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Post 100

Wednesday, August 6, 2008 - 5:25pmSanction this postReply
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Jay corresponded with me privately. I am posting my response to him here:

Jay:

Circular? Appropriate cleverness maybe for Saturday Night Live. I could have either supplied my own answers in response, or supplied my own questions and answers, or supplied my own clever questions to you and placed words in your mouth. However, our post discussion has already deteriorated enough, so I thought I'd address you privately.

I have no desire to offend you, and I like that these boards are absent of some of the maliciousness I've observed on other boards. Nevertheless, I usually find myself disinclined to back down from insults.

I wasn’t aware I insulted you.
From my perspective, your argument about coercion seems to be your only bullet, and I find it to be a blank (if you'll excuse me from resorting to another analogy).

That would more accurately be called a metaphor.
All laws/regulations are coercive. If it is a common element, it renders your argument moot, and makes your efforts - to selectively pick and chose what law/regulations you want - appear capricious. Like having your cake and eating it too.

Just laws are ones that prohibit initiations of force. These kinds of laws set out to punish people who use coercion by means of retaliatory force. When I say coercion, I mean a law that actually initiates force because no pre-existing force had taken place. And it seems you want laws that initiate force when no force had previously taken place. So I don’t think it’s fair to say all laws are coercive, that’s not true. Many laws are, but good ones prohibit coercion and spell out what the remedies of that are.
I have not specified a single regulation for debate because the discussion is not about any particular regulation. It is about whether regulations, any regulations, have a place in an Objectivist society. I have not answered your repeated call to say whose philosophy, because in one of my earliest posts I specified Objectivist goals, and heavily emphasized regulations whose goals are to protect individual rights. Personally, I've felt your haranguing on this issue to be politic, suggesting that maybe I have some evil socialist plan. I'd just like to see some good people do some good thinking, and use some of the practical financial knowledge that has been gained over the years to establish policies that can discourage stupidity and dishonesty.

But when you were pressed for what circumstances you would want regulations, they were in response to problems that resulted from government coercive regulations that restricted free economic choices. It would make sense to repeal those regulations, and understand why they didn’t work. I don’t understand why wanting more regulations to stop futures commodities market trading is in accordance with objectivist goals. It is not. Dishonesty, or more accurately dishonesty in trading which is described as fraud, is not a free economic choice but an initiation of force, so there I agree with you regulations stopping fraud is in accordance with Objectivist goals. You also wanted to stop risky bank loans, by adding more banking regulations, when it was actually banking regulations that resulted in these risky loans now defaulting. You then said well it’s good, not bad regulations that you want, but you don’t solve a bad regulation by replacing it with another when the bad regulation was bad because it restricted economic choice, you just repeal it. Otherwise what is a good regulation in response to a bad regulation? A regulation stating that lawmakers are forbidden from passing bad regulations?

If you are certain that you can selectively chose and justify which things you would like to regulate, then make that case. It is too inconsistent for my tastes. And it doesn't fit with how things at least appear to work in the real world.

This criticism is unwarranted since I provided to you an objective standard for what should be a good or bad regulation. I stated that regulations that restrict economic choices are bad because they limit a person’s liberty. And as far as I know, nothing in Objectivist philosophy allows for that as a means to protecting an individual’s self interests.

I would like to get away from this quote/counter-quote method of debating, which has become increasingly testy, and unbecoming. You've waded into this discussion. If you think you have more arguments to try, we can correspond via this ror-mail, or continue to keep it public - in which case I would like to keep it more respectful.


If I was disrespectful then I apologize. I also like the quote/counter-quote method because it allows me to address each specific point the other forum poster brings up in their post. I would also prefer to have this discussion in public and will be posting my response there. Thanks
-John




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Post 101

Wednesday, August 6, 2008 - 5:57pmSanction this postReply
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This post is in response to Jay's post 98.

John,

urQ "You are under no moral obligation to explain what you mean by "rational, objective application of KNOWN good PRACTICES". But please keep in mind, a refusal to explain yourself leaves serious doubt from me and I would venture to guess from others as well as to whether you know what you’re talking about. This is after all a philosophy forum, you decided to come here and post your thoughts."

Okay, if you can provide an explanation of the philosophical underpinnings for setting a speed limit of 35 MPH instead of 50+ mph on a broad four-lane country road, I will provide an explanation of a specific economic regulation which I might consider a "known good practice".


Sure, because driving 50 mph in a 35 mph speed zone could be argued that the motorist is driving recklessly and greatly putting other motorists at risk. The same philosophical argument that a man recklessly waving a gun in a crowded restaurant has complete disregard for the safety of other individuals who gave no consent to be put at that kind of risk.

urQ "If you are not interested in explaining them, I wonder if you are really interested in honest intellectual discourse, or you are more concerned with maintaining some pseudo-superiority feeling that you found a kink in Objectivist philosophy?"

An ad hominem?


I don't think so. I'm trying to understand why you stubbornly hold onto a view that you have objective standards based on known good practices to say what is or isn't a good regulation and that this would be in accordance with Objectivist goals, but you cannot articulate what that means exactly, when Objectivism as a philosophy clearly has but you seem to reject certain aspects of it. You then presume to say there is something lacking in Objectivism because it doesn't take the real world into account, yet you have not demonstrated that and when I press you to do so, you do not attempt to demonstrate how this is so. I think it bears suspicion on what you are trying to accomplish here.

What I feel is disappointment that Objectivism might be used to justify ignoring pertinent facts.


Which pertinent facts? The only facts I'm aware of that you brought up were futures commodity trading and the recent subprime mortgage crisis. There's nothing wrong with the former and no regulations are needed to restrict this free market activity because restricting it would be bad, not good, and mortgage crisis is due to the government by setting up quasi-public institutions that buy risky loans from other private banks, and the government implicitly backing up these loans. That's called a moral hazard, and the entire crisis was the result of government interference in the market. That doesn't warrant more regulation, and it warrants the repeal of coercive economic regulations.

urQ "I never delegated such a power to them."

This begs another argument entirely, that is probably not worth discourse. We were both, presumably, born under this system that our forebears established, and which did delegate those powers. And since it does not come up for a re-vote every year, neither of us has ever had that opportunity. Our only choice is to conform -


A legitimate government is one that only prohibits the initiation of force. If a criminal is stopped or punished, does the victim need to sanction the punishment or capture before others can take action? If the government makes the law that says that criminal wronged the victim by initiating force, is force used against the victim? Of course not. But when the government assumes to make an economic choice on behalf of an individual without his consent in what would otherwise be a voluntary trade with another individual where no criminal used force (force includes fraud) then that government institution becomes an initiation of force to which no one has a right to use. I do have the right to delegate to my lawyer for example, choices that affect my legal standing, I do have a right to delegate to my auto-mechanic, the mechanical choices needed to fix my car. Both of these examples were free exchanges of value to which I freely delegated these particular choices to another individual that accepted it, that is they are economic choices free from force. In the case of a government institution deciding what kind of stocks I can buy, or what kind of mortgages I can buy, it has no right to do this because I never delegated the authority to them to make what should be a free economic choice that affects only my life.



Yours, honestly, would more likely depend upon a successful revolution. This, of course, has no bearing upon the relative values of our ideas... only upon their practicality.


Well I never called for a bloody revolution if that's what you mean by revolution. I said specifically in post 94: "certainly I can’t stop the government from [stealing from me] under our current mixed-economy culture. But that doesn’t make it right. I can only hope by spreading free market ideals that we can convince others that a mixed-economy approach is not in our best interests. In the mean time, attempts to mitigate socialist programs is not a fruitless endeavor, and supporting political candidates that believe in smaller government has worked in the past, and is the only rational approach now since we still have the power to speak freely and make attempts to persuade our fellow citizens to see our point of view"

Political advocacy through free speech and political support for candidates that believe in smaller government is not at all a fruitless endeavor. If so I don't know why your approach is actually all that much different from mine (the approach again being political advocacy).



urQ "Again, how?"

I don't know how many adjectives it would take to provide enough emphasis to KNOWN GOOD PRACTICES to make you consider that regulations might be reviewed one at a time on their own merit to assure that individual's property interests (rephrased for clarification) are protected.


Again, what makes something a "known good practice"?




(Edited by John Armaos on 8/06, 6:07pm)


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Post 102

Thursday, August 7, 2008 - 8:07amSanction this postReply
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I would like to clarify two points.

As we are talking almost exclusively about economic regulation, when I am talking about "known good practices", I am talking about established standards of practice - normally that have originated within the banking community. The greater part of the current economic woes is the failure of banks and other lenders to follow these standards that have been developed within the industry over the years.

The second point is that the sole role of such regulation would be to codify these practices.

An observation was made earlier about private, independent industry-related organizations being a reasonable choice for setting up standards. I'd completely endorse this. However, establishing standards, without requiring adherence to standards, is still chaotic. Robin Williams had a joke about London Bobbies being only armed with a billie-club, and no gun. On confronting a fleeing felon, they would say "Stop!...or I'll say stop again!"

Without question many economic regulations and policies that the US government employed in the years preceding the recent recession exacerbated the situation. However, it would be patently false to lay all the blame on the government. Banks abandoned good standards of practice, that they might have otherwise followed if those standards had been codified.

Additionally, the overall damage to the economy is pervasive. It did not matter whether someone was involved in the mortgage frenzy or not. If you simply owned property, you were hurt by the fallout.

I can understand if someone wants to reject regulation on the grounds that it is a slippery slope, and that if once allowed, all manner of bad regulations can be written. It isn't an unreasonable concern. However, just saying "no" is the equivalent to sticking our heads in the sand.

I also disagree with the idea that one can still selectively choose which field they will say okay to regulation. If there can be good regulations, as most posters here still seem to agree, then there is no logical reason why good regulations cannot be written in any field. It is only incumbent upon us to assure that good and fair regulations are written.

Coupled with this is my earlier stated suspicion that the establishment of regulations is a natural occurrence within a society. If this is so, then I still think it needs closer inspection by those who would interpret Objectivist thought to explain government responsibilities. Also, if this is so, there is the practical aspect to trying to guide government to make good regulations - since regulations will likely be written regardless.

jt

Post 103

Thursday, August 7, 2008 - 9:19amSanction this postReply
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I gratefully thank those who provided me sufficient sanctions to get my first Atlas. Nice being able to post without the delay.

jt

Post 104

Sunday, August 10, 2008 - 9:24pmSanction this postReply
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John,

urQ "Otherwise what is a good regulation in response to a bad regulation? A regulation stating that lawmakers are forbidden from passing bad regulations?"

Actually, not so far-fetched an idea as you may think it to be. A regulation setting the parameters for all subsequent regulations - guidelines - would be quite appropriate.

The fact that there is a lack of such guidelines in both our (US) laws and regulations today, speaks to many of the problems we've experienced.

jt

Post 105

Sunday, August 10, 2008 - 9:32pmSanction this postReply
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Right, but since you prefer a set of regulations with no objective criteria (I realize you deny this but I can't help but come to that conclusion since you can't articulate an objective standard) it's not possible to have such a regulation that no bad regulations be passed. Because no one would know what is or isn't a bad regulation.

Post 106

Monday, August 11, 2008 - 12:21pmSanction this postReply
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John,

urQ "but since you prefer a set of regulations with no objective criteria"

False, but I can see you are locked in to your interpretation of my posts on this subject.

urQ"Because no one would know what is or isn't a bad regulation."

This comment raises question of your support of any regulations, despite your endorsement of certain regulations that fit within the framework of what you've personally chosen as important (e.g. traffic). Do you think there are no bad traffic regulations? Drive through South Carolina.

One either accepts the concept of regulations, or one doesn't. If one doesn't - Katie bar the door. If one does, the issue of quality (good) regulations becomes one of foremost interest and importance.

jt

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Post 107

Monday, August 11, 2008 - 12:41pmSanction this postReply
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I never said there weren't bad traffic regulations. The problem I have here is you seem to not understand what objective criteria means. You think just because in the area of automotive traffic, some regulations that prohibit unsafe driving which I endorse must mean that regulations in every walk of life for any unspecified reason, reasons other than safety, must also be applicable, otherwise according to your thinking, I wouldn't be objective. It's like saying if I advocate police can arrest people for theft, that in order to be objective, they should also be allowed to arrest people for acting weird. But that's false, because it corrupts the premise for the argument why people should be arrested for theft. A clearly defined premise with an abstraction rooted in concretes is required for something to be considered objective. The fact that you are so willing to use regulations in a context-less application for just about any vague, unspecified reason is quintessentially subjective, not objective. An objective criteria requires a context appropriate principle. One which you haven't formulated in anything but floating abstractions.
(Edited by John Armaos on 8/11, 12:42pm)


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Post 108

Monday, August 11, 2008 - 6:27pmSanction this postReply
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"A clearly defined premise with an abstraction rooted in concretes is required for something to be considered objective." √+

Post 109

Tuesday, August 12, 2008 - 6:22amSanction this postReply
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John,

urQ "A clearly defined premise with an abstraction rooted in concretes is required for something to be considered objective."

I agree, and feel also my example clearly met that criteria. You choose to reject that example.

urQ "some regulations that prohibit unsafe driving which I endorse must mean that regulations in every walk of life for any unspecified reason,"

Every walk of life - yes. Unspecified reasons - no. Your wishing to accept regulations for traffic, but to reject regulations in (most?) other areas is not logic, it is preference.

Logic is "regulations can be ethical" or "regulations cannot be ethical". One is expected to evaluate and make a decision. The postulate "regulations I like are ethical" and "regulations I don't like are unethical" seems to me more an exercise in rationalization.

I'd like to add, for emphasis, that I phrased the above propositions "regulations CAN ..." or "regulations CANNOT ...", not "are" or "are not". In order to be ethical, any regulations crafted, must be written (in context) to prevent a clearly defined, threat to individual property rights.

jt
(Edited by Jay Abbott on 8/12, 10:11am)


Post 110

Tuesday, August 12, 2008 - 11:52pmSanction this postReply
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In a fully free society, in which all infrastructure is privately owned and operated, traffic rules would be determined by the owner of the road. If the owner didn't specify a speed limit, then those who drove on the road would do so at their own risk, but most people would want some kind of speed limit, so the owner would almost certainly set an appropriate limit in order to encourage use of the road. This, however, would not constitute regulation in the sense of a coercive restraint on the liberty of individuals to use their private property as they see fit. Quite the contrary; It would involve an exercise of the owner's private property rights.

- Bill

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