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Culture War Roundup for the week of April 15, 2024

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In the past I've heard a lot of jokes about "The People's Republic of Pennsylvania". I don't know much about the state, but the Secretary of Agriculture has been making news lately.

The latest evolving story is about Rusty Herr and Ethan Wentworth who ran a bovine reproductive services company called "NoBull Sires, LLC".

The dispute arose back in 2010 because the Ag Department sent them a cease and desist plus a statement of fine on the grounds that using an ultrasound was practicing veterinary medicine without a license. The counter argument was that the Ag Department was out of scope of the law. Routine checks don't meet the requirement of "diagnosis and treatment" for practising veterinary medicine, even if they involve an ultrasound machine.

Notably the Ag Department seems to have never filed the paperwork with a court, which is a prerequisite for enforcement. So they were likely aware of the legal issues. In 2020 the Pennsylvania Veterinary Medicine Association sent a complaint to the Department of State.

On April 10-11, 2024 they were arrested and sent to jail for 30 days for "contempt of court". The problem is that the Ag Department seems to have issued the arrest warrant on their own. The case has never been in court. They have not been before a judge.

So they are both in jail serving a 30 day sentence that didn't involve a judge and they haven't been allowed to see a judge.

There is a culture war angle here. The press seems to be reluctant to get involved for a few reasons. These days they like to defer to the bureaucracy, particularly when the Governor is from the right party. Plus Pennsylvania is in play for 2024 so they are reluctant to kick up a fuss that could help Trump.

I'm only finding coverage in the farming press right now and they don't really dive into the legal issues.

https://www.lancasterfarming.com/farming-news/news/livestock-ultrasound-operators-jailed-accused-of-unlicensed-vet-practice/article_39004570-fcd8-11ee-8396-1f8ec41b214f.html

https://agmoos.com/2024/04/17/pregnancy-is-not-a-disease-two-men-jailed-without-bail-for-repro-ultrasounding-of-dairy-cows/

So again we see that whatever the supposed rules and procedures about how these things are “supposed to” work, in reality what matters is what you’re able to get men with guns to enforce. (As I’ve said before, a lesson I learned in 7th grade.)

And this gets to one of my common political arguments and frustrations — the perennial criticism of my support for restoring human authority and decision-making. In (the portion I watched of) Benjamin Boyce’s interview with Aydin Paladin, he makes this standard argument against her monarchism: but if you have a king, then won’t he become a tyrant, and take away people’s freedom by enacting a parade of horribles… all of which, Aydin pointed out in reply, are things which democratically-elected governments have done. People ask ‘what if the local aristocrat makes an unfair/unjust/tyrannical decision?’ as if modern bureaucracies can’t do the same (and throw in all the sorts of mistakes and irrationalities — like the classic ‘you must fill out and submit Form A before we can give you Form B, you must fill out and submit Form B before we can give you Form A’ class of problems — of which only bureaucracies are capable).

What if Baron Such-and-such throws you in the dungeon without trial? Well, what if the Pennsylvania Ag Department does it? The difference seems to be that the bureaucracy adds diffusion of responsibility. If the Baron locks you up, everyone knows who to blame. But when it’s a faceless bureaucracy, full of jobsworth human cogs, who ‘don’t make the rules, just follow them,’ where nobody is to blame; and, like @pigeonburger notes below, nobody in government really suffers serious consequences.

Some people talk about “Brazilification,” viewing us as moving in the direction of that South American nation. I say should be worried less about becoming like Brazil the country, and more about becoming like Brazil the Terry Gilliam film.

How are kings and nobles going to run anything except through bureauracies? These were things created by kings to run their countries. Kings and aristocrats will still need bureaucrats and courts to run things, your just changing who gets to decide what the laws and regulations are, not the need for them.

I believe the answer from a leviathan shaped hole perspective is that the local baron is a face to be appealed to directly who can solve the coordination problem leading to arbitrary tyranny directly.

I've met elected officials, I've met aristocrats(well, pretenders to the same- individuals with the bloodlines to call themselves nobles but without the state recognizing their title). Honestly I can't tell you whether the graf von whatever or the representative for bumfuck wherever is more of a reasonable person on average- I suspect they come from basically similar social strata and are basically similar people. But an aristocrat at the very least has a bigger bully pulpit to get bureaucrats to back down on their vogonity and probably has legal privileges in a monarchist society to effect the same.

Now in practice I think it's more complicated; 'if only the tsar knew' is a meme for a reason. But- formal one man rule seems to incentivize anti-corruption drives at the very least.

But- formal one man rule seems to incentivize anti-corruption drives at the very least.

Not clear that's true. Insofar as power is concentrated, it is easier to identify who you have to bribe. Things like monopoly concessions in return for money (formal and informal) happened a lot in e.g. Elizabethan England, and (I am no expert) presumably other cases of one-man (male or female) rule. On the other hand, that could be attributed to the problems that feudal rulers had in obtaining tax revenues.

However, from an incentives standpoint, it seems that the more powerful the state and the more concentrated that power, the greater the gain and the lower the cost of outsiders corrupting those with power. That's leaving aside "power tends to corrupt, more power tends to corrupt more" considerations.