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Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by bawolff on Sunday September 13, 2020 @07:08AM (#24460051)
You can have unlimited liability corporations, but that is beside the point.

All legal concepts are government created fictions. That includes everything from corporations to parking tickets. Why do you think corporations are government created concept but liability isnt?

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by unishark on Sunday September 13, 2020 @08:05AM (#24460274)
I don't get why people are making this case. I don't think the idea of a C corp belongs in quite the same league as the idea that murder is wrong.

Reductionism can be useful for argument but can also go too far and lose the point.

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by dragonwriter on Sunday September 13, 2020 @02:53PM (#24463029)
> I don't think the idea of a C corp belongs in quite the same league as the idea that murder is wrong.

Wrongness (subjectively, at least; let's avoid the question of objective morality) exists independent of government, and independent of liability.

But liability is a creation of government through law, just as much as limitations on liability are. Which is why government has the power to limit liability; if liability was independent of government, government would also not be able to limit it.

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by syshum on Sunday September 13, 2020 @04:23PM (#24463681)
If liability does not exist outside of government then there is nothing for the government to limit, it would just be called liability, not limited liability.

Why would government create something then proceed to limit the very thing they created, that make no sense

It is limited liability because liability existed before the government, then the government came in to limit it

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by dragonwriter on Monday September 14, 2020 @06:10AM (#24468524)
> If liability does not exist outside of government then there is nothing for the government to limit, it would just be called liability, not limited liability.

No,the premise is wrong. Government existed, and created liability, before government also created liability, so when government created limited liability, liability did exist to limit, even though that existence was not independent of government.

> It is limited liability because liability existed before the government

No, it 's called limited liability because liability existed before the limitation, not because liability existed before government.

Just like the FISA limits on government surveillance are called limits on government surveillance because government surveillance existed before FISA, but not because government surveillance existed before government.

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by syshum on Monday September 14, 2020 @07:28AM (#24468924)
Of course government surveillance did not exist before government, however surveillance certainly did, and rules put in place to limit government surveillance highlight this state, so that is a poor example
Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by unishark on Monday September 14, 2020 @06:54AM (#24468737)
> But liability is a creation of government through law, just as much as limitations on liability are.

Except, liability implements that innate sense of "wrongness" you and the other poster referred to, while limits on liability violate it. So in that sense one is justice (however flawed or approximate it may be in implementation) and one is injustice.

But my statement was even simpler than that. The limitation of that liability transfers it to an abstract construction (called a corporation) we just invented. Let's call it a "person" for dramatic effect(after all SCOTUS did). You can either hold a real physical person liable for an injustice they committed, or you can hold an imaginary person liable. There's a difference.

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by bawolff on Sunday September 13, 2020 @03:16PM (#24463182)
Liability is the government trying to model "wrongness", not wrongness itself. There are certainly wrongs that can be comitted that you are not liable for, and there are probably things that you are liable for that aren't "wrong"
Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by syshum on Sunday September 13, 2020 @12:24PM (#24461886)
>>All legal concepts are government created fictions.

This is often the diverging point between a libertarian outlook on the world, and an authoritarian one.

To the Authoritarian all laws are just social constructs created by governments, thus it is all subjective and there is no objective truth or unethical laws

To libertarians like myself we believe in the Lockean concept of natural rights, where by laws and governments are erected by man to protect those natural rights and any government that goes beyond that goal is Authoritarian and unethical.

To summarize Frédéric Bastiat "The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties;"

Ethical Governments are formed to enforce this law, these natural rights, to provide a common defense force of a persons natural rights.

Ethical Governments are not formed to control and regulate all aspects of society at all levels and on all subjects

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by bawolff on Sunday September 13, 2020 @03:24PM (#24463246)
That doesn't make a lot of sense.

If you believe that there is some sort of natural rights that laws should reflect, than you believe that you can have good laws and bad laws. This implies laws are social constructs (that attempt to model some sort of semi-objective moral truth). If laws were not a social construct but objective rules, it would follow that there is no such thing as a bad law as they are the ground moral truth by basically fiat (which i would call the authortarian view)

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by syshum on Sunday September 13, 2020 @04:25PM (#24463700)
What, I have read your comment multiple time and I can not make any sense from it.

I have no idea how you get from me expressing support for the basic idea of natural human rights to "there is no such thing as a bad law".

Of course there still could be bad law and object moral truth. Those laws would be immoral and we have all kinds of unethical and immoral laws today on the books. Many protests and riots have been done recently due to many of these immoral laws

I have no idea how you got from A to B in your comment

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by bawolff on Sunday September 13, 2020 @05:05PM (#24463939)
For reference here is how i got here:

You claimed "To the Authoritarian all laws are just social constructs created by governments, thus it is all subjective" with the implication that libertarians (which you are arguing for) believe the opposite.

Thus you are claiming: "laws are not subjective"

By which i took to mean (this might have been a slight leap on my part now that i look at it again): laws are not simply someone's decree, and falliable like all human creations, but instead they have some deep truth or objective reality to them.

I concluded from this: laws cannot be bad, because that contradicts the idea that they have "truth" and are objective.

I don't believe you can judge something objective good or bad. Objective things just "are" they are neither good nor bad. Good and bad are the realm of the subjective.

Re:CA Law Was to Give Uber Drivers New Protections. Instead,... by syshum on Sunday September 13, 2020 @05:59PM (#24464284)
No I believe laws SHOULD be based on on some deeper truth, that deeper truth for libertarians is The Philosophy of Liberty also known as the Self Ownership Principle [1]

Good, Ethical and Moral law is then derived from this objective principle

unfortunately, law by no means confines itself to its proper functions. The law has been used to destroy its own objective. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense. [2]

[1] https://www.youtube.com/watch?v=M9srplWe_QQ

[2] http://bastiat.org/en/the_law.html