Esav Benyamin
MidniteSuperMod
- Joined
- Apr 6, 2000
- Messages
- 90,915
John, good to have you in on the discussion. Let me touch on a few points you made.
I find the attitudes and values of the majority of people in the world irrelevent, as whatever justice is, it is like truth, not a matter of a vote.
If Singapore has placed itself outside the world community by this one fault, as you see it, then there is no world community, as few if any nations can claim total purity of action and intent.
I would like us to be clearer about the designation of the branches of government. We in the US look on them as executive, legislative, and judicial. In Britain, it seems the executive and legislative branches overlap.
However, in both cases, the judicial branch does not write its own laws. The legislature writes the laws and that includes determining the penalties for transgressing them. This being so, I don't agree that one can speak of the legislature overriding the judiciary by writing laws with mandatory sentencing.
Also, law and justice is not exclusively a function of democracy, and democracy itself is a variable concept, especially when compared across cultural lines.
But statistical evidence of past injustice is no bar to our improving the system to eliminate the errors, and even more important, the corruption, that led to these abuses.
Incidentally, another one of those countries was Turkey. Have you seen the movie "Midnight Express"? A young American was caught with drugs in Turkey right after Nixon had been hassling the Turks about being soft on anti-drugs policy, so they took it out on their new victim.
Capital punishment is a temporary and imperfect solution to a problem we haven't yet learned to solve properly.
I am not comfortable with the term "international law". I understand law to be a function of sovereign power. I will accept a concept of "international treaty" as relevent to specific instances of international interest. The World Trade Organization would qualify. The International Court of Justice would not.However, mandatory death penalties are not consistent with international law, which tends to reflect the attitudes and values of the majority of people in the world. By the existence of a mandatory death penalty in the Singapore legal code, Singapore has placed itself outside the world community.
I find the attitudes and values of the majority of people in the world irrelevent, as whatever justice is, it is like truth, not a matter of a vote.
If Singapore has placed itself outside the world community by this one fault, as you see it, then there is no world community, as few if any nations can claim total purity of action and intent.
It is a basic principle of democracy that there be separation between the political administration of a society and the judiciary. When the political arm introduces mandatory sentencing it over rides the judiciary and destroys one of the basic principles of democracy. Singapore purports to be a democracy, ...
I would like us to be clearer about the designation of the branches of government. We in the US look on them as executive, legislative, and judicial. In Britain, it seems the executive and legislative branches overlap.
However, in both cases, the judicial branch does not write its own laws. The legislature writes the laws and that includes determining the penalties for transgressing them. This being so, I don't agree that one can speak of the legislature overriding the judiciary by writing laws with mandatory sentencing.
Also, law and justice is not exclusively a function of democracy, and democracy itself is a variable concept, especially when compared across cultural lines.
Pretty much anything can be admitted as testimony. In some instances, statistical evidence will be persuasive.In law statistical evidence can be admitted as testimony.
But statistical evidence of past injustice is no bar to our improving the system to eliminate the errors, and even more important, the corruption, that led to these abuses.
In other words, the US suggested tighter drug controls and some countries, with a history of harsh laws already, went farther than others in complying. Not our "fault" they went with their instincts.I can state with certainty that the actions of these countries was a direct result of diplomatic pressure applied on these countries by the USA. You may accept this or not, as you wish, but it is fact. At the same time we were pressuring Australia and other countries to toughen their stance on drugs, however not all these other countries saw fit to introduce the death penalty for drug related offences.
Incidentally, another one of those countries was Turkey. Have you seen the movie "Midnight Express"? A young American was caught with drugs in Turkey right after Nixon had been hassling the Turks about being soft on anti-drugs policy, so they took it out on their new victim.
I guess I could write the same thing. I am never happy with the idea of damaging humans, however "necessary" it often seems.I personally am opposed to the death penalty, but I am not opposed to the democratic right of the citizens of any country to decide that they want the death penalty.
Capital punishment is a temporary and imperfect solution to a problem we haven't yet learned to solve properly.