>The important point here is that the binding force of proicedurally
>correct law is a matter of degree. Our laws have more such force
>than those of antebellum America because our procedures (including
>protections for minorities) are better. The laws of the Nazis had no
>force whatsoever except the laws that happened to coincide with
>independent demands of morality or social cooperation. (Like
>everyone driving on one side of the road.)
The criminal laws of the US are more outrageous in some ways. In particular the draconian penalties written into criminal statutes, which are designed to coerce those accused of a crime to give up their right to a trial and thus designed to undermine the presumption of innocence.
It might be argued that the outright abolition of personal rights and freedoms implemented by the nazis was at least more honest and above board. At least they didn't make sickening claims that minorities enjoyed equal rights.
"Democracy" doesn't validate a legal framework if the framework is implemented under false pretenses.
Bill Bartlett Bracknell Tas