Bfgrn
Gold Member
- Apr 4, 2009
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If a person uses his money to buy or rent a property, and uses his money, time and work to develop a business, whose business is it if it is "objectionable" to them? If it is objectionable to enough people then he will go out of business for lack of customers.But I'm not proposing ousting any business from the community. If an 'objectionable' business exists when the social contract is formed, that business should be grandfathered in. The people who legally built it up on good faith that their license was legal should not be deprived of their livelihood and their own pursuit of happiness or, if the community really wants it out of there, a deal with the owners should be negotiated to be sure the owner was adequately compensated for closing and moving the business and everybody is happy. Most business owners do not wish to operate in a hostile business environment and there is usually a way to work such things out.
There will probably be some sticky wickets in very close votes every once in awhile, but it is my experience that those very close votes are very rare in this kind of scenario. Usually there is no initiative to establish a particular ordinance until there is already widespread support for it. And there is no better way to accomplish social contract other than every citizen having a vote.
Do you think it wrong to have the people vote on whether to issue bonds for this or that project in the community? These initiatives sometimes DO result in very close votes. But is there a better way than a democratic election to decide such things?
It is a unfair takings to restrict zoning because something is "objectionable."
Zoning is a way to establish order, pleasing aesthetics, and a safe and moral environment. There is a good reason that most communities don't want an adult bookstore or tavern or strip club near the public schools. Such businesses sometimes attract questionable clientele and there is an objectionable moral element to it for many, and they don't want the kids exposed to all that day after day.
If I have a little neighborhood ice cream shop surrounded by other quaint little shops, that establishes a particular environment and aesthetics that would be destroyed by a Wal-mart or big supermarket or other big box store going in, it is reasonable to object to the big stores and/or different kinds of businesses moving in. It is reasonable to restrict busineses to a particular type and square footage in that neighborhood. That is not a violation of anybody's rights and discriminates against nobody as anybody has the right to conform to the zoning requirements . That is people exercising their freedom to establish the sort of society in which they wish to live.
So long as nobody is discriminated against, I see it as an unalienable right for property owners to establish the sort of environment and society they wish to have. That would fall right into the 'pursuit of happiness' category. A little french cafe with a full bar might fit into that, while a honky tonk would not.
The sort of wide open zoning you seem to be suggesting brings visions of the old wild west Deadwood hellfire days in which anything goes and a quiet, safe, peaceful environment is not to be found.
Libertarianism fuses two ideas, one political, one psychological. The political idea is that the central state should be confined within the narrowest possible limits. The psychological idea is that each person should enjoy the widest possible scope to live as he or she thinks best.
Libertarians see these two ideas as very consistent. But that libertarian perspective only feels consistent if you can accept a previous assumption: that the central state is the most important limit on our ability to live as we think best. For most people in most advanced modern democracies, that hypothesis does not ring true. For most people, its the bill collector, or the ex-wife, or the boss that imposes the most onerous restraints.
If this tandem set of ideas seems remote even in our modern era, back in the 18th century, each on its own would have been inaccessible, never mind both together.
Start for example with the need to confine government. Modern libertarians draw a very clear line between the state and private associations. I.e.: If a town council passes an ordinance requiring all houses to be painted white, thats an outrageous violation of personal liberty, but if a condominium association adopts such a rule, thats a reasonable exercise of freedom of association. But suppose you lived in an 18th century New England town, and the town meeting adopted such a rule. Is the town meeting more like the modern town council? Or the condo association?
That distinction, so legible to us, was not nearly so legible in the 18th century. Were the Penn family the government of Pennsylvania or its owners? Even at the highest level, things were fuzzy. The king of England was yes clearly equivalent to something wed call the state. But Parliament? Was that the state also? Or was it more like the U.S. Chamber of Commerce: a permanent standing body to monitor the government and with some ability to protest and block the governments actions?
The fact is that the concept of the state as presented in some modern libertarian writing owes much more to 19th century German ideas than to the 18th century Anglo-American legacy. In 18th century Britain, the question of whether ministers owed obedience to the king or to Parliament was a blurry and uncertain one. In 19th century Germany and Austro-Hungary, the question was clear: ministers obeyed the monarch. Period. The state as experienced by Ludwig von Mises and Friedrich von Hayek was something outside civil society, something that society could not reliably control, and therefore had to be contained. A John Adams might think of the king of England that way, but thats not how hed think of the legislature of the commonwealth of Massachusetts.
Libertarian psychology would have been even more indigestible to the 18th century mind than libertarian politics. Libertarianism argues that each individual should enjoy the widest possible scope to live as he or she thinks best. Its an attractive ideal, one widely shared by 21st century people. Modern liberals share the libertarian commitment to autonomy, as this ideal is generally called they just disagree about the institutions needed to support autonomy.
But to an American of the Founding generation, the ideal of autonomy would have contradicted four of the most fundamental physical and psychic facts of life...
Frum Forum - Were the Founders Libertarians?