CapelDodger said:
The democracies we're blessed with now are the result of a long process, of which the Greek philosophy and experiments were an early part. Given our species, it was unlikely we'd have moved from hunter-gatherer bands to representative democracy under the law in one step. The US Constitution was another step on the road. Sadly, it seems the whole construct can be demolished by a bunch of ragheads and a sub-Hitlerian gangster.
I presume you mean the sub hitlerian is Saddam, and not Bush?
I also think that you are excessively pessimistic about the ever evolving process. We haven't, and never will, reach the final version of "The Law". If we ever thought so that would be the end, not the begining of anything.
However I am not trying to as philosophical about legalities on this issue. The issue being the general one of what to do with "islamists" in Guantanamo.
Simply, I don't think our criminal system can deal with them practically, nor do I think it should in a "philosophical" sense for the simple reason that they are not criminals in their mind, nor are they part of our social system.
Consider that, other than the mentally deranged, most criminals in our society (meaning the West in general) know of the law and whether or not they are breaking it.
Islamists make their own law, and according to them it is god's law. From their perspective anything we do to them is unjust regardless of circumstances (remember what I said about the powers that be?). If we give them Johnny Cochran for defense, it is still meaningless to them, because it is a judge and jury against god's will and the only thing they might hope for is that there are enough apologists on the jury to set them free (and we know Johnny is good at selecting juries).
Some of us can make ourselves feel good by applying the highest principles by the book, but we forget that the book hasn't yet been finished and will likely harm ourseves if we can see the limitations.
By all means, lobby for independent oversight, to prevent more of the abuses in Abu Graib, for example, but don't lose sight of the fact that these are perverted individuals by our standards; and before you yell "evidence", just ask them what they believe in; never mind what they were alleged to have been doing when cuffed.
My earlier hypothetical (ridiculously misunderstood by the usual shouters on the forum) suggesting that pedophilia would be universally condemned if claimed to be a religion yet these perverts who worship death in exchange for heaven are somehow accorded basic repect for their beliefs as if those beliefs have nothing to do with what they do, or are alleged to have done. Freedom fighters - bull.
We can lock up gang members or mafia hoodlums for just belonging to such criminal groups under our "civilized" laws, but we can't lock up worshippers of death?
I don't have all the answers, but our current laws weren't designed for this, so we need to adapt. For now Guantanamo seems a very logical solution to me, and I'll give Bush credit for that, but his other screwups lost my vote.