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Robert H. Bork critiques Libertarianism
Robert H. Bork

Posted on 02/01/2002 9:55:30 AM PST by Exnihilo

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To: dead
But Lott would cite that position as a reason for more individual freedom. That's where he parts company with the likes of Sarah Brady and Robert Bork.

It depends on how you look at the issue. As an economist, Lott isn't really making either argument. He's simply presenting the facts (More guns = Less crime). And the facts seem to indicate a benefit to society when people carry guns.

Obviously, in an environment where people are more inclined to carry guns than the laws allow, this seems to argue for more freedom.

But have you considered what this implies in a society where people are less inclined to carry guns than the laws allow? In that case, Lott would seemingly be arguing for some people to be required to carry guns, who otherwise wouldn't. That would be an endorsement for less freedom in the name of a particular benefit (less crime).

Therefore, in principal, neither side of Lott's argument is the "freedom" side by default, even if one seems to be so in current application.

81 posted on 02/01/2002 11:56:17 AM PST by Snuffington
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To: OWK
LOL.... The same Robert Bork that says ownership of firearms is NOT an individual right. Amazing.

Well, that may be. I understood your clarification. It's just that, as I said, when you say "rights", and someone else says "rights", it doesn't always mean the same thing. The question of what is a right or what isn't is a debatable subject, as you know, or else you wouldn't devote so much time to it.

82 posted on 02/01/2002 11:56:19 AM PST by Huck
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To: Huck
It's just that, as I said, when you say "rights", and someone else says "rights", it doesn't always mean the same thing.

You're not exactly telling me anything new here.

I spend the majority of my time trying to disabuse people of their confusion regarding the nature of rights. I would certainly spend a few hours trying to help Mr. Bork along too, if he would be so kind as to avail himself for the purpose.

83 posted on 02/01/2002 11:58:59 AM PST by OWK
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To: Exnihilo
I suppose the logic goes something like: "once they ban pornography, they'll ban War & Peace!!"

Nah, they'll just ban Harry Potter.

84 posted on 02/01/2002 11:59:07 AM PST by Labyrinthos
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To: Exnihilo
...restraints on individuals imposed by the free market.

Freedom is slavery?

85 posted on 02/01/2002 12:01:34 PM PST by Redcloak
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To: ICU812
" I say 'rights' are meaningless without at least a pretence of objectivity.

Without objectivity, they are vacuous claims. Excellent post.

86 posted on 02/01/2002 12:02:10 PM PST by spunkets
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To: ICU812
You might say this talk of objectivity is puffery, any system of rights will be subjective. But I say 'rights' are meaningless without at least a pretence of objectivity.

You are advocating pretense?

If 'rights' are whatever the community subjectively determines them to be at any given time then 'rights' are merely 'permissions' which may be given or taken away at a whim. At least libertarians have tried to pin down what rights are, they say rights are X and then they are willing to defend that position.

Well, they have introduced an axiomatic standard. Which is nice, except that most Americans don't believe in it. That is, rights are what the majority of Americans say they are. I am neither lamenting nor celebrating that fact. I am just putting it out there.

Sometimes the formula isn't enough...

Now that's a subjective measure. What does that mean? Not enough? Enough what?

87 posted on 02/01/2002 12:03:53 PM PST by Huck
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To: ICU812
You might say this talk of objectivity is puffery, any system of rights will be subjective. But I say 'rights' are meaningless without at least a pretence of objectivity.

You are advocating pretense?

If 'rights' are whatever the community subjectively determines them to be at any given time then 'rights' are merely 'permissions' which may be given or taken away at a whim. At least libertarians have tried to pin down what rights are, they say rights are X and then they are willing to defend that position.

Well, they have introduced an axiomatic standard. Which is nice, except that most Americans don't believe in it. That is, rights are what the majority of Americans say they are. I am neither lamenting nor celebrating that fact. I am just putting it out there.

Sometimes the formula isn't enough...

Now that's a subjective measure. What does that mean? Not enough? Enough what?

88 posted on 02/01/2002 12:03:57 PM PST by Huck
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To: Snuffington
Despite the title of his book, I don't belief Lott every counted the number of guns in an area.

He merely looked to determine if it was legal to carry a concealed weapon.

Therefore, his corollary was exactly between the right of the people to carry, rather than the actual number of people carrying. He never looked at a mandatory carry statute.

89 posted on 02/01/2002 12:06:24 PM PST by dead
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To: OWK
I spend the majority of my time trying to disabuse people of their confusion regarding the nature of rights. I would certainly spend a few hours trying to help Mr. Bork along too, if he would be so kind as to avail himself for the purpose.

To which he would reply:

Once something is announced, usually flatly or stridently, to be a right --whether pornography or abortion or what have you-- discussion becomes difficult to impossible. Rights inhere in the person, are claimed to be absolute, and cannot be deminished or taken away by reason; in fact, reason that suggests the non-existence of an asserted right is viewed as a moral evil by the claimant.

90 posted on 02/01/2002 12:08:28 PM PST by Huck
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To: Okiegolddust
Bork actually makes a convincing case in his book the the First Amendment applies only to political speech, not all speech.
Which is as easily debunked as the liberal claim that the 2nd Amendment only protects militias.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

It's quite logical to assume that had the Framers only meant political speech, they would have specifically said so. Bork's claim greatly diminishes his reputation as a Constitutional expert.

-Eric

91 posted on 02/01/2002 12:12:32 PM PST by E Rocc
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To: headsonpikes
Oh no! What happens now? I posted an anti-Libertarian thread from a Conservative, and a Commie! What to do? You can't pigeonhole me anymore!! Call the Libertarian brute-squad!!
92 posted on 02/01/2002 12:14:14 PM PST by Exnihilo
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To: OWK
What, you mean you're not going to demand that I agree with every single thing Bork says and defend it to my death? LOL. I enjoyed the slug-fest over on the other thread. Where's the Brute Squad for this thread? I was expecting to return here only to find that I was a 'commie' and a 'disruptor'. I'm very disappointed.
93 posted on 02/01/2002 12:16:46 PM PST by Exnihilo
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To: ICU812
EXCELLENT post. Thanks. You're really thinking today! I may have to "borrow" some of your words when I go up against the statists...
94 posted on 02/01/2002 12:17:15 PM PST by dcwusmc
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To: dead
Therefore, his corollary was exactly between the right of the people to carry, rather than the actual number of people carrying. He never looked at a mandatory carry statute.

Good point.

Come to think of it, we dont keep records of who actually carries guns. Only who applies for the permits. That would make a study comparing actual rates of gun carrying with crime fairly difficult. However, a study of concealed carry permit holders, extrapolating the carrying practices of a subset to holders at large, would give some indication.

I'm not sure how one might study mandatory carry laws, since they're absurd to imagine in the current political environment. But I think such a study would be very interesting, and absolutely necessary if one wanted to study the relative benefits of the freedom to carry guns, versus the presense of guns alone.

95 posted on 02/01/2002 12:20:56 PM PST by Snuffington
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To: Exnihilo
commie. disruptor.

Feel better now?

96 posted on 02/01/2002 12:21:08 PM PST by Eagle Eye
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To: antidisestablishment
...Bork would have reduced judicial activism.

He would have reduced judicial activism by actively promoting his own vision of how the Constitution should be interpreted. I expect any judge to do that, but I can't agree that he would not have been an activist in his efforts to reduce judicial activism.
97 posted on 02/01/2002 12:26:51 PM PST by BikerNYC
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To: Snuffington
There actually are a couple of mandatory carry towns down south (naturally), but the laws are symbolic and are not enforced.

It's just their way of annoying liberals.

98 posted on 02/01/2002 12:27:18 PM PST by dead
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To: Eagle Eye
Phew! Thanks, I needed that!
99 posted on 02/01/2002 12:27:34 PM PST by Exnihilo
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To: dead
Kennesaw, Ga is one. 6 months ago the sheriff said that there were no reports of AD's .
100 posted on 02/01/2002 12:31:43 PM PST by Eagle Eye
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