Are there two different people who post under your screen name? It is difficult to imagine that the same person who wrote post #491 wrote #494. Whoever it was that wrote post #491 was able to do so without the arrogance, without the condescension, without the boasting of phony academic credentials. It was actually an interesting post and a pleasure to read and respond to. This one, not so much.
"phony academic credentials"? I spent almost as much time in university getting my BS, MS and PhD as you spent between 1st grade and graduation. How, exactly, are my academic credentials "phony"?
I am surprised that you have such a thin skin. But so long as you get it out of your system.
Oh, and as for "arrogance" who was it that told me that my clear explanation of my morality and ethics as requested was not an answer? Who was it who said:
You mean this? You call this an answer?...
I don't know where
you come from but that was pretty snotty and petulant.
But I also understand you are up against the ropes because you can't seem to discuss laws or philosophy in any detail, you seem to only have rhetoric that maximizes the use of the term "liberty".
I suspect someone could program a computer to generate that kind of post. Just maximize the number of times "liberty" is typed out.
Morality is too nebulous a term for the discussion of rights??
Again, have you ever taken a philosophy class? I don't mean this to sound "arrogant", but it will help me understand why you seem to think "morality" isn't a charged and debated term overall.
So, do you care to answer yet?
Rights are a moral concept, so I am not sure how you would discuss them outside of the context of morality.
There are so many different "moral codes" and "ethics" it boggles the mind.
I have explained to you numerous times the "ethics" I utilize so I don't know how much more clear I can be.
Again, I assume that most people have had at least an intro philosophy class so you can have an understanding that just yelling "morality" doesn't win any "points". It doesn't even begin to explain anything. It's a highly debated and debatable term.
So your moral code is based upon what one might come across during an introductory discussion of philosophy? Impressive.
In a very real sense, yes. Why is that bad? Perhaps I had a very good philosophy teacher? Or perhaps it was because one of my closest friends went on to become a philosophy professor so basically I've had this type of discussion with him for oh, about 20 years now.
It can be, but anyone who bothered to pay attention during an introduction to politics class would not even ask such a question. (See, I can be pompous too)
Don't worry, you were pompous long before this.
Why not? I thought you were for whatever resulted in the greatest good for the greatest number of people. You cant possibly achieve that without violating the rights of the others who happen to make up the minority.
Oh, I most assuredly realize that. That is, sadly, one of the outcomes of this whole thing. BUT that ignores the details of any given example.
Let's revisit a specific bit of legislation introduced in California called Prop 8 or "Prop H8" as many call it. It was largely driven by the
fears of a well-funded religious group(s) that wished to ensure that a right was denied a certain group based on the way they were born.
The argument could be cast as:
The greatest good was whatever got passed in the law.
OR
The greatest good would be whatever maximized the happiness of the largest number while minimizing the pain of the largest number
Now: since
no one was going to require a religious person of any persuation to marry a gay man or gay woman against their will the denial of the right for two consenting gay adults to marry did
only one thing, it minimized happiness and in many cases actually increased pain for a small minority
at no cost whatsoever to the people who voted for Prop H8.
ERGO a minority was actively "hurt" by the actions of a "majority" rule.
ERGO I call it unjust.
There, was that so hard?
It is not up to me to "prove otherwise." If you believe that groups have rights it is up to you to prove it.
I believe that I provided numerous examples.
That is because I am discussing principles; specifically, what principles should just law be based upon.
I just got done taking a Patent Law midterm last night, so you'll forgive me if I point out that there are numerous examples in case law in which the debate is hardly settled or is often settled less on a consistent principle than on a balance based on realities in play.
The judiciary (the folks who we empower to determine if laws are constitutional) does indeed attempt to maintain a systematic set of principles that guide the final decisions, but if you read a case like "Bilski v Kappos" you can see that the adjudication of what is right or wrong in a legal structure sometimes has to consider the broader effects.
Again, sorry to keep dragging this down to actual detailed discussion of laws, but laws do not exist outside of the social structure. Laws are mutually agreed upon codes of action and as such are not always perfectly ammenable to strict principle to decide.
You are a small businessman as you've pointed out. Let's say one day you stumble upon a unique method of conducting your business and you want to get protection for this intellectual property. Well, you can thank the strange discussions around "Bilski v Kappos" for the right to get a "business method patent", but still be mystified why you should be allowed to do so. I know I am. The supreme court affirmed the CAFC's rejection of Bilski's "business method" as abstract, but held open the door for other business methods.
The reality of business method patent law is fraught with danger
not because of some principle but rather because the patent office was, with the advent of the internet, being flooded with methods of doing business that, while anticipated or inferred from prior usages had no specific prior art to "negate" it.
The reality was a possible breakdown in how the law should be applied using the strict principles. And remember, the verbiage of the various chapters of the USC don't necessarily lend themselves to strict interpretation.
Law is driven by priniciple, but requires additional support, usually based on individual case rulings.
With all of your supposed academic accomplishments
You mean the BS, MS and PhD in geology, the two chemistry postdoctoral appointments and 11 years as an industrial research chemist with several patents? That "supposed academic accomplishment"?
Is it more impressive than your "supposed skill as a businessman"?
, explaining the concept of 'collective will' cant be too great a challenge, can it?
Did I say it was?
The difference between you and me is that I put greater faith in my own ability to reach a proper conclusion than I do the unknowable "collective will" of the "mob."
That actually is a difference between us. I am not always so [bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse]-sure of my judgement. I am by nature less self-assured. I'm not a "supposed business owner" such as yourself and that does mark a difference between us. I am more fearful of making an error of judgement and will rely on research into the topic, which is why I tend to rely on others' work.
But that's part of my life in achieving my "supposed academic credentials". I am a "learner" by nature which makes me more prone to, in some cases, over-researching my position.
I'm not saying you are better or worse than I am. We are clearly different in this respect and it is an honest difference (even if you continually insult my academic achievements as "supposed", almost as if you wish to tell me I'm lying about my academic background.)
I live among plenty of humans. I deal with them as equals. I respect their rights. Do you do things differently?
How can they be "equals" to the man who feels that when 2 or more of them get together any conclusions they reach are
prima facie less proper than what you would achieve on your own? (Just using your earlier stated conditions)
I have thought through my point more than you have.
Unevidenced claim. I will only grant that you have thought through your position, but since there's no way for you to know how much I have thought through
my position (apart from the fact that I have consistently dealt in details of actual law and philosophy in this discussion), so you are unable to back that claim up.
I accuse of disregarding the Constitution and embracing only two key phrases "general welfare" and the 'Commerce clause."
Hey, wait, wasn't I also the
only one on here who reference Article I section 8
clause 8 as well?
Interesting. Seems you can't back that claim up either.
I accept the whole thing, you accept two phrases and throw the rest out.
-sigh- At least I've discussed specific judicial findings in relation to questions predicated on constitutional topics. So I think I've covered Article 3 as well (I've even cited a Supreme Court case, can you find it in my posts?)
And the authority to do this comes from where? Oh, thats right, the 'commerce clause.'
You asked me where environmental regulations get their authority in the Constitution and I pointed out where legal scholars clarify that point.
You didn't like the answer apparently. Take it up with legal scholars.
If the US could be said to have been founded upon a single word, that word would be liberty.
Hey! Guess how many times "Liberty" is mentioned in the U.S. Constitution?
Answer: ONCE
Where's that, Thaumaturgy?
IN THE PREAMBLE.
To quote my new legal hero, lordbt:
Now thats funny. You ignore the body of the Constitution and rely upon the one part of the document that lacks any real legal heft--the Preamble. Good one.
Funny how someone with such an impressive education would not know this. Might just be that people on the internet can claim to be anyone or anything. Or have any level of education. No one is obligated to believe it, though.
Indeed. You are not obligated to believe a word I say. That's why I cite case law and specific detailed laws rather than speak in generalities.
(Oh, as an fyi, if you wish to be man enough to accuse me of lying about my education, do it outright. Don't wuss out and dance around the point. Could I call your accusation without evidence a part of your "morality"?)