Athena: Her Impact Upon the Polis (2012)- Part II

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The religion and mythology of Greek antiquity were heavily an integral component of the lives of the ancient Greeks. The ancient Greeks as a civilization worshipped the same pantheon of deities; however, each individual city-state has a patron deity that was extensively venerated by the citizens of that polis. The manner in which the patron deity was portrayed and their role in mythology often influenced the culture of the polis. The most conscious example of this was in the ancient city-state of Athens, the citizens of which often derived rituals, values, and concepts from the mythological depictions of their patron goddess Athena. The patron goddess of Athens influenced the form of Athenian government, perspective on education, rituals of celebration, and the local function of their institutions of worship.

In the city-state of Athens much like other city-states, religion and mythology were closely intertwined. Athena was a prevalent figure throughout Greek mythology (Mikalson, 68). Athena was often depicted as the following: a cultural hero, a figure of protection, a virgin deity, and a rival of Ares, the Greek god of war. Athena is known as a cultural hero for her role in establishing the crucial institutions of Greek life (Hoffman, 277). She was responsible for life-sustaining institutions such as arts and crafts, wisdom, the structure and order of law, shipbuilding, domestic chores such as cooking, mathematics, etc. (Burkert, 140-141; Graves, 96).

Athena often acted as a protective figure that tended to guide a hero or the Greek people away from harm.  Examples of such accounts are ample, for instance, her aid to Hercules in the myth of Twelfth Labor: The Capture of Cerberus, his task of capturing the dog, Cerberus, from Tartarus, offering him guidance and moral support (Graves, 514-517). Athena was portrayed as being a deity that never engaged in any sort of amorous activity and zealously guarded her prudish nature. The account of Teiresias being blinded by Athena while watching her bathe clearly illustrated this attribute (Graves, 327). Athena has also been depicted as a rival of the god of war, Ares.  Ares tended to be viewed as the boorish representation of offensive warfare, while Athena was the representation of strategic and defensive aspects of war (Burkert, 141, 169).

It is important to realize the cultural context in which Athena was venerated in ancient Athens, the same polis which first developed the institution of Democracy. This development was rooted in the Solonian reform (594 BCE) and came to fruition during the era of Cleisthenesian leadership (508 BCE). Under Cleisthenes is where pure democracy was developed. A form of democracy in which average citizens had an actual say in making policy and were selected to the Assembly or boule, by lot for an annual term. Individual citizens who disagreed with policy had the ability to issue a “writ of unconstitutionality” to formally express any grievances (Starr, 46-47, 50-53). Both developments created a sense of socio-economical equity with regard to the political rights of the polis.

It appears as if this cultural development is rooted in the founding mythology of the city-state. The city-state of Athens has a strong sense of national identity coupled with a sense of equality among the citizens of equal status (Athenian-born male landowners). It is speculated that this value of equality among Athenian men is what engendered the establishment of the first democracy. This sense of equality among Athenian men stems from a myth in which they are identified as having a common lineage with an early Athenian king, Erectheus, who was cared for by Athena (Mikalson, 58-59; Starr, 50-52).  The myth depicting the birth of the first Athenian king begins with an account of Hephaestus attempting to sexually force himself upon Athena. She halts this attempt, but Hephaestus does end up ejaculating on her thigh.  She wipes off the discharge and lets the semen fall on the ground, thereby creating Erectheus. Fulfilling her role as a protective figure, Athena watches over him until he ascends to the throne of Attica and institutes the worship of his protective surrogate mother (Gantz, 77; Graves 96-97). This myth rationalizes direct democracy through the concept of the divine right of kings, a premise based on the idea that authority and order are derived from divine will (Leonard & McClure, 192-193). Due to Athenians being decedents of the chosen king, they are all of equal status and all participated in running the government. This clearly illustrates how humans tend to utilize myths to justify governmental authority.

True to the depictions of Athena, the Athenians held wisdom and education in high esteem. Formal education was available in the polis; however, contrary to Athens’s lack of social stratification in politics, it seems as if it was a privilege of the wealthy. Formal Athenian education was diverse and included: poetry, music, rhetoric, physical training, grammar, didactic, writing, and logic.  All of this suggests a very holistic approach to the education of young affluent males. Formal higher education was available in the form of academies founded by philosophical thinkers such as Isocrates and Plato, which was a development that transpired around the 4th century in Athens. However, male children of lesser affluence were often taught to read at home due to the skill playing a vital role in citizenship (Starr, 44, 61-63; Webster, 59-63, 67).  Athenian males of voting status pursued knowledge in order to be competent participants in the political process, illustrating the value of knowledge (Beye, 113). It is quite evident that the form of democracy practiced in ancient Athens did have an influence on the Athenian values of education and knowledge because of the high degree of civic involvement. However, the city-state’s patron goddess’s influence cannot be ignored when examining this cultural value. Athena has been depicted in Greek mythology as being the divine manifestation of wisdom (Hamilton, 29).  This is shown in the myth of The Wooden Horse, in which Athena suggests using a wooden horse as an effective means of covertly sneaking troops into Troy, which proves to be a worthwhile strategy (Graves, 692, 696). Just as their patron deity inspired the proper application of knowledge, Athenians in the classical era used wisdom to stay informed, so they could govern themselves, instead of succumbing to the consequences of detrimental policies. The value of education is more directly influenced by mythology since Athena created many of the academic disciplines that existed.  She is known to be the deity that taught Prometheus math, astronomy, medicine, architecture, and other fields of study (Graves, 39).

Athena: Her Impact Upon the Polis (2012)- Part I

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This upcoming series will feature segments of a paper I wrote while attending Bridgewater State University. My paper Athena: Her Impact Upon the Polis (2012) was composed for professor Dr. Michael Zimmerman’s course Anthropology 111-F01. Most of the papers I wrote in college might have been “well written”, but this is the only work I chose to hang on to for the past ten years. For me, accumulating sources and drafting this paper became something more than a mere school assignment; at the risk of sounding hyperbolic, I was fighting for my soul. I attended this course my senior year to fulfill a university-mandated “writing intensive” requirement. However, this endeavor was far from mundane. After spending hours engaging with material that pushed me to question the interaction of religion, mythology, culture, and social institutions, but circuitously led me to look a little deeper inward to learn more about myself. Any dynamic thinker cannot help but examine their own beliefs and values when undergoing such a transcendent analysis. After all, culture is never neutral. The stories of our culture permeate into our subconscious without us even being fully cognizant of this occurrence. These commonly shared tales manifest themselves in everything from moral arguments to colloquial speech and are even referenced in popular entertainment.

This was a defining moment in my life; I was about to graduate and faced a hostile job market. This lingering confrontation with the uncertainty of my future career and life was extremely anxiety-inducing. Ancient myths convey lessons and observations that are still applicable in modern society. For example in the Epic of Gilgamesh, Gilgamesh’s struggles with life, legacy, and acceptance of death was not parochial concern isolated to the ancient Mesopotamians; but are concerns that are prevalent in modern societies today. Once an individual has this revelation, it is difficult to deny the logic behind Carl Jung’s theory of Collective Consciousness. I was a fan of Carl Jung and Joseph Campbell’s work shortly before Jordan B. Peterson reignited interest in their intellectual contributions.

A decade has passed since I was at the crossroads of being a student and entering the workforce; I have done much self-reflection within these ten years. In retrospect, majoring in psychology was a horrible error in judgment on my part. I have also realized that the mythic hue of the proverbial “dream job”; is nothing more than a rose-tinted mirage. However, the specter of uncertainty still is omnipresent in my life; it will be a lifelong process to acquire the adequate skills to navigate these uncharted waters. Whether this context is impertinent or adds another level of depth to my analysis remains to be seen. I request all my readers to join me on this multipart series journey. I hope you all find this series to be illuminating and insightful. 

Peter Clark, Arizona

April 2022

Adam Smith’s Fallacy of Productive Labor

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This concept has been submitted to the Journal of Brief Ideas.

https://beta.briefideas.org/ideas/f19f83884619d0642e5713c18c96fe88

Adam Smith’s Fallacy of Productive Labor

Adam Smith was the brilliant moral philosopher who dispelled us of the persistent myths of mercantilism. However, as prescient as Smith was, he was far from being above reproach. One example was his inability to solve the Diamond-Water Paradox. Smith being unable to explain the Diamond-Water Paradox was not his only shortcoming. In his economic treatise, The Wealth of Nations (Book II, Chapter III) (1776), Smith surmises that any work that does not result in producing tangible goods is unproductive labor.

Smith writes: “…The labor of some of the most respectable orders in society…unproductive of any value.. does not realize itself in any…vendible commodity..”(p.423). Smith was even bold enough to add lawyers and physicians to the list of unproductive contributors in the workforce. This mistake is a corollary of the labor theory of value, the same principle that hindered his ability to address the value paradox. The value of a product or service is not determined by the amount of labor required to produce it but by whether consumers value it. If consumers values an intangible service and firms can provide such services and yield profits, then whether the enterprise creates tangible goods is immaterial.

Focal Points- Part IV: Truth, The Ultimate Focal Point!

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In-game theory, the concept of a focal point is a conceptual locus of convergence in the absence of pre-arranged communication. Generally, these mutually agreed-upon center points are culturally contingent. Although, there is one focal point that transcends culture and is arguably the ultimate point of unspoken convergence; that is truth. Some social commentators claim that truth is relative, quickly dispelling the argument that truth is a universal focal point. The facts are the facts. When something is axiomatically true, it is self-evident. To claim that truth is subjective is a puzzling assertion. We cannot simply deny the laws of mathematics, then suddenly, the rules governing the order of operations become invalid. The assumption of truth being subjective confuse methodology with results. Pluralism is valid so long as it reflects the truth. For example, there are multiple ways to solve an equation, but only one correct answer.

When people formulate rules, they must do so in a manner congruent with the immutable laws of the social and natural sciences. Otherwise, we will fall victim to the natural consequences of violating these eternal laws. Truth is such a magnetic focal point that it is inescapable. Sure, it is possible to contrive a convincing delusion, but while delusions may dissolve, the truth remains fixed. Regardless of whether we are truth-orientated immutable facts pull us in like the force of gravity bringing us back down to Earth. We can fight gravity; however, even when interpersonal communication is absent, any semi-rational person already knows that such resistance is inevitably futile.

Suicide as a Natural Right -Part IV (a): Social Capital

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Following Dr. Block’s supposition that a person can commodify themselves and effectively sell or alienate themselves (p.6), we must address the issue of capital destruction. The economic costs go beyond losses in productivity but also have more subtle ramifications throughout the economy. The act of suicide destroys a person’s body; however, the intangible assets lost are arguably the most detrimental. Most notably, in the form of squandered human capital and social capital. While these forms of social capital are refutably mere constructs, they still seem to possess a priceless qualitative value. In the absence of the knowledge, credentials, and necessary social networks financial success is not possible. 

Commodifying these abstract concepts applies them to John Locke’s postulations regarding wasting resources (p.12). But if the value of commodities is subjective, we have to evaluate Locke’s assumptions regarding frivolous resource consumption. Furthermore, if we accept this notion of wasteful consumption, we must apply it to other areas of resource allocation. For example, investing too in production can be considered a wasteful form of resource allocation. Under Locke’s theory, if extrapolated, we should bar entrepreneurs from making overinvestments in their firms. Not only would such a law be unenforceable, but it also suffers from the Hayekian Pretense of Knowledge. Neither the businessman nor the lawmaker has access to perfect information. How would the lawmaker even know if a business owner engaged in malinvestment until the downstream effects have come to full fruition, paralleling the flaws of proactive legal sanctions? Entrepreneurial decision-making is enveloped in uncertainty. To quote the great Frank H.Knight:

It will appear that a measurable uncertainty, or “risk” proper, as we shall use the term, is so far different from an unmeasurable one that it is not in effect an uncertainty at all. We shall accordingly restrict the term “uncertainty” to cases of the non-quantitative type. It is this “true” uncertainty, and not risk, as has been argued, which forms the basis of a valid theory of profit and accounts for the divergence between actual and theoretical competition. (p.84)

To preemptively declare a form of capital use or manipulation as “…wasteful..” is fallacious. At best, we can attempt to use market signals as a guide for appropriately deploying capital. Whether an investment was prudent or foolish will only be known once the downstream consequences are evident. In this respect suicide is just a form of managing the “… social..” capital structure through the informal destruction (p.21) of such social assets. Allowing people to dispose of capital at their own free will allows for the unfettered restructuring [1] of productive activities utilizing human and social capital. Allowing the substitution or destruction of “..social..” inputs. 

Foot Notes:

  1. A reference to the Austrian Theory of Capital

Suicide as a Natural Right- Part III: The Externalities Argument

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Part I:

Part II:

Most legally mandated suicide prevention measures fixate on its impact on society. An individual assuming an externalities defense of the involuntary hospitalization of those with suicidal tendencies falls prey to a fallacy that all prohibitions of vices are subject to operating as a preemptive measure. Prompting the question, what is the committed offense outside of the state statutory code? What most Libertarians would refer to as victimless crimes. Enforcement of victimless crimes does not remedy the loss of property or harm to any non-consenting third parties. Rather, such laws have the unfortunate propensity of conflating potential consequences with actual damage done. Most arguments for maintaining the federal ban on illicit drugs emphasize prospective ramifications versus actual outcomes. Even drunk driving laws fail to meet the criteria for a violation of our private property rights. Operating a motor vehicle while intoxicated only increases the odds of bodily harm and destruction of property, but it does not guarantee this consequence. 

US civil law no longer recognizes personal suicide attempts as a criminal offense. However, the criminality of physician-assisted suicide varies radically by state. Suicide is no longer a crime. Suicide prevention laws are completely constructionist inventions. More importantly, it also fails to fulfill the criterion for violating another person’s natural rights. Arizona has an involuntary commitment law codified under Title 36 of Arizona Revised Statutes. If there is no crime committed, can detention be perceived as lawful?

Such fits the definition legally sanctioned form of kidnapping. The basis of the logic of the Fourth and Fourteenth Amendments provides fodder. If it were not for Title 36, it would be considered unlawful confinement. The only rational inference is that these mandates are the illegitimate byproduct of legal positivism. The standpoint drove by a “moral” concern for potential externalities. Codifying morality is never a justifiable reason for exercising the authority of governing institutions!

Bodily Integrity Arguments and Misapplications

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People have the unfortunate tendency of favoring reasoning that is favorable to their preferences. Once an individual encounters the same logic applied to a position they disagree with, the application is assumed to be invalid. The abortion debate is no different in this respect. Pro-Choice advocates basing their stance on the logic of bodily integrity must be willing to extrapolate this same principle to other situations. Anything else would merely be convenient cherry-picking.

For example, advocating for choice regarding bodily integrity also applies to several other controversial topics. Such subject areas include drug use, the right to commit suicide, and objections to vaccine mandates, to name a few. Despite any Pro-Choice advocate’s misgivings about permitting the listed rights above to be consistent, they must begrudgingly accept that these are rights that cannot be prohibited by law. Any counterargument or suggestion to criminalize the above positions is a deviation from the logic of bodily integrity. Permitting an activity does not mean you believe it is moral. Moreover, this argument is predicated on an externalities argument; in a rash attempt to weigh the societal costs.

However, many Pro-Choice proponents may then surmise that individuals defending the decision to use drugs, commit suicide, and decline immunizations must accept abortion as a permissible procedure. Reverse application is not quite so linear and has several complications. Indeed, abortion presents a predicament for exponents of a Lockean conception of self-ownership. In one sense, abortion violates the Lockean notion of self-ownership. As Locke asserts that we cannot “… nobody can transfer to another more power than he has in himself, and nobody has an absolute arbitrary power over himself, or over any other… or take away the life or property of another..”(p.43)[1].

If we define the fetus as a living being, there is a conflict between the mother and the unborn child. Drug abuse, refusing immunization, and suicide confines direct bodily harm to the individual making the decision, thereby comporting with the tenants of the Non-Aggression Principle. Although, even in a legal sense, living children do not have rights[2] as they are under the guardianship of their parents. Also, if we truly own ourselves, can’t we choose which procedures we can have performed on our bodies? There is no easy solution to this complex and taxing quandary. 

Foot Notes:

1.) I omitted the portion of the quote regarding self-destruction. This portion of the doctrine is wholly illegitimate. If we own bodies, we have a right to dispose of ourselves; if God exists, he transferred our spirit to our corporal bodies. Through this transfer, God relinquishes ownership of our essence extending to us full possession of our bodies. Meaning we can maintain our physical bodies how we see fit, including but not limited to drug use and suicide.

2.) See Rothbard pages 97-113.

The Paradox of Implicit Logrolling

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The Paradox of Implicit Logrolling

The process of implicit logrolling (p.101) is a form of indirect vote-trading that heavily relies on the bundling of wedge issues. By way of tying specific groupings of policies and candidates to attract target demographics of voters. Per Buchanan and Tullock (1962), such arrangements encompassing political platforms can be manipulated by “…political entrepreneurs…”. Simultaneously considering the zealous nature of many single-issue voters, it is easy to see why implicit logrolling is such an effective mechanism in shaping the American political landscape. If the American voters continue to support controversial political positions, implicit logrolling will be effective.

Most analysts ignore how voters reconcile selecting programs and political candidates that hold logically inconsistent views. For example, an individual that defends abortion rights on the grounds of a bodily integrity argument concurrently favoring vaccine mandates. Whatever happened to “my body, my choice”? Although, if this individual held both positions on the grounds of an externalities argument, perhaps there might not be any logical discrepancies. However, few voters delve that deep into the logic of their political philosophies. Here lies the Paradox of Implicit Logrolling; political platforms drive voters to support policies they would not otherwise choose. We have most saliently observed this phenomenon in the demographic shifts within the Republican Party. The GOP was once favoring free trade, now advocates for tariffs.

Suicide as a Natural Right- Part II

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Part I

The Lockean conception of shelf-ownership does not work if we cannot alienate self-hood. In the context of involuntary slavery, our absolute right (p.10) to self-possession is relinquished through coercive force [1]. The notion of natural rights almost always implies that the individual owns. For instance, the right of free speech codified under the First Amendment of the Constitution implies self-ownership. Individuals embroiled in political debate must utilize the very bodies they own and utilize scarce resources (p.2)to engage in the passionate exchange[2]. There is one glaring flaw that most ethical theorists get dead wrong about natural rights. Our negative rights that are part-and-parcel with our personhood may be self-evident, but they are certainly not inalienable. The American Declaration of Independence echoes this sentiment and forever cements it in the public consciousness: 

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.

The claim that these rights are unalienable does not connote ownership of these rights in any meaningful sense. By the inseparable nature of self-ownership and natural rights, we do not truly have unfettered possession of ourselves. The ability to alienate something is that can only be the consequence of ownership. True ownership implies that an individual can transfer, maintain, sell, deface, lease, destroy, etc. the article in question as they see fit. One of the strongest arguments for this radical interpretation of ownership comes from economist and Libertarian theorist Walter Block. Dr. Block writing “..No law should be enacted prohibiting or even limiting in any way people’s rights to alienate those things they own. This is “full monte” alienability, or commodification…” (p. 6) [3]. Block surmises that an unlimited condition of ownership naturally extends to the person, meaning that if an individual chooses to sell themselves into slavery this is legitimate. Unlike the trans-Atlantic slave trade, the individual being sold is consenting to the arrangement [4].

However, most, and moral theorists would suggest that natural rights, especially selfhood cannot be alienated or dispensed with. As our mind and body are typically inseparable; neither can be reallocated nor disposed of. This supposition suffers from an unfortunate fallacy because a person can voluntarily absolve their will and sentience. In the most extreme case, a person could give themselves a lobotomy effectively alienating their will and severing their mind from their corporal body (p.8) [5]. 

There are less extreme examples of people abstractly selling off natural rights in exchange for material gain. One only needs to look to employment contracts to see a ubiquitous example of this selective selling of rights. It is common for employers to include social media policies as a condition of employment. Effectively acting as a voluntarily acknowledged limit on free expression; a right codified under the First Amendment. Regardless of whether this restriction is a temporary sale of this right or permanent alienation it is a legitimate exchange. From the standpoint of Rothbardian contract law, this arrangement fulfills the criteria for an enforceable contract. Under this theory of contract law, the property must be exchanged for the contract to be binding, any other agreement is a mere promise (p.133-135). At the core of an employment contract or conditions of employment, the property is being exchanged. The employer is transferring compensation (monetary and additional benefits) to the employee. This exchange is contingent upon the employee following the company’s internal policies. Indirectly operating as a form of selling or “renting” natural rights in exchange for employment.

Selling property is merely one means of alienating property. Other more drastic measures can achieve this same outcome. The concept that an individual can condemn their property, mirroring the same privilege current held by various tiers of the U.S. government. The only difference is that when the state does it, they do so without the consent of the owner. Even when eminent domain is practiced within the parameters of the takings clause, however, the property owner generally does not have the right to refuse to surrender their property. Regardless of whether they are justly compensated for the relinquishment of their business, land, or home this arrangement is still inherently coercive. In stark contrast, if a property owner dedicates to transfer or otherwise condemn the land they own, this is legitimate. Effectively, suicide is an example of a person opting to condemn themselves. A person choosing to forever dispose of themselves permanently disables their ability to contribute to society; mimicking how governing institutions can decree that land or a build is no longer fit for occupation or commercial use. The state typically initiates such a directive in the context of habitation or use of the property would pose a “safety hazard”. However, a person contemplating “condemning” themselves does not need to fabricate such vague excuses. If they truly own their own body and mind, they do not have to provide any justification for performing such action. Unlike eminent domain, the individual can consent to the decision they have made. 

Most people might argue that allowing others to commit suicide with no mandated intervention would squander human lives [6]. Further supporting this statement by repeating tired platitudes about how it is a permanent solution to a temporary problem. No doubt, suicide does come with a wide array of societal costs. The individual can never be replaced nor can their human capital because no two people have the same experiences. If we set aside the externalities of the act, there’s a deeper conflict at play. There’s a long tradition of property owners having the right to destroy what they own. The right to destroy one’s property has its roots in the doctrines of Roman and English Common law (p.8). Moreover, there is a long-standing tradition that arguably supersedes the concerns of modern environmentalists or other public interest initiatives. The concern for wasting resources was even voiced by John Locke back in the seventeenth century:

The same law of nature, which does by this means give us property, does also bound that property. God has given us all things richly, 1 Tim. vi. 12. is the voice of reason confirmed by inspiration. But how far has he given it to us? To enjoy. As much as anyone can make use of to any advantage of life before it spoils, so much he may by his Tabour fix a property in whatever is beyond this, is more than his share, and belongs to others. Nothing was made by God for man to spoil or destroy. (p.12).

While Locke provides us with prudent advice regarding resource management, it is nevertheless, a suggestion. A just legal system would defend the property owners’ right to dispose of their property how they choose, even if it is considered wasteful. A legal system that has penalties or restrictions impeding the right to destroy one’s property, provides a perverted form of justice. Much like anything else a person owns, they should be able to “destroy” themselves. In a sense, we legally permit other more protracted forms of incremental suicide. For instance, currently, no laws are prohibiting the sale or consumption of sugar-saturated and chemical ladened soft drinks. Although cigarettes are highly taxed and regulated, we still live in a society where smoking is still legally tolerated. Both soda and cigarettes slowly kill the person ingesting either product; despite this fact, these products should remain legal. Following this same logic, if the person should be able to choose what they put into their body, they can choose to also ultimately dispose of their body.

Footnotes

[1]. The account of Slavery in Locke’s Second Treatise of Government (1690).

[2]. An allusion to  Hans-Hermann Hoppe’s theory of Argumentation Ethics.

[3]. In reference to Block’s postulations related to the possibility of voluntary Slavery.

[4]. How slavery was practiced in the United States was a reprehensible institution. The trans-Atlantic slave trade was incompatible with a property rights justification for self-ownership. 

[5]. An example Walter Block borrowed from legal theorist Stephan Kinsella.

[6]. The idea of wasting human life can be applied in an economic sense. The decreasing fertility rates in the Western world present challenges to the labor force and the tax pool. Especially, after all the Baby-boomers die.

Suicide as a Natural Right- Part I

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The act of suicide is a serious matter that has a litany of inseparable moral, physiological, psychological, and societal considerations. Unanimously, the institutional consensus is that intervention is imperative in addressing the issue of suicide. Although little consideration is given to whether intervening in every alleged suicide attempt is ethical. In most cases, intervention entails involuntary commitment orders placed upon “suicidal” individuals. There is often a wide degree of digression allotted to mental health professionals in determining who is a danger to themselves. The nuances within these laws vary state by state. It should be noted the majority of states have involuntary commitment laws. As noted in a recent Supreme Court decision has indicated that the reasonableness for involuntary commitment under due process has already been established. Citing Addington v. Texas   , O’Connor v. Donaldson, and Foucha v. Louisiana. Do the despondent nature and impending bodily harm of a suicidal person warrant them being held against their will? Despite any ethical counterarguments, the law of the land indicates that such measures are justified.

All because a specific policy is codified in statutory law or is validated in case laws does not make it moral. Our law ought to reflect a sense of justice, however, this normative ideal is seldom achieved. Often many laws appear to be a capricious byproduct of overextended digression. If the Lockean proviso people do own themselves, at the very least involuntary commitment laws present a conflict between the legal statute and our natural right of self-ownership. From a Libertarian perspective, this is a right that should not be infringed upon. The Scottish Enlightenment philosopher David Hume wrote:

A man who retires from life does not harm society: he only ceases to do good, which, if it is an injury, is of the lowest kind. All our obligations to do good to society seem to imply something reciprocal. I receive the benefits of society, and therefore ought to promote its interests; but when I withdraw myself altogether from society, can I be bound any longer? But allowing that our obligations to do good were perpetual, they have certainly some bounds. I am not obliged to do a small well to society at the expense of great harm to myself. Why then should I prolong a miserable existence because of some frivolous advantage which the public may perhaps receive from me?

This short excerpt from the large corpus of Hume’s work encapsulates the issue with mandatory commitment laws; suicide presents little harm to society. In contrast, hold a man against his will for committing no crime would be quite damaging. It also should be noted that “suicide” across the board is not universally condemned, but is permissible based upon a qualifying context. For instance, some argue that elderly people suffering from chronic illness(es) have the right to end their own lives. Predicted upon the basis that they no longer owe anything else to society and are no longer a stakeholder. If membership to a community is voluntary, then withdrawal through either suicide or self-isolation should also be voluntary, making anything else coercion. The preference towards the norms of suicide towards the elderly and sick are also reflected in our laws.  As of 2019, eight states allow for physician-assisted suicide this privilege is only permitted for those suffering from a terminal illness. There are two interrelated flaws with the logic behind only allowing the terminally ill to have legal permission to end their own lives. The first concern is that this undermines the severity of mental illness. Through sanctioning such procedures to those suffering from physical illness, a double standard has been created. For years we have heard that mental illness is also an illness, however, mental health professions do not even vindicate their own words. These individuals are actively allowing for physical illness to hold a privileged legal status over mental illness. The second fallacy is that one of the prevalent arguments for intervention in suicide attempts is that the person’s thinking is impaired by psychological distress or intoxication. To allow the chronically ill to do the same is hypocritical under this very same line of logic. Those who are terminally are generally on psychoactive pain killers or are in intense pain. Couldn’t their capacity for reasoning be questionable at best under such debilitating conditions? If mental illness is an illness couldn’t it be terminal in its own right? These are two discrepancies that few pundits in civil society would have the courage to address honesty.

If we own ourselves, we have the implicit right to kill ourselves without any interference. That does not necessarily provide a moral justification for a suicide attempt but is moral condemnation obstruct this right. Analogous to how soliciting a prostitute may not necessarily be moral, but to utilize legal institutions to disrupt this exchange is unquestionably immoral. If under Arizona statute ARS 13-1304 sustains that holding a person against their will is illegal, then the same can be said about involuntary commitment. The difference is due to a pedantic technicality than a justifiable ethical argument. 

Terri Schiavo- From the Perspective of Lockean Property Rights

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Here is a hypothetical situation that presents us with a challenging conundrum that would drive most legal scholars and moral philosophers mad. There is as a person in a vegetive state who is hooked up to a variety of life-sustaining medical equipment (feeding-tube, ventilator etc.). Let’s say that the individual is married, and their spouse has been their legal guardian since they have become clinically brain dead. Does the parents of the incapacitated person have a say over the end-of-life decision making for their child? Should this heavy burden be left to the spouse and rightful guardian? It should be noted that the moral analysis must be separated from the determination of legality. All because something is legal does not necessarily make it moral. For instance, abortion in the United States is sanctioned around quasi-arbitrary timeframes with little consideration for situational context or biological development of the fetus. The decree of legislative fiat does not automatically make a policy moral. There are many legal protections within American statutory law that prevent individuals from facing criminal penalty or ligation. If crimes against persons and property cannot be subjected to restorative justice then there is no point in calling a legal system just.  In other words, we will be reviewing this situation from a philosophical standpoint, specifically from the perspective of individual property rights.

The above scenario is not quite so hypothetical but is a concise description of the Terri Schiavo case. However, one striking difference between the scenario presented above and the Schiavo case is that :

Terri Schiavo breathes on her own. She is not on a ventilator or respirator. Although she swallows, she is sustained through a gastric feeding tube. She is not in distress or imminent danger of death.(P.5).

Despite Schiavo’s lack of cognitive functionality for the most part she was able to “live” in the most basic sense of the term.  It should also be note that prior to her cognitive impairment she made no will directing her “wishes” for medical treatment. Also including end-of-life decisions. Therefore, leaving the variable of individual consent obscured by Schiavo’s incapacitated state. There was a rift between Schiavo’s husband/ guardian wanted to remove her feeding tube while her parents staunchly disagreed with this decision. Ultimately, the courts sided with the husband and Terri ended up dying after having her feeding tube removed. This may have been the legally permitted course of events, but was it moral from the paradigm of individual property rights?

The economist and Libertarian Philosopher Walter Block provides a remedy to this quandary squarely from the standpoint of Lockean property rights. A grown adult who has lost their cognitive faculties is analogous to a child and exist in purgatorial grey area when it comes to the prospect of Lockean ownership (p.5).Block takes the Rothbardian approach to addressing a parents required commitment to child rearing, which in fact allows parents to relinquish this right (p. 6). Much like how Lockean homesteading does not preclude an economic agent from taking ownership of an abandoned patch of land, this analogy can be applied to raising children. If an adult within the community is willing to devout the resources to raising a child discarded in dumpster, this should count as a transfer of guardianship (p.7). Based upon the premise of Lockean homesteading the Supreme Court of Florida was morally wrong in assigning the right to end Terri Schiavo’s life to her husband. Through wanting to end her life with no prior record or request of her wanting such measures taken, he effectively relinquished his guardianship. Clearly he did not do so in the modern legal sense, but he did so within the context of Lockean property rights. If her parents were willing to assume guardianship of their daughter then the court’s decision is nothing more than perverse.

And if they are, then whoever is at first control of her must maintain her; if he refuses, her guardianship reverts to the second closest party, her parents. If they will not homestead her, then perhaps her siblings. If not them, then anyone who wishes to take up this burden. Based on the number of protests at the callous way she is being treated ( Block, 2011, p.7)

The Syllogisms of Social Darwinism

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  • If Darwinism can be applied to gene selection, then the logic of “Darwinism” can be extrapolated to other fields of intellectual inquiry.
  • If Darwinism can be applied to biology, then it can be applied to social sciences such as sociology and economics.
  • If  Darwinism applies to the genetics of humans, then it can also be applied to socialization and social institutions.
  • If Darwinism is axiomatically true, then its applicability can be proliferated through the sound application of a priori reasoning.
  • If  Darwinism is true and cannot be applied to certain situations, then this is a condition of moral caveats more so than a judgment of truth.
  • If correct logic is only applied selectively, then the circumstances under which the concept is omitted would be an incorrect application.
  • If Darwinism is omitted in the analysis of the social sciences, then then this is a  selective application of the concept.
  • If a concept is being selectively applied, the reasoning behind this restriction in extrapolation is generally normative rather than positive.  

Against Self-Discover: The Irrationality of Finding Your True Self

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Frequently we hear about people undergoing the process of “finding themselves”. This concept is kind of preposterous once we truly contemplate it. This is not to say that it is impossible for an individual to not know “thy self”. Denying our true essence through methodically crafted facades acts as a social survival mechanism. Effectively shielding us from censure and other forms of social opprobrium. Self-deception being as common and conformity highly valued it would be foolish to question the desire for self-discovery. How much of our sense of self is truly a byproduct of internal processes and is absent of external influence? That is a question that remains to be satisfactorily answered.

It is more reasonable to question if the process of self-discovery is even worthwhile. It does seem to be somewhat of a hapless endeavor. Why? Simply because we are not stagnating. Our thoughts, opinions, and values are always being tested. Almost as if we are nothing more than the organic personification of Bayesian probability. Sure, we may have some attributes, normative preferences, enduring opinions. Do these semi-fixed characteristics truly signify resistance to the dynamism of existence?  No. When people do not adapt to new information, they merely find new ways of justifying their old beliefs. Holding the same premise, but adapting their reasoning. Someone may be a lifelong gun-rights activist, but their rationale for maintaining their principles may have evolved.

Self-exploration fails to capture the true quiddity of ourselves because we are ever-changing. Attend all of the vision quest retreats and peyote ceremonies you like, these experiences may very well lead you down a dead-end. Your perception of these experiences will likely change over time. Your opinions of the experience may even change while you are engrossed in such enveloping sensory journeys. The very malleable nature of man, especially from a psychological perspective, it is difficult to find a fixed sense of self. Layered upon the various cultural and normative identities we ascribe to ourselves, it possible that we perceive ourselves differently at various times and in divergent contexts.

Eg.) A man can be an American, veteran, Grandfather, Father, son, friend, baker, neighbor all at various times to various people.

All of these various categorical titles that can be ascribed to an individual may mean different things to them at different times.  Placing a get weight on the temporal and contextual influences driving our sense of selfhood.  To a certain extent, we may not even be the same person we are today that we will be tomorrow. The alterations may not be drastic, but although subtle substantial enough to cause minor qualitative changes in personality, cognition,  thought processes, normative values, etc. Colloquially we often hear young people talking about the need to “find themselves”. This analogous to Sisyphus perpetually rolling a boulder up a hill.  Due to our dynamic nature which is highly adaptive from an evolutionary perspective, progress is illusory.  This perceptual stalemate is only compounded by the fact that we often perceive ourselves incorrectly. Typically,  in an exaggeratedly positive light. Validating Adam Smith’s observations in The Theory of Moral Sentiments (1759). People do not want to believe view themselves in a negative light. Making self-depiction a form of self-pacification. The futility of attempting to pinpoint our selfhood cannot be understated. Unfortunately, our sense of self is subject to the illusions and psychological coping mechanisms that afflict human perception.

Abortion: An Oversimplified Issue

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 The abortion debate is arguably one of the most oversimplified contentious issues in all of public policy. The intricacies of navigating the legal statutes and case precedence that shapes the regulations governing the practice are oftentimes are glossed over in public discourse. This rash reductionist approach has shifted a complex topic into a simple categorical dichotomy. Easily making it a fervent “wedge issue” that has formulated many pithy platitudes and “bump-sticker slogans”.  These slogans which are so pleasing to the ear could have effortless you contrived by a marketing team. All operate more like a carefully constructed marketing campaign than a multi-disciplinary analysis. This not only makes the abortion debate stale and uninspiring but highly predictable because both sides of the fence utilize an “all-or-nothing” strategy of argumentation.  This is highly imprecise for a subject that is steeped in nuisance and minuscule details.  Below is the list of disciplines that intersect in the abortion debate:

  • Medicine
  • Science
  • Philosophy/Logic/ Ethics
  • Political Science
  • Law
  • Theology
  • Sociology
  • History
  • Economics

If a pertinent area of study was neglected, I sincerely apologize. However, while not completely exhaustive, this list conveys exactly how complex the issue is. The intersection of all these vast areas of study converges on a single point,  the refutation or the defense of  Roe V. Wade (1972). This one case has become the quintessential Schellingian focal point in the abortion debate. Potentially providing some insight into why the debate is so one-dimensional.