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Nuclear War and the State

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Q22 Posted: Tue, Oct 16 2007 11:07 PM

Assume the following scenario:

There is a nuclear war coming. The only way for such a war to be stopped is if the state intervenes by illegitimately collecting taxes from a group of people who otherwise would not pay them and then acting.

Obviously this is completely hypothetical, so lets not add any more side constraints for now. 

Is such an act legitimate? And more importantly, does the impact of the state intervening and therefore stopping nuclear war outweigh the impact of robbing some citizens? 

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Bostwick replied on Tue, Oct 16 2007 11:17 PM

Well, lets see.

Nuclear weapons only exist because of the State taxing people in order to "defend" them.

How do we know nuclear war is coming? Are the missiles already flying?

How does a government taking money from people stop nuclear war? Governments do not achieve their goals, they do not protect people.

Of course it is not legitimate!

If there is a real threat, markets can solve it. Government won't.


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Q22 replied on Tue, Oct 16 2007 11:43 PM

Jon, thanks for the response. Do you think you could give me some specific references to where I could find information about each of the points you made?

  I know nuclear weapons only exist because of the state, but my question, I guess, is supposing we're deciding whether it would be just for a single government to act in response to another government would it be justified. That is, if country X develops nukes and threatens to use them, could the government of country Y tax its people (against their will) to stop the threat? And if it can't do so legitimately, would the impact of the taxation be worse than the devastating impact of a nuclear war?

 As far as your point that there's no way the government can know that there's a nuclear threat, why not? 

 Assuming that if the government did tax it would solve the nuclear crisis (through a singular diplomatic act, assume for the purposes of the question that its only going to be one), what is your response?

Is there a theoretical reason that the government can't protect its people or is it just a practical limitation? i.e. could there hypothetically be a government that protected its people from nuke war? It seems to me that there could be. 

Even if its not legitimate, are the consequences of nuclear war more grave than the consequences of taxation? It seems to me that is the case, so why is taxation still illegit?

And how could the market solve nuclear war if what was demanded was some sort of diplomacy or military intervention?

Thanks! I know its alot of questions but I'm in need of some answers. 

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Bostwick replied on Wed, Oct 17 2007 12:49 AM

Sure. I love to hear myself type.

The main point is that when States fight wars it not doing it on behalf of its citizens, it is doing to increase its own power. Always. It kills its citizens with wars, it doesn't protect them!

Q22:
That is, if country X develops nukes and threatens to use them, could the government of country Y tax its people (against their will) to stop the threat?

Threaten to use them? Saying that "no options are off the table" is a threat of nuclear war. Would any nation be justified in attacking the USA if George W. Bush said those words? Of course not. Its going to take a lot more than vague language. And even if a world leader said, "Tomorrow at noon, we will nuke New York." What reason do we have to believe them? If they wanted to use a nuke, they wouldn't advertise it. I don't buy into the "threatening to use" propaganda.

 

Q22:
 As far as your point that there's no way the government can know that there's a nuclear threat, why not? 

What I said is that there is no way to see the future. How does a government know nuclear was is unavoidable? It can not, thus can never act as if it does.

Owning a nuclear weapon is not a crime, no more than is owning a gun. 

 

Q22:

Assuming that if the government did tax it would solve the nuclear crisis (through a singular diplomatic act, assume for the purposes of the question that its only going to be one), what is your response?

Is there a theoretical reason that the government can't protect its people or is it just a practical limitation? i.e. could there hypothetically be a government that protected its people from nuke war? It seems to me that there could be. 

Both. The Federal Government collects taxes from Americans to prevent terrorism, but 9/11 happened.  Stealing is wrong, if people do not feel nuclear war is imminent why should we believe a government can force them to pay for it anyways?

Which brings us to markets.

 

Q22:
And how could the market solve nuclear war if what was demanded was some sort of diplomacy or military intervention?

If people are truly worried about nuclear war, they won't need a government to steal their money in order to organize a defense. The market, like government, is a system to organize efforts, the only difference is it is voluntary rather than compulsory.

But you have to figure out the best way to protect yourself from nuclear war, and the answer is simple: Stop invading other nations. Don't need a tax to do that.

 

 

  

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JonBostwick:
Owning a nuclear weapon is not a crime, no more than is owning a gun.
 

I don't usually get into the morality issues but...

I can think of no legimate reason for a person or a State to own a nuclear weapon. It has very little use as a defensive weapon and offensive uses are blatantly immoral to say the least. 

A gun on the other hand has many productive uses like going out to hunt down some food or personal defense. 

Even if one were to use a nuke in a purely defensive situation the chances of rendering other's property unusable is almost a certainty through things like nuclear fallout irradiating other's land. The owner could never have enough insurance to cover the damages caused by the use of such a device so if they were to kill themselves in the process there is no possible way people could be justly compensated for its intended use.

While this would deter most law abiding anarchists there's always a crackpot out there. 

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The State has no power that was not delegated to it. We do not believe that private citizens should have the right to force others to defend their well-being, why should we believe that a government somehow magically gains this power that no single person possesses? The government is simply an appointed guardian of rights (supposedly.) The 'protection' it is providing in this case would ultimately be the result of its own galavanting around the world.

 I agree with Anonymous Coward btw - a nuclear weapon is not something suited for self-defence, unlike a gun. 

 

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jdavidb replied on Wed, Oct 17 2007 9:36 AM

Q22:

There is a nuclear war coming. The only way for such a war to be stopped is if the state intervenes by illegitimately collecting taxes from a group of people who otherwise would not pay them and then acting.

Obviously this is completely hypothetical

 

I believe that such a situation is tautologically impossible.

If the state can prevent the war by gathering resources from its citizens, then the citizens can prevent the war by banding together and pooling their resources.

Of course, you've added the constraint that the people will "otherwise not pay them" (the resources).  This implies that the people do not believe the benefits of pooling their resources in this case outweigh the benefits of not doing so.  In other words, they most likely do not believe there really is a nuclear war coming.

So you've got two possibilities:

1) Somebody has knowledge about the likelihood of war that is not shared by the general public.  In this case, the solution is for him to disseminate his knowledge.  After doing so, the public will be convinced, and the constraint that they will not act to expend their resources to stop the war will go away, and the hypothesized problem vanishes.

2) Somebody has knowledge about the likelihood of war that is not agreed on by the general public.  In other words, they already know what the implied thinker in your scenario knows, and they are not persuaded that war is certain.  In this case, you are hypothesizing a situation where somebody should decree that his judgment is infallible, or else more reliable than millions or perhaps billions of other people.  Since he does not even know what he "knows" well enough to prove it to these people, by what basis is his judgment more reliable?  He would not only be morally wrong to use his "superior judgment" (as appraised by himself and no other authority) as justification for appointing himself benevolent overlord and committing tyranny to save people from themselves, doing so would be exceedingly risky since by definition lots and lots of other people disagree with his judgment and his competence is therefore in question.

At root, if a situation such as you describe occurred, there could not by definition be any person who could see it.  You're hypothesizing perfect knowledge, outside of the situation.  But in the real world nobody has perfect knowledge.  We have only our own imperfect judgments.  You won't have somebody from outside the world with perfect knowledge that war is coming who could make the decision you are contemplating.  Instead you will have people who either know something the rest of the world does not and should share it, or people who are very wrong and think they are right.

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jdavidb replied on Wed, Oct 17 2007 9:47 AM

Q22:

 

Is there a theoretical reason that the government can't protect its people or is it just a practical limitation?

Because protection (security) is a good like any other and goods cannot be efficiently allocated without a free market.  The government may err in providing too much protection, or too little.  It is very unlikely to select just the right amount.  Its selection will most likely result in underallocation for the production of other goods.  This might be trivial (we have a shortage of Gillette disposible razors this year as a cost of stopping nuclear war with government) or nontrivial (we stopped the war, but we regulated our economy so much we caused a famine we won't escape for twenty years).  And since value is subjective, so are my "trivial" and "nontrivial" labels.  The man who can't shave his ugly beard and loses the girl of his dreams he was courting and knows we could've saved the country without a government and he would've gotten his razor may well disagree with my "trivial" label.  (Yes, I'm being silly. :) )  Meanwhile, Hayeks Road to Serfdom shows us how the costs in liberty that we pay for such government protection become permanent and ever-increasing costs.  We save the country, but lose our liberty.  Since we know that the country could've been saved without losing our liberty (by voluntary action), that is not a price we should be willing to pay.

Q22:
i.e. could there hypothetically be a government that protected its people from nuke war? It seems to me that there could be. 

Well, yes.  As I said, a government might happen to allocate just the right amount of security production.  But it'll screw up the relative allocation of at least two other goods.  The cost of the salvation you're envisioning is going to involve the government taking over allocation of a lot of different things, and while it might allocate one of them just right (though the chances of that are vanishingly small), the chances of getting all of them, or even two of them, just right are going to be utterly impossible.

What you're asking is if a government can solve the economic calculation problem for the good of security.  Since von Mises demonstrated that single actors can't solve the economic calculation problem, the answer is "basically, no."

Now, an institution that provides security on a free (anarchistic) market might be called a government, and this is another scenario where government could protect its people from nuclear war. 

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jdavidb replied on Wed, Oct 17 2007 9:50 AM

Another way to put this problem:

Should we ever socialize the production of the service of security?

The answer is, if you really want to ensure you get something, socializing it is not a good idea.  If it's really important, the best way to make sure you get it is to have a free market.  Unfortunately, this conclusion is counter-intuitive to most people.  So we hear the logic that we cannot take the "risk" of freedom for things that are really important: security, transportation, the money supply, education, health care, food.  But they are missing the fact that the risk of the free market is less than the risk of socializing the production of the good or service under question.

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Stranger replied on Wed, Oct 17 2007 2:11 PM

If you have a nuclear war looming, it is your responsibility to assume, not the responsibility of others to pay for. 

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Bostwick replied on Wed, Oct 17 2007 5:10 PM

Anonymous Coward:

I don't usually get into the morality issues but...

 

Its not a morality issue, its a legal issue. Owning one is not a crime. Unless you believe a libertarian society would form prohibitions. 

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JonBostwick:
Its not a morality issue, its a legal issue. Owning one is not a crime. Unless you believe a libertarian society would form prohibitions. 
 

All legal issues are essentially morality issues. There is no such thing as 'laws' outside of human perception.

It just seems rather odd that owning something with no legitimate use, even to the owner, would be allowable in a free society. Sure someone could turn one into an art-deco coffee table and somewhat justify ownership but there is no way they could be held responsible if they ever decided to use it to its full potential.

All I can see is a situation developing like "buy this magazine or I shoot this dog"... 

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Bostwick replied on Wed, Oct 17 2007 7:29 PM

Anonymous Coward:

All legal issues are essentially morality issues.

 

Not true.  Not even in anarchy.

Most people would agree that allowing a person to starve to death even though you have food to share would be immoral, but it most definately is not illegal.  



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Stranger replied on Thu, Oct 18 2007 6:32 AM

Anonymous Coward:

JonBostwick:
Its not a morality issue, its a legal issue. Owning one is not a crime. Unless you believe a libertarian society would form prohibitions. 
 

All legal issues are essentially morality issues. There is no such thing as 'laws' outside of human perception.

 

Legality and morality have nothing to do with each other. Legality is about maintaining the social peace between individuals and groups. Morality is a code of personal conduct.

This is why, for example, although abortion or drug use are immoral, they cannot be made illegal. 

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I've seen Austrians use 'ethical' (i.e. what one should have the right to do) for what should be 'legal' usually, in contrast with what is 'moral' (i.e. what should be done.)

 

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Torsten replied on Thu, Oct 18 2007 9:21 AM

Inquisitor:
The State has no power that was not delegated to it.
What do you mean? I assume you mean that the state didn't get power via delegation/consent and the like. In some cases this it is possible for a goverment to gain power by force over another territory and the people living in it. Power gained by conquest. This is not necessarily always the case. Power or a claim to it is often legitimized by tradition, popularity or a mixture of it. In fact in most cases the power of governments and states rests on a mixture of tradition, popularity, consent and of course the fact that they have the most power in a given territory. Quite usually kings, cities, magistrates gained their rights to power via a historical process. That does not mean that they often helped themselves in this process via the use of violence and of course they defended their given position by using it.

Inquisitor:
We do not believe that private citizens should have the right to force others to defend their well-being, why should we believe that a government somehow magically gains this power that no single person possesses? The government is simply an appointed guardian of rights (supposedly.) The 'protection' it is providing in this case would ultimately be the result of its own galavanting around the world.
... That again depends on the legal order you are dealing with. By law many governments have given themselves these "rights" (conscription). It's the same as with any other rights. They are constructed principles guiding the claims of people or legal entitites. Some rights have only a better foundation then others, while others are simply absurd.   

Inquisitor:
  I agree with Anonymous Coward btw - a nuclear weapon is not something suited for self-defence, unlike a gun. 
The usual argument for Nukes is that they are a deterrent to anyone that may dare to attack.

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jdavidb replied on Thu, Oct 18 2007 11:17 AM

Torsten:
Inquisitor:
The State has no power that was not delegated to it.
What do you mean?

This is supposed to mean that states, like any other institution, may not ethically take any action that may not be ethically taken by those who employ the state as their agents.  For example, the state doesn't magically get the right to take money that doesn't belong to it, because it's just an institution formed by individuals, and those individuals don't have the right to take money that doesn't belong to them.  Of course, it would have the right to require contribution of funds as a condition of membership, and refuse membership to or expel from its ranks those who don't comply.

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Bostwick replied on Thu, Oct 18 2007 12:36 PM

Stranger:

This is why, for example, although abortion or drug use are immoral, they cannot be made illegal. 

 

I disagree. Abortion, unlike drug use, is an interpersonal act. It can be made illegal. 

Legality involves ownership and rights.Morality is an evolved understanding of the practically of actions. It does not need police enforcement, it is laws of nature.

The unborn and the father both have legal rights. But I dont want to hijack the thread with abortion.

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Stranger replied on Thu, Oct 18 2007 3:00 PM

The fetus is not a legally emancipated person. It is under the ownership of the mother and father and their respective parties. If both agree to an abortion, there is nothing that can be legally employed against them. 

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Bostwick replied on Thu, Oct 18 2007 3:50 PM
Stranger:

The fetus is not a legally emancipated person. It is under the ownership of the mother and father and their respective parties. If both agree to an abortion, there is nothing that can be legally employed against them. 


People do not own each other. Parents do not own children.

A parent may "abandon" a child, but they may not murder him. Today we see parents willingly kill a fetus that is mature enough to survive outside the womb.

Obviously, I don't expect an institution will stamp out the procedure of abortion. But I don't find it hard to imagine that either charities or businesses will come to the legal defense of the unborn and be granted "guardianship".

The most important aspect of a free society for defending the unborn would the development of a "baby market." Imagine if a woman had to pay the legal guardian the price of an infant if she killed the fetus!

I dont claim to be able to predict what free market justice will look like, but theres no reason to believe that just because something is impratical today it will not work in the future.

 

 

 

 

 

 

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Torsten:

What do you mean?

I mean that they posses no greater rights than individuals can grant them (e.g. no person has the right to murder, and neither does the State.) Anything beyond that is a privilege. 

... That again depends on the legal order you are dealing with. By law many governments have given themselves these "rights" (conscription). It's the same as with any other rights. They are constructed principles guiding the claims of people or legal entitites. Some rights have only a better foundation then others, while others are simply absurd.

Assuming we wanted a legal order consistent with self-ownership, in which the government ruled entirely by consent, it'd only have those powers granted to it by the individuals making it up. It could definitely conjure up other powers for itself, but if it were so that it exercised these without the consent of the ruled, it'd be an ordinary rights-violator.

The usual argument for Nukes is that they are a deterrent to anyone that may dare to attack.

True, that is a valid argument for them I suppose. 

 

 

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Stranger replied on Thu, Oct 18 2007 6:06 PM

 

JonBostwick:

People do not own each other. Parents do not own children.

A parent may "abandon" a child, but they may not murder him. Today we see parents willingly kill a fetus that is mature enough to survive outside the womb.

Obviously, I don't expect an institution will stamp out the procedure of abortion. But I don't find it hard to imagine that either charities or businesses will come to the legal defense of the unborn and be granted "guardianship".

You cannot pursue a parent that mistreats his child without invading his property. Whether or not you loathe the idea, either the parent owns the child or the state owns both the child and the parents.

This is why instead of criminal prosecution for getting an abortion the state must prohibit abortion clinics, resulting in the creation of a black market for abortion. Your alternative is disincentivize abortion, but that still leaves it in the realm of morality and not justice. There is no materially possible way to outlaw abortions. 

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Torsten replied on Fri, Oct 19 2007 1:01 PM

Inquisitor:
I mean that they posses no greater rights than individuals can grant them (e.g. no person has the right to murder, and neither does the State.) Anything beyond that is a privilege.
But that's what makes out the difference between a citizen or subject and governments/states. They hold certain priviledges, authorities, potencies which normal individuals don't. Usually this has to do with jurisdiction and taxation, but it also entails the ius ad bellum - The right to wage war.

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Bostwick replied on Fri, Oct 19 2007 4:42 PM
Stranger:

 

JonBostwick:

People do not own each other. Parents do not own children.

A parent may "abandon" a child, but they may not murder him. Today we see parents willingly kill a fetus that is mature enough to survive outside the womb.

Obviously, I don't expect an institution will stamp out the procedure of abortion. But I don't find it hard to imagine that either charities or businesses will come to the legal defense of the unborn and be granted "guardianship".

You cannot pursue a parent that mistreats his child without invading his property. Whether or not you loathe the idea, either the parent owns the child or the state owns both the child and the parents.

This is why instead of criminal prosecution for getting an abortion the state must prohibit abortion clinics, resulting in the creation of a black market for abortion. Your alternative is disincentivize abortion, but that still leaves it in the realm of morality and not justice. There is no materially possible way to outlaw abortions. 


Neither the state nor the parents owns the child. The child owns himself. It is the State that declares children nonpersons and puts them at the mercy of their parents.

Remember, we are talking about a free market system, not one that is centrally planned. Human interaction will determine the best way to manage justice. All philosophy needs to be concerned with is how to define property.  It is self evident that children possess the same natural rights as adults. If most people are opposed to child abuse, a free society would reflect that.

"Outlawing" abortion is in the realm of morality.The point of a legal system is defend ownership. A libertarian justice system would not use penitentiaries, so called, "disincentives" are the basis of justice. If someone burns down my house, they are liable to build me another. Invading property would be a part of this system,  reposition would occur.

Children are free to leave their parents and find someone else willing to support them. In the case of an unwanted infant, or fetus, it would be possible for an external to claim the child through "homesteading" rules. And penalty for a parent who commits abortion but refuses to reimburse the "guardian" could be passive, such as the loss of trade rights.

The issue is clearly a dispute of ownership and thus a legal matter.


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JonBostwick:
In the case of an unwanted infant, or fetus, it would be possible for an external to claim the child through "homesteading" rules.
 

That womb 'homesteading' argument doesn't go over too well with the ladies at the bar I'm sorry to say...

What limits are there if that were allowed, say I decide to homestead your kidneys then you received medical treatment. By your logic you would be required to reimburse me the cost of a couple of kidneys.

As long as the little bugger is still inside the mother there is no legal distinction between the two. If she choses not to carry it to term and someone were to pay her to do so then if she aborted the pregnancy she would be liable for the contractual amount but if someone just came up and said "I want your baby" and then tried to sue her for the cost of a child after the abortion, that's just absurd.

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Bostwick replied on Fri, Oct 19 2007 7:24 PM

Anonymous Coward:

By your logic you would be required to reimburse me the cost of a couple of kidneys.

 

A human is not a kidney. Remember how I said law is built around ownership? a kidney has no rights independent of mine. 

 

Anonymous Coward:
As long as the little bugger is still inside the mother there is no legal distinction between the two.

Thats why I said an abandoned fetus. Killing a fetus is not the only way to expel it.

A woman is not legally required to raise a child, but she is legal required to not kill him. Her legal requirements to her children are the same as they are to everyone else.  

Anonymous Coward:
if someone just came up and said "I want your baby" and then tried to sue her for the cost of a child after the abortion, that's just absurd.

No, its not. No more absurb than sueing someone who attacks a woman and causes a miscarriage. 

Try to argue with logic, not appeals to emotions.

 

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JonBostwick:
Try to argue with logic, not appeals to emotions.
 

OK...

You are advocating forcing someone to do something against her will, even though it is a life threatening procedure, because the alternative is against *your* sense of morality.

That is the logical basis of your argument.

You can dress it up all pretty and all that but it is no different than the arguments for conscription.

JonBostwick:
No more absurb than sueing someone who attacks a woman and causes a miscarriage.

Big difference there. On one hand you have someone who voluntarily terminates her pregnancy and in the other you have someone who violates her rights with tragic consequences. 

Without a legal definition that an unborn person has full human rights the first one isn't a crime and the second one is. It would be perfectly feasible to sue the attacker over the loss of property but murder would depend on the afore mentioned legal status being in place.

It's a slippery slope once you start basing laws on the moral opinion of a minority of the population. 

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Bostwick replied on Sat, Oct 20 2007 11:28 AM

Anonymous Coward:
You are advocating forcing someone to do something against her will

No kidding. The whole point of a legal system is to force people to respect the rights of other.

You seem unwilling to even consider that children have rights. You quote my supporting points, not my argument.

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JonBostwick:
You seem unwilling to even consider that children have rights.
 

Children undoubtedly have rights but what is at issue here is if unborn children have the same rights as their born brethren and if those rights extend to the conscription of their mother into the service of their 'cause'. 

But we seem to gotten way off the Nuclear War and the State issue so I would suggest if you wish to continue this discussion that another thread would be appropriate so others could also participate.

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Stranger replied on Sat, Oct 20 2007 6:34 PM

 

JonBostwick:

Anonymous Coward:
You are advocating forcing someone to do something against her will

No kidding. The whole point of a legal system is to force people to respect the rights of other.

No it is not. The point of a legal system is to restore justice to people whose rights are violated.

 

You seem unwilling to even consider that children have rights. You quote my supporting points, not my argument.

Children may have rights, but they are unable to exercise them until they grow up. Until then, they must either belong to their parents, or to the state. They cannot belong to everyone, that would be communalizing them. 

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Torsten replied on Sun, Oct 21 2007 6:33 AM

JonBostwick:

No kidding. The whole point of a legal system is to force people to respect the rights of other.

Well that depends on the social, moral and legal theory a legal system is based on. It is basically a matter of ideology and world view. Present Western legal systems mainly follow a positive rights theory in that approach. They work with the assumption that rights (i.e. of people or organizations) do exist and that they are worthy to be protected against violations. But one can also think of other approaches. It is even possible to ignore the assumption of personal rights, but base the legal system on specific social norms and values. Violations of those norms would then be sanctioned with punishments considered to be due, for this kind of behaviour. Examples of this are to be found within the Moses books in the Bible, but also in many societies that preceded the modern state. I think Hegel distinguished between different moral and legal spheres. Something in the line of ethics, morals/customs, and rights/laws, but I would have to look at it.

Nuclear War doesn't have anything to do with rights or legal systems. It is simply an expression of power and might. And might always breaks right, unless a mightier (or more brutal) force is utilized to defend this what is considered to be right (or a set of rights). Against the use of nuclear weapons there is no certain defense possible. If they are used against a country the inhabitants can but run for cover and hope that the damages are of a nature that does still allow for rebuilding what is left the day after.  

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Bostwick replied on Wed, Oct 24 2007 6:21 PM
Stranger:

 

JonBostwick:

Anonymous Coward:
You are advocating forcing someone to do something against her will

No kidding. The whole point of a legal system is to force people to respect the rights of other.

No it is not. The point of a legal system is to restore justice to people whose rights are violated.

Justice is when people respect others rights of property. Legal systems brings that about, after the fact.

 

Stranger:

 

You seem unwilling to even consider that children have rights. You quote my supporting points, not my argument.

Children may have rights, but they are unable to exercise them until they grow up. Until then, they must either belong to their parents, or to the state. They cannot belong to everyone, that would be communalizing them.

 

Children by living with their parents consent to their parenting, but that does not mean parents own them.  If a child runs away, who is to force him to return to his parents? This is anarchy, there is no state. Why bring it up?

You can not own people.
 

 

 

Peace

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WalterEC replied on Wed, Oct 31 2007 3:34 PM

Q22:

Assume the following scenario:

There is a nuclear war coming. The only way for such a war to be stopped is if the state intervenes by illegitimately collecting taxes from a group of people who otherwise would not pay them and then acting.

Obviously this is completely hypothetical, so lets not add any more side constraints for now. 

Is such an act legitimate? And more importantly, does the impact of the state intervening and therefore stopping nuclear war outweigh the impact of robbing some citizens? 

 

This scenario is so ridiculous that discussing it is of no profit

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