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by hairofadog 1679 days ago
To nitpick your framing a little bit, while it may illegal to sell raw milk, I doubt it's illegal to buy it, which is a distinction that has to do with scale (one could sell raw milk at scale, but not consume it at scale).

I haven't researched raw milk and I have no idea how dangerous or safe it may be, but the motivation is to prevent sale of [dangerous thing] to people who may not be aware of the dangers of [dangerous thing]. To use another silly example, let's say there's an entrepreneur who sells a toxic mixture of chemicals as a "health drink"; you could argue about whether that should be legal or illegal, but I don't think anyone would say it's a no-brainer that a law prohibiting the sale of that health drink exists on the right, strictly-exists-to-curtail-individual-freedom side of of your spectrum.

To your point, I can think of a few laws that do belong on the right, "I just don't like it so it should be banned" side of that spectrum, and things that come primarily to mind are puritanical laws banning transactional sex, consumption of certain media, prohibition of selling alcohol on Sundays (which is a religious, not health, concern), decency laws; things like that. I don't think FDA regulations belong in this category.

1 comments

> but I don't think anyone would say it's a no-brainer that a law prohibiting the sale of that health drink exists on the right, strictly-exists-to-curtail-individual-freedom side of of your spectrum.

If I understand your double negative correctly, then I am nobody. A law like that does strictly restrict freedom - it makes it illegal to do something which does does not itself restrict other's freedoms. It trades freedom for safety, instead of balancing the freedoms of different individuals.

Whether such a law is good or bad is besides the point - such a law would strictly reduce freedom.

Well, a couple of things:

You're changing the framing from "strictly exists to curtail individual freedom" to "strictly reduces freedom", which are two different things. The first means the intent of the law is to reduce freedom for the sake of reducing freedom, and the second means it's a strictly enforced law. Those aren't the same, but from what I can understand of your argument it seems like you're saying the reason for rules preventing sale of toxic chemicals is strictly to curtail individual freedom? Do I have that right?

Second, if I understand you correctly, not only would you be ok with a company selling a mixture of toxic chemicals labeled as a health drink, but you think it's a no-brainer that they should be allowed to do so? Lead-based paint, asbestos insulation, salmonella-laced produce; the company is free to make them, and the consumer is free to choose to buy them, so what's the problem? Do I have it right?

I can't get my head around that, if that is what you're saying, so I guess the no-brainer is me.