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> The limit of freedom is generally agreed to be "one person's freedom ends when it begins to infringe the freedom of others". Speeding definitely crosses that
by wavemode 2y ago
> The limit of freedom is generally agreed to be "one person's freedom ends when it begins to infringe the freedom of others". Speeding definitely crosses that line.
The reason I'm not free to assault others is because I'm directly causing them to lose their right to life and/or well-being. Whereas speeding merely creates a risk of harm, not harm itself.
Almost anything could be argued to create a risk of harm to others, including driving itself. If we outlawed driving, we would certainly be saving a lot of lives. But we don't, so clearly there is more at play here than the mere fact of creating risk for another human being.
So I think your wholesale dismissal of the argument for personal freedom and judgment, on the basis of infringement of other's rights, does not really hold up to practical scrutiny.
- kerkeslager 2y ago> The reason I'm not free to assault others is because I'm directly causing them to lose their right to life and/or well-being. Whereas speeding merely creates a risk of harm, not harm itself. And speeding is illegal. So it seems we as a society have agreed this is not a violation of personal freedoms. Your argument here is really "speeding is okay and speeding creates risk to others, therefore I should be able to create risk to others"? Do you see how maybe that doesn't work here? Let's start with: "speeding is okay" isn't in evidence. That's the thing you're trying to prove, so you can't just start by saying it's true. > Almost anything could be argued to create a risk of harm to others, including driving itself. If we outlawed driving, we would certainly be saving a lot of lives. This isn't an honest argument. Obviously there's some tradeoffs involved, which you know.
- wavemode 2y ago> And speeding is illegal. So it seems we as a society have agreed this is not a violation of personal freedoms. Correct. And nobody in this thread is arguing that speeding should not be illegal. > Your argument here is really "speeding is okay and speeding creates risk to others, therefore I should be able to create risk to others"? Nope. Never said anything of the sort. You're again straying from the actual topic at hand, which is, specifically, my car automatically forcing me to drive a certain speed. > This isn't an honest argument. Obviously there's some tradeoffs involved, which you know. It wasn't an argument at all. It was a statement, taken out of context. The context being that you can't dismiss the argument of personal freedom purely on the basis that someone is creating risk for others. The concept that a driver would sometimes be given the freedom to surpass the speed limit, when they judge it necessary, is not even particularly controversial. Police use broad discretion to not enforce speed limits to the letter of the law. In fact many states have laws that crack down on police departments staging "speed traps" to generate speeding ticket revenue. Which is society's way of saying that, yes, speeding is illegal, but that illegality isn't meant to be a lever for government oppression.
- kerkeslager 2y ago> The context being that you can't dismiss the argument of personal freedom purely on the basis that someone is creating risk for others. You can, in fact, dismiss the argument of personal freedom purely on the basis that someone is creating a life and death risk for others, though. You've presented no cogent argument otherwise. > The concept that a driver would sometimes be given the freedom to surpass the speed limit, when they judge it necessary, is not even particularly controversial. We're in the middle of a controversy on this topic, therefore it is in fact controversial. QED. > Police use broad discretion to not enforce speed limits to the letter of the law. Yes, and that is clearly an abuse of power--one of many police abuses of power that our society is struggling to curb. Is that really the argument you want to be making? > In fact many states have laws that crack down on police departments staging "speed traps" to generate speeding ticket revenue. Yes: and why is that? Is it because they think police should have discretion to not enforce the letter of the law? How on earth does that follow? > Which is society's way of saying that, yes, speeding is illegal, but that illegality isn't meant to be a lever for government oppression. Alternative explanation: this is society's way of saying that, yes, speeding is illegal, but road infrastructure should be designed to make the law useful and possible to follow. The "no speed traps" laws I'm aware of are focused on a) giving drivers signage that adequately indicates a change in speed limit in advance to give drivers a chance to adjust their speed, and b) removing police perverse incentives to enforce the law in ways that don't achieve its purpose. These laws address very specific problems that have nothing to do with your vague "lever for government oppression" idea. Be honest with yourself: you've experienced having the ability to speed "at your discretion" if you've driven a car, because cars currently don't have speed limiters. Have you ever, even once used that discretion to speed for a good reason? Or are you just grasping at straws to justify why you should be allowed to put other people's lives in danger because you're impatient?
- wavemode 2y agoYou're again straying from the topic, to instead go ad hominem and score rhetorical points against a strawman who simply enjoys speeding and doesn't want the government to stop him. As a reminder, I'm not arguing speeding should be legal. I'm arguing that mandating speed limiters in cars is not a good solution. And the onus would be on the one arguing for the institution of such a regulation to justify it, which you have not done. > You can, in fact, dismiss the argument of personal freedom purely on the basis that someone is creating a life and death risk for others, though. You're contradicting yourself now. Whatever happened to "obviously there's some tradeoffs involved" in the case of banning driving? Either creating risk for others alone is sufficient justification for the removal of a freedom, or it isn't. Obviously the degree of risk created is not the criteria either, since, as we've already covered, banning driving would save 100x more lives than speed limiters would. So obviously there are more factors involved in the decision than just the creation of risk, nor the amount or degree of risk. Therefore, no, "creating a life and death risk for others" alone is not a sufficient argument. While I do agree that it is one factor involved, it is not the sole factor. You have to also consider the cost of the solution, the real-world measurable benefits of the solution, inefficiencies and inaccuracies of the solution (e.g. missing or defaced signage, signage read incorrectly), the risk that the solution itself creates (e.g. a car is being followed closely. Now when the speed limit changes, slowing down automatically, rather than at the driver's own discretion, creates risk for this driver) and many other factors. (This EU law, specifically, is merely a "soft" approach, since many of the mandated options aren't actually speed limiters, they are simply warnings to the driver. I'm specifically arguing against a "hard" approach where cars limit their own speed.) The rest of your post is focused on a point I made about how society (in general, at least where I live - I don't know where you live and I obviously can't speak for you personally) already does not view speeding as something that could reasonably be enforced by mechanical limiter (since there are many situations where drivers facing unusual or extenuating circumstances are given leniency by cops and judges, and society tends to view this favorably, and tends to view harsh enforcement very unfavorably. This stands in contrast to the treatment and attitude toward most other crimes, where no excuse or extenuating circumstance tends to warrant leniency, unless the person literally had no other choice.) If you disagree with society on that point, then that's something you should take up with society. Regardless, it was a tangential point. (It was only worth mentioning because, society are the ones who elect the lawmakers at the end of the day. So they are ultimately the benchmark of whether a given legal doctrine is considered controversial or not.)