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Posts from 2005

Libertarians for Protectionism

It’s always so cute to see self-proclaimed libertarians engaging in the most egregious sorts of protectionist argument when it comes to intellectual property restrictions. Consider the recent exchange on patents and copyrights over at Catallarchy, in which we are apparently supposed to grant drug companies and record labels the power to violently halt competition because (1) they have high sunk costs, and (2) they’d have to rethink their business strategy on a free market.

For example, here’s Joseph Weisenthal:

Matt, it’s been estimated that it takes approximately $500 Million dollars to develop the average drug, although that number can swing wildly. If companies were simply allowed to copy a compound and produce it as soon as a drug became available, the cost would fall roughly to the cost of current production, but that doesn’t suffice when you have up to 15 years of previous R&D expense to recoup.

The cost theory of value just doesn’t cut it, here bra, and yes, if drugs did fall to this level, there would be little reason to spend the enormous amounts of money, and spend the time to develop the compound.

And so, if patent protectionism is withdrawn, pharmaceutical research and development may have to be done by somebody other than for-profit pharmaceutical companies!

On a similar note, here’s Brandon Berg, adding an appeal to pity for the poor record companies on top of the protectionist argument:

What about the record companies who fund the production of their albums? People like to think of them as some sort of parasitic middlemen, but they’re not. They provide the capital and take on the risk that most musicians can’t afford. If profits fall, then recording studios will decide not to fund albums by musicians whom they think are less likely to be successful.

And so, if copyright protectionism is withdrawn music companies might have to rethink their current business model!

O tempora! O mores!

Economics lesson for the day: protectionism doesn’t work. Markets do.

Ethics lesson for the day: the world doesn’t owe you a living, even if you’re very smart or very creative. Honest people try to find a new way to make a living if the old way can’t work without the use of government force. Clever people find out new ways of making useful things, if they realize they can’t make an honest living in the old ways.

Logic lesson for the day: before you have a successful reductio ad absurdam the conclusion of the lemma must actually be absurd.

Burn, baby, burn

Take down that flag and for the love of God turn off that Lee Greenwood. Independence Day is not about the United States. (There was no such country in 1776, before or after the Declaration; the Declaration only claimed to absolve the former colonies from any allegiance to the Crown.) Least of all is this a day for the government or for its loyalists. 4 July is for rebels and radicals.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it …. [W]hen a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

— Declaration of Independence, 4 July 1776

Jefferson, of course, claimed that the natural consequence of altering or abolishing government was to “institute new Government.” So much the worse for Jefferson (and especially for those whom he later came to govern), but that affects what’s entailed by the principles enunciated in the Declaration about as much as the fact that Jefferson pretended like he didn’t have a moral duty to immediately release his slaves from bondage affects the fact that the Declaration’s defense of complete equality and inalienable natural rights nevertheless condemned slavery beyond hope of appeal. Whatever Jefferson’s failings, his argument, if sound, is an argument against any form of coercive government whatsoever. If indeed we do have the “right to alter or abolish” government–any government–in virtue of our right to withdraw our consent to their authority, and we retain that right as free human beings no matter what institutions we may have been born into or roped into, then no government can ever rightly demand our allegiance against our will; we are, all of us, free to withdraw that allegiance and (thereby) remove ourselves from any obligation to any government at any time. The only question that remains is whether that right to alter or abolish government is a right that belongs to each of us, individually, or a right that has to be exercised collectively (by some group of us acting together). But if our right to refuse government authority derives from (1) our birthright to equal station as sovereign individuals, and (2) the natural and unalienable rights that follow from that, then it’s hard to see how these individually held rights could entail anything less than an individual right, as the political equal of any puffed-up prince or president on Earth, for you, personally, right now, to sever all political connections if you want, and to tell your would-be rulers just where they can go promulgate their law.

Over at Catallarchy they’ve been singing the praises of flag-burning. I might be more enthusiastic about it if I thought the flag were really the problem; but, aside from being even uglier than most of the world’s military colors, there’s not too much harm that you can say the flag itself has really done. But flags aren’t all that you can burn. Here’s how William Lloyd Garrison, for example, marked the occasion 151 years ago today, when Boston was outraged by the use of armed federal troops to force Anthony Burns back into Southern slavery:

The rally began with a prayer and a hymn. Then Garrison launched into one of the most controversial performances of his career. To-day, we are called to celebrate the seventy-eighth anniversary of American Independence. In what spirit? he asked, with what purpose? to what end? The Declaration of Independence had declared “that all men are created equal … It is not a declaration of equality of property, bodily strength or beauty, intellectually or moral development, industrial or inventive powers, but equality of RIGHTS–not of one race, but of all races.

Massachussets Historical Society, July 2005

We have proved recreant to our own faith, false to our own standard, treacherous to the trust committed to our hands; so that, instead of helping to extend the blessings of freedom, we have mightily served the cause of tyranny throughout the world. Garrison then spoke about the prospects for the success of the revolutionary spirit within the nation, prospects he regarded as dismal because of the insatiable greed, boundless rapacity, and profligate disregard of justice prevalent at the time. He concluded his speech by asserting, Such is our condition, such are our prospects, as a people, on the 4th of July, 1854! Setting aside his manuscript, he told the assembly that he should now proceed to perform an action which would be the testimony of his own soul to all present, of the estimation in which he held the pro-slavery laws and deeds of the nation

— from Thoreau: Lecture 43, 4 July, 1854

Producing a copy of the Fugitive Slave Law, he set fire to it, and it burst to ashes. Using an old and well-known phrase, he said, And let all the people say, Amen; and a unanimous cheer and shout of Amen burst from the vast audience. In like manner, Mr. Garrison burned the decision of Edward G. Loring in the case of Anthony Burns, and the late charge of Judge Benjamin R. Curtis to the United States Grand Jury in reference to the treasonable assault upon the Court House for the rescue of the fugitive–the multitude ratifying the fiery immolation with shouts of applause. Then holding up the U.S. Constitution, he branded it as the source and parent of all the other atrocities,–“a covenant with death, and an agreement with hell,”–and consumed it to ashes on the spot, exclaiming, So perish all compromises with tyranny! And let all the people say, Amen! A tremendous shout of Amen! went up to heaven in ratification of the deed, mingled with a few hisses and wrathful exclamations from some who were evidently in a rowdyish state of mind, but who were at once cowed by the popular feeling.

–from The Liberator, 7 July 1854 (boldface added)

Happy Independence Day.

Discourse for the Day

Here’s a beautiful selection from Epictetus (ca. 55 – ca. 135 CE) on logic and philosophical method; you might say this post is inspired by current events — if, by that, you mean things that are happening in my life at the moment, rather than whatever the latest gusts of newsmedia wind are being blown over. My students are wonderful, but no matter how wonderful they are, they always bring it to mind at some point; although I suppose it might also be worth keeping in mind when you deal with the pronouncements of Vice Presidents of the United States and public intellectuals, too.

Against the Academics

If a person opposes very evident truths, it is not easy to find an argument by which one may persuade him to alter his opinion. This arises neither from his own strength, nor from the weakness of his teacher: but when a man after being reduced to contradiction in the course of an argument, becomes as hard as stone, how shall we deal with him any longer by reason?

Such petrification takes two forms: the one, a petrification of the understanding, and the other of the sense of shame, when a person has obstinately set himself neither to assent to evident truths, nor to abandon the defence of contradictions. Most of us fear the deadening of the body, and would make use of every means possible to avoid falling into that condition: but the deadening of the soul concerns us not one bit. And, by Zeus, when the soul itself is in such a condition that a person is incapable of following a single argument or understanding anything, we think him in a sad condition: but if a person’s sense of shame and modesty is deadened, we go so far as to call this strength of mind.

Do you understand that you are awake? — No, he replies, any more than I do in my dreams when I have the impression that I am awake. — Is there no difference, then, between that impression and the other? — None. — Can I argue with this man any longer? And what fire or steel shall I apply to him to make him aware that he has become deadened? He is aware of it, but pretends that he is not; he is even worse than a corpse.

One man does not see the contradiction; he is in a bad state. Another does see it, but is not moved, nor does he improve; he is in an even worse state. His sense of shame and modesty have been completely extirpated. His reasoning faculty, indeed, has not been extirpated, but brutalized. Am I to call this strength? By no means; unless I am also to call by that name the quality which enables catamites to do and say in public whatever comes into their heads.

–Epictetus, Discourses, Book I, Chapter V

Bolts from the Blue

(Links thanks to Marian Douglas [2005-06-07], Lew Rockwell [2005-06-06], and Edmund Burke [1757].)

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who are not posing any serious threat to anyone, in order to make sure that they stay in control of the situation. You already knew that they electrified children and suspected salad-bar thieves; you can also add to the list women who have committed the horrible crimes of driving on a suspended license and going 12 miles an hour over the speed limit, provided that they are (1) Black and (2) talk back to the cops, especially on points of legality. Note that being completely unarmed and doing nothing more dangerous than not getting out of the vehicle promptly on command will not stop them from using a 50,000 volt electric blast to immobilize you with pain two or three times in quick succession. Neither, incidentally, will being eight months pregnant.

This is getting repetitive, so let’s just review:

We already knew that Florida cops were willing to electrify a 6 year old boy and a 12 year old girl with a 50,000 volt blast from a taser. The 6 year old was distraught and threatening to hurt himself (after all, why hurt yourself when you can have a cop immobilize you with pain?); the 12 year old’s crime was playing hooky and maybe being a little tipsy, and the incredibly dangerous imminent threat she posed was that she ran away from the cop and so might have been able to skip school. Back when it happened, I mentioned that the main reaction from the police brass was to review the decision to equip cops with tasers–as if the equipment were the primary problem here. I also mentioned that we might be better served by scrutinizing the paramilitary police culture that we have, in which peace officers are trained to take control of every situation at all times, by any means necessary, and where any notion of proportionality between the possible harm and the violence used to maintain control is routinely chucked out the window in the name of law and order and winning the war on crime.

The cops, of course, continue to treat these cases as a P.R. management problem, not a public safety problem created by out-of-control cops. That’s because the cops aren’t out of control; they are doing what cops normally do in our society; we only know about it here because the victims were vulnerable enough that their caretakers were able to get the attention of the newsmedia and the civil courts. We are not talking about a few bad apples here; we are talking about a systematic feature of policing in our society.

— Geekery Today 2005-04-26: Peace Officers

Meanwhile. in Seattle:

Law enforcement officers have said they see Tasers as a tool that can benefit the public by reducing injuries to police and the citizens they arrest.

Seattle police officials declined to comment on this case, citing concerns that Brooks might file a civil lawsuit.

But King County sheriff’s Sgt. Donald Davis, who works on the county’s Taser policy, said the use of force is a balancing act for law enforcement.

It just doesn’t look good to the public, he said.

— Marian Douglas 2005-06-07: Police Taser pregnant woman 3 Times, Just happens to be Black

I’ve been at this for a while with more or less the same analysis applid in each of several different cases (1, 2, 3), so by now I probably ought to at least add a bit by way of a reply to Martin Striz’s complaints. In that direction, let me just say that my main concern here is the paramilitary stance that police forces take toward you and I, and the routine use of extreme violence that that fosters; and that my main difference from Martin has a lot to do with a difference over whether the institutional framework that cops work in is essentially or just accidentally connected with the abuses of power that rampaging cops display every day.

But there’s no need for me to dwell on this point about the hangman State when Edmund Burke already explained it better than I could, back in 1757:

These Evils are not accidental. Whoever will take the pains to consider the Nature of Society, will find they result directly from its Constitution. For as Subordination, or in other Words, the Reciprocation of Tyranny, and Slavery, is requisite to support these Societies, the Interest, the Ambition, the Malice, or the Revenge, nay even the Whim and Caprice of one ruling Man among them, is enough to arm all the rest, without any private Views of their own, to the worst and blackest Purposes; and what is at once lamentable and ridiculous, these Wretches engage under those Banners with a Fury greater than if they were animated by Revenge for their own proper Wrongs. …

To prove, that these Sort of policed Societies are a Violation offered to Nature, and a Constraint upon the human Mind, it needs only to look upon the sanguinary Measures, and Instruments of Violence which are every where used to support them. Let us take a Review of the Dungeons, Whips, Chains, Racks, Gibbets, with which every Society is abundantly stored, by which hundreds of Victims are annually offered up to support a dozen or two in Pride and Madness, and Millions in an abject Servitude, and Dependence. There was a Time, when I looked with a reverential Awe on these Mysteries of Policy; but Age, Experience, and Philosophy have rent the Veil; and I view this Sanctum Sanctorum, at least, without any enthusiastick Admiration. I acknowledge indeed, the Necessity of such a Proceeding in such Institutions; but I must have a very mean Opinion of Institutions where such Proceedings are necessary. …

I now plead for Natural Society against Politicians, and for Natural Reason against all three. When the World is in a fitter Temper than it is at present to hear Truth, or when I shall be more indifferent about its Temper; my Thoughts may become more publick. In the mean time, let them repose in my own Bosom, and in the Bosoms of such Men as are fit to be initiated in the sober Mysteries of Truth and Reason. My Antagonists have already done as much as I could desire. Parties in Religion and Politics make sufficient Discoveries concerning each other, to give a sober Man a proper Caution against them all. The Monarchic, Aristocratical, and Popular Partizans have been jointly laying their Axes to the Root of all Government, and have in their Turns proved each other absurd and inconvenient. In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!

— Edmund Burke (1757): A Vindication of Natural Society

Chapter IV and much, much Moore…

This is old news, but I was too busy packing for my temporary relocation to upstate New York to put a post up about it at the time: the transcription of G. E. Moore’s Principia Ethica proceeds apace, and this time I have not one, but three milestones to announce (!):

  1. Chapter III, Moore’s extended treatment of hedonism, which I mentioned around the time I was halfway through with it, is now completely transcribed. I’d already finished Moore’s dissection of naturalistic hedonism (that is, hedonism supported by the naturalistic fallacy, as in, for example, Mill’s Utilitarianism); the new passages carry on with Moore’s discussion of Sidgwick and intuitionistic hedonism (that is, hedonism supported by an appeal to ethical intuitions). I think this actually contains some of the best material in all of Moore’s work — including one of my favorite arguments in all of philosophy, the Two Planets argument against ethical hedonism. (It may seem like an intuition-pump, but it’s a beautiful intuition-pump. And also, actually, a successful one: many people worry that he’s just begging the question, but I’d argue that Moore completely refutes hedonism, and that the argument ought to be convincing whether your intuitions about the planets line up with Moore’s or not. Maybe I’ll go into the reasons why here a bit later.)

  2. Chapter IV, Moore’s discussion of what he calls Metaphysical Ethics, is also completely transcribed. This is one of the chapters where Moore’s partisan aims come through a bit more clearly than you might hope; the goal is honorable enough — to show that his British Idealist contemporaries are actually guilty of the same sort of fallacy that constitutes the naturalistic fallacy when used by naturalists, and that the fallacy is no less fallacious when good is reduced to some set of supernatural properties rather than some set of natural properties — but the effort to count some coup against British Idealists who cited their Continental predecessors ends up in a very weak bit of criticism against Kant, who never did anything to deserve it. (Unfortunately, this would not be the last time that this happened to Kant — and especially not to Hegel — among the Analytics.) Still, the chapter is well worth reading, and on somewhat firmer ground when Moore is doing philosophy (i.e., when he examines the conceptual contours of the doctrines he sets out) than when he is doing scholarship (i.e., when he starts making claims about where those doctrines came from).

  3. Finally, you may notice a technical change that I took a few days off from transcribing to implement: the text of the documents is now stored in machine-readable feeds and processed by a PHP script that I wrote for the purpose. Aside from some minor aesthetic improvements I made along the way, the main upshot of this for you is that you can now read and cite the text not only by chapter, but also by individual section (as I did above when I cited §50) or even by ranges of sections (such as, for example, the characterization of the naturalistic fallacy and the Open Question Argument in §§10–13). Of course, you can still read chapter-by-chapter if you prefer.

Next up is the transcription of Chapter V, Moore’s discussion of right and wrong conduct; a bit of the work has already begun and I’m trying to keep along at a steady clip of at least one passage per day. How well I’m able to keep up with that depends on how hectic my work schedule turns out to be; but if you’re interested in keeping up with the process, and happen to have an Atom/RSS newsreader handy, you can do so by subscribing to the Atom feed for Chapter V.

Let me know about any typos that you spot. Read; cite; enjoy!

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