This thinking deserves a permanent majority?

I’ve yet to read any of John Stuart Mill’s works, although I intend to tackle them in the future. As such, I can’t cite examples to refute anything in this hack piece from Friday’s Opinion Journal. No matter. The absurdity of Roger Scruton’s argument is sufficient to attack itself. After a perfectly reasonable opening, which provides biographical details of John Stuart Mill’s life, Mr. Scruton continues with this background on counter-arguments against utilitarianism:

According to Mill’s argument, that way of thinking has everything upside down. The law does not exist to uphold majority morality against the individual, but to protect the individual against tyranny–including the “tyranny of the majority.” Of course, if the exercise of individual freedom threatens harm to others, it is legitimate to curtail it–for in such circumstances one person’s gain in freedom is another person’s loss of it. But when there is no proof of harm to another, the law must protect the individual’s right to act and speak as he chooses.

Pretty much. I don’t see how anyone in America could disagree with such a view of individual freedom. The Constitution virtually guarantees as much, accept that it’s been interpreted into near-worthlessness by partisan ideologues more intent on imposing their vision of proper than preserving liberty. I don’t care for that approach, although America is still the best deal going.

This principle has a profound significance: It is saying that the purpose of law is not to uphold the will of the majority, or to impose the will of the sovereign, but to protect the will of the individual. It is the legal expression of the “sovereignty of the individual.” The problem lies in the concept of harm. How can I prove that one person’s action does not harm another? How can I prove, for example, that other people are not harmed by my public criticism of their religious beliefs–beliefs on which they depend for their peace of mind and emotional stability? How can I prove that consensual sex between two adults leaves the rest of us unaffected, when so much of life’s meaning seems to rest on the assumption of shared sexual norms? These questions are as significant for us as they were for Mill; the difference is that radical Islam has now replaced Scottish puritanism as the enemy of liberal values.

Seriously? Is it that hard to understand that the will of the majority or the sovereign can have awful consequences? Or that “harm” isn’t a difficult concept to understand, as pertaining to government’s role? Use the word physical, as should be readily apparent to even the most uninitiated seven-year-old, and the measure of when an individual is about to be (or has been) harmed is clear. Government intervention is not only expected, it becomes vital to a functioning society. That does not include such subjective actions as sexual norms. If one individual can’t stomach the sexual actions of another’s relationship, there is a problem. However, it belongs to the offended, not the offender.

The notion that sexual freedom is somehow analogous to radical Islam is beyond the realm or reason, and deserves to be ridiculed, if not ignored.

Taking “On Liberty” and [“The Principles of Political Economy”] together we find, in fact, a premonition of much that conservatives object to in the modern liberal worldview. The “harm” doctrine of “On Liberty” has been used again and again to subvert those aspects of law which are founded not in policy but in our inherited sense of the sacred and the prohibited. Hence this doctrine has made it impossible for the law to protect the core institutions of society, namely marriage and the family, from the sexual predators. Meanwhile, the statist morality of “Principles” has flowed into the moral vacuum, so that the very same law that refuses to intervene to protect children from pornography will insist that every aspect of our lives be governed by regulations that put the state in charge.

It should be painfully obvious by now that Mr. Scruton is uninterested in liberty, unless your liberty involves making the same choices he’d make. The law should protect marriage and the family from the sexual predators. That is the argument of a man uninterested in reason or intellectual discourse. That is the plea of a man consumed by fear of the unknown.

… to free oneself from moral norms is to surrender to the state. For only the state can manage the ensuing disaster.

Any guesses on who should decide the moral norms?

More thoughts from Andrew Sullivan

Banning the two “F” words

This morning, like every morning, I woke up to Howard Stern. Usually it’s a good way to ease into the day. A few laughs, a little banter, and pop culture references. It’s worth $12.95 per month. Usually.

This morning, I awoke to Stern discussing an article in yesterday’s New York Times by Nicholas Kristof. It’s titled “Killer Girl Scouts”. Lovely, huh? I couldn’t read the article because I don’t waste my money on Times Select, but the one sentence synopsis, “Beware of cute little girls bearing trans fats”, is enough to know I disagree.

Stern offered a summary, with commentary, on the article, and that’s what got me fired up today. From what he said, it’s the same argument that we’re getting fatter, the evil corporations don’t care, our government-financed health care is going bankrupt, and something needs to be done now. The article (apparently) includes an example from Denmark in which the government requires that trans fat be no greater than 2% of a food item. McDonald’s chicken nuggets in Denmark have .33 grams of trans fat, while the same chicken nuggets have 10+ grams of trans fat in America. Outrageous.

So maybe they are trying to kill us, right? The solution, according to Stern? You know what’s coming, don’t you? That’s right. Pass a law. Force companies to limit the trans fat in the food products they sell to us, the unwitting dolts who can’t make conscious, responsible decisions for ourselves. We shouldn’t stop financing health care with public funds to prevent the system from going bankrupt, that would be too obvious. We should outlaw bad food, instead. For a brief moment, I wanted to cancel my subscription.

Again, since it’s not clear, the free market can take care of this “problem”. If a person is responsible for his own health care costs, isn’t he more likely to take care of himself, by his own actions? And if not, why should we care? He’ll pay the higher costs. He can make that rational decision of which is more important, dollars or Thin Mints.

Stern’s next topic made this morning’s discussion especially frustrating. He launched into his commentary about the Senate voting to increase fines for “indecency” on public airwaves. His current stance is motivated by business interests, and I think, a little hope at exposing Congressional hypocrisy. He applauded the Senate’s action, even though he acknowledged that it’s an affront to the Constitution. The increased fines will only help satellite radio, of course.

I see the humor in that, but can’t stand the double standard for freedom that Stern’s dual positions represent. He accepts that the Constitution protects free speech from the whims of Congress, noting that the free market can handle what the public wants and needs. Satellite radio is sufficient proof, although that’s not an excuse to allow Congress to continue its election-year crusade to protect us all. Which is what it comes down to, isn’t it? Protecting us from ourselves.

We’re too sensitive to hear swearing on the radio, so Congress should protect us. We’re too irresponsible to eat our vegetables, so Congress should protect us. Both are symptoms of the same disease. Politicians take their direction from the few who are vocal enough to make their preferences known, regardless of the damage to liberty. Paternalism arrives marketed as leadership. And most of us decide where we stand on each individual issue by determining which we prefer. In Stern’s case, he hates healthy food and loves freedom of speech, regardless of the underlying principles.

Me, I think we should all be vegans, but I love liberty more.

One brilliant governing strategy

The Wall Street Journal’s editors know how to frame a debate. That frame is made of lies, of course, but so be it. If it sells the party line, all is fair.

If ever there was a market test of economic policy, the last three years have been it. The stock market has recovered from its implosion in Bill Clinton’s last year in office, unemployment is down to 4.7%, and growth has averaged 3.9% in the three years since those tax cuts passed–well above the post-World War II average and more than twice the growth rate in Euroland.

It’s not enough to say the tech bubble collapsed, it was clearly Bill Clinton’s fault. Our greater economic growth than Europe has nothing to do with a complex combination of factors, but rests solely on one set of tax cuts. The partisan defense only appears because it’s so self-evident, I guess. More interesting, though, is this:

Yes, gas prices are high and interest rates are rising, which helps to explain the anxiety felt by some of the public. But these headwinds are all the more reason to be impressed by the economy’s ability to push ahead nonetheless. We’d have thought that the Democrats who are now voting to let taxes increase would be thrilled to know that things turned out better than they had feared. Americans are better off despite Democratic predictions that, as Minority Leader Nancy Pelosi put it back in 2003, tax cuts would “damage long-term economic growth.”

When long-term is now defined as three years, it’s little wonder that current Republican economic “policy” is so great. Reap all the benefits of lower taxes and greater spending, with no worries that the looming (super-duper, extra-double long term?) devastation will come up and bite the savior President Bush. The hero always rides off into the sunset, but perhaps this is where we should remember what the horse leaves behind for the saved as the hero claims the glory.

Tax cuts are great, and I’m generally for them. I like the money I earn and would love to keep it. However, Congress and the President have lost all sense of how to run a budget. I’d rather feel the rough impact of this current profligate spending in the next few years, than to feel the decimation from bankruptcy. Maybe that’s just a dash of realism in knowing that “starve the beast’ is a joke, or maybe it’s just naked cynicism. No matter. The bill is coming due at some point.

I know the political strategy is to leave the Democrat to take the blame for increased taxes (which they’ll happily do because they won’t control spending, either). But it tells me a lot to know no politician seems to care that we’re all the ones who will get screwed eventually. Consider the lesson learned. No political point is too small to score.

Is an innocent billionaire in prison successful?

Yesterday, President Bush hosted Chinese President Hu Jintao. During the course of their joint press conference, President Bush made an interesting statement:

As the relationship between our two nations grows and matures, we can be candid about our disagreements. I’ll continue to discuss with President Hu the importance of respecting human rights and freedoms of the Chinese people.

China’s become successful because the Chinese people are experience (sic) the freedom to buy and to sell and to produce. And China can grow even more successful by allowing the Chinese people the freedom to assemble, to speak freely and to worship.

China is not successful. No amount of money can justify not having the freedom to assemble, to speak freely and to worship (or to not worship… that’s important, too). Money is good, but I’ll take freedom every time if the deal is one or the other. I suspect that more than a few Chinese agree.

Yet another reason to hate Yahoo

As I’ve written in the past, I hate Yahoo. They’ve stolen money from me, and generally treated me poorly. I’ve mostly managed to avoid dealing with their awful product since abandoning my e-mail account with them. However, today I returned to check a tv listing for tonight after my primary source failed. I could report a success, because I found what I was looking for, but Yahoo is involved. They had to screw it up somehow. I should’ve expected it.

I’ve read headlines hinting at recent television news suggesting a plot spoiler for Lost. I hate spoilers and I love Lost, so I chose to avoid clicking through to the stories every time I encountered them today. Every news source complied with the logic that viewers might want to avoid knowing, so they left all the juicy details inside the story. Perfectly reasonable. Except in Yahoo logic.

On its main page, Yahoo felt compelled to give away the spoiler in its sub-headline for the story, because the headline wasn’t enough, I guess. Since they gave it away, I clicked through to see how they presented the information.

Try as the Lost writers might to keep a lid on series-shifting spoilers, when [ed. note: possible spoiler deleted].

(SPOILER ALERT: If you aren’t interested in hearing about a [possible spoiler deleted], read no further. And avoid the Internet for the next four weeks.)

A little late now, you think? The only solution now is to avoid Yahoo for the next four forevers. Idiots.

What are you so nervous about? Everything’s cool.

I’ve never been a fan of the death penalty in America, and have expressed as much in the past. Living in Virginia, though, I get a good reminder of the revenge-seeking blood lust that often surrounds the application of the death penalty. I can only imagine what it’s like in Texas, but sometimes the state offers a glimpse:

A judge who halted an execution because the inmate was mentally ill has agreed to force the man to take anti-psychotic medication so he can be put to death.

The inmate, Steven Kenneth Staley, 43, has refused to take his medication. A jury decided he should be put to death for the killing of a Fort Worth restaurant manager during a botched robbery.

Do I really need to go on? A man is ruled too mentally ill to be executed, so the state should medicate him so that he can be aware of his execution? I can’t be the only person who finds this absurd.

I have no idea what Staley’s mental status was at the time he murdered the restaurant manager. I’ll assume he was found competent since he faces execution. So what difference does it make that he’s now mentally incompetent. If the death penalty is just, and acts as a deterrent, why should his current mental status matter?

In 1986, the Supreme Court held the Eighth Amendment’s cruel and unusual punishment clause bars states from executing prisoners who aren’t aware of the punishment they are about to face and don’t understand why they are facing it.

This case seems to be a stretch at interpreting that ruling. I can’t conclude any other reason than simple retribution. “You’re a murderer, you don’t know what’s about to happen, so we’re going to make you aware. You’ll suffer, God damnit.”

I don’t feel safer from that.

Update: More thoughts on the larger death penalty topic at Balloon Juice.

I’ll take “Totalitarianism” for $200, Alex

Can we get some paramedics for the Fourth Amendment:

Attorney General Alberto R. Gonzales today left open the possibility that President Bush could order warrantless wiretaps on telephone calls occurring solely within the United States, dramatically expanding the potential reach of the National Security Agency’s controversial surveillance program.

In response to a question from Rep. Adam Schiff (D-Calif.) during an appearance before the House Judiciary Committee, Gonzales said the government would have to determine if a conversation was related to al-Qaeda and crucial to fighting terrorism before deciding whether to listen in without court supervision.

“I’m not going to rule it out,” Gonzales said, referring to the possibility of monitoring purely domestic communications.

I don’t really have much to add to that, as this administration’s flagrant disregard for the Constitution speaks for itself. History is not going to be kind to President Bush, which is the least of what he deserves for this kind of behavior. I’m more concerned for the consequences we’ll have to undo as a citizenry once we’ve finally stumbled to January 2009. The magnitude overwhelms. That it’s unnecessary makes it worse.

Your neighbor has to pay for your broccoli

More information on the Massachusetts bill requiring universal health care coverage.

“We insist that everybody who drives a car has insurance,” [Gov. Mitt] Romney said in an interview. “And cars are a lot less expensive than people.”

I’m dismayed to see that a likely presidential candidate’s thinking is so evolved that he compares people to cars. It would be an effective analogy if he hadn’t forgotten that a car is a choice that poses a known hazard to other people, which in turn imparts legal liability on the owner. If I choose to carry no health insurance and I get sick, I face the financial burden of that choice. Big difference. Naturally, Gov. Romney hoped to imply that the financial burden placed on society from uninsured individuals requiring medical attention. That’s a reasonable debate, but instead of going for the reasonable, he aimed low to appeal to the simple-minded who want government to manage everyone’s life. Or at least everyone else’s life.

This is, I suspect, the target for this new legislation:

But no state, experts say, has taken the step of making health insurance coverage a legal requirement. The idea was applauded by Uwe E. Reinhardt, a professor of economics and public affairs at Princeton University, who said that he has long believed that the American system of allowing uninsured patients to receive care at the government’s expense was nothing more than “freedom to mooch.”

I can hear the chorus of cheers coming from market-driven liberals progressives (it’s a faint cheer), but the overall idea looks a little different when considering the final portion of Prof. Reinhardt’s statement:

“Massachusetts is the first state in America to reach full adulthood,” said Reinhardt, noting that the new measure is a move toward personal responsibility. “The rest of America is still in adolescence.”

Only in modern America, with our full complement of government parentalism, could anyone consider forced action to be personal responsibility and adulthood. I could wear a penguin suit to work tomorrow, but that won’t make me a penguin.

As for the plan itself, if this is what providing a conservative, private sector solution looks like, I’m giving up.

Uninsured people earning less than the federal poverty threshold would be able to purchase subsidized policies that have no premiums, and would be responsible for very small co-payment fees for emergency-room visits and other services. Those earning between that amount and three times the poverty-level amount would be able to buy subsidized policies with premiums based on their ability to pay. Though no maximum premium is set in the bill, legislators’ intent seems to be for it to top out at about $200 to $250 per month.

All residents will have to provide details about their health insurance policy on their state income tax returns in 2008. Those who do not have insurance would first lose their personal state tax exemption, perhaps worth $150, and later face penalties equal to half the cost of the cheapest policy they should have bought. That might work out to $1,200 per year, officials said. Those who cannot find an affordable plan could obtain a waiver.

I might give up anyway. Please, someone in Massachusetts, step back from the nanny-state abyss and think about what this really means. I’d love for it to succeed, but I’m only promising that I won’t say “I told you so” when it fails to deliver the hoped-for outcome. Rather than babble on further, I’ll let yesterday’s hero, Massachusetts House Speaker Salvatore F. DiMasi, fill you all with his words of inspiration:

“We did something to solve the problem,” he said.

Do you think he’ll stand on “we did something” or “solve the problem” when this blows up?

For a smart take on this: National Review

Newsflash: Central planning creates inefficiency

Let me tell you why New Jersey sucks as a state. Driving through the state, as Danielle and I did yesterday, often requires refueling the car. It’s not a particularly strange concept, as mankind hasn’t yet figured out perpetual motion or cheap hydrogen fuel. It’s inevitable, really, so our stop on the New Jersey Turnpike yesterday was unsurprising. However, I’d forgotten that New Jersey is simple-minded.

Yesterday, we waited in line for full-service gas because full-service is the law. I haven’t used a full-service gas station since the last time I purchased gas in New Jersey. I won’t use a full-service gas station again until I’m in New Jersey again ever. If there’s a stupider law that affects everyday life, I’m not sure I can imagine what it might be.

Danielle and I discussed it as we waited in the twenty-plus minute line to have someone perform a menial task that I’m perfectly willing to perform on my own. I could only come up with two reasons why this would still be New Jersey law. Either politicians believe self-service pumps are too dangerous for untrained citizens to operate or they believe full-service will somehow lead to greater employment within the state. Considering I’ve been refueling my cars safely since 1989, I’m almost certain that safety can’t be the reason this law still exists. After a little research, safety was the reason legislators originally passed the full-service requirement. Gas is still a flammable liquid, of course, but technology has improved considerably from standards that existed early in the development of the car and refueling stations. Our friends and neighbors aren’t regularly setting themselves on fire or blowing up while pumping gas. The average Joe can handle it. Factor in the clearly untrained nature of New Jersey gas station attendants, as evidenced by the fine individual who pumped our gas shortly after taking a walk two car lengths away to smoke a cigarette, this reason is no longer valid.

So it must be socialism economics that perpetuates the practice. Sure, more attendants are needed to pump gas, but that cost gets passed to the customer. In my research I noticed a few links suggesting that full-service gas is still cheaper than it is in states that don’t prohibit self-service. That’s fine, but I don’t doubt that gas is more expensive than it needs to be. Regardless, I’ll discard the notion that it costs more. It’s a big item to dismiss, of course, but even if it made sense to do so, the environmental and productivity impact can’t be dismissed.

During our wait, we left our car running. So did every other driver in line. Every one of us wasted gas. We polluted the air for more than twenty minutes for no reason. Surely the danger from the cumulative toxins we all released yesterday is greater than the risk that one of us would set the place ablaze. Having seen the smog hanging over much of the Turnpike, who would deny this?

Of course, the economic impact of that wasted gas must surely be figured into the absolute cost of gasoline in New Jersey.

As for productivity, what else could every motorist in New Jersey have accomplished in the time wasted while waiting for full-service? Danielle and I wasted more than forty minutes combined. Multiply that by every family. On a Sunday afternoon, maybe that amounts to lost beer-drinking soymilk-drinking time. What about Monday thru Friday? What about commercial vehicle drivers? Surely this loss of efficiency should matter. It did to us.

I could almost think it was just a quirky feature of New Jersey and it added flavor to our culture. A few minutes after we left the gas station, we crossed the state line. The first service area off I-95 had a gas station. It had a few customers, each scattered among the various self-service pumps. No one was on fire. No one was spilling gas on the ground. Everything was fine, operating as smoothly as New Jersey. The only difference? The gas station had no lines. I don’t wonder why.

Other thoughts: Marginal Revolution from Nov. ’03, and NRO, from Sept. ’03

Fairness doesn’t have a dollar limit

This story is ostensibly about Randy Johnson’s daughter from a relationship prior to his current wife and the lawsuit he filed against her mother seeking repayment of daycare funds paid over the last five years for his now-16-year-old daughter. That doesn’t involve me, so I don’t care. I don’t see why anyone else would, either, except that Randy Johnson is one of the best pitchers in baseball. Really, though… so what.

One portion of the “journalism” included in the article reflects a much broader tendency in our society, though, one that guides flawed policies in at least one area (taxation). I think it’s important. It’s definitely more important than the facts, especially as presented in this tabloid fashion. (Sidebar: people in New York read this crappy paper?) Consider:

Observers were befuddled that Johnson would file a lawsuit over what amounts to chump change for the millionaire – all while risking unwanted publicity on an intensely private matter.

How does his financial wealth factor into this lawsuit? Since he’s a millionaire, we should side against him because he can afford it? What if he’s right, as he may be in this case? We shouldn’t rule against him because we’re jealous of his money. It’s the same stupid logic that leads us to progressive taxation. Because the rich can afford it. Nonsense. The rich have as much claim to fairness as the poor in the financial responsibilities associated with child-rearing.

Via: Baseball Musings