Category Archives: Natural Law

UPDATE II: Cyber Warfare: Is It Libertarian?

Individual Rights, Iran, Israel, libertarianism, Natural Law, Technology, War

“There is a pithy aphorism from a Tractate of the Jewish Law regarding the right of self-defense. The Talmud, as the law is called, is a veritable minefield of complexities and interpretations. The rabbis would have prefaced their edict with extended discussion. They would have argued about the threshold that must be met before a pre-emptive strike can be carried out, what constitutes imminent danger, and whether defensive actions apply only to individuals or to collective action as well. These scholars belonged to a people that spent a good part of their history perfecting the Christian art of turning the other cheek. Yet ironically, and doubtless after careful consideration, the rabbis recommended that, ‘He who rises to kill thee, ye rise earlier to kill him.'” (See “Facing the Onslaught of Jihad”)

Likewise, I am not a pacifist, although I am a libertarian.

There is no doubt in my mind that Iran would evaporate Israel if it could. Yet mention to Iran’s apologists that Israel is being considered by Ahmadinejad as The Bomb’s designated test site, and the reply one invariably gets is, “Oh, c’mon; are you referring to all that ‘wipe Israel off the map’ stuff? Haven’t you heard of ‘Scheherazade of the Thousand and One [Arabian] Nights? Ahmadi’s excitable. That’s his style. Chill, man.”

[READ “That Persian Pussycat.”]

There is a strong suspicion that Israel is behind “The Stuxnet worm, ‘the most sophisticated malware ever’ … [it] has been discovered infesting Iran’s nuclear installations. There’s growing speculation that these were indeed the intended targets of what the mainstream continues to call a ‘virus’ — it only infects certain Siemens SCADA systems in specific configurations. There’s also speculation that it’s state-sponsored malware, with fingers pointing at either Israel or the U.S.”

Reuters reports that “Cyber warfare has quietly grown into a central pillar of Israel’s strategic planning, with a new military intelligence unit set up to incorporate high-tech hacking tactics, Israeli security sources said on Tuesday.”

To be sure, hacking is a violation of property rights. That is as clear as crystal. Why, spam is trespass. But this alleged Israeli property trespass is also non-violent (I doubt very much that Israel is messing with systems that sustain life).

It would seem to me, then, that if indeed Israel is under a real existential threat from Iran—and not everyone believes this—the Jewish State has found the quintessential libertarian method to begin to combat some of the Iranian menace.

What do you think?

UPDATE I: TokyoTom: An act either does or does not comport with the libertarian non-aggression axiom. I spoke about your logical error in “LIBERTARIAN WRANGLING”:

“From the fact that many libertarians believe that the state has no legitimacy, they arrive at the position that anything the state does is illegitimate. This is a logical confusion. Consider the murderer who, while fleeing the law, happens on a scene of a rape, saves the woman, and pounds the rapist. Is this good deed illegitimate because a murderer has performed it?”

Iran’s leaders have threatened to annihilate Israel. They could easily do so, given Israel’s size. The act jibes with their beliefs. The more senior leader, Akbar Hashemi Rafsanjani, right-hand man to Supreme Leader Ayatollah Ali Khamenei, once explained with lethal logical that “a single atomic bomb has the power to completely destroy Israel, while an Israeli counter-strike can only cause partial damage to the Islamic world.”

They know Israel would never launch a nuclear strike first. Iran’s top dogs have clearly done the math.

The men and women of the Israeli military, with their families in mind, have come up with a peaceful way to mess with this program of mass destruction threatening their community. And libertarians protest this? Don’t you just love the way so many libertarians inveigh against the evil of nuclear weapons, except when they are pointed at Israel?!

UPDATE II (Sept. 29): With respect to “contemplationist’s” comment here, I thought it was obvious to all libertarians who regularly weigh in on BAB, that the debate about the proper purview of the state is limited to its enforcement of natural rights only. That’s the mandate of the state in classical liberal thinking. As I have said often, to the extent that the American Constitution respects the natural law, to that extent only is it legitimate. It should be obvious to the same folks, for example, that, unlike Glenn Beck or other “Constitutionalists,” this writer views a great deal of the constitution as an affront to man’s natural rights. The 16th Amendment, for example.

“Sometimes the law of the state coincides with the natural law. More often than not, natural justice has been buried under the rubble of legislation and statute,” I wrote in a March 20, 2002 column.

“Contemplationist” has broadened the nightwatchman role of the state in classical liberal theory—confined as it is to the protection negative rights only—to include a plethora of positive duties, including intervention into the economy.

That’s statism, not classical liberalism. The debate in this post, in particular, is as to whether the Israelis, in disabling Iran’s nuclear-related cyber-operation, are defending their natural, negative rights.

Big-Government Gerson

Bush, Conservatism, Constitution, Natural Law, Neoconservatism, Political Philosophy

BUSH’S Bastardized Conservatism is also Michael Gerson’s. As a committed ideologue, formerly of the Bush administration, Michael Gerson is a completely consistent, dangerous statist. He imagines that the General Welfare Clause gave our overlords, and the Little Lord Fauntleroys who serve them (the female version: Dana Perino), authority to enact the New Deal, Social Security, Medicare, federal civil rights law; direct what Gerson terms “economic growth,” and pursue the national greatness agenda.

To oppose “Alexander Hamilton and a number of Supreme Court rulings” that affirm such overreach is “morally irresponsible and politically disastrous,” says Gerson.

Today, Laura Ingraham referred to Gerson, affectionately, as being part of that wonderful big tent that makes the GOP so inclusive. Yet Gerson, whom BAB celebrity Myron Pauli long ago identified as the most dangerous kind of (crunchy) conservative, holds that the welfare clause, “and Congress will have the power…to provide for the general welfare”—Article I, Section 8—implies that government can pick The People’s pocketbooks for any possible project, even though the general clause is followed by a detailed enumeration of the limited powers so delegated.

Asks historian Thomas E. Woods Jr.: “What point would there be in specifically listing the federal government’s powers if the general welfare clause had already provided the government with an essentially boundless authority to enact whatever it thought would contribute to people’s well-being?” Woods evokes no less an authority than the “Father of the Constitution,” James Madison: “Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars.”

You’d think Madison knew one or two things more than Michael about this document.

I once wrote that “sometimes the law of the State coincides with the natural law. More often than not, natural justice has been buried under the rubble of legislation and statute.” When Gerson and company (you’ll find that Rove, Perino, and the rest, currently masquerading as conservatives, are no different) reject “a consistent constitutionalism,” namely a critique of the current promiscuous applications of the 14th, the “General Welfare” clause, and so on, and embrace the concept of the Constitution as a “living, breathing” document—they rely for their case on layers of that rubble.

Having shoveled the muck of lawmaking aside, constitutionalists base their case on the natural justice and the founders’ original intent.

Gerson is the enemy of liberty. But even more so, because so deceptive, are the Ingrahams of the world. Ms. Ingraham wanted to know how Gerson could bad mouth the tea part, yet still call himself a Bush conservative. Ms. Ingraham has set up a dichotomy where there is only congruity and consistency on the part of Gerson: now that is dangerous.

UPDATED: 'Tax Cuts Not Paid For' Says Thief

Debt, Democrats, Journalism, Media, Natural Law, Republicans, Taxation, The State

The execrable bunch that convened to Meet The Press on Sunday carried out a conversation about the irresponsible Republikeynesians’ tax policy.

Against the Republikeynesians, moderator DAVID GREGORY argued that “if you’re concerned, as Republicans say they are, about cutting spending and the deficit, you have to acknowledge that tax cuts are not paid for.”

“It’s still borrowed money,” contended Gregory, paraphrasing the Great Inflater, ALAN GREENSPAN.

Other than meekly pointing out that the problem we have is a problem of spending, Mitch McConnel, being a Republican, made various weak appeals such as that “if you push this economy further backward, we’ll get less revenue for the government, not more.” And “raising taxes in the middle of a recession on the major job generator in America, small business, is a very, very bad idea.”

TAXES ARE STOLEN PROPERTY. A tax cut, especially to high income earners who pay most of the taxes, is a return of stolen goods. To say that you need to “pay for tax cuts,” as Gregory does, is akin to a thief saying he can’t return the TV he just stole until he is in a better financial position.

On the other hand, “taxation hits the pocketbook directly; government’s borrowing and counterfeiting does so indirectly—it devalues Joe the Plumber’s labor, assets, purchasing power, and savings. Unaware of how he’s being ground down, Generic Joe keeps on consuming until he crashes.”

UPDATE (Aug. 24): “Arguing for higher taxes for the rich” is tantamount to arguing for a transfer of wealth from those who pay taxes to those who habitually consume them. It’s always an election-winning strategy given that the last group outnumbers the first. Ask Germany’s Chancellor Angela Merkel.

Reuters: “Thousands have taken to the streets this summer to demonstrate against plans by Merkel’s center-right government to cut billions of euros in spending on the unemployed without imposing a similar burden on the other end of society.”

Come again? Does the correspondent mean to imply that the pain of doing without as much welfare as before is on par with having to fork out for it (without being entitled to it?)

In mobocracy, some are more equal than others.

Want proof that, the world over, “Statism begins With YOU”?

“Surveys indicate that if a national vote were held now, the opposition would crush Merkel and her allies, whose coalition lost its majority in the upper house of parliament after defeat in a regional election in May.”

Speaking of statism, HERE AT HOME, the booboisie want their “runny egg yolks for mopping up with toast” better monitored by Big Daddy.

A salmonella outbreak, and “the largest egg recall that has happened in recent history,” simply show that the fatter the feds the happier egg-scarfing Americans stand to be.

UPDATED: ‘Tax Cuts Not Paid For’ Says Thief

Debt, Democrats, Journalism, Media, Natural Law, Republicans, Taxation, The State

The execrable bunch that convened to Meet The Press on Sunday carried out a conversation about the irresponsible Republikeynesians’ tax policy.

Against the Republikeynesians, moderator DAVID GREGORY argued that “if you’re concerned, as Republicans say they are, about cutting spending and the deficit, you have to acknowledge that tax cuts are not paid for.”

“It’s still borrowed money,” contended Gregory, paraphrasing the Great Inflater, ALAN GREENSPAN.

Other than meekly pointing out that the problem we have is a problem of spending, Mitch McConnel, being a Republican, made various weak appeals such as that “if you push this economy further backward, we’ll get less revenue for the government, not more.” And “raising taxes in the middle of a recession on the major job generator in America, small business, is a very, very bad idea.”

TAXES ARE STOLEN PROPERTY. A tax cut, especially to high income earners who pay most of the taxes, is a return of stolen goods. To say that you need to “pay for tax cuts,” as Gregory does, is akin to a thief saying he can’t return the TV he just stole until he is in a better financial position.

On the other hand, “taxation hits the pocketbook directly; government’s borrowing and counterfeiting does so indirectly—it devalues Joe the Plumber’s labor, assets, purchasing power, and savings. Unaware of how he’s being ground down, Generic Joe keeps on consuming until he crashes.”

UPDATE (Aug. 24): “Arguing for higher taxes for the rich” is tantamount to arguing for a transfer of wealth from those who pay taxes to those who habitually consume them. It’s always an election-winning strategy given that the last group outnumbers the first. Ask Germany’s Chancellor Angela Merkel.

Reuters: “Thousands have taken to the streets this summer to demonstrate against plans by Merkel’s center-right government to cut billions of euros in spending on the unemployed without imposing a similar burden on the other end of society.”

Come again? Does the correspondent mean to imply that the pain of doing without as much welfare as before is on par with having to fork out for it (without being entitled to it?)

In mobocracy, some are more equal than others.

Want proof that, the world over, “Statism begins With YOU”?

“Surveys indicate that if a national vote were held now, the opposition would crush Merkel and her allies, whose coalition lost its majority in the upper house of parliament after defeat in a regional election in May.”

Speaking of statism, HERE AT HOME, the booboisie want their “runny egg yolks for mopping up with toast” better monitored by Big Daddy.

A salmonella outbreak, and “the largest egg recall that has happened in recent history,” simply show that the fatter the feds the happier egg-scarfing Americans stand to be.