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Re: Brainpolice's statements in "You are free to leave..."

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Daniel Waite posted on Sat, Jan 17 2009 7:51 PM | Locked

Brainpolice said:
For example, one's ownership over their home, even if it is a just case of ownership, does not give you the right to assault and murder people just because they are in one's home. In other words, property rights do not trump life and liberty.

That strikes me as odd. I thought... well, I remember reading two very poignant scenarios in which consistency in justice must prevail over liberal morality if consistency is to be maintained.

One example was that a man who has been lost in the woods for days and is on the verge of dying comes onto your cabin property and begins shuffling through your kitchen. You shoot him. Are you in the wrong or the right? The article said in the right -- for you were defending your property.

If you invite a friend over for dinner and then shank him as soon as he enters the door, well, that certainly feels different, but why is one okay and not the other (at least according to my understanding of BP's statements)?

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Juan replied on Sat, Jan 24 2009 11:27 PM | Locked
GIlesStratton:
I'm curious, if person A says to person B, jokingly, "if you do X, you're so dead", can person B put a bullet in A's brain ?
I don't think so. I'm not sure what you're getting at, though. Anyway, unless A is really threatening B's life, how can A be justified in using violence ?

February 17 - 1600 - Giordano Bruno is burnt alive by the catholic church.
Aquinas : "much more reason is there for heretics, as soon as they are convicted of heresy, to be not only excommunicated but even put to death."

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liberty student replied on Sun, Jan 25 2009 8:52 AM | Locked

Juan:
To respect the right to life of a trespasser is NOT a positive obligation. Now, go back to square one.

is it an obligation at all?  If so, why?

 

"When you're young you worry about people stealing your ideas, when you're old you worry that they won't." - David Friedman
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Juan replied on Sun, Jan 25 2009 12:02 PM | Locked
Because killing people is wrong. Realizing that is what makes us civilized. "To believe otherwise, is uncivilized." -- Any more quibbling ?

February 17 - 1600 - Giordano Bruno is burnt alive by the catholic church.
Aquinas : "much more reason is there for heretics, as soon as they are convicted of heresy, to be not only excommunicated but even put to death."

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hayekianxyz replied on Sun, Jan 25 2009 12:21 PM | Locked

Juan:
GIlesStratton:
I'm curious, if person A says to person B, jokingly, "if you do X, you're so dead", can person B put a bullet in A's brain ?
I don't think so. I'm not sure what you're getting at, though. Anyway, unless A is really threatening B's life, how can A be justified in using violence ?

That given that it's not always clear when somebody is initiating aggression if you disregard proportionality then things will be very "messy" for lack of a better word.

"You don't need a weatherman to know which way the wind blows"

Bob Dylan

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Juan replied on Sun, Jan 25 2009 12:34 PM | Locked
Indeed.

February 17 - 1600 - Giordano Bruno is burnt alive by the catholic church.
Aquinas : "much more reason is there for heretics, as soon as they are convicted of heresy, to be not only excommunicated but even put to death."

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liberty student replied on Sun, Jan 25 2009 1:28 PM | Locked

Juan:
Because killing people is wrong.

Killing in self-defense is not wrong, or is it?  Should one pursue pacifism?

Juan:
Realizing that is what makes us civilized.

I think restraint and compassion make us civilized.

Juan:
Any more quibbling ?

It is hard, because you continue to assert that your values which coincidentally are similar to my values, are the basis for rights.  Which is all well and good, until we encounter someone with different values, who also believes that their value system comprises the basis for rights.

Really, this is a subjectivist approach.  It's similar in argument, after argument after argument here.  Everyone wants to insist that their value system is the correct one, and when someone like me tries to argue for value neutrality, somehow I am the bad guy for being open minded.

So yeah, there is still quibbling, but do you feel today is any different than yesterday, or the last 300 days, in that we might actually make some progress in the discussion, by removing your personal value judgments from the discussion?  I'm not holding my breath.

"When you're young you worry about people stealing your ideas, when you're old you worry that they won't." - David Friedman
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Juan replied on Sun, Jan 25 2009 2:35 PM | Locked
LS:
Killing in self-defense is not wrong, or is it?
If by self-defense you mean stopping a lethal threat, no it is not wrong.
Should one pursue pacifism?
If one wants to...
It is hard, because you continue to assert that your values which coincidentally are similar to my values, are the basis for rights.
The thing is, rights are based on moral values. There's a "right to not be killed" because killing is morally wrong.

On the other hand, saying that rights are based on 'objective' lines on the ground doesn't really make rights objective.

Actually it begs the question of the origin of those more conventional(for lack of a better word) property rights.

So, I wonder if you really understand the problem at hand.
Really, this is a subjectivist approach.
Your is, yes.

February 17 - 1600 - Giordano Bruno is burnt alive by the catholic church.
Aquinas : "much more reason is there for heretics, as soon as they are convicted of heresy, to be not only excommunicated but even put to death."

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liberty student replied on Sun, Jan 25 2009 7:13 PM | Locked

Juan:
The thing is, rights are based on moral values. There's a "right to not be killed" because killing is morally wrong.

Morals are subjective.  They differ, person to person, culture to culture etc.  No one can live "morally" unless it is by his own personal code, because there are simply too many variations for an individual to account for every time they take an action.

People don't have a "right to not be killed".  As self-owners, they have a right for their property (their body) not to be aggressed against.

Juan:
Really, this is a subjectivist approach.
Your is, yes.

See that's just silly.  Now you're making it personal again and avoiding the direct argument.  Which is why this discussion never progresses.

"When you're young you worry about people stealing your ideas, when you're old you worry that they won't." - David Friedman
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Juan replied on Sun, Jan 25 2009 8:01 PM | Locked
LS:
Morals are subjective.
We are trying to get at what is 'right' and what is 'wrong', no ? nirgrahamUK said as much. Whether we call this field morality, ethics, or any other name, is not the point. Now, are you saying that what is 'right' and what is 'wrong' is dictated by subjective preference ? Right and wrong have nothing to do with natural law ? Or maybe there's not such a thing as natural law, and 'rights' are just whims that a bunch of lawyers come up with ?
People don't have a "right to not be killed". As self-owners, they have a right for their property (their body) not to be aggressed against.
That's just a different wording. Anyway, why do self-owners own their bodies ? You realize that saying that a self-owner owns himself is just circular logic, no ?

But let's use your terms. Self-owners own their bodies, so one should not damage or destroy these bodies because bodies are 'private property'. (but why should private property be respected ?? oh, never mind)

The question, of course, remains : HOW does a trespasser lose ownership of his/her body ?
See that's just silly. Now you're making it personal again and avoiding the direct argument.
Frankly, I don't see why. You complain about subjectivism and then the next thing you say is that morals are subjective. If morals are subjective, then, IMO, so are rights and the whole discussion is pointless. And besides, if morals/rights are subjective, you've refuted your own defense of the landowner's right to kill trespassers.

February 17 - 1600 - Giordano Bruno is burnt alive by the catholic church.
Aquinas : "much more reason is there for heretics, as soon as they are convicted of heresy, to be not only excommunicated but even put to death."

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Knight_of_BAAWA replied on Sun, Jan 25 2009 8:14 PM | Locked

Ok. All of this is going to end. NOW. You want to have the same debate over and over? Take it to private message. Period.

This WILL be enforced.

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liberty student replied on Sun, Jan 25 2009 8:27 PM | Locked

I relent.  It is pointless.

"When you're young you worry about people stealing your ideas, when you're old you worry that they won't." - David Friedman
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