<?xml version="1.0" encoding="UTF-8" ?>
<?xml-stylesheet type="text/xsl" href="http://mises.org/Community/utility/FeedStylesheets/rss.xsl" media="screen"?><rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" xmlns:wfw="http://wellformedweb.org/CommentAPI/"><channel><title>Brainpolice : Crime and Punishment, Prohibition</title><link>http://mises.org/Community/blogs/brainpolice/archive/tags/Crime+and+Punishment/Prohibition/default.aspx</link><description>Tags: Crime and Punishment, Prohibition</description><dc:language>en</dc:language><generator>CommunityServer 2008.5 SP2 (Build: 40407.4157)</generator><item><title>Objects Are Morally Neutral</title><link>http://mises.org/Community/blogs/brainpolice/archive/2008/07/17/objects-are-morally-neutral.aspx</link><pubDate>Thu, 17 Jul 2008 09:45:00 GMT</pubDate><guid isPermaLink="false">944abf2b-d1be-4bf2-990d-438cb0e377e9:42205</guid><dc:creator>Brainpolice</dc:creator><slash:comments>0</slash:comments><wfw:commentRss xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/rsscomments.aspx?PostID=42205</wfw:commentRss><wfw:comment xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/commentapi.aspx?PostID=42205</wfw:comment><comments>http://mises.org/Community/blogs/brainpolice/archive/2008/07/17/objects-are-morally-neutral.aspx#comments</comments><description>&lt;p&gt;I&amp;#39;ve always been a stickler for the notion that objects are morally neutral. This notion usually comes to play in debates about gun prohibition, to counter people essentially claiming that guns are causal determinant for violence in and of themselves, but of course they truly&amp;nbsp;aren&amp;#39;t causal determinants, only instrumental means. A gun can be used to murder someone or to defend someone from an attempted&amp;nbsp;murderer.&amp;nbsp;In either case, the moral neutrality of objects has implications more far reaching than the issue of gun control. For example, there is the idea among some people that money is the root of all evil, but money is only a means and object that one can use for a plethora of purposes, both good and bad. &lt;/p&gt;
&lt;p&gt;In the case of both the gun prohibitionist and the &amp;quot;anti-monetarist&amp;quot;, an object is claimed to be intrinsically and absolutely&amp;nbsp;evil merely because sometimes certain people may use them towards negative&amp;nbsp;ends, and the abolition of the object is proposed as a solution. The problem is that no such intrinsic value exists in such objects, and morality judges actions, not tools. There is nothing about such tools in and of themselves that can be rationally assigned with moral properties. What matters from the perspective of morality are the actions that people engage in while using such objects. While the nature of an object may certainly be to facilitate a particular end, it is only the end in question and the way in which the object is used that can be morally judged, not the object itself. &lt;/p&gt;
&lt;p&gt;Some may nitpick and try to find acceptions to the rule by pointing to something such as nuclear weaponry, which can function for nothing but mass destruction. But once again it would not be the mere existance of the object itself that can constitute immorality, it would be the decision of an individual to make offensive use of them. Isolated from any decision on the part of people and interaction between people and the object, the object has no moral significance whatsoever. Personally, in an ideal world I&amp;#39;d like all nuclear weapons to be jettison into the sun. Of course, I don&amp;#39;t except that to happen. But all the same my own weariness about nuclear weapons does not stem from a moral condemnation of the object itself, but an awareness of the general danger of the object itself when used by human beings. &lt;/p&gt;
&lt;p&gt;The moral condemnation of objects would seem to naturally lead towards primitivism the more consistantly that one applies it. What is contemporary industrial civilization but the extensive use of objects for the purposes of mass-production to appease human needs and wants? Instead of opposing power or institutional frameworks or bad ideas, the neo-luddite puts all of their energy into opposing objects, tools, instruments. They misplace blame entirely, effectively ignoring the role of individual action. They only emphasize the negative possibilities for how objects can be used while acting as if they have no positive use. &lt;/p&gt;
&lt;p&gt;It should be fairly obvious why objects cannot be assigned with moral properties. Objects are not moral agents, they do not have conciousness or willpower, they do not think or act. A rock cannot be blamed for anything, it makes no sense to assign responsibilities to it. A rock can only be an instrumental tool for something that one can blame a human being for. It is possible for a rock to be thrown at someone to harm them, and it just as possible that a rock can be turned into a statue or carving or used to build a building. Indeed, treating objects as moral agents leads to absurdity, as such objects would have to be regaurded as if they were human beings. Surely one doesn&amp;#39;t want to end up&amp;nbsp;at the reductio ad absurdum of arresting&amp;nbsp;objects for disturbing the peace. &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;&lt;img src="http://mises.org/Community/aggbug.aspx?PostID=42205" width="1" height="1"&gt;</description><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Ethics/default.aspx">Ethics</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Philosophy/default.aspx">Philosophy</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Prohibition/default.aspx">Prohibition</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Crime+and+Punishment/default.aspx">Crime and Punishment</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Primitivism/default.aspx">Primitivism</category></item><item><title>The Myth of "The Rule of Law"</title><link>http://mises.org/Community/blogs/brainpolice/archive/2008/04/28/the-myth-of-quot-the-rule-of-law-quot.aspx</link><pubDate>Mon, 28 Apr 2008 09:43:00 GMT</pubDate><guid isPermaLink="false">944abf2b-d1be-4bf2-990d-438cb0e377e9:29493</guid><dc:creator>Brainpolice</dc:creator><slash:comments>257</slash:comments><wfw:commentRss xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/rsscomments.aspx?PostID=29493</wfw:commentRss><wfw:comment xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/commentapi.aspx?PostID=29493</wfw:comment><comments>http://mises.org/Community/blogs/brainpolice/archive/2008/04/28/the-myth-of-quot-the-rule-of-law-quot.aspx#comments</comments><description>&lt;p&gt;The theory of a republic is essentially that, in contrast to democracy in which there is tyranny of the majority and in contrast to monarchy in which there is the rule of a single man or oligarchy, the law itself is what rules rather than men. In essence, a republic is supposed to be a model for government that avoids being both both democracy and monarchy, and allegedly&amp;nbsp;replaces the adminstration of men over men with the adminstration of the law itself over men. In a republic, the law is supposed to restrain the lay public from creating tyranny of the majority&amp;nbsp;(I.E. a democracy) and simultaneously restrain the institutional agents of the state from functioning as&amp;nbsp;an elite&amp;nbsp;of&amp;nbsp;rulers imposing their will on the lay public (I.E. an oligarchy). &lt;/p&gt;
&lt;p&gt;But a basic understanding of how human beings work and a&amp;nbsp;rational analysis of how the state functions as an institution, including so-called republics, renders this theory of government as a rather blatant&amp;nbsp;absurdity. How can a law be self-enforcing? By definition, a governmental law is drafted by men and must be enforced by men. No political system can escape the rule of men, for all political systems are created and run by men. At the same time, no political system is the result of the decisions of everyone within a society, for at a fundamental level all political systems are oligarchies in which a small percentage of the overall population are those with direct control over the state apparatus, those who actually make and enforce the laws. &lt;/p&gt;
&lt;p&gt;The absurdity of the notion that a piece of paper with words on it in and of itself will fatalistically or pre-emptively stop human beings (including those within the state apparatus itself)&amp;nbsp;from engaging in certain actions should be rather obvious. In terms of the lay public, they may theoretically engage in such actions anyways and their actions may be rather unpredictable. A piece of paper isn&amp;#39;t going to restrain a mob. And in terms of those within the state apparatus themselves, they have most leeway of all in the matter, for it is ultimately they who make the laws and may choose to enforce or not enforce them. Since they are not really bound by any higher external 3rd party institution, they may theoretically function in a lawless manner. The law maker is effectively and seemingly paradoxically &amp;quot;above the law&amp;quot;. For since they have a monopoly on law, they may theoretically&amp;nbsp;interpret it and defy it as they please.&amp;nbsp;The law&amp;nbsp;is not binding on them. Rather, the law&amp;#39;s content and applicability is actually bound to their whims as the ones with power. &lt;/p&gt;
&lt;p&gt;So it would seem that an attempt at a republic will always reduce to some kind of oligarchy, most likely a representative democracy with a constitution. The constitution is merely an additional feature of the democracy that is meant to restrain both the people and the government. Except&amp;nbsp;a constitution cannot really be effective in any consistant or long-term sense. It will not fatalistically restrain institutional agents of the state from using power and the lay public from engaging in majoritarian or mob behavior. As the decades and centuries pass, it becomes less and less meaningful and effective as a society evolves (or devolves). At best, it functions as a lame rationale to provide legitimacy to the state while its alleged function as a restraint is rendered meaningless by the ability of the state&amp;#39;s institutional agents to exercise their&amp;nbsp;power. A constitution does nothing to actually restrain or take away the oppurtunity or ability for institutional agents of the state&amp;nbsp;to use power.&lt;/p&gt;
&lt;p&gt;The notion of the rule of law would only make sense if the state was an entity external to human interaction, as if it were not made up of human beings but was enforced through some natural or supernatural mechanism. But the state is quite clearly created and administered by acting human beings. It is not some sort of intrinsic mechanism of nature that functions independantly of human action, or the result of the will of some deity. The only laws that can be said to rule all on their own irrespective of men are natural laws. But natural law is not something that political systems are based on, as political systems are the synthetic creations of men. At best, natural law is an independant standard of justice&amp;nbsp;that currently existing political systems may be held up to and discredited with. While some early natural law theories were used to legitimize states, a properly formed and applied natural law theory can only be used to delegitimize states. &lt;/p&gt;
&lt;p&gt;There is good reason to be quite skeptical towards the effectiveness of governmentally created laws to begin with. Not only is it absurd to propose that laws can rule on on their own, but the ability of human beings to enforce them is quite limited due to a certain factor of unpredictability in the behavior of human beings. That is, the mere existance of a law illegalizing certain actions and even the existance of an institutional apparatus that attempts to have humans enforce such a law and&amp;nbsp;threatens punishment for defying it does not gaurantee that people will not in fact defy the law and&amp;nbsp;that people will not in fact get away with defying the law. While this has obvious&amp;nbsp;implications with respect to laws prohibiting economic interactions (which are miserable failures in light of their own alleged goals),&amp;nbsp;it is even true&amp;nbsp;with respect to&amp;nbsp;laws against basics that everyone pretty much agrees are wrong like murder, rape and theft. &lt;/p&gt;
&lt;p&gt;The&amp;nbsp;notion that most people generally don&amp;#39;t murder, rape and steal either solely or primarily because there is a governmental law against them&amp;nbsp;is rather absurd if one accepts the premise of&amp;nbsp;free will (at least some kind of compatibalism). The existance of a governmental law in and of itself is not the cause of good or ethical&amp;nbsp;behavior, and some people do engage in the shunned actions in question despite the existance of a law against it. If someone is truly determined to engage in such an action, they are going to do it regaurdless of whether or not there is a governmental law against it. Criminals are criminals precisely because they have an extremely&amp;nbsp;high time preferance, I.E. they want what they want now regaurdless of potential negative consequences that may come about in the future. If someone does not engage in such an action, it is mostly likely primarily&amp;nbsp;because they themselves find it ethically impermissable. Social convention itself, combined with the natural incentives towards social cooperation, is the primary reason why most people tend to generally be peaceful in interpersonal relations.&lt;/p&gt;
&lt;p&gt;In a fundamental sense, a society truly cannot be planned or socially engineered in the long-run, even by laws. A society is the sum total of interactions between the individuals that make it up, and such interpersonal relations are so complex and diverse that it would be impossible for a single individual or organization to truly predict and absolutely control their behavior. No human being or group of human beings has the mental capacity, let alone the physical ability, to deterministically control and pre-empt the behavior of everyone within a society. They would have to be omniscient to do so. The mere fact that one can only be at one place at one time renders any attempt to efficiently&amp;nbsp;exercise such control ridiculous and pointless. So&amp;nbsp;it could be said that&amp;nbsp;all government is fortunately limited by definition, limited&amp;nbsp;by the natural limits of human ability and the unpredictability and diversity of human behavior. &lt;/p&gt;
&lt;p&gt;Quite clearly, the law is not something worthy of putting much of one&amp;#39;s faith in, even with good intentions. &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;&lt;img src="http://mises.org/Community/aggbug.aspx?PostID=29493" width="1" height="1"&gt;</description><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Determinism/default.aspx">Determinism</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/The+Calculation+Problem/default.aspx">The Calculation Problem</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Democracy/default.aspx">Democracy</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Constitution/default.aspx">Constitution</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Social+Contract/default.aspx">Social Contract</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Human+Nature/default.aspx">Human Nature</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Prohibition/default.aspx">Prohibition</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Crime+and+Punishment/default.aspx">Crime and Punishment</category></item></channel></rss>