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	<title>Comments on: A Russian and Chinese approach to justice?</title>
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	<link>http://www.samizdata.net/2011/11/is-the-norwegia/</link>
	<description>A blog for people with a critically rational individualist perspective</description>
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		<title>By: Paul Marks</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227347</link>
		<dc:creator>Paul Marks</dc:creator>
		<pubDate>Mon, 05 Dec 2011 12:54:50 +0000</pubDate>
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		<description><![CDATA[By the way ......

The Oslo mass murderer can call himself a &quot;conservative&quot; because some people (very unwisely) have accepted such people as William James and David Hume as &quot;conservative&quot; philosophers.]]></description>
		<content:encoded><![CDATA[<p>By the way &#8230;&#8230;</p>
<p>The Oslo mass murderer can call himself a &#8220;conservative&#8221; because some people (very unwisely) have accepted such people as William James and David Hume as &#8220;conservative&#8221; philosophers.</p>
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		<title>By: Paul Marks</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227346</link>
		<dc:creator>Paul Marks</dc:creator>
		<pubDate>Mon, 05 Dec 2011 12:52:57 +0000</pubDate>
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		<description><![CDATA[According to William James (the American &quot;Pragmatist&quot; who was the favourate philosopher of the mass murderer) there is no such thing as objective truth or objective right and wrong.

&quot;The right is just the expedient in our way of thinking&quot;.

If there is no objective truth then if the Oslo mass murderer believes he was engaged in &quot;war&quot; (not in shooting unarmed civilians) that is up to him - there is no objective yardstick to judge the matter by.

And if there is no objective right and wrong - then the judgement of the Oslo mass murderer (that his actions were good) can not be questioned from any objective standpoint.

Nor is it just William James and the Pramatists.

David Hume (supposedly one the great philsophers of all time) said the following.

&quot;Reason is, and ought to be, the slave of the passions&quot;.

The Oslo mass murderer had a passion to murder a large number of people - so he used his reason to work out the best way to do so.

According to David Hume (who, I repeat, is considered one of the great philosphers of all time) there can be no question of real choice here - as reason is the &quot;slave&quot; of the passions.

And this is as it should be - as reason &quot;OUGHT&quot; to be the slave of the passions. In short even if did have a choice (which, according the David Hume, he did not) the Oslo mass murderer should have acted exactly as he did.

Because reason is (supposedly) the &quot;slave of the passions&quot; and it aslo &quot;ought to be&quot; the slave of the passions.

Ought from an is - I thought Hume did not approve of that (well perhaps he just did not approve of other people doing it).

Anyway are we to say that William James and David Hume are &quot;insane&quot;?

]]></description>
		<content:encoded><![CDATA[<p>According to William James (the American &#8220;Pragmatist&#8221; who was the favourate philosopher of the mass murderer) there is no such thing as objective truth or objective right and wrong.</p>
<p>&#8220;The right is just the expedient in our way of thinking&#8221;.</p>
<p>If there is no objective truth then if the Oslo mass murderer believes he was engaged in &#8220;war&#8221; (not in shooting unarmed civilians) that is up to him &#8211; there is no objective yardstick to judge the matter by.</p>
<p>And if there is no objective right and wrong &#8211; then the judgement of the Oslo mass murderer (that his actions were good) can not be questioned from any objective standpoint.</p>
<p>Nor is it just William James and the Pramatists.</p>
<p>David Hume (supposedly one the great philsophers of all time) said the following.</p>
<p>&#8220;Reason is, and ought to be, the slave of the passions&#8221;.</p>
<p>The Oslo mass murderer had a passion to murder a large number of people &#8211; so he used his reason to work out the best way to do so.</p>
<p>According to David Hume (who, I repeat, is considered one of the great philosphers of all time) there can be no question of real choice here &#8211; as reason is the &#8220;slave&#8221; of the passions.</p>
<p>And this is as it should be &#8211; as reason &#8220;OUGHT&#8221; to be the slave of the passions. In short even if did have a choice (which, according the David Hume, he did not) the Oslo mass murderer should have acted exactly as he did.</p>
<p>Because reason is (supposedly) the &#8220;slave of the passions&#8221; and it aslo &#8220;ought to be&#8221; the slave of the passions.</p>
<p>Ought from an is &#8211; I thought Hume did not approve of that (well perhaps he just did not approve of other people doing it).</p>
<p>Anyway are we to say that William James and David Hume are &#8220;insane&#8221;?</p>
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		<title>By: Pechorin</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227345</link>
		<dc:creator>Pechorin</dc:creator>
		<pubDate>Fri, 02 Dec 2011 15:46:50 +0000</pubDate>
		<guid isPermaLink="false">http://192.168.200.139/?p=14499#comment-227345</guid>
		<description><![CDATA[Norway has a history of its government declaring people psychologically unfit when it determines other existing laws are not up to the task -- see the history of Nobel recipient Knut Hamsun, declared mentally impaired after he sympathized with National Socialist Germany.  Also a good film exists about him.  ]]></description>
		<content:encoded><![CDATA[<p>Norway has a history of its government declaring people psychologically unfit when it determines other existing laws are not up to the task &#8212; see the history of Nobel recipient Knut Hamsun, declared mentally impaired after he sympathized with National Socialist Germany.  Also a good film exists about him.  </p>
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		<title>By: Subotai Bahadur</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227344</link>
		<dc:creator>Subotai Bahadur</dc:creator>
		<pubDate>Fri, 02 Dec 2011 02:49:04 +0000</pubDate>
		<guid isPermaLink="false">http://192.168.200.139/?p=14499#comment-227344</guid>
		<description><![CDATA[While I agree with the idiocy of a judicial system that cannot even pretend to protect its people from the actions of criminals; there is another aspect of this that I think is as much on the minds of the &quot;Guardians of all that is right, pure, and Socialist&quot; as the imperative to protect their collective &lt;em&gt;tuchi&lt;/em&gt; from the public reaction if he should ever be released.

Consider that if he is charged with the crimes committed, he will have to be tried.  Even if there are provisions for &lt;em&gt;in camera&lt;/em&gt; trials and the sequestration of all the proceedings in Norway; there is no way to guarantee that any pleas and justifications that Breivik would offer would not eventually become public knowledge.  

As Mr. de Havilland notes: &lt;blockquote&gt;He sees himself as a soldier fighting in a war... and whilst he is correct there is a culture war going on and he is even correct as to much of its character, it is not the kind of war that his kind of mass murder really fits into because it is a figurative war, not a literal war... but then that is how I see it. The ways he sees it is mistaken but it is hardly insane.&lt;/blockquote&gt;

The possibility that the culture war and its character may resonate with any significant portion of the populace if the trial proceedings get out has got to terrify the Norwegian equivalent of the &lt;em&gt;Nomenklatura&lt;/em&gt;.  From their point of view, subverting the rule of law to protect themselves is a feature and not a bug.

Oh, and Dave  .... I was under the impression that Washington state west of, say, Cle Elum &lt;em&gt;was&lt;/em&gt; politically a People&#039;s Republic.  So civil commitment fits  [smile] .

Subotai Bahadur]]></description>
		<content:encoded><![CDATA[<p>While I agree with the idiocy of a judicial system that cannot even pretend to protect its people from the actions of criminals; there is another aspect of this that I think is as much on the minds of the &#8220;Guardians of all that is right, pure, and Socialist&#8221; as the imperative to protect their collective <em>tuchi</em> from the public reaction if he should ever be released.</p>
<p>Consider that if he is charged with the crimes committed, he will have to be tried.  Even if there are provisions for <em>in camera</em> trials and the sequestration of all the proceedings in Norway; there is no way to guarantee that any pleas and justifications that Breivik would offer would not eventually become public knowledge.  </p>
<p>As Mr. de Havilland notes:<br />
<blockquote>He sees himself as a soldier fighting in a war&#8230; and whilst he is correct there is a culture war going on and he is even correct as to much of its character, it is not the kind of war that his kind of mass murder really fits into because it is a figurative war, not a literal war&#8230; but then that is how I see it. The ways he sees it is mistaken but it is hardly insane.</p></blockquote>
<p>The possibility that the culture war and its character may resonate with any significant portion of the populace if the trial proceedings get out has got to terrify the Norwegian equivalent of the <em>Nomenklatura</em>.  From their point of view, subverting the rule of law to protect themselves is a feature and not a bug.</p>
<p>Oh, and Dave  &#8230;. I was under the impression that Washington state west of, say, Cle Elum <em>was</em> politically a People&#8217;s Republic.  So civil commitment fits  [smile] .</p>
<p>Subotai Bahadur</p>
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		<title>By: Sean</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227343</link>
		<dc:creator>Sean</dc:creator>
		<pubDate>Fri, 02 Dec 2011 00:10:13 +0000</pubDate>
		<guid isPermaLink="false">http://192.168.200.139/?p=14499#comment-227343</guid>
		<description><![CDATA[The only thing &#039;insane&#039; here is a &#039;justice&#039; system that can&#039;t hang him for the cold-blodded murder of 77 innocent people.  A primary function of government is to protect us from predation.  And in this, the current western political elite have let us all down.  No suprise really - they have screwed up pretty much everything they have touched with their idiotic, infantile, idealized, ivory tower worldview.]]></description>
		<content:encoded><![CDATA[<p>The only thing &#8216;insane&#8217; here is a &#8216;justice&#8217; system that can&#8217;t hang him for the cold-blodded murder of 77 innocent people.  A primary function of government is to protect us from predation.  And in this, the current western political elite have let us all down.  No suprise really &#8211; they have screwed up pretty much everything they have touched with their idiotic, infantile, idealized, ivory tower worldview.</p>
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		<title>By: Alisa</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227342</link>
		<dc:creator>Alisa</dc:creator>
		<pubDate>Thu, 01 Dec 2011 20:24:48 +0000</pubDate>
		<guid isPermaLink="false">http://192.168.200.139/?p=14499#comment-227342</guid>
		<description><![CDATA[What Mid said.]]></description>
		<content:encoded><![CDATA[<p>What Mid said.</p>
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		<title>By: Half Canadian</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227341</link>
		<dc:creator>Half Canadian</dc:creator>
		<pubDate>Thu, 01 Dec 2011 18:55:13 +0000</pubDate>
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		<description><![CDATA[I don&#039;t like the equation that evil = insane.  Some people just want to watch the world burn.  It may be irrational to us, it may be unconscionable, but that isn&#039;t enough to make them insane.
It&#039;s enough to make them evil.  And they should be treated as such.]]></description>
		<content:encoded><![CDATA[<p>I don&#8217;t like the equation that evil = insane.  Some people just want to watch the world burn.  It may be irrational to us, it may be unconscionable, but that isn&#8217;t enough to make them insane.<br />
It&#8217;s enough to make them evil.  And they should be treated as such.</p>
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		<title>By: Brian Micklethwait</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227340</link>
		<dc:creator>Brian Micklethwait</dc:creator>
		<pubDate>Thu, 01 Dec 2011 17:58:47 +0000</pubDate>
		<guid isPermaLink="false">http://192.168.200.139/?p=14499#comment-227340</guid>
		<description><![CDATA[I like &lt;a href=&quot;http://chasemeladies.blogspot.com/2011/11/psychiatric-report-has-ruled-that.html&quot; rel=&quot;nofollow&quot;&gt;this guy&lt;/a&gt;&#039;s take on this.]]></description>
		<content:encoded><![CDATA[<p>I like <a href="http://chasemeladies.blogspot.com/2011/11/psychiatric-report-has-ruled-that.html" rel="nofollow">this guy</a>&#8216;s take on this.</p>
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		<title>By: Holdfast</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227339</link>
		<dc:creator>Holdfast</dc:creator>
		<pubDate>Thu, 01 Dec 2011 17:58:31 +0000</pubDate>
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		<description><![CDATA[To put it in non-scientific terms, this guy is &quot;evil-crazy&quot;, just like most of the 20th centuries other mass-murderers.  Were Hitler and Stalin crazy?  Sure, in the sense that they believed some idiotic things (like Marxism) and then were willing to slaughter millions in the furtherance of their beliefs.  Since we can&#039;t imagine how a sane person would do that, we call them &quot;crazy&quot;, but we don&#039;t mean that they weren&#039;t coldly and clearly calculated actions. 

The insanity defense is there for those who are &quot;crazy-crazy&quot; - voices in the head, etc.  Nobody argues that the top Nazis or Serbs or Hutus or whatever belong in a padded room, even though their crimes were of such as a scope as to be &quot;insane&quot; to us, and the same should apply to Behring - he&#039;s evil-crazy, not crazy-crazy. ]]></description>
		<content:encoded><![CDATA[<p>To put it in non-scientific terms, this guy is &#8220;evil-crazy&#8221;, just like most of the 20th centuries other mass-murderers.  Were Hitler and Stalin crazy?  Sure, in the sense that they believed some idiotic things (like Marxism) and then were willing to slaughter millions in the furtherance of their beliefs.  Since we can&#8217;t imagine how a sane person would do that, we call them &#8220;crazy&#8221;, but we don&#8217;t mean that they weren&#8217;t coldly and clearly calculated actions. </p>
<p>The insanity defense is there for those who are &#8220;crazy-crazy&#8221; &#8211; voices in the head, etc.  Nobody argues that the top Nazis or Serbs or Hutus or whatever belong in a padded room, even though their crimes were of such as a scope as to be &#8220;insane&#8221; to us, and the same should apply to Behring &#8211; he&#8217;s evil-crazy, not crazy-crazy. </p>
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		<title>By: John K</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227338</link>
		<dc:creator>John K</dc:creator>
		<pubDate>Thu, 01 Dec 2011 16:07:54 +0000</pubDate>
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		<description><![CDATA[I agree Perry, and that is why the Norwegians seem to have twisted any normal legal definition of insanity, because if he was tried and found guilty of murder, he&#039;d be out in 20 years at most. This is, of course, a failure of their political system, in doing away with the possibility of whole life imprisonment, which is what a criminal like Breivik deserves. However, to compund that failure by corrupting the the normal definition of insanity opens another can of worms, and may well have some very unpleasant consequences down the line.]]></description>
		<content:encoded><![CDATA[<p>I agree Perry, and that is why the Norwegians seem to have twisted any normal legal definition of insanity, because if he was tried and found guilty of murder, he&#8217;d be out in 20 years at most. This is, of course, a failure of their political system, in doing away with the possibility of whole life imprisonment, which is what a criminal like Breivik deserves. However, to compund that failure by corrupting the the normal definition of insanity opens another can of worms, and may well have some very unpleasant consequences down the line.</p>
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		<title>By: Perry de Havilland</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227337</link>
		<dc:creator>Perry de Havilland</dc:creator>
		<pubDate>Thu, 01 Dec 2011 15:39:27 +0000</pubDate>
		<guid isPermaLink="false">http://192.168.200.139/?p=14499#comment-227337</guid>
		<description><![CDATA[&lt;blockquote&gt;Then along comes a Brevik, who is obviously, grandiosely, floridly insane and a real and enormous danger to the public.&lt;/blockquote&gt;

Real and enormous danger to the public... clearly.  Insane?  Well no.  He sees himself as a soldier fighting in a war... and whilst he is correct there is a culture war going on and he is even correct as to much of its character, it is not the kind of war that his kind of mass murder really fits into because it is a figurative war, not a literal war... but then that is how I see it.  The ways he sees it is mistaken but it is hardly insane.  It is extreme, not crazy.

I do not agree with many aspects of of his collectivist world view but he understand what he did and has a perfectly logical and coherent set of reasoning behind it all.  Just as a suicide bomber is not &#039;insane&#039; when he blows himself up on a bus and slaughters many civilians, this guy is similarly not &#039;insane&#039;.  Call him mistaken, call him ruthless, call him evil, call him anything except... insane... cos he ain&#039;t, at least not in the sense that should ever be argued as such in a court of law.  He most certainly did and still does have the requisite &#039;mens rea&#039; to be held fully culpable for his actions]]></description>
		<content:encoded><![CDATA[<blockquote><p>Then along comes a Brevik, who is obviously, grandiosely, floridly insane and a real and enormous danger to the public.</p></blockquote>
<p>Real and enormous danger to the public&#8230; clearly.  Insane?  Well no.  He sees himself as a soldier fighting in a war&#8230; and whilst he is correct there is a culture war going on and he is even correct as to much of its character, it is not the kind of war that his kind of mass murder really fits into because it is a figurative war, not a literal war&#8230; but then that is how I see it.  The ways he sees it is mistaken but it is hardly insane.  It is extreme, not crazy.</p>
<p>I do not agree with many aspects of of his collectivist world view but he understand what he did and has a perfectly logical and coherent set of reasoning behind it all.  Just as a suicide bomber is not &#8216;insane&#8217; when he blows himself up on a bus and slaughters many civilians, this guy is similarly not &#8216;insane&#8217;.  Call him mistaken, call him ruthless, call him evil, call him anything except&#8230; insane&#8230; cos he ain&#8217;t, at least not in the sense that should ever be argued as such in a court of law.  He most certainly did and still does have the requisite &#8216;mens rea&#8217; to be held fully culpable for his actions</p>
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		<title>By: Dave</title>
		<link>http://www.samizdata.net/2011/11/is-the-norwegia/#comment-227336</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Thu, 01 Dec 2011 15:34:28 +0000</pubDate>
		<guid isPermaLink="false">http://192.168.200.139/?p=14499#comment-227336</guid>
		<description><![CDATA[Who says this approach is strictly &quot;Soviet-style&quot;?  I don&#039;t know what the other 49 states are doing, but in Washington, USA, this is how we&#039;ve dealt with sex offenders for at least 20 years: &quot;civil commitment&quot;.]]></description>
		<content:encoded><![CDATA[<p>Who says this approach is strictly &#8220;Soviet-style&#8221;?  I don&#8217;t know what the other 49 states are doing, but in Washington, USA, this is how we&#8217;ve dealt with sex offenders for at least 20 years: &#8220;civil commitment&#8221;.</p>
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