Get ready for a wall of text. Autolykos and I were going to chat about this in a pm session, but I suggested that we should post this in the forum.
Nielsio and Autolykos had this discussion about Lifeboat situations and other situations. Some of my comments may be out of order in relation to the video. They made a lot of great points, and here are my thoughts about their conversation:
Nielsio and Autolykos talk about what right and wrong mean. Nielsio states that he sees right and wrong in terms of what is good for himself. This also carries over to even when he is a third party – he doesn’t like muggers even if they don’t mug him, and this is because he doesn’t want “muggers to roam free”.
Autolykos states that the terms justifiable and moral concern coercion (the use or threat of physical force). Specifically, he stated, “For something to be considered justified or moral…I’m not going to respond to it with coercion…And if something is unjustified or wrong or immoral, I would, if I’m able, I would respond to it with coercion.”
Here is where I want to insert my own opinion on the matter. Statements regarding rights can only be stated positively or normatively. And the normative statements can be broken down into two different categories, though there can be overlap depending upon an individual’s values. I call these categories “moral rights” and “just rights”. Just rights concern what ought to be the law, and moral rights concern anything regarding right and wrong behavior.
Not everyone uses moral in this way – Autolykos has told me that he prefers to use the word ethical in that way, so that he can reserve moral for behavior concerning coercion (I believe he originally told me aggression, but in the video he said coercion, so I’m going with his most recent statement).
Anyway, there was one point that they did not make about the lifeboat situations that Murray Rothbard makes: “These are the implications of the NAP in a lifeboat scenario. I’m not saying what would be the moral choice, only that these are the rights the NAP implies in such a horrible situation.” As Rothbard stated:
Regarding the Railroad example (around 17 minute mark, give or take): Autolykos takes the position that whoever flips the switch to kill one group over the other is guilty of murder, as he took an active role. Nielsio takes a different position, that whoever set up this horrible scenario is the person guilty of murder.
I want to take a slightly different approach. First, we must look at what law is. Law concerns disputes that would otherwise turn to violence. If a dispute would not turn to violence, then it has nothing to do with the law of any given community. For example, if two people have a dispute about what movie to watch at the theater, so long as this dispute doesn’t involve violence, it has nothing to do with the law. But if it does turn to violence, then if the parties to the dispute don’t resolve it on their own, they can take it to court, and it will be in the sphere of law.
So what does this mean for the railroad situation in a libertarian society? Well, someone dies in the scenario. The family of the victim wants justice. Who is their dispute with? Is their dispute with the criminal mastermind or the person who ended up flipping the switch? It is my belief that this depends entirely upon the context of the situation.
What if there are robbers who have taken hostages within a bank? What if the police just blow the bank up? Who is liable for the deaths of the hostages? The bank robbers instigated the situation, but the police are the ones who are obviously liable for the deaths of the hostages. Most likely, the family of the victims would take the police to court.
But what if we are in a less obvious scenario? What if, as in one of the scenarios Nielsio posits, a criminal holds a gun to your head and orders you to murder someone else or die? Well, Nielsio and Autolykos take the position that you can’t trust the words of a psychopath (which is very true, as psychopaths tend to lie a lot). But let’s suppose arguendo that the psychopath isn’t lying. So, who would the family of the victim take to court?
Well, we can’t know until it happens, but it may be that the family of the victim might very well forgive you for the murder and take the criminal mastermind to court. After all, it is within the family’s rights to forgive any criminal for their transgressions, and it is also very true that the criminal mastermind is also very guilty.
But, we can always complicate it further. Suppose you kill the victim, but what if you stalled for another 30 seconds? What if a sniper was in position to save the day if only you waited? Well, maybe the family of the victim won’t be so forgiving. Maybe they will.
So, my point is, you are certainly liable for your actions, but in a libertarian society, that does not necessarily mean that a family of your victim will press charges against you.
Nielsio and Autolykos steer the conversation towards reputation. “How do we deal with crazy people?” They make some great points about reputation. However, this section lacks examples, so I thought I would provide some for people to think about (and feel free to post any other examples you think of, we always need more!).
Example 1: When I was in Ireland, I found out from one couple that ran a bed and breakfast that instead of having police (garda) patrol the highway, they have vans that monitor the highway and keep track of who is speeding. So instead of being pulled over, you just get a ticket in the mail.
Example 2: Costco. You have to buy a membership to shop there. Not just anybody can walk into one of these stores. Costco is not a secretive elite store. The idea is that you buy a membership and you get cheaper goods throughout the year (Costco buys stuff in bulk). So maybe the corner store won’t make you buy a membership to shop there, but the point is that there are stores now that do require a membership. In a libertarian society, a shop owner in a bad neighborhood might require a membership of some sort for you to shop there. He may or may not make you pay for it. The point is, he would be able to keep better track of people entering his store. And maybe, as Nielsio pointed out, a group of stores might share this information. So you could buy a membership to the neighborhood stores. Store owners in a bad neighborhood would be able to know that you cannot enter if you aren’t trustworthy (or you are trying to rob them, but they will have a heads up).
Example 3: The Better Business Bureau. In a libertarian society, organizations such as the BBB would actually gain more power, as the government would not be providing a “safety net”. (Ha! Because that’s what the government does, right?)
Autolykos made the point that it would be difficult for store owners to share information about thieves. But as Costco demonstrates, stores might take a more proactive approach. “You can’t shop here unless you can show that you are trustworthy or someone can vouch for you.” Middle-class towns might not bother with this, but in a more dangerous neighborhood, store owners can better know the people in the immediately vicinity and just make it so that you need to display some card as you enter the store (this is what happens at Costco).
Anyway, these are just some examples I could think of off the top of my head regarding some of these ideas already being practiced.
Re surveillance: I completely agree with Autolykos that there might very well be more surveillance in a libertarian society while on other people’s property. And Nielsio points out that in a libertarian society, we know that these people are here to make things safer. But the state does not do this. A lot of their surveillance is just about making more revenue, whether it is about your income or just trying to milk people at speed traps (he didn’t use those examples, but the point applies). Great points from the both of them on this subject.
Autolykos brought up a situation about where you come across a drowning man. If you do not help the drowning man, are you liable? Autolykos says no, and he “considers it a huge dick move” to not help. I agree. Nielsio’s response is great. Not helping people in this type of situation is a huge red flag, just as when someone kicks his dog. He may not legally a criminal, but he is displaying dangerous tendencies, and this hurts his reputation.
I just wanted to add, how is society supposed to even find out about this kind of situation? Presumably, you are the only person with a boat in the area, as this man could always swim to another boat if this were not the case. So, you let this man drown, and how is society supposed to find out. So, I just want to point out that if someone presents you with this scenario, head them off and ask what is the point of the question? Are we trying to determine law based off such a scenario? Society will never find out, so why are you asking what the law ought to be?
I highly suggest that people listen to the segment starting at 56:20. Very good points.
Regarding welfare and charity (58:25): Excellent points by Autolykos. I recommend this section as well. It lasts several minutes. Worth the listen.
Re flagpole: Very interesting points by Autolykos. Removing the person from the flagpole means violating his rights more than he has violated your rights. You would be liable for murder. Nielsio and Autolykos make great points about proportionality and the purpose of property rights. Worth the listen.
I want to add to this section the function of norms. Nielsio states that if a farmer doesn’t use his farm for 20 years, then he has abandoned his land. This number is entirely arbitrary. This is where norms and law regarding abandonment are useful. In some communities, it may take only a few years to constitute abandonment, while in other communities, property might not be considered abandoned until the death of the owner. We can’t know what the optimal number is from armchair analysis. We find out the answer to this question through the process of law, specifically decentralized law.