Free Market: October 2010 Archives

October 1, 2010

Free Market Department

I Think Even Waiters Have the Right to Remain Silent

Ethicist Jack Marshall is talking about immigrants in restaurants again. And as usual, he demonstrates that he either doesn't like the free market or doesn't understand it.

He starts by quoting fellow ethicist Chris McDonald:

"...imagine again that you're a waiter or waitress. As you set a plate of food down in front of a customer, the customer asks: "Were any 'minorities' involved in the production of this food? Do you have any foreigners working in the kitchen?" Appalled, you stammer: "Excuse me?!" The customer continues, "I don't like immigrants, and I don't like the idea of them touching my food. I have the right to know what I'm eating!" Does this customer have the right to that information? Most of us, I think, would say no, of course not. She might see that information as really important -- important to letting her live her life the way she wants to -- but few of us would agree that anyone else is obligated to help her live out her racist values."

In his response, Jack Marshall has somehow transforms the original scenario's immigrants into illegal immigrants, but in general I agree with this part of his answer:

I think the customer's request for information regarding who is preparing one's food is a valid one. Does a diner have a right to the information? Why not? What if a citizen objects to the illegal employment of undocumented immigrants, and doesn't want to support businesses that undermine U.S. immigration policy while exploiting underpaid workers? Or suppose the customer has read about health issues among local food workers, and wants to know if they have been vaccinated...or is a supporter of organized labor, and wants to know if the restaurant is using union members...or wants to support establishments that hire immigrants, because she was one herself.

But then Marshall starts examining the waiter's obligation to answer the customer, and his argument takes a funny turn:

If the customer who is concerned about any of these matters asks, he has a right to an honest answer unless there is a legitimate interest in keeping that information proprietary.

So once he asks the question, the waiter is has a moral obligation to answer? How would such a moral obligation arise? Here's where Marshall runs off the rails:

McDonald's justification for withholding the information requested in his hypothetical--that telling her would be helping her live out her racist values-- is not valid. In the United States, we have a right to racist values, socialist values, anti-feminist values and any other kinds of values whether anyone else approves of them or not. The post was about rights, and no one has a right to foil my chosen lifestyle or the values I choose to live by until they threaten to do tangible harm. It is presumptuous for anyone else to actively withhold information that permits a customer to make an informed choice about what eating establishment she patronizes, a breach of autonomy.

So Marshall thinks the waiter is interfering with his lifestyle by refusing to answer her questions? He thinks she's entitled to an answer to every stupid bigoted question she might ask, but it's the waiter who's presumptuous?

Telling her something substantive about how her food is prepared isn't endorsing her racist values; it is forcing her to do something--eat the restaurant's food--that she wouldn't choose to do if she had all the facts.

Nobody is forcing her to eat the restaurant's food. She can always just walk away. However, since she got the food she asked for, someone is probably going to force her to pay for it. If she'd had the common sense to ask her bigoted questions before placing her order, she wouldn't even have to do that. 

What her motivations may be, and whether the waiter, owner, or Dr. Mc Donald approves of them is irrelevant. She has a right to ask, she has a right to know the information, and she has a right to act on that information--based on beliefs and motivations she has a right to have--within certain legal strictures, however she pleases.

No. She has a right to ask, but nobody has an obligation to answer. She also has a right to act on whatever information she receives, and if nobody answers her, she has a right to act on that too and simply walk out of the restaurant without ordering.

McDonald's hypothetical goes beyond the topic of his article, which is about our right to know the contents of what we eat, but I am presuming that he would argue for the ethical withholding of information in an "unethical values" case involving ingredients too. What it a customer asks if her tuna was caught using porpoise-safe fishing methods, not because she's an environmentalist, but because she hates porpoises due to a bad experience with Flipper in her childhood, and wanst to only eat tuna that have been caught the old-fashioned, porpoise drowning way?

Well the the waiter can answer her, or not. And based on that answer, or lack thereof, she can order the tuna or not. In a free market, nobody has obligations they don't agree to.

I think she has a right to know this information, as much as she has a right to know the contents of her meal for motives Dr. McDonald approves of. My rights don't diminish because you may disagree with the motives for exercising them, regarding food, speech, voting, or anything else.

Your rights can always be diminished when they are in conflict with someone else's rights, including the waiter's right not to answer questions he disagrees with. How, in a situation where the customer isn't being forced to do anything they haven't agreed to, can you possibly say it's ethical to force the waiter to say things he doesn't want to say?

I mean, even if you thin the waiter is being unreasonable, how is this supposed to work? If the customer has a right to ask questions, however unreasonable they may be, doesn't the waiter have the right to be at least equally unreasonable?

About this Archive

Find recent content on the main index or look in the archives to find all content.

Find us on Facebook

Unless you request otherwise, we will assume all messages are for publication and attribution.

Red links are Not Safe For Work NSFW.

Mark

About Mark

PGP key

Visit Mark on MySpace

Ken

About Ken

Gary

About Gary

Joel

Article Syndication

Libertarian-ish

Hit & Run
Cataloguing every inch of our daily slide down the slippery slope towards a more totalitarian state.
Virgina Postrel
Author, columnist, and famous kidney doner.
The Agitator
Radley Balko, libertarian at large.
Nobody's Business
A blog about negative liberty.
Ravings of a Feral Genius
The one, the only, Jennifer.
Honest Courtesan
Notes from a retired call girl.

Bloggy Goodness

Duly Noted
Yet another Lindsay Beyerstein blog.
InstaPundit
Law professor, author, columnist, music engineer, the founding father of the blogosphere.
StrategyPage
News and commentary on all things military.
Last One Speaks
A complicated woman with simple tastes.
Ethics Alarms
Jack Marshall at large.

War on Drugs

StoptheDrugWar.org
Taking the drug war debate to the blogosphere
DrugWar Rant
More reasons every week for hating the War on Drugs.
DUI Blog
The road to hell is paved with good intentions and patrolled by Mothers Against Drunk Driving.
The D'Alliance
The Drug Policy Alliance blog.
Vigil for Lost Promise
A counterweight to the DEA's exploitive site.

Blawgs

a Public Defender
Rants, explanations, and complaints from a public defender.
Simple Justice
Rants, explanations, and complaints from a private lawyer.
Defending People
The art and science of criminal defense trial lawyering
Probable Cause
The legal blog with the really low standard of review.
Unwashed Advocate
Former Military Underdog
Indefensible
David Feige, creator of Raising the Bar and former public defender.
Koehler Law Blog
Don't be fooled by how pretty it is
Not Guilty
A lawyer in search of a clue.
Norm Pattis
Norm will fight for you!
Marc Randazza
The Legal Satyricon: First Amendment Law
Gamso - For the Defense
An Ohio criminal defense lawyer
Criminal Defense
It's like a criminal defense blog, but from Florida
ECILCrime
East Central Illinois criminal defense.
Underdog Blog
Criminal defense, politics, and God only knows what else.
CrimLaw
A big, goofy, ballcap-wearing prosecutor who even likes dogs. [review]
Blonde Justice
Funny stories about criminal defense.
Crime & Federalism
Legal analysis and bitching. [review]
Seeking Justice
Tom McKenna, Virginia prosecutor on a mission from God.
The Volokh Conspiracy
Smart legal experts.
D.A. Confidential
Making prosecutors seem just like normal lawyers
Crime and Consequences Blog
Because we're just not punishing people enough
Graham Lawyer Blog
Interesting writing about the law.
New York Personal Injury Law Blog
Better than you'd think from the SEO-friendly name
West Virginia Criminal Law Blog
Also better than you'd think from the SEO-friendly name
South Carolina Criminal Defense Blog
And one more that's better than you'd think from the SEO-friendly name

Geek Stuff

Schneier on Security
Smart thinking about computers and other security problems.
The Daily WTF
Crazy stories about bad things inside computer software and how they got there.
xkcd
Extremely geeky comics.
Google Blogoscoped
Smart writing about search engine technology.
The Altruist
Agony Unleashed in EVE Online.

Economics

Steven Landsburg
The Armchair Economist
Greg Mankiw's Blog
Aurhor of the most popular macroeconomics textbook
Marginal Revolution
Everything happens in the margins
Megan McArdle
Business and economics

Photography

Strobist
How to light everything in the world with speedlights
iN-PUBLiC.com
Very cool modern street photography.
Digital Photography Review
Detailed reviews of digital cameras and vicious forum debates too.
Ken Rockwell
Strong opinions about photography.
Dan Heller
Photographs and the business of photography.
Bert P. Krages II
Photography and the law.

Chicagoland

Leslie's Omnibus
I have no idea what this blog is about.
Marathon Pundit
John Ruberry runs, drives, and blogs.

Media

Eric Zorn
Possibly the Chicago Tribune's first blogger.
Miss Manners
A marvelous writer and deeper than you think.
Roger Ebert's Journal
A great writer and a useful film critic.

Resources

WolframAlpha
Data + Computation = Fun Knowledge.
Institute for Justice
A merry band of libertarian litigators.
EFF: Bloggers
The Electronic Frontier Foundation's page for bloggers.
CIA World Factbook
A brief summary about every nation.
Wikipedia
The mostly-useful encyclopedia of everything.
Current Impact Risks
It has to happen some day.

Gone But Not Forgotten

Peter McWilliams
Ain't Nobody's Business If You Do

Web Rings

Credits

Copyright  ©  2002-2011 Mark Draughn. All rights reserved.

Site developed by
Draughn Software Corporation

Powered by Movable Type 4.261
Version 4.261

Downtown Host

Social networking tags courtesy of the Sociotags for Movable Type plugin by Ole Wolf.

Chicago lakefront image by Ken Gibson.

Admin

Valid XHTML 1.0 Transitional

Valid CSS

ICRA

Statistics

Claim Your Avvo Profile