Oregon Appeals Court Violates Employer’s Rights For Medical Marijuana Patient
Unconstitutionality Of Executing Child Rapists Decided By Popular Demand
Objectivist commentary on the daily life of the one and only Steven M. Paquin.
Oregon Appeals Court Violates Employer’s Rights For Medical Marijuana Patient
Unconstitutionality Of Executing Child Rapists Decided By Popular Demand
John Stossel's recent article, "Legalize All Drugs" only addresses minute problems at the tip of the drug criminalization iceberg. He only disproves three simple falsehoods: heroine and cocaine have permanent effects, crack is highly addictive, and drugs cause crime. These are merely misconceptions; they do not concern the immoral and vicious nature of drug criminalization. Identifying these fallacies as the problems with drug criminalization is like identifying ill mustache fashion sense as the problem with Hitler. Stossel only makes one baby step towards drug criminalization's immoral core when he states that "in a free country, adults should have the right to harm themselves." Drug criminalization deserves a more serious attack because it is a serious vice.
Though Stossel's statement approaches the moral implications of drug criminalization, it has a disturbing element. Using the word "should" and saying, "in a free country" implies that the government gives its citizens rights. The fact is rights are natural; therefore, they are not given, they are inherent in every human being. The fundamental problem with drug criminalization is that it violates natural rights. Thus, the argument is not that the government should legalize drugs because adults should have the right to harm themselves, but that the government is vicious to criminalize drugs because adults have the right to harm themselves.
Man has the natural right to life, liberty, pursuit of happiness, and property. These are objective rights, though I will not prove them here. That is a topic for another time. Since man has these natural rights, he may exercise so long as he does not violate others' natural rights. If one man violates the natural rights of another, he is initiating force because he is the first to use violence. Therefore, the man who responds to this first use of violence is not initiating force, he is only defending himself. For example, Adam tries to murder Bill, but Bill responds by killing Adam. The vicious individual is Adam because he initiated force against Bill; he tried to violate Bill's natural rights. The virtuous individual is Bill because he did not initiate force against Adam; he did not try to violate Adam's natural rights. Bill only used violence against Adam to protect his own natural rights. This is defense force.
Drug use and distribution does not violate any individual's natural rights; these acts do not initiate force. Of course, some will argue that drug users and distributors do initiate force by stealing and killing. However, it is the acts of thievery and murder that are initiations of force, not using and distributing drugs. For example, neither shipping milk nor drinking milk is an initiation of force. Even if a milk shipper murders his competition and a milk drinker steals money to buy milk, shipping and drinking milk are still not initiations of force. It is killing and stealing that violates natural rights, not shipping and drinking or distributing and using.
Therefore, when the government criminalizes drugs it must act viciously and contradict its own purpose. Government's purpose is to protect individuals' natural rights, meaning the government must use force against initiators of force. For example, when the government arrests murderers and thieves it uses force — involuntary captivity — against violators of natural rights. In those circumstances the government is using defense force and acting virtuously. Basically, the government is acting similarly to Bill in the previous example.
However,in the case of drug criminalization the government acts viciously like Adam. As already stated drug use and distribution does not initiate force. Since there are no natural rights under attack, the government cannot use defense force. The government is the first to use force; consequently, it is the government that violates natural rights by criminalizing drugs.
Furthermore, the government contradicts its own purpose by criminalizing drugs. Once again, the government's purpose is to protect natural rights. However, by criminalizing drugs the government must initiate force, must violate others' natural rights.
Though I do agree with Stossel's article, it misses all of this completely. He argues drug criminalization is incorrect because of its mischaracterization of drugs. Thus, he suggests that if heroine and cocaine had permanent effects, crack was highly addictive, and drugs caused crime, then drug criminalization would be fine. The fact is, even if these falsehoods were true, drug criminalization would still be vicious because it would still violate others' natural rights and still contradict the government's purpose.
While interning at MPP in the past week I posted an article concerning a drug stamp tax. Reading the article I came to understand that about thirty states impose taxes on illegal drugs like marijuana. What marijuana distributors and users are supposed to do is anonymously file a form indicating how many grams of the illegal drug they have. They are then taxed so much for each gram, and printed a stamp for each gram. These stamps are then supposed to be placed on their bags, boxes, containers, etc. of the illegal drug to certify that they have paid the drug stamp tax. However, if an individual chooses not to pay this tax he suffers no consequences, that is, unless he is busted. If a drug distributor or user is arrested for any number of drug charges in a state that has a drug stamp tax and the distributor or user did not pay the tax, the distributor or user is then fined for not paying the tax.
In my post entitled “Exchanging Violence For Violence” I was trying to capture the conflict between outlawing something, yet then relying on it while it is outlawed. However, it is also applicable in a much broader sense, for example identifying something as vicious, yet then relying on it. Unfortunately, I do not think I understood the conflict as well as I thought I did; therefore, I do not think I explained it that well. However, by learning about the drug stamp tax, I think I understand it more fully and thus can explain it more efficiently.
In several previous posts I have explained the problems with taxing and criminalizing drugs; consequently, I will not explain them here. However, just know when the government combines the criminalization of drugs and taxes on those illegal drugs, like with this drug stamp tax, the government is combining two vicious acts and contradicting its purpose twice over. More importantly, however, the drug stamp tax shows a contradiction in the government’s opposition to drugs. The government claims it does not want to legalize drugs. The government claims drugs are vicious and need to be eradicated. However, thirty states are charging taxes on these vicious and illegal substances that need to be eradicated. The government is gaining funds through the existence of these illegal substances. Clearly, the government wants these substances to exist so that it can collect money. While it says that drugs should be eradicated it is relying on them. The same goes for tobacco. The government’s stance is that tobacco is bad, vicious, evil, and that people should stop using it. They have banned tobacco television ads and imposed warnings on the tobacco packages. However, the government charges an outrageous tax on tobacco products. Once again, while the government claims tobacco should be eradicated it relies on it. The government does not want to eliminate tobacco, or drugs. If drugs were legalized the government would obviously impose an enormous tax on it, not because it thought the tax would eliminate drugs. That has failed for several years with tobacco. The government would impose a tax on drugs in order to sustain its existence.
If the government really thought drugs and tobacco were so evil that they should not even exist, the government would not leech itself onto them. The government would not freeload on the success of drugs and tobacco. That is like saying, “Oh, I hate the Nazis. I think Nazis are vicious and should not exist,” yet the person goes to Nazi owned museums stocked with works stolen from Jews. If one believes something is wrong, he cannot then rely on it. That is a moral compromise. That is vicious. I do not believe any example makes that more clear than a drug stamp tax on drugs that the government declares illegal.
I recently finished the most well regarded war philosophy text, The Art of War, by Chinese general Sun Tzu who lived from 544—496 B.C.. I found it very interesting, for at one time I had considered working for the federal government in the area of defense and security. Furthermore, before I learned I had diabetes I had considered joining the military, and even after I had diabetes, I continued desiring joining the military and knew I would join if I was ever cured. Of course, now I recognize that the majority of the time the government does not use the military for defense and security. Often times the military is used to initiate force instead of defending
This appears to be a contradiction because everyone has the same natural rights, hence natural, yet I believe the institution whose purpose to protect natural rights should only protect certain individuals natural rights. However, there is no contradiction. The
However, this has little to do with The Art of War, of course, Sun Tzu does recommend that the military behave rationally selfish. He argues similarly that the military is to protect a specific state and should not embark on extracurricular activities. Of course, I would argue the military's purpose is not to protect the state, but its select individuals natural rights.
Sun Tzu also does not argue that a military should initiate force. From reading The Art of War I have a general sense that at the time Sun Tzu wrote this, several Chinese states were warring and competing with one another. Therefore, Sun Tzu definition of a just invasion probably includes initiating force against an opponent state when that state is weak even though that state has not initiated force. Sun Tzu, of course, is wrong. That state should not be attacked. However, if state A initiates force against state B, then state B would benefit from following Sun Tzu recommendations. Basically, one should only read Sun Tzu's The Art of War to know how to defend one's self.
At it's foundation, The Art of War's theme is that "all warfare is based on deception." I would have to agree, and I would argue that it is perfectly virtuous for a defender to deceive his attacker in any way, so as to be victorious, meaning to defend one's self, to achieve security, to avoid the death the attack is threatening him with. There is a fantastic section where Sun Tzu basically argues that if one is far away, make the enemy think one is close, if one is about to attack, make the enemy think one is not going to attack, if one is close, make the enemy think one is far away, if one is not going to attack, make the enemy think one is about to attack.
This basic idea also expands to where Sun Tzu recommends one should attack the enemy. Everyone considers attacking the enemy basically head-on, while Sun Tzu recommends attacking weakly defended locations far from the enemy's current position. For example, if the enemy has a strong base, and then several miles away is a weakly guarded outpost, train station, airport, depot of supplies, etc. the second location should be attacked. According to Sun Tzu, once the enemy knows that place is being attacked, it will rush from its camp to the attacked location. By rushing the enemy is weakened; therefore, one should continuously attack weakly guarded distant locations. Consequently, one will usually be victorious because he is confronting few soldiers; therefore, few one's own soldiers will die, the location will be captured, and the enemy will rush to the attacked location and thus become weak. Eventually, the enemy will be so weak from rushing around, it will be suitable to attack him. In the end he will be defeated, and few of one's own soldiers will be lost.
Another interesting concept of Sun Tzu's is that one may know how to attack, yet not be able to attack. Constantly, Sun Tzu states that only the opponent chooses when he may be attacked. This is because only the opponent can make a mistake, and only when the opponent makes a mistake may one attack him. By making a mistake the opponent weakens himself, and presents the possibility of a defeat with very few deaths of one's soldiers. However, Sun Tzu states one should not attack the opponent even if he has presented a mistake if one does not know his own army. If one does not keep his army well supplied, well fed, well rested, well disciplined, any attack even in the face of an opponent's mistake will be futile. In short, one should know his self, and one should not his enemy.
Additionally, one should know the terrain, surroundings, environment. Sun Tzu states at one point if one knows the enemy, yet does not know his self, one is half way to victory. If one knows his self, yet does not know the enemy, one is half way to victory. If one knows his self and knows the enemy, yet does not know his surroundings, one is still only half way to victory. Basically, a combination of the surroundings and the enemy's mistake and the condition of one's army determine which form of attack is most efficient, meaning which destroy as many enemy soldiers while losing as few of one's own soldiers.
Also, in a few small sections Sun Tzu states that soldiers should not be allowed to practice rituals or follow superstitions. According to Sun Tzu, then nothing will be feared as an omen, the only thing that will be feared is death. Though Sun Tzu does not say that omen's are false, he certainly does imply it. If the omen's had any truth to them, Sun Tzu would certainly want the general to be aware of them so as to battle efficiently. If an omen basically stated the next time the general issues an attack all his soldiers would die, the general should certainly adhere to it, if it is true. By recommending that no soldier adhere to any omen, superstition, ritual, etc., Sun Tzu basically states they have no truth to them.
This is echoed by Sun Tzu's major theme second only to deception; victory is in one's hands. Though Sun Tzu does state that only the enemy can choose when he is attacked, for only he can choose to make a mistake, Sun Tzu does not allow anyone to claim natural disasters, superstitions, or the enemy's attack as causes for one's own defeat. According to Sun Tzu, the environment needs to be understood so as to know what to avoid, what to utilize, and how to utilize it. A flood could wipe out one's own troops, or one can determine a way to bait the enemy into the flood, while keeping one's own troops out of the flood. Superstitions, as previously stated, are implied to be false. Finally, since the enemy chooses when he makes a mistake; thus, choosing when me may be attacked, one chooses one's own mistakes; thus, one chooses when the enemy attacks. Essentially, Sun Tzu emphasizes a strong person responsibility, and an adherence to reality and truth. Though he is lacking in other philosophical areas, for example when it is virtuous and when it is vicious to use force, Sun Tzu does understand what is correct and incorrect to do once one is in a conflict. However, as I just stated, Sun Tzu does not make clear who is virtuous and who is vicious; therefore, he does not state that the vicious general should surrender, while the virtuous general should persevere until the vicious general surrenders. However, if one approaches Sun Tzu's recommendations from the point of the virtuous defender, his recommendations are very useful and almost correct. Unfortunately, Sun Tzu's work is not absolutely correct. It has false points because his philosophy of war is only concerned about war itself. It is not structured around a completely philosophy concerned with truth and morality, yet, astonishingly, many of his points are virtuous and correct, as long as they are approached from the defender's point of view.