Zack Bass wrote: > --- In LibertarianEnterprise@yahoogroups.com, "Gary F. York" > <[EMAIL PROTECTED]> wrote: > >> I will, however, bow to the power of wiki and agree that you have >> established your point: some AnCaps will allow retaliatory force in >> excess of mere defense. Limited, and proportionate force, mind you. >> >> > > And so will I. As Kinsella points out, though, bowing to a practical > system of deciding what Punishments are proper is not a Moral > concession that it is not proper to Punish - it is merely something > that nice people like you and me are willing to agree to. > > Here's what I think we have arrived at that we CNA agree on, correct > me if I've got you wrong again, I do try: > You try to get me wrong? I think I believe that. :) You sure did succeed. > Suppose Jane goes back on her Promise and refuses to live up to her > Moral Obligation according to their Contract. So, in accordance with > their Contract's Non-Performance Clause, Kevin cuts out her heart and > sells her body to the Organ/Tissue/Bone Banks. > I say that it would be Wrong for someone to Punish Kevin for that act. > As I understand it, you would agree, because any Punishment after the > fact cannot be considered Defensive. >
Point one: I am not Kinsella. I didn't quote him; you did. If either of us can be presumed to accept Kinsella's views, it's surely you. (Of the prominent AnCaps, it's probably David Friedman who best would represent my current position. From what I've read of his published work, I've found nothing substantially worthy of dispute. I believe I've already mentioned this.) Point two: you either neglected to read (despite my hint) or simply prefer not to mention that Kinsella would consider your Jane/Kevin contract to be invalid himself. He very specifically considers just such a scenario as you present. Point three: The scenario is unrealistic. Organ banks wouldn't survive if they accepted Jane's organs from you. "Abstain from the appearance of evil." (King James version.) It's not the law; it's just a good idea. Don't walk like a predator, don't talk like a predator, don't in any way at all act like a predator and it's unlikely you'll be treated as one. Do try not to frighten your neighbors. No "organ bank" in your scenario is going to purchase Jane's heart from you; they will require (and the neighborhood will require of them) iron-clad proof of provenance for each organ in their possession and proof that each was obtained in a fashion nonthreatening to the community. The alternative is far too scary. Further, to protect themselves from false suit, it's in the organ bank's self-interest to require and maintain full documentation. Point four: The scenario is again unrealistic; Kevin is too stupid to believe. Why is he messing around with Jane? Compassion? I hardly think so. If he wants a sex-slave, all he has to do is advertise. Their seem to be plenty of Submissives who desire a Master. Jane is burdened with rug-rats; even if they weren't sickly, rug-rats _always_ play hell with the sex life. Ask anyone "married with children." If, on the other hand, Kevin is hoping Jane will default so he may indulge his -- less attractive urges, then, shoot -- cut to the chase: advertise for a suicide who is willing to endure a little pain in order to leave a nice bequest. All done up properly and well documented, I wouldn't have a problem with that -- assuming you (sorry, Kevin) set them free if they ask. Now Kevin might, of course, try to ensure that they could not possibly ask. That's a more dangerous course and also stupid. If they ask you to stop, you not only get to keep your money; you get to play with them for free. I mean Kevin. (It might even be supposed that Kevin was a humanitarian: he helped a determined suicide rediscover an urge to live. Perhaps his new-found will to live will persist. Consider a career as a therapist. You could pretend dispassion and reluctance and actually get others to pay you to hurt and/or kill them. You present the torture as a necessary preliminary to verify that they truly want to die. And of course you mention that it sometimes proves therapeutic. I mean Kevin, darn it.) But if Kevin is just not going to feel fulfilled unless he can dismember a truly unwilling victim, I'm afraid I just can't help him. I'd suggest he try to content himself with virtual reality. Or prepare himself for that hoard of ravening neighbors. G.
