Arbitrary Legality Makes Bad Laws

Recently, out of curiosity, I scanned the daily jail log for Curry County. I had never done so before and probably won’t do it again. Afterward, I felt guilty and was ashamed of myself.

I learned something interesting, though. Half of the people — five out of 10 — booked into the jail that particular day weren’t even accused of having done anything wrong; only things that have been arbitrarily declared illegal.

What’s the difference?

An act that violates an individual’s life, liberty, or property is wrong; a real crime, whether or not the law considers it a crime. These acts are wrong in and of themselves. The Latin term for this is “mala in se.”

Those booked into the jail that day and accused of having actually harmed someone were claimed to have either harmed others physically or to have violated someone’s property rights. Your main responsibility as a human is to respect the rights of others, so I have no sympathy for anyone who chooses to violate others.

This is assuming they actually did what they are accused of, which isn’t necessarily a reasonable assumption to make these days.

The other half of those jailed weren’t even suspected of harming anyone. The only justification for caging them was that they had offended the government in some way. Either they refused to identify themselves to a government employee, didn’t have the required permission papers, had forbidden substances, or tried to avoid being apprehended and kidnapped by an armed government employee. This makes these inmates political prisoners, not criminals. Even if I believed in punishment and imprisonment instead of justice, I wouldn’t believe these people deserved it. They are the real crime victims.

I understand why government would like for you and me to think of those things as crimes, but they aren’t They can’t be. Instead, these acts are “crimes” only because someone wrote legislation designating them so — a made-up rule with no ethical foundation. “Crimes” only because government employees say so. The Latin term for these acts is “mala prohibita.”

If you get aroused by punishing others, you probably don’t care. “It’s the LAW! It has to be obeyed,” you might insist.

Still, if you want your laws to be respected, you’ll first need to make them respectable. A good beginning is to get rid of all those laws based on nothing but the empty opinions of politicians.

This would eliminate all of your counterfeit mala prohibita “laws.”

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The Most Controversial Belief

Because I’m both a Libertarian and a loudmouth, I’m frequently hit with questions about libertarianism (and the Libertarian Party). Recently this one came up:

“What is the most controversial belief of Libertarians?”

Could it be our support of immigration freedom (and, generally, freedom to travel)?

Or our demand for separation of school and state?

Perhaps our hard-line support for gun rights?

Or our stand for legalization of all drugs?

How about our advocacy for keeping the government out of the sex lives of consenting adults (including marriage, and including sex for pay)?

Or our belief that who you do or don’t do business with — including for healthcare and retirement — is your decision and no one else’s to make?

My answer: It’s all of those, and others. But it really boils down to one issue.

The most controversial belief of libertarians (and partisan Libertarians) is the belief that you’re generally both more entitled and more qualified to run your life than someone else is.

Who considers that belief controversial? “Mainstream” politicians and their supporters.

Why do they consider that belief controversial? Because they consider themselves entitled and qualified to run your life for you, whether you like it or not. And, of course, to bill you for the costs of their supervision.

Politics isn’t persuasion. Politics is force.

Whether the issue is immigration, or education, or self-defense, or drug use,  or sex, or commerce, or, heck, what color you paint your house or how long you let the grass on your lawn grow, the political approach is not to present an argument and trust you to make the right decision. It’s to decide “for” you, then beat you down if you disobey (or fail to pay them for their services).

Libertarianism — even the “political” variety — isn’t really very political at all. It’s anti-political. As one fun meme puts it, libertarians are “diligently plotting to take over the world and leave you alone.”

Libertarians only recognize one valid constraint on your actions: A universal, mutual constraint against aggression, also known as initiation of force.

The simple version, courtesy of Matt Kibbe: Don’t hurt people, and don’t take their stuff.

When you throw the first punch, or pick someone’s pocket, or otherwise forcibly interpose yourself between someone else and that someone’s life, liberty, or property, you’re not running your own life. You’re trying to run theirs.

And that’s the only thing libertarians agree you should be stopped from doing or penalized (in a manner consistent with restitution, not “punishment”) for doing. Even if it’s “for their own good.”

If you’re down with that idea, congratulations: You’re a libertarian.

If you’re not down with that idea, I hope you’ll think it through more carefully.

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My Provisional Support For “Borders”

The only legitimate justification for something like a “national border” would be to separate a free territory from any unfree territories around it. In order to protect the people in the free territory from the statists surrounding them.

This situation doesn’t exist anywhere in the world because there are no free territories (other than small scale experimentsmaybe). America hasn’t been a free territory since America was replaced by “the United States” with the ratification of the U. S. Constitution. As long as there are “taxes” and other counterfeit “laws” and politicians in a territory, it is not free. Even though there are differences in degree, there are no differences in kind.

As it is, national borders are rather like the internal fences in a feedlot. They separate different groups of cattle from each other for the purposes of those who exploit them. It’s not for the good of the cattle. It would be genius to brainwash the cattle into believing it is.

In our human situation, it’s as if the cattle in one pen are getting angry at the cattle who hop the fence instead of focusing their anger at those who manage the feedlot. “We must remain ‘King of the Dung Heap’ in our little pen!

Those humans who hop the fence may be hoping to avoid a looming appointment on the kill floor, or maybe they hope for more food on the other side. But if they are looking for liberty they are doing it wrong and looking in the wrong place. Still, I can’t blame them for doing something in their desperation, even if it amounts to jumping out of the fire and into the smoldering kindling.

And, the ones who hop the fence and then demand to make this side similar to the side they were desperate to escape are being stupid and are committing evil.

To be clear: nothing excuses archation by fence hoppers. Nor by fence defenders.

Instead of abandoning principles over your “border”, why not make this side of the fence free. Create a condition of liberty. That means zero “taxes”, zero counterfeit “laws” of any kind, and zero politicians. This side of the fence cannot be a State.

Then, and only then, I’ll help you secure the border from anyone who tries to bring a little bit of archation into this free territory– while welcoming all others (because they couldn’t be a problem). Anyone else should be free to cross this border in either direction with no delay or difficulty whatsoever.

Because it’s always up to the believers to convince the skeptics, it’s up to those who support the “borders” to make this a free territory and convince me to support their walls and fences. If they have a workable plan which doesn’t involve me compromising food with poison or liberty with statism, I’ll jump right in.

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Sorry, Scott: “Climate Change” is a Power Grab

On a recent podcast, Scott Adams almost had a meltdown when confronted by the evidence that many of his listeners believe “climate change” hysteria is all about a power grab by those promoting it. He says this means people have been hypnotized by the media they get their news from.

There’s a flaw in his belief: I don’t partake of the “news”, and the “news” I accidentally get exposed to is from all over the statist map. I also don’t know whether AGCC is real, whether it is a net negative, or anything else about it– other than the fact it doesn’t justify violations of life, liberty, or property by any government.

Yet I do know he’s wrong to deny “climate change” is about a power grab, and here’s why.

He makes the mistake of insisting that someone show him the one person who is seeking to consolidate his or her power using the excuse of “climate change” through something like the “new green deal”. That’s looking for the wrong thing.

Every “law” increases government power. This means any new “law”– no matter what it’s about– is a power grab for the whole collective known as “government”. Any individual who has hitched their wagon to that coercive collective is going to gain power with each new “law”. Of course, any individual connected to government, who lusts for power, is going to advocate for something which will increase government power and will, therefore, increase the individual government cog’s power. Maybe not to the point of that one person being the King of Earth, but enough to cause that person to advocate for the new “law”. In the hope of gaining power. That’s a power grab.

It’s neither mysterious nor a conspiracy theory. It’s human nature and the nature of the political means.

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Awareness Often First Step Towards Liberty

People are often their own worst enemies. They listen to those they should ignore or laugh at while they ignore (or laugh at) those they should listen to. It’s always been the same.

Harriet Tubman, the 19th Century abolitionist, is quoted as saying, “I freed a thousand slaves. I could have freed more if only they knew they were slaves.”

It’s the libertarian’s dilemma. People don’t like to notice their chains even when that’s about all it would take to break them. It’s too painful to admit they aren’t as free as they should be, so they don’t.

No one can free you; it’s up to you to free yourself. If someone takes the chains off of you, unless you make up your mind to be free you’ll help put the chains back on the first time you get a little scared or hungry.

You’ll enslave yourself because you fear immigrants you imagine taking jobs you don’t have and don’t want.

You’ll enslave yourself to keep a neighbor from doing things they want to do but you don’t want them to do. Even when they don’t violate you in any way, you’ll violate yourself just to control them.

If it makes you angry to be told you aren’t nearly as free as you imagine; that your liberty is systematically violated every minute of your life by those who tell you how free you are, here’s another quote you need to hear; this one from Johann Wolfgang von Goethe: “None are more hopelessly enslaved than those who falsely believe they are free.”

Your body is yours; no one has a higher claim to it. If you can be prohibited from ingesting something — whether it’s sugar, Cannabis, or bacon — you aren’t free. If you can be forced to act against your interests when doing what you want wouldn’t violate anyone, you aren’t free.

The property you’ve gotten through mutually consensual arrangements with others is yours. If anyone else can claim your property — through such government actions as taxation, licenses, eminent domain, or even property codes — you aren’t free.

If you won’t work to be free — to throw off your chains — when it would be relatively safe and easy, what will you do when it becomes hard? Will you resign your children’s children to an intrusive, controlling police state?

If you go along to get along today, you’ve already answered the question.

You’ve chosen chains over scary liberty.

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Confessions of a Blogging Opium Eater

Nobody asked but …

With a nod to Thomas De Quincey, I have had to deal with the consequences of an addiction once again.  As a life long University of Kentucky basketball fan, I now must look forward to a long, cold summer.  I will have fleeting moments, perhaps in the NBA playoffs, perhaps when they contest the Rugby World Cup to see who can deny the New Zealand All Blacks.

But this all got me thinking about the nature of undying love, freedom, individuality, and consequences, from the POV of a voluntaryist.  Nobody got me into this mess, but myself.  I know the risks, however, so I suppose I suffer gladly (acknowledging that I would celebrate even more gladly, as I have done countless times in the past).  Looking at my nearly 76 earthly years with the Wildcats and the All Blacks, it has been worth it.

The point, however, is that addictions are one of the consequences of voluntarily seeking joy.  If you do it in the true spirit of the non-aggression principle (initiate no violence), the golden rule (do to others as you hope they will do to you), studying war no more, and hearty acceptance of ALL the responsibilities conferred with your goals of liberty, you can have joy, even among the heartaches.

— Kilgore Forelle

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