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RE: Hmmm. Has this been discussed? - 12/1/2007 8:58:35 PM   
Invictus754


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quote:

ORIGINAL: SugarMyChurro
The 'Lectric Law Library's Lexicon On Battery
http://www.lectlaw.com/def/b012.htm

"A battery is the unlawful touching the person of another by the aggressor himself, or any other substance put in motion by him. It must be either wilfully committed, or proceed from want of due care. Hence an injury, be it never so small, done to the person of another, in an angry, spiteful, rude or insolent manner, as by spitting in his face, or any way touching him in anger, or violently jostling him, are batteries in the eye of the law. And any thing attached to the person partakes of its inviolability if, therefore, A strikes a cane in the hands of B, it is a battery."

-----

So again, we have nothing in the way of what passes for evidence on the internet from you, laurell3. Just your own bald assertions about how you are right and the rest of us just don't get "it."

Are you teaching a course in EST here?



Because, you know, what works for Dr. Phil on TV just might not fly here or in the really real world either.


Speaking of the real world, Sugar, it is obvious that you have never stood in front of a judge who is reading (and interpreting) said laws.  HE is the only opinion that counts, and no matter if you think the law says something, if the the judge thinks differently, you can hang it up.   The judge will decide if someone was 'jostled' or battery was committed. 

< Message edited by Invictus754 -- 12/1/2007 9:14:28 PM >


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RE: Hmmm. Has this been discussed? - 12/1/2007 9:03:10 PM   
GoddessMine


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The military is an institution to kill. The end, that's how it works, own up to it.
There are as many young, optimistic people in there - i.e., My husband, who really thought he was going to liberate Iraqis from tyranny, as there are assholidiots who openly admit to wanting to brutalize 'sand niggers'.
Noble? Maybe. It really comes down to education.

Love,
GM

< Message edited by GoddessMine -- 12/1/2007 9:04:08 PM >


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RE: Hmmm. Has this been discussed? - 12/1/2007 10:15:14 PM   
Lordandmaster


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OK, then we're on the same page.

Oh, and Sugar, you can always cite a statute.  Or a case.  Or a series of cases.  Anyone who knows how to find such references will be able to find them, and anyone who doesn't can keep his or her mouth shut (or, what's more likely, contribute a whole lot of ignorant bullshit that knowledgeable people can safely ignore).  Your main point was right--that Heretic's brand of vigilanteism isn't legal--and it got all screwed up because you cited Wikipedia or whatever as your source for the definition of "battery," and some people attacked your habit of citing Wikipedia instead of listening to what you were really trying to say.

quote:

ORIGINAL: laurell3

I think I already said that in the post you quoted.  There's no doubt it would be disturbing the peace or disorderly conduct if nothing else.  I'm not supporting the guy dropping his drink on people, obviously that's ridiculous.  That has nothing to do with my post about wikipedia.

I'm not sure I get your point.  I conceded that already.  That was not the point of the original post.

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RE: Hmmm. Has this been discussed? - 12/1/2007 10:30:00 PM   
TheHeretic


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quote:

ORIGINAL: Lordandmaster

Your main point was right--that Heretic's brand of vigilanteism isn't legal



          It amazes me how much furor can be stirred up with the notion that there might be consequences to behaving like an asshole.

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RE: Hmmm. Has this been discussed? - 12/1/2007 10:52:43 PM   
OrionTheWolf


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Own up to what? Is this directed at me? Not sure where the communication problem is if it is directed at me, as I said in both posts that soldiers that join should want to kick ass. If you want me to go further, I believe special no quarter units should be used in warfare. Then again I look at War, as seperate from the political crap it is today.

Orion


quote:

ORIGINAL: GoddessMine

The military is an institution to kill. The end, that's how it works, own up to it.
There are as many young, optimistic people in there - i.e., My husband, who really thought he was going to liberate Iraqis from tyranny, as there are assholidiots who openly admit to wanting to brutalize 'sand niggers'.
Noble? Maybe. It really comes down to education.

Love,
GM


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RE: Hmmm. Has this been discussed? - 12/1/2007 11:02:03 PM   
GoddessMine


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Oh, it wasn't directed at anyone in particular. Just simple thoughts on an institution people seem to have a knack for ignoring and criticizing simultaneously. That said, I don't support the military industrial complex. This is a whole 'nother topic

Love,
GM

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RE: Hmmm. Has this been discussed? - 12/1/2007 11:11:13 PM   
laurell3


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It actually doesn't seem we are on the same page at all LAM.  However, I will continue to hold my beliefs and knowlege of what the law actually is and point out misstatements of the law and you can continue to hold your belief that said misstatements are proper.

< Message edited by laurell3 -- 12/1/2007 11:16:10 PM >


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RE: Hmmm. Has this been discussed? - 12/2/2007 12:06:02 AM   
SugarMyChurro


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quote:

ORIGINAL: TheHeretic
It amazes me how much furor can be stirred up with the notion that there might be consequences to behaving like an asshole.


I bow low to your venerated expertise on the consequences of behaving like an asshole.



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Profile   Post #: 148
RE: Hmmm. Has this been discussed? - 12/2/2007 4:48:21 AM   
NorthernGent


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quote:

ORIGINAL: OrionTheWolf

I offered explanation. I would not offer excuse, because I reject your indictment.



Agreed. "Excuse" was the wrong choice of word on my part.

The soldiers are doing as ordered, as they should. Unless an order is in direct violation of the military code of justice, they are to obey orders.
 
The above, however, sounds like an attempt to justify their actions. Were the Kapos in concentration camps only following orders? 'Just as well some of us don't simply follow orders; otherwise, we'd still be living under the shackles of absolutism.

quote:

ORIGINAL: OrionTheWolf

Such is life. I guess I am cold, but I remove emotion from my decision making process, when it is applicable.



Ah yes, back to the ideas of our friend Nietzsche and his attempt to remove pity from his character. Some believe he had a hideous reawakening of his values which sent him into insanity, as exemplified by putting his arms around a horse which was being beaten as his last gesture before descending into madness.

Empathy is part of what makes us human beings. Remove the consequences of this action from the decision making process, e.g. widespread misery, and we're moving towards robots, maybe killing machines, rather than gods.

quote:

ORIGINAL: OrionTheWolf

It is a noble act, based upon perception. Are you asking why I consider it noble? To sacrifice part of your life, for the community, is seen as noble by me. Other opinions may vary. There is no logical arguement for or against, as the perception of noble is based upon one's ethics and morals. Obviously yours and mine, do not align.



Of course there's a logical argument against. There's no truth in this matter, I grant you, but there is no reason for personal ethics to go unquestioned. To sacrifice part of your life for the community? the consequences be damned? As a responsible human being, I'd like to think I have a duty to regulate my behaviour, understand the consequences of my actions and have no right to impose misery on others: you'd be hard pushed to argue that imposing misery on others in an attempt to readjust their value system, is of high moral quality.

quote:

ORIGINAL: OrionTheWolf

Your opinion that it is seriously out of order. I say that anyone that wishes to be a soldier, at any time, should have the drive to want to kick some ass. It is called motivation and killer instinct. Those that join to be engineers, may want to build schools, those that join wanting to be medics, may want to help the populace.



'All due respect, you're repeating yourself rather than respond to what is being laid before you.

In the context of this discussion, are you suggesting that joining up to satisfy a bloodlust to kill foreigners is a noble act, or something entirely different?


quote:

ORIGINAL: OrionTheWolf

Sure. Over 200 years ago my country was under tyranical rule, so a group of pioneers banded together to form their own nation, and through use of violence broke the chains of tyranny.



The Iraqis are in a similar situation: an occupying force has set up shop in their country.

quote:

ORIGINAL: OrionTheWolf

Are you sure this is a debate that would be useful?



Why wouldn't it be?

Edited to sort quotes.

< Message edited by NorthernGent -- 12/2/2007 4:49:29 AM >


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RE: Hmmm. Has this been discussed? - 12/2/2007 5:18:38 AM   
Lordandmaster


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I thought we had resolved all this, but now I guess we haven't.  What "misstatements" do I believe are proper?  The only misstatement I can find is when you said that you know of jurisdictions where pouring soda on someone's head wouldn't be considered an offense.  That was right here.  (And Alumbrado, cut the mens rea nonsense; we're not talking about pouring soda in order to keep someone from burning to death.)

quote:

ORIGINAL: laurell3

It actually doesn't seem we are on the same page at all LAM.  However, I will continue to hold my beliefs and knowlege of what the law actually is and point out misstatements of the law and you can continue to hold your belief that said misstatements are proper.

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RE: Hmmm. Has this been discussed? - 12/2/2007 5:25:23 AM   
Alumbrado


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The mens rea element is nonsense, hmmm?

Sorry that you find the facts on how the CJ system works in real life inconvenient to your fantasy of being a legal expert.

Best you stay as far away from reality as you can, you seem to be allergic to it.

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Profile   Post #: 151
RE: Hmmm. Has this been discussed? - 12/2/2007 6:09:45 AM   
juliaoceania


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quote:

ORIGINAL: Alumbrado

The mens rea element is nonsense, hmmm?

Sorry that you find the facts on how the CJ system works in real life inconvenient to your fantasy of being a legal expert.

Best you stay as far away from reality as you can, you seem to be allergic to it.


Huh? It is very easy to make such statements with not actually offering any substance to back it up.

_____________________________

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RE: Hmmm. Has this been discussed? - 12/2/2007 7:33:56 AM   
Real0ne


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That and its irrelevant since rich said he would simply "claim an oops" to get away with it.  (hence the jury already knows the truth that it was not an accident and it was not mensre)

It was maliscious and on purpose.

(it alwasys strikes me as being funny when people who appear to believe most earnestly the government would never do such a thing to their people are the first to use the same tactics themselves with in the scale of their personal resources)

standard neocon installment of the principles of freedom! lol








< Message edited by Real0ne -- 12/2/2007 7:38:40 AM >


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RE: Hmmm. Has this been discussed? - 12/2/2007 7:56:43 AM   
juliaoceania


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quote:

ORIGINAL: Real0ne



That and its irrelevant since rich said he would simply "claim an oops" to get away with it.  (hence the jury already knows the truth that it was not an accident and it was not mensre)

It was maliscious and on purpose.

(it alwasys strikes me as being funny when people who appear to believe most earnestly the government would never do such a thing to their people are the first to use the same tactics themselves with in the scale of their personal resources)

standard neocon installment of the principles of freedom! lol









That was rather insightful...

_____________________________

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RE: Hmmm. Has this been discussed? - 12/2/2007 7:57:42 AM   
Alumbrado


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quote:

ORIGINAL: juliaoceania

quote:

ORIGINAL: Alumbrado

The mens rea element is nonsense, hmmm?

Sorry that you find the facts on how the CJ system works in real life inconvenient to your fantasy of being a legal expert.

Best you stay as far away from reality as you can, you seem to be allergic to it.


Huh? It is very easy to make such statements with not actually offering any substance to back it up.


As opposed to your 'standing by' imaginary statements?  Keep up the fantastic work.

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RE: Hmmm. Has this been discussed? - 12/2/2007 8:45:00 AM   
OrionTheWolf


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quote:

ORIGINAL: NorthernGent

quote:

ORIGINAL: OrionTheWolf

I offered explanation. I would not offer excuse, because I reject your indictment.



Agreed. "Excuse" was the wrong choice of word on my part.

The soldiers are doing as ordered, as they should. Unless an order is in direct violation of the military code of justice, they are to obey orders.
 
The above, however, sounds like an attempt to justify their actions. Were the Kapos in concentration camps only following orders? 'Just as well some of us don't simply follow orders; otherwise, we'd still be living under the shackles of absolutism.


Sometimes people do offer that as justification. If you look at the military code of justice, it pretty well determines many things as unlawful, and a soldier, marine, airman, or sailor, may not use the excuse of following orders if they go against the code.
quote:


quote:

ORIGINAL: OrionTheWolf

Such is life. I guess I am cold, but I remove emotion from my decision making process, when it is applicable.



Ah yes, back to the ideas of our friend Nietzsche and his attempt to remove pity from his character. Some believe he had a hideous reawakening of his values which sent him into insanity, as exemplified by putting his arms around a horse which was being beaten as his last gesture before descending into madness.



Actually my idea of warfare would fall under Sun Tzu, not Nietzsche. I do not believe in everything Nietzsche says, and I do not consider him an idol. I do not believe we should remove emotion from everything, if you read closely what I wrote, notice the part I have put in bold.

quote:


Empathy is part of what makes us human beings. Remove the consequences of this action from the decision making process, e.g. widespread misery, and we're moving towards robots, maybe killing machines, rather than gods.


I agree in part, but not in warfare. The object in warfare is to defeat the enemy. If civilian casualties can be reduced, without sacrificing operational objectives, then fine, but things must be prioritized. Then again I am likely consider a robotic, killing machine by some.

quote:


quote:

ORIGINAL: OrionTheWolf

It is a noble act, based upon perception. Are you asking why I consider it noble? To sacrifice part of your life, for the community, is seen as noble by me. Other opinions may vary. There is no logical arguement for or against, as the perception of noble is based upon one's ethics and morals. Obviously yours and mine, do not align.



Of course there's a logical argument against. There's no truth in this matter, I grant you, but there is no reason for personal ethics to go unquestioned. To sacrifice part of your life for the community? the consequences be damned? As a responsible human being, I'd like to think I have a duty to regulate my behaviour, understand the consequences of my actions and have no right to impose misery on others: you'd be hard pushed to argue that imposing misery on others in an attempt to readjust their value system, is of high moral quality.



My statement stands, and I will not restate it. Pacifist just do not seem to get it, I suppose. The politically correct that wish to save everyone that is experiencing any type of misery, want to save them all. I consider most of what occurs, natural cycles for the human race. Instead of evolving in areas of understanding and negotiation, we advance the areas of killing and death.

If the consequences of joining the military means misery of others, show compassion, but never show pity. If something is done wrong, be ashamed, but do not feel guilty. Pity and guilt are worthless, and crippling emotions to our development. If things were done inappropriately, in violation of the military code of justice, then hold those people responsible.

As far as high moral quality, we would first have to list out our morals, comapre them, and come to a concensus on that, before we could attmept to agree on what is high moral ground.
quote:


quote:

ORIGINAL: OrionTheWolf

Your opinion that it is seriously out of order. I say that anyone that wishes to be a soldier, at any time, should have the drive to want to kick some ass. It is called motivation and killer instinct. Those that join to be engineers, may want to build schools, those that join wanting to be medics, may want to help the populace.



'All due respect, you're repeating yourself rather than respond to what is being laid before you.

In the context of this discussion, are you suggesting that joining up to satisfy a bloodlust to kill foreigners is a noble act, or something entirely different?



If that is the only reason, I would say that it meets the criteria of anti-social behavior and overt aggressive acts, so it would not only not be noble, it would by psychopathic. There is still a use for those individuals in warfare, but they should be placed in units that will not come into contact with non-combat personel.
quote:


quote:

ORIGINAL: OrionTheWolf

Sure. Over 200 years ago my country was under tyranical rule, so a group of pioneers banded together to form their own nation, and through use of violence broke the chains of tyranny.



The Iraqis are in a similar situation: an occupying force has set up shop in their country.


Not very similar. The US did not colonize this area, subject them to extremely high taxes, and then ignore anything they had to say. The only similarity is warfare, and the Iraqi soil is occupied. Now ask yourself, does the Iraqi government want them there or not? Does the Iraqi government fear the further chaos that will insue, once the US leaves?



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RE: Hmmm. Has this been discussed? - 12/2/2007 8:45:18 AM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
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quote:

ORIGINAL: Real0ne



That and its irrelevant since rich said he would simply "claim an oops" to get away with it.  (hence the jury already knows the truth that it was not an accident and it was not mensre)

It was maliscious and on purpose.

(it alwasys strikes me as being funny when people who appear to believe most earnestly the government would never do such a thing to their people are the first to use the same tactics themselves with in the scale of their personal resources)

standard neocon installment of the principles of freedom! lol




          Now don't go giving all the credit for such a time-honored tradition to Conservatives alone, Real.  Remember the AF's 'oops' at the Chinese Embassy during the Clinton Administration?

          I have trouble believing that someone such as yourself doesn't embrace the idea of jury nullification either.

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That's why people with no sense of humor have such an inflated sense of self-importance.


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Profile   Post #: 157
RE: Hmmm. Has this been discussed? - 12/2/2007 8:47:53 AM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
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quote:

ORIGINAL: SugarMyChurro

I bow low to your venerated expertise on the consequences of behaving like an asshole.



         As is fitting, Sugar.  That sig line down there isn't something I copied off a t-shirt.

_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


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Profile   Post #: 158
RE: Hmmm. Has this been discussed? - 12/2/2007 11:32:11 AM   
NorthernGent


Posts: 8730
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quote:

ORIGINAL: OrionTheWolf

Pacifist just do not seem to get it, I suppose.



This is nothing to do with pacifism, Orion.

Basically, your lot in Iraq are a pack of bullies.

Boxing is called the "noble art" and, in part, this is due to the fact that two like minded individuals want to go at it. Both boxers are game and up for the scrap. They're prepared to give a bit, and take a bit, in order to test themselves and understand what they're made of. The Iraqis aren't like minded individuals, they never wanted this scrap, nor do they have anything like the firepower to compete. The US army has dropped bombs and devastated areas; there's nothing noble about that, they're bullies simply "kicking ass" against a people who are at a serious disadvantage due to the discrepancy in relative firepower. There was a newspiece over here showing (and interviewing) Americans in tanks shooting things like it's a computer game: how keen would they be if the Iraqis were coming at them with tanks, planes and bombs capable of taking out an entire village? Those Americans and their ilk wouldn't look out of place at a zoo.

Has the principle of consent been lost in all of this? Is this not an ethic that should stand in this regard? As said, boxing is called the noble art because like-minded, game individuals pit their wits against one another in an evenly matched contest with regard to weight and quality. Iraq is pure bullying on the part of the United States.

quote:

ORIGINAL: OrionTheWolf

The politically correct that wish to save everyone that is experiencing any type of misery, want to save them all.



It's a mistake to attempt to go down the avenue of political correctness; moreover, it's a red herring.

quote:

ORIGINAL: OrionTheWolf

If the consequences of joining the military means misery of others, show compassion, but never show pity. If something is done wrong, be ashamed, but do not feel guilty. Pity and guilt are worthless, and crippling emotions to our development. If things were done inappropriately, in violation of the military code of justice, then hold those people responsible.



I agree with the guilt point, but who is going to hold your soldiers accountable for Iraq? Certainly no one on this board, because "they're only following orders".

quote:

ORIGINAL: OrionTheWolf

If that is the only reason, I would say that it meets the criteria of anti-social behavior and overt aggressive acts, so it would not only not be noble, it would by psychopathic.



Agreed.

quote:

ORIGINAL: OrionTheWolf

Not very similar. The US did not colonize this area, subject them to extremely high taxes, and then ignore anything they had to say. The only similarity is warfare, and the Iraqi soil is occupied. Now ask yourself, does the Iraqi government want them there or not? Does the Iraqi government fear the further chaos that will insue, once the US leaves?



Of course they've colonised the area. They've seized Iraqi oil assets and handed the funds out as they see fit, they've attempted the same "shock therapy" tactics they tried in Russia in 1991 which is clear the decks, start from scratch and create a market democracy i.e. the American way. They've built an embassy the size of a village, they've handed out contracts right, left and centre to companies like Bechtel. They sacked senior Iraqi officials at one point. They've been colonised alright, the aim is to create a system open to US economic interests, is this not colonisation?

_____________________________

I have the courage to be a coward - but not beyond my limits.

Sooner or later, the man who wins is the man who thinks he can.

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Profile   Post #: 159
RE: Hmmm. Has this been discussed? - 12/2/2007 12:45:33 PM   
Lordandmaster


Posts: 10943
Joined: 6/22/2004
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Unbelievable.  It's nonsense because it's patently irrelevant to what we're talking about.

You people just want to argue.  I'm done with this thread.

Oh, one last note: in related insanity, the Pittsburgh Steelers are being criticized for starting last week's storm-drenched game without singing the national anthem first:

http://www.denverpost.com/broncos/ci_7606500

quote:

ORIGINAL: Alumbrado

The mens rea element is nonsense, hmmm?

Sorry that you find the facts on how the CJ system works in real life inconvenient to your fantasy of being a legal expert.

Best you stay as far away from reality as you can, you seem to be allergic to it.

(in reply to Alumbrado)
Profile   Post #: 160
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