3 ms·
> * They'll be court-martialed, and rightly so.* Rightly so? You are saying that a soldier who understands an order to be in violation of law (in this instanc
by bobwaycott 13y ago
> * They'll be court-martialed, and rightly so.*
Rightly so?
You are saying that a soldier who understands an order to be in violation of law (in this instance, to commit some unspecified crimes against humanity) would be justly court-martialed, and that it should happen?
The entire point of refusing to obey orders that violate the law, or of refusing to abide by an unjust law, or refusing to be complicit in systemic abuses of secret interpretations of a given law that one believes to violate other laws and/or established principles (e.g., the Constitution) is to call attention to the wrongness of that which one is refusing to do. It is to call attention to wrongdoing, whether that be to actions or laws that violate the greater body of law and principles of a given civil society. The proper response would be an evaluation and public reflection upon the practices/acts to which the public's attention has been focused.
In Snowden's case, as with other whistleblowers, it is extremely difficult to properly blow the whistle without breaking some law(s). There are so many laws out there, that if everyone who broke a law was prosecuted, we'd wind up with 100% of the adult citizenry with criminal records and jail time. The goal of justice is not to indiscriminately prosecute every person who attempts to protect and improve our society by refusing to follow unjust laws and their associated actions. Would that more citizens and public officials would refuse to act in a way that even remotely resembles violating anyone's constitutionally delineated rights, and all those not so delineated, which are reserved to the states and to the People.
If indiscriminate prosecution was the goal of justice, we'd better update our positions accordingly on everything. That means we need to look back and say a good century's worth of prosecuting black people for drinking from the wrong fountain was just. We should start prosecuting those who violate laws that prohibit you from throwing away mail that isn't addressed to you. We should stand up and call for the prosecution of homosexuals and heterosexuals under state sodomy laws and, when they are so prosecuted, we should sit back in our armchairs, cross our legs, and declare, "Rightly so."