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Apr 5 2019 03:39am
Quote (ampoo @ 5 Apr 2019 09:45)
wait a second, according to populists like macron or merkel "europe" and the "EU" are one and the same

sorry, but britain will fall off the continental shelf


No i dont think so when i remember the cartoons proudly posted by our dumb brexiters where UK is leaving EU on a boat.
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Apr 5 2019 03:48am
Another delay to 30th June. What is May doing...just take the flexible year option. All this shit to appease the likes of Rees Mogg...
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Apr 5 2019 03:57am
Quote (fender @ 5 Apr 2019 09:49)
too embarrassed to reply? i figured you would not be the kind of person to admit it, i just hope you learned your lesson and looked up what legal positivism actually means. it's kind of an important concept...


your reading comprehension is really abysmal today. no point in further discussing with you.

but feel free to "claim victory" based on misunderstanding and misrepresenting my earlier post like an elementary schooler.
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Apr 5 2019 07:34am
Quote (Black XistenZ @ 5 Apr 2019 10:57)
your reading comprehension is really abysmal today. no point in further discussing with you.

but feel free to "claim victory" based on misunderstanding and misrepresenting my earlier post like an elementary schooler.


are you trying to suggest that the 'definition' i highlighted was not your attempt of 'explaining' the term legal positivism, or are you suggesting it's a correct one? and if it's the former, what did you mean with 'legal positivism isn't the same as rule of law' then?

thing is, i would have let this go if you had done your research and shown some humility, but throwing around terms you obviously don't understand, then condescendingly suggesting someone else isn't smart enough when they mock you for it, and after being exposed just posting a meme, blaming my 'abysmal reading comprehension', and claiming you were misunderstood / misrepresented without any explanation won't do.
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Apr 5 2019 08:03am
meanwhile in greece muslim invaders tried to breach through greek police again, believing fake news about the border being opened
obviously this was not the case

https://www.bbc.com/news/world-europe-47826607



another video
https://www.youtube.com/watch?v=7cfrOyvH1Ag

poor refugees (violent trash) suffering from greek racism (causing yet another violent riot) complain that there are no hospitals, doctors or schools
i am so sorry that there is no fried chicken and fresh watermelon as well

reporters on the scene report that our precious fighting age males used women and children as shields, while they attacked the police
this german article comes with a video showing the madness from 0:16 onward
https://www.welt.de/politik/ausland/article191386057/Griechenland-Migranten-wollen-von-Thessaloniki-nach-Mitteleuropa.html

i think we should take them in, accepting violent scum from the most backward countries on earth, who are ready to take whatever they want by force
what could possibly go wrong?

and the mighty EU cant even manage to swiftly deport their asses
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Apr 5 2019 09:45am
Quote (fender @ 5 Apr 2019 15:34)
are you trying to suggest that the 'definition' i highlighted was not your attempt of 'explaining' the term legal positivism, or are you suggesting it's a correct one? and if it's the former, what did you mean with 'legal positivism isn't the same as rule of law' then?


you criticize me for the double standard of being a proponent of "the rule of law" while also showing sympathy for the father of the children who took them out of their foster family.
this clearly shows that you refer to the term "rule of law" in the colloquial sense, not in the legal philosophy sense. in this colloquial sense, "rule of law" is used when one actually means "obedience to the law", as opposed to arbitrariness.

legal positivism, according the definition on the following site:
https://www.iep.utm.edu/legalpos/
means:
Quote
According to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator or considered as common law or case law. Formal criteria of law’s origin, law enforcement and legal effectiveness are all sufficient for social norms to be considered law. Legal positivism does not base law on divine commandments, reason, or human rights. [...]
Legal positivism does not imply an ethical justification for the content of the law, nor a decision for or against the obedience to law.


Simply put, legal positivism says that all positive (codified) law is valid and applicable irrespective of reason or ethics, as long as it was passed correctly according to some formal criteria.
As the definition already says, a law being a law in the legally positive sense does not imply a decision for obedience to this law.

Hence, acknowledging that a swedish law which presumably was passed in correct fashion by their parliament/sovereign is applicable law and valid in the sense of legal positivism does not necessarily contradict being of the opinion that this law is unreasonable, or being of the opinion that the urgency of this law can be dominated by other arguments of reason, or of legal or moral nature. In this case, the right of a father who didnt commit crimes to want to do everything in his power to protect his children and provide the best possible environment for them, and to intervene when some outside force (in this case the swedish foster care agency) is jeopardizing their well-being.



In any case, I'll admit that this was a relatively obscure distinction to make, which is why I used a more clear language and argumentation in
http://forums.d2jsp.org/topic.php?t=77347766&f=119&p=544504444
when I wrote
Quote (Black XistenZ @ 5 Apr 2019 08:52)
There is a difference between the stance that "the rule of law is very important" and "the rule of law is absolute, we shall not make any exceptions, we shall not allow any violation of any law, no matter how inadequate and injust said law may be."

in an attempt to bring the discussion back to its origin: you accusing me of double standards.

I think the distinction is a lot easier in German:
"Recht" vs "Gesetz"
Betonung des Rechtsstaatsprinzip vs sklavische Befolgung jeglicher Gesetze.

This post was edited by Black XistenZ on Apr 5 2019 09:46am
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Apr 5 2019 12:40pm
Shocked while reading french news and comments sections in the most neutral and serious paper; pro-brexit/eu haters & associated trolls are accusing the EU to be responsible of the Brexit actual mess... :huh:

This post was edited by Saucisson6000 on Apr 5 2019 12:41pm
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Apr 5 2019 01:01pm
so glad i dont live in Europe lol
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Apr 5 2019 01:28pm
Quote (Black XistenZ @ 4 Apr 2019 22:48)
first of all, children shouldnt be taken away from their parents just because of unemployment.
second, children from a christian household should generally not be placed in a household of a different religion. no matter if its muslims, jews, buddists or adherents of the flying spaghetti monster.
third, if the parents whose kids are to be taken away did not commit violent crimes to justify putting the kids in foster care, then those parents should get at least some say over the environment where their kids will be placed.
fourth, I understand international arrest warrants in cases where one parent is trying to abduct his/her children from the other parent. but in a case where a father who hasnt committed any crimes by the looks of it is taking his children away from foster parents, it is grossly inordinate to put them on a "most wanted" list. unemployment surely does not erase the legitimacy of a father/mother.


What if I told you the father was repeatedly rejecting the job offers and employment plans the government was offering him, as he was happy living off the welfare money that the Swedish state provides children from households with no employment income?

Not saying this is what happened, but rather that we don't have enough information to judge. I really doubt the state is taking away children because their parents are unemployed... there is obviously an underlying reason. Whether it's justified or not, idk (because of the lack of info), but I think it's safe to assume it's not as simple as "the state is taking children away from their parents that are unemployed".

On the second point, Sweden is a secular state, so it shouldn't meddle with religious affairs. They shouldn't be deciding foster homes based on religion... as a secular state they should be colorblind in this matter.

Third is a matter of opinion, which is fine. Fourth point, depends... maybe the man would try to take the child to Russia, and that would leave the situation out of the EU's control, so I could understand authorities not wanting to take the risk.

I think the big issue here is that the Polish court is making a unilateral decision, overruling the decision of a court that isn't under its authority. There's the ECJ and the ECHR... the parent should have appealed to those, and it is those courts that should decide if Sweden is doing it wrong... not some Polish court, which is no more and no less than the Swedish court.
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Apr 5 2019 01:37pm
Quote (Saucisson6000 @ 5 Apr 2019 19:40)
Shocked while reading french news and comments sections in the most neutral and serious paper; pro-brexit/eu haters & associated trolls are accusing the EU to be responsible of the Brexit actual mess... :huh:


Internet anthropologists have been claiming for a while now that there is a world wide trend by which the alt-left dominates Twitter and other large social media platforms, while the alt-right dominates the comment sections of news sites.
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