Mark's blog

"Randy" likes Distributed Republic

Though we don't do scheduled TV, my family has been a fan of "My Name is Earl" for the last several years. We watch the episodes at the Official NBC Show Site.

The show is about a bunch of redneck scofflaws. The main character, Earl, is on a mission to right all the wrongs of his past. Ethan Suplee plays "Randy", his little brother sidekick. Randy gets to deliver great lines--after a guest character returns from a "cavity search" at a government building security checkpoint, he asks, "Did they find any? Or have you been brushing real good?"

I ran across Ethan Suplee's blog a while ago and found out he was a fan of Thomas Jefferson, Gerald Celente, and Ron Paul. I left a comment on his site pointing him at Stefan Molyneux's great "Matrix" video. Ethan not only liked that, but also said he liked the link to Distributed Republic that was attached to my name.

Now, if we could just get him to introduce us to Nadine Velazquez from the show! Here she is in character as the illegal immigrant Catalina...



Trouble in Paradise

I've written romantically before about what a nice place I live in. But, it seems that one of the locals is threatening to take away the property of a neighbor and lock him in a cage for a non-crime.

The original posting is at Doug Thompson's Blue Ridge Muse.

One of my longer cross-posted comments follows below:

Doug,

I was not arguing for legalization of one particular substance: marijuana. I don't particularly care how dangerous it is or isn't to the person who decides to use it. I also don't care how dangerous any other substance is--alcohol, heroin, red meat, tobacco, pharmaceuticals or herbal remedies--it is not a crime for someone to ingest these substances. Further, I argued that it is expressly forbidden for federal legislators to make laws against substance use by the Constitution they all voluntarily agree to uphold upon taking office.

What I call a crime is when a person undertakes some action with intent to do harm to another party. According to the link you posted, Ted Bundy was a mass murderer. He should be punished and forced to make restitution to his victims' families. I am not arguing that nice people should not be punished. First and foremost, I am arguing that it is wrong to punish people who do not take some action with the intent to harm others, and you and I and your readers should not give such unjust punishment a shred of legitimacy.

Second, I am arguing that any federal laws that were created against ingesting substances are unconstitutional and were made "illegally". I put the terms in quotes, because we now have diverging meanings of the term "legal". Elected officials who were part of the legislative process you allude to took a solemn, voluntary oath to abide by the Constitution when they took their job. If they thought it was important to write laws against a substance, legislators had the means through the amendment process to do so, as was done with the 18th amendment prohibiting alcohol use. But this prohibition was reversed by the 21st amendment and never repeated for any other substance. The war on drugs uses government guns, jails, and confiscated revenue for a purpose the Constitution never authorized.

Contrast the legislators' "illegal activities"--violating a voluntary oath so they could lend legitimacy to violent actions--to the "illegal activity" you say we must avoid. I don't know the facts of the case against Patrick Fenn, but from your posting, I don't see mention of anything he did that was intended to harm another person. You said that he was growing marijuana for his own use, and that he was also giving it to friends. Even if he were selling it to strangers, this would be a voluntary exchange between consenting individuals. As far as I know, he is not accused of giving it to minors against the wishes of their parents, or misrepresenting what the product is that he is selling, or failing to deliver goods after accepting payment (each of which might fit my definition of crime). The things you say Patrick is accused of are only "illegal" by the decree of the authorities.

So, there seem to be two types of "illegal activity". Rulers are allowed to violate a solemn voluntary oath and authorize force against those who have committed no crime. Under what I take to be your view, this "illegal activity" is allowed. All's fair within the DC beltway because it makes up the "legislative process". But for you and I and Patrick, "illegal activity" is the result of that process, and we better follow it whether we like it or not, otherwise expect a gun in our face while our neighbors cower in fear. Our input into the "legislative process" is to vote for red team or blue team every few years and hope that whoever gets the spoils of our confiscated wealth doesn't find our lifestyle objectionable. Are there two types of people--rulers and ruled? Or are "all men created equal"?

Thirdly, I alluded to the argument that once you empower people to legitimately use force beyond self-defense, it is abused.

You say that you don't advocate "blind obedience to authority" but rather "obeying the law". Maybe you object to my use of the word "blind"--maybe you advocate obeying authority under the full understanding that the authoritarian is wrong, but still we should submit. This would be inconvenient for pot smokers in this case, and home-schoolers, homosexuals, conscripts, and various buyers and sellers in others. But I hope that you don't characterize Stephanie Shortt as "obeying the law". In her case, she is undertaking actions intended to harm another--threatening to lock Patrick in a cage and take his home. Such actions are criminal, and having a fancy title and the sanction of the federal government does not change this. Do you approve of Stephanie's choice (if she were to act upon it, your article suggests it is still under consideration) to prosecute Patrick?

I sincerely hope that the passion of my convictions hasn't alienated you or other readers. I spent years living under different governments, reading, and pondering before arriving at these views. In retrospect, it seems I should have known from the age of six that initiating force and fraud are always wrong. But we receive a lot of conditioning to obey our rulers, and it is too easy for us to succumb to peer pressure and think that we can take a shortcut and use violence to achieve our well-intentioned ends. I hope that, after consideration, you will agree that it is wrong to steal from an innocent, even if you disapprove of his choices in life.

You have your opinion about marijuana being dangerous and Patrick and his friends have their opinion. I believe you volunteer to help people deal with marijuana and other addictions and I find this very admirable. You should be allowed to live according to your opinion and Patrick should be allowed according to his, so long as neither of you intentionally harm another person.

I don't believe I even know Patrick. What is upsetting me in this story is that it is destroying a myth I held about Floyd--that the inhabitants of this small mountain community would value the peaceful choices of their neighbors above the decrees of Washington. It is probably too late to save Patrick, but we all better consider these ideas seriously. The steady accumulation of federal power over decades seems to me ready to collapse upon itself over the next few years. We had better decide for ourselves what is right and what is wrong before we hurt each other any more by "obeying the law".


AnCap Entrepreneur Network

I just returned from my first event at the Ludwig von Mises Institute. I generally pick up the recorded events a few days later on the podcast feed. But, after seeing that Gil Guillory was presenting a paper (scheduled to join the others on his site) "Marketing Subscription-Based Patrol and Restitution", I decided to take the drive down to Alabama to meet him.

Gil's research is on a business model similar to the product I speculated about back in September. Finding Gil's research was a watershed moment for me: this anarcho-capitalism stuff is becoming real. We've studied the ideology, we've discussed scenarios, we see the old economic model crumbling--now it's time to combine land, labor, and capital in the real world. It's time to look at generating revenue streams not decades away, but this year.

I am proposing that we create a network of business people interested in starting profitable organizations based on anarcho-capitalist ideology in the short to medium term. My draft of the manifesto is here. Here's a rough plan for us to develop.

Who's ready to build a free society?


AnCap Entrepreneur Network - Rough Plan

This is the start of my brainstorming, so I'll leave this as bulleted items with minimal explanation.

  • Social networking site - Members' contact info and business skills, member blogs, wiki, private conversations, shared documents. Partner with similar site to leverage hosting and development?
  • Research program for business models and background info - submit to Libertarian Papers?
  • Conferences - Piggy-back on existing conference. Session track at Austrian Scholar's Conference? Other conferences to get geographic/ideological/seasonal spread? Additional smaller, more frequent, less formal meetups?
  • Funding - What model to use: donations in kind (open source)/financial donation/subscription/advertising/pay-per services/paper topic "bounties" (perhaps awarded as prizes at conference and chosen by donors: $300 for best presentation on 'When to Change your Accounting Currency to Gold; a Breakeven Analysis', $100 2nd prize)
  • Expenses - Site hosting
  • Marketing - Associated projects: LvMI, Free State Project, Freedomain Radio, Seasteading Institute, Global Guerrillas (resilient communities and failed states), Factor e Farm (distributed manufacturing, response to unsustainable social institutions)
  • Progression as sector develops - e.g. "Rothbardian Contract Law"
    1. Theory presentation at conference

    2. Course on how to create compatible contracts
    3. Course for mediators/arbitrators (M/A)
    4. M/A network
    5. Advertising for M/A organizations
    6. Feedback from M/A on difficult issues develops theory further
    7. Contract boilerplate for purchase
    8. M/A Certification service
    9. Contract history rating service to certify parties' reputations in honoring contracts

AnCap Entrepreneur Network - Manifesto Draft

Building the Institutions of a Free Society

Mission

Anarcho-capitalism describes a society free of the initiation of force or fraud. Each individual has a right to his or her life, liberty, and property, and no other individual or group can legitimately violate that right.

The State is a centralized organization that inherently violates rights. It funds its activities through extortion. It restricts voluntary trade through licensure, subsidy, and prohibition. It uses its monopoly of force to erode every limitation on its power, and thereby grows until it collapses under its own weight. It demands subservience to its authority.

Many of our relationships with each other are structured through institutions. We use these to simplify our trade, to transmit our culture, to communicate, and to resolve our differences. To the extent that our institutions rely on the State, they are vulnerable. Our institutions can be corrupted as the State engulfs them, or can be destroyed when the State fails.

The Anarcho-Capitalist Entrepreneur Network exists to help individuals cooperate to design and implement organizations that respect the rights of individuals; to create organizations that are completely independent of the State. In time, we hope that such organizations become familiar enough that individuals no longer consider force or fraud a legitimate way to interact with each other.

Operating Environment

The framework of Anarcho-capitalism provides a diagnosis of current events and predictions for future financial and social situations. Generally, we blame the financial collapse of the early 21st century upon fiat currencies and regulations enforced by the State. We blame the violent deaths of hundreds of millions of humans in just the last century on the attempt of various States to establish their authority world-wide. We try to imagine the innovation and wealth that could have been part of today's voluntary economy if it had not been systematically destroyed by State coercion. This gives us a view of opportunities for and threats to our organizations that are different from views sanctioned by the State.

We expect organizations to be regulated by the choice of the participants. To the extent an individual freely chooses an organization, it thrives. We embrace an environment of competition, cooperation, and division of labor.

We do not need to confront the State directly. We can be innovative enough to find spaces where we can operate, prosper, and grow new organizations that simply make the State irrelevant.

We know that, ultimately, there is no State. It is an idea promoted by some individuals to claim legitimacy for their criminal acts of force or fraud. As each individual realizes this, and denies that legitimacy, we will offer them a rich world of institutions that make that transition increasingly easier.

Topics of discussion

  1. Contracts - What form of written agreements should we enter when there is no State to enforce them? How do we establish mediation/arbitration networks?
  2. Competition - Most of our fields will be dominated by a competitor who has established a coercive monopoly, or a few competitors licensed by the State. How do we develop, fund, market, and grow our businesses while avoiding direct confrontation with the established players?
  3. Scaling - When a State fails and its coercive enforcement mechanisms end, it leaves multiple markets open. How can we design our voluntary institutions to expand into these sectors more rapidly than those of criminal organizations?
  4. Labor - Traditional employment is a maze of price controls and regulations. What alternatives are there for individuals to sell labor with little or no capital? Can we design micro-businesses that will let the growing ranks of unemployed produce value for themselves and their customers?
  5. Money - Money forms half of nearly every transaction. For this reason, the State always tries to replace stable commodity money with tokens of promises that can never be fulfilled. How can we provide convenient methods of trade and stores of wealth that avoid State fiat money?
  6. Accounting - The State claims that the point of accounting is to reveal your revenue so it can be taxed. We believe that accounting should help you manage your organization. As fiat money collapses, how do we track our resources through massive price inflation? What are the costs of changing your accounting currency? How will accountants deal with the glut of customers that may need to simultaneously make this change? What has been the experience in other countries that have changed currency?
  7. Security - We do not imagine a world without criminal acts. We merely deny that criminal acts are ever legitimate. We believe we can defend our lives and property without committing crimes against others. As States go through a death spiral of demanding ever more resources before they fail, we can expect high rates of criminal activity that we need to confront and resolve.
  8. Communications - The Internet and the cornucopia of media resulting from it provide a mature example of an industry escaping monopoly control. What lessons can we learn? What is still left to do?
  9. Information Technology - How can we maintain privacy of our own records and effects? How can we convince our customers that we are maintaining their privacy? How can we avoid the intrusive 'solutions' offered by the State and provide secure identification, communications, and storage in a non-authoritarian, distributed environment?
  10. Physical Infrastructure - Roads, power, water, and sewage are typically claimed as monopolies by the State. How do we provide businesses that make changing your utility company as simple as changing your bank?
  11. Medicine/Education - These industries have become so distorted with bad incentives that opportunities abound. How do we avoid the Gordian knot of regulations to provide the value that customer-patients or customer-students want?
  12. Intellectual Property - Whatever the philosophical basis of intellectual property, it is difficult to enforce property rights over material which is trivial to copy and transmit. It will be more problematic when the cartel of powerful States dissolve. How do we design business models to operate in this environment?
  13. Certification - Can people imagine alternatives to such monopolies as the FDA, SEC, and USDA? How do independent certifiers provide audits of companies for financial stability, ethical operation, or adherence to manufacturing standards that give their customers confidence? How do individuals demonstrate their reputations for meeting their contractual obligations? What role can branding fill in communicating confidence?
  14. Black markets - Through regulation, the State has declared some businesses crimes de jure. Some have responded by committing crimes in fact, leading to entire market sectors dominated by violence. What can we do to de-escalate the violence in these industries and return them to voluntary cooperation? If the State outlaws more businesses (banking, firearms, alternative education, alternative medicine, food, children's toys), how do we prevent them from turning to violence in response?

See also:

AnCap Entrepreneur Network - Rough Plan
AnCap Entrepreneur Network


We're becoming mainstream...

Yet [Ron Paul's Campaign for Liberty] has tensions at the philosophical level. One activist observed that there seemed to be many “paleoconservatives” in the group’s leadership, while much of the grassroots were “anarcho-capitalists.” Paul recognizes the fault line. “I have many friends in the libertarian movement who look down on those of us who get involved in political activity,” he acknowledged, but “eventually, if you want to bring about changes … what you have to do is participate in political action.”

--The American Conservative


AnCap Products I'd Like to Buy #3

"Little Guy" hedge fund. If things don't go my way--high inflation, rising cost of credit, risk of unemployment, sons get conscripted, wife isn't allowed to re-enter at the border--make sure my portfolio compensates me accordingly.


The Path to Anarcho-Capitalism

John Robb maps it out at Global Guerrillas.


AnCap Products I'd Like to Buy #2--Insurance against Crime

This product occurred to me as I was listening to a podcast of Chapter 13, "Punishment and Proportionality", of Murray Rothbard's "The Ethics of Liberty". I was contrasting Rothbard's discussion of criminal punishments to Randy Barnett's examination of restitution. Why can't I simply use an insurance policy to determine whatever restitution I deem appropriate if I am the victim of a crime?

I would expect to have a list of crimes--robbery, kidnapping, assault, rape, embezzlement--each with a benefit payable that I determine. If I find the thought of being raped particularly heinous, I would choose a larger benefit (with a proportionately larger premium) if I were a victim of that crime. If being the victim of auto theft did not particularly bother me, I could insure for a smaller benefit.

The insurance company would have to base its premium on the risk of the crime occurring, its ability to investigate the crime, to apprehend and prosecute the criminal, and to receive compensation from a convicted criminal. The company would not make guarantees of conviction or punishment to me, in order that they can negotiate a plea bargain with the criminal to recover the maximum compensation from him. The company may be fortunate enough to recover my benefit from the criminal, or they may have to make up the difference from collected premiums.

My benefit should include a lump sum for "psychic damage" which included any desire I had to see the victim punished. The benefit should also include a varying payout related to the financial costs I incurred from the crime--damage to property and medical costs. An administrative cost could be added according to the number of hours I had to spend assisting the insurance company with investigation and prosecution (perhaps in the standard contract I have to provide "all assistance as required by the company" and I can purchase an optional rider to compensate my time above, say, six hours per claim).

I would expect the jurisdictions I was traveling in to also affect the premium. Premiums may be higher in New York State if they had a legal system that was uncooperative to insurance companies, focusing only on making criminals pay "debts to society" and may be lower in Florida if their judges were willing to enter arbitration with the insurance companies more readily. Premiums on the high seas would be related to the insurance company's ability to privately apprehend and recover compensation from criminals.

If insurance companies were motivated to prosecute crimes for the benefit of victims, would victimless crimes be crowded out of the courts? Would insurance companies provide competitive pressure to make government law more efficient?

Would insurance companies become powerful enough relative to governments that they could provide protection against crimes committed by governments?

Would such organizations become coercive? The easiest way to become coercive would be for the insurance company to lobby for licensure and a mandatory market from the government, then use a monopoly position to prosecute "criminals" in such a way as to maximize their profit. What safeguards could protect against this?

Are there laws today to prevent me from insuring myself against criminal injury? Or could insurance companies be a bridge from the punishment/rehabilitation model provided by governments today to a victim restitution model independent of government?


AnCap Products I'd Like to Buy #1--Medical Condition Insurance

I believe that the most lasting way to remove coercion from society is to replace government institutions with voluntary institutions. Because of this, I often speculate about what sort of institutions would emerge in a free society.

I test these institutions against several ideas:

  1. Do they involve coercion? If so, they simply don't count as a voluntary institution.

  2. Are they monopolistic? Do the institutions themselves have high barriers to entry?
  3. How viable is the business model? Would sellers be motivated to offer the product at a price I could afford?
  4. Most strategically, do current governments establish barriers to entry for my speculative institutions? In other words, could we begin institutions today that are ready to compete with government institutions today and operate without governments in the future?

The first product I would like to buy is insurance against developing a particular medical condition. I would like to pay a regular premium to be insured against the possibility of developing, say, melanoma. If the condition is diagnosed, I would like to receive a lump-sum benefit completely independent of the course of treatment I may (or may not) choose. I am willing to pay larger premiums for unquantified risk, or alternatively to undergo screening tests to quantify risk to secure a lower premium. I would also expect there to be optional riders that raised the premiums and benefits linked to medical inflation.

The main advantage to me as a customer is that I would be in charge of my treatment. I could use my benefit payout to buy treatment from any provider I choose, or to spend on living expenses if the condition interferes with my income.

How does this compare against the points above? In particular, is it possible to simply place a bet against the possibility that I develop melanoma, or is it outlawed through insurance regulation laws?


Roger W. Garrison compares Keynes and Hayek on the Business Cycle

I really enjoyed Roger W. Garrison's lecture from the Mises University 2008 podcasts. He shows mathematically how Keynes' explanation of the business cycle is a simplification of the Austrian view, and thus Keynes' theory misunderstands the full relation between savings and consumption.

Unless you can perform phenomenal feats of mental visualization, it's also necessary to download the Microsoft PowerPointTM presentation "Sustainable and Unsustainable Growth; Keynes and Hayek: Head to Head" from here.


The Course of Human Events

Ad appearing in NY Times 4 July.

H/T Daily Paul


Open Source Wealth

One thing about homesteading farms--it really gives you a feel for the exponential nature of accumulating wealth.

When you start out with an empty piece of land and no infrastructure, it takes you most of the day just to feed and clean yourself. But if you manage to spend an hour or so working on fencing, or digging a septic tank, or building a house, or putting in a windmill, you gradually develop some infrastructure that makes your life easier. Suddenly, you have not just one hour a day to devote to getting ahead, but two, and your projects get done even more quickly. This leads to four hours of productive time, with even bigger payoffs, and so on. Eventually, you find that it takes very little time to actually keep yourself alive and most of your day is spent on either leisure or wealth creation.

Every now and then I'm struck again at the actual wealth of information that has been accumulated and is now freely available to human culture. Communication technology, medicine, philosophy of science--pick your field--even if you exclude the body of copyright protected works, the remainder would allow you to bootstrap your own little corner of civilization fairly rapidly.

Today's reminder was this project to develop an open source tractor (H/T Global Guerrillas).


You say yes, I say no

Looks like Amit and his near miss in yesterday's primary election is the subject of some more cosmo-/paleo- libertarian bickering. The cosmos seem to take the higher ground this time; I get the feeling that Lew just had to vent his disappointment without thinking too carefully about which "side" Amit was supposed to be on.

There must be a numerical term that measures how large a social group gets before it splits into warring factions. I would have thought that with all the discussion of polycentric market solutions that libertarianism would have a much larger number. Guess not.


Replacing the Federal Government

A few days ago, I asked the question, "If the US federal government [were to] collapse, what consensual institutions [would] fill the vacuum? Is the fed's monopoly so tightly held that these institutions cannot begin to form today? Or are there some, like private schools, which can begin to operate in the current environment and be ready for growth once their government subsidized competitors fail?"

I gave a partial answer:

Protection against criminals - The majority of criminal law is handled by State governments, not the feds.

Pensions - If social security disappears in part or in full, there are near infinite investments and charities to support people in their retirement.  

Health Care - If federal legislation on employers becomes unenforceable, insurance companies will have to start serving [individual policy holders as] their customers. There will be some evolution of existing insurance companies, and competitors with new models will arise, but I doubt doctors will stop their practices overnight because they hear on CNN that Medicare is not paying its bills. They will look for other revenue streams.

Currency - I have trouble imagining that financial companies will simply give up if the currency is so effectively debased that their customers are reluctant to accept dollars. I expect that they will compete with each other to offer accounts denominated in foreign currencies or other inflation-proof instruments.

Transportation - The road, rail, and air network is worth incredible value to businesses and individuals. So much of this industry is already semi-private, that I don't imagine it being unable to deal with the loss of subsidies and controls from the government. And I am committing an error of collectivism calling it "an industry"--we are talking about a market of competing companies, some of which will be so dependent on old business models that they go bankrupt and some of which will survive and prosper with new models. "The transportation industry" already exhibits that inherent resiliency of anarcho-capitalism--there is no systempunkt.

FDA, USDA - As soon as these two regulatory bodies close their doors, we would be left with the reputation of the drug company (or even their specific product) or food supplier as an indication of quality. How long would it take before independent labs start offering certifications? Is there any way for them to get a slice of a similar market today and move into drug or food certification when the federal monopoly ends?

With the exception of blatantly coercive acts--waging offensive wars, intimidating other states or individuals, confiscating property--is there a single function of the federal government that couldn't be replaced? If not, why wait?


The Next Boom Industry

Ever since seeing his comment here, I've been listening to a lot of Stefan Molyneux recently, including podcast "292: Freedom Through Debt".

It has me tinkering with a new meme: The federal government is balanced on the edge of collapse because of debt and a dollar rout. When it falls, what will go with it? How many State governments? Any foreign governments holding US debt? Will it be a relatively peaceful collapse as in South Africa and the former Soviet Union?

Which leads me to the title of this post. If the US federal government collapses, what consensual institutions will fill the vacuum? Is the fed's monopoly so tightly held that these institutions cannot begin to form today? Or are there some, like private schools, which can begin to operate in the current environment and be ready for growth once their government subsidized competitors fail?


Playing at the Margins

Okay, I know that some of you take offense at political action as either ineffectual or immoral, but I couldn't help appreciating the use of this familiar public choice argument at DownsizeDC (emphases theirs):

It is very well understood how government grows, and why it is so difficult for taxpayers to protect themselves from the large-scale looting that goes on in Washington . . .

  • Government confers huge, concentrated benefits on select groups of people, while spreading the cost over all taxpayers
  • The groups that benefit from government favors have large incentives to fight for those benefits, while taxpayers have small incentives to fight any particular instance of looting

This essential insight tells us something very important about strategy . . . NO strategy for curtailing government growth has ANY chance of success UNLESS that strategy makes it EASY for taxpayers to fight government growth, and, as a result, more DIFFICULT for politicians to make government grow. We have built our entire organization, and we are basing all of our future plans, on this crucial insight.


Darn! Just changed my mind again!

Okay, I was up this morning at 5:00 pondering your comment, Arthur.

The question of whether we should have gone to war with Iraq is not exactly equivalent to the moral question: "My neighbor appears to be beating his wife--do I intervene with force?" It is equivalent to "My neighbor has beaten his wife. Do I intervene with force to punish him?"

The first question is about stopping an attack in progress. The second question is about retribution, or revenge, or punishment after an attack has finished. But I still don't see an essential difference between individuals joining forces to punish a neighbor and a country going to war to remove a foreign tyrant.

Here are differences I could think of. Are you claiming that one or more of these makes the two questions inherently different?

  1. National war is funded by taxation, which is inherently immoral. I agree completely on the point that taxation is immoral, but I'm not sure that the problem would disappear if different funding were used. If the Iraq war had been directly paid for by private oil conglomerates, do you think it would have been just?
  2. The target of the war was collectively "Iraqis" instead of a specific individual. This isn't the way the war was sold, and this isn't why I think I was wrong to buy it. The objective was to remove Saddam Hussein from power and both overt military power and covert operations were targeted at that objective as specifically as technology could allow.
  3. The guys leading the war were a bunch of morons that made mistakes wiser leaders wouldn't. I don't trust any individual to outsmart reality and avoid unintended consequences. "My gang's smarter than your gang" isn't an effective check against bad decisions.
  4. UN Resolutions and International Law are inherently against our interests. I agree that participating in a crowd encourages you to think you aren't fully responsible for your actions. But this is true both among groups of individuals and groups of nations. And sharing your plans for peer review provides a good check against bad judgment.
  5. No victim raised charges against the aggressor. There were some Iraqis petitioning the US to remove Saddam. It was reasonable to assume that more probably hoped for his removal, but (like an abused wife) were too intimidated to voice their hopes.

I agree that is far safer in the short term and morally unambiguous to never punish an act. Is this the position you hold? Do you hold it on both the personal scale and the national scale? If not, I would be genuinely grateful if someone could show me a way to know when a punitive action (and not just a defensive action) was clearly just and when it wasn't.