|
Register | Sign In |
|
QuickSearch
Thread ▼ Details |
Member (Idle past 5849 days) Posts: 7405 From: satellite of love Joined: |
|
Thread Info
|
|
|
Author | Topic: Disagreeing with laws and upholding laws and arguing they should be upheld | |||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. the people, and their elected legislators have a responsibility to alter or abolish unjust laws. but. law-enforcement personel have the responsibility to enforce all laws currently in use. lawlessness helps no one.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
What does defying a law accomplish in changing it?
Defiance is more likely to polarize people against the defiant than to build a consensus that can be used in a democratic process. it's not about building consensus. it's about demonstrating the wrong that is being perpetrated. most unjust laws have been ignored prior to the disobedient action dealing with them.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
that too.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
soldiers are allowed to defy their orders if they feel it conflicts with law (including the Constitution). They have that right... though they are likely to find themselves in the pokey until their case is reviewed. that's pretty much the gist of it. but they aren't permitted to express political opinion while in uniform. unfortunately, there's often an overlap and it's not always easy to tell. sure, you refuse to rape the girl in the camp with a machete, but when your job is to arrest the man stealing water because the government aid prevented the emergency relief water from coming, you kind of have to do it. i recently took the foreign service exam. if i pass this part and then the oral and i receive a commission, i will be banned from expressing public disapproval for any foreign policy decision. i really don't know what to do about that. is the internet safe enough? no. but that's the responsibility that i will accept if i am commissioned. i will not just a citizen, i will be a representative of the government and specifically of the state department. i will be a target to those who seek to express something to the government and i will be a mouthpiece for that body.
Sometimes it takes defiance by these members to make a difference. A stirring image was that lone man stopping a column of tanks in China. he was a private citizen, as far as i know.
I think once a civil servant is confronted with a law which is disagreeable to their concept of humanity and rights, they should defy it just as much as any other individual. the problem is that their defiance may put lives at risk. it seems very simple, but it's not.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
Civil disobedience is a fine and necessary tradition. One does then expect prosecution under the law, but one also expects the opportunity to argue that the law is unjust and should not be upheld. moreover, our system of judicial review half depends on civil disobedience.
Sometimes the democratic consensus has to be whacked to get its attention. i can't think of anything that better describes the whole of american history.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
the nation that condones defiance of the law we also, at least theoretically, maintain the right to violently overthrow our government.
Here's a tip: If you don't pass stupid laws, you won't have to defy them. that sounds easy enough, but with a population as big as ours, we have a lot of idiots... unfortunately, sane people here tend to not vote.
Why would people go out and defy a law that they just voted in? the same reason the church used to support the legalization of abortion and then turned tail when it finally happened. idiocy.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
So, the sane people would rather defy laws passed by idiots than vote? no. most of the sane people are too lazy to do that either. i think the problem is that we have this cowboy self-identity (i say we...) in which we are islands and nothing affects us. voting doesn't matter because my vote doesn't count and they wouldn't listen to me and the laws don't really affect my life anyways. it's a disease. Edited by brennakimi, : No reason given.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
no.
also, what does democracy have to do with a discussion about the us? Edited by brennakimi, : No reason given.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
you will kindly recall that citizens don't vote for amendments.
our representatives listened to the reactionary teetotalers and thought it would be better for society if we didn't drink. they quickly realized that it created more crime and didn't solve the social ill. Edited by brennakimi, : No reason given.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
I've been talking about democracy since word one. I didn't bring up the U.S. but, more to the point. the point of democracy is to preserve the rights of the individual. if individuals are not being represented, they need to make their plight apparent.
Will you kindly recall that not everybody on earth needs to know that? if you're going to ask why we were so insane as to do "X" you'll need to understand how our government works. you chose to discuss american prohibition.
I've been talking about the general principle of upholding the law (especially in a democracy). it's a faulty principle.
I don't plan to waste an entire thread fending off a handful of americocentric examples. you chose to discuss american policy.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
At any given time, some laws are enforced more vigorously than others, and some are even ignored. naturally. but that's very different than purposely not enforcing certain laws in direct opposition to vocal political turmoil. you know how they had to call in the national guard to escort students into school against the will of the people and the local authorities? yeah. that's a bit different than "you know what? let's not bug all teenagers' bedrooms to see if they're having under-age sex."
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
Do we change speed limits by speeding? actually, yes.
So I need to know the answer before I ask a question? Tough rules. you need to understand the system you're going to deride before you do so.
If American examples are all you have, does it occur to you that the American experience might not be the only facet of the subject? i didn't give you any examples. i was responding to the discussion at hand.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
Technically dutch peace keeping troops were following orders arresting a man stealing water and turning thousands of people over to a genocidal mob after lying to them and telling them they were being taken to safety are entirely different things.
I hope you get your commission and don't have to face such horrible situations. i don't anticipate much trouble speaking only english and french and being a political analyst.
I do get restrictions on public disapproval. I view that as different than disobedience. i don't.
Actually I do understand your point here. Chain of command is important, and sometimes local "injustices" have to be carried out (or allowed for) within an overall action at mass scale. But this does not undermine my point... it only qualifies it. i quite agree. it's nasty territory considering i have serious problems with authority. i know when to do my job. but i know it won't be easy.
|
|||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3957 days) Posts: 4258 Joined: |
Canadians are , at least, a little embarassed about breaking a bad law. You guys seem to revel in it. we were kind of founded by a bunch of lunatics who wore wild animal skins and didn't bathe for years at a time.
Politicians aren't more likely to repeal a law if people are breaking it. They're more likely to put more "teeth" into it. (Do you use that expression in the U.S.?) it depends on what the "teeth" would result in, and what the disobedience has resulted in, and whether the law has a chance of actually accomplishing the social goal it's set out to fix and whether they've realized that the social goal they were attempting to achieve is better reached by some other means. lets talk about teen pregnancy. we have four possible ways to solve teen pregnancy: 1. teach abstinence; pray for the best.2. criminalize teen sex and enforce with draconian and perverse techniques. 3. mandate and enforce mass birth-control techniques among teens, violating their privacy and potentially their health. 4. teaching responsible sex-ed and ensuring that all birth-control measures are safe, affordable, and accessable regardless of age or marital status. all of these are "reasonable" methods or prevention. they could potentially reach the goal. but some are not efficient and the rest are... obscene. however, they have pretty much all been utilized in this country at various times and in various groups (though not necessarily for the cause of teen pregnancy). sometimes legislators make a choice and non-compliance demonstrates that they made the wrong one.
|
|
|
Do Nothing Button
Copyright 2001-2023 by EvC Forum, All Rights Reserved
Version 4.2
Innovative software from Qwixotic © 2024