Freedom of religion and equality before the law in a democracy

An individual’s religious beliefs does not excuse him from compliance with an otherwise valid law of general application prohibiting conduct that governments are free to regulate.

Allowing exceptions to every law or regulation that directly or indirectly affects religion would open the prospect of constitutionally required exemptions from legal obligations of almost every conceivable kind. Examples are compulsory military service, payment of taxes, polygamy, vaccination requirements, and child-neglect laws. some parliaments do provide exemptions and accommodations but that does not say they must.

Justice Frankfurter wrote in 1940:

conscientious scruples have not in the course of the long struggle for religious toleration relieved the individual from obedience to a general law not aimed at the promotion or restriction of religious beliefs.

The mere possession of religious convictions which contradict the relevant concerns of political society does not relieve the citizen from the discharge of political responsibilities

Religious freedom bars laws that prohibit:

  • the holding of a religious belief,
  • the right to communicate those beliefs to others, and
  • the right of parents to direct the education of their children.

This approach also has the advantage of not placing courts into the position of having to determine the importance of a particular belief in a religion or the plausibility of a religious claim when weighing it against other government interests and the objectives of the disputed law.

It might be said that there should be a compelling government interest before a religious objection can be overridden. Deciding what is a compelling government interest raises questions of public policy.

Men and women decide what is more or less important in the course of making legislation goes to the very heart of democratic decision-making. This clash of opinions and visions of the good society and what laws should be passed or not are all resolved peacefully through the ballot box and free speech even in the most desperate times.

This is not to say that a parliament may if it wishes exempt people from certain obligations on the basis of religious objections or making other accommodations. What it does require is that religions take their chances in democratic politics like the rest of us when seeking exemptions from a law.

Minorities with strong feelings about an issue regularly prevail in legislative battles because they are willing to vote as a block on one issue and trade their block support with other groups in the society to assemble the necessary majority for what they want.

Indeed, a major discontent with contemporary democratic politics is minorities and special interests have too much say, not too little.

It is up to the political process to decide whether to disadvantage those religious practices that are not widely engaged in, but that unavoidable consequence of democratic government must be preferred to a system in which each conscience is a law unto itself. To quote Frankfurter again:

Its essence is freedom from conformity to religious dogma, not freedom from conformity to law because of religious dogma.

Religious loyalties may be exercised without hindrance from the state, not the state may not exercise that which except by leave of religious loyalties is within the domain of temporal power. Otherwise each individual could set up his own censor against obedience to laws conscientiously deemed for the public good by those whose business it is to make laws…

The validity of secular laws cannot be measured by their conformity to religious doctrines. It is only in a theocratic state that ecclesiastical doctrines measure legal right or wrong

The central role of the market in the emergence of fairness

Experiments in psychology and economics find that in market societies all over the world, a substantial fraction of individuals will be fair in anonymous interactions and will punish unfairness more.

In the dictator game , when played by participants in industrialized societies, the dictators gave away nearly half the prize — a division that probably sounds fair.

As for the noble savage, not corrupted by civilization and symbolising humanity’s innate goodness.what they do in the dictator game: hunter- gatherers, foragers, pastoralists and subsistence farmers were much less willing to share the prize, apparently because they didn’t feel an obligation to someone they didn’t know.

Success in the market correlates with the following characteristics:

  • Be nice: cooperate, never be the first to defect.
  • Be provocable: return defection for defection, cooperation for cooperation.
  • Don’t be envious:: be fair with your partner.
  • Don’t be too clever: or, don’t try to be tricky.

Being nice and not too clever or too tricky  becomes ingrained to success in market societies so that is why in market societies people are fair in the dictator game as a matter of course.

Why drop your standards because some silly experiment by psychologists? After all,  you may have  future dealings with members of the experiment, and  even if you don’t, such as in anonymous computer-based experiments of interaction, you don’t want risk picking up bad habits just to please a psychologist.

Adam Smith, in his study of religion, noticed was that religious sects with stricter codes of honesty and intense mutual monitoring by co-congregants for the slightest moral lapses proliferated in cities. Many successful businessmen belonged to these strict religions. These highly religious businessmen were successful in their businesses because they were looked upon by the public as reliable trading partners in a time of weak law enforcement.

Smith viewed participation in religion as a rational device by which individuals enhanced the value of their human capital.These businessmen did not know that this was profit maximising but the businessmen with religious backgrounds slowly gained market share over rivals that had less efficient ways of communicating both their reliability and that their personal honesty was under daily scrutiny.

Ethnic minorities are advantaged in the same way in business. Because of their extensive social interactions with each other because of their language, religious practices and inter-marriage, the costs of bad business behaviours are much higher due to the risk of social ostracism by everyone you know.  This greater trustworthiness gives them a cost advantage in the marketplace even though they may be unaware of its source.

How many people has the FDA killed today?

Beta blockers regulate hypertension and heart problems. The FDA held up approval of beta blockers for eight years because it believed they caused cancer. Dr. Louis Lasagna of the Tufts University Center for the Study of Drug Development estimated that 119,000 people died who might have been helped by that medication.

Clozaril was first approved and used in 1970 in Europe to treat schizophrenics who did not respond to other medicines. The drug was not approved in the United States until 1990 because companies believed the FDA would reject it on the grounds that 1 per cent of all patients who take the drug contract a blood disease. Clozaril has a beneficial effect on 30 to 50 per cent of patients. FDA delay meant nearly 250,000 people with schizophrenia suffered needlessly.

cat

Mevacor is a cholesterol-lowering drug that became available in Europe in 1989 but did not in the United States until 1992. Taking the drug reduced death due to heart disease by about 55 per cent. During that three-year period as many as a thousand people a year died from heart disease because of this FDA delay.

From 1938 until 1962, the FDA had sixty days to disapprove the application of a new drug. If it did not, the drug could be marketed. The system worked without significant incident.

The dead are many but who did the FDA save from unsafe drugs. There is an infallible test. That test is based on the FDA not being infallible.

The FDA must have made some errors and let some unsafe drugs slip through which caused the hundreds of thousands of deaths needed to make up for the deaths  – the premature deaths –  that were the result of drug delays. What were those drugs that slipped through the net?

via Unpleasant Economists : The Freeman : Foundation for Economic Education.

Instalments in the meaning of life

Believe me, if a person speaks about his troubles all day long, it gives him a certain pleasure - because true grief is wordless - Samuel Johnson Quotes - StatusMind.com

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Political philosophers have weird debates

The debate with Robert Nozick over self-ownership got to the level of do we own our own eyes or are they open for harvest and redistribution to be blind. Two working eyes is a matter of genetic luck

G.A. Cohen in Self-Ownership, Freedom, and Equality says your right to your own body outweighs commonly used socialist principles that mandate redistribution. You are entitled to keep your eyes even if the fact that you have two working eyes is a matter of genetic luck and even if a blind person needs an eye more than you do.  Good eyes are the winnings of the genetic lottery and yet

They do not immediately agree that, were eye transplants easy to achieve, it would then be acceptable for the state to conscribe potential eye donors into a lottery whose losers must yield an eye to beneficiaries who would other- wise be not one-eyed but blind.

Cohen then concluded that our real objection to an eye lottery in the actual world is not that it violates self-ownership but that people have a right to bodily integrity.

p.s. English moral philosopher, John Harris, does support a compulsory organ lottery

HT: David Gordon

The Great Enrichment foretold

Thomas Babington Macaulay’s books on British history are hailed as literary masterpieces.

His writing are famous for their emphasis on a progressive model of British history, according to which the country threw off superstition, autocracy and confusion to create a balanced constitution and a forward-looking culture combined with freedom of belief and expression.

This model of human progress has been called the Whig interpretation of history where civilisation marches onwards and upwards towards the light. I do know how he explained the fall of the Roman Empire and the Dark Ages.

Friedman on middle-class welfare

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Good old fashioned altruism versus a grubby market for kidneys

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via Carpe Diem

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One utopian?

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People say things they later regret and their friends regret they said it at all

There are plenty, now on the left and the right, who in the past, and sometimes too recent past, dabbled in ideologies that did not include an unwavering commitment to democratic government, the rule of law, and peaceful change through the ballot box.

Ex-communists: they are allowed back into polite society and into left-wing political parties often without have to admit and openly repent for being the fools that they were. Some of these ex-communists took a long time and were well past their immature youth to see the foolishness of their ways.

The forgiveness for ex-communists is odd as Hayek in the Road to Serfdom challenged the general view among British academics that fascism was a capitalist reaction against socialism, instead arguing that fascism and socialism had common roots in central economic planning and the power of the state over the individual.

The inter-war communists hated the Fascists because both competed for the working class vote and because ex-comrades such as Mussolini had worked out that co-opting nationalism with anti-big business rhetoric was a sure path into the hearts of the working class, lower-middle class, and small business and greatly increased the chances to seize power quickly and legally with wide support in times of discontent.

The economist Joan Robinson gazed on China and North Korea with “starry eyes”, as Geoffrey Harcourt put it, as well as making some utterly devastating criticisms of Marxian economics at earlier points in her long career. Robinson became more left wing as she aged, and in Economic Management in China (1975), she praised the Cultural Revolution! Her colleagues were quite embarrassed.

Noam Chomsky spoke when he should have listened on Cambodia under Pol Pot.

Orwell’s Proposed Preface to ‘Animal Farm’ is a wonderful dissection of renegade liberal that glorified communist experiments. For Orwell, these intellectuals loved the Stalin’s Soviet Union despite the purges, mocked bourgeois liberty despite their own pleasing bourgeois circumstances, and identified with communists would who have shipped them off to camps straight after the revolution. The renegade liberals excused the Moscow purges because communists were just ‘liberals in a hurry’!

Richard Epstein lecture on Piketty 19 June 2014

http://vimeo.com/98657610

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We can all join together in one Utopia!

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H.L Mencken on meddlesome preferences

Puritanism: The haunting fear that someone, somewhere, may be happy.  - H. L. Mencken

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Hero worship in left-wing politics

It is the Left who hero worships its leaders and even have photos of them on the walls inside their houses. Right-wing party leaders are mostly forgotten 5 minutes after they left office.

Do you recall the wide smiles on the faces of Bob Brown and Adam Bandt when the parliament was addressed by the Drone Commander-in-Chief Obama.

Bob Brown and Barack Obama - President Obama Visits Australia - Day 2

Did Bob Brown interrupt Obama’s speech to ask about the war in Afghanistan and drone strikes? He interrupted Bush when he addressed parliament.

The Left is inherently prone to hero worship because the Left wants to reshape the world and the leaders of that movement have heroic missions. As Mises explained:

The incomparable success of Marxism is due to the prospect it offers of fulfilling those dream-aspirations and dreams of vengeance which have been so deeply embedded in the human soul from time immemorial. It promises a Paradise on earth, a Land of Heart’s Desire full of happiness and enjoyment, and—sweeter still to the losers in life’s game—humiliation of all who are stronger and better than the multitude.

The 10 Commandments of Logic

HT: theness.com/neurologicablog

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NOT A LOT OF PEOPLE KNOW THAT

“We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism. We know that the only way to avoid error is to detect it, that the only way to detect it is to be free to inquire. We know that in secrecy error undetected will flourish and subvert”. - J Robert Oppenheimer.