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#327 Feb 13 2009 at 9:39 AM Rating: Decent
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Smash wrote:
Stuff


You continue to misunderstand me. I'm not under some illusion that I'm manipulating you into responding. The first time you replied to one of my posts (you said the Capitol Steps were hacks) I was pleased that you bothered to read a stupid "I'm bored" post.

In this thread, it's just cool to me to be going back and forth with you.

As for your criticisms ... The cases I cited do stand for the proposition that states can't deny parents their choice of schools (of course with exceptions, like every other right).

Here's the conversation I saw:

Post I was responding to:
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Why is it a parent's right to send their child to a school that conforms to their own views?

Rather, I should ask, why is it their right to deny their children exposure to other paradigms by choosing such an environment?


My response:

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1. It's called the First Amendment -- freedom of association, freedom of expression, freedom of religion.

2. The Supreme Court of the United States says so: Zelman v. Simmons-Harris (536 U.S. 639), Mueller v. Allen (463 U.S. 388), Wisconsin v. Yoder (406 U.S. 205) and two Dec 06 cases, Parents Involved In Community Schools v. Seattle School District No. 1, 05-908, and Meredith v. Jefferson County Board of Education, 05-915.


Your comment:

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None of these are on point. Wrong forum to pull this **** in. There is no 1st Amendment protection involving your right to send your kid to whatever school you choose, nor to home school him. Think for two seconds before you post something this stupid again.


I still don't know what **** you thought I was pulling. Expressing an opinion that the 1st Amendment protects this right is pulling ****? Anyway ...

My response:

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Long crap


So the long crap basically said that the cases were actually 14th Amendment cases (wasn't that clear?) but there there was supporting dicta for a 1st Amendment rationale in Troxel v. Granville (530 U.S. 57). Now it's obvious to me that dicta isn't settled law. I assumed it was to you, too. At that point I made an ARGUMENT that the 1st Amendment does reach this issue because the legal system's treatment of the parent-child RELATIONSHIP and the rights inherent in that relationship have to do with freedom of association.

Then you came back with ************* wrong", which, by the way is called a general denial, not an argument. You paraphrased my long discussion of the 1st Amendment argument not being settled law (duh, I already said so when I said it was based on dicta).

Interesting that you've never accepted that the cases I identified are on point. They do protect a parent's right to choose a school. Wisconsin v. Yoder for example specifically said that Wisconsin could not require the Amish to keep their children in schools 2 years more than their customs called for because the state hadn't proven the kind of state interest that would outweigh the parent's rights. In fact, the Amish could not be prevented from home schooling their children during these years instead of attending schools. So when you called the right "imaginary" you were ******* wrong.

As for your comment:
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Anything? No? LAW??? Yes. That's the entire point of codifying things as laws.


Again you demonstrate your lack of understanding, and I will be interested to see if you admit you were wrong. Supreme Court opinions are not codified law. They are case law. Case law is not the same as a code. Codes are passed by Legislatures and signed by the Executive (or passed overriding the veto of the Executive). Codification can also mean inclusion of the legal principles in a "Restatement." Case law is found in the decisions of courts. Not all case law is included in restatements. All law is not codified. You were ******* wrong.

And the ARGUMENT I made is exactly how case law is formed ... Dicta in a dissent in one case becomes a majority opinion in a later case. I was quite clear that I was talking about dicta, which automatically made it ARGUMENT rather than an assertion of fact relying on binding precedent.

And then I saw this brilliant claim from you:
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If the parents engage in an activity the state arbitrarily decides is harmful, they can remove the child from the parent's care.


Which of course, is wrong. The state cannot act in an arbitrary manner when it deprives people of their rights. The core of due process is that it cannot be arbitrary. So again you were ******* wrong.

Can you admit it? Or are you also one of those
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people who are such insecure cowards that they don't have the ability to admit making a mistake. In point of fact, it's largely the dividing line I draw between people whose opinions I might be interested in and worthless pieces of **** I'd laugh about being raped to death by elephants.
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#328 Feb 13 2009 at 11:38 AM Rating: Excellent
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There's nowhere near enough bewbies in this thread.

There. Fixed.


Edited, Feb 13th 2009 7:39pm by paulsol
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#329 Feb 13 2009 at 11:51 AM Rating: Excellent
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You continue to misunderstand me.


I really doubt Smash misunderstands you.

You might want to read over his posts slowly so you can try to can catch up.
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#330 Feb 13 2009 at 3:00 PM Rating: Decent
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Pensive wrote:
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And who's getting stuck on semantics?


Me of course, and I won't try to justify it. Clearly when you're in a field and know jargon it jars you when people use words outside of the field, and that (admittedly) does excuse some of your semantic debates.


If I may ask, what field are you in? I'm just curious because usually when I run into someone who insists on tossing logic jargon around, they just recently learned it in a class and think that by using it a lot it makes them experts on using it. The problem is that the real world rarely fits nicely into the kinds of examples used to illustrate said proofs when you were in a classroom.

Outside of mathematics and strict philosophical discussions, there's rarely going to be anything you can apply the kinds of arguments you are using. For exactly the reason your argument failed here. In a classroom you can be "given" a set of truths. In the real world, you aren't. You made an assumption and treated it as a given, resulting in your entire argument failing.


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What I can say though is that I believe (feel free to prove me wrong) that I have a greater exposure to philosophy than you do, including logic and classic liberalism.


Unlikely. I've just got about 20 more years of seeing how the things I learned in university courses actually work when applied outside a classroom setting. And part of what I learned is that the words you use only matter to a small segment of people who stuffily believe that the words matter (usually academics). To everyone else, the concepts and rationality of a position is what matters.

The danger of following strict logical progressions is exactly that you can arrive at horribly wrong conclusions if any of your assumptions are wrong. But due to how logic is taught, most students come out knowing how to use the formulations, but *not* how to derive a valid assumption. It's just not taught, because it's not technically part of logic, right? Logic only teaches us how to take truths and determine other truths from them (or the converse of course).


The most important thing you can learn in life is to constantly re-examine your assumptions. If you just accept them and then strictly follow a set of rules (logical or otherwise) based on them, you'll constantly wonder why the things you are doing, which ought to work, don't. I'd make a wider point about the frequency with which social theories fail when applied to actual real societies, or how often economic theories fail for the same reason, but hopefully you get the point already.


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Another thing that seperates our semantic issues is that I'll make a 10 word post about it while you will go on a tirade for 10 pages. It's still annoying, but jesus man it's so much worse when I have to read all of that and THEN it ends up being semantics.


Sure. But it's usually semantics on the part of the person I'm debating with. The reason I write long paragraphs and repeat points over and over is specifically to attempt to avoid semantic arguments. I will make the same point using 3 or 4 different sets of words to explain it. I don't do this to be inconsistent, but hopefully to make sure that regardless of what definition of this word or that word you think I'm using in one case, between 3 or 4 of them, you should be able to puzzle out what I'm actually saying.

Sadly, too many people have been trained to look at the specific meanings of words so this often fails. Even though I wrote the same statement using 4 different words so that the reader would hopefully take just the common meanings of those 4 words in context, someone will inevitably ignore 3 of the statements, focus on the one that includes a word that can mean something totally different, assume that totally different meaning and then call my statement wrong because of some trivially easy proof.


I don't write that much stuff just to see my words appear on the screen. I write it out of a desire to be as absolutely clear about what I'm saying as possible. Unfortunately, it doesn't always work...


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Tell you what, the onus is on you this time.


It really isn't. You were the one who's argument was being refuted remember? You claimed that parents should have no greater rights to raise their children than the state. Perhaps you want to try again to defend that statement?
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#331 Feb 13 2009 at 5:50 PM Rating: Excellent
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Damn I can be arrogant sometimes. I need to stop that. How 'bout I'll stop if you stop? It makes me hate myself.

I still don't believe that I made a mistake however, and there are very good reasons to believe in non-compatibilism.

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You made an assumption and treated it as a given, resulting in your entire argument failing.


Excuse me? Most of the debate between non-compatibilists and compatibilists is a semantic one. They just interpret what it means to be free differently. There are still extremely convincing arguments for why free will cannot exist in the same universe as physical determinism.

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The reason I write long paragraphs and repeat points over and over is specifically to attempt to avoid semantic arguments.


Smiley: dubious

Edited, Feb 13th 2009 9:00pm by Pensive
#332 Feb 13 2009 at 7:06 PM Rating: Decent
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Pensive wrote:
Quote:
You made an assumption and treated it as a given, resulting in your entire argument failing.


Excuse me? Most of the debate between non-compatibilists and compatibilists is a semantic one. They just interpret what it means to be free differently. There are still extremely convincing arguments for why free will cannot exist in the same universe as physical determinism.


It's an esoteric philosophical debate. It also rests on yet another assumption of the validity of determinism, which is itself subject to debate. Your mistake isn't so much in the formation, but in the application. If you're going to attempt to debate something based on unproven sets of assumptions, you should analyze the results based on all combinations of those unproven assumptions. You applied just the one that you liked and which helped your position and used it as a given in your argument. While that's great if you are doing a class assignment to explore said possibility, it's not terribly useful when discussing a real world question like the issue of parental rights.


You'll note though, that I did do what you didn't. I followed each case and showed that your statement that parents had no more right to raise their children than anyone else was not supported by either of them. I did simplify the issue down to just two cases, but IMO those were the only two that mattered in this context. And honestly, I only did that because it appeared as though something that was incredibly obvious to me (that it didn't matter either way) was clearly *not* obvious to you...


I think you're trying to toss in extraneous ideas here, maybe because you learned them recently and think they're important somehow (or just want to show off your knowledge I suppose). In the real world, you can (and should!) strip down arguments to just the things that matter. In this case, the question is whether or not a child being raised by the state or the parents is any more or less likely to become a mindless clone of whomever raises it. And in that context, the entire question about free-will and determinism is moot. Those conditions, whatever they are, exist in both cases we are examining. Thus, unless you can argue that the relationship between free-will and determinism changes based on whether it's the state or the parent doing the raising, there's no reason to even bring either one into the discussion, right?


Does that make more sense? You're focusing waaaay too much on the structure of an argument and losing sight of what you're actually arguing. Again. that's handy if you're about to take a quiz on logical formulations. It's not useful *at all* if you're actually debating a real issue in the real world. The phrase "missing the forest for the trees" applies here. When you do this, your argument bogs down on minutia that ultimately don't matter at all to the issue being debated. Like whether or not free-will can co-exist with determinism. Who cares? It doesn't matter in this case.
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More words please
#333 Feb 13 2009 at 9:58 PM Rating: Excellent
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Does that make more sense? You're focusing waaaay too much on the structure of an argument and losing sight of what you're actually arguing.


You really, really don't get it. Furthermore it's kind of insulting that you think that I just learned this ****. I've kind of known it for years. Some people are just that damn passionate about philosophy gbaji.

And in philosophy, we don't give a **** whether or not the premises are true. Well we do, but no premise can ever be guaranteed expect by other premises. That's why you have to cut it off at some point; that's why I use the relatively unchallenged non-compatibilist position as a truth. It's accepted by almost everyone I know, common person or philosopher, and only the most eccentric metaphysicians and phil of mind people believe that the two are compatible.. Now, if you'd LIKE to discuss free will then let's do it. You won't though.

It's also insulting that you think I've lost sight of what I'm arguing. I'm arguing for rights, specifically rights of children, because I personally believe that children should have a lot more credit than we normally give them. I'm really trying to be nice but it's extremely difficult when you're so damn patronizing. I don't really care if you aren't passionate about philosophy; I am, and I use it.

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Thus, unless you can argue that the relationship between free-will and determinism changes based on whether it's the state or the parent doing the raising


Already did chief, you just aren't going to recognize it because you like to ignore things willfully. To answer your other question, it seems pretty obvious that parents would create clones more than the state, and it's not just clones, it's forcing children to grow up in any particular way which is not of their own choice. They are delicate little bastards, but they can still make choices. All a parent should provide is love and safety and information. Sine I've already said all of that I suggest you go back and read.
#334 Feb 13 2009 at 10:02 PM Rating: Excellent
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And honestly, I only did that because it appeared as though something that was incredibly obvious to me (that it didn't matter either way) was clearly *not* obvious to you...


Irony, thy name is gbaji

Do you actually think that I care about changing your opinion? Why would I go to all that trouble to have you ultimately revert back to your own beliefs. Guess what gbaji, the fact that states should have more rights than parents is just as obvious now as it was before, and the reverse is just as not obvious as before. I don't care a whit about convincing our token small government guy why he should become a radical socialist. It's too much work and I ain't getting paid.

The only thing that matters on a forum is making a good argument and seeing if like minded people think that you're onto something. It's practice, and it's fun.
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