Anders Behring Breivik and Norwegian Prisons

Legal System, Libertarian Theory, Nanny Statism, Private Crime, Private Security & Law
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The latest news from Norway is the prison that might, for the next 21 years, be a home for Anders Behring Breivik. After reviewing the videos and photos, I must say, Ohio State offered me no better when I went there on scholarship some years ago (and my scholarship was only good for four years). My dorm mates were generally more presentable, perhaps, but I never got a hot blonde personal trainer. Halden Prison almost seems designed to entice the vacillating young psychopath, who has not yet worked up the gumption, to go ahead and follow through on his dreams.

It is a subject that, for the modern American, is begging for ridicule and parody. I myself nearly dipped into it in the first paragraph, and I admit that the idea of a man murdering so many innocents and thereby earning an all-expenses-paid stay at the Halden Resort rankles a bit. The fact that the descendants of the Vikings are responsible adds another fascinatingly perverse element to it.

And yet… does the modern American, currently occupied with mocking Scandinavia, not have a closer target for his contempt? Is the prison system that he is forced to subsidize any less perverse and appalling? Might one not even argue — I almost hesitate to type the words — that the Norwegian way, though indisputably stupid, is superior to the American way? Not if one is running for office, of course, but those of us not connected to politics, i.e., those of us who can still afford to use our thinking organ, might wish to examine things with a critical eye.
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Keeping Rights on Paper, Losing Them on the Streets

Firearms, Legal System, Police Statism, Private Crime, Victimless Crimes
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While many people love to promote the various rights guaranteed by the Constitution, it is interesting to see how rights are restricted not through legislation or even an active judiciary, but simply by law enforcement not respecting them. Consider the right to keep and bear arms and this officer’s reaction to a man exercising his right. The Second Amendment has been upheld by the courts, and there have been recent landmark cases restoring that right to people unfortunate enough to live in places like Washington, D.C. Legal victories such at that have little effect on those supposedly hired to defend person and property, however:

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Are Libertarians No Different Than Statists?

Corporatism, Legal System, Libertarian Theory, Nanny Statism, The Basics
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There are some seriously mistaken individuals who seem to think so. Take a quote like this:

The recognition of the insuperable limits to his knowledge ought indeed to teach the student of society a lesson in humility which should guard against him becoming an accomplice in men’s fatal striving to control society [and destroying] a civilization which no brain designed but which has grown from the free efforts of millions of individuals.
— F.A. Hayek

They say that Hayek’s insight also applies to libertarians and, for example, our attempts to “force” free trade and unregulated labor markets on “society.”

Guilds, poor laws, and limits on trade also grew from the free efforts of millions of individuals, did they not? Well, no, actually they didn’t — at least not insofar as they attempted to use the state to impose the preferences of some on others by force!

Libertarians, of course, have no quarrel with voluntary associations and such voluntary actions as charity and boycotting. But… guilds and labor unions have  tended to employ the state to impose their preferences on others; poor laws were historically and are by definition instruments of state policy; and limits on trade have historically been imposed on us by the state. There is nothing free or voluntary about them.

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Life Sentence at 11 Years Old?

Legal System, Police Statism, Private Crime, Private Security & Law, Totalitarianism
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Good’s Cord Jefferson asks: “Should an 11-Year Old Boy Go to Jail for Life?” Read the account. It is horrifying that a boy could do something so evil. My own daughter is 11. I could simply not imagine her doing anything like this. I am sure many of you feel the same. Indeed, the sense that this boy is completely alien to our own experience is one of the reasons it is tempting to support locking him up and throwing away the key. Despite this, however, such a move would do far more harm than good. This is not simply a matter of him being too young to punish. That is perhaps true, perhaps not. Rather, it has to do with the evils inherent with the state monopoly on justice and punishment, and the particular evils introduced when we combine that monopoly with a child offender.

The state, through taxation, separates the consumer of goods, such as roads and schools, from the buyer of those same goods. None of us are customers of a public school in the sense of being able to take our money elsewhere if we get bad service. This causes people to lobby legislators and other public officials and causes a lot of the aggravation that people express when they need the state to do something. But it also, through the criminal justice system, separates the recipients of justice — the victims and families of victims — from the criminals and tortfeasors. This separation has some very significant evil effects of its own.

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The Power To Classify Is The Power To Destroy

Classificationism
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The state has a fetish for categorizing and classifying things, as if the label you “officially” stick on things changes reality. Yet that classification has legislative teeth. Lately I have become more aware of this destructive power. Not because it comes from the state–I am already used to that, but because often times government agencies, part of the executive branch, are the ones operating under rather wide legislative powers granted by Congress. None of this is new, of course. It just seems that it is becoming more prominent as the number of bureaucracies and bureaucrats continues to increase.

Instead of private law or contracts or generally accepted, time-honored societal agreements, the state corrupts reason and destroys language, replacing common sense with legislative fiat, all while making us more depending on the state to determine what reality is and how we deal with others.

Examples abound. The state controls the definitions of marriage (and of divorce, of course). The state defines who is an employee, who is an employer, and whether you have had “income.” Is Julian Assange a journalist? If he “is,” then according to the state he is treated in a specific way.

Classificationism goes hand in hand with licensing and other forms of control and regulation. If you want to open a kitchen or restaurant, better have the proper licensing. Usually the state will require licenses if you have a certain number of customers or some other category. Then, legally, you “are not” a “restaurant” if you do not meet the guidelines required for the license. But if you do, then magically you and your property are subject to the state’s magical incantation (also known as legislation). The FCC has recently been trying to reclassify ISPs so that they fall under the agency’s telecommunications category, extending the FCC’s power to control the internet.

A rather egregious and recent example of, in this case, re-classificationism, has to do with Obama’s administration trying to “crack down” on companies that treat workers as independent contractors instead of employees (so that unions do not have access to those workers). The IRS and other agencies can determine if someone is a “contractor” or an “employee.”

Even when it comes to the basic rights that the government is “supposed” to protect, classificationism exists. Is email like regular mail?. Is there an expectation of privacy? It all depends on how the bureaucrats massage language in the political arena.

Should e-cigarrettes be regulated like real cigarettes? What “is” a “firearm” or a “machinegun”? Or an “assault weapon”? Where“is” Emmanuel’s “residence”? What is a “controlled substance”? (A toy soldier “is” a “firearm” in British airports, by the way).

One could point out that the agencies in charge will have to have rules and regulations of their own, as the details of implementing and executing Congressional mandates lies with them. That is certainly correct. However, it is striking to see just how much agencies can control by merely moving from category to category entire industries, peoples, occupation, objects and actions. The power to classify is the power to destroy.

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