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Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by berryjerry on Friday July 10, 2020 @02:12AM (#23788666)
I find your use of "we" interesting because you clearly identify as part of the group that committed those acts hundreds of years ago. How long should a child be responsible for the crimes of their fathers? As an example, assume your father killed someone and stole $1000 dollars from them. You never knew about this didn't choose for him to do this but now someone is coming after you saying you must pay them $1000. You find out it's all true, your father did murder and steal $1000 and you indirectly and unknowingly benefited from that. Should you legally be forced to pay back that $1000 dollars? But the person is dead, should you have to pay that dead person's son $1000? Should you and any siblings have to divide that sum up and pay back the $1000 collectively? Let's say you have already spent every dime you have on meals out. Should you go to jail because you can't pay back the $1000 your father stole? I think these agreements which weren't honored are equal to theft but how long down the line must you pay for the crime of being born in that situation and pay others that were born into the opposite side of the theft. Even with as close a relation as a father, I find it hard to believe that a child should be responsible for their parents wrong doing. But now assume that not only were you not related to that person who stole $1000, you simply don't have the heritage that the murdered man has. Now assume that hundreds of years have passed and now someone is still asking to collect that $1000 from you. I find it very difficult to find the moral obligation to pay back that money when the people who were the actual victims are long dead, the people who committed the theft are long dead, and there is no connection between your actions and the theft. Voluntary payments I would be all for but using tax money which is essentially taken by force, as if you don't pay taxes you will go to jail, that kind of thing seems very wrong. I would not blame a child for their father's sins.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by stormbrew on Friday July 10, 2020 @02:41AM (#23788830)
This analogy falls apart rather quickly when you recognize that the north american indigenous population still suffers greatly under legal systems built on the treaties that weren't even honored while the descendants of those who perpetrated great crimes against them collectively constitute the greatest mass of wealth in the history of the world while also pretending to have done nothing wrong.

Re-do your analogy but now it's that your dad killed someone and stole the deed to his land, found oil on it, and is now one of the richest people in the world and the person he killed's kid is now on the street begging for cash and tell me again how little you owe that kid who's father's land gave you your trust fund and your college education.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by tremon on Friday July 10, 2020 @09:49AM (#23791428)
tell me again how little you owe that kid

That's actually not that hard to do, both from a legal and a moral standpoint. Legally, the "you" in your analogy has never committed an unlawful act and is therefore not personally beholden to any restitution to the victim's side. It is the purveyance of a well-functioning justice system to provide adequate restitution for victims of crimes, but that does not extend to a personal obligation on people that had no part in said crime.

Morally, the story is a bit more convoluted but your premise falls back to the theory of original sin: that people can be personally held responsible for their heritage. In the past two-thousand years it has been proven a very powerful argument because it "feels" right, but at its core it is still a rejection of the individualist premise that all people are born equal. And I'm still on the side that believes all people should be born equal, even though that stance seems less and less prevalent nowadays. Once you start arguing for collective punishment of past crimes, it's very hard to argue your case without at the same time defending the same practice throughout many wars in history, and now explicitly outlawed in the Geneva Conventions.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by stormbrew on Friday July 10, 2020 @12:12PM (#23793002)
Original sin is the idea that a dude ate an apple some number of thousands of years ago and an all powerful (and allegedly all knowing) being got grumpy at him for it for some reason and now we all suffer for his intransigence.

In fact, the concept of original sin requires that we exist in a state of punishment for that sin permanently, not that we continue to benefit from it by, again, existing in the wealthiest civilization that has ever existed on this planet.

This is again a poor analogy, framing us as victims of an aggressor who wants something from us that we cannot give.

As for the geneva conventions, please note that colonial relations to indigenous people violated just about every single one of the geneva conventions. Forced resettlement, biological warfare, collective punishment, the destruction of non-military targets -- it is not "collective punishment" to expect there to be at least a moderate reparation for crimes committed. What is even the point of the concept of "war crimes" if you can get away with them just because "oh it's been too long".

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by pessimizer on Friday July 10, 2020 @12:21PM (#23793109)
If you unintentionally buy stolen property, should you be obligated to return it to the original owner (with adequate proof of such) when requested? If you are forced to return it, are you being held responsible for your heritage?
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by dependenttypes on Friday July 10, 2020 @02:57PM (#23794990)
Would you support the return of Armenians and Greeks to Turkey along with their historical land being given to them?
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by berryjerry on Friday July 10, 2020 @03:18AM (#23789015)
I think it is a false dilemma to assume that either person would become rich by means of owning the land at that time. The second the land was stolen it's future was changed forever but that does not change the original value of the stolen land. I assume the land was bought and sold between many parties before the person who finally found oil and became rich owned it, and assuming a tribe recognized ownership at the time the person who had the oil rich land stolen may not even have been of that tribe under an alternate timeline. I do understand the point though that the greater the size of the theft, the more reason to give back but I wouldn't go as far as to say there is an obligation by society in general towards that murdered man's grandchildren. I think the analogy still stands, in that the victim is long dead, the thief is long dead, and there was no crime knowingly committed by the living. I also think if we referred to the country of Spain as the "Spanish Tribe" and the country of England the "English Tribe" and the Colonists the "Colonist Tribe" and said they were warring with each other, then we probably would not even have this conversation.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by myspy on Friday July 10, 2020 @03:50AM (#23789162)
Some crimes are not forgotten.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by NalNezumi on Friday July 10, 2020 @04:05AM (#23789245)
This is a false analogy because unlike money (representation of value), land is not consumed and disappear.

A better analogy would be: your grandparent barged in to a persons house at gun point, demanded him to hand over his house. The owner obviously resist, and your grandpa tells the original owner that he will be given his house back in a couple of years(legally signed) to ease the resistance. This paper was also signed "with the current owner of the house", in mind(in case grandpa dies).

Now the original owner lives on the street, his grandchilden the same. Each generation have always asked "when would you live up to your promise?" to the descendant of your grandpa (current owner of the house) each year.

Now you can of course discuss if you should give additional compensation for their suffering, but the original contract still stands, and you've always been obliged to follow it. It's not about blame.

disclaimer: I'm in general in agreement with you that I don't think a child should be blamed for their ancestors sins.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by SambalOelek on Friday July 10, 2020 @09:12AM (#23791106)
I am quite surprised to see this default-to-no-action comment here on HN. Sometimes, a problem isn't your fault, but you are still compelled to fix it. If people have this attitude, then "we" (as a species) are absolutely screwed vis-a-vis climate change. In a generation, nobody is going to be around who did all the polluting, and hopefully everyone doesn't just sit around saying "Well I didn't do it!"
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by jaybeeayyy on Friday July 10, 2020 @12:46PM (#23793419)
Is that really surprising on HN? IME there's always been a pretty big politically right leaning presence on here.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by StanislavPetrov on Friday July 10, 2020 @03:16AM (#23789005)
>How long should a child be responsible for the crimes of their fathers?

This is a fundamentally flawed analogy. Our government - the same government that has existed since these treaties were signed - is still around.

> I find it very difficult to find the moral obligation to pay back that money when the people who were the actual victims are long dead

The question of a "moral obligation" is entirely irrelevant and unrelated to our government's legal obligation to uphold the treaty that our government signed.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by itsokimbatman on Friday July 10, 2020 @10:43AM (#23791929)
By “we” he means the United States Government. Unlike the father in your example, the USG is still around and still responsible for its actions. As such, I see no moral issue with requiring it to make restitution. If we don’t want to raise additional taxes to do so we can always make some small cuts to military spending or some other bloated program to pay for it.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by CathedralBorrow on Friday July 10, 2020 @06:10AM (#23789877)
> I would not blame a child for their father's sins.

I think you are making this too much about personal blame, and sin, and ego. Your analogy falls apart right out of the gate because the premise is off. It's not about placing blame or making you feel bad.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by Muromec on Friday July 10, 2020 @08:07AM (#23790671)
>I find your use of "we" interesting because you clearly identify as part of the group that committed those acts hundreds of years ago. How long should a child be responsible for the crimes of their fathers?

As long as restitution has not happened and you are still profiting from the act of wrongdoing and the victim (or their descendants) are still suffering from it. It's pretty simple, isn't it.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by CryptoBanker on Friday July 10, 2020 @06:38AM (#23790059)
It's not just about the literal land and dollars stolen. That theft has contributed to the way that American society sets Native Americans up for failure and repression. That is a systemic inequality that is never too late to correct
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by Cthulhu_ on Friday July 10, 2020 @04:16AM (#23789311)
You're taking a crime that was done to multiple nations and millions of people and trying to turn it into an analogy in a family's personal history, which isn't right; it's nowhere near in the same scale.

The facts are that the colonists / invaders genocided and displaced the original inhabitants of a continent and moved the survivors into reservations, probably to avoid it going down history as racially motivated genocide entirely.

Sure, you didn't do it, your ancestors probably didn't have anything to with it (or the slave trade for that matter), but that doesn't mean you shouldn't fight for other people's rights. They still suffer under what happened a hundred-and-then-some years ago, they are a people whose country was taken from them, whose culture was (attempted to be) erased, and who today what little they got as a consolation has also been attempted to be taken from them because said consolation actually did have some value.

Your analogy is wrong, oversimplified and trivializing the issue.

[dead]
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by danShumway on Friday July 10, 2020 @09:38AM (#23791339)
I have no personal guilt over my ancestors. I have sympathy for the problems they created, and I have some culpability in benefiting from them. But it's not about guilt. The problem hasn't been fixed yet, and we are responsible for fixing it.

Since HN is the world of programming analogies:

I inherit a broken, bug-filled codebase when signing on for a new job. A year into continued development, a team mentions to me that the codebase is utterly broken for one of the tasks it was designed to do.

I respond, "why are you trying to make me feel guilty about code I didn't even write? The problem with programming 'outrage culture' is we have all these people talking about the flaws of jQuery and coupled interfaces and inadequate testing. It's not my fault the codebase suffers from those problems. I'm a good programmer."

The argument stops sounding reasonable in that context, because we recognize that fixing the code isn't about anybody's ego. Similarly, it is impossible to have a productive conversation about reparations when someone is spending all of their time trying to defend that they're a good person.

In reality, nobody cares about your guilt and nobody cares about whether or not you pass some kind of magic threshold where you can be considered 'good' or 'bad'. The entire question is worthless. They just want the problems fixed, and "we" collectively as a nation are responsible for refactoring and addressing problems that exist in the current systemically biased laws/treaties that we inherited.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by leetcrew on Friday July 10, 2020 @01:12PM (#23793750)
I don't think this is a particularly good analogy either. you don't have some moral obligation to fix up the old code for the other team. you do it because that's what you're getting paid for. if you really don't feel like fixing it, there's nothing wrong with quitting the job.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by danShumway on Friday July 10, 2020 @03:52PM (#23795631)
Point taken, but I'm not sure what quitting a democracy looks like. I guess legislators in Oklahoma are free not to run for government positions? And citizens are free to either stop voting, or possibly move to a different state?

But my instinct is that if someone says to me, "I don't want to deal with fixing inherited broken systems", at the very least my response to that is going to be something along the lines of, "that's fine, but then don't get in the way of other people who are fixing them."

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by CathedralBorrow on Friday July 10, 2020 @06:13AM (#23789894)
What is this obsession with some people in thinking this is all about making them "feel bad"? Feels like such a self-centered point of view.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by StanislavPetrov on Friday July 10, 2020 @03:18AM (#23789012)
Whether or not you are a terrible person has nothing to do with legal obligations. If your ancestors took out a loan and signed a lien against a property, that doesn't just go away if they die. Its a legal contract. The whole "white guilt" argument about some sort of collective burden that people are supposed to bear is entirely unrelated to a codified, legal treaty signed by our government.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by astrange on Friday July 10, 2020 @03:40AM (#23789115)
> If your ancestors took out a loan and signed a lien against a property, that doesn't just go away if they die. Its a legal contract.

This is true, but only because liens are special, not because it's a contract. You're not a party to your ancestors' debts or contracts if they die. At most, their estate is.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by StanislavPetrov on Friday July 10, 2020 @04:05AM (#23789248)
Oklahoma is our country's estate.