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Author Topic: [News] Sansha Sympathizers Arrests Sparks Legal Debate  (Read 7321 times)

orange

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #30 on: 07 Jul 2010, 18:54 »

Those connections seemed obvious to me as well.
I am interested to know what in the article leads you (Jules and others) to believe that it was SLT or related courts and thus that the arrest occurred in one of the Patriot corporations, ie SLTs jurisdiction.

Using the word "court" as the connection, it is possible to claim the Scope article is inaccurate and the accused are being tried under the Lai Dai Employee Justice Code.  In this case I would respond that "The Lai Dai Appeals System rejected the premise that the CPD could not arrest those violating their employee contracts with Lai Dai."

I wish I could find the ISD article that mentioned a retired Lai Dai Judge.
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Lillith Blackheart

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #31 on: 07 Jul 2010, 19:00 »

Quote
I am interested to know what in the article leads you (Jules and others) to believe that it was SLT or related courts and thus that the arrest occurred in one of the Patriot corporations, ie SLTs jurisdiction.

Because I don't read individual articles in their own little microcosm. I read them in the Universe of EVE as a whole, and with the mindset that each individual article builds off all the other PF that has come before it, especially the news articles.

Ergo, since I know about the SLTs, and it spoke of an appeal to a court, that would be the first thought that would have come to mind.

If you read the article by itself and consider it alone, sure, it's confusing and convoluted in what its getting at.

But, imo, that's a pretty silly way to go about reading any of the IC news.
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Lillith Blackheart

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #32 on: 07 Jul 2010, 19:02 »

Addendum: Comparison time. It's like reading an article about Columbine that pointed out they played a lot of Counter-Strike and made maps for Counter-Strike and coming to the conclusion that they shot up the school because they played Counter-Strike.

Obviously we know that conclusion is ludicrous, because there were so many other things going on, but that's the same idea as reading this article and not making connections to previous PF simply because it's not spelled out in a single individual article.
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orange

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #33 on: 07 Jul 2010, 21:53 »

So, should we also assume that those arrested are actually Quafe employees based on the racial make-up of those arrested and those articles being recent as well?

I think similar logic that gets to SLT arrives at them being Quafe employees.
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Lillith Blackheart

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #34 on: 07 Jul 2010, 22:35 »

Nonsense, that's a straw man and I think you're aware of it.

The logic dictates that; as the Provists initiated this purge and have complete control over the State, given the current goings on in the State, what court would oversee such an appeal for Citizens to have basic rights in this situation?

It's really not that big of a step, much less a leap. It's kinda... right there. Staring one in the face.

Personally, I think people just really want to take issue with the stuff CCP puts out most of the time. It explains the level of nitpickery.

Edited for grammar fail. Still a horrific run-on, but whatever.
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orange

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #35 on: 08 Jul 2010, 07:01 »

Nonsense, that's a straw man and I think you're aware of it.
Nope, why not have them be Quafe employees?

If they are Quafe employees none of the megas will try and counter the ruling in the CBT over violations of their corporate sovereignty.  Quafe, no longer a State corporation, now has no recourse but to whine to the Federal government, which the State is unlikely to care about as a whole.

The logic dictates that; as the Provists initiated this purge and have complete control over the State, given the current goings on in the State, what court would oversee such an appeal for Citizens to have basic rights in this situation?

It's really not that big of a step, much less a leap. It's kinda... right there. Staring one in the face.
Your logic is based on assumptions like "the Provist have complete control over the State."  I have argued repeatedly that they do not based on the continued infighting and political positioning of the various megacorporations (current goings on in the State).

Any of the Eight Megacorporations internal justice systems could be the court in question.

Until this article, the State had one extra-corporate legal judiciary, the Caldari Business Tribunal.  "The Caldari Business Tribunal is the only non-corporate justice system and police agency in the Caldari State ... The Tribunal does not generally deal with crimes against the person and is not the “Supreme Court” of the Caldari State, as many outsiders assume."

The article states it was a "State appeals court;" I think it is logic dictates here that it is in fact one of the Eight Mega's internal appeals courts. 

The SLTs, from the one article that actually says anything about the it, are not actually extra-corporate and require the cooperation of each megacorporation (like any court).

"So far, Lai Dai and Wiyrkomi have pledged to cooperate with the new body, but the other megacorporations have so far declined to comment publicly. Privately, sources at Hyasyoda and Nugoeihuvi have told the Scope that they perceive this as yet another attempt by Heth to encroach upon corporate sovereignty, and that they are preparing legal challenges should the State Loyalty Tribunal target their employees."

If a case were heard in the CBT it would be about corporate sov and not individual rights.

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Svetlana Scarlet

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #36 on: 08 Jul 2010, 07:58 »

To be fair, it could be an "appeals court" within the Tribunal system.   After all, the US Federal Court system includes a variety of different tiers of courts (including appeals courts).
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Z.Sinraali

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #37 on: 08 Jul 2010, 11:50 »

Of course, why would Tibus Heth put an appeals system in a system apparently intended to enhance his power? Maybe if it were so ingrained in the Caldari mindset that you get an appeal no matter what the circumstances, but that seems implausible to me.

It's not even clear that the SLT is a court at all, at least an adversarial one as seems to be described in the latest article, since it's described as "an independent committee tasked with investigating national security threats."

Could still be an inquisitorial system though.

But then putting a security man in charge doesn't make a lot of sense.

And round and round we go.
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The assumption that other people are acting in good faith is the single most important principle underpinning human civilization.

orange

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Re: [News] Sansha Sympathizers Arrests Sparks Legal Debate
« Reply #38 on: 08 Jul 2010, 20:24 »

Could still be an inquisitorial system though.

Quote
The Tribunal's courts are modeled after the Raata Code, an inquisitorial system where the court's goal is to determine the facts of the case, not the prosecution of an individual or corporation.
I suspect most Caldari justice systems are modeled on the Raata Code.  It would be similar to saying that most European justice systems are modeled on Roman (later Napoleonic Code) Law.
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