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Bureaucratic rationality #5: A Dream Deferred edition

First the IRS ate your Christmas turkey. Now they are coming to crush your childhood dreams, too.

(Via Technology Liberation Front 2007-01-29.)

LOS ANGELES, California (AP) — Brian Emmett’s childhood fantasy came true when he won a free trip to outer space.

But the 31-year-old was crushed when he had to cancel his reservation because of Uncle Sam.

Emmett won his ticket to the stars in a 2005 sweepstakes by Oracle Corp., in which he answered a series of online questions on Java computer code.

He became an instant celebrity, giving media interviews and appearing on stage at Oracle’s trade show.

For the self-described space buff who has attended space camp and watched shuttle launches from Kennedy Space Center, it seemed like a chance to become an astronaut on a dime.

Then reality hit. After some number-crunching, Emmett realized he would have to report the $138,000 galactic joy ride as income and owe $25,000 in taxes.

Unwilling to sink into debt, the software consultant from the San Francisco Bay area gave up his seat.

There was definitely a period of mourning. I was totally crestfallen, Emmett said. Everything you had hoped for as a kid sort of evaporates in front of you.

— CNN.com 2007-01-29: Uncle Sam spoils dream trip to space

Normally you would think that winning a contest would be the only way that people other than the hyper-rich might have a chance to experience space tourism in the near future; right now the cash price of a space trip is prohibitiely expensive for anyone else. So prohibitively expensive that just paying the tax on that much income would be prohibitively expensive for anyone else, too.

But if the tax bureaucrats didn’t make sure that you pay for your once-in-a-lifetime chance a trip to the stars, at a rate assessed according to the current, prohibitively expensive cash value of that trip, then who would? Best to keep the rabble away from a chance at being astronauts anyway; hopes and dreams can be dangerous things.

Bureaucratic rationality, n. The haunting fear that someone, somewhere, may be happy without permission.

In Their Own Words, “See No Evil, Hear No Evil” edition

Secretary of Defense Donald Rumsfeld, meeting with troops in Qatar, 28 April 2003:

And there have not been large numbers of civilian casualties because the coalition took such great care to protect the lives of innocent civilians as well as holy sites. … When the dust is settled in Iraq, military historians will study this war. They’ll examine the unprecedented combination of power, precision, speed, flexibility and, I would add also, compassion that was employed.

General Tommy Franks, Bagram Air Force Base, 19 March 2002:

I don’t believe you have heard me or anyone else in our leadership talk about the presence of 1,000 bodies out there, or in fact how many have been recovered. You know we don’t do body counts.

Donald Rumsfeld, interview on FOX News Sunday, 9 November 2003:

Well, we don’t do body counts on other people ….

Gilbert Burnham, Shannon Doocy, Elizabeth Dzeng, Riyadh Lafta, and Les Roberts (principal authors): The Human Cost of the War in Iraq: A Mortality Study, 2002–2006:

A new household survey of Iraq has found that approximately 600,000 people have been killed in the violence of the war that began with the U.S. invasion in March 2003.

The survey was conducted by an American and Iraqi team of public health researchers. Data were collected by Iraqi medical doctors with analysis conducted by faculty of the Johns Hopkins School of Public Health. The results will be published in the British medical journal, The Lancet.

The survey is the only population-based assessment of fatalities in Iraq during the war. The method, a survey of more than 1800 households randomly selected in clusters that represent Iraq's population, is a standard tool of epidemiology and is used by the U.S. Government and many other agencies.

The survey also reflects growing sectarian violence, a steep rise in deaths by gunshots, and very high mortality among young men. An additional 53,000 deaths due to non-violent causes were estimated to have occurred above the pre-invasion mortality rate, most of them in recent months, suggesting a worsening of health status and access to health care.

Methods: Between May and July 2006 a national cluster survey was conducted in Iraq to assess deaths occurring during the period from January 1, 2002, through the time of survey in 2006. Information on deaths from 1,849 households containing 12,801 persons was collected. This survey followed a similar but smaller survey conducted in Iraq in 2004. Both surveys used standard methods for estimating deaths in conflict situations, using population-based methods.

Key Findings: Death rates were 5.5/1000/year pre-invasion, and overall, 13.2/1000/year for the 40 months post-invasion. We estimate that through July 2006, there have been 654,965 excess deaths–fatalities above the pre-invasion death rate–in Iraq as a consequence of the war. Of post-invasion deaths, 601,027 were due to violent causes. Non-violent deaths rose above the pre-invasion level only in 2006. Since March 2003, an additional 2.5% of Iraq's population have died above what would have occurred without conflict.

The proportion of deaths ascribed to coalition forces has diminished in 2006, though the actual numbers have increased each year. Gunfire remains the most common reason for death, though deaths from car bombing have increased from 2005. Those killed are predominantly males aged 15-44 years.

Deaths were recorded only if the person dying had lived in the household continuously for three months before the event. In cases of death, additional questions were asked in order to establish the cause and circumstances of deaths (while considering family sensitivities). At the conclusion of the interview in a household where a death was reported, the interviewers were to ask for a copy of the death certificate. In 92% of instances when this was asked, a death certificate was present.

White House Press Conference, 11 October 2006:

Q Thank you, Mr. President. Back on Iraq. A group of American and Iraqi health officials today released a report saying that 655,000 Iraqis have died since the Iraq war. That figure is 20 times the figure that you cited in December, at 30,000. Do you care to amend or update your figure, and do you consider this a credible report?

George Bush: No, I don’t consider it a credible report. Neither does General Casey and neither do Iraqi officials. I do know that a lot of innocent people have died, and that troubles me and it grieves me. And I applaud the Iraqis for their courage in the face of violence. I am amazed that this is a society which so wants to be free that they’re willing to — that there’s a level of violence that they tolerate. And it’s now time for the Iraqi government to work hard to bring security in neighborhoods so people can feel at peace.

No question, it’s violent, but this report is one — they put it out before, it was pretty well — the methodology was pretty well discredited. But I talk to people like General Casey and, of course, the Iraqi government put out a statement talking about the report.

Q — the 30,000, Mr. President? Do you stand by your figure, 30,000?

Bush: You know, I stand by the figure. A lot of innocent people have lost their life — 600,000, or whatever they guessed at, is just — it’s not credible. Thank you.

Harry Frankfurt, On Bullshit (1986/2005):

One of the most salient features of our culture is that there is so much bullshit. …The realms of advertising and of public relations, and the nowadays closely related realm of politics, are replete with instances of bullshit so unmitigated that they can serve among the most indisputable and classic paradigms of the concept.

Further reading:

How physicians learned to stop worrying and love Big Pharma

You could also call this How Government Solved the Health Care Crisis, Part II; Part I being Roderick’s excellent article from 1993, on the government’s deliberate obstruction of mutual aid societies (in order to raise medical costs), and the havoc that it’s wreaked on the medical insurance system ever since.

As a follow-up in a similar vein, here’s an interesting bit I stumbled across in Robert Whitaker’s Mad in America (2002); the topic came up in the course of explaining how neuroleptics, and thorazine in particular — first marketed as chemical lobotomies, later repackaged as antipsychotics — took American psychiatry by storm during the 1950s. An essential part of the process was the destruction of private, independent oversight over the therapeutic value of drugs — a medical watchdog system that worked, until government fixed it.

After World War II, global leadership in drug development began to shift from Germany to the United States, and it did so because the financial opportunities in the United States were so much greater. Drug manufacturers in the United States could get FDA approval for their new medications with relative ease, since at that time they did not have to prove that their drugs were effective, only that they weren’t too toxic. They could also charge much higher prices for their drugs in the United States than in other countries because of strong patent-protection laws that limited competition. Finally, they could count on the support of the influential American Medical Association, which, as a result of a new law, had begun cozying up to the pharmaceutical industry.

Prior to 1951, the AMA had acted as a watchdog of the drug industry. In the absence of government regulations requiring pharmaceutical companies to prove that their medications had therepeutic merit, the AMA, for nearly fifty years, had assumed the responsibility of distinguishing good drugs from the bad. It had its own drug-testing laboratory, with drugs deemed worthwhile given the AMA seal of approval. Each year it published a book listing the medications it found useful. Drug companies were not even allowed to advertise in the Journal of the American Medical Association unless their products had been found worthy of the AMA seal. At that time, however, patients could obtain most drugs without a doctor’s prescription. Drug companies primarily sold their goods directly to the public or through pharmacists. Physicians were not, in essence, drug vendors. But in 1951, Minnesota senator Hubert Humphrey cosponsored a bill, which became the Durham-Humphrey Amendment to the Federal Food, Drug, and Cosmetics Act of 1938, that greatly expanded the list of medications that could be obtained only with a doctor’s prescription. While the amendment was designed to protect the public by allowing only the safest of drugs to be sold over the counter, it also provided doctors with a much more privileged status within society. The selling of nearly all potent medications now ran directly through them. As a result, drug companies began showering them, and their professional organizations, with their marketing dollars, and that flow of money changed the AMA almost overnight.

In 1950, the AMA received $5 million from member dues and journal subscriptions but only $2.6 million from drug-company advertisements in its journals. A decade later, its revenue from dues and subscriptions was still about the same ($6 million), but the money received from drug companies had leaped to $10 million–$8 million from journal advertisements and another $2 million from the sale of mailing lists. As this change occurred, the AMA dropped its critical stance toward the industry. It stopped publishing its book on useful drugs, abandoned its seal-of-approval program, and eliminated its requirement that pharmaceutical companies provide proof of their advertising claims. In 1961, the AMA even opposed a proposal by Tennessee senator Estes Kefauver to require drugmakers to prove to the Food and Drug Administration (FDA) that their new drugs were effective. As one frustrated physician told Kefauver, the AMA had become a sissy to the industry.

–Robert Whitaker, Mad in America (2002), pp.148–149

State Leftists who write on the medical industry routinely — rightly — talk up the corrupting effects that drug industry money and favors have had on the practice of medicine. But what they need to realize is that this is not some kind of disease endemic to a free market in medicine, or caused by the inevitable contamination from filthy lucre. Until 1951, there was no problem with drug companies bribing doctors to serve as drug-pushers; physicians’ organizations served as a system of voluntary, independent oversight on the claims of the drug industry — until, that is, the government shoved its way in to fix the problem of overhyped medication. What we found out is what we should have known all along: cartelization corrupts, and absolute cartelization corrupts absolutely.

Over My Shoulder #15: Robert Whitaker (2002), Mad in America

You know the rules; here’s the quote. This is again delayed (this time, by the belated Tyrannicide Day celebration of going to see V for Vendetta on opening night; in case you’re wondering, it’s very good, but you should read the comic book, too, or you’ll miss out on a lot of good stuff). This week’s reading is from the bus on the way to work: a long passage from the first chapter of Robert Whitaker’s Mad in America: Bad Science, Bad Medicine, and the Enduring Mistreatment of the Mentally Ill (2002). Whitaker is explaining the historical backdrop of Benjamin Rush’s European medical training:

One of the first English physicians to write extensively on madness, its nature, and the proper treatment for it was Thomas Willis. He as highly admired for his investigations into the nervous system, and his 1684 text on insanity set the tone for the many medical guides that would be written over the next 100 years by English mad-doctors. The book’s title neatly summed up his views of the mad: The Practice of Physick: Two Discourses Concerning the Soul of Brutes. His belief–that the insane were animal-like in kind–reflected prevailing conceptions about the nature of man. The great English scientists and philosophers of the seventeenth century–Francis Bacon, Isaac Newton, John Locke, and others–had all argued that reason was the faculty that elevated humankind above the animals. This was the form of intelligence that enabled man to scientifically know his world, and to create a civilized society. Thus the insane, by virtue of having lost their reason, were seen as having descended to a brutish state. They were, Willis explained, fierce creatures who enjoyed superhuman strength. They can break cords and chains, break down doors or walls … they are almost never tired … they bear cold, heat, watching, fasting, strokes, and wounds, without any sensible hurt. The mad, he added, if they were to be cured, needed to hold their physicians in awe and think of them as their tormentors.

Discipline, threats, fetters, and blows are needed as much as medical treatment … Truly nothing is more necessary and more effective for the recovery of these people than forcing them to respect and fear intimidation. By this method, the mind, held back by restraint is induced to give up its arrogance and wild ideas and it soon becomes meek and orderly. This is why maniacs often recover much sooner if they are treated with tortures and torments in a hovel instead of with medicaments.

A medical paradigm for treating the mad had been born, and eighteenth-century English medical texts regularly repeated this basic wisdom. In 1751, Richard Mead explained that the madman was a brute who could be expected to attack his fellow creatures with fury like a wild beast and thus needed to be tied down and even beat, to prevent his doing mischief to himself or others. Thomas Bakewell told of how a maniac bellowed like a wild beast, and shook his chain almost constantly for several days and nights … I therefore got up, took a hand whip, and gave him a few smart stripes upon the shoulders… He disturbed me no more. Physician Charles Bell, in his book Essays on the Anatomy of Expression in Painting, advised artists wishing to depict madmen to learn the character of the human countenance when devoid of expression, and reduced to the state of lower animals.

Like all wild animals, lunatics needed to be dominated and broken. The primary treatments advocated by English physicians were those that physically weakened the mad–bleeding to the point of fainting and the regular use of powerful purges, emetics, and nausea-inducing agents. All of this could quickly reduce even the strongest maniac to a pitiful, whimpering state. William Cullen, reviewing bleeding practices, noted that some advised cutting into the jugular vein. Purges and emetics, which would make the mad patient violently sick, were to be repeatedly administered over an extended period. John Monro, superintendent of Bethlehem Asylum, gave one of his patients sixty-one vomit-inducing emetics in six months, including strong doses on eighteen successive nights. Mercury and other chemical agents, meanwhile, were used to induce nausea so fierce that the patient could not hope to have the mental strength to rant and rave. While nausea lasts, George Man Burrows advised, hallucinations of long adherence will be suspended, and sometimes be perfectly removed, or perhaps exchanged for others, and the most furious will become tranquil and obedient. It was, he added, far safer to reduce the patient by nauseating him than by depleting him.

A near-starvation diet was another recommendation for robbing the madman of his strength. The various depleting remedies–bleedings, purgings, emetics, and nausea-inducing agents–were also said to be therapeutic because they inflicted considerable pain, and thus the madman’s mind became focused on this sensation rather than on his usual raving thoughts. Blistering was another treatment useful for stirring great bodily pain. Mustard powders could be rubbed on a shaved scalp, and once the blisters formed, a caustic rubbed into the blisters to further irritate and infect the scalp. The suffering that attends the formation of these pustules is often indescribable, wrote one physician. The madman’s pain could be expected to increase as he rubbed his hands in the caustic and touched his genitals, a pain that would enable the patient to regain consciousness of his true self, to wake from his supersensual slumber and to stay awake.

All of these physically depleting, painful therapies also had a psychological value: They were feared by the lunatics, and thus the mere threat of their employment could get the lunatics to behave in a better manner. Together with liberal use of restraints and an occasional beating, the mad would learn to cower before their doctors and attendants. In most cases it has appeared to be necessary to employ a very constant impression of fear; and therefore to inspire them with the awe and dread of some particular persons, especially of those who are to be constantly near them, Cullen wrote. This awe and dread is therefore, by one means or other, to be acquired; in the first place by their being the authors of all the restraints that may be occasionally proper; but sometimes it may be necessary to acquire it even by stripes and blows. The former, although having the appearance of more severity, are much safer than strokes or blows about the head.

Such were the writings of English mad-doctors in the 1700s. The mad were to be tamed. But were such treatments really curative? In the beginning, the mad-doctors were hesitant to make that claim. But gradually they began to change their tune, and they did so for a simple reason: It gave them a leg up in the profitable madhouse business.

In eighteenth-century England, the London asylum Bethlehem was almost entirely a place for the poor insane. The well-to-do in London shipped their family lunatics to private madhouses, a trade that had begun to emerge in the first part of the century. These boarding houses also served as convenient dumping grounds for relatives who were simply annoying or unwanted. Men could get free from their wives in this manner–had not their noisome, bothersome spouses gone quite daft in the head? A physician who would attest to this fact could earn a nice sum–a fee for the consultation and a referral fee from the madhouse owner. Doctors who owned madhouses mad out particularly well. William Battie, who operated madhouses in Islington and Clerkenwell, left an estate valued at between £100,000 and £200,000, a fabulous sum for the time, which was derived largely from this trade.

Even though most of the mad and not-so-mad committed to the private madhouses came from better families, they could still expect neglect and the harsh flicker of the whip. As reformer Daniel Defoe protested in 1728, Is it not enough to make any one mad to be suddenly clap’d up, stripp’d, whipp’d, ill fed, and worse us’d? In the face of such public criticism, the madhouse operators protested that their methods, while seemingly harsh, were remedies that could restore the mad to their senses. The weren’t just methods for managing lunatics, but curative medical treatments. In 1758, Battie wrote: Madness is, contrary to the opinion of some unthinking persons, as manageable as many other distempers, which are equally dreadful and obstinate. He devoted a full three chapters to cures.

In 1774, the English mad trade got a boost with the passage of the Act for Regulating Madhouses, Licensings, and Inspection. The new law prevented the commitment of a person to a madhouse unless a physician had certified the person as insane (which is the origin of the term certifiably insane). Physicians were now the sole arbiters of insanity, a legal authority that mad the mad-doctoring trade more profitable than ever. Then, in 1788, King George III suffered a bout of madness, and his recovery provided the mad-doctors with public proof of their curative ways.

Francis Willis, the prominent London physician called upon by the queen to treat King George, was bold in proclaiming his powers. He boasted to the English Parliament that he could reliably cure nine out of ten mad patients and that he rarely missed curing any [patients] that I had so early under my care: I mean radically cured. On December 5, 1788, he arrived at the king’s residence in Kew with an assistant, three keepers, a straight waistcoat, and the belief that a madman needed to be broken like a horse in a manège. King George III was so appalled by the sight of the keepers and the straight waistcoat that he flew into a rage–a reaction that caused Willis to immediately put him into the confining garment.

As was his custom, Willis quickly strove to assert his dominance over his patient. When the king resisted or protested in any way, Willis had him clapped into the straight-waistcoat, often with a band across his chest, and his legs tied to the bed. Blisters were raised on the king’s legs and quickly became infected, the king pleading that the pustules burned and tortured him–a complaint that earned him yet another turn in the straight waistcoat. Soon his legs were so painful and sore that he couldn’t walk, his mind now wondering how a king lay in this damned confined condition. He was repeatedly bled, with leeches placed on his templates, and sedated with opium pills. Willis also surreptitiously laced his food with emetics, which made the king so violently sick that, on one occasion, he knelt on his chair and prayed that God would be pleased either to restore Him to his Senses, or permit that He might die directly.

In the first month of 1789, the battle between the patient and doctor became ever more fierce. King George III–bled, purged, blistered, restrained, and sedated, his food secretly sprinkled with a tartar emetic to make him sick–sought to escape, offering a bribe to his keepers. He would give them annuities for life if they would just free him from the mad-doctor. Willis responded by bringing in a new piece of medical equipment–a restraint chair that bound him more tightly than the straight waistcoat–and by replacing his pages with strangers. The king would no longer be allowed the sight of familiar faces, which he took as evidence that Willis’s men meant to murder him.

In late February, the king made an apparently miraculous recovery. His agitation and delusions abated, and he soon resumed his royal duties. Historians today believe that King George III, rather than being mad, suffered from a rare genetic disorder, called porphyria, which can lead to high levels of toxic substance in the body that cause temporary delirium. He might have recovered more quickly, they believe, if Willis’s medical treatment had not so weakened him that they aggravated the underlying condition. But in 1789, the return of the king’s sanity was, for the mad-doctors, a medical triumph of the most visible sort.

In the wake of the king’s recovery, a number of English physicians raced to exploit the commercial opportunity at hand by publishing their novel methods for curing insanity. Their marketing message was often as neat as a twentieth century sound bite: Insanity proved curable. One operator of a madhouse in Chelsea, Benjamin Faulkner, even offered a money-back guarantee: Unless patients were cured within six months, all board, lodging, and medical treatments would be provided free of all expence whatever. The mad trade in England flourished. The number of private madhouses in the London area increased from twenty-two in 1788 to double that number by 1820, growth so stunning that many began to worry that insanity was a malady particularly common to the English.

In this era of medical optimism, English physicians–and their counterparts in other European countries–developed an ever more innovative array of therapeutics. Dunking the patient in water became quite popular–a therapy intended both to cool the patient’s scalp and to provoke terror. Physicians advised pouring buckets of water on the patient from a great height or placing the patient under a waterfall; they also devised machines and pumps that could pummel the patient with a torrent of water. The painful blasts of water were effective as a remedy and a punishment, one that made patients complain of pain as if the lateral lobes of the cerebrum were split asunder. The Bath of Surprise became a staple of many asylums: The lunatic, often while being led blindfolded across a room, would suddenly be dropped through a trapdoor into a tub of cold water–the unexpected plunge hopefully inducing such terror that the patient’s senses might be dramatically restored. Cullen found this approach particularly valuable:

Maniacs have often been relieved, and sometimes entirely cured, by the use of cold bathing, especially when administered in a certain manner. This seems to consist, in throwing the madman in the cold water by surprise; by detaining him in it for some length of time; and pouring water frequently upon the head, while the whole of the body except the head is immersed in the water; and thus managing the whole process, so as that, with the assistance of some fear, a refrigerant effect may be produced. This, I can affirm, has been often useful.

The most extreme form of water therapy involved temporarily drowning the patient. This practice had its roots in a recommendation made by the renowned clinician of Leyden, Hermann Boerhaave. The greatest remedy for [mania] is to throw the Patient unwarily into the Sea, and to keep him under Water as long as he can possibly bear without being quite stifled. Burrows, reviewing this practice in 1828, said it was designed to create the effect of asphyxia, or suspension of vital as well as of all intellectual operations, so far as safety would permit. Boerhaave’s advice led mad-doctors to concoct various methods for stimulating drowning such as placing the patient into a box drilled with holes and then submerging it underwater. Joseph Guislain built an elaborate mechanism for drowning the patient, which he called The Chinese Temple. The maniac would be locked into an iron cage that would be mechanically lowered, much in the manner of an elevator car, into a pond. To expose the madman to the action of this device, Guislain explained, he is led into the interior of this cage: one servant shuts the door from the outside while the other releases a break which, by this maneuver, causes the patient to sink down, shut up in the cage, under the water. Having produced the desired effect, one raises the machine again.

The most common mechanical device to be employed in European asylums during this period was a swinging chair. Invented by Englishman Joseph Mason Cox, the chair could, in one fell swoop, physically weaken the patient, inflict great pain, and invoke terror–all effects perceived as therapeutic for the mad. The chair, hung from a wooden frame, would be rotated rapidly by an operator to induce in the patient fatigue, exhaustion, pallor, horripilatio [goose bumps], vertigo, etc, thereby producing new associations and trains of thoughts. In the hands of a skilled operator, able to rapidly alter the directional motion of the swing, it could reliably produce nausea, vomiting, and violent convulsions. Patients would also involuntarily urinate and defecate, and plead for the machine to be stopped. The treatment was so powerful, said one nineteenth-century physician, that if the swing didn’t make a mad person obedient, nothing would.

Once Cox’s swing had been introduced, asylum doctors tried many variations on the theme–spinning beds, spinning stools, and spinning boards were all introduced. In this spirit of innovation and medical advance, one inventor built a swing that could twirl four patients at once, at revolutions up to 100 per minute. Cox’s swing and other twirling devices, however, were eventually banned by several European governments, the protective laws spurred by a public repulsed by the apparent cruelty of such therapeutics. This governmental intrusion into medical affairs caused Burrows, a madhouse owner who claimed that he cured 91 percent of his patients, to complain that an ignorant public would instruct us that patient endurance and kindliness of heart are the only effectual remedies for insanity!

Even the more mainstream treatments–the Bath of Surprise, the swinging chair, the painful blistering–might have given a compassionate physician like Rush pause. But mad-doctors were advised not to let their sentiments keep them from doing their duty. It was the highest form of cruelty, one eighteenth-century physician advised, not to be bold in the Administration of Medicine. Even those who urged that the insane, in general, should be treated with kindness, saw a need for such heroic treatments to knock down mania. Certain cases of mania seem to require a boldness of practice, which a young physician of sensibility may feel a reluctance to adopt, wrote Thomas Percival, setting forth ethical guidelines for physicians. On such occasions he must not yield to timidity, but fortify his mind by the councils of his more experienced brethren of the faculty.

–Robert Whitaker (2002), Mad in America, pp. 6–13.

This book is one of the only things I’ve read that ever made me cry.

Further reading

Libertarians for Protectionism, Appendix A

There’s been some debate recently over whether recent studies show that the lack of pharmaceutical patent laws didn’t stifle, and perhaps even accelerated, the development of innovative drugs in Italy. (Italy did not join the global intellectual enclosure movement with regard to drug research until 1978.)

I haven’t read the paper and I don’t know that much about pharmaceutical research and marketing processes to begin with, so I don’t know how much water the study holds. (For the pro, see Samizdata (2006-01-09): Can pharmaceuticals be developed without patents? and Kevin Carson (2006-01-23): Alex Singleton: The Effect of Patents on Drug R&D; for the anti, see the comments sections and Joshua Holmes (2006-01-24): On the Italian Pharmaceutical Industry.) My interest here isn’t to ajudicate the dispute. Maybe patent monopolies accelerate new drug production; maybe they stifle it; maybe they don’t affect it at all. The usual moral and economic arguments against intellectual property apply regardless of what effects patents happen to have on the velocity of pharma R&D. What I do intend to do is once again ridicule self-proclaimed free marketeers who throw it all overboard to indulge in the crudest forms of corporate protectionist argument when it comes to so-called intellectual property. Thus:

It takes a $500 million and 12 to 15 years to discover and bring a significant drug to market today. Who is going to invest that kind of money without patent protection?

Posted by Jake at January 9, 2006 03:14 AM

And:

To those of you who think patents are unnecessary:

Why don’t you take out a huge loan (say $500,000,000), invest it in the R&D and production of a new drug, and then send me a copy of your findings. That way I will be able to produce the drugs and sell them to the public myself without having to invest all that money.

No rational person would invest such a huge amount of time and money into pharma if there wasnt a protection in place that made it possible for them to make a profit off of their findings. …

Without the patent protection there would be far less innovation in pharmaceuticals, and without the time limit on the patent, prices would remain unnecessarily high. Both aspects are necessary, so we put up with high prices for awhile to encourage the future production of new drugs. …

Posted by Ryan at January 28, 2006 04:10 PM

Without a protective tariff, what rational person is going to invest in American automobiles? In a free market, who will be in charge of making the shoes?

The horrors we face are numerous. Pharmaceutical companies may have to re-evaluate their business plans. If people can’t make a profit on in-house research and development for new drugs, then drug research will have to be done, God forbid, out of house or by not-for-profit organizations!

A special prize goes to Shannon Love, for the accomplishment of combining crass protectionism in the name of the free market with an overtly state-constructivist theory of property rights in the name of denouncing state socialism, and topped off with the most absurd non sequitur of the entire thread:

We basically have two choices in managing intellectual resources of all kinds: (1) a private property system with all its warts or (2) socialism. If a decision-making about a resource cannot be effectively allocated to private entities via a property mechanism then state will allocate the resource via politics.

The destruction of intellectual property rights will inevitably lead to a new era of sweeping socialism, except in this era it will not be factories that get nationalized but research, art, software and media. State sponsored intellectual products will push private ones out of the market because only the state backed products will have a secure source of funding. …

So make your choice. If you want to live in a world where politicians control the production of virtually all information then by all means pirate media and violate patents but if you want to have some freedom and some hope that people can actually make a living producing information, then you should think long and hard how to make intellectual property systems work.

Posted by Shannon Love at January 9, 2006 03:59 PM

Because, of course, the world owes a living to people producing information, and what better way to ensure that than by allocating them proprietary control over my mind and my copying equipment?

After all, if folks can’t make their living producing information for profit, then some of the work will have to be done by means other than a for-profit retail business model. Some of it may even, God forbid, be left to rank amateurs!

How will we ever survive?

Look, the same lessons still apply. Before you have a successful reductio ad absurdam the conclusion of the lemma must actually be absurd.

Anticopyright. All pages written 1996–2025 by Rad Geek. Feel free to reprint if you like it. This machine kills intellectual monopolists.