legislation

I delivered this speech in September 2012 for the 2012 Annual Meeting of the Property and Freedom Society in Bodrum, Turkey. The audio of my speech was corrupted due to a technical error, so I re-recorded a version of the speech (available for streaming and download below). For others, see the links in the Program, or the PFS Vimeo channel.

Play

The talk was largely based on two previous papers:

Update: see also Is English Common Law Libertarian?

(Powerpoint; PDF)

[PFS; SK]

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I was a guest on Jeff Berwick’s Anarchast (ep. 51, 36 min), released today. We discussed anarchy and how such a society might be reached; the basis and origin of law and property rights and its relationship to libertarian principles, and implications for legislation versus law and the legitimacy of intellectual property; also, utilitarianism, legal positivism, scientism, and logical positivism. Description from the Anarchist site below; MP3 download. For more background on IP, see the C4SIF Resources page; on legislation vs. private law, see The (State’s) Corruption of (Private) Law.

 

Anarchast Ep. 51 with Stephan Kinsella

Jeff Berwick in Acapulco, Mexico, talks with Stephan Kinsella in Houston, Texas

Topics include: [Keep reading…]

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If you receive an application for a position requiring a lot of driving or operating heavy machinery, and the applicant has a known history of alcohol or substance abuse, you’d probably be justified in turning the applicant down for the job, right?

You probably already know the answer to this, but: wrong.

A substitute bus driver for the Jefferson County, Colo., school district was cited for careless driving resulting in bodily harm after he struck three teenagers as they crossed the street on Tuesday.  The driver, David Shaw, was convicted of DUI in 1992 and according to friends had been in and out of alcohol abuse treatment as recently as 2009.

But even had the school district known this, they could not use it as grounds to terminate him, or even to make a hiring decision:

When asked whether Shaw would have been hired if the district had known he’d been in and out of addiction rehab treatment, a representative cited the American’s with Disabilities Act, which reads “‘It is illegal under state and federal disability laws to deny employment solely on the basis of a history of treatment for alcohol or substance abuse.”

Ignoring the DUI for the moment (which should have been caught in a background check), only the government could come up with employment policies which result in alcoholics driving schoolchildren around in buses.

It’s not that they shouldn’t be hired at all.  But the many-headed beast that is the Americans with Disabilities Act has made it virtually impossible to apply common sense when making hiring decisions.  And since the ADA has proved to be a potent legal weapon against businesses who have turned down or fired disabled workers, it has actually had the opposite effect it intended: employment of disabled workers have decreased steadily since passage of the ADA in 1989.  But as with most other anti-discrimination laws, merely suggesting that the ADA needs to be overhauled (or heavens forbid, repealed) makes one an enemy of the very group of people the law was intended (but failed) to protect.

More from another hater of disabled people, Cato’s Walter Olson, on the occasion of the ADA’s 20th anniversary.

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If a law currently up for vote in the Virginia House passes this week and is signed by Governor Bob McDonnell, it will require many women seeking an abortion to be raped.

No, you didn’t misread that.

The bill, which is similar to laws passed in seven other states, requires women to undergo an ultrasound procedure before an abortion is performed.  The ultrasound is not medically necessary; it has not even been rationalized as such by the bill’s defenders.  It is simply another tactic adopted by anti-abortion crusaders to humiliate women, in the hopes that they may change their mind about going through with the procedure.

But since most abortions are performed in the first trimester, and abdominal ultrasounds are not able to produce a clear image of the fetus in most cases, Virgina’s law mandates the use of transvaginal ultrasound – that is, a probe must be inserted in the women’s vagina to view the fetus.  Women cannot refuse this if they want to get an abortion, and the law does not allow for any exceptions such as rape or to protect the woman’s health.

I can’t even imagine what a rape victim who has become pregnant might think of this, after having already been violated once, and then being told by arrogant politicians that she must be violated again in order to undergo a commonly available medical procedure.  It also forces her doctor to perform a procedure that is not medically necessary, and violates their oath not to cause harm to their patient.  As one Virginia House Delegate pointed out, the bill may actually require doctors to sexually assault their patients, as it is a crime to vaginally penetrate women with any object without their consent.  (To add insult to injury, the woman must also pay for this state-mandated procedure.  Where’s Obamacare when you need it?)

It’s not even cognizant of the doctor-patient relationship that is generally so well-respected – except when women’s medical choices are involved.  Then it’s absolutely imperative that the government asserts jurisdiction over a women’s vagina, to ensure she’s actually making the best medical decisions for herself.  It’s not just humiliating; it is paternalistic in its very worst sense.

Note that I haven’t even addressed the issue of abortion itself.  That is because regardless of where one stands on abortion – if one considers it murder, or the right of a woman to make decisions regarding her own property (i.e., her body) – this intrusion by the state into private medical affairs, which would not be tolerated under virtually any other circumstances, is simply not justifiable.  And perhaps anti-abortion crusaders are aware of that, and are adopting these tactics to set up a constitutional challenge that leads to a Supreme Court review of Roe v. Wade, hopefully this time to overturn it for good.

Regardless of the anti-abortion camp’s motives, their degrading and humiliating tactics are despicable.

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I have been at the forefront of fighting the TSA’s “enhanced security” theater in Texas for some time. We have gained so much momentum in the last month that now even the Feds are taking notice.

Yesterday, the US Department of Justice waltzed into the Texas Capitol with a letter to the Lt. Governor, saying that if Texas passes the HB 1937 “patdown” bill, which bans government officials from legalized molestation as a condition for entering a public building or airplane (and which, by the way, I helped write), that they will respond by turning Texas into the TSA equivalent of a no-fly zone.

Unfortunately, the Senate may be caving. But you can help! The best thing you can do right now is encourage anyone and everyone you know, especially from Texas, to send phone calls and emails toward the Texas legislature telling them you support human dignity and HB 1937.

Click here to get more information, to use our 30 second contact-the-Senate form, and to find out how to call every Texas Senator. This is our “Come and Take It” moment and we have very little time, so get going!

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