[ExI] pussy riot case

Stefano Vaj stefano.vaj at gmail.com
Thu Aug 23 22:56:17 UTC 2012


On 23 August 2012 15:30, spike <spike66 at att.net> wrote:

> >... On Behalf Of Ben Zaiboc
> >...I'm not talking about a legal option, though.  I'm talking about doing
> what you believe is the right thing, morally.  Of course he would have to
> expect to pay the price for breaking the letter of the law, as other people
> have noted.
>

I am a little lost in nested quoting, so I am not sure to whom I am
replying, but I submit that after a fashion respecting an oath might be a
moral obligation even if and when the law might allow you to infringe it
without legal consequences...

>...On the other hand, there's a reason that "I was only following orders"
> is not regarded as a legitimate defence in many legal systems, when someone
> is accused of committing an atrocity, for example.
>

As far as the military or para-military world is concerned, "obeying
orders" may well get you killed by the enemy either without much ceremony,
or possibly after a trial, the second possibility being simply more
choreographic.

OTOH, there *are* legal systems that allow, or even demand, that you
disobey "illegal" orders. So that you can be shot or tried also by your own
party not only for disobeying orders, but also for obeying them. :-)

>...I don't think you can unequivocally condemn someone who has sworn a
> legal oath to obey his superior, and is then ordered to commit, or
> facilitate, or cover up, an atrocity.  It's called being between a rock and
> a hard place.
>

"Atrocity" is however a relative concept, even more so when you are given a
gun for the explicit purpose of making use of it on living flesh, your
rules of engagement allow you to open fire first, and the XIX century
distinction between enemy forces and civilians is fading away...

As little as I may personally like, eg, US wars abroad, this can hardly be
denied.

-- 
Stefano Vaj
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