Is Slavery Wrong?

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Didymos Thomas
 
Reply Thu 24 Sep, 2009 11:17 am
@Krumple,
Krumple;93343 wrote:
Buddy? Funny... The 16th came after the civil war, it was not originally enacted by the framers. Just because congress passes something, doesn't mean it is "right" or "just" or "required." This is part of the corruption that government heads towards over time. That is my point.


It doesn't matter when an Amendment is enacted - much less whether or not the Amednment is right, or justified, or required. What does matter is whether or not the Amendment is passed. When an Amendment is passed, it overrules all previous Constitutional content. That's how law works.

Again, you can talk all day about your beliefs, that's fine, but when you say the government has no right to levy income tax you are, from a legal perspective, incorrect. So I get that point, and to some degree I agree, but saying the government has no right to levy a tax based on the Constitution when the Constitution, per Amendments, says otherwise makes the initial claim incorrect.

Krumple;93343 wrote:
I am not even sure what you are saying here. Are you implying you are an authority over history? That you can not be challenged because of your knowledge of history? You have lost some of my respect for you, making such a remark.


I'm saying that your history lesson is nothing new, and nowhere near enlightening.

No, I'm no authority, but I am pretty well familiar with US history. It takes a bit of an ego to lecture people on US history when they have clearly provided evidence that proves your initial claim incorrect - especially when your lesson does not even begin to contradict said person's (my) correction of your claim.

As for your respect for me - I can't say I care too much.

Krumple;93343 wrote:
Yes and once again, just because congress does something, doesn't necessarily make it "right" or "just". Most citizens just accept everything congress does but that doesn't mean they are not violating or abusing their power.


And all of this is beside the point. You said that the government does not have the right to do something, based on Constitutional arguments, even though the reverse is true.

Again, have whatever beliefs you like, I'm actually sympathetic. It just so happens that the law disagrees with our shared idealism.

Krumple;93343 wrote:
Laughable. Because you spent a year living next to a law student that makes me wrong. Thanks for informing me.


As if that was all I said. Want to try again?

Krumple;93343 wrote:
My point is, it didn't have to say blacks have this or women have that. It clearly was in violation to begin with to make the assumption that women or blacks were not qualified. The reason being is because whites assumed their status. It was only later that the addition comes in because it is to redefine who has what status. It was unnecessary and all that needed to be acknowledge was that they already had such status to begin with.


I agree - blacks, women, ect should have had these rights. But in reality they did not - according to the law. To claim otherwise is historical revisionism.
 
Krumple
 
Reply Thu 24 Sep, 2009 11:30 am
@Zetherin,
Zetherin;93345 wrote:
The argument wasn't over whether the law is "right" or "just" but whether was there a law at all.

You stated:



So, the point is you're wrong.


Am I?

"The California income tax system is based on the Federal income tax. As you can see by reading your tax booklet, you must pay the state according to what you paid to the IRS. Yet, there is no IRS agent who can point to the law in the Internal Revenue Code (IRC) and say, "There, that makes you and me liable for an income tax." I've been practicing law in California for more than 25 years. I've read a lot of California law and the Revenue and Taxation Code. I've not found the one that makes a person liable for an income tax. I defy anyone, including Dan Lungren, State Attorney General, to come forward with the code section that makes any ordinary citizen liable for a state or federal income tax."

source: There Is No Law That Makes You Liable For An Income Tax

---------- Post added 09-24-2009 at 10:49 AM ----------

Didymos Thomas;93346 wrote:
It doesn't matter when an Amendment is enacted - much less whether or not the Amednment is right, or justified, or required. What does matter is whether or not the Amendment is passed. When an Amendment is passed, it overrules all previous Constitutional content. That's how law works.


In this case, anything that is added is a law. So no matter what gets added it's constitutional? No, that is not the point of the constitution. This is what some framers were afraid of and why they objected to the bill of rights. That some later acts would be deemed unconstitutional when in fact they were implied by the constitution as being constitutional.

Didymos Thomas;93346 wrote:

Again, you can talk all day about your beliefs, that's fine, but when you say the government has no right to levy income tax you are, from a legal perspective, incorrect. So I get that point, and to some degree I agree, but saying the government has no right to levy a tax based on the Constitution when the Constitution, per Amendments, says otherwise makes the initial claim incorrect.


No the government does not have the right to impose any law it wants. This is the common misunderstanding of the intention of the constitution and why there is government corruption. People allow congress to do as it wants unopposed.

Didymos Thomas;93346 wrote:

And all of this is beside the point. You said that the government does not have the right to do something, based on Constitutional arguments, even though the reverse is true.


Yeah because you have been taught that congress should have the right and ability to enact anything it wants or sees fit to. I object to that belief.

Didymos Thomas;93346 wrote:

Again, have whatever beliefs you like, I'm actually sympathetic. It just so happens that the law disagrees with our shared idealism.


Yeah I bet this statement is what some people heard when they were fighting for their civil rights.

"You are black, and you want the same rights as whites? Well, the laws disagree with your idealism."

"You are a woman, and you want the same rights as men? Well the laws disagree with your idealism."

"You are homosexual, and want the same rights as heterosexuals to marry? Well the laws disagree with your idealism."

So if you want to call it my idealism that is fine. But just because there is a law it doesn't make it "right" or "just."
 
Zetherin
 
Reply Thu 24 Sep, 2009 11:53 am
@prothero,
Krumple wrote:

Am I?

"The California income tax system is based on the Federal income tax. As you can see by reading your tax booklet, you must pay the state according to what you paid to the IRS. Yet, there is no IRS agent who can point to the law in the Internal Revenue Code (IRC) and say, "There, that makes you and me liable for an income tax." I've been practicing law in California for more than 25 years. I've read a lot of California law and the Revenue and Taxation Code. I've not found the one that makes a person liable for an income tax. I defy anyone, including Dan Lungren, State Attorney General, to come forward with the code section that makes any ordinary citizen liable for a state or federal income tax."

source: There Is No Law That Makes You Liable For An Income Tax


So the 16th amendment doesn't count as law?

Quote:
Yeah because you have been taught that congress should have the right and ability to enact anything it wants or sees fit to. I object to that belief.


He has said no such thing. He's just pointing out that ideals and laws are distinct.
 
Krumple
 
Reply Thu 24 Sep, 2009 12:02 pm
@Zetherin,
Zetherin;93359 wrote:
He has said no such thing. He's just pointing out that ideals and laws are distinct.


I know he didn't say it, I am saying, congress being allowed to enact any law it sees fit is a commonly taught misconception.

As far as, "ideals and laws are distinct", what does that even mean?
 
Zetherin
 
Reply Thu 24 Sep, 2009 12:12 pm
@prothero,
Krumple wrote:

As far as, "ideals and laws are distinct", what does that even mean?


It means that regardless what your views on a law are (you may find it "unfair", "unjust", whatever), it's still a law. To say a law isn't a law simply because you don't agree with it, doesn't make any sense. In this case, however, we could say your ideals don't 'align' with laws with which you must abide. However you want to say it, ideals are seperate from law.

You said there is no law that forces one to pay income taxes. The 16th amendment, which as far as I can tell is law, explicately states that the government may exercise the right to collect taxes. Thus, you're wrong.
 
NoOne phil
 
Reply Thu 24 Sep, 2009 12:14 pm
@Icon,
Icon;93293 wrote:
Perhaps it might do you some good to take something more than an introductory look at philosophy before spouting such terms in this forum. The people here are far more eductaed than you give them credit for.

As this is an internet forum, we are using the adaptive colloquialisms common to the english language. If you want to break this down into a war of symantics then I will have to point out that you are also incorrect in your description of the words in use. A description implies application while a definition implies comprehension. Since we are not speaking greek here, your point on Plato is moot. Not all things translate precisely and so this is a baseless argument. Now, if you would like to be a productive member here, I would suggest getting a better grasp of the content which you throw into peoples faces.

Language is a tool used to express ideas. Being able to use big words is like being able to use a screwdriver. Just because you know how to use them does not mean that you are accomplishing anything useful. If you have no ideas to express, you're simply turning a stripped screw in circles until your hands get tired... Also known as verbal masturbation.

We now return to our regularly scheduled thread WITHOUT useless distractions.


You are right, of course. I simply had no idea that philosophy was about being colon adaptive. However, I do know that it has been known for a long time that there are words that can be defined and words that cannot, and for physical reasons. One promotes a convention of names of those that can be defined through definition, and those that cannot by description. I also know that most people, like yourself, really do not know the difference--and why that difference is determined biologically. One of us has take the time to learn, while the other is still . . . If you care to learn why, you might ask like a civil human being, or go about in your colon adaptive way.

You can search the internet and find that modern man still does not know the foundation of common grammar. You can find at least a dozen current "theories" however, I can, with the right mode of discourse, demonstrate that Plato, not Aristotle, new the answer and used it as a foundation for his dialogs. It is based on a two element metaphyics being explored by some early Greeks, but failed to come down to us in history. j.c.
 
Zetherin
 
Reply Thu 24 Sep, 2009 12:32 pm
@prothero,
NoOne wrote:

One promotes a convention of names of those that can be defined through definition, and those that cannot by description


I told you the reference that provided the description of "slavery" I used. You decided to combat it, even though you knew and understood the description, in order to make the point that some words cannot be defined.

While you arrogantly showcase your superior understanding of grammar, you seem not to care much about good communication. If you did, you would have first explained your terminology, which deviates from the colloquial use of the aforementioned words, and then eludicated your position. Instead, you chose to criticize others for not having your extensive knowledge and never made an effort to reach common ground.

If you're wondering why some thoughts fail to be carried down through history, reading your posts may provide an answer.
 
Krumple
 
Reply Thu 24 Sep, 2009 12:42 pm
@Zetherin,
Zetherin;93362 wrote:
It means that regardless what your views on a law are (you may find it "unfair", "unjust", whatever), it's still a law. To say a law isn't a law simply because you don't agree with it, doesn't make any sense. In this case, however, we could say your ideals don't 'align' with laws with which you must abide. However you want to say it, ideals are seperate from law.

You said there is no law that forces one to pay income taxes. The 16th amendment, which as far as I can tell is law, explicately states that the government may exercise the right to collect taxes. Thus, you're wrong.


Although the Sixteenth Amendment is often cited as the "source" of the Congressional power to tax incomes, at least one court has reiterated the point made in Brushaber and other cases that the Sixteenth Amendment itself did not grant the Congress the power to tax incomes (a power the Congress has had since 1789), but only removed the requirement, if any, that any income tax be apportioned among the states according to their respective populations. In the Penn Mutual Indemnity case, the United States Tax Court stated:

In dealing with the scope of the taxing power the question has sometimes been framed in terms of whether something can be taxed as income under the Sixteenth Amendment. This is an inaccurate formulation and has led to much loose thinking on the subject. The source of the taxing power is not the Sixteenth Amendment; it is Article I, Section 8, of the Constitution.


In that same Penn Mutual Indemnity case, on appeal, the United States Court of Appeals for the Third Circuit agreed, stating:

It did not take a constitutional amendment to entitle the United States to impose an income tax. Pollock v. Farmers' Loan & Trust Co., 157 U. S. 429, 158 U. S. 601 (1895), only held that a tax on the income derived from real or personal property was so close to a tax on that property that it could not be imposed without apportionment. The Sixteenth Amendment removed that barrier. Indeed, the requirement for apportionment is pretty strictly limited to taxes on real and personal property and capitation taxes.


It could well be argued that the tax involved here (an income tax) is an "excise tax" based upon the receipt of money by the taxpayer. It certainly is not a tax on property and it certainly is not a capitation tax; therefore, it need not be apportioned.
 
Zetherin
 
Reply Thu 24 Sep, 2009 12:53 pm
@prothero,
Krumple wrote:

The source of the taxing power is not the Sixteenth Amendment; it is Article I, Section 8, of the Constitution.

I see. I guess I've misinterpreted, "The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises.", which is part of the 16th amendment.

Even if you're right, anything in the constitution is law.

Quote:

It could well be argued that the tax involved here (an income tax) is an "excise tax" based upon the receipt of money by the taxpayer.


Even if it's an excise tax, the government still has the power to collect it by law.
 
manored
 
Reply Thu 24 Sep, 2009 01:46 pm
@CarolA,
CarolA;93134 wrote:
I always find it very unsettling when I am reading Roman and Greek writers to think that their whole society was based on slavery. No matter how badly we get treated at work in any modern Western society we still have rights. Slaves had no rights - they could be killed, sexually abused, whipped or whatever. Probably the only protection they had was if they were highly skilled they were too valuable to waste. Kind of like owning a car - it was yours to do with as you pleased, but you might not want to ruin something you paid for.
I find it difficult to understand the mindset of people who could write reams about democracy, ethics and right behaviour then go and beat their slave.
I dont think the difference between being extremely poor nowadays and being a slave in the ancient times is very great. After all we all know you only really get your rights if you have the knowledge, and oftenly, also the money to defend yourself, and sometimes even that may not be enough. As an example, the north of my country (Brazil) is underpopulated and quite poor. These two elements make the law there very weak, to such a point where rich owners of many lands can just use mercenaries to coerce people into selling (read: giving) then their lands, and oftenly also slave then through this manner.

Their mindset was simply that slaves were not people. If they are not people, then you talk about human freedom, you arent incluiding then. This was pretty much hardwired in their minds as moral, and, as such, people saw that as moral and fair.

I think their biggest justification for slaverly as something along the lines of "conquered people were conquered because they are inferior, and, thus, the superior people have the right to slave then because that will be the best for both".

prothero;93232 wrote:
thirteen page article, I have not had time to read it yet but
I would say that compassion is the first perception that leads to ethical impluse or moral behavior. After identifying with the sufferer on an emotional level one would use reason, science and the other faculties in an effort to relieve the suffering. If one does not feel the empathy or compassion, then one will not make the effort.

I think empathy and compassion are innate impulses or perceptions in most people (sociopaths excepted). They are not the result of rational analysis and certainly not the result of scientific investigation. One can be trained or socialized to ignore or disregard the empathetic impulse.
I agree

Didymos Thomas;93265 wrote:
There's no need for all of these qualifications - 'keeping humans in bondage' is enough to deserve moral disapproval.
What about criminals? =)

I think criminals should be forced to work in prision, or, at least, not feed if they dont, at least the enough to pay their own staying.

Didymos Thomas;93268 wrote:
but the bottom line is that the only real, true, and pure freedom to be had is that in your own mind.
I agree, I find extreme pleasure in mentally doing whatever I want then sleeping =)

Sometimes I fell that no matter how dire the situation, as long as I can have a moment of rest so long that I could never reach its end winhout sleeping, I will survive.

Aedes;93317 wrote:
I just don't get libertarian types who complain so much about the taxes, yet go on living here. Is it hypocrisy?
While I mostly agree, I think its true that governments oftenly contradict thenselves, that is, rule unlike they promise to rule. For example, the american government is based on as much freedom as possible and boasts that a lot, as far as I know, so it shouldnt do something such as force people to have health care plans. "As much freedom as possible" includes dying then you want, im my understanding =)

NoOne;93363 wrote:
You are right, of course. I simply had no idea that philosophy was about being colon adaptive. However, I do know that it has been known for a long time that there are words that can be defined and words that cannot, and for physical reasons. One promotes a convention of names of those that can be defined through definition, and those that cannot by description. I also know that most people, like yourself, really do not know the difference--and why that difference is determined biologically. One of us has take the time to learn, while the other is still . . . If you care to learn why, you might ask like a civil human being, or go about in your colon adaptive way.

You can search the internet and find that modern man still does not know the foundation of common grammar. You can find at least a dozen current "theories" however, I can, with the right mode of discourse, demonstrate that Plato, not Aristotle, new the answer and used it as a foundation for his dialogs. It is based on a two element metaphyics being explored by some early Greeks, but failed to come down to us in history. j.c.
Ultimate knowledge is useless in an internet forum if you cant communicate it to anyone. Speak sense =)

If we question the meaning of ever element of language, we will discover that ultimately language is imperfect and there is always a flaw, that is, a way in wich you can caim that the interpretation of sentence at hand is dubious. For example, If I say "The sky is blue", we understand that the sky is blue, but one could question what sky the statement refers to, among many other things.
 
Zetherin
 
Reply Thu 24 Sep, 2009 02:11 pm
@prothero,
manored wrote:

I think criminals should be forced to work in prision, or, at least, not feed if they dont, at least the enough to pay their own staying.


I feel that's different than the traditional use of the word "slavery" which involves possession, the perception that a person is a commodity. I know one could argue this is slavery, in some sense, but it's definitely not the slavery Lincoln was referencing, for example.

Personally, I agree with you. If they're going to be locked up for that much time, might as well have them work, do something productive.
 
GoshisDead
 
Reply Thu 24 Sep, 2009 02:15 pm
@Zetherin,
Slavery seems to me the position of being in a situation without hope. One can be a slave in the traditional sense one can also be a slave to an addiction, or an obligation. If in your mind there is no hope to avoid the onerous, degrading, or demeaning you have become a slave as all viable/percievable options to avoid it have been removed.
 
Fido
 
Reply Thu 24 Sep, 2009 03:02 pm
@Zetherin,
Zetherin;93345 wrote:
The argument wasn't over whether the law is "right" or "just" but whether was there a law at all.

You stated:



So, the point is you're wrong.

I think you hit law on the head...The question of justice never comes up in consideration of the law... justices do not decide justice, but law...The presumption is that law is just, and it is false... As Abalard said: Jus is the Genus and lex a species of it... Sort of tells you that if the law is not just, it is not law...

States tax wealth in order to defend wealth, or as we might say; the commonwealth, as republics are... When the South fought the North, it did not have the unquestioning loyalty of all the people... And; they never found the courage or the means to tax themselves... They still resist taxation...It is possible that they might break away so they can lay upon their enemies and drive them away, or into slavery... If they cannot tax themselves for the good government is supposed to do everywhere, they will not get the good, and suffer everywhere their anarchy as much as the bellicose South once did...

---------- Post added 09-24-2009 at 05:03 PM ----------

GoshisDead;93390 wrote:
Slavery seems to me the position of being in a situation without hope. One can be a slave in the traditional sense one can also be a slave to an addiction, or an obligation. If in your mind there is no hope to avoid the onerous, degrading, or demeaning you have become a slave as all viable/percievable options to avoid it have been removed.

With life hope...
 
Zetherin
 
Reply Thu 24 Sep, 2009 04:58 pm
@prothero,
Fido wrote:
The presumption is that law is just, and it is false


Well, "just" and "unjust" are out of the realm of legality insofar as laws functioning, as well, laws. Peoples' evaluations of said laws (usually ethical, such as "just" or "unjust") come after the fact by most of us citizens. That said, many laws have been made with ethical ideals in mind, but this does not mean they may not be found by others as unjust or unreasonable. Still, the law is the law, and the judgment comes after.

I only point this out because it seems as though some here think that their evaluation of a law makes it invalid.
 
Krumple
 
Reply Thu 24 Sep, 2009 05:01 pm
@Fido,
Fido;93403 wrote:
I think you hit law on the head...The question of justice never comes up in consideration of the law... justices do not decide justice, but law...The presumption is that law is just, and it is false... As Abalard said: Jus is the Genus and lex a species of it... Sort of tells you that if the law is not just, it is not law...


Exactly. Well said.

I blame the poor condition of our education system for misinformation and injecting political propaganda into the system.
 
odenskrigare
 
Reply Thu 24 Sep, 2009 05:46 pm
@prothero,
Come on America! We can't let Somalia leave us in the dust. They've already achieved Libertopia and we're stuck with Obammunism?!?

My greatest concern now is that Big Gummt has a monopoly on privatization

Privatization needs to be privatized

Vote with your dollars

The freer the market, the freer the people

It's your money, not the gummt's money

A = A

(I just read Atlas Shrugged!)

---------- Post added 09-24-2009 at 07:50 PM ----------

btw, guys: private courts
 
Fido
 
Reply Thu 24 Sep, 2009 06:12 pm
@Zetherin,
Zetherin;93414 wrote:
Well, "just" and "unjust" are out of the realm of legality insofar as laws functioning, as well, laws. Peoples' evaluations of said laws (usually ethical, such as "just" or "unjust") come after the fact by most of us citizens. That said, many laws have been made with ethical ideals in mind, but this does not mean they may not be found by others as unjust or unreasonable. Still, the law is the law, and the judgment comes after.

I only point this out because it seems as though some here think that their evaluation of a law makes it invalid.


People should never have to ask if their laws are just, and when they reach that point it is because their laws have long been unjust, and supporting injustice...Law is a certain form, and as with all forms, good must come out of it; or its days are numbered..If the people cannot change failed forms the failed forms will kill them... Civilizations fall with their failed forms... Slavery sucked the life out of Greece, and Rome, out of Russia, and the South...The form does not lift up people, and demand the best of each for a common good...It degrades humanity to an animal existence...
 
Aedes
 
Reply Thu 24 Sep, 2009 07:08 pm
@Krumple,
Krumple;93360 wrote:
I know he didn't say it, I am saying, congress being allowed to enact any law it sees fit is a commonly taught misconception.
Congress IS allowed to do so. The checks and balances on legislative prerogative are 1) presidential veto or 2) Supreme Court review.

Can the Court throw out a constitutional amendment, by the way? I don't know the answer to this one...

Be that as it may, if you're SOOOOOO in the right, then why on earth has the court let such a practice stand? Oh yeah, activist judges, right?

---------- Post added 09-24-2009 at 09:12 PM ----------

Krumple;93368 wrote:
It could well be argued that the tax involved here (an income tax) is an "excise tax" based upon the receipt of money by the taxpayer. It certainly is not a tax on property and it certainly is not a capitation tax; therefore, it need not be apportioned.
Nice exigesis. Yet on the other hand I'm sure you read the 2nd amendment as saying "American nonmilitary ownership of semi-automatic handguns will not be infringed" rather than providing for an armed militia.
 
Krumple
 
Reply Thu 24 Sep, 2009 09:16 pm
@Aedes,
Aedes;93433 wrote:
Congress IS allowed to do so. The checks and balances on legislative prerogative are 1) presidential veto or 2) Supreme Court review.

Can the Court throw out a constitutional amendment, by the way? I don't know the answer to this one...

Be that as it may, if you're SOOOOOO in the right, then why on earth has the court let such a practice stand? Oh yeah, activist judges, right?


Are you familiar with the 18th amendment? Why was it repealed?

Aedes;93433 wrote:

Nice exigesis. Yet on the other hand I'm sure you read the 2nd amendment as saying "American nonmilitary ownership of semi-automatic handguns will not be infringed" rather than providing for an armed militia.


Yeah and the first amendment says congress shall make no law...

abridging the freedom of speech


It has.

or the right of the people peaceably to assemble

It has.
 
prothero
 
Reply Thu 24 Sep, 2009 11:05 pm
@prothero,
Listen guys, you are not slaves just because you have to obey laws and pay taxes. You can quit your job, you can emmigrate to another country (try finding one without laws or taxes). Slaves were chained, whipped, tracked with dogs if they tried to escape, bought and sold on the open market and had no choice about their form of labor, their lodgings or any other important aspect of their lives.
Is the type of slavery Lincoln referred to morally wrong?
If one does not believe in the divine what is your basis for transcendent value?
On what basis does one declare slavery wrong?
Almost everyone thinks it is wrong in the modern age but why?
De Facto slavery does still exist in the world.
 
 

 
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