The urge to save humanity is almost always a false front for the urge to rule. – H.L. Mencken
The urge to save humanity is almost always a false front for the urge to rule. – H.L. Mencken
LawGroping Towards TotalitarianismPosted by Chris Leithner on 15th May 2011 4:36amIn the name of public safety, everybody at airports will be groped: the elderly, women and children. Speaking of the “legality” of warrantless searches, judges in Indiana have “ruled that Indiana residents have no right to obstruct unlawful police incursions into their homes [italics added].” So never mind that state’s constitution, the 4th Amendment to the U.S. Constitution, the English Bill of Rights of 1688 and Magna Carta of 1215: in the name of “public policy,” the state’s agents can infringe the law “legally” and with impunity. “We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” wrote Justice Steven David.
Alone on his island, Robinson Crusoe can do whatever he pleases. For him, the question concerning rules of orderly human conduct — social cooperation — simply does not arise. This question can only arise once a second person, Friday, arrives on the island. Yet even then, the question remains largely irrelevant so long as no scarcity exists. Suppose the island is the Garden of Eden; all external goods are available in superabundance. They are "free goods," just as the air that we breathe is normally a "free" good. Whatever Crusoe does with these goods, his actions have no repercussions — neither with respect to his own future supply of such goods nor regarding the present or future supply of the same goods for Friday (and vice versa). Hence, it is impossible for there ever to be a conflict between Crusoe and Friday concerning the use of such goods. A conflict is only possible if goods are scarce. Only then will the need arise to formulate rules that make orderly, conflict-free social cooperation possible.
If you think about it, it is inherently implausible that the state could be an effective administrator of justice, for which there is a supply and demand like any other good. Shortages, inefficiencies, arbitrariness, and underlying chaos all around are going to be inherent in the attempt. Because we are dealing here with the meting out of coercion, we can add that inhumane treatment and outright cruelty are also likely to be an inherent part of the system.
Might these folks have something to offer the workplace? And might the young benefit from a bit of early work experience, too? Perhaps — but we'll never know, thanks to antiquated federal, state, and local laws that make it a crime to hire a kid. Pop culture accepts these laws as a normal part of national life, a means to forestall a Dickensian nightmare of sweat shops and the capitalist exploitation of children. It's time we rid ourselves of images of children tied to rug looms in the developing world. The kids I'm talking about are one of the most courted of all consumer sectors. Society wants them to consume, but law forbids them to produce. |
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