Pensive the Ludicrous wrote:
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As a general rule of thumb, the guy arguing for change of status-quo should have a stronger burden of proof applied to his argument than the guy arguing for keeping said status.
That is an atrocious rule of thumb. The only reason anyone would ever even consider some maxim like this a good one is if they don't like to think about anything. Besides that, it begs the question, that is to say, it's circular. I know that you're going to claim that it's not, but we've established long ago that you have no idea what circularity is, so I'm just mentioning it for anyone else that cares, as follows:
General consensus (another fallacy, by the way) is good
Why?
Because it's common knowledge.
Huh? "Status quo" and "general consensus" are two completely different things.
I'm talking about how we determine what is legal and what isn't. I'm talking about how we define things within the context of the law. The "status quo" is the legal systems we have in place to do those things. And yes. The status quo should always trump a proposed change unless those proposing the change can show convincingly that the new way of doing things is "better".
That's an automatic burden of proof differential. I don't have to prove that using scientific method is the best way to advance technologically. It's assumed because that's how we've advanced so far and it's worked. If you want to argue that we should be generating new advances by reading the entrails of chickens, then you need to convince a whole bunch of people that your method is "better" than what we're using now.
The current method for determining if the treatment of a prisoner violates international treaty is to look at the UN convention on torture and inhumane treatment. That convention calls for a body of UN representatives to meet, address specific cases brought before them, and make determinations as to whether those cases violate the convention itself. When I say that waterboarding is not torture according to international "law", I say this because that commission has met on many occasions to discuss specific cases of the use of waterboarding and has not yet once determined that waterboarding violated UN convention on torture.
Do you agree that any action not illegal is by definition "legal"? Ergo, waterboarding is legal according to the UN. You're free to disagree with that, but you're not disagreeing with me, but with the UN. It just seems like some of you want to make up rules as you go along based on what you think they should be. You want to insist that waterboarding really is in violation of the UN convention in question, despite the body specifically tasked with determining this saying it isn't.
So yeah. I hold you to a higher burden of proof. Just insisting that it is so is not sufficient.
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Waterboarding is torture. Torture is wrong. Therefore waterboarding is wrong". Which kinda makes the matching of the label to the action important
It matches: "severe pain and suffering."
You say it does. Others say it doesn't. That's purely subjective, isn't it? Gee... If only we had some method to decide which interpretation to use? Oh wait! We do...
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Whether or not the UN applies it's definitions consistently makes no difference to whether they actually apply or not when defined by logic.
That's not logic though. You're just shifting the definition down another layer. Instead of just arbitrarily deciding that waterboarding is torture, you're arbitrarily deciding what "severe pain and suffering" is. In both cases, we have set up a group of people to make that determination. While you're free to disagree, your opinion simply does not have the same weight.
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I am saying that neither he nor I have the direct experience to judge whether or not the specific techniques being used at Gitmo should be considered "torture" and disallowed.
You don't need direct experience. You need the empathy of an average six year old and the imagination of an average four year old. Grow the fu
ck up.
Funny how often a guy who insists that his positions are all based on logic and reason has to resort to name calling...
I didn't make the rules of the world up myself Pensive. However, I accept that there was some process and involved in getting them to the point they are now, and that there are additional processes involved in changing them. I respect that, and respect those who came before me and perhaps had very good reasons for doing things the way they did. I also understand (because I'm a bit smarter and more worldly than a 6 year old), that quite often the realities of the world don't allow us to please everyone all the time. I understand that when we look at the rules that govern the world around us and we don't understand them, it's usually because we're missing something, and that something is usually pretty darn important.
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The only thing embarrassing is watching you so consistently get things backwards.
Anyone who has any idea, meaning
any idea at all, of Stubs' personal life and history can and should be laughing their asses off at how ridiculously, unequivocally, and arrogantly false of an assessment you made in that attempt to equate your respective life experiences, not to mention how painfully predictably you're going to retreat from it in the next few posts.
I was not equating our respective life experiences, and I'm not sure where you got that idea. Are you saying that he hasn't lived his life in a society in which he expects certain protections? There's a difference between expecting them but not getting them and actually living in a society in which there is no expectation of them at all. I suspect you are confusing those two. Badly.
The point I was getting at, which perhaps I did not express well, is that we use a process to decide what the rules are. We decide what our soldiers fighting in a war can and cannot do. We decide what interrogators in different situations can and cannot do. We decide what police officers can and cannot do. And quite often the range of what they "can do" exceeds that which most of us would be willing to do ourselves. However, the boundaries of the law were arrived at, not by arbitrary fiat, but over time based on what worked best.
I was responding to his statement that he has neither been waterboarded or been in a war. Regardless of what list of bad things may have happened to him along the way in his life, the conditions in which he existed have been defined by those rules and limits. And those conditions would almost certainly have been worse if there did not exist soldiers willing to do things most people are not, and police willing to do things most are not, and laws which may in some cases seem to restrictive and in others too lenient, but collectively were designed and/or evolved to create and protect the society.
Yes. It does not always work. And it's certainly not perfect. There are always exceptions, but overall the processes themselves tend to work out. To chuck them because of one case or another would overwhelmingly be counterproductive, but what I keep seeing is people insisting that we should. And yeah, my assumption is going to be that it hasn't dawned on most of those people just how much protection they do receive as a result of the processes out there in the world. No matter how bad you think things are, it really can get worse...