Interview 1379 - Patrick MacFarlane on Liberty and the Law

08/21/201823 Comments

Patrick MacFarlane of joins us to discuss his podcast on libertarian legal theory. Today we look at his work on the Supreme Court's Masterpiece cake ruling and on the entrapment defense in the FBI's Muslim patsy cases.


SCOTUS Whiffs on Masterpiece Cake Ruling

FPF #204 - FBI Entrapment guest Patrick MacFarlane

Economics, Eugenics, and the Minimum Wage

Estimating the Prevalence of Entrapment in Post-9/11 Terrorism Cases

Predisposition and Positivism: The Forgotten Foundations of the Entrapment Doctrine

Libertarian Union

The Libertarian Institute

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  1. n4x5 says:

    Incidentally, Somalia provides a case study for a decentralized legal system. The Law of the Somalis by Michael van Notten explores the system in some detail as well as application of such a system to modern commercial law. Worth noting is that the violence in Somalia over the past decades is mainly a result of the imposition of a central government on people whose traditional legal practices are incompatible with the notion of a modern nation state.

    • manbearpig says:

      This book appears to be of prime interest! Should provide some interesting discussions with my daughter working for the French “justice system”…

    • VoltaicDude says:

      Yes n4X5, thanks for the book reference. Have only looked-up van Notten on Wiki so far, but this seems like a great lead on traditional social structure based on the practical application of anarchistic precepts, even if not specifically (consciously or expositorily) set up to that purpose.

      Also found this (
      “However, the government is currently waging a military campaign with radical Islamic factions that refused to merge with the government and are backed by al-Qaeda.” – i.e. the U.S. Military Industrial Complex.

      Also, mtj (comment from below), you might find this work of interest: Biological Exuberance by Michael Bagemihl, Ph.D.
      Or you could just visit a zoo or live on an animal farm for a while.

      “Animal Farm,” huh.

  2. mtj says:

    What about an argument based on the scientific study of homosexuality; i.e. are there provable differences in brains? Is this something that appears to occur frequently in nature? Are these adults with fully mature brains that are capable of giving consent? It is unfortunate that our level of enlightenment is not at a more rational level. I really don’t like using the excuse of a belief as a rebuttal in debate. Epistimi, Mana!

    • manbearpig says:

      A rather provocative comment. On so many levels we are relegated to the low rung of “belief”.

      My spouse claims that my “belief” that 9/11 did not occur as it’s portrayed to have occurred is a quasi-religious one and yet refuses to admit that contrary positions are also “beliefs”, “convictions”. The argument that I’ve spent a heckuva lot more time looking into the question is not a compelling one for most.

      Apparently many studies have indicated that homosexuality may indeed have immutable biological origins (combined with a specfic social context) and is not a simple choice of capricious preference.

      Christianity however, is so deeply imbedded in our culture and sub-conscious that from a Lamarckian point of view perhaps, it might even be considered as much of a psycho-biological imperative for some as homosexuality is for others (both, incidentally, having a possibly significant association with anxiety according to this layman’s article: ).

      However, for voluntaryist-anarchist-agorists, the scientific study of homosexuality cannot provide an answer to this moral cake dilemma.

    • HomeRemedySupply says:

      mtj says:
      are there provable differences in brains?

      Recently, I ran across the answer to one of the greatest mysteries for me…

      Guys, Does your wife or girlfriend remember the bad things you said from years ago?
      Find out about the brain mechanism involved… (About 5 minutes)

      By the way, this is a great lecture about silica (silicic acid) given to Dentists by Dr. Jorge Flechas.

      Some highlights about Silica…
      — It helps with brain function, mental alertness and Attention Deficit Disorder. It impedes aluminum from reacting in the brain, thus addressing Alzheimer’s.
      — It helps to address aches and pains, along with arthritis, and also bone integrity. Silica gives strength to tissues in the body. Silica is essential for proper body growth.
      — It helps hair, skin, nails and collagen. Collagen also is the “holder of body energy” located between cells. A baby’s skin is very soft because of the silica content. Older people tend to have much less silica in their skin. In fact, silica is needed by a baby to “preform” the bone matrix.
      — HEART and arteries – Silica improves the integrity of the arteries to such an extent that it can be a strong factor for eliminating plaque on the arteries.
      — Silica is needed to make many body chemicals.

      • mkey says:

        Thanks for mentioning silica, another thing our state indoctrination didn’t see fit to educate us during the thousands of hours wasted on not much. Any natural sources of silica acids?

        • HomeRemedySupply says:

          Many natural springs or wells are a good source of silica (silicic acid). The deep well “Crazy Water” from Mineral Wells, TX has a high silica content.

          The herb horsetail is a very good source of silica.
          JimBob whupped arthritis with it.

          I grow the reed type of horsetail in the flower bed. Another type of horsetail looks like a weed and acts like a weed, but still has a high silica content.

          Cucumbers have silica, especially where the warts are.
          In the “Breaking Bad” spinoff, “Better Call Saul”, the attorney Saul has his office in the back of a nail salon. The nail salon always has cucumber water. A famous line from the salon owner “Cucumber Water for customer only”.

          Something I took home from the lecture, is that silica doesn’t absorb into the body well if there is a lot of fiber food with it.
          So, I think a horsetail tea on an empty stomach is a good idea.
          I have been taking my garden horsetail (scouring rush)(which is tasteless) and putting some clipped stalks into my coffee. I think it draws out the silicic acid.
          Sometimes I notice a little more mental alertness / creativeness, over just plain coffee. Or maybe it could be my imagination.

      • wall says:

        1) To get the full benefit it has to be from water and it has to be in high enough concentrations as with Fiji water. Look up Chris Exley.

        2) Be careful of the water, especially from TX, due to naturally high fluoride content.

    • mkey says:

      I personally worry quite a lot more over the fact we have these “minorities” showed down our collective throat. Knowing the exact “cause” of homosexuality wouldn’t do much to mitigate any of my worries. The whole Masterpiece cake story shows this world is going strange. To force someone to bake a cake? Completely insane.

      • manbearpig says:

        It is unfortunate that socially destigmatizing a significant percentage of the population is being done within a generalized and even weaponized hypersexualization of society. “Weaponized” as a divide, conquer and confuse technique.

        And, I’d say, to minimize the bonding capacities of intimacy, transforming sex into something totally nonchalant and recreational… as ordinary and innocuous as playing a video game…dissolving the fabric of society…of community…

  3. bladtheimpaler says:

    Interesting topics. Of course anyone, a baker for instance, should have the right to refuse their services if their deeply held beliefs direct them to refuse service and those beliefs are not just based on arbitrary prejudice as the law defines such. Under an open society arbitrary prejudice could suffice for refusing to serve and those refused could take their business elsewhere as disgusting as this would be.

    The sting operation by govt. agency is highly immoral and leads to moral hazard. In B.C. Canada such an operation by the RCMP targeting a homeless couple set up to bomb the legislative buildings was thrown out on appeal with the judge excoriating the RCMP for badgering the couple into the commission of the attempt. These types of operations are for propaganda purposes thinly veiled as protecting the public. But from who exactly if one considers the RCMP’S involvement in building and detonating bombs then blamed on the Quebec Liberation Front -FLQ. The case of the RCMP officer that blew himself up at home preparing such a bomb comes to mind.

    “The state exits to enforce the dominance of elites, all the rest is propaganda, misdirection, obfuscation and or terrorism up to and including total war.”

  4. danmanultra says:

    Interesting angle this guy has. I’ll have to check out more of his stuff.

  5. n4x5 says:

    The Creative Common Law Project might also be of interest to those studying libertarian legal topics.

  6. HomeRemedySupply says:

    Fascinating angle. It does wet my whistle.

  7. mkey says:

    LibertyWeekly is coming on very nicely and Patrick does a good job. I, however, have a natural disgust for these court based shenanigans which are almost nothing but a means to enfeeble the common man.

    I do like reading/listening on common law, it reads as something that could be the right way to do things, very much better than what we practice.

  8. tgmolitor says:

    The Supreme Court’s ruling does not address the central problem with “anti-discrimination” laws and other “public accommodation” requirements.

    At their core, such laws and regulations are fundamentally based on eliminating the private property rights of business owners who ought to be free to dispose of their property as they see fit.

    As such, the problem in the Masterpiece Cakeshop case could be easily addressed by simply respecting the property rights of business owners everywhere. Unfortunately, the choice of judges and legislators in recent decades has been to fall back on very narrowly defined “rights” such as religious liberty and the right to free speech. Much of the legal debate has thus centered on whether or not baking a cake, or not baking one, counts as the exercise of religion, or is free speech, or is even a form of artistic expression.

    But, as Murray Rothbard has demonstrated, rights to religious expression and speech are simply types of property rights. Consequently, religious liberty and free speech can be protected with a more general respect for property rights.

  9. HomeRemedySupply says:

    With many of my past different business ventures, I wasn’t very good at always following the guberment rules. Intentionally.
    But not to the point where I might end up in extremely hot water. Kind of like the school kid who presses it, but never gets expelled.
    Often, actually, I wasn’t conventional on my business approach in any number of ways.

    For example..
    ~with one business, I let everyone in my office and warehouse smoke. And most employees did. They loved their job, even the few non-smokers. The kosher authoritarian rule was that businesses shouldn’t let their employees smoke in the workplace.
    ~At the same business, was the time I pretended to fire a Mexican illegal.
    ~And, of course, I often would pick up day labor guys who were “illegals”. Cash works well.
    ~And there was the time, just following a recession, that I was using the business IRS tax money to “float” on my business bills. The IRS tax man would come into my office/warehouse looking for me every month or so, “but I would be gone”.
    ~With sales in my stores over 3 million, about one million was from checks. My stores did not have the electronic check verification like most retailers. We just wrote down the driver’s license number on the check. If a check bounced, I had an office worker write a handwritten note to the person “Oops! The check bounced. These things happen. Please mail a money order in the return envelope.”
    Normally, a business will send the bounced check to the District Attorney’s office.
    Almost all the folks would mail a money order or a new check to cover their bounced check. I had less than $300 in uncollected bad checks out of $1,000,000 in check revenue each year. Any retailer can tell ya, that is astounding. It is a testament to the integrity of most my customers.
    The stores sold books and I used to joke: “Thieves don’t read.”

  10. wall says:

    Corbet, would you please start linking your videos to minds and bitchute or something else so that your followers will stop using youtube? If you’re gonna preach that youtube is defunct, you shouldn’t be using it as your main hub any longer.

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