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OK, so it's settled, the state has criminalised this form of peaceful protest, and those who continue it are criminals and may legally be bashed by riot police.

When are you joining the police, Starvid?

by afew (afew(a in a circle)eurotrib_dot_com) on Fri Aug 14th, 2009 at 04:57:21 AM EST
[ Parent ]
There is no question that the protest was illegal. I thought the outrage was that the police used too much violence?

If you think this is ok, what other peaceful sabotage of government work is ok? Hiding your tax money on the Bermudas? Mailing shit-filled letters to social offices? Blockading mass transit so people can't get to work?

Watching the footage it looks like the police are using far more than a proportional amount of force, and it does look quite outrageous. However, the police actually doing their job is not outrageous. Their refusal to do it would be.

Peak oil is not an energy crisis. It is a liquid fuel crisis.

by Starvid (arvid.hallen at gmail.com) on Fri Aug 14th, 2009 at 05:08:06 AM EST
[ Parent ]
Of course the protest was ok. And the protesters were aware of the fact that it was illegal so they stood to get arrested. You cannot see them meaningfully resisting arrest at any point in the video. They don't even resist being clubbed.

That is the outrage. There was no need to use force for the police to carry out their work. They are using force in order to intimidate the protesters. The difference between them and brownshirts is only that they are employed by the government. Which is the core of Jake's criticism of the government in this connection.

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.

by Migeru (migeru at eurotrib dot com) on Fri Aug 14th, 2009 at 05:22:19 AM EST
[ Parent ]
That's what I'm saying...

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid (arvid.hallen at gmail.com) on Fri Aug 14th, 2009 at 05:23:24 AM EST
[ Parent ]
You keep emphasising the fact that the protesters are criminals.

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.
by Migeru (migeru at eurotrib dot com) on Fri Aug 14th, 2009 at 05:52:31 AM EST
[ Parent ]
That's because it's the only thing I took issue with. Note that my first in this post was a response to:

Seems like they've learnt from the Met police on how re-label the right to dissent and to protest as a criminal refual to compy with lawful instruction.

When "criminal refusal to comply with lawful instruction" was pretty much exactly what they were doing. This doesn't mean I believe they should have their heads smashed in, just like I don't think people who steal jewelry from stores should have their heads smashed in when the police arrive to deal with them. I considered it so obvious that I didn't even mention it, but to clarify even further: I think the police overreacted. Peaceful protesters can be arrested or dispersed without the use of nightsticks.

Peak oil is not an energy crisis. It is a liquid fuel crisis.

by Starvid (arvid.hallen at gmail.com) on Fri Aug 14th, 2009 at 06:15:29 AM EST
[ Parent ]
The police did not "overreact." Overreaction requires a provocation to react to.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Fri Aug 14th, 2009 at 07:25:51 AM EST
[ Parent ]
Is there no difference for you between civil disobedience and committing a crime? It's your use of language and concept that I was disagreeing with.
by afew (afew(a in a circle)eurotrib_dot_com) on Fri Aug 14th, 2009 at 08:15:25 AM EST
[ Parent ]
Civil disobedience is by definition a crime, because it is illegal. That doesn't necessarily make it a bad thing. After all, I do it every day.

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid (arvid.hallen at gmail.com) on Fri Aug 14th, 2009 at 08:37:32 AM EST
[ Parent ]
Anything illegal is a crime? That seems a strong term to me. But I don't know the categories of Danish law.
by afew (afew(a in a circle)eurotrib_dot_com) on Fri Aug 14th, 2009 at 02:21:32 PM EST
[ Parent ]
If it were not a crime it wouldn't be disobedience.

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.
by Migeru (migeru at eurotrib dot com) on Fri Aug 14th, 2009 at 08:48:03 AM EST
[ Parent ]
Starvid: I considered it so obvious that I didn't even mention it, but to clarify even further: I think the police overreacted.

I had read your comment as you intended it, but it is reassuring to read your further clarification.  I agree with you and Migeru below that civil disobedience entails the commission of a crime legally speaking, even if the act is not a crime (indeed, is just the opposite) meta-legally -- i.e. morally -- speaking.

The West won the world not by the superiority of its ideas or values or religion, but rather by its superiority in applying organized violence.

by marco (cowannar at gmail punkt com) on Sat Aug 15th, 2009 at 12:41:26 AM EST
[ Parent ]
Heh, my favourite subject, natural law vs. legal positivism.

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid (arvid.hallen at gmail.com) on Sat Aug 15th, 2009 at 06:17:02 AM EST
[ Parent ]
I'm a legal positivist but I still believe civil disobedience is legitimate.

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.
by Migeru (migeru at eurotrib dot com) on Sat Aug 15th, 2009 at 06:24:43 AM EST
[ Parent ]
Starvid: Heh, my favourite subject, natural law vs. legal positivism.

I wasn't familiar with the term "legal positivism", but from a quick about it, I guess I'm a "legal positivist", as that understanding of the law seems to leave open the possibility of evolution in the law in response to the changing behavioral norms and/or philosophical ideals in society; and one spur to such an evolution of the law is civil disobedience.  Natural law, on the other hand, seems to imply that there are universal and unchanging principles of behavior, morality, justice, etc., and I am not comfortable with that notion.

The West won the world not by the superiority of its ideas or values or religion, but rather by its superiority in applying organized violence.

by marco (cowannar at gmail punkt com) on Sat Aug 15th, 2009 at 01:30:50 PM EST
[ Parent ]
Me neither. The law must evolve. The greatest civil disobedience is drug use. One day the law will be changed.

You can't be me, I'm taken
by Sven Triloqvist on Sat Aug 15th, 2009 at 01:37:53 PM EST
[ Parent ]
What is this, are we all moral relativists?

The peak-to-trough part of the business cycle is an outlier. Carnot would have died laughing.
by Migeru (migeru at eurotrib dot com) on Sat Aug 15th, 2009 at 02:29:06 PM EST
[ Parent ]
And Prohibition does what exactly? Most laws are about regulation. Regulation is society based, and when societies change they need to be regulated in a different fashion. That is what democracy is about, I thought. And majorities change - and change the regulations.

Laws against homicide are of the few 'morally absolute' laws - except of course in uniform. And even homicide is treated differently by different cultures - crimes of passion, honour, rebellion.

You can't be me, I'm taken

by Sven Triloqvist on Sat Aug 15th, 2009 at 04:31:56 PM EST
[ Parent ]
Freetown Christiania - Wikipedia, the free encyclopedia

An attempt was made to cooperate with the police in order to get rid of the heroin pushers, which was something many Christianites felt extremely uncomfortable about due to their anarchical tradition and the continuous clashes between Christiania and the police. Despite the shared feelings of distrust, however, some Christianites felt there was no other way to fix such problem, and supplied the police with a list of suspected hard drug networks. The intention of the Christianites' decision was made very clear: police were to concentrate only on hard drugs. This did not happen, and instead the police ignored the Christianites' requests and made a large crackdown only on the hash network, oddly leaving the heroin ring untouched.

The police gave the names of "cooperating Christianites" to the hash dealers, and they had to leave Christiania for fear of reprisals.

Feeling betrayed and bitter the Christianites decided not to cooperate any further with the authorities, and instead launched what was to be known as the Junk Blockade. For 40 days and nights the Christianites--men, women, and children--patrolled 'The Arc of Peace' and whenever they found junkies or pushers they gave them an ultimatum: either quit all activities with hard drugs or leave Christiania. In the end, the pushers were forced to leave, and sixty people entered drug rehabilitation.



~"When an inner situation is not made conscious, it appears outside as fate." Karl Jung~
by melo (melometa4(at)gmail.com) on Sat Aug 15th, 2009 at 07:27:54 PM EST
[ Parent ]
I guess you're not a legal positivist then. A key belief of legal positivism, at least as it is interpreted in this country, is that a law cannot be wrong, morally speaking, because right and wrong are just ideas or feelings which are fed into children when they are raised, or tools which the rulers use to control their subjects. If you believe there is actually a right and wrong, no matter what the law says, you're much closer to the position of natural law.

A legal positivist would say that drug use is clearly wrong, because it is illegal, while a supporter of natural law would say that we have an inherent right to use drugs if we feel like, and no amount of law can turn this right into a wrong.

Peak oil is not an energy crisis. It is a liquid fuel crisis.

by Starvid (arvid.hallen at gmail.com) on Mon Aug 17th, 2009 at 03:00:37 AM EST
[ Parent ]
But legal positivism doesn't imply that laws are immutable. And if they can be changed it must be because they can be wrong.

My understanding of legal positivism is that it makes no statement on whether the law is right or wrong, morally. It's just the rules we have chosen to give ourselves. That doesn't make them morally right in an absolute sense.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Mon Aug 17th, 2009 at 04:03:05 AM EST
[ Parent ]
It seems legal positivism is understood in quite different ways here compared to on the continent.

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid (arvid.hallen at gmail.com) on Mon Aug 17th, 2009 at 04:24:43 AM EST
[ Parent ]
Legal positivism - Wikipedia, the free encyclopedia

Legal positivism is a school of thought in philosophy of law and jurisprudence. The principal claims of legal positivism are that:

  • There is no inherent or necessary connection between the validity conditions of law and ethics or morality.
  • Laws are rules made, whether deliberately or unintentionally, by human beings.
  • Laws must follow the rules of determinism.
Emphasis on the first bullet point... But what you say is in

Rättspositivism - Wikipedia

Enligt rättspositivismen kan inte en lag vara orätt, eftersom rätt bara är en idé eller känsla som skapats genom till exempel uppfostran, eller ett instrument för makthavare att utöva makt.
Why would a law then be changed? Because it is wrong or because it has become inconvenient to those with the vested legal power to change it?

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Mon Aug 17th, 2009 at 04:49:02 AM EST
[ Parent ]
The following sentence I think clears the confusion:

Det finns olika skolor inom rättspositivismen, varav en del menar att moral existerar och andra inte gör det.

Starvid appears to adher to the school within legal positivism that claims that moral does not exist. Therefore - if I understand it correctly - there is no moral that the law could contradict.

After reading some wikipedia I start to suspect that legal positivism is a school that highly values its internal model of the legal system. It should then not be surprising if changes in the laws are simply external factors that are uninteresting...

A vote for PES is a vote for EPP! A vote for EPP is a vote for PES! Support the coalition, vote EPP-PES in 2009!

by A swedish kind of death on Mon Aug 17th, 2009 at 05:42:50 AM EST
[ Parent ]
Starvid is also a realist which makes it also possible that he would accept "laws are changed for expeciency reasons when the old law becomes inconvenient to the sovereign". Which is not necessarily false, but also not necessarily true in all cases. I prefer the version where laws are changed when they get out of line with the evolving mores. And then there's a distinction between morality (as customs) and ethics (right behaviour).

In other words: there's what's legal and illegal; what's done or not done (morals); and right and wrong (ethics).

One doesn't have to believe in natural law (which is a sort of absolute standard) in order to believe that ethical behaviour exists and can be illegal.

But one can also decide that law dictates morality and there's no difference between morality and ethics.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Mon Aug 17th, 2009 at 05:51:58 AM EST
[ Parent ]
Migeru:
for expeciency reasons
expediency, that is.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Mon Aug 17th, 2009 at 09:54:07 AM EST
[ Parent ]
A swedish kind of death:
I start to suspect that legal positivism is a school that highly values its internal model of the legal system. It should then not be surprising if changes in the laws are simply external factors that are uninteresting...
See also

Nomic - Wikipedia, the free encyclopedia

Nomic is a game created in 1982 by philosopher Peter Suber in which the rules of the game include mechanisms for the players to change those rules, usually beginning through a system of democratic voting.[1]

Nomic is a game in which changing the rules is a move. In that respect it differs from almost every other game. The primary activity of Nomic is proposing changes in the rules, debating the wisdom of changing them in that way, voting on the changes, deciding what can and cannot be done afterwards, and doing it. Even this core of the game, of course, can be changed. --Peter Suber, the creator of Nomic, The Paradox of Self-Amendment, Appendix 3, p. 362.

Nomic actually refers to a large number of games based on the initial ruleset laid out by Peter Suber in his book The Paradox of Self-Amendment. (The ruleset was actually first published in Douglas Hofstadter's column Metamagical Themas in Scientific American in June 1982. The column discussed Suber's then-upcoming book, which was published some years later.) The game is in some ways modeled on modern government systems, and demonstrates that any such system where rule-changes are possible, a situation may arise in which the resulting laws are contradictory or insufficient to determine what is in fact legal. Because the game models (and exposes conceptual questions about) a legal system and the problems of legal interpretation, it is named after νόμος (nomos), Greek for "law". (See also nomos.)

You could argue that this is a legal-positivist game focusing mostly on the legal rules on how to change the rules. Legal positivism wouldn't posit that there is a right or wrong way of amending the law, but that the changes should be made according to the law itself.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Mon Aug 17th, 2009 at 05:59:37 AM EST
[ Parent ]
Starvid appears to adher to the school within legal positivism that claims that moral does not exist.
Actually, I'm not a legal positivist. Not really natural law either, but much closer to natural law than the Swedish Wikipedia variety of legal positivism you quoted, which I find rather disgusting.

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid (arvid.hallen at gmail.com) on Tue Aug 18th, 2009 at 08:19:44 AM EST
[ Parent ]
Then I misread what you said earlier.

Thanks for clearing that out.

A vote for PES is a vote for EPP! A vote for EPP is a vote for PES! Support the coalition, vote EPP-PES in 2009!

by A swedish kind of death on Tue Aug 18th, 2009 at 12:19:52 PM EST
[ Parent ]
Ah yes, it seems that's where the confusion comes from.

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid (arvid.hallen at gmail.com) on Tue Aug 18th, 2009 at 08:18:40 AM EST
[ Parent ]
I believe I understand perfectly well what he said and he didn't just say the protesters were criminals.  My understanding is this (paraphrased):

If the protesters didn't have a permit, they were acting outside the law and thus proper police action could be justified.  However, regardless of whether the protesters did or did not have a permit, it appears the police in this instance were unjustified in the harsh action they took.

The only real question to ponder is whether or not any police action was necessary at all. The presumption would be that perhaps, if necessary to enforce a court order of some sort, whether one agrees with it or not. Obviously, our sympathies lie with the Iraqi refugees.

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears

by Gringo (stargazing camel at aoldotcom) on Fri Aug 14th, 2009 at 11:56:55 PM EST
[ Parent ]
Starvid:
it looks like the police are using far more than a proportional amount of force, and it does look quite outrageous. However, the police actually doing their job is not outrageous. Their refusal to do it would be.

er, hello?

 it's outrageous how they're 'doing their job'
 and it'd be outrageous if they did no job at all.

if the protest was non-violent, where is there any justification for the police to set such a bad example?

one incident would be worrying, the fact that this is rapidly becoming a global pattern even more so.

starvid, isn't this 'doublethink'?

~"When an inner situation is not made conscious, it appears outside as fate." Karl Jung~

by melo (melometa4(at)gmail.com) on Fri Aug 14th, 2009 at 05:23:07 AM EST
[ Parent ]
if the protest was non-violent, where is there any justification for the police to set such a bad example?

That's what I said.

Peak oil is not an energy crisis. It is a liquid fuel crisis.

by Starvid (arvid.hallen at gmail.com) on Fri Aug 14th, 2009 at 05:24:11 AM EST
[ Parent ]
It seems we are in the minority. According to a poll made by the Danish State Radio, 27% think the police acted in too brutal a way, while 54% think they did not.

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid (arvid.hallen at gmail.com) on Fri Aug 14th, 2009 at 07:11:29 AM EST
[ Parent ]
Source?

The figures I saw said that 27 % thought that the police should not have abducted the refugees. Which is a rather different question.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Fri Aug 14th, 2009 at 07:27:35 AM EST
[ Parent ]
I målingen siger 54 procent, at nattens politiaktion mod irakerne var i orden, mens 27 procent mener, at den var for voldsom.

Source.

Peak oil is not an energy crisis. It is a liquid fuel crisis.
by Starvid (arvid.hallen at gmail.com) on Fri Aug 14th, 2009 at 07:35:01 AM EST
[ Parent ]
"Pollsters deny the phone servey was skewed by including the number 112 from most towns in the polled area"

Any idiot can face a crisis - it's day to day living that wears you out.
by ceebs (ceebs (at) eurotrib (dot) com) on Fri Aug 14th, 2009 at 07:30:12 AM EST
[ Parent ]

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