trew said:
bordsilver said:
People are often in danger of mixing up legal rights and morality on this issue. As alluded to in some of the posts above, this sort of morality should never be legislated and to do so will almost always have unintended side effects. The people around you will judge you by your actions.
Well the video in the first post argues price gouging is not immoral.
Guess the morality depends more on the views of the community being affected by the price gouging then.
We're getting into fairly fine distinctions here so I'll try to be careful about my wording. Morality consists of a whole bunch of ways you think you should act in given circumstances. People can each have their own set of morals but what's important in the context of my post is whether they should be legally enforceable.
Let's start with the concepts of negative rights and positive rights:
- A negative right is a right to be free of something. In order for someone to fulfill your negative right to life they simply must not murder you. The legal system is principally based on enforcing people's negative rights with the justice system determining the appropriate punishment. These rights are common to every person and are intrinsic to a functioning society. The non-aggression principle is a succinct summary of all negative rights.
- A positive right is the right to be provided something by the action of another. Positive rights are the antithesis of negative rights. These should not be part of the legal system as they are not common to every person and are based on your preferences or norms.
My morality might say that it is wrong for me to commit first degree murder. The legal system agrees because it violated the victims negative rights and society passes formal punishment on me through the formal justice system.
My morality may say that it is wrong to let a person go hungry. The legal system, however, should not agree because any notion that you have the "right" to receiving food from others automatically infringes on the other person's negative rights. Hence, if someone else does not give me their food they should not be at risk of any formal punishment from the legal system. I may think he's a socially irresponsible immoral dick. Others in the community may think the same as well. As errol and newtosilver described above, we can non-coercively punish that person in the future by refusing to associate with them or by refusing to trade our things with them etc. A morally just society, however, should not
legislate punishment against that person.
Pre-empting the obvious question - what happens if a person has a massive stockpile of, say, critical medical equipment that can save someone's life right now and this equipment is not needing to be rationed in any way? Does the person have a legal responsibility to help the person lying outside their front door? I would say that they do not. I would however say that they do have a social responsibility. If they refused to supply the equipment except at an exorbitant price or only after getting a loan from the local bank then I would say that you are fine to storm his premises and take the equipment to save the person's life. Importantly though, you should then be hauled in front of the courts as a result of your actions that infringed on the person's rights. A reasonable justice system would find you guilty but would say that - because of the circumstances - you merely need to pay a reasonable fee to the owner equipment in compensation. The courts should also sanction and tongue lash the insensitive bastard that was willing to let someone die in front of them when they could easily intervene with minimal cost. They should not, however, be able to apply any form of formal punishment as this would be forcing positive rights.
Stefan Molyneux summed up this type of situation beautifully with his "You're a dick" qualifier to the non-aggression principle. "You're a dick" if you don't help save someone's life in this instance. Yes, he broke into your store and stole your equipment, but "you're a dick" so we'll just slap him on the wrist and maybe give him a medal.