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Post 280

Monday, September 3, 2007 - 10:37amSanction this postReply
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Here is an example of how private funding for the criminal justice system would work if there were no taxation to support it.

Private Donations are Needed to Build a New Crime Lab
Funds are requested for the design and construction of a Forensic Science Center in Henderson, Nevada.


The City of Henderson does not have public funds for this facility, so other sources must be found quickly for this project to succeed. "Friends of Henderson CSI" recently began a major project to raise the funds.

When completed, the Center will include areas for a Forensic Laboratory, Crime Scene Investigation (CSI) Section, and Evidence Vault. Although the facility will be located in Henderson, it will play a critical role in the overall safety and security of the entire Las Vegas valley and southern Nevada. Center resources will be used in every way posssible to help the other law enforcement agencies in the region.

Your cash donations are needed, large and small. We will also institute several types of fundraising programs and we encourage in-kind donations where applicable. Individuals, groups, and businesses are encouraged to contribute financially or in-kind.

Naming Opportunities Available for Many Large Contributions

Provide a well-deserved tribute by naming a specialized room, floor, training area,or wing of the Center for an individual, group, or organization.

Important Notice: The Friends of Henderson CSI DOES NOT solicit contributions over the phone. If you receive any such requests, please DO NOT provide any personal or financial information to the caller.

Please Send Your Tax Deductible
Contributions To:

Friends of Henderson CSI
2505 Anthem Village Drive, Suite E422
Henderson, NV 89052

Post 281

Monday, September 3, 2007 - 11:53amSanction this postReply
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Very interesting, Bill.......

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Post 282

Monday, September 3, 2007 - 2:09pmSanction this postReply
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Jon, I still don't think you're getting the idea.  Since I  haven't talked to Bill about the details of this topic outside of this thread, I can't be sure that we're even suggesting the exact same thing.  So I don't want to speak for him.  But hopefully the following description removes some of your confusion.

I'm imagining living in some crappy, crime-ridden town.  I'm tired of it, and want to do something about it.  Maybe there is an existing police force and they aren't doing the job, or maybe there isn't.  So I start my own.  I get funding, possibly through contracts, donations, or fees.  I hire a few people.  Of course, we can't just go around killing criminals or wielding force.  We can't be judge, jury, and executioners.  We still have to except the decision making authority of the government, which we recognize as an objective process of evaluating the use of force in society, both in general, and as it applies in specific cases.  So the first thing that needs to happen is to train the officers in the limits of their authority.  Basically, this amounts to the same limits as police have.  No illegal search or seisures.  Must get warrants, or have probable cause.  Must never use excessive force.  Etc., etc.  Possibly part of this process requires a government license (Bill might disagree...I'm open to debate on it), confirming we have the appropriate training and are recognized by the government as legitimate enforcers of their laws.  Of course, I'd also have to train the men to properly investigate crimes, chase criminals, etc.  The day to day part of the job.  More than likely there would be existing schools for this kind of thing where I could send the men to get trained and graduate.  Or quite likely I'd just hire people who graduated already.

Now I go into business.  Maybe we specialize in particular kinds of crimes, and ignore the others.  That would all be a business choice.  The government wouldn't control which laws we enforce.  They would simply define the legal limits.  If we want to arrest someone, they would define the legal limits on that use of force.  They would limit it to simply arresting the person, and the judgments of the crime would still be handled by the judicial systems (including juries).  The records of the business would all be publicly available, and open to an inspection by agents of the government to verify that we are acting within the law.  Transparency would be crucial.  So no, these wouldn't be government run agencies that are simply funded through donations, but they also wouldn't be "truly separate". 

The use of force by anyone in my business would be heavily controlled and limited by the government.  Any violation would mean either a fine to the agency, revoking the license, or possible arrest of the employee.  The business itself might even be responsible for that enforcement, meaning we don't get to choose whether to enforce those particular laws.  I could see that as a condition for getting a license.  Anything short of full compliance could mean losing the license, fines, possible criminal prosecution, etc.  It makes sense.  If the government is going to let you wield force for them, any possible abuse by an employee would make the whole enterprise appear corrupt, unless the agency actively remedied the problem.  Since they are the source of it, they are responsible for it.

What happens if we go rogue?  From the lack of imaginative responses so far, I assume the idea is that we'd rule uncontested and nobody would do anything.  More likely, people would pay into an insurance scheme with many other enforcement agencies to guarantee that if any goes rogue, the rest get rid of them.  It's just like the state police coming in and arresting the town police when they become corrupt.  The government simply needs to declare an agency rogue, and the others will step in.  Even if nobody paid them, they'd have an incentive, since a rogue agency would be a threat to their own citizens.  More likely people would find other private schemes to deal with it.

This is a very rough example, not having ever bounced it off of anyone else for refinement.  But it gives the general idea. 

Now, back to some of your comment.  You brought up adding an Air Force, and no increased risk of rogue branches. I wasn't talking about that at all.  My point was that the group who has all the guns (the military), is not the group that makes the decisions.  According to your theory, this is an impossible state of affairs.  You try to avoid the contradiction by calling both groups by a single name (government), but that doesn't work.  Also, I'm trying to understand if adding new branches to the military would make things worse under your theory.  I would argue that it's a kind of checks and balances, where even if one branch went rogue, they'd have to deal with three other branches (plus national reserve, police, and armed populace, allies outside the country, etc., etc., etc.).  It's not shocking that things didn't become more volatile.

You also complain that since we live in a world where people want drug laws, under this new system they might get more of the it.  Yes, I agree.  We may get laws enforced better.  I also agree with Bill that people may want these laws when all it costs is a checkmark on a box, but if they are paying it themselves, they may end up deciding that it's not so bad.  But I don't see the point of this argument.  How is your scheme better?  You use violent force to steal money from the citizenry, and pursue the same laws.  If the problem is that the people making the laws aren't doing the right job, then why are you blaming it on the method of enforcement? 


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Post 283

Monday, September 3, 2007 - 3:53pmSanction this postReply
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In keeping with my example of a private crime lab in Henderson, Nevada, here the reasons given by its proponents for contributing voluntarily to this project:

1.
Your tax deductible donation will play a major part in solving crimes, preventing crime, and saving lives throughout southern Nevada.

2.
The second largest city in Nevada, with a population of over 250,000, does not have a forensic crime lab. Without a crime lab, the majority of the evidence from crimes that occur in Henderson cannot be analyzed. This affects the crime fighting capability throughout southern Nevada.

3.
The huge backlog of potential DNA evidence is not analyzed. With an estimated 42,000 packages of evidence in the Henderson Police Department Evidence Vault, consider a possible average of at least one potential source of DNA in ten percent of the packages. That equates to a backlog of 4200 DNA samples. Some of those samples may have been, and may still be useful in solving or preventing crimes.

4.
The Las Vegas Metropolitan Police Department (LVMPD) is the only full-service forensic crime lab in Southern Nevada. It cannot support all agencies in the Las Vegas Valley, and their DNA analysis capability is critically limited. In addition, LVMPD leases their laboratory buildings from private owners, adding to the potential of shutting down the lab for months, in order to move to other facilities. This last happened in 2005.

5.
Most law enforcement agencies in Nevada now send all DNA evidence to Texas, California, or to laboratories in other states for analysis. All gunshot residue (GSR) evidence is sent to Texas. No forensic laboratory in Nevada has the equipment or capability to conduct GSR analysis.

6.
Approximately 95 percent of the potential forensic evidence in Nevada's second largest city cannot be analyzed. This is due to inadequate facilities and a critical shortage of equipment and civilian analysts. The shortages are difficult to overcome without having a state-of-the-art facility.

7.
The only way to build a Forensic Science Center / Crime Lab in a reasonable timeframe is by raising funds through private individuals and organizations. The construction of a building that will house a state-of-the-art crime lab, crime scene investigation section, and evidence vault is extremely expensive. Construction material costs and labor costs are going up by thousands of dollars every day. And the City of Henderson does not have $37 million in the general fund to pay for such a facility.

8.
Scientific education opportunities will be created in an expanded Forensic Science Center and Educational Research Institute.

9.
Homeland security in Southern Nevada will be enhanced through the addition of a Forensic Science Center. A fully operational Forensic Science Center will allow for a greatly increased amount of evidence that can be recovered and analyzed. Criminals know no boundaries. Crimes solved in Henderson are often the key to solving and preventing crimes in LVMPD's jurisdiction as well as in other law enforcement agency jurisdictions.

10.
A modern Forensic Science Center in Henderson, will provide a critical resource for several law enforcement agencies in Southern Nevada.

This is one of the many different approaches that I expect would be used to garner funds for law enforcement agencies, if taxation (i.e., forced contributions) were unconstitutional. Advocates would have to persuade others of the importance of the contribution and convince them that their interests would be served by contributing to the new or existing institution or organization.

Observe that the City of Henderson does not have $37 million in the general fund to pay for such a facility. Why? Because voters didn't approve it. Would the advocates of taxes who think that government force is necessary to guarantee that enough money is available for law enforcement purposes propose that the government of Henderson or of the State of Nevada step in and override the voters' wishes? The same argument that advocates of taxation give for governmental coercion against the voluntary choices of individuals could just as well apply to governmental coercion to override the democratic process. What the proponents of taxes are really arguing for is the suspension of popular rule, regardless of whether the popular rule is expressed through individual choice or through voter preference. What they are recommending in essence is government dictatorship. That is the logical extension of their argument for negating individual choice by an all wise and benevolent authority. They ought at least to have the candor to admit that that is what they are endorsing.

- Bill



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Post 284

Monday, September 3, 2007 - 10:11pmSanction this postReply
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Bill,

I have no objection to a city seeking donations that would allow it to build a crime lab. I note that the city government of Henderson apparently must obtain voter approval for certain large public expenditures…a good thing, right? But not always, it seems, because in this case the voters appear oblivious to the objective need for this lab, as demonstrated in your long post of proponent arguments for that need. You wrote, “What the proponents of taxes are really arguing for is the suspension of popular rule, regardless of whether the popular rule is expressed through individual choice or through voter preference.” I will have something to say about this later in this post.

Joe,

Thanks for the example of a crime-ridden town where you might start a private police agency; it helps me see what you have in mind.

It sounds innocuous enough, not radical or scary, just switching to being private. Yet, I also see implications that range further than that, implications I thought of when I read that line from Bill, which I quote above.

The founders developed separation of powers to both keep force secured under one government body while also making dictatorship less likely by separating the aspects of power. The People elect reps, the reps make law, the executive enforces law and the courts “interpret.” (That’s a crude rendering and I am not a student of the philosophy of law.) The separation theory is a nuanced one, some ideas I get from it are: Avoid direct democracy by not allowing The People to make law, rather, have them vote for reps who will do that; and don’t allow the same group who makes the law to enforce the law, rather, have the enforcement done by yet another branch.

In your last post you wrote, “Maybe we specialize in particular kinds of crimes, and ignore the others. That would all be a business choice.” Enforcing some laws while ignoring others would be a business choice driven by the demands of the customers of the enforcement agencies. A problem I see with this is that it tinkers with the separation scheme the founders built. Exactly how and how much, I haven’t the expertise to see or expound upon. It does seem to me that the end of this plan would be that enforcement would devolve all the way down, back to The People, who would decide which laws get enforced and which do not by voting with their dollars. So, I suspect it constitutes a very vast tinkering of the separation scheme.

Bill wrote, “What the proponents of taxes are really arguing for is the suspension of popular rule.” Exactly! Popular rule is exactly what I am arguing against. Doing away with tax-supported executive branch enforcement in favor of private enforcement amounting to The People usurping the function of the executive and deciding by voting with their dollars which laws will get enforced and which will not is exactly what scares me. The end game is the elimination of the executive, handing its powers to the people. Lawmakers become a farce. The Constitution has the law made by representatives elected by the people, but your plan, by giving the people the power to decide which laws will get enforced, makes The People, in effect, the body that actually decides what the law is going to be. Limited tinkering exists now and I can see that the world is not turned upside by it (ballot initiative somewhat erodes separation, for example, by empowering the people to make law directly.) But you guys are suggesting a total devolution of enforcement to the people. Past a point it sounds like direct democracy or anarcho-capitalism.


Post 285

Monday, September 3, 2007 - 10:35pmSanction this postReply
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"What the proponents of taxes are really arguing for is the suspension of popular rule.” Exactly! Popular rule is exactly what I am arguing against." - Jon on Bill

Thanks, Jon

Ted

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Post 286

Monday, September 3, 2007 - 11:35pmSanction this postReply
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I'm in agreement with Bill that the proponents of taxation are actually against popular rule.  So far, the excuse given for it include that if left to the people, they wouldn't contribute enough for a government.  We have one group of people saying that they know what the right amount of money the government should have, and they would like violent force to be used in order to get that money.  I don't see how that can be construed as being in favor of popular rule.  I even mentioned the possibility that the people might vote for "not enough" funding, and then what would you do?  As long as the justification for taxation is that people can't be trusted to make the right decisions, I don't see how anyone can maintain that they support popular rule.  It's easy enough to say you do.  But that only makes it clear that there's a contradiction.

Jon, this proposed scheme would of course be different from the founders' separation of powers scheme.  But that's hardly a complaint.  And I would argue the new scheme accomplishes the same function. The separation of powers requires all three branches to cooperate in order to enforce a law.  That still has to happen.  Except the executive branch works a bit different.

And your big complaint that people might decide not to enforce certain laws is not really a problem. First, because we already have that with trial by jury.  The jury can decide to not find the defendant guilty, effectively preventing the law.  Second, if there's a law that nobody is willing to enforce, it very well might be for a good reason.  This is in fact a barrier to tyranny.  The government can't just go around wielding force.  It stops being a separate entity that rules everyone else, and starts being an organization that facilitates the objective use of force.

You say it sounds like direct democracy or anarcho-capitalism.  What!?!?!  Do you have definitions for these terms that you'd like to share?  Perhaps that's the problem.  There are real problems with democracy, or unlimited majority rule, but those aren't present here.  Similarly, anarcho-capitalism has serious flaws as well.  But if you understand those flaws, you'd be able to see how this is not anything like that.  Given these comments, I wonder what you think the problem with direct democracy and anarcho-capitalism are?  Please.  I'm very curious.

So far, your specific criticisms have been due to holding a double standard, and now you've added a bunch of vague criticisms.

I'm a firm believer that a person's confidence in their position should be proportional to the strength of their arguments.  What I see here is plenty of confidence, and nothing to support it.  And that's not productive.  Instead of this turning into an intelligent discussion about the possible merits or demerits of this privatization scheme, it's just been a bunch of sloppy attacks.  Instead of trying to really understand the idea, people have jumped right in to say it can't possibly work.

Well, we've answered those criticisms.  Every "it can't possibly work" complaint has been addressed and been shown to be faulty.  And now you give us more vague complaints, like the suggestions that maybe it somehow different from what the founding fathers attempted to do.  Or that it somehow reminds you of some schemes that don't work.  Come on!  Are we ready to discuss this for real?


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Post 287

Tuesday, September 4, 2007 - 1:14amSanction this postReply
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Joe,

If taxation in support of a government limited to the legitimate function of protecting rights posed the slightest impediment to my survival, let alone my living a happy life, then I might be willing to entertain tinkering with Constitutional separation of powers. But it doesn’t, so I am not.

You say I display confidence “and nothing to support it.” You call my numerous, specific, explained concerns “vague criticisms” and “sloppy attacks.” You say I haven’t tried to understand your idea, only asserted that it can’t possibly work. You imply I haven’t stepped up and offered reasoned criticisms, just “"it can't possibly work" complaints.” And I am the one who has to reform my debate style before a real discussion can occur? Good grief!

If your idea for eliminating the Executive and putting enforcement to the dollar votes of the people had a snowball’s chance in hell of seeing the light of day, my concerns about it would be real…but it doesn’t, so they needn’t be. How’s that for naked assertion?


Post 288

Tuesday, September 4, 2007 - 3:24amSanction this postReply
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It would seem here some have a 'liberal's view of the marketplace, of capitalism, and that those who trade are by nature unscrupulous and not to be trusted, yet those who are in a government are contrawise..... odd....

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Post 289

Tuesday, September 4, 2007 - 10:07amSanction this postReply
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Seems some here fall for the anarcho-cap premise that force is merely another instance of trade.

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Post 290

Wednesday, September 5, 2007 - 2:01amSanction this postReply
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Joe asked Jon, "Are you ready to discuss this for real?" Joe, I think you got your answer! ;-(

Jon wrote,
If taxation in support of a government limited to the legitimate function of protecting rights posed the slightest impediment to my survival, let alone my living a happy life, then I might be willing to entertain tinkering with Constitutional separation of powers. But it doesn’t, so I am not.
In view of everything we've said so far, I find this statement astonishing. As I've pointed out repeatedly in this discussion, taxation cannot possibly support a government limited to the legitimate function of protecting rights, because taxation itself violates rights.

And then there's this:
"What the proponents of taxes are really arguing for is the suspension of popular rule.” Exactly! Popular rule is exactly what I am arguing against." - Jon on Bill

Thanks, Jon
Gentlemen (if that isn't too generous a term), what exactly did you think I meant by "popular rule"? I thought my meaning was pretty clear from the context. I wasn't referring to unlimited majority rule. I was referring to popular referendum as a method for approving a tax on behalf of a public project. I was saying that to oppose voluntary government financing, because it might yield a shortfall is really no different from opposing voter choice as a method for approving taxes, because it too might yield a shortfall. It is instead to allow a central authority to dictate how much money should be appropriated ("expropriated" is really the proper term here) for a public purpose. Do you really favor having government financing dictated by a central authority independent of either the voters' wishes or the voluntary choices of individuals?

Jon continues,
Doing away with tax-supported executive branch enforcement in favor of private enforcement amounting to The People usurping the function of the executive and deciding by voting with their dollars which laws will get enforced and which will not is exactly what scares me.
Where did I say anything like this? If you are going to respond to my posts with critical commentary, at least have the good grace to quote me directly instead of putting words into my mouth!
The end game is the elimination of the executive, handing its powers to the people. Lawmakers become a farce. The Constitution has the law made by representatives elected by the people, but your plan, by giving the people the power to decide which laws will get enforced, makes The People, in effect, the body that actually decides what the law is going to be.
Again, where did I say this?
Limited tinkering exists now and I can see that the world is not turned upside by it (ballot initiative somewhat erodes separation, for example, by empowering the people to make law directly.) But you guys are suggesting a total devolution of enforcement to the people. Past a point it sounds like direct democracy or anarcho-capitalism.
Jesus! Joe was right. How can something sound like direct democracy OR anarcho-capitalism. The two are entirely different political systems! Besides, I have never said, nor would I say, that we should turn our law-making bodiies over to direct popular mandate. But I believe that, barring voluntary government financing, people should at least have the right to vote on how much of their money is going to be taken from them at gunpoint.

You also said,
I have no objection to a city seeking donations that would allow it to build a crime lab.
I would hope not! :-/
I note that the city government of Henderson apparently must obtain voter approval for certain large public expenditures…a good thing, right? But not always, it seems, because in this case the voters appear oblivious to the objective need for this lab, as demonstrated in your long post of proponent arguments for that need.
There is no such thing as "objective need" independent of cost, because benefits must always be evaluated in relation to their costs. If the cost is too high, then the alleged benefit is not a value; the good or service isn't worth the price. Who determines cost (or, more precisely, who ought to determine it)? Whoever is footing the bill, which in this case means the citizens whose money will be used to fund the project. That someone other than those paying the bill should dictate the expenditure and take it from them by force is the last thing I would expect to hear from someone on this forum.

- Bill


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Post 291

Wednesday, September 5, 2007 - 9:38amSanction this postReply
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Bill,

I wrote, “What the proponents of taxes are really arguing for is the suspension of popular rule.” Exactly! Popular rule is exactly what I am arguing against.”

You reply, “Gentlemen (if that isn't too generous a term), what exactly did you think I meant by "popular rule"? I thought my meaning was pretty clear from the context. I wasn't referring to unlimited majority rule. I was referring to popular referendum as a method for approving a tax on behalf of a public project. I was saying that to oppose voluntary government financing, because it might yield a shortfall is really no different from opposing voter choice as a method for approving taxes, because it too might yield a shortfall. It is instead to allow a central authority to dictate how much money should be appropriated ("expropriated" is really the proper term here) for a public purpose. Do you really favor having government financing dictated by a central authority independent of either the voters' wishes or the voluntary choices of individuals?”

Yes, I really do. But it isn’t independent of the voters’ wishes because the voters elect lawmakers. You can say the voters are not getting what they want but are being dictated to all you wish, but it isn’t so. The voters are getting precisely what they want, and they can elect different reps when they decide they want different.


I wrote, “Doing away with tax-supported executive branch enforcement in favor of private enforcement amounting to The People usurping the function of the executive and deciding by voting with their dollars which laws will get enforced and which will not is exactly what scares me.”

You reply, “Where did I say anything like this? If you are going to respond to my posts with critical commentary, at least have the good grace to quote me directly instead of putting words into my mouth!”

It’s true you didn’t write that directly. Let’s review: You’ve said let’s abolish taxation and institute private enforcement. You’ve pointed out that entrepreneurs always do things better and more efficiently than government. Therefore, in due time there will be no funding for government enforcement, i.e., no government enforcement. There will only be private enforcement. This means the Executive branch of government will cease to exist. Thus, my statements above which you would like to distance yourself from. Now, you can say, as Joe did, that the Executive doesn’t cease to exist but merely changes a little. Yet, it’s not just a little, it’s fundamental. Executive function (law enforcement) is no longer separated from The People and placed in a separate branch of government as the founders intended. Rather, executive functions are now devolved back down to The People.

(Hey, you know, the Supreme Court only hears a few handfuls of cases a year, so couldn’t The People do that by vote? We can’t trust the Supremes, just look at how they still haven’t struck down the income tax. So let’s tinker with that, too. The People will decide those cases by vote and everything will start getting better.)

At what point in this progression am I justified in saying the founders’ wise separation scheme is having violence done to it and it’s looking more like direct democracy?


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Post 292

Wednesday, September 5, 2007 - 12:07pmSanction this postReply
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Now for the similarity I see to anarcho-capitalism. Mainly what I see is a similar faith in the superior, if not flawless outcomes that the marketplace provides and a failure to understand that marketplace competition can only occur in the context of a government that protects rights, it can’t occur outside that context and it can’t precede that context or create that context.

When you corner an anarcho-cap with the conflict which will inevitably occur between competing governments in the same jurisdiction who employ different notions of rights and their proper protection, he can easily wiggle out by responding: “Oh, I see that you have no confidence in the efficacy of the marketplace. You imagine that people would actually solicit the services of and thus empower a protection agency that employs the wrong notions of rights and their protection. Well, they wouldn’t. If you had any trust in people and their rationality, you would see that only those agencies that have the correct notions of rights and enforcement would get solicited. Only the most minor of disagreements could therefore arise, between competing governments. They would fundamentally agree about the basics, and any minor differences would be worked out, not slugged out, the latter all would recognize as bad for business.”

Bill, I see the same faith in your line of reasoning. Earlier, you wrote in a different thread that private enforcement agencies would not enforce drug laws because their customers would insist on real rights protection. You seem not to consider that the public as it exists today would be just as likely, if not more likely, to fund the bejeezus out of drug laws.

So my objections really have nothing to do with lack of faith in people or markets. My objection is that this magic wand called private enforcement will not perform as advertised. Unless the culture were changed, we’ll get the same or worse result than what we have today and all we will have gained will be some unpredictable consequences of having jacked with separation of powers.

If the culture changes, The People will elect reps who will make the desired improvements, all with the form of government we already have.


Post 293

Wednesday, September 5, 2007 - 1:21pmSanction this postReply
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Wondering about the authenticity of this photograph, I checked into the subject of vultures.  Here is what I found:

1) "When they find food they often collect in large numbers, and I have seen over 200 birds arrive within an hour of an animal dying. (p44)  They can aso keep an eye on other vultures flying on the horizon an djoin them if they see any birds descending to the ground ... This method of finding food - -watching the behavior of their neighbors -- is used by virtually all vultures. (p20)  In many savanna areas of Africa these birds [white-backed vulture] are the commonest of all the vultures, sometimes collecting in groups of several hundred." (p9).   
2)"Soaring effortlessly on their broad wings, condors and vultures have a real mastery of the air.  Their specially is soaring flight.  ... Vultures have a skillful understanding of their environment that allows them to detect where there will be currents of rising air. (p13) ... Flying is a critical component of the way of life of a vulture, because soaring flight requires so very little energy ...  Colin Pennycuick calculates that a vulture uses only slightly more energy when flying than when it is standing on the ground doing nothing." (p19)
3)"But in order to become scanvengers they had to totally adapt to be highly effiecient soaring fliers ...To be a predator you need to be able to attack active prey, and this requires the ability to maneuver in the air, land accurately and chase at low altititude near the ground.  Vultures  can not do any of these things.  ... in order to totally adapt themselves to becoming scavengers they had to give up the skills needed to be a predator." (p20)  

Source:  "Condors and Vultures" by David Houston. WorldLife Library, Voyageur Press. 

From this I believe it can be surmised that 1) Vultures circle in the air over their meal until in dies.  They do not chase after it on the ground.  2) They do not feed as lone individuals, but as a flock. 

Neither of these behaviors are present in this picture. 

Further, the anguished look of the child and the intent stare of the vulture adds quite a bit to the dramatic effect, and gives this photograph a very staged appearance.   

Now is this picture doctored?  A definite "yes" is not possible, but the facts are not in favor authenticity.

(Edited by Robert E. Milenberg on 9/05, 1:34pm)


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Post 294

Wednesday, September 5, 2007 - 3:45pmSanction this postReply
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I replied to Jon and Ted, “Gentlemen (if that isn't too generous a term), what exactly did you think I meant by 'popular rule'? I thought my meaning was pretty clear from the context. I wasn't referring to unlimited majority rule. I was referring to popular referendum as a method for approving a tax on behalf of a public project. I was saying that to oppose voluntary government financing, because it might yield a shortfall is really no different from opposing voter choice as a method for approving taxes, because it too might yield a shortfall. It is instead to allow a central authority to dictate how much money should be appropriated ('expropriated' is really the proper term here) for a public purpose. Do you really favor having government financing dictated by a central authority independent of either the voters' wishes or the voluntary choices of individuals?”

Jon replied,
Yes, I really do. But it isn’t independent of the voters’ wishes because the voters elect lawmakers. You can say the voters are not getting what they want but are being dictated to all you wish, but it isn’t so. The voters are getting precisely what they want, and they can elect different reps when they decide they want different.
So you do believe that the government should violate the rights of its citizens by robbing them of their income. Nice to hear it from you so directly. I was under the illusion that you supported the Objectivist politics.

But let me ask you this: Since it's possible for voters to elect lawmakers who underfund our military, just as it's possible for people to underfund it in the absence of taxes, would you consider this an argument for not allowing voters to elect lawmakers? Would it be an argument for abolishing democratic elections of senators and representatives and establishing a legislative dictatorship?

You wrote, “Doing away with tax-supported executive branch enforcement in favor of private enforcement amounting to The People usurping the function of the executive and deciding by voting with their dollars which laws will get enforced and which will not is exactly what scares me.”

I replied, “Where did I say anything like this? If you are going to respond to my posts with critical commentary, at least have the good grace to quote me directly instead of putting words into my mouth!”
It’s true you didn’t write that directly. Let’s review: You’ve said let’s abolish taxation and institute private enforcement. You’ve pointed out that entrepreneurs always do things better and more efficiently than government.
Do you disagree?
Therefore, in due time there will be no funding for government enforcement, i.e., no government enforcement.
Jon, enforcement by private, for-profit police is government enforcement insofar as it's the government's laws that are being enforced. Private police are simply an executive arm of the government. They are enforcing the government's laws for the sake of profit on behalf of their customers who willingly pay them for the service instead of on a not-for-profit basis in exchange for money looted from taxpayers.
There will only be private enforcement. This means the Executive branch of government will cease to exist.
Why? Even if all armed forces were mercenaries, like Blackwater USA, hired by private corporations -- in other words, even if there were no longer a politically elected commander-in-chief, which is not something I'm presently committed to -- the office of the president would still exist to approve or veto legislation passed by Congress; the president could still have cabinet advisors like the attorney general to brief him on matters of law. There's no reason to assume that if defense were privatized, the executive branch of government would be abolished. And, as I've said, enforcement of the government's laws can still be viewed as an executive function of government regardless of whether it is supported by unwilling taxpayers or by willing customers who pay voluntarily for their own protection.
Thus, my statements above which you would like to distance yourself from. Now, you can say, as Joe did, that the Executive doesn’t cease to exist but merely changes a little. Yet, it’s not just a little, it’s fundamental. Executive function (law enforcement) is no longer separated from The People and placed in a separate branch of government as the founders intended. Rather, executive functions are now devolved back down to The People.
Well, the founders weren't infallible and neither is the Constitution, which could be improved upon in a number of ways, unless you're prepared to argue that the founders had the last word on the subject.
(Hey, you know, the Supreme Court only hears a few handfuls of cases a year, so couldn’t The People do that by vote? We can’t trust the Supremes, just look at how they still haven’t struck down the income tax. So let’s tinker with that, too. The People will decide those cases by vote and everything will start getting better.)
Again, where did I say anything like this? If you want to discuss this issue in a serious way, then you might begin by paying closer attention to what I've actually said and by not misrepresenting my position.

- Bill



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Post 295

Wednesday, September 5, 2007 - 9:43pmSanction this postReply
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“I was under the illusion that you supported the Objectivist politics.”

Hold on, Bill. You are on solid ground when you claim my heresy on the tax issue. While I agree taxes should be voluntary, I excuse them if/when they are necessary. This is clearly contra the Objectivist politics, which I read as requiring government financing always be voluntary, because taxes are theft. That’s fine so far. As to my “if/when they are necessary,” I read the Objectivist politics as saying “impossible,” because individuals will recognize the necessity and donate accordingly. Fine.

Your proposal for private enforcement, however, I cannot find in the Objectivist politics. It’s not there and I believe she probably considered it and rejected it, for the reasons (and likely others) that I have offered. What I do see is language such as “monopoly on the use of force” which indicates that her politics advocate massive force application exclusively in government hands.

As food for thought on where she really intended to come down on this issue, consider her answer to this question, from Ayn Rand Answers, pg. 19:


Q: What’s your attitude toward gun control?

A: It’s a complex, technical issue in the philosophy of law. Handguns are instruments for killing people—they are not carried for hunting animals—and you have no right to kill people. You do have the right to self-defense, however. I don’t know how the issue is to be resolved to protect you without giving you the privilege to kill people at whim.


You may not agree with my interpretation of this, but I see that she is reluctant to allow the widespread capacity “to kill people at whim.” Here we see an expression of misgivings at allowing individuals to possess handguns and I have to think those misgivings would be amplified with the prospect of whole police forces and militaries in private rather than government hands.

I can find nothing in her politics to suggest otherwise. She extolled the virtues of the private in all fields except, (as far as I am aware) government. Sincerely, can you offer cites to the contrary, any reference in the Objectivist corpus that indicate any warming to the idea of private enforcement?

My heresy on the tax issue is without doubt. It is an open question whether your proposal for private enforcement is also. I think it is.

You point out that the Executive could still exist with its power to veto. Well, OK. He wouldn’t be commander-in-chief, since the private enforcers couldn’t be told what to do, not even ordered to get out there and enforce the law (that would be a business decision,) but OK, we could still preserve the office and preserve its veto power.




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Post 296

Wednesday, September 5, 2007 - 10:55pmSanction this postReply
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Jon quotes the following Q&A from Ayn Rand Answers:
What’s your attitude toward gun control?

A: It’s a complex, technical issue in the philosophy of law. Handguns are instruments for killing people—they are not carried for hunting animals—and you have no right to kill people. You do have the right to self-defense, however. I don’t know how the issue is to be resolved to protect you without giving you the privilege to kill people at whim.
and comments:
You may not agree with my interpretation of this, but I see that she is reluctant to allow the widespread capacity “to kill people at whim.”
Well, the capacity kill people at whim is scarcely prevented by laws against gun ownership, because shooting someone is not the only method of killing him or her. Nor do such laws deter crime; quite the contrary in fact, because (to cite an old and venerable truism), "when guns are outlawed, only outlaws will have guns." Moreover, there is now strong statistical evidence that allowing private citizens to own guns particularly in high crime areas cuts down on the crime rate, for the obvious reason that criminals are more inclined to prey on vulnerable individuals who they know do not possess weapons of self-defense. In any case, how does what you're saying bear on the kind of private law enforcement that I am advocating?
Here we see an expression of misgivings at allowing individuals to possess handguns and I have to think those misgivings would be amplified with the prospect of whole police forces and militaries in private rather than government hands.
I've already made it quite clear that private law enforcement agencies would be trained just like the police are today and would be legally permitted to enforce only those laws passed by the government. You're equating the "private" use of force by trained police with the "private" use of force by the average citizen who is not a licensed police officer trained in law-enforcement protocol. Obviously, the average citizen would only have the right of exigent self-defense, not the right to track down and arrest anyone whom he or she suspects of committing a crime.
I can find nothing in her politics to suggest otherwise. She extolled the virtues of the private in all fields except, (as far as I am aware) government. Sincerely, can you offer cites to the contrary, any reference in the Objectivist corpus that indicate any warming to the idea of private enforcement?
Nowhere did she rule out the kind of "private" law enforcement that I've been talking about. Go back and read Post 270, in which I quote Rand extensively from her essay, "The Nature of Government." There you'll see that she does not object to what I am advocating. Her position is succinctly stated in the following sentence: "A government is the means of placing the retaliatory use of physical force under objective control -- i.e., under objectively defined laws." (p. 109). I agree, but this does not rule out the kind of "private" law enforcement that I'm talking about, which would be placed under objective control and would operate under objectively defined laws.

- Bill

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Post 297

Thursday, September 6, 2007 - 9:58amSanction this postReply
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Legislation/law without the means of enforcement are nothing more than wishes on paper, effective only in a non-existing utopia.

Multiple paid enforcement bodies (under what ultimate enforcement authority?) will enforce their employer's interests, period.

The 'wishes on paper' principle applies to laws/legislation enforceable by a governing body, and applies equally as well to laws/legislation/constitutional limits enforceable on a governing body.   To wit, the contextual reason for the 2nd Amendment, glaringly placed in the context of an individual Bill of Rights.

The federal government already has the power to federalize state militias; the 2nd Amendment cannot seriously be interpreted as a prohibition against the government itslef forbidding itself to arm itself, as if fear of that eventuality would rate including as the '2nd' Amendment in an individual BoR. 

Imagine the conversation:

"In order to guarantee personal liberty, we have to make sure that the government is prohibited from infringing the right to arm itself in the context of an already federalizable militia."

Huh?

Regulate: to make regular.  As in, Regulars.  As in, Regular Army, vs. Irregular militia.  As in, trained.   As in, in order to from time to time being able to draw from the population at large outside of the context of a regular army, in order to form a regular army, it is of benefit to the state that the population at large not be ignorant of the use of arms, and show up to some extent pre-trained or at least familiar with the use of arms.   That is one benefit to the state for not infringing the pre-existing RTBA by the population who, for the 200+ years prior to the formation of the USA on the continent in question,  relied on personal arms outside the context of any local effective government whatsoever.

A Well Regulated, ie, well made regular, ie, well trained militia, being necessary to the security of a free state, the pre-existing RTKBA shall not be infringed.

This simple statement did not create the RTKBA.  It established only a prohibition enforcable against the state(or in fact, anybody, as stated). Infringed by who?), and it enumerated an advantage to the state/all of us for not doing so.  There might well be other advantages, both the to the people and to the state for not doing so.  Totally moot. As well, no matter how you interpet 'regulated' or 'militia', there is nothing in the amendment that limits the applicability of the only stated prohibition, which in context (a] in a constituion, and b] in the BoR amended to that constitution) is legislation/law/wishes on paper if not enforceable/ primarily constraining the state, not individuals.  It is the primary first and last and only license under which the state creates the US Code, which itslef is only enforceable against individuals to the extent only that it does not violate the primary license.  But, the constituion, the primary license, is a document enforceable against the state.   The BoR are specific prohibitions enforceable against the state to guarantee individual rights, not enforeceable against individuals to prohibit individual rights.    To interpret the 2nd (or any) Amendment in the BoR as anything other than a restriction of state action is to be ignorant of what a constitution is, no matter how badly we want what we want.

The constitution prescribes the means of its own amendment.  If the 2nd is to be repealed, then it has to be repealed, not ignored.

regards,
Fred


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Post 298

Thursday, September 6, 2007 - 10:26amSanction this postReply
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The highjacked portion of this thread should have had its own title, because a lot of good discussion has taken place here, which others may not be aware of. Ah, well . . . it's too late now! :-(

Jon wrote,
Now for the similarity I see to anarcho-capitalism. Mainly what I see is a similar faith in the superior, if not flawless outcomes that the marketplace provides and a failure to understand that marketplace competition can only occur in the context of a government that protects rights, it can’t occur outside that context and it can’t precede that context or create that context.
Jon, I find this statement surprising, coming from you, because you yourself don't advocate a government limited to the protection of rights; you advocate taxation, which violates rights.

As for marketplace competition occurring only in the context of a government that protects rights, I think I see what you're trying to say, but your statement is too ambitious. Freedom of competition in the marketplace is possible only if one's freedom is not interfered with, which requires a social system that prohibits its interference. But this can occur under the protection of rights by private police just as well as by public police. Under my system, the laws would prohibit a violation of rights, and private police would be allowed to compete for customers in the protection of their rights. They would not be allowed to compete for customers by violating rights.

Insofar as anarcho-capitalism incorporates violent competition in the attempt to enforce mutually exclusive laws within the same jurisdictional domain, it necessarily involves the initiation of force and is, therefore, incompatible with freedom of competition. This is the core fallacy in anarcho-capitalism, which is an oxymoron because its anarchism is incompatible with its capitalism. But I'm not advocating the enforcement of mutually exclusive laws within the same jurisdictional domain. I'm advocating a uniform system of laws, which all enforcement agencies, whether private or public, are required to uphold and respect.
When you corner an anarcho-cap with the conflict which will inevitably occur between competing governments in the same jurisdiction who employ different notions of rights and their proper protection, he can easily wiggle out by responding: “Oh, I see that you have no confidence in the efficacy of the marketplace. You imagine that people would actually solicit the services of and thus empower a protection agency that employs the wrong notions of rights and their protection. Well, they wouldn’t. If you had any trust in people and their rationality, you would see that only those agencies that have the correct notions of rights and enforcement would get solicited. Only the most minor of disagreements could therefore arise, between competing governments. They would fundamentally agree about the basics, and any minor differences would be worked out, not slugged out, the latter all would recognize as bad for business.”

Bill, I see the same faith in your line of reasoning. Earlier, you wrote in a different thread that private enforcement agencies would not enforce drug laws because their customers would insist on real rights protection.
I didn't say that private police would never enforce laws against victimless crimes like drugs or prostitution. Admittedly, some customers might feel so strongly about them that they would be willing to pay for their enforcement. I said that there would be less enforcement of them, because since victimless crimes do not violate anyone's rights, customers who might otherwise favor their enforcement would not do so, if they had to pay for it out of their own pockets. But remember I am not advocating a legal system in which victimless crimes like drugs and prostitution would be prohibited.
You seem not to consider that the public as it exists today would be just as likely, if not more likely, to fund the bejeezus out of drug laws.
Why? I've given you my reasons for thinking that they would be less likely to. On what grounds do you disagree? You need to do more than simply assert the contrary.
So my objections really have nothing to do with lack of faith in people or markets. My objection is that this magic wand called private enforcement will not perform as advertised.
Why?
Unless the culture were changed, we’ll get the same or worse result than what we have today and all we will have gained will be some unpredictable consequences of having jacked with separation of powers.
Why?
If the culture changes, The People will elect reps who will make the desired improvements, all with the form of government we already have.
I agree that if the culture changes (for the better), people will elect representatives who will make the "desired" improvements. The question is, what are the "desired" improvements? You and I apparently have different views on what improvements are desirable. To say that people will make the desired improvements without changing our form of government assumes that maintaining our present form of government is desirable, which is the very point that I'm contesting.

- Bill
(Edited by William Dwyer on 9/06, 10:29am)


Post 299

Thursday, September 6, 2007 - 12:27pmSanction this postReply
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(Edited by Sam Erica on 9/06, 12:48pm)


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