Keep in mind you're talking to a guy who never locks his car and front door because that denies due process to others, who must be presumed to have the right to enter until proven not to.
A country is not like a private home and car. Although it may make me an asshole, I'm perfectly entitled to kick out guests at my home I don't like the color of their socks. An individual is not bound by the prohibition of arbitrariness, the state is. No-one has a right to be enter my house unless I explicitly grant them that right, which I'm entitled to do on an entirely arbitrary basis. Whether or not an individual is allowed to enter a
state, or is to be granted any other right, is a decision that must be based on
facts.
Indeed, and that's waht we are saying: If a person wants to enter a country, the due process is for the applicant to make his case that he should be allowed to enter based on facts.
Indeed, you say? After I just demolished your analogy by pointing out the rather obvious fact that entry to a private home is in no way parallel to entry into a country?
Once again, you seem to have lost track of the discussion. I and Jayjay where debating his proposal...
That appears to have been intended for me even though it's a response to Jayjay, so I'll cut in.
No, you did not demolish my analogy; you merely pointed out one specific and immaterial way in which the two compared situations are not parallel, and then you made a hasty generalization to the conclusion that they are in no way parallel. The entire point of analogies is to draw attention to similarities between two different situations; hence there is
always some respect in which the two are not parallel. If that were sufficient to demolish an analogy then analogies would be useless.
The difference in the permissibility of arbitrariness is immaterial to the points at issue in the discussion because nobody is attempting to rely on the fact that you can throw somebody out of your house because you don't like the color of their socks to conclude that nations should empower border guards to make arbitrary decisions about whom to admit and let them turn people away for wearing green socks. Whatever entry policy the inhabitants of a country decide on, they should of course enact through a legal procedure, and publicize. You know, sort of like one of those "No shoes, no shirt, no service." signs Jayjay referred to.
No, the way in which entry to a private home is parallel to entry into a country is that you extended the concept of
in dubio pro reo -- and if you get to extend that concept, I get to as well when I'm constructing an analogy. You extended it from a person accused of wrongdoing to a person who on his own initiative is asking the inhabitants of a country to take him into their territory, to take risks on his behalf, and to provide him with goods and services at their expense. Those inhabitants no more have burden of proof in choosing whether to decline than you have burden of proof if some stranger wants to walk into your house without an invitation. If against all odds he really does have a right to enter your house, you don't know that, so you are perfectly within your rights to tell him to come back with a sheriff's deputy and a court order. Likewise, if he shows up at the border without papers but claims he has a legal right to enter a country, the border guards are still within their rights to tell him to go to the consulate during normal business hours where officials can evaluate his application and issue the proper paperwork, assuming that's the procedure the country's entry law specifies. That's no more a violation of
in dubio pro reo than you locking your door and thereby arbitrarily excluding rightful entrants who happen to have no key. The arbitrariness with which a homeowner may exercise his rights isn't the issue; the issue is your attempt to reverse burden of proof.
... that, since some asylum seekers are known to have thrown away there papers, we should summarily bar all who are found without papers, thereby presuming that they are among those who threw away their papers without evidence and thereby denying them the chance to make the case for why they should be granted asylum. That is giving up due process.
I thought due process was a core Western value? I thought you guys were about protecting Western values? Do you see the contradiction?
"Due process" is not a mystical mantra that authorizes you to put burden of proof on whomever you sympathize with less. If a country just opens the gates and lets a hundred thousand people who say their papers were stolen come in and settle while their claims are being adjudicated, and which afterwards will inevitably make only a feeble effort to round up the ones whose claims are denied, then where's the due process for an inhabitant who would prefer not to be beaten up by any of the fifty thousand entrants who want to beat him up for being gay, and who has a legal right to exclude the ones with no legal basis for their asylum claims? When does he get a chance to make his case before getting beaten up?
I for one don't want to live in a Europe where the principle of due process is exchanged for a principle of "due process - for Aryans".
Jayjay did not propose that Europe should decide Aryans lost their papers and non-Aryans threw them away. You are making a groundless insinuation of racism in an attempt to gain a rhetorical advantage. Do you for one want to live in a Europe where policy decisions are made based on ad hominem propaganda instead of on reasoned argument?