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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 11:28 am 
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Lex Luthor wrote:
Consent is often ambiguous.


This has nothing to do with anything.

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

Ezekiel 23:19-20 


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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 12:22 pm 
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Rynar wrote:
Aizle wrote:
Khross wrote:
Then you certainly believe some level of property is absolute. Self-ownership is a foundational tenet of Lockeian Liberalism (that which the U.S. is based upon).


So I suspect we're getting hung up on "absolute".

I really don't believe in absolutes, most especially when dealing with humans and society.


Is rape absolutely wrong? Or are there instances where rape is acceptable?


There really should be a godwin's like label for rape in online forums. ;)

So yes, rape is wrong, and I can't think of an instance that is remotely possible where it would be acceptable.

However, that doesn't invalidate my statement. There are no absolute rights. Rape falls under self-ownership. It's one specific area of that right that is pretty much inviolate, however there are other areas that can be violated. For instance if you commit a crime then your rights are revoked or lessened.


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PostPosted: Tue Jun 01, 2010 12:24 pm 
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Aizle wrote:
For instance if you commit a crime then your rights are revoked or lessened.
Unless that crime is trespassing, right?

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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 12:25 pm 
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Khross wrote:
Aizle wrote:
For instance if you commit a crime then your rights are revoked or lessened.
Unless that crime is trespassing, right?


Clearly.

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PostPosted: Tue Jun 01, 2010 12:28 pm 
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Could someone please explain the rationale behind why someone committing a crime has more protections on their rights than the person being victimized?

What is the likely outcome of incentivizing criminal behavior like this?

Given one's answer above - is this a doctrine that should be spread to other areas of the law, one that should only exist here in a narrow scope, or one that should never exist?

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PostPosted: Tue Jun 01, 2010 12:29 pm 
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Aizle wrote:
For instance if you commit a crime then your rights are revoked or lessened.


There is a reason for this. One cannot claim protection behind a doctrine he himself has shown contempt for by violating.

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

Ezekiel 23:19-20 


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 Post subject: Re:
PostPosted: Tue Jun 01, 2010 12:35 pm 
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Rynar wrote:
Aizle wrote:
For instance if you commit a crime then your rights are revoked or lessened.


There is a reason for this. One cannot claim protection behind a doctrine he himself has shown contempt for by violating.


Exactly. I didn't say there weren't good reasons behind why rights aren't absolute. In fact I kinda assumed that everyone figured there were good reasons...


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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 12:36 pm 
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Khross wrote:
Aizle wrote:
For instance if you commit a crime then your rights are revoked or lessened.
Unless that crime is trespassing, right?


...

yeah, obviously. :roll:


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 Post subject: Re:
PostPosted: Tue Jun 01, 2010 12:38 pm 
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Elmarnieh wrote:
Could someone please explain the rationale behind why someone committing a crime has more protections on their rights than the person being victimized?

What is the likely outcome of incentivizing criminal behavior like this?

Given one's answer above - is this a doctrine that should be spread to other areas of the law, one that should only exist here in a narrow scope, or one that should never exist?


Are you stating that you believe that currently today criminals have more rights than those of their victims? I don't believe that is true and I think it would be silly to setup a system where it were.


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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 12:39 pm 
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Aizle wrote:
Elmarnieh wrote:
Could someone please explain the rationale behind why someone committing a crime has more protections on their rights than the person being victimized?

What is the likely outcome of incentivizing criminal behavior like this?

Given one's answer above - is this a doctrine that should be spread to other areas of the law, one that should only exist here in a narrow scope, or one that should never exist?


Are you stating that you believe that currently today criminals have more rights than those of their victims? I don't believe that is true and I think it would be silly to setup a system where it were.


Exactly where does my punctuation indicate I am making any statements?

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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 12:42 pm 
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Elmarnieh wrote:
Aizle wrote:
Elmarnieh wrote:
Could someone please explain the rationale behind why someone committing a crime has more protections on their rights than the person being victimized?

What is the likely outcome of incentivizing criminal behavior like this?

Given one's answer above - is this a doctrine that should be spread to other areas of the law, one that should only exist here in a narrow scope, or one that should never exist?


Are you stating that you believe that currently today criminals have more rights than those of their victims? I don't believe that is true and I think it would be silly to setup a system where it were.


Exactly where does my punctuation indicate I am making any statements?


Sorry, I should have said "inferred".


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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 12:42 pm 
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Aizle wrote:
Rynar wrote:
Aizle wrote:
For instance if you commit a crime then your rights are revoked or lessened.


There is a reason for this. One cannot claim protection behind a doctrine he himself has shown contempt for by violating.


Exactly. I didn't say there weren't good reasons behind why rights aren't absolute. In fact I kinda assumed that everyone figured there were good reasons...


Your rights are absolute, until you yourself decide to forfiet them. The way you decide forfiet them is violating someone elses rights, as you can't have rights which conflict with the rights of another person.

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

Ezekiel 23:19-20 


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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 12:47 pm 
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Aizle wrote:



Sorry, I should have said "inferred".


I'll answer your question when you answer mine. Fair?

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 Post subject: Re:
PostPosted: Tue Jun 01, 2010 12:57 pm 
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Elmarnieh wrote:
Could someone please explain the rationale behind why someone committing a crime has more protections on their rights than the person being victimized?

What is the likely outcome of incentivizing criminal behavior like this?

Given one's answer above - is this a doctrine that should be spread to other areas of the law, one that should only exist here in a narrow scope, or one that should never exist?


How about the notion of cruel/unusual punishment? If you speed should you be shot? You are a criminal and therefore sacrafice all rights to life according to your argument right? How about the punishment/penalty fit the crime. Not to mention you are advocating vigilanteism when there exists a perfectly capable mechanism for dealing with trespassers in the form of the police department.

If someone commits criminal menacing by threatening me I should be allowed to shoot them dead by your rationale.

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PostPosted: Tue Jun 01, 2010 1:03 pm 
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Hopwin:

You're still making Straw Man arguments.

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Facism is not a school of thought, it is a racial slur.


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PostPosted: Tue Jun 01, 2010 1:39 pm 
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I am going to say a shotgun to the legs is excessive for unattended b and e. An alarm or a guard dog or even some kind of snare/detention device would have been okay.

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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 1:40 pm 
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Hopwin wrote:
If someone commits criminal menacing by threatening me I should be allowed to shoot them dead by your rationale.


Um....yes. Yes you should.

Criminal menacing, depending on the state, typically involves a real fear for your own safety. If you feel your safety is threatened, you should be able to defend yourself. In defending yourself, the other person may become dead. This is not bad, in any way.

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PostPosted: Tue Jun 01, 2010 1:40 pm 
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Rorinthas wrote:
I am going to say a shotgun to the legs is excessive for unattended b and e. An alarm or a guard dog or even some kind of snare/detention device would have been okay.
Any guard dog worth his salt would have killed the individual. That said, I object to any mention of the police as perfectly capable.

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Facism is not a school of thought, it is a racial slur.


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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 1:42 pm 
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Khross wrote:
That said, I object to any mention of the police as perfectly capable.


Particularly in cases of "prevention."

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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 1:49 pm 
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Hopwin wrote:
Elmarnieh wrote:
Could someone please explain the rationale behind why someone committing a crime has more protections on their rights than the person being victimized?

What is the likely outcome of incentivizing criminal behavior like this?

Given one's answer above - is this a doctrine that should be spread to other areas of the law, one that should only exist here in a narrow scope, or one that should never exist?


How about the notion of cruel/unusual punishment? If you speed should you be shot? You are a criminal and therefore sacrafice all rights to life according to your argument right? How about the punishment/penalty fit the crime. Not to mention you are advocating vigilanteism when there exists a perfectly capable mechanism for dealing with trespassers in the form of the police department.

If someone commits criminal menacing by threatening me I should be allowed to shoot them dead by your rationale.



Answer my questions and I will answer yours.

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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 2:02 pm 
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Elmarnieh wrote:
Aizle wrote:

Sorry, I should have said "inferred".


I'll answer your question when you answer mine. Fair?


I did already.

Aizle wrote:
I don't believe that is true and I think it would be silly to setup a system where it were.


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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 2:12 pm 
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Rynar wrote:
Your rights are absolute, until you yourself decide to forfiet them. The way you decide forfiet them is violating someone elses rights, as you can't have rights which conflict with the rights of another person.


So conceptually I agree with you. I had been posting within the context of codified rights within the law. And as such, you have to decide where those lines are drawn where the rights of one conflict with the rights of another. Your statement, while inspiring and a great place to start from is from a practical standpoint worthless, as everyones individual rights are almost continually in conflict with the rights of others.


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PostPosted: Tue Jun 01, 2010 2:30 pm 
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As long as your booby trap is not a hazard to people lawfully entering your property, to neighbors, or to passersby then yes, you should have a right to do this.

That includes people pulling into your driveway or walking up your walk to your door to speak to you. People who wish, for whatever reason, to contact you, must have a safe avenue for doing so. Once they've contacted you if you wish them to leave, it's your right to tell them so, but you have an obligation to provide a means by which a person can approach you and ask your permission to be there.

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 Post subject: Re: Re:
PostPosted: Tue Jun 01, 2010 2:38 pm 
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Aizle wrote:
Elmarnieh wrote:
Aizle wrote:

Sorry, I should have said "inferred".


I'll answer your question when you answer mine. Fair?


I did already.

Aizle wrote:
I don't believe that is true and I think it would be silly to setup a system where it were.



You don't believe this is an instance where the crimminal has more protection on their rights than the property owner?

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PostPosted: Tue Jun 01, 2010 2:45 pm 
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Diamondeye wrote:
...you have an obligation to provide a means by which a person can approach you and ask your permission to be there...
Says who?

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Corolinth wrote:
Facism is not a school of thought, it is a racial slur.


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