Posted by Elaine on November 20, 1997 at 21:57:20:
In Reply to: Re: continental European law posted by bill on November 20, 1997 at 12:43:47:
Your insight into Col. Munro's actions and mindset were quite accurate. As Joe pointed out, Munro was indeed a military man and there was a war going on. Suspension of all other considerations was the name of the game. It is also a good point that this man (Hawkeye) and his dynamic Mohican duo had saved the lives of Munro's daughters; the last thing he would have sought to do was have him condemned if he could have prevented it. But he was, after all, "subject to military justice".
True also that people must stop judging past events by current moral, political, and social standards. They (standards), like most intangibles, including legal concepts, principles, and practices, are fluid and will continue to change. I thought your very slight examination of differences regarding burden of proof and presumption of innocence or guilt were legitimate issues. These too
vary in degrees both by time and nation. There are criteria differences in the preponderance of guilt, evidence, and degree of doubt even in civil vs. criminal cases in U.S. law. 'Fair trial' is a relative term, as well. In Iroquoia a fair trial often meant surviving a run of the gauntlet. In medieval Europe it sometimes meant trial by battle ( it was rare but still practiced as late as early 19th century by the way). This was the age of absolutism. You get the point. These democratic principles that you touched upon form the cornerstone of American jurisprudence.
I found nothing in your post that suggested you were condemning ANY legal system or culture either. On the other hand, there have been posts here on this board that have included inflammatory, inaccurate, offensive misperceptions that have gone unchallenged. There has also been efforts to interject racism into the scope of this board. It has no place here, however, and it has thus far been allowed to slide. It won't anymore. It is important to remember that all cultures have the good, the bad, and the ugly. So... I think you ought to be cut some slack here.
We maintain this site and board for the purpose of selling a book, promoting an awareness of and interest in the French and Indian War, and to discuss a great film in a light-hearted manner. Disagreements are to be expected, hostility is not.
I thank you for the post and hope you will continue to do so. It is unfortunate that you felt an obligation to explain yourself.
I understand 'your' English very well!!!!
Now, back to the show, eh?
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