Distraction and Waste: The Great Electioneering Spending Stimulus

Democracy, The Left, The Right, Vulgar Politics
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I’m hearing reports that nearly $1 billion has already been spent on US House elections alone. Sheila Krumholz of the Center for Responsive Politics predicts “$3.7 billion will be spent on this midterm election.” That’s 30% more than last time. It’s no surprise that the more legal plunder government is able to redistribute, the more people are willing to spend to gain control of the state. Obama is making Bush the Younger look thrifty and the next president will likely do the same for him. The increase in electoral spending will continue apace.

Such a distraction and waste of money political elections, especially national elections, are. As I explained in Voting, Moral Hazard, and Like Buttons: “The very existence of [a] centralized voting system for deciding public matters of moral importance encourages citizens to focus their energies on this formal democratic process, which is to say that it encourages the wasting of time and money on vote getting (or buying), at the expense of getting anything actually productive done in a timely fashion.”

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Rethinking Intellectual Property: History, Theory, and Economics

(Austrian) Economics, Education, IP Law
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Mises Academy: Stephan Kinsella teaches Rethinking Intellectual Property: History, Theory, and EconomicsMy article, Rethinking Intellectual Property: History, Theory, and Economics, was published today (Oct, 22, 2010) on Mises Daily. It details the content and purpose of my upcoming Mises Academy course, “Rethinking Intellectual Property: History, Theory, and Economics,” Mises Academy (Nov.-Dec. 2011) (discussed on the Mises Blog in Study with Kinsella Online). Sign up!

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Aphoristic Observation: Retributive Punishment Is to Restorative Justice as Egalitarianism Is to Equality

Legal System, Libertarian Theory, Private Security & Law
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Instead of raising the victim back up — to balance the scales of Lady Justice, so to speak — it seeks to drag the criminal down to the victim’s diminished level.

~*~

Cross-posted at Is-Ought GAP.

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A Short Defense of Punishment

Legal System, Libertarian Theory, Non-Fiction Reviews, Private Security & Law
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It is particularly prevalent among libertarians and practitioners of Restorative Justice to favor restitution and reject punishment, or to at least reject retribution (private punishment “owed” to the victim / “just deserts” / “getting even”). I find this brief argument, from Getting Even: Revenge as a Form of Justice by Charles K. B. Barton, p. 93, to be persuasive:

1. Humans are innately social beings who can flourish and achieve their full humanity and potential in terms of moral and spiritual maturity, only in society.

2. A human society is a moral community.

3. A moral community is such that its members are mature, morally responsible individuals who hold one another accountable for wrongs to fellow members and to the common good.

4. To hold persons responsible and accountable for wrongs to fellow members and to the common good is to consider them liable for blame and punishment for such wrongs, independently of functionalist and instrumental considerations, such as expressing disapproval or deterrence—though obviously such considerations are not irrelevant to impositions of punishment.

5. To consider persons liable for blame and punishment for wrongs independently of functionalist and instrumental considerations is morally to accept retribution.

Using this explanation as part of an argument, there are two conclusions which follow:

6. Human individuals can flourish and achieve their full humanity, including moral maturity, only if they morally accept retribution and retributive liability for their wrongful actions.

7. Since individual flourishing and the achievement of one’s full humanity, including moral maturity, are good things worthy of being pursued, retributive punishment within the limits set by the principles of justice is also a morally good thing which may be pursued and, unless contra-indicated by countervailing instrumental and functionalist considerations, or by the appropriateness of mercy and forgiveness, ought to be pursued.

I highly recommend Barton’s book Getting Even. And his book Restorative Justice: The Empowerment Model is likewise excellent.

For a more comprehensive discussion about the key role that mediation must play in any legal system that aims to achieve justice, see my working paper A Call for Mediation Casebooks.

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Thrifty, Principled Republican Plans to Defund NPR

Taxation, The Right, Vulgar Politics
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In a bold move that promises to prove the Republicans’ dedication to preserving the First Amendment and fixing up the federal budget, Senator Jim DeMint has introduced a bill to eliminate federal funding for NPR. This is following the great controversy over NPR’s decision to fire Juan Williams, who made some commentary on Muslims and air travel that his bosses at NPR didn’t quite like.

DeMint, I’m sure, of course has a heroic record of free speech advocacy. I assume, though I have not found evidence at the time of writing this, that he introduced bills and fought vigorously for an end to this ridiculous idea of “free speech zones” which were used during the Bush Administration to stifle free speech. Because, surely, Jim DeMint is all about free speech, and this latest move was not simply motivated by his approval of Williams’ commentary, but rather from a deep philosophical opposition to government restriction of speech.

Some might also think that the $420 million that defunding NPR (and PBS) would save is a bit on the paltry side as far as budget cuts go, given that federal spending for FY2010 was officially about $3.5 trillion, or, to use like-terms, $3,500,000 million. But hey, that’s something, right? And, after all, if you exclude Social Security, Medicare, Medicaid, interest on the debt, all the other “mandatory” spending, and everything to do with the military, is there really that much else to cut?

So good on you, Jim DeMint. Keep up the good work.

Not labeled: The 0.00012% of the budget that NPR represents

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