On Libertarianism and founding a free state (was Re: Food labels etc)

From: Phil Osborn (philosborn2001@yahoo.com)
Date: Tue Jul 29 2003 - 19:33:08 MDT

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    One serious but unaddressed problem with building a
    "free state" in today's world is that the existing
    states will not let you.

    In a Free State, one would presumeably be free to do
    whatever non-aggressive thing one wanted. Otherwise,
    what point? Use or sale of drugs is non-aggressive.
    How long would it take for one of the existing drug
    cartels to move in and set up operations, perfectly
    peacefully and very likely spreading a piece of their
    $billions around to make sure that everyone was happy
    and probably behaving like the most perfect neighbor
    you could possibly want?

    How long would it then take for one of the major
    terrorist nations - for example, the U.S.A. - to move
    in militarily, as it has elsewhere all over the globe,
    to enforce its own version of public policy - killing
    drug dealers and anyone who supports them or gets in
    the way, and supporting gangs of local thugs to keep
    their own hands relatively clean?

    After all, they've already killed a few hundred
    thousand people (conservatively) directly or
    indirectly in various parts of SE Asia or Central or
    S. America, and thoroughly destroyed several fairly
    advanced 2nd world cultures without any particular
    qualms, plus of course putting more people behind bars
    here in the land of freedom, both total and
    percentagewise, than any other nation on the earth,
    all to protect us from our own choices of what to put
    in our bodies.

    There are other examples... "Kiddy Porn," of course.
    Another purely "public policy" law. Recall that they
    justify it on the basis that a market in it finances
    the exploitation of children. The owner or seller
    does not personally have to have done anything
    whatsoever to any "child," and the images can even be
    of 20-somethings made up to appear younger, or
    completely computer generated, for that matter. (And
    of course the definition of "child" is purely
    arbitrary as well. Most 14 yr. old girls would be
    married in most primitive societies, as they are
    commonly today in rural Mexico.) But, public policy
    uber alles.

    And, as a non-U.S. citizen, members of this "free
    state" will not qualify now, under the new
    interpretation of "rights" by the U.S. state, for
    basic human rights, in total contradiction of the
    entire basis of the U.S. Constitution, yes, of course,
    but so what? The Bush Administration has finally
    managed to get de facto and de jure recognition of the
    principle that "rights" are something that the state
    grants you, and, as such, are whatever the law
    defines.

    That's the implicit meaning of denying the application
    of basic rights - as in the Bill of Rights - to
    non-U.S. citizens. That's the whole real point of
    detaining those people in the concentration camp in
    Guantanamo. If being a non-citizen means you have no
    rights, then rights must be something artificial -
    like incorporation - which is a fiat of the state. If
    so, then the only questions are those of legality.
    Clearly if rights is just another name for due
    process, then why would we need a "free state"? And,
    what, if anything, would the term mean? We are
    already perfectly free, almost by definition - free to
    do anything legal.

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