The Mudcat Café TM
Thread #45492   Message #674012
Posted By: Wolfgang
22-Mar-02 - 11:14 AM
Thread Name: Knife at Texas School Issue
Subject: RE: Knife at Texas School Issue
"I was only obeying orders" is no defence for doing something you know to be unjust.

That's exactly the point where you still got it wrong, McGrath. You have to differentiate between 'may not' and 'must not' in following rules and orders. If someone is given the order to do something which is merely 'unjust' (s)he may not follow that order without being punished for that but also cannot be punished for following it.

If the order is to do something that is a crime you must not follow that order and can be punished for following it (all according to the Nuremberg principles).

In this case, the treatment of the student was injust but was not a crime and therefore "I am just following the rules" is a valid defense in the sense of the Nuremburg principles. Whatever you may think of these persons they cannot be punished for following the rules.

Wolfgang