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Post 40

Friday, July 20, 2007 - 10:10amSanction this postReply
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I am going to point out a couple of arguments here without giving either my blessing:

1 - I don't believe anyone here thinks racism does not exist, or the fact that government imposed racist laws when no one was racist.  The point was to say that in the absence of the government imposition, the racism would have disappeared more quickly.  Ok, I agree with this one.

2 - This one maybe not:

There are certain default requirements that a business must have, and not all are unreasonable.  For instance, even setting up a corporation requires certain legal formalities, and then it is recognized.  Now that being the case, essentially business and contract law and what supports business receives, in essence, some degree of sanction by the government as well as protection.  In return, is it not reasonable that a business open to the public be required to maintain some basic standards, such as selling to anyone who has the money?  Otherwise, the business is not acting in accordance with its accepted nature.  As such, it can be subject to sanctions (such as fines) or closure or revokation of licences or status as a corporation, depending on how it is structured.


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Post 41

Friday, July 20, 2007 - 10:48amSanction this postReply
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Jordan:

John and Teresa,

I'm not evading. Nasty insinuation.


Sorry I don't mean it to be only that I asked you the question more than once and each time you didn't give me a direct answer, now in this last post you did.

John, In the law world, "damages" refer to what someone owes in terms of money, not what someone suffers. I know that's weird for non-lawyers.


Thank you for the condescension. I didn't realize a law degree was required first before discussing man's rights?

He suffers by being denied a house, a job, a diploma, a drink of water, whatever by virtue of his race.


And each time you ask that I will ask you again why is he entitled to someone else's house, water, or is entitled to force someone provide them a job or diploma?

His life under these circumstances is diminished when compared to his life without these circumstances.


And someone who has bad credit and denied a loan his life is diminished when compared to his life without these circumstances. That's a non-sequiter. Man does not have the right to demand others dispense with their property so that they can maximize their welfare. This is purely a utilitarian argument.

John:I thought you said there ought to be civil remedies to deal with business owners discriminating his customers based on race?

Jordan: Yes, that's what I'm arguing. I'm not sure I'd frame the civil remedies as "entitlements," which can be another weird term of law. But maybe I would frame it as such as you're using the term in that people deserve to be treated ethically, and racism is unethical.


I don't care how the law is now Jordan, you're not going to get very far proving a moral argument by stating how the law currently works. Laws have been known to be immoral in the past and certainly many of them now are, so if you want to discuss this further you have to argue why the law ought to be not how the law is. There are many unjust laws on the books so how is this a valid argument to continue with such civil remedied anti-discrimination laws? And any civil remedy where the defendant loses requires he forcibly gives up a portion of his property. In this case he is giving up property he never owed to the discriminated. So I'm sorry you have a problem with word "entitlement" but that is precisely what it becomes when the discriminated had no business dealing or voluntary agreement to trade goods with the racist owner but then can force such a trade to take place and forcibly take his property by means of the courts. I call that government sanctioned extortion


Also, I think it's arbitraty to discern "political" oppression from "private" oppression. If the end is the same, the target of oppression shouldn't have to bend over and take it just because it comes from one source and not another.


You are twisting the meaning of oppression. Oppression is defined as an individual prevented through force from exercising his freedom of action. It can be the government, or can be a group of individuals, or can be one individual performing the force. So the discriminated in this example we've been arguing had no agreement with the racist business owner to begin with so the racist business owner did not "oppress" the discriminated. It is oppression once the discriminated uses the courts to forcibly take another persons property or force him into a transaction when the two parties had no prior trade agreement. Your right it doesn't have to be the government oppressing others, but why should it be any more moral if a private individual oppresses another by forcibly taking his property?


Post 42

Friday, July 20, 2007 - 11:43amSanction this postReply
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John,

I wasn't being condescending. I give you my word. I just wanted to explain that we were using the term differently.  Same with the term "entitlement."
.... I will ask you again why is he entitled to someone else's house, water, or is entitled to force someone provide them a job or diploma?
Because the alternative is to sanction the racists unethical behavior. (But read below re "entitled.")
And someone who has bad credit and denied a loan his life is diminished when compared to his life without these circumstances.
Yes, but it might be rational and ethical to deny bad credit or loan. See, I'm not arguing that victims of racism are entitled (if I understand your meaning) to wealth they're denied, per se; I'm arguing that the victims are entitled not to be victimized by racism. If the only way to de-victimize them is to compel the racist to let the black guy use his water fountain, so be it. Again, the alternative is to sanction the racist at the expense of his victim.  

And to be sure, it's not necessarily utilitarian to argue that people shouldn't always have to suffer the unethical behavior of others just because such behavior doesn't entail physical force initiation. 
 
And I agree that I should be arguing how the law ought to be. Because I'm basically arguing for the status quo (i.e., civil rights laws), I just refer you to how the law is for examples of how I'm suggesting it ought to be.  Saves me the trouble of reinventing the wheel.

Lastly, I disagree with your definition of oppression, as I don't restrict oppressive behavior merely to that entailing physical force initiation.  For what it's worth dictionary.com defines oppression first as: "the exercise of authority or power in a burdensome, cruel, or unjust manner."

Kurt,
The point was to say that in the absence of the government imposition, the racism would have disappeared more quickly.
I think there is evidence to support this point.  I think that's fair.  I'll leave your other point to the wolves.

Jordan

(Edited by Jordan on 7/20, 11:49am)


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Post 43

Friday, July 20, 2007 - 12:21pmSanction this postReply
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Jordan:

I'm not arguing that victims of racism are entitled (if I understand your meaning) to wealth they're denied, per se; I'm arguing that the victims are entitled not to be victimized by racism. If the only way to de-victimize them is to compel the racist to let the black guy use his water fountain, so be it. Again, the alternative is to sanction the racist at the expense of his victim.


So Jordan basically your argument boils down to this.

A property owner discriminating on who to sell his property to based on racial standards is more immoral than forcibly taking other people's property against their will. Therefore according to your logic, owning property is not a right.


And you never established how they are a victim? How can someone be a victim if they were never owed property to them to begin with? What is your definition of a victim?

And to be sure, it's not necessarily utilitarian to argue that people shouldn't always have to suffer the unethical behavior of others just because such behavior doesn't entail physical force initiation.


I see. So now if the behavior doesn't entail physical force initiation but is unethical, it can be illegal? Then what about:

-Having an affair

-Drinking alcohol to excess or drug abuse

-Lying to your parents about your grades

-Spreading false rumors (provided they are not for the purpose of or result in financial damages)

-Using your expression of free speech to advocate socialist policies, i.e. advocate government oppression

-Burdening your family or friends by asking for financial assistance but make no effort to pay them back

-Mocking another persons pain and suffering when you hear they had a recent death in the family

-Producing adult pornography


Lastly, I disagree with your definition of oppression, as I don't restrict oppressive behavior merely to that entailing physical force initiation. For what it's worth dictionary.com defines oppression first as: "the exercise of authority or power in a burdensome, cruel, or unjust manner."


Perfect! So how does a private property owner choosing how to dispense with his property considered an "exercise of authority or power in a burdensome, cruel, or unjust manner"?

Post 44

Friday, July 20, 2007 - 1:50pmSanction this postReply
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Hi John,
So Jordan basically your argument boils down to this.

A property owner discriminating on who to sell his property to based on racial standards is more immoral than forcibly taking other people's property against their will. Therefore according to your logic, owning property is not a right.
The first sentence is close; the second is not.  I think it's worse racially to discriminate in business transactions than it is to compel someone to the racist not get away with his racism in that situation.   I also think it is not right to own property where the determining reason for the ownership is racism and where the effect of retaining that ownership is to the detriment of others.
And you never established how they are a victim? How can someone be a victim if they were never owed property to them to begin with? What is your definition of a victim?
A victim is someone injured by unethical or unjust behavior. (off the top of my head.)
So now if the behavior doesn't entail physical force initiation but is unethical, it can be illegal? Then what about: . . . .
Again, I'm just concerned with business transactions. I'd rather distill the principle before applying it to every situation. Nevertheless, perhaps a small explanation for my limitation of scope is in order.  I'm not interested here in dealing with the unethical nonforceful behavior (UNB) that is only self-harmful, as might be portrayed in several of your examples.  I'm also not interested here in dealing with UNB that is without seriously injured victims, as is also portrayed in several of your examples. De minimis non curat lex, as they say. Finally, I'm not interested here in dealing with UNB that is terribly difficult to protect against, which is often the issue with private UNB, again which many of your examples describe. I am interested in UNB that is harmful to others, that is serious, and that is reasonably feasible to protect against.  And I'm interested in exploring civil rights laws in particular -- which grounds us in reality -- and civil rights law are all about business transactions.
Perfect! So how does a private property owner choosing how to dispense with his property considered an "exercise of authority or power in a burdensome, cruel, or unjust manner"?
It seems plain to me that racism is cruel, unjust, and burdensome.  Doesn't it to you? Do I really need to lay this out? If so, I might, time permitted.

Jordan


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Post 45

Friday, July 20, 2007 - 3:22pmSanction this postReply
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Jordan wrote,
Also -- and this is to Bill, too -- just because you can't do something for yourself doesn't mean you can't do it for others. For instance, I can't fix my own, say, keyboard, because it's too complicated for me and I'll screw it up, but I can fix my neighbor's keyboard, which is simple and easy for me to fix (note: my neighbor has zero tech skills.) I still don't think that's an important point. This is far from the main issue.
Your missing the point. By "control" I meant the right to determine one's actions. In other words, if I don't have the right to determine my own behavior, then I cannot have the right to determine the behavior of others? -- since my right to determine their behavior depends on my right to determine my own behavior.

You cite the passage that I quoted from Rand in VOS:". . . . the right to life means the right to engage in self-sustaining and self-generated action -- which means: the freedom to take all the actions required by the nature of rational being for the support, the furtherance, the fulfillment and the enjoyment of his own life. . . ." (emphasis added). You then state,
It does not say the freedom to take any actions anyone chooses, which is what I think you're incorrectly claiming as the Objectivist viewpoint on ethics.
It doesn't say it explicitly, but it implies it, because without the right to determine one's own behavior, which includes the right to take whatever action one chooses, one will not have the freedom to engage in an action that is self-sustaining, should the government decide that it's not self-sustaining.

For example, suppose I conclude that drinking red wine is beneficial to my health, but the government decides otherwise and bans the consumption of alcoholic beverages, as it did during Prohibition. In that case, my freedom to engage in an action that is self-sustaining is interfered with, because I don't have the right to take an action that the government decides is not self-sustaining. If I don't have the freedom to take whatever action I choose, then the government has the right to prevent me from acting on my judgment, whenever it disagrees with me.
To be sure, Objectivism holds that rights entail such freedom.
Exactly! So, why are you saying that my statement that the right to life means the right to do whatever a person judges to be pro-life is "a misstatement of Objectivism," when it clearly is not?
But I think this is a disconnect, for "rights" that do not further life but threaten it run contrary to life, Objectivism's highest value.
You may think that it's a "disconnect," but Rand certainly didn't think so, as the passage I quoted clearly indicates.

I wrote, "But in order to engage in self-sustaining, self-generated action, one must be free to act on one's own judgment, even when others view it as irrational or mistaken."
This is just wrong. If one's judgment is objectively (not just because someone else says so) serious crapola, then it will not be conducive to self-sustaining and self-generated action.
I didn't say that if one is free to act on one's judgment, one's actions will necessarily be self-sustaining. I said that unless one is free to act on one's judgement, one cannot act in a manner that is self-sustaining (if whoever has veto power over one's action disagrees with it.) In other words, what I said is that the freedom to act on one's judgment is a necessary condition for self-sustaining action, not a sufficient condition.
Now I'm not sure if someone else gets or should get the right to boss you around in some instance just because in that instance you don't have the right to boss yourself around.
First of all, it makes no sense to refer to autonomous behavior as "bossing yourself around." What could it possibly mean to "boss yourself around," when you're the one making the decisions?! Secondly, if you don't have the right to make your own decisions, then it's only because someone else does. It makes no sense to say that no one, not even yourself, has the right to decide your behavior.
You'd think if someone else had that right, then he could do whatever he wanted to you in that situation, not necessarily something beneficial for you. I don't think that's justificable.
Again, "beneficial" by whose judgment? If someone else has the right to control your behavior for the sake of what is "beneficial," then he can claim that anything he forces you to do is beneficial. The fact that you may disagree that it's beneficial is irrelevant. You have no say in the matter, since in the event of a disagreement, his judgment trumps yours.
I'd suggest interference, if at all, for the benefit of the dangerously irrational fellow.
Assuming that you mean "dangerous" to himself and not to others, who has the right to decide whether or not your behavior is dangerous to yourself? You or the government? If the government, then the government is free to declare any behavior that it doesn't like as "dangerously irrational" and to prohibit it. In the Soviet Union, people who opposed communism were declared "dangerously irrational" and confined to state mental institutions.
But assuming that someone else were entitled to some degree of freedom to boss you around in lieu of your poor ability to do so in some situation . . .
"Poor ability" is far too loose a standard to warrant interference in your choice of action. People's abilities vary. How "poor" does your ability have to be in order for you to lose the right to make your own decisions? Should the government ban smoking, on the grounds that smokers exhibit a "poor ability" to care for their health? Should it confiscate people's earnings on the grounds that they exhibit a poor ability to spend their money? And if your answer is "yes," who decides whether or not my ability to care for my health or spend my money is sufficiently poor to warrant government intervention and confiscation? Why the government, of course!
-- like if I have the right to disarm my irrationally distraught suicidal friend -- it's a stretch to call you my slave and I your master. That's just hyperbole. He's a beneficiary of my actions. Objectively so. I'm helping him achieve his highest value -- life -- even though he doesn't recognize that it's is highest value at that time.
On what grounds do you assume that life is his highest value, if he no longer chooses to live? You have no basis on which to make that assumption, if his actions indicate the opposite. Besides, you're ignoring my qualification that disarming the distraught friend could be justified if it were established that he is not in his right mind (i.e., if he were delusional or psychotic), but if he were clearly of sound mind and simply didn't value living any more, then you would have no right to force him to stay alive. He has the right to act on his judgment, even if you disagree that he is acting in his best interest. Otherwise, you do indeed become his master; and he, your slave. Based on your theory, why wouldn't you also have a right to to prevent him from drinking wine or smoking cigarettes, if you thought that these things weren't good for him?
And this isn't just a question of whose judgment should govern.
It isn't?? Then please tell me whose judgment should govern in the event of a disagreement? The moral agent's or someone else's (e.g., the state's)?
If we objectively know what's right or wrong, and if the wrong is horrendously and dangerously wrong, there's little point in letting the wrong person suffer the consequences for it.
Of course, if his action were dangerous to others, you'd have a right to prevent it, but I take it that you mean dangerous to himself. But why "horrendously and dangerously wrong"? Why not just wrong or anti-life, since that seems to be your main thesis anyway? Furthermore, if, as you say, there's "little point" in your letting others do what you think is bad for them, then there's little point in the government's letting you do what it think's it's bad for you. Is that the kind of power you'd like to invest in your government -- the authority to control your behavior whenever the government views it as undesirable? Is that the kind of political system you favor?
It won't just be a learning experience. And it certainly won't sustain and generate his life. Sure, someone has discovered what's objectively right, but that doesn't make it any less objectively right.
Who said it did? Again, you're missing the point. The point is simply that in the event of a disagreement over how one should act, someone's judgment must prevail -- either yours or some other agent's, such as the government's. If the government has the right to make the decision, then you don't, and vice-versa. This has nothing to with whether yours or the government's decision is objectively right or wrong.
The fact that racism is wrong does not depend on one's ability to judge it so. Just because the racist guy disagrees doesn't mean the truth of the matter is unclear.
Well, it's not clear to the racist! As others have already noted, the same argument that you give for banning racist behavior could be given for banning religious behavior, viz, that religion is irrational and harmful to the people practicing it. So, would you favor a ban on religion as well?
Good and bad aren't just a matter of personal judgment.
They're not just a matter of personal judgment, but if they're in dispute with respect to the propriety of a given action, then someone's judgment (rather than someone else's) must authorize the action -- either the actor himself, or someone other than the actor. That's the point, and it does not imply subjectivism in ethics.
Next, the value of life is not always preserved by the right to kill yourself.
The right to kill yourself is implied by the right to freedom of action, which, in turn, is implied by the right to sustain your life. Without the right to act on your judgment, which implies the right to end your life, you have no right to sustain your life, if the government disagrees that your action is self-sustaining and can prevent you from taking it. Suppose, for example, that a life-saving drug is kept off the market, because the government won't allow people to take it, unless it undergoes an extensive period of testing, lasting several years. If people whose lives could otherwise be saved by the drug die before it is allowed on the market, their right to self-sustaining action has been violated, because they have not been allowed to decide for themselves whether or not the drug is beneficial or harmful and to avail themselves of it. This is the sort of thing that is happening now, Jordan, and would happen under the paternalistic system that you are advocating.

There can be no right to self-sustaining action without the right to freedom of action!

- Bill


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Post 46

Friday, July 20, 2007 - 3:52pmSanction this postReply
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For the record regarding Coase's stolen-concept theory of property rights ("legal" re-allocations based on legislated utilitarianism) ...

http://rebirthofreason.com/Forum/ObjectivismQ&A/0137.shtml

Ed
[I came in at post 13]


Post 47

Friday, July 20, 2007 - 4:22pmSanction this postReply
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Hi Bill,
.... if I don't have the right to determine my own behavior, then I cannot have the right to determine the behavior of others? -- since my right to determine their behavior depends on my right to determine my own behavior.
So if I don't have, say, the right to jump up and down, then I can't have the right to make other people jump up and down? Still doesn't make sense to me.
It doesn't say it explicitly, but it implies it, because without the right to determine one's own behavior, which includes the right to take whatever action one chooses, one will not have the freedom to engage in an action that is self-sustaining, should the government decide that it's not self-sustaining.
I disagree that there's such an implication. And again, precluding objectively unethical and dangerous behavior doesn't impinge on self-sustaining action. Sure, if the government forbids self-sustaining actions, then it forbids them. But in forbidding racist behavior, the government is not forbidding self-sustaining action, because racism is objectively not self-sustaining.
If I don't have the freedom to take whatever action I choose, then the government has the right to prevent me from acting on my judgment, whenever it disagrees with me.
Another false dichotomy. This doesn't have to be an all or nothing. If the government inteferes with one thing you choose to do, that doesn't mean it can interfere with everything you choose.  Besides, it already interferes with force-initiation choices, thus disagreeing with all who would otherwise choose to initiate such force. 
Exactly! So, why are you saying that my statement that the right to life means the right to do whatever a person judges to be pro-life is "a misstatement of Objectivism," when it clearly is not?
Objectivism says the goal of ethics is life. Pro-life actions good. Anti-life actions bad.  But then Objectivism espouses rights to do whatever, so long as there's no force initiation.  There's a disconnect here, and you're probably right that Rand didn't see it, but she didn't address it either, at least not to my satisfaction. So I believe you misstate the ethical discussion by imposing on it the rights discussion.  Specifically, the goal of life, of self-sustaining/generated action, is not furthered with the right to do whatever one wants, which includes doing very anti-life stuff.  I believe Rand would agree with that, but enough of what Rand would think.  If one doesn't have the right to racist behavior, that doesn't mean he lacks the right to do everything else.
I didn't say that if one is free to act on one's judgment, one's actions will necessarily be self-sustaining. I said that unless one is free to act on one's judgement, one cannot act in a manner that is self-sustaining
So if I can't choose to do something -- and we're just talking about one thing here (racism) -- that is seriously unethical, irrational, and harmful, then I can't sustain my life? Makes no sense.

Again, "beneficial" by whose judgment?
This and much of the rest of your post still sounds subjectivist. You keep qualifying what's bad with what "I think" is bad. Again, it doesn't matter who judges when the answer is in. Do you doubt the certainty that racism is unethical? Are you questioning whether such certainty is possible, e.g., gray morals?
If someone else has the right to control your behavior for the sake of what is "beneficial," then he can claim that anything he forces you to do is beneficial
Just because he claims it's beneficial doesn't make it so.  I'm concerned only with the nonbeneficiality of racism.  Just because he can force me not to perform racist behavior doesn't mean he can force me to do anything. 
On what grounds do you assume that life is his highest value, if he no longer chooses to live?
According to Objectivism, life is one's highest value, objectively, even if he doesn't know it. I acknowledge, however, that there is equivocation on this point. If one doesn't act to "gain and/or keep" life, does that mean life is not of value to the person? And if one acts to gain and/or keep, say, bananas, does that make bananas his highest value?  The problem here is with the term "value." As a verb, it tends to mean "desire": A value bananas. As a noun as objective of a preposition, it tends to mean "benefit": Bananas are of value to me. Discussing "value" here probably brings us too far afield, and I've been over this many times, anyway. 
ignoring my qualification that disarming the distraught friend could be justified if it were established that he is not in his right mind (i.e., if he were delusional or psychotic
It's my hypo. My friend isn't delusional or psychotic.  Putting those factors into the hypo would render it too disanalogous to racism. Similarly, much of the rest of your post is beyond the scope of my discussion, as it explores scenarios outside racism in business transactions.

Folks, I can't keep up.

Jordan


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Post 48

Friday, July 20, 2007 - 7:17pmSanction this postReply
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Kurt gives a very structured viewpoint here:

In return, is it not reasonable that a business open to the public be required to maintain some basic standards, such as selling to anyone who has the money?  Otherwise, the business is not acting in accordance with its accepted nature.  As such, it can be subject to sanctions (such as fines) or closure or revokation of licences or status as a corporation, depending on how it is structured.
Is it open to the public? Who says so? Why do they say so? Which part of the public?

Actually, Kurt, businesses are private entities, not public. Corporations which cannot set their own rules are indeed "public." 

Businesses are required to declare their purpose to the government before they hang out a shingle.  

My father has been a member of private country clubs most of my life.  It isn't enough to have money to join these "corporate" entities. Most of the clubs require members to be male, invited to join by an existing member of high standing,  white, a professional of some kind, non-Jewish, with a clean criminal background check, and established handicap (for golf). Tournament play is often a stringent requirement.  If you don't play enough (or well enough), you don't get to stay.  These clubs stay in business because the government still allows a declaration of "private membership" to corporate entities which are not retailers, wholesalers, realtors, brokerages, etc.

But why does the government have a say in how business is conducted? Is that really government's purpose? 

Is someone's life "diminished" because they can't play at Augusta?  Live at the De Soto? Dine at Barberry? Attend Morehouse?

Yes, but it might be rational and ethical to deny bad credit or loan. See, I'm not arguing that victims of racism are entitled (if I understand your meaning) to wealth they're denied, per se; I'm arguing that the victims are entitled not to be victimized by racism. If the only way to de-victimize them is to compel the racist to let the black guy use his water fountain, so be it. Again, the alternative is to sanction the racist at the expense of his victim. 
Do you understand this argument, Kurt? I think I do. It says that to be denied is to be a victim.  I am a victim because Morehouse will not accept me.  It won't accept you, either.  Morehouse should be compelled, by law, to avoid its racist policies, and allow white women to enroll, lest the racists be sanctioned by...I'm not sure whom. Society in general, I guess, but certainly not by me.
Maybe if I jump up and down screaming "I've been denied!" Congress might pass some more laws trampling all over Morehouse, in an effort to make me shut up.

Ed -

You are a treasure trove of intellectual weaponry.  So is Bill.  That link lead to a post by Andrew Bissell (I miss him,) which is basically the last word to all of Jordan's idiotic arguments:

Finally, Coase inverts the concept of "harm," which in the Lockean/Randian view must be a positive act of aggression against the person or property of another. It is not an "infliction of harm" against others to expect them not to infringe upon me or my property, because my person and property are not theirs to begin with. Just because the neighbors would like my house to be pastel blue doesn't mean I'm "harming" them by refusing to let them repaint it. (Of course, if they want to offer me a few thousand dollars to change my mind, perhaps I could be persuaded .... )

"Harm" must be a positive act of aggression.  I'm going to remember that for the rest of my life.

Mere denial is a passive act, not a positive one.

I am through with this discussion. Many thanks again to Ed and Bill, and of course, Andrew.  




Post 49

Friday, July 20, 2007 - 7:57pmSanction this postReply
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I wrote, "If I don't have the right to determine my own behavior, then I cannot have the right to determine the behavior of others? -- since my right to determine their behavior depends on my right to determine my own behavior." Jordan replied,
So if I don't have, say, the right to jump up and down, then I can't have the right to make other people jump up and down? Still doesn't make sense to me.
Rand would say that you're being "concrete bound" -- that you're failing to grasp the relevant abstraction. I've rarely seen this kind of error made here. Usually, it's the opposite -- i.e., rationalism.

Look at it this way: It's not just the right to jump up and down; its the right to decide which actions to take; it's the right to decide whether or not to jump up and down. If I act only by permission -- if someone else has the right to determine my actions -- then I don't have the right to determine the actions of others -- to force them to act a certain way -- because whoever has the right to determine my actions would have the right to prevent me from doing so.

As 19th Century liberal, Auberon Herbert, put it, "no man can have rights over another man, unless he first have rights over himself.... and if we grant him the latter right, this is at once fatal to the former." (The Right and Wrong of Compulsion by the State and Other Essays, LibertyClassics, Indianapolis, 1978, p. 46.)

I hope that this makes more sense.

- Bill

(Edited by William Dwyer
on 7/20, 8:04pm)


Post 50

Saturday, July 21, 2007 - 9:03amSanction this postReply
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Hi Bill,

You think I'm being concrete bound; I think you've got yourself a floating abstraction, or perhaps just an over-generalization / hasty conclusion.
Look at it this way: It's not just the right to jump up and down; its the right to decide which actions to take; it's the right to decide whether or not to jump up and down. If I act only by permission -- if someone else has the right to determine my actions -- then I don't have the right to determine the actions of others -- to force them to act a certain way -- because whoever has the right to determine my actions would have the right to prevent me from doing so.
It still looks like you're saying: if I don't have every right, then I don't have any right; if I'm prevented from one act or choice, then I'm prevented from all. That's just not the case. If I'm prevented from controlling one of my actions, that doesn't mean I'm preventing from controlling my other actions, and there's no necessary connection between the action I can't control and my ability to control that action in others. For example, someone can stop my racist behavior, but my ability to stop someone else's racist behavior doesn't depend on my ability to be racist in the first place.

Jordan


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Post 51

Saturday, July 21, 2007 - 9:40amSanction this postReply
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I wrote, "Without the right to determine one's own behavior, which includes the right to take whatever action one chooses, one will not have the freedom to engage in an action that is self-sustaining, should the government decide that it's not self-sustaining." Jordan replied,
I disagree that there's such an implication. And again, precluding objectively unethical and dangerous behavior doesn't impinge on self-sustaining action. Sure, if the government forbids self-sustaining actions, then it forbids them.
The point is that it has the right to forbid them, if it has the right to prevent you from acting on your judgment in the event of a disagreement over what is self-sustaining and what is not. You're ignoring the examples that I gave which illustrate this: such as the wine example and the drug example. If the government has the right to prevent you from acting on your judgment, then it has the right to forbid you from doing what is of benefit to your life. Are you actually disputing this? If you are, then please present an argument that addresses these examples.
But in forbidding racist behavior, the government is not forbidding self-sustaining action, because racism is objectively not self-sustaining.
That depends on what you consider racist. Do you want the government deciding that question as well? -- because if it does, then it can prohibit as racist, behavior that you regard as self-sustaining.

Consider this: Eighty-five percent of the six felonies committed every day against cab drivers in New York city are by black men between the ages of 16 and 40. Yet cab drivers who refuse to pick up young, black men as passengers are routinely condemned for racist discrimination. Apparently, it has never occurred to civil rights activists that the drivers are simply acting out of concern for their very lives. As one cabbie put it, "Cab drivers have only one effective way of protecting themselves against the murderous thieves who prey on us. And that is to exercise experienced discretion in whom we pick up [i.e., to discriminate against young black men]. . . . Half of New York's cab drivers are themselves black, and act no differently from white drivers."

A study by Howard University in Washington, D.C. concluded that when similarly dressed blacks and whites tried to hail a cab, blacks were turned down seven times more frequently than whites. But in the lawsuits that arose from this study, none of the cab drivers accused of discrimination was white. All were African immigrants, native-born blacks or Middle Easterners. In Washington D.C., a reporter interviewed a dozen black cabbies, and found that nearly all of them refused to pick up young, black men at night. In exercising their right of refusal, these drivers risk a $500 fine for "discrimination" and eventually a suspended license, but said one, "I'd rather be fined than have my wife a widow".

In San Francisco, both taxi drivers and pizza deliverers refuse to go to certain black neighborhoods out of fear for their very lives. It is for this reason that supervisor Willie Kennedy, living in the predominantly black Bayview-Hunters Point area, was refused a delivery from Domino's Pizza. Kennedy's reaction, however, was not one of rational understanding but of moral indignation. "It's absolutely ridiculous for us to license people to do business in San Francisco (when) they do not serve the entire region", she said. "It makes me angry -- I pay my taxes in this city, and I don't get what everybody else gets."

Charles Augustine, black publisher of the Bay Area Gazette, was more realistic. Responding to Kennedy's petulant outburst, he said: "Well, let's get real. Why won't [Domino's] go there? Have you ever heard of a merchant not wanting to make a buck? The answer is "no." The reason they do not want the business is because thugs rob, beat up or intimidate service people. Now why won't blacks deal with the real problem -- that is, getting people in the neighborhood to realize that if we allow thugs to bother service people, we will not be able to get service. It drives me crazy when I have difficulty catching a cab or have to wait forever for a bus. Do we expect people to endanger themselves?"

But unlike Augustine's intelligent observations, Kennedy's moralistic cavil displays her own arrogance -- and ignorance. In the first place, Domino's Pizza is a private franchise, so Kennedy's taxes are not paying for it. Secondly, since Domino's has a right to offer people a service for which they pay voluntarily, the franchise should not be required to obtain permission from the City to do so. The exercise of one's civil rights should not depend on other people's arbitrary approval -- not even the government's. If one must gain approval to do something, then one does not have a right to do it; one is simply a lackey who functions at the whim of his or her master, which is precisely the position of a private business under governmental regulation.

As Kennedy goes on to observe, "If we can regulate everything else about businesses, we should also regulate this". Yes, and that is precisely the problem. Once you allow governmental intervention in the door, just where do you draw the line? In principle, either the owner of a business has control over its management and operation, or someone other than the owner (e.g., the government) does. There is no third alternative.

Finally, and perhaps most important, the management of Domino's has an obligation to be concerned for its employees' safety. Wally Wilcox, the owner of Domino's Pizza franchise store, stated that he does not deliver to public housing projects in San Francisco, since one of his driver's was shot after taking a pizza to a home in a dangerous neighborhood. "We've (also) had guys go after us with sticks and knives", he said. "They do all kinds of things."

Nonetheless, at Willie Kennedy's urging, the San Francisco Board of Supervisors passed a "pizza delivery law", which makes it illegal to refuse delivery of a pizza to dangerous neighborhoods in San Francisco. It is ironic that advocates of governmental intervention often point to the so-called benefits of OSHA (Occupational Safety and Health Administration) regulations, which I'm sure every member of the San Francisco Board of Supervisors would support, yet when minority interests are involved, these same supervisors see nothing wrong with voting for legislation that seriously endangers the health and safety of pizza deliverers, many of whom are poor students and immigrants struggling to get by.

Responding to this absurd legislation, one San Francisco resident had this to say: "Refusing to make deliveries to extremely dangerous parts of town reflects more common sense than unfair discrimination. Restaurants are in business to make money; having goods stolen and drivers injured is not a profitable method of operation for any business. How many of the supervisors would honestly want to deliver a pizza to the Sunnydale or Bernal Heights projects after dark?"

Anti-discrimination laws are supposed to defend civil rights, not violate them. So what kind of civil-rights law requires a restaurant to place its employees in mortal danger just in order to deliver a pizza -- or requires a cab driver to pick up passengers whom he is terrified of and who are likely to rob and murder him? It is a civil-rights law that denies workers not only the right to work for whom they choose, but also the right to preserve and protect their very own lives.

Just as the right to liberty cannot exist without the right to freedom of choice, neither can the right to life, one of the most basic civil rights of all.

- Bill



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Post 52

Saturday, July 21, 2007 - 10:03amSanction this postReply
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Jordan:

I think it's worse racially to discriminate in business transactions than it is to compel someone to the racist not get away with his racism in that situation.   I also think it is not right to own property where the determining reason for the ownership is racism and where the effect of retaining that ownership is to the detriment of others.
Get away with what? Retaining his property? Retaining property to the detriment of others? I have never heard of such a thing except from Democrats and Socialists. What detriment did the discriminated suffer? You've never fully concretized what their injury was except that perhaps their feelings were hurt? How can someone be characterized as getting away with owning his property? How absurd! Once again you are saying the property owner does not have the right to own property, and that he has a moral obligation to dispense his property based on the judgement of someone else. Your rational is the same for proponents of socialist welfare programs or eminent domain.  No matter how you try to spin it, that is essentially the crux of your argument and it is nothing more than a tyranny.

A victim is someone injured by unethical or unjust behavior. (off the top of my head.)

And how was the discriminated injured? (I fear we are just going in circles at this point)

If you mean the discriminated had their feelings hurt because they were turned down by the property owner for a transfer of property, this does not seem to me to be a valid injury the government should remedy.

Again, I'm just concerned with business transactions.
Why? Are we now picking and choosing how we apply our principles?

I'm not interested here in dealing with the unethical nonforceful behavior (UNB) that is only self-harmful, as might be portrayed in several of your examples.
How is "mocking another persons pain and suffering when you hear they had a recent death in the family" NOT unethical nonforceful behavior (UNB) that is only self-harmful?

After all if it's people's feelings that we are protecting, why not make that illegal? And if it's not peoples feelings we are concerned about but their material needs and desires that the government is responsible for, why not redistribute wealth from the exorbitantly rich and give it to the downtrodden and the impoverished?

I originally said:

Perfect! So how does a private property owner choosing how to dispense with his property considered an "exercise of authority or power in a burdensome, cruel, or unjust manner"?
To which you replied:

It seems plain to me that racism is cruel, unjust, and burdensome.  Doesn't it to you? Do I really need to lay this out? If so, I might, time permitted.
How convenient you left out the first part of the definition "an exercise of authority or power". How is someone retaining his property considered an exercise of authority or power over another?

Did you purposely ignore that or was that an honest mistake on your part? Choosing to retain your property for whatever reason cannot be construed to mean one is exercising an authority or power of another since it is his own property to begin with not someone elses! Otherwise you are saying the discriminated has a legitimate right to exercise an authority or power over the racist property owner. That is the definition of oppression.








 


Post 53

Saturday, July 21, 2007 - 10:32amSanction this postReply
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Bill excellent post. Thank you for providing that information, I wasn't aware of those instances. I only wish I could sanction your post multiple times.

Post 54

Saturday, July 21, 2007 - 11:51amSanction this postReply
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Hi Bill,
...such as the wine example and the drug example. If the government has the right to prevent you from acting on your judgment, then it has the right to forbid you from doing what is of benefit to your life. Are you actually disputing this? If you are, then please present an argument that addresses these examples.
I am disputing that your judgment is always needed for your life's benefit. I'm not disputing that if the government forbids what is of benefit to you, then it forbids what is of benefit to you. I am disputing that if a government forbids what is objectively (independent of anyone's judgment) bad for you, then it is forbidding what is of benefit to you, even if you fail properly to judge the act as bad.

Next, I'm familiar with the scenarios you listed.  Like I said, I'm concerned only with irrational, unethical, and harmful racism. I think there's good reason to believe those scenarios don't foot this bill. I'm concerned with the clear-cut cases of irrational, unethical, harmful racism.  I might well take issue with the government intrusion into your scenarios.

John,

We are going in circles. I've explained how I think the target of racism suffers. Without being rented a room, he suffers the elements. Without being let to drink at a water fountain, he goes thirsty. Without being allowed a job, he runs poor.  Are you really saying that exposure, thirst, and poverty don't amount to suffering? This isn't just getting feelings hurt. Do you acknowledge this? Try answering some of my questions for a change.
Why? Are we now picking and choosing how we apply our principles?
No. I'm focusing the discussion.  I'd rather not have to determine, in this discussion, whether the principle applies to every scenario under the sun.  In the very least, if you want to venture away from business transactions, at least conjure scenarios dealing with clearly unethical, irrational, and harmful (to others) behaviors that are reasonaby preventable by others.
How is "mocking another persons pain and suffering when you hear they had a recent death in the family" NOT unethical nonforceful behavior (UNB) that is only self-harmful?
Uh...where's the seriously injured victim, and how do you plan to enforce non-mockery here? That's why this is not a scenario worth entertaining here.
How is someone retaining his property considered an exercise of authority or power over another?
Again, I think that's fairly plain and didn't think I needed to say it for it to be understood.  Again you accuse me of evasion.  Knock it off. 

If you're in the middle of a circle of people who lock hands, thereby preventing your escape, are they exerting power over you? I say yes. They have power in the sense that they shape your world; they determine it in some meaningful sense.  What one does with one's own property can have an effect on me, a powerful one.

Again, I disagree with your view of oppression.  Limiting what one can do with one's property does not automatically amount to oppression.  If a law prevents me from turning my household products in dirty bombs, then am I being oppressed? Answer.

Jordan


Post 55

Saturday, July 21, 2007 - 12:01pmSanction this postReply
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Whether he chooses to acknowledge it or not - he IS VERY concrete-bound......

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Post 56

Saturday, July 21, 2007 - 1:28pmSanction this postReply
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I can deal with only one issue at a time:

"If you're in the middle of a circle of people who lock hands, thereby preventing your escape, are they exerting power over you? I say yes."

Of, course ... it is non-retaliatory physical force, which is condemned by every Objectivist. 

"Without being rented a room, he suffers the elements. Without being let to drink at a water fountain, he goes thirsty. Without being allowed a job, he runs poor."

If the room wasn't there in the first place would he then also suffer the elements? If the water fountain wasn't there would he then also go thirsty? If the job didn't exist would he  then also be poor? Does everyone have the right to a job? If so, who are you going to force to give him one? Me?

Sam

(Edited by Sam Erica on 7/21, 2:42pm)


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Post 57

Saturday, July 21, 2007 - 3:20pmSanction this postReply
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Quotes difficult, if not impossible, to square with Jordan's line of reasoning here ...


"It makes no difference whether a good man has defrauded a bad man or a bad man defrauded a good man, or whether a good or a bad man has committed adultery: the law can look only to the amount of damage done."--Aristotle, 340 B.C.

"Persecution in intellectual countries produces a superficial conformity, but also underneath an intense, incessant, implacable doubt."--Walter Bagehot, 1874

"The right to unite freely and to separate freely is the first and most important of all political rights."--Mikhail A. Bakunin, 1868

"The public good is in nothing more essentially interested, than in the protection of every individual's private rights."--William Blackstone, 1783

"It is not uncommon for ignorant and corrupt men to falsely charge others with doing what they imagine that they themselves, in their narrow minds and experience, would have done under the circumstances."--John H. Clarke, 1917

"It will be found an unjust and unwise jealousy to deprive a man of his natural liberty upon the supposition he may abuse it."--Oliver Cromwell, 1654

"In a civilized society, all crimes are likely to be sins, but most sins are not and ought not to be treated as crimes."--Geoffrey Fisher, 1959

"The Constitution is not a panacea for every blot upon the public welfare. Nor should the Court, ordained as a judicial body, be thought of as a general haven for reform movements."--John Marshall Harlan, 1964

"The convoluted wording of legalisms grew up around the necessity to hide from ourselves the violence we intend toward each other. Between depriving a man of one hour from his life and depriving him of his life there exists only a difference of degree. You have done violence to him, consumed his energy."--Frank Herbert, 1965

"Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment."--Oliver Wendell Holmes, Jr., 1904

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."--Robert H. Jackson, 1943

"The legal code can never be identified with the code of morals. It is no more the function of government to impose a moral code than to impose a religious code. And for the same reason."--Robert M. Maciver, 1947

"In existing criminology there are concepts: a criminal man, a criminal profession, a criminal society, a criminal sect, a criminal cast and a criminal tribe, but there is no concept of a criminal state, or a criminal government, or criminal legislation. Consequently the biggest crimes actually escape being called crimes."--P.D. Ouspensky, 1931

"In vices, the very essence of crime--that is, the design to injure the person or property of another--is wanting. It is a maxim of law that there can be no crime without a criminal intent."--Lysander Spooner, 1875

"To require conformity in the appreciation of sentiments or the interpretation of language, or uniformity of thought, feeling, or action, is a fundamental error in human legislation--a madness which would be only equalled by requiring all to possess the same countenance, the same voice or the same stature."--Josiah Warren, 1855


Ed



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Post 58

Saturday, July 21, 2007 - 3:56pmSanction this postReply
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I wrote, "...such as the wine example and the drug example. If the government has the right to prevent you from acting on your judgment, then it has the right to forbid you from doing what is of benefit to your life. Are you actually disputing this? If you are, then please present an argument that addresses these examples." Jordan replied,
I am disputing that your judgment is always needed for your life's benefit.
So, how do you decide when it is needed and when it isn't? And who has the right to make that decision -- you or the government?
I'm not disputing that if the government forbids what is of benefit to you, then it forbids what is of benefit to you. I am disputing that if a government forbids what is objectively (independent of anyone's judgment) bad for you, then it is forbidding what is of benefit to you, even if you fail properly to judge the act as bad.
My position is not that whatever the government forbids must therefore be of benefit. Did you really think that that's what I was saying? My point is that if you allow the government to determine your actions, then you are giving it the right it to forbid actions that are beneficial. It is in that respect that you are surrendering your right to self-sustaining action.
Next, I'm familiar with the scenarios you listed [in Post 51]. Like I said, I'm concerned only with irrational, unethical, and harmful racism.
So what's "irrational, unethical and harmful racism," and how does it differ from racism that is rational, ethical and harmless? Is a young, black male harmed when he is passed up by a dozen cabbies who refuse to pick him up, because they prejudge him as a potential threat? And if he is harmed, then why, according to you, SHOULDN'T there be a law prohibiting such discrimination? So what if the cabbie gets mugged. He shouldn't be allowed to discriminate, right? Isn't that what you believe? And if it isn't, then why shouldn't other businesses be allowed to discriminate on the basis of race, if they are more likely to benefit from it? Suppose that I stand a better chance of getting a responsible tenant who pays the rent on time, if I don't rent to blacks. Shouldn't I be allowed to practice racial discrimination in searching for a prospective tenant? And if I shouldn't, then why should a cabbie be allowed to discriminate against potential customers who are more likely to rob or murder him?
I might well take issue with the government intrusion into your scenarios.
You MIGHT well take issue with them! Gee, thanks. Nice to know that you have SOME sympathy for people's lives and property!!!

- Bill

Post 59

Saturday, July 21, 2007 - 5:50pmSanction this postReply
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Hi Bill,
So, how do you decide when it is needed and when it isn't? And who has the right to make that decision -- you or the government?
How should we determine when to protect nonforceful behavior and forbid forceful behavior? Is it my right or the government's to determine which to protect and which to forbid? Well, the government doesn't protect every nonforceful act, nor does it prohibit every forceful act, I'm afraid.  And individuals are not at liberty to protect all nonforceful behavior and inhibit all forceful behavior. I hope I don't need to provide examples. 

Under my scenario, the government would not prohibit every UNB, nor would it protect them all. What principle should govern their decisions as to which acts to protect? I imagine the principle wouldn't be very different from when to protect nonforceful acts and forbid forceful acts. It'd be something I hinted at earlier: The injury for not legislating should be serious; it should be reasonably feasible to enforce such legislation; and shouldn't deal with situations of mere self-harm.  And for purposes of this discussion, the injury should be clear-cut.  
My point is that if you allow the government to determine your actions, then you are giving it the right it to forbid actions that are beneficial. It is in that respect that you are surrendering your right to self-sustaining action.
Ok, but that's not what I'm arguing.  I'm not arguing that the government has a right to forbid beneficial actions. I'm arguing that it has the right to forbid various harmful actions, and that drawing the line strictly at those actions that initiate force is not ethically justifiable. When the government prevents me from being racist, it does not destroy my ability to sustain myself. Do you agree?

From your further cabbie scenarios, are you truly suggesting that there's no clear-cut instance of irrational, harmful, dangerous racism?  Why are you playing around the borderline cases? 
You MIGHT well take issue with them! Gee, thanks. Nice to know that you have SOME sympathy for people's lives and property!!!
Heh. I'm a softy at heart.

Robert,

I only seem concrete bound to people who have their heads in the clouds.

Sam,
If the room wasn't there in the first place would he then also suffer the elements? If the water fountain wasn't there would he then also go thirsty? If the job didn't exist would he  then also be poor? Does everyone have the right to a job? If so, who are you going to force to give him one? Me?
First, no - not everyone has a right to a job.  I'm arguing that a person shouldn't be denied a job he would otherwise get only but for his race.  For example, if a white racist employer were considering hiring one of two applicants -- one a very well-qualified black person, the other a poorly qualified white person -- and the employer hires the white applicant due only to racism, I wouldn't want the law to sanction that unethical behavior.  I'd want remedies available in order to deter it. 

Second, yes, if there were no room available, he would still suffer the elements. The difference is that in the other scenario -- with rooms available by racist owners -- the only reason he suffers the elements is due to racism.  It's akin to the difference between the metaphysical and the human-made.

Jordan


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