Chaingang -> RE: Soldiers....unique service or just another part of society? (8/24/2006 11:11:19 AM)
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ORIGINAL: philosophy On another thread some time ago someone made a chance remark admiring the political system espoused in Heinlein's 'Starship Troopers'.....in that book basically you got to be a voting citizen only if you were prepared to put in time in the military. Quite frankly, i'm not sure that there aren't significent parts of western society who see such a state as a good thing. It worries me to an extent, but i am curious as to how others would react to such an idea. Speaking for the U.S. here, Philosophy... It's the same crap you get when you limit the vote for any reason. The poll tax limited the vote to the wealthy, and then we had laws that favored those already possessed of real property and disfavored those trying to attain that status. We've had age limitations which meant certain age groups were effectively discriminated against. We've had race and sex based discrimination in voting. And so it goes... Limiting the vote to only those of military experience would most likely create a warrior nation continually spoiling for war. I'm sure it would make the arms industries happy, but does it make for a nation that would make the rest of the world or even ourselves happy? Probably not. The answer to a problem is not always: "To the victor go the spoils." A nation is more than just its ability to make war. The U.S. was founded on the principles of "life, liberty and property." But Jefferson spoke of "Life, liberty and the pursuit of happiness" in his Declaration of Independence. Was it a mistake or did he mean something by it? ----- PROPERTY. The right and interest which a man has in lands and chattels to the exclusion of others. 6 Binn. 98; 4 Pet. 511; 17 Johns. 283; 14 East, 370; 11 East, 290, 518. It is the right to enjoy and to dispose of certain things in the most absolute manner as he pleases, provided he makes no use of them prohibited by law. See Things. 2. All things are not the subject of property the sea, the air, and the like, cannot be appropriated; every one may enjoy them, but he has no exclusive right in them. When things are fully our own, or when all others are excluded from meddling with them, or from interfering about them, it is plain that no person besides the proprietor, who has this exclusive right, can have any, claim either to use them, or to hinder him from disposing of them as, he pleases; so that property, considered as an exclusive right to things, contains not only a right to use those things, but a right to dispose of them, either by exchanging them for other things, or by giving them away to any other person, without any consideration, or even throwing them away. Rutherf. Inst. 20; Domat, liv. prel. tit. 3; Poth. Des Choses; 18 Vin. Ab. 63; 7 Com. Dig. 175; Com. Dig. Biens. See also 2 B. & C. 281; S. C. 9 E. C. L. R. 87; 3 D. & R. 394; 9 B. & C. 396; S. C. 17 E. C. L. R. 404; 1 C. & M. 39; 4 Call, 472; 18 Ves. 193; 6 Bing. 630. 3. Property is divided into real property, (q. v.) and personal property. (q. v.) Vide Estate; Things. 4. Property is also divided, when it consists of goods and chattels, into absolute and qualified. Absolute property is that which is our own, without any qualification whatever; as when a man is the owner of a watch, a book, or other inanimate thing: or of a horse, a sheep, or other animal, which never had its natural liberty in a wild state. 5. Qualified property consists in the right which men have over wild animals which they have redueed to their own possession, and which are kept subject to their power; as a deer, a buffalo, and the like, which are his own while he has possession of them, but as soon as his possession is lost, his property is gone, unless the animals, go animo revertendi. 2 Bl. Com. 396; 3 Binn. 546. 6. But property in personal goods may be absolute or qualified without ally relation to the nature of the subject-matter, but simply because more persons than one have an interest in it, or because the right of property is separated from the possession. A bailee of goods, though not the owner, has a qualified property in them; while the owner has the absolute property. Vide, Bailee; Bailment. 7. Personal property is further divided into property in possession, and property or choses in action. (q. v.) 8. Property is again divided into corporeal and incorporeal. The former comprehends such property as is perceptible to the senses, as lands, houses, goods, merchandise and the like; the latter consists in legal rights, as choses in action, easements, and the like. 9. Property is lost, in general, in three ways, by the act of man, by the act of law, and by the act of God. 10. - 1. It is lost by the act of man by, 1st. Alienation; but in order to do this, the owner must have a legal capacity to make a contract. 2d. By the voluntary abandonment of the thing; but unless the abandonment be purely voluntary, the title to the property is not lost; as, if things be thrown into the sea to save the ship, the right is not lost. Poth. h. t., n. 270; 3 Toull. ii. 346. But even a voluntary abandonment does not deprive the former owner from taking possessiou of the thing abandoned, at any time before another takes possession of it. 11. - 2. The title to property is lost by operation of law. 1st. By the forced sale, under a lawful process, of the property of a debtor to satisfy a judgment, sentence, or decree rendered against him, to compel him to fulfil his obligations. 2d. By confiscation, or sentence of a criminal court. 3d. By prescription. 4th. By civil death. 6th. By capture of a public enemy. 12. - 3. The title to property is lost by the act of God, as in the case of the death of slaves or animals, or in the total destruction of a thing; for example, if a house be swallowed up by an opening in the earth during an earthquake. 13. It is proper to observe that in some cases, the moment that the owner loses his possession, he also loses his property or right in the thing: animals ferae naturae, as mentioned above, belong to the owner only while he retains the possession of them. But, in general,' the loss of possession does not impair the right of property, for the owner may recover it within a certain time allowed by law. Vide, generally, Bouv. Inst. Index, b. t. Bouvier's Law Dictionary (1856) http://www.constitution.org/bouv/bouvier.htm or http://www.constitution.org/bouv/bouvier_p.htm ----- I know that if you look up the word "property" in American Jurisprudence you will find a lifetime's worth of references to research. But in the main, property is more than just gold or real estate - it's everything meaningful to a citizen of the modern world. I think that's what Jefferson was getting at - it's more than just material wealth. Given that, it's impossible to consider the U.S. could properly be represented by one segment of its population - esp. a warrior class. Our sole ideal cannot be war.
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