Bio

Update: Where has Midge gone?

Midge has a habit of mysteriously disappearing for prolonged stretches now and then. Several times, this has been to take care of family emergencies. Other times, it's because easily-distracted snakes just need to stay the Hades away from a place as addictive as Ricochet until their time-management improves.
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Other rattlesnakes make fun of the Midget Faded Rattlesnake because even though it's a rattlesnake, it's both midget and faded (how embarrassing). Mainly it puts up with this, because it's fairly even-tempered (for a rattlesnake), though it's surprisingly venomous for such an unprepossessing creature.

Politics: Fairly libertarian ("hardcore libertarian" according to The World's Smallest Political Quiz -- but the quiz steers people that way).

Religion: Ecumenical Christian of some kind, too orthodox for some, not enough for others.


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Midget Faded Rattlesnake's Profile

Midget Faded Rattlesnake
Name:
Midget Faded Rattlesnake
Joined:
Aug 4, 2010

Recent Comments

Midget Faded Rattlesnake
Mike Hinton: If the homeowner's insurance company contract has the insurer footing the bill for losses due to fire, the insurer is going to make sure the fire companies they hire minimize their losses. Even if there isn't a lot of direct competition between fire fighters, there could be pressure from insurance companies to do a good job or they are going to try to convince an adjacent company to expand into the poor performer's area while defunding the bad firehouse.

Are you thinking that, once a locality has a critical mass of Insurance X policyholders in a given area, Insurance X might want to sponsor a firehouse for that area as a policy perk?

That perhaps anyone within a given radius could call on Insurance X's firehouse, and that homeowners who either hold an Insurance X policy or who carry another insurance willing to negotiate with insurance X will get free or discounted firefighting services? Or perhaps Insurance X might actually find it cost-effective to provide some local fire houses as a civic service?

Something like that?

(Some life-insurance clubs built hospitals that anyone could use, with club members receiving special discounts.)

Midget Faded Rattlesnake

Mendel

Also, I think the main, perhaps only reason that volunteer fire departments exist today is becausefirefighting is a public utility.  I can't prove it, but I sense that the human instinct to volunteer is much stronger when it comes to a civic service that the community would otherwise pay for through taxes vs. an activity otherwise performed by profit-seeking companies.

Hmm... a lot of arts organizations rely on volunteers to provide civic services (concerts at free or reduced fees), yet I don't usually think of the arts as a public utility (or at least, not a legitimate one).

On the other hand, people rarely find themselves in desperate need of an emergency opera singer.

Midget Faded Rattlesnake

Mendel:

So until we all live in private communities which allow us to put restrictions on our neighbors, I am doubtful that full-scale privatization of either fire or trash services is viable.

Funny how the ideal private community envisioned by anarcho-capitalists often sounds more communitarian than ordinary municipal life. (This could be a feature, not a bug, of  the anarcho-capitalist mentality.)

Mendel

Second, in order for the market to spur the development of new technologies, people would have to be exposed to the risk of their house burning down without the fire department saving it.  That would mean a large increase of risk compared to the current situation, and I am doubtful that democratic societies would choose to expose themselves to a much greater risk of catastrophic damage than what they are currently accustomed to.

Yeah, there's that.

Midget Faded Rattlesnake

Mendel:

If my house burns and I haven't paid my monthly firefighting dues, and my neighbor also hasn't paid his, the fire from our two houses has the potential to spread exponentially, such that many people who paid up still suffer a catastrophic loss.

That's one possible difference between ambulances and fire trucks.  A fire truck arriving in a timely manner might have the potential to prevent more loss than an ambulance that arrives in a timely manner.

Life is precious, and it's always sad when a person dies because the ambulance doesn't show up in time. But a late ambulance usually doesn't risk endangering perhaps hundreds of people, along with their property. A late fire truck could.

Midget Faded Rattlesnake

Mendel:

If we're talking about homeowners buying fire protection themselves (as opposed to municipalities subcontracting to one company), efficiencies would only reasonably occur if a homeowner could choose from multiple firefighting companies to protect his home.  But since firefighting requires keeping expensive assets widely distributed (to reduce response time), most likely each neighborhood/town would develop a natural monopoly, with the inevitable unfavorable results that brings.

Is it possible that technological innovation can produce fire-fighting equipment that doesn't have to be driven at high speeds through congested traffic (on the roadways or in the air) in order to fight fires?

I think automated sprinkler systems already fall into this category.

Also, I'm still not exactly sure where volunteer fire departments fit into all of this. Are they really voluntary (hence not something libertarians should have a problem with)? Or do they inevitably degenerate into crony-capitalism or an arm of the municipal government?

Midget Faded Rattlesnake
Katie O: An abortion is the termination of a known pregnancy -- killing with full knowledge. Contraception is the prevention of fertilization or the possible termination of a pregnancy.

That seems like the most reasonable distinction to me.

It is linguistically weird (as  contra-ception  means  against-conception), but consistent with our tradition of considering others innocent until proven guilty.

Edited 1 hour ago
Midget Faded Rattlesnake

EstoniaKat:

The utility of the original bottle cannot be denied. And I feel more sanitary, as I found worms wiggling in a vinegar jug about 10 years ago.

For whatever it's worth, vinegar eels, though unappetizing to most of us in the finished product, are totally harmless, often present during vinegar manufacture (then filtered out later), and may contribute to vinegar's flavor.

Midget Faded Rattlesnake

tabula rasa

EstoniaKat

tabula rasa: You've not heard to the thousands and thousands of olive oil poisonings all over Europe?  Public health crisis.

Being the devil's advocate here, how old is that olive oil in your jug at the restaurant? Days, weeks, months ... years? ยท 5 hours ago

If it were my restaurant, it would be fresh:  because I have the greatest incentive to (1) get customers to come back and (2) to not make them sick.  This is not a problem that requires EU regulations to solve.

I also trust that cooks in good restaurants won't spit in the soup.  That too is a "problem" that doesn't require government intervention.

Not only that, but when olive oil is in a bowl or an open jug, your own nose tells you whether it's gone rancid  before  you pour it all over your food. If the olive oil's in

pre-packaged, factory bottles with a tamper-proof dispensing nozzle,

not so much.

Midget Faded Rattlesnake

It seems to me that the goal of pro-lifers should be efficient deterrence of as many abortions as possible.

The most bitterly contested legal battles are those where the evidence is uncertain and the punishment for guilt is very grave. Bitterly contested legal battles eat up resources like sumo wrestler with tapeworm: to encourage too many bitterly contested legal battles is simply inefficient.

All else being equal, if the punishment for guilt is less, there is less reason for the defendant to put up a huge fight, and less reason for the jury to cling to the last conceivable (and not necessarily reasonable) shred of doubt in order to avoid turning in a guilty verdict.

Something to keep in mind with criminalizing abortion: you might get better total deterrence from a milder punishment than from a very harsh punishment.

Midget Faded Rattlesnake

Tom Meyer

Midget Faded Rattlesnake

Suppose person X believes that abortion is murder in God's eyes. Suppose X also believes that the legal system cannot afford to prosecute abortion as murder because it does not share God's omniscience. Are X's beliefs mutually incompatible? I think not.

The omniscience you're referring to here regards evidence, correct? 

Exactly.

Tom Meyer

  1. Thank you!
  2. Not in the case of late-term abortions.  If Kermit Gosnell is a murderer -- which I think is true -- and if we know who the women are who sought his services, then it only seems reasonable to me to prosecute them and perhaps their partners for soliciting murder.

Regarding 2:

It seems consistent with the evolution of common law that the closer the evidence of abortion gets to the evidence of (traditional) homicide (killing of a live-born person), the more abortion should be treated like homicide. Just like with age-of-consent laws, there'll probably be some "arbitrary" lines drawn (and perhaps inevitably, exceptions to those lines). But I think I could live with that.

Midget Faded Rattlesnake

Recently, I read a touching pro-life article about mourning the unmet. Calling the aborted the unmet highlights the difficulty of prosecuting abortion as if it were the murder of a born person.

People usually suspect murder only if they've found a dead body or noticed that someone's gone missing. When abortion's done early enough, it's hard to notice there's a dead body in there. And you can't notice that someone's gone missing if you've never met them. Therefore, abortion is inevitably the easiest kind of human-life-taking to get away with.

Most people dislike viewing justice as a gamble, and get uneasy when the law punishes one person harshly for a crime that many other people get away with. It offends their sense of equity. I'm more accepting of the "gambling" aspects of the legal system than average -- I know removing risk from the law is subject to diminishing returns. But even I feel uneasy with the prospect of one person getting, say, capital punishment for a crime hundreds of others inevitably get away with.

So the old common laws regarding abortion strike me as rather sensible.

Edited 2 hours ago
Midget Faded Rattlesnake

Tom Meyer

Midget Faded Rattlesnake

According to this source, it wasn't until the nineteenth century that abortion became a matter for legislation rather than common law. Before then, abortion before quickening generally went unpunished by common law, and was punished with penance by canon law, while abortion after quickening was treated as a very grave misdemeanor in common law, and as quasi-homicide in canon law.

Midge,

Would you agree that this tradition -- which strikes me as quite sensible -- is incompatible with calling abortion "murder"?

Depends.

Suppose person X believes that abortion is murder in God's eyes. Suppose X also believes that the legal system cannot afford to prosecute abortion as murder because it does not share God's omniscience. Are X's beliefs mutually incompatible? I think not.

X's beliefs will, however, be confusing and contentious if they are not articulated clearly.

Pro-lifers hurt themselves when they fail to articulate practical, historically-grounded guidelines for laws criminalizing abortion. That scares non-pro-lifers into fearing that pro-lifers want suspected abortions to be investigated as if they were first-degree murders, even though practical considerations of evidence and burden of proof obviously make that impossible.

Edited 4 hours ago
Midget Faded Rattlesnake

Tommy De Seno

Jojo

What should the law be? Do you want all forms of abortion, even contraceptives that prevent implantation of a fertilized egg, made illegal? What happens to a woman who uses them?  Is she fined?  Jailed? Sent for mandatory re-education?  I think this is the enforcement problem to which some have alluded.

We have a full panoply of laws regarding homicide.  There will be no need to pass more.

Tommy, doesn't the law traditionally apply the term homicide to born persons?

(This isn't to say that tradition is never wrong.)

Midget Faded Rattlesnake

Charity and smoky slow cookin'.

A tasty, tasty combination.

Midget Faded Rattlesnake
Kim Larsen: For beautiful, moving "study prayers," we have to mention the Anglican Book(s) of Common Prayer.

I heart the Book of Common Prayer! Or the older editions, at least :-)

Mr Rattler and I were married using one of the rites in the Book of Common prayer.

Midget Faded Rattlesnake

QuickerBrownFox:

1) How should the criminal justice system treat a mother who has aborted her child?

2) If several co-workers or neighbors strongly suspect that someone they know has had an abortion, what should the government's role be at that point? What would the investigation look like?

Quicker,

I think the best place to start looking for an answer is in our legal history, first in Anglo-American common law, then in English canon law.

According to this source, it wasn't until the nineteenth century that abortion became a matter for legislation rather than common law. Before then, abortion before quickening generally went unpunished by common law, and was punished with penance by canon law, while abortion after quickening was treated as a very grave misdemeanor in common law, and as quasi-homicide in canon law.

Abortion can be a very hard crime to prove, particularly early-term abortion. Common sense tells us we can't allow every unfortunate woman who has miscarried, or whose weight simply fluctuates, to be under suspicion of murder. And under any law against abortion, many women will nonetheless get away with it. Just and humane laws must reflect these realities.

Edited 5 hours ago
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