James Leroy Wilson's one-man magazine.

Showing posts with label ethics. Show all posts
Showing posts with label ethics. Show all posts

Saturday, March 05, 2016

Tax Ethics

A recent conversation reminded me of the desire of people to grasp at anything to feel they're morally superior to people who make more money than they do. The topic was rich people who find ways to minimize their tax payments.

I'm still trying to grasp their moral condemnation.

For example, let's say a rich man tries to file his tax return. It appears to him that he owes $1 million, which seems high.

And so, he hires a team of lawyers and accountants. They figure out ways to lower his tax payment to $10,000. They charge fees totaling $989,000. The man's total expenses are $999,000. He saves $1,000 by hiring them.

Q. What does the law say the rich man owes?

a) $1 million
b) $10,000

Q. Morally speaking, what should the rich man pay?

a) More than what the law requires
b) No more than what the law requires

Whether you believe taxes are theft and pay only under duress, or believe that taxes are good and are the "price we pay for civilization," how can there be any sane answer to either question other than b?

As federal judge Learned Hand wrote in Commissioner v. Newman, 159 F2d 848 (1947):
Over and over again courts have said that there is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant."
Even if you want more laws and more government, you can't ascribe moral failure on people who do no more than minimally comply with the laws as they currently exist. They have no ethical obligation to go above and beyond their required duties.

If you disagree, consider: would you expect government employees to work overtime for free? Are they "unethical" if they won't?

If you won't expect them to go "above and beyond," then don't expect that from the rest of us. Even the rich.







Sunday, December 25, 2011

Peace on Earth, Good Will to ALL

Source: http://www.downsizedcfoundation.org/blog/peace-on-earth-good-will-to-all

This is a special message from the Downsize DC Foundation...

Christmas Day, and the whole Holiday Season, is a time when many people sing songs about "peace on Earth, good will to men."

Even for the non-religious, this ideal of Christmas can warm the heart.

But the feeling quickly passes... often as soon as we turn on the news or go on the Internet.

The ill will starts to flow, against...

  • Democrats or Republicans
  • Muslims or Christians or atheists
  • Persons who live "alternative" lifestyles or persons who uphold "traditional" values

Whoever we are, and whatever our values, we often feel under attack. We believe that OTHER PEOPLE - inside and outside our country -- want to undermine our values or way of life.

But there's one common element. No matter what "side" we are on, we usually tend to think as AMERICANS. We ask questions like...

  • What is America coming to?
  • Has America lost its way?
  • Is such-and-such good for America?

It is natural to think this way. After all, we are Americans. This is our home. Of course we have an interest in our home.

But, we are human beings first.

When we think of "peace on Earth, good will to men," does this mean peace for just some parts of the planet, or all of it? Is it good will to some people, or to all?

  • Are poverty and unemployment important only when Americans suffer?
  • Is war tragic only when Americans suffer?
  • Do your rights come from your American citizenship, or are they inherent in your humanity -- in the humanity of all persons on the planet?
  • Is the use of violence and coercion the path to peace and good will?
  • Isn't it possible that the people you resent and fear the most, might also have reasons to resent and fear YOU?
  • And if resentment and manipulation causes trouble in personal relationships, should we give our consent to States to routinely use coercion and violence?

It seems healthy that we do more than sing about "peace on earth, good will to men." Perhaps, we should actually give real thought to why we have not yet reached this ideal.

We hope you find these questions helpful.

Merry Christmas to you and yours!

The Downsize DC Team

Monday, August 15, 2011

Morality and the Free Market

Check out my latest at the DownsizeDC Foundation. Excerpt:
Even when you're not formally coerced, you might feel compelled to make the exchange for the sake of your own well-being or that of your family. Here are some examples...
  • Someone takes a low-wage job in lousy conditions to keep from starving
  • Entrepreneurs sell bags of ice at extraordinarily high prices in an area that has lost power due to a hurricane
  • A rich man offers a poor man money to donate his kidney to save the life of the rich man's son
  • A politician pays hush money (blackmail) to a former mistress

Statists intuitively feel empathy for people caught in such circumstances. Supporters of liberty may feel empathy as well. However, they haven't sufficiently articulated why the Statists are still wrong in favoring State control over market forces.

Tuesday, July 19, 2011

Why Fight for Qadhafi?

Check out my latest at The Partial Observer. Excerpt:
Most people want to do the "right" thing, but find themselves in a world with no good options. Two people who choose differently may find themselves on the opposite side of a shooting war.

Who am I to say who chose wrongly, if I've never walked in their shoes?

Thursday, June 23, 2011

Between God and Man

Check out my latest at the Partial Observer. Excerpt:
Whether it's economic redistribution, the jailing or forced "rehabilitation" of the nonviolent, or forced taxation to build war machines, people of "faith" seem to place their real faith in the State, rather than in their God. And because the State is nothing but a monopoly of the use of force, faith in the State means faith in violence.

Saturday, April 09, 2011

Guest Response to "Why I Don't Shun Or Boycott"

Kitty Antonik Wakfer has responded to my post "Why I Don't Shun or Boycott.". This is posted with her consent:

I see this as an example more of how the author appears not to care with whom he associates in a business sense, though most likely James is selective re. who and to what degree he associates in non-business ($ exchanging) situations. However, the word "morality" is a very loaded word and unless specifically defined can be used to convey a wide variance of ideas.

If an individual determines - and this properly needs to be more than reading/hearing some rumor - that a business owner has acted in some way that is in opposition to the individual's fundamental values, then the individual is not consistent with those values if s/he continues to voluntarily interact at all with that business owner. If s/he has been on speaking terms w/ that business owner, then personal questioning is in order and logical persuasion to change if there is truly found to be opposing values. However, if the business owner continues in whatever practices are fundamentally objectionable to (some) others, then those who object are fundamentally consistent to shun him/her (hir). For those who object but continue association, they are hypocritical - and short-range thinkers, pragmatic.

In regard to this poorly constructed example, being open about one's ideas and practices are more of a protection then they are an impediment. With the Internet it allows an individual to make this known to a vast audience (and over time) enabling others to become and stay informed about hir. I wrote about this in some detail in "Anonymity - Hazard, Not Protection; Limitation, not Enhancement", over 6 years ago.

"Would you want to be shunned or boycotted because of how people perceived your personal life, your beliefs, or your business practices?"

There is no way that someone can arrange that "[l]ies are spread about [my] personal life and views, destroying [my] reputation." True, someone could publish something that is false, and some few people might actually believe it. And those who do (even after questioning me publicly), I have no value for them since they obviously are so easily persuaded to conclude something false or we are diametrically opposed on fundamental values, though this last would be apparent already. But "destroy my reputation"?? No way. And the same is true for anyone if s/he has been open about hir ideas and actions (to the degree that government enforcers will not make use of the information to do physical harm).

As for specific fairly recent events where I (and husband Paul Wakfer) have shunned businesses, the WikiLeaks situation resulted in 4. We canceled accounts with PayPal and Amazon and we put our VISA and MasterCard credit cards on emergency usage only. These are explained/discussed in "Libertarians Need less Strategy -- and more Principle!" and "Are Principles Unaffordable?"

We also ceased shopping at WalMart after formal announcement of it partnering with Dept of Homeland Security in the government program, "If You See Something, Say Something" - "checkout video screens...urging people to take an active role in ensuring the safety and security of our nation and our communities." http://walmartstores.com/pressroom/news/10493.aspx

Our actions alone will not make a noticeable ripple in the decisions of these companies. But if hundreds of thousands of USers (?some millions?) who disagree with the practices of these companies also withdrew their association (ceased doing business) and made it publicly clear why they were doing so, the effects on those companies would not be ones easily ignored by management.

For the vast majority of businesses with which I deal, I know very little of the owners and even when some few do espouse religious beliefs (I and Paul are atheists), as long as they do not proselytize they are not interfering with my time. As long as they continue to provide good service/products at prices that we think are a good trade of our $value, and do not act as the companies above have done, we will continue as customers. And I and Paul will choose new businesses for services/products in the same manner - which we did on an application offer by Discover Card, recently started to be used regularly.

Tuesday, April 05, 2011

Intellectual Property, Contract, and Conscience

I recall chemical detergents and other products having on their back label something like: "It is a violation of federal law to use this product in ways that do not follow these directions."

Now imagine we live in a free-market society, where there are no laws against victimless behavior, and therefore, there are no laws against misusing products (unless they're used as a weapon or poison against others).

Would the producer of a product have the right to dictate the terms of use of the product on the purchaser? For instance, instead of of "It is a violation of federal law . . ." warning on the label, what if there's is, instead, something like this . . .
"It is a violation of the terms of sale of this product to use it in any way other than as directed. If you are unwilling to abide by the these directions, return this product, unopened and unused, for a full refund. Failure to abide by these terms absolves the manufacturer and seller of this product of any liability. It also gives the manufacturer or seller sufficient grounds to refuse any future sales to you. If your failure to use the product as directed reflects poorly on the manufacture or seller, they may demand that you return the the product, or the remaining contents thereof, without compensation."
Would this be enforceable? Probably not. But it would protect the manufacturer from liability. For instance, if the directions said to "Keep out of reach of children, and deny them access" but a child injures himself or others with the product, the parents couldn't sue the manufacturer. Or, if the directions say to spray the cleaning liquid two feet away from the surface, and you spray from six inches away and the the liquid splashes back into your eye, you can't claim the product was dangerous.

You may violate the directions all you want in your personal use of it, and maybe nobody will get hurt or find out. But if it means causing injury to yourself or others, then neither you nor others you injure have anyone but you to blame.

It seems to me that contractual law should allow the seller of the product to dictate any terms to the purchaser. After all, the purchaser isn't compelled to buy. If the terms of use and/or directions are plainly and prominently listed (such as, on the unopened package of the product on the store shelf, or in a terms of use agreement posted BEFORE sale on an e-product) then the seller should be free to dictate any terms she wants.

Perhaps in many cases the terms are not enforceable, in that it would be too easy for the buyer to violate the terms of sale and get away with it. But it is useful to lay out the terms anyway. The terms of sale may be:
  • Do not use this product except as directed
  • Do not reverse-engineer and replicate this new product/invention for resale
  • Do not copy and redistribute this book/recording/movie
And maybe they're not enforceable much of the time. But at least the manufacturer/creator can derive some psychical/spiritual value from dictating the terms of sale. They can enjoy the fact that honorable people use the product honorably.

And, buyers who misuse the product or otherwise violate the terms of sale will know they are acting dishonorably. Their very excuses for violating the terms of sale, attempting to discredit the sellers, actually prove their own dishonor.

They will say something like, "The terms of sale are unreasonable," and justify themselves by saying things like:
  • After I buy it, it should be entirely up to me how I use the product
  • The seller must be greedy for wanting to protect his "intellectual property," especially since "intellectual property" doesn't exist
  • The seller must be a moralistic busy-body for telling me what I can or can't do with the product
  • The seller must understand that these terms and conditions are virtually unenforceable, so I might as well ignore them
To summarize all these excuses: It's okay to violate a contract if I think I can get away with it.

We've seen that excuse since the beginning of time. People make a vow of fidelity with wedding vows, then break the vow when they think they can get away with it, then rationalize their behavior by saying it's unreasonable to expect a person to have sex with just one other person for the rest of life, and that besides, the spouse is a terrible person.

Perhaps it is unreasonable to have sex with just one person, and maybe the spouse is a terrible person, but you should have thought those things through before taking the wedding vows.

The mere violation of a contract, vow, or any other kind of promise, won't always lead to a legal judgment of financial compensation on behalf of the person who was "wronged" by the broken promise. Often, there aren't any tangible damages, only mere violations of trust and hurt feelings. And even when compensation might be expected, they are almost impossible to know: how do you calculate "lost earnings?"

In the case of "Intellectual Property" (IP) such as patents and copyrights, some libertarians say they don't exist, and others say they're essential. Sheldon Richman makes a strong case for the former side, and Stephan Kinsella and others have done a lot of work on behalf of that position, whereas J. Neil Schulman makes a moving case for the IP side - which is particularly strong since he eschews State-enforcement.

To me, "intellectual property" isn't really the issue at all. It is, rather, about contracts. Creators, inventors, manufacturers, and retail sellers all have the right to set their own terms of sale, including bans on replication or redistribution, and the buyers are then obliged to obey the terms of the contract. If they dislike the terms, they shouldn't buy.

The problem is that it seems almost impossible to police or prevent such contract violations, and no one would want to live in a society where they CAN be effectively policed, because that would mean giving up a lot of privacy and freedom.

I don't think there's a good answer in libertarian theory. I think the answer lies in being who you want to be:

1. Do you want to be the kind of person who keeps your promises, including obeying the terms of sale of the things you purchase -- or would you rather break your promises when you can get away with it, and pray that others don't do the same to you?

2. Do you want to be the kind of person who encourages the creators and inventors of society by respecting their wishes as to how their work is distributed, or would you rather take them for granted, have them go unrewarded, and pray that Atlas doesn't Shrug?

The issue of "Intellectual Property" is less a matter of libertarian theoretical concepts of "property" and "ownership," and more a matter of plain decency and conscience.

Sunday, April 03, 2011

Why I Don't Shun or Boycott

Imagine Adam and Bob both sell widgets, in a society where widgets are a must-have product. Adam sells $5 widgets; Bob sells $10 widgets. Lies are spread about Bob's personal life and views, destroying his reputation. Everyone who prefers Bob's high-end, better widgets decide they'd rather purchase Adam's cheap widgets than continue to do business with Bob. Bob is ruined. Then the public finds out that the information about Bob was lies. They weren't even spread by Adam, but by Carl, who is broke and gets his entertainment through perverse delights such as defaming people like Bob. As a result of the slanders against Bob . . .

  • Adam doubles his business and more than doubles his profits

  • Carl gets his laughs

Meanwhile . . .



  • Bob loses everything

  • Bob's former customers do not enjoy his superior widgets

Now, who is to blame for Bob losing everything?


Adam isn't at fault, even though he has all the profits that would have gone to Bob.


Adam shouldn't be forced to compensate Bob, because he did nothing wrong. And Carl, who is broke, can't compensate Bob.


So who are the people who ruined Bob?


The people, his former customers, who judged him for things that had nothing to do with the widgets.


If you're in jail, I wouldn't be able to do business with you anyway. If you're not in jail, why should I let things that have nothing to do with making a deal, keep me from making a deal?


I have heard it said that shunning and boycotts is a superior way to enforce ethical standards in a libertarian or anarchist society. For instance, perhaps the business-owner is strongly suspected to have sexist and racist policies, or exploits foreign labor. The proper method is shunning or boycott. (The difference I make between the two is, for instance, last year if you were upset about the Gulf oil spill: if you avoided the BP gas station and there was another gas station on the next block, you shun BP; if you avoid the BP station and the next gas station is 30 miles away, you're BOYCOTTING BP; boycotts involve an actual sacrifice of some sort.)


To be sure, shuns and boycotts are better than the Regulatory-Police State.


But here's something else to think about: Maybe things about the personal life of the widget-maker, or even the businesses practices of the the widget-maker, might even seem to be true on the surface. And yet if they're not being obvious about it, such as putting up signs saying "Blacks need not apply," how do you know they're in the wrong? Sure, if such a sign existed, I would shun the establishment. But you can be sure that no one's going to be that obvious about it. And, by definition, when things aren't obvious, there is room for doubt.


The economist Friedrich Hayek is famous for pointing out that governmental central banks will always lack enough information about the economy to determine the suppy of money or allocate it correctly.


Equally so, you don't really know what's going on with your neighbor's widget business. You may think you know a lot about it, but rarely do you know for certain. Maybe he is actually improving the lives of people that YOU, with incomplete information, think he is exploiting. Maybe his hiring and firing decisions, once you know the fuller context, make more sense than you realize.


Would you want to be shunned or boycotted because of how people perceived your personal life, your beliefs, or your business practices?


I certainly wouldn't. The shun/boycott route for enforcing morality seems to smack of too much division and condemnation from people who have insufficient information to judge.


A better route might be to foster virtues such as humility, grace, honor, and good manners. Otherwise known as, Mind Your Own Business. Try to be the person you want to be, rather than look for the flaws in others.

Thursday, January 27, 2011

What You Can Do For Your Country, and What Your Country Can Do For You

Check out my latest at the Partial Observer: "The best thing to do for your country is to mind your own business, and the best thing your country can do for you is let you mind your own business."

Tuesday, December 21, 2010

The Golden Rule, Reformulated

Check out my latest at the Partial Observer. Excerpt:

Humility also has political ramifications. Before saying "There ought to be a law!" against this or that supposedly harmful activity, a dose of humility is helpful:

  • How do I know that a law will actually curb this behavior?
  • I may find this behavior disgusting and unhealthy, but are the people engaged in it violating other people's rights?
  • My intentions are good, because I will be saving people from this destructive behavior – but is it really merciful and compassionate to throw them in jail instead?

Thursday, October 07, 2010

Withholding Judgment

This is a response in agreement to Tom Knapp's post in response to Roderick Long's post about the Tennessee story of the government fire service that supposedly "failed" this past week.

I already responded to Long in the comments section of his post. The point I made there was, regardless of the injustice of current systems, there is a personal responsibility component in getting your bills paid on time. But I want to make a bigger point here.

I think some libertarians want to reserve the right to hold a grudge against, or condemn, other people who were acting within their rights. "You left my wife to drown!" "You let my son to starve to death!" "You let my dog to burn to death in that fire!"

The message being, you were "wrong" to exercise your "right" to not get involved. Therefore, while I wouldn't put you in prison, I still reserve the right to hate you. Many libertarians claim you should have this legal right to non-aid, but would also desire that there was a God condemning you to a cosmic hell for actually exercising this right to non-aid. They want to be "non-judgmental" and "full of hate" at the same time.

But another argument could be that the accuser telling you that you were "wrong" simply didn't have enough information to issue a condemnation.

* Maybe you were not a professional rescuer or a good swimmer, and wouldn't have known how to save the wife. If you tried to save her, you both would have drowned.
* You fed your own family first, and then your friends who were in need. You had none leftover even for the children of others.
* You didn't know there was a dog was in the burning house; in any case, dogs are property, not persons. You weren't about to put your own life at risk, or that of any other firefighter, when the owner didn't even pay the fire protection fee.

The fact is, no one has enough information about other people's lives, property, or circumstances to issue blanket moral condemnation. We just don't know all the facts and all the motives.

We'd be a lot more peaceful and civil society if we recognized that not only is aggression misguided and ignorant, but moralistic finger-wagging is almost as equally misguided and ignorant. Either way, we just don't have enough information to judge other people.

If anything, the serenity that comes with not judging other people has been more beneficial to my health and happiness than the formal legal rules that strict libertarianism provides. I can judge your actions if you commit (or advocate) violence, theft, or fraud against me or others, but I can't judge your motives for your refusal to help me when I'm in need. I don't have all the information to hold a grudge against you. You may have good reasons for not helping me.

In the same way, I wouldn't expect you to judge me if I don't feel like I'm in a position to help you.

By recognizing that we each aren't under any legal or moral law to help each other, we might be inclined to help each other all the more.

Treating others with as much non-judgment as you can bear is probably the most effective and persuasive way toward achieving the libertarian society that we want. Every other route will lead to acrimony, dispute, and possibly violence.

Thursday, June 10, 2010

A Wooden Personality

Check out my latest at The Partial Observer, a tribute to the late basketball coach John Wooden. Excerpt:
Following the 1947 season, Indiana State was invited to the (small school) NAIA basketball tournament. But the tournament barred the participation of black players. Wooden, who had a player, Clarence Walker, who was black, refused the invitation. The next year, the NAIA reversed this policy and Indiana St. accepted. Walker became the first African-American to play in the tournament.

Friday, May 21, 2010

The Role Of Ideology

Gene Callahan is an economist and author of Economics for Real People among other works. On his blog, he has begun to reject the libertarian ideology of "anarcho-capitalism" he once embraced. In one blog comment discussion, he writes,

"See Aristotle, Nicomachean Ethics: Ideology is the mistaken attempt to deal with the practical world as if it were the theoretical world. We use prudence, not theory, to answer practical questions. Theory deals only with the universal, but the aim of action is always the particular. How does one know how to handle one's children, or talk to one's lover, without an ideology of children or love? Well, much better than with such an ideology!"
Callahan is also a charter of the Michael Oakeshott Association. Oakeshott was an English scholar who had said, “To be conservative.....is to prefer the familiar to the unknown, to prefer the tried to the untried, fact to mystery, the actual to the possible, the limited to the unbounded, the near to the distant, the sufficient to the superabundant, the convenient to the perfect, present laughter to utopian bliss.”

These positions of Callahan and Oakeshott looks attractive in comparison to Callahan's target, anarcho-capitalism and the Non-Aggression Principle (NAP), for at least seven reasons.

First, an ideology based on NAP tempts one to be perpetually unhappy because of the injustice of everything.

Second, while anarcho-capitalists admit that there would ideally be compensation for descendants of slaves, of those who have been displaced from their lands, and of other descendants of victims of agression, there is no practical mechanism to achieve this. Thus, abolishing the State won't necessary restore justice or cleanse society of the ethnic and cultural tensions of previous injustices.

Third, a society based on NAP would change the treatment of children. I'm convinced that in many ways this would be for the better, but there are potential consequences that would be too shocking for people to handle.

Fourth, the anarchist-capitalist society would still be backed by force rather than voluntary cooperation, with private owners potentially making all kinds of arbitrary and vicious rules on guests and tenants who, if all the land is similarly privately-owned, may have no means of leaving even if they tried. (Karen De Coster calls them the Poop Nazis.)

Fifth, the NAP can violate common sense. For instance, NAP may be opposed the very concept of the State, but common sense says that those who cross a State's borders without authorization are trespassing by violating long-established rules of international law that even uneducated, low-skilled immigrants understand. States may be fictions to the anarcho-capitalist, but they are real to most people, and this makes a difference.

Sixth, the NAP tells us that people who hold opinions shouldn't be prosecuted for them, and I certainly agree with this, but on the other hand it hardly seems prudent to allow adherents of religions or ideologies that disagree with the Western liberal tradition to enter our country under our current laws, which would allow them to soon become voting citizens and help overthrow those laws.

Seventh, sticking to ideology can lead to problems of statesmanship. It is both moral and prudent, I believe, for the U.S. to get out of Iraq and Afghanistan, and pursue a non-interventionist foreign policy. But the outcome is probably best brought about from a position of strength and a no-apologies, America-First realism, rather than by extending an olive branch to the rest of the world. It is a disgrace that in international relations the lives of troops and civilians are bargaining chips, but I'd rather the President play the game to America's advantage then suddenly withdraw, say he'll play nice, and hope everyone else will, too. We may need realist means in foreign policy to achieve something close to the preferred ends.

In other words, prudence matters. It matters in domestic policy, and in foreign policy.

But is this to say that ideology doesn't matter at all?

It's true that ideology can become too abstract and too dogmatic. It can be, as quoted above, "the mistaken attempt to deal with the practical world as if it were the theoretical world."

On the other hand, ideology is a division-of-labor device. The intellectuals and their cult adherents aren't politicians. But ideologies that intellectuals produce provide a direction. They provide theoretical and hypothetical models telling us what the laws should be. And since laws are concerned with all current and future people in a country - and not just one's lover or family that one has an emotional attachment to - the theoreticals and hypotheticals are important. The politician can't possibly make law and policy by listening to every single person's life story first. Abstraction is necessary.

To the ideologue, the "free market" is a model. To the politician, the "free market" is a slogan. The question is whether we are better off living under politicians who like the "free market" slogan, or those who do not.

Ideologues are not politicians, they are educators. They try to persuade us not on what is the best and most prudent policy, but rather what is just and unjust. Their role is not to persuade politicians and the people to agree with everything, but to persuade them to agree on the basic principles and direction.

Think of it this way: you never see perfect spheres or exact right angles in nature, yet geometry helps us to understand and measure natural phenomena to improve our lives. Likewise, the map is not the reality, but if you are lost, an accurate map would be most helpful.

In the same manner as geometry or a map, ideology is a model to help us. Its role is to guide us to a more just world.

Here's an illustration. It is, admittedly, unfair to Callahan and Oakeshott, neither of whom I could imagine endorsing slavery, but I use it to illustrate a point. Keep in mind that this is a hypothetical example, and not the historical example of the American South and the Civil War.

Imagine a society in which people of one skin color are free and people of another color are slaves. Some of the free race begin agitating for the abolition of slavery, and their numbers start to grow. The options before the people are . . .

1. The abolition of slavery in which slave-owners compensate their slaves through back pay and/or by dividing up the land the slaves worked on. This is the dogmatic ideological solution.
2. A war to exterminate and/or punish the slave-owners as well as everyone who benefited from the slave economy. This is the fanatical approach, determined not so much to advance the ideology, but only to punish those who disagree with it.
3. The abolition of slavery through compensating slave-owners from the public treasury (taxes), which essentially leaves the freed slaves left to their own devices, with no compensation for previous labor or past unjust treatment. This is the compromise.
4. The preservation of slavery. This is the status quo.

Let's assume Option #1 is politically impossible to achieve because of the strength of the slave-owning voting bloc unwilling to give up their wealth. What, then, would you rather have, a war to end slavery (Option 2) or an unfair but peaceful end to slavery (Option 3)?

Option #3 would actually free the slaves without shedding blood, which would seem to be the least-bad option all around. It also doesn't achieve everything the ideologues want.

Non-ideologues tend to equate all ideologues as dogmatists or fanatics unwilling to bend theory to the facts on the ground. But perhaps ideology is not about imposing anything, but is rather about believing in a certain theory of justice. One can be both an ideologue AND a realist, and enter the political arena as a slave abolitionist encountering a pro-slavery establishment. In such a case, the #3 compromise would only be brought about because ideology steered the debate in the right direction. The slave-owners would never have contemplated the #3 option if there weren't ideologues opposing them.

Ideology is never implemented perfectly in any society, because every society is plagued by historical injustices and imperfections. But ideologues, including the Walter Blocks and Murray Rothbards of the world, allow us to expand our boundaries of what a just and free society would look like. Their extremism, though shocking, forces the individual to think through their own notions of justice. Activists and politicians attracted to the ideology, though not wanting to go to extremes, think through what they want to achieve and adapt it to the present political environment. They are emboldened by their ideological beliefs, but prudent enough to achieve favorable compromises.

Dogmatists are defeatists by nature, willing to claim their own virtue while blaming others for their lack of success. Fanatics are prone to violence. You'll see dogmatists and fanatics in every religion and ideology. They are not unique to either, and do not define either.

Belief in certain truths defines religion. Belief in certain principles defines ideology.

And it is possible to have religious and ideological beliefs yet still lead constructive lives in the real world. It is even possible for ideologues to force favorable compromises in the political arena.

Even the supposedly non-ideological believe in truths and principles that came from somewhere. They believe some laws are inherently more just, and some policies will inherently work better. Unless one is a psychopath or sociopath, one's conscience will embolden one to stand one's ground and, at the very least, force a compromise.

Dogmatism and fanaticism are predispositions that can embrace any religion or ideology. The process of intellectual clarity which leads to ridiculous conclusions is also apparent in every religion and ideology. But prudence also relies on a moral or ideological compass. It is hard to make one's way in the world, let alone help direct society, if you don't know where you want to go. Even the prudent need an ideology.

Wednesday, May 05, 2010

What motivates regulators and prohibitionists?

See my latest at The Partial Observer. Excerpt:
People in other countries don't really matter to Americans. Yes, we may care about them in the abstract, but they have no real bearing on our lives. There are so many people in the world dying tragically or being punished unjustly every second, it's impossible to name them all, let alone grieve about them.

There is one reason why we care so much for our fellow Americans and our country. There is one reason, for instance, why a Northeasterner gets upset about school curriculum in a Midwestern state, or a Southerner is upset about the marriage laws in the Northeast, or that everyone's concerned about the number of people without health insurance.

The reason we care is based on a law.

It's a stupid, harmful law, but it seems every country has it. Otherwise, it wouldn't be a country.

Wednesday, January 13, 2010

Social Morality, Political Immorality

Check out my latest at the Partial Observer: http://partialobserver.com/article.cfm?id=3396

"Why is the governmental use of force less offensive than bad manners?"

Tuesday, September 01, 2009

Criminals vs. mere hypocrites

Q: What do you call a politician who supports laws against murder, but then goes out and commits a murder?

A: A murderer

Q: What do you call a politician who supports laws against thievery, and then goes out and shoplifts?

A: A thief

Q: What do you call a politician who would prohibit sexual jokes and suggestive behavior in the private workplace, but then makes sexual advances on his own underlings?

A: A hypocrite

Q: What do you call a politician who supports drug prohibition, even as he admits to drug use in his youth himself - for which he could have been arrested?

A: A hypocrite

Q: What do you call a politician who supports strict labor standards on businesses, and then pays undocumented workers as nannies and housekeepers?

A: A hypocrite

Q: What do you call a politician who supports immigration restrictions, and then pays undocumented workers as nannies and housekeepers?

A: A hypocrite

Q: Why did I not call the murdering politician and the thieving politician hypocrites?

A: Because the most condemnable aspect of their behavior is that their crimes had victims.*

Q: If hypocrisy is the worst thing about the crime, why is it even a crime?

A: Don't ask me. To pass a law against victimless, consensual behavior is itself a crime.

* Sexual harassment can involve a victim, depending on the terms of the employment contract, which can bring on a civil suit. The hypocrisy comes in because the politician would regulate private property and personal associations to outlaw behavior he himself engages in.

Tuesday, July 28, 2009

Ethics in Sports: P.R., Profits, and Wins

About a year ago, Manny Ramirez was traded from the Red Sox to the Dodgers. He lifted that then-mediocre club to the division title and NLCS. Before then, however, he was accused of some awful things by the Red Sox, particularly quitting on the team.

Bill Simmons, a Red Sox and Manny fan, cast some doubt on this. What I couldn't get over about Manny is that he shoved a traveling secretary to the ground after he was told his unreasonable request might not be fulfilled.

That seemed to be an underrated story, whereas the fact that Manny didn't run out ground balls seemed overrated to me. If Manny is a jerk, or "bad guy," it is demonstrated in how he treats the support staff.

And then Manny gets caught with a banned substance after MLB had instituted drug testing, demonstrating that he's a cheater, and is suspended for 50 games.

Yet he's cheered by Dodger fans.

Meanwhile, ESPN radio has reported that Henry Aaron is urging Pete Rose's reinstatement to baseball. Even though as a manager Rose would bet his own team, which compromised his judgment. After all, what is a manager, really, but a manager of relief pitchers? Betting on games could have clouded Rose's judgment to the detriment of the best long-term interests of the team. (The only thing more compromising, of course, would have been betting on the other team.)

Then again, he has been banished for twenty years. Perhaps reinstating him now would be a gracious act.

Meanwhile, Michael Vick has been conditionally reinstated by the NFL. Two years ago, the nation was horrified by revelations of dogfighting. Now, plenty are saying "What he did was horrible. He served his time and paid his debt, let him play!" Others are saying, "If I were convicted of a felony, I wouldn't be hired back. Why should Vick?" Team owners, however, fear the public relations and ticket implications of signing this guy, not sure if he's still a pariah.

Daunte Stallworth killed a man while driving drunk and got less than a month in jail. The New York District Attorney, meanwhile, is demanding prison time for Plaxico Burress, who accidentally shot himself in the leg. Should Stallworth ever play again? Will anyone sign Burress?

Terrell Owens was kicked off one team and released by another even though he could still play. Quarterback Jeff George was out of the NFL before the age of 35, even though he could still throw a beautiful long pass. As late as last year, at 41, he thought he could still play. Neither of them had scrapes with the law.

What do these stories have to do with each other? To me, they just go to show that a commissioner's decision to suspend or reinstate an athlete, or a GM's decision to sign or release an athlete, has little to do with judging the content of the player's character. One player may be embraced despite a conviction; another released solely because of personality clashes. It's not about the interests of any particular individual or what anyone "deserves," it's about the interests of the organization. For the League, suspending and reinstating players is about public relations and profits. For individual teams, it's about public relations, profits, and winning games.

This may seem cynical, but I actually believe that p.r., profits, and wins really are the only impartial, ethical assessments to determine a player's eligibility. If I'm a team owner and Michael Vick is available, I'd be asking my marketing and p.r. guys what they thought were the implications of signing him. Backlash and protest? Public embrace? Only then would I ask my GM and coaches what they thought about Vick as a player and teammate.

What if I say, "No, I can't stand what Vick did. He doesn't deserve a chance?" Or what if I say, "Vick got screwed; the dogs were his own property. I'm signing him as a way of giving the finger to the prohibitionists of the world?" Either way, I would be putting my own narrow perspective above the interests of the club. This is unethical because it is willfully stupid - foolish.

Sometimes there are no right or wrong answers. Sometimes there are just business decisions, all of which are calculated risks, and they can be judged only by the results.

Tuesday, June 23, 2009

Why blackmail should be legal

Trying to make sense of this AP report:
The husband of Sen. John Ensign’s former mistress made “exorbitant demands for cash and other financial benefits” through an attorney, an aide to the Nevada Republican said Friday.

In a statement, Ensign spokesman Tory Mazzola said the demands from an attorney for Doug Hampton were made within the past month.

“The demands were referred to Senator Ensign’s legal counsel, who is handling the matter going forward,” the statement said.

Mazzola did not name the attorney nor immediately respond to requests for additional details.

Hampton’s lawyer, Daniel Albregts, did not immediately respond to messages seeking comment.

The FBI in Las Vegas and Las Vegas police said Friday they were not investigating the matter.

The headline says Hampton tried to "extort" money from Ensign. "Extort" is a strong word, which I associate with mobsters demanding "protection" money from neighborhood businesses. This sounds more like the commonly-understood definition of blackmail: the willingness to keep a shameful secret for a price.

Ensign decided not to pay the price, and came public with his adultery before Hampton broke it to the media - even though this has harmed his political career. I don't care one way or the other what happened, but it seems odd that Hampton is being viewed as having done something unethical and possibly illegal. Blackmail is actually perfectly legitimate:
  • It gives the relatively powerless some leverage against exploitive, shameful conduct of the powerful.
  • It also gives the powerful the opportunity to maintain a healthy separation between their public and private lives. Purchasing their right to privacy is better than having no privacy at all
  • In cases like this, it gives the aggrieved party, Hampton, a chance to receive compensation
I certainly hope the FBI doesn't investigate. Blackmail doesn't constitute a violation of rights and therefore can not be a crime. To the extent there are federal or state laws against it, they should be repealed.

Otherwise, families like the Hamptons who are used and abused by powerful people are denied their one best option to receive fair compensation.

Friday, May 22, 2009

More on the rights of the child

My post on Daniel Hauser sparked some criticism among Facebook friends, and I said I will elaborate further on children's rights.

A day or two later, we found nightmarish evidence of what can happen when a country disregards the rights of children. Obviously, no decent person wants anything like that here, whether or not it's run by a church. But then, what direction should we go in the treatment of children?

First, I hope it is clear that I understand that children do not think like adults, and often don't have enough information to make good judgments. Anyone with any sense understands that, including Murray Rothbard, whom I cited.

I think one mistake I made in citing Rothbard's chapter on children by itself, outside the context of the larger book, is it neglected the larger context. Rothbard defines what rights are and what they are not, then applies his theory to certain situations. At first it seems extreme, but then one sees that freedom creates its own checks and balances.

I believe the explications found there are sound, and that freedom (non-aggression) should be the default assumption in all circumstances. Scenarios like pandemics, natural disaster, and invasion which threaten the survival of the community/country may require drastic measures, just as some wars may be justified. But one who goes about searching for a theory to justify war is in fact looking for an excuse to go to war, and one who goes about creating a theory of when violating rights is justified is just looking for an excuse to violate rights.

Here's an example, in another context, on how freedom creates its own checks and balances: the lawsuit defamation against a CSI producer would not be permitted in Rothbard's society because no one can "own" their own reputation (that is, they can not control the opinions of others). If someone spreads lies about me, no harm has been done to my person and property; at the same time, I am free to make counter-claims. I could defame those who defame me.

But, it could be objected, defamation is still wrong and ought to be punished. In practice, however, this position is discriminatory. A defamed poor person probably couldn't afford the legal counsel to bring a lawsuit. A celebrity who denies claims made in a gossip rag will be constantly asked, "So why don't you sue them?" There may be very good reasons not to sue, such as to protect one's privacy, yet failure to bring a defamation gives default credibility to the gossips and accusers, which is egregious.

In the absence of defamation law, however, every claim one person makes about another would more likely be instantly unbelievable unless actual evidence is presented.

Likewise, in Rothbard's society paying someone to keep a secret - i.e., blackmail - would also be permitted. The fact that it's not permitted today means individuals have an incentive to spill the beans about other people's dirty laundry, hardly conducive to polite, civil discourse. If you photograph Michael Phelps smoking a joint, you could approach him first and name your price to keep the secret. I think everyone, including the larger society, would have been better off if that occurred.

That's just an illustration of how freedom, not government laws, creates a system of checks and balances.

Now regarding obligations owed to children: child abandonment would be less likely if there was a free market for the custodial rights of children. In our present age, it is very cruel to manipulate a scared pregnant young girl to agree to an adoption, when we know many will instantly regret it at the time of birth and have a wound in their soul for the rest of their lives. It makes far more sense to pressure no one into adoption, but allow mothers, once they realize they can't handle or don't want the responsibility, to either give away or sell their custodial rights. This will likely lead to fewer dumpster babies and fewer abortions.

Regarding the rights of children. We should note that a child who runs away and changes his mind after twenty minutes will be in no more or less danger of encountering molesters in Rothbard's society than he is now. Moreover, an immature child who leaves in protest of his parent's discipline would actually have to try to persuade somebody else to take him in. But the fact that it's an option will create incentives in parents to provide stronger bonds of affection, communication, and trust. Families will be bound by love, not by law, and will be stronger.

But what about children, on their own or with their parents, who seem determined to do things contrary to their own self-interest? Unless they pose a threat to others, such as carry a contagious disease, it's hard to see what can be done. Many a child star has come to ruin, but that doesn't mean we can prohibit child stardom. Many religious beliefs are psychologically destructive and provide toxic environments for their children, but that doesn't mean we can censor, regulate, or prohibit religion. Some children do not have a "normal childhood" because they were pushed by their parents to develop some talent, whereas others are permanently scarred because they were forced into a "normal childhood" that didn't suit them.

And just as some smoke all their lives and never get sick, so it is that some are healed through their belief in spiritual and alternative medical practices. Everyone is different, and people will be injured or killed by mistakes - but they do anyway even in our highly-regulated society. I believe we will have a more stable, orderly, and prosperous society if they were allowed the right to be different.

Tuesday, May 19, 2009

An unnecessarily hard question

Daniel Hauser, 13, clearly expresses that he does not want chemotherapy to cure his curable tumor. His parents, who would prefer alternative medicine anyway, abide by their son's wishes.

So the State Authorities demand custody to force him into chemo. Now, mother and son are on the run.

My position is based on this AP story and only on this AP story (i.e., not knowing all the facts) and the "I would" is premised on having the sufficient courage. That said, if the fugitives came to my house, I would take them in, and I would lie to the police.

But wait! The judge believes the boy "who has a learning disability and cannot read, did not understand the risks and benefits of chemotherapy and didn't believe he was ill."

How smart does he have to be to be granted the right to control his own life? Does a mentally-ill or retarded adult, who harms no one else, have no rights in a similar situation?

But wait! He's just a child!

But rights are rights! If the boy does no harm to anyone else, he has the right to control his own body.

But wait! He's under the excessive influence of his parents!

I agree with Murray Rothbard that children have the right to run away from their parents at any time, and if they choose to let someone else take care of them, fine. If they want to be on their own, fine.

If this boy wanted chemotherapy and his parents didn't want him to have it, no state law should ever protect the phony "rights" of the parents to prevent chemo. On the other hand, the parents should not be compelled to pay for it either, because that would violate their rights. The child, rather, would have the right to put himself up for adoption to someone who would provide for his needs better than his parents have.

As it is, it appears that the deep-felt desire of the child and the values of his parents coincide. They might not be your values, but that's the way it goes in a religiously and culturally diverse society. The fact that the child's wishes accords to his parent's wishes is evidence that they're good parents. Are we to have a religious test before anyone is allowed to become a parent?

But the child will die if he doesn't undergo chemo!

The placebo effect, healing by the mere belief that the medicine will work, works just as often as "real" drugs and surgery. But let's say you are correct and the young man dies.

To be blunt: unless you know this particular person, what's it to you?

People die every day. Children die every day. We can't stop it.

It's the principle. The State can't protect every life, but it should protect it when it can.

But here's what's really happening when the State goes to great lengths to capture these fugitives and impose chemo:
  • resources that could have gone to protecting communities from murderers are squandered;
  • resources that could have gone to care for poor pregnant mothers, and poor sick children who want treatment, are squandered
In other words, more lives could be lost in the effort to save this one. And for what "principle," really?
  • that the State can grab and torture a young man against his will, so long as it's for his "own good."
  • that children have no rights.
  • that parents who have the nerve to protect the rights of their children are the real criminals.
Those are not principles I'd go to great lengths to defend.

That said, I'm not faulting the judge in this case, except to the extent he chose to be part of the system. Judges who are not compliant bureaucrats are activists who place themselves above the law. This one appears to be a compliant bureaucrat doing what state law requires.

But the state law is unacceptable. It is ironic that cases like these seem like "hard ethical questions." What makes them hard is that we don't recognize that equal rights mean children have the same rights as everyone else. The State is going to great lengths to save Daniel Hauser's life, but at the same time, it is denying his very humanity.