Is There Any Prohibition Against Falsehood (Outside Beis Din, of Course)?

Or what is the source in the Torah forbidding Jews from uttering lies?

It’s commonly assumed lying is forbidden from the verse מדבר שקר תרחק, and so hold Semag (Asin 107) and Semak (226). Chafetz Chaim’s foreword to the Laws of Lashon Hara says so too, but he doesn’t supply proof. But perhaps the verse refers, as it seems from context, only to Dinim and Dayanim:

לא תטה משפט אבינך בריבו. מדבר שקר תרחק ונקי וצדיק אל תהרג כי לא אצדיק רשע. ושחד לא תקח כי השחד יעור פקחים ויסלף דברי צדיקים.

It is at least debatable if there are Torah laws against pride and anger, too (contemporary Mussar books discuss this).

Rabbi Yerucham Fishel Perle on Rabbenu Sa’adya Gaon (Aseh 22) writes:

… ומעתה מה שתמה הרשב”ץ ז”ל איך אפשר שלא יהי’ לנו מ”ע בדבור אמת לא ידענא מקום קושיא כלל. דודאי בדברים שבין אדם לחבירו יש לנו כמה אזהרות בתורה. בדיינים כתיב מדבר שקר תרחק. ובעדים כתיב לאו דלא תענה וגו’. ובאונאת דברים כתיב לא תונו. ובגניבת הדעת כתיב לא תגנבו וכתיב לא תכחשו ולא תשקרו איש בעמיתו. אבל בדברי שקר זולת זה שהם פטומי מילי בעלמא. אף דמדה מגונה ודבר גנאי הוא לדבר בם. מכל מקום על כל פנים לית בהו איסורא מן התורה כלל. ואפילו מדרבנן נראה דלא אסרום. כמו שנתבאר. ואם כן אין כאן שום גמגום על מוני המצות שלא מנו עשה זו דמדבר שקר תרחק. דלא קאי אלא אדיינים.

Kesubos 17a is not clear proof, see Tosafos there, but lies seem included in “Devarim Beteilim”, just like Leitzanus.

Unfinished.

Why Not Give the Free Market a State or Two, and See What It Can Accomplish?

The Fallacy of the ‘Public Sector’

We have heard a great deal in recent years of the “public sector,” and solemn discussions abound through the land on whether or not the public sector should be increased vis-à-vis the “private sector.” The very terminology is redolent of pure science, and indeed it emerges from the supposedly scientific, if rather grubby, world of “national-income statistics.” But the concept is hardly wertfrei; in fact, it is fraught with grave, and questionable, implications.

In the first place, we may ask, “public sector” of what? Of something called the “national product.” But note the hidden assumptions: that the national product is something like a pie, consisting of several “sectors,” and that these sectors, public and private alike, are added to make the product of the economy as a whole. In this way, the assumption is smuggled into the analysis that the public and private sectors are equally productive, equally important, and on an equal footing altogether, and that “our” deciding on the proportions of public to private sector is about as innocuous as any individual’s decision on whether to eat cake or ice cream. The State is considered to be an amiable service agency, somewhat akin to the corner grocer, or rather to the neighborhood lodge, in which “we” get together to decide how much “our government” should do for (or to) us. Even those neoclassical economists who tend to favor the free market and free society often regard the State as a generally inefficient, but still amiable, organ of social service, mechanically registering “our” values and decisions.

One would not think it difficult for scholars and laymen alike to grasp the fact that government is not like the Rotarians or the Elks; that it differs profoundly from all other organs and institutions in society; namely, that it lives and acquires its revenues by coercion and not by voluntary payment. The late Joseph Schumpeter was never more astute than when he wrote, “The theory which construes taxes on the analogy of club dues or of the purchase of the services of, say, a doctor only proves how far removed this part of the social sciences is from scientific habits of mind.”[1]

Apart from the public sector, what constitutes the productivity of the “private sector” of the economy? The productivity of the private sector does not stem from the fact that people are rushing around doing “something,” anything, with their resources; it consists in the fact that they are using these resources to satisfy the needs and desires of the consumers. Businessmen and other producers direct their energies, on the free market, to producing those products that will be most rewarded by the consumers, and the sale of these products may therefore roughly “measure” the importance that the consumers place upon them. If millions of people bend their energies to producing horses-and-buggies, they will, in this day and age, not be able to sell them, and hence the productivity of their output will be virtually zero. On the other hand, if a few million dollars are spent in a given year on Product X, then statisticians may well judge that these millions constitute the productive output of the X-part of the “private sector” of the economy.

One of the most important features of our economic resources is their scarcity: land, labor, and capital-goods factors are all scarce, and may all be put to various possible uses. The free market uses them “productively” because the producers are guided, on the market, to produce what the consumers most need: automobiles, for example, rather than buggies. Therefore, while the statistics of the total output of the private sector seem to be a mere adding of numbers, or counting units of output, the measures of output actually involve the important qualitative decision of considering as “product” what the consumers are willing to buy. A million automobiles, sold on the market, are productive because the consumers so considered them; a million buggies, remaining unsold, would not have been “product” because the consumers would have passed them by.

Suppose now that into this idyll of free exchange enters the long arm of government. The government, for some reasons of its own, decides to ban automobiles altogether (perhaps because the many tailfins offend the aesthetic sensibilities of the rulers) and to compel the auto companies to produce the equivalent in buggies instead. Under such a strict regimen, the consumers would be, in a sense, compelled to purchase buggies because no cars would be permitted. However, in this case, the statistician would surely be purblind if he blithely and simply recorded the buggies as being just as “productive” as the previous automobiles. To call them equally productive would be a mockery; in fact, given plausible conditions, the “national product” totals might not even show a statistical decline, when they had actually fallen drastically.

And yet the highly touted “public sector” is in even worse straits than the buggies of our hypothetical example. For most of the resources consumed by the maw of government have not even been seen, much less used, by the consumers, who were at least allowed to ride in their buggies. In the private sector, a firm’s productivity is gauged by how much the consumers voluntarily spend on its product. But in the public sector, the government’s “productivity” is measured – mirabile dictu – by how much it spends! Early in their construction of national-product statistics, the statisticians were confronted with the fact that the government, unique among individuals and firms, could not have its activities gauged by the voluntary payments of the public – because there were little or none of such payments. Assuming, without any proof, that government must be as productive as anything else, they then settled upon its expenditures as a gauge of its productivity. In this way, not only are government expenditures just as useful as private, but all the government need to do in order to increase its “productivity” is to add a large chunk to its bureaucracy. Hire more bureaucrats, and see the productivity of the public sector rise! Here, indeed, is an easy and happy form of social magic for our bemused citizens.

The truth is exactly the reverse of the common assumptions. Far from adding cozily to the private sector, the public sector can only feed off the private sector; it necessarily lives parasitically upon the private economy. But this means that the productive resources of society – far from satisfying the wants of consumers – are now directed, by compulsion, away from these wants and needs. The consumers are deliberately thwarted, and the resources of the economy diverted from them to those activities desired by the parasitic bureaucracy and politicians. In many cases, the private consumers obtain nothing at all, except perhaps propaganda beamed to them at their own expense. In other cases, the consumers receive something far down on their list of priorities – like the buggies of our example. In either case, it becomes evident that the “public sector” is actually antiproductive: that it subtracts from, rather than adds to, the private sector of the economy. For the public sector lives by continuous attack on the very criterion that is used to gauge productivity: the voluntary purchases of consumers.

We may gauge the fiscal impact of government on the private sector by subtracting government expenditures from the national product. For government payments to its own bureaucracy are hardly additions to production; and government absorption of economic resources takes them out of the productive sphere. This gauge, of course, is only fiscal; it does not begin to measure the antiproductive impact of various government regulations, which cripple production and exchange in other ways than absorbing resources. It also does not dispose of numerous other fallacies of the national product statistics. But at least it removes such common myths as the idea that the productive output of the American economy increased during World War II. Subtract the government deficit instead of add it, and we see that the real productivity of the economy declined, as we would rationally expect during a war.

In another of his astute comments, Joseph Schumpeter wrote, concerning anticapitalist intellectuals, “capitalism stands its trial before judges who have the sentence of death in their pockets. They are going to pass it, whatever the defense they may hear; the only success a victorious defense can possibly produce is a change in the indictment.”[2] The indictment has certainly been changing. In the 1930s, we heard that government must expand because capitalism had brought about mass poverty. Now, under the aegis of John Kenneth Galbraith, we hear that capitalism has sinned because the masses are too affluent. Where once poverty was suffered by “one-third of a nation,” we must now bewail the “starvation” of the public sector.

By what standards does Dr. Galbraith conclude that the private sector is too bloated and the public sector too anemic, and therefore that government must exercise further coercion to rectify its own malnutrition? Certainly, his standard is not historical. In 1902, for example, net national product of the United States was $22.1 billion; government expenditure (federal, state, and local) totaled $1.66 billion, or 7.1 percent of the total product. In 1957, on the other hand, net national product was $402.6 billion, and government expenditures totaled $125.5 billion, or 31.2 percent of the total product. Government’s fiscal depredation on the private product has therefore multiplied from four to five-fold over the present century. This is hardly “starvation” of the public sector. And yet, Galbraith contends that the public sector is being increasingly starved, relative to its status in the nonaffluent 19th century!

What standards, then, does Galbraith offer us to discover when the public sector will finally be at its optimum? The answer is nothing but personal whim:

There will be question as to what is the test of balance – at what point may we conclude that balance has been achieved in the satisfaction of private and public needs. The answer is that no test can be applied, for none exists…. The present imbalance is clear…. This being so, the direction in which we move to correct matters is utterly plain.[3]

To Galbraith, the imbalance of today is “clear.” Clear why? Because he looks around him and sees deplorable conditions wherever government operates. Schools are overcrowded, urban traffic is congested and the streets littered, rivers are polluted; he might have added that crime is increasingly rampant and the courts of justice clogged. All of these are areas of government operation and ownership. The one supposed solution for these glaring defects is to siphon more money into the government till.

But how is it that only government agencies clamor for more money and denounce the citizens for reluctance to supply more? Why do we never have the private-enterprise equivalents of traffic jams (which occur on government streets), mismanaged schools, water shortages, and so on? The reason is that private firms acquire the money that they deserve from two sources: voluntary payment for the services by consumers, and voluntary investment by investors in expectation of consumer demand. If there is an increased demand for a privately owned good, consumers pay more for the product, and investors invest more in its supply, thus “clearing the market” to everyone’s satisfaction. If there is an increased demand for a publicly owned good (water, streets, subway, and so on), all we hear is annoyance at the consumer for wasting precious resources, coupled with annoyance at the taxpayer for balking at a higher tax load. Private enterprise makes it its business to court the consumer and to satisfy his most urgent demands; government agencies denounce the consumer as a troublesome user of their resources. Only a government, for example, would look fondly upon the prohibition of private cars as a “solution” for the problem of congested streets. Government’s numerous “free” services, moreover, create permanent excess demand over supply and therefore permanent “shortages” of the product. Government, in short, acquiring its revenue by coerced confiscation rather than by voluntary investment and consumption, is not and cannot be run like a business. Its inherent gross inefficiencies, the impossibility for it to clear the market, will insure its being a mare’s nest of trouble on the economic scene.[4]

In former times, the inherent mismanagement of government was generally considered a good argument for keeping as many things as possible out of government hands. After all, when one has invested in a losing proposition, one tries to refrain from pouring good money after bad. And yet, Dr. Galbraith would have us redouble our determination to pour the taxpayer’s hard-earned money down the rathole of the “public sector,” and uses the very defects of government operation as his major argument!

Continue reading…

From Lewrockwell.com, here.

The Point of Bank Regulations Is to Protect Bankers from Their Prey, Not Vice Versa!

Wall Street fraud caused the Great Depression and the current financial crisisTop economists and financial experts agree that our economy will never recover unless Wall Street fraud is prosecuted.

Yet the government has more or less made it official policy not to prosecute fraud, and instead to do everything necessary to cover up for Wall Street.  For example, the Obama administration is prosecuting fewer financial crimes than under Reagan or either Bush.

For example, we pointed out in 2010:

The government’s entire strategy now – as during the S&L crisis – is to cover up how bad things are.

But it is not only a matter of covering up fraud that has already happened. The government also created an environment which greatly encouraged fraud.

Here are just a few of many potential examples:

  • Tim Geithner was complicit in Lehman’s accounting fraud, (and see this), and pushed to pay AIG’s CDS counterparties at full value, and then to keep the deal secret. And as Robert Reich notes, Geithner was “very much in the center of the action” regarding the secret bail out of Bear Stearns without Congressional approval. William Black points out: “Mr. Geithner, as President of the Federal Reserve Bank of New York since October 2003, was one of those senior regulators who failed to take any effective regulatory action to prevent the crisis, but instead covered up its depth”
  • The former chief accountant for the SEC says that Bernanke and Paulson broke the law and should be prosecuted
  • The government knew about mortgage fraud a long time ago. For example, the FBI warned of an “epidemic” of mortgage fraud in 2004. However, the FBI, DOJ and other government agencies then stood down and did nothing. See this and this. For example, the Federal Reserve turned its cheek and allowed massive fraud, and the SEC has repeatedly ignored accounting fraud. Indeed, Alan Greenspan took the position that fraud could never happen
  • Paulson and Bernanke falsely stated that the big banks receiving Tarp money were healthy, when they were not

Economist James K. Galbraith wrote in the introduction to his father, John Kenneth Galbraith’s, definitive study of the Great Depression, The Great Crash, 1929:

The main relevance of The Great Crash, 1929 to the great crisis of 2008 is surely here. In both cases, the government knew what it should do. Both times, it declined to do it. In the summer of 1929 a few stern words from on high, a rise in the discount rate, a tough investigation into the pyramid schemes of the day, and the house of cards on Wall Street would have tumbled before its fall destroyed the whole economy. In 2004, the FBI warned publicly of “an epidemic of mortgage fraud.” But the government did nothing, and less than nothing, delivering instead low interest rates, deregulation and clear signals that laws would not be enforced. The signals were not subtle: on one occasion the director of the Office of Thrift Supervision came to a conference with copies of the Federal Register and a chainsaw. There followed every manner of scheme to fleece the unsuspecting ….

This was fraud, perpetrated in the first instance by the government on the population, and by the rich on the poor.

***

The government that permits this to happen is complicit in a vast crime.

In other words, the fraud started at the very top with Greenspan, Bush, Paulson, Negroponte, Bernanke, Geithner, Rubin, Summers and all of the rest of the boys.

As William Black told me today:

In criminology jargon: they created an intensely criminogenic environment.

The government’s special inspector general in charge of oversight of the Troubled Asset Relief Program (the “TARP” bank bailouts) – Neil M. Barofsky – said today:

It was a “message to the banks ‘if we commit fraud, we break the rules, don’t worry, we’re too big — they’ll never bring the appropriate steps against us,’” Barofsky says in an interview with The Daily Ticker. “And that is why we’ve had scandal after scandal after scandal.”

This was a “global conspiracy to fix one of the most important interest rates in the world,” Barofsky continues. “[Geithner] heard this information and looked the other way. Geithner and other regulators should be held accountable, they should be fired across the board. If they knew about an ongoing fraud, and they didn’t do anything about it, they don’t deserve to have their jobs. I hope we see people in handcuffs.

Government regulators have become so corrupted and “captured” by those they regulate that Americans know that the cop is on the take.  (Even top justice officials are incredibly cozy with Wall Street fraudsters.)

Institutional corruption is killing people’s trust in our government and our institutions, which is one of the reasons the economy is faltering again.

Indeed, polls show that very few Americans believe that the U.S. government has the “consent of the governed”, a higher percentage of Americans liked King George during the Revolutionary War than like Congress today, and people are publicly discussing whether it’s a good or bad idea to “hang bankers”.

I noted 7 years ago:

I am NOT calling for the overthrow of the government. In fact, I am calling for the reinstatement of our government. I am calling for an end to lawless dictatorship and a return to the rule of law. Rather than trying to subvert the constitution, I am calling for its enforcement.

***

The best way to avoid all types of revolution would be for the government to start following the rule of law. I passionately hope it will do so.

While conservatives tend to view government as the problem and liberals tend to view corporations as the problem, the real problem is the malignant, symbiotic relationship between corrupt officials and criminal corporate leaders.  Without the cancerous relationship, neither side could cause so much damage.  If America returns to the rule of law, we might have a fighting chance.

The justice system may be the only thing which stands between peace and violence.   All of those who benefited from Wall Street fraud must be prosecuted … including corrupt government officials who aided and abetted their crimes, helped cover them up, or have blocked prosecution.

Iceland should be a role model:

Iceland has prosecuted the fraudster bank heads (and here) and their former prime minister, and their economy is recovering nicely… because trust is being restored in the financial system.

Indeed, even evangelical leader Pat Robertson agrees:

Pat Robertson discussed the banking crisis and glowingly spoke about how Iceland jailed many of the bankers who devastated their nation’s economy by taking out fraudulent loans. Robertson hailed the Nordic nation for its actions and said that Americans should deal with the financial crisis in the same way.

***

“They are putting people in jail.  Prime ministers are being indicted. They are going after banks. The people said the banks are ripping us off. We don’t like what they did, and they brought our country to ruin. Suddenly, Iceland is turning around and they look like a big success story!”

***

“We could start putting all of those bankers in jail. There was not one banker prosecuted and so many people were lying, and so-called “no-doc loans” and liars’ loans, and none of them have been held accountable.

***

Iceland is leading the way and their GDP is growing, and all of a sudden, they were in a terrible mess, terrible mess, and look what is happening!”

From Zero Hedge, here.

על הציונות והשואה

כישלון הציונות

בניגוד למה שסיפרו לנו: הציונות נכשלה. מטרת הציונות, מראשית הקמת התנועה, הייתה מענה ל”שאלת היהודים” – סכנה קיומית שריחפה על יהודים בגולה. האסון התממש – איחרנו את הרכבת.

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התנועה הציונית הוקמה על ידי בנימין זאב הרצל שהתמסר לרעיון כבר מסוף המאה ה-19. מטרת הציונות, מראשית הקמת התנועה, הייתה מענה ל”שאלת היהודים” – סכנה קיומית שריחפה על יהודים בגולה. האסון התממש – הציונות נכשלה – איחרנו את הרכבת.

הרצל, בן למשפחה חילונית, חווה אירועים אנטישמיים מגיל צעיר בבודפשט, הונגריה בה גדל. הוא למד בבית הספר יסודי יהודי והמשיך את לימודי התיכון בגימנסיה הריאלית הציבורית, אותה נאלץ לעזוב עקב אווירה אנטי יהודית עוינת. את לימודי המשפטים סיים באוניברסיטת וינה בה השלים דוקטורט במשפטים. גם את אגודת הסטודנטים נאלץ לעזוב בגלל איבה ליהודים. את מקצוע עריכת הדין נטש לדבריו בעיקר בגלל מגבלות קידום מקצועי על רקע אנטישמי.

אנקדוטה סמלית ומעניינת אודות הרצל, שנעלמה מאתנו, אינה מוזכרת (ואינה שייכת לנושא הכתבה…): בנימין זאב הרצל היה בן למשפחה ספרדית מצד אביו, ואשכנזי מצד אמו… סבו של הרצל היה גבאי בית כנסת של קהילה ספרדית בסרביה בה כיהן הרב יהודה שלמה אלקלעי. רב יוצא דופן שהיה ציוני עוד לפני שהומצא המונח “ציונות” וגם עלה בעצמו לארץ ישראל. מנפלאות ההיסטוריה היהודית… הרצל בישר בדמותו גם את מיזוג עדות ישראל.

יש לשער שהגותו של הרב הדומיננטי אלקלעי (שמוכר היום כאחד ממבשרי הציונות הראשונים) השפיעה על הלך הרוחות במשפחה מצד האב, ותרמה גם היא להתפתחות המחשבה הציונית אצל הרצל.

את הרצל הטרידה בראש ובראשונה “שאלת היהודים”. הסיכון הקיומי שמרחף על יהודים. בשנת 1895 הוא ציין ביומנו בפריז כי אף חלפה בראשו המחשבה שהתנצרות המונית עשויה להיות הפתרון ל”בעיה היהודית”. הקונגרס הציוני הראשון שהרצל יזם בבזל שבשוויץ (1897) קרא להקמת בית ליהודים בארץ ישראל. למרות זאת, בערה בהרצל ההכרה שיש להוציא את היהודים מאירופה ופחות חשוב לאן: אוגנדה, קפריסין, צפון סיני, או ארץ ישראל. פעילותו הציונית האינטנסיבית נמשכה פחות מעשר שנים – הרצל נפטר בגיל 44.

המשך לקרוא…

מאתר קו ישר, כאן.