[mod.politics] The Cost of Justice, and more

testa-j@osu-20@ohio-state.arpa (08/27/86)

From: "Keith F. Lynch" <KFL%MX.LCS.MIT.EDU@MC.LCS.MIT.EDU>

>Much of crime is due to repeat criminals.  If someone has served
>two major felony sentences and is convicted of a third, he should
>be put away for good.

Finally :-), something we agree completely on.


>[the justice system in a libertarian system] will cost less than, 
>say, the restoration of the Statue of Liberty.  The latter was paid 
>for entirely by voluntary donations.  And I think anyone willing to 
>pay for a statue representing our way of life would be willing to pay
>at least as much to guarantee the way of life itself. 

I think that the success of the restoration of the Statue was mainly
due to the hoopla and media attention given to the project.  It was
made to be *exciting*, an *event* that one "had" to participate in.  I
can't see such excitement being generated by a fund to pay to run a
court; after all, courts make unpopular but constitutional decisions
-- such as defending First Amendment rights.  If a court has to rely
on voluntary contributions, then might it not feel compelled to make
popular but unjust decisions?

I suppose that is my basic problem with libertarianism -- i don't
share your confidence that people will volunteer funds to support
vital government functions.  Even though these functions benefit
potentially everyone, people won't contribute unless it's for an
"exciting" cause.

And convincing people to contribute drains resources.  A similar
situation exists with the health-care industry today.  In Ohio, we are
flooded with commercials on TV showing us pictures of helicopters
flying around particular hospitals.  This is a waste of money; it
doesn't cure a single disease; if they spent their time and money on
health care, perhaps the cost wouldn't be so high.

The same would go for a judicial system, only much worse.  I want
judges to be honest arbiters, not concerned with slick advertising
techniques and public opinion polls.

And from another message:

>  Opponents of libertarian philosophy often bring up stories in which
>the population does not consist of rational adults, but of children,
>feebleminded people, criminals, insane people, or people in a sinking
>lifeboat.  Do we really want a system which treats everyone as if 
>they were like that?  Is that the most realistic view of the people 
>of this country?

No, but SOME people ARE like that!  Would the libertarian system
ensure their protection?  Or would they just get run over in the mad
rush of everyone looking out for him/her self, ripe for exploitation
by those who are more clever or intelligent or sane or rich than they
are?


                                -joe testa -

[ Another point on the Statue of Liberty project is that it had a
definite ending point.  People have visible proof of their
contribution.  The courts go on and on, and there is no end of the
cases they would have to hear.  I suspect that the futility felt by
not a few policemen would soon be felt by many potential contributors
to Keith's proposed justice system.  - CWM]
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Miller.pa@XEROX.COM (09/04/86)

        From: ~joe testa~ <TESTA-J%OSU-20@ohio-state.ARPA>

        >From: "Keith F. Lynch" <KFL%MX.LCS.MIT.EDU@MC.LCS.MIT.EDU>

        >[the justice system in a libertarian system] will cost less
        > than, say, the restoration of the Statue of Liberty.  The 
        >latter was paid for entirely by voluntary donations.  And I 
        >think anyone willing to pay for a statue representing our way
        >of life would be willing to pay at least as much to guarantee
        >the way of life itself.

        I think that the success of the restoration of the Statue was
        mainly due to the hoopla and media attention given to the
        project.  It was made to be *exciting*, an *event* that one
        "had" to participate in.  I can't see such excitement being
        generated by a fund to pay to run a court; after all, courts
        make unpopular but constitutional decisions -- such as
        defending First Amendment rights.  If a court has to rely on
        voluntary contributions, then might it not feel compelled to
        make popular but unjust decisions?

        [...]

        The same would go for a judicial system, only much worse.  I
        want judges to be honest arbiters, not concerned with slick
        advertising techniques and public opinion polls.


Any judicial system made up of people is subject to a system of
incentives largely determined by the political context it operates in.
Well-meaning architects of any political system would try to make it
such that the system of incentives in which judges operate provides
feedback that (at least) does not frequently penalize honesty and
justice.

The current American judicial system provides judges feedback through
the political process.  This feedback is determined by the current
majority opinion (modulo special interests).  Under THIS system the
courts might indeed "feel compelled to make popular but unjust
decisions".  Witness the current fight that Rose Bird(sp?) has to
engage in to keep her job, despite making what she feels are just
decisions.  It is not an answer to shield the courts from any
feedback: a) this is not possible, and b) would lead to tyrrany by the
courts.

Let us compare with a system based on voluntary contributions.  If a
judge makes an unpopular but just decision, the majority may disagree,
but surely enough people will recognize the cause of true justice that
there will still be some contributions.  Witness the continued
existence of the ACLU funded by voluntary contributions, despite
defending First Amendment rights in an unpopular case (Skokie).
Certainly the unpopularity caused them much hardship: their membership
went down, etc....  However, had they been subject to the tyrrany of
the majority they either would not have been able to take such an
unpopular stand, or they wouldn't have survived it.

        [ Another point on the Statue of Liberty project is that it
        had a definite ending point.  People have visible proof of
        their contribution.  The courts go on and on, and there is no
        end of the cases they would have to hear.  I suspect that the
        futility felt by not a few policemen would soon be felt by
        many potential contributors to Keith's proposed justice
        system.  - CWM]

I suspect that contributors to the ACLU are feeling pretty frustrated,
especially now.  Same goes for contributors to a thousand other causes
that seem to make little progress.

Some think that in a free-market, people in general would be driven by
the "profit motive", and that in a non-market system, people would
INSTEAD be driven by other motives; like the cause of justice or
helping the poor or whatever.  This is because free-market economics
uniquely explains how individuals following a profit motive can result
in a society that works.  All other theories have to start out by
postulating that people are motivated by other than personal profit in
order to seem to work.  Postulated motives have become confused with
causation.

Free-market economics does not (and does not need to) postulate that
the set of human motivations change.  It shows how a set of people
with a diversity of motives can efficiently compose their actions in a
way that generally satisfies them more than any other postulated way
of organizing society.

        >  Opponents of libertarian philosophy often bring up stories 
        >in which the population does not consist of rational adults,
        >but of children, feebleminded people, criminals, insane 
        >people, or people in a sinking lifeboat.  Do we really want 
        >a system which treats everyone as if they were like that?  Is
        >that the most realistic view of the people of this country?

        No, but SOME people ARE like that!  Would the libertarian
        system ensure their protection?  Or would they just get run
        over in the mad rush of everyone looking out for him/her self,
        ripe for exploitation by those who are more clever or
        intelligent or sane or rich than they are?

In a market, if there exists a substantial desire on the part of many
people to see the poor helped, then they will be helped.  In a
political system, this is only true if this desire exists among a
MAJORITY.  Why do the oponents of the market always postulate that
people will express "good" intentions (for justice of charity) if they
get to express them politically, but not if they get to express them
through the voluntary decentralized mechanisms of the market?

I suspect that it is because it is clear that the market is a complex
system that works through its own logic.  The same is often not clear
for political systems (though just as true).  A market advocate cannot
get away with postulating that the market will do some arbitrary thing
(like feed the poor) without accounting for how the market would do
this.  Advocates of political systems frequently do engage in such
arbitrary postulates, without accounting for how political incentives
could bring this about in a society that wouldn't have done so
voluntarily.

                                                              MarkM
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