Palmer on Patents

Palmer's recent comments about patents are interesting in view of his previous publications about intellectual property.

First, around 15 years ago, Palmer published two law review articles (Intellectual Property: A Non-Posnerian Law And Economics Approach and Are Patents And Copyrights Morally Justified? The Philosophy Of Property Rights And Ideal Objects) arguing against patent and copyright and also critiquing the wealth-maximization "law and economics" approach of Richard Posner. Note that he opposed patents on principled grounds, and rejected the wealth-maximization approach. E.g., as he noted in the first article (p. 303),

A jurisprudence that claims to be based on “law and economics” but that would constructively assign or rearrange rights as part of a strategy to achieve some pre-determined outcome (maximization of utility or of wealth, for example) overlooks the analogy between the spontaneous order of the market and the spontaneous order of a legal system.

I.e., according to Palmer, Posner's wealth-maximization framework would lead to the rearranging of property rights to try to maximize wealth. Something he presumably opposes.

Anyhoo, back in 2003 some of Cato's scholars (Doug Bandow and Michael Krauss) came out in favor of restrictions on free trade based on the notion that reimportation of drugs would allow consumers to avoid some of the monopoly price charged due to the US patent system. Cato's adjunct scholar (and utilitarian) Richard Epstein has also argued in favor of patents, especially in the field of pharmaceuticals, and on this ground also opposed reimportation. Thus, as I have noted previously, support for intellectual property rights leads once again to the undermining of genuine private property rights, such as the right to trade.

This call for restrictions on free trade caused an outcry in the libertarian community, prompting Ed Crane and Roger Pilon to meekly disavow Bandow's and Epstein's protectionism. Interesting, this piece apparently endorses "the need for drug patents to encourage R&D"--this apparent endorsement of a utilitarian, wealth-maximization approach to policy seems to conflict with Pilon's principled, deontological, non-utilitarian, rights-based libertarianism--as shown in his 1979 Georgia Law Review article "Ordering Rights Consistently: Or What We Do and Do Not Have Rights To" and his 1979 University of Chicago Ph.D. dissertation, "A Theory of Rights: Toward Limited Government."

In recent posts Palmer appears to bend over backward to soften his previous principled anti-patent stance so that he does not conflict with other pro-patent Catoites--apparently now including Krauss, Bandow, Epstein, Crane, and Pilon. Writes Palmer:

I've been critical of the patent system in the past. Mr. Brady has given me a quiz about whether I conform to his vision of right-thought or have drifted further into thought crime[,] as he defines it. I am not a fan of the patent system and think we could generally live well without it. (I've posted a few articles on my web site indicating why.) The one exception to that general hostility to patents, as I have suggested elsewhere, is the system of patents for chemicals, notably pharmaceuticals. Because chemical compounds are relatively easy to reverse-engineer and can be successfully marketed independently of their role in a larger product (unlike, say, innovations in jet engine design, which often are only valuable as part of a kind of engine), patents may indeed generate incentives for innovation that greatly improve human welfare. That's an argument for them. Since the innovation has the characterstics of public goods (costly to exclude and non-rivalrous in consumption, the latter being the relevant feature here), a good profit maximization strategy ought to be price discrimination, by which those who can pay more do so and others pay less.

Re the "public goods comment--note in the "Non-Posnerian" above piece Palmer's sensible criticisms (pp. 284-85) of the coherence of the very notion of public goods. As for the "suggested elsewhere" comment, he must be referring to this post, where he writes:

Pharmaceuticals and chemicals offer undoubtedly the best cases for patent protection on utilitarian grounds. In my Hamline Law Review article ..., p. 301, I quoted from a study by Edwin Mansfield from the American Economic Review in which he pointed out that "patent protection was judged to be essential for the development or introduction of one-third or more of the inventions during 1981-1983 in only 2 industries -- pharmaceuticals and chemicals." That seems not to have changed. The reason is pretty easy to understand: reverse-engineering in the case of chemicals (which broadly includes pharmaceuticals) is quite easy. In the case of pharmaceuticals, at least, R&D costs are very high and would still be high even without some of the very costly efficacy tests imposed by the Food and Drug Administration. Furthermore, the benefits of new pharmaceuticals are enormous. If one were to make a case for patent law, that's the strongest industry for which to make it.

Palmer has elsewhere rejected the wealth-maximization approach, so what does it matter that pharmaceuticals is the "best case" that can be made under this approach? Why does he say the case of patents for pharmaceuticals is "one exception to" his previous "general hostility to patents," when this case is utilitarian and wealth-maximization based, an approach he has rejected (and presumably he still maintains that even under the wealth-maximization approach the case fails).

Note how snippy he is to Mark Brady's questions to him about patents--"Mr. Brady has given me a quiz about whether I conform to his vision of right-thought or have drifted further into thought crime[,] as he defines it." It is as if Palmer is annoyed that in response to his seemingly pro-patent comments, his previous principled and anti-patent writings are being waved in his face. Given so many of his colleagues' utilitarian endorsement of patents, is Palmer now embarrassed by his previous opposition to both? Is he trying to say that he is still principled, and anti-patent, but that the dominant pro-patent, utilitarian approach of prominent Catoites is "respectable"--or that he has (sort of?) softened his "hostility" to this approach? It wouldn't be the first time Palmer's views have "evolved".

Hurricane Rita and its Devastating Effect on Houston

From an email going around:

With all the news lately about Hurricane Katrina, we shouldn't forget That Houston has had it's share of devastating weather also.

The attached photo illustrates the damage caused to a home when Hurricane Rita passed through the Houston area a couple of days ago. It really makes you cherish what you have, and reminds us not to take life for granted!

the P word

I apologize for being insensitive in my use of the P word.

Katrina and Country Music

No comment on this news item:

The Wal-Mart store in uptown New Orleans, built within the last year, survived the storm but was destroyed by looters.

"They took everything - all the electronics, the food, the bikes," said John Stonaker, a Wal-Mart security officer. "People left their old clothes on the floor when they took new ones. The only thing left are the country-and-western CDs. You can still get a Shania Twain album."

On Lawyers as Commodities

In the September 2005 issue of Corporate Legal Times, a piece called "Bidding Wars" profiles GE's recent move to reduce the number of outside law firms it uses from 500 down to 94. The first cut was based on quality; this reduced the number of law firms to 200. Then they cut based on RFPs and references from other clients, leaving them with 142 firms. Then they cut down to 94 firms based on cost--they made the law firms place bids in an auction type process. The reaction from the law firms was a bit amusing:

"An auction is a great way to buy pencils," says John Marzulli, a partner at Shearman & Sterling, one of GE's preferred M&A counsel. "It doesn't seem to me to be the best way to select your counsel for a complex multibillion-dollar acquisition. We like being part of their network, but we didn't enjoy the selection process."

I bet not.

Interesting Hurricane Katrina Comments and Links

• An Unnatural Disaster: A Hurricane Exposes the Man-Made Disaster of the Welfare State, Objectivist Robert Tracinski
• Katrina and the End of Illusions, Justin Raimondo
  
• Interdictor: Survival of New Orleans Blog, Michael Barnett
  
• Good Morning from Ground 'Minus One'
• Web Firm keeps going in storm zone
  
• A Dismal Reality: It Wasn't Supposed To Be This Way, Fred Reed
  
• Africa in our Midst: Lessons from Katrina, Jared Taylor

New Rouge

As I previously noted on the LewRockwell.com blog, an emerging nickname for Baton Rouge is "New Rouge," because of the huge number of New Orleans residents moving there in the aftermath of Hurricane Katrina. See, e.g., Capital city struggling with inflow (Sept. 3, 2005, Houston Chronicle).

So, Daddy has registered www.newrouge.org and am temporarily pointing it to www.kinsellalaw.com/newrouge. Of course, I apologize for this shameless action.

Funny Australian Travel Questions

Not sure if this is legit (see version here), but it's fricking hilarious in any case.

"The questions below about Australia are from potential visitors. They were posted on an Australian Tourism Website and the answers are the actual responses by the website officials, who obviously have a raw sense of humor.

Q: Does it ever get windy in Australia? I have never seen it rain on TV, how do the plants grow? (UK).
A: We import all plants fully grown and then just sit around watching them die.

Q: Will I be able to see kangaroos in the street? (USA)

A: Depends how much you've been drinking.

Q: I want to walk from Perth to Sydney - can I follow the railroad tracks? (Sweden)
A: Sure, it's only three thousand miles. Take lots of water.

Q: Can you give me some information about hippo racing in Australia? (USA)
A: A-fri-ca is the big triangle shaped continent south of Europe. Aus-tra-lia is that big island in the middle of the Pacific which does not... oh forget it. Sure, the hippo racing is every Tuesday night in Kings Cross. Come naked.

Q: Which direction is north in Australia? (USA)
A: Face south and then turn 180 degrees. Contact us when you get here and we'll send the rest of the directions.

Q: Can I bring cutlery into Australia? (UK)
A: Why? Just use your fingers like we do.

Q: Can you send me the Vienna Boys' Choir schedule? (USA)
A: Aus-tri-a is that quaint little country bordering Ger-man-y, which is...oh forget it. Sure, the Vienna Boys Choir plays every Tuesday night in Kings Cross, straight after the hippo races. Come naked.

Q: Can I wear high heels in Australia? (UK)
A: You are a British politician, right?

Q: Are there supermarkets in Sydney and is milk available all year round? (Germany)
A: No, we are a peaceful civilization of vegan hunter/gatherers. Milk is illegal.

Q: Please send a list of all doctors in Australia who can dispense rattlesnake serum. (USA)
A: Rattlesnakes live in A-meri-ca, which is where YOU come from. All Australian snakes are perfectly harmless, can be safely handled and make good pets.

Q: I have a question about a famous animal in Australia, but I forget its name. It's a kind of a bear and lives in trees. (USA)
A: It's called a Gum Drop Bear. They are so called because they drop out of Gum trees and eat the brains of anyone walking underneath them. You can scare them off by spraying yourself with human urine before you go out walking.

Q: Do you have perfume in Australia? (France)
A: No, WE don't stink.

Q: I have developed a new product that is the fountain of youth. Can you tell me where I can sell it in Australia? (USA)
A: Anywhere significant numbers of Americans gather.

Q: Do you celebrate Christmas in Australia? (France)
A: Only at Christmas.

Q: Will I be able to speak English most places I go? (USA)
A: Yes, but you'll have to learn it first.

Quoting La Me

I apologize for quoting myself: from this Chronicles thread:

I agree that most people do not want liberty; that is why we do not have it. IMO those who think we can "win" the battle for liberty are just deluding themselves. Why libertarians, who denounce altruism etc., feel as if it's some moral duty to go around wasting large parts of their life in some campaign for liberty is beyond me--it's altruistic; it's futile; it's a waste of time, since one is at most barely increasing the odds, that we will temporarily and slightly increase liberty, the puny benefit of which falls primarily on those who do not deserve it.

I have spoken. So let it be written, so let it be done (affecting Yul Brenner Pharao pose)

Coda:

In the wake of some emails, let me add a few clarifying commments. I am not saying that it is a waste of time to try to work for liberty. To the contrary. I am saying that one would have to view it as a waste of time, if one really believed the costs of fighting the battle must be justified by the gains achieved--because one must delude oneself into making the equation balance. I just reject the equation. I help fight for liberty because it is the right thing to do. If I strutted around like some libertarians who claim that in their devotion to the struggle for liberty they are "making a difference"--certainly "more of a difference" than people like me who don't write "influential books" or a daily op-ed column or give speeches to socialist legislators in Arabia--then if I were honest I would have to say, it's really not worth it. If the justification for spending time and effort and money etc. to fight for liberty is whether or not we are "winning," then the project is a failure, on those terms. As I noted above, the actions of most of us at most result in a slightly higher chance at barely, and temporarily, increasing liberty--or, more likely, slowing down the rate of increase in government growth--primarily for the benefit of the masses who at root are to blame for the problem in the first place. And honest analysis realizes this.

Freeing oneself from self-delusion is essential for self-honesty and integrity. It also frees one to take principled positions and to avoid making the dishonest and irritating mistake of judging the truth or value of a theory or view by its "strategical" significance.

I cannot count the number of times some irritating jerk libertarian says to me, in response to a theory or normative proposition, "but that is not going to persuade anyone." They immediately assume that everything is to be judged by strategy, rhetoric, persuasiveness. I see nothing wrong with using such standards when appropriate. For example if I am proposing a method or argument to persuade people, then it is relevant whether the proposed argument or technique is persuasive. But when I assert to a fellow libertarian that we have a right to such and such, or that there is no right to xyz, for such and such reasons--it is just a non sequitur, a category mistake--and usually smarmy disingenuity, IMO--to say BUT that is not "going to persuade people." Hey dumbass--I never said it was gonna persuade others. These type of libertarians are in my view basically moral skeptics, relativists, and/or utilitarians. They are incapable of discussing anything normative. Moral talk is simply not "useful." What good, after all, does it to do identify moral truths, if it does not persuade others?

By this logic, there are no rights violations; there is only power. After all, even if libertarian rights could be proved by the Word of God delivered in an engraved envelope--still, an aggressor could disregard it. "Telling" him that he is violating your rights will "do no good." Yes. So? And so? What is the point of this elementary school observation? This entire mindset is that of the self-proclaimed "pragmatist" who does not want to say there are no rights--after all, it might be "useful" if some people do believe in them--but he does not really believe in them. He, in engineer-like fashion, cares only about "practical" "results." And I have no problem with this. But I would prefer they be honest. If I say, "there should be no murder," don't say "that's not practical"; it's not "impractical"; it's a normative truth. To say the rule against murder is "impractical" is to fail to distinguish between ought and is.

Every 5-15 years you see some libertarians waxing about how we are winning the battle, or that we can win the battle, all we need to do is... As far back as the 1930s etc.... They have to delude themselves and engage in wishful thinking and rah-rah political rally self-delusion ("we can win! we can win the Presidency! This year we will get 100 million votes if we just get our message out there!!!"). They have to delude themselves because they have bought into the idea that the cost of the fight is a worthwhile "investment" in the struggle to "achieve" liberty. They must believe that worth it to fight for liberty, implying they think we have, or can, achieve suffiient "gains" to "outweigh" the "Costs". This is naive and wide-eyed gullibility, wishful thinking.

Me--I say, be a libertarian activist if you want (of whatever stripe: more academic, like some of us; a blogger; a writer; join a local discussion group; run for office; donate your time or money to something; help promote economic education and literacy; whatever). I am, myself, to a degree. It's okay to spend effort on a cause one is passionate about. I expend effort reading science fiction, and don't seek to justify it w/ some made-up phantom tangible gains. Fight for liberty for its own sake. If you fight for it based on the gains, you will soon give up.

Please forgive me

It has been over a month since I last fired my 9mm. I am going to the gym more often and drinking less beer and have eliminated junk food. I have lost weight and bulked up. Also, I will be getting a haircut, an oil change, tire rotation/balacing and alignment this weekend. I did laundry and backed up a hard drive. What's wrong with me!?

Called to the Bar

I am very annoyed when lawyers--usually pretentious foreigners from Europe or some third world backwater, or do I repeat myself--say things like, "He was called to the bar in 1992..." Gag me. As bad as "He was graduated from Harvard..."

Also, I notice many Europeans put their last name in all caps, like my co-author Noah RUBINS. Not sure why they do this. It's on the verge of being annoying, but I think there may be some reason.

World's Worst Weatherman

Here. Thanks to Swim Tanson.

stevedores

I apologize for having the inexplicable gut feeling that use of this term is a bit nelly.

Falling Woman; cool quote

1. Interesting animation of a bikini-clad, animated woman falling through a balloon-populated sky.

2. "The matter does not appear to me now as it appears to have appeared to me then." --Baron Bramwell, in Andrews v. Styrap (Ex. 1872) 26 L.T.R. (N.S.) 704, 706.

Yuppie Birthday Parties

When I was a kid, we had simple birthday parties. A cake, maybe a pin the tail on the donkey, often under someone's carport, with makeshift tables set up. A few cheap paper conical hats perhaps.

Now that I have 2-year old, and live in a big city with a bunch of yuppie breeder friends, a trend that I had only been dimly aware of is starting to manifest itself more clearly to me. It's now routine for parents to have over-the-top birthday parties, inviting dozens of kids with any connection to their own--neighbors, classmates, what have you. I know parents who have to go to 3 or more such parties in a given weekend. I went to one this morning myself; and am having another at my own house this afternoon (but family only, thank God).

The kids love it. It's often done off-site, at a place like Gymboree, or an indoor soccer stadium, or indoor playground (Houston is HOT in the summer), with various personnel hired to entertain the kids--clown, referee, "poodle lady", whatever. Catered food, for both kids and adults. I am not sure if they try to outdo each other, but they are sure lavish. And now it's standard to provide "party favors"--little parting gifts for the kids attending, so they don't feel "left out". Aww, we are so careful not to bruise their precious little egos nowadays, aren't we?

The worst thing, as my wife pointed out, is the kids don't even open their gifts there--it's like a wedding reception, with tons of loot piled on a table somewhere, to be opened later, with thank you cards duly mailed out. Ridiculous.

However, if there are at least 2 milfs present, it helps ease the pain.

UN approves new international symbol for "marriage"

As reported here -- "After 5 years of heated debate, the Commission of Human Rights approved the new International Symbol of Marriage." (similar report here).

Will the REAL Tom Palmer Please Stand Up?

See the post on Palmer Periscope; comments should go there.

Is this Palmer?

See post on Palmer Periscope.

Wiki on Mises and SPLC

Addendum: Wiki rejects this blog post as authority for the contention that "some view SPLC as hypocritical and PC" etc. Please comment below w/ any links or sources you are aware of that criticize SPLC.

***

From Wiki's entry on Mises:

the Southern Poverty Law Center alleges the Mises Institute to be a Neo-confederate organization, though its application of this term is controversial.

In my view, this kind of charge is merely the result of an excess of political correctness run amok. The politically-correct and liberal types often hypocritically excuse or whitewash the genocides and mass murders committed during the twentieth century by governments they would otherwise view as benevolent. Charges of Neo-confederacy and the like fly in the face of the tremendous amount of anti-socialist and anti-Fascist writing on the Institute's website and demonstrated in their programs, e.g. seminars such as the The Economics of Fascism.

I have edited the Wiki entry a bit; others may be interested in correcting the entry (or massaging my own comments as noted above) but should do so from a neutral point of view only.

The Wiki entry may link to this very post, so feel free to post comments below criticizing groups like SPLC who would make such ridiculous allegations.

GNAA

Re this site: I apologize for ... umm... nevermind. (Wiki entry)

Niger Innis typo

I apologize for MSNBC doing this (2) to Niger Innis. And for thinking to myself, "Roy Innis, what were you smoking when you chose your kid's name?"

Literary Apologies

I have fallen to the Harry Potter mania and have bought the latest book. I have decided to read that instead of *gasp* Atlas Shrugged. Perhaps I don't need to apologize about this after all...

Plain Text

I hate people who send me emails formatted in plain text. When I reply, I need to convert it to HTML, then change the format back to normal, etc. Dumb morons.

Almost as bad are those who forward me a 17th-generation forwarded email, where each previous forwarder was too fricking stupid to remove the forward info so that the meat is buried 17 floors below in a nest of headers. Or, it's one email attached to another, and so on, you have to drill down 3 or 5 levels to find the original. And they are invariably all these 7th grade level humor things or some dumb religious crap or pro-war or anti-Arab humor. Jesus. If tree-huggers are the brain-numb foot soldiers of liberalism, these blue collar rubes are their Republican analog.

Here's another. I ask someone to fax me something on FINE mode. "Do whutt?" I explain it to them, "Look, there's a button on your fax... oh fucking nevermind."

Annoying also are the dipwads who send me email with stationary font in the background. Or they put their name in script font, sometimes in blue color. What, do they think that'll fool me?

And why do some poeple insist on deleting context when they reply to an email. Do they think the CIA is tailing them?

And I love these ignant morons who, when you send them a PDF file attached, say, "Uhhh, Ah cain't open it. Eeet won't open." I invariably say, "Do you have the latest version of the free Adobe Acrobat reader?" And if the answer is, "Uhhhmmm, how would I know that," then I know the answer is no.

And if I see one more person click twice on a hyperlink, I will go berzerk.

NASA, Palmer, and the Handicapped

Three apologies today.

First, for this joke: Hey, did you hear the shuttle launch was canceled? Yeah, NASA couldn't afford the gas.

Second: for wasting my time battling with Palmer.

Third: Yesterday I picked my baby up from school during a bad thunderstorm. On a fairly main road that was getting too flooded for normal cars, I just plowed through with my trusty Land Rover. I hit a huge patch of water creating a huge arc of water spraying up from the passenger side wheels; my baby was delighted. So I did it again; and then espied on the sidewalk, inexplicably, this nurse lady pushing some handicapped kid in a wheelchair--in a thunderstorm. I saw her raise her arms over her head and a look of fear on her face, as my tsunami wave arced over toward her. I felt so bad, but nothing I could do; I hit the brakes, but the spray of water was on its way to her. I had passed her but I am sure the wave of water drenched her and her poor handicapped kid (who were no doubt wet already from the storm). I really apologize!

some hnn comments restored

Following up on this post: the comments on hnn were not deleted. The links to them were. I had some links saved from my previous duplicate posts, so was able to get some of them. They provide some context for some of my comments:

• From the Miserable Libertarians post: some comments; and some more comments
• From the I'll Let You Know In A Couple Years post: some comments

Anyone reading these comments and my other comments elsewhere in this blog can judge for themselves whether or not Palmer is relentlessly on the attack (as are, to varying degrees, others including Steve Horwitz and Charles Johnson--have I left anyone out?).

hnn comments deleted

I can't say I'm surprised--but some of the hnn threads I have posted on recently, primarily arguing with Tom Palmer and combatting his repeated libels of fellow libertarians, have been deleted. The editors means only to cut off comments but inadvertently deleted the comments. Nonetheless, I'm not surprised, as can be seen from the last several posts where I re-posted some of my comments there, on this blog, just in case they ended up disappearing.

Here are the posts that mention the deletion of the comments sections:

• Civility (Jason Kuznicki)
  
• More Civility (Steven Horwitz)
  
• Hear, Hear, Libertarian Gaggism! (my comment, Do Not Equate the Initiator with the Victim, is reproduced below--guess why)

***

There is of course nothing unlibertarian with "private" censorship; the fact that we feel compelled to explain this to each other is a bit depressing.

Personally I do not buy into the "both sides need to simmer down" type of view. My opinion is this: Tom Palmer (and some others, to varying degrees) repeatedly resort to personal attacks on the character and motives of fellow libertarians, as part of a response to substantive discussions. The motivations behind our views are questioned and snidely impugned, etc. It's to the point where if you have a differing view on federalism, it's because you come from the "fever swamp" of neo-confederate slavery apology. These type of personal attacks and libel seem to me to be prohibited by this blog.

It is not surprising that others, such as me, respond to these completely outrageous, uncivilized attacks on the character and motives of people I know to be decent people and sincere advocates of liberty. If anyone wants to equate my or others' response to the outrageous personal attacks of Tom Palmer or others, they are free to make this mistake. But just as there is a difference between initiating force and responding to it, there is a difference between launching an assault on someone and the response to it.

I and others that are regularly attacked by Palmer et al. are perfectly happy to go about our merry way, trying to understand and advocate liberty as we see it. There is no need to respond in a non-civil way to people who are not already breaching rules of civility, etiquette, courtesy, charity, decency, and honesty.

In my view personal attacks like those hurled by Palmer and implicitly or snidely suggested by others on this forum, ought to be prevented or a warning issued. But until this is done, I can tell you right now, whenever I see anyone maligning decent, fellow libertarians and impugning their motives, suggesting outrageous things like racism, bigotry, anti-semitism, I am going to call a spade a spade and denounce it. Ban me for doing this if you will. It's your property.

The problem is that Tom Palmer has demonstrated he will not treat me or others affiliated with the Mises Institute with civility, other than calling me "Mr. Kinsella." So blinded by malevolence and irrational emotions is he, he hardly sees us as humans, much less libertarian. Just like liberals, who act morally superior despite being willing to inflict terrible harm on individuals, Palmer here has the gall to adopt a superior stance all the while acting like an utter cad.

And I also posted this reply:

And a good place to intercede might be at the first sign of a personal attack on a fellow poster or fellow libertarian. This would include allegations that the other libertarian has a given, say, political or constitutional view because he does not care about liberty, or is racist, or anti-semitic, or yearns for slavery, or is not a "real" libertarian. It would include snide comments that imply the advocate of a given argument has evil, hidden, unlibertarian motives.

In fact, since accusing someone of anti-semitism, bigotry, racism, etc., are arguably libelous, not to mention outrageous and not conducive to honest discourse, it would be a very good idea for a given forum not to tolerate it.

No offense, Tom Palmer.

More hnn replies

A few more posted here, in case hnn deletes them.

First, this reply:

P-dog writes:

A very weak retort. Thomas Jefferson did not lead a revolution for the purpose of furthering slavery. The signers of the South Carolina secession resolution did. There's a difference. Evidently you don't get it. A libertarian, on the other hand, would.

Ah. I see. Can't reply direclty to my own post--don't want to sully your hands. It's all electrons, Tom, you know. And no one cares about you finnicky rules. You insinuate here I am not a libertarian. I think you are not one. So there. Where are we now? Fisticuffs? On Segways?

Look, you obviously have a carefully-mapped out list of what is permitted, and what is not. It's okay to worship Jefferson, even though he owned slaves and raped one of them... but not to admire Jeff Davis, who freed his slaves.... because of "the" "purpose" of the "secession." Jefferson was in favor of secession... so was Jeff Davis... both secessions resulted in independent nations where slavery was legal... hmm, but "the" "purpose" --heck, I didn't konw there was "a" "the" purpose. You sure are smart, Tom.

Jusy give us the list of officially approved rules (run it by your benefactor first, would you) so we will know how to conform to the new world order.

And another one:

P-dog sayeth:

When someone says that I'm a contrarian at root, I'm tempted to deny it.

Interesting. Do they say that to you often? I don't think anyone's ever told me that. But then, I mostly hang out with normal people, most of whom have never used the term "contrarian" in their life.

But in this case, it would be true. To be a "contrarian" per se is just to be contrary: against what others believe. I believe in liberty. It is a positive value. I want it and I work for it. That's the difference between libertarians and people who are merely "anti-state." The latter are merely against something, but not for a positive alternative.

And here goes the shiv. P-dog first subtly implies that we--you know, the ones he constantly libels on his smearblog--are "merely" anti-state. This is ridiculous. As Roderick Long pointed out on this thread, "Pessimism?? Is this pessimism?" Of course, P-dog does not reply to Roderick (and strangely, he will not bash his friends or others with some weird immunity, even though they share the same views he schizophrenically attacks in others associted with this bete noir, the Mises Institute--you know, the big, hairy, evil group--ghoulish, he calls them elsewhere, who have "opened the gates of hell" (his words)--who ummm, promotes free-market, Austrian economics and, er, umm, libertarianism. Yeah, they are SCARY, SCARY. .... BOO!).

We are not "merely anti-state". We are of course in favor of rights and liberty. Has Palmer ever heard of, oh, I don't know, the fricking JOURNAL OF LIBERTARIAN STUDIES? Or Reason Papers, which Mises Institute hosts? Can P-dog with a straight face deny that the Mises Institute promotes the thought of Mises and Rothbard? Would either be called "mere" anti-statist? with no positive views about liberty, or rights? This is ridiculous.

As for being "for a positive alternative," now we get to the nub of the matter. I suggest Lew Rockwell's article Regime Libertarians. Just because not all libertarians are compromising, sell-out policy wonks who want temporary, incremental increases in liberty at the cost of liberty in other areas, or don't toe the line of a given beltway thinktank, does not mean we are not also "for" a "positive alternative." The insufferable arrogance emanating from Palmer's perch is truly a sight to behold.

Lots of people are in opposition to the state: they include a great many people with whom I would not want to be categorized, such as criminals, terrorists, advocates of other forms of coercion and tyranny, such as a Caliphate or feudalism.

Yeah, deep, man, deep. Wot a great insight.

You know, lots of hippies and scumbums are also in favor of legalized drugs and prostitution too. Let me guess--you are not "merely" in favor of drug legalization. You are "more" than that, right? And you would not want to be "reduced" to a mere defender of porn or drug rights. Hey, I have an idea--why don't you realize the universalizability principle actually applies here? Hmmm?

I'm not just "against the state," because I favor liberty, which is why I favor restrictions on the state. When people enjoy more liberty, I am pleased by that, at the same time that I am mindful that injustices still exist.

Being a "contrarian" is being a second-hander, letting others dictate to you what you will stand against, rather than choosing that *for* which you will stand.

Whatever. Cue violins. When the Randroid lingo comes out, my eyes glaze over.

Of course, those fellow libertarians whom you malign and hate at the Mises Institute are in favor of liberty and individual rights.

And another:

Mr. Gregory, if a state were torturing people to death in truly cruel and unsual ways, would you join hands with Mr. Kinsella and march against the federal courts taking steps to stop such behavior? I would hope that you would leave Mr. Kinsella to march on his own, as would all of the rest of the libertarians on the planet.

Mr. Palmer, can you not read? I have admitted many times over the purely instrumental value of the US Constitution. I would not hesitate to oppose it where I thought it unlibertarian. As a matter of fact, I think it is unlibertarian and I think the federal state it set up ought to be disbanded. You would not I suspect, because we need a benevolent nanny to ride herd over the nasty, naughty states, and the feds are your daddy, aren't they? WHO'S YOUR DADDY?

If the state were torturing people, this would not change the fact that the US Constitution does not authorize the feds to stop it. Would I in some cases "want" the feds to march on the states to stop this anyway? I don't know. What has that to do with whether the Constitution authorizes this action? To my mind, integrity calls for an honest interpretation of the Constitution. Where it is illiberal, we can acknowledge this, and then consciously choose to abandon the Constitution, or try to change it.

Reply -- hnn: Palmer on federalism

reply to Palmer here reprinted, in case hnn deletes it:

***

Do the "rules" of this board prevent disingenuous replies or outright libel? I guess not.

P-dog says:

What I find remarkable is the eagerness to resist restrictions on state power emanating from the federal courts when they are (or could be but didn't, as in the Kelo case) issuing opinions that are well grounded in the text of the constitution.

But they are not well-grounded in the "text" of the Constitution. This is mere question-begging. Palmer here snidely implies that hmm, there must be some sneaky reason we are "eager" to "resist restrictions" on state power. P-boy here snidely implies that those who are in favor of federalism--you know, like all educated libertarians until the modern "improved" generation--are "eager" to want states to be able to hurt people. This vile slander is inappropriate in this forum.

If one thinks the "text" that reads "privileges or immunities of citizens" automatically and obviously means citizens' rights, as implicit in the.... Bill of Rights, despite the history of the 14th amendment, then he must have a crystal ball. I mean, they left the word "rights" out because ... ahhh ... .well, who knows, but they MUST have meant rights, anyway. And, umm, just because this language tracks language in a previous bill that clearly referred to a narrow set of rights, not a broad set, well, let's just ignore that. And look, just because they listed due process in the 14th amendment, even though they didn't need to if the privileges/immunities clause incorporated the one from the 5th amendment--let's just ignore that too.

Rejecting the 14th Amendment on the grounds that it isn't part of the Constitution is absurd; we currently do have a federal Constitution.

P-dog may be right; but none of us are basing our argument on this claim. Now the brilliant Gene Healy does make this quite respectable argument:

Given that the Fourteenth Amendment was never legitimately ratified,we’re freer to adopt a narrow construction of the amendment than we would otherwise be. By giving a narrow reading to the Fourteenth Amendment (which was not a product of constitutional consent), courts keep faith with the Tenth (which was). From this perspective, the post-Civil-War Court’s crabbed construction of the Privileges or Immunities Clause in Slaughterhouse might well be justified as a blow for originalism.

That is, we can't ignore the 14th, but recognizing its problematic origin, perhaps when the federalism principle of the 10th butts up against the alleged erosion thereof in the 14th, we give the nod to the 10th. Just a thought.

But our arguments don't rest on this. We assume the 14th is part of the Constitution. So why does Palmer use this straw man?

We should appeal to it when the appeal is well grounded in the text and likely to advance liberty.

Well now, finally an unambiguous normative assertion about what "we" "should" do. I welcome a rigorous defense of this, coupled with some explanation why it is obvious why anyone who disagrees with it is an apologist for slavery, bigot, racist, anti-semite--am I leaving any out?--the kind of outrageous, disgusting smears that Palmer regularly trots out on his smearblog as the kneejerk response to anyone who does not toe the Cato line. But eve if this mere assertion were true, it again rests on the notion of appeals "well grounded in the text." Of course, this is what is in question, so it is question begging, as well as disingenuous.

What exactly is P-dog saying? Is he saying everyone (or just libertarians?) should (?) "adopt" a given argument for construction of the Constitution, as long as someone can plausibly say "it is well grounded in the text", so long as in one concrete case it increases liberty? What exaclty is he saying? That it does not matter what the Constitution really means? That the original limits on the feds are elastic? Subject to their discretion? Or only ... if they are libertarian judges? What?

Similarly, the guarantees to citizens of the several states in Article IV of "all Privileges and Immunities of Citizens in the several States" is in the federal (and unamendd) Constitution, as is the guarantee of a "Republican Form of Government."

HO HO! So here we come to the fall-back. Notice Palmer first tries to imply that the 14th amendment's "privileges or immunities" clause somehow includes some broad set of rights, supposedly largely coextensive with those express or implied in the Bill of Rights (well, only, er, some of htem--not those in the 10th, or the 27th amendment, or the unratified 1st article of the 12 articles submitted... or not in the 3rd, or 2d, amendment, and not parts of the 5th, and, er, um, also not the due process clause of the 5th, because, you see, that's already in the 14th).

Then his fall-back: why, we never had federalism at all! You see, FROM THE BEGINNING, the feds had the power to review state laws for all the rights in the Bill of Rights, because of the original privileges or immunities clause (even though this is not in the power-graning section of the constitution) or the Republican form of government clause--but let's ignore the fact that, say, the original privileges or immunities clause was adopted in 1789, when there WAS NO BILL OF RIGHTS (that came in 1791), so how in the world could the earlier P-I clause include those rights, as is argued that the later one does... or does the earlier P-I clause incorporate, oh, I don't know, some other unspecified set of rights? So that the feds have strictly enumerated powers... except here--they had the power to enforce whatever rights they wanted to against the states, no definition or limits at all. Even though the States would never have consented to a federal Constitution that granted such power.

Nice. Convenient. Let's chuck all we know about history and context, and just read the bare words on paper, in the most favorable way as possible for (centralized) libertarianism... then just "assume" we can somehow, someday, find enough libertarian judges to interpret it the same way...

Oh, it's so beautiful, I want to cry.

The 13th, 14th, and 15th amendments are in the federal Constitution.

Interesting, that--curious, if the 14th Amendment's due process and/or privileges or immunities clause are so fricking broad, then presumably so is its equal protection clause. You know, that one that prevents states from treating classes of citizens differently, from discriminating? So just curious, mind you, but if that one is so broad--wouldn't you THINK it would have prevented States from discriminating against BLACKS and WOMEN in the FUNDAMNETAL FRICKING RIGHT TO VOTE? Well, I would. But lo and behold, we needed the 15th, and 19th, amendments, to give blacks and women the right to vote. Hmmm, interesting. I guess the "equal protection" clause of the 14th ain't as broad as it seems to a college libertarian on first reading, is it? Maybe, just maybe, the same is true of the privileges or immunities clause? Nahhh--can't be. Anyone who thinks so is a Christian or an anti-semite (or is there a difference?).

If a state were to deny a person the legal right to vote on the grounds of race, would Mr. Anthony favor the intervention of the federal courts or of the federal Congress?

You see, there is actually constitutional grounding for such an intervention. There happens to be a constitutional amendment to this effect--the 15th. We don't deny this. Strangely, as I noted above, the equal protection clause of the apparently very broadly construed 14th does not cover the right to vote; but no matter. Just b/c the 15th does grant a right to vote to blacks, does not mean that the privileges or immunities clause of the 14th includes the rights implied in the bill of rights. These are separate matters. Palmer need not caricature our view; we are actually very clear and upfront about it. We admit some constitutional limits on states, and deny others. For some reason, for those libertarian centralists who are apparently not bothered by the idea of a non-limited federla government, anyone who thinks federal supervisory power over states is limited must be a fascist secretly yearning for states to permit mobs to lynch blacks once more.

Palmer on the Civil War

My reply to Palmer on hnn's Liberty & Power blog is reprinted on this post on the Palmer Periscope, in case the pinheads there delete it [coda: I was prescient; daddy is now down the memory hole!]

Palmer on Junge Freiheit

See this post on Palmer Periscope.

Pesto and Chops

Why do some fine steakhouses hold themselves out as having great "steaks and chops"? What the eff is a chop? Do they mean fricking pork chops? Pork chops? Who goes to a nice restaurant for a goddamned pork chop? I don't think I have ever seen anyone do this. I have seen pork cops ordered at your regular shops, but a fine steakhouse? I mean yeah, a nice fish, or lobster--I sometimes see people order those instead of steak at a nice place. But pork chops? What the hell is going on here? If they don't mean pork chops, what the hell do they mean by "chops"?

And what the eff is pesto anyway? No one ever defines it. It's sort of like geffiltefish, as best I can tell.

Palmer Lies about Involuntary Unemployment--yet again! ha ha ha

In this thread, Heinrich wrote:

Palmer continues repeating the assertion that the work published by the LvMI is "an embarassment". In particular, he thinks Hoppe's work is "an embarassment". At one point in the past, he argued that Prof. Hoppe's claim that "on a free market, all unemployment is voluntary" was an embarassment to Austrian economists. Stephan Kinsella responded by quoting a statement of Ludwig von Mises saying the same thing. Palmer then facetuously accused Kinsella of an "appeal to authority" (http://tinyurl.com/ba5e4) Also, in that regards, see *The Ludwig von Mises Legacy: A Reality Check* by J.H. Huebert (http://tinyurl.com/d6kjz).

Palmer replies:

And Mr. Heinrich, be careful of what you quote, since the quotation from my personal correspondence of a few years back with the odd Mr. Kinsella contains quite a few of those little dots [...]. The claim that in a free market all unemployment is voluntary is not a tenable thesis; insisting that it must be true because Mises said something that could be interpreted that way is mere evidence of cultishnes, and nothing more.

Now as even Heinrich's summary makes clear, and as Palmer well knows by now (as I have explained it to him numerous times), I did not insist that the comment about voluntarly unemployment is true because Mises said it, as anyone of even normal intelligence can understand (in fact, I do not believe I have ever stated that I do even fully agree with Hoppe and Mises here).

As I have explained repeatedly, I was simply showing Palmer's assertion was ridiculous--that Hoppe's comments were an embarrasment to Austrian economics. If they are perfectly consistent with the explicit views of the preeminent Austrian as expressed in his magnum opus, well, then Palmer's critique is inexplicable. The real truth is that when I pointed out this statement it embarrassed Palmer and it nailed his ass. Does anyone doubt that when he saw the Mises quote that was in line with what Hoppe said, Palmer thought, "Oh shit. I wish I would have not picked that example."--?

He was cornered and like a cornered animal, he stupidly fought harder. Since I had him dead to rights, he had no real defense but to lie and claim that I was acting cultlike in appealing to authority. I was not appealing to authority, and Palmer knows it. He used a ridiculous example that made him look like the ass he is when I pulled out the Mises quote, and he is desperate to cover it up.

As he wrote, "If you're right, then so what? Is that an argument? If you're right about this, then Mises was wrong. Is that so hard to accept?" I never said Mises or Hoppe were right. I was not appealing to authority at all, except to show that the view in question was also held by the most prominent Austrian, and therefore was, umm, Austrian, or hardly an embarrassment to Austrianism.

I can just imagine Palmer's reaction when he saw I had found a quote of Mises that says EXACTLY what Hoppe said, that Palmer had criticized in his pompous fashion. I bet his little eyes bugged out. Ha ha ha ha ha.

Palmer also calls me "odd." He just embarrasses himself by such comments. What he finds is odd is someone who is intelligent, articulate, successful, not a loser, not a religious nut, and who also has a sense of humor--and who does not take him seriously. He just can't fathom that, so oddly arrogant is he. I decided to tease him by making fun of his hypersensitive, ridiculous PC standards--he and his ilk call anyone who sneezes a bigot--by asking if he had ever used the word "bigger"; because if so, that is just one letter away from the n-word, so he is a semi-racist. Obviously the point is to make fun of his stupid accusations of bigotry etc. Yet he feigns innocence, ominously intoning that something must be seriously wrong with me to fixate on the word "bigger"--even doing me the favor of banning me from his smearblog for doing this.

What is truly odd is someone like Palmer--who is objectively odd, given the things I have heard about him and that he has manifested--thinking he is in a position to call me odd. I someone like Palmer did not think me odd, that's probably when I would start worrying.

Coda:

The sad, pathetic, monomaniacal Mr. Palmer has a final comment on the thread:

"That goes for simply accepting as truth everything said by Mr. Kinsella. My advice is that you be more careful about labelling someone a liar based on one person's heavily edited extracts from personal correspondence to which you have no access."

Hmmm, let's see. Now Palmer tries to deflect from the clear case that shows he's a buffoon by pointing to the fact that his comments were from a private email and that ellipses were used.

Palmer the shell of a human (as someone called him) published the following comments:

...Skousen made subtle reference to ... Hoppe's failure to understand fundamental Austrian economic principles, such as the role of time in economic adjustment. "As the editor of this volume, I have to admit that I do not agree with everything Professor Hoppe presents as Misesian economics, even in this significantly revised chapter. For example, I have serious doubts about his claim that market unemployment is 'always voluntary.' Certainly, permanent unemployment is always voluntary in the unhampered market, but a dynamic market is constantly generating temporary unemployment that requires time to correct." ... One could go on with examples of how Hoppe and the Mises Institute have proven embarrassing to the Austrian economists by whom they claim to be inspired .

What is Palmer saying here? He trots out Hoppe's view about unemployment being voluntary on an unhampered market, an then says he says, "One could go on with examples of how Hoppe and the Mises Institute have proven embarrassing to the Austrian economists by whom they claim to be inspired". One "could go on" with examples implies there are other examples--in addition to the one just given--that show Hoppe is embarrasing to Mises (the economist by whom he claims to be inspired). So Palmer is clearly stating, in published writing (not in private email), that Hoppe's view about voluntary unemployment is an ebmarrassment to Mises.

Now, it so happens Mises said exactly the same thing. There can be zero doubt that Palmer was unaware of Mises's views here, or he would not have chosen such an embarrassing example that makes him look like a moron with an vendetta.

Silly Tom Palmer ridicules some of us for believing in --gasp--limited federal government and enumerated federal powers. He repeatedly jumps to the libelous conclusion that anyone who says that, say, the Civil War was unjustified under the Constitution, or that states have a constitutional right to secede, are neo-confederate apologists for slavery pining for the antebellum south. And yet, some of Cato's own people, notably the brilliant Gene Healy, hold the same view, and you don't hear Palmer slandering him. Hmm, could it be--double standard, Mr. Palmer? Coward. Worm.

And he snidely attacks Hoppe's "argumentation ethics" defense of rights, arrogantly dismissing it with a flourishing wave of the hadn--"For the new prophet arrives, who teaches the truer version of that truth, while others have fallen away: say, Hans-Herman Hoppe, who has "proven" that merely to open your mouth to contradict him is to affirm what he believes, and therefore to contradict yourself. Presto! A new prophet." And yet, Cato's Roger Pilon, has promoted a similar defense of rights based on Alan Gewirth's Principle of Generic Consistency (as I have explained here); yet you don't hear Palmer snidely attacking Pilon's (great) work. Again: a sniveling, ignorant, dishonest coward with an axe to grind. Palmer has revealed himself time and again to be an utterly disgusting human being. For him to call me "odd," I take as a compliment.

Finally, numbnuts Palmer says:

There is no comment section at lewrockwell.com or at antiwar.com, where people might defend themselves from the outrageous claims or distortions served up by Rockwell, Raimondo, and their merry band of kooks and crackpots.

First, Rockwell and Mises Institute have nothing to do with antiwar.com. Second, Palmer conveniently omits to note that the Mises blog does have comments.

Palmer apparently has no qualms about revealing that he has zero integrity and that he is an unfair, nasty person. What is interesting is that he adopts this arrogant pose, as if he is somebody important. That is what is truly amusing. Not content to be a plodder, he must make a name for himself by becoming the smearblogger nonpareil!

Too much sense

A couple of expressions I like. First, "come to find out," as in: "Wayull, Ahh thought she wuz single--but come to find out, she wuz married."

Second, "that would make too much sense," as in: "Why don't they put up signs in the airport parking garage showing which way to walk to get to the elevators? Why? Because that would MAKE TOO MUCH SENSE!"

Voila

I confess to feeling utter disdain when the French use "voila" so casually. I mean I think of "voila" as some dramatic move, like when a magician unveils a tiger behind his cape. So it seems bizarre and pompous to me when a waiter hands me a cup of coffee or the check, with a flourish and "voila!" like Ricardo fricking Montalban and his rich Corinthian leather.

Earthquake in Mejico

Joke someone told me recently:

Did you hear about the earthquake today in Mexico? Yeah, it killed like 250,000 people. Canada has announced a multi-million dollar aid package, and George Bush has declared he is prepared to send them 250,000 replacement Mexicans.

Truck Nutz

I am tempted to buy a set of these: a pair of testicles for your truck, hanging down from the receiver hitch.

Have mercy on my soul

I would like to apologize for being from Louisiana and not liking crawfish or Tabasco, for being hispanic and not having rhythm and thinking that Alberto Gonzales should be cleaning my house or better yet, making me a chalupa. I apologize for using Linux yet pinching my geek friends' brains for being closet socialists. Also, while I am not a graphic designer or homosexual, I like Apple computers. Finally, for today at least, I apologize for having a pistol with a 17-round mag, and that sadly, I don't (yet) put it under my pillow when I sleep.

BK's Dumb Theory

Fellow Apologist Burger King Marcus writes:

I have a new hobby: rather than writing my own pieces for LewRockwell.com (which requires, after all, sifting through email feedback that's 1/3 hateful race theory and 1/3 gibbering leftist idiocy), I'm going to try to get myself mentioned in everyone else's stuff.

Sorry, BK, but I really doubt your strategy is gonna pay off.

Waitasec....

Kelo and Takings

I have a long article on this controversial topic (for libertarians) here: A Libertarian Defense of ‘Kelo’ and Limited Federal Power. In Tom Palmer's honor, I should have entitled it "A Libertarian Defense of ‘Kelo’ and Limited Federal Power, or, Why I Am A Racist and Apologist for Slavery."

The Shadow Justice

Yo yo, I am thinking about starting a blog to give my opinion on how recent Supreme Court cases should have been decided (and the opinions of other libertarians who want to join in). I was talking about it with the Gilster and we think some good possible names are:

• The Shadow Justice
• Libertarian Justice
• Dissent in the Ranks
• The Court Intellectual
• The Supreme Revisionist
• A Case of the Red-Ass (nevermind; that's a Louisiana Coonass-ism)
• Justice Unplugged
• Libertarian Supremacy
• The Daily Constitutional
• The Constitutional Nag
  

Any thoughts on a good name for da blog?

Kinsella on Kelo and on Palmer on Kelo

I've had many posts already on the Kelo case: On the Mises blog (Woops, They Did It Again (Bad Supreme Court! Bad! Bad!)) and the Liberty and Power blog (First Raich, now This (Kelo)). I argue that the Justices' reasoning is confused, but the right decision was reached: to let the Connecticut taking practice stand. Because the 5th Amendment was never meant to apply to the states.

And in this post on the Palmer Periscope (Palmer on States and the Feds--Kelo), I critique Tom Palmer's comments on this case and related matters.

Insulting an Objectivist

Well over at SoloHQ I started this thread--Wendy McElroy on Nate, Babs, and Ayn. Predictably, the seriosos went batshit about the nicknames. So I posted this reply, not sure if it will be posted there:

This post may be redundant--not sure if my previous reply worked. Ms. Branden--I meant no offense. I was just pasting the short title used on LewRockwell.com today for McElroy's article. No offense intended, and I'd be happy to call you Ms. Branden or Barbara instead.

BTW my name is Stephan (sounds like Stefan), not Stephen (sounds like Steven). No one ever mispronounces Stephanie. The mind boggles.

To Brant: "Those prissy sissy's at ARI can't take these principal actors' word for what happened--they had to literally bring in a prosecutor--because they refuse to grant either Nathaniel or Barbara recognition or any kind of sanction for their own lives and the contributions they made to the spread of Objectivism and the well being of Ayn Rand."

I am sorry, but I can't follow this... whenever I see the word "sanction" in an Objectivist site my eyes just involuntarily glaze over, as they also do at terms like "whim-worshipper" or "psycho-epistemology." :)

My later reply:

Hi Michael! :)

Just a couple of questions. The premise of Valliant's book is that both of the Branden's autobiographical biographies are nothing but lies. So he drums up exactly the same kind of lies he accuses them of (attributing ill motives to every act, insinuating that Nathaniel was a rapist, etc.). If you do not believe me or think I am overly-biased, look at the "objective" review you just posted the link to from LewRockwell.com.

I would not have purchased it, but someone sent it to me. I read the first couple chapters. I found it to be a hit piece. But I have not read the latter journal stuff. But when Valliant started, in the Preface, his excruciating defense of Peikoff's denunciation of B. Branden's account without having read it, and his defense of the need for non-Peikoffians to have this defense, it becames obvious it was more of the orthodoxy stuff. At least that part. Then I recall later on, there was some passage allegedly showing B. Branden's inconsistency when she at one point said Rand was not maternal at all, then later said Rand would help and guide her. Like that was an aha! moment. As if people could not themselves act inconsistently.

So do you think that the best way for ARI (meaning the heir who authorized this travesty of scholarship) to fight what it deems to be a pack of lies with another pack of lies (or extremely overly-biased insinuations at the very least), but sprucing it up with Ayn Rand's unpublished works?

Dunno, I have not gotten yet round to forming an opinion on this weighty matter.

The present signs point to someone laying a gigantic egg in public here - in Ayn Rand's name. I hold that it is Valliant's approach that is burying this newly released unpublished work of Ayn Rand. There are oodles of people who want to read her unpublished words without having to wade through Valliant's ranting and partisan fighting. So, in doubt, they simply buy other books by other authors.

Do you have another explanation?

Er... no, not at hand. An explanation for exactly ... what, sorry?

(There. No "sanction," no "whim-worshipper" and no "psycho-epistemology.")

Just a little capitalistic common sense.

And who said Objectivists have no sense of humor.

... but... I fail to see what your reply has to do with, umm, capitalism...

catchy tune

I apologize for recommending this annoyingly catchy tune: go to this site, and click "Introduction." It's infectuous.

Gopher balls

When I was little, my grandma used to tell me she was gonna "get my gopher balls". Scared the crap out of me. But it was kinda funny. Now here she is with my baby. But I won't let her get his gopher balls.

I "care" for you. BULLSHIT!

That irks me, in movies, when people say, "Because, because--I care for you." I have never known anyone in real life to say "I care for you." They say, I like you, or I love you.

"I care for you" is the modern agnostic analog to people saying "gezundheit" instead of "God Bless you" (as they do in movies--in real life, I've only seen it a few times, adopted by liberals as an affectation), or "would you move in with me" instead of "will you marry me".

I have also never known anyone in my life who treats the "let's move in together" question as some weighty move that should be celebrated, almost like a mini-marriage. The Hollywood movies MAKE ME SICK.

Libertarianism: The Movie

First task: casting. This ought to be interesting.

Ayn Rand: Helen Mirren, of course.
Murray Rothbard: Jason Alexander (the guy who played George on Seinfeld)
Stephan Kinsella: Michael J. Fox (pre-palpitations)
Hans Hoppe: maybe that guy who played in The English Patient, Ralph Fiennes?
Walter Block: Ned Beatty?
Tom Palmer: Jeremy Irons. Nathan Lane? Paul Giamatti?
Jeff Tucker: Chris Elliot (the guy from the David Letterman show)
Joe Salerno: Joe Pesci?
Tibor Machan: Michael Caine
Lew Rockwell: James Garner. John Rhys-Davies. Frank Gaffney.
David Gordon: John Lequizamo.
Guido Huelsmann: Ashton Kutcher. Rutger Hauer.
Karen DeCoster: Wynona Ryder. Brittany Murphy. Laura Dern.

and so on. Join in. I'll add to the cast as I receive suggestions (either post a comment, or email me at nskinsella -at- gmail dot com.

The Khawajinator

Hmm, Irfan Khawaja won't reply to my latest comment on his little blog thingy. I wonder why (2, 3).

Reflicted

When I was a youngling in rural Louisiana, we would often use the pejorative, colloquial term "reflicted," as in, "Oh, shut up, you're so reflicted!" It was a synonym, roughly, for "retarded" or stupid.

Other colloquialisms from my home state:

• silver dime, meaning, a dime (one time when I was a checkout boy at a supermarket, this black guy, when I was giving him change, kept asking me to give him "silver dime," and, as I used to collect silver dimes, started fishing through the cash drawer, looking on the edge of the dimes, searching for a pure silver one. Finally he pointed at a regular dime, and I realized, he meant a dime by "silver dime". What a non-silver dime is, to him, I have no idea.)
• This calls to mind the time the black lady handed me a nickel and two dimes and asked me for a "solid quarter." After looking at her with the deer-in-the-headlights look for a second, I realized she meant just a quarter. I think two dimes and a nickel must be a "non-solid" quarter.
• The blacks would also ask me to slice them up half a pound of "pepper sausage," by which they meant salami. I got to be good at interpreting their colloquial expressions, like the way they pronounced shrimp ("swimpses").
• I hereby apologize for relaying this story and for remembering the racial aspect.
• In Louisiana they say this, when they see that one of their friends is pregnant: "Who's dat baby for?" Which means, "who is the father of your child?" The answer would be of the form, "It for John."
• They also say someone "caught a heart attack"
• grocery shopping is "makin' groceries". The Schwegmann chain capitalized on this with a campaign "Makin' Groceries--Schwegmann Style"
• They end sentences with the personal pronoun for emphasis, like so: "I need to get me some boiled peanuts, me."
• "If" is used for emphasis. As so: A says, "Man, is dat chick HOT or what?" B would respond, "If!" meaning "Yes!" My theory is that this was someone's adaptation of the Spanish usage of the word "si" for both yes and if (there is some Spanish influence there).
• "Skiing" means water skiing. If you want to refer to the other kind, you have to say "snow-skiing".
• I once saw a flier for a "PENTECOSTAL REVIAL." The typo made me feel much more secure in my lack of thumperness.
  

Swanson Libertarian Blog Emergency!!

Read here and follow the advice to hook a brother up. Poor student Timmy needs a bit of financial help to keep his blog alive. I already gave him my two cents, so I think I'm covered.

Drizzle

I like the words meticulous (as in, that's a meticulously crafted argument, as an anonymous reviewer said about the early draft of my article Estoppel: A New Justification for Individual Rights, later published in Reason Papers in Fall 1992); glimmer (as in the great title to the stupid Steven Seagal movie The Glimmer Man); and especially drizzle (as on a menu when they say something is "drizzled" with chocolate or some sauce). In fact I think if I open a restaurant I will call it Drizzle.

I apologize for this post not having any apology in it. Waitasec. Now it does. I retract my apology. ... But.... if I retract it... then I have to apologize again. Damnit, now I'm in a fricking self-referential fugue state. For which I apologize.

Articulate

I apologize for even noticing that sometimes white people use "articulate" in a perhaps unwittingly condescending manner when they attempt to pay a compliment to a black person. For example the person will be speaking highly of a given black person, and then will mention, "and he's very articulate, too."

Wikinerds

Re my previous post: Well, they were successful in having my Wiki entry deleted. I think we should do what Pete Canning suggested, do a Wikinerd entry. I apologize for violating Wiki rules by editing a page that should not be edited with "WIKINERD!"

plagiarism and bigotry

I would like to apologize for pretending that Vache Folle's words on bigotry are my own:

Thursday, May 05, 2005

Bigotry

Wikipedia defines bigotry here : http://en.wikipedia.org/wiki/Bigot

In a nutshell, bigotry is defined as an unreasonable intolerance of opinions other than one's own.

This seems fair enough, but I sometimes observe the epithet of bigot used in cases where the accused is not necessarily intolerant. For example, one may be called an anti-religious bigot if one opposes religious teaching in government schools notwithstanding that one is himself an adherent of the religion in question. One may be called a homophobic bigot for opposing hate crime legislation involving crimes against homosexuals notwithstanding one's indifference to the sexual orientation of others. One may be called a racist bigot for criticizing rap lyrics and hip hop fashion. One may be called an antisemitic bigot for criticizing Israeli policy.

Some of my conspecifics appear to regard any position as intolerant which does not, in fact, embrace and celebrate the opposing position. It is not enough to accept homosexuality and advocate a society in which folks are free to be as homosexual as they care to be; rather, one has to be willing to declare that homosexuality is a positive good and that it is out of bounds to think otherwise. It is not enough to accept that others have differing religious views and to respect their right to hold and espouse them; rather, one must be willing to declare that one's own religious views are questionable and that all religious views are equally valid. It is not enough to accept differences in "culture" and to defend the right of others to engage in conduct and speech which one finds offensive; rather, one must be willing to declare one's admiration and love for cultural differences of every variety.

To me, tolerance and respect for diversity entail a willingness to live and let live, not an uncritical acceptance and affection for every other opinion or lifestyle. I can be a confessing Christian and tolerate the right of my neighbor to practice Islam without believing that Islam is as correct as Christianity. I can loathe rap music and oversized pants while recognizing that others are free to enjoy these things, and this does not make me intolerant. I can understand why some folks have bishops and a Pope without admitting that such institutions are a good idea. What is "tolerant" about accepting things that you like or agree with? Tolerance is living with things you don't necessarily admire.

On the other hand, some of my wingnut conspecifics insist that tolerance consists in adopting their position whole hog.

Either way, the epithet of bigot becomes a meaningless conversation stopper and is, in my experience, mainly deployed in lieu of reasoning. There should perhaps be something like Godwin's Law governing charges of bigotry in argumentation. Whoever makes the charge is deemed to have lost the argument unless it can be demonstrated that a) intolerance of a point of view has been exhibited, b) that intolerance is unreasonable, c) that the intolerance persists even in the face of valid refutation of the reasons, and d) the bigotry is not self evident.

posted by Vache Folle | 8:13 AM

I would also like to apologize for using the No Copy image from www.plagiarism.com without permission.

Another AP Government Apology

I apologize for, to the shock of all but two of my classmates, saying I do not support government aid to widows with children, even in the situation existing in 1935. I'm sorry for believing that theft is wrong no matter to whom one gives the stolen money.

Mises Institute apology

I must apologize for being a fan of the Mises Institute. Why? Well, it seems that some people, who are clearly distracted by various strawmen, equate the Mises Institute with being pro-slavery, pro-Baathist, and in collusion with leftists who have a warped definition of capitalism. In their eyes, I must be one sick puppy, so as long as they see things this way I feel as though I should apologize to at least make them feel more at ease as they continue to praise the leash that binds them.

The two books that I ordered from the Mises Institute book store during their sale arrived today. With both Making Economic Sense and Wall Street, Banks, and American Foreign Policy now sitting on my desk, I have plenty of Rothbard's wisdom to keep me occupied for the next few weeks. Of course, the latter book, when you think about it's title, must mean that Austrian economists and their admirers are just delusional leftists in disguise. Sorry for confusing people by advancing ideas that conflict with conventional statist logic.

Polities

I apologize for having a deep, abiding, and irrational hatred of anyone who uses the words "polity" or "ontological," or variants thereof. Or "gnosticism." I just want to kick their teeth in.

grab a partner, dosey doh!

When I told a certain paleolibertarian blogger that my former partner and I had looked into online backup services when we were considering competing with them, he said, "partner? what are you a faggot???"

So I apologize for thinking the unmodified noun 'partner' ought to refer to someone you are in business with -- or at least someone with whom you are collaborating on a project -- and not be assumed to designate romantic partner or domestic partner.

I apologize that when people say "partner" to indicate a girlfriend or boyfriend, I want them to say girlfriend or boyfriend or at least be specific enough to say "romantic partner" -- as stiff as that sounds, it's not much stiffer than "partner" unmodified.

I apologize for supporting gay marriage just so that gay people will say husband or wife and not partner. (I encourage them to do so now, if it's applicable, and to stop feeling like they need the State to grant them permission!)

I apologize for noticing that the straight people who use the term partner to designate what was once euphamized as "significant other" are usually academics or leftists in the "public" (i.e., government) or not-for-profit sectors. I think this particular bit of language banditry is the result, among other things, of being so anti-business as to not know anyone actually in business and not caring about communicating successfully with such people.

I apologize for being so insensitive on this issue, for not caring about all the complexities behind choosing contemporary non-sexist and non-heteronormative language. I apologize for being so sexist and heteronormative for believing that clarity of communication was easier before everyone undertook the value-neutralizing language-update game.

And finally, I want to apologize that this issue actually pisses me off when a healthier and more mature individual might just find it amusing and learn to adjust.

Speeders

I apologize for being quite annoyed by these irritating yuppies -- usually a white male professional in his 30s or 40s -- who continually brag about how fast they drive. If you ask them, "How long does it take to get there?" they will say, "oh, two hours," but then they add, with a proud sparkle in their eye, "--the way I drive, anyway!" What are these morons implying? That they have the magical ability to avoid traffic congestion, construction, traffic lights? That they just merrily drive 20 mph over the speed limit and never get caught? That they don't mind getting a traffic ticket? My suspicion is that most of these lunkheads are either lying, stupid, or exaggerating. And if they are telling the truth, that means they are signficantly speeding and thus posing a hazard to the rest of us.

Favorite Presidents

I apologize for telling my Ap Government teacher that my favorite president is William Henry Harrison, because he died before he could do any damage to the country.

Ebeling on Antisemitism

A heartfelt apology for the faux paus of my fellow libertarian and Austrian, Dr. Richard Ebeling, President of the Foundation for Economic Education, for having the audacity to write on "Mises's analysis of the basis of anti-Semitism in the interwar period in Europe, and the fate of the Austrian Jews" in his article Ludwig von Mises and the Vienna of His Time (part 1). Of course, non-Jews have no right to have any opinion about anti-Semitism (except that they can't adhere to it), just as men have no right to an opinion on abortion and so on.

Woops--here I am, myself, a non-Jew, writing in an indirect way about anti-semitism. I apologize for my hypocrisy.

And waitasec--how do I know Ebeling is not Jewish. Maybe he is. I deeply apologize for having wondered about it, now.

Wife and Magazines

I apologize for continuing to tease my wife, every couple months, for almost 10 years now, about the time she fell for a telephone magazine subscription salesman's pitch and ended up ordering $1000 worth of magazine subscriptions. She thought it was $29 one-time fee for around 15 to 20 magazine subscriptions, but it turned out it was a monthly fee for a 2 or 3 year term, amounting to about $1000. I got it canceled but have yet to let her live it down. Now anytime we get a magazine offer or something, I always annoyingly caution her not to agree if the price is more than $500.

Disabled

Wendy McElroy's excellent column, Disability Must Be Defined Before Debated, leads me to wonder about the following. Disabled advocates always get offended if disabled people are treated differently; even acknowleding they are disabled is considered offensive, hence the emergence of the stupid term "other-abled." Well, I agree! But why stop with those other-sited or other-legged in wheelchairs--what about the dead? Just because the person's body is inert and mouldering in a grave is no excuse to "label" them as no longer part of civilization. Why don't the other-animated have the right to vote? It's blatant discrimination to not let dead people vote.

Why stop there? What about those who never existed? What about all the kids I could have had if I had mated with more women and/or used less birth control? Their (sadly, never-formed) voices need to be heard! I say: give dead and non-existent people the right to vote and all other civil rights, too. It is the conceit of the living to think we are special. It is living-ism, or... existing-ism.

Of course, I apologize for this observation.

Recyling

I apologize for never having recycled a single time in the seven years I've lived in my City--the logo of which is the recycling logo. The blue bin they gave me when I moved in sits in a corner of my garage, collecting dust.

I also apologize for letting you, gentle reader, down, but not actually publishing an apology daily. I only hope that this post counts twice, so we are covered for tomorrow.

Poodle Grooming

I apologize for spending about $230 every 6 or so weeks to get my 2 standard poodles groomed. And for sleeping with both of them. And for shelling out about 4 grand a couple years ago to switch to a king-size bed, since the two poodle-horses were just too big for wife and me in the queen size bed.

Bad Email Etiquette

Today I received an email from the secretary of a former law school classmate (whose name I don't even remember). The Secretary included over a hundred email addresses--presumably those of the alumni of LSU Law Class of 1991--in the cc line, and said:

"Ms. Donna Unkel Grodner has requested that I set up email addresses for the LSU Alumni of 1991. Please advise if you have received this email. Thank you"

The email included that stupid frilly green leaf border that some jackasses use in their email.

I replied--to all--as follows:

"Big Daddy has received it. Big Daddy dislikes stationery backgrounds in email messages, even more than he dislikes when people put their sign-off email signature in a script font. Far worse are people who reply to all. "

Jennings, Carson, White Trash, and Smoking

I apologize for thinking of smokers--particularly young Americans--as being white trash, blue-collar (at best) losers. Smokers are definitely low-class in America, at least among the young:

A stark gap emerges, however, if you compare elites from both countries. In America, where cigarettes now have a loser image, only about one-tenth of those with college and graduate degrees smoke, compared to about 40 percent of high-school dropouts. But in France, nearly a third of upper-income earners smoke, a slightly higher percentage than in the lower classes.

And I apologize for immediately suspecting celebrities who die of or are diagnosed with lung cancer or emphysema as being said loser smokers. Celebrities are often rich because they are entertaining of have good voices, but often they are just otherwise lower-class, almost illiterate morons (witness Madonna, Alec Baldwin, Robert Downey Jr., Roseanne, Rosie Perez; even Bill Maher, though he is smart, is very uneducated). When Johnny Carson died a few months back, I immediatly suspected he was a smoker, and of, he was. Now we hear that Peter Jennings has lung cancer -- of course, because he, too, used to be a smoker. So I apologize for not feeling (very) sorry for those who come down with a self-inflicted disease, or for thinking they are basically white-trash. (I also apologize to Karen for thinking Harley riders are also low-class, as a rule.)

Palmer's Compliment

I apologize for initially taking umbrage at Tom Palmer's comment that I am "one of the dimmer bulbs on the [Lew] Rockwell chandelier". As "Vache Folle" points out, this " is hardly an insult. There are a lot of high wattage bulbs there, and it would take a lot of intellectual incandescense (or fluorescence?) to outshine them. Maybe you should thank Palmer for the compliment."

Chris Rock on Cops Beating Blacks

I noted previously Palmer's ridiculous , dour, humorless, dimwit-Serioso comments about Lew Rockwell's views on the Rodney King beating and related matters. I just came across this hilarious Chris Rock video, "How To Not Get Your Ass Kicked By The Police" (download a-beating.wmv; source 2). Yeah yeah, Mr. Palmer, I'm sure it's "racist" to think this video be funny. Yawwwnnnnn. YAWWNNNN.

Anyway, I guess I should apologize for thinking its funny. and for saying "be funny" above.

Da Pope and Protestants

I apologize for feeling a small, guilty pleasure at the thought that many Protestants, especially thumpers, grit their teeth in irritation when the Pope, even in death, continues to get all this media attention. They hate those outfits--not to mention the one billion followers--but feel compelled to muffle their ridicule and to pretend to "respect" a "man of peace" etc.