Category Archives: Government Regulation

Re-post: The Right to Life Also Implies a Right to Die

Brittany Maynard says ‘I don’t want to die.’ The 29 year-old is is not unique in her desire for self-preservation as most of us do not want to die. What does make her somewhat more unique is she has tragically been diagnosed with a stage 4 glioblastoma. To put this in laymen’s terms, she has terminal brain cancer which will end her life if nature is allowed to take its course.

Brittany, however; has other plans. She has moved from California to Oregon to take advantage of Oregon’s ‘right to die’ law. Her goal is to live until her husband’s birthday on November 1st. If she lives until November 2nd, Brittany says she wishes to die on her own terms on that day. “I may be alive on Nov. 2 or I may not, and that’s my choice,” Brittany explained.

Back in June of 2007, I wrote a post entitled: The Right to Live Also Implies a Right to Die. I wrote the post in response to Dr. Jack Kevorkian’s release from prison. While I appreciated the gravity of physician assisted suicide then, it was still a bit abstract. Since that time I have seen friends and family members waste away to terminal conditions and it is truly horrifying to witness. I cannot say for sure that any of these friends or family members would have opted to make the same choice as Brittany and others have made but they should have had the choice. The state should not stand in the way of end of life decisions by the person who owns his or her life.

The following is a re-post of the original article I wrote in 2007.

Dr. Jack Kevorkian has finally completed an eight year prison term. For what exactly? For helping a terminally ill and suffering man exercise his right to a have a dignified and peaceful death. I find it very irritating that the media has given Dr. Kevorkian the nickname ‘Dr. Death’ as if he were some kind of serial killer.

Dr. Kevorkian has done our society a great service by bringing this issue into the national debate. On what basis can society deny a person his or her right to die? If we truly believe that every individual has the inalienable rights of life, liberty, and property, then the individual cannot be denied this right on any of these measures.

The individual has the right to life but this does not mean that government can force an individual to live. The individual has the right not to exercise his or her rights. The individual has the right to keep and bear arms but the government cannot force an individual to own a gun. The individual has the right to his or her liberty (provided he or she does not infringe on the liberty of others) but he or she can willfully surrender his or her liberty to be subjugated to a cult or religion. The individual has a right to his or her property (which would include his or her body by the way) which means he or she can do with it whatever he or she wishes (again, provided he or she does not infringe on the life, liberty, or property of others).

Thomas A. Bowden has an excellent piece on this issue at Capitalism Magazine.

The Declaration of Independence proclaimed, for the first time in the history of nations, that each person exists as an end in himself. This basic truth–which finds political expression in the right to life, liberty, and the pursuit of happiness–means, in practical terms, that you need no one’s permission to live, and that no one may forcibly obstruct your efforts to achieve your own personal happiness.

[…]

For these reasons, each individual has the right to decide the hour of his death and to implement that solemn decision as best he can. The choice is his because the life is his. And if a doctor is willing (not forced) to assist in the suicide, based on an objective assessment of his patient’s mental and physical state, the law should not stand in his way.

The fear by those who oppose the inherent right to die is that the government would eventually start killing those who are suffering regardless of the wishes of the individual. But upon closer inspection, recognizing an individual’s right to choose his or her manner of death is protecting the individual’s right to life. The individual does not live for the purpose of pleasing society or the religious sensibilities of others.

“Climate Change”, and the false dichotomy of “evil or stupid”

As we run up to the midterm elections, the drumbeat is once again sounding throughout that land, that Republicans… or rather, everyone not Leftist… are “anti-science”, “pro-ignorance” etc… etc…

I am constantly hearing some variant of “Republicans are either evil or stupid for not… X”.

The sad part of course, is that a certain percentage of non-leftists, including libertarians and conservatives are in fact, nuts, particularly about science… and another large block are ignorant.

Of course, so are large blocks of those on the left… but that’s not what we’re talking about right now.

There are certainly many scientific issues over which the ideological spectrum split, but likely the biggest one, with the most uniform split (there’s very few whose ideological “side” don’t match the position staked out by that side, to some degree or another)….

“Climate Change”

Ok, talked about it here before, and there’s plenty of great resources on the topic (try Climate Skeptic for a start)… But it’s an issue among my friends right now, and Neil Degrasse Tyson has been talking about it lately (before his most recent brouhaha), facebook is… well, pretty much always covered with it etc…

Let me just lay things out for a bit…

First, YES, there ARE loonies out there who say that there is no climate change “because Jesus” or “It’s all a conspiracy man” etc… etc… etc…

Feel free to ignore them, as you would on every other subject. They don’t represent any kind of reality based universe, never mind a rational position.

There are also those who simply say that there is no such thing as climate change whatsoever… But mostly they are either ignorant of, or don’t understand, the science, math, or historical record in question

And yes, there are far more of those than there should be in 2014.

However, some of us come to our positions through a knowledge of science, engineering, math, the scientific method, research methodologies and data analysis.

There are those, myself among them, who actually DO understand science, and don’t believe in CATASTROPHIC, ANTHROPOGENIC, global warming, leading to systemic, catastrophic climate change.

We are not irrational, ignorant, evil, driven by unsavory motives, or stupid.

We come to this position, because we understand that:

  1. The question isn’t whether climate is changing and will change in the future, it always has and always will. The question is how much has it, how much will it in the future, and why.
  2. Catastrophic, anthropogenic, global warming leading to catastrophic climate change, is a tightly interconnected theory. For any element of the conclusions to be correct, ALL of the suppositions within the theory must be correct. The instant any of them changes, at all, the theory falls apart.
  3. The mathematical models for this have always been highly speculative and have proven non predictive both forward and backward.
  4. The data is greatly variable ( and often poor) in quality, and is adjusted in ways that make it less than useful for a model with high sensitivity predictions, because small changes or inconsistencies in the data make big changes in the model.
  5. The catastrophic model adopted by the U.N. has some major dependencies which are entirely theoretical, and have not been borne out by historical facts; specifically estimates of forcing, estimates of weighting of various factors, and particularly estimates of extremely high sensitivity to certain factors (especially CO2), that while throughout all of history have exhibited one behavior (a stable, negative feedback system), for some reason (i.e. humanity is bad and stuff), things have changed now… even though CO2 has been much higher in the past, and it didn’t happen then… Such that a very small change in CO2 will have a large multiplier effect, transforming the stable negative feedback system that the climate has been throughout the entirety of history to this point, to an unstable positive feedback system.
  6. There is no evidence for this catastrophic theory, nor does it correspond with historical models, or models that prove to be historically predictive (i.e. if you run the model backwards and forwards in time, it matches roughly with what actually happened).
  7. This prediction has been made since the mid 80s (prior to the mid 80, from the early 70s they were predicting global cooling and ice age by the way), and the models have proven to be grossly inaccurate. They are constantly revised to reflect the same conclusion, but never actually predict what ACTUALLY happens in the real world. There was initially slightly more warming than the previous historical models predicted, but by 1991 warming was back to the historical trend line, and there has actually been no significant warming since 1994-1998 depending on exactly which dataset you look at.
  8. Human outputs from all of industry, vehicles etc… Make up less than 1% of total atmospheric CO2… actually between .3 and .4%. The VAST majority of CO2 comes from forests, oceans, animals, and soil (and the bacteria contained therein). They also absorb CO2 in the natural CO2 cycle.
  9. If the historical, non catastrophic models prove correct, and they have so far, there will be between less than 1 and just over 2 degrees centigrade warming in the next 100 years. This is not catastrophic, and is consistent with warming/cooling cycles throughout history.
  10. If all human output of carbon dioxide and other theorized elements of climate change stopped right now, today… That number wouldn’t change at all, or at most very little. Within the margin of error.
  11. Once you take the catastrophic sensitivity to a tiny change out of the model, many other factors become far greater “forcings”, particularly the suns variability (relating to sunspot cycles).
  12. If the catastrophic models are correct, either we already have, or we soon will, pass the point of no return. We would not only have to completely stop emitting CO2 entirely, but we would have to take large amounts of it out of the environment.
  13. No matter what, the developing world isn’t going to stop burning wood, and coal, and growing and modernizing and using as much hydrocarbons as they can. They don’t give a damn what european liberals think, they just want to cook their dinners and have lights at night.
  14. No matter what, China and India aren’t going to stop being 60+% of all CO2 emissions from human sources (that’s according to the environmentalist group, the earth policy institute. UN numbers say it’s more like 30-40%), because if they did they’d all be plunged into even greater poverty and likely starve to death.

What it comes down to is this:

  • If the catastrophic models are correct, it’s too late to do anything about it anyway.
  • Even if every western nation utterly stopped producing ANY output which contributed to climate change, it wouldn’t make any difference whatsoever.
  • If the catastrophic theory is wrong, and everything point to it being so, then we would be spending trillions of dollars, destroying economies, ruining millions or billions of peoples lives etc… All for little or nothing.
  • There are real, actual, proven problems that are far more likely to be important, and that we can actually do something about, that are much better ways to spend our time and money.
  • Ok… so why do so many people support the idea… particularly so many scientists?

    The same reason anyone does anything… because it aligns with their perceived incentives, beliefs, worldview, narrative, and identity.

    To wit…

    1. Funding
    2. Social signaling an ingroup identification
    3. Politics
    4. Power and control (climate change legislation is all about taking power and control from one group, and giving it to another)
    5. Ideology and alignment with world view
    6. The precautionary principle
    7. Anti-capitalism
    8. Funding
    9. Because if they don’t, they don’t get jobs, their papers don’t get published, they don’t get university positions etc…
    10. Because they know that it’s not as bad as the press makes it out to be, but that making it super duper scary is the only way to make the morons out there pay attention and actually make some of the good positive changes that need to happen (like more energy efficient technology, and more research into alternative energy)
    11. Because the entire world has lined up into teams, not just about climate change, but about ALL social, cultural, and scientific issues… Evolution, homosexuality, everything else about the environment etc… and one team has decided to label themselves “progressive” and “liberal” and “pro science” and the other team “anti science”, and nobody wants to be “regressive” and “anti-science”.
    12. Did I mention funding? There is no funding in saying “things are going to be about like they always have been, with some small changes as expected, and maybe a very small degree of increased change… it will have some moderate impacts”. That’s boring, and it gets ignored, and no-one gets any funding, and you can’t do additional research on it. No-one is paying for research into squirrel populations and how “1 degree per century of climate change will impact them).

    Yes… I repeated myself, in several different ways there… That was intentional.

    The Broken Record

    Catastrophists have a record, of being broken records… and being mostly or entirely wrong.

    From 1974 until 1985 or thereabouts, many of the exact same scientists, politicians, pundits, and environmentalists who today are saying are going to warm our way into a combination of ice age, deserts, and typhoons everywhere… were saying the exact opposite.

    At the time, their theories and models said that we were going to precipitate our own ice age, blocking out the sun, and that crops would fail and we would starve to death.

    The fact is, we’ve heard over and over again for decades that if we don’t do exactly what this one particular group wants us to do about any particular issue within 5, 10, 20 years etc… that we’re all gonna die, the world is gonna end, everything will turn to dust, there will be no birds, no trees…

    Anyone remember when acid rain was going to kill us all?

    Yes, in part, it’s because we did respond to the concerns of the environmentalists, regulations were changed somewhat, technology got better, we polluted less and cleaned up more. These are all good things.

    But mostly it was because they were dramatically overstating both the problems, and the solutions; either because they actually believed it, or for political reasons…

    Seems to me, mostly for political reasons.

    Mostly we haven’t done what they asked.

    The world didn’t end.

    We didn’t all die.

    Of course, that doesn’t mean they aren’t right this time…

    …One of these times they just might be… or at least they might be more right than wrong…

    …it just means that we should really be very careful, and very skeptical, about what they say, what we believe, and what we do about it.

    Oh and one more thing…

    There is one final, and almost universal test of the validity of someones claim that “everything has to change”.

    It can’t prove that a claim is true… but it can nearly always prove a false claim to be false, or at least greatly exaggerated.

    Simplified, it’s called the “Act as If” test.

    Does the person making the claim, act as they would if the claim were true, and as urgent as they say?

    Is it conclusive? No… but it’s a pretty strong indicator.

    Do those who say they believe in truly catastrophic anthropogenic global warming pass this test?

    Do they actually act as they would, if they actually believed their predictions.

    The answer is very much no… not even close.

    So, if they don’t… why should anyone else?

    I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

    Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

    “Bad” or “Wrong” or “I don’t like it” is not equivalent to “Unconstitutional”

    In a comment on someone elses post, another reader wrote “The DEA is an unconstitutional and illegal agency”.

    This bugs me… We frequently see these sorts of statements made about the DEA, the ATF, the federal reserve (where ok, there’s at least a rational and reasonable though flawed argument to be made… most of the people shouting stuff like that above aren’t making those arguments, but still)… Basically any federal agency that they don’t like, or which enforces laws, or uses delegated powers which they personally don’t like.

    No, the mere existence of the DEA is not unconstitutional or illegal. It is perfectly constitutional in that it is an executive agency chartered to enforce the laws promulgated by the legislative branch.

    The fact that the federal government has no constitutional authority to outright ban or criminalize such substances as the DEA is chartered to regulate, or to ban or criminalize their manufacture, use, or possession (and only limited power to regulate their sale. No, sorry, regulating interstate commerce and making such laws as necessary for the general welfare does not grant them such broad and deterministic powers… and Wickard v. Filburn is bad law and needs to be overturned), does not mean that all laws relating to such substances are illegal or unconstitutional. There are legitimate regulatory powers that such an agency may lawfully and constitutionally exercise.

    AS CURRENTLY EXTANT AND IN THEIR CURRENT ROLES AND ACTIONS… The DEA often engages in unconstitutional behaviors, and acts to enforce unconstitutional laws. That much is certainly true. But they are not inherently unconstitutional, or illegal.

    Those are actually really important distinctions. Not just semantics or distinctions without difference.

    This is so, because you go about addressing the issues, and solving the problems, differently. Things which are blatantly and directly illegal or unconstitutional are best addressed in one way. Things which are peripherally so, are best addressed in a very different way.

    You have to shoot at the proper target, with the proper ammunition.

    Also, it’s really important to remember, that “bad and stupid” or “harmful” or “undesirable”, or “pointless”; does not necessarily mean “unconstitutional”. Nor does “constitutional” mean “good”, or “useful” or “effective”.

    That’s not even a matter of judges discretion or interpretation… The constitution actually provides far less protection of rights, and limitation of powers, than people believe it, expect it, and wish it to (at least explicitly… the 9th and 10th amendments… there’s much bigger and messier issue).

    I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

    Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

    Freedom, Group Identification, and Consequences

    To anyone trying to make the Cliven Bundy issue, or the Donald Sterling issue, or the Brendan Eich issue about freedom of speech…

    …PLEASE STOP…

    They are unrelated, and MOSTLY irrelevant, to free speech.

    None are a question of freedom of speech.

    All three are a question of bad PR and violating contract terms.

    These idiots are not victims of oppression… at least as far as speech goes.

    “Well, that’s just your perspective… this is mine”

    No… You can have your own opinions, you cannot have your own facts.

    This is not an opinion or a perspective, it is a fact. In making this argument, you are entirely and completely incorrect, in both fact and in principle…

    That’s not so bad… it’s OK to be wrong… everyone is wrong about many things, every day.

    What IS so bad, and why you must be corrected, is that by passionately advocating such a patently false viewpoint, and making weak and specious arguments to support it, you weaken the very important ACTUAL battle to restore and maintain free speech.

    Using bad arguments for your cause HURTS your cause, it does not help it.

    There are some very serious threats to free speech in this country, particularly on college campuses and in schools. There are supreme court cases in this session, and coming up addressing these issues right now… and the picture is decidedly mixed.

      We are dangerously close to criminalizing, or at least accepting some kind of official sanction, on “hate speech” in this country. We already HAVE criminalized “suspect motivations”, through “hate crime” law.
      The Government is spying on and intimidating reporters, with the DOJ going after those it perceives as enemies.
      Witnesses are being suppressed out of fear of government retaliation.
      The IRS has gone after conservative political groups, simply for being conservative.
      We have enacted insane regulations about who can say what, when, and with how much and whose money, when it comes to politics and elections.

    These are HUGE REAL PROBLEMS.

    By equating things which are not about rights and freedoms, to things which are, you weaken rights and freedoms, and make them more difficult to defend.

    Freedom of speech means you have the right to say as you damn well please and the government can’t stop you or punish you for it (except in some very strictly limited ways).

    It doesn’t mean that private persons or organizations have to publish you, support you, employ you, associate with you, provide you with a forum or an audience, or listen to you.

    Freedom of speech does not mean freedom from consequence.

    If you can’t back everything you say, and accept the consequences, then perhaps your problem is not one of lack of freedom, but of lack of courage.

    “But… but… political correctness… thought police… BAD”

    Yes.

    I never said that political correctness WASN’T a chilling force on freedom of speech and even freedom of conscience… Of course it is.

    …But that is not the same as government using force against you because of it (though with “hate speech” and things like campus “speech codes”, we have to be very careful of that).

    The problem with believing in freedom is that you have to believe in it for everyone, including people you don’t like, or whose ideas you don’t like, or who do bad things with it.

    Private individuals and organizations can choose who they wish to associate with freely, and who they wish to support or oppose freely (or at least they are supposed to be able to).

    That means both things and people that you like, and things and people that you don’t.

    That means you can be fired for expressing yourself. It means you can be fired for your political and social views. It means you can be fired for your private behavior. It means you can lose your customers, your money, your reputation…

    In fact, everything but your life, and your freedom.

    A free society means we have to put up with that.

    We don’t have to like it, but we DO have to put up with it.

    And many of us actually have very little problem with it… so long as it’s aligned with THEIR personal beliefs.

    Frankly, I don’t see very many “social conservatives” complaining very much when it’s “progressives”, gays, atheists, muslims, “perverts” etc… who experience negative consequences for their beliefs (admittedly, that is certainly not true of all. Some do decry all of this as suppression of free speech and freedom of conscience).

    Most “social conservatives” aren’t complaining when church groups or conservative groups try to get certain things banned, or removed from libraries or schools, or have teachers, or school administrators, or abortion providers fired…

    …because you don’t like their ideas or how they express them.

    …Really, most anyone who you would identify as the enemy, or the “other side” or whatever other outgroup identification it may be…. seems it’s ok to you if THEY have to live with the consequences of their choices, actions, and words…

    Most of you are only complaining when it’s happening to those you identify as YOUR ingroup, or for people whose opinions and ideas you agree with.

    Again, not always, not everyone… but most.

    The same of course is true of “the other side”… starting to see the point yet?

    So really… What you’re asking for is not “freedom of speech”, it’s “freedom of speech that you like”, and freedom FROM both speech, and consequence that you don’t.

    That’s not freedom. That exactly the same as “the other side”… you just like the opinions better.

    I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

    Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

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