We need regulation because people are not fundamentally "good", even if they mean well. I'm glad you're "half-libertarian" because you are halfway there!
* Buy any brand of meat in any grocery store and be confident it won't make my family sick.
* Visit any barber and be confident I won't get a weird scalp infection
* Fly with any airline and be confident I'll get to my destination alive
USDA organic comes to mind.
Just as libertarians are often overly black and white, so are regulatory regimes.
Like, why do we have maximum seating limits and doors that open outside? You could be a completely honorable restaurant owner, religiously clean the kitchen every day, and strive to give your patrons the best meal every day. And then one day an old wire shorts out, the restaurant catches fire, and people are trapped inside pushing against a door opening inward - something you've never even thought about the whole time. Everybody dies.
* Under libertarian thinking, once everybody dies the grieving families can take their business elsewhere, thus proving that we needed no regulations, after all.
If a barber starts acting in a way that makes their customers come down with infections, customers will take their business to the other barber down the street. If this new barber does the same, you will simply go to the next barber.
In this scenario, the first barber to treat their customers well (in a manner that does not pass on infections) will gobble up all the business.
Hence, it makes no sense for any barber to act in a manner that gives their customers infections, as they will quickly go out of business.
Same reason restaurants are naturally incentivized to cook their food as well as possible. 1 food poisoning case is all it takes for their business to go poof.
A true free market (as in, one where there's sufficient competition) keeps businesses in check, and protects customers.
Food poisoning is actually a great example of why we need health regulations and inspections. In a given day, we eat so many different things, it would be nearly impossible to accurately attribute a single incident to a single source. Imo the only reliable way to increase safety is to have a common set of standards that are enforced by the state.
Which, in the real world, is the case with almost everything.
Vendors don't tend to cheat or cut corners or perform malfeasance on shit that's easy to spot.
Worse yet, the customer often can't tell the difference between malfeasance and bad luck. Without an independent regulator looking into this crash, I will have no idea if the airline operating it was staffed by morons and cutting corners, or it did everything right and got unlucky.
And no, the legal system doesn't solve this problem, because any sane company will have a strong preference towards a quiet, confidential settlement, to expose as little of their dirty laundry as possible to the public and prospective customers.
Libertarianism collapses upon contact with the real world, because it depends upon informational symmetry. Yet the way businesses actually operate, it's all informational assymmetry. I don't have the time to devote my life to trying to pick out which vendor will try the least hard to fuck me over, and even if I did have that time, I wouldn't have the information necessary to make an informed choice.
Why is it that restaurants, barbers, car washes, and other small business industries have thrived for so long despite minimal regulation?
One reason is the high competition. If you've ever run a restaurant, you know the importance of making customers happy. Because customers have so many other options to choose from. They can easily take their business elsewhere. So you have to perform.
If it weren't for regulators, that facility would still be operating and poisoning people. And the reason it got so bad was because regulator alarm bells were ignored for two years.
I wouldn't even know that they were poisoning people if it weren't for regulation. And while this has lost me as a customer for life from them, what am I going to do when the other giant national meatpacker turns out to be doing the same damn thing?
Not eat meat, I guess. It'll be a libertarian success story.
In my original comment, I discussed why you can't have no regulations in an industry that's highly concentrated.
Deregulating only works if and only if the underlying industry is highly competitive.
The meatpacking industry is not highly competitive: https://www.ers.usda.gov/amber-waves/2024/january/concentrat...
Hence, regulations are needed.
Having multiple vendors to choose from doesn't do anything for me when I can't make an informed choice.
I'd argue no. I have no idea if the cook that made my meal 30 seconds ago actually followed proper safety guidelines.
However, I think in general, the probability is decent that they did, as they are highly incentivized to do so. Because a failure to do so could mean the end of their business.
What I'm getting at is that there are specific scenarios where market forces are stronger than the ability to make an informed choice. And protect you as the consumer better.
Given that they don't give me a tour of the kitchen, and that I can't actually verify that they haven't been using meat knives to cut my salad, no.
I take it on faith that the food inspectors will ruin their business[1] if they are regularly pulling those kinds of stunts. I take it on faith that the staff have regulations to lean on when they push back on systemic unsanitary practices.
And no, Joe Somebody complaining on reddit that Earl's gave him food poisoning last week and that we should stay away from Earl's doesn't actually inform me that I should avoid Earl's. I don't know Joe, I have no reason to believe him. For all I know, he's just a disgruntled shill who is just making stuff up. Or maybe Earl's bought a batch of contaminated products from further upstream. Or maybe he caught a stomach bug from somewhere else, and is blaming them. Or maybe he's right, but Earl's actually has a lower incidence of food poisoning than the chicken joint across the street, and they just got unlucky.
I have a lot more confidence in an inspection, than in some noise someone's making on the internet, or in some celebrity endorsement on the TV.
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But there is some aspect of eating at a restaurant where I do make an informed choice.
Does the food look good? Does it taste good? Is it cheap?
These are the easy to observe bits of information about it. I can actually meaningfully express my preference there, and make an informed decision.
And guess what? There aren't any inspectors for any of that. My town doesn't employ a taste comissar, or an art critic for their FoodSafe team. Because I can tell at a glance which I prefer.
I can't tell at a glance which restaurant is less likely to have the kitchen staff poison me.
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[1] In practice, they'd much rather work with the business to bring it into compliance. You know, positive-sum sort of interactions that leave everyone who is acting in good faith better off.
Yes, their business will end because they'll fail an inspection. As it turns out, these incentives are provided by regulation, not by the free market.
There's abundant history of market forces totally failing to end food businesses that didn't follow food safety practices. The Jungle was published in 1906 documenting meatpacking's horrors and not a single change was made until the Pure Food lobby pushed through regulation, and that was at a time when meatpacking wasn't a concentrated industry. In Upton Sinclair's time, there were at least 9 companies operating in the Union Stockyards where he researched meat packing (it's unclear to me how many there were total).
Look around at food safety inspection reports for your town and you'll very quickly find restaurants that were doing great financially until regulators stepped in and cited them for dangerous practices. Restaurants are, again, a highly competitive industry.
It seems like you're starting with your favored economic ideology and pretending it tells you anything about reality, instead of just looking at reality and seeing what's there.