Continuation of the discussion on the coronavirus. Beginning, continuation.
Bitarch’s Column
My recent article about the idea of bypassing house arrest (“self-isolation”) for healthy people while observing all possible safety measures sparked a huge wave of criticism. I’ll be honest — I have never received so much hate directed at me. Nor so much support. Subscribers were split roughly in half: about 60% on my side and 40% against, but they proved to be extremely uncompromising in their positions! In reality, this exposed a very important problem that I had been planning to write about for a long time. The disputes regarding the permissibility of quarantine measures provided a good opportunity for this.
We are talking about the assessment of any risky behavior that does not directly cause harm to anyone, but has some probability of unintentionally causing harm to third parties. This is far from just forced “self-isolation” against the spread of coronavirus (do you not notice the oxymoron here?!), but also driving a car at high speed, under the influence of alcohol and drugs, the use of certain psychotropic substances, the construction of certain facilities (gas stations, explosives warehouses, chemical and nuclear waste sites) near residential buildings, placing a level 4 biosafety laboratory in an apartment of a residential building, launching pyrotechnics near houses, and much more. If a stationary bandit imposes a ban on any such action, he creates a victimless crime.
Any person calling themselves a libertarian, even a minarchist, cannot support punishment for a victimless crime; otherwise, they have no right to call themselves a libertarian. Some say that, for example, complying with a ban by a stationary bandit against leaving one’s home is normal, as I could potentially be infectious without even knowing it, and consequently, I initiate aggressive violence against the people around me. But if we follow such logic, then even an openly gay person, walking down the street holding hands with their partner, initiates violence against religious conservatives who might have a heart attack with some probability. This can lead to absurdity, which is why libertarian philosophy clearly answers this question: no victim — no crime!
Nevertheless, the problem of risky behavior does not disappear. For some people, the values of freedom, progress, and economic development are more important, while for others, safety and risk minimization are paramount. There are scientific studies proving that the predisposition toward certain values is partially determined by genetics. People from these two categories will never be able to reach an agreement. This is, in principle, an insoluble problem.
All that remains is to seek ways of peaceful separation:
1) Freedom of association and private discrimination;
2) For more conservative people, territorial communities/jurisdictions (TCJs) will likely be suitable, while for those more tolerant of risk and diversity — extraterritorial contractual jurisdictions (ECJs).
In any case, I recommend moving from the habitual authoritarian two-step style of thinking “Crime — Punishment” to a three-step “Action – Counteraction – Agreements for the future.” Only when it becomes natural for you to think in terms of the equality of subjects will you be able to start feeling out your own approach to the problem of balancing freedom and security.
