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 Post subject: Re: Capital punishment - for or against?
PostPosted: Sun Mar 07, 2010 11:06 am 
Junior Acolyte
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Location: Nijmegen, Netherlands
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I'd define myself as a libertarian, I want minimal-state. State should defend nation from foreign threat, ensure crimes are punished... and that's about all. Everything else can (and should) be provided by private sector. Of course, in this system taxes are low (because state has so little to do), and we have money to pay for private service.


I trust private business even less than the state. But I can see why you mean that.

Quote:
Well, NSDAP won elections - argument against democracy? Since we're mentioning that - I'm always amused when they call neo-nazis "extremely-rightist" - whereas NSDAP was "National Socialist German Workers' Party" - "extreme-leftist" one can say. Regardless, nazis are pure evil and I wonder if freedom of speech should be applied when it comes to them.


Hah, I'm glad you said that. Common misconception. Despite the name the NSDAP had little to do with socialism as practised by their enemies in the KPD. What they had in common was the wooing of the working class as a fighting force (through soup kitchens etc.). Their real clientèle was a frightened middle and upper class, who for various reasons joined them (agreeing with their ideology, fear of communism and lots else).
Argument against democracy? Only on the surface. It is definetly a warning that a democratic system will selfdestruct IF THERE ARE NO DEMOCRATS.

Lets examine.
For a long while we have Paul v. Hidenburg as head-of-state, who was never at home with democracy (he was from the old monarchy club). We have the KPD, several smaller communist parties, radical parts of the SPD, later the NSDAP and other brown garbage (Stahlhelm etc.)..
and somewhere between the rest of the SPD, the DDP and other small parties we have people who actually think the system is a good idea and do not want to abolish it (with or without force), as opposed to the before mentioned.

Also, the NSDAP, the KPD and even the SPD employed almost paramilitary forces (SA, roter Frontkämpfer Bund, Reichsbanner), which others didn't.

And then there were of course the fatal flaws in the constitution - which the new German Grundgesetz does not have, which is why the Grundgesetz is pretty awesome by comparison.

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And despite those different views, we can talk calmly, understand each others and love Imoen equally :D That just awsome :D

Maybe someday I'll visit Netherlands, currently i'm learning Japanese and saving up for a trip to Japan :)


I agree, thats cool.

Oh, and by any means, go to Japan. I have some friends who went there and it was apparently just crazy.

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 Post subject: Re: Capital punishment - for or against?
PostPosted: Sun Mar 07, 2010 12:22 pm 
Priest(ess) of the Pink Mage
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Lisra wrote:
Despair wrote:
Lisra wrote:
Society (as represented by the state) cannot condemn an action (ie. murder) and then exercise the same (the deliberate taking of life by force) without being guilty of hypocrisy and loosing its moral high ground.

The state doesn't have a "moral high ground". It already robs people and kidnaps people, both of which are serious crimes.

Anyway, according to statistics, sadly, death penalty can kill innocent people and it doesn't work at limiting the amount of murders.

Seriously, the state can't be trusted with basic stuff as keeping streets clean and it's supposed to be trusted with people's lives?


Yes, your state.

I never said that it works.. I meant that this is how it should be.

I talked about capital punishment. State simply can't be trusted with an ability to deal out irreversible punishments.

Lisra wrote:
The deal is, according to Locke, that we surrender power to the state, who in return protects us. If it fails to do so, we rebel and start again. Hobbes says we surrender our power to the state so the state ensures we won't kill each other (homo homini lupus est), only foreigners (out-group hostility). Something similar is called the social contract. That is does not really work is beside the point.

We don't surrender any power. There isn't any deal or social contract. The state usurps the power by violence without asking anyone for permission.
People don't rebel and don't start again if it fails.

Lisra wrote:
The innovation that the bible introduced is that it said at some point "an eye for an eye" which is translatable into "a life for a life" which is much better than "a life for an eye".

They just ripped off the Hammurabi's Codex.

Lisra wrote:
Quote:
I had a lot of experience with Polish "justice" system from the times when I fought for alimony from my former father. Let's say that they are far from being interested in truth and justice. They often don't even bother to read the documentation of a case.


And even if they do, I can imagine that Poland is full of reactionary idiots who'd side with a father even if the only right thing would be to side with the son.

Almost all judges are women. They can't even punish "fathers" for hiding their incomes and giving false testimonies, probably because most of "fathers" that manage to break their unions apart are expert seducers.
Also, for some weird reason kiddies almost always go to a mother even if she was a cheater that destroyed the relationship in the first place.
So, in any way, courts aren't interested in justice or good of a child.

Takashi wrote:
Well, they can't bring back death penalty without getting into government, so probably they think that state governed by them will not abuse it's power.

How would they assure it?

Takashi wrote:
Plus, they want to give citizens rights to own firearms - and no government will abuse it's power if every grown up has rifle in his house, like in Switzerland :)

Like the government of USA doesn't abuse its power? Citizens usually won't rise against a government, especially in individualist "societies".
Only a few individuals are able to notdiealone.
Also, nowadays armies have a huge technological advantage. Every enemy squad would not only have rifles, but also two SAWs, two grenade launchers and 1-2 RPGs. Citizens with rifles wouldn't stand a chance.
So, practically any action against a state would be done by lone desperates and in this case firearms aren't really most effective.
Explosives are much more important, and they usually aren't available to normal citizens. Oklahoma dude and the embedded(d)art dude created much higher losses with explosives than a desperado with rifle could do.
Any state that claims that it gives its citizens right to bear arms so that they could rise against the tyranny and then limits citizen's access to explosives and military-grade weapons is full of shit.
In present day, it's perfectly possible to stab high amount of government officials to death with a simple kitchen knife and the state is still unjust and corrupt, so I don't see what would change when people would be able to buy rifles.
Also, I suspect that any state that abuses its power doesn't really give a shit about lives of its individual servants, so any violent action which wouldn't be a full scale national uprising wouldn't bother them and would only be a good pretext to increase their power.

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 Post subject: Re: Capital punishment - for or against?
PostPosted: Sun Mar 07, 2010 12:37 pm 
Junior Acolyte
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Location: Nijmegen, Netherlands
Quote:
We don't surrender any power. There isn't any deal or social contract. The state usurps the power by violence without asking anyone for permission.
People don't rebel and don't start again if it fails.


I can see why you say that. But then we can stop talking right now because we will never agree.

Hobbes says we need the state to protect us from each other. What is your alternative?

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 Post subject: Re: Capital punishment - for or against?
PostPosted: Sun Mar 07, 2010 1:23 pm 
Initiate of Imoen
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Location: Poland
Lisra wrote:
I trust private business even less than the state. But I can see why you mean that.

Why don't you trust private business?

Lisra wrote:
Hah, I'm glad you said that. Common misconception. (...) It is definetly a warning that a democratic system will selfdestruct IF THERE ARE NO DEMOCRATS.


Well, you surely know lot more about German history then I do, so probably I'm wrong. We've known for a long time that democratic state has to have some "brakes". For example, we run nation-wide vote about banning islam, and the result is "yes". Majority can be fearsome tyrant.

What nazis, communists and fasciscts have in common is their belief that the state can do whatever it wants to his citizens. Kill them, imprison them, force them to associate, treat some better than the others etc. Basically all people (except higher-ups) are treated like cattle, and government is farmer, caring about them.

That is totally wrong for me, because I belive each human being has right to do whatever he/she wants, if it doesn't violate other people right to do the same. State punishing me for driving without seatbelts, forcing me to change lightbulbs in my home to energy saving ones and so on, isn't right and it shouldn't be possible.

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 Post subject: Re: Capital punishment - for or against?
PostPosted: Sun Mar 07, 2010 1:52 pm 
Priest(ess) of the Pink Mage
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Takashi wrote:
Lisra wrote:
I trust private business even less than the state. But I can see why you mean that.

Why don't you trust private business?

They are operated by the same people that operate the state, but are even less accountable for their actions.

Lisra wrote:
Hobbes says we need the state to protect us from each other.

But who will protect us from the state?

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 Post subject: Re: Capital punishment - for or against?
PostPosted: Sun Mar 07, 2010 2:21 pm 
Initiate of Imoen
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Joined: Thu Mar 04, 2010 11:48 pm
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Location: Poland
Despair wrote:
Takashi wrote:
Lisra wrote:
I trust private business even less than the state. But I can see why you mean that.

Why don't you trust private business?

They are operated by the same people that operate the state, but are even less accountable for their actions.

Wait, what? This may be the case in Poland, but (ideally) state should have nothing to do with any kind of business. And I belive that people who run private business care only about their income - which is a good thing, provided there is competition. This is one of few exceptions when state should intervene - to break monopoly, because individual people are unable to do so.

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 Post subject: Re: Capital punishment - for or against?
PostPosted: Sun Mar 07, 2010 3:11 pm 
Priest(ess) of the Pink Mage
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Takashi wrote:
Despair wrote:
They are operated by the same people that operate the state, but are even less accountable for their actions.

Wait, what? This may be the case in Poland, but (ideally) state should have nothing to do with any kind of business. And I belive that people who run private business care only about their income - which is a good thing, provided there is competition. This is one of few exceptions when state should intervene - to break monopoly, because individual people are unable to do so.

I meant the quality of the people. People who operate private businesses aren't inherently different from the people that operate the state.
They are the people who use totalitarian psychomanipulation methods to get more customers, people who lie, people who try to hide important aspects of agreements using tiny text, people who sell spoiled meat, etc.
A lot of them is anything but trustworthy. And trusting them makes things even worse.

Competition doesn't magically fix all things - competing untrustworthy businesses aren't trustworthy. There needs to be a common demand for ethical behaviour of businesses, but there isn't. When people start to believe that everything is justified by other people wanting money and by other people following only their self-interest, then it's game over. And we have reached that point some time ago.

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 Post subject: Re: Capital punishment - for or against?
PostPosted: Wed Mar 10, 2010 4:02 pm 
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Takashi wrote:
Just like topic says - arguments against or pro for capital punishment. To start this - I'm for capital punishment for murderes only. And my arguments:
- Capital punishment is more humane than life imprisonment. I'd rather like to die quickly rather than spend rest of my life in prison, having no hope of getting out.


Firstly, why would we be considering what you (the criminal ;) ) want as a consequence of your crime?
Secondly, how about instead of killing people because the prison ain’t so good, we try and spruce that up a bit (this is of course assuming that the prison is a terrible violation of rights).

Takashi wrote:
- If there is no capital punishment, people sentenced to life imprisonment can do antyhing to get out: kill guards etc, and we can't punish them more than they already are.


Well, what’s stopping prisoners serving life terms going medieval on the correctional officers at the moment?

Takashi wrote:
- It is only logical that when someone takes anothers one life, and I'm not talking about killing in anger, I'm talking about cold-blooded murder - that person willingly forfeits their right to live.


By that logic, does anyone who steals lose all rights to their possessions? Also, I’m a strong advocate of punishing the actual crime, not the motive. You seemed to imply that the punishment for murdering in blind rage wouldn’t be enforced with capital punishment where as premeditated murder would warrant it. Therefore, you would have two punishments for the one crime?

Takashi wrote:
- With today's technology, DNA tests and such, possibility of mistake is greatly reduced, thus we can execute people knowing for sure that we don't kill innocent.


One innocent person punished is too many. Given that capital punishment is, you know, irrevocable, it stands to reason that it is much more preferable to have a punishment that can, to an extent, be rectified, no? Now, our criminal court system is not infallible, and I dare say it still won’t be in the foreseeable future. Innocent people are convicted.

Here is a somewhat large study on the innocents being sentenced, it’s not too old, but not that recent, but it’s still valid (I didn't read it all, only skimmed through the body and read the conclusion :P , which is where the following quote is from).
http://truthinjustice.org/exonerations-in-us.pdf


"The extraordinary rate of exoneration of death-sentenced defendants also raises deep questions about the accuracy of our system for determining guilt in capital cases. Exonerations from death row are more than twenty five times more frequent than exonerations for other prisoners convicted of murder, and more than 100 times more frequent than for all imprisoned felons. This huge discrepancy must mean that false convictions are more likely for death sentences than for all murder cases, and much likely than among felony convictions generally—an unavoidable and extremely disturbing conclusion. Finally, the frequency of exonerations from death row is a chilling reminder of the consequences of these false convictions. If we managed to identify and release 75% of innocent death-row inmates before they were put to death, then we also executed twenty-five innocent defendants from 1989 through 2003. If, somehow, we have caught 90% of false capital convictions, than we only executed eight innocent defendants in that fifteen year period."


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