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Archive for April, 2009

Chuck Hurley’s appointment as National Highway Traffic Safety Administration head is a troubling one. Read this great piece by Radley Balko to find out why.

As for MADD, they are a perfect example of an organization whose nanny-statism has crossed the line from being annoying to what I can only succintly describe as evil.

[In case anyone is wondering, I do realize that highway and traffic restrictions affect people other the driver, and thus are not necessarily paternalistic. My comments above concern only those positions held by MADD (and others of its ilk) that are either purely paternalistic or so unreasonable that they can only have been motivated by paternalistic concerns.]

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To make up for my lack of posting, let me link to a discussion over at Aristotle’s blog. It started off with Rawls but has evolved into topics like the nature of morality and the objectivity (or lack thereof) of values.

To a casual reader of the thread linked above, I might come across as rather critical of Ayn Rand and what I consider to be a flawed attempt by her to build an objective theory of morality. So to give a more balanced picture of what I really think of Rand and her works, let me quote myself from a different thread on the same blog.

I won’t say Rand is for everyone; I really do think you need to have certain personality traits in order for Rand’s fiction to really speak to you. This is especially true of the way she depicts the sexual and emotional aspects of her characters.

[…] So, I can see why The Fountainhead does not appeal to a lot of people, including many who really value individualism. As for me, I read it in my late teens and have re-read it since. I love it, and that’s an understatement.

Actually Ayn Rand is *not* my favourite moral philosopher; she does not even come close. There are several fundamental logical flaws in the way she treats the topics of rationality and first principles. But The Fountainhead is a different matter; it distills just the right aspects of her philosophy, perhaps by accident, but nevertheless.

There are a lot of things I dream of doing with my life and none of them have much to do with Rand or objectivism.

But if you ask me the name of just one book, *any* book from *any era*, that I wish *I* had written…. it would be the Fountainhead.

Reading Rand was one of the most beautiful experiences of my life. For that I will be eternally grateful.

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I am always fascinated when the inclusion of a famous song or classical piece in a movie gets it absolutely right. By that I mean that it not only perfectly reflects the mood and meaning of that movie scene but enhances its emotional impact in almost preternatural manner.

Such is the case with Shostakovich’s “Waltz No. 2” in Eyes Wide Shut. I simply can’t get it out my head however much I try. It is such a beautiful piece; flowery, passionate, romantic yet with that indelible tinge of mystery and haunting spookiness. As a theme music for that movie, Stanley Kubrick couldn’t have chosen any better. Enjoy:

What other well known music inclusions for movie soundtracks can you think of that gets it perfect? Off the top of my head, here are a few that give me the chills: “Johnny Came Marching Home” from Dr. Strangelove,  “Hello” from Bitter Moon, “Bang Bang” from Kill Bill, “Girl, You’ll be a Woman” from Pulp Fiction.

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Reason has some exclusive footage from the aborted sentencing yesterday.

Meanwhile, if you are a reader who is not entirely familiar with the timeline and details of the Charlie Lynch case, I strongly recommend this excellent Reason summary.

To read my various posts on the case, click here.

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Passing on the release by the Friends of CCL group. It is rather interesting.

On Thursday April 23 in Federal Court the Sentencing of Charles C. Lynch was again postponed until Monday June 11, 2009. The court filled with supporters from across the state and across the nation. Los Angeles Times, New York Times, Reason.tv and other news agencies watched and waited as Lynch’s defense team continued a courageous battle against his draconian Federal Prosecution. 

First Judge Wu read the recent letter from the Obama Administration saying the prosecution of Charles Lynch is consistent with the New Policy and said ‘that was that’. Wu then asked for plans for the hearing. Lynch’s Public Defenders said they had a number of testimonials and a video tape to submit to the court. The Prosecution said it had no testimonials from victims or any more information to submit to the court. 

Lynch’s attorneys began with a video tape of one of his former patients talking about Lynch’s compassion and Law Abidingness. The Judge stopped the video and told the defense to transcribe the video and submit it to the court. 

Next Lynch’s friend and former patient Owen Beck and his Father Steve Beck both gave testimonials of Lynch’s professionalism, compassion and compliance with State Law. Owen said that what is happening to Lynch is an injustice and asked the Judge for leniency.

 Next the Mayor of Morro Bay, Janice Peters boldly went before the Judge and told him how the City of Morro Bay had enacted a Medical Marijuana plan dating back to 1993, years before the California Compassionate Use Act was enacted. She continued to talk in support of Lynch stating that this is a victimless crime with one exception. The Mayor said that Lynch himself is the victim in this case, a victim of an unfair prosecution and continued to state how Lynch was handling such a terrible situation in such a respectful manner. 

Next the Morro Bay City Attorney Rob Schultz was sworn in, as the prosecutor demanded he be sworn in to testify, talked how he had been directed by the City of Morro Bay City Council to draft a solution that allowed medical marijuana dispensaries.  Shultz talked about how he had researched how other Cities such as Oakland, San Francisco and Los Angeles had adopted local ordinances regarding dispensaries and used these ordinances as models for the Morro Bay rules and regulations. Shultz zoomed in one rule in particular that the City had provided Lynch and that rule was the age limit of 18 or older unless accompanied by a parent for patients of the dispensary. Shultz testified that this seemed to be the standard among other cities across the state and so that was the rule that was designated for Lynch’s dispensary. Shultz also continued to say that Lynch’s dispensary was in compliance with the Local Laws issued by the City of Morro Bay. The prosecutor grilled Shultz and asked about Federal Law and mentioned Lynch’s dispensary in Atascadero that had been closed due to zoning changes. Shultz said the City of Morro Bay wanted to give Lynch a chance to run a professional law abiding dispensary and felt that Lynch had done so. During Schultz’s testimony Judge Wu was busily taking notes and scratching his head. 

Joe Elford of American’s for Safe Access spoke to the court and mentioned how Lynch was in compliance with the latest California Attorney General’s guidelines one and a half years before the guidelines were even issued. Reuven Cohen pointed out to the court the California Attorney General statements in the guideline that say “no legal conflict exists merely because state law and federal law treat marijuana differently” and that Lynch has been ‘duped’. Judge Wu responded saying ‘well that’s life’ as a very audible moan of disbelief echoed through the court room. Judge Wu continued the proceedings saying that he needs ways around the mandatory minimums and pointed out some language that he thought needed some briefing from defense and prosecutors before sentencing could continue.

As it became obvious that Lynch was not going to be sentenced during the hearing members of the media began heading for the doors in time to meet deadlines for the six o’clock news as prosecutors stared forward in disbelief. Lynch supporters wearing green “Compassion” ribbons stood in unison as the judge began scheduling for the next hearing saying that would be the final hearing in this case. Lynch is now scheduled to be sentenced on June 11, 2009.

As Lynch, his attorneys and supporters exited the building a large number of members of the media waited with microphones and video cameras in front of the Court house. Lynch, his attorneys and Morro Bay City Attorney answered questions for the cameras. Shortly after the press conference Lynch and his supporters gathered at a local pub for food and libations. Lynch said he was happy to walk out of the court house today and wanted to thank his family, his attorneys and his supporters for all they have done for him. 

Charles C. Lynch Sentencing
Monday June 11, 2009 at 10am
Federal Court Building Courtroom #10
312 N. Spring Street
Los Angeles, CA 90012

I think it is becoming increasingly clear that Obama’s drug policy will be one of spineless dweebism. In short, he will mostly hem and haw; actual changes will occur only if he considers that it is politically safe for him to do so. Well there you go, Mr. President, there is currently enough sympathy for Lynch from the NY Times and your other friends and supporters. It really will be ok to stop this prosecution. So just do it: if not to redeem your integrity, at least to get some good press!

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I get plenty of junk in my Facebook feed every day most of which I barely give a second glance; today however, one particular item caught my eye. Titled “Vigil for Binayak Sen”, this particular Facebook event was in support of Dr. Binayak Sen, whose continued detainment by the Chhattisgarh government violates every principle of justice. Not only has he not been charged with any recognizable criminal offence, the laws under which he was arrested allow for arbitrary detention without any right of appeal: he has been in jail since May 2007 with no end in sight.

All that, however has nothing to do with why I am writing this post; the reason is because the description of this event  begins as follows,

Jonathan Mann award winner and civil liberties activist, doctor of the poor, Dr. Binayak Sen has been jailed by Govt. of India under fabricated charge of being a supporter of Maoism.

But why should it matter who Dr. Sen supports? Maybe he supports the Maoists, maybe he does not. That fact is completely irrelevant. If freedom means anything, it means the right to expouse any views, however repugnant. If you believe in freedom of thought and speech, supporting an organization, whether it is is the Maoists or Al-Qaeda or the Nazis, should never be a crime. It is only directly criminal deeds that ought to be actionable, nothing else; not views, not speech, not associations.

By starting the description of the event in this manner, the author automatically gives an impression that this arrest is wrong because Binayak Sen is accused of supporting the Maoists while he in truth does not. BS!  This arrest is wrong because it violates individual liberty and it’s wrongness would not reduce even the slightest were Binayak Sen the greatest supporter of Maoism in the world. Why are so few people inclined to defend liberty purely for liberty’s sake?

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Honestly. Can this be real?

A criminal case was filed in a court on Thursday accusing Indian cricket captain Mahendra Singh Dhoni and off-spinner Harbhajan Singh with ‘hurting’ fans by staying away from the Padma awards function.

Dhoni and Bhajji were to be honoured with the Padma Shree by President Pratibha Patil in New Delhi on Tuesday.

Senior advocate Sudhir Kumar Ojha filed the case in the court of the CJM Ramdarash seeking to book the cricketers under sections 499 (defamation), 500 (punishment for defamation), 503 (criminal intimidation) and 504 (intentional insult with intent to provoke breach of the peace).

Ojha alleged that the two cricketers insulted fans and dishonoured the prestigious award by staying away from the function.

The comment section is depressing to read. This one, by someone called Kapil Sapre, is probably my favourite:

This is not insult of fans but this is insult of our Honourable President who honours the celebrities with such awards. It is also insult of our nation. Showing such attitude those have made our country to fall on face at international level. No celebritiy henceforth should be allowed to do so and to prevent this those should be fined in terms of money like 25 crores as they also earn that much and imprisonment for at least 3 years. There should be no case and nothing direct punishment. Why because such people are idols of rising youth. If they do so, youth will also tend to do so.

(Hat Tip: Aristotle the Geek)

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In response to questions from the court about how to proceed with the Lynch case given that government policy on this issue seems to have reversed, this is what the US Department of Justice wrote in a letter sent earlier today by Marshall Jarrett, Director.

Not only does the DoJ has no intention of intervening in the Lynch case, it also thinks that the prosecution and conviction of Lynch was entirely consistent with present department policies as well as recent statements made by the attorney general.

As I have noted several times before, one of Obama’s campaign promises was that the DEA will end its medical marijuana raids, a stance that was recently reaffirmed by US attorney general Eric Holder.

So what do you call someone who says one thing and does the opposite?

This is not merely a matter of abstract policy. It is a matter of lives ruined or saved. It is a matter of deciding what happens to real people. Like Charles Lynch who ran a medical marijuana dispensary in Morro Bay that helped relieve the pain of the sick and the dying.

In an earlier post on the topic of DEA raids I said that I would give Obama three months. If there was no sign of any real change in policy, I would call him out for what he would then have proved to be.

Lynch faces a minimum of five years in prison. If he gets the maximum sentence the law allows, he will spend the rest of his life behind bars. Whatever sentence he gets will be for actions that are fully legal under California law. Whatever punishment the government hands him will be for deeds neither more nor less than what even those who believe recreational drug use is evil ought to recognise as a sincere service to those who had lost all other hope.

Sentencing in the Lynch case which was scheduled for March 23, 2009 was postponed because the judge requested information from the government regarding the new policy regarding medical marijuana dispensaries.

So what do you call a man who plays with words in order to give an illusion of change? Who is Barack Obama?

The evidence currently points to the fact that at least on the issue of marijuana policy, he is a liar. Of the worst possible sort.

Now that Obama and his government has made it unambiguously clear to the court that they approve of Lynch’s prosecution, there seems to be little reason why the court should wait. There have been many postponements of the sentencing so far, but there are unlikely to be any more.

Charlie Lynch will learn his fate on April 23 in Los Angeles.

(Previous posts on Charlie Lynch here)

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Will Wikinson says:

Yet I hear again and again that, since the state should not be in the business of marriage, one should not, as a libertarian, have an opinion about how this business is to be carried out. Increasingly, I find this an obnoxious and shameful form of moral recusal. One cannot use an ideological image of perfect justice to excuse or ignore an obvious injustice within the actual imperfect system. That these injustices could not arise within one’s vision of the best society does not mean that they have not in fact arisen. That a debate would not occur in an ideal world does not mean that it is not occuring or that nothing morally hangs on its conclusion. To decide to sit out the debate, with an eye on utopia, is not a way to keep one’s hands clean.

I agree.

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“When did you see it last?” he asked his girl.

“I don’t know,” she wailed. “It was on me when I walked into the restaurant.”

She looked so sad, and her eyes were so large and ready to cry that his insides dissolved in a burst of affection. This led to kisses being exchanged and tender words spoken. When all was done, they commenced a search of the floor and the handbag. She went into the bathroom to see if she had dropped them there. Unfortunately, the ear rings were nowhere to be seen.

“It doesn’t matter sweetie, I will get you another one. I’ll get you one that’s exactly the same.”

His reasoning seemed to have little effect; she continued behaving in a manner that suggested she had lost something irreplaceable. He puzzled for a second over this and whatever he inferred made him strangely happy.

***

Their romance stabilized and their entanglement got more intense every month. They were similar in a way no two people ever had been and he truly believed they could realize this miracle. Slowly, he came to think of her as an extension of himself. The smallest differences drove him mad. They vowed to each other, “Your smallest whim will be more important to me than the combined power of the rest of the universe.” She used to write to him, “I could lose anything but you, or math that is; the things in life I’ve chosen are those which give me that extra something. I think I know how special it is. The colors, the hues, the shades, they are different for us. Richer… special… the whole tone…”

***

But exactly nine months after he had gotten her the ear ring and eight after she had lost it, they broke up. For many months after that, he could not think of the loss without an accompanying pain in his chest. The pain was physical and asphyxiating, like being constricted by a giant python. It intrigued him that his memories could affect him so physically. Sometimes he would think of her just to trigger the reaction. It was like taking part in a controlled experiment where he was master, slave and observer.

What he had less control over were his dreams. They were all variations of a common theme in which she would appear and tell him that everything had been a massive joke. She had never really wanted to break up with him, she said, merely to punish him for hurting her.

“So, none of the things you told me that morning are true?” he asked, full of amazement.

“Of course they are not, dearest.”

“So nothing is true? You did not … nothing happened?”

“You really think I would betray you, baby? It was just a crazy scheme I cooked up because I thought I was getting tired of you. But.”

“But…” he whispered.

“I want you. I cannot live without you. Will you take me back?”

He did not reply. He was crying for the first time in many years, for the full import of her revelation had finally hit him. She hadn’t disobeyed him; she hadn’t decided that the thread with which he controlled and loved her obsessively needed to be snapped. None of the events that had led to the break-up were real; everything had just been a long, arduous test which he had finally passed. Yet, she knew from his expression, and he knew that she knew, that they had forgiven each other, that his tears were out of joy too immense to contain.

This was when the dream usually ended and he woke up violently to see the harsh sunlight flooding his bedroom.

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Apparently there is something called World Homoeopathy day.

A function was held in [Kanpur] to observe the World Homeopathy Day. Speaking on the occasion, Dr Anil Katiyar, a noted homeopath said, “The good aspect is that homeopathy is capable of curing a person completely and there are no side-effects from this mode of treatment.”

I posted on homoeopathy previously here.

But the most brilliant demolition of irrationality ever is the poem below. Enjoy:

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A small victory for freedom and common sense, though for the wrong reasons:

A court in Breda, Netherlands has overturned the smoking ban the government imposed last summer. The judge ruled that the ban violates Article One of the Constitution and the European Convention on Human Rights.

The judge argues that the ban disproportionately affects the owners of small establishments with no additional staff.

The correct reason why the smoking ban is doubly absurd is that it targets private, not public places and in particular ones where most customers come specifically for smoking. The fact that passive smoking can lead to cancer is quite irrelevant here because no one is forcing a non-smoker to go to these places. 

A similar law in the US, for instance, would immediately ban most hookah bars. I would think anyone would see the underlying absurdity and inherent dangers immediately but apparently that is not the case.

I am also surprised — as when I read the linked comment above — at most people’s amazing lack of understanding of the basic libertarian principles and their propensity to attribute positions to their opponents that they do not hold. (For the uninitiated, this is usually referred to as a strawman argument)

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The following piece of news seems relevant in the context of my earlier post on tobacco and the illusion of liberty caused by unprincipled value judgements.

From the incomparable Reason Brickbats:

Dutch police cited a 27-year-old man for smoking a joint in one of Amsterdam’s famous coffee shops. Smoking pot is legal there, but the man, who was not identified by the local press, mixed the pot with tobacco before rolling the joint. That broke the Netherlands’ ban on smoking tobacco in workplaces.

The above incident is so absurd that I cannot even feel outraged.

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I believe in the transformational power of liberty. I believe that the free Iraq is in this nation’s interests.”

I sent American troops to Iraq to make its people free, not to make them American. Iraqis will write their own history and find their own way.”

Freedom. This is how it smells.

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Ryan Avent on the incompatibility of climate science and some libertarians:

That is to say, confronted by a problem demanding solutions inimical to libertarian beliefs, libertarians were faced with the choice of reneging on their beliefs or turning their back on science. Tellingly, they chose the latter. One might think that’s a rather drastic decision, given the role scientific endeavors have played in delivering the material prosperity so dear to the hearts of the libertarian world, and one would be right.

A belief system that cannot grapple with the fundamental reality of a situation is, quite simply, not a belief system worth having. 

I agree completely with Avent’s last sentence. I am also a libertarian. So what goes?

First off, Avent is wrong in his basic claim. There are very many libertarians who approach scientific questions scientifically. And most of them conclude that human induced climate change is real. Sure, some libertarians do turn their backs to science, but it is wrong to use that as an excuse to tar the whole movement.

Secondly, what Avent and others of his ilk forget is the question of how to deal with the problem of climate change is not merely a scientific one. It is perfectly consistent and reasonable to accept that AGW is happening and still reject most of the solutions being proferred. The question of what to do about any problem (or indeed, whether to do anything at all) depends not merely on an analysis of the problem (this is the scientific part) but also of how much value, that is costs and benefits you attach to each aspect of the problem and the possible solutions (and their consequences). This is where analysis and ideology interact in a complex manner.

I had a conversation with a friend a week ago. He asked me the following question: what would I do if I had to choose between truth and libertarianism? I answered that such a choice would never be necessary. Sure, the pursuits of truth and happiness do conflict, and so do freedom and happiness. But I cannot conceive of truth and freedom ever conflicting. I believe my moral axioms are good enough to ensure that.

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