Risky behavior

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.

Let’s consider a situation: someone builds a pyrotechnics factory in the city center, and everyone’s fire insurance premiums go up. But the factory owner has not violated the NAP, so he owes nothing to anyone (and no one can forbid him from building this factory). Do libertarians not consider this a problem?

anonymous question

To answer this question more fully, Alexei Tereshchuk aka @kamendant, leader of the Austrian School of Economics public page on VKontakte and the chat on the same topic in Telegram, was brought in as an expert. Below is a mix of his explanations and my own thoughts.

What is the difference between the case of a factory that pollutes the surroundings and a factory that raises the cost of property insurance for its neighbors?

In the first case, the factory causes direct damage to those around it, and this damage can theoretically be subject to compensation, even if the methods of calculating the damage are quite unreliable — after all, to set the price for a bunch of radishes for an old woman at the market, it is also not necessary to calculate its cost price in detail.

In the second case, it is only a matter of increased risks, and the very attempt to insure these risks leads to additional costs. Such indirect damage is not related to a violation of the non-aggression principle and therefore is not subject to compensation. Indeed, we are surrounded by many factors that increase our risks, but which we are forced to put up with if we want to maintain our current lifestyle.

For example, in the city, we have a higher chance of getting into a car accident than in the village; this increases the risk and, accordingly, the price of insurance for this event — but it is not a reason to make property claims against all drivers in the city — only against the specific one who caused the accident in which the victim was involved.

So, libertarians do not consider it a problem that it is impossible to demand money from a pyrotechnics factory located in the city center simply for the fact of its presence in the center.

It is another matter that the insurance cost for the factory itself will be much higher if it is built in the center than if it is on the outskirts — because the risk of claims from neighbors affected by an accident will be insured, which means it is more profitable for the factory owner not to have neighbors in the danger zone.

explosion at a pyrotechnics factory – fun and scary