NAP Time

This is the second in a series on The Harvard Classics; the rest of the posts will be available here. Volume II: Plato, Epictetus, Marcus Aurelius

The non-aggression principle (or “NAP”) is an important concept in natural rights theory and contemporary libertarian political theory. Essentially, the non-aggression principle holds that one may not forcibly interfere with another or his property. I’ve heard it expressed as: you are free to do as you like so long as you keep your fist away from my nose and your hands out of my pocket.

Wikipedia helpfully lists several other formulations over time:

“Being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” – John Locke

“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’, because law is often but the tyrant’s will, and always so when it violates the rights of the individual…. No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.” – Thomas Jefferson

“Every man is free to do that which he wills, provided he infringes not the equal freedom of any other man.” – Herbert Spencer

“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” – John Stuart Mill

“No one may threaten or commit violence (‘aggress’) against another man’s person or property. Violence may be employed only against the man who commits such violence; that is, only defensively against the aggressive violence of another. In short, no violence may be employed against a nonaggressor. Here is the fundamental rule from which can be deduced the entire corpus of libertarian theory.” – Murray Rothbard

Sounds pretty reasonable to me…

Beer of the week: Mastne Cieszyńskie – This is a really good Polish ale. Mastne Cieszyńskie is light brown and a little bit hazy. The smell is classic and malty with a hint of raisin. The flavor follows the aroma. This is a very enjoyable ale.

Reading for the week: Crito by Plato, 44e to 48d – The fact that Plato is in the same volume of The Harvard Classics as Epictetus and Marcus Aurelius seems to indicate the editor of the series sided with the Stoics in the ongoing battle for what school of thought gets to claim Socrates as its own. In this excerpt from Crito, the title character is trying to convince Socrates to escape from Athens, where he has been sentenced to death. In part, he argues that if Socrates choses to die when he might otherwise live, he will be committing an act of violence upon his friends and children.

Question for the week: Particularly in the the formulations by Locke and Jefferson, it is clear that the NAP relies on an underlying assumption of equality. Without that assumption, can the principle still be compelling?

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Lunar New Year’s Resolution

This is the first in a series on The Harvard Classics; the rest of the posts will be available here. Volume I: Franklin, Woolman, Penn

Happy (Lunar) New Year! For those of us who are bad at planning ahead and/or following through on goals, Lunar New Year presents an excellent second chance at a meaningful resolution. Did you forget to pick a New Year’s resolution before midnight? Have you already thrown in the towel on your resolution a month and a half into 2018? Well Lunar New Year is here, so give that resolution another go.

Nearly two years ago, I received a set of The Harvard Classics as a gift. I have not, however, made much use of them since. To be sure, several readings on this blog have come from that set, but there are certainly volumes that I haven’t even cracked. So my (Lunar) resolution for the blog is to take a reading from each volume of The Harvard Classics for the rest of the year. Because a Lunar Year is just over 50 weeks, and The Harvard Classics has 51 volumes, I should finish just in time to pick a New New Year’s Resolution.

It just so happens that the first volume of The Harvard Classics has already provided readings for this blog: from William Penn’s Some Fruits of Solitude and Benjamin Franklin’s Autobiography. The only other work in Volume I is The Journal of John Woolman, an excellent place to begin thinking about how to make the most of a new year. Woolman was obsessed (that just may be the best word for it) with the simplicity and cleanliness. As a Quaker, simplicity was not just a personal goal, but a tenant of his faith. He refused to eat or drink from silver vessels, a decision precipitated by a fever dream in which he saw slaves working in a mine, cursing the name of Christ and the greedy Christians who would enslave their fellow men and put them to such hard labor for the sake of something as unnecessary as gems or precious metals. He also eschewed dyed fabric, which he also regarded as a superfluity. Although that level of simplicity may seem a bit extreme, he reasoned that “if the value of dye-stuffs, and expense of dyeing, and the damage done to cloth, were all added together, and that cost applied to keeping all sweet and clean, how much more would real cleanliness prevail.” Why should we clutter our lives with unnecessary objects and expenses, when we could put our energies toward living a more tidy and ordered life?

So here’s to a simpler, cleaner New Year!

Beer of the week: Fat Alberta – Woolman would not have much good for a beer this complex.  This is an imperial stout from Throwback Brewery with peanuts and cocoa. With that in mind, I was expecting something more like a chocolate peanut butter cup. But peanut butter cup flavored it is not. Fat Alberta pours with big bubbles and lots of sticky head. On the nose is dark chocolate, but there is not a super strong aroma. The first sip is quite bitter, like eating baking cocoa. The dark malt flavors are very strong, which covers the 10% alcohol. After the initial shock of having a bitter rather than sweet beer, I noticed a bit of coffee and a hint of peanut (or was that the power of suggestion from the label?) The alcohol makes itself known in the end and the bitter cocoa hangs on the back of the throat.

Reading of the week: The Journal of John Woolman – This reading is actually the very last entry in Woolman’s journal, written just a month before his death of smallpox. He was, at the time, touring England, visiting Quaker meeting-houses throughout the country and preaching.

Question for the week: Now that you are aware of your second chance at a New Year’s Resolution, what do you resolve?


There Oughtn’t to be a Law

If you’ve ever said to yourself, “there ought to be a law,” you should probably rethink that position.

In the first place, there probably is a law that governs whatever you are up in arms about. As I’ve noted before, there are literally so many federal criminal laws that nobody can even say for sure how many there are. And, because federal agencies have the authority to issue rules and regulations, there may be as many as 3,000 administrative regulations that carry criminal penalties. Then, of course, are the state laws. Traditionally, federal criminal law was limited to very particular sorts of crime inherently related to the federal government (counterfeiting, for example.) As a result, the vast majority of criminal laws were promulgated at the state level. The tremendous “federalization” of criminal law hardly did away with did any of the state laws (with rare exceptions of federal preemption), and so there are far more laws now than ever.

Secondly, and more importantly, even where there is not a statute that directly addresses a particular set of circumstances, existing common law still applies. Common law is court created law (or “court discovered law” if you are a serious believer in the natural law and the power of common law courts to divine the eternal precepts thereof.) Common law is developed over time by the courts relying and building upon past rulings. In the words of Montaigne, “in rolling on [laws] swell and grow greater and greater, as do our rivers.” So, for example, there may not be a statute that requires above-ground pool manufacturers to include warnings against diving, but case law almost certainly creates such a duty. Similarly, there may not be a statute or regulation preventing breakfast cereal manufacturers from putting a certain poison in their foods, but there doesn’t need to be; established negligence and products liability case law provides substantial protections for consumers.

And finally, law is quite often not the proper mechanism to achieve your (no doubt noble) aims. In the words of Jeremy Bentham, “Every act which promises to be pernicious upon the whole to the community (himself included) each individual ought to abstain from of him: but it is not every such act that the legislator ought to compel him to abstain from.” In part, law is not an adequate solution to many problems because it is always enforced by violence or the threat of violence, and that violence has its own costs.

Next time somebody says “there ought to be a law,” ask whether they are certain that there is not some statute, regulation, or common law that does not already cover the subject matter. And, regardless of whether such a law exists, ask whether there is not some better, non-legal remedy for the perceived problem.

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Beer of the week: 12th of Never Ale – The idiom “on the 12th of Never” is used to express improbability. And, improbable as it may have seemed years ago, Lagunitas has been started putting their beer into cans. This, the first aluminum encased offering from Lagunitas, is a cloudy, straw-colored pale ale. There is lots of pineapplely hops, and a nicely rounded flavor. An excellent beer, even if it does come from a can.

Reading of the week: An Introduction to the Principles of Morals and Legislation by Jeremy Bentham, Chapter XVII§1, VIII-XV – In this excerpt, Bentham opines that drunkenness and fornication are among the pernicious behaviors that laws are ill-suited to preventing. “With what chance of success, for example, would a legislator go about to extirpate drunkenness and fornication by dint of legal punishment? Not all the tortures which ingenuity could invent would compass it: and, before he had made any progress worth regarding, such a mass of evil would be produced by the punishment, as would exceed, a thousandfold, the utmost possible mischief of the offence.”

Question for the week: If you could repeal any law, what would it be?


The Spiritual Tourist

I have been to Bongeunsa Buddhist temple in Seoul, Korea. I’ve toured the Spanish Synagogue in Prague, Czech Republic. I have visited two of the world’s nine Bahá’í Houses of Worship (in Ingleside, Australia and Willamette, Illinois.) I have been to the Great Mosque of Xian, China and the Blue Mosque in Istanbul, Turkey. I have toured St. Peter’s Basilica, the Sistine Chapel, and several other churches throughout Italy and Europe. All these and a great many more religious sites I have visited as a tourist rather than as a pilgrim.

For a non-pilgrim, sites of religious or spiritual significance pose a delicate dilemma:  how can a tourist take in a culturally valuable experience without degrading another’s holy place?

To some extent, this problem is solved by those in control of the venues. In Moulay Idriss, Morocco, all non-believers are denied access to the mosque and mausoleum of Idris I. In Rome, a small fee buys admission to the Capuchin crypts beneath the church of Santa Maria della Concezione dei Cappuccini, without any question of faith. At various churches throughout the world, visitors are invited in, but photography is forbidden.

But no matter where, nor what creed is dominant, touring a religious site is always a peculiar event. The art, the architecture, and the history are often of extreme interest to people of all faiths. How does one balance basic human curiosity with the need to show adequate reverence?

In my experience, the best course is to take in all religious sites, regardless of denomination, with a sense of quiet awe and respect. It matters little whether the religion of the site is the same as that of the tourist. What matters is that the religious site is a monument to the faith of those who built and maintain it. Even those who hold other beliefs (or, indeed, no religious beliefs at all,) should be able to appreciate that the desire  to create such a sacred space comes from an important and fundamental part of human nature.

Beer of the week: Moat Mountain Czech Pilsner – This New Hampshire take on the classic Czech pilsner pours a nice, clear gold. It has a bit of malt aroma. But Moat’s Czech Pilsner does not have quite enough hops for my taste, either in the aroma or flavor. This is a good beer, but it comes up short of the best Czech beers.

Reading of the week: The Spirit of Russia by Tomáš Garrigue Masaryk – Whose writings could be a more appropriate paring for a Czech pilsner than those of Masaryk? He was the first president of the independent state of Czechoslovakia, and a life-long advocate for a free Czech and Slovak people. This excerpt from his book on the peculiar culture of Russia includes an anecdote about a visit he made to a remote Russian monastery, not as a pilgrim, but as a “mere sightseer!”

Question for the week: Can a non-believer truly appreciate the value of a religious site?