On 02/27/2012 06:39 PM,
spar...@yahoo.ca wrote:
> Waving a firearm around in a city street usually doesn't seem to
> result in harm either but the risks involved is a sort of harm itself
> (thus making it criminal behavior).
Exactly. Certain defined actions are not always harmful (running a red
light does not always lead to an accident) but substantially increases
the risk of harm to other people who were not able to give their consent
to the added risk.
> Similarly breaking a regulation
> can sometimes amount to criminal activity. (assuming of course the
> regulation makes sense and the issue is severe enough)
In this case, that is a large assumption. Oh, breaking a regulation can
indeed lead to criminal activity -- in which case the law will jump in
and take over. But overwhelming the "criminal activity" is nothing more
than the mere fact they broke the regulation. There was no harm nor
additional risk of harm.
Have you ever worked in a restaurant or any place that works with food?
The regulations are such that if applied to private homes, 100% of
kitchens would be condemned. Even Adrian Monk's kitchen would not pass.
Sure, it may be clean enough, but he will not have NSF certified equipment.
Traffic is not regulated (in the manner we are discussing) but covered
by law. When we drive, we accept certain risks and most of us
(regardless of the law) drive according to a common level of risk
acceptable to us. Only a few yahoos drive at a level of risk the rest of
us are not prepared to take. The law tries to punish them.
In the kitchen, when we prepare the food we are going to eat, we also
take risks. If we drop a spoon on the floor, a quick rinse is good
enough -- or even a wipe on our shirt. We even prepare food for our
children in that environment.
Regulation, however, has deemed it necessary that food prepared for sale
cannot be prepared in environments that match our own kitchens or even a
bit better. No, commercial kitchens must be at the highest level of
risk-free as it is possible to make it.
Is it possible for a restaurant to back off the risk-level to something
closer to what we find acceptable in our own kitchens, advertise that
fact, and allow those of us willing to take that risk in exchange for a
lower cost? No, we are not.
So the regulations, no matter what they purport to accomplish, no matter
what they actually accomplish, come at a cost of less freedom. This is
what I mean when I say the law protects our rights and regulation erodes
them.
> In practice, many regulations are the result of politicians, police
> and judges simply not being technically knowledgeable enough to either
> evaluate certain kinds of situations. For instance how is someone
> supposed to know what kind of chemicals are considered toxic
> pollutants from a legal standpoint without some regulatory guidance?
How are the regulators to know. They also lack the technical knowledge
to make such evaluations. They either hire that knowledge from academic
or commercial concerns or, more and more often, they use their own
knowledge such as it is or just react to public pressure.
Regulations have led to the banning of DDT, saccharine, Alar, breast
implants and any number of other perfectly sound and safe products,
often to the measurable detriment of many people (millions of
unnecessary deaths in the case of DDT) because they reacted to public
scares rather than scientific knowledge. Almost all public scares turn
out to be unfounded. But the regulations that spring from then live on
for generations.
> Aside from the common sense sense aspects to some regulations, I
> would even argue that some regulation cab actually help insulate
> businesses from from spurious lawsuits.
Nothing could be further from the truth. Now businesses can be sued by
customers (and in many cases, they don't even have to be customers or
anyone have any contact at all with the company) not for any harm or
risk endured, but because of failure to comply with some obscure regulation.
Regulatory agencies to not coordinate their rules with one another.
There are many times when a company must break one regulation in order
to comply with another. Google it yourself.
Just in the last week, I have seen several ads from a law firm trying to
drum up "victims" of a particular drug. The "crime" was not that the
pharma company had produced a drug with unannounced side effects or that
it did anything unethical or dangerous (any more dangerous than taking
any drug) or that patients had suffered unduly because of the drig but
that the FDA had determined that the warning labels were "insufficient."
Never mind the FDA had to approve the warning labels to begin with.
Never mind the company is moving to comply as fast as it can to comply
with the new requirements. Never mind that there was not any evidence
that anyone was actually harmed or was in any danger of being harmed.
No, we live in a much more litigious world than ever before. But human
beings have never lived better, longer, healthier, safer lives than we
do now. We are not suing because of harm. We are suing because of
regulations that make it much easier to sue.
>> Regulations are sill laws T
>> The law is reactive, regulation is proactive.
>>
>> Laws are passive. All the laws against bank robbery, for example, effect
>> no one who engages in normal banking transactions. They take effect and
>> apply the effect only to the parties involved when an attempt is made to
>> rob a bank.
>> Regulations are active. They apply to and effect anyone who attempts to
>> engage in the regulated activity, whether or not they mean to do any
>> harm and whether or not they actually do any harm.
>>
>> The law takes intent into account. Thus there are charges of murder and
>> manslaughter. Murder is for those who meant to kill their victim and
>> manslaughter is for those whose action resulted in death but that was
>> not their intent. This allows the law to recognize that we are each
>> responsible for our actions, no matter our intent.
>>
>> Regulation ignores intent. It simply plays no role whatsoever.
>>
>> Law protects the rights of free people. Regulation protects the powers
>> of the regulators.
>>
>>> I've already agree that regulations can get out of hand. Don't blame
>>> me for that!
>>
>> I blame you only for what you do: fail to follow your own words to the
>> next logical step.
>
> Logical to what ends?
We do not use logic to determine an end. We follow logic to whatever end
it leads. Like a river, it may or may not take us to where we would like
to go. We have to be prepared for that when we start the journey.
> The far left claims lack of regulations as
> oppressive. Far right claims regulation is oppressive.
Obviously, the Left and the Right have different definitions of
oppressive. Do you think that people have the right to define terms as
they see fit and try to find ways to meet both definitions? Or do you
think that because they differ, they are both wrong?
The Left defines oppression as "having to suffer the consequences of my
own actions." The Right defines oppression as "having my freedom reduced
or even eliminated altogether."
Only one of those definitions can I accept.
> My own feel
> (perhaps flawed) is that both positions are extreme and based on
> moralizing rather than evaluation of the facts.
So you think both are wrong. Funny, you did not specify their
definitions, how they differed and how they were similar. You just
seemingly declared both wrong.
> One would not be wise
> to eat soup with a fork... or a steak with a spoon.
I eat ice cream with a fork. I always did even my math homework in pen.
I guess I am also unwise.
> If some regulation
> can be demonstrated to improve quality of life within a jurisdiction
> why then would be rational to argue against it?
Because everything comes at a cost. Regulators never, /ever/, consider
the cost side of the equation. And because regulators are not elected,
they are free to impose those costs upon us no matter our own feelings
of their benefits.
> And if some regulation
> can be demonstrated to harm quality of life why wouldn't we remove it?
Has any regulation been demonstrated to improve quality of life?
Regulations by the train-load have been demonstrated to harm quality of
life. Yet, name the regulations that have been revoked. So your
statements are extremely easy to make and apparently near impossible to
carry out.
> To err is human though. Aren't government employes allowed to make
> mistakes just like people in private companies do? Using the logic
> that mistakes by government is a reason to get rid of most government
> services strikes me like the arguments of the far left that use
> examples of corruption in free enterprise to push Marxism. Why can't
> we just deal with every issues on a case-by-case basis rather than
> deal in absolutes?
How did you ever reach the conclusion that I opposed regulation because
government employees would occasionally make a mistake? Quote the
statement(s). Maybe I misspoke somewhere. I would like to be able to
rectify any mistake on my part.
No, the problem is not mistakes but corruption. The free market has a
quite efficient system of controlling corruption in business --
publicity. No one, not an individual customer or another business, wants
to deal with a company that has become corrupt.
The elected official in government also has that system, though
admittedly a bit less efficient than business. Corrupt officials, when
discovered, face eviction, recall or just failure to get reelected.
Regulatory agencies have no system in place to limit corruption. Any and
all of us can make mistakes? Unarguably. Any and all of us can, under
the right conditions, become corrupt? Absolutely.
Regulatory agencies will, inevitably, become corrupt. And there is no
way to prevent it, punish it, or rectify it.
>> Would you accept that from a restaurant? "Yes, we realize our food was
>> so bad it would choke a pig, but tell you what, we'll raise our prices
>> and you keep coming here anyway and we /promise/ the food will get better.
>>
>> Yeah. Right.
>
> I agree government employees should be held more accountable.
> Politicians and unions are clearly abusing their position of power to
> do things like make it next to impossible to fire government employees
> and boast their own wages. They also sometimes support crony types of
> capitalism (i.e. capitalism based not on free enterprise but on trying
> to manipulate laws into crushing competitors)
Ah. Now you brush up against the real appeal of regulations. If
governments did not have the power to regulate, businesses couldn't come
to them for special treatment for themselves and oppressive treatment
for their competitors. But they do claim that right and it is a source
of quite a lot of money. And a good deal of that money makes it into the
pockets of the regulators and legislators, not the treasury.
> I also agree with you the SEC screwed up but inadequate oversight
> doesn't necessary equate to more money or more regulation. I'm just
> arguing they just need to figure better methods to catch thieves like
> Madoff in the future. Criminals often escape detection but I don't
> image you would argue we should completely get rid of police and
> courts right?
At a high school ball game, a player's father was sitting in the stands
and accidentally overheard two businessmen's discussion. They had been
talking about a certain company so the man decided, what the hey!, he
would buy some stock in that company.
The SEC prosecuted that man -- successfully -- for insider trading.
Congratulations, SEC, for a job well done. Of course, one could ask
"Whom did that man hurt?", "Who lost money because of that man buying
that stock?", "What about the people who just happened to buy that stock
at that time -- did they hurt anyone?"
In other words, just what was the man's crime? Regulation!
Yet, people who actually steal money from people seem to get away with
it -- until they are finally caught the old fashioned way.
It's not that police and the courts fail to catch every criminal or
solve every crime. It's that regulations fail to do anything beneficial
at all.
> The government patrols streets against common criminals
> so is it so unreasonable that is should patrol for white collar
> thieves too?
Well, the government uses law (legislation), law enforcement (police)
and the courts to patrol the streets. And they are relatively safe and
what crimes are committed are small. Rarely is a bank robbed for more
than a few thousand dollars.
The government uses regulations to patrol...well, wherever white collar
crimes are committed. Crimes there can run into the millions (and, as we
saw with Madoff, occasionally /billions/) of dollars.
White-collar crime is actually controlled more by regular law than by
regulation. Remember that Madoff is finally sitting in prison because he
stole money (crime) rather than because he failed to submit a proper
form (regulation). I wouldn't doubt he strictly held to the letter of
all applicable regulations.
>> Do you still not see how nothing you advocate makes any sense at all?
>
> What have I advocated beyond enforcing practices that can be
> demonstrated to work?
You keep saying that yet you have failed to reference any such
demonstration. You keep making vague references to fire safety and such.
Ok, let's, for the sake of discussion, say you could and did show some
area where regulations have "worked."
Regulations are, by their very nature, corrosive of freedom. Even when
they work, are they worth it? Even when they work, would nothing else
have worked instead? Even when they work, what about all the hundreds or
thousands of innocent victims who simply ran afoul of the regulations
themselves but did or risked no harm for every one actual criminal
caught by the regulations?
Even if you could present us with some few examples of regulations that
"worked," I have a feeling it would be all too easy to show much better
alternatives.
But I could be wrong. I have been wrong in the past. A few years ago, I
thought I had made a mistake. Turns out I hadn't.
Let's put it to the test, shall we?
> I am not pro or against regulation. I am pro-
> reason. If reason suggests the net result of some law or regulation is
> beneficial, I'll argue for the regulation. If it shows its harmful
> I'll argue against.
There is a time to debate theory and there is a time to debate results.
You have been arguing theory and I have been arguing theory and results.
We really need for you to start arguing more results. You have implied
results, but never actually referenced any.
> I'd appreciate it if you refrain from extreme statements like "
> nothing you advocate makes any sense at all' . Hyperbole like that is
> highly combative (see Charles).
You're right, and I try (and hopefully succeed) in keeping such personal
comments to a minimum. But I have addressed your points time and again
only to have you do nothing more than restate your original assertion.
Assertions are not proof. Provide some examples.
> I don't mind debate over some point
> but just ask yourself how you would feel if some else argued "nothing"
> you advocate makes sense.
I would check to see if they were right. If they were right, oops, I
have to correct my defects. If they were wrong, I show them where I had
made sense, they failed to show how I had made no sense and invite them
to add more detail.
>> Regulatory agencies are, in effect if not intent, immune from legal
>> challenges. Recently, a Federal court held President Obama in contempt
>> of court and ordered him to lift his moratorium on off-shore drilling
>> permits. But the President does not directly control drilling permits.
>> Regulators do. So while he may obey the letter of the court ruling and
>> lift his moratorium, the effect has been negligible. New permits have
>> not been forthcoming and there is nothing the courts can do about it.
>
> I have no idea why some think it make sense to prevent drilling.
Good, but really doesn't matter. My point is that regulatory agencies
are a good deal isolated from any oversight. This is a perfect breeding
ground for the growth of incompetence and corruption, which we have seen
bear out time and time again.
> The CDC is not even close to being equipped to handle food poisoning
> cases for a country of 300 million.
So? Since when do we require one and only one place to perform any
service? Any local lab can handle food poisoning.
> Out of curiosity though... does this mean you are actually OK with
> government funding of the CDC?
I'm not OK with the government funding the CDC, but not for any reason
discussed here. The CDC is an information clearinghouse, not a
regulatory agency.
>> Suppose I am shopping for a monitor and narrow my choice down to two
>> candidates. Different manufacturers but otherwise close enough to
>> identical to make little difference.
>
> For most consumers there is little way to know the differences (unless
> its a product that's simply been rebranded) Electronics today are
> very complex today. They aren't like buying a lumpy pillow or spoiled
> fruits.
You have an annoying habit of introducing irrelevancies.
> Further examination shows a sticker
>> from a government safety agency on one but only a sticker from a
>> private, for-profit agency, such as Underwriter's Lab, on the other.
>
> As far as I know even today it can be for-profit companies that does
> the checks (assuming the are officially recognized) but a check must
> be made my someone (at least for some kinds of devices). While such
> 3rd party checks could certainly be ignored by any particular
> justification, completely eliminating such regulations would almost
> certainly resort in far more fires.
More speculation which is really irrelevant. When I make my point, you
failed to address that.
>>...
>> So, all else being equal, which one should I place greater confidence in?
See? No answer.
>> An absolutist? Li'l ol' me? Actually, no. I am prepared to admit that
>> there are places where government regulation cannot be performed better
>> and/or cheaper than any other solution. Just because I personally have
>> not thought of any doesn't mean one doesn't exist. That is why I have
>> asked for your help. Show me.
>
> I have but you choose to reject the evidence. Fire and food safety
> regulations are two areas that seem to have had a tremendous affect on
> lifespans and protection of both public and private property in the
> 20th century.
What evidence. You repeatably refer to fire and safety but even you
can't bring them up without hedging. They "seem to" have an effect? This
shows even you are not all that confident in this "evidence."
> You can assert such regulations are harmful but in
> practice the 19th century (which didn't have nearly as many fire and
> sanitation related regulations) had far more premature deaths due to
> these causes.
Perhaps it is my studies in economics that give me alternative ways of
viewing what you just said. We are a richer people now than then. As a
people grow richer, they can and do require more safety because they are
better able to afford it. For no other reason, I would fully expect that
we live in a safer world.
Has regulation played any role whatsoever in that increased safety? Has
that role been positive or perhaps negative? Every indication I can find
points toward the negative. There have been assertions of a positive
influence, but no correlation.
> One could certainly argue this is a non-casual correlation but in my
> experience those that argue it usually seem to be basing their
> argument on blanket moralizing rather than statistical analysis of
> facts.
You are certainly not referring to me. I have kept moralizing a minimum
and used only clear statements of fact with real-life examples.
> Laws aren't only about control. They can also be about simply
> applying common sense to our behaviors.
True enough. Now apply that to regulations!
>> I differ with a "no taxation at all" stance. If government has proper
>> roles, then it must be funded. However, I recognize that there are more
>> opportunities to raise those funds with user fees, like charging
>> admission to national parks to cover the cost of the park.
>
> Then you are not an Objectivist per se.
No, I'm pretty much an Objectivist through and through. Yes, there are
some points where I may differ with Objectivist orthodoxy (and it pains
me to write the word "orthodoxy" in reference to Objectivism) but that
doesn't make me less an Objectivist. In fact, I claim it makes me more
an Objectivist because there can be no rigid acceptance of orthodoxy
except as a matter of faith. I accept nothing based on faith and that is
about as Objectivist as it gets.
> Under Rand's conceptualization
> of government there would be national parks. I don't think she would
> even support the CDC either. Essentially everything would be sold off
> as private property (other than facilities and employes related to
> Rand's minimalist government related to protection of private
> property)
This was Rand's personal views and opinions and (as strange as it may
seem) has nothing to do with Objectivism. If Objectivism is indeed an
objective philosophy, it does not rely on the personal views and
opinions of even its founder.
So I may agree or disagree with any view or opinion of any other
Objectivist, even Rand herself, without enhancing on endangering my own
claim of being an Objectivist.
> I've asked this many times over the years but no Oist has yet been
> able to answer the fundamental question as to how exactly would
> military, police courts, etc.. be paid without the use of taxation?
Just look to the past. The United States went through a tremendous
growth spurt with nothing more that use, excise and other taxes. That
is, without an Income Tax. Now the Income Tax has become so
all-pervasive that we just say the word "tax" in regards to the Federal
government and we all assume (rightfully) that we are referring to the
Income Tax.
So just because I approve of the concept of taxation does not mean I
approve of all methods of taxation. The Income Tax is an absolute no-no.
> Normally I don't support government intervention but there are special
> cases where it does seem to help. Healthcare isn't like buying a TV
> or sofa (where I would be appalled if our government set prices like
> it does our healthcare).
Strictly from an economic level, there is no difference between health
care and consumer electronics -- or automotive or housing or clothing or
mining or any other industry. Brain surgery and teeth cleaning are
effected by all the same economic principles as effect TVs or sofas.
We are talking about reality here, which is amazingly indifferent to our
hopes and desires.
> Once one becomes aware of a serious health
> problem shopping around for better pricing become very difficult
> (especially in an emergency). Many healthcare workers know that and
> end up exploiting other people's misery. (effectively price gouging)
Exploiting other people's misery. Yes, I've heard that a lot, especially
in the debate of government health care. Doctor's exploit people's
misery, pharmaceutical companies exploit people's misery, health
insurance companies exploit people's misery, and on and on.
Apparently, everyone who receives recompense for the crime of reducing
pain and suffering in our world is guilty of exploiting other's misery.
What a bleak way of looking at the concept.
So anyone who sells me food is exploiting my hunger. Well, maybe he is.
But the only way he can exploit my hunger is to relieve my hunger. The
only way anyone can exploit people's misery is to relieve that misery.
So the argument is not that doctors et all do bad. No, assuredly they do
good, vast amounts of good. The argument is 1) they do well and 2) they
do it for the wrong reasons.
Each of those arguments requires an extensive answer (which I have made
in other threads and other venues) but they don't directly concern
regulation so I will forgo for now.
>>
>> Yes, but /why/ do you feel safer?
>
> Because review naturally adds an extra layer of protection. As a QA
> guy you should appreciate that.
No, not why do you feel safer because of review -- why do you feel safer
because of government review?
> You automatically always assume government is ineffective but is that
> actually always true? You yourself previously argued a 3rd party
> private company can do fire safety checks on equipment. So why is it
> those checks are suddenly ineffective just because it was mandated by
> the government? Its still the same person doing the checks.
Sigh. I have detailed precisely why the government agency is incapable
of the effectiveness and efficiency of private business. Let me give an
analogy.
Say you have two part-time jobs, different companies but the work is the
same. You are paid to load trucks.
In the morning, you work for a company that holds you to a schedule. So
many trucks have to be loaded by the end of the shift and there is a low
tolerance for mistakes (loading an item in the wrong truck, improper
stacking, etc.). You face having your pay docked or even termination if
you fail to perform. On the other hand, you are given bonus pay if you
reach certain performance goals.
In the afternoon, you work for a company that doesn't seem to care if
you load any trucks or not or how well you load them. Your pay is the
same if you load one truck or ten trucks.
Are you going to tell me you are going to work just as hard and
conscientiously every afternoon as you do every morning? You may start
out trying to, but you will quickly learn that it just foolish to try.
It's not laziness. You will not suddenly become lazy just because it's
the afternoon. If you can do something a difficult way or an easy way,
and you accomplish the same thing either way, it is just inefficient to
do it the difficult way.
Government workers are not rewarded for good work or penalized for poor
work. Government workers are not necessarily lazy. But they are efficient.
> Private industry is usually cheaper but that has to be also put into
> the context that there is no large state in the world that is both
> completely deregulated and untaxed.. Essentially Rand theorized a
> system that has never been demonstrated to work. I would note
> communists theorized a system too. The result was much different than
> their predicted results. IMO this is why it pays to be cautious before
> asserting something with confidence.A single test is a worth a
> thousand theories.
Empty words based on nothing. In the early days of the US (and Canada
too, I would imagine) taxation was very low and regulation was
essentially non-existent. Yet growth and wealth generation was
phenomenal, probably unmatched in all of human history. So Rand was not
just theorizing, she was looking at recent history.
Besides, the basis for your entire line of argument thus far was that
regulation was necessary for safety. Are you now claiming that
regulation allows for more efficient (cheaper) operation of private
businesses? If so, you really have your work cut out for you to support
that.
--
TommCatt
Occam's Razor: the simpler an explanation, the more likely it is to be true.
Murphy's Blunt Instrument: the more convoluted and conspiratorial an
explanation, the more likely it is to be believed.