tag:blogger.com,1999:blog-6865007.post3522090426397833095..comments2023-11-05T00:59:10.828-07:00Comments on decorabilia: different state, different hate: variations in hate crime enhancementsJim Andersonhttp://www.blogger.com/profile/09928624189124041120noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-6865007.post-19549908034092787662008-02-25T20:25:00.000-08:002008-02-25T20:25:00.000-08:00There are many other options, some of which are de...There are many other options, some of which are detailed <A HREF="http://decorabilia.blogspot.com/2008/02/why-hate-crime-enhancements-are-just.html" REL="nofollow">here.</A>Jim Andersonhttps://www.blogger.com/profile/09928624189124041120noreply@blogger.comtag:blogger.com,1999:blog-6865007.post-75363702023878203042008-02-25T18:46:00.000-08:002008-02-25T18:46:00.000-08:00so wouldn't the only definition of justice you cou...so wouldn't the only definition of justice you could argue with (against an Aff's Distributive justice arguement) Hobbes?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6865007.post-1160628721302028672008-02-25T14:58:00.000-08:002008-02-25T14:58:00.000-08:00anonymous, it really depends on how you define jus...<B>anonymous</B>, it really depends on how you define justice, that's certain. If you hold to an absolutist definition, then you're stuck trying to deflect the argument, basically saying that the differences are inconsequential, and that the principle warranting the enhancement is what really matters. That said, states might differ in their undergirding principles, which might not be <I>ideal</I>, but it is the system we have in the United States. Essentially, you'd have to defend a Brandeis-esque view of state-to-state differences, arguing that they work out their own problems based on their individual needs. People who find the rules unjust can either lobby to change them (it's a democracy, after all) or leave (since another state will have more amenable rules).<BR/><BR/>However, does justice have to be universal in a resolution that specifies "in the United States"? We are, after all, talking about <I>criminal</I> justice, which tries to apply overarching concepts of desert and blame and utility into a punitive scheme that treats everyone equally. But how equal is equal, even within a Rawlsian framework? Can a Rawlsian also believe in "states rights?" I don't know. Those are tough questions.Jim Andersonhttps://www.blogger.com/profile/09928624189124041120noreply@blogger.comtag:blogger.com,1999:blog-6865007.post-54118256530694326072008-02-25T14:25:00.000-08:002008-02-25T14:25:00.000-08:00I'm a bit curious on how to defend an attack sayin...I'm a bit curious on how to defend an attack saying something along the lines of "HCE is not proportionate because state policies differ thus causes distributive injustice (or w/e)" <BR/><BR/>I can't come up with anything besides saying that justice is not universal but that is/could be contradictory and seems rather weak.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6865007.post-61046631962567158252008-02-25T13:51:00.000-08:002008-02-25T13:51:00.000-08:00le radical, from the defendant's own words, from a...<B>le radical</B>, from the defendant's own words, from actions (like spray-painting a swastika), from artifacts (like diaries or YouTube or Myspace posts), from witnesses (interesting and topical example <A HREF="http://chronicle.augusta.com/stories/081298/met_192-5316.001.shtml" REL="nofollow">here</A>), and, I'd imagine, from psychiatric evaluation from time to time.Jim Andersonhttps://www.blogger.com/profile/09928624189124041120noreply@blogger.comtag:blogger.com,1999:blog-6865007.post-48697944596474953212008-02-25T11:27:00.000-08:002008-02-25T11:27:00.000-08:00It's my personal belief that the blunt wordage of ...It's my personal belief that the blunt wordage of the resolution implies that we are dealing with hate crimes that are certain and debate is going to be centered around justice/morals.<BR/><BR/>It is completely pointless to debate motive for this resolution and at the point where someone did there are varieties of ways you can wave it off.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6865007.post-31545882256418862922008-02-25T11:11:00.000-08:002008-02-25T11:11:00.000-08:00How are most motives proven? Is it generally throu...How are most motives proven? Is it generally through psychiatric evaluation or through motive witnesses (yeah, AJ always hatin' on them, ya know?)? Or do prosecutors rely on creative argumentation?le radical galoisienhttps://www.blogger.com/profile/14684821442296479803noreply@blogger.com