TheStatutoryApe said:
If a law does not effect persons who are not running businesses and effects all persons who are running businesses how in the world does this make the market no longer free?
I was referring to the "free" in "free enterprise", not "free market". The freedom to engage in business is what is limited by "legal distinctions" made as a result.
This is why I keep harping on the legal distinction.
What is the difference between making a "legal distinction" between people and "treating them differently"? The fact that others and current law makes such a distinction doesn't obligate me to make it.
So you believe a man who owns a farm with a cow on it should be held to the same standard as any business?...
Or do you think it should be ok for a large company to mass produce and distribute meat and give no more attention to the safety of it than a simple visual inspection of the animal before slaughter?
I think that they should not be treated differently by government (no arbitrary legal distinction) in statutes. And the distinction is arbitrary, since presumably there is an arbitrary number of cows owned above which one would be treated differently by the law (legal distinction, if you prefer). And whatever number is chosen, for example 10 cows, it's not like there is something inherently special about that number. The distinction is completely arbitrary and not based on the actual action performed, since it is identical in either case. Either way, someone sold bad meat.
Of course if a law requires only every tenth cow to be sampled, then both the small and big business may sell their first 9 unsampled, so there would be no "legal distinction", and no objection on my part. But if a law required every cow to be sampled, then no cow should be sold (as meat) that wasn't sampled, and the number of cows owned should be irrelevant.
A better example might be the laws that apply only to businesses with 50 or more employees. There is nothing inherently special about the number 50, it was arbitrarily chosen. Hiring that 50th employee has a regulatory cost to a business that is many times the employee's salary, to say the least. I'm sure you aware of the disproportionate number of businesses that have 48 or 49 employees.
This is a big reason many small businesses have a hard time competing with larger ones, government is artificially limiting the number of people they can hire.
Well when I have a dispute with my neighbour and those nosey buggers come in and haul me away for resolving our own private dispute with my gun I am obviously no longer a private citizen. The government is managing my life for me and treating me differently than those persons that call the police or go to court to resolve their disputes.
Comparing shooting someone with "managing the internal operations of their business"? The force used by government to imprison murderers is defensive force to protect the public, not management of someone's private business.
Yes, government is justified in treating a criminal differently from the person that called the police.