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To: Roger Bass who wrote (1737)2/22/1998 8:03:00 PM
From: Spots  Respond to of 8545
 
>>I'm not sure I would see even this much government regulation as
necessary

In the most general terms I agree, with some specific exceptions.

I think the proper function of government is to ensure
that contracts are kept. (If you're a classicist, that is
the basis of government--the enforcement of agreements.
The runes on Odin's staff, etc.) To my mind, a proper
function of government is to ensure claims as an ancillary
to ensuring contracts. The fundamental of human rights is
the right to own and enjoy private property and to enter into,
and enforce execution of, contracts. These notions are under
attack nowadays, but they are the fundamentals of our
constitutional law and was the basis of my earlier comment.
(I mean, my opinion on this was the basis of my comment.)

The trouble with cost in loss reputation, etc, from forums like
this is not that it isn't ultimately effective (I agree
with you on that point), but rather, that it isn't
useful for individuals enticed fraudulently into contracts
(which include purchases, an implicit contract of fitness).

I do NOT think government has any business making any
rules about other claims except as they relate to inducing
an entry into a contract. The sale of a product is one
form of a contract. So is promoting a stock when one has
a beneficial interest in doing so.

I remain foresquare against regulating the promotion; I
think requiring disclosure (and giving the purchaser the
right to rescind if interest is not revealed) is the
proper solution. Forget lawsuits beyond proving A said
it and A was a spokesman for B who benefitted. That's
enough (should be) to let me back out of a deal and be
made legally whole.

Speaking of lost causes, I'm also looking for the clause
in the Constitution to be enforced about "consent of the
governed" as well as the enforcement of contracts.

I expect I'm as likely to see one as the other. <Very Big Sigh>

Regards,

Spots