On Sun, 27 Jan 2002, Gautam Mukunda wrote:
>
> Me:
> First - you're confusing legality and morality.  The rebellion was a "just
> war" because of the ends for which it was fought.

And because we won and proved that those ends could be met (in part) with
a new and untried system of government.  I'm pointing out that morals,
especially in war, are highly conditional and dependent upon the course of
events.  I'm also pointing out the truism that "the victor gets to write
the history books" -- and the historians get to use history to justify the
moral theories.

Suppose for a moment that we had lost the war, remained part of the British
empire, and later peacefully achieved an independence that resembles
Australia's, say.  We would very likely look back and think, "Well, our
ends were good, and we now know the value of democratic-republican
government, but attempting an actual rebellion was shown to be a gross
overreaction to circumstances; more of a landholders' grab for power than
a true citizen's revolt, and ultimately unjustified."

Whether it was legal or
> not is largely irrelevant in considering its moral position.  Second - read
> the Declaration of Independence.  One of the chief complaints of the authors
> was the use of mercenaries in this conflict, which they thought profoundly
> immoral.  You might look at the speeches of a fair number of British
> Parliamentarians, too, for example (including Edmund Burke, I believe), as
> they harshly criticized the King for using mercenaries to fight the
> rebellion, something that was considered highly dubious by most European
> powers.

Dubious because immoral or dubious because unwise, perhaps because the
king was as much German as British (IIRC), and because British
parlimentarians didn't like the part-German king using German (or
Prussion, or Hessian, or whatever) troops?  I'll be surprised to learn
that the British government thought the colonies were doing the right
thing at the time.

> More broadly, I don't understand why you feel (in the case of the
> handling of the prisoners in Guantanamo) that the requirements of morality
> exceed those of the law, while in this situation the law and morality are
> apparently synonymous to you.  Pick one.

Did I make that argument about Guantanamo?  I thought I argued that
America was basically doing an acceptable thing under the circumstance,
bending perhaps but not breaking the spirit of our understanding of human
rights for "war" prisoners.  I don't think I follow you.

W/respect to Israel vs. Palestine, I'm arguing that the west tends to
alter its moral stance according to circumstances in a way that strikes me
as extremely disingenuous.  We help create a highly unstable situation,
knowing full well that we can't expect things to work out neatly and
peacefully according to Western notions of the rules of war, and then act
all shocked and surprised if Israel uses what the think to be too much
force in one case, or if the Palestinians, never having subscribed to
Western social norms or concepts of warlike propriety, suddenly start
ignoring the rules of war.  "Oh my goodness!  They're not following the
law that we declare for our own convenience and hadhazardly apply to
ourselves and our allies!  How dare they!"

In short, the Western stance towards the Middle East is largely grounded
in stupidity, hypocrisy, and good intentions gone awry.   Arguing about
who deserves blame for what in the middle of a multifaceted clusterf*ck
like this gets really silly, really fast, and only servers the narrowest
of viewpoints, it seems to me.

Marvin Long
Austin, Texas

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