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Johnathan's avatar

There seems to be a problem in thinking about the role of government that I don't know how to resolve: For any possible issue, there exists an argument for government intervention due to 3rd party effects / externalities. These arguments are many times very far fetched or highly implausible, or not very important, but people deserve a response to them. A perfect example is kidney sales. It's a very easy argument because the property rights to a kidney are well defined. However, the argument somehow devolves into worrying about the small chance that someone is killed for their kidney and ignores the patients with a 100% chance of needing a kidney. It's almost like there needs to be a social norm established where the burden of proof should be on the person who invokes the sci-fi third party effects that could possibly happen. David Friedman has done a good job of explaining why determining who properly owns a piece of property is far more complicated than most people think. This is where I run into trouble: I don't think efficiently assigning property rights is as easy as some libertarians believe, but I rarely buy other people's externality arguments, and in agreement with your post, government intervention is a new externality problem aimed at fixing another externality problem.

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Dave92f1's avatar

I phrase the problem as "How to prevent the strong (including strong coalitions) from preying on the weak?". I think your formulation boils down to much the same thing. (If you disagree, I'm very interested in your thinking.)

You say "crimes are mainly actions that have expected benefits to the agent but larger harms to others". From a rights-oriented viewpoint, there's a huge problem with that statement.

In practice, people do seem sympathetic to cases with apparent positive-sum outcomes - if a starving man steals a piece of bread from a wealthy merchant, there's a rights violation but few people support harsh punishment for such cases. By your formulation, maybe there's no "crime".

But If a sex-starved man rapes a woman, one could argue that the harm to the woman is less than the benefit to the man, but most people would be horrified at the idea that the relative harms and benefits make this "not a crime".

And, of course, your formulation says there's no crime when 5 starving people murder 1 innocent to eat him (saving 5 lives at the expense of 1), and no crime when a stadium of spectators enjoys the torture of a single innocent, provided the benefit to the spectators is greater than harm to the innocent. To me, just because the outcome is positive sum doesn't automatically make it "not a crime".

Some kind of rights framework seems necessary.

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