3/ The baby libertarian argument here (and I've been on both sides of it 100 times) tries to define property rights as absolute. There are these magic vertical lines going from the center of the earth to outer space, and anything I do on my property is absolutely fine.
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4/ BRO, I'm just emitting sound waves. Not MY fault that they propagate across the property line. BRO, I'm just emitting photons. If you don't like it, don't look. BRO, I'm just following you 23 hours a day as you walk on roads and sidewalks. If you don't like it, don't look
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5/ Society can organize norms and defaults one way or the other. The interesting thing about the Coase theorem is that it acknowledges this. So getting to the particular of a graveyard - there's an interesting question. What's the null hypothesis / norm?
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6/ Graveyards are often privately owned, and there are contractual expectations: right of access, right of maintenance, etc. So this is, perhaps, really just a contract law question, not a 1A question. ...but even if the contract allows the middle finger headstone, that's that
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7/ as far as the LEGAL question goes, but it's not trivially resolved as a social question. The problem with libertarian autism (and I say that as someone who is a libertarian and an autist) is that it prefers theory to gathering facts. Theory should FOLLOW facts, not precede
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8/ If you poll 1,000 people, and 999 of them suggest that they would be offended if they buried their spouse or child and then later a headstone went in 20 feet away with a picture of a middle finger, then that's a fact about human nature that must be acknowledged.
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9/ There's a quote I'm going to mangle, from the Jewish study of the Torah (cites appreciated, please chime in) in the direction of "the Law does not exist for God; the Law exists for man". Law exists to create utility, not to reify High Autist Theory.
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ⓘ Dogs don't have thumbs Retweeted ⓘ Dogs don't have thumbs
10/ Side thread on High Theoryhttps://twitter.com/MorlockP/status/1315646152331726849 …
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ⓘ Dogs don't have thumbs @MorlockPOne evolution in my thinking over the last ~5 years is that I now hate High Theory I find a few other people using the phrase, but no crisp definitions so I'm going to attempt one. It will necessarily be wrong ...if I claimed it was simple AND correct IT WOULD BE A HIGH THEORYShow this thread2 replies 0 retweets 5 likesShow this thread -
11/ So anyway, I don't think "don't look" is the final answer to every speech-implicating area of social discord. It is good and proper that we have churches with one code, streets with another, and red light districts with a third.
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ⓘ Dogs don't have thumbs Retweeted Shea Levy
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ⓘ Dogs don't have thumbs Retweeted Shea Levy
13/ > the baby libertarian view is enough for a huge portion of cases, concurhttps://twitter.com/shlevy/status/1329829994995064832 …
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ⓘ Dogs don't have thumbs Retweeted
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This Tweet is unavailable.1 reply 0 retweets 4 likesShow this threadThanks. Twitter will use this to make your timeline better. UndoUndo
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