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<?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 : Social Contract, Human Nature</title><link>http://mises.org/Community/blogs/brainpolice/archive/tags/Social+Contract/Human+Nature/default.aspx</link><description>Tags: Social Contract, Human Nature</description><dc:language>en</dc:language><generator>CommunityServer 2008.5 SP2 (Build: 40407.4157)</generator><item><title>Rejecting The Natural/Synthetic Dichotomy</title><link>http://mises.org/Community/blogs/brainpolice/archive/2008/10/11/rejecting-the-natural-synthetic-dichotomy.aspx</link><pubDate>Sat, 11 Oct 2008 14:34:00 GMT</pubDate><guid isPermaLink="false">944abf2b-d1be-4bf2-990d-438cb0e377e9:57766</guid><dc:creator>Brainpolice</dc:creator><slash:comments>506</slash:comments><wfw:commentRss xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/rsscomments.aspx?PostID=57766</wfw:commentRss><wfw:comment xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/commentapi.aspx?PostID=57766</wfw:comment><comments>http://mises.org/Community/blogs/brainpolice/archive/2008/10/11/rejecting-the-natural-synthetic-dichotomy.aspx#comments</comments><description>&lt;p&gt;I reject the natural/synthetic dichotomy. The natural/synthetic dichotomy is manifested in two fundamental ways: (1) the assumption that humans and/or human constructs are separate from nature and (2) the assumption that certain human constructs are &amp;quot;natural&amp;quot; while others are not. The problem with this dichotomy is that humans and their constructs are a part and product of nature; it is impossible for humans to step outside of the context of nature. Unless one wishes to posit a supernatural, all that exists or occurs is natural by default. Something that is not natural would be something that simply does not exist or occur at all. Hence, it makes no sense to speak of existing things or phenomenon as if they are not natural, or to defend or support a given thing or phenomenon by appealing to it being natural. &lt;/p&gt;
&lt;p&gt;Everything is natural, regaurdless of how common or rare it is, when it occurs or doesn&amp;#39;t occur, wether its beneficial or detrimental, good or bad, and so on. That which is natural, which is simply to say something that occurs or exists,&amp;nbsp;cannot be construed as being good or bad by mere virtue of being natural. Nature is morally neutral in this sense, because the mere existance of a thing or phenomenon in of itself does not signify value. In other words, nature does not have intrinsic value. Understood broadly, it simply is what it is. This is not to say that there is no purpose or merit to assigning value to certain phenomenon, but that its mere occurance is not what gives it value. For if that which is natural is inherently good or bad, then literally everything&amp;nbsp;must be assumed to be&amp;nbsp;inherently good or bad, and that is absurd.&lt;/p&gt;
&lt;p&gt;It&amp;#39;s also important to note that just because something is natural does not necessarily mean that it is universal, inevitable or permanent. Nature is not static, it is dynamic, which is to say that it is in a constant state of flux. That which is common in the present may very well be rendered obsolete and archiac in the future. It&amp;nbsp;can be quite&amp;nbsp;fallacious to appeal to phenomenon from the past as if it is representative of an inevitable future or to regaurd current phenomenon as if they&amp;nbsp;represent a permanent state of affairs. What once was natural can be rendered&amp;nbsp;non-existant over time, and what once was little more than a pipe dream can become &amp;quot;the natural order&amp;quot;. Appealing to the past as &amp;quot;natural&amp;quot; is simply a weak argument. The present and future is no less &amp;quot;natural&amp;quot; and the &amp;quot;naturalness&amp;quot; of things is really irrelevant. &lt;/p&gt;
&lt;p&gt;One way&amp;nbsp;in which the natural/synthetic dichotomy is manifested is in the arguementation of primitivists, anti-civilizationists and radical environmentalists.&amp;nbsp;The contemporary technology and extended division of labor produced by humans is demonized as &amp;quot;unnatural&amp;quot; while more primitive and &amp;quot;self-sufficient&amp;quot; ways of living are romantisized as &amp;quot;natural&amp;quot;. Human civilization is characterized as being inherently antagonistic with nature, and nature is assumed to have intrinsic value. Radically egalitarian philosophy makes use of the dichotomy as well, with egalitarianism being construed as &amp;quot;natural&amp;quot; while heirarchy is considered to be &amp;quot;unnatural&amp;quot;. Interestingly, primitive societies are often pointed to as examples of egalitarianism, even though a non-biased look at such societies likely reveals quite a bit of heirarchy.&lt;/p&gt;
&lt;p&gt;The natural/synthetic dichotomy is also manifested in conservative philosophy. Rigid class heirarchy, religious authority, familial authority, racism, nationalism, have been charactered as &amp;quot;the natural order&amp;quot; (with strong use of naturalistic language used to defend them), as if they are inevitable laws of nature and intrinsic authorities, and deviations from them are construed as synthetic attempts to produce a &amp;quot;new man&amp;quot;&amp;nbsp;in antagonism with nature. Conservative philosophy strongly appeals to tradition as being &amp;quot;natural&amp;quot;, and deviations from tradition such as homosexuality, secularism and multiculturalism are construed as &amp;quot;unnatural&amp;quot;. All of this could be said to stem from a pessemistic and archiac accessment of nature that lies at the heart of conservatism. &lt;/p&gt;
&lt;p&gt;Social contract theory and traditional statist apologetics&amp;nbsp;is riddled with the natural/synthetic dichotomy because it tends to construe centralized political organization as if it involves man exiting &amp;quot;the state of nature&amp;quot;, while at the same time there&amp;nbsp;is a very strong temptation to characterize the rise of centralizd&amp;nbsp;political organization as a &amp;quot;natural&amp;quot; phenomenon in the sense that is inevitable. Statism is construed as &amp;quot;the natural order&amp;quot; that inevitably arises from social organization. And statist politics is riddled with debate over precisely what kind of centralized political organization is the most &amp;quot;natural&amp;quot; or what the &amp;quot;natural progression&amp;quot; will lead to. Traditionally, anarchy is either brushed off as &amp;quot;unnatural&amp;quot; or is conflated with a primitivist &amp;quot;natural state&amp;quot; before centralized political organization took place.&lt;/p&gt;
&lt;p&gt;While these various types of social phenomenon and organization most certainly can be evaluated, wether or not they are &amp;quot;natural&amp;quot; is really irrelevant to such an evaluation, because they are all &amp;quot;natural&amp;quot; to the extent that they occur or exist at all. The natural/synthetic dichotomy is a misnomer that sidetracks from the real substantive debates that could take place.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;&lt;img src="http://mises.org/Community/aggbug.aspx?PostID=57766" width="1" height="1"&gt;</description><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Anarchism/default.aspx">Anarchism</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Racism/default.aspx">Racism</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Social+Evolution/default.aspx">Social Evolution</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/Religion/default.aspx">Religion</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Socialism/default.aspx">Socialism</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/Human+Nature/default.aspx">Human Nature</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/conservatism/default.aspx">conservatism</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Environmentalism/default.aspx">Environmentalism</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/History/default.aspx">History</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>