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Comment on Mid-Wales by Diesel

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Comment on The Origins of the Hawaiian Good Luck Sign by Hawaiian good luck sign « Кокоевсёзелёное

Hawaiian good luck sign « Кокоевсёзелёное — Wed, 10 Mar 2010 20:22:32 +0000

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Comment on More Falklands: Boo to Obama/Clinton! by Nate Oman

Nate Oman — Thu, 04 Mar 2010 16:25:58 +0000

I agree with you regarding the treatment of the people of Diego Garcia, although I have to confess that I like the idea of running the world from Guam and Diego Garcia. BTW, I tend find the arguments about American Empire tiresome, as if one has scored an important point by making the analogy. America is an Empire if by Empire one means an hegemonic power. The world on average is better for this, but like all hegemons, the United States at times abuses its power and engages in shameful acts. Dispossessing the people of Diego Garcia was such an act. Insuring that the U.S. Navy can project U.S. power into the Indian Ocean is not.

Comment on More Falklands: Boo to Obama/Clinton! by Nate Oman

Nate Oman — Thu, 04 Mar 2010 16:05:17 +0000

oops…

….what is known as ipse dixit.

Comment on More Falklands: Boo to Obama/Clinton! by Nate Oman

Nate Oman — Thu, 04 Mar 2010 16:04:55 +0000

“Nate’s comment on the other thread has no weight in the argument.”

To make a legal intervention, this what is ipse dixit.

Comment on The Falklands by Nate Oman

Nate Oman — Thu, 04 Mar 2010 15:59:46 +0000

JNS: I am not claiming that legal interventions are necessarily helpful; only that they are helpful in this context. The functional arguments are very similar, albeit on a larger scale. I agree with you that much of the discussion in arguments over international possession consists of a parade of nonsense. It does not follow from this, however, that all arguments that one might make in favor of one side or the other are equally silly. The functional and practical issues at work in one nation’s long occupancy of a disputed cluster of islands is not that different than the functional and practical issues at work in one neighbor’s long occupancy of a parcel of land claimed by another neighbor. I certainly am not claiming that all of the sorts of arguments that are made about property law can be translated unproblematically into discussion of international boundaries, but certainly the concerns behind adverse possession seem apposite in this case.

Comment on More Falklands: Boo to Obama/Clinton! by DavidH

DavidH — Wed, 03 Mar 2010 22:40:21 +0000

Personally, I think I could do a perfect, unbiased, and objective job in resolving this dispute over the Malvinas Islands.

Comment on More Falklands: Boo to Obama/Clinton! by J. Nelson-Seawright

J. Nelson-Seawright — Wed, 03 Mar 2010 16:36:06 +0000

Nate’s comment on the other thread has no weight in the argument… But I agree completely with the point about Diego Garcia.

Comment on The Falklands by J. Nelson-Seawright

J. Nelson-Seawright — Wed, 03 Mar 2010 16:34:42 +0000

Nate, legal interventions aren’t necessarily that helpful in talking about national boundaries. These arguments are about imaginary things like national essences, destinies, homelands, and so forth, not about deeds.

Comment on The Falklands by Nate Oman

Nate Oman — Wed, 03 Mar 2010 14:00:00 +0000

Interesting. In the common law a lot of cases of adverse possession (as well as other kinds of prescription acquisition of rights, such as corporations by prescription and the like) were accomplished by fiction and evidentiary assumption. Hence, if I was in long possession of a piece of land, the court would say that there must have been some title deed in the past but the deed has just been lost. Oh, and by the way, we are not going to let the other party admit evidence to prove that it hasn’t been lost. I could imagine a similar argument in your slave example, “Dad gave him to me! The evidence for this is the fact that I enjoyed long and exclusive possession.”