Law
Question: Should an employer have to explain and justify his firing of an employee? Should an employer be able to fire an employee for some alleged misconduct, even though the employer never bothered to verify the misconduct, nor even asked the employee for his side of the story? For example, suppose that when the employee shows up for work he is simply told that he's been fired because someone made a complaint about him. The employee could easily prove the complaint to be false but the employer isn't concerned with proof or lack thereof. The employee's reputation in the eyes of possible future employers is damaged, even if the employer never discusses the firing with anyone else. In such a case, should the employee be able to sue for having been fired without proper cause?
Question: Do you have the right to privacy with respect to information that I can gather about you from observation of you while I'm on my own property? For instance, if I have technology that allows me to gather photons or sound waves that you emit from your property while I'm sitting on my property next door, can I post that information on YouTube or Facebook? For example, imagine that I have an infrared video of your activities emitted through your bedroom wall or the audio of your personal phone conversation that can be detected by sensitive microphones from 100 yards away. Have I violated your rights by gathering and publicizing information you've chosen to allow to be broadcast to anyone who can detect it with the right equipment?
Question: Is downloading music from YouTube a violation of intellectual property rights? Given that content creators can remove YouTube videos that violate their intellectual property rights, is it wrong to assume that they consent to the posting if they've not asked to remove it? It is wrong to watch or share clips that seem to be uploaded without permission? It is wrong to download music from YouTube for my own personal use, whether uploaded by the creator or someone else?
Question: Should "stealing valor" be a crime? Rencently, a man was arrested by the FBI in Houston and charged with "stolen valor." This is the charge made against someone who falsely poses as a decorated soldier. Is it proper to make this a crime? Why or why not?
Question: Where is the line between justice and vigilantism? When is it moral to take the law into your own hands – meaning pursuing, detaining, and/or punishing criminals as a private citizen? Suppose that you know – without a shadow of a doubt – that some person committed a serious crime against you or a loved one. If the justice system cannot punish the person due to some technicality, is it wrong for you to do so? If you're caught, should a judge or jury punish you, as if you'd committed a crime against an innocent person?
Question: When is it moral to break the law? Laws should be written to protect individual rights. Unfortunately, many laws today violate rights. When should I abide by a rights-violating law, and when is it proper to break it?
Question: Should the government institute a national id card? Periodically, politicians speak of instituting a national identification card in order to protect identify and track potential terrorists, prevent the hiring of illegal immigrants, stop welfare fraud, and more. Would such a national id card violate rights – or be unwise for other reasons? Are state-level identification cards sufficient? Are they proper?
Question: Should employers ask applicants for their Facebook logins and passwords? More employers are asking job applicants for their Facebook logins and passwords as part of a background check. Of course, applicants can decline, in which case they might not be considered for the job. Should employers be asking for this information? Is it proper to want to check on the online activities of potential employees? Is that an invasion of privacy? How should someone respond if asked by a potential employer?
Question: Are statutory rape laws proper? Statutory rape laws criminalize seemingly consensual sex when at least one party is below the age of consent, but sexually mature, e.g. when an 18 year old has sex with a 15 year old. Are such laws proper? Should the over-age person be convicted if he or she didn't know (or couldn't reasonably know) that the under-age person was under-age? What if the under-age person lied about his or her age? What, if anything, should happen legally when both parties are under-age, e.g. when two 15 year olds have sex?
Question: Why can't a person sell himself into slavery? People often decry indentured servitude, whereby people paid for their travel to America with several years of service. But this seems like a perfectly sound trade given certain assumptions about the terms of that service, e.g. you can't starve or abuse the servant. Is that right? If so, why can't a person sell himself into slavery? For instance, suppose that my family is poor, so I arrange with someone to give my family money in exchange for me becoming their slave, i.e. literally becoming their property. Is that possible? Should the law forbid that?
Question: What should you do for a person that you injured in a car accident that was your fault? Does a person have moral obligations – over and above any legal obligations – to the victim, since the accident was due to your own carelessness or mistake?
Question: What constitutes consent in sex? Can a person give tacit consent by his or her actions? Is explicit consent required for some sex acts? Once consent has been given, when and how can a person withdraw that consent? Does the legal perspective on these questions differ from the moral perspective?
Question: Is the death penalty moral? I understand why people are opposed to the death penalty when there might be genuine doubt as to whether the accused person really committed the crime. Certainly, we've seen cases where DNA evidence has exonerated someone who was convicted several years ago for a crime they didn't actually commit. But if someone confesses to first degree murder and if there's incontrovertible physical evidence to confirm their guilt, is the death penalty then appropriate?
Question: Why is punishing an innocent man worse than failing to punish a guilty man? English jurist William Blackstone said that "better that ten guilty persons escape than that one innocent suffer." What does this mean, and is it true? Is some higher ratio of wrongly-punished to wrongly-released acceptable?
Question: Should SOPA (Stop Online Piracy Act) be supported or opposed? SOPA was recently introduced to the US House of Representatives, then shelved temporarily, and many people are urging businesses and their representatives to oppose it. Would the bill promote prosperity and creativity by protecting copyright? Or does it justify internet censorship and cripple free access of information through online media?
Question: Should it be legal for civilians to own fully automatic weapons? At present, civilians can only own full-auto firearms by special permission of the US Treasury. In a free society, would such weapons be banned or regulated, such that only members of the police and military could access them? As a law-abiding civilian, am I somehow violating someone else's rights by owning an M-16 fully automatic rifle – as opposed to the virtually identical (and currently legal) semi-automatic AR-15 rifle?
Question: What should it mean for a person to be a citizen of country? Suppose that America were a free country, with open borders. What would be the difference between a long-term resident and a citizen? How would that affect a person's relationship to the government? How would a person (including someone born in the US) become a citizen? Could a person be a citizen of two countries?
Question: Should prisons be run by the state or private companies? After reading this Huffington Post article, I wonder whether prisons should be run by private companies or the state. I tend to think private is almost always better than anything state-run, but the current system of private prisons seems to be corrupt at best. More generally, what would a prison system look like in a free society?
Question: What is the proper purpose of bankruptcy laws? When should a person renegotiate his debt with lenders, if ever? Should a person be able to wipe his debt clean by going into bankruptcy? In your 10 July 2011 webcast discussion of strategic default on mortgages, you suggested that a person shouldn't be able to do that, but shouldn't lenders be responsible for who they lend money to?
Question: Is it moral to marry someone just to obtain a green card? Given the difficulties of immigrating to the United States, is it immoral to circumvent those bad laws by marrying someone solely to obtain a green card? Would it matter if the person were a good friend?
Question: Should the state be involved in marriage contracts? Many people say that gay marriage shouldn't be a political issue, because the state shouldn't be involved in defining marriage at all. Is that right? Why or why not?
Question: When is a person (or group) justified in taking up arms against the government? In other words, how despotic must a government be for violent revolution to be morally justified? Before that point, is a person just engaged in "terrorism"?
Question: Should the "Do Not Call" Registry exist? The National Do Not Call Registry was established in 2003, and it's run by the Federal Communications Commission and the Federal Trade Commission. Is this legitimate? Does a person have a right not to be called by solicitors and other unwanted persons? Given that there was no real attempt to come up with a private, market-based solution for the issue of unwanted solicitations, was this a legitimate case of "market failure"? Should advocates of free markets put themselves on the "Do Not Call" list and/or report violators thereof? Why shouldn't a person just hang up?
Question: Do restrictions on nudity and sex visible to others violate rights? While having a zestful online debate, someone claimed that Ayn Rand contradicts herself in claiming that public nudity should be censored. (See "Thought Control" in The Ayn Rand Letter.) Since sex is a beautiful act, why should people be protected from it? Could a ban on visible pornography or sex be a slippery slope to other intrusions by government?
Question: Is it moral to photocopy an essay for a class or discussion group? My friend and I are starting a reading group at our university focused on philosophy, and the group will meet each week to discuss an essay or article related to philosophy. I want to use one of Ayn Rand's essays from The Virtue of Selfishness. I have purchased and own a copy the book. Is it moral for me to make photocopies of the essay for the purpose of the reading group – or would that violate copyright?
Question: Is it moral to torture criminals and/or terrorists? We supposedly were able to track down Osama Bin Laden with information obtained by torturing captured Al Qaeda prisoners. Is it moral to torture criminals, terrorists or other evildoers to gain useful information to fight crime or help win a war? If so, should there be any limits on when and how torture should be used by the government?
Question: Is "extreme couponing" moral? Earlier this year, the Boston Globe wrote about people who engage in "extreme couponing." Basically, they find ways to redeem store coupons in a fashion that still abides by the rules, but they get free stuff out of the deal. Are these people moral, or are they parasites because they don't actually live by trading value for value? Are they violating rights?
Question: How should a person deal with filial responsibility laws? In your April 10th webcast, you discussed the morality of taking care of elderly parents. Some states have filial responsibility laws, which would force people to take care of indigent elderly parents. How should a person would cope with such laws in practice?
Question: Why should a free country have open borders? In your July 24th webcast, you agreed with the questioner that the current laws restricting immigration are wrong. Why? Shouldn't Americans be able to restrict immigration, if they so choose? What, if any, limits should be set on immigration?
Question: Should the police lie to suspects in the course of an investigation? Police routinely do this, usually in order to trick people into admitting something or revealing information they would normally not reveal. Note that the people they lie to may not have been convicted of any crime, and are merely "persons of interest" or suspects. Is this routine constant lying moral? What do you think it does to the policeman's character after many years?
Question: Is it immoral to reverse-engineer a product? Is it wrong to take apart a product, improve it, and then sell this new product to others (or use it for yourself)? Is this considered theft or just productive work?
Question: Why would an ordinary person wish to carry a gun? In your July 3rd webcast, you mentioned that you have a concealed carry permit. Why? Even if a person should be allowed to carry a firearm, shouldn't we rely on the experts – namely the police – to protect us from criminals?
Question: Is it immoral to hire illegal immigrants? While laws restricting immigration seem terribly irrational – both in terms of intent and effects – they are still technically the law. Illegal immigrants often make themselves available for day-to-day work, and hiring them for a day has an almost zero chance of legal punishment for myself for having hired them. Is it moral to disobey an irrational law if I'm unlikely to be punished for it?
Question: Is it moral to strategically default on your mortgage? Suppose that you could continue to pay your mortgage, but you're underwater: you owe more than the house is worth. You realize that you'd save tens of thousands of dollars by defaulting. Would it be morally wrong to default, assuming that you don't engage in any fraud or other dishonesty in doing so? Would it make a difference if you do that in today's highly regulated market versus in a fully free market?
Question: Is it moral to not defend yourself if you will get into legal trouble for doing so? As I understand laws on self-defense, you must be "in immediate danger of death or grievously bodily harm" in order to use lethal force. How is this reconciled with the morality of "shooting before he shoots you" or "hitting before you get hit"? In other words, preemptive attack may be seen as assault, but there might also be a threat of force. Is it moral to not defend yourself to avoid assault charges? In the case of using a gun to defend yourself, this could mean the difference between you dying at the hands of your attacker or living, but going to jail for murder. What should you do?
Question: Should a man unwilling to be a father have to pay child support? Suppose that a man and a woman have sex, and the woman becomes pregnant – even though the couple used contraception based on a shared and expressed desire not to have children. If the woman decides to raise the baby, should she be able to collect child support from the man? What if they'd never discussed the possibility of pregnancy? What if they didn't use any form of birth control?
Question: Should it be legal in a free society to buy votes? It doesn't seem that the practice would violate anyone's rights, so shouldn't it be legal for a person who wants to hold office to pay willing voters to cast their vote for him?
Question: What rights do severely mentally disabled people have? If someone is mentally disabled to the extent that he or she will never be able to be rational and/or live independently, does that person have rights? Who should be financially responsible for the care of such people?
Question: Is it moral to lend a book to a friend? Given the intellectual property issues regarding downloading music, movies etc. would lending a book, say Atlas Shrugged, to a friend or relative be considered a violation of the rights of the intellectual property holder?
Question: Why are subpoenas justified but not compulsory juries? In your 15 May 2011 webcast, you contrasted your position on jury duty with that of Dr. Peikoff's, saying that compulsory jury duty constituted the initiation of force. My understanding is that Ayn Rand's position was that subpoenas and the jury selection process are entirely consistent with justice, as Peikoff mentions in this podcast. Juries are selected using subpoenas. How would you reconcile being for subpoenas but against compulsory jury duty? And, does this also mean that you disagree with Ayn Rand's view of justice?
Question: Are compulsory juries moral? Is it necessary and/or proper to compel citizens to serve on a jury? If not, what is the best way to ensure the right to a trial by a jury of your peers, rather than trial by government agents? Should a free society have professional volunteer juries like the military?
Question: Are building codes ethical? In light of the building earthquake and tsunami in Japan, a lot of people are crediting the strict building codes and urban planning for reducing the damage. Is it proper to support building codes, which limit property rights, if the goal is to prevent damage and destruction in the event of an inevitable natural disaster, such as an earthquake?
Question: Objectivism regards harming yourself or allowing others to harm you is immoral, but how does that apply to sex, particularly sadism and masochism? Should S&M acts be illegal?
Question: Why is receiving the counsel of an attorney a right while receiving health care is not? In both cases, you would receive something that you need for free from the state. So what's the difference, if any? Why should a repeat offender have access to free legal counsel at taxpayer expense while an innocent, law-abiding sick person shouldn't receive life-saving medication or treatment at taxpayer expense? In the former case, the criminal might lose his liberty, but in the latter case the sick person might die. So what I am missing?
Question: Should spousal consent be required for sterilization procedures? A fairly well-known mommy blogger recently revealed that she was required to sign a consent form for her husband's vasectomy. Reading through some of the remarks on her blog, many of her commenters seem to support such a practice, believing that a person has a right to be involved in the reproductive decisions of his/her spouse. I think it's a violation of individual rights, and having had a sterilization procedure myself, I'd have been BEYOND upset if my spouse had been required to give his consent. He was in agreement with my decision, but I can't help but wonder what happens in situations where a person does not want his/her spouse to have a vasectomy, tubal ligation, etc. Any thoughts?
Question: How should I deal with the idea of man-made global warming? What is the proper approach to the whole idea? I can't decide on my own whether it's true or false without educating myself in climatology. And how should I treat others who believe in it just because many university professors do?
Question: What does it mean to treat an animal humanely? The term "humanely" when applied to animals is confusing to me. More generally, what is the proper moral treatment of animals?
Question: Do animals have rights? If not, why not? Given that we don't need to eat animals to survive, shouldn't we be vegetarians or vegans? Also, if animals don't have rights, are people then entitled to do whatever they please with animals that they own?
Question: Are regulations necessarily different from laws? Regulations do not violate the presumption of innocence – they are jurisprudential signals. A law against murder does not violate the presumption of innocence; rather, it is a signal that denotes a consequence that will be levied upon the violator of the law. This is the same standard that regulations follow. A law is a "regulation" on behavior in the way that legislative regulations are, in fact, "regulations" on business behavior. Is this a correct assessment of laws and regulations?
Question: Should private citizens be legally obliged to keep government secrets? Should it be a crime for private citizens to divulge "top secret" information? That is, if I have no specific security agreement or contract with the government to keep information confidential if I come to possess it through no fault of my own? What if lives are at stake?
Question: Is it immoral to cheat on your taxes? It's essentially a lie to protect the products of your labor. So is it wrong just because it's illegal?
Question: What constitutes abandonment of property? Can you forfeit your property by not using it for a certain period of time? Suppose your father cultivated a certain stretch of land and left it to you after his death. After some time, you stop cultivating it and move away. Many years pass. Would someone else be justified to claim the land as his if he starts cultivating it again? Would you have abandoned and forfeited your property rights to it? If so, would it make a difference if you did not move away but continued living in the vicinity, but without using the property at all, not even for a walk?
Question: I have an object in my possession that I stole almost 20 years ago. Finding the rightful owner and returning it is impossible. What should I do? I once lived in a large, very old apartment building, with a bike room in the basement, where residents were supposed to keep their bicycles. The room was virtually unused, as residents tended to keep theirs in their apartments. There were many dusty old unused bikes in there. I cut the lock off one, got new tires for it (the old ones were flat and brittle) and used it frequently while I lived there. I rationalized that a) it was probably abandoned (although I didn't know that, really) and b) the owner was always free to call security, have my lock cut off, and reclaim his bike. When I moved away, a couple years later, I kept the bike. Clearly I shouldn't have done so, and I would never do such a thing today. Should I just donate the bike to charity and move on? This is really bothering me.
Question: Is pirating music immoral? Why or why not? In one way I think it must be immoral because it involves gaining the unearned, but there have been (granted I know little of the music industry) many claims that illegal file sharing has actually been good for the music industry in a number of ways. There have also been arguments that it is not technically theft because it involves copying information instead of physically taking it from the owner i.e. the original owner (and creator) has not lost the music even after you have copied it, but this argument seems shoddy by its concrete bound concept of theft and ownership. Simply put, to me, it feels immoral, but I have trouble conceptualizing exactly why.
Question: Would it be wrong to steal from a thief? If an individual were placed in a position where they could steal from a con-man or a common burglar, and they did, would their decision to steal from a thief be moral or immoral and why?
Question: In the essay "Racism" in The Virtue of Selfishness, Ayn Rand mentions that public institutions and government agencies should not discriminate against or on behalf of individuals. In her talk of private property, however, she says that government should not attempt to prevent private racism in private establishments and that a man's rights are not violated by a private individual's refusal to deal with him. My question is: How are his rights not violated if the owner discriminates against him?
Question: Is there a proper policy on keeping lost property? If one were to find property that had been lost, is there a proper policy which would allow the finder to keep it? The most common example is finding an envelope full of money. Is one even morally obligated to report that he has found it? (Suppose that the owner cannot be immediately located, even with a decent amount of effort.)
Question: What should the US government do about Wikileaks founder Julian Assange? In particular, can and should the US government go after him, given that he is not an American citizen and he apparently committed his bad acts outside of US territory?
Question: Should government officials be punished for rights violations committed via their office? Should the constitution of a rational government in a capitalist society mandate punishment of those in positions of governance who use the power of government to violate individual rights? For instance, McCain-Feingold represents a massive individual rights' violation; that of free speech and association. McCain and Feingold violated their oath to defend the Constitution as did all those who voted for it; George W. Bush explicitly abdicated his oath in his signing statement. Should such people be punished for legalizing such an encroachment? Currently, only Treason is specifically mentioned in the Constitution as a criminal act requiring punishment

