Quotulatiousness

May 7, 2014

“[T]he embarrassingly dumb pseudo-issue of ‘thick’ versus ‘thin’ libertarianism”

Filed under: Liberty — Tags: , , , — Nicholas @ 07:03

L. Neil Smith has been off working on a pair of novels, so he only recently heard about “thick” and “thin” libertarianism. He’s underwhelmed:

One item that has broken through my self-imposed “cone of silence” is the embarrassingly dumb pseudo-issue of “thick” versus “thin” libertarianism. It’s an idea almost as stupid as “right” versus “left” libertarianism.

Read and understand this: a libertarian is a person who believes that no one has the right, under any circumstances, to initiate force against another human being for any reason whatever; nor will a proper libertarian advocate the initiation of force, or delegate it to anyone else.

Individuals who act consistently with this principle are genuine libertarians, whether they realize it or not. Those who fail to act consistently with it are not libertarians, regardless of what they may claim.

I call it the “Zero Aggression Principle”. Tell me: where’s the “right” and “left” to that? You’re either libertarian or you’re not. Period.

If I understand the pushers of this new conceptoid, they believe — and insist — there must be more to libertarianism than the Zero Aggression Principle, that we must incorporate into the movement and its underlying philosophy concerns that properly belong to creatures who have dirtied the word “liberal” so badly they now call themselves “progressives”.

Since I first became a conscious libertarian, 52 years ago (when you get to be my age, time flies whether you’re having fun or not), and certainly since the founding of the Libertarian Party, a decade later, there have always been individuals attempting to redefine libertarianism — usually downward—to suit their own prejudices and purposes.

[…]

I have always thought, and I believe that history backs me up in this, that it was a serious mistake to try to establish an Objectivist aesthetic. Aesthetics are purely arbitrary, a matter of whatever we’ve become accustomed to. Look at the way the idealized feminine form has changed (driven, some say, by the economics of feast and famine) from the paintings of Peter Paul Rubens to the images of Lesley “Twiggy” Lawson. Or, over a much shorter span, from Jayne Mansfield to Mia Farrow.

The purveyors of “thick” libertarianism are making a mistake as obvious and pathetically foolish as Rand’s. They want to take a 987 Porsche Boxter — the sleek, slim Zero Aggression Principle — glue cardboard shoeboxes, empty coffee cans, and dead cats on it at random, and herald it as something new and wonderful. But new and wonderful it ain’t.

It’s the same old crap.

A short term for “thick” libertarians is “liberals”.

May 6, 2014

Reset the Net on June 5th

Filed under: Liberty, Media, Technology — Tags: , , , — Nicholas @ 09:58

At Wired, Kim Zetter talks about an initiative to reclaim (some measure of) privacy on the internet:

A coalition of nearly two-dozen tech companies and civil liberties groups is launching a new fight against mass internet surveillance, hoping to battle the NSA in much the same way online campaigners pushed back on bad piracy legislation in 2012.

The new coalition, organized by Fight for the Future, is planning a Reset the Net day of action on June 5, the anniversary of the date the first Edward Snowden story broke detailing the government’s PRISM program, based on documents leaked by the former NSA contractor.

“Government spies have a weakness: they can hack anybody, but they can’t hack everybody,” the organizers behind the Reset the Net movement say in their video (above). “Folks like the NSA depend on collecting insecure data from tapped fiber. They depend on our mistakes, mistakes we can fix.”

To that end, the groups are calling on developers to add at least one NSA resistant feature to mobile apps, and on websites to add security features like SSL (Secure Socket Layer), HSTS (HTTP Strict Transport Security), and Perfect Forward Secrecy to better secure the communication of users and thwart government man-in-the-middle attacks.

May 5, 2014

The Constitution-free zone near the US border

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 07:48

A recent decision by a federal appeal court expands the already very broad opportunities for police and border agents to stop and search travellers near the US border:

A federal appeals court just ruled that the police have a legal right to stop, search and arrest you for innocent behavior including driving with your hands at the ten-and-two position on the steering wheel at 7:45 p.m., taking a scenic route and having acne.

To the Tenth U.S. Circuit Court of Appeals, these factors added up to fit the profile of a person smuggling undocumented immigrants and drugs. The court said, “Although the factors, in isolation, may be consistent with innocent travel … taken together they may amount to reasonable suspicion.”

In other words, the police can now stop you for no reason at all. Law enforcement just needs to add a sinister context to your behavior, and off you go to jail. The court endorsed this expansion of aggressive police behavior in USA v. Cindy Lee Westhoven, No. 13-2065.

[…]

Incredibly the court found that this scenario created a reasonable suspicion for an “investigative stop.” By inserting a context that would make every driver guilty, the court upheld this belligerent law enforcement:

The officer said he spotted the car because “her arms were ‘straight and locked out’ at a ‘ten-and-two position on the steering wheel,’ — as everyone is taught in driver’s ed in high school. He was also suspicious because the road was used primarily by locals in New Mexico, and Westhoven had Arizona plates. She had acne scarring, “indicating to him she might be a methamphetamine user.” He also thought the shopping was better in Tucson than Douglas, so this was also “suspicious.”

“The dark tinted windows on Ms. Westhoven’s truck raised Agent Semmerling’s suspicion that she might be concealing something or someone in the back of her truck,” the court added.

The time happened to be between a 6-to-8 p.m. border patrol shift change, and the cop inferred that Westhoven was a smuggler trying to exploit that two-hour window. Westhoven was nervous, taking long pauses and shaking — which apparently signaled criminality.

The final nail for Westhoven was that she had two cell phones visible in the car. The cop said this was a common practice for drug smugglers. It is also common for people who have a business phone and a personal phone.

April 29, 2014

Allowing freedom of speech also means allowing hate speech

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 09:24

Greg Lukianoff explains why free speech is so important and why attempts to restrict “hate speech” are toxic to the long term health of a culture or society:

Last month was a bittersweet seventh birthday for Twitter. The Union of Jewish French Students sued the social-media giant for $50 million in a French court in light of anti-Semitic tweets that carried the hashtag #unbonjuif (“a good Jew”). In January, Twitter agreed to delete the tweets, but the student group now wants the identities of the users who sent the anti-Semitic messages so that they can be prosecuted under French law against hate speech. Twitter is resisting. It claims that as an American company protected by the First Amendment, it does not have to aid government efforts to control offensive speech.

Internationally, America is considered radical for protecting speech that is highly offensive. But even in the U.S., Twitter should not be surprised to discover ambivalence and even outright hostility toward its principled aversion to censorship, especially in that once great institution for the open exchange of ideas: American higher education.

“Hate speech” is constitutionally protected in the United States. But the push against “hurtful” and “blasphemous” speech (primarily speech offensive to Islam) is gaining ground throughout the world. Last fall, for example, when many thought a YouTube video that satirized Mohammed caused a spontaneous attack on our consulate in Benghazi, academics across the country rushed to chide America for its expansive protections of speech. And as someone who has spent more than a decade fighting censorship on American college campuses, I run into antagonism toward free speech on a regular basis, most recently last month, when I spoke at Columbia Law School. After my speech, law professor Frederick Schauer criticized his American colleagues for not being more skeptical about the principle of free speech itself.

[…]

No doubt the open, anarchical, epistemological system that was celebrated in the Enlightenment — which Jonathan Rauch dubbed “liberal science” in his classic work on the value of freedom of speech, Kindly Inquisitors — has resulted in a flowering of creative and scientific thought. It has helped reveal what we consider to be objective facts (e.g., the Earth is an oblate spheroid; gravity is a fundamental force). But the free exchange of ideas benefits society not only by unearthing “Big T” truths; more importantly, it continually exposes mundane yet important pieces of information about the world. I will call this “Little t” truth. “Little t” truths include: who disagrees about what and why, what people feel about a particular issue, what events the newspapers think are important to report. The fact that Argo is a movie is truth, whether or not it represents an accurate view of history, as is the fact that some topics of discussion interest no one, while others are radioactive.

Twitter provides a powerful way to view the world. Never before have human beings been able to check the global zeitgeist with such immediacy and on such a massive scale. Its primary service is not to dispense the Platonic ideal of Truth (“the form of beauty = x”), but rather to provide unparalleled access to the peculiar thoughts, ideas, misconceptions, genuine wisdom, fetishes, fads, jokes, obsessions, and problems of a vast sea of people from different cultures, classes, countries, and backgrounds.

In order to be an effective mirror to global society, Twitter thinks of itself primarily as a platform and does its best to get out of the way. Therefore, we know things we simply would not know otherwise — from the trivial to the serious. The people who want to scour mass media and cleanse it of all hateful or hurtful opinions miss that their purge would deny us important knowledge. Simply put, it is far better to know that there are bigots among us than to pretend all is well. As Harvey Silverglate, co-founder of FIRE (the Foundation for Individual Rights in Education, where I serve as president), likes to say, he supports free speech because he thinks it’s important that he know if there’s an anti-Semite in the room so he can make sure not to turn his back to that person.

April 27, 2014

The state of the US judicial system

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 00:01

In a column about Mark Steyn’s legal battles with Michael Mann, Conrad Black takes time out to revisit the overall state of the US court system:

… American justice is in a shocking condition. Too many judges in the U.S. are elected; too many are ex-prosecutors; the battle over capital punishment has taken all the air out of the room in which the infamous severity of American sentences and the unspeakable lopsidedness of prosecutorial success should be debated. This is a country that inspired the world with a vision of freedom and democracy (though Great Britain, Switzerland, much of the Netherlands, and Scandinavia were just as democratic at the time of the American Revolution). Yet the entire legal apparatus has sat like a gigantic suet pudding and the Supreme Court, in between its four-month vacations, has drunk the Kool-Aid of its own bathwater. The Fifth, Sixth, and Eighth Amendment guaranties of due process, just compensation for seizure of property, grand jury deliberations as assurance against capricious prosecution, prompt justice, access to counsel (of choice), impartial jury, and reasonable bail have been put to the shredder. The United States has six to twelve times the number of incarcerated people per capita as Australia, Canada, France, Germany, Japan, and the United Kingdom, the nearest comparable countries. Even after removing from the totals all those with unstigmatizing records irrelevant to their hireability today (DUI or disorderly conduct decades ago, for example), about 15 percent of adult males are felons.

Prosecutors win 99.5 percent of their cases, 97 percent of them without trial, because of the plea bargain system, which has often been reduced to a sleazy extortion or subornation of confected and rehearsed inculpatory testimony in exchange for immunities, including from the perjury sponsored and approved by the prosecutors. This is far from what was intended by the authors of the Bill of Rights and the original propagators of the tenuous theory that American independence was a new order of the ages and the dawn of government of, by, and for the people, vested with inalienable rights, according to self-evident truths.

Beyond all that, the American legal profession is a suffocating cartel that saps 10 percent of American GDP and through its members in legislatures and regulatory authorities adds 4,000 statutes and regulations a year to the law books, steadily tightening its strangulation of American life, all and always in the name of a society of laws and the ever more equitable refinement of civilization. It would have been impossible and unreasonable to anticipate that so perceptive and spontaneous and fearless an observer as Steyn would not steadily broaden his range of fire, as he has. At one point Steyn began filing motions on his own behalf—the best written court documents you may ever read—that drip with disdain for the judicial process. He quotes Lady MacBeth and describes various pieces of the case using phrases such as “multi-car pileup,” “zombie-like,” “Potemkin hearing” and “meretricious folderol.” It would have been equally unreasonable not to foresee that the authorities upon whom his withering fire descended would not resent this deserved if unaccustomed hostility, and whatever one may think of Mann, he cannot be faulted tactically for trying to tuck himself under the wing of an affronted legal establishment. That does not justify Mann’s infliction of the hockey stick upon the world (like the great Montreal Canadiens point-man Bernard “Boom Boom” Geoffrion lowering — with considerable but probably not sufficient provocation — the real article onto the cranium of a New York Ranger forward sixty years ago) any more than it whitewashes Mann’s own insults. He has dismissed the immensely respected Danish scientist and intellectual Bjorn Lomborg as “a career fossil fuel industry apologist”; Judith Curry, co-editor of the Encyclopedia of Atmospheric Sciences and an honored member of the National Research Council’s climate research committee, as a “serial climate disinformer”; Australian journalist Andrew Bolt as a “villainous” threat to the planet who is paid by Rupert Murdoch “to lie to the public” (Mann apologized for this one after Bolt—in solidarity with Steyn—threatened a lawsuit); and the rest of us as mere “climate change deniers.”

April 26, 2014

University “safe space” policies require censorship and intellectual repression

Filed under: Bureaucracy, Liberty, Politics — Tags: , , — Nicholas @ 10:31

Poor university students these days … they’re uniquely vulnerable and unable to handle the threat of an uncensored discussion of issues. Universities are actively pushing policies to restrict and filter any messages that might reach their students that fails to follow all the current orthodoxies:

It appears then that today’s students are too vulnerable to be exposed to any robust and challenging discussion. This grows out of a culture that has promoted the idea that every individual is emotionally vulnerable and cannot cope with a growing range of encounters and experiences. It is now believed that we live in a world of unmitigated risks and problems, only waiting around the corner to trip you up again, and our ability to deal with everyday problems seems to have diminished. According to sociologist Frank Furedi, vulnerability has become conceptualised a central component of the human condition and “contemporary culture unwittingly encourages people to feel traumatised and depressed by experiences hitherto regarded as routine”, from unwanted cat-calling to the discussion of dangerous ideas.

It’s a far cry from the tradition out of which the theory of liberal education and the modern university was born. The period of the Enlightenment was led by the rallying call of Immanuel Kant – ‘Sapere aude!’ – dare to know and dare to use your own understanding in the creation and formation of your own opinions. However, this is the reverse of what we are seeing today as debate is closed down and speech is censored on campus all in the name of safety.

If we are to recapture the campus, lead the progress of human knowledge, and create an active and engaged citizenry towards progressive social change, it’s free speech and expression we must engage in.

April 24, 2014

Reason.tv – Is Democracy Overrated? Q&A with Columnist David Harsanyi

Filed under: Books, Liberty, Politics, USA — Tags: , — Nicholas @ 08:51

Published on 22 Apr 2014

“I think the Founders weren’t wary enough of democracy,” says David Harsanyi, senior editor at The Federalist and a nationally syndicated columnist. “I think there are bigger problems with it.”

Harsanyi sat down with Reason TV‘s Nick Gillespie to discuss his new book, The People Have Spoken and They Are Wrong: The Case Against Democracy, why we put too much weight on voting, and why praising democracy is just celebrating mob rule.

“Democracy’s just a process that reflects the morals and ethics of the people who vote,” he said. “It doesn’t guarantee you freedom — just check out the Gaza Strip or Egypt or anywhere else.”

April 19, 2014

Orwell and equality

Filed under: Books, Britain, History, Liberty, Media — Tags: , , , — Nicholas @ 11:28

Bruno Waterfield reviews a recent “intellectual biography” by Robert Colls, George Orwell: English Rebel:

Orwell, or rather Blair, was of the British upper class, but he could clearly see that human equality was a fact. It transcended class and nationality, and was palpable even in the briefest of encounters between people. It was the ‘crystal spirit’ that had bought a young Italian, and Orwell, to fight for democracy in Spain, just as it was the same human quality that made life in a slum unbearable. Equality for Orwell was not a merely a measure or a statistic; it was a quality that all living humans have, a resistance to fate even at its most blind.

These two encounters also reveal a man with a deep belief in the character and qualities of living humans, something that Robert Colls understands in his excellent ‘intellectual biography’ of Orwell. No book about Orwell can be perfect; the man was too contradictory, too contrarian and too bloody minded to be an easy study. But Colls (with some limitations) really gets it. Orwell refused ideology in a century defined by it, and that was his strength and brilliance. Setting out his stall, Colls, a professor of Cultural History at De Montfort University, puts his finger on why Orwell despised ideology as a ‘form of abstract knowledge which, in order to support a particular tendency or regime, has to distort the world and usually does so by drawing off, or separating out, ideas from experience. Ideology, in Orwell’s eyes, could never afford to get too close to the lives of the people. The more abstract the idea and the language that that expressed it, the more ideological the work and vice versa’, he writes at the book’s beginning.

‘[Orwell] knew that if he was saying something so abstract that it could not be understood or falsified, then he was not saying anything that mattered’, Colls continues. ‘He staked his reputation on being true to the world as it was, and his great fear of intellectuals stemmed from what he saw as their propensity for abstraction and deracination – abstraction in their thinking and deracination in their lives. Orwell’s politics, therefore, were no more and no less than intense encounters turned into writings he hoped would be truthful and important. Like Gramsci, he believed that telling the truth was a revolutionary act. But without the encounters he had no politics and without the politics he felt he had nothing to say.’

Orwell was on a collision course with the intelligentsia to which he, as a rebel and a modernist radical, instinctively belonged, but which, due to its embrace of social engineering, the state and Stalinism, he was starting to oppose. His dissidence appears early in The Road to Wigan Pier where, as Colls wisely remarks, ‘Socialism emerges not as the solution but the problem, and the unemployed and exploited emerge not as a problem but the solution’. Colls paraphrases Orwell: ‘The battle of the classes… will not be won in the abstract, or in some future state, but in the present, in how people actually are and what they actually think of each other.’ Orwell despised the ‘Europeanised’ intellectual British Left because they had become wilfully displaced and removed, uprooted from the lived life of their country. Even worse, the deracinated intellectuals, divorced from the majority, wanted to refashion the people in their image. In the world of Beatrice and Sidney Webb and Fabian socialism, gaining political power also meant using the state to engineer the people, through eugenics and public health.

[…]

Orwell returned to Britain in time for the beginning of the Second World War. Apart from taking up the cudgels on behalf of the truth in Spain, without which the historical record would have been badly damaged by the falsifiers, he was not immune to much of the confusion that plagued the left in the run up to hostilities. Should socialists refuse to take sides in a conflict between imperialist powers? Should socialists sabotage the war efforts and oppose rearmament in the face of the threat from Nazi Germany? George Orwell was as confused as anyone else and his writings of 1939 and early 1940 are full of the turmoil and contradictions of the day.

But then in 1940, Orwell took another one of his leaps away from the lines and orthodoxies of leftish ideology which had led many intellectuals into pacifism or the defeatism of toeing the Stalinist line on the Soviet Union’s 1939 pact with the Nazis. In a way, Orwell’s experiences in Wigan and Barcelona, prepared the ground. In the Second World War, he would side with the British people, and an imperfect British state, because Britain’s political and wider culture reflected a way of living better than the fascism or Stalinist communism preferred by many of the intelligentsia. He reserved and exercised his right to criticise British imperialism, which he continued to attack throughout the war and his life. Again, his instincts were right or, at the very least, less wrong than most on the left. Instead of abstract ideology, distorted and twisted to suit either a Marxism that was synonymous with Stalinist tyranny, or the elitist social engineering of the Fabians, Orwell advocated a patriotic defence of a way of life that could not be trusted to intellectuals or, by implication, the state.

April 17, 2014

Online illegal drug sales persist because they’re safer than other channels

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 07:34

At the Adam Smith Institute blog, Daniel Pryor discusses the reasons for “Silk Road” continuing despite police crackdowns:

Growing up in Essex has made me appreciate why purchasing illegal drugs online is a far more attractive option. I have experienced the catastrophic effects of drug prohibition first-hand, and it is part of the reason that the issue means a great deal to me. Friends and acquaintances have had terrible experiences due to contamination from unscrupulous dealers with little incentive to raise their drugs’ quality, and every reason to lace their products with harmful additives. The violence associated with buying and selling drugs in person has affected the lives of people close to me.

As a current university student, I now live in an environment populated by many people who use Silk Road regularly, and for a variety of purchases. From prescription-only ‘study drugs’ like modafinil to recreational marijuana and cocaine, fellow students’ experiences with drugs ordered from Silk Road have reinforced my beliefs in the benefits of legalisation. They have no need to worry about aggressive dealers and are more likely to receive safer drugs: meaning chances of an overdose and other health risks are substantially reduced.

Their motivations for using Silk Road rather than street dealers correlate with the Global Drug Survey’s findings. Over 60% of participants cited the quality of Silk Road’s drugs as being a reason for ordering, whilst a significant proportion also used the site as a way to avoid the potential violence of purchasing from the street. Given that payments are made in the highly volatile Bitcoin, it was also surprising to learn that lower prices were a motivation for more than a third of respondents.

Nevada standoff and the rule of law

Filed under: Environment, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:25

I haven’t been following the situation in Nevada between the armed forces of the Bureau of Land Management and the armed citizenry in support of rancher Cliven Bundy, but while my sympathies normally go toward the individual rather than the state, this case doesn’t appear to be clear-cut (and Bundy is clearly in violation of the law to some degree). Kevin Williamson seems to be in the same general state of mind:

Deserts always feel like my natural habitat, and I am very fond of them. That being said, I have, for my sins, spent a fair amount of time in Clark County, Nev., and it is not the loveliest stretch of desert in these United States, or even in the top twelve. Protecting the pristine beauty of the sun-baked and dust-caked outskirts of Las Vegas and its charismatic fauna from grazing cattle — which the Bureau of Land Management seems to regard as an Old Testament plague — seems to me to be something less than a critical national priority. At the same time, the federal government’s fundamental responsibility, which is defending the physical security of the country, is handled with remarkable nonchalance: Millions upon millions upon millions of people have crossed our borders illegally and continue to reside within them. Cliven Bundy’s cattle are treated as trespassers, and federal agents have been dispatched to rectify that trespass; at the same time, millions of illegal aliens present within our borders are treated as an inevitability that must be accommodated. In practice, our national borders are a joke, but the borders of that arid haven upon which ambles the merry Mojave desert tortoise are sacrosanct.

[…]

The relevant facts are these: 1) Very powerful political interests in Washington insist upon the scrupulous enforcement of environmental laws, and if that diminishes the interests of private property owners, so much the better, in their view. 2) Very powerful political interests in Washington do not wish to see the scrupulous enforcement of immigration laws, and if that undercuts the bottom end of the labor market or boosts Democrats’ long-term chances in Texas, so much the better, in their view.

This isn’t the rule of law. This is the rule of narrow, parochial, self-interested political factions masquerading as the rule of law.

If we are to have the rule of law, then, by all means, let’s have the rule of law: Shut down those federal subsidies and IRS penalties in states that did not create their own exchanges under the Affordable Care Act — the law plainly does not empower the federal government to treat federal exchanges identically to state exchanges. And let’s enforce the ACA’s deadlines with the same scrupulosity with which the IRS enforces its deadlines. Let’s see Lois Lerner and a few hundred IRS employees thrown in the hole for their misappropriation of federal resources, lying to Congress, etc. — and let’s at least look into prosecuting some elected Democrats for suborning those actions. And if you want to get to the real problem with illegal immigration, let’s frog-march a few CEOs, restaurateurs, and small-time contractors off to prison for violating our immigration laws — and they can carry a GM product-safety manager and a National Highway Traffic Safety Administration executive under each arm. Let’s talk about enumerated powers.

H/T to Jon, my former virtual landlord, for the link.

April 15, 2014

Militarization of the police, pervasive surveillance, incarceration rates, and other police state trappings

Filed under: Government, Liberty, USA — Tags: , , , — Nicholas @ 10:24

An email from Rupert included a link to this infographic illustrating the “progress” of the United States toward a police state:

Click image to see full infographic

Click image to see full infographic

It’s easy to poke fun at people who worry about the ever-growing state involvement in everyday life … well, it used to be fun until the NSA’s incredible list of surveillance programs became known. Now, paranoia is the rational state for anyone concerned with their privacy and freedom of speech. We had Godwin’s Law, which provided a useful rule of thumb for when internet arguments had passed the point of no return. This is a rare example of an argument that meets the condition of Godwin’s Law (in the infographic), yet still remains relevant.

April 14, 2014

In defence of limited corporate liability

Filed under: Business, Law, Liberty, USA — Tags: , , — Nicholas @ 10:47

The RSS feed that used to track Megan McArdle’s posts at Bloomberg View has been on the fritz for a couple of weeks, so I missed this article when it was posted earlier this month:

The argument for unlimited liability isn’t just a libertarian evergreen; it’s also something you occasionally hear from the far left, because it would basically make the corporate form untenable. Imagine, if you would, that by buying and holding the share of a firm for 10 minutes, you thereby subjected yourself to seizure of all your goods to satisfy potential lawsuit judgments — even if those judgments involved behavior that involved no legal liability at the time of the acts.

Not possible? That’s basically what happened with asbestos liability. Firms that had had no legal liability under the doctrines of the times in which the asbestos was sold or used suddenly found themselves driven into bankruptcy by massive settlements. Moreover, after the first wave of lawsuits exhausted the funds available to pay asbestos claims, plaintiffs’ lawyers started pushing to expand the number of pockets that could be dipped into.

A company that had never manufactured asbestos could be sued and have to spend hundreds of millions of dollars on lawsuits and settlements because it had once bought a company with an insulation division that had formerly manufactured asbestos — even though it had immediately sold off that division in the process of completing the merger. Insurers could be forced to pay out for the whole of a company’s liability if they had sold a company insurance for even a year between the time a company started making or using asbestos and the time that the plaintiff discovered the harm. And “harm” wasn’t limited to getting sick; you could sue for the emotional distress of worrying that you might get sick.

Kind of hard to imagine becoming a shareholder under those circumstances, isn’t it? Maybe you’d better put your money in the bank — a small, privately held bank, of course. Commerce would look something like it did in medieval Italy, where all economic activity was basically organized by the family or the partnership.

Growth would have to be financed by debt or by retained earnings. That’s how British firms financed expansion in the early days of the Industrial Revolution. It’s how small businesses tend to finance expansion now.

The traditional libertarian answer is “insurance”, but that’s a non-starter as well.

To which I answer: What insurance company?

Insurers are also corporations, and their owners get the same valuable shield from liability that everyone else gets from the corporate form. They may have shareholders, or they may be mutually held by their policy holders, but either way, someone is getting protection from lawsuit by the same laws that protect General Motors Co. This sort of liability shield is vital for any large aggregation of capital requiring lots of contributors — which is basically the definition of an insurance company.

April 11, 2014

Virginia bans campus “free speech zones”

Filed under: Bureaucracy, Education, Liberty, USA — Tags: , , , — Nicholas @ 08:51

The way the fight for free speech has been going, you might be forgiven for reading that headline as “Virginia bans free speech”, but fortunately it’s actually a significant improvement in the right of university students to speak freely:

On Friday, Virginia Governor Terry McAuliffe signed a bill into law effectively designating outdoor areas on the Commonwealth’s public college campuses as public forums, where student speech is subject only to reasonable, content- and viewpoint-neutral time, place, and manner restrictions. Under this new law, college students at Virginia’s public universities will not be limited to expressing themselves in tiny “free speech zones” or subject to unreasonable registration requirements.

HB 258, championed by its lead patron Delegate Scott Lingamfelter, passed both houses of the Virginia General Assembly unanimously. The Foundation for Individual Rights in Education (FIRE) urged the passage of the bill and testified on behalf of the legislation in hearings in both legislative houses.

“FIRE thanks Governor McAuliffe, Delegate Lingamfelter, and all of Virginia’s delegates and senators for coming together and supporting this legislation,” said FIRE Legislative and Policy Director Joe Cohn. “One in six public colleges in the United States unjustly restricts student speech with free speech zones. Thanks to this new law, public institutions in Virginia will no longer be among them.”

Restricting student speech to tiny “free speech zones” diminishes the quality of debate and discussion on campus by preventing expression from reaching its target audience. Often, institutions that maintain these restrictive policies also employ burdensome permitting schemes that require students to obtain administrative permission days or even weeks before being allowed to speak their minds. Even worse, many of these policies grant campus administrators unfettered discretion to deny applications based on the viewpoint or content of the speakers’ intended message.

April 8, 2014

Ten un-answerable questions for libertarians

Filed under: Humour, Liberty — Tags: , — Nicholas @ 11:58

Uh-oh, Bleeding Heart Libertarians has spilled the beans:

10 Questions Libertarians Can’t Answer, and Hope You Won’t Ask!

Libertarianism philosophy is like a cockroach that scurries away once you shine the light of reason on it. Here are 10 hard questions libertarians can’t answer.

1. Which Koch brother has more authority over you? […]
2. Which corporation should rule the world? […]
3. When oppressing the poor, is it better to use kicks or punches? Or should you hire other poor people to beat up poor people for you? […]
4. If you’re so smart, how come not everyone’s a libertarian? […]
5. Wasn’t America libertarian in 1850? Or at least 1870? And isn’t American 2014 clearly better than American in 1850 or 1870? […]
6. How could a libertarian society produce new generations? […]
7. If Murray Rothbard was such a badass anarchist, why did he work for a state university? […]
8. Come to think of it, how can libertarianism ever get going without stealing from the government? […]
9. Which political leaders will you put on your currency? […]
10. If capitalism is so awesome, why is anyone still poor? […]

H/T to Julian Sanchez who offers this trigger warning:

Choosing when to die

Filed under: Europe, Health, Liberty — Tags: , , — Nicholas @ 06:52

Colby Cosh discusses the latest Swiss innovation to come to the tabloid newspapers’ attention:

Five or six times I must have read the story about the relatively healthy little old English lady who killed herself rather than struggle on through the “digital age”, and I still cannot quite think what to make of it. Surely there is something noble about leaving life on what are as nearly as possible one’s own terms, with some strength left, after a full, long, largely happy existence.

Unlike a lot of self-described “environmentalists”, she clearly believed the Malthusian script and took the recommended action: “The environmentalist was also worried about the damage being wrought on the planet by overcrowding and pollution.” If she was that worried about poor old Mother Earth, one might wonder why she took so long to take her leave of it.

I suppose Dignitas does its best to make sure oldies aren’t being urged to suicide by impatient heirs, but surely there is only so much the staff can do, and it is in their interest to do as little as possible. It is certainly easy to imagine ethically dubious ways of encouraging the irritability of a cranky, inconvenient old person. Oo, hardly worth the trouble of gettin’ out of bed in the morning, is it, gran? Oh, dear, are your lungs givin’ you a hard time again? Tsk, must make you want to chuck it all in sometimes. If you are a person of British descent, you take in a certain amount of this glum, boggy attitude with every meal anyway. It comes naturally.

And there is my only real concern about institutionalizing the right to die … that it will encourage a certain haste: not among the elderly or afflicted, but among their caregivers, descendents, and prospective legatees. I think you should have the right to decide when to die, but it is a situation that offers the unscrupulous and unprincipled a quicker route to impose their desires on others.

But who is ready to have the government issue packets of Nembutal every five years with Canada Pension Plan cheques? Whatever solution we decide on for the convenience of the legitimately ailing or hopeless, I want the doctors — who, after all, belong to a profession that cannot seem to stop prescribing useless antibiotics for upper respiratory infections — to have as little to do with it as possible. Physicians are not saints, and they will follow the “easier for me” heuristic, like other primates, if non-negotiable aspects of their duty are thrown open to fiddling. “Do no harm” has been at the top of the list for 2,400 years, and, please, keep in mind, it took them 2,200 of those to give up therapeutic bloodletting.

Exactly.

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