Kinsella in Italian

IP Law, Libertarian Theory
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An Italian translation of my Against Intellectual Property was recently published: Contro La Proprietà Intellettuale (edited, translated, and with a preface by Roberta Modugno; Soveria Mannelli: Rubbettino Editore, Nov. 2010).

Also, the Italian translation of my “What Libertarianism Is” will be included in “Parte Terza: Diritto Naturale e Teoria Politica,” of the forthcoming L’Anarcocapitalismo: Epistemologia, Economia e Teoria Politica [Anarcho-Capitalism: Epistemology, Economics and Political Theory], part of the Nuova Civiltà delle Macchine monograph series edited by Dario Antiseri (one of the major living Italian philosophers). I was asked to prepare an abstract of this piece for the book, which is:

Concepts and ideas such as individual rights, property rights, the free market, capitalism, justice, and the nonaggression principle are not defining characteristics of libertarianism for various reasons–most of them are based on property rights. All political philosophies have some view of property rights; what is distinctive about libertarianism is its particular property assignment rules. This article describes libertarianism’s particular property assignment rules in two cases: for human bodies, the rule is “self-ownership”; in the case of external scarce resources, the property assignment rule is based on Lockean homesteading principles). The article explores how and why these libertarian property assignment rules arise from and are related to the purpose of property rights, which is to permit conflict-free use of scarce resources. The libertarian view is that self-ownership and Lockean homesteading of external resources are the only property assignment rules compatible with more basic grundorms (basic norms of civilized men) such as justice, peace, prosperity, cooperation, and conflict-avoidance, which are adopted in part because of empathy. The article agues that civilized man may be defined as he who seeks justification for the use of interpersonal violence. A consistent application of the basic civilized grundnorms shows that only the libertarian norms, and its non-aggression principle, can be justified. Thus, libertarianism may be said to be the political philosophy that consistently favors social rules aimed at promoting peace, prosperity, and cooperation. It holds that the only rules that satisfy the civilized grundnorms are the self-ownership principle and the Lockean homesteading principle, applied as consistently as possible.

(Other translations of my writings are collected here.)

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A Drug War Mutiny

Anti-Statism, Drug Policy
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“Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once?”

— Henry David Thoreau, “On the Duty of Civil Disobedience”

Of all the injustices perpetrated by the state, the war on drugs is one of the most outrageously evil.  Kidnapping and throwing people into cages for the non-crime of consuming disapproved substances, or for selling them to others, should be condemned by anyone with a sense of justice and morality.  It is the prime reason for using jury nullification: to acquit those accused by the state of violating an unjust law, regardless of the facts; to reject the law itself and the authority of the state to prosecute lawbreakers.

Typically nullification takes place during deliberation, when jurors simply refuse to convict, unconvinced by the prosecution’s case.  But it can be difficult to gain a seat on a jury if one’s intent is to nullify; prosecutors and judges are well aware of the growing nullification movement, and will take steps to screen out potential troublemakers.  Even though juries have a right to nullify, the state will do everything it can to empanel only those citizens who will remain “unbiased” — so long as they promise to convict the defendant if the facts warrant it.

But what if the entire jury pool refuses to hear a case?

A funny thing happened on the way to a trial in Missoula County District Court last week.

Jurors – well, potential jurors – staged a revolt.

They took the law into their own hands, as it were, and made it clear they weren’t about to convict anybody for having a couple of buds of marijuana. Never mind that the defendant in question also faced a felony charge of criminal distribution of dangerous drugs.

The tiny amount of marijuana police found while searching Touray Cornell’s home on April 23 became a huge issue for some members of the jury panel.

No, they said, one after the other. No way would they convict somebody for having a 16th of an ounce.

In fact, one juror wondered why the county was wasting time and money prosecuting the case at all, said a flummoxed Deputy Missoula County Attorney Andrew Paul.

District Judge Dusty Deschamps took a quick poll as to who might agree. Of the 27 potential jurors before him, maybe five raised their hands. A couple of others had already been excused because of their philosophical objections.

“I thought, ‘Geez, I don’t know if we can seat a jury,’ ” said Deschamps, who called a recess.

Note carefully how the county prosecutor characterizes the jury pool’s action:

“A mutiny,” said Paul.

What is a mutiny?  A rebellion against authority.  Paul, like any other faithful agent of the state, arrogates to himself power that rightly belongs to the people he supposedly serves, and is taken aback by any challenge to his authority.  Jury duty is an obligation, and if the facts demand it, then one’s duty is to convict, and justice be damned.

The residents of Missoula County, some of them anyway, think otherwise.  They recognize the sheer absurdity of prosecuting someone for possessing a tiny amount of a plant that has been cultivated and used by humans for thousands of years.  Would they have convicted the defendant of the more serious charge he faced, distribution of a “dangerous” drug, itself a risible claim, particularly as it applies to marijuana?  People seem to have trouble accepting the idea that if it’s all right for someone to possess a drug, it must be all right for someone else to sell it to him.

But I will take the small victories, and hope for more like them.

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Enjoy Snitchin’? There’s an App for That

Police Statism, Technology
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If you suspect your neighbors are cooking up meth or fertilizer bombs in their basement — or maybe you just want those damn kids to get off your lawn — “help” from the government is as close as your iPhone:

The PatriotApp links your phone to American security and law enforcement agencies via the Internet and allows you to report anything you want at the touch of a button.

By simply pressing the relevant icon, users can sound the alarm for terrorism, ‘suspicious activity’, a health pandemic or an environmental safety issue.

The $0.99 app, named after the controversial Patriot Act brought in by the U.S. government after 9/11, is designed to ‘encourage active citizen participation in the War on Terror and in protecting their families and surrounding communities’, its makers Citizen Concepts claim.

Not a lot of imagination is needed to come up with all sorts of scenarios for abuse of this app, although creator Charles Reinighaus “truly believes that 99.9 percent of people are good and will not misuse the technology”.

It is truly a wondrous society we live in, that the state need not lift a finger to create a surveillance network, when its own citizens will happily provide one.  Even the Soviets and East Germans weren’t so lucky.

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Movie Preview: Sucker Punch

Legal System, Nanny Statism, Police Statism, Pop Culture, Private Crime
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Zack Snyder, director of 300 and Watchmen, has a new film project coming out in 2011 that may be of interest to genre-loving libertarians: the upcoming movie Sucker Punch. It may not have an overtly libertarian theme or plot, but it does appear to center around an issue that is relevant to libertarians, particularly women and libertarians interested in the time period in the US in which this film is set, the 1950s.

The premise and setting of Sucker Punch remind me of Angelina Jolie’s film Changeling, directed by Clint Eastwood, written by J. Michael Straczynski of Babylon 5 fame, and set in 1928. Both films depict periods in the United States in which it was all too easy to commit someone, particularly a woman, to a mental institution against her will. In Changeling, Jolie’s character is involuntarily committed to the local hospital’s psychopathic ward by a corrupt cop for political/job preservation reasons. In Sucker Punch, the main character, Baby-Doll (what’s with the name?), is involuntarily committed to a mental institution and scheduled for a barbaric lobotomy. I suppose we’ll have to wait to find out why and by whom she was committed.

So, in Sucker Punch, as in Changeling, it appears we will be presented with a story illustrating (wrongful) involuntary commitment, the unequal status of women in recent US history, a struggle for freedom and to maintain one’s sanity in an oppressive medical institution where the authorities insist you are insane. Unlike Changeling, which was a historical film, Sucker Punch will be an action fantasy.

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