Victor's injustice

Rundstedt’s “panzers” within ten miles of Dunkirk? Thanks, Senor Obvious! But his infantry were miles behind him and exhausted from near constant fighting…

BTW, feel free to provide the order of battle and the actual German troop concentration around Dunkirk. I’m pretty sure a Brooke, in no small part responsible for his own little part in the debacle, would have no way of gauging this while on the run for the port…

“Nothing but a miracle can save the BEF now,” wrote General Brooke in his diary. And General Lord Gort told Anthony Eden, the British Secretary of State for War: “I must not conceal from you that a great part of the BEF and its equipment will inevitably be lost even in the best circumstances.” On 23 May, he put the army on half-rations. In Britain, 26 May was designated a “Day of National Prayer” for the Army.

Right, because again, Brooke had no real idea nor clear picture of what was unfolding in France and both Allied high commands were terminally befuddled from the minute Fall Gelb was launched to the final days of the battle. And he was right about the equipment, but wrong on the soldiers as they were now in a urban perimeter with concentrated, soon to be lost weapons and fortifications. And since the German navy was weak, and Luftwaffe overstretched, he should have known better…

Doesn´t look like a promising situation. At least British are decent enough to thank god for this miracle or maybe they should thank uncle Ady?

Really? You mean evacuating your defeated army isn’t a promising situation? They did lose most of their equipment after all.

And why would they “thank” “Uncle Ady (Adolf I presume?)” He’s not the one that ordered the halt…

But at least you’ve found some common ground with the Russians you seem to despise so much…

From a post in the following thread link:

Here’s the thread where the silly, nonsensical conspiracy theories are pretty much dispensed with…

http://www.ww2incolor.com/forum/showthread.php?4189-Dunkirk.-The-reasons-for-quot-miraculous-escape-quot-.&p=168203#post168203

A friend of mine’s grandfather was captured at Arras… within a couple of miles of the place his great-grandfather’s battalion was wiped out in the first war. He’s been researching what the British guys went through there in both wars - does not sound like fun.

The old Rundstedt was the only stupid to support that,

For reasons that are still debated by historians, Adolf Hitler’s “Halt Order” of 11.42 hours was given in support of General Gerd von Rundstedt’s request to halt Kleist’s panzers at the front line on May 24 and not move into the pocket. To the amazement and immense frustration of commanders like Kleist and General Heinz Guderian, the genius of armoured warfare, the coup de grace that might have scooped up the entire northern Allied force was not put into operation, giving the Allies a vital 48-hour breathing space that they used to strengthen the perimeter and begin the exodus from the beaches of Dunkirk.
Let’s read Von Kleist who was actually in command of the leading panzers, not Rundstedt behind a desk.

''I must say that the English managed to escape that trap in Dunkirk which I had so carefully laid," recalled Kleist afterwards, “only with the personal help of Hitler.” He went on: "There was a channel from Arras to Dunkirk. I had already crossed this channel and my troops occupied the heights which jutted out over Flanders. Therefore, my panzer group had complete control of Dunkirk and the area in which the British were trapped.

''The fact of the matter is that the English would have been unable to get into Dunkirk because I had them covered. Then Hitler personally ordered that I should withdraw my troops from these heights."

Why is so hard to accept that Hitler let him go?

Probably for the same reason you stated before asking that question, which confirms that Hitler was responding to a request from a commander rather than initiating the decision.

More on this issue:

Flying over Dunkirk in September 1944, Churchill told André de Staerke, private secretary to the Prince Regent of Belgium: “I shall never understand why the German Army did not finish the British Army at Dunkirk.”

And about Runstedt:

Rundstedt, who was credited with issuing the Halt Order that the Führer later rubber-stamped, vehemently denied having done so. “If I had had my way the English would not have got off so lightly at Dunkirk,” he later recalled with bitterness. "But my hands were tied by direct orders from Hitler. While the English were clambering into the ships off the beaches, I was kept uselessly outside the port unable to move. I recommended to the Supreme Command that my five panzer divisions be immediately sent into the town and thereby completely destroy the retreating English. But I received definite orders from the Führer that under no circumstances was I to attack, and I was expressly forbidden to send any of my troops closer than 10 kilometres

Well of course Kleist would say that - it’s after the war, Hitler’s safely dead, and he’s got his own reputation to think about.

All sour grapes, post-war blame gaming by ex-German generals passing the buck onto the Fuhrer. That’s fine, because it is generally, and correctly, accepted that Hitler was incompetent at strategic command, but a lot of the said fellows like to ignore their own blunders. Guderian has been criticized in recent years for being over-rated and possibly injecting himself onto a pantheon largely by leaping off the shoulders’ of others. And for two men who seem to unilaterally want to blame the Fuhrer and Von Rundstedt for the inability to storm the town and the beaches, it’s rather odd that Kleist tried to have Guderian fired…

Secondly, if you’re going to cut and paste quotes, at least please attribute were you got them from.

Why is so hard to accept that Hitler let him go?

Because it’s a completely idiotic notion that makes absolutely NO sense on any level whatsoever. Why would be let them go? Because he wanted peace with Britain? Then why give them the cadre of their Army back?

The most important personalities involved in the Dunkirk issue, both on british side and german side, have pointed out that there is no rational military explanation for that 48 hours delay of the german army. The only possible explanation is the one that Liddell Hart and Leon Degrell gave to this historical event.
There are plenty of documents about it in internet, if you have any doubt about the autenticity of any of them, it’s very easy to verify all of this quotes.

The stubborness of accepting overwhelming testimonys is discouraging,
from certain people there is only a passionate attitud that doesn’t contributte to clarify this and many other issues related with WWII.
And it is sad that whenever this people has no rational arguments, they appeal to the old recipe of accusing contradictors as neonazi or alikes.

On the british side:

“Nothing but a miracle can save the BEF now,” wrote General Brooke in his diary.

General Lord Gort told Anthony Eden, the British Secretary of State for War:
“I must not conceal from you that a great part of the BEF and its equipment will inevitably be lost even in the best circumstances.”

Flying over Dunkirk in September 1944, Churchill told André de Staerke, private secretary to the Prince Regent of Belgium: “I shall never understand why the German Army did not finish the British Army at Dunkirk.”

From his discussions with Guderian and other German generals, Liddell Hart concluded that Hitler permitted the British Army to escape on purpose, hoping that this generous act would facilitate the conclusion of peace with Britain

On the german side:

During one discussion with his Fuhrer, Degrelle states: “We talked about England. I asked him bluntly: “Why on earth didn’t you finish the British off at Dunkirk? Everyone knew you could have wiped them out.” He answered: “Yes, I withheld my troops and let the British escape back to England. The humiliation of such a defeat would have made it difficult to try for peace with them afterwards.”

To the amazement and immense frustration of commanders like Kleist and General Heinz Guderian, the genius of armoured warfare, the coup de grace that might have scooped up the entire northern Allied force was not put into operation, giving the Allies a vital 48-hour breathing space that they used to strengthen the perimeter and begin the exodus from the beaches of Dunkirk.

Von Kleist’'I must say that the English managed to escape that trap in Dunkirk which I had so carefully laid," recalled Kleist afterwards, “only with the personal help of Hitler.” He went on: "There was a channel from Arras to Dunkirk. I had already crossed this channel and my troops occupied the heights which jutted out over Flanders. Therefore, my panzer group had complete control of Dunkirk and the area in which the British were trapped.

Rundstedt, who was credited with issuing the Halt Order that the Führer later rubber-stamped, vehemently denied having done so. “If I had had my way the English would not have got off so lightly at Dunkirk,” he later recalled with bitterness. "But my hands were tied by direct orders from Hitler. While the English were clambering into the ships off the beaches, I was kept uselessly outside the port unable to move. I recommended to the Supreme Command that my five panzer divisions be immediately sent into the town and thereby completely destroy the retreating English. But I received definite orders from the Führer that under no circumstances was I to attack, and I was expressly forbidden to send any of my troops closer than 10 kilometres .

Respectfully,

Kurt, I’ll respond to all this in the next day or so as I’m a bit busy. But if you’re just going to cut-and-paste from Wikipedia, at least attribute it properly. Or we’re going to have a problem…

But I’m sure in reading Wiki, you came across this paragraph:

On 24 May, Adolf Hitler had visited General von Rundstedt’s headquarters at Charleville. Von Rundstedt advised him the infantry should attack the British forces at Arras, where they had proved capable of significant action, while Kleist’s armour held the line west and south of Dunkirk in order to pounce on the Allied forces retreating before Army Group B.[1] This order allowed the Germans to consolidate their gains and prepare for a southward advance against the remaining French forces. The terrain around Dunkirk was considered unsuitable for armour,[11] so the Allied forces’ destruction was initially assigned to the Luftwaffe and the German infantry organised in Army Group B. Von Rundstedt later called this “one of the great turning points of the war.”[12]

http://en.wikipedia.org/wiki/Battle_of_Dunkirk#Hitler.27s_halt_order

It’s good to know that there is something tangible awaiting an old official traveler when his relaxation is roughly uncertain. I just cant thank you enough for this opportunity, honorable ladies and gentlemen. :slight_smile:

But the law may not be universal.

I really don’t know much about legal situation in Australia, my dear Mr. Rising Sun, but as far as I know certain laws are absolutely unified and universal even today. For example, food laws in the EU insist that the consumer must be informed of all artificial substances in a product. All ingredients, including additives from either man-made or natural sources must be declared on the label in every single country. Certain potentially dangerous substances added to flavor, color or volume increase are also universally prohibited (Diethylstilbestrol, for example).

So the law which regulates society is not the same law for the same person in transactions which are identical save for the status of the other party… There’s not much sense or universal fairness in a legal system which grants or removes legal rights by looking at the status of one of the parties.

I absolutely agree with you upon that, but yet again we have some countering examples which are connected with the promises the merchant makes, either in his advertising or in the guarantee that he offers to assure you that the particular item will serve the required purpose. In the case of the unconditional warranty, for example, the dealer is stating that your dishwasher will work to your satisfaction for one year. If it doesn’t, you can choose to have him either replace it with a matching article or to give you back your money. No legal “ifs” or “buts”, and no “special statuses.” :wink:

250 kw, not hp. That’s about 335 hp. Anyway, I’m looking at getting only 240kw / 320 hp, because I value and want to maintain my environmental credibility

Oh, silly me! I’m glad you told me. Well, I wish you, my dear Sir, a great deal of fun with your brand new Kenworth Pilgrimage. :lol:

But nobody knows what the law is in a given case until the judge’s decision is delivered.

Furthermore - only for the time being, my esteemed colleague! As you know, the court may later reverse its own decision, or we, the people may overrule the courts judgment by constitutional amendment, and, as we do know, any law contrary to the constitution is void. Quite a nice mess, isn’t it? :cool:

But despite all that the law is not certain.

Law does not exist in the abstract, my dear Mr. Rising Sun. Nor does it consist of absolute or immutable rules. It always was and still is a product of constantly changing human relations. Traffic rules, for example, have changed considerably since the days of the one-hoss shay, and even today the rules must vary from throughways to city streets, from mountain roads to desert flats.

In a democracy, the laws presumably reflect what the majority of people believe is right or good for the greatest number. However, having read this far you will be on guard against presumptions of this sort. You know, the government itself, under separation of powers, may have not one, but several wills – especially if the executive and the legislature are under separate party management, or if the judiciary consists mainly of the appointees of the preceding administration. Moreover, organized and articulate minority groups, rather than an amorphous and incoherent majority, normally formulate the law and determine how it will be enforced in the areas of their special interest.

That’s why Aristotelian ethics is so important, since the firmament of law, embedded in ethics, is vastly greater and more intricate than could ever be devised by any government.

But what if the “elected government” was elected fraudulently, as many in the world are?

No problem at all, my dear Mr. Rising Sun: in that case we shall employ our dearly beloved Election law for the clarification of all those uncertain electoral affairs in a given country - election methods, principles of participation in the elections, voting system, existence of imposition of any kind of direct or indirect restriction on voters or candidates, etc, etc.

Where is the legitimacy in an illegitimate government applying the criminal law to opponents trying to overthrow it, which is often the case with revolutionary movements?

Legitimacy is absent if there is no popular and valid consent of the governed. It is the only legitimate basis of power, and this proposition implies the right of revolution. The enduring appeal of the Declaration of Independence, for example, spring from this immortal legal proposition “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.”

But there must be strongly conclusive evidence that the accused actually is guilty, and each one element of the charge must be proved. :slight_smile:

Don’t hold your breath waiting.

Oh, don’t worry, my dear Mr. Rising Sun – I am a very patient man, and – as you already do know, patience is a poultice for all wounds.

This is an enjoyable debate. I think it occurs primarily because I am coming from a pragmatic practitioner’s viewpoint and I think you are coming more from a highly informed jurisprudential viewpoint.

Thank you very much for this truly heartwarming compliment, my dear Mr. Rising Sun. Our dialog indeed was very joyful, because your input was always filled with deeply thoughtful utterance, crammed with knowledge and garnished with strong common sense. If we can envision that day when - like in the 1946 film masterpiece Stairway to Heaven - the ultimate jury, citizens from all over the world will sit in judgment on a case tried in front of the universal court, it will be my privilege, dear Sir, to serve with You there. :slight_smile:

You see, I have the impression that people usually tend to rise to the occasion when they have someone who truly believes in their capabilities. Perhaps we just need some mutual encouragement to show us who we really are deep inside.

But before that, my esteemed colleague, I think that we will have to put some effort here toward clarification of certain laws that govern the giving of evidence in the courtroom, generally known as the Laws of evidence. These have evolved over one thousand years for the ultimate protection off all parties in a dispute, and – quite surprisingly – even for establishment of the truth. You did your part tremendously well. Now it is time for the old representative of the Crown. :slight_smile:

Firstly, we have to emphasize one general rule which is particularly important in all legal issues – the fact that hearsay will not be permitted as evidence, because the original speaker is not in the witness box under oath. Because of that inexorable legal obligation, which is absolutely universal in all legal systems of the world, we have constant obligation to claim only what we can prove with items of tangible evidence. Of course, another extremely important legal fact is that the burden of proof always lies upon him who affirms, and not upon him who denies. Consequently, we must claim only what we can prove, and we must be prepared to prove everything what we are claiming.

Now, let’s apply all these previously mentioned legal propositions to certain claims previously already mentioned in this thread, for example, upon this one:

As for the Italians and the soviets for which it seems to me you try to glorify if we compare them there is one big major difference - Italians : no Gulags , no NKVD…

You see, if someone is a properly trained governmental official, who conducts criminal prosecutions on behalf of the state, you have to put direct evidence before the jury to prove the alleged crime in all its elements and beyond reasonable doubt. In that case you will present to the court something like this:

Officially issued Order of Deportation to the concentration camp on the Island of Lipari issued in case of Mr. Stevan Popovic, natural born non-combatant citizen of Yugoslavia. Reason for deportation: membership in political party

After that, you will be completely able to provide evidence for existence of the system with approx. 200 concentration camps (Campo di Concentramento) for the internment of political prisoners, civilians and Jews, with the annual mortality rate of about 18 %, primarily caused by diseases, malnutrition and forced labor.

Perhaps this slightly desiccated, tedious, but highly failsafe and retentive method will be utilizable in the main case of this thread as well.

In the meantime, as always - all the best! :slight_smile:

All recent Dunkirk related posts have been moved. Please carry on related discussion in the following thread:

http://www.ww2incolor.com/forum/showthread.php?4189-Dunkirk.-The-reasons-for-quot-miraculous-escape-quot-.

We’re not subject to EU food laws here, which is part of the reason why we get to eat stuff you can’t, and we probably shouldn’t.
http://www.fedupwithfoodadditives.info/factsheets/Factcoloursworld.htm#UKEU

Which demonstrates that there are no universal laws at the legislative level.

Or even at the social or ‘moral’ level

Aceh’s religious police crack down on tight jeans
TOM ALLARD IN WEST ACEH
May 27, 2010

‘‘LET me ask you a question,’’ says the regent of West Aceh, Ramli Mansur, leaning back in his chair in his spacious office. ‘‘What do you think when you see a woman’s round shapes?’’

‘‘Rather nice, I suppose,’’ I reply. ‘‘But it wouldn’t make me feel like raping anyone.’’

‘‘Aah, but that’s because you are used to it!’’

Mr Ramli’s dismissive response was hardly surprising. The former member of Aceh’s independence movement, school teacher and traditional Islamic healer is on a mission to implement perhaps the most austere form of sharia seen in Indonesia, and his first concern is the appearance of his district’s 85,000-odd women.

Starting today, he will begin distributing 20,000 long skirts, a campaign to stop women wearing trousers. While almost all women in Aceh wear the jilbab, or headscarf, many follow the Indonesian fashion for tight jeans, even if they are worn modestly under a tunic.

‘‘Obviously, there is a problem with sexy dressing,’’ Mr Ramli explains. ‘‘We see that rapes take place in big cities where free access is allowed between different sexes. Here the economy is small and we don’t want it to be like that.’’

Even before the policy is introduced, West Aceh’s Wilayatul Hisbah, or religious police, have been setting up roadblocks outside the district’s capital of Meulaboh, inspecting every car and stopping motorcycles if there is a female rider on board wearing trousers.

In a 60-minute operation in the hamlet of Arongan, more than 25 women were yesterday taken aside for a lecture on Islamic morals and asked to sign a document, vowing not to repeat their mistake and pledging to ‘‘immediately report’’ to the religious police if they notice someone else violating Islamic law.
http://www.smh.com.au/world/acehs-religious-police-crack-down-on-tight-jeans-20100526-weap.html

No California lemon laws here.

Here you’d need to establish a lot more than that it doesn’t work to your satisfaction, or even that it just doesn’t clean all that well. And then you might be limited to damages, .i.e. compensation in money terms for an estimate of your loss.

That is a seriously disgusting motor vehicle.

And I am offended that you could think I might consider it a suitable conveyance in preference to, say, this 240 KW charmer http://autospeed.com.au/cms/title_New-Car-Test-Ford-Falcon-XR6-Turbo/A_1613/article.html :wink: :smiley:

Not here.

Our national constitution doesn’t guarantee any human or other rights, apart from some peripheral comments about compulsory acquisition of property and establishing or requiring religions or religious observance.

As for overruling a court’s judgment by constitutional amendment, that is virtually impossible here as it requires the issue to be put to a referendum and a for a majority of the people plus a majority of the states to approve it. It is something that would never happen in relation to an individual criminal or civil case, although it might in some far-fetched instance of a wider principle.

I would say that all laws exist in the abstract.

They are merely rules, which at best are in written form.

There is no substance to them.

Any substance comes from the physical acts of compliance or breach.

For example, the law that one shall not drive past a red traffic light gains substance only when someone drives past it. If nobody drives past it, the law is just an abstract prohibition.

No, they reflect what the majority in government want.

Which is why here my State government resolutely refuses to have a corruption commission, which could look into all sorts of political, government and police corruption.

If only that were true in matters of major community interest which conflict with the government’s / legislature’s self-interest in preserving itself from scrutiny about the corruption in which major political parties routinely engage, and which are the real fabric of what passes for government in a modern supposed ‘democracy’.

Aristotelian ethics in this area aren’t any more useful in the modern world than his pre-Copernican attempts to explain the movements of the planets, or other aspects of his teleological thinking.

The problem remains that nobody has come up with a universally accepted definition of ‘ethics’ or ‘ethical conduct’ because they are all culturally based.

What is ethical for a shaven headed, bewigged Jewish woman in a house where she has two kitchens separating dairy and meat to conform with her ethics or laws is not ethical for a Muslim woman with her own hair concealed under a hijab carefully shopping for halal ingredients which aren’t all that different to the kosher ingredients of the Jewish woman although the Muslims and Jews are happily opposed to each other on ethical and other grounds. And then there are Christians and people who aren’t religious and people who are humanists and so on, and they all have different views, ethics and laws.

Yet all of them are supposed to live under a secular government run by crooks of various or no religious persuasions, and all be happy under it in a supposed democracy where they are all trying to impose some of their idiotic views and practices upon the rest of us, whether it be support for or opposition to Israel or wanting some mystical special government treatment for Indian / Chinese students who are exploited by their own countrymen as students, employees, and tenants.

There are laws to protect those Indian / Chinese students from exploitation. The problem is that their countrymen don’t observe those laws.

So what’s the problem?

Laws?

Or people?

Well, well… small circles are spreading into bigger ones. :smiley:

Which demonstrates that there are no universal laws at the legislative level.

No, my dear Mr. Rising Sun. It only demonstrates my truly sorrowful personal inability to find some important legal examples. I was somehow under impression that by modern, greatly unified international Food laws, all manufactured food products, counting those marketed in Australia too, must have a food label on it, and that those labels have to list all additives by means of the internationally recognized additive numbering system which is used throughout the world. Probably my stool pigeon was somehow erroneous:

http://www.betterhealth.vic.gov.au/bhcv2/bhcpdf.nsf/ByPDF/Food_labels_explained/$File/Food_labels_explained.pdf

But don’t worry. If my previous example was somehow wide of the mark, I think that finally we do have a suitable one. So, how about cigarette packaging laws? As far as I know, those laws are absolutely universal in requiring that a printed warning that cigarette smoking is representing a health hazard has to be issued on every single cigarette package. This time we do have certain direct examples as well:

http://www.artlebedev.com/mandership/156/marlboro2.jpg

German warning label

http://www.cigarettesreviews.com/wp-content/uploads/2009/09/cigarettes2.jpg

US warning label

http://img19.imageshack.us/img19/5451/pljuge.jpg

Croatian warning label

Further examples are also available here:

http://www.smoke-free.ca/warnings/Europe%20-%20warnings.htm

It seems to me that certain universal legal regulations are available on this planet after all. :slight_smile:

Or even at the social or ‘moral’ level…

Are you absolutely sure about that, my dear Mr. Rising Sun? You see, as far as I know, nudity is strictly and stringently prohibited in every courtroom on this planet. Perhaps Australia is representing some kind of a legal exception yet again? :wink:

That is a seriously disgusting motor vehicle. And I am offended that you could think I might consider it a suitable conveyance in preference to, say, this 240 KW charmer http://autospeed.com.au/cms/title_Ne...3/article.html

Well, yo know, when you have mentioned all those numerous horses (actually a whole regiment of cavalry hitched up there!), my first impression was that you actually do need something capable to pull a train of cars, to carry you from one place to another, and, of course, something able to ditch the Joneses. :smiley:

But, of course, today no longer need you to be tied down to the fuzziness of yesteryears, as with that freshly restyled Ford of yours. You need something strong, yet lightweight, spacious yet nimble, luxurious yet involving, something capable to take stress out of human being, and something capable to smile about on your way to the dentist. Something like this, my dear Mr. Rising Sun:

http://www.imagecows.com/uploads/88c4-Mercedes-Benz-F-700a.jpg

Yes, my esteemed colleague – a fine car designed for modern living and powered to leave the past far behind, to escape problems, Joneses and all… with only 5,3 liters of gasoline per 100 kilometers. :wink:

Not here. Our national constitution doesn’t guarantee any human or other rights, apart from some peripheral comments about compulsory acquisition of property and establishing or requiring religions or religious observance.

But actually you are not denying the legal ability of court to invalidate and overrule its own decision, my dear Mr. Rising Sun. For example, in case Margaret John versus Commissioner of Taxation (1989) 63 ALJR 166, the High Court of Australia overruled a previous decision in Curran versus Federal Commissioner of Taxation (1974) 131 CLR 409. Please, just follow this link:

http://www.caribbeancourtofjustice.org/papersandarticles/NEW%20FINAL%20APPELLATE%20COURTS%20-%202006.pdf

American experiences are even more intriguing. The Eleventh and the Sixteenth Amendments, for example, attest to that ultimate power retained by the people. Please, take a look:

http://law.suite101.com/article.cfm/the_eleventh_amendments_curious_history

American Constitution has been changed twenty-seven times by formal amendment, my dear Mr. Rising Sun, and countless times by interpretation. How can we say that now, at this moment of this day, all change must cease? :slight_smile:

As for overruling a court’s judgment by constitutional amendment, that is virtually impossible here as it requires the issue to be put to a referendum and a for a majority of the people plus a majority of the states to approve it…

Well, “virtually” and “absolutely” are two completely different expressions, my esteemed colleague. :slight_smile:

I would say that all laws exist in the abstract…There is no substance to them. Any substance comes from the physical acts of compliance or breach.

On the contrary, my esteemed colleague - legal regulations as mental objects are not abstract entities, but completely tangible (as a matter of fact molecularly encoded!) factual descriptions of appropriate and inappropriate behavior directed to a particular social purpose. The rules of the law may provide for a sanction in case they were not acted upon by certain members of the society, but this is not essential for their factual tangibility, because they - by their very existence - are always clearly indicating standards of conduct (how we should and should not behave), and they exert positive mental pressure on people to conform. In Durkheim’s terms, they are social facts.

No, they reflect what the majority in government want.

Excuse me, my dear Sir, but the majority of constitutions worldwide are clearly indicating that all legislative powers of the national government are in jurisdiction of the Parliament/Congress. For example, the Constitution of the United States of America begins with this declaration: “All legislative powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of representatives.” Amen! It is the congressmen - and not government! - who stands at the center of the legislative stage, the central figure on whom all other societal preferences converge. The legislator may feel a lonely responsibility in carrying out that awesome task, but at least it is the loneliness of one in a crowd. All kinds of people, with motives ranging from the best to the worst, are eager to help him to carry his usually well-paid burden, but the star performers in law-making are the congressmen, and not members of the government.

The problem remains that nobody has come up with a universally accepted definition of “ethics” or “ethical conduct” because they are all culturally based…

Oh, what a sorrowful relativistic misconception that is, my esteemed colleague. You see, Aristotle’s approach to ethics was basically teleological, that is he discussed ethics not in terms of moral absolutes, but in terms of what is conductive to man’s good. That approach has nothing in common with this nowadays so popular cultural relativity, with all those coexisting and supposedly equally valid, although significantly and sometimes mournfully dissimilar patterns of human life, thus prohibiting every form of deontic analysis of any social practice, including slavery, cannibalism, infanticide or genocide. If you adopt that relativistic position, my dear Mr. Rising Sun, then you can’t be critical about manifestations of evil at all, even if you do notice it in the world around you.

And that’s exactly why Aristotle examined various kinds of good, and why he identified the highest good as the attainment of human happiness. After careful discussion of the problematic concept of happiness, he concluded that the human happiness is activity of the soul in accordance with virtue. He distinguished moral virtues and intellectual virtues, which are determined, respectively, by the irrational and the rational powers of the human soul. He differentiated virtue from vice, arriving at the definition of virtue as a middle disposition between the vicious extremes of excess and deficiency. Consequently, the highest virtue is the activity which distinguishes man from other animals – namely the activity in accordance with reason. And that’s exactly why he indicates that practical human disciplines, like politics, are incapable for the exactness, because their subject matters are not limited to things that are amenable to precise definition, but always involve habits and skills, which can be acquired and lost.

Due to that strong requirement toward accuracy, he then anticipated employment of the calculus of the propositional modalities, relating to normative (or valuational) classifications of human actions and states of human affairs, such as the permitted, the obligatory, the forbidden and the meritorious, which are to be characterized as deontic modalities (deontos – that which is binding), systematized in the deontic logic, and applied for the practical human purposes in a set of mathematically established legal rules.

Mathematical ethics, that final expression of the Aristotelian teleological doctrine, that set of rules capable to establish legal norms ascertained by calculation of the total net utility of gratification and pain effects of an action on all possible parties, is completely capable to constitute the central stabilizer and regulator of the accumulated human controversies in the world, to eliminate insecurity and to thwart uncertainty. :slight_smile:

So what’s the problem? Laws? Or people?

Only the ignorance, my esteemed colleague. That’s the only problem we are dealing with through the ages. :frowning:

That is largely observed here under our food laws, and of course appears on foods imported from the EU, but we have a delightful avenue of escape which allows food manufacturers to say things like “No added MSG”, which means only that it wasn’t added by that manufacturer but there could be buckets of it added by a supplier of some ingredient, with or without the connivance of the final manufacturer.

We allow food additives and pharmaceutical drugs and other things here which are not permitted in the EU and US, possibly because we are still of strong colonial frontier stock rather than just stupid. :wink: :frowning:

On the other hand, we are careful to warn susceptible people of other risks, such as packets of peanuts containing the warning “May contain traces of peanuts’. I would prefer a bit more than a trace.

In Western countries perhaps, but not elsewhere, such as Indonesia where a very different view is taken about marketing and selling tobacco products.

While there is no legal age limit in Indonesia, Youth Smoking Prevention (YSP) initiatives rest primarily with the industry itself and include Philip Morris and Sampoerna’s efforts to work with retailers to instil adherence to a policy of preventing sales to minors below 18 years old.

Another effort is to include the phrase “18+” on promotional materials to instil awareness in consumers that this is an adult product.

“All manufacturers and associations would like to see a comprehensive law passed a tobacco control law - that would include an age restriction o the purchase and consumption of tobacco products,” Moeftie told Tobacco Asia. “The industry would also like to have its input enshrined in the law so that it can be part of any discussions hereinafter.”

The issues involved with tobacco legislation in Indonesia revolve as much around social consequences as they do health issues. During the process of issuing the PP19/2003, the industry proposed a minimum age law. The government rejected this proposal because of concerns over children selling cigarettes in the streets – the government was seeking to protect the income of minors selling cigarettes at the time. The consensus has now shifted and most in government realize that protecting the rights of minors to sell cigarettes is probably not in the best interests of anyone in the final analysis.
http://www.tobaccoasia.com/previous-issues/features/60-articles-q4-09/161-the-pressure-mounts-on-indonesian-tobacco.html

Similarly, what would be regarded as child abuse in the West by allowing a two year old child to smoke up to 40 cigarettes a day is not illegal in Indonesia.

Anti-tobacco advocates worldwide are stunned, but the dad of a chain-smoking Indonesian toddler doesn’t see what the big deal is. And, mom adds, don’t even think about taking the coffin nails away from their little stovepipe terror of a tyke.

“He’s totally addicted,” mother Diana Rizal, 26, said of Ardi, the 2-year-old ashtray of her eye. “If he doesn’t get cigarettes, he gets angry and screams and batters his head against the wall. He tells me he feels dizzy and sick.”

Ardi had his first smoke at 18 months under Dad’s unconcerned eye, British papers reported. Mohammed Rizal, 30, opined, “He looks pretty healthy to me. I don’t see the problem.”

The boy is overweight and uses a toy truck to get around because he can’t keep up with other kids.

The boy’s disturbing habit hasn’t escaped public notice in Sumatra. Concerned officials hit on the idea of offering to buy the family a car if the pint-sized puffer quits. No luck.

The disturbing video of the butt-slinging short-stuff has become an Internet sensation. Scandalized anti-tobacco advocates say it shows what a vice grip the cigarette industry has on the third world.

“I was horrified but not surprised,” said Matthew Myers, president of the Washington, D.C.-based Campaign for Tobacco Free Kids. “This video demonstrates how truly tragic the global use of tobacco is.”

Myers said multinational tobacco companies are buying up local tobacco producers and hooking new smokers, who know little about the health effects.

He said a recent study projected tobacco use to grow the fastest in Vietnam and Indonesia, where cigarettes are cheap and undertaxed. He faulted the United States as well as nations such as Indonesia for failing to sign a World Health Organization Framework Convention on Tobacco Control.

Myers said data show low-income Indonesian families spend as much as 12 percent of their income on tobacco products.

“The tobacco companies are treating the developing world as the great new growth market and are taking maximum advantage of the lack of understanding among the poorest of the poor in these societies,” Myers said
http://www.bostonherald.com/news/regional/view/20100527butt-smoking_baby_draws_global_outrage/srvc=home&position=5

Continued …

I cannot think of any law which is universal.

The general idea of some laws such as prohibitons on murder and theft is common to most societies, but the details are so different that there is nothing remotely like a universal law.

For example, rape is generally against the law, but the law of evidence in some Islamic countries makes it impossible to obtain a conviction because four adult male witnesses must confirm the crime. Experience suggests that if four adult males witness a rape then they are probably the offenders and not likely to give evidence implicating themselves.

Bringing this back for a moment to victor’s justice or injustice, many people think that the Nuremberg Trials reflect some universal laws against war crimes. But Article 1 of the Charter of the International Military Tribunal http://avalon.law.yale.edu/imt/imtconst.asp gives the lie to that by limiting jurisdiction to the major war criminals of the European Axis. Which neatly excluded the Allies from prosecution under Article 6 (b) for “wanton destruction of cities, towns or villages, or devastation not justified by military necessity” which might have included Dresden and other bombing raids.

It might be said in response that limiting jurisdiction to major Axis war criminals did not alter the fact that the war crimes specified in Article 6 were of universal application. The problem with that is that the Soviet Union which sat on the IMT at Nuremberg did not sign the 1929 Geneva Convention on treatment of POWs so it was not subject to a law which under Article 6 (b) of the Charter of the IMT would be applied to the Axis.

This leads to the glorious farce of the Soviet prosecutor at Nuremberg relying upon the 1929 Geneva Convention in his argument against the indicted Germans:

“Thus, the Hague Convention not only forbids the violation of rules of war, but also stipulates that these violations “should be made the subject of legal proceedings”, that is, must entail criminal responsibility.

Article 29 of the 1929 Geneva Convention states with still greater precision that:
"The Governments of the High Contracting Parties whose penal laws may not be adequate shall likewise take or recommend to their legislatures the necessary measures to repress in time of war all acts in contravention of the provisions of the present convention.

Finally, the principle of criminal responsibility for all acts in violation of the laws and customs of war is expressed with the utmost precision in Article 3 of the provisions of the Washington Conference for the Reduction of Armaments and for the Pacific and Far Eastern Problems, which states that:
“The Contracting Powers, wishing to ensure the execution of promulgated laws. . . declare that any person in the service of any power who violates one of these rules, and independently of the fact whether he is subordinated to an official personality or not, wit be considered a transgressor of the laws of war and wit be Cable to be tried by civilian or military authorities.”

Consequently, according to the directives of the Hague and Geneva Conventions and according to the provisions of the Washington Conference, the enforcing of criminal responsibility for the violation of the laws and customs of war is not only possible, but is actually compulsory.

Thus, Subparagraph (b) of Article 6 of the Charter of the International Military Tribunal, concerning War Crimes, defined with greater precision and generalized the principles and rules contained in the international conventions previously signed.

The defendants knew that cynical mockery of the laws and customs of war constituted the gravest of crimes. They knew it, but they hoped that total war, by securing victory, would also secure their impunity. But victory did not arrive on the heels of the crimes. Instead came the complete and unconditional surrender of Germany, and with it came an hour of grim reckoning for all the outrages they had committed.

I myself, speaking on behalf of the Soviet Union, and my honored colleagues, the chief prosecutors of the United States of America, England, and France, we all accuse the defendants of having ruled over the entire German State and war machine through a criminal conspiracy and of turning the machinery of the German State into a mechanism for the preparation and prosecution of criminal aggression, into a mechanism for the extermination of millions of innocent people."
end p.148 to 149 at http://avalon.law.yale.edu/imt/02-08-46.asp

That glorious farce was, however, considerably less glorious and vastly less farcical and hypocritical than his opening comments which conveniently ignored the inhumanity of Stalin’s regime and its apparatus, domestically and externally (e.g Katyn) before and during the Soviet involvement in the war.

GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): May it please Your Honors, on delivering my opening statement, the last to be made at this Trial by the chief prosecutors, I am fully conscious of the supreme historical importance of these proceedings.
For the first time in the history of mankind is justice confronted with crimes committed on so vast a scale, with crimes which have entailed such grave consequences. It is for the first time that criminals who have seized an entire state and made this state an instrument of their monstrous crimes appear before a court of justice.

It is also for the first time that, by judging these defendants, we sit in judgment not only on the defendants themselves, but also on the criminal institutions and organizations which they created and on the inhuman theories and ideas which they promulgated with a view to committing crimes against peace and humanity, crimes which were designed by them far in advance of their perpetration.
ibid.

The breathtaking hypocrisy of Rudenko exceeds the hypocrisy of the other Allies in limiting prosecution to the Axis, but in neither case is there any commitment to or application of universal laws. Partly because not every nation was a signatory to the relevant international conventions and partly because the victors were able to impose their own legal inventions on the vanquished.

It’s not all that different to other legal systems where the legislatures tend to be in the pocket of the big end of town and make laws accordingly, despite proud statements of moral commitment and other vomit-inducing hypocrisy from the major political parties which rely upon the big end of town for campaign donations.

And bringing that hypocrisy back to your point about cigarette marketing, why is it that everybody knows that cigarettes kill people but governments do not ban them instead of happily taking taxes from them to under-fund the hospitals which treat those made very sick by smoking?

A purely moral or purely altruistic government or one which put public health ahead of everything else would ban cigarettes. So why do they just pussy foot around with fairly meaningless and ineffective controls on sale to minors and advertising? Because laws often reflect what the legislators think is best for the survival of their party in government, not what is best for the community they govern.

And that is why there are no universal laws: Because there is no universal government or system of law on the planet, so governments and judges make laws which respond to their local conditions.

Finally, certain materials have arrived, so we can carry on our truly outstanding discussion. :slight_smile:

In Western countries perhaps, but not elsewhere, such as Indonesia where a very different view is taken about marketing and selling tobacco products.

Sorry, my dear Mr. Rising Sun, but perhaps I do not understand properly this tiny piece of information:
“A health law passed in 2009 formally recognizes that smoking is addictive, and an anti-smoking coalition is pushing for tighter restrictions on smoking in public places, advertising bans and bigger health warnings on cigarette packages.”

Original source is located here:

http://www.physorg.com/news193646336.html

It seems to me that actually Indonesian cigarette packages are equipped with those printed warnings, but those are somehow undersized. :wink:

And here we have another highly intriguing official announcement:

http://snus-news.blogspot.com/2010/05/philippines-department-of-health-wants.html

Actually, already existing, but insufficiently persuasive bland text warnings will be amplified very soon by new, completely explicit warnings on cigarette packs that would illustrate the ill effects of smoking.

Hooray for our dearly beloved International Law! :smiley:

Cannot think of any law which is universal.

Oh, come on, my dear Mr. Rising Sun – universal law theory is absolutely not so incomprehensible like the Holomorphy of the Maximum Helicity in Twistor Spaces. You are exceedingly attached to the Austinian doctrine, that’s all. Fortunately, we have some encouraging examples on our side too. :wink:

The legal historians, of whom Sir Henry Maine was the most distinguished, had effectively disputed the view that law was nothing more than a command enforced by a sovereign authority. He ascertained that the primary relationship is always between man and man, and that law actually prescribes the duty which the one owes to the other, and not to the higher entity of the artificial person, known as state.

The general idea of some laws such as prohibitons on murder and theft is common to most societies, but the details are so different that there is nothing remotely like a universal law.

On the contrary – in numerous systems you always do have an invariable, prescription of duty against the commitment of wrongful act. Thus if X steals Y’s property he is breaking a law of the Christian religion because the Ten Commandments provide “Thou shalt not steal”, because in doing so he has violated his duty to God. In the very same tame X is breaking the State law against larceny, and he is therefore violating his duty to the artificial person known as State. Finally, he is breaking the moral law by violating the obligation which he owes to all men not to steal from any of them. A society constitutes a relationship between the various members, and it follows that they must owe a mutual duty to each other. It is interesting to note that it is still the theory of the English criminal law that a prosecution is brought by an individual, and that that individual need not to be the person who has been injured by the crime, therefore there is the recognition that it is the moral dutyof everyone to protest against a breach, because each member owes a duty to the others to protect their rights. :slight_smile:

Bringing this back for a moment to victor’s justice or injustice, many people think that the Nuremberg Trials reflect some universal laws against war crimes. But Article 1 of the Charter of the International Military tribunal gives the lie to that by limiting jurisdiction to the major war criminals of the European Axis. Which neatly excluded the Allies from prosecution…

Truly excellent legal argument, my esteemed colleague. But finally those countless souls deeply interested in a penetrating analysis about ethical values in a morally avaricious society of today, all those souls interested into modern and codified applications of ethical principles do have a final legal precedent which resolutely proves that members of the Allied forces during the WW2 are completely responsible for every violation of the humanitarian rules in the Hague Convention and Regulations from 1907, which were “recognized by all civilized nations and were regarded as being declaratory of the laws and customs of war” by 1939.

Precedent was served by the Judgment of the Grand Chamber of the European Court of Human Rights in case of Kononov v. Latvia, (App. No. 36376/04) in which the defendant was a former Soviet partisan, officially recognized member of the Grand Alliance against the Axis.

Verdict is available here:

http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=867803&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649

Briefly, my esteemed colleague, we finally do have an official legal precedent issued by the European Court of Justice (established in 1953) which openly proclaims that the offenses of Allied soldiers, committed against the laws and customs of war as those were understood at that time, are constituting war crimes thus being criminally accountable.

You see, if certain legal provisions are applicable to transgressions committed by Soviet Partisans, they are ipso facto completely applicable for those wrongdoings which were committed by certain Air Chief Marshals.

Consequently, it seems to me that we finally do have a completely straight case in the main issue of this thread as well, my esteemed colleague.

It is beyond reasonable doubt that the Bomber Command and commanding officers within it have violated regulations of the Hague Convention (IV) respecting the Laws and Customs of War on Land 1907 and the annexed Regulations, (October 18, 1907) which were “recognized by all civilized nations and regarded as being declaratory of the laws and customs of war”, namely Art. 27 of the previously mentioned Convention:

“In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.”

It was indubitably established that during the operation 22 hospitals and clinics in Dresden were destroyed by Allied bombing:

Hospital Johannstadt, Dresden – February, 1945

Clinic for Children, Dresden – February, 1945

Probable Verdict of the European Court of Justice in this case could be expressed along these lines:

“Presentation of factual steps which were undertaken toward protection of hospitals and places where the sick and wounded were collected never occurred, nor any demonstration of protective measures was ever presented to the Court. Consequently, legally accountable personalities within the Allied Forces have demonstrated a wanton disregard for the safety of legitimately and specifically protected places, thus being responsible for the commitment of the offense of criminal negligence and therefore are affirmed by this Court of Justice of the European Union as guilty.”

In the Old Testament a verse reads: “A day of little things, no doubt, but who would dare despise it?”

Sorry, honorable ladies and gentlemen, but here is again that boring little massage:
“The text that you have entered is too long (17148 characters). Please shorten it to 10000 characters long.”

OK – no problem at all…:roll:

END OF PART 1

PART 2

The breathtaking hypocrisy of Rudenko exceeds the hypocrisy of the other Allies in limiting prosecution to the Axis, but in neither case is there any commitment to or application of universal laws.

Not quite, my esteemed colleague. You see, the most ludicrous ever presented hypocrisy at Nuremberg actually was delivered by the chief United States prosecutor at the Nuremberg Trials, Mr. Robert Houghwout Jackson:

“We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well.”

(Opening Address to the International Military Tribunal at the Nuremberg Trials, November 10 - 1945).

And if you are asking me why, my esteemed colleague, my answer is because that tiny passage actually represented the essence of the Legal Fiction that was used to substitute the realm of the Justice in the waning Age of Faith, because those words actually expressed the bitter farewell of the ending Renaissance to Eternity of Formalized Pragmatic Immorality, ascendance of a Brilliant Interpretation of a Monumental Inquiry into the Nature of Ethical Values in an acquisitive society that we inhale even today.

We have seen, my esteemed colleague, how in those post-WW2 years the loyalties, the allegiances, the virtue and the wisdom were constantly weakened, and the discovery of that apostasy set up a further current of fear and uncertainty. Greedy demagogues, disguised as lawyers, have exploited these fears with such a ruthless intellectual cruelty as to endanger the right of the Equal Justice Under Law, essential substance to the survival of human society. For once the right of equal justice under law, with its corollary of voluntarily accepted responsibility, is gone, then physical survival always is and will be threatened somewhere on this planet.

We are realizing today, my esteemed colleague, how vacant conformity can be enforced by coercion, intimidation, the kind of detestation spread by reckless demagoguery. And herd-conformity achieved with empty words is the very essence of it, the sign and symbol of the dreadful confusion of ends and means that represents the destroying agent of our world. As he was coerced to conform by those words, the individual was made to serve numerous ends determined outside his own knowing. By this utterly cynical, although completely honestly and without any doubt idealistically outspoken daydream, we were forced to accept a stature less than that of a free human being, and our awareness of this still produces a deep and bitter frustration in our desperately outdated souls. Essentially, my esteemed colleague, with those words we were told that:

The Nations United have pledged it,
The Charter has spoken it plain,
That mercy from clouds of compassion
May fall as the healing rain,

That Peace shall flow as a river
And water the desert and plain,
The Word has gone forth to the peoples
And shall not return in vain.

O, young men of courage undaunted,
Ride out toward the new frontiers,
In newness of life great-hearted,
For Love casts out all fears.

No more let the peoples be haunted
By the ghosts of fear and dread,
For brother shall share with brother
And Truth shall be their bread.

No wonder that well-educated observers could seldom see anything to admire in the open viciousness of the Realpolitik, of the moral crusades which were only substitutes for ordinary bargaining. Instead of that brilliant new world we got this:

T is one dull chaos, one unfertile strife
Betwixt half-polished and half barbarous life;
Where every ill the ancient world can brew
Is mixed with every grossness of the new;
Where all corrupts, though little can entice,
And nothing’s known of luxury but vice.

In my days, my esteemed colleague, the idealistic youngsters wanted to mount intrinsically just crusades to wipe out the remnants of criminal and dishonest ambiguity, but their honest efforts were reputed because virtue and wisdom no longer guided the United Nations of Earth. What they saw was not encouraging at all. Too a new United Planetary Society, nominally based upon Law & Justice, a mass of well paid demagogues, all of them intrinsically democratic, insisted on applying every stimulant that could inflame the worst appetites, while at the same time instantly taking away every influence that had helped to restrain the passions. Greed for wealth, lust for power, yearning for the blank void of savage avaricious freedom such as wolves delighted in – these were the fires that flamed under the cauldron of our so called modern post-ww2 society, in which, as the old fools like us believed, the proven crust of law, logic, moral, ethics, knowledge and reason, and even common respect for age, education and experience was rapidly melting away, and was indeed broken into fragments, swept away by the seething mass of scum ever rising in greater quantities to the surface.

Therefore, beware of scientific and especially legal brilliance, my good colleague: the future of this world lies in outstaying it.

For your own good - let them outtalk you, even outshine you, but never let them to isolate you! I feel sure you are an idealist despite your strong practical tone. Even prayer, I find, is best in company. For my part – I am assuring you – Rudenko was also a man of high principle whenever he could afford to be one, which was not as often as he would have liked. Therefore don’t strain at a gnat, and swallow a camel. Old fashioned Chivalry obliges.

why is it that everybody knows that cigarettes kill people but governments do not ban them instead of happily taking taxes from them to under-fund the hospitals which treat those made very sick by smoking?

I think that this sorrowful praxis is somehow connected with the peculiar philosophical concept called Freedom of Choice - ability of human beings to make their choices free from constraints, even if those choices are directly harmful for them. As far as I remember, one school of thought, for example, still holds that the Higher Entity from above made liquor for temptation to see if man could turn away from sin… :o

Because laws often reflect what the legislators think is best for the survival of their party in government, not what is best for the community they govern.

Hallelujah! If someone was to tally the number of human hours wasted in governments by people trying to accomplish objectives without being given the public authority to do so, we would be appalled. So what is your suggestion, my esteemed colleague? Perhaps the abolishment of indirect democracy? :smiley:

And that is why there are no universal laws: Because there is no universal government or system of law on the planet, so governments and judges make laws which respond to their local conditions
.

Very good, my dear Sir. Although I agree with Mr. Vishinsky and You concerning the importance of a correct description of law on this planet, I have a tiny question for both of you.

The most important society of all at the present time is the National State. Thus it has been said that the nation State differs fromm all other societies in that it has a monopoly of physical force at its command. Unfortunately, historical experience has shown that the force at the disposal of the State may be inferior to that which a particular political party in the State controls. If it is said that aforementioned monopoly must exist in theory even if it does not exist in fact, than the answer is that in social science a theory is meaningless if it is in conflict with the facts. Actually, it is respect for authority and not physical force which is the essential element in a Nation State. But that’s not all, my esteemed Comrades in Theory. :wink:

It has been said in theory that a State differs from all other societies in its structure as well, because it must have a Sovereign and Subjects. This tyheory, because of its apparent simplicity, has a superficial attraction when applied to a unitary State, such as Great Britain, in which it is possible to ascribe sovereignity to the Crown-in-Parliament. But in a federal state, such as the United States or Soviet Union, it is impossible to find a sovereign unless sovereignty is ascribed either to the written Constitution (which is absurd, as a document obviously cannot exercise power itself), or to the People-as-a-Whole (which is one of the most dangerous fallacies of modern political thought, because the people, as an unorganized body cannot act coherently). And so the demagogues are free to CLAIM that they are speaking in the name of the sovereign people, or a document.

If, then, the distinction between the State and other societies (for example – United Nations) cannot be found in the material element of force or in the very system of government, how can be it determined? :wink:

Once again, my dear Sir, your splendid intellectual input testifies to your truly excellent personal ability. I cannot refrain from expressing my personal appreciation of your eloquent adress. I found it to be one of the most interesting of its kind. I shall be deeply grateful for every further courtesy you may extend to us here. :smiley:

In the meantime, as always – all the best!

Sorry but it is not as you state. You may BELIEVE it is but you should not confuse your beliefs with reality.

Excellent, my dear Sir. Unfortunately, burden of proof is still upon you, and it can be fulfilled only by presentation of supportive evidence. Therefore please – proceed with your legal argumentation. :slight_smile:

BTW: The Laws of Evidence provide that deliberately avoiding knowledge of illegal activity does not rank ignorance, but rather as willful blindness. :wink: