Latest / Words & Numbers / Episode 482: The Evolution of Crime
Transcript
- 0:00Next on words and numbers, Trump sues the BBC.
- 0:03Listener comments. The Oscars move to YouTube.
- 0:05And the evolution of crime. All this and more coming up on
- 0:09Words and Numbers, a Civil original production.
- 0:12Check us out at civil.com. That's civl.com.
- 0:16Hi, I'm James. And I'm Anthony and.
- 0:18This is words and numbers, aunt. It's not exciting in your world
- 0:26this week. We got a bunch of listener
- 0:29comments on actually on a couple of episodes.
- 0:32I want to hit them one at a time.
- 0:35Can can I jump in here and say that I was really pleased at how
- 0:39little hate there was in the hate mail?
- 0:42Yeah, I don't know what's up with that.
- 0:44Our listeners aren't doing their job.
- 0:46But yeah, they're being nice to you, to us.
- 0:48Well, they're always nice to me when they write hate mail. 99%
- 0:52of the diamonds to you. Actually they write me directly
- 0:56about you, but this? This first set of comments is on
- 1:03our episode in which we discussed Australia banning
- 1:07young people from social media. My cousin John Lamberson, who
- 1:13you will remember is John Lamberson of the infamous llama
- 1:17poo that he tried to sell me. And for those of you that missed
- 1:20the story, it's several episodes back but it ends up with me
- 1:25somehow finding myself in the position of paying money, actual
- 1:30money, for llama poo that was then put in my car and driven 3
- 1:35hours away. But all of that is another story
- 1:39my cousin John writes and he says neither of you touched on
- 1:43the main issue. We don't need government making
- 1:46the rules banning young people from social media.
- 1:49We need parents to be parents. Parents need to instill values
- 1:53and discipline instead of letting social media take their
- 1:56place. I think that's absolutely right
- 1:59and it's a perfect free market answer to the problem.
- 2:03I agree, but we all know it's not going to happen.
- 2:06I read something today at which kind of gets into this.
- 2:10The average 13 ish year old girl spends 7 hours a day on social.
- 2:15Media 77. Wow.
- 2:19Now how can you parent that away?
- 2:23Yeah. You can make a dent, but at some
- 2:26point your children are out from under your, your, your line of
- 2:30vision and it has ever been. So I'm, I'm not making excuses.
- 2:36I'm not saying it's a terrible thing, just that, you know, if,
- 2:41if your wave of the arm answer is parents need to do a better
- 2:44job. Well, yeah, sure, but many or
- 2:48even most of them won't. And we're still left.
- 2:52With the same problem, so you know I I don't know what to say
- 2:56about that. On the same topic, listener
- 3:00Jordan Woodhams, who's president of the Libertarian Party of West
- 3:04Australia, wrote saying. You mentioned Australia's under
- 3:0816 social media ban, but you've been talking about the intent of
- 3:13the law rather than the effect. In order to keep people under 16
- 3:19off social media, the government has to determine, and this would
- 3:24be at the point that a person is interacting with a browser who
- 3:28is under 16. So the effect of this law is to
- 3:32require everyone to prove their age.
- 3:34Thus, the bill is a back door for requiring Australians to
- 3:39have digital I DS. I think that's right.
- 3:44That's scary. That thought never occurred to
- 3:46me. I, I look, I think that's right
- 3:50and I think once you get to digital ID, it's a short step to
- 3:54get to digital everything else, including a currency, but.
- 3:59Right. These things, whether we like it
- 4:02or not, are around the next corner.
- 4:05They. Are absolutely going to happen.
- 4:09You're probably right. I don't like it, but you're
- 4:12probably right. And if I look at my own
- 4:14behavior, well, but if I look at my own behavior, I embrace it.
- 4:19You know, wall to wall. I'm all about whatever the
- 4:22latest electronics thing is that makes my life easier or fine,
- 4:26I'll do it. And if the government can see
- 4:28what's going on, I don't care. And I don't, I don't mean the I
- 4:32don't care and I don't have anything to hide, although I
- 4:34don't have anything to hide. I mean the I don't care in the
- 4:37sense of virtually everybody else is on there as well as a
- 4:41sea of anonymity. I think everybody has something
- 4:45to hide. I honestly do.
- 4:47And I think you should be fully allowed to do it.
- 4:50There are all kinds of things, just none of anybody's damn
- 4:52business. And this sort of thing really
- 4:56worries me because I know it will be abused beyond all
- 5:00recognition. How do I know that these things
- 5:04are always abused? The government right now can
- 5:08listen to you through your television, whether your
- 5:12television is even turned on. Yeah.
- 5:14And for people who think that you may be a conspiracy
- 5:18theorist, I will. I will say I have a a dear
- 5:22friend who some years ago worked and I don't mean for a little
- 5:27bit, I mean for multiple decades for the federal government in a
- 5:33particular capacity. And this person says that back
- 5:39in the 70s, eighties, the government had the ability to
- 5:47monitor computers, such as they were at the time, wirelessly
- 5:52from outside the building. If that kind of technology
- 5:57existed in the 70s or 80s, imagine what they have now.
- 6:03Well. There's a public source.
- 6:05A public CIA source you can all go and find on YouTube named
- 6:10John Kiriakou. And, and he talks about the this
- 6:14sort of thing that the things that the CIA can and in fact
- 6:18does do that are wholly unconstitutional.
- 6:22And yet there is no oversight of any kind.
- 6:25So of course they do them. It's not whether they can do it,
- 6:30it's if they're doing it to you. And maybe nobody cares about
- 6:36what you're up to and nobody's looking, but that doesn't mean
- 6:39they can't tomorrow just 'cause they feel like it.
- 6:42And I find that's rather unnerving.
- 6:45And while I can, I can say, look, I don't have anything to
- 6:49hide, I just do sorts of things I do.
- 6:53At any point in the future you could get a far left or far
- 6:58right government that decides that some of the things that I'm
- 7:01doing that are innocuous are hereby illegal, and now all of a
- 7:06sudden I am doing something I need to hide.
- 7:09Yeah, I I'm worried about the entire thing.
- 7:13Privacy has been lost for a very long time.
- 7:16People just don't realize it fully yet.
- 7:20Let me switch gears to a different episode.
- 7:23I believe this was last week we talked about Valero and Phillips
- 7:2666 shutting down petroleum refineries in California because
- 7:30of owners regulations. One of our listeners, Jonathan,
- 7:35wrote, and I'm not going to say his last name because he
- 7:37indicated the e-mail that it might not be a good thing for
- 7:42his employer to know that he was writing us.
- 7:45He says, look, I'm a I'm a chemical engineer.
- 7:47I've been working in the fuels business for many years.
- 7:51Refineries produce more than just gasoline.
- 7:54For example, liquid propane, jet fuel, diesel, home heating oil
- 7:59and Petro chemicals for plastic production.
- 8:02I like to point out that electric vehicles wouldn't be
- 8:05possible to build without the lightweight, cheap plastics that
- 8:09the petroleum industry helps to create now, he says.
- 8:14When it comes to petroleum, California is essentially an
- 8:18island. The state has been blocking new
- 8:21railroad and pipeline connections in and out of the
- 8:24state for decades. The Jones Act prevents Gulf
- 8:28Coast refiners from shipping fuel to California through the
- 8:32Panama Canal. So it ends up being cheaper for
- 8:36California to import the fuel from South Korea than to ship it
- 8:40from another part of the US. And for those interested, we,
- 8:43you and I have talked for many years that we should do an
- 8:46episode on the Jones Act. Let me just read you the
- 8:49definition of the Jones Act or description.
- 8:52The Jones Act, it's a law. It's been on the books for good
- 8:55Lord, century maybe goods transported between US ports.
- 9:01So that's goods transported from one place in the US to another
- 9:06place in the US on via ship must use American built, American
- 9:12flagged, American owned, and American crude ships.
- 9:17All of which makes it prohibitively expensive.
- 9:21So consequently, you don't get goods shipped from one part of
- 9:25the US to another part of the US by ship, even if otherwise that
- 9:29would be the cheapest way to do it because of the Jones Act.
- 9:33Keeps the truckers in business. Yeah, it does.
- 9:36There's a funny story. We we have talked about the
- 9:38following, but it was several years ago and I'll I'll try and
- 9:42do it from memory. A funny unintended consequence
- 9:46of the Jones Act. There's a if I remember
- 9:49correctly, there is a footnote to the Jones Act that says that
- 9:55you can you can transport port to port, not on an American
- 10:01flagship, if part of the part of the distance you were the goods
- 10:07were traveling was by land. So you could go from ship to
- 10:13land, land to ship, ship to another part of the US, and you
- 10:18get around the Jones Act. And you have to take everything
- 10:21off the ship and put everything back on the ship.
- 10:24And that's what happened. In fact, when we talked about it
- 10:27on the episode several years ago, we put in the show notes an
- 10:29aerial picture of this place in Canada where there's a train on
- 10:35a track and the track is like 200 feet long.
- 10:38And what happened was the ship would come up, all the goods
- 10:41would be loaded on to the train, the train would run to the end
- 10:44of the 200 foot track and come back.
- 10:46All the goods would be back on the ship, and the ship would go
- 10:49about its business, thereby fulfilling that loophole
- 10:53requirement of the Jones Act. Do you imagine the incredible
- 10:57waste? One other listener still on the
- 10:59same topic, Pete Smoot, writes and says you didn't mention that
- 11:03there's a huge contingent here in California who see refinery
- 11:06Closings as a feature, not a bug.
- 11:10They want to wean California off fossil fuels, especially
- 11:13gasoline. Raising prices of gas and making
- 11:16it less available is a huge success in the group's eyes.
- 11:20I did a little math, James. Do tell.
- 11:25If, if you could wave a magic wand and completely nullify all
- 11:34of the all of the the sectors, industrial sectors in California
- 11:39that use fossil fuel, just wave a magic wand and all of that CO2
- 11:44goes away, you would reduce global CO2 output by less than
- 11:511%. This is not whatever pain
- 11:54they're putting Californians through here.
- 11:57This is having zero effect on global CO2 output.
- 12:01I'm OK with that. And that's all I have.
- 12:04We're happy to announce that civil members can join me and
- 12:06James for a new lecture series, Words and Numbers Live.
- 12:10Words and Numbers Live is a member only series in which
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- 12:22You can also submit your questions for us at
- 12:25wordsandnumberspodcast@gmail.com. In this next session, which
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- 12:55Subscribe to Civil for $5 a month or $50.00 for an annual
- 12:59subscription. I will take up far less time
- 13:02than you, but when is that not true?
- 13:05I've got something fascinating yet.
- 13:07You're going to love this. You might recall, actually, we
- 13:10talked not too long ago about how the BBC kind of got caught
- 13:15with its hand in the cookie jar editing a Donald Trump video to
- 13:20make it seem like he said something that he didn't exactly
- 13:23say. You remember that?
- 13:24Right. And that this, the CEO and
- 13:27somebody else lost their jobs, didn't they?
- 13:29Yeah, I know there's been bloodshed at in the HR
- 13:33department at the BBC, but here's where it gets
- 13:36interesting. Because Donald Trump couldn't
- 13:38let well enough alone. And he is.
- 13:41This was a wing, Donald. Just be quiet and go with it.
- 13:44What? Not no, no, this is this is
- 13:46actually quite fascinating. He's decided to sue the BBC for
- 13:50$10 billion, the sitting president, Yes, the city
- 13:55president. And he filed this lawsuit in
- 13:58Florida because you can't file it anywhere else because almost
- 14:01everywhere else in the civilized world only gives you a year to
- 14:05file a lawsuit. But Florida will give you 2 on
- 14:09on this. So alas, it's it's in Florida.
- 14:12And the BBC has said that it will vigorously defend its
- 14:16interests, which means, near as I can tell, they're not exactly
- 14:21interested in settling. They know they're wrong.
- 14:24They've admitted. But here's where it gets
- 14:27fascinating. What's going to end up happening
- 14:29if everybody, if nobody blinks in this game of chicken, is that
- 14:36Donald Trump will have to take the stand and swear on a Bible,
- 14:42or maybe a Trump Bible for that matter, to tell the truth.
- 14:46And then he will be asked questions about the January 6th
- 14:49insurrection. Oh, how?
- 14:52Interesting. Which the United States Congress
- 14:54has been trying to get done since January 7th.
- 15:00And of course he won't pay them any mind and tells him to go #
- 15:04sand. But if he wants to sue the BBC,
- 15:07this might be the cost to him. Wow.
- 15:11So the interesting thing to watch now is just how much that
- 15:16possibility bothers him. Because if you see this suit get
- 15:20dropped quietly or settled for peanuts, you'll know.
- 15:26You'll know exactly why. And I'm looking forward to doing
- 15:31what I usually do, sitting on my chair and watching the news.
- 15:35Which of course, that brings us to the foolishness of the week.
- 15:39And when I say the word Oscars, you should already be thinking
- 15:44foolishness, right? The Oscars are just silly.
- 15:48I for the love of God, I have no idea why anybody listens to this
- 15:53nonsense, watches it. I have no idea why they watch
- 15:56the Emmys, the Golden Globes, any of the various Music Awards
- 16:01that are out there. Because this is simply a group
- 16:05of people gathering together to pat themselves on the back and
- 16:09then turn that coverage back towards us so we can all pat
- 16:16them on the back. Grow up.
- 16:20You're an actor, you're not that important.
- 16:22You say words, people film them, and then everybody moves on.
- 16:26Nobody thinks you're smart. Nobody thinks you're clever.
- 16:30But. But here's where it gets fun.
- 16:32Because the Emmys starting in 2020 or the Oscars starting in
- 16:352029 will no longer be on broadcast TV.
- 16:39They will be on YouTube. Really.
- 16:41And I don't know. What that means to anybody, I
- 16:45don't know if that's a demotion or a promotion.
- 16:48I know YouTube is alleged, is alleged to have paid in excess
- 16:53of nine figures to get to get the thing.
- 16:57And I think we've talked about this before.
- 17:00There are more people watching YouTube now than than are
- 17:02watching broadcast TV or cable TV for that matter.
- 17:07So, well, OK, I hope it's a gigantic flop and nobody tunes
- 17:11in, and I I suspect that might actually happen.
- 17:15But the comments are going to be great.
- 17:17How much you want to bet they shut off the comments?
- 17:20Oh, how do you not turn off the? Comments.
- 17:23Oh that would I would I would watch it just for the comments
- 17:26if they left it open. That's the price of ignition
- 17:29right there. That would be even better than
- 17:31just keeping Twitter open in the background.
- 17:34Notice they still. Call it Twitter.
- 17:36Anyway, the Oscars, What can you do?
- 17:43So this is where you look at me and want me to start the
- 17:45episode. Well, you you allegedly have an
- 17:48interesting thing to say about something.
- 17:51Well, I kind of do, and they're half formed thoughts and they
- 17:55fall partly into my space, partly into your space.
- 17:59So I thought I just threw them out and we'll see what happens.
- 18:04And the people should realize that yes, we are exactly this
- 18:09unrehearsed. I was driving to work this
- 18:13morning and for whatever reason, I was start, I was thinking
- 18:17about victimless crime. And I'm going to restrict myself
- 18:23to victimless crime here because it there's, there's all kinds of
- 18:26given where this conversation goes, there's going to be all
- 18:28kinds of problems with violent crime and crime with victims and
- 18:33all of that. So just let's just focus on
- 18:34victimless crime for a moment in I posit A hypothesis that it is
- 18:43socially desirable when you given that you have victimless
- 18:48crime laws, right and libertarians are going to say we
- 18:52shouldn't even have victimless crime laws.
- 18:54But let's assume we start from there.
- 18:56We have them. It is, it is socially
- 19:01beneficial. I claim not to fully enforce
- 19:06them. And by that I mean I, I, I don't
- 19:09mean to not enforce them, but rather that we don't hit them so
- 19:14hard that it's, we make it onerously costly for people to
- 19:19break this law. Think, for example, of how we go
- 19:26about enforcing drug laws. I'm not talking about marijuana,
- 19:29but you know, the the heavy stuff and you know, there's all
- 19:32kinds of problems. You get thrown in jail for a
- 19:35very long time and carry this record with you and all of that.
- 19:40And, and here's my argument. People who find ways around
- 19:49these victimless crimes are exhibiting some form of
- 19:54entrepreneurial talent. There's a problem here.
- 19:58There's somebody who wants something and somebody who has
- 20:01the something and there's things standing in the way and they're
- 20:04going to find a way around this to connect the supply and the
- 20:08demand. That's that's all
- 20:10entrepreneurial. And I submit that if you are in
- 20:18a situation where the only way to get rid of a law is to pass
- 20:22another law saying we repeal the first one.
- 20:26And given how inefficient government is in doing what it
- 20:28does in the 1st place, this imperfect enforcement, coupled
- 20:34with the entrepreneurs who are trying to find ways around the
- 20:37laws, give us the ability to identify victimless crimes that
- 20:43should no longer be on the books.
- 20:45And I'll give you a simple example.
- 20:48Blue Laws. When I was growing up, we had
- 20:52blue laws in Pennsylvania, which were on Sundays.
- 20:56There were certain products you were not allowed to buy.
- 20:59Stores weren't allowed to sell. Yeah, we had them in Connecticut
- 21:02too. Oh yeah, but a lot of some
- 21:05places still do have alcohol. But this was things like in
- 21:08Pennsylvania, I'm talking about any, almost anything you would
- 21:12buy from a grocery store, save for basic foodstuffs, maybe
- 21:18bandages, right? Anything else was was off
- 21:21limits. So it's going way beyond
- 21:22alcohol. And this was something that
- 21:27wasn't enforced. All of a sudden somebody got to
- 21:30be in their bonnet and decided we're going to enforce these
- 21:33things. There was a big push in
- 21:35Pennsylvania to enforce this. And then it, it quietly went
- 21:39away in my suspicion. I don't know if it's still on
- 21:42the books, but my suspicion is that it was.
- 21:45We just got to a point where people stopped enforcing it and
- 21:48they stopped in for how did we? How do we know that it's time to
- 21:52stop enforcing it when you get enough of these entrepreneurs
- 21:56finding ways around the law such that the law in effect becomes
- 22:01moot? I enjoy telling the story and my
- 22:03children are fascinated by this particular story.
- 22:07There was one year on Easter Sunday at about 9:00 at night.
- 22:13Now look at all the things that lined up here in Connecticut.
- 22:17You can't buy alcohol on a Sunday, on a religious holiday
- 22:22or after 8:00 PM. I've got the trifecta working
- 22:27against me here. And my buddies and I drove up to
- 22:31a store who we we knew was run by somebody who didn't exactly
- 22:36care about the law. And the first thing you would do
- 22:41is you would walk in and you would ask the man behind the
- 22:43counter for a bag before you did your shopping.
- 22:49And then you would you would take that bag to the cold beer.
- 22:54Oh, and I did. I also mentioned that we were
- 22:56all 17, which was a touch too young for this too.
- 23:00You would take your bag up to the cooler that had chains and a
- 23:07padlock on on it, and you'd look at it and you'd say there's no
- 23:11way I'm getting into there. But it was arranged in just such
- 23:15a way that all you had to do was open the door and the chains
- 23:18gave way. And when you closed the door you
- 23:21fixed the chains to make it look like it was locked again.
- 23:24And you brought whatever was in your bag up to the guy at the
- 23:27counter, who then cheerfully rang you up and sent you on your
- 23:30way, because why the hell not, right?
- 23:35He had to make a living, he was selling something we wanted to
- 23:39buy, and he perfectly captured the after 8:00 PM religious
- 23:44holiday on a Sunday market. Right there was.
- 23:47There was a line in that place, right?
- 23:50Because every underage drinker in town and every alcoholic knew
- 23:55that you can go get something there.
- 23:57And, and look at what happens here.
- 24:00You've got this law and for whatever reasons, we think it's
- 24:03a good idea that you not sell alcohol on Sundays.
- 24:06And because of people like this figuring out ways around it, all
- 24:11of a sudden society looks and says, you know what, this look,
- 24:15people are getting around this law left and right and the
- 24:18ceiling hasn't caved in. And how else would how else
- 24:22would we know that the ceiling wouldn't cave in if it weren't
- 24:25for these entrepreneurs trying to get around the thing?
- 24:28But you know, as I think about the idea of victimless crimes,
- 24:31I'm, I'm offended by the very notion that there can be a crime
- 24:35if there is no victim, no victim, no crime.
- 24:37But that's a perfectly reasonable thing to think.
- 24:40But OK, like you, I live here in the real world and we have some
- 24:44but, and I'm telling you, for the life of me, I can't think of
- 24:47any that are non drug, non prostitution.
- 24:53Those are the only things that come to mind.
- 24:55It used to be the case that gambling would have fit into
- 24:59this category. Right.
- 25:02But that's that's functionally legal now, just like marijuana
- 25:05is functionally legal. Well, yeah, but but look what
- 25:08you just said. Functionally, it became
- 25:11functionally legal because of this phenomenon, I claim of
- 25:14entrepreneurs working around it. I, I say functionally because
- 25:18it's not legal everywhere, but you can go to the places that it
- 25:21is and get what you want and then go back.
- 25:24And that's probably not true of some people in the middle of a
- 25:28prohibitive state who would have to travel hundreds of miles.
- 25:32But most of us have access to legal wheat anytime we want it
- 25:38and come to find out, we don't want it nearly as much as we
- 25:40thought we did. They do a good business, don't
- 25:43get me wrong, but it's not like the bar on Friday night.
- 25:48Not at all. Prostitution's a different
- 25:50animal entirely because it flies under the radar so much.
- 25:55But look, I can tell you this. My wife used to work at a what
- 26:02would be the right word? It's not an assisted living
- 26:04facility. It's a like an independent
- 26:06living facility for senior citizens where people have
- 26:09apartments and they can have cars and all this.
- 26:12And she said as she would be leaving work on Friday, some
- 26:15nights the prostitutes would all be.
- 26:17Adding it. Good Lord, huh?
- 26:21Because the old people have credit cards and telephones and
- 26:27look, everybody knew it. Who the hell was going to report
- 26:30that? I mean, it's not, it's not
- 26:33making a scene. It's not causing a commotion.
- 26:36Nobody's in any physical danger. There is no harm.
- 26:40So everybody knows it happens. And I want to pursue this, this
- 26:47comparison I'm making to entrepreneurs because as with
- 26:52entrepreneurs, look, you can have an entrepreneur who has an
- 26:54idea and it's a great idea and all of a sudden you've got a new
- 26:57business or new industry or whatever it is.
- 26:59And there are plenty of entrepreneurs who just blow it.
- 27:03They're they have an ID and it turns out to be a stupid idea
- 27:06and you know, they go bankrupt, they go away.
- 27:09I think so too here with these, we'll call them, I'll call them
- 27:12criminal entrepreneurs, that they're going to be instances in
- 27:17which they try to get around the law and they do get around it.
- 27:21And something bad does happen. You know, selling alcohol to 15
- 27:25year olds, for example, right. You could lead.
- 27:28Suppose you're a situation where you do get away with it for a
- 27:32long time. Eventually, something really
- 27:33bad's going to happen, and so it becomes.
- 27:37Do you know what was never in the bag?
- 27:40A receipt, Yeah, for right, Because it was smart.
- 27:44Enough to know that if we rolled the car and all four of us died,
- 27:47that receipt was going to be in the middle of all the beer cans.
- 27:51Yeah. And as with entrepreneurs in in
- 27:53the business sense, you're in a situation where society has a
- 27:58need, which is to know which of these laws are useful and which
- 28:03ones aren't. And the criminal entrepreneurs
- 28:07help us figure that out. One thing I do want to ask
- 28:10though, Aunt, is is there anything else that is a
- 28:15victimless crime that doesn't involve drugs or prostitution?
- 28:18At this point, is there anything you're thinking of?
- 28:21Oh, today? You mean in the US?
- 28:24Yeah. Not off the top of my head, but
- 28:27I'm sure what I'm sure once I go about my life in encounter
- 28:31something tomorrow, I'm going to say, hey, look at that.
- 28:34Yeah, I'll be thinking. I'll be thinking the same way,
- 28:38but my knee jerk reaction is that it's really just these two
- 28:42things. Let me throw out in this one
- 28:46comes with caveats, the speed limit.
- 28:50Now, here in Northern Virginia, there's a big 6 lane Rd. that
- 28:56runs between Dulles Airport and downtown DC.
- 29:00The speed limit on this thing is 55 miles an hour.
- 29:04It is. Nobody goes 50.
- 29:07Now, I don't observe people being unsafe or I don't observe
- 29:10them being more unsafe than Virginia drivers appeared to be
- 29:13in general. But they're going, you know, 70
- 29:15miles an hour. They're all, every single one of
- 29:18them breaking the law. But it's a stupid law.
- 29:21I agree, but that's more of a regular to the fact, right.
- 29:24It's like driving on the right hand side of the road.
- 29:26We have to have a decision about this sort of thing.
- 29:30It's it's it's functional. It's fundamentally different to
- 29:33look at a speed limit and to look at cocaine use.
- 29:37Oh, I think in terms, not in terms of the victimless crime
- 29:41with the footnote of, you know, if you're driving 120, yeah,
- 29:46that's a problem. Yeah, but I mean, look, this is
- 29:48just one of those things like an age of consent where we need a
- 29:52bright line distinction. Some places decided 55 back in
- 29:56the OPEC oil crisis years and never came back to the original
- 30:01657585. I just don't think that rises to
- 30:06the level of prostitution or LSD use, right and things like that,
- 30:13which which we say people shouldn't do because we think
- 30:17those are morally bad decisions. I submit that it's of the same
- 30:23type as I'm as I'm considering here.
- 30:26And the evidence I give is how do I, how do I know that this is
- 30:31a ridiculous law? Because everybody's driving 75
- 30:36miles an hour every day and there's not a slew of accidents
- 30:39there. That is.
- 30:40We've got a bunch of criminal entrepreneurs, the drivers who
- 30:44are who are demonstrating by their behavior that the law is
- 30:48not necessary. Yeah, I mean, fair enough.
- 30:50I don't want to beat this particular dead horse anymore.
- 30:54James and I are delighted to be working with Civil.
- 30:56For years we have been pushing people to think about how we can
- 30:59make the world a better place. Civil's mission of upgrading
- 31:03society fits exactly with what James and I have been talking
- 31:06about for years. Civil helps us by allowing us to
- 31:09do what we do best, which is researching topics that are
- 31:12important and communicating these to our listeners in ways
- 31:15that we hope they find enjoyable.
- 31:17To see Civil's extensive list of content, including our podcast
- 31:21Words and Numbers, and our new lecture series, Words and
- 31:24Numbers Live, visit civil.com. That's civl.com.
- 31:30Let me throw out a thought that's occurred to me many times
- 31:34over the years when you and I start to talk about stuff like
- 31:37this. And that is, I submit that
- 31:42government as we understand it today, not a particular
- 31:45government, but the concept of government, is itself an
- 31:51evolution of crime. That is, millennia ago, the way
- 31:58you became rich was by taking things from other people.
- 32:03And of course, you take things from people.
- 32:05It makes them mad and they come back and try and take them from
- 32:07you, possibly kill you in the process.
- 32:09And it doesn't take too long before you realize that if you
- 32:14can establish yourself in some way that you can take from the
- 32:20people. And yet not take so much that
- 32:24you make them mad that they want to come and take back and you
- 32:27offer them something perhaps in exchange to justify you taking
- 32:31what you're taking from them. And what I might offer you could
- 32:35be anything from bread and circuses to banding together and
- 32:39going and attacking the neighboring village and taking
- 32:42their stuff. I argue that government is
- 32:45actually not to say it's a criminal organization, but the
- 32:49government as we understand it today is a is the evolutionary
- 32:54product of what originated as crime.
- 32:58Yeah, I, I think that's right. I I think that every government
- 33:02you can point to that has been successful has a criminal past.
- 33:08Something was taken from someone.
- 33:11This is why these these land acknowledgement statements that
- 33:15people are all so they, they get their panties all twisted in a
- 33:19knot to to say we do hereby announce that we stand on the
- 33:24land. Who's claimed traditionally by
- 33:27X? Well, all right, who did X get
- 33:32it from? Because they took it from
- 33:35somebody else. Who did that group get it from?
- 33:38Well, they took it from somebody else too, ad infinitum.
- 33:43You go all the way back. We should be doing land
- 33:44acknowledgments to the dinosaurs, not to human beings,
- 33:49right? It's always a criminal
- 33:51enterprise. And I think almost every
- 33:54philosopher would agree on this. How do you know no one was ever
- 34:00given a choice? It's murderous from the
- 34:03beginning. Every regime find its roots in
- 34:06blood, some much less than others.
- 34:08Some are far, far more just than others in their origins.
- 34:15But there is always blood, literally ours.
- 34:20So I, you know, I don't know what to say about that except
- 34:23expect it, guard against it. It will happen again, and it
- 34:28will always happen again. This is always what happens.
- 34:33As part of this thinking about laws and good laws versus
- 34:39unnecessary laws and government now as, as the evolution of a,
- 34:44of basically crime, I want to propose, and I'm not the first
- 34:49to propose this, this has a name, the cash benchmark test,
- 34:54but I want to propose the following as a litmus test for
- 34:58whether a law or if you want to think more broadly, a policy is
- 35:02justified and, and picture here policies that are aimed at
- 35:07achieving some societal outcome. So, for example, raising people
- 35:13out of poverty or, you know, preventing drug abuse or
- 35:16whatever it is. Think about laws like that, not
- 35:20laws like preventing people from stealing from others or murderer
- 35:25or something like that, right. So here's here's the
- 35:28proposition. A policy is when two policies
- 35:32achieve the same outcome at the same cost.
- 35:37A society that values freedom ought to prefer the policy that
- 35:42employs less coercion. And I think that's anybody who's
- 35:47interested in freedom would say that's obvious.
- 35:49You got 2 competing policies. They achieve the same outcome,
- 35:52same cost. This one involves coercion.
- 35:54This one involves less coercion. Take the one that involves less
- 35:57coercion. If you can buy that proposition,
- 36:00which I think is reasonable, there's an implication.
- 36:02And the implication is a policy is unjustified if a direct cash
- 36:09transfer not exceeding the total cost of the policy can achieve
- 36:14the same outcome. And I give you an example you
- 36:18and I have talked about before the welfare state in the US
- 36:22since the War on Poverty, we have spent the country adjusted
- 36:27for inflation, something on the order of 20 to $25 trillion
- 36:32adjusted for inflation since 1967, fighting the war in
- 36:36poverty. And and from that we have
- 36:39reduced the poverty rate by it fluctuates year to year, but it
- 36:43seems to be around 3:00 to 5:00 percentage points reduction in
- 36:48poverty. Now here's the thing.
- 36:51If we took that $23 trillion and simply divided it up amongst all
- 36:58the poor people who have existed since 1967, we could have cut
- 37:03each one of them a check for $10,000 a year.
- 37:06Not each family, but each person a check for $10,000 a year.
- 37:11That would have raised them out of poverty.
- 37:13In other words, for the same cost as all the poverty
- 37:17programs, we could have simply cut a check and completely
- 37:22solved the problem. So to me, following this this
- 37:25proposition I've laid out, which the name again is the cash
- 37:29benchmark test. This says that that our welfare
- 37:34state is anathema to someone to the principle of freedom all.
- 37:40Right, couple of things. The first is, yeah, I mean,
- 37:44look, conceptually, I I agree completely, you know, I do.
- 37:47We've talked about this before, But if we wound down the welfare
- 37:52state tomorrow in favor of just giving people checks, how many
- 37:55new people would now be out of work and poor who used to work
- 37:59in the welfare state? Yeah, I'm I'm with you there.
- 38:03Now here's here's the thing. The the bench, the cash
- 38:08benchmark test is a hypothetical.
- 38:10So it's not it's not that this is actually the alternative we
- 38:14should cut everybody checks, but rather if you can demonstrate
- 38:18that simply cutting checks would have solved the problem at less
- 38:22cost, or told it better for the same cost, whatever it is, that
- 38:26unto itself says there's something wrong with your
- 38:29policy. Yeah, but it doesn't tell you
- 38:31what, and it doesn't tell you what what the correct answer is
- 38:34which. Is.
- 38:35No it doesn't. And here's how it would play up.
- 38:38Let's leave welfare to the side and talk about healthcare, which
- 38:43is all in the news again. Because lo and behold, if only
- 38:47two guys could have predicted that the Affordable Care Act was
- 38:51going to yield care that was not nearly as affordable as as it
- 38:54once was. If only two guys had said out.
- 38:57Loud, Well on record. We've written, we've written in
- 39:00newspapers about this before. The Affordable Care Act was
- 39:04told. The tale was told.
- 39:06Repeatedly. But now you can point out that
- 39:09that is exactly what happened. And is healthcare any better?
- 39:13No. Is it more accessible?
- 39:16No, actually it's not. Maybe a little less so as these
- 39:20things go. But then comes the cardinal
- 39:23question. What are we going to do about
- 39:25that? And just because I can point all
- 39:29that out doesn't mean we're not going to have government
- 39:31involvement in healthcare again. It just means it's going to look
- 39:34different and it's going to fail next time too.
- 39:37And we're going to say the same things.
- 39:39And then it's going to fail the next time too.
- 39:41Because when governments take over healthcare, you get certain
- 39:45kinds of failures. It's wrapped right into the
- 39:48nature of the thing can't be avoided.
- 39:51And you and I say this a lot. You can ration by time or you
- 39:55can ration by money. And I have gone out and gotten
- 39:57medical procedures in an afternoon that would take our
- 40:00Canadian friends 6912 months to get.
- 40:05Right. We rationed by money here and I
- 40:08had enough money. They rationed by time, and
- 40:13sometimes you have the time and sometimes you don't, but you're
- 40:17still rationing no matter what. Let me pick another example that
- 40:22I've actually run some rough numbers on, and this is the this
- 40:26is the drug war, and I'm going to take marijuana off the table
- 40:30here. Let's talk about other illegal
- 40:33drugs. What does it cost us to wage the
- 40:38war on drugs? Incarceration.
- 40:41Federal and state is about 16 billion a year.
- 40:44Federal enforcement is around 40 to 50 billion a year, and state
- 40:49and local enforcement. Is this just for drugs?
- 40:54Yes, we spent 16 billion on keeping drug offenders in
- 41:00prison. Yes, OK, yes, state and local
- 41:04enforcement, almost 20 billion. There's lost GDP because these
- 41:08people are now in jail instead of producing.
- 41:10That's over 10 billion. And when you do it all, of
- 41:14course the the numbers are estimates, you're going to get
- 41:16people all over the map. But generally, the estimates
- 41:20come out in the ballpark of the drug war, costing about 100
- 41:24billion annually. That's all in.
- 41:28That's a lot. Yeah.
- 41:29But here's the thing, James. I'm going to go back to this
- 41:34principle. The cash benchmark test, 100
- 41:38billion a year. There are, and this is by U.S.
- 41:44government estimates, 2 million. What do we have here?
- 41:49Americans who use, yes, illicit drug users excluding marijuana,
- 41:549.4 million. That's the estimate.
- 41:58And this is not, this is 9.4 million who have used drugs in
- 42:01the past year. So it was not like the question
- 42:03of how have you ever used drugs, right?
- 42:05So think of this, 9.4 million active illicit drug users
- 42:09excluding marijuana, $100 billion a year.
- 42:13We could cut each of them a check for $10,000 a year in
- 42:18exchange for taking drug tests. And so long as you you come in
- 42:24once every, pick a number, once every month you take a drug
- 42:27test, and so long as you're negative every single time, you
- 42:31get your $10,000 check. That I was going to say wow,
- 42:34with with $10,000 I could buy a whole lot more illusive drugs.
- 42:39Yeah, all excited until that last.
- 42:41Part yeah, but you'll only yeah, you'll only do that once you
- 42:44come in for your next drug test. Now you have a problem right
- 42:46now. Is it going to is it going to
- 42:48drop the 9.4 million to 0? No, but it's my guess is it's
- 42:54going to drop it way closer to 0 than what the war on drugs has
- 42:58done for the same cost. As the war on drugs, I guess it
- 43:01would be probably less than half what it now is.
- 43:06That would be a huge win given what the war on drugs has
- 43:09accomplished. Or here's crazy idea, make all
- 43:12drugs legal. Yeah, see, and that and that's
- 43:15the thing when you're dealing with victimless crimes like
- 43:17here, there's like this, there's always that answer.
- 43:20The problem with that answer is that while it is compelling to
- 43:25people who are of a libertarian mindset, it's not compelling to
- 43:29anybody else. And so with this, with this
- 43:33litmus test that that I'm highlighting here, we can say to
- 43:37people, look, you want to keep people off drugs, here's a way
- 43:40to do it that's more effective for the same amount of money or
- 43:44as effective for less money. And less coercive.
- 43:48And and yes, on yes. And on the top of everything
- 43:51else, it's less coercive, which, if we care about freedom, that
- 43:54should be one of the prime deciding factors.
- 43:57Yeah, I've I've come to the conclusion that we don't really
- 44:00care about freedom anymore. Well, this is the problem with
- 44:04both the war on poverty and the war on drugs, that they have
- 44:07become so lucrative that we have actually created entire
- 44:11industries in which people who are neither poor nor drug users
- 44:17are benefiting by simply working in this industry, and they are
- 44:21going to resist a solution like this.
- 44:24Yeah, no, Bureaucracies always resist.
- 44:29Corporations that are in bed with government always resist.
- 44:33And you find that bureaucracies and those kinds of corporations
- 44:37are very, very powerful. Once you've Co opted the
- 44:41government itself, there's very little you can't do.
- 44:44And we can point at them all the time.
- 44:46And I I take joy in pointing at them, but that's literally all I
- 44:50can accomplish. I can't, I can't undermine them
- 44:54in any way. I can't return us to an
- 44:57understanding of individualism. All I can do is point out the
- 45:01problems. And until and unless the
- 45:03majority, and probably a significant majority of
- 45:06Americans actually care about these things, this is what we're
- 45:09going to get. Yeah.
- 45:11And I think, and that's both sad and uplifting, Yes, Individually
- 45:15there's not much we can do, if anything, but collectively
- 45:18there's a tremendous amount we can do.
- 45:21We'll see. As is always the case, we'll see
- 45:24marijuana. I didn't think I'd see marijuana
- 45:27legalization in my lifetime, and it just toppled like Domino's,
- 45:31so other things can too. You never know.
- 45:34And that's all I have. First time for everything.
- 45:37On that happy note, we take our leave.
- 45:40We'll see you next time. And until we see you again,
- 45:44please be nice to each other. It'll be all right.
- 45:46Just give it a shot. It's OK.
- 45:48Catch you later, Aunt. See you next time, James, at
- 45:51Words in Numbers. We spend a lot of time talking
- 45:53about what's going on in the economy and the government, but
- 45:56fundamentally, all of this boils down to one thing.
- 45:59The greatest threat facing modern society is a lack of
- 46:03civility, that people who disagree somehow find it
- 46:06difficult, if not impossible, to discuss their differences in a
- 46:09civil manner. We at Civil are interested in
- 46:12upgrading civilization by encouraging people to engage
- 46:16with new ideas and ultimately engage civilly with each other.
- 46:20If you share this idea, please join us by subscribing at
- 46:23civil.com. That's civl.com.