В заголовках новостей этого часа
Jun. 7th, 2010 12:00 pmBlooomberg: Федеральное правительство наняло столько народу для обработки результатов переписи населения, что изменило ситуацию с занятостью населения.
ibid.: на месте преступления -- при попытке вылететь в Египет двумя различными рейсами -- задержаны двое любителей Востока. Им предъявлены обвинения в занятиях физкультурой и игре в пейнтбол. Арестованным угрожает пожизненное заключение.
ibid.: на месте преступления -- при попытке вылететь в Египет двумя различными рейсами -- задержаны двое любителей Востока. Им предъявлены обвинения в занятиях физкультурой и игре в пейнтбол. Арестованным угрожает пожизненное заключение.
no subject
Date: 2010-06-08 03:11 am (UTC)no subject
Date: 2010-06-08 03:30 am (UTC)no subject
Date: 2010-06-08 03:45 am (UTC)no subject
Date: 2010-06-08 05:23 am (UTC)no subject
Date: 2010-06-08 06:05 am (UTC)Yep. Exile is a proper punishment for thoughtcrime.
I see the humanity didn't change a iota since good ol' Greeks.
no subject
Date: 2010-06-08 06:08 am (UTC)no subject
Date: 2010-06-08 06:25 am (UTC)I have a gun. I bought it deliberately. I can use it to go and hold up a store. Does that make me somebody who's preparing to commit a crime?
(Actually, according to most Californian lefties it does).
Being trained in a paramilitary camp is not a crime per se. As is saying idiocies to cops.
(Actually, the relatively recent example of the West Virginia's militia members clearly shows that US DoJ thinks otherwise).
My problem with this "preparation for a crime" is that I'm just as guilty as these two. So is anybody who's not happy with the regime, which would make most of US independents and republicans (and quite a few democrats).
Persecuting people for their intentions (not for any actual harm or imminent actual harm they perpetrate) is, basically, a direct road towards concentration camps. The legal theory behind "preventive isolation" of disloyal citizens and arrest of those two is exactly the same.
no subject
Date: 2010-06-08 06:35 am (UTC)no subject
Date: 2010-06-08 06:57 am (UTC)This kind of activities may justify increased surveilance and watchfulness, but that's about it.
It's kind of funny to see how people torture and twist the meaning of words to fit their preconceived notions, isn't it? "Imminent" means something which is going to happen very soon. Going to a traning camp meant that these two weren't going to do anything anytime soon.
If ever. More likely than not that couple would learn that they're expected to blow themselves into bits - for real - and would slink back to the land where TP is soft and people are nice - to never again entertain the thought of becoming terrorists. The reality is quite different from romantic fantasies, and the glory of terrorism is something so impressively aggrandized by the Western TV. Nothing kills a romantic fantasy better than trying to live it.
In any case I find the whole notion of pre-crime highly dubious and very clearly distinct from the notion of self-defense against imminent threat. Subjectivity of the boundary doesn't mean there isn't any difference.
no subject
Date: 2010-06-08 12:41 pm (UTC)no subject
Date: 2010-06-09 12:08 am (UTC)Libertarian legal approach does not consist of trying to codify everything (if anything, codifying is a statist game), but rather in lying down general principles (i.e. proportionality of punishment to crime aka lex talonis, the principle of restitutory justice rather than punitive, deterring, reformatory, etc) and to allow competition between local interpretations of these general principles (aka "polycentric law") by allowing competition for provision of justice.
It means that circumstances of every particular case have to be considered before an opinion could be formed. Additionally, libertarian legal system does not have consistency as its goal - so it is quite possible that different judges will arrive to different conclusions in same circumstances (consistency is a foolish idea anyway - the desire for uniformity and consistency produces serious legal hobgoblins like people serving life for stealing a gumstick - not an uncommon occasion in CA, by the way).
Basically, what libertarian legal theory is about is rough consensus on what constitutes crime, with borderline cases considered on case by case basis by impartial judges who are expected to ground their reasoning in the general principles. It's all about upholding spirit rather than the letter of the law.
no subject
Date: 2010-06-08 06:10 am (UTC)no subject
Date: 2010-06-08 06:15 am (UTC)I don't even care to discuss the morality of some bureaucrats denying people the right to cross some arbitrary lines in sand.
no subject
Date: 2010-06-08 06:38 am (UTC)no subject
Date: 2010-06-08 07:00 am (UTC)I'm not arguing about the degree of punishment for the pre-crime; I argue againt punishing people for crimes they didn't yet commit.
no subject
Date: 2010-06-08 12:49 pm (UTC)no subject
Date: 2010-06-08 12:59 pm (UTC)no subject
Date: 2010-06-08 01:03 pm (UTC)no subject
Date: 2010-06-08 11:47 pm (UTC)What condominium cannot do is to prohibit the tenants who are in violation of the contract from finding a nearby condo or apartments or whatever who would be willing to tolerate (or even support) their conduct. This is very different from what government border control does - it prohibits people its functionaries do not like from associating with willing third parties (other citizens and residents). It also has a way of unilaterally and arbitrarily changing rules without consent of other parties.
Pretending that bureaucrats imposing their will on others are somehow like private property owners enforcing their rights is, well, disingenious -- unless you propose to declare the bureaucrats de facto owners of all real estate in the country, as well as part-time owners of the
slavescitizens living within.Basically you have a choice of either attributing property rights to the government border protection agents (or their bosses) or admitting that they are engaged in systematic violation of property rights of citizens.
no subject
Date: 2010-06-09 12:53 am (UTC)Похоже, что вы не вполне уловили суть той проблемы, той коллизии, которую я, удачно или нет, пытался изложить хозяину. Видимо, я излагал ее совершенно неудачно, как это вообще часто со мной случается.
no subject
Date: 2010-06-09 02:18 am (UTC)Digressing into discussion of libertarian law is nice, but I don't think it has any bearing on the fact that US has, essentially, abandoned the pretense of being a liberal country - as evidenced by the fact of the persecution of these (admittedly not very sympathetic) characters for what amounts to thoughtcrime.
And, no, exile is not the same as being expelled from a condominium for violation of the lease terms. The first violates property rights, the second doesn't.