Dilger & Mike,
I admit that this flexible approach, dsicarding hard and fast rules in
favor of more appeal to negotiation and common sense, has some
attraction for me as well. However my reservations are even stronger.
This would mean moving away from the "rule of law" to something more
like the "rule of man."
One of the advantages of the rule of law, and having rights guaranteed
by that law, is predictable, uniform outcomes. This reduces risk and
creates a certain level of stability (important from a business
perspective), and ensures that the powerful and the weak receive
relatively equal treatment (important if you're the little guy).
The dilemma mirrors my earlier observation about rights being
essentially meaningless in an anarchy. I'm not comfortable giving up my
rights when I don't know what will replace them. I don't know that I'm
comfortable with a society in which everything is negotiable, and
you're never fully protected by the law in anything. It seems like
that's the direction we've been heading already, with the explosion of
lawyers and lawsuits. In the U.S. at least these days, if you hire a
good enough negotiator or defender, you seem to have some chance of
getting away with almost anything. Suing gun manufacturers for crimes
committed with their products, for example. I'm open to arguments, but
you'll have a hard time convincing me this change has been a good thing.
Then of course there is the tough issue I've brought up previously —
how do you compel people to face justice in the absence of legal
coercion? If I murder your family, what incentive do I have to agree
with you to appear in any court of arbitration?
If you're wealthy, of course you could just hire someone to come after
me. Dragging me into court might be only a little more expensive than
simply killing me, which might naturally lead you to consider options
other than a fair trial. But it seems to me that if you're poor, you
might not be able to afford what this would cost in a free market,
especially if I have an ample ability to defend myself. Is your
"protection agency" going to be willing to take on my small private
army in exchange for whatever small monthly premium you're paying them?
Yours in liberty,
<<< Starchild >>>
I like this approach.
In a utopian anarchistic society, I expect that everyone would have
differing opinions on most everything; there would be no need for any
central law. I would hope to publish a list of suggested rights, which
when followed, will probably work well in your dealings with other
people, but would certainly be viewed differently by different folk,
improved upon, or completely ignored, at no loss to anyone who relys on
themselves and defends their own.-Dilger
Acree, Michael wrote:
You seem still to be wanting to define abstract rules to cover all
cases, and that is just what I am trying to get away from. I'm not
sure we need a rule that defines all parody as protected, or as
injurious. Why not let the parties involved in each case settle it,
without imposing the constraint that everybody's solutions have to be
the same? Guidelines evolve as case law, so I think in general
people would have a pretty good idea where they stood.From: Steve Dekorte [mailto:steve@dekorte.com]
Sent: Thursday, August 21, 2003 5:18 PM
To: lpsf-discuss@yahoogroups.com
Subject: Re: [lpsf-discuss] gun controlI was dismissing the idea of "free speech grounds." The relevant
question isn't what abstract "rights" I might possess but whether my
actions have injured someone.Parody often "injures" people. It can even put them out of business.
Should it not be a protected form of speech regardless?Cheers,
Steve
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