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[personal profile] elfs
Justice Antonin Scalia, in his dissent from the ruling Lawrence v. Texas, said that the court's overturning its own opinion in Bowers v. Hardwick, "calls into question state laws against masturbation."

Remember, this isn't just Scalia spouting off here. His version of the constitution may be weird, but it's consistent in the notion that some things, such as sexuality and privacy, which aren't explicit in the constitution, are not to be dealt with by the courts but must be deferred to the states. On the other hand, religion, which is explicitly mentioned in the Constitution, is the province of the Court, which has the final say and sometimes defers to "the verdict of history." Anyone who remembers the Judge Bork case can remember his dissenting opinion in Griswold v. Connecticut.

As if that weren't bad enough, the religious right is now interested in "strengthening marriage," which include "addressing deliberate childlessness is marriage."

Isn't that special?

Date: 2004-11-24 05:43 pm (UTC)
From: [identity profile] elfs.livejournal.com
Really? How about this: the maximum function of a good government is to use its monopoly power on legitimate violence to the least of its capacity; to enforce contracts between sovereign citizens and to maintain the property rights of individuals. Everything else is extraneous, distracting, and possibly detrimental to the functioning of "good government."

I read the other day that the price of laser eye surgery has dropped precipitously in the past decade even as the procedure itself has become more refined and desirable outcomes more commonplace. It is one of the few corners of the medical establishment where market forces, unskewed by government regulation, has worked.

Why isn't this true of, say, education?

Date: 2004-11-24 06:02 pm (UTC)
From: [identity profile] sierra-nevada.livejournal.com
Plastic Surgery is also well regulated by market forces - it's elective, and not (generally) a matter of life & death. I would argue that the healthcare market is otherwise skewed badly by urgent necessity on the part of the consumers.

I'm fully in favor of school vouchers to inject market discipline on the educational system - something the teachers' unions have mostly successfully resisted. I still think that education should be required of all minors, unless we decide that people without a high school diploma (or equivalent) aren't allowed to vote.

Date: 2004-11-25 05:05 am (UTC)
From: [identity profile] omahas.livejournal.com
Really? How about this: the maximum function of a good government is to use its monopoly power on legitimate violence to the least of its capacity; to enforce contracts between sovereign citizens and to maintain the property rights of individuals. Everything else is extraneous, distracting, and possibly detrimental to the functioning of "good government."

1) The government (the legal arm of Society) does not have a monopoly power on legitimate violence, or there would be no right to use lethal force in self-defense, or the defense of another life. I can provide you with much case law if you don't believe me.

2) Let's look at minors in our country: Unless violence is performed on a child, any actions, or inactions, that brings danger to a child (such as emotional harassment, neglect, mental abuse, etc) does not fall into the first category of government's role as you stipulated. There are no contracts that our government currently recognizes as existing between child and guardian that can be enforced (the child did not sign a contract), so any actions or inactions that brings danger to a child does not fall into the second category of government's role as you stipulated. And government, and Society as a whole, does not recognize children as "property", so any actions or inactions to a child that brings danger to a child does not fall into the third category of government's role as you stipulated.

So, my question is, where is CPS allowed to exist within your narrowly defined "good government"?

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