Re: Anti-Dog Eat Dog Legislation
by
Tradbert
10/15/2009, 2:10 PM #
The precise contours of your "level playing field" will always depend on whoever holds the most power at any given point. That's inevitable. All laws favor one group over another, and even the most subtle and innocuous changes in a legal system will shift the balance of power and wealth between groups; no system exists that is entirely neutral. For instance, contract laws that only permit compensatory damages (our current system) favor parties that often break contractual obligations resulting in comparatively small compensatory damages (insurers are one example -- through inexplicable denials of claims) but are able to use legal expenses to deter private lawsuits. If I advocated a change in contract law, would you accuse me of capricious government intervention, because I'm targeting, for instance, insurers? But the system as it was initially put into place (through government laws) was already uneven before my intervention. On the other hand, my “intervention” won’t be neutral; it will shift power from defendant-insurers to prospective patient-plaintiffs.
At the end of the day, figuring out exactly which laws favor who and trying to make the platonic ideal of a neutral law is impossible. Instead, we tend to take a results oriented approach, i.e., "does our current insurance system work?" The answer appears to be "no" given that we spend an inordinate amount on healthcare but our lifespans and quality of life lag behind other developing countries. Thus, many or most of us have decided that we need to make a change. But people like you argue that any changes amount to "socialism," because we're targeting one industry or another, or some such notion. Given that all laws inevitably favor one industry or another, how am I or likeminded individuals to make heads or tails of your definition of "socialism" and your aversion to "government intervention" into systems that were created and supported by the government in the first place?
As for your examples, I have some sympathy for your position on several of the enumerated issues, but I don't share your views on the nature of government interference. Regarding "hate crime" laws, do you oppose creating tiered penalties depending the circumstances of a crime? This is very basis of our legal system -- theft, rape, murder all result in different sentences, and within each crime a person's sentence may vary depending upon numerous factors, including the nature of the crime, the nature of the victim, etc. You might argue that laws assessing additional penalties for assaulting an African American on the basis of race are unfair because all victims of assault should be treated equally. But do you think assaulting a grown man is the same as assaulting a child? Do you think assaulting someone because of their religion is the same as assaulting someone who talks about raping your wife? We always take motives and the nature of the victim into account, because we as a society have determined that some motives are more reprehensible than others. Regarding the situation in Massachusetts, why can't an elected government change it's own laws? Enacting a system of laws isn't capricious interference, but changing it later is? Regarding Terri Schiavo, multiple relatives asserted a claim over her life. The government enacted a system to adjudicate those claims that favored the husband, and then the government attempted to change that system to favor another party.
I'm not saying that any of the above laws make any sense, but I can't tell you which one is "government interference," which is "socialism," and which is "capitalism" They are all government interference, and I hesitate to even try to define what "socialism" means in the present political environment. As far as I know, it simply means "things that Republicans don't like" or perhaps "things done by Democrats." This definition would explain the Republican cries of "socialism" for TARP under Obama but not Bush, and similiar cries of socialism regarding antitrust laws that were favored by Reagan but are now Marxist under Obama. This would also explain why Medicare is capitalist, and the public option is socialist. And why giving subsidies to farmers is capitalist, and giving foodstamps to the urban poor is socialist. And why antitrust laws are both capitalist and socialist depending on how you apply them, etc.