Unreasonable Contracts

A friend sent me this lecture and we have argued about a question raised in the second half of this lecture about contracts.

The example in the lecture has some tricky aspects so I have simplified the problem for discussion as follows…

A contractor sells his services for an unreasonable price.
The contractor knows his price is unreasonable.
The purchaser is naive but of sound mind and pays the contractor his unreasonable price.

The question is – is a third party (e.g. a Judge) justified in taking the money (less a reasonable fee for the contractor’s services) from the contractor and returning it to the purchaser?

In the lecture example the unreasonable price was extremely unreasonable.
Should the degree of unreasonableness be a consideration?

Why we don’t need copyright laws

Over at the Pirate Party of New Zealand website (where I am now a guest blogger, yo ho ho!), the Pirates outline their core policy. Contrary to what you might expect, the Pirates support copyright laws. Here is what they say about copyright.

Copyright
Because we see copyright as a legal right, not a moral right, we think it should be up to individual societies to democratically decide whether to implement copyright law, and if so, to what extent. The long title of the Statute of Anne 1709 (widely regarded as the beginning of modern copyright law) describes the statute as being for “the Encouragement of Learning” (British Copyright Act, 1709). Similarly, the stated aim of the provision for copyrights and patents in the USA constitution is “to promote the Progress of Science and useful Arts” (USA Constitution, art. I, sec. 8, cl. 8). The Pirate Party believes that modern copyright law is more restrictive than necessary to serve this purpose, and that the purpose could actually be better served by less restrictive law.

So copyright is for “the Encouragement of Learning”. But we have state education for that!

So copyright is also “to promote the Progress of Science and useful Arts”. But we have the Ministry of Science and Innovation for that, and the Ministry for Culture and Heritage!

It would seem that “the Encouragement of Learning” and the promotion of “the Progress of Science and useful Arts” are already more than well catered for by big government with at least three separate ministries with all their ministers, associate ministers and associated minions.

So we don’t need copyright laws!

The Battlefield of the Mind. Eternal Vigilance!

Edward Bernays ‘The Father of Pubic relations’. (November 22, 1891 – March 9, 1995)

“The conscious and intelligent manipulation of the organized habits and opinions of the masses is an important element in democratic society. Those who manipulate this unseen mechanism of society constitute an invisible government which is the true ruling power of our country. We are governed, our minds are molded, our tastes formed, our ideas suggested, largely by men we have never heard of. This is a logical result of the way in which our democratic society is organized. Vast numbers of human beings must cooperate in this manner if they are to live together as a smoothly functioning society.
Edward Bernays ‘Propaganda’ 1928 pg 37.

“Propaganda is the executive arm of the invisible government.”
Edward Bernays ‘Propaganda’ 1928 pg 48.

“If we understand the mechanism and motives of the group mind, it is now possible to control and regiment the masses according to our will without them knowing it.”
Page 71 (1928 edition?)

“Goebbels was using my book ‘Crystallizing Public Opinion’ as a basis for his destructive campaign against the Jews of Germany. This shocked me.”
Edward Bernays

And why We @ Eternal Vigilance bother to blog…

“The best defense against propaganda: more propaganda.”
Edward Bernays

Two women wearing the same dress

Two women wearing the same dress is sometimes a criminal matter.

Two blondes, one dress – a recipe for a catfight

Drinks were thrown and blood was spilt when two blondes clashed in a bar about who looked best in a silver dress, a jury has been told.

Victoria Clapham, 22, wore the dress on a night out in central Wellington late last year. It was given to her by her friend Matthew Vibert and his mother – but she says she did not know he had previously given it to another woman.

Its first owner, Bridget Masters, 20, was Mr Vibert’s former girlfriend, and sparks flew when the two blondes crossed paths in the toilets at the former Temperance Bar on November 28.

In Wellington District Court yesterday Ms Clapham denied telling Masters that the dress looked better on her. The dress is not an exhibit in court and was not photographed for the jury to see.

I Googled “two women wearing the same dress”.

I found this

and this

and this

but I couldn’t find a picture of two women wearing the same dress. The very same dress.

Your search – “two women wearing the very same dress” – did not match any image results.

In philosophy, we call the distinction between the same dress and the very same dress the type–token distinction.

the type–token distinction is a distinction that separates a concept from the objects which are particular instances of the concept. For example, the particular bicycle in your garage is a token of the type of thing known as “The bicycle.” Whereas, the bicycle in your garage is in a particular place at a particular time, that is not true of “the bicycle” as used in the sentence: “The bicycle has become more popular recently.”

You can own a bicycle (token). But you can’t own the bicycle (type). You can own an instance of a concept. But you can’t own a concept.

Advocates of so-called “intellectual property” would claim otherwise. They believe in patents. ‘Patent’ is basically a euphemism for a government granted and enforced monopoly. Were the government to grant you a patent on the bicycle, it would place a restriction on the freedom of everyone else to do what he wishes with his own property. (E.g., if you patent a bike, then that means I can’t use my steel and rubber to make my own bike!)

Concepts are mental entities. The ‘bicycle’ concept exists in the mind/brain of everyone who knows what a bicycle is. The ‘bicycle’ concept is part of me, and I claim ownership, because I claim self-ownership. You have a patent on the bicycle? Sorry, mate. Your freedom ends where my nose begins. On yer bike!

[Hat tip: David Peterson]

Would be Terrorists Escape Justice. Far Leftist Racist Radicals and Environmental Extremists.

I see that would-be Terrorist Tame Iti and his Merry Band of Racist Thugs and Green Psychopaths have got away with conspiracy to commit murder!
They are not going to face Re-trial on the Hung jury verdict.
Why?
We are told that it is not because the prosecution does not have a sound case, but because they don’t think the cost is ‘value for money’!
They say a Retrial also could have ended in another hung jury… to that I say So what!
These Dangerous Arsesholes have got away with planning to kill White people, and training to Kidnap MPs, and other acts of terrorism!
Seeing violent criminals face Justice is one of the few legitimate duties of government.
They have failed us!
I have no doubt had their Neo Nazism been for White Supremacy (rather than Brown) and targeted Maori New Zealanders and Maori MPs that they would have been convicted of more serious charges and face heavy sentences.
(Apparanty the maximum sentence for the charges that have been dropped was 5 years. I ask why these scum were not facing more serious charges than ‘Belonging to a criminal organisation?)
If the State let go White neo-Nazis the public outcry of corruption would be deafening!
So why no outcry when the shoe is on the other foot?

New Zealanders have been robbed of Justice!
A Conviction would have identified the Perverse Nature of Indigenous Rights, The viciousness of The Maori separatists, and the Warped mentality of the Radical Socialist Greens.
With no conviction these dangerous scum can continue to play their favorite parts… as victims of Greedy Whites.
This case was one of the most important trials in Decades yet has ended as a Fiasco!
Its a Flock up of Monumental proportions!
Parliament Flocked up the legislation.
The Police Flocked up their collection of evidence, and failed to charge these criminals with conspiracy to commit murder, and Kidnapping, etc.
The Jury Flocked up their verdict.
And Now the Prosecution has Flocked up by quitting!
Its Travesty upon Travesty!
They couldn’t even get a conviction on a bunch of bumbling deranged Communist Morons they caught Red handed planning terrorism.
They cannot be re-tried on this charge, yet I ask this question… Do the Police have evidence enough to lay different charges against them?
Tim Wikiriwhi.

Note: It is more accurate to classify the Radical Separatists and Green Extremists as Far right Fascists, though they like to consider themselves to be Far Left Communists.

Dont you know this is the Land of Confusion?!!!

‘Urewera Four’ will not be re-tried

No retrial of Urewera Four

I’m working for the government!

It’s true, I am working for the government (although right now I am procrastinating by writing this blog entry).

The pay is not good – in fact – I am the one who has to pay. And woe to me should I make a mistake.

I don’t actually mind paying taxes – what I hate is the work that I am forced to do.

Lock ’em up and throw away John Key

In a democracy, the majority rules either directly or through its elected representatives. The law is whatever the government determines it to be.

Laws aren’t necessarily based upon reason but power. In other words, democracy is just another form of tyranny — tyranny of the majority.

Walter Williams Conflict: The Battle Hymn of the Democracy 1 March 2006

Some months ago the Sunday Star-Times organised a series of questions to put to the prime minister, John Key, and printed them along with his replies.

This was a worthwhile exercise in open democracy.

My question was along the following lines: “Your predecessor Helen Clark famously declared that the role of government is whatever the government defined it to be. What is your idea of the proper role of government?”

Mr Key replied that his view was a pragmatic one: the government should do whatever works.

Roger Kerr Black or White: Good Cat is Mouse-Catching 26 October 2010

Key said … “In the end my job is to get people to vote for National.”

Danya Levy Key: National will look for new partners 7 May 2012

Give me Liberty, or give me Death!