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Third Interview of Gennady Stolyarov II and Wendy Stolyarov by Roen Horn of the Eternal Life Fan Club – May 2, 2015

Third Interview of Gennady Stolyarov II and Wendy Stolyarov by Roen Horn of the Eternal Life Fan Club – May 2, 2015

The New Renaissance Hat
G. Stolyarov II and Wendy Stolyarov
September 6, 2015
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ELFC_DIW_Third_InterviewNote by Mr. Stolyarov: On May 2, 2015, a hot spring day in Roseville, California, Wendy Stolyarov and I visited Roen Horn of the Eternal Life Fan Club and had a lengthy discussion with him on a wide variety of subjects: life extension, our illustrated children’s book Death is Wrong, healthcare policy, criminal punishment, and the political prospects of the Transhumanist Party and third parties in general. This was Roen’s third interview with us (watch the first and second interviews as well), and his skillfully edited recording offers a glimpse into its best segments. This conversation occurred approximately four months before Wendy and I took the step to found the Nevada Transhumanist Party, but my comments in this interview are a good example of the evolution of my thinking in this direction, as I was already inclined toward endorsing Zoltan Istvan’s 2016 Presidential run.

Watch the interview here.

Join the Nevada Transhumanist Party here.

Immanuel Kant’s Ideas on Knowledge, Science, Morality, and Rational Free Will (2002) – Essay by G. Stolyarov II

Immanuel Kant’s Ideas on Knowledge, Science, Morality, and Rational Free Will (2002) – Essay by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
July 23, 2014
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Note from the Author: This essay was originally written in 2002 and published in three parts on Associated Content (subsequently, Yahoo! Voices) in 2007.  The essay earned over 23,000 page views on Associated Content/Yahoo! Voices, and I seek to preserve it as a valuable resource for readers, subsequent to the imminent closure of Yahoo! Voices. Therefore, this essay is being published directly on The Rational Argumentator for the first time.  The essay should be read as a factual exposition, not an endorsement, of Kant’s views.***
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~ G. Stolyarov II, July 23, 2014
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Immanuel Kant’s Early Life and Ideas on Knowledge

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Immanuel Kant was born in 1724 in the East Prussian city of Konigsberg (modern Kaliningrad, although the post-Communist leadership of the Russian Federation is considering an alteration of its name to “Kantgrad”), in the middle-class family of a manufacturer of saddles. He lived on a moderate income, sufficient for him to attend the university within the city and display the reputation of a formidable student.

Kant was a man of rather fragile health and a “late bloomer”, and thus spent the better portion of his youth slowly obtaining knowledge sufficient to gradually ascend the hierarchy within the university. His early years were spent constantly engaging in social activities and exposing himself to both the mundane and the ideological worlds. However, his contemporaries perceived that despite his insightful mind and abundance of ideas, Kant would never emerge as a leading philosopher due to the worldly distractions that he faced.

The young Kant became determined to prove his doubters wrong. He altered his routine, beginning in his late twenties and intensifying as he neared old age, into a rigid, nearly mechanical working discipline, forfeiting most interpersonal interactions other than those with his students (he was a private tutor earning a meager income prior to having earned his doctorate in 1755). He resolved never to marry nor acquire a family that would divert him from the task of becoming the prominent thinker who revolutionized Western thought.

Kant’s first work was composed in 1746, and titled Thoughts on the True Estimation of Living Forces. His ideology developed from that point into the formidable and thought-provoking philosophical doctrine that one would encounter in Critique of Pure Reason (First Edition published in 1781, the Second Edition in 1787).

Kant argues that there exists a difference between individual perception of the world and the absolute reality in which the human species dwells. He refers to the external world as “things-in-themselves,” of which every person possesses a varying and inaccurate understanding due to the unique manner in which an individual’s mind would process this information. This activity is known as synthesis, and involves the assimilation of data into the mind, after which it is blended with and connected to previous experiences to thus add to one’s perception.

Kant rejects the existence of a priori intuitive postulates within the human mind, claiming that so-called “intuition” is a product of having received information, then engaged in discourse on or analysis of the topic that the information concerns, and, at last, forged a conclusion, a point where synthesis forms the understanding that becomes a portion of our perception. Kant divides intuition into two categories, “sensible,” which is presented with material after which it undergoes synthesis and extracts an “insight” from it, and “intellectual,” which actually “creates” truth. Only God, according to Kant’s doctrine, would possess intellectual intuition.

Immanuel Kant’s Ideas on Science and Morality

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According to  Immanuel Kant, no person may possess inherent wisdom about reality. This is best summarized in the philosopher’s famous expression, “Thoughts without content are empty; intuitions without data are blind.”

Indeed, Kant believes that in order for us to utilize our sensible intuition, we must possess two stimuli, “physical sensation” and “moral duty.” The first of the two addresses a portion of Kantian thought known as “empirical realism,” a reasoning that defines that absolute reality as the entire universe in which all human beings dwell. Every time we acquire external data from that absolute reality, our perception of it assumes a greater degree of accuracy. And what would be the optimal way of acquiring such data with only minimal if any contact with other persons’ perceptions (which are, like ours, inaccurate, only in different ways, since each human being possesses a unique arsenal of experiences)?

Scientific exploration is, therefore, the key to an ultimate comprehension of things-in-themselves. Kant was a fervent admirer of Newtonian thought and the Scientific Method, which permitted scientists to ascend to unprecedented heights in their understanding of and control over nature.

The second stimulus to action, moral duty, provides the explanation for the purpose of all human actions toward the comprehension of the universe. This portion of Kant’s doctrine has been dubbed by the philosopher as “transcendental idealism,” since it establishes a framework outside the natural world upon which correct actions are based. Kant sees the ultimate virtues to be the attempts to reach three goals which are not yet found in reality, God, freedom, and the immortality of individuals. God, the Creator and Supreme Being of the universe, must be fathomed, properly interpreted, and obeyed in accordance with his true desires. Freedom, the individual liberty to act as one wishes and to grant all others this right, must be instituted through societal reforms and a development of ideology to understand the proper order that would establish such an atmosphere. And, at last, every human being must rise to possess the right to exist for an indefinite length of time that he may obey the commandments of God and practice his freedoms. Kant states that all which is right and moral must be based upon those three principles.

As such, Kant separates the scientific realm (which describes what is) from the moral realm (which explains what ought to be), but he considers these two realms to go hand-in-hand — ultimately advocating putting the scientific realm in service to moral one.

Immanuel Kant’s View of Rational Free Will and Its Implications for Criminal Justice

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In the view of Immanuel Kant (1724 – 1804), all individuals possess a “rational free will” and are capable of recognizing the three pillars of morality – God, freedom, and immortality – and acting accordingly with them. Kant recognizes that every intended deed is purposeful and selected by the person who commits it.

According to Kant, no set of circumstances, no matter how great their severity, can force a person to abandon the three moral virtues unless the individual himself selects to do so. And this selection, then, permits for punishment to be distributed to an individual based on the action undertaken. Thus, every deed committed with the intention of being so done implies a moral accountability within the human responsible.

This model of thought is of immense help to understanding what actions Kant saw as necessary for the creation of justice within the real world, since, once again, every individual’s worldview is based upon that individual’s own set of experiences. Thus, any judgment by one individual of another’s set of “data” will be subjective and skewed, which perverts any prospect for objective justice. That is, unless an objective framework such as one of “God, freedom, immortality” is used to evaluate a deed and not the person responsible, while properly rewarding or punishing the latter.

A Kantian justice system would thus solely focus on what was done, rather than on the character of the person who did it. No excuses regarding a criminal’s genome, upbringing, history of mental illness, or socioeconomic status can exonerate him from receiving punishment for the criminal act. The fact that a man was abused during his childhood does not justify his infliction of similar abuse on others later in life. The fact that a mother who drowned her five children was suffering from post-partum depression does not nullify her responsibility for the act and the need to punish her to the utmost extent possible.

Indeed, a court organized on Kantian lines might be able to exercise its functions using purely objective, factual considerations. Evaluating the evidence in a specific case, the court could conclusively determine what was done, and who did it, from which the punishment for the perpetrator would follow algorithmically, being already stipulated in the law. Whether the criminal is a “nice person” or has a history of past troubles would have no bearing on the outcome – thus eliminating the need for subjective opinions entering the analysis. Neither aloof nor passionate behavior on the part of the defendant in the courtroom would have the ability to sway the court’s decision one bit.

Longevity is Justice – Quiz and Badge – Second in TRA’s Series on Indefinite Life Extension

Longevity is Justice – Quiz and Badge – Second in TRA’s Series on Indefinite Life Extension

 longevity_is_justice

G. Stolyarov II
March 21, 2013
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The Rational Argumentator is proud to announce the second in its planned series of quizzes on indefinite life extension, a companion activity to the Resources on Indefinite Life Extension (RILE) page.

Longevity is Justice Quiz

Read “The Imposition of Death” by G. Stolyarov II and answer the questions in the quiz below, in accordance with the essay. If you get 100% of the questions correct, you will earn the Longevity is Justice badge, the second badge in The Rational Argumentator’s interactive educational series on indefinite life extension.  You will need a free account with Mozilla Backpack to receive the badge.

This badge was designed by Wendy Stolyarov, whose art you can see here, here, and here.


Leaderboard: Longevity is Justice Quiz

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Effects of Indefinite Life on Criminal Punishment – Article by G. Stolyarov II

Effects of Indefinite Life on Criminal Punishment – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
March 20, 2013
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How would criminal punishments be affected if humans attain indefinite life? I was recently invited to comment on this subject in an Immortal Life debate thread.

I actually created a video on this very subject in January 2012: “Life Extension, Crime, and Criminal Justice”.

Importantly, there would be considerably less crime in a society where indefinite life extension has been achieved. People would have fewer motivations to commit crime, as they would be considerably healthier, happier, and more prosperous. Moreover, they would have more to lose through criminal punishment. They would make plans with a much longer time horizon in mind, and criminal behavior could derail those ambitious plans.

My general view is that criminal punishment would be transformed, especially in the case of capital punishment. Capital punishment might itself be redefined from execution to the simple withholding of life-extension therapies, allowing the unmitigated process of senescence to proceed. This would be effective in allowing appeals and the discovery of evidence of innocence – since a biologically young offender might have a good sixty years in which to make a successful case. I still see the need for that kind of “death penalty” for actual murder, though. Depriving a person of life in a society where indefinite life is possible is no longer a matter of shortening a life by a few decades. Rather, it curtails a potentially unlimited lifespan, full of irreplaceable individual experiences, achievements, and values. Thus, while the troubling aspects of physically violent execution might disappear, the severity with which the offense of murder is perceived would also increase. For some people who might otherwise have been inclined toward crime, this might lead them to reconsider and form internal inhibitions.

As regards imprisonment, being incarcerated for life would be much more severe of a punishment if a person is to live indefinitely – especially if parole is not an option. Perhaps this sort of life imprisonment would be used for offenses that are a degree less egregious than the kinds of offenses that result in the gradual “natural” death penalty that consists of withdrawing rejuvenation treatments. For lesser offenses, though, the focus of the criminal-justice system would shift from punishment to restitution. In a future that is far more prosperous and where advanced medical care is abundant, it would be much easier to fix injuries or restore property to a pre-damaged form. The offender would be asked to pay for the damage (perhaps twice the cost, in accordance with Murray Rothbard’s “two teeth for a tooth” rule of restitution).

My video elaborates on all of these points, for those who are interested in delving into them in greater depth.

Reflections on Victor Hugo’s “Les Misérables” – Article by Edward W. Younkins

Reflections on Victor Hugo’s “Les Misérables” – Article by Edward W. Younkins

The New Renaissance Hat
Edward W. Younkins
February 18, 2013
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This essay is not a review of Tom Hooper’s recently released film of the tremendously popular 1980s stage musical. However, the release of this film has given me the occasion to read and to reflect upon the original text of Victor Hugo’s 1862 classic, Les Misérables, a mosaic of social indictment, history, social philosophy, sentimentality, and spirituality.

Victor Hugo’s Les Misérables (1862) is the great prose epic of the nineteenth century. Interweaving the social and spiritual threads of human life, the novel has been influential in making people desire a more just world. In Les Misérables the author condemns the unjust class-based social structure in nineteenth-century France for turning good people into criminals and beggars. He makes a case that crime and poverty can be eliminated through universal education, a criminal justice system that is flexible and focused on rehabilitation rather than punishment, and the more equal and humane treatment of women. Despite these broad recommendations, Hugo offered no practical solutions for reforming schools, the police, the courts, and the prisons. Les Misérables is a call for a wiser and nobler civilization. When it was released, it inspired a great deal of sympathy for hapless people oppressed by the state. It was also viewed as a celebration of revolution against tyranny.

Les Misérables is an epic novel focused on characters fighting against their exploitation and oppression. We see the injustices and disproportionate sentences piled upon Jean Valjean, the abuses suffered by Fantine, the brutality foisted on Cosette, the maltreatment of Enjolras  and his fellow revolutionaries, the plight of homeless children, and so on. All of these are examples of society’s injustice toward the lower classes. Through these stories, the novel exudes sympathy from the reader for the most wretched in society. The message is that, if men murder and steal and women fall from grace out of desperation, it is not their fault because they can find no honorable path to sustainability within the constructs of society. Rather, it is the fault of society and its creations, the state and the law. The state and its legal system are shown to be disinterested in the conditions of the dangerous classes. Society is thus culpable for dehumanizing the poor and for the crimes committed by the dregs of society. Les Misérables chronicles the corruption of police power, shows that society gives the convict no chance for redemption, and illustrates how France’s prison system not only continues, but also accelerates, the downward spiral of criminals. On the one hand, Valjean represents suppressed and destitute people whose place in life is determined by positive laws created by society’s elite in order to perpetuate their own superiority. On the other hand, Valjean illustrates that it is possible for men to rise above their circumstances.

Bishop Myriel is not a typical bishop or even a conventional Christian. He operates on his own innate sense of morality—it is not provided by Christianity. True morality is higher than, and separate from, any particular religion. Religions pass away but God remains. Myriel acts out of genuine sympathy and caring for the weak and the downtrodden. The Bishop has chosen a consistent belief system and life path and has dedicated his life to the active service of humanity by performing good deeds and engaging in heartfelt charity. Myriel believes that it is each man’s duty to perform good acts despite the fact that he may never know if the good acts he has performed for people will lead them to change their lives for the good. His religious humanism is far from orthodox Christianity.

When Myriel, the Bishop of Digne, forgives Jean Valjean for the theft of the silver, he offers him his initial opportunity for redemption. After this incident, Valjean has a choice to make. He could either continue on a path of crime or he could follow the example set by the Bishop. Having learned from his past, Valjean goes on to help the poor and the wretched. He adopts a new life, identity, and mentality. His new life includes honesty, love of neighbor, love of enemy, and love of God. Throughout his life, the Bishop is always with him as symbolized by the candlesticks. Myriel acts as a model and an inspiration for Valjean for the rest of his life. Throughout the novel, Valjean imitates more and more the Bishop’s asceticism, renunciation of worldly pleasures, and emphasis on sacrifice.

The moral duty to help the poor that Valjean accepts does not come from any social institutions. Rather, it flows from an expansive notion of God. Valjean illustrates that reason is inadequate in the resolution of moral problems. However, thought does direct Valjean toward the consideration of a dilemma, but at every decision point his emotions serve as the guide to right behavior. The hero performs good deeds intuitively as if he is acting in response to an inner voice. This Kantian perspective is that each person has an inner voice (perhaps his conscience), the source of moral laws, that tells him what his duties (i.e., moral obligations) are. The message seems to be that faith can transform one’s life. For Valjean, merely believing in God is not enough. He does not just contemplate the divine. Having learned from his experiences, he goes on to act to help people by his own initiative. For him, God, fulfillment, and salvation are attainable without the help of any organized religion.

Choice is difficult for Valjean who has a double nature—he has the experience of a convict and the instincts of a saint. He is a product of the social conditions that led him to steal a loaf of bread for his sister’s family and his prison time for punishment of that crime. Despite that, he still has the potential for good in him. Over and over he has to choose between doing what is right and doing what is safe and secure. At virtually every turn Valjean doubts and questions himself before making the morally correct choice. Les Misérables is very much a story of a man’s conscience at war with itself. After meeting the radiantly spiritual Bishop Myriel, Valjean’s life becomes a continuing struggle between his activated moral sense and his life-long criminal tendencies.

As Monsieur Madeleine, Jean Valjean redeems himself by becoming an innovative entrepreneur who creates a successful manufacturing business that brings about progress and prosperity for an entire region. This successful and kind person voluntarily does good deeds to help the less fortunate. Valjean’s actions exhibit justice to individual people rather than observance of the requirements of some abstract legal order. In addition to providing a reasonable standard of living for his employees, he builds schools and hospitals with his own money and distributes a large share of his wealth to the poor. Then, of course, he takes care of Fantine and rescues, raises, and protects Cosette. Ironically, the tolerant Valjean sympathizes with others but is unable to sympathize with himself. He understands that, although a person can repent of a crime, he can never escape the dishonor from committing it.

Inspector Javert cannot accept transgressions of the law regardless of circumstances. He represents the idea of punitive secular justice and is solely concerned with detection and retribution. Javert is absolutely committed to rules and to their administration. As a defender of France’s legal system, he is dedicated to following the letter of the law rather than the spirit of the law. The well-intentioned, rigid, and dogmatic Javert wants to protect society from the criminal element and has total faith in the system of laws that he represents. Javert, the personification of public authority, contends that theft is wrong regardless of mitigating factors. Myriel, representing morality, would say that theft should be forgiven in the case when one acted to keep people from starving. Of course, our hero, Valjean, is caught between these two worldviews. Toward the end of the novel, Javert comes to understand that Valjean is concerned with a moral law higher than positive state law. At the end he empathizes with Valjean and comprehends that divine law has supremacy. Javert commits suicide because this realization disaffirms everything in his life that he believed in. The story of Javert provides a lesson about the limitations of the law of men. At the end of his life, Javert understands that Jean Valjean’s resistance to Javert’s tyranny is rooted in a belief in a higher power and law than the laws of men.

Enjolras and his diverse band of revolutionaries have a dream of a better world and do all they can to make that world a reality. They love man, tend to reject organized religions (including Christianity), and attempt to overturn the existing social order. Enjolras, the leader of the ABC (the Abaissé or the abased) Society wants to elevate men. The ABC’s 1832 revolt demanded legislation that would make possible liberty, justice, equal education, equal opportunity, and so on. Enjolras is a devoted, purposeful, political idealist who inspires others with his utopian vision of future progress. The other revolutionaries turn to Enjolras for the meanings behind their actions.

The novel teaches that individual men are dignified, honorable, and benevolent, but that social institutions are not, the result being the corruption of individual human beings. Like Rousseau and Turgot, Hugo subscribes to the idea of the natural goodness of man. All three believed in progress and in the perfectibility of man. They viewed progress as a basic law of the universe. Created by God, man has the capacity to become a civilized moral person if he is not corrupted by society. It is the corrupting influence of society that is responsible for the misconduct of the individual. If individuals are properly educated then they would not want to do evil.

Hugo maintains that society must be changed, but also that it is individuals who must first be transformed. It is these transformed individuals who can then foster the advancement of society. Accepting the Platonic idea that the individual’s soul is noble but the body is degraded, the author of Les Misérables teaches that one must achieve spiritual grandeur and a virtuous character in order to battle for justice in the here and now. Some individuals have the ability to triumph over evil both in themselves and in society and its institutions if they are willing to actively respond to the divine. In Les Misérables the life of each character influences others. It follows that, if each individual comprehends and accepts his influences on other persons, then society may become more just, caring, and merciful. Hugo contends that the requisite love of humanity can only come from faith in the divine. Faith in God is thus placed at the heart of this work. For Hugo, belief in God by acting people of good will is necessary to instill the social order with kindness and to make society more humane. Like Pascal, Hugo urges his readers to bet in favor of the existence of God and perhaps even in the possibility of an afterlife for the soul. In Les Misérables there are only a few exceptional virtuous individuals such as Myriel, Jean Valjean, and Enjolras, who can attain this level of existence. It follows that rehabilitation and elevation of the social order is most likely impossible given the above requirement and reality.

The novel’s ethic of social service emphasizes the alleviation of poverty. It portrays poor people being helped by the charitable works of a private individual (Valjean) rather than by government. Depicting the abject poverty of the poor, Les Misérables questions the morality of a political and economic system that permits children to be orphaned and homeless, mothers dying in the streets, and good men imprisoned for minor transgressions committed to feed their families. Hugo’s goal was to elicit his readers’ compassion and to stimulate their moral sensibilities by portraying how poverty brutalizes and dehumanizes people and how strict and relentless law enforcement creates the savages that it wants to eliminate. He wanted to educate the bourgeois and to awaken their consciousness and concern for France’s social problems. Hugo wanted people to take action to ease the burden of the less fortunate through good deeds and through changes in the social system. Les Misérables is Hugo’s plea for social change that vacillates between human and institutional reality and his hope for, and vision of, a better world.

In Les Misérables Hugo depicts that society is nothing more than the collection of individuals whose lives affect one another. For example, it is clear that Jean Valjean is concerned only with the individuals who make up society. In the novel, the circumstances and conduct of various seemingly randomly introduced characters converge and become intertwined with the struggles of Valjean. From the beginning of the story, there is a web of influence that builds as characters affect one another. Early on we see G______, a representative of the assembly during the French Revolution that dissolved the monarchy, humbling Bishop Myriel who recognizes his moral devotion to humanity and progress prompting the Bishop to redouble his own tenderness and love for the weak and the suffering. The network of interconnections grows as characters such as Valjean, Fantine, Cosette, Javert, Fauchelevant, the Thénardiers, Marius, M. Gillenormand, Colonel Pontmery, Champathieu, Enjolras, and others appear. The author brings many of these characters together toward the climax of the novel.

Les Misérables illustrates that in every idea, and that for every person, perspective is partial and, therefore, insufficient by itself alone. Hugo shows that the complexity of life requires that no one philosophy, perspective, emotion, tradition, or behavior is capable of providing a total picture of what it means to be human. Like Kant, Hugo laments the fact that a person can only perceive and comprehend things through his own consciousness. According to Kant, man’s knowledge lacks validity because his consciousness possesses identity. For Kant, knowledge, to be valid, must not be processed in any way by consciousness. Hugo, like Kant, seems to be looking for knowledge that could be called absolute, unqualified, pure, or diaphanous. Kant maintains that identity, which itself is the essence of existence, invalidates consciousness. To know what is true, a man would have to abandon his own nature, which is an absurd impossibility. It follows that for both Hugo and Kant, reason must be forsaken and the emotions must be embraced, if one wants to deal with the fundamental concerns of existence. Hugo does seem to imply that knowledge can be enhanced by dialectically relating each perspective with opposing viewpoints. However, he realizes that, even with this dialectic interaction, one’s knowledge would still be limited. Even when many angles of perspective can be coordinated simultaneously, one’s understanding of a process, experience, or event is still limited.

Les Misérables is a fascinating maze of characters, emotions, ideas, paradoxes, and antitheses. The novel co-mingles ever-shifting and blurred shades of criminality, heroism, misery, resilience, good, evil, irony, pathos, poetry, free will, providence, action, the social, the spiritual, and much more. Hugo thus deals with the emotions, hopes, fears, passions, and doubts that are reflective of people’s common humanity. Les Misérables is a detailed reporting of men’s feelings and ideas that transcend time and place. It follows that this great novel is as relevant today as when it was published more than 150 years ago.

Dr. Edward W. Younkins is Professor of Accountancy at Wheeling Jesuit University. He is the author of Capitalism and Commerce: Conceptual Foundations of Free Enterprise [Lexington Books, 2002], Philosophers of Capitalism: Menger, Mises, Rand, and Beyond [Lexington Books, 2005] (See Mr. Stolyarov’s review of this book.), and Flourishing and Happiness in a Free Society: Toward a Synthesis of Aristotelianism, Austrian Economics, and Ayn Rand’s Objectivism [Rowman & Littlefield Pub Incorporated, 2011] (See Mr. Stolyarov’s review of this book.). Many of Dr. Younkins’s essays can be found online at his web page at www.quebecoislibre.org. You can contact Dr. Younkins at younkins@wju.edu.

“Occupy” Protesters Have Rights, Too – Article by G. Stolyarov II

“Occupy” Protesters Have Rights, Too – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
November 4, 2012
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I am generally skeptical of the “Occupy” movement and have expressed my ambivalence and criticisms here, here, and here in the past. However, for all of my disagreements and reservations, I will defend the rights of fellow human beings when they are infringed. And, without question, “Occupy” protesters have rights, too – rights that have been shamelessly violated in the brutal crackdowns on “Occupy” protests which occurred last year.

In response to my passing mention of the pepper-spraying incident at University of California Davis in November 2011 (for which the University has now offered to generously compensate the victims), Dr. Charles Steele wrote, “Mr. Stolyarov responds that he’s concerned about ‘Occupy’ protesters being pepper-sprayed at UC Davis.  I’m uncertain what this event has to do with the Romney v. Obama choice, but he and I have very different definitions of ‘peaceful.’  My definition of peaceful does not include forcibly blocking public thoroughfares and occupying public spaces so that others cannot exercise their legitimate rights to use them.  It’s shameful that taxpayer money is now going to these ‘victims.’

First, the facts of the situation do not bear out the allegation that anyone’s ability to use the UC Davis facilities was substantially impeded. The protesters blocked a sidewalk; that is all. Surely, anyone who wished to get from one facility to another could have walked around.

Second, the protesters were students who were paying customers of the university. Even though the right to use public property is a somewhat nebulous area (since it is funded through the payments of large numbers of people with competing preferences), it is clearly the case that a paying user of property – especially one who pays the immensely generous sums that often constitute tuition these days – should have a considerable degree of prerogative, as long as the property is not damaged and remains usable to others. This whole incident is a glaring demonstration of the power asymmetry between universities and their students. What other institution (especially a privately owned and funded institution) would treat its customers in this way? Would any private country club be able to get away with pepper-spraying its donors who happened to be sitting on the sidewalk approaching a golf course (without being in the way of the game)?

It is clear that the protest was not intended to obstruct the everyday goings-on at the university. Rather, like the many special events that regularly occur at every university, it was intended to attract attention to an issue important to students – in this case, the protesters’ grievances, justified or not. There is no evidence that the protesters befouled the grass and sidewalk they occupied, or that they prevented other students and faculty from passing through on unrelated business.

Third, even if the protesters violated a formal rule of the university (which is itself unclear), proportionality was not followed in the response. To physically damage a person for breaking a prohibition whose violation physically hurt no one is clearly not a proportionate punishment. Nor was the attempt to evict the protesters through any kind of force justified with respect to this kind of petty violation (if it was one). Even if it could justifiably be said that the protesters were clearly, unambiguously in the wrong in occupying the sidewalk, they should not have been interfered with forcibly during their occupation. An appropriate remedy would have been to inform them of the nature of their violation and to present them with a subsequent punishment that did not involve bodily harm. Preferably, the punishment should have been related to any alleged harms. Examples could include sidewalk-cleaning duty, or fines that reflect the estimated “economic cost” of the obstruction (if there indeed was one).

But, even more importantly, I fail to see how a clear criterion can be established to delineate which “occupations” of the sidewalk would constitute violations of other people’s rights. With regard to genuine public thoroughfares (e.g., roads and railroads), the delineation can be clearly made with regard to whether the flow of vehicle traffic is obstructed. But, on a mere sidewalk, how long would one need to dally in order to be considered a violator? Would sitting for a mere minute suffice? What about standing for a minute? What about standing for five seconds? What about walking really slowly so that others have to walk around? What about walking really slowly because one has a disability? What about walking at a moderate pace when the culture of the university encourages most people to be ultra-rushed and adopt a rapid pace at all times? What if a person occupies the sidewalk for a much longer time period, but no one else is around to use it? Ultimately, no such arbitrary delineation can be made – and if none can be made, then we must err on the side of permissiveness. The ability for people to peacefully express themselves is too precious for anything less to be done in the attempt to preserve it.

The Death Penalty: Its Limitations, Costs, and Proper Application

The Death Penalty: Its Limitations, Costs, and Proper Application

The New Renaissance Hat
G. Stolyarov II
March 24, 2012
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With regard to my recent advocacy of keeping the death-penalty option on the table when considering punishments for George Zimmerman, the killer of Trayvon Martin, I was asked to clarify my views on the death penalty, about which I had previously expressed ambivalence in my video “Life Extension, Crime, and Criminal Justice”.

I am indeed wary of most applications of the death penalty, where the commission of the act of killing by the individual being sentenced is in doubt. But I can see legitimate uses for it in cases where the identity of that individual is clear, and the crime was particularly egregious. (Serial killings, rape-murders, killings of children where the murderer is known would qualify, for instance, as would executions of brutal dictators whose human-rights abuses are extensively documented.)

There is a cost aspect to the death penalty, in that it actually costs a lot more to execute a person today than it would to maintain that person in prison for life. Thus, it should be reserved for only the most egregious crimes.

In George Zimmerman’s case, I think a clear message needs to be sent that vigilante killing of unarmed, peaceful individuals who have given no provocation is completely unacceptable and needs to be dealt with harshly. Setting that example could be worth the cost – but ultimately, this is for the court to decide. I do think this case warrants at least considering the option.