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Killing Children is Immoral
Ed Glaeser repeats an argument I first heard Steven Landsburg make: children produce significant positive externalities:
When parents decide to have kids, they are creating a massive benefit for their children. As much as parents may love their children, they are unlikely to reap all the benefits those children will offer during their lives. Economists often think that it makes sense to subsidize behavior that generates big "external" benefits for others: parenting seems like a particularly natural example of such behavior.
Greg Mankiw begs to differ:
Ed is implicitly comparing the utility of having been born with the utility of never having been born. But since we do not observe those people who were never born, how can we possibly know their utility?
Mankiw's objection is silly. If we're going to allow that the unobservability of the unborn's utility is a reason for agnosticism in regards to our population policy, then why not in regards to everything? We should just as surely be agnostic about whether or not to kill people--for all we know, after death they experience a huge amount of utility, whose unobservability properly renders us unsure about whether or not killing is worthwhile: whether murder is a Pareto improvement.
Bryan Caplan parries Mankiw:
Actually, this may well be the easiest utility inference in the world. We know that people almost universally prefer existing to not existing because there are so many cheap and easy ways to stop existing.
Here's an argument I've heard before.
If asparagus plants have little moral worth per se, our question then comes down to this: is it good or bad to create pigs who live for a while and then die? Well, is it good to create people that will eventually die? We usually say yes, if their lives are "worth living" overall. That is, if they get value out of being alive, and are not in a situation like severe torture, where they would rather be dead than alive. So are pigs lives worth living?
We might well agree that wild pigs have lives more worth living, per day at least, just as humans may be happier in the wild instead of fighting traffic to work in a cubical all day. But even these human lives are worth living, and it is my judgment that most farm animal's lives are worth living too. Most farm animals prefer living to dying; they do not want to commit suicide.
If so, the consequence to others of buying that meat in the grocery store, rather than asparagus, is good; you create farm animals whose lives are worth living. And thus the consequence of buying asparagus rather than meat is, by comparison, bad. So if you, like me, think your actions are more moral when you do more good for others, you should agree with me that meat is moral, and veggies are immoral.
From Meat is Moral, by Robin Hanson.
The basic idea is sensible. Like the run of the mill economist, we're going to judge utility by the principle of revealed preference: we're going to watch what people (and in Hanson's case, animals) actually do. Caplan's people and Hanson's pigs have a choice between existence and non-existence--the vast majority of the time they choose existence, ergo existence has higher utility than non-existence. (To be fair, Hanson does allow that some animals' lives may be torture and worse than death, but, he points out, if that's the case then killing animals is merciful).
What's wrong with the argument? Nozick, in Anarchy, State, and Utopia, notes it. I quote Nozick here, though he simply repeats Hanson's argument, because I enjoy his writing style:
One ubiquitous argument, not unconnected with side constraints, deserves mention: because people eat animals, they raise more than otherwise would exist without this practice. To exist for a while is better than never to exist at all. So (the argument concludes) the animals are better off because we have the practice of eating them. Though this is not our object, fortunately it turns out that we really, all along, benefit them! (If tastes changed and people no longer found it enjoyable to eat animals, should those concerned with the welfare of animals steel themselves to an unpleasant task and continue eating them?)
Again, what's wrong? Nozick points out, persuasively:
[T]he parallel argument about people would not look very convincing. We can imagine that population problems lead every couple or group to limit their children to some number fixed in advance. A given couple, having reached the number, proposes to have an additional child and dispose of it at the age of three (or twenty-three) by sacrificing it or using it for some gastronomic purpose. In justification, they note that the child will not exist at all if this is not allowed; and surely it is better for it to exist for some number of years.
The problem is a problem with utilitarianism qua utilitarianism: it ignores the rights of humans (and perhaps animals). There are things which we simply should not do to rights-bearing entities, no matter what the balance of utilities dictate.
Esteemed coblogger and expert unicyclist Brandon Berg repeats Mankiw's argument in the comments of Caplan's post:
Suppose you and your wife decide you don't want to have children. But you could really use some help around the house. So the two of you decide to have a baby and raise him as your slave. By your logic, as long as you treat him well enough that he doesn't commit suicide, this is perfectly legitimate.
And speaking of not having children, it's arguably worse than murder. If you kill a middle-aged person, you're only depriving him of half of his life. But you're depriving every baby you don't have of all of his life.
The utility of not having been born isn't zero--it's undefined because there's no one to look forward to being born or to lament not having the chance. That's why these kinds of comparisons break down.
This argument is not the same as Nozick's. Neither Brandon (from this narrow snippet of his views) nor Mankiw deny the utilitarian calculus's legitimacy; rather they claim only that it fails to function with undefined quantities. Berg and Mankiw are incorrect. Now there may be undefined utilities somewhere in existence, and they may be problematic, but this is not one such case. The utility of not having been born is not only less than that of what the majority of born beings experience, as Caplan claims, but it is zero (there is no more reasonable means of looking at utility that doesn't come into existence. Am I holding an undefined amount of uncreated apples right now? No: I'm holding zero apples.)
The problem is not with the case, the problem is with the utilitarian framework.
UPDATE: The whiff of battered pork seems to be in the air today.
Admit Your Harm
It would be nice if you would admit: you want to make this child worse off, from its point of view, to protect its "rights." Can I please opt out of such harmful rights?
What?
Huh? I am claiming that there are activities we should not do to children, no matter what effect it would have on the total quantity of children. Your argument, as I read it, is that we should legalize anything that increases the demand for children, from pedophilia to Swift's Modest Proposal.
Yes But
Yes, we agree you are saying we should ban certain kid activities. I'm asking you to admit this can hurt certain foreseeable kids.
But What?
Robin, I'm not sure to what you refer.
Yes, banning certain activities will cause certain children never to be brought into existence (and enjoy more utility than if they had never been created at all) and that is foreseeable. I admit that's the case. Is this the hurt you're referring to?
If so, calling that "a harm" is a stretch.
And are you saying you find Nozick's version of your "Meat is Moral" argument applied to humans compelling?
Yes
Yes it is the children that would have existed that your ban harms, by reducing their utility. And yes, I accept Nozick's version. That is, while I would not want to associate with people who would only create and raise children in order to eat them, I have to admit that those children would benefit in that scenario. Will you so admit?
Yes
Robin,
As I said, I admit that those children would come into existence but for my desired legislation. But terms like "harm and benefit" are poor fits for the scenario: it is rather nonsensical to speak of harming or benefitting the non-existent. So I do not admit any harm or benefit to them.
But I will admit that the total utility of society is lower because of my rules against cannibalism.
Regardless, we can get past this evasion of mine. Let us say an orphan--a newborn--will certainly starve to death but for the aid of a rich man, who has no duty to help him. The rich man is willing to help, but the only catch is: he wants to eat the orphan after he's fattened him up a bit. So our possible outcomes, under our different regimes are these:
A. Eating children is prohibited: the rich man sees no reason to aid the newborn, and so the orphan dies.
B. Eating children is fine: the rich man aids the orphan, fattens him up, and eats him. The orphan still dies, but he's lived longer.
The bitter pill you want me to swallow is admitting that under my regime, the one prohibiting eating children, the child will not live as long as under yours, and thus it will enjoy less utility.
I believe I can swallow that.
(That's what she said.)
One might want to spruce up the details of the scenario to make me seem more monstrous for doing so.
Eating adults
It seems as though your last scenario could be done with an adult instead of a newborn. The adult is starving and would die but for the aid of a rich man, etc.
Yeah, I thought of that, but
Yeah, I thought of that, but it seemed to lose its punch. For I'd have no problem if an adult agreed to it--the newborn can't consent, so it makes the problem more interesting.
Then again, if we're acting for the child, we might simply try to mimic what an adult would do in his situation--which may be to agree to being eaten.
This round may go to Robin.
"For I'd have no problem if an adult agreed to it..."
You should, because it would still be immoral to require specific performance after such consent. The adult would still be entitled to retain his life regardless of consent. His right to his own life is inalienable.
I don't see why. That
I don't see why. That strikes me as rather paternalistic.
Depends on implementation
Whether it is paternalistic depends on its implementation. If the state comes in and overrides people's decisions, then that's clearly paternalism. But if a person disagrees with himself, if at one point he agrees to become a slave and at another point says, "screw this, I'm leaving", then it's the individual at one time against the same individual at another time with competing claims. It is not the state against the individual.
If the later individual (who wants to be free) wins his argument with the earlier individual (who agrees to be enslaved), that might be by way of paternalistic state interference in the conflict, but it might not. It might, instead, be encoded in decentralized law.
If you're going to allow
If you're going to allow people out of slavery contracts--which again, strikes me as paternalistic--then I don't see any reason why we shouldn't let them out of ALL contracts. They can always change their minds, and we can structure any attempt to leave a contract as simply changing one's mind.
Failure to respect peoples' decisions, and, if one has the onus of enforcing a legal system, failing to hold them to their contracted promises is paternalism.
Not you, not we
The only paternalistic thing I see here is the idea that "you" or "we" are going to "allow" or "let" people out of slavery contracts. That pictures the situation as consisting of a father-figure (the "you" or "we") who will be doing the allowing. And that is the only thing about it that makes it paternalistic.
No. Here's what I did this morning. I woke up, took a shower, had some breakfast. According to your statement, that is paternalistic, because it involves failing to hold people to their contracted promises. You can't hold someone to his contracted promises and take a shower at the same time. Go ahead and try. It'll be especially hard if you're lathered up but not rinsed. (I am, in fact, an enforcer of contracts; we all are - see below - so I have not missed your qualification of your statement.)
I've argued elsewhere for reputational enforcement of contracts. What that amounts to, really, in an important sense, is non-enforcement of contracts. The "enforcement" arm of reputational enforcement is simply other people declining to contract with the individual who broke his previous contract. In this context, whether a slavery contract will be enforced will be determined by whether other people who are thinking of contracting with a person, will be put off by the fact that he previously broke a slavery contract. Whether people will be put off by that or not is entirely a matter for them to decide for themselves, and if they decide to go ahead and contract with him anyway, then that will in effect be non-enforcement of the slavery contract. But it's not paternalistic, because they are making the decision for themselves, based on their own estimate of whether his failure to live up to the slavery contract indicates that it would be risky to contract with him. Doubtless, would-be slavers will be disinclined to contract with an ex-slave who broke his contract, but it's quite possible that few others would be.
Of course, there remains the matter of the seizure of property. If you contract with someone, then it might happen that he breaks the contract while he remains in possession of some of your property. That property may even be yours by virtue of the contract. I support the right to seize property that belongs to you, forcibly if necessary. But this does not extend to a general right to forcibly compel someone to remain a slave. If you want to argue that the slavery contract makes his own body into someone else's property we can discuss that separately but I won't go into that here; I think it's obvious what my position on this must be as well.
There is also the similar matter of making someone whole after having harmed him. If someone contracts with you and has expenses on the assumption that you will keep your part of the bargain, then if you break the contract you have harmed him in the amount of those expenses, insofar as they are not directly recoverable (e.g. reselling the expensive equipment that he bought). At least, I think this is how contract law works. So you have an obligation to make him whole. But what you do not have is a specific obligation to fulfill your part of the contract.
Something like that, anyway.
Addition
I've been editing the comment, expanding it, but here I'll just append a self-reply linking to supporting material. Googling "break a contract", the top hit is an article stored at JSTOR from the Michigan Law Review. The link is a bit funky so I don't know if it'll work. It says:
As usual with academic products the article might for all I know go on to reverse the obvious significance of this. But at least it's not some idiosyncratic view of my own that I'm advancing.
It is typically hard (not
It is typically hard (not impossible) to compel specific performance of a contract (that is, compel a person to physically perform it). But it is, in my meager legal knowledge, quite easy to get expectation damages (monetary damages) from the breaching party from breach of contract, even under common law, which as I read your position, you'd also object to.
I've responded to only one version of your comment; you'll have to excuse me if my response is thus not exhaustive.
Agreed mostly
Yes. I agree (that is, as far as I know it is true, and anyway it should be true) that if you break a contract you can be sued for damages, a point I brought up and addressed, and no, I pointed it out specifically not to object to it (or maybe my additions were insufficiently scoped to explicitly deal with this possibility - I meant to). But this does not amount to the same thing as enforcement of slavery in the usual sense, e.g., catching runaway slaves, forcing someone to be a slave. Moreover, if the contract is the type of contract that cannot reasonably be expected to be fulfilled (and a slavery contract may be such a contract), then the would-be slavery may be unable successfully to argue that he reasonably expected otherwise, so he may be unable to collect damages from a contracted slave who simply says, "to heck with this".
I believe you are defending
I believe you are defending some form of reliance damages: one should be held liable only to the point that the other party has relied upon him. I can't find anything per se wrong with that, though again, that's not the traditional common law remedy.
Not so specific
I am far from even knowing enough about the details of the law to defend one specific notion of damages as opposed to another. However, backing up and speaking from general principles:
1) Property is property. I agree with using guns (as opposed to reputation - "using guns" is a stand-in, a synecdoche, for using physical force) to recover property, whatever the context. The context may be a contract.
2) Harm is harm. If you mug someone, guns can be used against you. Maybe, in the final analysis, harm coming from a breach of contract may be enforceable by guns.
3) Failure to profit as much as someone would have had the terms of the contract been fulfilled. This is starting to stretch it, though arguably it is a harm in the sense of a lost opportunity (your business partner could have contracted with someone else.) However, it is not arguably a harm if you were a sucker to agree to the contract in the first place. In that case, the other party arguably did not miss any opportunities, since nobody else would have contracted with him had you not contracted with him. In that case you have not harmed him and we enter into a new category. I find the argument for using guns to enforce this to be fairly weak. While I don't disagree with it as a rule, I am not sure about its enforcement. The question for me is whether it can be characterized as a specific subclass of a class of action for which I already agree with using guns to enforce.
4) If you contract with a known drunkard to pilot a ship - you know full well that he is a notorious drunk - requiring that he be sober the whole time, then I believe that in case of an accident some of the fault, a lot of the fault, belongs with you - and therefore, not all of it with him. You cannot place all the responsibility on him, then, for your losses. Arguably, the same applies to hiring people to be slaves. Humans are notorious freedom lovers.
We Disagree
Would you similarly object to me allowing or not allowing you to steal something else? How about kill someone else? Would I be paternalistic in so doing?
Point being, your definition of paternalism is too wide.
This is bizarre. I think your point is I can't be anything if I don't do it full time, from astronaut to accountant, but that's a trite point to make. We can dwell on it, but that doesn't seem worthwhile.
As to reputational enforcement, that's fine; I was under the mistaken belief I was arguing with someone who thought some contracts should be enforced, which I think is more typical among libertarians than you position. Regardless, now I know better.
But of course, much property is the result of contracts, so I very much doubt you don't want any contracts to be enforced. To say, "I'm only in support of seizing property that belongs to you" is fine, but who that property rightly belongs to <i>is</i> (when we're not dealing with inheritance, arguendo, or Lockean acquisition) a function of contracts. And when we (if you object to the pronoun, throw whatever in there you deem to be the proper arbiter of justice) decide which property belongs where, we'll have to decide the legitimacy of the underlying contracts that led to its current distribution--when we enforce property rights, we'll be enforcing those contracts.
I've already addressed your main point
No, my point is that we enforcers are under no obligation to enforce contracts at all. I may be busy doing other things 24 hours a day.
Neither action, taken by an individual, would be paternalistic. It was your manner of talking about it which suggested a pater figure endowed with statelike power. My point was that you imported the appearance of paternalism by your way of thinking about it; it was not in the thing itself.
Point fails since your challenge fails.
Judging by the item I cited, I am on the side of common law. Too bad about the other libertarians.
I already addressed this, which I take to be your main point, the matter of property arising from contracts. Maybe my discussion was in an edit which I posted after you replied.
No, my point is that we
You believe in some form of enforcement in society, that does have a duty to enforce. Or am I mistaken? Even if you believe that courts should be privately funded, you still believe they ought to enforce justice, I presume?
Expectation damages is the traditional remedy at common law for breach of contract. Meaning, if you breach a contract, you are compelled to pay me until I am in the same position that I would have been at but for your breach.
That doesn't seem like something you'd defend, but perhaps I've misread you.
More clarification
I thought that my description of reputational enforcement made it clear that enforcement can be selective about what it enforces without thereby being paternalistic. If I decide to contract with a slave-contract-breaker, I am not being paternalistic, I am merely judging that his breaking of the slavery contract does not make him untrustworthy for the current contract. I am free to select what I "enforce" (the enforcement here being my refusal to contract with a person because of his past history). This selective enforcement does not make me paternalistic. You argued that it was paternalistic, and in response I described a system of enforcement where selective enforcement is not paternalistic. That is a disproof by counterexample.
And no, in the particular subclass of enforcement that is reputational enforcement, there is in fact no obligation to enforce.
Now, someone who is hired to enforce, has an obligation to his employer to enforce. That's another situation and we could talk about it, but my point has already been made. I presented a disproof by counterexample of one of your arguments.
I see. As a matter of fact while there is some sense to it, I do have problems with it if taken to extremes. A little bit of Googling around addressed some of the issues that occurred to me. For example, making Party A fully liable for Party B's failure to profit as much as it would have regardless of Party A's awareness seems to me unacceptable. Suppose you promise to meet someone for lunch, in exchange for a favor. Unknown to you, this lunch was critical to a billion-dollar deal. I do not believe that you owe the guy a billion dollars, given that you weren't even aware of the purpose of the lunch. The bare description of expectation damages fails to say anything about the defendant's state of knowledge, and that worries me. However, a bit of Googling found that a court did indeed rule that what the defendant could reasonably be expected to know about is key to what damages can be recovered from them. See this example. The defendant didn't have to compensate for "special dyeing contracts that the defendant didn’t know about."
I have other potential problems with the law but it may be that these also are addressed in the way I would hope. There is another case that suggests some sort of bound on what remedy can be obtained if the defendant did not explicitly or implicitly take on liability for the loss. Here is the case. Rule is: "In order for the defendant to be liable, there must be evidence that he tacitly agreed to risk liability for a crop loss of the size sustained." The farmer relied on a tractor having lights. It did not have lights. But the seller was still not found liable for the difference between what the farmer actually earned and what he would have earned had the tractor come with lights.
As long as the exceptions pile up nicely, suggesting some level of sanity, I am not overly concerned by the law.
Exhausted
This entire debate has been interesting and given me some attractive ideas to think over.
Nonetheless, I am tired of the topic at the moment, and will not be responding further.
How are these two things different?
1) I steal your hotdog and eat it. Therefore you cannot recover it.
2) I contract to be your slave for a day in return for a hotdog. I eat it and then refuse to live up to the contract.
Now just extend both to larger quantities of stuff and larger time periods to arrive at slavery.
I think it's obvious that you can extract some sort of restitution out of me. What I think however is that it shouldn't matter to you how I pay it. Thus if I contract with you for two million to become your slave and spend the money on my mothers operation then what I owe you is my labor product as a slave minus my upkeep costs as such.
Obviously, being a slave I'm not going to have much incentive to work hard, and so when you subtract out the upkeep costs there won't be much profit. From my perspective you just made a bad deal is all. You paid two million for something worth perhaps a couple thousand if that. So when it comes time to pay restitution should I break the contract well I only owe you a couple thousand.
This whole line of thinking however leads to more questions for me than answers. I'd have to think about it a whole bunch more. So I'm a fence sitter.
I really don't think it possible for someone to alienate themselves from their body the way you would need to in order to sell yourself into slavery.
Paternalism
"If you're going to allow people out of slavery contracts--which again,
strikes me as paternalistic--then I don't see any reason why we
shouldn't let them out of ALL contracts"
That currently is the case for all personal service contracts. What's the problem?
I believe I can swallow
I believe I can swallow that. (That's what she said.)
Triple entendre! Good work.
But terms like "harm and benefit" are poor fits for the scenario: it is rather nonsensical to speak of harming or benefitting the non-existent. So I do not admit any harm or benefit to them.
That's what I meant when I said the utility of the unborn is undefined. Utility is a subjective perception, and you can't have a subjective perception without a subject.
That tension occured to me.
That tension occured to me.
To be more specific, I think if we're looking at the total utility function of society, it makes perfect sense to say: out of the total current utility society enjoys, the non-existent are contributing zero to that amount (which is what I meant). Nonetheless, the non-existent are not enjoying any utility (or any disutility).
So we can speak of how much utility society has and factor in whether or not we should bring more people into existence. But we can't speak of benefiting any particular non-existent person (at least, not while he's non-existent).
Question for Brandon
How did you arrive at the conclusion that given his premises Caplan should think such slavery legitimate? I don't follow the reasoning.
Since the slave-child
Since the slave-child doesn't commit suicide, we know by revealed preference that he prefers a life of slavery to non-existence. This parallels Caplan's argument. From this we can infer hypothetical consent: If we asked the hypothetical child prior to conception if he would prefer a life of slavery over no life at all, he would say yes. If the parents have the right not to have the child at all, they have the right to have him and make him a slave--the child himself would agree if we could ask him.
Of course, this only works if we know for a fact that the parents are having a child whom they would have if they could not make him a slave. Having an extra child and making him a slave is a Pareto improvement, but making a child a slave when you would have had him anyway is not. This may not be possible in practice (on the other hand, there's probably little fairly overlap between the people who have children because they want them and people who would have children just to make them slaves). But for purposes of the hypothetical, assume we can make the distinction.
Hypothetical consent
The hypothetical cconsent to slavery of an imaginary child brings into play the problem of specific performance. Even if Michael Jordan contracts to play basketball for you, you are not entitled to compel him to play basketball. If men have inalienable rights then they cannot contract themselves into slavery. Regardless of what the imaginary child had consented to the living child would be entitled to it's freedom.
Thus if Caplan holds that men have inaleinable rights he can reject the legitimacy of slavery.
Yes, but if they know that
Yes, but if they know that the contract will never be enforced, or that slavery will never be allowed, then they wouldn't bring the child into existence in the first place. The idea being that existence is preferable to non-existence, and thus you harm the child by not allowing him to be enslaved.
I'm curious, John, how would you answer my hypothetical above?
Rights trump utility
"Yes, but if they know that the contract will never be enforced, or that slavery will never be allowed, then they wouldn't bring the child into existence in the first place."
1. So?
2. The supposed contract can be enforced without being just. You would then have slavery but it would not be legitimate. This has always been true whenever slavery existed.
As to your hypothetical I'd say that the rich cannot have the right to eat the child and this trumps any consideration of utility. That is apparently your intuition, but you didn't say so.
Against utilitarianism
Sure, rights trump utility, but I read this blog entry as an attack on utilitarianism, showing one way it fails. For you to say that rights trump utility is all well and good, but you are not, thereby, defending utilitarianism, which I think would need to be the whole point of your response if you are trying to disagree with the blog entry, instead of, actually, agreeing with it and emphasizing how very true it is.
I was defending Caplan
More precisely, I was refuting Brandon's claim that Caplan's position required him to hold slavery as legitimate. It doesn't if Caplan recognizes rights.
The fact that Caplan talks about utility a lot doesn't mean he doesn't recognize rights.
Correction
"That is apparently your intuition, but you didn't say so."
You did say morality trumps utility, which is equivalant.
I don't understand what (2)
I don't understand what (2) has to do with anything, and I gave an answer to "So?" in my prior comment, though one you don't find compelling, apparently.
Regardless, I seem to feel more discomfort here than you. Take the adult who wants to consent to be a slave, with the alternative being death. As I read you, you hold a right to freedom is inalienable, and thus the adult could not consent to be a slave. So your ethics doom him to death, and, which is more, death comes about by preventing him from entering a voluntary contract.
That seems decidedly unlibertarian.
I seem unlibertarian to "libertarian" defenders of slavery
I don't doubt that.
Morality is a consequence of man's nature. It is wrong to enslave a man because of his nature. It's a metaphysical fact that he cannot be separated form his nature, he cannot trade his nature away.
"So your ethics doom him to death,..."
How so? Lack of enforcement doesn't prevent trade - look at ebay. You're free to promise to obey all commands of the rich man, and you're free to keep your promise. He's free to accept your promise.
He's just not entitled to compel you to keep this promise. You already agreed with this in the context of compelling Michael Jordan to play basketball, didn't you?
Yes yes man cannot be
Yes yes man cannot be separated from his nature. But he can be separated from his heart, lungs and liver. A contract that says,
"I'll buy your frontal lobe for 1,000,000, you can deliver it as late as you want as long
as you work for me meanwhile."
does not separate man from his nature, does not alienate his inalienable will but is for all purposes equivalent to a slavery contract.
Since his rights are
Since his rights are inalienable he cannot morallly be compelled to work for you in the meantime.
Doesn't mean he doesn't owe the money back.
Might not owe money
He might not even owe the money back. Consider the contract: the contract is to obey commands and deliver the lobe once one stops obeying. So if the slave stops obeying, at that point the contract stipulates nothing other than immediate delivery of lobe. But a contract can be breached. According to Scott, the rule is "expectation damages". But since the frontal lobe is really nothing but a stick to beat the slave with, it doesn't actually have any value to the slave-owner once delivered. Since the slave owes damages equivalent to that amount (i.e., expectation damages), that amount being (arguably) zero, the damages he owes may be zero, and not the money back. So he gets to keep his dignity, his frontal lobe, and the million dollars.
How so? Lack of
Agreed. I withdraw that particular objection.
If we've spoken of this, I've forgotten it, and either way, at the moment I'm not sure how I feel.
To me, man's nature is an ability to acquire property and enter into enforceable contracts. I don't see anything wrong with contracting one's self into slavery, so long as it's done voluntarily. But many libertarians split on just this issue, so there's probably little to be gained by harping on it.
The morality of voluntary slavery
You contract to be a slave. Your master's first command is to kill Brendan.
Are you morally obliged to do so? Is he morally entitled to compel you to do so?
No you're not, you can
No you're not, you can choose to relinquish your frontal lobe instead.
Not his property yet
I would argue that your frontal lobe is not his property as long as it is part of your body. While you have agreed to deliver it to him at some point, it is not currently his property. What you two have is at this point only a contract requiring you to deliver it (at which point it would become his property). Since all you have is that contract, as discussed, you can break the contract. You may need to compensate him in some other way, but not necessarily by delivering the frontal lobe.
Also, if "expectation damages" are the rule, then you may not need to return the million dollars he paid (or whatever the amount was). You may only need to give him something equivalent in economic value to your frontal lobe. If he has no genuine, demonstrable economic use for your frontal lobe, then you may in fact owe him nothing at all.
Property of the frontal lobe
Property of the frontal lobe is a bundle. From the moment the contract is signed, the master becomes the owner of your frontal lobe, you only retain some usage rights that are defined by the contract, specifically you can use it as long as you do what you're told to do.
I have a very hard time with the notion of damage payments... why should we discount his subjective love for your frontal lobe as an ornament in his office ?
Not possible
From the moment the contract is signed, the master becomes the owner of your frontal lobe
I don't think so. This reminds me of Shylock's contract with Antonio, according to which Shylock would receive a pound of flesh in case Antonio couldn't do something (I guess, pay him - it's been a while). His attempt to recover the pound of flesh led him to being charged and convicted on the spot with attempted murder. While I have no idea whether Portia's argument was in any way valid legally, it seems generally right to deny people the right to the recovery of their supposed property if it is currently a part of another person's body and especially if its removal would result in the other person's death. And if they have no right to take possession of it nor indeed to do much of anything with it, then they have no significant property right in it at all, so it can't really be considered their property.
I've tried to find real-world precedents, but I can't find any. One precedent would be a thief who swallowed the stolen item in such a way that it could not be removed from his body without killing the thief. How would this case be decided? My position would tend to be supported by a judgment that the object may not be removed if the removal would require the killing of the thief. My position would tend to be undermined if it was decided that the right of the property owner superseded the right of the thief to remain alive. (Of course, the thief might be executed for the crime of theft itself, and then the stolen item removed at the owner's leisure).
Correction: a little more Googling found a similar situation, in which the thief actually begs for the stolen item to be surgically removed from his own body, and even in that circumstance, the judge is reluctant.
I have a very hard time with the notion of damage payments... why should we discount his subjective
love for your frontal lobe as an ornament in his office ?
The value has to be assessed by a court, which has no way of entering into the mind of either party. What is left that they can do is assess the money value of the frontal lobe. (It might, on second thought, not be zero, if it can be somehow used, as a kidney can be used.)
While actual courts do tack on awards for mental anguish, I'm not a fan of this practice.
To put your point succinctly:
You can't have slavery by contract since breach of contract is not a crime.
That won't do!
Hey you, I'm getting paid by the word in this gig. I can't afford to have you going around summarizing me in twenty words or less.
Suppose
As part of our slavery contract you agree that I will make all moral decisions for you henceforth. I tell you to Kill Brendan. May you morally do so?
By contract I am the only moral agent, you supposedly have assigned your moral agency to me. By contract I agree to take full responsibility for any deed I order you to do.
But this is not possible, you are by your nature responsible for your actions, you cannot bargain your moral agency away. You can write such a supposed contract on paper and sign it, but you cannot bargain your moral agency away.
Harm
You do not harm someone by withholding from them something to which they are not entitled.
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