Re: Canadian Indian Claims

1999-07-30 Thread Brad McCormick, Ed.D.

Robert Rosenstein wrote:
 
 If there is no such thing as obligations to past generations, then the
 idea of History is nullified. 

Perhaps there are one than one "idea of History".  Santayana's
warning that "Those who do not remember the past are
condemned to relive it" is in no way vitiated by giving
up the idea of *blood feud*.  

It seems to me that the only ontological status of
"past generations" is their present-day living
*memory* in us ("history", like "the universe, etc. is not
a material (is there a German word: "Stoffish"?) "reality", but
rather an existential modality of human
Being-in-the-world ("Dasein").  Funerals, for instance, clearly
are productions of, by and for the benefit of the survivors,
not the funerees(sp?) -- who either have passed
into another life or "into" no-longer-being-at-all.
An exception I can think of to this is the Roman
Catholic Church's notion of *indulgences*.

In no way am I condoning The Holocaust (or even
my own middle-class Anmerican 1940s-50s social
milieu of origin).  But it does not seem to me that
the *children* of Nazis (to pick one example)
should be punished for their parents' crimes, or
that the residents of southern Fairfield County, Connecticut, USA
should be dispossessed because of injustices which
were done by the U.S. Bureau of Indian Affairs
(etc.) to the Pequots.

 If an action such as a genocide has no
 force after a given number of years, then as long as one can get away
 with it for the requisite period, the action has no value except to let
 others know what can be gotten away with.  Consequently, except for a
 nuclear winter in which the slate is wiped clean, there is no justice.

This is, in my opinion, *factually* the case, whether we
like it or not.  As the old cliche goes: No one will ever
know the identities of the best money counterfeiters
(etc.).  Escape from justice by death happens all too
frequently (or, perhaps, not frequently enough -- since
society is saved a lot of expenses when criminals
die as part of their criminal acts, or shortly thereafter).

Nietzsche wrote (and I think he here if not always he has 
merit):

That man be delivered from the spirit of revenge is for me
A bridge to the highest hope, and a rainbow after ong storms.

Or, as Jesus said:

Leave the dead to bury the dead. (except in urban settings,
where corpses are a public health problem)

\brad mccormick

-- 
   Prove all things; hold fast that which is good. (1 Thes 5:21)

Brad McCormick, Ed.D. / [EMAIL PROTECTED]
914.238.0788 / 27 Poillon Rd, Chappaqua, NY 10514-3403 USA
---
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Re: Canadian Indian Claims

1999-07-30 Thread Victor Milne

If any value including justice is made an absolute with no limitations, we
end up with a mess of insoluble complications, and much of what is
ultimately solvable benefits the lawyers far more than the victims, as Ed
Weick notes.

Is there such a thing as collective guilt? Are all whites legally liable to
compensate all Indians for the undoubted injustices? Or do we sort it out on
the basis of family history? Ed makes a good case that his Central European
ancestors had nothing to do with exploiting the first nations. I suppose I
could do the same. My German great-grandfather was certainly not a very
successful exploiter; in the mid 1870's he was in the workhouse (Victorian
workfare) at Berlin [Kitchener], Ontario, and so poor that he literally sold
my three-year-old grandfather to a prosperous merchant who wanted to adopt
him.

Even if we go with collective guilt, we find messy situations that cannot be
sorted out.

Do we prosecute the descendants of Danes for the extirpation of independent
Anglo-Saxon kingdoms in the eighth century, which same Anglo-Saxon kingdoms
were founded by driving out the Celts?

Do the modern Italians have to make reparations for the damn near successful
Roman genocide against the Jews under Vespasian (68 A.D.)?

Do the modern Jews have to make reparations (and to whom?) for the multiple
genocides against Palestinian tribes in the Old Testament period? To cite
just one example of many, God is presented as ordering King Saul (ca. 1010
B.C.E.) to commit a genocide against the Amalekites: "This is what the Lord
Almighty says, '...Now go attack the Amalekites and totally destroy
everything that belongs to them. Do not spare them; put to death men and
women, children and infants, cattle and sheep, camels and donkeys." (1
Samuel 15:2-3) As is well known, the Old Testament records that God deposed
Saul because he failed to carry out this order to the letter. However, the
genocide was completed in the expansionist reign of King Hezekiah (720-692
B.C.E.) "They [families from the clan of Simeon] killed the remaining
Amalekites who had escaped, and they have lived there to this day."

All this is NOT meant to suggest that we can ignore Indian land claims or
the claims arising out of the World War II Holocaust. It is meant to suggest
that striving for absolute justice creates more problems than it solves. In
justice as in medicine we need to do a kind of triage, ignoring the cases
which are past help, dealing first with the most serious cases which can be
remediated (but probably not fully healed) and leaving to the end the minor
cases.

Victor

- Original Message -
From: Robert Rosenstein [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: July 29, 1999 10:13 PM
Subject: Re: Canadian Indian Claims


| If there is no such thing as obligations to past generations, then the
| idea of History is nullified. If an action such as a genocide has no
| force after a given number of years, then as long as one can get away
| with it for the requisite period, the action has no value except to let
| others know what can be gotten away with.  Consequently, except for a
| nuclear winter in which the slate is wiped clean, there is no justice.
|
| Robert
|
| ___
| Get the Internet just the way you want it.
| Free software, free e-mail, and free Internet access for a month!
| Try Juno Web: http://dl.www.juno.com/dynoget/tagj.
|



Re: Canadian Indian Claims

1999-07-30 Thread Ray E. Harrell

 I said:

  First, it is NOT the issue you are describing.  It is the abrogation of

  legal contracts that were ignored by
  looters and brigands who found their way into the
  government.  Many of those people's children today
  are living off of the fruits of that theft.


Brad replied: Opening up Pandora's box  (snip)

 The issues here seem to me complex, but simply
 punishing Nazis' children or people who bought
 houses on putative former Indian territory,
 thinking they had clear title,
 doesn't seem to me to be the answer.

Nor do I.  But the Germans evidently disagree since
they have paid reparations to survivors families.   They
obviously agree with Kant or maybe he was just clearly
within the best ideals of their culture.  But the best we
get from the Christians is an "Oops, it was bad and we're
sorry about that."   I believe the answer to be found in
Governments protecting their citizens by paying their
debts.   In the case of the Black Hills which is more
to the Lakota than Jerusalem is to the Jews, I think
there is only one answer and that is to become Hitler or
to get out and let them have their sacred lands.  They
are just as stubborn as the Spanish.  The Lakota
have the only Amnesty International recognized political
prisoner in American Prisons.   And the government is
turning him into a poet and a Mandela.   Self destructive.
They one the only war against the U.S. then the
government took the Lakota General Red Cloud to the
East Coast and showed him the masses of populations.
His response was like an American when China entered
the war in Korea.  "They are like the leaves on the Trees."
It broke him but not the Nation's spirit.  Poor they are but
not of spirit.   It will ultimately be the American people
who lose that one.  It always seems that the war is
hopeless.

Although when my Grandfather bought a
mountain top in Tennessee and started a Cherokee
community there, where the people  spoke
Cherokee and functioned like a small corporation,
there was a lot of resistance from the locals.

It was
illegal to practice our religion until 1978 when Congress
wrote the Freedom of Religion Act for Native Americans,
but my Grandfather had found a way around it by forming
and incorporating a church called the "Temple of the
Great Spirit."   From Tennessee he spread it out to the
seven surrounding states and made it possible for all
Indian people to use the structure as a legal protection
from the law. (What's in a name?)

But this is a much
longer story so let me just say that the family of a local
powerful Senator in Tennessee connected to the Railroad
"discovered" coal on that mountain and also discovered
an older title to the land that my Grandfather's legal
title search had not.  Of course they simply strip
mined everything and my Grandfather lost his
community, his home and his business.  He had
a store and restaurant along the local highway.
He was a Master Chef who had been one of the
chefs for the Shoreham Hotel in Washington.  He
lost that too to the lawyers in the fight.

So my point here Brad is that the system is not
challenged when a White Man loses his land to
such a thing.  They just say that the right to private
property and deeds is supreme.  And it is too bad
for the individual.  That was what they said also
about my Grandfather.  But when it is an Indian
claiming an older deed that is different.  You should
read the front page articles, I'm sure they are still
searchable on this year's NYTimes about the
mineral royalties owed to our people in Oklahoma.
They pay out five bucks a month for a working
oil well on Indian property because the oil companies
can lobby the government or they just drive their
trucks up to the spicket and steal it.  So your
complaints ring more than a little hollow to me.

 Brad said:
 If one wishes to enlist the aid of the
 children of the exploiters in helping bring
 about conditions of more *universal* justice,
 it seems to me that they [the children of the
 exploiters] need to see themselves as benefitting
 from the solution, *as well as* helping the
 victims.  And, again, I think the ultimately
 nihilistic notion of *blood feud* (and related
 consepts) is relevant here.

Blood feud is between individuals, families or clans
not governments.  This is an issue of sovereign
governments.   When in the government it is called
"rule of law."

 Brad said on jobs:
 It seems to me that the issue is how to
 minimize the cases of *anybody* losing a job to anybody
 else.  The only problem I see here is similar to
 that of two [wo]men lusting after one [wo]man:
 In thos cases where a job can only be done by one
 person, then some people will necessarily be
 disappointed (astronomers may face this problem
 in "getting time" on the best telescopes, e.g.).

Corporate jobs are notoriously over-staffed and inefficient.
I have had people working for corporations spend many
hours on projects that they sold to me, using the
corporation's own technology, and were still 

Re: Canadian Indian Claims

1999-07-30 Thread Ray E. Harrell

Victor, I think I answered all of this in my post to Brad.

I think that it is strange for economists to mix responsibility
for felonies up with financial responsibility for illegality in
the observance of valid contracts between large political
and corporate entitites.   Even an artist such as myself
can separate the two.If someone comes afterwards and
joins a company that has committed and benefitted from
an illegal act then the company still owes the debt and
if that late comer is a part of the company and is benefitting
from that relationship they also owe a part of that debt.

Why is that so hard to understand?   It feels a little
slippery when one flows so easily between corporate
and individual responsibilities.  It is the government's
responsibility to repay their citizens for any loss due to
their illegality at another time, not the people who were
victims of that illegality.   Valid contracts also have
nothing to do with old battles and wars won and lost
although the Irish have been fighting that one out for
400 years and as I told Brad, Columbus was able to
come to America because the Spanish resisted the
Moors and others for 700 years until they were finally
strong enough to reclaim their rights and land.

Victor, it just makes more sense to me for us to deal
with these issues in a way that doesn't create a 700
year wound that will eventually destroy what has been
built.  What makes you think that we have any shorter
memories than the Spanish?  Spain was a multi-cultural
society much like the U.S. before the Castillians kicked
out the Moors.  The Basques are still alive and fighting
the Spaniards over things that the Spanish did to them
that was as stupid as the Moor's and Jews mistakes
in Spain.   And today the Jews are fighting the same
issues in Israel that happened to them.  It just has to
stop someplace and ignoring the debts is not the way
you do it IMHO.

Ray.

Victor Milne wrote:

 If any value including justice is made an absolute with no limitations, we
 end up with a mess of insoluble complications, and much of what is
 ultimately solvable benefits the lawyers far more than the victims, as Ed
 Weick notes.

 Is there such a thing as collective guilt? Are all whites legally liable to
 compensate all Indians for the undoubted injustices? Or do we sort it out on
 the basis of family history? Ed makes a good case that his Central European
 ancestors had nothing to do with exploiting the first nations. I suppose I
 could do the same. My German great-grandfather was certainly not a very
 successful exploiter; in the mid 1870's he was in the workhouse (Victorian
 workfare) at Berlin [Kitchener], Ontario, and so poor that he literally sold
 my three-year-old grandfather to a prosperous merchant who wanted to adopt
 him.

 Even if we go with collective guilt, we find messy situations that cannot be
 sorted out.

 Do we prosecute the descendants of Danes for the extirpation of independent
 Anglo-Saxon kingdoms in the eighth century, which same Anglo-Saxon kingdoms
 were founded by driving out the Celts?

 Do the modern Italians have to make reparations for the damn near successful
 Roman genocide against the Jews under Vespasian (68 A.D.)?

 Do the modern Jews have to make reparations (and to whom?) for the multiple
 genocides against Palestinian tribes in the Old Testament period? To cite
 just one example of many, God is presented as ordering King Saul (ca. 1010
 B.C.E.) to commit a genocide against the Amalekites: "This is what the Lord
 Almighty says, '...Now go attack the Amalekites and totally destroy
 everything that belongs to them. Do not spare them; put to death men and
 women, children and infants, cattle and sheep, camels and donkeys." (1
 Samuel 15:2-3) As is well known, the Old Testament records that God deposed
 Saul because he failed to carry out this order to the letter. However, the
 genocide was completed in the expansionist reign of King Hezekiah (720-692
 B.C.E.) "They [families from the clan of Simeon] killed the remaining
 Amalekites who had escaped, and they have lived there to this day."

 All this is NOT meant to suggest that we can ignore Indian land claims or
 the claims arising out of the World War II Holocaust. It is meant to suggest
 that striving for absolute justice creates more problems than it solves. In
 justice as in medicine we need to do a kind of triage, ignoring the cases
 which are past help, dealing first with the most serious cases which can be
 remediated (but probably not fully healed) and leaving to the end the minor
 cases.

 Victor

 - Original Message -
 From: Robert Rosenstein [EMAIL PROTECTED]
 To: [EMAIL PROTECTED]
 Sent: July 29, 1999 10:13 PM
 Subject: Re: Canadian Indian Claims

 | If there is no such thing as obligations to past generations, then the
 | idea of History is nullified. If an action such as a genocide has no
 | force after a given number of years, then as long as one can get away
 | with 

Re: Canadian Indian Claims

1999-07-30 Thread Thomas Lunde

Thomas:

This is great stuff Ed and I thank you for taking the time to share it, I'm
learning.

Respectfully,

Thomas Lunde
--


--
From: "Ed Weick" [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: Re: Canadian Indian Claims
Date: Fri, Jul 30, 1999, 3:54 PM


 Brad:

Another popular idea I find dubious is
providing reparations to the living for the
harms done to the dead.  Should a [black, indian,
etc.] M.D., lawyer, university professor,
etc. be paid reparations for the harm
done to his or her ancestors, who, being
dead, are presumably beyond the ability of
earthly things to affect them any more?



 In the case of the settlement of aboriginal claims in Canada, it is not a
 case of reparations to the living for what was done to the dead.  It is a
 matter of recognizing longstanding rights which aboriginal people have held
 since time immemorial and which are now entrenched in the Canadian
 Constitution.  The dead held these rights, unique to aboriginal people, and
 passed them on to the living.  The living are now able to enter into a
 negotiating process in which the rights can be defined and distinguished
 from more general rights held by the Canadian population as a whole.  In
 this process, certain things to which the special rights apply, such as land
 and resources, may be relinquished or become part of the public domain, and
 it is for this that monetary compensation is paid.

 Canadian treaties and claims settlements, which have acknowledged aboriginal
 rights, have a rather mixed origin. The earliest treaties in which England
 was the main colonial power, those in the Maritimes, did not deal with
 rights but were essentially treaties of peace and friendship. In colonial
 French Quebec, the process was similar. Initially, the French saw Canada as
 fully occupied, and apart from establishing centers for trade with the
 inhabitants, did not expect to settle extensively themselves.  In both
 regions, Indian people were viewed as self-governing nations, and there was
 no question of having them relinquish their rights to land and self-
 government.  However, both regions were in fact settled.  While rights were
 not extinguished, aboriginal people were pushed to the margins of society.
 Subsequently, reserves in Quebec and the Maritimes were created in a variety
 of ways, including lands set aside by the Catholic Church or lands
 purchased by the Government of Canada.

 For much of the rest of Canada, more clearly defined constitutional and
 legal bases for settling aboriginal claims exist. Following the conquest of
 Quebec, what is known as the Royal Proclamation of 1763 was issued by King
 George III to establish a boundary between the colonies (including Canada)
 and Indian lands.  The latter generally lay west of Quebec (excluding
 Rupert's Land) and the Appalachian Mountains (in what soon after became the
 United States). Whites who had settled in Indian lands were asked to leave
 (whether they did so or not is another question). On their lands, as defined
 in the Royal Proclamation, Indians should not be "molested or disturbed".
 Purchase of the lands could only be made by the Crown. If Indians wanted to
 sell their lands, they could only do so if via an assembly for the purpose.
 Only specially licenced whites could carry on trade with the Indians.
 Rupert's Land was excluded from the Royal Proclamation because it was
 already under Royal Charter held by the Hudson's Bay Company.

 The Royal Proclamation was reinforced in western and northern Canadian lands
 by negotiation by the 1870 Order in Council by which the Northwest
 Territories (originally the North-Western Territory, which then included the
 prairies) and Rupert's Land were admitted into Confederation. It again
 recognized aboriginal title and provided that such title could not be
 extinguished except by negotiation with the Crown. However, the precise
 legal meaning of this OIC, and what requirements and limitations it imposes
 on government in settling aboriginal claims, is a matter of some ambiguity.

 More recently, Section 35 of the Canadian Constitution Act (1982) recognizes
 two sources of Native rights.  One is treaty rights, which consist of land
 ownership, harvesting, and limited environmental and wildlife management
 rights. It should be noted that Metis and non-status Indians are included as
 native people in the Constitution Act along with Indians and Inuit.

 While recognition of aboriginal rights has a long history in Canada, it is
 only recently that government dealings with these rights has been a process
 which might be termed "reasonable" or "fair and equitable". Initial rounds
 of treaty making in Ontario in the 1820s were essentially land grabs.
 Reserves granted to Indians at the time were small because they were viewed
 as being places of transition into assimilation. The "numbered treaties"
 which were signed with Indian people in western Canad

Re: Canadian Indian Claims

1999-07-29 Thread Ed Weick

Ray,

I'm not really sure of where this is taking us. Much as we would like to,
we can't resuscitate history. The bacilli and viruses moved overwhelmingly
in one direction and not the other. What was destroyed can never be
recovered. While those viruses were doing their thing over here, my
ancestors were enmeshed in the famines, pestilence, migrations, persecutions
and wars of central Europe. They may have had a greater chance  of survival
than American Indians, but not that much greater. They and many other poor
people of European did not arrive in the Americas until well after the
damage had been done. They were peasants trying to eke out a living, and
knew nothing about Beethoven, Plato or Goethe. They had never been to a
museum, let alone put the artifacts of other cultures into one. All they
knew was that they needed land to till. Initially, they had found it in
Russia, but that didn't work very well, so they came here. They didn't know
that the land they tilled on the Canadian prairies had belonged to others.
All they knew was that that is where the government, the lands agents and
the railroads put them.

In citing Canadian Indian claims policy, I did not mean to imply that it is
the best policy or even good policy. I just wanted to let you know how,
under our Constitution and system of laws, we have proceeded to compensate
aboriginal people for some of their grievances. And I do recognize that only
a few of these can be dealt with by negotiation, legislation or the courts,
and that there may be no satisfactory way of dealing with many others.

Something that has bothered me is that, though our debate has been very
interesting, it is difficult to see how it is related to the future of work
which, after all, is supposed to be the subject of this list. However, there
is a hook. Over the past twenty or thirty years, the Canadian aboriginal
claims process has created a wealth of work for lawyers, negotiators and
advisors. I personally benefitted from this at various times for several
years, as did many of my associates. In the case of the Yukon claim, with
which I am familiar, negotiations proved something of an economic godsend to
the native communities. Not only were lawyers and negotiators paid, but a
great many Indian people who traveled to Whitehorse to present the views of
their community were also compensated. As well, the Council for Yukon
Indians employed a range of administrative, secretarial and clerical staff.

But this is only the beginning. The claims final agreement created a wide
range of boards and tribunal dealing with subjects such as eligibility and
enrolment, financial compensation, reserves and lands set aside, tenure and
management of settlement lands, access to settlement lands, expropriation,
surface rights, settlement land amount, definition of boundaries, financial
compensation, special management areas, land use planning, development
assessment, heritage, water management, fish and wildlife management, forest
resources, taxation, and economic development measures. The implementation
of all such measures requires either occasional or full time personnel. And
coupled with these measures are initiatives which transfer administrative
responsibilities and funding from the Government of Canada to the Indian
communities to enable them to govern themselves.

A claims settlement provides a whole new layer of administration and will
inevitably complicate the management regime. Given that public institutions
of government will continue to exist, it may take years to fully define the
roles of the new claims related boards and tribunals, and it may take almost
as long for persons who have been placed on these boards and tribunals to
understand their roles. In the interim, considerable uncertainty about who
does what will exist, not only impacting on potential economic activity, but
creating plenty of work for lawyers.

I am not knocking the aboriginal claims or self-government processes. They
are absolutely necessary in a nation like Canada in which aboriginal title
or rights were never clearly or wholly dealt with. What I am saying,
however, is that these processes are extremely complex and cumbersome even
though they cover only a relatively small part of the spectrum of aboriginal
grievances. It will take decades to deal with the relatively few issues that
are being considered.  Loading anything more onto them could lead to
complete stasis.

Ed Weick

Did I get it right? I tried hard to make the echo as accurate as possible.
This is my experience, not reading. We say that reading can serve only to
help one remember what they already know. What did it feel like to be in
the reverse? Were you happy, sad, angry, threatened? I have been all of
these.  Is this policy really the end result of Bach's B minor mass,
Verdi's Turandot, the Britton/Owen War Requiem, the plays of Shakespeare,
the poetry of Robert Burns and Dylan Thomas, of Goethe? Is this the end
result of Judeo/Christian/Moslem

Re: Canadian Indian Claims

1999-07-29 Thread Brad McCormick, Ed.D.

Permit me to insert, in medias res, a concern I have:

Ed Weick wrote:
 
 Too bad they can't assess liability for lost families,
 intellectual capital, land use ideas etc.  It seems to
 me that you are using the rules of a divorce without
 separating.
 
 Better you start with the ideas of justice
 and the rule of law as defined by both groups.  The
 truth is that one group has the power,
 
[snip]

How to provide reparations to persons whose
lives have been adversely impacted by
the exploiters, *without* in turn doing
injustice to the persons (such as most of
ourselves) who are associated with the 
exploiting classes but have not themselves 
done significant exploiting?

This is, of course, an old problem (reverse
discrimination due to "affirmative action", etc.).
But let me put it pointedly: What motivation 
should a person have to help others when there is
nothing in it for the person him or herself?  For,
if *that kind of life* is good for some, then
(applying Kant's universalizing logic) it should
be good for all, and, therefore, we should
help the exploited -- not to have reparations, but
to have more deprivation.

Another popular idea I find dubious is
providing reparations to the living for the
harms done to the dead.  Should a [black, indian,
etc.] M.D., lawyer, university professor,
etc. be paid reparations for the harm
done to his or her ancestors, who, being
dead, are presumably beyond the ability of
earthly things to affect them any more?

Etc.

These probably are not "popular" thoughts and
questions.

Of course there are many *exploiters* living
among us, who should be brought to justice,
and many exploited among us who are in need
of reparation.  But it seems to me that the
objective should be to achieve a "win-win"
situation for as many as possible (again,
taking into account the need for justice
in the cases of those who have used power
not for trusteeship but for exploitation).

If it is a tragedy for a person to be
confined to a wheelchair, it is also
a tragedy for a person to have two good legs and
not be socially enabled to use them.  If it
is good for the crippled to be enabled to
walk, it is also good for the able-bodied to
walk, too.

It is popular to rank sufferings, and to
dismiss the problems of the relatively well off.

But no less a figure than Elie Wiesel
said (and I heartily concur):

"Don't compare! Don't compare! All suffering is
intolerable."
  -- Elie Wiesel (quoted in TIME, 19Sep94, p.94)

\brad mccormick
 
-- 
   Prove all things; hold fast that which is good. (1 Thes 5:21)

Brad McCormick, Ed.D. / [EMAIL PROTECTED]
914.238.0788 / 27 Poillon Rd, Chappaqua, NY 10514-3403 USA
---
![%THINK;[XML]] Visit my website: http://www.cloud9.net/~bradmcc/



Re: Canadian Indian Claims

1999-07-29 Thread Robert Rosenstein

If there is no such thing as obligations to past generations, then the
idea of History is nullified. If an action such as a genocide has no
force after a given number of years, then as long as one can get away
with it for the requisite period, the action has no value except to let
others know what can be gotten away with.  Consequently, except for a
nuclear winter in which the slate is wiped clean, there is no justice.

Robert

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Re: Canadian Indian Claims

1999-07-29 Thread Ray E. Harrell



Brad McCormick, Ed.D. wrote:

 Permit me to insert, in medias res, a concern I have:

 Ed Weick wrote:

  REH not Ed wrote this
  Too bad they can't assess liability for lost families,
  intellectual capital, land use ideas etc.  It seems to
  me that you are using the rules of a divorce without
  separating.
  
  Better you start with the ideas of justice
  and the rule of law as defined by both groups.  The
  truth is that one group has the power,
  ED was snipped
 [snip]

 How to provide reparations to persons whose
 lives have been adversely impacted by
 the exploiters, *without* in turn doing
 injustice to the persons (such as most of
 ourselves) who are associated with the
 exploiting classes but have not themselves
 done significant exploiting?

First, it is not the issue you are describing.  It isthe abrogation of
legal contracts that were ignored by
looters and brigands who found their way into the
government.  Many of those people's children today
are living off of the fruits of that theft.   I don't know
of any private institution that could not demand
recompense, the same as the Jews and the Swiss
banks, with compensation for lost earnings and
wasted lives.It seems to me that you are not
believing in your own system.  If not then what?

 This is, of course, an old problem (reverse
 discrimination due to "affirmative action", etc.).

I have had no problem giving jobs up to people whowere qualified and
connected.  Whether that connection
was family, or friends.  Work depends upon belief,
loyalty and integrity.

As I said I have no trouble
losing a job to a person who is qualified, and
connected.  That includes minorities and women
who are now connected.

Over the years I have seen plenty of
incompetent majority folks getting jobs for no
reason other than their connections.  I've even trained
a few when they found themselves overwhelmed at
what their BS had accomplished.  I do find them
lazy and prone to commit the cardinal sin in the
performing arts, they are not dependable.  Programs
are cast sometimes four years away, with millions
lost if not delivered.  I would hire a martian that
was both dependable and could do the work.  I
see no reason to hire an incompetent simply because
they belong to the majority.  But then the Arts like
the sports world are a no BS tough assed profession.

 But let me put it pointedly: What motivation
 should a person have to help others when there is
 nothing in it for the person him or herself?  For,
 if *that kind of life* is good for some, then
 (applying Kant's universalizing logic) it should
 be good for all, and, therefore, we should
 help the exploited -- not to have reparations, but
 to have more deprivation.

Could you be more clear here.  I am reading twocontradictory messages.
I do remember a quote
from Kant that said something like "You can never
give a gift until you have paid your bills first, anything
else is theft."   Of course there is the issue of Usury
as well which relates to the lack of integrity within
the spiritual systems of the majority which makes
them dis-loyal and undependable.  "Who cares who their
mother is if they can't shoot the basketball."  Or maybe
they should come do some of that high metal work with
the Mohawks.  We'll see how good they really are 54
stories up with no safety rope.   And then there is Y2K.
I ran my computer ahead and if it is any indication we
have been given a blow by the over-complexed that will
cost lots of money and give lots of jobs to those who
are not paying.

 Another popular idea I find dubious is
 providing reparations to the living for the
 harms done to the dead.  Should a [black, indian,
 etc.] M.D., lawyer, university professor,
 etc. be paid reparations for the harm
 done to his or her ancestors, who, being
 dead, are presumably beyond the ability of
 earthly things to affect them any more?

Legal contracts don't stop at death unless theysay so.  The contracts
with Indian people in the
U.S. said as long as the water flows and the
grass grows.   And you and I are both legally
responsible for those contracts whether we were
born or not.  But the spiritual issue of the country's
identity as a good force in the world or at least in
our citizen's eyes is more important to me.  Other
wise I have to teach my children their country is
a sleazebag.

Brad, is there not a civil contract to have a
society that works?Making such a talented
minority as the Blacks, in spite of the racist
rhetoric from the bully class, mad as hell and
holding them back seems guaranteed to put
them in the same place as the Italians, the Irish,
the Jews who resorted to organized crime.
The Blacks are too many to be held down for
long and it is to the advantage of our European
brothers who have been patronizers for the last
100 years  to help out the Black class.  Class
warfare just doesn't work in the U.S., there is
that sticky constitution that is pretty rickety as
it is.  I can see the French and others delighting
in 

Re: Canadian Indian Claims

1999-07-28 Thread Ray E. Harrell

Too bad they can't assess liability for lost families,
intellectual capital, land use ideas etc.  It seems to
me that you are using the rules of a divorce without
separating.

Better you start with the ideas of justice
and the rule of law as defined by both groups.  The
truth is that one group has the power, just as with
the Kurds or the Bahais in Iran, and the other group
doesn't even exist except as a continuing image and
a tumor in the empathy of those who continue to
benefit from the injustice.   The problem with such
tumors is that they either make the person inhumane
or they eat at the identity until something terrible
happens that releases the toxin.  Something
like a Holocaust, a Nuclear war or a plague to
give the dominant population the same experience.
Often such unconscious functions are masked by
contemporary economic, religious or political myths
and the prove tenacious and impossible to stop even
when the conscious story is removed.  The
unconscious is rarely probed for a whole culture.

I've always felt that the story of Noah was an example
of a culture doing that.  Noah of course was furious
for some deep unknown reason.  A reason so deep
that he had to spend some time back in the water
contemplating the meaning of his unconscious
connections with his spirituality.  At one point Jesus
said that someone would have to go back inside
his mother's belly (the water) before he could change
those motivations.   But after the catharsis, plague,
war or whatever things change.

After that they go on, just as the Romans did with
the Etruscans.  The Christians have a history of
absorbing groups like this and maintaining certain
images.  That is not unlike the Iroquois who rescued
a nation that they had defeated and nearly destroyed.
The took in the survivors and incorporated their
ceremonials into their own tradition.   That kept
them from feeling bad I guess.  It worked for the
Church with the Mithrians and the Italians with the
Etruscans.   The Pope's hat is Mithric and the
bull fight is the old ceremony to kill the bull which
they then hung above the door to let everyone
walk under while they received the power in the
blood from the slain bull.   The Spanish and the
French have kept the fight but I think the French
no longer kill the bull.

Regards,

REH

Ed Weick wrote:

  In a posting yesterday, I made the point that in Canada "we've
 tried to deal with it via an Aboriginal claims process which is
 intended to define and make explicit the Aboriginal rights
 entrenched in our Constitution as these apply to particular
 groups.  This is not a fully satisfactory process since it
 applies mainly to Aboriginal people who did not come under treaty
 during the Nineteenth and early Twentieth Centuries and whose
 rights have not therefore been defined.  These people are
 considered to have 'outstanding claims'."  This is known as the
 "comprehensive claims process". I should have mentioned that
 there is a parallel process for Indian people who have treaties
 but can make the case that certain provisions of their treaties
 have not been honored or have been violated.  This is the
 "specific claims process",  One specific claims case with which I
 have some familiarity deals with lands in Saskatchewan.  The
 Indian Bands of Saskatchewan signed treaties in the 1870s well
 before Saskatchewan became a province in 1905.  Lands and
 resources were not transferred from the federal government to the
 Government of Saskatchewan until the 1930s.  They were
 transferred on condition that the Province fulfill all
 outstanding land-related treaty obligations.  The Province did
 not do so.  The result is a recent, and I would surmise, still
 continuing step-by-step, band-by-band, process of determining how
 much additional land the Indian people are entitled to and how
 much monetary compensation this might require in lieu of land. Ed
 Weick