Leontiskos wrote: ↑September 5th, 2022, 1:33 am
if you look at the way that Christianity and Islam understand law it would be impossible for some new Western State to take up a stance of neutrality
vis-a-vis those conceptions of law. It will either tend towards natural/intellectualistic or positive/voluntaristic, and this will in turn be hugely important for how the two religions fit into that legal culture.
I agree that there are either/or decisions where no neutral position exists. (If an example is needed, I'd suggest that the Anglican church's struggles with the issue of homosexuality are linked to the non-existence of a neutral stance between opposing concepts).
Happy to take your word for it that the basis of law is such an issue.
But I'm not convinced that this prevents a secular state from adopting a neutral stance regarding religious practice by its citizens.
The fellow who has no access to medical care or work is oppressed by an absence.
No, that's putting it backwards. A man may be oppressed by sickness, or by poverty, or by boredom, and see medical care or a steady job as the solution. But it is the problem rather than the absence of solution that is the causal factor in his oppression.
The distinction is important for example, when it comes to mental health. If a man is tormented by unsatisfied desires, he can be relieved either by satisfaction of those desires or their removal. Or their modification into a desire for something slightly different. The nature of desire is that we naturally identify getting what we think we want as the issue. But that's too narrow a focus.
A fair bit has been written recently in psychology, sociology, and economics about how an excessive multiplication of choice and autonomy has given birth to generations who have been immobilized by the sheer number of choices that confront them. "Paralysis by analysis" is one of the catch phrases meant to capture this phenomenon.
I don't disagree. But culture gives us a guide through all the things that we could conceivably legally do.
Why think that "maximin" is the only relevant consideration on the Veil of Ignorance?
Because if you take the utilitarian view then the Veil is redundant. The calculation you'd do (as a card-carrying utilitarian) to maximize expected total utility is the calculation you'd do under a version of the Veil of Ignorance with an equal chance to experience the known benefit/disbenefit accruing to each person.
The Veil of ignorance - as I understand it - is an argument for not having a scapegoat - because you could end up as the scapegoat! Even when a utilitarian nods approvingly and agrees that blaming one person for everything is an efficient process for maximising human satisfaction...
Ecurb wrote: ↑September 4th, 2022, 7:27 pm
I'm actually quite capable of arguing for exactly what I am arguing for: that libertarianism supports a minimal state in some ways, and not in others. Why anyone would think that means I oppose a libertarian state, property rights, or the rule of law is a mystery to me.
OK, setting your preferences entirely to one side, are you dispassionately suggesting that a minimal functional state would have fewer laws than a libertarian state or more laws ? Seeing as you think I'm mistaken in equating the two...
All one has to do is say, clearly and correctly, that property rights allow one person to control other people vis a vis the property, and that is ALL they do
Again, it is the enforcement of property rights that exerts a coercive control of others' behaviour.
And the choice is between the state enforcing these rights for everyone, and a situation where the stronger man can enforce his own rights and ignore the rights of the weaker man.
(Noting that sronger doesn't necessarily refer to physical strength. It could equally describe a system where disputes are decided in favour of whoever can pay for the most expensive lawyer, or whoever has connections with the most powerful gang leader.)
"Opinions are fiercest.. ..when the evidence to support or refute them is weakest" - Druin Burch