It's not easy, running a gulag

[Soulforged]

No, what struck me was the ease with which you and Pindar brushed aside the universality of certain human rights, the very concept of it, and your legalistic view of the law. Within the scope of the current argument that the DHR carries no legal status, I can see what you are arguing, and why.

I've to leave something very clear, I'm all about human rights. Between those human rights (politic rights) there's one called the right to self-determination, this is at the center of the UN spirit, and it doesn't matter how contrived it might seem, the americans have decided that none of the Conventions should be ratified, and on this situation I cannot argue more than from a moral point of view, from that moral point of view I see this detention centers as aberrations, but it's an american aberration only...

But in general, would you not accept that positive law is not, nor should be, the final word in legality? (Christ, I really need to brush up on my legal jargon)
It is my understanding that law students here, judges in particular, get taught that morality must override the law in cases of gross immorality. For example, the next time somebody issues immoral racial or genocidal laws again, judges are expected not to sanction them in court again.

Judges must return, at least in my legal system, to moral principles only as ultima ratio, there's a lot that they've to observe first in order to reach that point. This is simply because every case has to reach a resolution. My opinion is that that shouldn't change, processes and forms should be respected in principle everytime because outside them there's chaos, and this rule should be observed with more care as we escalate on the importance of the position and the decision. There's a process that we can access in my country outside our legal limits, wich is the international process for human rights. As I said this has to be put on context as the US has not accepted such process before the corresponding organs, though I'm of the opinion that they should have done it. What you said is very important Louis, and if now we have certain moral rules introduced in the rigid and sometimes injust structure of law is because of the estimuli of the philosophy of Natural Law. But this same philosophy confuses doctrine with identification too much for the good of its own coherence. There's no need to accept the premises of Natural Law to gain its advantages.