Liberty Forged

the State has no money of its own, so it has no power of its own. ` Nock

Posts Tagged ‘civil rights’

Laughing at/with black and white america.

Posted by Jesse on February 24, 2009

Posted in america, barack obama, collectivism, culture, entertainment, humor, philosophy, Politics, republican, Rights, society, thoughts, Video | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

Discrimination. Complimentary or Durogatory?

Posted by Jesse on May 22, 2008

So I’ve been commenting on politicalcartel.com, another wordpress blog managed by several persons whom I think are all affiliated with Harding University. I spend time making comments there due to the fact that they have good posts, appear to take the issues seriously, and remain professional in the process.

But I think I’ve been a bit of nuisance, in that I don’t give up too easily and make multiple posts at times. As Walter Block says, libertarians are crazy and rabid about the non aggression axiom and are obnoxiously persistent in adhereing to the principles set forth. Otherwise, what’s the point?

The reason I bring this up now is because David Manes wrote a post about ENDA (Employment Non-Discrimination Act) and asked why people would oppose this legislation. Manes did cite a few reasons that are oft given in opposition but I found them to be quite insufficient. I think, so far, I am the only one who attempted to give some insight from another perspective.

David begins the blog post: “The Employment Non-Discrimination Act is one of those pieces of law with such a great name that you wonder how anyone could ever have a problem with it”
With a lead-off sentence like this, one can imagine how intrigued I was to state a case for discrimination, or more specifically, the decriminalization of discrimination.

One argument made against the legislation that Manes reproduces in his post is:
“ENDA gives special privileges to homosexuals.”
Now, I can see how people arrive at this idea. Basically, what rights could any group have if all people are created as equal? Only individuals have rights, not groups. That should be obvious to anyone. Hence, it is easy to deduce that this legislation must “give” special priveleges to those of a different sexual orientation.

Manes takes the position that the law doesn’t actually “give” anyone anything and it is only protecting people from discrimination. He posits that this is a defense from those who seek to harm people and therefore is a “negative right.” He concludes: “It would be nice if businesses would solve this problem for themselves, but once again, it appears that the only way we can guarantee protection from sexual orientation discrimination is by passing federal legislation.”

Of course, Manes is not upholding the right to freedom of association and the right to private property when advocating such policies. As a business owner it should be my choice about whom to hire or fire. It really is that simple. If a contract is at issue here, then the situation becomes a little more complicated. Discrimination is a matter of judgement. Whether good or bad judgement, in so far as no property rights have been violated, there is no crime. Discrimination on the basis of color, ethnicity, or gender is a vice, it does not make one a criminal.

Manes has stated that: “I believe that we can only solve some problems as a society through the mechanism of government.”

So essentially he and I resemble the tension that exists between individual and collective rights.
I am of the ilk that claims collectivism is slavery. Logic tells me that collective rights are contradictory and only serve to perpetuate issues like racism and other civil rights issues.

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Reference:

Walter Block, “Discrimination: An Interdisciplinary AnalysisThe Journal of Business Ethics, Vol. 11, 1992, pp. 241-254
[mp3] Walter Block, “A Libertarian Analysis of Law“, Cumberland School of Law, Birmingham, Alabama; January 9, 2008
Lew Rockwell, “The Economics of DiscriminationGeorgia State University School of Law in Atlanta, April 1994

Posted in Current Events, Education, free market, Politics, Rights | Tagged: , , , , , | 6 Comments »