Reparations Revisited

A couple of weeks ago, I wrote a post arguing that Nozickian libertarianism entails reparations.* The reparations in question follow from Nozick’s “principle of compensation,” which offers compensation for what Nozick calls “preventive restraints,” that is, coercive restrictions on individuals imposed in order to lessen the risk that they will violate others’ rights. So-called Terry stops are a paradigmatic example of a preventive restraint in Nozick’s sense (I argued), so that those on the receiving end of them would on Nozick’s view be owed compensation. If we assume (ex hypothesi, but still plausibly) that young black men (or black people generally) are disproportionately on the receiving end of preventive restraints, then young black men (or blacks generally) would disproportionately receive Nozickian compensation. That compensation, I suggested, is a form of what’s commonly called “reparations.” Continue reading

The More You Suppress Him, the Larger He Get

I have in the past criticized the U.S. government’s decision to bar Tariq Ramadan’s entry into this country on ideological grounds (26 page PDF). This isn’t because I have any admiration for Ramadan, to put it mildly, but because I don’t think that decisions to allow entry into a country should be made on ideological grounds. Genuine security concerns are one thing; ideological objections are another. The distinction isn’t that hard to draw, and shouldn’t be that hard to respect. In Ramadan’s case, we neither drew nor respected it. We managed in the process to make a martyr of him and take a crap on our own principles. Continue reading

Nozick, State, and Reparations

Talk of reparations has come back into common currency in American political discourse–meaning reparations to African Americans for the wrongs done to them since the beginnings of slavery. I don’t have a fully considered view on reparations (many of the arguments both for and against strike me as one-eyed), but I’ve both been surprised (and in another sense, not surprised) to hear libertarians insist so adamantly that libertarianism rules out reparations. Anyone who thinks this owes it to himself to read or re-read Robert Nozick’s Anarchy, State, and Utopia, if not cover to cover, then through the end of Part I, as I did on a recent plane ride. Continue reading

Cashing the Check of Justice

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity in this Nation.

So we have come to cash this check. 

–Martin Luther King, Jr. , “I Have a Dream” (1963)

I just got home from nearly three weeks abroad. Waiting for me in the mail: final judgment in my favor on my Superior Court appeal against Bedminister Municipal Court. But the case is not over. Continue reading

The Unwarranted Demonization of Scot Peterson (4)

Readers of Policy of Truth know that I’ve been doing a series of posts on what I call “The Unwarranted Demonization of Scot Peterson.” Scot Peterson was the School Resource Office, or armed law enforcement officer, assigned to guard Marjory Stoneman Douglas High School in Parkland, Florida, scene of what’s now known as the Parkland shooting of February 2018. Peterson is often described in press accounts as having “hid” or “done nothing” for the duration of the shooting, and has widely been ridiculed as a “coward” as a result. He was arrested in early June of this year, briefly held in jail, and charged with several counts of child neglect, culpable negligence, and perjury. Here’s a link to the arrest warrant detailing the charges against him (41 page PDF). Continue reading

DUI, Refusal, and Procedural Rights

Here’s a question (or two, or a bunch) for the lawyers out there, particularly anyone specializing in traffic law, especially DUI in New Jersey, assuming that any of them read Policy of Truth:

I don’t drink, much less drink and drive, so I’m sitting here in a calm moment with no legal issue at stake trying to understand New Jersey law (NJSA 39:4-50.4a) on DUI testing and prosecution for refusal. It just amazes me how poorly drafted even the simplest and most ubiquitous law turns out to be. Continue reading

Let Him Not Have Thy Coat (of Arms)

It is also a federal offense, again carrying a potential penalty of up to six months in a federal prison, if you use the Swiss coat of arms in any advertising for your business. I would include a picture of that coat of arms here so you could see what I am talking about, but I cannot take the chance that I might be sent to prison.

–James Duane, You Have the Right to Remain Innocent, p. 17

The Premature Demonization of Scot Peterson Revisited

The Stoneman Douglas High School Shooting, aka the Parkland shooting, took place on February 14, 2018. At the time, I wrote four blog posts posing unanswered questions about the shooting, questions that (it seemed to me) weren’t being asked or answered by press reporting at the time. Here are the first, third, and fourth. I could well have written another four, but lost track of the issue for lack of time and initiative.

The second of those posts was on what I called the “premature demonization of Scot Peterson.” Peterson, you’ll recall, was the police officer assigned to the high school as security (the “SRO,” or School Resource Officer), and accused of “cowardice” for his “failure” to enter the building where the shooting was taking place. In my original post on the subject, I raised questions about the appropriateness of both of these judgments. It wasn’t obvious, at least from the facts reported at the time, that Peterson had “failed” at anything, nor was it clear that he was guilty of “cowardice.” Continue reading

Teach Your Children

I have what I regard as a good working relationship with the Rutherford Police Department, and count its chief, John Russo, as a friend. I’ve hosted members of the Department twice at my university, and have been a guest of Chief Russo’s at the Department itself. I have no objection to police visits to schools per se, but I think some balance is in order: if cops are going to visit schools, civil libertarians from the ACLU or similar organizations should be visiting the same students in the same schools. A school unwilling to host civil libertarians should not be hosting cops. Far too many do.

https://twitter.com/RutherfordPDNJ/status/1103848659538579457

Continue reading

Drivin’ and Cryin’: Bumps on the Road to Pot Legalization

I’m all in favor of the decriminalization of marijuana, indeed for the eventual legalization of recreational pot use, but the closer we come to achieving that goal, the greater the number of practical quasi-dilemmas we’ll have to face that we’d never had to consider before. These quasi-dilemmas may not be conclusive considerations against full legalization, but they can’t be minimized, either.

It’s common for advocates of legalization to compare pot with alcohol: if we accept recreational alcohol consumption, why not accept recreational consumption of pot? In many ways (it’s plausibly argued), alcohol is worse than pot. If we overlook the problems with alcohol and allow recreational alcohol consumption anyway, it seems inconsistent to fixate on the similar problems with pot in order to ban the recreational use of pot. Continue reading