Author: Jarflax

  • Liberty for Me, but Also for Thee

    Liberty for Me, but Also for Thee

    Philosophical consistency is an aspirational goal.  It is not, no matter how much we may want to believe in our own purity, something any of us will ever truly achieve.  Also, even if you drive a Prius your farts stink; you have to spring for a Tesla before they turn to perfume.

    It is easy to see the inconsistencies in the belief systems of people with whom we disagree (because they are all stupid and rude); it is much harder to recognize those in our own noble, and wise beliefs. Almost all of us here are small l libertarians.  I am a conservative leaning libertarian.  We yokels sometimes make jokes about capital “L” Libertarians being all about pot, Mexicans and ass sex which is our deliberately offensive shorthand for our belief that The Libertarian Party, (sorry I know it doesn’t really deserve a capital letter but how else do we distinguish between libertarians and Bill Weld?) campaigns exclusively on sexual liberation (which has been pretty completely achieved, and no you did not get a speck of credit from the progs), drug legalization (yay crony pot!), and open borders, to the exclusion of freedom of association, gun rights, and limiting the massive growth of government, which we see as the more significant issues.

    I set this all out as a starting point, because I am going to be examining one of my own prejudices and it helps to give some context about my belief structure.  In other words I studied law and philosophy and am now completely incapable of getting directly to the point.  Hell, just be glad I didn’t spend 5 pages defining every noun in this article.

    Up to this point you are probably thinking:  Pompous guy spouting above the fray platitudes, libertarian model II, Paulista edition, time to move to the comments, nothing interesting here.  But I am not writing this to signal virtue; I am writing this, and struggling with it, because I have realized (not for the first time) that I have a conflict in my beliefs, and one that I think quite a few people here share.  

    It has to do with everyone’s favorite non-acronym acronym.  That wonderful keyboard swipe that defines sexual politics, LGBTQ. I am not worried about the L, they take care of themselves just fine, the G, they aren’t even victims anymore, the B, doubled date chances and all, or even the Q (Hi Q thanks for the mammaries!), but I have a problem with the T.  Ok, I don’t really understand the Q, I mean literally, I do not understand what queer means if it is something not covered by the L, B, or G.  So back to that troublesome T.

    I believe that there are three phenomena lumped into that T, and that due to deliberate conflating of these phenomena, a great deal of misery is being created.  First, there are the physically intersex individuals.  That tiny minority who are born with some ambiguity in their sexual characteristics.  Second, there are those suffering from gender dysphoria.  Also a small minority, but in this case with a psychological disconnect between their otherwise normal physiology and their self perception.  Finally, there are those I think of as the snowflakes.  Generally young people who I believe identify as transgender either in confusion about their sexual desires, a search for victimhood, or just to dramatize teen angst.

    For the intersex folk out there I have nothing but compassion.  My only wish for them is that they find whatever role and path to happiness they can.  If that means surgery, hormone treatments, and selection of a gender, great; if it means some other path, also great.  For those with actual gender dysphoria my thoughts are more complicated.  I personally think that treating a psychological disconnect by changing the body is the wrong path, but it isn’t my place to decide what path someone else should take, so who cares what I think?

    For the snowflakes, less sympathy, a lot less. As with many snowflake issues the answer is that growing up is hard, but worthwhile, and I suggest they give it a try.  No, occasionally having a stereotypical feminine feeling does not a dysphoria make. You are not a lesbian woman trapped in a man’s body.     You are just a straight dude, even if you get off on wearing women’s clothes. Equally, if you are ok with your body, but want to engage in sex with another dude that is called being gay, it does not require surgery, hormones, or switching restrooms.   Just do what makes you happy, don’t harm other people and stop being so dramatic.

    And now you are all thinking:  Ok, what’s so contradictory about all this?  These are pretty bland, basic viewpoints on this issue, and even the part where I diverge from the sjw narrative I admit is none of my business so why bother to spout off? Aren’t I just being an angsty snowflake myself with all my dramatic “philosophical contradiction” nonsense?  BUT I AM SPECIAL DAMMIT!

    Well, there is a more controversial part of all this.

    What about the kids?  Pretty much anyone who claims to be libertarian is going to eventually come around to the idea that adults can make their own choices about hormones and surgery.  There may be some waffling about bathrooms, and we may think prisons, sports leagues and other sex segregated venues should go by biology, but it’s very hard to claim to be pro individual liberty and at the same time deny adults the right to make their own decisions about their bodies.  Children are a different thing. (Why will no one ever think of them!)

    Children do not have full autonomy.  Obviously, you cannot let a toddler, or grade-schooler, or even a middle-schooler  make all, or even most, of their day to day decisions.  A diet of soda, candy, and ice cream is unhealthy.  Spending all day playing Fortnite or hunting Pokemon is less productive than school (ok, maybe the kids are right on this one).  Vaccinations are actually a good thing, even if shots sting.  And, no, the dog does not want to be dressed as your caparisoned stallion and ridden to battle with the forces of evil over at Mikey’s house.  So, we all accept that children can rightly be prevented from doing as they wish.  

    We accept the concept of parental authority, and the idea that children’s basic right to liberty is in abeyance until some degree of maturation has occurred. (Or at least until they get big enough to be useful as cannon fodder.)  Very young kids have effectively no liberty, and as they get older they gradually get more autonomy until at some magic point they morph into adults and become free to go to hell in their own way, just like all of us.

    I have voiced the opinion that encouraging, or even allowing, children to take puberty blockers, or cross sex hormone treatments, is blatant child abuse.  Puberty blockers have permanent effects and the idea that prepubescent kids are developed enough to make permanent decisions, or even to decide that they are transgendered, as opposed to simply homosexual, or just unsure about their sexuality, is nonsense.  

    By definition, prepubescent kids are not sexually developed.  It is the rankest prejudice to say, “Oh, I know little Johnny is gay, or straight, or transgendered,” when little Johnny hasn’t hit puberty.  Manifestly all you can be basing that belief on are your stereotypes about how gay people, or straight people act. You see, prepubescents aren’t supposed to be engaged in sexual behavior (sorry OMWC), and sexual behavior is what actually defines you as gay, straight, bi or whatever the hell, and no, playing with dolls doesn’t mean little Johnny is gay, or a woman.

    Now, child abuse is a tough subject for libertarians and conservatives.  We can accept that children don’t have full autonomy, and default to the idea that therefore their autonomy devolves to the parents.  Since that leaves the parents effectively owning the liberty right of the child, we are skeptical about government involvement, but what about abuse situations?  If libertarian belief followed all the way left us with no way to stop parents from torturing, raping, or killing their kids, then libertarians would really be as evil as Vox says.  Fortunately, libertarian philosophy doesn’t have to take us there.  

    I think what saves us is the concept of a fiduciary.  Parents do own their children’s liberty rights, but they own them as fiduciaries.  In other words, they hold the right for the benefit of the child, not the parent’s own benefit, and Mommy and Daddy have a corresponding obligation to act in little Johnny’s interest.  So, no problem right?  If using puberty blockers is a bad idea, poorly justified, by inadequate evidence, ofpossibly nonsensical, gender confusion, with long term deleterious effects, then it is child abuse and should be illegal, just like any other permanent physical harm inflicted!

    That has been my belief and I have voiced it frequently.  Here is the problem:

    I support the right of crazy anti-vaxxers to refuse to get their kids shots.  I also got furious, along with most of the people here about Charlie Gard.  In other words I believe that medical decisions fall squarely within the parent’s role.  So, despite thinking transgender treatments for children are as stupid as the Flat Earth Society bragging that they now have chapters around the globe, and as evil as a Broward County election supervisor, I have to support the parent’s right to make this decision.  

    So, that leaves me with three possibilities:

    1.  Medical decisions must be subject to some test and the parents only get to make the ‘right’ decisions.

    The problem here is obvious.  What test?  Who decides?  Doctors? Judges? Every single case of puberty blockers being given involved a doctor, as did the decision to kill Charlie, which was upheld by the British courts.  So going this route doesn’t get me EITHER side of what I want.  When an answer requires the right top men, it is not a libertarian idea

    2.  Puberty Blockers are up to the parents and child, hopefully in consultation with doctors across a decent spectrum of understanding of the consequences, and I can sit quietly disapproving but shut up about it.

    3.  My thought process sucks and you all will let me know why I am stupid in the comments.

    Much as it pisses me off, I have to go with 2 here.  The unexamined life may not be worth living; but examining it mostly leaves you feeling a bit dirty.

  • Parsing Proposals for Fun and Freedom

     

    Whenever someone proposes a course of action the first thing you need to do, before you can act on the proposal, before you can even decide whether you agree with the proposal, is to understand the proposal.  This seems so obvious that no one could ever dispute it, but it involves thought, so it frequently happens in our personal lives and seldom happens in politics.  We will get to politics eventually and try to understand how this basic human ability to understand and evaluate proposals completely falls apart in the public sphere, but first how does it actually work?

    Let’s look at a personal life example: Chip walks up to Jose and says “Jose old chum, I have had a thought, I would enjoy your company at a Venezuelan feminist cooperative vineyard’s, artisanal, non-GMO, gluten free, fair trade wine tasting this Saturday, would you like to come?” (Chip is WokeAF™)

    Jose, can you see?

    What is Jose to do?

    First Jose parses the words.  This happens rapidly, but does involve a surprising amount of cognition.

    Jose old chum,

    (Ok, I am in fact Jose)

    I have had a thought,

    (Ok, Chip is a douche)

    I would enjoy your company at a

    (I am not really fond of Chip, and suspect he is only asking me because he thinks he gets WokeAF™ points because my skin is darker than his, so my inclination is to say no, but maybe the event will be enjoyable)

    Here in the cognitive process Jose skips ahead past the adjectives to the underlying event, he will return to the adjectives, but they can’t fulfill their descriptive purpose without an object.

    wine tasting

    (I like wine)

    this Saturday

    (My Mother in law is visiting this weekend, so maybe this is a good plan)

    Now Jose gets around to the adjectives.

    Venezuelan

    (I am Honduran by birth, came to the US to work hard and improve my lot and therefore have neither a sentimental attachment to Venezuela, nor a desire to ‘virtue signal’ by supporting a communist dictatorship)

    feminist cooperative vineyard’s

    Dissonance begins as Jose struggles to understand the relevance of this adjectival phrase to a subject that seems unrelated to sexual politics, or the ownership structure of the vineyard.

    (WTF?)

    artisanal

    Dissonance increases for another reason.

    (Yeah, kind of guessed we weren’t going to be tasting factory wine.  Is that even a thing?)

    non-GMO,

    As mentioned previously, Jose likes wine, and is aware that oenoculture has involved hybridizing, genetic selection and other methods of modifying the basic grape for more millennia than humanity has been writing things down.

    (Bull)

     gluten free,

    (Ok so if the wine is fortified with spirits they aren’t wheat or barley based I guess?)

    fair trade

    As Jose is not mentally retarded, nor does he huff his own farts, these words float past him and have no impact on the decision; they are semantically null.

    Jose has now understood the proposal:  He is invited to spend Saturday with Chip, who is extremely annoying.  There will be wine which Jose enjoys, stupidity, which Jose does not enjoy, pretension which may provide amusement, and finally, escape from a day of listening to his Mother in law.  He weighs the pros and cons and reaches a decision:

    “Sure Chip, sounds great, what time?”

    Jose’s Mother-in-Law enjoys giving her daughter advice about how to improve Jose.  She does this loudly and in Jose’s presence.  Jose would likely have agreed to attend a Nazi Mime performance rather than stay home this Saturday.  He has heard a proposal, thoroughly understood it, evaluated the obvious effects, considered alternatives, and reached a rational decision.  Reason has triumphed and liberty has produced a minuscule increase in happiness!

     

    Now let’s look at how this works in Politics:

    A Grassroots Movement (the good kind with talking points and paid protesters courtesy of The Open Society Foundation, not the bad kind made up of lots of deplorable who come together because they are wrong about an issue) proposes a new law banning Assault Rifles.   Their stated reason for this law is that Assault Rifles are used to commit mass killings, and we need to do something to stop the killing of schoolchildren.

    For the purposes of this essay let’s not spend time on the question of what Assault Rifle means.  Pretend it is actually a thing, because while the definition is not available now, and will no doubt end up making no sense from a functional standpoint, the proponents will come up with some set of characteristics for their ban.  We will also use a simplified, made up proposal rather than the text of any actual bill because otherwise no one except lawyers will read any further.  And not even the lawyers will understand everything that is included.  Instead let’s try to understand and evaluate the really scary, dangerous thing in this proposal; no, not the rifles, they are not nearly as scary as A NEW LAW!

    To understand the proposal obviously means to understand what the proposed law does.  The proponents have stated that their goal is to stop the mass killing of schoolchildren.  That is a goal every human, with the possible exception of Peter Singer, agrees is worthy.  Does the law actually do this?  What does this law do?  Well to answer that we have to consider what any law does, and how it does it.

    Historically the law was divided into two parts. The Criminal Law, which acted by inflicting punishment on those who were guilty, and the Civil Law, which acted as rules by which to judge private disputes, determine liability and assess some form of redress.  Modern legislators, following the lead of Academic Lawyers[1] , dispensed with the formal division into separate codes, and as a result (probably the point of the change) have blurred the distinction between guilt and liability.  With the proposal here we are dealing with the Criminal Law.

    The Criminal Law acts by imposing a punishment for some act.  In the case of a proposed new law there are only two possible ways it can have any effect.  It can provide a penalty for some behavior that was previously innocent, or it can alter (increase, decrease, change in kind, or eliminate) the penalty for some behavior that was already criminal.  So what does our hypothetical proposed law do?

    Per the text made up for this essay:

    It bans the ownership of AssaultRifles™ and provides jail terms of up to 5 years and fines of up to $50,000 per violation.

    Per the stated goal:

    It stops school shootings

    Per reality:

    It adds penalties for some newly criminalized acts, increases the penalties for some existing crimes, and has no effect on other existing crimes.

    Let’s look at what falls in each of these categories:

    1. Penalties for newly criminalized acts. This is the strongest effect of any new law.  Previously innocent conduct is made criminal.  People who were totally law abiding become criminals, which makes them subject to the massive power of the State.  The police can now seize them; their property can be forfeited; they can be imprisoned; if they resist they can be killed, all with perfect legality.

    By definition, only law abiding gun owners can possibly fall into this category.  So this law has its strongest effect on people who own an Assault Rifle, but do not use it to rob anyone (already criminal), assault anyone (already criminal), or kill anyone (already criminal).  Obviously this doesn’t get us to the stated goal of ending school shootings.

    1. Increased penalties for other criminal acts. This does not create new criminals, instead it changes the degree or type of punishment imposed on existing criminals. The hope is that changing the punishment will suddenly cause people, who have already shown that they ignore threats of punishment, to stop being criminals.

    This category may actually affect some criminals.  It adds another charge that can be applied to robbers who use Assault Rifles, thugs who assault others with Assault Rifles, and killers who murder with Assault Rifles.  So what effect can we hope for?

    5 years is a significant penalty, on a par with existing penalties for the most serious robberies and assaults,  and it is quite possible that the threat of an extra 5 years might deter a robber, or some thug from using Assault Rifles, but it probably won’t prevent them from committing the underlying crime.  A quick perusal of the record shows that Assault Rifles are seldom used in these crimes. Probably because Assault Rifles  are expensive, and frankly awkward to carry around.  So most likely the few criminals affected will simply do what the vast majority already do and use a different gun, or a knife.

    What about killers? The stated goal of the law seems to imply that it should affect killers.  Murder carries penalties ranging from 10 years on up to the death penalty.  It is possible, that an increase of 5 years might have some effect on those killers who might expect to be sentenced at the low end of the range.  15 years is more than 10 and maybe our hypothetical killer will think  “I’ll do 10 years to kill that #@$%^&, but I ain’t doing 15!”

    Of course the legally defining characteristic of killers who might expect to be sentenced at the low end is THAT THEY DID NOT PREMEDITATE THE KILLING!   So… not going to affect killers at all then?

    1. No effect

    And we finally work our way around to people who shoot up schools.  Mass shooters don’t get sentenced to 10 years.  If they survive the shooting itself, they get life without parole or the death penalty.  Adding another charge to the indictment cannot possibly deter school shooters.  Even the proponents of these laws understand this, they just gloss over the fact that illegal does not mean non-existent.  This is apparently a hard distinction to grasp.

    What is the difference between illegal (which is what a ban makes something) and non-existent (which only reality can make something)?  Consider an example that has a certain relevance to a discussion of a law that prohibits possession of an object.  Heroin is illegal; and despite being illegal, demonized in every form of communication, subjected to decades of massive law enforcement effort, having billions spent to eliminate it, and incidentally being highly poisonous, every city has neighborhoods full of people who use it daily.  Unicorns are non-existent and thus, despite being the epitome of adorableness, good in every way, beautiful, magical symbols of wonder and purity, there are none.

    So what is the result of our careful examination of what is actually being proposed?  It appears to be a proposal to make millions of law abiding citizens into criminals and to do absolutely nothing to stop mass killings.  By their fruits shall ye know them.  Gun bans of any sort are targeted at law abiding gun owners.  They have minimal effect on criminals and, in fact, even that minimal effect decreases as the seriousness of the crime increases.  They simply cannot prevent mass killings.

     

    [1] a group of people who have done as much for the cause of liberty and justice as Pol Pot or Stalin