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-Smashing of Death Eaters?
-#########################
-
-:date: 2019-04-21T20:19:39
-:category: faith
-:tags: review, HarryPotter, blogComment, justice
-
-(my comments on “`Canon and the Moral Dimensions of Killing in
-War`_” thread on reddit)
-
-
-
-.. _`Canon and the Moral Dimensions of Killing in War`:
- https://www.reddit.com/r/HPfanfiction/comments/bf4n17/canon_and_the_moral_dimensions_of_killing_in_war/
-
-This is no question of agreeing and disagreeing with me. What I wrote
-was not exactly my opinion (which I specifically emphasized), but what I
-consider the prevalent notion among Europeans. Discussion here is very
-different from the one in the States (I lived there for five years
-studying for law-related PhD), because the basic milieu is given by the
-European Convention as “no” for the capital punishment, which is
-obviously the opposite of the normal in many US states.
-
-Considering my personal opinion, I have a legal education, so I spent
-many hours discussion pro- and contra- of the capital punishment. My
-conclusion of these discussion is that I understand a lot of reasons for
-it, but in the end I am mildly supportive of ECHR, mainly because of
-possibility of mistake. From the Harry Potter universe, if the mistake
-of Sirius Black happened in the world with the capital punishment, there
-would be probably no way how to rectify the mistake (or whatever it
-was). However, I am not much fanatical against it, and for example I
-have no problems with capital punishments for Nazi criminals given in
-the Nuremberg trials.
-
-I am a Christian (not a Catholic) and I respect a lot of the current
-pope, but I think his declaration that the capital punishment is
-eternally against the Gospel, is completely crazy. Not only it makes all
-great Catholic theologians (including couple of Doctors of the Church)
-opposing Gospel (which is mildly disturbing even to me), but I cannot
-imagine myself standing in the courtroom and accusing all those who
-voted for the capital punishment for Hermann Göring et al., that they
-are standing against the justice. I am not sure what I would vote for
-(and I am very glad I don’t have to make that decision), but certainly I
-could very much understand and approve decision of those who thought
-these monsters deserved to be hanged (in time when in the most countries
-there was an automatic hanging for one intentional murder).
-
-That’s for capital punishment. Concerning the morality of the killing in
-war, I think it is slightly more problematic than what I understand you
-suggest. I am not an expert on law of war, but if I recall correctly the
-legitimate goal of the war effort is to eliminate war-making power of
-the enemy with preference for preserving life and health of the other
-side (for example by capturing enemy soldiers and putting them in the
-POW camps, where they should be treated humanly). Thus, aerial carpet
-bombing of both England and especially of Germany in the later phases of
-the Second World War are highly problematic, not mentioning endless
-number of war crimes committed by both sides on the Eastern Front.
-
-I would highly disagree with your assessment of the First World War.
-
-1. I am highly suspicious of motives of any large power in the
- war (both French, Russians and to large extent British were
- very much willing and happy to enter into the war; Belgians et
- al. might be truly pure victims of the war), and I think the
- Article 231 of the Treaty of Versailles (War Guilt Clause) was
- just a piece of unjust anti-German propaganda hiding own
- French partial guilt for the war.
-
-2. Concerning the different results between the First and the
- Second World War. I really don’t think the difference was
- because Germany and Austria-Hungary was not sufficiently
- smashed. You know certainly your German history better than
- me, so you should know the state of the Germany after the
- First World War, and I think it is correct to say that both
- Germany, Austria-Hungary, and Italy were completely destroyed
- (Austria-Hungary literally, the other two were mostly
- non-functional for years, and especially in Italy there could
- be evidenced a clear link between the collapse of the
- government and rise of Fascism).
-
-3. I believe a way more important than the level of smashing was
- exact opposite: after the First World War destroyed countries
- were mostly left to their devices (whether the similarly
- ruined France and Britain were even able to help defeated
- countries is another question, but certainly there was no will
- to do so; if I recall correctly, the Keynes’ book had a little
- impact on the treatment of defeated), but immediately after
- the Second World War there was huge effort, first by UNRRA
- later by the Marshall Plan, to get all countries of Europe
- including the defeated ones to the functional state as soon as
- possible (and the true perpetrators of the war were actually
- punished, contrary to the First World War). Thus you had the
- hyperinflation of 1920s in Germany, but the Wirtschaftswunder
- of 1950s. That I think made the difference.
-
-Now, back to the Harry Potter universe. I think the problem of smashing
-of the Death Eater ideology is the different situation than after the
-Second World War. First of all, this was civil war and more than the
-true war, The Second Blood War was more law enforcement action capturing
-criminals. Yes, criminals were proportionally almost as powerful as the
-official government (which was captured by them), but still I think the
-fit result of the conflict was just punishment of all criminals
-(including collaborators and propagandist for the essentially racist
-ideology), not large scale killing of all Death Eaters and their
-friends. Tom Riddle fled from justice (which is quite ironic: he didn’t
-flee from the death in the end, but he did so from justice) in the same
-manner Adolf Hitler did, but whether the large scale criminals like
-Lucius Malfoy, Yaxley, Dolores Umbridge, etc. deserved the Kiss by a
-dementor (that’s probably the magical equivalent of the capital
-punishment, right?) is an interesting question. Aside from the morality
-of plea bargains (in case of Lucius Malfoy), which is another very
-complicated question, we actually don’t know what was the result of the
-Shacklebolt’s regime. There is not much (if anything) in the canon
-describing the post-War resolution. Epilogue is nineteen years later,
-and the situation may changed then a lot.
-
-I would hope there was some effort of dedeatheaterization or something
-like The Truth and Reconciliation Commission á la post-apartheid
-Southern Africa, which are more fitting answers to the post-civil war
-situation, but again the canon doesn’t say anything. There are some
-lovely fanfiction stories on that theme:
-
-- `Annals of Arithmancy by White_Squirrel`_ it is has finished
- with both of these: dedeatheaterization and The Truth and
- Reconciliation Commission. Yet, still the results are not quite
- completely satisfactory.
-
-- `Escape by SingularOddities`_ and especially `Mr
- and Mrs Percy Weasley by SingularOddities`_ (both of which are
- AU) deal with more realpolitik situation where the post-War
- government has to balance its relatively weak political
- position with efforts to re-establish the normalcy.
-
-- `Grave Days by Northumbrian`_ and his universe (which
- is probably the most canonical postwar fanon) don’t deal with
- the situation much at all: some people are punished, most
- important Death Eaters (sans Lucius Malfoy) are killed at
- Hogwarts, and some went to Azkaban for life, but mostly
- government is not significantly damaged and works as it
- should now back under the management of good people.
-
-- `The Weight of the After Paperyink`_ the (unfinished) story is
- mainly focused on the international criminal court organized by
- ICW, mostly about the psychological readjustment and PTSD from
- the Carrows treatment of students.
-
-.. _`Annals of Arithmancy by White_Squirrel`:
- https://archiveofourown.org/works/15287883
-
-.. _`Escape by SingularOddities`:
- https://www.fanfiction.net/s/11916243
-
-.. _`Mr and Mrs Percy Weasley by SingularOddities`:
- https://www.fanfiction.net/s/12373273
-
-.. _`Grave Days by Northumbrian`:
- http://www.siye.co.uk/siye/viewstory.php?sid=128596
-
-.. _`The Weight of the After Paperyink`:
- https://archiveofourown.org/works/8449852