Consider a hypothetical business in a historical era that provides great service by employing colored people to serve white customers. Imagine said business becomes successful, and even pushes some jurisdictions to change their laws against this practice.
I'd argue that this business is great - it's helping consumers and fixing the world.
One might argue that we are not better off because of this:
The thing is, we're not. What we've got is a business that can offer better and cheaper service than everyone else because it's breaking the law, and it's good at throwing money at lawyers to avoid the consequences. What we've got is further damage to the respect for the rule of law and thus to the fabric of civilization, as people see how this company gets away with illegal activities. Hell, there are many people who are inspired by their antisocial behaviour, and see Uber as an example to follow.
Your argument seems to apply equally well to this case - after all, your argument is not dependent on the law being just or unjust. It completely ignores that point.
Are you willing to follow your argument where it leads? Or do you recognize the flaw in it?
It's about the defaults. I believe laws should be obeyed by default, and only opposed in special circumstances. The burden of proving that the circumstances warrant disobedience should be on the disobedient party. And most importantly, breaking the law should be expensive, so that it never becomes a viable business strategy.
I'd even cut Uber some slack if they weren't so smug about what they're doing. This is just as much about breaking arbitrary laws as it is about how they keep showing that they don't give a shit about society.
> your argument is not dependent on the law being just or unjust. It completely ignores that point.
It does, because in real world, regulations are not uniformly distributed throughout the possibility space. In any working society you can - and should - assume that most laws are there for a reason, and that this reason is just. When that assumption doesn't hold, your country pretty much disintegrates. Hence, going against the law is a special case.
The way I see it, none of Uber's "innovations" actually required illegal actions. They simply don't care, because this way is faster and brings in more money.
As a proof of that I want to point out that many places in Europe managed to implement all those Uber "innovations" some time ago, and it didn't require breaking laws in the way Uber does. Sure, old cab companies were pissed, but things got settled in courts and regulations were updated - just like it should happen in any civilized society.
Ultimately, if Americans want to run their society this way, it's none of my business. I would be happy though, if they stopped exporting their "innovative" methods to countries with working regulatory frameworks.
I think Uber has proven that their disobedience is beneficial. In the US and India they have made the transit sector vastly better than it was before. Even ignoring the benefits of the app over hailing a cab, the drastic reduction in racial discrimination is an amazing improvement.
Note that India also had apps/SMS driven taxi hails - autowale.in started in Pune (my city). But Uber fixed transport and the political situation, whereas autowale.in is just a footnote in history.
In any working society you can - and should - assume that most laws are there for a reason, and that this reason is just. When that assumption doesn't hold, your country pretty much disintegrates. Hence, going against the law is a special case.
Then by your standard, the US and India are not working societies.
Then again, by your standard, it's pretty clear that not all of Europe is working. For example, witness how often French unions and others engage in violent and illegal actions (both assaulting Uber drivers/passengers and others) on a regular basis.
In any case, you seem to be backing away from your original claim and accepting that some laws are unjust and breaking them is ok. Do you argue that American or Indian taxi protectionism laws are just?
You are arbitrarily assigning Uber's disruption a positive social outcome, which appears to be the lynchpin of your argument. Your argument could be applied to many outcomes that would appear on the surface to be negative. A few (admittedly exaggerated) examples:
"ArmzDealR is providing a great service by eliminating government bureaucracy and providing access to arms that citizens should have. It's good that they help people avoid those onerous registration requirements."
"TraffiKR makes it easy to find cheap labor. There's no paperwork and the workers never complain!"
Are you willing to follow your argument where it leads? Should businesses be allowed to push against any rule at all? Are all laws 'unjust' or are there some laws that are in place to protect public good?
I'm simply pointing out that Temporal's argument that breaking the law is always wrong is simply incorrect.
I'm not saying all laws should be broken. I'm saying one must decide whether or not the law is just, and support those who break unjust laws. I see no one even attempting to make the argument that taxi protectionism laws are just. Do you have an argument that they are?
I haven't researched the rationales behind taxi protectionism laws, so I can only offer conjecture. Two two reasons I can imagine we have such laws are traffic congestion control and accident liability.
On the surface congestion control seems far easier to implement (especially in a pre-mobile phone context) via restriction of medallions. I don't have arguments one way or the other as to the necessity of congestion control because I've only rarely experienced large cities (NYC, Chicago, London). I believe they are popular for various reasons, but I am not familiar with the arguments for or against.
Determination of liability seems like another obvious reason for a medallion monopoly. Presumably taxis are a higher risk pool for insurance claims, due to the presence of multiple parties. It's unclear to me where the liability falls if an Uber driver is in an accident that mortally wounds a passenger; will their standard insurance (that presumes a certain risk profile) cover the claim? I'm simply not familiar enough to definitely comment, unfortunately.
The latter argument holds more weight with me, but I'm sympathetic to arguments against it.
You do see the problem with encouraging the erosion of mutual social trust? If "following the law" collapses as a percieved social expectation it would impoverish everyone.
That being said, it is clear that abusive and overwraught law and regulation invites this impovrishment.
Breaking the law always erodes the fabric of society. Normalizing it is worse.
Certainly, there can be laws that are worth breaking. You should be extremely careful before assuming that's the case in any given scenario, and I don't think taxi rules are it, no matter how dysfunctional the USA might be.
I'd argue that this business is great - it's helping consumers and fixing the world.
One might argue that we are not better off because of this:
The thing is, we're not. What we've got is a business that can offer better and cheaper service than everyone else because it's breaking the law, and it's good at throwing money at lawyers to avoid the consequences. What we've got is further damage to the respect for the rule of law and thus to the fabric of civilization, as people see how this company gets away with illegal activities. Hell, there are many people who are inspired by their antisocial behaviour, and see Uber as an example to follow.
Your argument seems to apply equally well to this case - after all, your argument is not dependent on the law being just or unjust. It completely ignores that point.
Are you willing to follow your argument where it leads? Or do you recognize the flaw in it?