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Source link: http://blog.mises.org/6118/new-hampshire-a-model-for-the-nation/

New Hampshire: A Model For The Nation

January 9, 2007 by

Why does it always have to be California? New York? Massachusetts?

Why not New Hampshire?

New Hampshire: The Land of “Live Free or Die: Death is not the worst of evils.”

The home of Daniel Webster, Horace Greeley, Mary Baker Eddy, Franklin Pierce, Robert Frost, Maxfield Parrish, Alan B. Shepard Jr, J.D. Salinger, Ken Burns, and Dean Kamen.

Home of the fourth-largest legislative body in the English speaking world with 400 members. Only the US House, the British House of Commons and the Indian Parliament are larger. The position pays just $100 per year plus mileage.

The land of no state income tax, no sales tax, no mandatory seatbelt law, no motorcycle helmet law, no mandatory car insurance, no non-smoking laws, no trans-fats ban, no prohibition on foie gras, aluminum baseball bats reign free, cell phone calls allowed whenever you feel the need to take the call, mail order pharmaceutical plans, Wal-Mart, candy-flavored cigarettes, the last death penalty execution occurred in 1939, no mandatory public kindergarten, and a semblance of local control.

Why California? Why New York? Why Massachusetts?

Where you are told where to smoke, where to work, where to play, what to eat, what to do, what to drive, when to educate your child, when to laugh, when to fish, how to cook, how to invest, and how to live…

{ 65 comments }

averros January 12, 2007 at 9:22 pm

you’re [affected by the] conditioning

Sam January 12, 2007 at 9:45 pm

Actually I was thinking that individual driving equalled more freedom because the driver could go where he wanted, when he wanted and return when wanted. Most mass transport is about adhering to pre-set destinations and pre-set arrival and departure. But then again there are taxi cabs, charter planes, etc.

Sam January 12, 2007 at 10:04 pm

How would you define self-defence in a Libertarian society averros? Especially if found you’re in a dark alley holding a smoking gun and a dead guy on the ground who’s also clutching a gun? How could you show that you were the victim who acted in self-defence or a murderer claiming self-defence? Would a unwritten Wild West rule be that the one who’s alive gets the benefit of the doubt? If this allows a loophole for a sleight-of-hand murder then so be it? Or would the remedy be don’t go down empty streets rather find one with onlookers who can serve as witnesses?

I’m sure it’s safe to say that self-defence in modern society is rather tricky to defend without witnesses.

Peter January 12, 2007 at 10:39 pm

How do you deal with that situation today, Sam?

Sam January 12, 2007 at 11:07 pm

Well like I said before people are more likely to get hurt or killed in a domestic tiff than the unknown violent intruder/mugger/serial killer. And yes luckily enough I haven’t been held up by the violent mugger/killer hence I can’t comment personally. But viewing legal cases (hence how modern societies currently legally deal with the situaton) about folks who haved shot someone else dead on the claim of self-defence doesn’t fill me with awe that people can act in self-defence and expect the law to necessarily back them up.

Steve Consilvio January 12, 2007 at 11:26 pm

The road is a public place. Use it at your own risk.

When the government compels people to purchase insurance, then it gives an advantage to a private industry. Obviously, having the government insure drivers would be just as bad.

People are more reasonable than you think.

Before you can arrive at a policy, you need to arrive at the principle. Accidents happen, it is part of life. Insurace is based on the false economic claim that pooling risk lowers risk. That’s crazy. The risk is exactly the same, but now an insurance agent is profiting on the fear of accidents. Like taxes, it is an increase of overhead. Not only does insurance not lower risks, it actually increases the costs of driving and of society as a whole. All those people pushing paper are not doing anything productive.

No insurance should be mandatory, and no court cases should be heard for what happens on a public road. Nobody drives with the intention of harming themselves. The whole insurance system is a mathematical farce.

http://www.behappyandfree.com

Reactionary January 13, 2007 at 3:59 pm

Steve,

“The road is a public place. Use it at your own risk.”

Again, this is tantamount to saying that you assume the risk that other people will act irresponsibly, which effectively means that responsible people will bear the costs imposed by irresponsible people. Obviously people with assets to protect would not tolerate such a situation, so there would be massive capital flight from any place where insurance was not widely purchased, if not mandatory as a condition of living in the community.

Sione,

Your post is incomprehensible.

Michael A. Clem January 14, 2007 at 12:55 pm

There is much confusion about what insurance really is. The common idea is that it is about pooling risk among large numbers of people. But the best description of what insurance actually is (or perhaps I should say “should be”, given government interference in the insurance industry), is that of grouping the risk of a homogenous group of people. “Homogenous” so that these people are in the same category or level of risk, and thus, while no one can predict which particular people will need the insurance, the insurance company can statistically figure out what percentage of people will need payouts, and thus determine appropriate rates of insurance.
Mixing different groups of people (such as race-car drivers with commuters or weekend drivers) means that low-risk people are subsidizing the costs of high-risk people. The cause of the high risk might be irresponsibility, or it might simply be a different set of circumstances. Mandatory insurance thus tends to lead to mixing different groups and thus forcing low-risk people to subsidize high-risk people (unless you have an exceptionally enlightened government regulation).
Overall, real insurance is a benefit to individuals who want to minimize their risk, especially if the insurance company is doing a good job of grouping people and their risks. Uninsured motorist coverage is your best bet if you are worried about OTHER people, because as has already been pointed out, mandatory insurance cannot guarantee that everybody will have insurance, and I would bet that mandatory coverage actually weakens the value of insurance in the first place.
Insurance companies could be doing more to “punish” people, if allowed to, without being an authoritarian government. For example, you pay for uninsured motorist coverage, and if you get hit by an uninsured motorist who cannot cover the costs of damage, the insurance company covers your costs, and then they should be able to pursue recovery of costs from the other motorist. Thus, he faces financial risk and ruin for driving without insurance. As it is now, the government simply makes you pay a small fine (relative to possible damages) if caught without insurance.

Reactionary January 14, 2007 at 1:06 pm

Michael,

UM/UIM insurers are allowed to pursue subrogation against uninsured drivers and frequently do so particularly if the UM/UIM is a wage earner. For that matter, the UM/UIM is subject to personal liability to the individual plaintiff or must face the prospect of bankruptcy. There is actually all the incentive out there that one needs to purchase insurance. It’s just that there are also lots of irresponsible people with nothing to lose.

Michael A. Clem January 14, 2007 at 1:31 pm

Nothing to lose but their cars, you mean, or else how did they get into a car accident?

Michael A. Clem January 14, 2007 at 1:39 pm

Sorry, shouldn’t have been so short in my response. In real insurance, the payments by the insured will cover the costs of damages. The insurance company being able to recover costs is a bonus, and the incentive for them to ensure that the responsible party doesn’t get off scot-free.
The question is which system is most effective at deterring uninsured motorists, a mandatory law or the natural workings of insurance and a restitutional legal system?

Sione Vatu January 14, 2007 at 1:54 pm

Reactionary

Premise: The road owner does not require drivers of vehicles traversing his property (the road) to possess insurance.

1/. An individual taking car onto road assumes certain risks in so doing. One of these is that he may be involved in a crash which damages or writes-off his vehicle.

2/. The decision to venture onto the road is that individual’s choice. There is a risk that comes with this decision. That risk his or hers to bear. That is, it is the individual’s risk to bear. He or she may or may not make further decisions to limit the downside of the risk being taken. It is still the individual’s risk to take and to deal with the consequences of.

3/. Subsequent to assuming the risk it is possible that a crash may occur. Further it is also possible that the crash can be shown to be caused by some other party who is held to be “at fault.” Further it is possible that the “at fault” party may not be able to make restitution. Those are all part of the risk assumed when taking one’s car onto the road.

4/. It is invalid to attempt to force other people to subsidise your risk downside.

Now what don’t you comprehend precisely?

You write: “Again, this is tantamount to saying that you assume the risk that other people will act irresponsibly, which effectively means that responsible people will bear the costs imposed by irresponsible people.”

That occurs now in many situations (and not only for driving cars on roads). It always has occurred and it always will occur. Responsible people need to be cognisant of irresponsible people. There is a risk that the actions of the irresponsible may harm you. That’s part of life.

You wrote: “Obviously people with assets to protect would not tolerate such a situation, so there would be massive capital flight from any place where insurance was not widely purchased, if not mandatory as a condition of living in the community.”

To demonstrate your statement is false, visit New Zealand. There one will find some of the finest roads in the World. Some feature breathtaking scenery, some are real driver’s roads (very challenging and a lot of fun) but no matter where you drive over there, third party insurance is not compulsory. People with assets (such as very expensive automobiles, trucks, motor-homes etc.) tolerate this situation. There has not been massive capital flight (but there has been a massive capital in-flow into NZ).

I assume the context was that of driving on roads. If not, you should state up front what the revised context is and why you have chosen to expand it.

Sione

Reactionary January 15, 2007 at 1:29 pm

Sione,

What I don’t comprehend is how you arrive at an ethic whereby people assume the risk of breach of duty by others. If I get drunk, hop in my car, cross the centerline, and wipe out your family, you would not be able to recover a penny because, after all, your family assumed the risk of drunk drivers. Can you see why your novel legal regimen makes no sense and would be rejected by anybody with assets to protect?

Re: New Zealand, it has socialized the risk of accidental injury by public health care and, at this point anyway, its society is cohesive enough to bear the cost. Also, its legal system follows the common law rule of requiring negligent parties to pay for the damages caused by their negligence.

Sione Vatu January 17, 2007 at 2:54 pm

Reactionary

You wrote: “If I get drunk, hop in my car, cross the centerline, and wipe out your family, you would not be able to recover a penny because, after all, your family assumed the risk of drunk drivers.”

Depends on context. Staying with the original premise, we have these options:

1/. You died at the scene. It is subsequently determined you were at fault 100%. Your estate can’t pay restitution.

2/. You survive the accident. It is subsequently determined you were at fault 100%. You can’t pay restitution (lack of wealth, resource, nature of injuries sustained by you – whatever).

3/. You survive the accident. It is subsequently determined you were at fault 100%. You have sufficient wealth to pay restitution.

I may be able to extract some cash from you in case three. However in all three situations the losses are irrecoverable. It is impossible for you or anyone else to repair the damage done. The presence of insurance or lack thereof makes little difference.

My family in venturing out onto the road assumed the risk that there may be an accident. That risk includes the three possibilities listed above (and others as well).

How is compulsory insurance going to protect my family in the situation exactly? Even had you been insured, you can’t raise the dead. You may have been insured but insurance didn’t stop you from having the accident. My downside (not to mention that of the family) is unaltered by the presence of an insurance scheme.

Regarding New Zealand.
You are starting to dissemble and prevaricate. While aspects of the NZ Health system may be socialised, that has little bearing on the topic of assumed risk. As far as I recall (having resided in NZ for many years) the NZ health system does not assume responsibility for repairing cars, trucks, cargo, property etc.

Secondly, your knowledge of NZ Law is erroneous. The individual is frequently prohibited from taking action to extract damages from negligent parties. The Common Law principles which would recognise such a right have long since been superceded in NZ legislation.*

Third. Still no capital flight from NZ due to insurance or lack thereof.

Sione

* interestingly, one of the somewhat pragmatic principles applied by the framers of NZ legislation was that of avoiding the litigious nightmare that exists in the USA. There was a real repugnance for that and a strenuous effort undertaken to avoid it. Of course, that does not mean that NZ legislation is perfect- far from it, but it did influence the bias towards a “no fault” premise.

Don Birkholz April 3, 2007 at 4:04 pm

Very few people know that if you force an indigent to buy auto insurance (Say 500$ worth), they can go down to the food stamp office and get it back). I collected 3,000$ of food stamps starting in 1987, due to Montana’s auto insurance law.

I then did a food stamp study that linked many food stamp skyrockets with auto insurance laws.

Then I got the DPHHS to do a survey in Billings, MT that indicated 12 of 96 food stamp applicants listed auto insurance as a reason for needing food stamps (thats 30,000 over the last 20 years in Montana).

So, before the states require any more indigents to buy auto insurance, they should watch their food stamp numbers. I have started an organization for those opposed to auto insurance (type in mandatory auto insurance in the blog search and you should get it on the first page, or type in Don Birkholz in the blog search).

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