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Active Duty Soldier Illegally Disarmed And Arrested


Chestertonian

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Nihil Obstat

I am not articulating why because it's not the basis of my argument. My argument is that I believe that if an individual in a position of authority feels that he/she is justified in doing something that goes against the law (in the original point an officer took a gun away from a law abiding citizen illegally) it is an abuse of power. As such, when the Prohibition was in affect it was illegal to possess alcohol and as such the authorities had the right to take the alcohol from them, technically as according to the law. This, at least for me and obviously not you, all boils down to the fact the Police are to uphold the law, not abuse it.

So then you believe that enforcement of an unjust law is not itself unjust? I am more confident in characterizing that as legal positivism than I was before.

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RCIA ~ Class of 09

"Allow" is the problem. No one is government property.

 

But you really haven't answered the question. I really want to know if you possess this right (or feel you do).

 

Well first of all I am not a cop and I am not sure I have the physical strength to pull off a citizen's arrest; so no. ;)

 

But in seriousness this is a slightly loaded question. Personally I believe that for the most part what you do on your own property is your own business, but if an individual is abusing someone on that property you better bet I think the authorities should step in.

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I am not sure. I am willing to give it a shot this evening.
Of course, you may not know this, but I am not a philosopher. I just play one on the intertubes. And even if I were, my specialty would not be philosophy of law. That said, I am painting a deck all day, so I have lots of time to ponder.


I find that paint fumes enhance philosophical reasoning.
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RCIA ~ Class of 09

So then you believe that enforcement of an unjust law is not itself unjust? I am more confident in characterizing that as legal positivism than I was before.

 

Let me ask you a question: Do you think that cop was justified in taking the gun?

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Nihil Obstat

Let me ask you a question: Do you think that cop was justified in taking the gun?

Certainly not. But even if his state's law did not permit carrying a firearm, I would still consider it unjust.

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RCIA ~ Class of 09

Certainly not. But even if his state's law did not permit carrying a firearm, I would still consider it unjust.

 

Then we's cewl. :)

 

And you might find this tidbit interesting; my great grandfather shot the sheriff who came to his house to take his alcohol during the Prohibition.

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Nihil Obstat

Then we's cewl. :)

 

And you might find this tidbit interesting; my great grandfather shot the sheriff who came to his house to take his alcohol during the Prohibition.

Was the sheriff morally justified in trying to take his alcohol?

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RCIA ~ Class of 09

Was the sheriff morally justified in trying to take his alcohol?

 

Laws aren't always justifiable; but they are still laws.  

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Nihil Obstat

Laws aren't always justifiable; but they are still laws.  

Was the sheriff morally right in trying to enforce an unjust law?

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RCIA ~ Class of 09

Was the sheriff morally right in trying to enforce an unjust law?

 

Yes. But that's the beauty of being American (I am first generation American so I can say that with pride) we have the ability to repeal laws that are unjust. 

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Nihil Obstat

Yes. But that's the beauty of being American (I am first generation American so I can say that with pride) we have the ability to repeal laws that are unjust. 

Well then that is where we disagree. I see no possible way to allow the just enforcement of an unjust law.

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Yes. But that's the beauty of being American (I am first generation American so I can say that with pride) we have the ability to repeal laws that are unjust.

If you're a first generation American, then how was your great grandfather here during prohibition?
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Nihil Obstat

Apparently my great grandfather was a rum runner. He would move alcohol from Rainy River, Ontario, across the river and into Minnesota.

That is what I have been told at least.

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RCIA ~ Class of 09

If you're a first generation American, then how was your great grandfather here during prohibition?

 

My father's side has been here forever, my mother is Canadian.

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