Charles Hope and the Luminous Top

John Jay on jury nullification

Explicitly acknowledging jury nullification, the first Chief Justice, John Jay, wrote: “It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision… you [juries] have a right to take it upon yourselves to judge both, and to determine the law as well as the fact in controversy”.

Diagnosis, advanced stage Neoconservatism

As a left-wing movement that drifted rightward, neoconservatism still bears the typical characteristics of a left-wing sect, even ones that are at odds with the conservative context.

Behold:

Narratives of alienation and victimhood

"The 1977 classic movie, Star Wars, portrayed an epic struggle between a righteous outnumbered few (Rebel alliance) against a much stronger dominant government (Empire). The now well known story tells how a small group of activists can effect change by adhering to their principals as a source of power and focusing their efforts on the identifiable vulnerability of their adversary. A useful analogy may be drawn to the current situation of contemporary conservative activism."

Ideological sectarianism

"The recent departure of Arlene Specter can be likened to the lancing of an abscess to remove the nidus of infection which is necessary for a body to be healed. Similarly, the Republican party must purge out the Republicans In Name Only (RINO) if they do not immediately repent. The “force” of the Republican party is their conservative principals, just like the Jedi Luke Skywalker, they must resist temptations away from this force."

Neoconservatism furthers the original left-wing goals by invading the right wing like a virus and destroying it with the same dysfunctional memes that doomed the Old Left to irrelevance.

Health-care discussion makes people stupid

Health-care discussions take place in a strange context with bizarre unchallenged assumptions.  Why is health-care service so tightly associated with employment?  They say health care is a right because it's essential for survival, but isn't food even more essential?  Why don't we hear about single-payer plans for providing society's food needs? 

If health care is too expensive, why don't we look at other products and services (such as food, clothing, shelter, transportation?) whose prices are low enough to be within reach of most, and see how that developed?  The economists should be able to advise us on what conditions are required for price decreases. 

When you hear about plans that penalize those who choose not to buy medical insurance, are you alarmed, or do you actually think this is serving the best interests of the citizens?  Would you seriously consider a plan to bail out Detroit by penalizing Americans who don't buy cars?  And why would it be completely unacceptable for the poor to receive lower quality health care in a society where they already receive lower quality food, housing, and education? 

Reaching out

Suppose we have an institution, but the membership doesn't closely mirror the demographics of the United States. (World demographics never seem to matter; in these concerns we are strictly nationalist.)  We are then obliged to reach out for new members of whatever type is underrepresented in our rolls.  Why? 

We could reach the same result if we kick out and ban members from the overrepresented class; is that an acceptable solution?  Why was the founding demographic able to start the institution, and why can't any other group start their own; not a copycat junior auxiliary but an independent innovation from scratch, like the first one was? Certainly if they have good talent that is unfairly ignored, they could do so. 

Why does the composition of the group matter?  One might say that it does in an vital institution like government, but is our group really that important?  Seriously? If diversity is better than uniformity, it means that people are different according to their background.  But if people are different according to their background, then pure meritocracy is shattered and there's an acceptable basis for excluding people of a certain background.

I ♥ Growth

In light of the recent economic downturn, some have questioned the assumptions that underlie our economic system.  I've seen some blame the expectation of economic growth as the culprit, and longingly ponder a post-growth future.  But it occurred to me that economic growth stimulates not only risky speculation and the unsustainable of natural resources, but also increased efficiency.  In the quest for stockholder benefits, managers and engineers have ruthlessly squeezed incredible efficiencies out of limited resources, and I'm not sure how this could be motivated in a post-growth economy.

Libertarians are all rich white men

From the Socialist murals on playground walls, the absolute absence of racism, neighbors borrowing milk money until the food stamps came, the prison-like atmospheres of elementary school and welfare office, submission to humiliation by bureaucrats, desolate chain-link concrete modernism, the Times Square of the 70s in which I grew up resembled a Third World communist country. 

Except that cars filled with rich theatergoers constantly drove past, so we knew there was a better life somewhere else, with color TVs and Sara Lee cakes which, at $3.50, were a rare luxury.  Middle-class liberals address poverty using transfer programs, yet what was more important for us was dignity and the self-esteem that comes from achievement.  New York City is a city of walls, doors where your union card is checked, closed systems with waiting lists, an inside and outside. Your first paycheck is at best two weeks away, and if you're hungry right now, tough luck.  If you have momentum, skills, a network, and enough cash to last a few months, it's a wonderland of opportunity.  Otherwise, you're screwed and you're going to stay that way.

But there was once a time when avenues were open to the poor, rough avenues that offend tender middle-class sensibilities, but honest ones that meant the difference between dignity and begging. These days paperwork is required everywhere, I've been hassled on the street by the police trying to buy a used coat because the seller didn't own a store.  I was outraged at age 12 when I realized I couldn't get a job without working papers. So I want to hear about eliminating barriers to entry, removing licensing requirements, tearing down the social controls and allowing anybody with initiative to make it. All the hated words like deregulation and privatization are for me sweet drops of water for the parched, and talk of welfare programs means humiliation and hopelessness.

Update: Rick Wolff asks: “NY state law limits you to $12 of soda can refunds per day per store. Why? Why don't they just outlaw homelessness?”

Are there any male sex bloggers?

Some New York City sex bloggers decided to create a pinup calendar. It features 11 women and one male-identified butch.  Are there any male sex bloggers in existence?  Or do we just not care to see them naked?

How much physical power is owned by the government?

What fraction of the physically strongest people in our country are owned or controlled by the government as soldiers, police officers, etc.?

Natural rights, succinctly

I found a very clear exposition of the natural rights and their consequences, thanks to Gerald Casey.

1. Adam may legitimately command Benjamin to refrain from action C if and only if C is a demonstrable initiation of aggression against the person or property of Adam or against the person or property of another innocent human being.

2. Adam may legitimately command Benjamin to perform action C if and only if C is an element of a freely (non-coercively) arrived-at binding agreement between Adam and Benjamin, and C does not violate condition 1.

3. In no other case may Adam legitimately command Benjamin.

4. If, in 1, Benjamin refuses to refrain from the action C, then Adam may use proportionate force to restrain or punish him.

5. If, in 2, Benjamin refuses to perform action C, Adam may use proportionate force to elicit compensation.

6. If, in 3, Adam commands Benjamin, Benjamin may refuse to comply with such a command and, where appropriate, may resist that command with proportionate force.

Jews & Neoconservatism

Some say "neoconservative" is a slur invented by the left. Others are confused by any claims of association between Jews & Neoconservatism, since some prominent Neocons are gentiles.

Commentary Magazine explains that it

is America’s premier monthly magazine of opinion and a pivotal voice in American intellectual life. Since its inception in 1945, and increasingly after it emerged as the flagship of neoconservatism in the 1970’s, the magazine has been consistently engaged with several large, interrelated questions: the fate of democracy and of democratic ideas in a world threatened by totalitarian ideologies; the state of American and Western security; the future of the Jews, Judaism, and Jewish culture in Israel, the United States, and around the world; and the preservation of high culture in an age of political correctness and the collapse of critical standards.