Re: Fw: The Fall of 'Challenge'?

["David Shemano" <dshemano@xxxxxxxxxx>]

Prof. Rosser responded:

<<<David,
      Guess you did not read what I wrote very
carefully (this is why Michael Perelman did not
want this thread to start).
       I was clearly exonerating (more or less) the
Communist leaders of "intending" the deaths of
those who died in the famines.  I did note that
some have accused Stalin of desiring the deaths
of some of those (Ukrainian kulaks) who died in
the collectivization famine of the early 1930s.  I did
not pass judgment on whether or not he actually did.
This seems to be a matter of dispute, and those who
have most vigorously made that claim have been
right-wing Ukrainian nationalists.
     Bottom line is that the leaders clearly desired the
deaths of those who were executed.  Therefore they
are guilty of those deaths.  Their guilt in the matter of
those who died in the famines is much less in my mind,
although arguably not totally nonexistent.
Barkley Rosser>>>

I read very carefully what you wrote.  I am simply trying to understand your
ethical reasoning.  You are taking the position that it is more morally
reprehensible to cause a death if you "desire" to cause the death as opposed
to being indifferent to the fact that you know death will result from your
actions.  In fact, you now go so far at to characterize the level of guilt
as "arguably not totally nonexistent," which I suppose can be redefined as
"mostly nonexistent" or "hardly existent."

I, in turn, responded that the common law does not distinguish the two for
purposes of legal culpability.  Now, notwithstanding that I am a lawyer, I
understand that legal definitions do not define morality.  However, there is
wisdom in the common law definition, for precisely the reason under
discussion.  Neither you nor I can no for certain what was going on in
Stalin's head -- all we can do is look at his actions, the consequences of
his actions, and then make a judgment.

So I ask again, why do you believe the deaths should be treated differently?

David Shemano