Category Archives: libertarianism

UPDATED: In Defense Of Jacko’s Doctor

Drug War, Individual Rights, Justice, Law, libertarianism, Pop-Culture, Regulation

The following is from “In Defense Of Jacko’s Doctor,” now on WND.COM:

What a difference a few years can make. In July of 2005, cable TV’s crusaders wanted that frail stick figure, Michael Jackson, locked away forever. Jackson was a danger to ‘our’ children, they insisted. Had not his accuser said so? The ‘kid’ in question was a five-foot-seven, hirsute, habitual liar and shoplifter, who was following in the tradition of a family of transients and tramps.

Today, the same characters on the networks are having a whale of a time at the prospect of jail time for Dr. Conrad Murray. Murray was convicted of the involuntary manslaughter of Mr. Jackson. The pop sensation died of a fatal dose of the anesthetic propofol. It had been administered in the singer’s bedroom on June 25, 2009.

Dr. Murray, who had been out on bail, was promptly declared a dangerous offender by Los Angeles County Superior Court Judge Michael Pastor. ‘This is a crime where the end result was the death of a human being. That factor demands rather dramatically that the public should be protected,’ said Pastor.

What a difference a day makes. Before the verdict, Murray was out and about among the public, during which time he did not put anyone under.

Jackson, whom I defended when the prosecutor known as ‘Mad Dog’ (Thomas) Sneddon picked up the star’s scent and gave chase, charging him with child sexual abuse—was a deeply disturbed, body dysmorphic, drug-addicted man. Nevertheless, he was an adult, not a child. His decisions were his to make. And Michael Jackson had hired Murray to feed narcotics directly into his bloodstream. …

With a steady stream of ‘milk of amnesia,’ Mr. Jackson should have expected an unsteady practitioner. …”

The complete column, “In Defense Of Jacko’s Doctor,is now on WND.COM. Read it. “Like” it!

My book, “Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa,” is available from Amazon. (Don’t forget those reviews; they help.)

A Kindle copy is also on sale.

Barnes and Noble is always well-stocked and ships within 24 hours.

Still better, shipping is free and prompt if you purchase Into the Cannibal’s Pot from The Publisher. Inquire about an Xmas special on bulk buys.

UPDATE (Nov. 11): Robert, there’s the reason I do not watch any show where a 100 pound woman with implants and cleavage bests all men in some of the traditionally toughest male roles there are. I advise men against watching these shows, and taking firm control of the remote. It goes without saying, I lost your thread, but, no need to xplain. [Grin.] Oh, good, manly programs: The Unit, Flashpoint, and Special Ops training on the Military channel. These give you an indication of what’s really involved in a manly work, and why we should not emasculate men.

UPDATED: Drug Pusher & Purchaser Innocent In Libertarian Law (On Selecting for Low Character)

Celebrity, Free Will Vs. Determinism, Individual Rights, Justice, Law, libertarianism, Liberty, Psychiatry, Psychology & Pop-Psychology, War on Drugs

The trial of Dr. Conrad Murray, “the doctor charged in Michael Jackson’s death,” drags on. “Authorities contend Murray gave Jackson a fatal dose of the anesthetic propofol in the singer’s bedroom on June 25, 2009. Defense attorneys claim the singer gave himself the fatal dose.” (WAPo)

Murray agreed to become Jackson’s personal physician for $150,000 a month but was never paid because the singer died before the contract was signed.

Jackson, whom I defended when ‘Mad Dog’ [Thomas] Sneddon picked up the star’s scent and gave chase, was a deeply disturbed, body dysmorphic, drug-addicted man. But he was an adult, not a child. His decisions were his to make. He hired Murray to feed narcotics directly into his bloodstream.

If not for the medicine of this admittedly shoddy practitioner, Jackson would have ended-up dead, in a back alley with a needle in his stick arm, a long time ago.

In the libertarian law, Dr. Conrad Murray is innocent (if odious).

A drug purchaser and a drug pusher have agreed on an exchange. If it is voluntary and consensual, then both parties expect to benefit ex ante. A voluntary exchange is, by definition, always mutually beneficial inasmuch as, at the time of the exchange, the buyer valued the purchase more than the money he paid for it, and the seller valued the money more than the goods he sold.

There will always be meddling third parties seeking to circumscribe and circumvent a voluntary activity not to their liking. Some feminists want to stop lovers of pornography from making or consuming it. Other busybodies would like to stop adults from gambling. These third parties have no place in a transaction between consenting adults, unless these transactions infringe directly—not foreseeably—on their property or person.

Any transaction that was at the time of occurrence voluntary, and hence beneficial to the participants, can, retrospectively, be denounced as harmful and regrettable.

The legislator has no place in a voluntary exchange between adults, as dodgy and as dangerous as they may be (like dwarf tossing). Murray might be an unsavory character. He would not be my choice for a medic, but he does not belong in jail.

UPDATED (Oct. 27): ON SELECTING FOR LOW CHARACTER. Some interesting comments have been made below, under Comments. First, not to be schoolmarmish, but addiction is not a disease. Please click “Drug War,” on my Articles Archive, and read some of these titles. The category of “Psychiatry and The Therapeutic State” is also relevant to grasping that the disease model of misbehavior has no place in a free society:

Charlie Sheen’s Out of the AA ‘Troll Hole’
VICES ARE NOT CRIMES
HARRY’S HOUNDERS AND OTHER VILLAGE IDIOTS
Addicted To The Drug War
Tokers Are Terrorists Now
Medical Mumbo Jumbo Does Not Explain Addiction
Addictions Are About Behavior, Not Disease

As to the good points raised in Comments. We live in the real world which is encumbered by positive law. Analysis must avoid, in as much as possible, levitating between what “is” and what “ought to be” (although all libertarian analysis, given its deference to natural law, will so err).

The type of “service” Jackson required from this Murray man was one that few competent, above-board practitioners would agree to perform. I’ve used a similar argument to make the case that our immigration law selects for low character: yes, left-libertarians like to believe that the best and bravest of humanity will cross our borders illegally. As an immigrant who knows a bit about the US visa system, I assure you that this is seldom the case. (Read more.)

It appears that poor Jackson did not have the fiduciary and intellectual wherewithal to sign a contract specifying Murray’s responsibilities. But even had Jackson done that prudent thing, Murray would have likely flouted his obligations, irrespective of the Hippocratic oath he took. See comment above. Risk is implicit in buying a dodgy service such as anesthetizing yourself to sleep every night. However much I paid my doctor, I know she would refuse. She’s a go-by-the-book woman.

What is true is that if all drug dealing were licit, Jackson would have had access to a better practitioner. However, private medical associations would have probably not licensed Murray and would refuse to give their medical imprimatur to individuals who were prepared to anesthetized a man to sleep each and every night (give him his “milk,” as the warped Jackson called this deadly, almost necrophilic practice).

Either way, your best and brightest medics would not be willing to cease practicing in their area of specialty, and contend themselves, as professionals, with the nightly routine of hooking up a celebrity’s IV.

Here’s another clue Jackson ought to have used in assessing the risks of hiring Murray: the man is a cardiologist, for heaven’s sake, not an anesthesiologist. The latter is a specialty in itself.

UPDATED: All Burglars Are Home Invaders (Property Über Alles)

Crime, Democracy, GUNS, Individual Rights, Justice, Law, libertarianism, Political Philosophy, Private Property, The Courts

In “All Burglars Are Home Invaders,” now on WND.COM, I discuss the culprits Joshua Komisarjevsky and his accomplice Steven Hayes, who “On July 23, 2007, were apprehended at the scene of a crime—the Petit family home in Cheshire, Connecticut. Their crimes:

• Raping Mrs. Hawke-Petit and her 11-year-old daughter Michaela.
• Strangling Jennifer Hawke-Petit.
• Setting the family home on fire, thereby killing Michaela and her 17-year-old sister, Hayley.

“… the Media and law enforcement are in the habit of describing a deadly home invasion as “a robbery gone wrong.” Consequently, homeowners have been culturally conditioned to consider the uninvited house guest as one would a modern-day Jean Valjean. Like Victor Hugo’s protagonist in Les Misérables, the “thief” is likely looking only to take a loaf of bread and leave—that is unless he openly announces his intentions to harm his reluctant hosts.

One extremely conservative writer even bristled when a news reporter broke protocol and applied the ‘home invasion’ appellation to the offense of breaking and entering:

… burglary is when a person illegally enters private property and steals things. A home invasion is when people illegally enter a home in order to terrorize, harm, or kill the residents… If we start calling all burglaries ‘home invasions,’ we lose the distinction between them.

The sooner we lose this distinction the better! All burglars are home invaders in-the-making.

Confronted with a criminal breaking and entering, there’s precious little the occupant can do to divine the intentions of the invader. It should be assumed that anyone violating another man’s inner sanctum will willingly violate the occupant. …If you believe in the sanctity of life you should fight for the sanctity of private property. It is a man’s right—even obligation—to defend his life and the lives of the loved ones living under his roof. Arguably, a right that is not vigorously defended is as good as a right forfeited. …”

The complete column is “All Burglars Are Home Invaders,” now on WND.COM.

My new book, “Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa,” is available from Amazon.

A newly formatted, splendid Kindle copy is also on sale.

Shipping is free and prompt if you buy Into the Cannibal’s Pot from The Publisher.

UPDATE (Sept. 23): PROPERTY ÜBER ALLES. I would probably disagree with Myron Pauli about the equal importance of the troika of liberties all libertarians should shout from the rooftops. Property trumps liberty, for liberty can be variously defined. Our government insists we are free so long as we can vote. We know this to be untrue. Property, moreover, is harder to redefine. Thus, if our rights to property were fully upheld—the same state that tells us to consider ourselves free (and be grateful) would be unable to control huge areas of our lives—bedroom, boardroom, you name them.

“Life, liberty property”: I don’t believe them to be equally weighted elements of liberty.

Troy Davis, The Sanctity of Life & The Racism Card

Crime, Criminal Injustice, Justice, libertarianism, Liberty, Political Correctness, Propaganda, Race, Racism

The macabre count down to an execution is always a horrible affair—for all except a few sorts like Ann Coulter. She has never encountered a country she didn’t think the US should level, or an execution not worth carrying out. The commutation of the death sentence of Troy Davis (who has since been executed) seemed eminently reasonable to me (who supports the death penalty) in light of the fact that, according to reports, the Davis sentenced was based on eye-witness testimony, which is always iffy. (Surprisingly, Chris Matthews covered the case well, looking at all angles and evidence.)

The assertions of “racism,” however, are as despicable as Coulter’s prod to kill.

I am so sick of people (many of them in the liberty camp) who think their moral status is elevated by fingering others as racists. Cut that crap already. As one of my readers pointed out, on the very same day that Davis was scheduled to die a white man “was headed to the death chamber … for the infamous dragging death 13 years ago of James Byrd Jr., a black man from Jasper in East Texas.”

Argue on the merits of a case, don’t make amorphous, feel-good charges of racism.

I agree with BARRY SCHECK, who raised a reasonable case for commutation:

…at the Innocence Project, we have over 275 people who were
exonerated with post-conviction DNA evidence. And, remember, DNA evidence
is only present in less than 5 percent of criminal cases. So, what about
all the other ones where there may be eyewitness misidentification, perhaps
as happened in the Troy Davis case or bad forensic evidence that we know
definitely happened in the Troy Davis case?

It’s futile to remind Republicans like Coulter that commutation is not exoneration. Republicans generally confine their appreciation for the sanctity of life to fussing over fetuses; about fully formed human-beings they don’t care as much.