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Conferenza Transnational
Agora' Internet - 1 marzo 1995
Mr. Devine's comments

From: Daniel Dorry

To: Multiple recipients of list

Subject: Mr. Devine's comments

X-Listprocessor-Version: 6.0 -- ListProcessor by Anastasios Kotsikonas

X-Comment: The Transnational Radical Party List

I'd like to respond to Mr. Devine's comments.

He wrote (MY RESPONSES ARE IN CAPS) :

Mr. Dorry-

If you only wish to contruct your arguments on a coherence

theory of

truth I don't believe you will ever find me persuaded.

THEN WHAT WILL PERSUADE YOU? I AM NOT NAIVE ENOUGH TO BELIEVE THERE

IS SOME PLATONIC REALITY THAT EXISTS INDEPENDENTLY OF OUR

PERCEPTIONS, BELIEFS, VALUES, ATTITUDES, ETC. IF YOU ARE A

PLATONIST, HOWEVER, I'D BE HAPPY TO DISCUSS THE PROS AND CONS OF

SUCH A STANCE ON A DIFFERENT LIST.

You called the Harvard students brainwashed by hegemony, but

hegemony implies an accepted

social value. This is exactly the means by which a coherence

theory of

truth operates- it taps into dominant values of society,

NOT EXACTLY. COHERENCE THEORY OPERATES BY ADVANCING A CONSISTENT

SET OF PROPOSITIONS ABOUT AN IDEA OR PHENOMENON WITH THE GOAL OF

EXPLAINING IT AS THOROUGHLY AND/OR PERSUASIVELY AS POSSIBLE. TO

SUGGEST THAT COHERENTISTS OPERATE BY TAPPING INTO DOMINANT SOCIETAL

VALUES, HOWEVER, IS INCORRECT. INDEED, IT IS POSSIBLE TO CONSTRUCT

A COHERENCE (AND COHERENT) THEORY ABOUT WHY, SAY, HITLER WAS A GOOD

MAN. SURELY ANY ARGUMENT THAT WOULD ADVANCE SUCH A THESIS WOULD NOT

BE TAPPING INTO ANY "DOMINANT" SOCIETAL VALUES. IT IS ALSO POSSIBLE

(AND ITS DONE ALL THE TIME) TO CONSTRUCT A COHERENCE THEORY ABOUT

THINGS WHICH LIE COMPLETELY OUTSIDE THE MORAL REALM. (ANYWAY, YOUR

COMMENT SUGGESTS THAT I THINK THERE IS SOMETHING WRONG WITH

HEGEMONY....IF YOU READ THE REMARK CAREFULLY, YOU'D UNDERSTAND THAT

IT IS POST MODERN BOURGEOIS LIBERAL HEGEMONY I HAVE A PROBLEM

WITH).

thereby easily persuading any "reasonable" person because

reasonable is a social contruct.

I SIMPLY DONT HAVE ENOUGH TIME TO SAY ALL I WANT TO SAY ABOUT THIS,

BUT LET ME JUST SAY A COUPLE OF THINGS: 1. IF WE STOP BELIEVING IN

THE POWER OF HUMAN RATIONALITY TO ERECT SATISFACTORY STANDARDS OF

REASONABLENESS, WHAT CAN WE BE LEFT WITH? 2. CAN YOU MORE FULLY

EXPLAIN YOURSELF?

What is convincing to me is how well your theories map reality.

MY, MY, MY...I DIDNT THINK I'D EVER FIND A PLATONIST ON A LIST LIKE

THIS! MR. DEVINE, WHOSE REALITY ARE YOU TALKING ABOUT HERE? THINK

FOR A MOMENT: IS THERE JUST ONE? WHAT EXACTLY DO YOU MEAN WHEN YOU

INVOKE THE NOTION OF "REALITY"? DOESN'T THE DP DEBATE, LIKE ANY

DEBATE, FLOW FROM HIGHLY VALUED, BUT ENORMOUSLY DIFFERING FIRST

PRINCIPLES, MORAL MAXIMS, ETC THAT ARE PREDICATED ON NOTHING MORE

THAN FIRMLY HELD BELIEFS? AT SOME POINT IN THIS DEBATE, WE WILL

DISCUSS THE DP WITH INTELLIGENT, THOUGHTFUL, CONCERNED PEOPLE WHO

BELIEVE DIFFERENT THINGS LIKE: 1. THE STATE HAS NO RIGHT TO TAKE

THE LIFE OF A PERSON; 2. THE STATE HAS A RIGHT TO TAKE THE LIFE OF

A PERSON; 3. DP IS JUST; 4. DP IS UNJUST, ETC., ETC... THERE IS NO

WAY (AS FAR AS I CAN TELL) TO PERSUADE PEOPLE OTHERWISE ON SUCH

FUNDAMENTAL PRINCIPLES. WHAT ONE HOPES IS THAT ONE OF A CITIZENS

FIRST PRINCIPLES SHOULD BE: LET'S MAKE SOCIETY AS JUST AS POSSIBLE.

FROM THERE, WE CAN ARGUE THAT THE DP HELPS DO THAT (OR DOESNT DO

THAT)...AND DRAW OUR CONCLUSIONS AFTER RATIONAL DEBATE. BUT I'M

INTERESTED IN HEARING MORE ABOUT THIS NOTION OF MAPPING REALITY.

You said that "by and large, we all play by the rules...".

I am

not so sure we do if you think the rules are our legal system. The

unprovable maxim about the killing of innocents exists outside the

law.

NO, IT EXISTS WITHIN THE LAW. I CAN POINT YOU TO HUNDREDS OF

STATUTES IF YOU DONT BELIEVE ME. I'M NOT BEING SARCASTIC; MY POINT

IS SIMPLE. IF THOSE STAUTES WERE REPEALED, AND IT WAS NO LONGER

AGAINST THE LAW TO MURDER, SOCIETY WOULD BE THROWN INTO ANARCHY.

ONLY CHRISTIANS AND KANTIANS BELIEVE RIGHT AND WRONG EXIST OUTSIDE

THE LAW.

When is the last time you restrained yourself from doing an illegal

act

just because it was illegal?

EVERYDAY, AS DO YOU AND EVERYONE READING THIS LIST.

In most cases the answer is rarely or never.

NO, THE ANSWER IS ALL THE TIME. WE ARE FREQUENTLY IN SITUATIONS

THAT CALL FOR US TO COMPARE AND WEIGH THE ADVANTAGES OF ILLEGAL

ACTION WITH THE CORRESPONDING PENALTIES. IF WE SIMPLY INVOKED OUR

CONSCIENCES TO DECIDE FOR US, THEN POOR WOULD STEAL FROM RICH

CONSTANTLY, AND THE VIGILANTISM RATE WOULD BE ASTRONOMICAL.

People generally act by thier own moral principles irregardless of

the law.

IRREGARDLESS IS NOT A WORD, AND NOW YOU ARE MAPPING A VERY

DISTORTED REALITY, MR DEVINE.

The instances where the law is a deterrence are not the most

horrible violent

crimes.

LET'S NOT DISCUSS WHAT IS OR IS NOT A DETERRENT FOR NOW, BECAUSE

I'VE ALREADY CONCEDED THAT CURRENT DP LEGISLATION AROUND THE

COUNTRY IS IMPOTENT. RATHER, LET'S DISCUSS HOW DP MIGHT BE

EFFECTIVELY IMPLEMENTED.

Your plan for CP requires that punishment be swift and

certian.

.WITHOUT IGNORING DUE PROCESS. BUT DUE PROCESS MEANS DIFFERENT

THINGS TO DIFFERENT PEOPLE...

This is the only way CP could work, but at what cost?

THE COST WOULD BE: A SAFER SOCIETY, LESS TAXES, MORE MONEY FOR

SOCIAL PROGRAMS TO ELEVATE THE STATUS OF THOSE WHO MIGHT OTHERWISE

TURN TO CRIME, MORE FAITH IN THE JUSTICE SYSTEM....

The appeals process is a right I am unwilling to part with, it is a

fundamental part of a fair legal

system.

I'M NOT SUGGESTING SUMMARY EXECUTIONS ON THE STREET, MR DEVINE! BY

THE WAY, I THOUGHT YOU SAID THAT THINGS LIKE "REASONABLENESS" AND

"FAIRNESS" ARE SOCIAL CONSTRUCTS. TSK, TSK, YOU'RE COMPROMISING

YOUR PLATONIC IDEALS.

Required CP for certian crimes will likely create a bureaucratic

push to implement it swiftly, which would further sacrifice

accuracy and fairness.

THIS IS MERE NONSENSE, MR DEVINE. THE ONLY FACTORS THAT COUNT FOR

ACCURACY AND FAIRNESS IN A TRIAL IS THE ABILITY AND DEDICATION OF

THE LAWYERS AND JUDGES INVOLVED. EFFECTIVE DP LEGISLATION WOULD NOT

ALTER THE TRIAL PROCESS, NOR THE PROCEDURAL SAFEGUARDS THAT

ACCOMPANY IT (AND THERE ARE MANY). WHAT IT MIGHT DO IS DETER

CRIMINAL ACTIVITY, WHICH WOULD LIGHTEN COURT DOCKETS AND ALLOW FOR

TRIALS TO BE EVEN MORE THOROUGH, ACCURATE AND FAIR.

Furthermore, when it comes to the individual convicted

criminals there

is nothing that can be accomplished by CP that cannot be provided

for by a

mandatory life sentence.

WRONG. DP PROVIDES: IMPOSSIBILITY OF ESCAPE OR PAROLE, SENSE OF

JUSTICE FOR VICTIM(S)' FRIENDS/FAMILY, ETC., HEIGHTENED GENERAL

DETERRENCE BY PLAYING ON CRIMINAL'S FEAR OF DEATH

In many cases life sentences can be less expensive because of

the enourmous cost of those vital CP appeals.

THIS IS AN ARGUMENT FOR LOWERING THE COST OF JUSTICE, NOT

ABOLISHING THE DP.

More generally I don't believe that a government has the

right to kill

anyone.

WHAT RIGHT DOES A GOVT HAVE TO DO ANYTHING? TO TAX PEOPLE? TO

CONFINE CRIMINALS? THE ANSWER IS: THE GOVT HAS RIGHTS WE CONFER TO

IT AS A PEOPLE. IF WE CONFER ON IT THE RIGHT TO KILL, THEN IT MAY

DO SO.

Frankly I am afraid of a government that thinks it has control

over

the life and death of it's citizens.

THEN BE AFRAID, BECAUSE GOVT ALWAYS HAD THAT POWER AND ALWAYS

WILL..

That is not government for the people, it is a government that

violates the peolple's fundamental right to life.

BUT IF 51% OF THE PEOPLE IN THE STATE OR COUNTRY (LETS SAY) VOTE

FOR DP, HOW COULD IT NOT BE A GOVT OF AND FOR THE PEOPLE? ARE YOU

AGAINST MAJORITY RULE? WHAT PRINCIPLE WOULD YOU PUT IN ITS PLACE?

ISNT IT TRUE THAT THOSE WHO OPPOSE THE DP ARE IN THE STARK MINORITY

AND REALLY DONT REPRESENT ANYONE BUT THEMSELVES? LISTEN TO THE

NEWS, MR DEVINE, EXAMINE THE POLLS. IT IS TRUE.

also don't care to send the message to our children or the world

that violence

is a legitmate way to solve problems.

I DONT CARE TO SEND THAT MESSAGE EITHER, MR DEVINE, SO DO NOT TRY

TO TAKE SOME MORAL HIGH GROUND IN THIS DEBATE. BUT IF ALL WE ARE

LEFT WITH IS VIOLENCE, THEN VIOLENCE IT MUST BE. OF COURSE, ANOTHER

NAME FOR VIOLENCE IS SOMETIMES JUSTICE. (AS A PLATONIST, YOU SHOULD

BE COMFORTABLE WITH THAT WORD..)

This is a fundamental principle for

The Radical Party and it surprises me you even subscribe, knowing

the agenda.

I SUBSCRIBED PRECISELY TO INITIATE THIS DISCOURSE.

Nevertheless I am glad there is a discourse, and believe all points

should be

open to discussion. It may be more productive, though, to adhere

to the

carefully laid agenda and keep most discussion directed at

realising the goals

of the party, not undermining them.

OH, MR DEVINE, I CARE NOT FOR THAT KIND OF PRODUCTIVITY. REAL

PRODUCTIVENESS, I THINK, WOULD BE TO PERSUADE SOME OUT THERE THAT

AN EFFECTIVELY DRAFTED, RIGOROUSLY IMPLEMENTED DP IS NECESSARY TO

REDUCE VIOLENT CRIME. AND THANK YOU FOR ADMITTING THAT IS IS AN

"AGENDA" AND NOT A WELL THOUGHT OUT, REASONED PLATFORM.

SINCERELY,

DANIEL A. DORRY, ESQ.

<---- End Included Message ---->

 
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