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Why Not Draft?

 
 
McTag
 
  1  
Reply Thu 23 Nov, 2006 03:37 am
Maybe somebody's mentioned this, I'm too idle to check, but the last three or four days on the Doonesbury cartoon have been good.
0 Replies
 
Thomas
 
  1  
Reply Thu 23 Nov, 2006 03:37 am
hamburger wrote:
so what do we about the jury system ?
since jury duty is required of all citizens (i know there are some exceptions) , should it be abolished as a "kind of slavery" (using thomas' term) ?
we could go to a system of "volunteer jurors" ; you'd sign up if you enjoy that kind of work or simply stay away from it .
presumably "volunteer jurors" also might receive a regular paycheque for their work - it would no longer be called a duty , of course .
would that be good for our justice system and the citizens served by it ?
hbg

I like the idea, and support it on the same principle as the volunteer army. I don't see why jurors shouldn't be volunteers, and why the community shouldn't pay jurors a sum that makes enough of them volunteer. That said, I place a fairly low priority on abolishing juror conscription as a practical matter. After all, jurors don't have to kill or die, and they are forced to serve for days or maybe weeks, but not years.

Walter Hinteler wrote:
Sorry to have to say that, but it seems that experiences are very ... narrow.

Do you know that it tooks up to two years - at courts - until you geot accepted as conscientious objector?

I believe think there's a generational difference here. When they drafted me and I faced the decision whether to conscientously object, the test of your conscience was whether you were willing to serve a couple of months more. (In my time, 18 months instead of 15 -- the times have since become shorter.) So Bohne is probably right: For some draftees, civil service probably is easier than military service.
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McTag
 
  1  
Reply Thu 23 Nov, 2006 03:42 am
McTag wrote:
Maybe somebody's mentioned this, I'm too idle to check, but the last three or four days on the Doonesbury cartoon have been good.


http://www.arcamax.com/doonesbury/s-135185-237139

et seq
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snood
 
  1  
Reply Thu 23 Nov, 2006 06:08 am
Those are funny, McT.
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Walter Hinteler
 
  1  
Reply Thu 23 Nov, 2006 06:37 am
Thomas wrote:
I believe think there's a generational difference here. When they drafted me and I faced the decision whether to conscientously object, the test of your conscience was whether you were willing to serve a couple of months more. (In my time, 18 months instead of 15 -- the times have since become shorter.) So Bohne is probably right: For some draftees, civil service probably is easier than military service.


Certainly - and I've followed that, by own experience and how others do it.

However, Bohne argued exactly the other way around:

Bohne wrote:
But lots of them join the army, 'because they have to', because 'it's better than doing social work instead' (which would be my reason), or because 'it's the easiest way to go'.
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Thomas
 
  1  
Reply Thu 23 Nov, 2006 07:15 am
Walter Hinteler wrote:
However, Bohne argued exactly the other way around:

Bohne wrote:
But lots of them join the army, 'because they have to', because 'it's better than doing social work instead' (which would be my reason), or because 'it's the easiest way to go'.

I think she's right, and I don't see the contradiction. For lots of people, civil service is the easy way to go. For lots of them, the army is. Personalities vary a lot in these matters -- and so does do the specific units you end up serving in.
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Advocate
 
  1  
Reply Thu 23 Nov, 2006 09:07 am
At the outset, military (or alternate) service and jury duty are not comparable.

In normal times, there could be a draft with the possibility of serving the country in a nonmilitary status. For instance, the draftee could work as a corrections officer at a federal prison.
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Thomas
 
  1  
Reply Thu 23 Nov, 2006 09:44 am
Advocate wrote:
At the outset, military (or alternate) service and jury duty are not comparable.

I agree they're not comparable as a practical matter. Obciously I'd much rather be in a courtroom following a trial than in Afghanistan following a Taliban. But as a matter of principle, they're both forced labor. The same principle that makes military conscription morally equivalent to slavery also makes jury duty so. I don't see why the two wouldn't be comparable as a matter of principle.
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Walter Hinteler
 
  1  
Reply Thu 23 Nov, 2006 09:49 am
Thomas wrote:
I don't see why the two wouldn't be comparable as a matter of principle.


One point certainly would be the age limits.

The other one is that jury members certainly have more persons to be excluded by law than conscripts could/would have.
0 Replies
 
Phoenix32890
 
  1  
Reply Thu 23 Nov, 2006 09:52 am
Oh Thomas, you always get me in a "gotcha". You are right, about jury duty and conscription. Philosophically, they are one and the same. I think though that practicality needs to be the overriding concept.

At first I liked your idea of paying jurors a reasonable fee for serving voluntarily on a jury, but when I thought about it, I realized that there are pitfalls. I can just see all the panhandlers and various and sundry other lowlives signing up to be jurors, just to make a few easy bucks. There's gotta be another way!
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edgarblythe
 
  1  
Reply Thu 23 Nov, 2006 09:55 am
I'm perfectly happy with the way jury duty is served up already, with one exception. Too many that are called ignore the summons. It can be inconvenient, but it's one duty I think we owe our fellow citizens.
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Walter Hinteler
 
  1  
Reply Thu 23 Nov, 2006 10:04 am
Phoenix32890 wrote:
You are right, about jury duty and conscription. Philosophically, they are one and the same.


Than there's a difference between the USA and e.g. Europe.

As far as I remember my courses in law philosophy and law history, here there is a difference.
0 Replies
 
Thomas
 
  1  
Reply Thu 23 Nov, 2006 10:10 am
Walter Hinteler wrote:
Thomas wrote:
I don't see why the two wouldn't be comparable as a matter of principle.


One point certainly would be the age limits.

The other one is that jury members certainly have more persons to be excluded by law than conscripts could/would have.

This may well be. But how does that make a principal difference, rather than a practical one?

Phoenix32890 wrote:
Oh Thomas, you always get me in a "gotcha". You are right, about jury duty and conscription. Philosophically, they are one and the same. I think though that practicality needs to be the overriding concept.

To this, Snood may well respond that a voluntary army isn't practical when the government starts more wars than the people want to fight. Where do you draw the line?

Phoenix 32890 wrote:
At first I liked your idea of paying jurors a reasonable fee for serving voluntarily on a jury, but when I thought about it, I realized that there are pitfalls. I can just see all the panhandlers and various and sundry other lowlives signing up to be jurors, just to make a few easy bucks. There's gotta be another way!

Sure -- for example, you might want to pay enough so that seriously interested people apply. Then you find some way to screen out the panhandlers. It's still not perfect -- who screens the screeners? -- but I still think it would be better than conscription. Alternatively, communities might try marketing to people's sense of honor. The Better Business Bureau has found a way to resolve business disputes with unpaid volunteers, I don't see why the government cannot find some way to do the same.
0 Replies
 
Walter Hinteler
 
  1  
Reply Thu 23 Nov, 2006 10:14 am
Thomas wrote:
But how does that make a principal difference, rather than a practical one?


The principal difference certainly is the historical, legal and philosophical background.
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Phoenix32890
 
  1  
Reply Thu 23 Nov, 2006 10:16 am
Thomas wrote:
To this, Snood may well respond that a voluntary army isn't practical when the government starts more wars than the people want to fight. Where do you draw the line?


I think that I did not state myself clearly enough. I was referring to "practicality", in terms of juries. I don't ever think that there should be a draft, except in the most wildly extraordinary circumstances. If the government knew that armies were only to consist of people who wanted to be in the military, they would think twice about the start and conduct of a war.
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snood
 
  1  
Reply Thu 23 Nov, 2006 10:22 am
I know its simplistic, but I think I look at the draft issue somewhat in terms of the shared responsibility of a family.

If a brother or sister is in a fistfight and needs help, its the responsibility of the others to aid them. Other issues - like whether the impetus for the fight was just, or whether or not the individuals asked to help have willingness to do it - are extraneous. The family is in a fight, and it should involve all of the family or none of it.
0 Replies
 
Walter Hinteler
 
  1  
Reply Thu 23 Nov, 2006 10:26 am
That's what they asked us (back in the 60' and 70's) when you wanted to became a conscientious objector: don't you defend your family when they are attacked?

And that's the reason, why I couldn't become one.
0 Replies
 
edgarblythe
 
  1  
Reply Thu 23 Nov, 2006 10:29 am
When my brothers are sent off to fight a senseless war, I don't see it as my duty to fight with them, but to try and influence the leaders to get them out of harm's way, save their lives. I consider it an act of patriotism to fight the ones who would get my brothers killed with no better reasoning than that.
0 Replies
 
Phoenix32890
 
  1  
Reply Thu 23 Nov, 2006 10:30 am
Snood-I dunno- I have this "thing" about the concept of a "tribal mentality". I think that what we are seeing in the middle east (Sunnis, Shiites, Kurds, all at each others' throats, just to illustrate a small part of the conflict in the area) is a glaring example of this idea in action.

I have never been one to think in terms of "my family, right or wrong". If you screw up, you screw up, even if you are my brother. If my brother gets into a fight, and I disagree with him, I let him take his lunps. It is only if I agree that he is right, that I would come to his aid.
0 Replies
 
snood
 
  1  
Reply Thu 23 Nov, 2006 10:39 am
edgarblythe wrote:
When my brothers are sent off to fight a senseless war, I don't see it as my duty to fight with them, but to try and influence the leaders to get them out of harm's way, save their lives. I consider it an act of patriotism to fight the ones who would get my brothers killed with no better reasoning than that.



I'm referring to after the fight is already joined, and the diplomacy hasn't worked.
0 Replies
 
 

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