111–120 of 127 posts
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>Ghosn is credited with a stunning corporate turnaround and creating billions of dollars of value for a Japanese company and the Japanese people This should have absolutely no bearing on how the justice system handles him.
Seriously! I know it happens but I feel like it's rare to see someone seem to explicitly argue that someone's business success should be a mitigating factor when considering their crimes.
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You would call Iran democratic? You would claim it protects the liberty of its citizens? Allows for religious freedom? Iran's elections are widely considered shams: https://www.forbes.com/sites/realspin/2017/05/12/irans-farce...
Timeline of Iran & Democracy: 1. Overthrew the shah in the ~1940s, created a democracy 2. Because a large majority of the economy was going to the british in the form of of the anglo persian oil company, iran nationialized it's oil industry 3. This pissed off the british, who poked it's friend america to overthrow the government in Iran. The first president said no, but the next one said yes, which eventually led to…
And yes, I would imagine that most don't like it; it's not a great place to live. This is why I said it was not really a good example of successful democracy.
Ghosn's handling by the Japanese is utterly despicable. No habeas corpus ... no due process. Ghosn is credited with a stunning corporate turnaround and creating billions of dollars of value for a Japanese company and the Japanese people. I am certain foreign corporations who do business in Japan are thinking long and hard about the implications and potential risks of operating there. To be clear - I am not saying Gho…
Japan isn’t acting exceptionally with Ghosn. That’s their regular operating procedure. Ghosn allegedly arranged this overt/covert payment system because allegedly he was unhappy that compared to euro and American auto execs, he was being under compensated. This scheme if true is unlawful. Euro and American auto execs get paid above board and since there is no need for dual streams (because if you can command 200 mill…
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Japan isn’t acting exceptionally with Ghosn. That’s their regular operating procedure. Ghosn allegedly arranged this overt/covert payment system because allegedly he was unhappy that compared to euro and American auto execs, he was being under compensated. This scheme if true is unlawful. Euro and American auto execs get paid above board and since there is no need for dual streams (because if you can command 200 mill…
Well let's roll part of that back because there is growing consensus that "if you can command 200 million and you can get it" you should be shamed.
It’s an altogether different discussion whether someone should be remunerated so generously.
Ghosn's handling by the Japanese is utterly despicable. No habeas corpus ... no due process. Ghosn is credited with a stunning corporate turnaround and creating billions of dollars of value for a Japanese company and the Japanese people. I am certain foreign corporations who do business in Japan are thinking long and hard about the implications and potential risks of operating there. To be clear - I am not saying Gho…
At some point, foreign nations are different and we just have to deal with it. We got habeas corpus and other processes from the Magna Carta back in the eleventh century B.C., and the resultant English Common Law shaped the justice systems of America and other nations. It is not fair of us to expect all justice systems to align with ours. For an extreme example of this issue, look at the Middle East. They have simply…
Not BC.
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Having a lawyer present while being questioned as an "inherent human right"? Why is that? Why not your parents, spouse, children and best friend as well? I don't recall seeing this anywhere in the Universal Declaration of Human Rights. By what reasoning have you decided that having a lawyer present is an "inherent human right"?
It's a part of due process. One underlying principle or right would be along the lines of Presumption of innocence. There are all sorts of non-obvious shenanigans which the authorities can pull, otherwise, which given the authorities the unchecked power to pressure or harass individuals. Obviously, that is against individual human rights.
> During detention, both were subject to extensive questioning by prosecutors without an attorney present. Videotapes of Ghosn’s questioning — a new feature added in the Criminal Procedure Reform law in 2016 in direct response to documented abuses — were made available to his attorneys who were present at the detention center, but lawyers were not permitted in the room where questioning took place. > The system must…
> In fact, given how much more effective their criminal Justice system is compared to America's, I would err on the side of keeping up their good work. When a society justifies human rights abuses based on results, bad things tend to happen.
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Timeline of Iran & Democracy: 1. Overthrew the shah in the ~1940s, created a democracy 2. Because a large majority of the economy was going to the british in the form of of the anglo persian oil company, iran nationialized it's oil industry 3. This pissed off the british, who poked it's friend america to overthrow the government in Iran. The first president said no, but the next one said yes, which eventually led to…
You conveniently left out Soviet interference. The reason the CIA got involved was because the country was turning communist, which is the worst thing that can happen to a nation. And yes, I would imagine that most don't like it; it's not a great place to live. This is why I said it was not really a good example of successful democracy.
Was it? I'm not super well informed on the topic, but my impression was that Mossadegh's policies were largely the kind of mild social democracy that Europe has been engaging in pretty comfortably for a few decades. The two big exceptions would be nationalizing natural resources under foreign influence and raising land taxes, and again, you could probably find plenty of moderate to conservative economists today that would find both of those reasonable.
Is there anything in particular you're thinking of when you say Iran was "turning Communist" in a way that warrants comparisons to "the worst thing that can happen to a nation"?
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Seriously! I know it happens but I feel like it's rare to see someone seem to explicitly argue that someone's business success should be a mitigating factor when considering their crimes.
While not to this degree “mitigating circumstances” is a concept in law, so while I disagree with OP, it is a thing of sorts in some traditions of law.
Here are the examples given in a law dictionary :
"a young man shoots his father after years of being beaten, belittled, sworn at and treated without love. "Heat of passion" or "diminished capacity" are forms of such mitigating circumstances"
mitigating circumstances are conditions that explain and partially excuse a behavior. If anything, being a very wealthy exec that does not need money but still stealing would be an aggravating circumstance.
However, if you look at prison terms, whether this person is a danger to society or not is a big factor. We could also talk a lot about imprisonment and whether it should be used as a punition or only as a way to protect society against some very limited cases of dangerous individuals.