Tony said:
So, "I was following orders" is only an bogus defense if it is in the context of victor's justice?
It's not really a defense under any circumstances. If a US soldier is on trial under US law, then whether or not the soldier was following orders is somewhat irrelevant: if the order was legal, then they had a course of action to carry out those orders which was also legal. If the order was illegal, then of course following it would also be illegal, and that provides no defense. Have you not been paying attention?
In the context of victor's justice, it becomes entirely hypothetical, since we cannot know beforehand what laws such a victor might have, and various potential victors might even have contradictory laws. So we cannot use that as a basis for making judgments. As I said, it's an intractable problem. You sure as hell haven't presented a framework for dealing with it.
Sorry, but that's how it works. If your convictions aren't important enough to face jail time for, then you have no business violating orders because of them. That's the test, that's how it works, that's how the system keeps going. And I really don't think you've thought through what it would mean to have the system work any other way, because most of the people in the military probably DON'T share a lot of your values.
No it isn't. It is funamentally amoral. They could be given the order to rape children, and if it's legal and if they happen to refuse, they still get prosecuted. AND YOU'RE OK WITH THAT. So much for "casting off tyranny".
I'm OK with the system of punishing those who disobey lawful orders. If we ever reach a point where such acts become lawful, then we've got MUCH BIGGER PROBLEMS. The fact that such a thing might be lawful is the issue then, NOT the fact that those who disobey orders get thrown in jail. Duh. But if we ever become so morally depraved as to make such things lawful, then whatever system YOU imagine putting in place to keep things on an even keel is almost certainly not going to hold up either. So it's really a fake problem to begin with. But it sounds nasty, so I'm sure you've worked yourself into a positive tizzy thinking about all the horrible things my position will undoubtedly lead to.
You're no better than people who support Saddam.
You mean people like you?
Please. Grow up. That kind of petty accusation (I don't honestly believe you support Saddam) is really unworthy of this board. Your accusations don't gain weight just because they are more severe.
If he refuses to go, and if he is persecuted for it, he is then a political refugee and if he goes to jail, he is a political prisoner. You hate what this country stands for.
No, he's not a political prisoner, he's an insubordinate soldier.
Get this through your thick head: we have a volunteer military. If you are not prepared to take orders that you may disagree with, then don't sign up. If you signed up, but were unprepared to accept the obligations of service, then you will face consequences. That's the way it works. And it works both ways, too: Republican soldiers didn't get to opt out of following Clinton's orders either. That's the way you should WANT it to work, if you had any sense about you.
Take, for example, the issue of gays in the military. I'm in favor of letting them serve. If the order ever comes down from the top to change the pentagon's policy to allow this (and I suspect it will eventually happen), I expect EVERY soldier to comply. I will not accept as an excuse for harassment of or discrimination against gays in the military that soldiers are morally or politically opposed to homosexuality. They are legally obliged to follow orders, and they had damned well better do so or face the consequences. Can you honestly not see the importance of this?
This is twice you've channeled Frank Burns today.
Much as I love M.A.S.H., your inability to extend your thinking beyond Hawkeye's witticisms says a lot more about you than about me.