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Ambient Hurricanes View Drop Down
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Direct Link To This Post Posted: June 19 2013 at 10:59
Originally posted by Gerinski Gerinski wrote:

Originally posted by Ambient Hurricanes Ambient Hurricanes wrote:

^I like how we all posted the same response at the same time LOL

I too, Gerard, understood what you meant originally.
Thank god I did not create some big misunderstandings! Embarrassed
Maybe I should refer to as 'Republican' for what I mean as 'European liberal'? or simply 'capitalist'?


Please not republican LOL

"Libertarian" will do just fine; or maybe "fiscal conservative" or "capitalist" like you mentioned if you want to include a broader group of people.
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Direct Link To This Post Posted: June 19 2013 at 11:00
Originally posted by Epignosis Epignosis wrote:

Originally posted by Gerinski Gerinski wrote:

You will have still conflicts (why wouldn't you?), your judges will get very busy and gradually they will generate judisprudence and that will eventually become new law.



This is how things are now for us.
This is how things are everywhere. It's an endless refining and fine-tuning, because although laws are defined, it is human nature to try to find a back door to them, so judges still have to generate judisprudence and when that new conflict gets repeated enough times it calls for a new law. And of course new technologies and lifestyles emerge which are not covered by previous laws so new laws need to be laid down for them.
It's only natural, the world evolves, it gets more complex, it requires more and new laws.
If you dream of a world with less laws then you again seem to dream for a simpler world, wanting to live again like in the middle ages when trade could be agreed between you and me. 
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Direct Link To This Post Posted: June 19 2013 at 11:06
Originally posted by Gerinski Gerinski wrote:

Laws are simply an attempt to minimizing conflicts (preventing them from happening in the first place) and, in the event that they still happen, make their resolution possible or at least easier and following some common logic.
Without laws conflicts arise, and judges have to deal with them (unless you allow settling conflicts by brutal force).
Repeated conflicts of similar nature create judisprudence.
At some point the gvmt concludes that it's best to turn judisprudence into law, so that citizens know in advance what the rules of the game are and what will a judge sentence in case they incur in a conflict of that sort.
What's wrong with that?
You propose to cut the current laws down. You will have still conflicts (why wouldn't you?), your judges will get very busy and gradually they will generate judisprudence and that will eventually become new law.
Why wanting to re-run history?


Because the laws we have now are unjust and go beyond the proper boundaries of law.

Law should deal merely with two general principles: 1. Do all you have agreed to do and 2. Do not encroach upon other persons and their property (I got those from Richard Maybury by the way, who has written some works on economics and law that are so clear and lucid that a seventh-grader can understand them and so insightful that many economists could learn from them).  Of course, every legal system has case law, which applies these principles to specific instances.  I have no problem with that.  The issue I have is when laws, as they do now, break outside the boundaries of these principles and then become multiplied ad infinitum until the government is in control of the most minute parts of our lives.  That's what's happening now and I want to stop it now.
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Equality 7-2521 View Drop Down
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Direct Link To This Post Posted: June 19 2013 at 11:06
"One had to be a Newton to notice that the moon is falling, when everyone sees that it doesn't fall. "
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Direct Link To This Post Posted: June 19 2013 at 12:30
Originally posted by Ambient Hurricanes Ambient Hurricanes wrote:

 
Law should deal merely with two general principles: 1. Do all you have agreed to do and 2. Do not encroach upon other persons and their property (I got those from Richard Maybury by the way, who has written some works on economics and law that are so clear and lucid that a seventh-grader can understand them and so insightful that many economists could learn from them).  Of course, every legal system has case law, which applies these principles to specific instances.  I have no problem with that.  The issue I have is when laws, as they do now, break outside the boundaries of these principles and then become multiplied ad infinitum until the government is in control of the most minute parts of our lives.  That's what's happening now and I want to stop it now.
Again, it's just a matter of necessary efficiency for dealing with the modern world, perhaps those 2 principles were enough 300 years ago, but we are in the 21st century, the world has become extremely complex, you can't expect to manage the extremely complex modern world interactions applying just those 2 principles without any lower-level laws, you would need as many lawyers and judges as inhabitants to deal with all the sorts of conflicts that arise in real modern-world life (without precise lower-lever laws as we have them, the number of conflicts would be unbelievably many more than we do actually have).

As we progress in the debate, my diagnostic at this moment is that you libertarians have trouble with 2 fundamental issues:
1) democracy: you do not accept the principle that majorities can decide for the whole of the population
2) the increasing complexity of the modern world: you would like to return to some 'back to basics' as it was possible 300 years ago when interpersonal and intercultural relations were rather simple and could be dealt with following rather simple principles and based on person-to-person agreements.

But like it or not, reality is that both items are extremely difficult to evade. Unless you accept democracy a huge load of issues arise (unless you deny the existence of social interactions and go each family back to your cave, or accept being ruled by an omnipotent leader), and the fact that the world is more complex now than 300 years ago is also rather unavoidable, unless as I mentioned before, you choose for going live in an Amish community.

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Direct Link To This Post Posted: June 19 2013 at 12:33
Originally posted by Epignosis Epignosis wrote:

Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:

Originally posted by thellama73 thellama73 wrote:

I don't think other security firms would like your army establishing itself as above the law.

The law? What law? How come there is a law when there is no government? Did everybody agree on that law?



Libertarianism =/= no law.

There have been civilizations throughout history with laws but no government (and that doesn't make them Libertarian civilizations either).

If a law is neither universally agreed upon nor universally enforced (neither of which happens in a libertarian society), what good is it? You could break it without any negative consequences.
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Direct Link To This Post Posted: June 19 2013 at 12:41
Originally posted by Equality 7-2521 Equality 7-2521 wrote:

Government crushing competition to protect its privileged massive firms. 
I agree with you here, if the business model the guys propose does not break any law or regulation, nobody should stop them.
Again, the fact that public administrations / governments are not always fair in their decisions does not mean that eliminating them would solve anything.
You think some political decision is unfair? fine, call up a demonstration on facebook and twitter and get the population to express their opinion in front of their city halls. We need to learn to express more what we think, in a peaceful but determined way. I believe that governments can only resist popular pressure up to a certain point. They need to care about their public image too, if the population maintains a certain pressure on them they have to adapt to it.
Now with the new technologies, we have never had it as easy as we do now, we have no excuse.

Edit: well, the sensibility of the government should presumably depend on how many people demonstrate in front of the city halls, but since some of you libertarians don't believe in democracy, if your government is libertarian it may not work at all, they may argue that majority of opinion is no reason for applying a policy change.


Edited by Gerinski - June 19 2013 at 13:51
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Direct Link To This Post Posted: June 19 2013 at 13:24
Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:

Originally posted by Epignosis Epignosis wrote:

Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:

Originally posted by thellama73 thellama73 wrote:

I don't think other security firms would like your army establishing itself as above the law.

The law? What law? How come there is a law when there is no government? Did everybody agree on that law?



Libertarianism =/= no law.

There have been civilizations throughout history with laws but no government (and that doesn't make them Libertarian civilizations either).

If a law is neither universally agreed upon nor universally enforced (neither of which happens in a libertarian society), what good is it? You could break it without any negative consequences.


Where do you get this?
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Direct Link To This Post Posted: June 19 2013 at 13:29
Originally posted by Epignosis Epignosis wrote:

Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:

Originally posted by Epignosis Epignosis wrote:

Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:

Originally posted by thellama73 thellama73 wrote:

I don't think other security firms would like your army establishing itself as above the law.

The law? What law? How come there is a law when there is no government? Did everybody agree on that law?



Libertarianism =/= no law.

There have been civilizations throughout history with laws but no government (and that doesn't make them Libertarian civilizations either).

If a law is neither universally agreed upon nor universally enforced (neither of which happens in a libertarian society), what good is it? You could break it without any negative consequences.


Where do you get this?

Get what exactly? That it's not universally agreed upon and enforced, or that you could break it without any negative consequences?
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Direct Link To This Post Posted: June 19 2013 at 13:30
Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:

Originally posted by Epignosis Epignosis wrote:

Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:

Originally posted by thellama73 thellama73 wrote:

I don't think other security firms would like your army establishing itself as above the law.

The law? What law? How come there is a law when there is no government? Did everybody agree on that law?



Libertarianism =/= no law.

There have been civilizations throughout history with laws but no government (and that doesn't make them Libertarian civilizations either).

If a law is neither universally agreed upon nor universally enforced (neither of which happens in a libertarian society), what good is it? You could break it without any negative consequences.


o the best of my knowledge, laws are not universally agreed upon nor universally enforced now.

What happens when two countries with different laws have a dispute over a point of law? Typically there is a mediation process and a compromise is reached. This could easily happen between private security firms, and once the firms had been established and some precedent had been set, it would not be time consuming or inefficient.
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Direct Link To This Post Posted: June 19 2013 at 13:59
Originally posted by thellama73 thellama73 wrote:

o the best of my knowledge, laws are not universally agreed upon nor universally enforced now.

Within the scope of a single state, they are. You need to make two caveats here though: "Agreeing" in this context doesn't mean that you agree the law should exist, only that it does and that it is indeed law. You can't pretend it doesn't apply to you, because you know it does. As for universal enforcement, there are certainly situations where laws aren't properly enforced because law enforcement is never perfect, but that's a technical flaw, not a systemic one. If the law enforcement is of any quality, we can assume that it's nearly universal.

Now if you go outside the scope of that state and look at the interaction of different states, obviously the law is no longer universally agreed upon or universally enforced, but that should be obvious: It no longer applies on that level anyway. If we had a global "superstate", including an international law that all states agreed upon and international law enforcement, my statement would hold true for that state as well. Is it only because the world is basically an anarchy on the supranational level that law and law enforcement are not entirely universal.

Originally posted by thellama73 thellama73 wrote:

What happens when two countries with different laws have a dispute over a point of law? Typically there is a mediation process and a compromise is reached. This could easily happen between private security firms, and once the firms had been established and some precedent had been set, it would not be time consuming or inefficient.

Look at the fragility of international relations in the world today. Count the number of international wars that are being conducted right now. Compare that with the amount of civil conflict in any state of decent stability. If there were no states, the number of global political players would skyrocket from 200+ to seven billion, and all of these would interact without any commonly agreed upon law. If they behave anything like states do now (which I believe they would, even though the individual stakes for each person would be much lower), the potential for conflict would increase immensely. Even in the best-case scenario, where people form large groups of roughly the same size as today's states, the situation would certainly not improve - it'd be exactly the same.


Edited by HarbouringTheSoul - June 19 2013 at 14:01
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Direct Link To This Post Posted: June 19 2013 at 14:01
Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:


Within the scope of a single state, they are.


This is demonstrably false. Come to my neighborhood and see if any law against drinking in public exists despite it being on the books.
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Direct Link To This Post Posted: June 19 2013 at 14:09
Originally posted by Equality 7-2521 Equality 7-2521 wrote:

Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:


Within the scope of a single state, they are.


This is demonstrably false. Come to my neighborhood and see if any law against drinking in public exists despite it being on the books.

You can't expect any law enforcement agency, whether public or private, to enforce a law if it isn't informed that the law is being broken. If somebody steals from you and you don't report it to the police (or, alternatively, your private law enforcement agency), you wouldn't expect them to prosecute the thief, would you? Same with the police. If nobody files charges, you can't expect the law to be enforced. If charges are indeed filed and ignored despite being valid, then the law enforcement agency isn't working like it should. In any system or lack thereof.


Edited by HarbouringTheSoul - June 19 2013 at 14:11
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Direct Link To This Post Posted: June 19 2013 at 14:19
Originally posted by Gerinski Gerinski wrote:

Originally posted by thellama73 thellama73 wrote:

Companies only become hyper-powerful because they have the government behind them. 
I would have sworn that it was the other way around, that companies could not influence the government unless they had become already highly powerful. I guess that the government's favours do not come for free?


I've been thinking about this. It seems like you are arguing that the government needs to exist to prevent companies from making money so that they cannot then use that money to lobby for government favors. That seems circular to me, in addition to the fact that you are now in the position of actively suppressing prosperity.
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Direct Link To This Post Posted: June 19 2013 at 14:28
Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:


You can't expect any law enforcement agency, whether public or private, to enforce a law if it isn't informed that the law is being broken. If somebody steals from you and you don't report it to the police (or, alternatively, your private law enforcement agency), you wouldn't expect them to prosecute the thief, would you? Same with the police. If nobody files charges, you can't expect the law to be enforced. If charges are indeed filed and ignored despite being valid, then the law enforcement agency isn't working like it should. In any system or lack thereof.


That's not my point. My point is that you can do it right in front of police. Your definition of law is just not representing what you want it to represent.
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Direct Link To This Post Posted: June 19 2013 at 14:31
Originally posted by thellama73 thellama73 wrote:

Originally posted by Gerinski Gerinski wrote:

Originally posted by thellama73 thellama73 wrote:

Companies only become hyper-powerful because they have the government behind them. 
I would have sworn that it was the other way around, that companies could not influence the government unless they had become already highly powerful. I guess that the government's favours do not come for free?


I've been thinking about this. It seems like you are arguing that the government needs to exist to prevent companies from making money so that they cannot then use that money to lobby for government favors. That seems circular to me, in addition to the fact that you are now in the position of actively suppressing prosperity.
Question sorry I don't have any idea what you are talking about. Companies (and individuals) are allowed to make money. Governments should be impartially governing the collective workings of the society so that the relationships between individuals and/or companies follow the collectively agreed codes of conduct.
I really don't know what you are talking about.
Sure, when a company gets very highly powerful, if may get the opportunity to influence the government for its benefit. This is simple power dynamics. We just need to enforce laws and regulations in order to make sure that such practices are not legal.

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Direct Link To This Post Posted: June 19 2013 at 14:33
Originally posted by thellama73 thellama73 wrote:

Originally posted by Gerinski Gerinski wrote:

Originally posted by thellama73 thellama73 wrote:

Companies only become hyper-powerful because they have the government behind them. 
I would have sworn that it was the other way around, that companies could not influence the government unless they had become already highly powerful. I guess that the government's favours do not come for free?


I've been thinking about this. It seems like you are arguing that the government needs to exist to prevent companies from making money so that they cannot then use that money to lobby for government favors. That seems circular to me, in addition to the fact that you are now in the position of actively suppressing prosperity.
 
 
Gerinski is actually kinda proving our point.
The libertarian claim is that big business will use government (who may even be well intentioned) to serve their interests. And this is what you are saying basically. That once companies become big, they can influence the government. You're right...the sub shop on my corner can't influence the federal government but Goldman Sachs certainly can.
 
That being said, your bias against markets is showing, we all are really saying the same thing...just arguing over fine details.
You are literally saying what we do, that a big company will try to influence government.
All we try to say is that 1: with lesser government there is less of the actual tool 2: in a true free market there would be other companies competing and no laws to protect them.
 
So yeah, you and us are saying the same thing. But as llama said you are being kinda circular in saying they must get big to gain protection and that is the problem, while we say the problem is the protection is given at all.
Ironically, in my ideal world I'd like to have some way of preventing companies from getting super huge via mergers, but there's just no real way to write such a law/get in to pass.


Edited by JJLehto - June 19 2013 at 14:47
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Direct Link To This Post Posted: June 19 2013 at 14:42
Originally posted by Gerinski Gerinski wrote:

. We just need to enforce laws and regulations in order to make sure that such practices are not legal.

 
Correct, in an ideal world.
Sadly we don't live in one.
 
Not you, but in general, I've seen how libertarians are "crazed idealists" but its big government liberals that always say "well we need the right government" "good regulation" "enforcement" and basically the "right" people in charge "good" ones with the best interst in society.
 
That doesn't seem idealistic?
Its a fine argument, it really is, but look at reality? We have regulations, they are rarely fully enforced or even followed. I saw Wubya get flak for appointing "hands off" people to so many posts including the SEC, but what can ya do about that?
Or one talking head that said "the BP incident was even worse than we think because the rules and regulations ARE there, just weren't followed"  so what can you do there??
 
I used to say the same things you do, but I just realized they dont happen. And I tried man, for years I racked my brain, I cant think of (or seen) a true, realistic answer of how to answer the question: how do we get the RIGHT government/people in there?
 
BTW we all keep thinking federal government, about the whole big business using them thing.
Small/local businesses CAN also do it, just at smaller levels.
And don't think it's paranoia. I'm from northern NJLOL this area is FAMOUS for its awful corruption, and just a few decades ago there really were mafia/company/local government amorphous blobs. Straight outta the movies.
 
Even in Western, PA I know someone who flips parties and just works with whoever is in power to get deals with local businesses and line his pockets in the process. I've heard them discussing it when were chilling in a cigar den. Like, you can't make this upLOL
 
 


Edited by JJLehto - June 19 2013 at 14:44
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Direct Link To This Post Posted: June 19 2013 at 14:47
Originally posted by Equality 7-2521 Equality 7-2521 wrote:

Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:


You can't expect any law enforcement agency, whether public or private, to enforce a law if it isn't informed that the law is being broken. If somebody steals from you and you don't report it to the police (or, alternatively, your private law enforcement agency), you wouldn't expect them to prosecute the thief, would you? Same with the police. If nobody files charges, you can't expect the law to be enforced. If charges are indeed filed and ignored despite being valid, then the law enforcement agency isn't working like it should. In any system or lack thereof.


That's not my point. My point is that you can do it right in front of police. Your definition of law is just not representing what you want it to represent.

I don't know how it is where you live, but here the police don't just arrest people for petty offenses if they just happen to witness them. They're usually on their way to deal with something more serious. What I mean by universal law enforcement is that if somebody wants to see the law enforced (and expresses that interest), it's enforced. That doesn't necessarily mean the law is always enforced even when nobody cares. That is impractical.
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Direct Link To This Post Posted: June 19 2013 at 14:53
Originally posted by HarbouringTheSoul HarbouringTheSoul wrote:

What I mean by universal law enforcement is that if somebody wants to see the law enforced (and expresses that interest), it's enforced.


I don't know, it always seems like celebrities get a slap on the wrist for things that would land a black teenager in jail for 20 years. I don't call that universal enforcement.

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