to build courts and jails and pay the salaries of court officers, the requirement that all serve on juries, all these seem like initiations of force.

But initiation of force by whom?

If it were not for the fact of criminals and tortfeasors, the need for such things as subpoenas would not exist. In the enforcement of justice, guilt never accrues to those acting on good faith to enforce justice, it solely accrues to the wrongdoers. To argue otherwise is to adopt anarchy and reject the possiblilty of objective law in the name of surrendering to moral blackmail.

Ted Keer

Addendum. There is an essential difference between military conscription and jury duty. Conscription subjects the entire person to risk of life and limb for a period to fight a threat external to the nation, and regardless to his knowledge of a crime. Conscription is not used to fight crime but to compel people to fight in foreign lands. If such causes are proper, there will be sufficient volunteers as there are now in the current wars. Jury duty and especially the compulsion of witnesses should not place a person's life or livelihood at risk, and witnesses are in a unique position to provide information. Under special circumstances a witness can testify in closed court, anonymously, or by affidavit.

(Edited by Ted Keer on 8/07, 12:33am)


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Post 79

Tuesday, August 7, 2007 - 12:26amSanction this postReply
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“So does this mean that you believe that the ends justify the means?”

The end, as in: Justice, as in: Getting a loose murderer into custody? The end, as in: Justice, as in preserving Bill’s innocent life from the hangman’s noose?

The means, as in: Compelling me to tell the truth, the whole truth and nothing but the truth?

Yes, I believe in that.


(Edited by Jon Letendre on 8/07, 12:40am)


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