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Re:'We good now China?' South Park creators issue mock apology by jdm2212 on Tuesday October 08, 2019 @01:04PM (#21194403)
One is a country with rule of law enforcing its laws. The other is an autocracy enforcing the whims of the current ruler.
Re:'We good now China?' South Park creators issue mock apology by threwawasy1228 on Tuesday October 08, 2019 @01:39PM (#21194807)
This is such a ridiculous framing, so in your opinion by this logic, if Xi was democratically elected by a free and fair election, and then proceeded to ban memes via a legislative branch that would be perfectly fine? I think what the UK is doing is equally shameful. This kind of "its ok when the west does it" type of narrative is why when I talk to Chinese students about censorship issues they can consistently point to Western censorship of topics with smugness.

"Oh but those things we ban here are anti-PC, so we are offended by them", sounds eerily similar to, "Oh but those things we ban here are anti-CCP, so we are offended by them".

Re:'We good now China?' South Park creators issue mock apology by jdm2212 on Tuesday October 08, 2019 @01:44PM (#21194881)
There are two separate issues with China banning memes:

1. it's symptomatic of Xi's government being able to do anything it wants to (including killing people to harvest their organs) without any checks and balances

2. it violates our ideal of freedom of speech

One of those is a far more serious problem than the other. A democratic society can fix laws that don't live up to its ideals. A lawless, autocratic society cannot.

Re:'We good now China?' South Park creators issue mock apology by jimclegg on Tuesday October 08, 2019 @01:51PM (#21194974)
>A democratic society can fix laws that don't live up to its ideals. A lawless, autocratic society cannot.

China has mechanisms to change laws but they have to be routed through the proper channels. From what I understand, individuals can complain all they want, as long as they don't organize outside of these designated channels.

This definitely pisses off the % of western governments that use "grassroots" movements as an attack vector to undermine unfavorable foreign governments.

Re:'We good now China?' South Park creators issue mock apology by blaser-waffle on Tuesday October 08, 2019 @02:22PM (#21195345)
To paraphrase Yakov Smirnoff: "USA and Soviet Union have same freedom. In USA I can I can drive to White House and complain about Reagan; in Soviet Russia I can also drive to Kremlin and complain about Reagan."
Re:'We good now China?' South Park creators issue mock apology by SomeOldThrow on Tuesday October 08, 2019 @03:38PM (#21196289)
Complaining about Reagan didn’t do much to protect us anyway, we gave our power away willingly.
Re:'We good now China?' South Park creators issue mock apology by jdm2212 on Tuesday October 08, 2019 @02:20PM (#21195326)
The only effective way to change laws is to organize. "you can change laws, but you can't organize to do so" is in effect saying you cannot change the laws. And that's by design -- China is an autocracy.
Re:'We good now China?' South Park creators issue mock apology by stickfigure on Tuesday October 08, 2019 @02:15PM (#21195268)
"Individuals can complain all they want, as long as it is in their own homes, with no more than two individuals present, and they must be blood-related."
Re:'We good now China?' South Park creators issue mock apology by PKop on Tuesday October 08, 2019 @02:06PM (#21195144)
Both points are perfectly encapsulated in UK hate speech laws.

They subvert free speech with the heckler's veto, and there's nothing anyone can do about them, "democratic" or not.

Re:'We good now China?' South Park creators issue mock apology by jdm2212 on Tuesday October 08, 2019 @02:19PM (#21195312)
People in the UK can vote out the government and change the laws that way. People in China can't.
Re:'We good now China?' South Park creators issue mock apology by munk-a on Tuesday October 08, 2019 @01:57PM (#21195057)
The US is hardly perfect...

1. The US has long operated offshore prisons where human rights are routinely abused (though harvesting organs is never a thing I've heard of happening in them)

2. The US routinely silences comedians when they're reported to say something impolite or against the grain - remember Kathy Griffin?

Re:'We good now China?' South Park creators issue mock apology by disease on Tuesday October 08, 2019 @02:30PM (#21195430)
What is your source on the United States government taking action against Kathy Griffin?
Re:'We good now China?' South Park creators issue mock apology by munk-a on Tuesday October 08, 2019 @02:40PM (#21195557)
The US Government publicly shamed her over her post - https://twitter.com/realDonaldTrump/status/86987479808781926... this lead to hardships for her[1] that I believe aren't debated?

As per statements by the white house[2] and other branches[3] that twitter account is an official channel of US Government policy, I think this is reasonable and generally accepted[4].

1. https://ew.com/news/2017/06/02/kathy-griffin-donald-trump-br...

2. https://time.com/4808270/sean-spicer-donald-trump-twitter-st...

3. https://www.washingtontimes.com/news/2017/nov/14/doj-donald-...

4. https://www.forbes.com/sites/rebeccaheilweil1/2017/07/11/tru...

Re:'We good now China?' South Park creators issue mock apology by jdm2212 on Tuesday October 08, 2019 @02:52PM (#21195712)
If you don't like Donald Trump's conduct in office (I don't, incidentally) you and millions of others can organize and likely prevent him from getting reelected. If you don't like Xi Jinping's conduct in office...
Re:'We good now China?' South Park creators issue mock apology by gyuserbti on Wednesday October 09, 2019 @06:52AM (#21201874)
...you can organize and likely prevent him from getting reelected if you don't have to deal with gerrymandering, can get votes enough to overcome the vote weighting of the electoral college, and if there's no foreign sabotage of the election.

I agree China and the US are in radically different places, but there are serious problems of some degree in many places right now.

Re:'We good now China?' South Park creators issue mock apology by munk-a on Tuesday October 08, 2019 @04:42PM (#21197006)
If I was a Chinese citizen I probably 1. wouldn't be around anymore or 2. not be nearly the same person - I'm quite thankful I grew up in a society that let me read Marx for Beginners[1] at a young age and has allowed me to express myself - I support the HK protestors without any reservations and, even with the oval office being as it is, I think the US's government is far more fair and held to account than China's - still, it is counterproductive to the freedoms of America to constantly exaggerate those freedoms and hold patriotism over honesty. America may be a shining city on a hill but up close it's pretty clear to see the parts that are tarnished - we can work to fix those issues if we accept that they are issues, or we can insist there are no issues and let those hard fought for freedoms get taken away.

1. It's pretty hilarious and approachable for young minds, here's an archive version for the curious https://archive.org/details/MarxForBeginners-English

Re:'We good now China?' South Park creators issue mock apology by gamblor956 on Tuesday October 08, 2019 @04:52PM (#21197120)
This is such a ridiculous framing, so in your opinion by this logic, if Xi was democratically elected by a free and fair election, and then proceeded to ban memes via a legislative branch that would be perfectly fine?

You've just described India under Modi...

Re:'We good now China?' South Park creators issue mock apology by munk-a on Tuesday October 08, 2019 @01:55PM (#21195028)
I agree it's a bad idea to crush the will of the people under our feet and force them to bend to our will - which is why I completely disagree with your statement. I dislike China's government but I feel like America, with it's track record, really shouldn't start talking about how nice regime change would be.

For the time being, while the government may be autocratic, it is enforcing it's law and you'd be hard pressed to find anywhere in the world where the rule of law rules harder.

Re:'We good now China?' South Park creators issue mock apology by wbl on Tuesday October 08, 2019 @03:01PM (#21195828)
Disappearing a bookseller with no trial and imprisoning complainers is not the rule of law.
Re:'We good now China?' South Park creators issue mock apology by SllX on Tuesday October 08, 2019 @02:12PM (#21195214)
An autocratic government is inherently antithetical to the Rule of Law. They are mutually exclusive.
Re:'We good now China?' South Park creators issue mock apology by munk-a on Tuesday October 08, 2019 @02:16PM (#21195272)
Please expand on what this "Rule of Law" proper noun you're referring to is. I am quite curious how it is a thing that democratic societies can have while tyrannies must lack it and I reeeeally suspect that your distinction will fall under a No True Scotsman fallacy.
Re:'We good now China?' South Park creators issue mock apology by PavlovsCat on Wednesday October 09, 2019 @07:26AM (#21202088)
The difference is simply "rule of law" and "rule by law". Rule of Law means the law rules, and all laws apply to all people, without considering their wealth or connections or anything at all, other than their deeds and the law. Rule by Law means people use laws (and often selective enforcement of it) to rule over others.

e.g.

> The Rule of Law is an intrinsically abstract idea, which finds itself grounded in philosophical and moral conceptions. One of its most basic tenants is that all people, whether they be at the lowest level of citizenship or the highest, being the sovereign or government ruler, are all equal under the law itself. This means that no one is above the law, and any law that is broken should be equally punished across the board, regardless of status in society or local community.

> It is also associated with the concept of natural law, which basically claims that because we all belong to the larger human community, everyone must be treated under the same laws and possess the same rights.

vs.

> In contrast, Rule by Law is a concept that sees the governing authority as somehow being above the law, and has the power to create and execute law where they find it to be convenient, despite the effect it has on larger freedoms that people enjoy. To expand on this idea, rule by law is a method that governments and people in power use to shape the behavior of people, and in terms of governing a country, mass groups of people. This usually has the end goal of psychologically or forcefully persuading people to agree with policy decisions they otherwise would not agree with.

(from https://www.vannormanlaw.com/rule-law-vs-rule-law/ )

Re:'We good now China?' South Park creators issue mock apology by 20after4 on Thursday October 10, 2019 @07:28AM (#21213205)
Re:'We good now China?' South Park creators issue mock apology by seanmcdirmid on Tuesday October 08, 2019 @02:20PM (#21195322)
It is more about having a divided government. Many democratic societies have a separation between at least two, sometimes three branches of government, allowing for one to check the other. In the USA’s case, the judicial branch interprets law.

China lacks such separation, the judicial branch cannot check the power of the party/official class, they cannot interpret law and they definitely cannot enforce what the official don’t want to enforce (see China’s constitution that with freedom of speech, assembly, and so on...). By definition, this concentration of power is authoritarian, so these things go hand in hand.

Re:'We good now China?' South Park creators issue mock apology by munk-a on Tuesday October 08, 2019 @02:30PM (#21195439)
But within the US we observed that the judiciary was hijacked by the congress with their failure to appoint a justice in a timely manner and lately the congress has been acquiescing to the executive - going against prior initiatives and momentum to stay in good political graces owing to the intense cult of personality over the executive.

I think from country to country the amount by which different branches check one another will vary - and I agree that stronger checks leads to a stronger government - I just disagree that this is a black and white issue rather than a grey one.

Re:'We good now China?' South Park creators issue mock apology by seanmcdirmid on Tuesday October 08, 2019 @02:36PM (#21195511)
That is just another part of the check. The executive nominates judges, legislative approves judges, judges then interpret. Ya, it isn’t perfect, but you still have a few judges (Kennedy before and Roberts now) who are independent enough to sometimes do the right thing against their ideology (judges are mostly independent after being approved, so influence is limited).
Re:'We good now China?' South Park creators issue mock apology by munk-a on Tuesday October 08, 2019 @02:52PM (#21195717)
So I generally agree with what you're saying, but I don't know if that makes enough of a difference, the US has more checks and balances than China but China does have checks and balances[1] and the US's isn't perfect - is the Rule of Law something that switches from off to on somewhere between those two points?

I really don't disagree that China's government is crap, but things aren't black and white, all peoples everywhere are struggling for a good balanced government and pushing back against oppressive governments - that said in China, while people are disappeared, there is a general rule of law for the general populace... Normal folks can get by with a decent orderly life, it's constrained and they do lack a lot of freedoms Americans enjoy, but I would draw a stark contrast between living there and Cambodia, Pakistan, Venezuela or Russia - those are countries where law doesn't rule and personal safety is no guarantee.

As an aside - oh look at this neat thingy[2] a rule of law ranking - I had no idea it existed.

1. In theory, at least, the communist party appoints the chairman - a number of seats within this representative board are freely elected, though some are essentially super delegates that get a guaranteed seat. More on that here: https://en.wikipedia.org/wiki/Organization_of_the_Communist_...

2. https://worldjusticeproject.org/sites/default/files/document...

Re:'We good now China?' South Park creators issue mock apology by seanmcdirmid on Tuesday October 08, 2019 @03:11PM (#21195945)
None of China’s checks and balances proceed past theory. In reality, they just have a hierarchy and and as long as the top leader says something is ok, it is. Under Hu it was a bit better, since Hu was so weak, but in that case the result of the hierarchy breaking down was an increase in corruption.

Yes, China has laws and those laws are often enforced, you won’t get away with murder probably. But if an official feels like they want to intervene, all bets are off; the only recourse for justice are the whims of an even greater official.

And I’m not saying that China is a dangerous place to live: as long as you don’t go against the party’s (or a family member of such) interest, you aren’t going to be effected by a lack of rule of law (though you still have to be careful of rule by law). The pollution will kill you before anything bad happens to you in china’s legal system.

Re:'We good now China?' South Park creators issue mock apology by SllX on Tuesday October 08, 2019 @11:17PM (#21199688)
Are your interactions with the ruling sovereign within a given jurisdiction arbitrary or governed by Law?

Are the actions taken by the enforcement arm of the sovereign power fairly predictable according to the code of law they publish, or is there are there numerous uncodified “rules” you must also abide by?

Are political enemies executed or punished during regime changes, or are regime changes regular, peaceful and governed by law? Are the families of political enemies also punished?

Does the legislative power pass ex post facto laws or Bills of Attainder? Are property rights respected? Do laws pass through a formal process or at whim? Are Courts of Law and Equity independent?

Re:'We good now China?' South Park creators issue mock apology by freeopinion on Tuesday October 08, 2019 @01:55PM (#21195024)
So if the lady in China went down to the police station, called a lawyer, and got released 6 hours later, everything's ok?

If the folks in UK got released 2 months later, everything's ok?

Re:'We good now China?' South Park creators issue mock apology by jdm2212 on Tuesday October 08, 2019 @02:28PM (#21195412)
Rule of law is not about whether the outcome in a particular case is good or bad, or whether a particular law is good or bad. It's about whether the outcome is arbitrary, and whether you have recourse when the outcome does not align with the law as written. When the state can arrest people and imprison them (or release them) arbitrarily, you don't have rule of law.
Re:'We good now China?' South Park creators issue mock apology by philipov on Tuesday October 08, 2019 @04:13PM (#21196652)
Does that mean if the law says the police have arbitrary discretion to decide who to imprison, then the outcomes align with the law as written and you still have rule of law?

How about if the law is written so strictly that everything is an offense, such that it's impossible to enforce on everyone, and you choose to not enforce it against people you like? Any case where it is enforced, you can still point to the law and say the outcome aligned with it.

And what if the law unequivocally says a certain group of people are slaves, is this justified simply because the outcome is not arbitrary and there is a codified rule of law? Whether the law is right or wrong does matter.

Re:'We good now China?' South Park creators issue mock apology by jdm2212 on Tuesday October 08, 2019 @04:24PM (#21196798)
The relevant metric is whether you can reliably predict the outcome of almost any interaction with the government. If government actors are constrained by the law, you can reasonably predict what they will do. If the law is just a fig leaf, you won't be able to predict their behavior. No society is entirely autocratic or entirely governed by the rule of law, but they tend to cluster at one end or the other.
Re:'We good now China?' South Park creators issue mock apology by philipov on Tuesday October 08, 2019 @04:26PM (#21196819)
If I can predict that almost any interaction with the government will end in my destruction, that is not a sufficient standard of justice. The problem is not that chinese citizens can't predict the behavior of their government.
Re:'We good now China?' South Park creators issue mock apology by jdm2212 on Tuesday October 08, 2019 @04:39PM (#21196977)
Rule of law is necessary, not sufficient, for justice. You cannot have justice if you do not know what behavior will get you punished, and you cannot know what behavior will get you punished if the government can act arbitrarily with impunity.

Edit in reply to below: the issue in China is precisely that the government's response to criticism is unpredictable. If Xi Jinping criticizes Chinese policy, that means a new policy is now in place. If a random guy on the street criticizes Chinese policy... maybe he'll be fine? Or maybe not. Depending on where and to whom he says it and how nice public officials are feeling that day.

Re:'We good now China?' South Park creators issue mock apology by philipov on Tuesday October 08, 2019 @04:42PM (#21197000)
And the problem with China is not that it's lacking rule of law, but that the laws are unjust. It is easy to predict what will happen to you if you criticize the government.
Re:'We good now China?' South Park creators issue mock apology by landryraccoon on Tuesday October 08, 2019 @02:53PM (#21195729)
> So if the lady in China went down to the police station, called a lawyer, and got released 6 hours later, everything's ok?

If China elected Xi in a free and fair election, if they developed faster than light travel and clean fusion power then everything would definitely be ok!

But here in the real world I'd like to hear the story of this hypothetical Chinese lady who got a phone call, let alone a lawyer. Was she rich and a well connected communist party official? Or more likely this is just a made up happy fantasy, like warp drives?

Re:'We good now China?' South Park creators issue mock apology by freeopinion on Tuesday October 08, 2019 @03:53PM (#21196453)
The video of the Chinese lady is scary.

It also scares me that so many people are willing to say, "At least we have the rule of law unlike that video." If the end result is exactly the same, that's scary.

But also, as long as somebody can show you horrendous atrocities happening elsewhere, you are willing to let minor local infractions of the rule of law stream by? Just show orphanages getting carpet bombed and it's not a big deal if we mistreat immigrants. Show immigrants getting mistreated and it's ok if we arrest homeless for sleeping in the park.

When I was young, Germans were bad guys. Then Russians. Then Chinese or North Koreans. Back to Russians. Or Mexicans. Or Canadians. Fight for justice in Africa. Feel safe and secure in your own benevolent democracy.

Watch two videos of the exact same behavior and excuse one of them because it is happening in a place that practices the rule of law. Condemn the other because of their voting system.

Edit: the point is that neither is ok.

Re:'We good now China?' South Park creators issue mock apology by SomeOldThrow on Tuesday October 08, 2019 @01:46PM (#21194914)
Rule of law is used by all states regardless of quality. What makes China autocratic but, say, national security letters non-autocratic?