Political Movements & Theories

My View of Libertariansim

A reader asked for my definition of “libertarian.” I’ve written about libertarianism many times since my early days as an unsophisticated adherent of J.S. Mill’s solipsistic “harm principle.”

My journey away from solipsistic libertarianism began with “A Paradox for Libertarians.” “Common Ground for Conservatives and Libertarians?” marks the next step in my journey. My declaration of independence from the harm principle is documented in “The Paradox of Libertarianism.” I then wrote “Liberty As a Social Construct,” “Social Norms and Liberty,” and “A Footnote about Liberty and Social Norms.” Those posts go beyond my rejection of the harm principle as the proper basis of libertarianism, and introduce the social aspect of liberty. I reiterated and elaborated my criticism of the harm principle in “The Harm Principle,” “Footnotes to ‘The Harm Principle’,” and “The Harm Principle, Again.”

All of those posts — and more in the same revisionist vein — appeared at my old blog, Liberty Corner. Those many posts set the stage for many more at Politics & Prosperity, including these:

On Liberty

Pseudo-Libertarian Sophistry vs. True Libertarianism

Libertarian Conservative or Conservative Libertarian?

More Pseudo-Libertarianism

Not-So-Random Thoughts (XI)

Steve Stewart-Williams asks “Did Morality Evolve?” (The Nature-Nurture-Neitzsche Blog, May 2, 2010). His answer:

[T]here are at least two reasons to think morality bears the imprint of our evolutionary history. The first comes from observations of a class of individuals that psychologists all too often ignore: other animals. Nonhuman animals obviously don’t reason explicitly about right and wrong, but they do exhibit some aspects of human morality. Rather than being locked into an eternal war of all-against-all, many animals display tendencies that we count among our most noble: They cooperate; they help one another; they share resources; they love their offspring. For those who doubt that human morality has evolutionary underpinnings, the existence of these ‘noble’ traits in other animals poses a serious challenge….

…A second [reason] is that, not only do we know that these kinds of behaviour are part of the standard behavioural repertoire of humans in all culture and of other animals, we now have a pretty impressive arsenal of theories explaining how such behaviour evolved. Kin selection theory explains why many animals – humans included – are more altruistic toward kin than non-kin: Kin are more likely than chance to share any genes contributing to this nepotistic tendency. Reciprocal altruism theory explains how altruism can evolve even among non-relatives: Helping others can benefit the helper, as long as there’s a sufficient probability that the help will be reciprocated and as long as people avoid helping those who don’t return the favour. Another promising theory is that altruism is a costly display of fitness, which makes the altruist more attractive as a mate or ally. Overall, the evolutionary explanation of altruism represents one of the real success stories of the evolutionary approach to psychology.

Though I’m disinclined to use the term “altruism,” it’s useful shorthand for the kinds of behavior that seems selfless. In any event, I am sympathetic to Stewart-Williams’s view of morality as evolutionary. Morality is at least a learned and culturally-transmitted phenomenon, which manifests itself globally in the Golden Rule.

*     *     *

Pierre Lemieux decries “The Vacuity of the Political ‘We’” (The Library of Economics and Liberty, October 6, 2014):

One can barely read a newspaper or listen to a politician’s speech without hearing the standard “we as a society” or its derivatives….

The truth is that this collective “we” has no scientific meaning.

In the history of economic thought, two main strands of analysis support this conclusion. One was meant to criticize economists’ use of “social indifference curves” (also called “community indifference curves”), which generally appeared in the welfare analysis of international trade between personalized trading countries. Countries were personalized in the sense that they were assumed to have preferences, just as an individual does. In a famous 1956 article, Paul Samuelson definitively demonstrated that such social indifference curves, analogous to individual indifference curves, do not exist….

A second strand of analysis leads to a similar but more general conclusion. The problem has come to be known as the “preference aggregation” issue: how can we aggregate—”add up” as it were—individual preferences? Can we fuse them into social preferences—a “social welfare function”—that would equally represent all individuals? This second tradition of analysis follows a long and broken line of theorists. The Marquis de Condorcet in the 18th century, Charles Dodgson (a.k.a. Lewis Carroll) in the 19th, and economist Duncan Black in the 20th all discovered independently that majority voting does not provide an acceptable aggregation mechanism.

I’ve discussed the vacuity of the political “we” and the “social welfare function” in many posts; most recently this one, where I make these two points:

1. It is a logical and factual error to apply the collective “we” to Americans, except when referring generally to the citizens of the United States. Other instances of “we” (e.g., “we” won World War II, “we” elected Barack Obama) are fatuous and presumptuous. In the first instance, only a small fraction of Americans still living had a hand in the winning of World War II. In the second instance, Barack Obama was elected by amassing the votes of fewer than 25 percent of the number of Americans living in 2008 and 2012. “We the People” — that stirring phrase from the Constitution’s preamble — was never more hollow than it is today.

2. Further, the logical and factual error supports the unwarranted view that the growth of government somehow reflects a “national will” or consensus of Americans. Thus, appearances to the contrary (e.g., the adoption and expansion of national “social insurance” schemes, the proliferation of cabinet departments, the growth of the administrative state) a sizable fraction of Americans (perhaps a majority) did not want government to grow to its present size and degree of intrusiveness. And a sizable fraction (perhaps a majority) would still prefer that it shrink in both dimensions. In fact, The growth of government is an artifact of formal and informal arrangements that, in effect, flout the wishes of many (most?) Americans. The growth of government was not and is not the will of “we Americans,” “Americans on the whole,” “Americans in the aggregate,” or any other mythical consensus.

*     *     *

I’m pleased to note that there are still some enlightened souls like David Mulhhausen, who writes about “How the Death Penalty Saves Lives” (September 30, 2014) , at the website of The Heritage Foundation. Muhlhausen cites several studies in support of his position. I’ve treated crime and punishment many times; for example:

Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Saving the Innocent?
Saving the Innocent?: Part II
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Clear Thinking about the Death Penalty
What Is Justice?
Saving the Innocent
Why Stop at the Death Penalty?
Lock ‘Em Up
Free Will, Crime, and Punishment
Left-Libertarians, Obama, and the Zimmerman Case
Stop, Frisk, and Save Lives
Poverty, Crime, and Big Governmen

The numbers are there to support strict punishment, up to and including capital punishment. But even if the numbers weren’t conclusive, I’d be swayed by John McAdams, a professor of political science at Marquette University, who makes a succinct case for the death penalty, regardless of its deterrent effect:

I’m a bit surprised . . . [by the] claim that “the burden of empirical proof would seem to lie with the pro-death penalty scholar.” If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call.

The same goes for fraudsters, thieves, rapists, and other transgressors against morality.

*     *     *

Walter E. Williams asks “Will the West Defend Itself?” (creators.com, October 1, 2014):

A debate about whether Islam is a religion of peace or not is entirely irrelevant to the threat to the West posed by ISIL, al-Qaida and other Middle Eastern terrorist groups. I would like to gather a news conference with our Army’s chief of staff, Gen. Raymond T. Odierno; Marines’ commandant, Gen. Joseph Dunford; chief of naval operations, Adm. Jonathan W. Greenert; and Gen. Mark A. Welsh, the U.S. Air Force’s chief of staff. This would be my question to them: The best intelligence puts ISIL’s size at 35,000 to 40,000 people. Do you officers think that the combined efforts of our military forces could defeat and lay waste to ISIL? Before they had a chance to answer, I’d add: Do you think the combined military forces of NATO and the U.S. could defeat and eliminate ISIL. Depending on the answers given, I’d then ask whether these forces could also eliminate Iran’s capability of making nuclear weapons.

My question to my fellow Americans is: What do you think their answers would be? No beating around the bush: Does the U.S. have the power to defeat the ISIL/al-Qaida threat and stop Iran’s nuclear ambitions — yes or no?

If our military tells us that we do have the capacity to defeat the terror threat, then the reason that we don’t reflects a lack of willingness. It’s that same lack of willingness that led to the deaths of 60 million people during World War II. In 1936, France alone could have stopped Adolf Hitler, but France and its allies knowingly allowed Hitler to rearm, in violation of treaties. When Europeans finally woke up to Hitler’s agenda, it was too late. Their nations were conquered. One of the most horrible acts of Nazi Germany was the Holocaust, which cost an estimated 11 million lives. Those innocents lost their lives because of the unwillingness of Europeans to protect themselves against tyranny.

Westerners getting the backbone to defend ourselves from terrorists may have to await a deadly attack on our homeland. You say, “What do you mean, Williams?” America’s liberals have given terrorists an open invitation to penetrate our country through our unprotected southern border. Terrorists can easily come in with dirty bombs to make one of our major cities uninhabitable through radiation. They could just as easily plant chemical or biological weapons in our cities. If they did any of these acts — leading to the deaths of millions of Americans — I wonder whether our liberal Democratic politicians would be able to respond or they would continue to mouth that “Islam teaches peace” and “Islam is a religion of peace.”

Unfortunately for our nation’s future and that of the world, we see giving handouts as the most important function of government rather than its most basic function: defending us from barbarians.

Exactly. The title of my post, “A Grand Strategy for the United States,” is a play on Strategy for the  West (1954), by Marshall of the Royal Air Force Sir John Cotesworth Slessor. Slessor was, by some accounts, a principal author of nuclear deterrence. Aside from his role in the development of a strategy for keeping the USSR at bay, Slessor is perhaps best known for this observation:

It is customary in democratic countries to deplore expenditure on armaments as conflicting with the requirements of the social services. There is a tendency to forget that the most important social service that a government can do for its people is to keep them alive and free. (Strategy for the West, p. 75)

Doctrinaire libertarians seem unable to grasp this. Like “liberals,” they tend to reject the notion of a strong defense because they are repelled by the “tribalism” represented by state sovereignty. One such doctrinaire libertarian is Don Boudreaux, who — like Walter E. Williams — teaches economics at George Mason University.

A post by Boudreaux at his blog Cafe Hayek caused me to write “Liberalism and Sovereignty,” where I say this:

Boudreaux … states a (truly) liberal value, namely, that respect for others should not depend on where they happen to live. Boudreaux embellishes that theme in the the next several paragraphs of his post; for example:

[L]iberalism rejects the notion that there is anything much special or compelling about political relationships.  It is tribalistic, atavistic, to regard those who look more like you to be more worthy of your regard than are those who look less like you.  It is tribalistic, atavistic, to regard those who speak your native tongue to be more worthy of your affection and concern than are those whose native tongues differ from yours.

For the true liberal, the human race is the human race.  The struggle is to cast off as much as possible primitive sentiments about “us” being different from “them.”

The problem with such sentiments — correct as they may be — is the implication that we have nothing more to fear from people of foreign lands than we have to fear from our own friends and neighbors. Yet, as Boudreaux himself acknowledges,

[t]he liberal is fully aware that such sentiments [about "us" being different from "them"] are rooted in humans’ evolved psychology, and so are not easily cast off.  But the liberal does his or her best to rise above those atavistic sentiments,

Yes, the liberal does strive to rise above such sentiments, but not everyone else makes the same effort, as Boudreaux admits. Therein lies the problem.

Americans — as a mostly undifferentiated mass — are disdained and hated by many foreigners (and by many an American “liberal”). The disdain and hatred arise from a variety of imperatives, ranging from pseudo-intellectual snobbery to nationalistic rivalry to anti-Western fanaticism. When those imperative lead to aggression (threatened or actual), that aggression is aimed at all of us: liberal, “liberal,” conservative, libertarian, bellicose, pacifistic, rational, and irrational.

Having grasped that reality, the Framers “did ordain and establish” the Constitution “in Order to . . . provide for the common defence” (among other things). That is to say, the Framers recognized the importance of establishing the United States as a sovereign state for limited and specified purposes, while preserving the sovereignty of its constituent States and their inhabitants for all other purposes.

If Americans do not mutually defend themselves through the sovereign state which was established for that purpose, who will? That is the question which liberals (both true and false) often fail to ask. Instead, they tend to propound internationalism for its own sake. It is a mindless internationalism, one that often disdains America’s sovereignty, and the defense thereof.

Mindless internationalism equates sovereignty with  jingoism, protectionism, militarism, and other deplorable “isms.” It ignores or denies the hard reality that Americans and their legitimate overseas interests are threatened by nationalistic rivalries and anti-Western fanaticism.

In the real world of powerful rivals and determined, resourceful fanatics, the benefits afforded Americans by our (somewhat eroded) constitutional contract — most notably the enjoyment of civil liberties, the blessings of  free markets and free trade, and the protections of a common defense — are inseparable from and dependent upon the sovereign power of the United States.  To cede that sovereignty for the sake of mindless internationalism is to risk the complete loss of the benefits promised by the Constitution.

Signature

Bleeding-Heart Libertarians = Left-Statists (Redux)

ADDENDUM BELOW

Jim Manzi nails Matt Zwolinski’s call for a Basic Income Guarantee:

At the highest level, Zwolinski argues that a BIG is consistent with libertarian theory. And in the alternative, argues that in the real world of practical politics a welfare system of some kind will be with us for a long time, and a BIG is better than the dog’s breakfast of social welfare programs that we have today. Nested within this is another narrower argument in the alternative. He claims that social science evidence indicates that it not clear that a BIG would result in a reduction in work effort. But he argues that even if it did, this would not necessarily be a bad thing.

In other words, Zwolinski and his bleeding-heart ilk on the so-called libertarian left just want to dole out taxpayers’ dollars to satisfy their urge for “social justice.” Liberty has nothing to do with it. If it did, they’d care about the liberty of those taxpayers who would be forced to subsidize the indolent.

Yes, the indolent. Manzi explains:

It is fairly extraordinary to claim [as Zwolinski does] that the government could guarantee every adult in America an income even if they did zero work of any kind, and that somehow this would not reduce work effort. Zwolinksi should be able to provide strong evidence for such a claim. But we have scientific gold standard evidence that runs exactly the other way. A series of randomized experiments offered a version of Zwolinski’s proposal between 1968 and 1980. These tested a wide variety of program variants among the urban and rural poor, in better and worse macroeconomic periods, and in geographies from New Jersey to Seattle. They consistently found that the tested programs reduce the number of hours worked versus the existing welfare system, and the tested levels of progressivity of implicit tax rates did not get around this problem by encouraging work, as Zwolinski’s theoretical argument asserts they should.

But that doesn’t bother Zwolinski. In fact, he seems rather proud to be a proponent of indolence:

[S]uppose that a BIG actually would, on net, increase unemployment somewhat…. [S]o what? Is it so obviously a flaw in the system if it leads more parents to take time off work to stay home with their children? Or college graduates to take a year off before beginning to work? Or if, among the population as a whole, the balance between work and leisure is slightly shifted toward the latter? My point is not that there isn’t any story that could be told about why work disincentives might be a problem. My point is simply that, even if they were guaranteed to occur, they wouldn’t obviously be a problem.

Well, they obviously would be a problem, as Manzi points out. And, anyway, who is Zwolinksi to decide that my tax dollars should subsidize parental leave, gap years, or more leisure. Those are personal decisions to be made by the persons involved, not by Zwolinski.

One more thing. Zwolinkski’s defense of BIG on the ground that it might promote leisure is a faithful echo of the defense mounted by the left when confronted by a CBO study that estimates the work disincentives of Obamacare’s premium subsidies. Their defense? Those who work less will simply “choose more leisure.” The inconvenient fact that more leisure comes at taxpayers’ expense goes unmentioned.

I repeat what I say here. Zwolinski and his bleeding-heart brethren are birds of a feather with left-statists like Barack Obama, most Democrats in Congress, most professors of the so-called liberal arts, and most members of the media.

ADDENDUM (09/10/14): Just to put another nail in the coffin, I refer you to Stella Morabito’s “Licensing Parents: A Statist Idea in Libertarian Drag” (The Federalist, September 10, 2014). Excerpts:

Imagine you cannot raise your own child without special permission from the state. In this matrix, getting permission means getting a license. And getting a license means the state performs psychological evaluations and background checks and passes judgment on your fitness to be a parent. That’s that. No license, no kid—you are forcibly separated from your baby.

Now, who do you think would come up with a scheme? Marxists, you say? Of course, and for nearly two centuries. Gender theorists? Oh, yes, and for decades on end. Population control fanatics? No question. How about meddlesome, brain-dead bureaucrats? Check.

But what if I told you this idea came out recently, all dressed up as a “libertarian” essay?…

The essay in question is entitled, directly enough: “Licensing Parents,” authored by one Andrew Cohen, a philosophy professor. It was posted on a website that claims to be searching for common ground between free markets and far-Left statism, er, “social justice.” The blog goes by the name “Bleeding Heart Libertarians.” (For those who aren’t former Episcopalians or negotiators with communists, you’ll need to understand that a “search for common ground” is generally a time tested camel’s-nose-in-the-tent ploy. The more gracious the host, the more quickly the camel takes over the tent…)…

…[A]ccording to Cohen, parenting is merely another “service,” i.e., caregiving. And he believes we ought to license it as we do any other service, like practicing medicine or law or pharmacy. Actually, he doesn’t think we should license medicine, law, or pharmacy. You’re an adult, see, and you can make your own choices there. But because children can’t make their own choices and you might do the child harm, you must be licensed. Cohen provides some anecdotes about child abuse, and says the state should always step in before any such thing can ever even happen. Hence, this scheme to entrust all-knowing, always benevolent, deeply caring state bureaucrats to dictate the lifelong relationships of all vulnerable beings.

There’s much more. Read the whole thing and weep for liberty at the hands of bleeding-heart libertarians. They love liberty, you see, as long as it yields outcomes of which they approve.

*     *     *

Related posts:
The Meaning of Liberty
Positive Liberty vs. Liberty
More Social Justice
On Self-Ownership and Desert
Corporations, Unions, and the State
Burkean Libertarianism
What Is Libertarianism?
True Libertarianism, One More Time
What Is Bleeding-Heart Libertarianism?
The Morality of Occupying Private Property
Liberty, Negative Rights, and Bleeding Hearts
Why Conservatism Works
Bleeding Heart Libertarians = Left Statists
Enough with the Bleeding Hearts, Already
Not Guilty of Libertarian Purism
Liberty and Society
Defending Liberty against (Pseudo) Libertarians
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Getting Liberty Wrong

Not-So-Random Thoughts (X)

How Much Are Teachers Worth?

David Harsanyi writes:

“The bottom line,” says the Center for American Progress, “is that mid- and late-career teachers are not earning what they deserve, nor are they able to gain the salaries that support a middle-class existence.”

Alas, neither liberal think tanks nor explainer sites have the capacity to determine the worth of human capital. And contrasting the pay of a person who has a predetermined government salary with the pay earned by someone in a competitive marketplace tells us little. Public-school teachers’ compensation is determined by contracts negotiated long before many of them even decided to teach. These contracts hurt the earning potential of good teachers and undermine the education system. And it has nothing to do with what anyone “deserves.”

So if teachers believe they aren’t making what they’re worth — and they may well be right about that — let’s free them from union constraints and let them find out what the job market has to offer. Until then, we can’t really know. Because a bachelor’s degree isn’t a dispensation from the vagaries of economic reality. And teaching isn’t the first step toward sainthood. Regardless of what you’ve heard. (“Are Teachers Underpaid? Let’s Find Out,” Creators.com, July 25, 2014)

Harsanyi is right, but too kind. Here’s my take, from “The Public-School Swindle“:

[P]ublic “education” — at all levels — is not just a rip-off of taxpayers, it is also an employment scheme for incompetents (especially at the K-12 level) and a paternalistic redirection of resources to second- and third-best uses.

And, to top it off, public education has led to the creation of an army of left-wing zealots who, for many decades, have inculcated America’s children and young adults in the advantages of collective, non-market, anti-libertarian institutions, where paternalistic “empathy” supplants personal responsibility.

Utilitarianism, Once More

EconLog bloggers Bryan Caplan and Scott Sumner are enjoying an esoteric exchange about utilitarianism (samples here and here), which is a kind of cost-benefit calculus in which the calculator presumes to weigh the costs and benefits that accrue to other persons.  My take is that utilitarianism borders on psychopathy. In “Utilitarianism and Psychopathy,” I quote myself to this effect:

Here’s the problem with cost-benefit analysis — the problem it shares with utilitarianism: One person’s benefit can’t be compared with another person’s cost. Suppose, for example, the City of Los Angeles were to conduct a cost-benefit analysis that “proved” the wisdom of constructing yet another freeway through the city in order to reduce the commuting time of workers who drive into the city from the suburbs.

Before constructing the freeway, the city would have to take residential and commercial property. The occupants of those homes and owners of those businesses (who, in many cases would be lessees and not landowners) would have to start anew elsewhere. The customers of the affected businesses would have to find alternative sources of goods and services. Compensation under eminent domain can never be adequate to the owners of taken property because the property is taken by force and not sold voluntarily at a true market price. Moreover, others who are also harmed by a taking (lessees and customers in this example) are never compensated for their losses. Now, how can all of this uncompensated cost and inconvenience be “justified” by, say, the greater productivity that might (emphasize might) accrue to those commuters who would benefit from the construction of yet another freeway.

Yet, that is how cost-benefit analysis works. It assumes that group A’s cost can be offset by group B’s benefit: “the greatest amount of happiness altogether.”

America’s Financial Crisis

Timothy Taylor tackles the looming debt crisis:

First, the current high level of government debt, and the projections for the next 25 years, mean that the U.S. government lacks fiscal flexibility….

Second, the current spending patterns of the U.S. government are starting to crowd out everything except health care, Social Security, and interest payments….

Third, large government borrowing means less funding is available for private investment….

…CBO calculates an “alternative fiscal scenario,” in which it sets aside some of these spending and tax changes that are scheduled to take effect in five years or ten years or never…. [T]he extended baseline scenario projected that the debt/GDP ratio would be 106% by 2039. In the alternative fiscal scenario, the debt-GDP ratio is projected to reach 183% of GDP by 2039. As the report notes: “CBO’s extended alternative fiscal scenario is based on the assumptions that certain policies that are now in place but are scheduled to change under current law will be continued and that some provisions of law that might be difficult to sustain for a long period will be modified. The scenario, therefore, captures what some analysts might consider to be current policies, as opposed to current laws.”…

My own judgement is that the path of future budget deficits in the next decade or so is likely to lean toward the alternative fiscal scenario. But long before we reach a debt/GDP ratio of 183%, something is going to give. I don’t know what will change. But as an old-school economist named Herb Stein used to say, “If something can’t go on, it won’t.” (Long Term Budget Deficits,Conversable Economist, July 24, 2014)

Professional economists are terribly low-key, aren’t they? Here’s the way I see it, in “America’s Financial Crisis Is Now“:

It will not do simply to put an end to the U.S. government’s spending spree; too many State and local governments stand ready to fill the void, and they will do so by raising taxes where they can. As a result, some jurisdictions will fall into California- and Michigan-like death-spirals while jobs and growth migrate to other jurisdictions…. Even if Congress resists the urge to give aid and comfort to profligate States and municipalities at the expense of the taxpayers of fiscally prudent jurisdictions, the high taxes and anti-business regimes of California- and Michigan-like jurisdictions impose deadweight losses on the whole economy….

So, the resistance to economically destructive policies cannot end with efforts to reverse the policies of the federal government. But given the vast destructiveness of those policies — “entitlements” in particular — the resistance must begin there. Every conservative and libertarian voice in the land must be raised in reasoned opposition to the perpetuation of the unsustainable “promises” currently embedded in Social Security, Medicare, and Medicaid — and their expansion through Obamacare. To those voices must be added the voices of “moderates” and “liberals” who see through the proclaimed good intentions of “entitlements” to the economic and libertarian disaster that looms if those “entitlements” are not pared down to their original purpose: providing a safety net for the truly needy.

The alternative to successful resistance is stark: more borrowing, higher interest payments, unsustainable debt, higher taxes, and economic stagnation (at best).

For the gory details about government spending and economic stagnation, see “Estimating the Rahn Curve: Or, How Government Spending Inhibits Economic Growth” and “The True Multiplier.”

Climate Change: More Evidence against the Myth of AGW

There are voices of reason, that is, real scientists doing real science:

Over the 55-years from 1958 to 2012, climate models not only significantly over-predict observed warming in the tropical troposphere, but they represent it in a fundamentally different way than is observed. (Ross McKittrick and Timothy Vogelsang, “Climate models not only significantly over-predict observed warming in the tropical troposphere, but they represent it in a fundamentally different way than is observed,” excerpted at Watt’s Up With That, July 24, 2014)

Since the 1980s anthropogenic aerosols have been considerably reduced in Europe and the Mediterranean area. This decrease is often considered as the likely cause of the brightening effect observed over the same period. This phenomenon is however hardly reproduced by global and regional climate models. Here we use an original approach based on reanalysis-driven coupled regional climate system modelling, to show that aerosol changes explain 81 ± 16 per cent of the brightening and 23 ± 5 per cent of the surface warming simulated for the period 1980–2012 over Europe. The direct aerosol effect is found to dominate in the magnitude of the simulated brightening. The comparison between regional simulations and homogenized ground-based observations reveals that observed surface solar radiation, as well as land and sea surface temperature spatio-temporal variations over the Euro-Mediterranean region are only reproduced when simulations include the realistic aerosol variations. (“New paper finds 23% of warming in Europe since 1980 due to clean air laws reducing sulfur dioxide,” The Hockey Schtick, July 23, 2014)

My (somewhat out-of-date but still useful) roundup of related posts and articles is at “AGW: The Death Knell.”

Crime Explained…

…but not by this simplistic item:

Of all of the notions that have motivated the decades-long rise of incarceration in the United States, this is probably the most basic: When we put people behind bars, they can’t commit crime.

The implied corollary: If we let them out, they will….

Crime trends in a few states that have significantly reduced their prison populations, though, contradict this fear. (Emily Badger, “There’s little evidence that fewer prisoners means more crime,” Wonkblog, The Washington Post, July 21, 2014)

Staring at charts doesn’t yield answers to complex, multivariate questions, such as the causes of crime. Ms. Badger should have extended my work of seven years ago (“Crime, Explained“). Had she, I’m confident that she would have obtained the same result, namely:

VPC (violent+property crimes per 100,000 persons) =

-33174.6

+346837BLK (number of blacks as a decimal fraction of the population)

-3040.46GRO (previous year’s change in real GDP per capita, as a decimal fraction of the base)

-1474741PRS (the number of inmates in federal and State prisons in December of the previous year, as a decimal fraction of the previous year’s population)

The t-statistics on the intercept and coefficients are 19.017, 21.564, 1.210, and 17.253, respectively; the adjusted R-squared is 0.923; the standard error of the estimate/mean value of VPC = 0.076.

The coefficient and t-statistic for PRS mean that incarceration has a strong, statistically significant, negative effect on the violent-property crime rate. In other words, more prisoners = less crime against persons and their property.

The Heritability of Intelligence

Strip away the trappings of culture and what do you find? This:

If a chimpanzee appears unusually intelligent, it probably had bright parents. That’s the message from the first study to check if chimp brain power is heritable.

The discovery could help to tease apart the genes that affect chimp intelligence and to see whether those genes in humans also influence intelligence. It might also help to identify additional genetic factors that give humans the intellectual edge over their non-human-primate cousins.

The researchers estimate that, similar to humans, genetic differences account for about 54 per cent of the range seen in “general intelligence” – dubbed “g” – which is measured via a series of cognitive tests. “Our results in chimps are quite consistent with data from humans, and the human heritability in g,” says William Hopkins of the Yerkes National Primate Research Center in Atlanta, Georgia, who heads the team reporting its findings in Current Biology.

“The historical view is that non-genetic factors dominate animal intelligence, and our findings challenge that view,” says Hopkins. (Andy Coghlan, “Chimpanzee brain power is strongly heritable,New Scientist, July 10, 2014)

Such findings are consistent with Nicholas Wade’s politically incorrect A Troublesome Inheritance: Genes, Race and Human History. For related readings, see “‘Wading’ into Race, Culture, and IQ’.” For a summary of scholarly evidence about the heritability of intelligence — and its dire implications — see “Race and Reason — The Achievement Gap: Causes and Implications.” John Derbyshire offers an even darker view: “America in 2034” (American Renaissance, June 9, 2014).

The correlation of race and intelligence is, for me, an objective matter, not an emotional one. For evidence of my racial impartiality, see the final item in “My Moral Profile.”

Has America Always Been Leftist?

Dr. John J. Ray, writing at Dissecting Leftism, enraged some Americans with two recent posts about America and leftism. I’m grateful to Dr. Ray for publishing, in a subsequent post, a message that I sent to him about the two posts in question. Herein, I elaborate on the points that I made in my message to Dr. Ray.

In “America Has Always Been Leftist,” Dr. Ray asserts the following:

As most Americans learn around the time of Thanksgiving, America was founded by fanatical communists.  They forbad [sic] private ownership of land and insisted that all produce be shared communally.  If that’s not communism, nothing is.  They were such fanatics that a third of them had to starve to death before they decided that communism wasn’t such a good idea and went back to the way things had always been done in stodgy old England.

So what should we expect of a nation dominated by the descendants of fanatical communists?  What we should expect is exactly what we actually got, I submit.

But before I get to that, let me  ensure complete clarity about what the core of Leftism is.  The content of Leftism changes from time to time.  Before WWII, Leftists world wide were energetic champions of eugenics, for instance.  Leftists now abhor it.  So what is constant in Leftism?  Anger.  Leftists in all eras are so dissatisfied with the society in which they live that they want sweeping changes to it. And they thirst for power to achieve that.  That is Leftism.

Pace Dr. Ray, it is well known that the “fanatical communists” of Plymouth Colony quickly abandoned their experiment in communism; for example, Jerry Bowyer writes:

…America was founded by socialists who had the humility to learn from their initial mistakes and embrace freedom.

One of the earliest and arguably most historically significant North American colonies was Plymouth Colony, founded in 1620 in what is now known as Plymouth, Massachusetts. As I’ve outlined in greater detail here before (Lessons From a Capitalist Thanksgiving), the original colony had written into its charter a system of communal property and labor.

As William Bradford recorded in his Of Plymouth Plantation, a people who had formerly been known for their virtue and hard work became lazy and unproductive. Resources were squandered, vegetables were allowed to rot on the ground and mass starvation was the result. And where there is starvation, there is plague. After 2 1/2 years, the leaders of the colony decided to abandon their socialist mandate and create a system which honored private property. The colony survived and thrived and the abundance which resulted was what was celebrated at that iconic Thanksgiving feast….

It is, moreover, an exaggeration to say that America is “a nation dominated by the descendants of fanatical communists.” First, as I’ve just pointed out, the inhabitants of Plymouth Colony were hardly fanatical. If they had been, they would have chosen the sure impoverishment (and probable death) of communism over the relative prosperity (and liberty) that came their way when they abandoned their infatuation with communism.

Second, only a small minority of today’s Americans — even of today’s white Americans — can count themselves as “full blooded” descendants of the inhabitants of Plymouth Colony or other early settlers might also have harbored socialistic delusions. There have been too many immigrants from continental Europe and too much “miscegenation” for that to be true.

Third, and fundamentally, it is meaningless to generalize about “Americans,” as I’ve explained at length here. There are and have been individual Americans of many political persuasions, most of them confused and contradictory.

That said, I do agree, generally, with Dr. Ray’s characterization of the motivations underlying the War of Independence. In his next post, “Has America Always Been Leftist?,” Dr. Ray says this:

I did learn something very important from [the critics of "America Has Always Been Leftist"].  It was vividly brought home to me how impressive fine words are to most people.  When even patriotic American conservatives can be taken in by them, it shows why Leftists have so much influence. Leftists are nothing but fine words.  To me fine words are only provisionally important.  They have to be backed up by deeds and it is the deeds that matter.

An excellent example of how fine words impress even conservatives  is the preamble to the Declaration of Independence.  It is full of fine words and noble sentiments.  Most political documents are.  Stalin’s Soviet constitution also was a high-minded document proclaiming all sorts of rights for Soviet citizens  – rights which were denied in fact.

So once you look past the grand generalizations of the Declaration’s introduction and get to the nitty gritty of what the Yankee grandees really wanted fixed, you see that it is very mundane, if not ignoble.  What was really bothering them was restrictions on their powers to legislate.  They wanted more laws, not less!   Very Leftist.

And from THAT starting point you can see why the war was fought and for whose benefit.  The grandees concerned had a lot of influence and were good at fine talk so they could muster an army — and they did.  And who benefited from the war?  Was it the poor farmers and tradesmen who died as foot-soldiers in it?  No way!  It was the grandees who started the war.  They emerged with exactly what they wanted:  More power.

I am sorry if that account sounds offensive to people who still believe the original propaganda, but if you ignore the fancy talk and just look at the facts, that is what happened.

Dr. Ray’s sweeping use of “Leftist” aside, his main point is well taken. I made a similar observation in response to a post by Timothy Sandefur, who was then guest-blogging at The Volokh Conspiracy. Sandefur, writing about his book The Conscience of the Constitution, asserted that “The American founders held that people are inherently free—that is, no person has a basic entitlement to dictate how other people may lead their lives.” I responded:

Did they, really? All of them, including the slave owners? Or did they simply want to relocate the seat of power from London to the various State capitals, where local preferences (including anti-libertarian ones) could prevail? Wasn’t that what the Declaration of Independence and Articles of Confederation were all about? The Constitution simply moved some of the power toward the national capital, mainly for the conduct of foreign policy and trade. Despite that, the Constitution was a “States’ rights” document, and remained that way until the ratification of Amendment XIV, from which much anti-libertarian mischief has emanated.

In response to Sandefur’s next post, I wrote:

Why can’t you [Sandefur] just admit that the Declaration of Independence was a p.r. piece, penned (in the main) by a slave-owner and subscribed to by various and sundry elites who (understandably) resented their treatment at the hands of a far-away sovereign and Parliament? You’re trying to make more of the Declaration — laudable as its sentiments are — than should be made of it….

In sum, the War of Independence isn’t all that it’s cracked up to be.

And there’s no doubt that liberty suffered in the long run as a result of the North’s victory in the Civil War. I return to Dr. Ray’s “America Has Always Been Leftist,” where he says this:

“Only” half a million men died [in the Civil War].  And for what?  EVERY other country on earth abolished slavery without the need for a war.  Does that not tell us something?  It should.  In his famous letter to Horace Greeley [link added], Lincoln himself admitted that slavery was not the main issue.  The issue was the dominance of central government.  V.I. Lenin call your office.  Lincoln didn’t call it “dominance of central government”, of course.  He called it “the union” but the result is the same.

And just about everything Lincoln did was without a shred of constitional justification and in fact breached the constitution.  Hitler at least had the grace to get an “enabling act” passed by the German parliament.  Lincoln just marched on regardless. He destroyed the liberty of the press (there goes your first amendment) and locked up thousands of war opponents (there goes your 4th amendment).  But most centrally, Lincoln’s whole enterprise was a defiance of the basic American constitutional dispensation that the states are sovereign, not the federal government.  Lincoln turned that on its head.  The feds now became the main source of power and authority.  There is no doubt that Lincoln talked a good talk.  He even used to persuade me once.  But his deeds reek of Fascism.

A good example of the large gap between his deeds and words is that masterpiece of propaganda, the Gettysburg address.  Goebbels admired it for good reason.  In case anybody hasn’t noticed, Lincoln claimed that his war was to ensure “government of the people, by the people, for the people” — which was exactly what he had just denied to the South!  Only Yankees are people, apparently.  Hitler thought certain groups weren’t people too.

Overwrought? Perhaps, but if Lincoln wasn’t a left-statist, he at least set an example for extra-constitutional activism that inspired Theodore Roosevelt’s hyper-activism (e.g., see this and this). TR, of course, set an example that was followed and enlarged upon by most of his successors, unto the present day.

Another anti-libertarian legacy of the Civil War is the false belief that it “proved” the unconstitutionality of secession. Balderdash! Secession is legal, Justice Scalia’s dictum to the contrary notwithstanding. (See this, this, and this, for example.) And the ever-present threat of secession might have helped to keep the central government from overstepping its constitutional bounds.

I must conclude, however, that the American Revolution and Civil War have little to do with “left” (or “right”) and much to do with human venality and power-lust, which are found in persons of all political persuasions.

The genius of the Constitution was that it provided mechanisms for curbing the anti-libertarian effects of venality and power-lust. The tragedy of the Constitution is that those mechanisms have been destroyed. If Dr. Ray were to say that Americans have gradually lost their liberty through successive and cumulative violations of the Constitution, I would agree with him

And if Dr. Ray were to say that Americans have become the captives of a leftist state, and are likely to remain so, I would agree with him.

*     *     *

Related posts:
FDR and Fascism
The Modern Presidency: A Tour of American History
An FDR Reader
The People’s Romance
Secession
The Near-Victory of Communism
A Declaration of Independence
Tocqueville’s Prescience
Invoking Hitler
The Left
The Constitution: Original Meaning, Corruption, and Restoration
I Want My Country Back
Our Enemy, the State
The Left’s Agenda
The Meaning of Liberty
The Southern Secession Reconsidered
The Left and Its Delusions
Burkean Libertarianism
A Declaration and Defense of My Prejudices about Governance
Society and the State
Why Conservatism Works
Liberty and Society
Tolerance on the Left
The Eclipse of “Old America”
A Contrarian View of Universal Suffrage
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
Conservatism as Right-Minarchism
“We the People” and Big Government
Parsing Political Philosophy (II)
How Libertarians Ought to Think about the Constitution
Romanticizing the State
Libertarianism and the State

“Liberalism” and Personal Responsibility

As usual, I enclose “liberal” and its variants in quotation marks because such words refer to persons and movements whose statist policies are in fact destructive of liberty, that is, illiberal.

The unacknowledged core value of “liberalism” is its repudiation of personal responsibility. There is ample evidence of this; for example:

  • the treatment of material inequality as inequity, as if differences in intelligence, skills, ambition, and work habits are irrelevant
  • unblinking support for the redistribution of income and wealth, thus encouraging sloth and punishing intelligence, skill, ambition, and hard work
  • a preference for rehabilitation and second, third, and fourth chances, as opposed to sure, swift, and harsh punishment for criminal acts
  • the unsupported view that terrorism arises from poverty and is therefore “understandable,” and isn’t an act of war but merely a crime whose perpetrators must be accorded due process in American courts
  • the promotion of abortion, which is a way of escaping the consequences of imprudent sexual behavior — after-the-fact birth control, as it were
  • the disparagement and destruction of familial responsibility, through welfare programs, easy divorce, the advancement of gay “marriage,” and the subsidization of women’s work outside the home
  • a general disinclination to hold persons responsible for the consequences of their actions: various addictions are “diseases”; those who acquire lung cancer by smoking are “victims” of tobacco companies; those who engage in risky sex acts are “victims” of AIDS; those who borrow money and don’t repay it; and on and on
  • the treatment of straight, white males as”privileged,” to justify the indiscriminate bestowal of favors on “protected groups” (those who aren’t straight, white males) because all members of such groups are discriminated against,” “disadvantaged,” and “oppressed,” by definition.

Anthony Daniels (Theodore Dalyrmple) captures the essence of the “liberal” mindset:

In the United States, the National Institute on Drug Abuse defines addiction quite baldly as a chronic relapsing brain disease—and nothing else. I hesitate to say it, but this seems to me straightforwardly a lie, told to willing dupes in order to raise funds from the federal government.

Be that as it may, the impression has been assiduously created and peddled among the addicts that they are the helpless victims of something that is beyond their own control, which means that they need the technical assistance of what amounts to a substantial bureaucratic apparatus in order to overcome it. When heroin addicts just sentenced to imprisonment arrived, they said to me, “I would give up, doctor, if only I had the help.” What they meant by this was that they would give up heroin if some cure existed that could be administered to them that would by itself, without any resolution on their part, change their behavior. In this desire they appeared sincere—but at the same time they knew that such a cure did not exist, nor would most of them have agreed to take it if it did exist….

[A]ll the bases upon which heroin addiction is treated as if it is something that happens to people rather than something that people do are false, and easily shown to be false. This is so whatever the latest neuro-scientific research may supposedly show….

Dishonest passivity and dependence combined with harmful activity becomes a pattern of life, and not just among drug addicts. I remember going into a single mother’s house one day. The house was owned by the local council; her rent was paid, and virtually everything that she owned, or that she and her children consumed, was paid for from public funds. I noticed that her back garden, which could have been pretty had she cared for it, was like a noxious rubbish heap. Why, I asked her, do you not clear it up for your children to play in? “I’ve asked the council many times to do it,” she replied. The council owned the property; it was therefore its duty to clear up the rubbish that she, the tenant, had allowed to accumulate there—and this despite what she knew to be the case, that the council would never do so! Better the rubbish should remain there than that she do what she considered to be the council’s duty. At the same time she knew perfectly well that she was capable of clearing the rubbish and had ample time to do so. This is surely a very curious but destructive state of mind, and one that some politicians have unfortunately made it their interest to promote by promising secular salvation from relative poverty by means of redistribution….

[T]he notions of dependence and independence have changed. I remember a population that was terrified of falling into dependence on the state, because such dependence, apart from being unpleasant in itself, signified personal failure and humiliation. But there has been an astonishing gestalt switch in my lifetime. Independence has now come to mean independence of the people to whom one is related and dependence on the state. (“The Worldview That Makes the Underclass,” Imprimis, May/June 2014)

The deeper tragedy is that the denial of personal responsibility leads inevitably to the erosion of liberty. When the state becomes the arbiter of our morals, it becomes perforce the arbiter of our actions.

*     *     *

Related posts:
Diversity
The Cost of Affirmative Action
It Can Happen Here: Eugenics, Abortion, Euthanasia, and Mental Screening
Affirmative Action: A Modest Proposal
Affirmative Action: Two Views from the Academy
Affirmative Action, One More Time
A Contrarian View of Segregation
The Consequences of Roe v. Wade
The Old Eugenics in a New Guise
The Left, Abortion, and Adolescence
After the Bell Curve
A Footnote . . .
Schelling and Segregation
“Equal Protection” and Homosexual Marriage
Law, Liberty, and Abortion
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
Law, Liberty, and Abortion
Abortion and the Slippery Slope
An Argument Against Abortion
Singer Said It
A “Person” or a “Life”?
The Case against Genetic Engineering
Affirmative Action: Two Views from the Academy, Revisited
A Wrong-Headed Take on Abortion
“Family Values,” Liberty, and the State
On Liberty
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
In Defense of Marriage
Understanding Hayek
Burkean Libertarianism
Rights: Source, Applicability, How Held
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
Abortion and Logic
The Myth That Same-Sex “Marriage” Causes No Harm
Society and the State
Are You in the Bubble?
Liberty, Negative Rights, and Bleeding Hearts
Conservatives vs. “Liberals”
Why Conservatism Works
Abortion, Doublethink, and Left-Wing Blather
Race and Reason: The Victims of Affirmative Action
Abortion, “Gay Rights,” and Liberty
Race and Reason: The Achievement Gap — Causes and Implications
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
“Conversing” about Race
Defining Liberty
Conservatism as Right-Minarchism
“We the People” and Big Government
Evolution and Race
The Culture War
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Getting Liberty Wrong
Surrender? Hell No!
Governmental Perversity
Libertarianism and the State

Libertarianism and the State

The version of libertarianism that I address here is minarchism: the belief that the state — whether necessary or inevitable — is legitimate only if its functions are limited to the defense of its citizens from foreign and domestic predators. Anarchism — an extreme form of libertarianism — is a pipe dream, for reasons I detail in several posts; e.g., here.

Under minarchism, the order that is necessary to liberty — peaceful, willing coexistence and its concomitant: beneficially cooperative behavior — is fostered by the institutions of civil society: family, church, club, and the like. Those institutions inculcate morality and enforce it through “social pressure.” The state (ideally) deals only with those persons who violate fundamental canons of behavior toward other persons (e.g., the last six of the Ten Commandments), and also defends the populace from foreign enemies.

Though America is a long way from minarchism, something like it was possible under the Articles of Confederation and in the early decades under the Constitution, when the central government was relatively unobtrusive and most legal constraints on human action were levied by State and local governments. In those conditions, Americans could rid themselves of unwanted social and legal strictures by leaving one State for another or venturing into the relatively ungoverned frontier territories.

Having defined libertarianism (for the purpose of this post), I will now state the surprising conclusion to which I have come: Its adherents are unwitting statists.

Obviously, you will expect — and get — an explanation of that startling statement. I’ll begin with the central tenet of mainstream libertarianism: Individual persons may not be coerced by anyone — state or society — except as their actions may cause harm to others.

That seems like a reasonable position, until you ask what “harm” means. Here’s the author of the harm principle, John Stuart Mill:

[N]either one person, nor any number of persons, is warranted in saying to another human creature of ripe years, that he shall not do with his life for his own benefit what he chooses to do with it. He is the person most interested in his own well-being: the interest which any other person, except in cases of strong personal attachment, can have in it, is trifling, compared with that which he himself has; the interest which society has in him individually (except as to his conduct to others) is fractional, and altogether indirect: while, with respect to his own feelings and circumstances, the most ordinary man or woman has means of knowledge immeasurably surpassing those that can be possessed by any one else. The interference of society to overrule his judgment and purposes in what only regards himself, must be grounded on general presumptions; which may be altogether wrong, and even if right, are as likely as not to be misapplied to individual cases, by persons no better acquainted with the circumstances of such cases than those are who look at them merely from without. In this department, therefore, of human affairs, Individuality has its proper field of action. In the conduct of human beings towards one another, it is necessary that general rules should for the most part be observed, in order that people may know what they have to expect; but in each person’s own concerns, his individual spontaneity is entitled to free exercise….

I fully admit that the mischief which a person does to himself may seriously affect, both through their sympathies and their interests, those nearly connected with him, and in a minor degree, society at large…. No person ought to be punished simply for being drunk; but a soldier or a policeman should be punished for being drunk on duty. Whenever, in short, there is a definite damage, or a definite risk of damage, either to an individual or to the public, the case is taken out of the province of liberty, and placed in that of morality or law.

But with regard to the merely contingent, or, as it may be called, constructive injury which a person causes to society, by conduct which neither violates any specific duty to the public, nor occasions perceptible hurt to any assignable individual except himself; the inconvenience is one which society can afford to bear, for the sake of the greater good of human freedom…. (On Liberty, Chapter IV)

To begin at the end of the quotation, Mill arbitrarily places a higher value on freedom, as an abstract ideal, than he does on the harms that can occur in its name. This kind of mindless devotion to the abstract ideal of freedom, without regard for costs or consequences, is common among libertarians. But freedom means nothing if it can’t be described without reference to the real-world conditions of human existence. To appeal to freedom as an abstract desideratum — superior to whatever alternative is being rejected in its name — is to commit the fallacy of misplaced concreteness and, simultaneously, the nirvana fallacy. Freedom, as philosopher Jamie Whyte would say, is a “hooray word”: “Declare you are in favor of” freedom “and everyone will cheer his agreement, even if he disagrees with you in every particular question of what” freedom means (Bad Thoughts, p. 61).

What about the harms that Mill (and his followers unto this day) dismiss as “neither violat[ing] any specific duty … nor occasion[ing] perceptible hurt to any assignable individual except himself”? Who is fit to make the judgment as to whether a particular action constitutes a “hurt,” the members of the society whose norms have been violated or “rational” observers, like Mill? Society — properly understood — is a tightly woven fabric, individual strands of which can’t be plucked without damaging the whole. Rationalists and “reformers” tend to focus on the parts of society that they want to change, without considering the effects of change on the well-being of society. (I will come to a salient example, below.)

Friedrich Hayek sees through Mill’s rationalism:

[T]rue individualism … began its modern development with John Locke, and particularly with Bernard Mandeville and David Hume, and achieved full stature for the first time in the work of Josiah Tucker, Adam Ferguson, and Adam Smith and in that of their great contemporary, Edmund Burke–the man whom Smith described as the only person he ever knew who thought on economic subjects exactly as he did without any previous communication having passed between them. In the nineteenth century I find it represented most perfectly in the work of two of its greatest historians and political philosophers: Alexis de Tocqueville and Lord Acton…. [T]he classical economists of the nineteenth century, or at least the Benthamites or philosophical radicals among them, came increasingly under the influence of another kind of individualism of different origin.

This second and altogether different strand of thought, also known as individualism, is represented mainly by French and other Continental writers–a fact due, I believe, to the dominant role which Cartesian rationalism plays in its composition…. [T]his rationalistic individualism always tends to develop into the opposite of individualism, namely, socialism or collectivism. It is because only the first kind of individualism is consistent that I claim for it the name of true individualism, while the second kind must probably be regarded as a source of modern socialism as important as the properly collectivist theories….

What, then, are the essential characteristics of true individualism? The first thing that should be said is that it is primarily a theory of society, an attempt to understand the forces which determine the social life of man, and only in the second instance a set of political maxims derived from this view of society. This fact should by itself be sufficient to refute the silliest of the common misunderstandings: the belief that individualism postulates (or bases its arguments on the assumption of) the existence of isolated or self-contained individuals, instead of starting from men whose whole nature and character is determined by their existence in society. If that were true, it would indeed have nothing to contribute to our understanding of society. But its basic contention is quite a different one; it is that there is no other way toward an understanding of social phenomena but through our understanding of individual actions directed toward other people and guided by their expected behavior. This argument is directed primarily against the properly collectivist theories of society which pretend to be able directly to comprehend social wholes like society, etc., as entities sui generis which exist independently of the individuals which compose them….

Quite as important for the functioning of an individualist society … are the traditions and conventions which evolve in a free society and which, without being enforceable, establish flexible but normally observed rules that make the behavior of other people predictable in a high degree. The willingness to submit to such rules, not merely so long as one understands the reason for them but so long as one has no definite reasons to the contrary, is an essential condition for the gradual evolution and improvement of rules of social intercourse… That the existence of common conventions and traditions among a group of people will enable them to work together smoothly and efficiently with much less formal organization and compulsion than a group without such common background, is, of course, a commonplace….

This brings me to … the necessity, in any complex society in which the effects of anyone’s action reach far beyond his possible range of vision, of the individual submitting to the anonymous and seemingly irrational forces of society–a submission which must include not only the acceptance of rules of behavior as valid without examining what depends in the particular instance on their being observed but also a readiness to adjust himself to changes which may profoundly affect his fortunes and opportunities and the causes of which may be altogether unintelligible to him. It is against these that modern man tends to revolt unless their necessity can be shown to rest upon “reason made clear and demonstrable to every individual.”

Yet it is just here that the understandable craving for intelligibility produces illusory demands which no system can satisfy….

The unwillingness to tolerate or respect any social forces which are not recognizable as the product of intelligent design, which is so important a cause of the present desire for comprehensive economic planning, is indeed only one aspect of a more general movement…. The belief that only a synthetic system of morals, an artificial language, or even an artificial society can be justified in an age of science, as well as the increasing unwillingness to bow before any moral rules whose utility is not rationally demonstrated, or to conform with conventions whose rationale is not known, are all manifestations of the same basic view which wants all social activity to be recognizably part of a single coherent plan… They are the results of that same rationalistic “individualism” which wants to see in everything the product of conscious individual reason. They are certainly not, however, a result of true individualism and may even make the working of a free and truly individualistic system difficult or impossible….

This cult of the distinct and different individuality has, of course, deep roots in the German intellectual tradition and, through the influence of some of its greatest exponents, especially Goethe and Wilhelm von Humboldt, has made itself felt far beyond Germany and is clearly seen in J. S. Mill’s [On] Liberty. This sort of “individualism” not only has nothing to do with true individualism but may indeed prove a grave obstacle to the smooth working of an individualist system…. [I]f people are too “individualistic” in the false sense, if they are too unwilling voluntarily to conform to traditions and conventions, and if they refuse to recognize anything which is not consciously designed or which cannot be demonstrated as rational to every individual. It is at least understandable that the prevalence of this kind of “individualism” has often made people of good will despair of the possibility of achieving order in a free society and even made them ask for a- dictatorial government with the power to impose on society the order which it will not produce itself. (Individualism and Economic Order, Chapter I)

Consider Mill’s defense of the drunkard. Mill speaks of “punishment” as if that were the only alternative, and he sets up dereliction of duty as the only kind of act stemming from drunkenness that ought to be punished. But an habitual drunk does great damage to those around him, by failing to provide properly for his wife and children, by performing his job to less than his ability, by causing accidents that can harm others as well as himself, and so on. When there was such a thing as society — before it was constructively eradicated by the state’s usurpation and suppression of traditional functions of civil society (e.g., education, charity, religious expression) — a drunkard would have been an object of scorn and opprobrium. Whether or not a particular drunkard would have changed his ways because of scorn and opprobrium, observant fellows would have seen in his treatment an object lesson.

In any event, social justice of the true kind — the reaction of society to those who offend against its norms — serves a civilizing function that the state simply cannot duplicate. The state is a rule-bound, reactive institution, unlike the kind of living institution that is found in true society: an enduring and cooperating social group whose members have developed organized patterns of relationships through interaction with one another.

This brings me to the example that I promised earlier: abortion. At the time of the founding of the United States, abortion was widely prohibited under common law. Statutory prohibitions followed throughout the 19th century. Before Roe v. Wade (1973), only four States allowed abortions without restrictions; 16 States allowed abortions in cases of rape, incest, danger to the mother’s health, or fetal damage; abortion was simply not allowed in the other 30 States. The prevailing restrictions are consistent with the historical condemnation of abortion (at some stage of fetal development) by most religions. (It is irrelevant to this discussion that some faiths and denominations have, in the years since Roe v. Wade, changed their dogmas in an attempt to be “relevant.”)

In sum, the widespread proscription of abortion in the United States enjoyed broad and deep support for almost two centuries. One could reasonably call condemnation of abortion a social norm. Special pleading in favor of abortion, which led to the pro-abortion ruling in Roe v. Wade, contributed greatly to the division of America that runs along the fault lines of the culture war and the proper role of government.

Did the social engineers who foisted legalized abortion on America mean to weaken the already strained bonds of trust among Americans? Probably not, but neither is it likely that they gave the prospect of social division much thought, or if they did they probably didn’t care about it. (I have no doubt about the equally reckless and insouciant attitudes of the social engineers who put the full force of law behind reverse racism, and who are now trying to do the same for homosexual “marriage.”)

This is what happens when social norms are overturned by do-gooders. Which brings me to the do-gooders who call themselves libertarians. They claim to be against the intrusion of the state into social arrangements — except when those social arrangements don’t suit them. They are the false individualists of whom Hayek writes.

The widespread prohibition of abortion, by law, reflected a deep-seated social norm. The desire of most whites to avoid forced association with blacks reflected (and reflects) valid observations about differences in culture, behavior, and intelligence. The desire of most heterosexuals to preserve the traditional definition of marriage reflected (and still reflects) their rightful abhorrence of a perverse “lifestyle” and visceral understanding that redefining marriage will weaken it, and thus weaken its civilizing influence. But such truths matter not to a false individualist, who cannot see the forest of society for the trees of their individual whims.

And so, when a libertarian (really a pseudo-libertarian) wants to enact his particular anti-social social agenda, where does he turn? He turns to the state and implores it to intervene in social matters, without thinking of or caring about the consequences. Because the (psuedo) libertarian — like Mill — is bedazzled by “freedom” from social restraints. In that respect, it’s hard to tell a (pseudo) libertarian from a “liberal; both want to strike down social restraints that they dislike, in favor of state-imposed restraints that are to their liking.

Thus do (pseudo) libertarians (and “liberal”) shred the bonds of trust that enable a people to live in liberty, which is not the same thing as “freedom” from social restraints. As Hayek puts it:

[T]he existence of common conventions and traditions among a group of people … enable them to work together smoothly and efficiently with much less formal organization and compulsion than a group without such common background.

Or, as I have said, liberty is a state of peaceful, willing coexistence and its concomitant: beneficially cooperative behavior. Such a state is unattainable where the “conventions and traditions” that underlie mutual trust are demolished willy-nilly in the name of “freedom.”

*     *     *

Related posts:
Diversity
The Cost of Affirmative Action
It Can Happen Here: Eugenics, Abortion, Euthanasia, and Mental Screening
Affirmative Action: A Modest Proposal
Affirmative Action: Two Views from the Academy
Affirmative Action, One More Time
A Contrarian View of Segregation
The Consequences of Roe v. Wade
The Old Eugenics in a New Guise
The Left, Abortion, and Adolescence
After the Bell Curve
A Footnote . . .
Schelling and Segregation
“Equal Protection” and Homosexual Marriage
Law, Liberty, and Abortion
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
Law, Liberty, and Abortion
Abortion and the Slippery Slope
An Argument Against Abortion
Singer Said It
A “Person” or a “Life”?
The Case against Genetic Engineering
Affirmative Action: Two Views from the Academy, Revisited
A Wrong-Headed Take on Abortion
“Family Values,” Liberty, and the State
On Liberty
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
In Defense of Marriage
Understanding Hayek
Burkean Libertarianism
Rights: Source, Applicability, How Held
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
Abortion and Logic
The Myth That Same-Sex “Marriage” Causes No Harm
Society and the State
Are You in the Bubble?
Liberty, Negative Rights, and Bleeding Hearts
Conservatives vs. “Liberals”
Why Conservatism Works
Abortion, Doublethink, and Left-Wing Blather
Race and Reason: The Victims of Affirmative Action
Abortion, “Gay Rights,” and Liberty
Race and Reason: The Achievement Gap — Causes and Implications
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
“Conversing” about Race
Defining Liberty
Conservatism as Right-Minarchism
“We the People” and Big Government
Evolution and Race
The Culture War
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Getting Liberty Wrong
Surrender? Hell No!

Left-Libertarianism in a Nutshell

If I have a least-favorite political philosophy, it is the one that I call left-minarchism (a.k.a., left-libertarianism). I say a lot about it in “Parsing Political Philosophy (II).” In a nutshell, here’s how it stacks up against right-minarchism (libertarian conservatism) and left-statism (the reigning philosophy in the United States):

Left-minarchism in a nutshell

*     *     *

Related post: The Pseudo-Libertarian Temperament (see also the links at the bottom)

Getting Liberty Wrong

Like most libertarians, Jeffrey Tucker doesn’t understand liberty. He writes:

Liberty allows peaceful human cooperation. It inspires the creative service of others. It keeps violence at bay. It allows for capital formation and prosperity. It protects human rights of all against invasion. It allows human associations of all sorts to flourish on their own terms. It socializes people with rewards toward getting along rather than tearing each other apart, and leads to a world in which people are valued as ends in themselves rather than fodder in the central plan. (“Against Libertarian Brutalism,” The Freeman, March 12, 2014)

What’s wrong with Tucker’s formulation? In a word: reification. Liberty does nothing, absolutely nothing. Liberty is a result of human striving, not the mysterious causal force of Tucker’s imagining.

Liberty is what people enjoy when they coexist peacefully and cooperatively, when they recognize property rights, when they allow freedom of association, and when they observe both of the complementary sub-rules of the Golden Rule:

  • Do no harm to others, lest they do harm to you.
  • Be kind and charitable to others, and they will be kind and charitable to you.

None of this is possible unless there is agreement as to what constitutes harm — agreement which is embedded in and preserved by social norms that have evolved through eons of trial and error. Above all, there must be mutual trust and respect. Liberty is therefore likely to prevail only in a polity that is bound by genetic kinship.

Getting back to Tucker’s effusion: It’s just another example of left-libertarian whinging. Liberty is all right, say left-libertarians, as long as it yields certain results. What are those results? Combine the treacly, goody-two-shoes mentality of Romper Room, Captain Kangaroo, Mr. Rogers’ Neighborhood, and Sesame Street; throw in laws and regulations to suppress non-conforming behavior; form identically shaped, identically colored, identically mindless citizens; and bake in the heat of elite-manufactured opinion.

*     *     *

Related posts:
On Liberty
Rights, Liberty, the Golden Rule, and the Legitimate State
The Unreality of Objectivism
“Natural Rights” and Consequentialism
More about Consequentialism
Line-Drawing and Liberty
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Evolution, Human Nature, and “Natural Rights”
More about Conservative GovernanceWhy I Am Not an Extreme Libertarian
Facets of Liberty
Burkean Libertarianism
Understanding Hayek
Rights: Source, Applicability, How Held
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Society and the State
Why Conservatism Works
The Pool of Liberty and “Me” Libertarianism
Not Guilty of Libertarian Purism
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
Conservatism as Right-Minarchism
“We the People” and Big Government
The Social Animal and the “Social Contract”
The Futile Search for “Natural Rights”
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)

Modern Liberalism as Wishful Thinking

TheFreedictionary.com defines wishful thinking as “the erroneous belief that one’s wishes are in accordance with reality.” There’s a lot of wishful thinking going on, and it’s harmful to liberty and prosperity. I’m referring to the wishful thinking that characterizes modern liberalism, which is more properly called left-statism verging on despotism.

The dysfunctional manifestations of left-statism are too many to enumerate, let alone to detail in a single post. Obamacare is merely a current dysfunctional manifestation. It has many predecessors and will have many successors, unless constitutional government can somehow be restored in the United States. Some of the manifestations take the form of laws, executive decrees, and judicial holdings. Others reflect “big ideas” that give rise to illogical and ill-founded laws, decrees, and holdings.

Without further ado …

REGULATION WORKS

I wrote an entire post about “Regulation as Wishful Thinking.” The underlying theme is that regulators (and those who support regulation) believe that they can fine-tune economic and social behavior to achieve optimal (or at least better) outcomes than the one produced by free markets. If one paragraph sums up the effects of regulation, it’s this one:

Regulation is counterproductive for several reasons. First, it curtails positive externalities [the satisfaction of consumers' wants that is forgone due to regulatory restraints on market activity]…. The other reasons, on which I expand below, are that regulation cannot be contained to “good causes,” nor can it be tailored to do good without doing harm. These objections might be dismissed as trivial if regulatory overkill were rare and relatively costless, but it is pervasive, extremely costly its own right, and a major contributor to the economic devastation that has been wrought by the regulatory-welfare state.

Read the whole thing for the details of the argument and the evidence of the devastation. For a jarring example, see John Goodman, “FDA Regulations Kill,” John Goodman’s Health Policy Blog, February 18, 2014.

Wish: Regulation improves social and economic outcomes.

Reality: Regulation restricts the ability of people to pursue their lawful interests, and thereby harms them socially and economically.

Bottom line: Regulation is harmful, because it substitutes the judgments of “technocrats” for the decentralized knowledge of millions of citizens. Its economic cost is more than 10 percent of GDP — and it leads to unnecessary loss of life.

TAXES ARE GOOD

Consider the intuitive and also well-documented relationship between taxes and economic activity. See, for example, Christina D. and David H. Romer, “The Macroeconomic Effects of Tax Changes: Estimates Based on a New Measure of Fiscal Shocks,”  Working Paper 13264, National Bureau of Economic Research, July 2007; and William McBride, “What Is the Evidence on Taxes and Growth?,” Tax Foundation, December 18, 2012. One must bend over backward to concoct a theory which says that a rise in taxes will not reduce the rate of economic output or the growth of that rate. But such theories are propounded because their proponents favor higher taxes for two closely related reasons: more taxes enable more government spending, and more government spending usually means “social” spending. (One reason that “liberals” are against defense spending — or more of it — is that it absorbs money that could go into “social” programs.)

Wish: Higher taxes don’t reduce GDP or the rate of economic growth.

Reality: Higher taxes do reduce GDP and the rate of economic growth.

Bottom line: Higher taxes (and more government) actually harm the poor (among others) by reducing economic activity and, thereby, reducing employment. As it turns out, the effect is substantial.

THE MINIMUM WAGE HELPS LOW-SKILL WORKERS

There are economists who support the minimum wage, not necessarily because of the economic soundness of the minimum wage, but because they just like the idea that (some) low-wage workers will make more because of it. Some of those economists have even produced studies which purport to show that a minimum wage has a “small” effect on the employment of low-wage workers. As if “small” were of no consequence to those who are unable to find and keep low-wage jobs because of the minimum wage. Well, the minimum wage — and its more overtly political twin, the “living wage” — do harm low-wage workers. And that’s that. See Linda Gorman, “Minimum Wages,” The Concise Encyclopedia of Economics at The Library of Economics and Liberty. For the latest, see James Pethokoukis, “CBO: The $10.10 Minimum Wage Would Cost 500,000 Jobs, With Most Benefits Going to Non-Poor,” AEIdeas, February 18, 2014.

Wish: Government can help low-skill workers by forcing employers to pay them more.

Reality: Minimum wages and “living wages” result in less employment among low-wage workers.

Bottom line: Those who are in most need of employment, and for whom the private sector would provide employment (other things being the same), are deprived of employment by well-meaning but economically wrong-headed minimum-wage and “living wage” laws.

CAPITAL PUNISHMENT DOESN’T DETER MURDER

What about capital punishment? A paper from 1973, just a year after the U.S. Supreme Court’s decision in Furman v. Georgia effectively outlawed capital punishment, offers an exhaustive statistical analysis of the deterrent effect of capital punishment. See Isaac Ehrlich, “The Deterrent Effect of Capital Punishment: A Question of Life and Death,” Working Paper No. 18, Center for Economic Analysis of Human Institutions, National Bureau of Economic Analysis, November 1973. The author’s conclusion:

[A]n additional execution per year over the period in question [1933-1969] may have resulted, on average, in 7 or 8 fewer murders.

Later:

Previous investigations … have developed evidence used to unequivocally deny the existence of any deterrent or preventive effects of capital punishment. This evidence stems by and large from what amounts to informal tests of the sign of the simple correlation between the legal status of the death penalty and the murder rate across states and over time in a few states. Studies performing these tests have not considered systematically the actual enforcement of the death penalty, which may be a far more important factor affecting offenders’ behavior than the legal status of the penalty. Moreover, these studies have generally ignored other parameters characterizing law enforcement activity against murder, such as the probabilities o± apprehension and conviction, which appear to be systematically related to the probability of punishment by execution.

In my words:

Capital punishment is the capstone of a system of justice that used to work quite well in this country because it was certain and harsh. There must be a hierarchy of certain penalties for crime, and that hierarchy must culminate in the ultimate penalty if criminals and potential criminals are to believe that crime will be punished.

Since the reinstatement of the death penalty in 1976 (Gregg v. Georgia), with restrictions, capital punishment has become less swift and less sure than it had been. There were 1,359 executions in 1976-2013, an average of 36 a year, as against 4,863 in 1930-1972, an average of 113 a year. That is, the rate of executions has dropped by two-thirds from its pre-Furman rate. The drop in the execution rate notwithstanding, the deterrent effect of capital punishment remained strong, at least through 2000. See Hashem Dezhbaksh, Paul Robin, and Joanna Shepherd, “Does capital punishment have a deterrent effect? New evidence from post-moratorium panel data,” American Law and Economics Review 5(2): 344–376 (available in pdf format here. The authors argue that each execution deters eighteen murders, a number that reflects the larger population of the U.S. during the period covered by their analysis. It’s hard to read the two papers cited here and believe that capital punishment doesn’t deter homicide — unless you want to believe it.

Altogether, the more “humane” treatment of murderers since 1976 has cost 600 to 1,400 lives every year, or 23,000 to 53,000 lives in the past 38 years.

Wish: Capital-punishment is nothing more than murder by the state, and (non sequitur) it doesn’t deter murder, anyway.

Reality: Capital punishment is punishment, and when it is administered surely and swiftly it does deter murder.

Bottom line: Perhaps more than 50,000 murders would have been prevented if the rate of executions hadn’t been slowed drastically following the 1972-1976 moratorium on capital punishment.

MORE GUNS MEAN MORE CRIME

There’s a twisted consistency between opposition to capital punishment and support of stringent measures to control the availability of firearms. Both positions tip the scales in favor of predators and away from peaceful citizens.

To favor gun control is to engage in wishful thinking at its best (or worst). Why? Because to favor gun control is to favor the criminal over the law-abiding citizen. But according to wishful thinkers, stringent gun control would lead to a reduction violent crimes. As with the other kinds of wishful thinking addressed here, it just ain’t so.

John Lott‘s More Guns, Less Crime is the elephant in the room, and can’t be ignored. In that book, the article on which it’s based, and other books, Lott argues that allowing adults to own or carry guns leads to a significant reduction in crime. Lott’s work was controversial — some called it incendiary. Not surprisingly, many academics opened fire on it, picking and poking at Lott’s data and methods. I say not surprisingly because — in case it has escaped your attention — academics tend to be (wishful-thinking) leftists.

To save time and space, I fast-forward to a paper by Don B. Kates and Gary Mauser, “Would Banning Firearms Reduce Murder and Suicide?,” first published in Harvard’s Journal of Public Law and Policy (Vol. 30, No. 2, 2007, pp. 649-694). Here are some relevant excerpts:

There are now 40 states where qualified citizens can obtain such a handgun permit.28 As a result, the number of U.S. citizens allowed to carry concealed handguns in shopping malls, on the street, and in their cars has grown to 3.5 million men and women.29 Economists John Lott and David Mustard have suggested that these new laws contributed to the drop in homicide and violent crime rates. Based on 25 years of correlated statistics from all of the more than 3,000 American counties, Lott and Mustard conclude that adoption of these statutes has deterred criminals from confrontation crime and caused murder and violent crime to fall faster in states that adopted this policy than in states that did not.30 (op. cit., p. 658)

Footnote 30 reads, in relevant part:

This conclusion is vehemently rejected by antigun advocates and academics who oppose armed self‐defense. See, e.g., Albert W. Alschuler, Two Guns, Four Guns, Six Guns, More Guns: Does Arming the Public Reduce Crime?, 31 VAL. U. L. REV. 365, 366 (1997); Ian Ayres & John J. Donohue III, Shooting Down the ‘More Guns, Less Crime’ Hypothesis, 55 STAN. L. REV. 1193, 1197 (2003); Dan A. Black & Daniel S. Nagin, Do Right‐to‐Carry Laws Deter Violent Crime?, 27 J. LEGAL STUD. 209, 209 (1998); Franklin Zimring & Gordon Hawkins, Concealed Handguns: The Counterfeit Deterrent, RESPONSIVE COMMUNITY, Spring 1997, at 46; Daniel W. Webster, The Claims That Right‐to‐Carry Laws Reduce Violent Crime Are Unsubstantiated (Johns Hopkins Center for Gun Policy and Research, 1997). Several critics have now replicated Lott’s work using additional or different data, additional control variables, or new or different statistical techniques they deem superior to those Lott used. Interestingly, the replications all confirm Lott’s general conclusions; some even find that Lott underestimated the crime‐reductive effects of allowing good citizens to carry concealed guns. See Jeffrey A. Miron, Violence, Guns, and Drugs: A Cross‐Country Analysis, 44 J.L. & ECON. 615 (2001); David B. Mustard, The Impact of Gun Laws on Police Deaths, 44 J.L. & ECON. 635 (2001); John R. Lott, Jr. & John E. Whitley, Safe‐Storage Gun Laws: Accidental Deaths, Suicides, and Crime, 44 J.L. & ECON. 659 (2001); Thomas B. Marvell, The Impact of Banning Juvenile Gun Possession, 44 J.L. & ECON. 691 (2001); Jeffrey S. Parker, Guns, Crime, and Academics: Some Reflections on the Gun Control Debate, 44 J.L. & ECON. 715 (2001); Bruce L. Benson & Brent D. Mast, Privately Produced General Deterrence, 44 J.L. & ECON. 725 (2001); David E. Olson & Michael D. Maltz, Right‐to‐Carry Concealed Weapon Laws and Homicide in Large U.S. Counties: The Effect on Weapon Types, Victim Characteristics, and Victim‐Offender Relationships, 44 J.L. & ECON. 747 (2001); Florenz Plassmann & T. Nicolaus Tideman, Does the Right to Carry Concealed Handguns Deter Countable Crimes? Only a Count Analysis Can Say, 44 J.L. & ECON. 771 (2001); Carlisle E. Moody, Testing for the Effects of Concealed Weapons Laws: Specification Errors and Robustness, 44 J.L. & ECON. 799 (2001); see also Florenz Plassman & John Whitley, Confirming ‘More Guns, Less Crime,’ 55 STAN. L. REV. 1313, 1316 (2003). In 2003, Lott reiterated and extended his findings, which were subsequently endorsed by three Nobel laureates. See JOHN R. LOTT, JR., THE BIAS AGAINST GUNS (2003). (op. cit., pp. 658-9, emphasis added)

There are so many gems in the article that it is hard to stop quoting it. I should say “read the whole thing,” but I’ll succumb to temptation and quote a few choice passages here, and many more in the note at the bottom of this post (footnote numbers omitted for ease of reading):

[A study by Hans Toch and Alan J. Lizotte shows that] “data on firearms ownership by constabulary area in England,” like data from the United States, show “a negative correlation,” that is, “where firearms are most dense violent crime rates are lowest, and where guns are least dense violent crime rates are highest.” (p. 653)

A second misconception about the relationship between firearms and violence attributes Europe’s generally low homicide rates to stringent gun control. That attribution cannot be accurate since murder in Europe was at an all‐time low before the gun controls were introduced. (p. 653-4)

[T]wo recent studies are pertinent. In 2004, the U.S. National Academy of Sciences released its evaluation from a review of 253 journal articles, 99 books, 43 government publications, and some original empirical research. It failed to identify any gun control that had reduced violent crime, suicide, or gun accidents. The same conclusion was reached in 2003 by the U.S. Centers for Disease Control’s review of then extant studies. (p. 654)

In the late 1990s, England moved from stringent controls to a complete ban of all handguns and many types of long guns. Hundreds of thousands of guns were confiscated from those owners law‐abiding enough to turn them in to authorities. Without suggesting this caused violence, the ban’s ineffectiveness was such that by the year 2000 violent crime had so increased that England and Wales had Europe’s highest violent crime rate, far surpassing even the United States. (p. 655)

[A]doption of state laws permitting millions of qualified citizens to carry guns has not resulted in more murder or violent crime in these states. Rather, adoption of these statutes has been followed by very significant reductions in murder and violence in these states. (p. 659)

[T]he determinants of murder and suicide are basic social, economic, and cultural factors, not the prevalence of some form of deadly mechanism. In this connection, recall that the American jurisdictions which have the highest violent crime rates are precisely those with the most stringent gun controls. (p. 663)

More than 100 million handguns are owned in the United States84 primarily for self‐defense, and 3.5 million people have permits to carry concealed handguns for protection. Recent analysis reveals “a great deal of self‐defensive use of firearms” in the United States, “in fact, more defensive gun uses [by victims] than crimes committed with firearms.” It is little wonder that the

National Institute of Justice surveys among prison inmates find that large percentages report that their fear that a victim might be armed deterred them from confrontation crimes. “[T]he felons most frightened ‘about confronting an armed victim’ were those from states with the greatest relative number of privately owned firearms.” Conversely, robbery
is highest in states that most restrict gun ownership.

Concomitantly, a series of studies by John Lott and his coauthor David Mustard conclude that the issuance of millions of permits to carry concealed handguns is associated with drastic declines in American homicide rates. (p. 671)

Per capita, African‐American murder rates are much higher than the murder rate for whites. If more guns equal more death, and fewer guns equal less, one might assume gun ownership is higher among African‐ Americans than among whites, but in fact African‐ American gun ownership is markedly lower than white gun ownership. (p. 676)

The reason fewer guns among ordinary African‐Americans does not lead to fewer murders is because that paucity does not translate to fewer guns for the aberrant minority who do murder. The correlation of very high murder rates with low gun ownership in African‐American communities simply does not bear out the notion that disarming the populace as a whole will disarm and prevent murder by potential murderers. (p. 678)

In sum, the data for the decades since the end of World War II also fails to bear out the more guns equal more death mantra. The per capita accumulated stock of guns has increased, yet there has been no correspondingly consistent increase in either total violence or gun violence. The evidence is consistent with the hypothesis that gun possession levels have little impact on violence rates. (p. 685)

Wish: Gun-control (or confiscation) will reduce violent crime.

Reality: More guns, no more crime. Crime is a product of underlying social and economic factors that vary from nation to nation, region to region, and socio-economic group to socio-economic group.

Bottom line: The desire to limit or eliminate private ownership of firearms reflects a distaste for weapons and an irrational reaction to relatively rare but horrific instances of gun violence. But the effect of limiting or eliminating private ownership is to disarm law-abiding citizens and encourage crime against them.

THE LIST GOES ON …

If the list of leftist delusions isn’t infinite, it’s certainly very long. For example, there’s wishful thinking about peace, about gender discrimination, about racial equality, about crime, about income inequality, about society, about social welfare, and about the pseudo-scientific religion of global warming.

Why so many delusions? To those who believe — despite the evidence — that persons of the “liberal” (i.e., left-statist) persuasion are smarter or more rational than persons of the right, I commend my own best-selling post, “Intelligence, Personality, Politics, and Happiness,” and two articles by James Lindgren, “Who Fears Science?“and “Who Believes That Astrology Is Scientific?” (The answers may surprise you, though they shouldn’t, now that you’ve read this far.)

To wrap up this long post, I simply urge you to peruse some of my “Favorite Posts,” especially the posts under these headings:

It’s best to start with the newer posts at the bottom of each section, and work up to earlier ones, which often are referenced or incorporated in later posts.

__________
More quotations from “Would Banning Firearms Reduce Murder and Suicide?.”

Since at least 1965, the false assertion that the United States has the industrialized world’s highest murder rate has been an artifact of politically motivated Soviet minimization designed to hide the true homicide rates. Since well before that date, the Soviet Union possessed extremely stringent gun controls that were effectuated by a police state apparatus providing stringent enforcement. So successful was that regime that few Russian civilians now have firearms and very few murders involve them. Yet, manifest success in keeping its people disarmed did not prevent the Soviet Union from having far and away the highest murder rate in the developed world.6 (pp. 650-1)

Luxembourg, where handguns are totally banned and ownership of any kind of gun is minimal, had a murder rate nine times higher than Germany [with 30 guns per 100 persons] in 2002. (p. 652)

[D]espite constant and substantially increasing gun ownership, the United States saw progressive and dramatic reductions in criminal violence in the 1990s. On the other hand, the same time period in the United Kingdom saw a constant and dramatic increase in violent crime to which England’s response was ever‐more drastic gun control including, eventually, banning and confiscating all handguns and many types of long guns. Nevertheless, criminal violence rampantly increased so that by 2000 England surpassed the United States to become one of the developed world’s most violence‐ridden nations. (p. 656)

[V]iolent crime, and homicide in particular, has plummeted in the United States over the past 15 years. The fall in the American crime rate is even more impressive when compared with the rest of the world. In 18 of the 25 countries surveyed by the British Home Office, violent crime increased during the 1990s. This contrast should induce thoughtful people to wonder what happened in those nations, and to question policies based on the notion that introducing increasingly more restrictive firearm ownership laws reduces violent crime. (p. 660)

The “more guns equal more death” mantra seems plausible only when viewed through the rubric that murders mostly involve ordinary people who kill because they have access to a firearm when they get angry. If this were true, murder might well increase where people have ready access to firearms, but the available data provides no such correlation. Nations and areas with more guns per capita do not have higher murder rates than those with fewer guns per capita. (pp. 665-6)

[R]educing gun ownership by the law‐abiding citizenry— the only ones who obey gun laws—does not reduce violence or murder. The result is that high crime nations that ban guns to reduce crime end up having both high crime and stringent gun laws, while it appears that low crime nations that do not significantly restrict guns continue to have low violence rates. (p. 672)

A recent study of all counties in the United States has again demonstrated the lack of relationship between the prevalence of firearms and homicide. (p. 686)

The Fall and Rise of American Empire

Most Americans don’t like the idea of empire. It smacks of power, which is comforting and enriching when you have it, though few like to admit it. In short, empire can be a good thing. Lawrence W. Reed opens “The Fall of the Republic” with this:

For nearly five centuries, Res Publica Romana—the Roman Republic—bestowed upon the world a previously unseen degree of respect for individual rights and the rule of law. When the republic expired, the world would not see those wondrous achievements again on a comparable scale for a thousand years.

Reed summarizes the decline and fall of Rome:

The Roman Republic died a death of a thousand cuts. Or, to borrow from another, well-known parable: The heat below the pot in which the proverbial frog was boiled started out as a mere flicker of a flame, then rose gradually until it was too late for the frog to escape. Indeed, for a brief time, he enjoyed a nice warm bath….

Writers from the first centuries B.C. and A.D. offered useful insights to the decline. Polybius predicted that politicians would pander to the masses, leading to the mob rule of an unrestrained democracy. The constitution, he surmised, could not survive when that happened. Sallust bemoaned the erosion of morals and character and the rise of personal power lust. Livy, Plutarch, and Cato expressed similar sentiments. To the moment of his assassination, Cicero defended the Republic against the assaults of the early dictators because he knew they would transform Rome into a tyrannical despotism.

Ultimately, the collapse of the political order of republican Rome has its origins in three developments that took root in the second century B.C., then blossomed by the end of the first. One was foreign adventure. The second was the welfare state. The third was a sacrifice of constitutional norms and the rule of law to the demands of the other two.

The American equivalent of the Roman Republic didn’t last nearly as long — only about a century, from the Spanish-American War of 1898 through 1991, which marked the end of the Cold War and victory in the Gulf War. The relative peace and prosperity of the next several years masked America’s underlying decline, which has since became evident in the military, political, and economic events of the 21st century.

The causes and symptoms of America’s decline bear a strong resemblance to the decline of Rome. Let’s start with foreign adventure. By the end of 1991, America’s influence in the world seemed assured, given collapse of the USSR and the easy victory over Iraq in response to Saddam Hussein’s grab of Kuwait. But those two events proved to be the American Empire’s last gasp.

The dust had barely settled on the Gulf War when Somalia joined the list of post-World War II military misadventures, namely, the Korean War, the Vietnam War, the lame response to the bombing of Marine barracks in Lebanon, and the jurisprudential reaction to the 1993 bombing of the World Trade Center. (Some would argue that America’s entry into World War I was also a misadventure because of the imperial origins and tragic aftermath of the peace, namely, the rise of totalitarianism. But, at least, World War I ended decisively and in a clear-cut victory for America’s side — a victory that wouldn’t have been possible without the intervention of American forces.) The seeming disinclination of American leaders to stay the course and to wreak vengeance was duly noted in Osama bin Laden’s 1996 fatwa against the United States. As if to endorse that view, the 1998 bombings of U.S. embassies in Africa were met with ineffectual missile strikes.

And then came 9/11, and in its wake the wars in Afghanistan and Iraq. Both were cast in the mold of Korea and Vietnam: not enough firepower, not enough willpower. Barack Obama’s subsequent foreign policy misadventures and general retreat from effective leadership have only cemented America’s place as a declining, feckless, no-longer-fearsome power. Whence Obama’s fecklessness? Some argue that it is evidence of a deliberate effort to debase the United States.

So much for military misadventures. Let us turn to the growth of the welfare state and the sacrifice of constitutional norms. These go hand-in-hand, and both began before America’s military misadventures after World War II.

Consider the judicial betrayal of the constitutional scheme of limited government, and of order and traditional morality. There is no way, in the course of a blog post, to assess the full scope of the betrayal, in which the U.S. Supreme Court was a willing co-conspirator. Some examples will have to do:

Home Building & Loan Association v. Blaisdell (1933) allowed governmental suspension of creditors’ remedies (i.e., foreclosure), thus undermining contractual relationships.

National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) validated the Wagner Act, which vastly expanded the ability of labor unions to extort employers, to restrict commerce, and to fatten the paychecks of union members at the expense of everyone else.

Helvering v. Davis (1937) found Social Security to be constitutional, despite the plain words of Article I, Section 8 (the enumerated powers of Congress).

Wickard v. Filburn (1942) gave Congress unlimited power to regulate anything remotely connected with interstate commerce.

Miranda v. Arizona (1966) stigmatized and hindered the efforts of police to protect the public. On the basis of “intuitive empiricism” (i.e., judicial guesswork), Miranda imposed an overly broad interpretation of the Fifth Amendment. (A subsequent empirical analysis suggests that Miranda was unwisely decided.)

Griggs v. Duke Power Company (1971) enshrined disparate impact as evidence of racial discrimination, and put the burden of proof on the accused employer.

Lemon v. Kurtzman (1971) gave judges an easy way (the “Lemon test”) to rule against any government action that might incidentally benefit religion.

Roe v. Wade (1973) authorized murder in the name of privacy.

Goss v. Lopez (1975) made it more difficult for school authorities to discipline disruptive and destructive behavior, and (in my view) established — beyond hope of reversal — the interference of the central government in matters that ought to be handled and disposed of locally.

Coker v. Georgia (1977) outlawed the death penalty in cases of rape, thus contributing to the erosion of the death penalty as a serious deterrent to the commission of heinous crimes and a just penalty for same.

Tennessee Valley authority v. Hill (1978) gave the snail darter — and as a result, all kinds of critters — precedence over human beings, under the Endangered Species Act.

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) vastly increased the power of regulatory agencies by decreeing “deference” toward rules made in the absence of specific congressional authorization, as long as the rules are “reasonable.”

Garcia v. San Antonio Metropolitan Transit Authority (1985) confirmed the hollowness of the Tenth Amendment and the States’ ability to exercise any power without the permission of the central government.

Kelo v. City of New London (2005) affirmed the right of any government in the United States to seize anyone’s property, at any time, for any use — even non-governmental.

National Federation of Independent Business v. Sebelius (2012) granted the federal government power to tax anyone for any purpose, even for not doing something.

Hollingsworth v. Perry (2013) left standing a federal district court judge’s self-serving declaration that California’s duly adopted ban on same-sex “marriage” was unconstitutional, thus opening the door to similar holdings by other federal judges about other States’ duly adopted bans on same-sex “marriage.”

The judiciary didn’t instigate the vast expansion of the regulatory-welfare state and the overthrow of social norms, but the judiciary abetted them.

What does the regulatory-welfare state amount to? Huge federal welfare schemes, including but not limited to Social Security, Medicare, and Medicaid; the addition of nine cabinet-level departments to the executive branch in the preceding 100 years; the creation of the cabinet-level Environmental Protection Agency (EPA); the delegation of legislative power to the EPA and other federal agencies, and ensuing accretion of rules made and enforced by those agencies; and the pervasive centralization of power in Washington, “thanks” to judicial misfeasance of the kinds listed above, and to political sleight-of-hand (e.g., “cooperative” federal-State programs like Medicare, and grants of “federal” money — i.e., taxpayers’ money — to State and local governments).

As for constitutional norms, the courts of the United States have become perversely “libertarian.” They seem driven to overturn long-standing, time-tested behavioral norms that guide individuals toward peaceful, constructive coexistence with their compatriots. Thus the “right” to an abortion in the first trimester, based on a non-existent general right of privacy, has become the right to kill a nearly born and newly born child. The “right” to practice sodomy has become an obligation to purvey goods and services to those who practice sodomy, regardless of one’s personal views about the practice. The “right” of a male student of confused gender to use the girl’s bathroom in a Maine school threatens to evolve into the “right” to walk into any damn bathroom at any time, regardless of one’s actual gender. And on and on, down the slippery slope and into unreason, barbarity, and oppression.

Where stands the Empire today? Clearly, America has less influence in the world than it had just after World War II and even after the Gulf War. What a joke it is when the American president must be rescued from the consequences of his own (possibly deliberate) haplessness by Russia’s leader, when Iran plays rope-a-dope with Obama in the matter of nuclear weapons, and when China flexes its new-found and growing military muscle without drawing a serious response from the U.S.

American power abroad could be restored in fairly short order, given the will to do so. But the hollowing out of America’s liberty and prosperity – which began in earnest with the New Deal — threatens to be permanent, given the decades-long transformation of the nation’s legal and bureaucratic infrastructure. Government — mainly the central government — now exerts financial control over 40 percent of the economy (here, see first graph), and arguably exerts regulatory control over almost all of it.

That control has long since passed from the elected “representatives” of the people to technocrats who are bent on dictating how Americans’ conduct their lives and earn their livelihoods. Thus:

In an FDA office building in suburban Maryland, the bureaucrats gather over coffee to draft rules meant to squeeze the trans fat out of snack foods.

Four blocks from the White House, in an EPA conference room: more bureaucrats, more meetings, more drafting of rules, these aimed at forcing industrialists to spend billions cutting carbon to fend off global warming.

Congress? Who needs Congress?

Americans heard President Barack Obama declare this week that he intends to bypass the gridlocked Hill to get things done on his own. What they didn’t hear: just how far he’s actually pushing his executive authority.

An in-depth examination of the administration’s actions and plans, agency by agency, regulation by regulation, reveals an executive power play that’s broad and bold — and intensely ambitious. Far more than he let on in the State of the Union, the president has marshaled the tools of his office to advance policies, many unabashedly liberal, that push deep into everyday life for tens of millions of Americans.

He wants to change how power plants operate. And what we buy for lunch. How we travel to work. And how our kids learn math. How our gasoline is formulated. How we light our aquariums.

Already, the president’s team has enacted 300 economically significant regulations, far more than Bill Clinton, George W. Bush or Ronald Reagan did in comparable periods. Some of those rules are driven by the Affordable Care Act and Dodd-Frank banking reform, the two big laws Obama pushed through Congress early in his first term, when he had Democratic majorities in both houses. But there is far more.

Follow the link and read the rest, if you have the stomach for it.

The Empire lives, but it’s a different Empire than the one that enjoyed its last hurrah in the early 1990s. The Empire now exists not to make Americans safe and prosperous, but to dominate Americans in the name of overblown and non-existent threats (e.g., sexism, racism, endangered species, global warming), out of ersatz compassion, and with the aim of attaining the impossible: equality for all. Well, equality for all but that minority of minorities — the hard-working, tax-paying, straight, white person of European or Asian descent who minds his own business and not everyone else’s. If you are one of those, and religious as well, you are a particular object of persecution and prosecution.

In sum, a new Empire has arisen on America’s shores. If it had a motto, it would be* “trillions for the regulatory-welfare state and its clients, but not enough for defense.”

*     *     *

Related reading:
Bill Gertz, “Putin’s July 4th Message,” The Washington Free Beacon, July 6, 2012
Dean Cheng, “South China Sea: China Drops a Bombshell,” The Foundry, July 7, 2012
Walter Russell Mead and staff, “Putin Tells His Ambassadors: The West Is All Washed Up,” The American Interest, July 9, 2012
Erica Ritz, “Troubling? Putin Oversees Largest Nuclear Tests since the Cold War,” The Blaze, October 20, 2012
Norman Podhoretz, “Obama’s Successful Foreign Failure,” WSJ.com, September 8, 2013
Melanie Phillips, “Putin Checkmates America,” Melanie’s Blog, September 15, 2013
Walter Russell Mead (and staff), “Mixed Messages from Washington Confuse Allies,” The American Interest, December 3, 2013
Lawrence W. Reed, “The Fall of the Republic,” The Freeman, January 8, 2014
doriangrey1, “The Iranian Rope-a-Dope,” The Wilderness of Mirrors, January 20, 2014
Bill Vallicella, “The Decline of the West: How Long Can We Last?,” Maverick Philosopher, January 21, 2014
Adam Garfinkle, “Obama’s Middle East Recessional” in four parts (here, here, here, here), The American Interest, January 21, 2014
Victor Davis Hanson, “Obama’s Recessional,” RealClearPolitics, January 22, 2014
Elise Cooper, “Barack Obama’s Foreign Policy: An Utter Failure,” American Thinker, January 26, 2014
Dan Roberts, “White House Warns Obama Ready to ‘Bypass on 2014 Agenda,” The Guardian, January 26, 2014
Alexander Boltin, “Cruz: Putin Plays Chess, Obama Plays Checkers on Foreign Policy,” The Hill, January 28, 2014
Stephanie Simon, “Obama’s Power Play,” Politico, January 31, 2014
Tom Blumer, “Is It Over and We Just Don’t Know It? Have We Lost Our Founders’ Government?,” PJ Media, February 10, 2014
Victor Davis Hanson, “An Orwellian Nation of Obamathink,” Jewish World Review, February 13, 2014
Angelo M. Codevilla, “Do We Deserve the Constitution of 2014?,” Library of Law and Liberty, February 16, 2014
Richard Winchester, “Left-Wing Totalitarianism in America,” American Thinker, February 17, 2014

Related posts:
The Near-Victory of Communism
Tocqueville’s Prescience
The Left
Our Enemy, the State
“Intellectuals and Society”: A Review
The Left’s Agenda
Rating America’s Wars
Transnationalism and National Defense
The Left and Its Delusions
The Destruction of Society in the Name of “Society”
September 20, 2001: Hillary Clinton Signals the End of “Unity”
The War on Terror, As It Should Have Been Fought
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Well-Founded Pessimism
Defense as an Investment in Liberty and Prosperity
Liberty and Society
Tolerance on the Left
America: Past, Present, and Future
The Barbarians within and the State of the Union
Estimating the Rahn Curve: Or, How Government Spending Inhibits Economic Growth
America’s Financial Crisis Is Now
The World Turned Upside Down
“We the People” and Big Government
The Culture War
Defense Spending: One More Time
Parsing Political Philosophy (II)
__________
* A mockery of the words of Robert Goodloe Harper, who as a member of the U.S. House of Representatives in 1797, said “Millions for defense, but not one cent for tribute.” The remark was occasioned by a demand from France for tribute (a bribe) in exchange for the release of American ships that had been seized by the French.

Parsing Political Philosophy (II)

This is a work in progress. The first version is here. This version expands the range of political stances by adding Despotism to Anarchism, Minarchism, and Statism. Also, this version goes into more detail about the differences between various stances. I’m leaving the first version in place because I’ve linked to it and quoted from it often, and because some of the descriptive material complements this post.

INTRODUCTION

The aim of this post and its predecessor is to find more precise political labels than Democrat, Republican, left, right, center, liberal, conservative, and libertarian. I want to show, for example, the dimensions of agreement and disagreement between a so-called liberal who wants government to dictate certain aspects of human affairs, and a so-called conservative who wants government to dictate certain other aspects of human affairs. Are they not both statists who merely have different agendas, or are there deeper differences between them? And what about the so-called libertarian who espouses some views that are anathema to many on the left (e.g., free markets) and other views that are anathema to many on the right (e.g., legalization of marijuana and harder drugs)? Are such views coherent or merely provocative?

Any one person’s political philosophy — if he may be said to have one — is likely to consist of a set of attitudes, many of them logically irreconcilable. This, I believe, is due mainly to the influence of temperament on one’s political views. It is a rare human being who does not interpret the world through the lens of his preferences, and those preferences seem to be more a matter of temperament than of knowledge and reason. Even highly intelligent persons are capable of believing in the most outlandish things because they want to believe those things.

I therefore admit that my search for more precise political labels may be — and probably is — both quixotic and reductionist. But it can, at least, shed some light on real differences — and real similarities — among various lines of political thought.

THE ESSENCE OF POLITICS

Political views, and their essential differences, cannot be organized into a taxonomy without first defining politics and its essential issues.

Politics is the means by which human beings regulate their behavior, which usually (but unnecessarily) is divided into social and economic components. The purpose of regulating behavior — whether the regulation is explicit or implicit, imposed or voluntary — is to sustain or change the modes of human interaction, and the outcomes that derive from human interaction. Some political stances are incoherent because their principles cannot yield the preferred outcomes (e.g., redistribution, a favored policy of left-statists, actually makes the poor worse off because it stifles economic growth). But incoherence does not prevent a political stance from becoming popular, or even dominant.

THE BASELINE POSITION: TRADITIONAL CONSERVATISM

The following sections of this post culminate in a taxonomy of political philosophies, which is given in a table at the end of the post. In that table, I take as a baseline a political stance that I call Right-Minarchism. It represents traditional conservatism, as it would have played out in practice under the kind of true federalism represented in the Articles of Confederation.

What is the traditional conservative position? I begin with a redaction of Russell Kirk’s “Six Canons of Conservative Thought“:

1. An understanding that political problems, at bottom, are moral problems.

2. A preference for tradition — which incorporates beneficial change — over the shackles of statism and the chaos that must ensue from anarchy.

3. Recognition that change is not the same thing as change for the better (reform), which emerges from tradition and is not imposed upon it.

4. An understanding that a flourishing civil society requires order, without which freedom is available only to despots and predators.

5. Faith in traditional mores and reliance upon them, in the main, to maintain a regimen of order that enables freedom — ordered liberty, in other words. Traditional mores are supplemented but not supplanted by the rule of law, impartially administered and no more intrusive than is required for ordered liberty.

6. Knowledge that property and liberty are inseparably connected, and that economic leveling is not economic progress.

For an elaboration on the role of government, I turn to Michael Oakeshott:

Government, … as the conservative in this matter understands it, does not begin with a vision of another, different and better world, but with the observation of the self-government practised even by men of passion in the conduct of their enterprises; it begins in the informal adjustments of interests to one another which are designed to release those who are apt to collide from the mutual frustration of a collision. Sometimes these adjustments are no more than agreements between two parties to keep out of each other’s way; sometimes they are of wider application and more durable character, such as the International Rules for for the prevention of collisions at sea. In short, the intimations of government are to be found in ritual, not in religion or philosophy; in the enjoyment of orderly and peaceable behaviour, not in the search for truth or perfection…. To govern, then, as the conservative understands it, is to provide a vinculum juris for those manners of conduct which, in the circumstances, are least likely to result in a frustrating collision of interests; to provide redress and means of compensation for those who suffer from others behaving in a contrary manners; sometimes to provide punishment for those who pursue their own interests regardless of the rules; and, of course, to provide a sufficient force to maintain the authority of an arbiter of this kind. Thus, governing is recognized as a specific and limited activity; not the management of an enterprise, but the rule of those engaged in a great diversity of self-chosen enterprises. It is not concerned with concrete persons, but with activities; and with activities only in respect of their propensity to collide with one another. It is not concerned with moral right and wrong, it is not designed to make men good or even better; it is not indispensable on account of ‘the natural depravity of mankind’ but merely because of their current disposition to be extravagant; its business is to keep its subjects at peace with one another in the activities in which they have chosen to seek their happiness. And if there is any general idea entailed in this view, it is, perhaps, that a government which does not sustain the loyalty of its subjects is worthless; and that while one which (in the old puritan phrase) ‘commands the truth’ is incapable of doing so (because some of its subjects will believe its ‘truth’ to be in error), one which is indifferent to ‘truth’ and ‘error’ alike, and merely pursues peace, presents no obstacle to the necessary loyalty.

…[A]s the conservative understands it, modification of the rules should always reflect, and never impose, a change in the activities and beliefs of those who are subject to them, and should never on any occasion be so great as to destroy the ensemble. Consequently, the conservative will have nothing to do with innovations designed to meet merely hypothetical situations; he will prefer to enforce a rule he has got rather than invent a new one; he will think it appropriate to delay a modification of the rules until it is clear that the change of circumstances it is designed to reflect has come to stay for a while; he will be suspicious of proposals for change in excess of what the situation calls for, of rulers who demand extra-ordinary powers in order to make great changes and whose utterances re tied to generalities like ‘the public good’ or social justice’, and of Saviours of Society who buckle on armour and seek dragons to slay; he will think it proper to consider the occasion of the innovation with care; in short, he will be disposed to regard politics as an activity in which a valuable set of tools is renovated from time to time and kept in trim rather than as an opportunity for perpetual re-equipment. (Rationalism in Politics and Other Essays, New and Expanded Edition, pp. 427-31)

In what follows, I synthesize Kirk and Oakeshott, and call the result Right-Minarchism.

A TAXONOMY OF PHILOSOPHIES

I begin with a rough sorting of political philosophies:

  • Anarchism is a fairly coherent (if implausible) philosophy of non-government, propounded by persons who usually call themselves anarcho-capitalists (probably because it seems a more respectable label than “anarchist”).
  • Minarchism is a somewhat more diffuse but still coherent philosophy of minimal government, propounded by persons who usually call themselves libertarians, over the objection of anarchists, who claim to be the only true libertarians.
  • Anarchists and minarchists dwell in the big tent of libertarianism.  Where anarchists are fairly monolithic in their views (government is evil because it must always be based on coercion), minarchists are of varied stripes, which I delineate below. My analyses of anarchism and minarchism span the range of libertarian ideas, so there is nothing more for me to say in this post about libertarianism as a political philosophy.
  • Statism comprises a broad set of attitudes about government’s role, propounded by “types” ranging from redneck yahoos to campus radicals, each type proclaiming itself benign (for some, if not for others). But each type would — in thought and word, if not deed — set loose the dogs of the state upon its political opponents and the vast, hapless majority. Statism, because it is so powerful and pervasive a force, merits further analysis — more aptly, dissection — into its main types.
  • Despotism is perhaps the inevitable outcome of statism. Despotism may be “hard,” as with the USSR under Stalin and Germany under Hitler, or “soft,” as with innumerable “social democrat” regimes, including the controlling regime of the United States. Under despotic rule there is no dividing line between the state’s power and individual liberty. The state can — and will — dictate to its subjects about anything.

Thus the four broad philosophies that I parse in this post are anarchism, minarchism, statism, and despotism. Here is more about each of them:

Anarchism

Anarchists believe that no one should govern others; rather, all human interactions and joint functions (e.g., a group’s efforts to defend itself against predators and enemies) should be undertaken through voluntary agreements, including contracts with private defense agencies.

Central to anarchism is the dual principle of non-coercion and non-aggression: conjoined prohibitions against the imposition of one’s will upon others and, therefore, the use of force except in self-defense or the defense of others. (Are there loopholes for dealing with imminent, predatory threats and teaching children to behave? Only an anarchist knows for sure.) Government, by definition, imposes its will by exerting superior force. Government, therefore, is illegitimate.

The non-aggression principle is the undoing of anarchism. Anarchy (purely consensual anarchy) cannot prevail. Non-aggression often is met with aggression. Anarchists (were there a viable group of them) would fall prey to well-armed aggressors (both from within the group and outside it). This inconvenient fact is of no account to doctrinaire anarchists. They are focused on the world as they would like it to be, and have little time for the world as it is, except to object when it isn’t to their liking — which is all of the time.

Minarchism

The Central Tenet: Limited Government

Minarchists are united in but one respect: Government, being inevitable if not necessary, must be kept within strict bounds. Given the inevitability of government, it is better to control it than to be controlled by it. It is therefore better to design an accountable one that can be kept within its bounds (or so minarchists hope) than to suffer an imposed regime, most likely an oppressive one.

Why do minarchists prefer strictly limited government? There are two reasons. The first reason is a desire to be left alone, or more elegantly, a deontological belief in the natural right to be left alone. (Most anarchists are deontologists.) The second, consequentalist, reason is that voluntary social and economic transactions yield better results than government-directed ones. Friedrich Hayek makes that argument, at length and successfully, in his essay, “The Use of Knowledge in Society.” Here is a small sample:

As Alfred Whitehead has said in another connection, “It is a profoundly erroneous truism, repeated by all copy-books and by eminent people when they are making speeches, that we should cultivate the habit of thinking what we are doing. The precise opposite is the case. Civilization advances by extending the number of important operations which we can perform without thinking about them.” This is of profound significance in the social field. We make constant use of formulas, symbols, and rules whose meaning we do not understand and through the use of which we avail ourselves of the assistance of knowledge which individually we do not possess. We have developed these practices and institutions by building upon habits and institutions which have proved successful in their own sphere and which have in turn become the foundation of the civilization we have built up.

What Hayek says is true not only of economic institutions but also of social ones. The seemingly uncoordinated price “system” guides economic actors toward better ways of meeting ever-changing human wants with limited resources. The social “system” accrues behavioral norms that guide individuals toward peaceful, constructive coexistence with their compatriots.

The Protection of Negative Rights

Whether deontological or consequentialist, minarchism holds that the central role of government is to protect citizens from predators, domestic and foreign. Such protection cannot be absolute, but government’s evident ability and willingness to dispense justice and defend the nation are meant, in part, to deter predators.

More generally, the ideal government is restricted to the protection of negative rights. Such rights, as opposed to positive rights, do not involve claims against others; instead, they involve the right to be left alone by others. Negative rights include the right to conduct one’s affairs without being killed, maimed, or forced or tricked into doing something against one’s will; the right to own property, as against the right of others to abscond with property or claim it as their own; the right to work for a wage and not as a slave to an “owner” who claims the product of one’s labor; and the right to move and transact business freely within government’s sphere of sovereignty (which can include overseas movements and transactions, given a government strong enough to protect them).

To a minarchist, then, rights are limited to those that can be exercised without requiring something of others (e.g., transfers of income and property). The one necessary exception is the cost of providing a government to ensure the exercise of rights. That cost must be borne, in some arbitrary way, by citizens who, on the one hand, see no need for government (i.e., anarchists) and by citizens who, on the other hand, have differing conceptions of rights and how the cost of protecting those rights should be shared.

More about Property Rights

Minarchists (like anarchists) are fierce defenders of property rights. Minarchists hold that we own what we earn (or what is given to us, freely, by others who have earned it). The right to property is a negative right, in that the enjoyment and use of that which is ours need not deny anyone else the right to enjoy and use that which is theirs. (Acts of enjoyment and use, however, must not infringe on the negative rights of others.) The denial of property rights (in whole or in part) is theft, whether committed by a private party or government. (The “public use” clause of the Fifth Amendment is applied legitimately only when government must take property, with “just compensation” in order to execute one of the few legitimate functions of government.)

There is an economic justification, as well, for minarchists’ defense of property rights. People generally use that which they own more carefully and more productively than that which they do not own. This tendency — which springs from the same psychological source as the tendency of individuals to care more for those who are closest to them — yields less waste and greater output. That outcome benefits everyone, not just the owners of economic resources.

The Role of Civil Society

There can be more to minarchy than the protection of negative rights. In the view of some minarchists, government legitimately serves the broader (but related) purpose of protecting civil society. Other minarchists have no use for what they see as the strictures of civil society; they wish only to be left alone. In their introverted myopia they fail to see that the liberty to live a peaceful, happy, and even prosperous life depends on civil society: the daily observance of person X’s negative rights by persons W, Y, and Z — and vice versa. That is so because it is impossible and — more importantly — undesirable for government to police everyone’s behavior. Liberty depends, therefore, on the institutions of society — family, church, club, and the like — through which individuals learn to treat one another with respect, through which individuals often come to the aid of one another, and through which instances of disrespect can be noted, publicized, and even punished (e.g., by criticism and ostracism).

That is civil society. And it is civil society which, many minarchists aver, government ought to protect instead of usurping and destroying as it establishes its own agencies (e.g., public schools, welfare), gives them primary and even sole jurisdiction in many matters, and funds them with tax money that could have gone to private institutions. Moreover, some minarchists aver that government ought to tolerate a broad range of accepted behaviors across the various institutions of civil society, as long as government also protects the negative rights of association and exit: the right to associate with persons of one’s choosing, and the right to live and work where one prefers.

The centrality of family, church, club, and the like, to civil society reflects a fundamental fact of the human condition: We tend to care more for those who are close to us than we do for those who are unrelated to us by blood or a direct social bond of some kind. Charity and civilization begin at home.

A Note about Left-Minarchism

This branch of minarchism attracts pseudo-libertarians who proclaim their dedication to liberty from one side of the mouth while supporting statist restrictions on liberty from the other side. The hypocrisy of left-minarchism is discussed in the table below, and by Bill McMorris in “Conservatives Will Embrace Libertarians When Libertarians Stop Embracing Government” (The Federalist, February 26, 2014).

Statism

I come now to statism, about which less need be said than about minarchism. Statism is notable mainly for its failure to understand, respect, or protect negative rights and civil society.

The Essence of Statism: Control

Statism boils down to one thing: the use of government’s power to direct resources and people toward outcomes dictated by government. Statism is orthogonal to the libertarian worldview of anarchists and minarchists.

The particular set of outcomes toward which government should strive depends on the statist who happens to be expounding his views. But all of them are essentially alike in their desire to control the destiny of others. (Two excellent posts that spell out the essential sameness of statism, whether it comes from the “left” or the “right,” are John Ray’s “The American Roots of Fascism” and Eric Scheie’s “Rule by the Freest.”)

“Hard” statists thrive on the idea of a powerful state; control is their religion, pure and simple. “Soft” statists profess offense at the size, scope, and cost of government, but will go on to say “government should do such-and-such,” where “such-and such” usually consists of:

  • government grants of particular positive rights, either to the statist, to an entity or group to which he is beholden, or to a group with which he sympathizes
  • government interventions in business and personal affairs, in the belief that government can do certain things better than private actors, or simply should do many things other than — and sometimes in lieu of — dispensing justice and defending the nation.

The distinctions between “hard” and “soft” are, for my purposes, less important than the particular kinds of positive rights and interventions preferred by statists of various stripes. I parse the variety of statists later in this post.

Feeble Excuses for Statism

Statists give various excuses for their statism. Here are three, the second and third of which are mentioned above:

  • Government is the community. (This is an odd thing to say, given that politicians elected by a minority of the populace, and often a bare majority of voters, are able to dictate to the non-voting majority. The main virtue of  many an appointed official is that he represents a particular interest group, which is a far cry from “the community.”)
  • People (or certain kinds of people) can’t do such-and-such for themselves. (This claim is credible only because government has destroyed much of civil society by fostering dependency instead of personal responsibility; by blunting entrepreneurship, business formation, and economic growth through taxation and regulation; by breaking up families through various welfare programs; by usurping many of civil society’s functions (education, care of the elderly, and charity being the three most obvious); and by heavily taxing those who would have the means to underwrite the educational and charitable institutions of civil society.)
  • Certain kinds of activities and industries must be regulated because we can’t trust certain so-an-so’s to do the right thing. (This claim is tantamount to saying that (a) only certain outcomes are acceptable, (b) risk — which is necessary to progress — can be controlled by politicians and bureaucrats, and (c) the superficial knowledge and judgments of those same politicians and bureaucrats are adequate substitutes for the vast amounts of knowledge resident in free markets and free social institutions.

The reality from which statists avert their eyes is this: Even in a “democracy” such as ours, where government is supposed to be the people’s servant, it is in fact operated by power-hungry politicians and their often-arrogant minions. The arrogant attitudes of elected and appointed officials toward the “communities” they supposedly serve are revealed by the lavish offices and perquisites they arrange for themselves. The higher they rise on the scale of political power, the more god-like they become, to themselves at least. Constituent service is a means of garnering votes — a necessary evil, handled by staffers whenever possible, and paid for by taxpayers. (A politician naturally take a more personal interest in big contributors seeking attention and favors.)

The Bottom Line about Statism

No recitation of the character and limitations of government really matters to a statist. Government is at once a statist’s god and bully of first resort.

Despotism

In “democratic” nations, despotism arrives as an outgrowth of statism. It arrives by stealth, as the state’s power becomes so pervasive and so entrenched in statutes, regulations, and judicial decrees that liberty becomes a hollow word. Every sphere of existence — religious, social, economic — is subject to interference and control by the state. The state may not exercise full control in every instance, but it has the power to do so, rhetoric about liberty to the contrary notwithstanding.

America’s despotism is “soft,” compared with the despotism of the USSR and Nazi Germany, but it is despotism, nonetheless. If you think it hyperbolic to call the America a despotism, think again, and again, and again, and again, and again. The dividing line between statism and despotism is a thin one, and if you will follow the links in the two preceding sentences, you will find many reasons to believe that America has crossed over into despotism. “Soft” verges on “hard” when myriad organs of the state — from the IRS to local zoning departments — can persecute and prosecute citizens on almost any pretext. The only saving grace is that the victims of America’s “soft” despotism still have recourse to the courts and sometimes find relief there.

REFINING THE TAXONOMY

These statements implicate several political issues:

1. Toward what social and economic outcomes ought human endeavor be aimed? The “aiming” need not be deliberate but, rather, the natural result of voluntary, cooperative action in accord with social norms.

2. Who should determine social norms, and how?

3. What behaviors should obtain?

4. How should norms be enforced?

5. What is the proper role of the state?

6. When the norms and actions of the people and the state are in conflict, how should the conflict be resolved?

7. Who benefits from the imposition of norms by the state, and who is harmed by those impositions?

8. Who should pay for functions of the state?

9. What should happen when the state exceeds its authority?

10. With respect to the foregoing matters, how should dissent acknowledged and accommodated?

The answers to those questions lead to a taxonomy in which Minarchism is divided into Right-Minarchism (the traditional conservative stance, fleshed out with its implications for governance), and Left-Minarchism. Statism is divided into Left-Statism and Right-Statism. I leave Despotism and Anarchism intact. Both stances have nuances, but both are baleful enough without being proliferated.

The following table delineates each of the six philosophies in terms of the ten questions listed above. I have placed Anarchism last, not only for convenience but also because it is the least probably of the six options.

Taxonomy of political philosophies

*     *     *

Related posts (mainly about America’s slide into statism and despotism, and the consequences thereof):
Unintended Irony from a Few Framers
Freedom of Contract and the Rise of Judicial Tyranny
The Constitution in Exile
What Is the Living Constitution?
True Federalism
FDR and Fascism
The Ruinous Despotism of Democracy
The Ruinous Despotism of Democracy
The People’s Romance
Intellectuals and Capitalism
Fascism
What Happened to Personal Responsibility?
Democracy and Liberty
The Interest-Group Paradox
Utilitarianism vs. Liberty
Fascism and the Future of America
The Real Constitution and Civil Disobedience
The Near-Victory of Communism
Tocqueville’s Prescience
Accountants of the Soul
Invoking Hitler
The Left
The Constitution: Original Meaning, Corruption, and Restoration
The Divine Right of the Majority
Our Enemy, the State
Does the Power to Tax Give Congress Unlimited Power?
“Intellectuals and Society”: A Review
Does Congress Have the Power to Regulate Inactivity?
The Left’s Agenda
The Meaning of Liberty
Understanding Hayek
The Left and Its Delusions
A Declaration of Civil Disobedience
Crimes against Humanity
Abortion and Logic
The Myth That Same-Sex “Marriage” Causes No Harm
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Some Thoughts and Questions about Preemptive War
Society and the State
Defense as an Investment in Liberty and Prosperity
Our Perfect, Perfect Constitution
Abortion, Doublethink, and Left-Wing Blather
Reclaiming Liberty throughout the Land
Abortion, “Gay Rights,” and Liberty
Don’t Use the “S” Word When the “F” Word Will Do
Liberty and Society
The Eclipse of “Old America”
The Capitalist Paradox Meets the Interest-Group Paradox
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Is Taxation Slavery?
A Contrarian View of Universal Suffrage
Well-Founded Pessimism
Restoring Constitutional Government: The Way Ahead
Estimating the Rahn Curve: Or, How Government Spending Inhibits Economic Growth
America’s Financial Crisis Is Now
Defining Liberty
Conservatism as Right-Minarchism
The World Turned Upside Down
Secession Made Easy
More about “Secession Made Easy”
A Better Constitution
Progressive Taxation Is Alive and Well in the U.S. of A.
“Social Insurance” Isn’t Insurance — Nor Is Obamacare
“We the People” and Big Government
The Culture War
Defense Spending: One More Time
The Pseudo-Libertarian Temperament (see also the links at the bottom)

The Pseudo-Libertarian Temperament

Todd Zywicki at The Volokh Conspiracy discusses Jonathan Haidt’s book The Righteous Mind: Why Good People are Divided by Politics and Religion:

So what’s Haidt’s argument? His basic idea is twofold. First, that people do not rationally choose their ideologies. You do not come into the political arena as a blank slate and then just examine all the moral and consequential arguments for different policies and pick the one that is most “correct.” Instead, you come into the political arena with subconscious, largely unexamined psychological beliefs….

The second part of Haidt’s argument is that once you have subconsciously chosen your ideology (you don’t rationally choose what the important factors are) you also do not rationally and objectively weigh the evidence as to whether your ideological views are “correct.” Instead, people tend to subconsciously sift the information that they take in: you tend to overvalue evidence that supports your predispositions and dismiss evidence that is inconsistent with it. As a result, “evidence” becomes self-justifying.

My decades-long migration from knee-jerk liberalism to doctrinaire libertarianism to a libertarian brand of conservatism certainly reflects the “inner me,” the son of socially conservative, Midwestern parents. It also reflects the maturity that comes with age, marriage, parenthood, home ownership, financial responsibility, and jobs that didn’t shelter me from the realities of human nature.

The migration from doctrinaire libertarian to libertarian-conservative took place in the last decade, that is, since I began blogging in 2004. Why did my political world-view shift at so late an age? Because I came to realize, without the benefit of familiarity with Haidt’s work, that one’s political views tend to be driven by one’s temperament. That struck me as an irrational way of choosing a political stance, so — despite my own “libertarian” temperament — I came around to a libertarian brand of conservatism, one that I have sometimes called Burkean-Hayekian libertarianism (or conservatism).

The typical “libertarian” — the kind of pseudo-libertarian that I refuse to be — is stridently against religion, for “open” borders, for same-sex “marriage,” for abortion, and against war (except possibly when, too late, he sees the whites of his enemy’s eyes). Mutually beneficial coexistence based on trust and respect deriving from the common observance of traditional, voluntarily evolved social norms? Are you kidding? Only “libertarians” know how their inferiors (the “masses”) should live their lives, and they don’t blink at the use of state power to make it so. How “liberal” of them.

What temperament is typical of the pseudo-libertarian? Here’s Zywicki again:

Haidt finds that [pseudo] libertarians place a much higher emphasis on rationality and logical reasoning than do other ideologies. But that doesn’t mean that [pseudo] libertarian beliefs are less-motivated by unexamined psychological predispositions than other ideologies. Again, take the idea that [pseudo] libertarians believe that “consistency” is a relevant variable for measuring the moral worth or persuasiveness of an ideology. But that is not a self-justifying claim: one still must ask why “consistency” maters or should matter. So while [pseudo] libertarians may place a higher stated value on rational argumentation, that does not mean that [pseudo] libertarian premises are any less built upon subjective psychological foundations.

Zywicki links to an article by Haidt and others, “Understanding Libertarian Morality: The Psychological Dispositions of Self-Identified Libertarians” (PLoS ONE 7(8): e42366. doi:10.1371/journal.pone.0042366), which arrives at this diagnosis of the pseudo-libertarian condition:

[They] have a unique moral-psychological profile, endorsing the principle of liberty as an end and devaluing many of the moral concerns typically endorsed by liberals or conservatives. Although causal conclusions remain beyond our current reach, our findings indicate a robust relationship between [pseudo] libertarian morality, a dispositional lack of emotionality, and a preference for weaker, less-binding social relationships [emphasis added].

That’s an uncomfortable but accurate description of my temperamental leanings, which reflect my almost-off-the-chart introversion. As the old saying goes, it takes one to know one. Thus, as I have written,

[p]seudo-libertarian rationalists seem to believe that social bonding is irrelevant to cooperative, mutually beneficial behavior; life, to them, is an economic arrangement.

Elsewhere:

[They] have no use for what they see as the strictures of civil society; they wish only to be left alone. In their introverted myopia they fail to see that the liberty to live a peaceful, happy, and even prosperous life depends on civil society….

And here:

Pseudo-libertarianism …. posits a sterile, abstract standard of conduct — one that has nothing to do with the workaday world of humanity….

That is not libertarianism. It is sophomoric dream-spinning.

Finally:

[P]seudo-libertarianism [is a] contrivance[], based … on … an unrealistic, anti-social view of humans as arms-length negotiators…. Pseudo-libertarianism can be dismissed as nothing more than a pipe-dream….

To the doctrinaire pseudo-libertarian, a perfect world would be full of cold-blooded rationalists. Well, perfect until he actually had to live in such a world.

*     *     *

Related posts:
On Liberty
Rights, Liberty, the Golden Rule, and the Legitimate State
The Unreality of Objectivism
“Natural Rights” and Consequentialism
More about Consequentialism
Line-Drawing and Liberty
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Evolution, Human Nature, and “Natural Rights”
More about Conservative GovernanceWhy I Am Not an Extreme Libertarian
Facets of Liberty
Burkean Libertarianism
Understanding Hayek
Rights: Source, Applicability, How Held
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Society and the State
Why Conservatism Works
Not Guilty of Libertarian Purism
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
Conservatism as Right-Minarchism
“We the People” and Big Government
The Social Animal and the “Social Contract”
The Futile Search for “Natural Rights”

The Futile Search for “Natural Rights”

Timothy Sandefur has begun a guest-blogging stint at The Volokh Conspiracy, whence he will regale us with theses from his book, The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty. Sandefur’s first post is “The Conscience of the Constitution: An Introduction.” In it, he writes:

The theme of my book is that the clash of these two conceptions of liberty—the right of the individual to be free, and the alleged right of some people to tell others how they may live—sets the background for understanding many of the most important conflicts in constitutional law. I argue that the central value of the U.S. Constitution is to protect individual liberty—the “sheep’s view” of freedom—and not, as the consensus of today’s lawyers, judges, and law professors seems to hold, the “wolfish” notion that people have a basic right to control the lives of others. I argue that the primacy of liberty was the basic premise of the classical liberalism that lies at the foundation of American constitutional system—that is articulated in the Declaration of Independence—and that ought to guide our interpretation of the nation’s fundamental law. I call this the “conscience” of the Constitution.’

The American founders held that people are inherently free—that is, no person has a basic entitlement to dictate how other people may lead their lives. Although today it’s common for intellectuals to dismiss the notion of natural rights as mysticism or emotionalism, it is actually a sound philosophical position. People are “created equal” in the sense that they possess their own selves (and can’t give them up; hence “inalienability”). Given that initial position of individual freedom, there must be some good reason for limiting freedom.

Let’s start with the easy part: the first sentence of the second-quoted paragraph. Did the founders really hold that people are inherently free? All founders, including slave owners? All people, including slaves? Or did the founders simply want to relocate the seat of power from London to the various State capitals, where local preferences (including anti-libertarian ones) could prevail? Wasn’t that what the Declaration of Independence and Articles of Confederation were mainly about? The Constitution simply moved some of the States’ power toward the national capital, and then mainly to establish uniformity in the conduct of foreign policy and war-making, to eliminate intra-State trade barriers, and to establish a uniform policy with respect to international trade.

On the whole, the original Constitution as amended quickly by the Bill of Rights was largely a “States’ rights” document. Certain individual rights were recognized by the central government, but it was left to the powers-that-be in each State to decide where to draw the line between individual rights and governmental powers. (As an aside I note that the Constitution remained a States’ rights document until the ratification of Amendment XIV. And then, over the decades — and through a combination of legislative, executive, and judicial actions — it became a central-government-powers document, from which much anti-libertarian mischief has emanated.)

In sum, Sandefur’s premise is wrong. The Declaration and Constitution are not libertarian manifestos — as Sandefur, in effect, characterizes them. Despite the rhetoric about “We the People,” “inalienable rights,” “liberty,” and the rest of it, the Declaration and Constitution are about who governs, and about the division of rights and powers between “the people” and government..

The essential problem with Sandefur’s analysis lies in his Manichean approach to rights. In his view, they are either inherent in individual persons or they are granted by government. (He denies the second possibility, of course.) There is a third way, which doesn’t figure in Sandefur’s post (though perhaps he addresses it in the book). The third way is hinted at in the paper by Randy Barnett, “A Law Professor’s Guide to Natural Law and Natural Rights,” to which Sandefur links: “natural rights…. describe how others ought to act towards rights-holders.”

In other words, the thing (for want of a better word) that arises from human nature is not a set of rights that each person “owns”; rather, it is an inclination or imperative to treat others as if they have rights. This idea of being inclined (or compelled) to “act toward” is more plausible than idea that “natural rights” inhere in their holders. It is so because “act toward” suggests that we (most of us) learn that it is a good thing to leave others alone as long as they do no harm to us or mean no harm to us. That is a much more plausible explanation of rights than the claim that rights inhere in individuals as rights-holders.

Given the more plausible view that rights are a matter of “acting toward” others, it should be evident — to all but romanticists of Sandefur’s ilk — that rights are not a priori (“inherent”) but arise from interpersonal bargaining (at best) and governmental edicts (at worst). It cannot be otherwise, for even if human beings are wired to leave others alone as they are left alone, it is evident that they are not wired exclusively in that way. Thus claims about “natural rights” are not only foolish but futile. Rights, inescapably, are a matter of persuasion (at best) and power (at worst, unless the power happens to be on the “right” side).

That said, as Sandefur observes in “Teleology without God,” he and I “agree on the qualities of … rights once their existence is granted.” Specifically, we seem to agree that negative rights are the only rights worthy of the name because only negative rights can be held universally.

Among those of us who agree about the proper scope of rights, should the provenance of those rights matter? I think not. The assertion that there are “natural rights” (“inalienable rights”) makes for resounding rhetoric, but (a) it is often misused in the service of positive rights and (b) it makes no practical difference in a world where power routinely accrues to those who make something-for-nothing promises of positive rights.

*     *     *

Note: Much of the foregoing is borrowed from “Evolution, Human Nature, and ‘Natural Rights’,” my last entry in an exchange of posts with Sandefur on the subject of rights. He has not, as far as I know, issued a rejoinder.

*     *     *

Related posts:

These are some of the many posts at this blog which bear on the origins, nature, suppression, and restoration of negative rights:

On Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
The Unreality of Objectivism
“Natural Rights” and Consequentialism
More about Consequentialism
Atheism, Agnosticism, and Science
Line-Drawing and Liberty
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Liberty, Equality, Fraternity: Part I
Social Justice
Evolution, Human Nature, and “Natural Rights”
Burkean Libertarianism
Rights: Source, Applicability, How Held
What Is Libertarianism?
Nature Is Unfair
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
Liberty, Negative Rights, and Bleeding Hearts
Why Conservatism Works
The Pool of Liberty and “Me” Libertarianism
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
“We the People” and Big Government
The Social Animal and the “Social Contract”

The Social Animal and the “Social Contract”

Here we go again, into “all men are brothers” territory:

“Morality can do things it did not evolve (biologically) to do,” says [Joshua] Greene [author of Moral Tribes: Emotion, Reason, and the Gap between Us and Them]. How can it do this? By switching from the intuitive “automatic mode” that underpins our gut reactions to the calculating, rational “manual mode”. This, for Greene, means embracing utilitarianism, “the native philosophy of the manual mode”. Utilitarianism takes the idea that “happiness is what matters, and everyone’s happiness counts the same”, generating the simple three-word maxim, “maximise happiness impartially”.

Greene is not the first to think that he has found “a universal moral philosophy that members of all human tribes can share” and that those who disagree are simply not being rational enough. Many a philosopher will raise an eyebrow at his claim that “the only truly compelling objection to utilitarianism is that it gets the intuitively wrong answers in certain cases”.

At least one strong objection is suggested by what Greene himself says. He knows full well that the kind of absolutely impartial perspective demanded by utilitarianism – in which the interests of your own child, partner or friends count for no more than any others – “is simply incompatible with the life for which our brains were designed”. Greene takes this as a flaw of human beings, not his preferred moral theory. But when someone, for example, dedicates a book to his wife, as Greene does, this does not reflect a failure to be appropriately objective. A world in which people showed no such preferences would be an inhuman, not an ideal, one. A morality that values human flourishing, as Greene thinks it should, should put our particular attachments at its core, not view them as “species-typical moral limitations” to be overcome.

That’s an excerpt of Julian Baggiani’s commendable review of Greene’s book and two others (“The Social Animal,” FT.com, January 3, 2014).

Greene makes two errors. First, he assumes that it’s wrong to prefer those who are closest to one, geographically and by kinship, to those who are farther away. Second, he assumes that happiness can be added, and that what should matter to a person is not his happiness but the sum of all the happiness in the world. The errors are so obvious that I won’t dwell on them here. If you want to read more about them, start with “Liberalism and Sovereignty,” “Inside-Outside,” “Modern Utilitarianism,” “The Social Welfare Function,” and “Utilitarianism vs. Liberty.” And by all means read “The Fallacy of Human Progress,” which addresses Steven Pinker’s rationalistic thesis about overcoming human nature (The Better Angels of Our Nature: Why Violence Has Declined).

Yes, human beings are social animals, but human beings are not “brothers under the skin,” and there is no use in pretending that we are. Trying to make us so, by governmental fiat, isn’t only futile but also wasteful and harmful. The futility of forced socialization is as true of the United States — a vast and varied collection of races, ethnicities, religions, and cultures — as it is of the world.

Despite the blatant reality of America’s irreconcilable diversity, American increasingly are being forced to lead their lives according to the dictates of the central government. Some apologists for this state of affairs will refer to the “common good,” which is a fiction that I address in the third, fourth, and fifth of the above-linked posts. Other apologists like to invoke the “social contract,” another fiction that Michael Huemer disposes of quite nicely:

[I]t is often said that the government derives its powers from a “social contract,” whereby the people have granted these special powers to the government. The only problem with this theory is that it is factually false—I have not in fact agreed to have a government, to pay taxes, or to obey the government’s laws.

A number of suggestions have been made as to how, despite my protestations to the contrary, I really have agreed to all those things. Here I will just mention one, because it is the one most often heard in conversation. This is the suggestion that I have “implicitly” agreed to have a government merely by residing in the government’s territory. (“If you don’t want a government, simply move to Antarctica!”) Very briefly, the problem with this suggestion is that it presupposes that the state owns all the territory over which it claims jurisdiction, or that for some other reason it has the right to exclude people from that area. But there is no way to establish such a right on the part of the state, unless one has already shown that the state has legitimate authority. This therefore cannot be presupposed in an argument designed to establish the state’s authority. In this case, the statist’s claim seems analogous to the leader of a protection racket claiming that his victims have voluntarily agreed to pay him protection money, merely by living in their own houses. There are other ways in which social contract enthusiasts claim that we have accepted the social contract, but as I explain in the book, each of them falls to equally serious objections, which show that the social contract does not come close to satisfying the generally accepted principles of real, valid contracts.

Another popular suggestion is that, in democratic nations (about half the world today), the democratic process confers authority on the government. The motivation behind this view is initially puzzling. Recall that the problem is to explain why the state may undertake actions that would be considered rights violations if anyone else were to perform them. Typically, if some type of action violates someone’s rights—for instance, theft, kidnapping, or murder—the action will not be converted into an ethically permissible, non-rights-violating one if a larger number of people support the action than oppose it. If you’re in a group of friends, and five of them decide they want to rob you, while only three oppose robbing you, this does not make it ethically permissible to rob you. Similarly, even if every law were directly authorized by a popular referendum of everyone affected by the law, it is unclear why this would render legitimate a law that would otherwise have been a rights violation. Matters are only more problematic in a society in which a minority of people vote, and they vote merely to select representatives who may or may not keep their promises, and may or may not do what their supporters wanted.

But doesn’t the government have to coerce us in the ways that it does in order to maintain itself in existence, so that it can provide law and order? And without government, wouldn’t society degenerate into a constant war of everyone against everyone? The first thing to note about this argument is that it could at most justify a tiny minority of all the powers claimed by any modern state. Perhaps the government must make laws against violence and theft and provide a court system to adjudicate disputes, in order to prevent a Hobbesian war of all against all. But why must the government control what drugs you may put into your body, what wages you may pay your employees, how much wheat you may grow on your farm, and whether you buy health insurance? Why must they subsidize agribusiness, send rockets to Mars, fund the arts, provide college loans, and run their own school system? The question is not, “Why are those programs beneficial?” The question is, “How are those programs justified by the threat of the Hobbesian war that would supposedly result from anarchy?”

Granted, sometimes it is necessary to use coercion to prevent some disaster from occurring. But having done so, one is not then ethically permitted to continue using coercion beyond the minimal amount necessary to prevent that disaster. If we really stand in danger of some sort of all-out Hobbesian war, then the state would be justified in employing the minimum coercion necessary to prevent the state of war from occurring. This would not justify their continuing to employ coercion whenever it strikes their fancy, or whenever they think they can achieve some benefit by doing so. (“The Problem of Authority,” Cato Unbound, March 4, 2013)

A point that Huemer doesn’t make in his essay is to compare Americans with the “boiling frog“:

The premise is that if a frog is placed in boiling water, it will jump out, but if it is placed in cold water that is slowly heated, it will not perceive the danger and will be cooked to death. The story is often used as a metaphor for the inability or unwillingness of people to react to significant changes that occur gradually.

The metaphor is apt. Americans — or a very large fraction of Americans — have been “boiled” stealthily:

Power has been passing to Washington for more than 100 years, in defiance of the Constitution, because of … the Nirvana fallacy, unrepresentative government, logjams and log-rolling, fiefdoms and egos, and the ratchet effect and interest-group paradox. Thus Washington is able to exert its power on the entire country, bringing big government to places that don’t want it….

[G]overnmental acts and decrees have stealthily expanded and centralized government’s power, and in the process have usurped social norms. The expansion and centralization of power occurred in spite of the specific limits placed on the central government by the original Constitution and the Tenth Amendment. These encroachments on liberty are morally illegitimate because their piecemeal adoption has robbed Americans of voice and mooted the exit option. And so, liberty-loving Americans have discovered — too late, like the proverbial frog in the pot of water — that they are impotent captives in their own land.

Voice is now so muted by “settled law” (e.g., “entitlements,” privileged treatment for some, almost-absolute control of commerce) that there a vanishingly small possibility of restoring constitutional government without violence. Exit is now mainly an option for the extremely wealthy among us. (More power to them.) For the rest of us, there is no realistic escape from illegitimate government-made law, given that the rest of the world (with a few distant exceptions) is similarly corrupt. (“‘We the People’ and Big Government,” Politics & Prosperity, November 16, 2013)

And, no, “we” — that is all of “us” — don’t want it to be that way:

If there is an “American psyche,” it has multiple-personality disorder.

What do you think when a snobbish European generalizes about Americans — a bunch of crude, gun-toting, money-grubbers? Do you think that such generalizations are correct? You probably don’t. And if you don’t, why would you think (or speak and write) as if Americans are like ants, that is, of one mind and collectively responsible for the actions of government? …

There’s no need to look abroad for inapplicable generalizations about America…. [C]onservatives and liberals have been separating themselves from each other. Only a cock-eyed optimist — the kind of person who believes that living in the same (very large) geographic requires unity — would call this a bad thing. As if proximity yields comity. It doesn’t work for a lot of families; it doesn’t work for most blacks and whites; it doesn’t work for upper-income and lower-income groups. Why should it work for most conservatives and liberals? …

But aren’t “we all in this together,” as proponents of big and bigger government are wont to proclaim? Not at all. The notion that “we are all in this together” is just a slogan, which really means “I want big and bigger government” to “solve” this or that problem — usually at the expense of persons who have done nothing to create the “problem.” “We are all in this together” is a call for action by government, not proof of a mythical “national will.” If “we” were “all in this together,” we wouldn’t need to be reminded of it. Like a good sports team or military unit, we would simply act that way. (Op. cit.)

It’s true that most human beings crave some kind of social connection. But the gap between that craving and the faux connectedness of one-size-fits-all big government can’t be bridged by ringing phrases (“We the People”), by appeals to patriotism, or by force.

Government can take my money, and it can make me do things the way “technocrats” want them done — and it can do the same to millions of other Americans. But government can’t make me (or those other millions) love the recipients of my money or feel happier because I’m doing things the “right” way. It can only make my (and those other millions) despise the recipients and detest forced conformity. Only divisiveness can prevent the complete destruction of liberty in the name of “society.”

Social unity is found not in government but in genetic kinship:

[G]enetic kinship is indispensable to society, where society is properly understood as “an enduring and cooperating social group whose members have developed organized patterns of relationships through interaction with one another.” (“Genetic Kinship and Society,” Politics & Prosperity, August 16, 2012)

It takes overeducated dunderheads like Joshua Greene to denigrate the bonds of genetic kinship, even while openly prizing them.

*     *     *

Other related posts:
On Liberty
Rights, Liberty, the Golden Rule, and the Legitimate State
Tocqueville’s Prescience
What Is Conservatism?
Zones of Liberty
Society and the State
I Want My Country Back
The Golden Rule and the State
Government vs. Community
Evolution, Human Nature, and “Natural Rights”
More about Conservative Governance
The Meaning of Liberty
Evolution and the Golden Rule
Understanding Hayek
The Golden Rule as Beneficial Learning
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
Why Conservatism Works
Reclaiming Liberty throughout the Land
Rush to Judgment
Secession, Anyone?
Race and Reason: The Achievement Gap — Causes and Implications
Liberty and Society
The Eclipse of “Old America”

Not-So-Random Thoughts (IX)

Demystifying Science

In a post with that title, I wrote:

“Science” is an unnecessarily daunting concept to the uninitiated, which is to say, almost everyone. Because scientific illiteracy is rampant, advocates of policy positions — scientists and non-scientists alike — often are able to invoke “science” wantonly, thus lending unwarranted authority to their positions.

Just how unwarranted is the “authority” that is lent by publication in a scientific journal?

Academic scientists readily acknowledge that they often get things wrong. But they also hold fast to the idea that these errors get corrected over time as other scientists try to take the work further. Evidence that many more dodgy results are published than are subsequently corrected or withdrawn calls that much-vaunted capacity for self-correction into question. There are errors in a lot more of the scientific papers being published, written about and acted on than anyone would normally suppose, or like to think. . . .

In 2005 John Ioannidis, an epidemiologist from Stanford University, caused a stir with a paper showing why, as a matter of statistical logic, the idea that only one . . . paper in 20 gives a false-positive result was hugely optimistic. Instead, he argued, “most published research findings are probably false.” As he told the quadrennial International Congress on Peer Review and Biomedical Publication, held this September [2013] in Chicago, the problem has not gone away. (The Economist, “Trouble at the Lab,” October 19, 2013)

Tell me again about anthropogenic global warming.

The “Little Ice Age” Redux?

Speaking of AGW, remember the “Little Ice Age” of the 1970s?

George Will does. As do I.

One Sunday morning in January or February of 1977, when I lived in western New York State, I drove to the news stand to pick up my Sunday Times. I had to drive my business van because my car wouldn’t start. (Odd, I thought.) I arrived at the stand around 8:00 a.m. The temperature sign on the bank across the street then read -16 degrees (Fahrneheit). The proprietor informed me that when he opened his shop at 6:00 a.m. the reading was -36 degrees.

That was the nadir of the coldest winter I can remember. The village reservoir froze in January and stayed frozen until March. (The fire department had to pump water from the Genesee River to the village’s water-treatment plant.) Water mains were freezing solid, even though they were 6 feet below the surface. Many homeowners had to keep their faucets open a trickle to ensure that their pipes didn’t freeze. And, for the reasons cited in Will’s article, many scientists — and many Americans — thought that a “little ice age” had arrived and would be with us for a while.

But science is often inconclusive and just as often slanted to serve a political agenda. (Also, see this.) That’s why I’m not ready to sacrifice economic growth and a good portion of humanity on the altar of global warming and other environmental fads.

Well, the “Little Ice Age” may return, soon:

[A] paper published today in Advances in Space Research predicts that if the current lull in solar activity “endures in the 21st century the Sun shall enter a Dalton-like grand minimum. It was a period of global cooling.” (Anthony Watts, “Study Predicts the Sun Is Headed for a Dalton-like Solar Minimum around 2050,” Watts Up With That?, December 2, 2013)

The Dalton Minimum, named after English astronomer John Dalton, lasted from 1790 to 1830.

Bring in your pets and plants, cover your pipes, and dress warmly.

Madison’s Fatal Error

Timothy Gordon writes:

After reading Montesquieu’s most important admonitions in Spirit of the Laws, Madison decided that he could outsmart him. The Montesquieuan admonitions were actually limitations on what a well-functioning republic could allow, and thus, be. And Madison got greedy, not wanting to abide by those limitations.

First, Montesquieu required republican governments to maintain limited geographic scale. Second, Montesquieu required republican governments to preside over a univocal people of one creed and one mind on most matters. A “res publica” is a public thing valued by each citizen, after all. “How could this work when a republic is peopled diversely?” the faithful Montesquieuan asks. (Nowadays in America, for example, half the public values liberty and the other half values equality, its eternal opposite.) Thirdly—and most important—Montesquieu mandated that the three branches of government were to hold three distinct, separate types of power, without overlap.

Before showing just how correct Montesquieu was—and thus, how incorrect Madison was—it must be articulated that in the great ratification contest of 1787-1788, there operated only one faithful band of Montesquieu devotees: the Antifederalists. They publicly pointed out how superficial and misleading were the Federalist appropriations of Montesquieu within the new Constitution and its partisan defenses.

The first two of these Montesquieuan admonitions went together logically: a) limiting a republic’s size to a small confederacy, b) populated by a people of one mind. In his third letter, Antifederalist Cato made the case best:

“whoever seriously considers the immense extent of territory within the limits of the United States, together with the variety of its climates, productions, and number of inhabitants in all; the dissimilitude of interest, morals, and policies, will receive it as an intuitive truth, that a consolidated republican form of government therein, can never form a perfect union.”

Then, to bulwark his claim, Cato goes on to quote two sacred sources of inestimable worth: the Bible… and Montesquieu. Attempting to fit so many creeds and beliefs into such a vast territory, Cato says, would be “like a house divided against itself.” That is, it would not be a res publica, oriented at sameness. Then Cato goes on: “It is natural, says Montesquieu, to a republic to have only a small territory, otherwise it cannot long subsist.”

The teaching Cato references is simple: big countries of diverse peoples cannot be governed locally, qua republics, but rather require a nerve center like Washington D.C. wherefrom all the decisions shall be made. The American Revolution, Cato reminded his contemporaries, was fought over the principle of local rule.

To be fair, Madison honestly—if wrongly—figured that he had dialed up the answer, such that the United States could be both vast and pluralistic, without the consequent troubles forecast by Montesquieu. He viewed the chief danger of this combination to lie in factionalization. One can either “remove the cause [of the problem] or control its effects,” Madison famously prescribed in “Federalist 10″.

The former solution (“remove the cause”) suggests the Montesquieuan way: i.e. remove the plurality of opinion and the vastness of geography. Keep American confederacies small and tightly knit. After all, victory in the War of Independence left the thirteen colonies thirteen small, separate countries, contrary to President Lincoln’s rhetoric four score later. Union, although one possible option, was not logically necessary.

But Madison opted for the latter solution (“control the effects”), viewing union as vitally indispensable and thus, Montesquieu’s teaching as regrettably dispensable: allow size, diversity, and the consequent factionalization. Do so, he suggested, by reducing them to nothing…with hyper-pluralism. Madison deserves credit: for all its oddity, the idea actually seemed to work… for a time. . . . (“James Madison’s Nonsense-Coup Against Montesqieu (and the Classics Too),” The Imaginative Conservative, December 2013)

The rot began with the advent of the Progressive Era in the late 1800s, and it became irreversible with the advent of the New Deal, in the 1930s. As I wrote here, Madison’s

fundamental error can be found in . . . Federalist No. 51. Madison was correct in this:

. . . It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. . . .

But Madison then made the error of assuming that, under a central government, liberty is guarded by a diversity of interests:

[One method] of providing against this evil [is] . . . by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable. . . . [This] method will be exemplified in the federal republic of the United States. Whilst all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority.

In a free government the security for civil rights must be the same as that for religious rights. It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects. The degree of security in both cases will depend on the number of interests and sects; and this may be presumed to depend on the extent of country and number of people comprehended under the same government. This view of the subject must particularly recommend a proper federal system to all the sincere and considerate friends of republican government, since it shows that in exact proportion as the territory of the Union may be formed into more circumscribed Confederacies, or States oppressive combinations of a majority will be facilitated: the best security, under the republican forms, for the rights of every class of citizens, will be diminished: and consequently the stability and independence of some member of the government, the only other security, must be proportionately increased. . . .

In fact, as Montesqieu predicted, diversity — in the contemporary meaning of the word, is inimical to civil society and thus to ordered liberty. Exhibit A is a story by Michael Jonas about a study by Harvard political scientist Robert Putnam, “E Pluribus Unum: Diversity and Community in the Twenty-first Century“:

It has become increasingly popular to speak of racial and ethnic diversity as a civic strength. From multicultural festivals to pronouncements from political leaders, the message is the same: our differences make us stronger.

But a massive new study, based on detailed interviews of nearly 30,000 people across America, has concluded just the opposite. Harvard political scientist Robert Putnam — famous for “Bowling Alone,” his 2000 book on declining civic engagement — has found that the greater the diversity in a community, the fewer people vote and the less they volunteer, the less they give to charity and work on community projects. In the most diverse communities, neighbors trust one another about half as much as they do in the most homogenous settings. The study, the largest ever on civic engagement in America, found that virtually all measures of civic health are lower in more diverse settings. . . .

. . . Putnam’s work adds to a growing body of research indicating that more diverse populations seem to extend themselves less on behalf of collective needs and goals.

His findings on the downsides of diversity have also posed a challenge for Putnam, a liberal academic whose own values put him squarely in the pro-diversity camp. Suddenly finding himself the bearer of bad news, Putnam has struggled with how to present his work. He gathered the initial raw data in 2000 and issued a press release the following year outlining the results. He then spent several years testing other possible explanations.

When he finally published a detailed scholarly analysis in June in the journal Scandinavian Political Studies, he faced criticism for straying from data into advocacy. His paper argues strongly that the negative effects of diversity can be remedied, and says history suggests that ethnic diversity may eventually fade as a sharp line of social demarcation.

“Having aligned himself with the central planners intent on sustaining such social engineering, Putnam concludes the facts with a stern pep talk,” wrote conservative commentator Ilana Mercer, in a recent Orange County Register op-ed titled “Greater diversity equals more misery.”. . .

The results of his new study come from a survey Putnam directed among residents in 41 US communities, including Boston. Residents were sorted into the four principal categories used by the US Census: black, white, Hispanic, and Asian. They were asked how much they trusted their neighbors and those of each racial category, and questioned about a long list of civic attitudes and practices, including their views on local government, their involvement in community projects, and their friendships. What emerged in more diverse communities was a bleak picture of civic desolation, affecting everything from political engagement to the state of social ties. . . .

. . . In his findings, Putnam writes that those in more diverse communities tend to “distrust their neighbors, regardless of the color of their skin, to withdraw even from close friends, to expect the worst from their community and its leaders, to volunteer less, give less to charity and work on community projects less often, to register to vote less, to agitate for social reform more but have less faith that they can actually make a difference, and to huddle unhappily in front of the television.”“People living in ethnically diverse settings appear to ‘hunker down’ — that is, to pull in like a turtle,” Putnam writes. . . . (“The Downside of Diversity,” The Boston Globe (boston.com), August 5, 2007)

See also my posts, “Liberty and Society,” “The Eclipse of ‘Old America’,” and “Genetic Kinship and Society.” And these: “Caste, Crime, and the Rise of Post-Yankee America” (Theden, November 12, 2013) and “The New Tax Collectors for the Welfare State,” (Handle’s Haus, November 13, 2013).

Libertarian Statism

Finally, I refer you to David Friedman’s “Libertarian Arguments for Income Redistribution” (Ideas, December 6, 2013). Friedman notes that “Matt Zwolinski has recently posted some possible arguments in favor of a guaranteed basic income or something similar.” Friedman then dissects Zwolinski’s arguments.

Been there, done that. See my posts, “Bleeding-Heart Libertarians = Left-Statists” and “Not Guilty of Libertarian Purism,” wherein I tackle the statism of Zwolinski and some of his co-bloggers at Bleeding Heart Libertarians. In the second-linked post, I say that

I was wrong to imply that BHLs [Bleeding Heart Libertarians] are connivers; they (or too many of them) are just arrogant in their judgments about “social justice” and naive when they presume that the state can enact it. It follows that (most) BHLs are not witting left-statists; they are (too often) just unwitting accomplices of left-statism.

Accordingly, if I were to re-title ["Bleeding-Heart Libertarians = Left-Statists"] I would call it “Bleeding-Heart Libertarians: Crypto-Statists or Dupes for Statism?”.

*     *     *

Other posts in this series: I, II, III, IV, V, VI, VII, VIII

Getting It Almost Right

Philosopher Matt Zwolinski writes:

…Libertarians do not deny the importance of community any more than they deny the importance of moral virtue. What they deny is the necessity or appropriateness of centralized state coercion in bringing about either.

The libertarian vision of a society is one of free and responsible individuals, cooperating on their own terms for purposes of mutual benefit. It is a vision that draws its support from a wide variety of moral and empirical beliefs with deep roots in the public political culture. And it is one that contemporary critics of the market would do well to take much more seriously.

Here’s the rub: Zwolinkski seems to assume that just any old moral beliefs will support a “society … of free and responsible, individuals, cooperating on their own terms for purposes of mutual benefit.” But there are moral beliefs that do not support such a society. Where do we find such beliefs? Right here in the U.S. of A., among many places.

There are whole cultures that foment disrespect for and violence toward others, even fellow adherents of the culture. There are whole cultures that disparage responsibility and tear down those who venture to practice it. And instead of acting to diminish the influence of those cultures, the government of the United States, abetted by its leftist adjuncts, has sheltered them from criticism and, instead, turned against the nominally dominant culture that fosters responsibility, respect, and civility.

A while ago, I listed some criteria for a moral code that supports liberty. The list follows, with comments added in boldface:

1. A code must be socially evolved, not imposed by the state. (Though the state may enforce a moral code that reflects social norms.) Norms in the U.S. have been subverted by state sponsorship of easy divorce, abortion, illegitimacy, and pornography — to name some.

2. A code that fosters beneficent behavior must conform to the Ten Commandments, or to the last six of them, at least. See #1.

3. Those who dissent from the code must be able to voice their dissent; otherwise, the code ceases to be socially evolved…. The voices of dissent have been muffled by campus speech codes and dominant left wing of the media. Dissent is characterized as “extremist” and “loony.” Leading politicians are cheerleaders for the stifling of dissent, and have succeeded in penalizing many who think “wrong” thoughts (“hate” crimes) and too openly express their opposition to state-sponsored social change (prosecutions under the “equal rights” mantra).

4. Those who cannot abide the code must be able to exit society’s jurisdiction, without penalty. See #7.

There is more, if a society is part of a larger polity.

5. That polity is illegitimate if it overrides the otherwise legitimate moral codes of its constituent societies. See #3.

6. That polity is illegitimate if it honors inimical moral codes, either overtly or by making acts of obeisance to them…. See #3.

7. That polity is illegitimate if, in overriding those moral codes, it effectively negates voice and exit. (This has happened in America, where we are hostages in our own land.) See this post for more.

Zwolinski admits that libertarianism, as envisioned by most libertarians, is a hollow shell. What he fails to admit is that the hollow shell can be filled with moral precepts — both evolved and state-imposed — that suppress liberty. One need not look beyond these shores to find such suppression.

*     *     *

Related posts:
Refuting Rousseau and His Progeny
Libertarianism, Marriage, and the True Meaning of Family Values
The Consequences of Roe v. Wade
The Old Eugenics in a New Guise
The Left, Abortion, and Adolescence
Moral Luck
Consider the Children
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
Law, Liberty, and Abortion
Equal Time: The Sequel
Marriage and Children
Abortion and the Slippery Slope
More on Abortion and Crime
Peter Singer’s Agenda
Parenting, Religion, Culture, and Liberty
Singer Said It
A “Person” or a “Life”?
A Wrong-Headed Take on Abortion
Crime, Explained
“Family Values,” Liberty, and the State
Intellectuals and Capitalism
Civil Society and Homosexual “Marriage”
Rawls Meets Bentham
The Left
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
“Intellectuals and Society”: A Review
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
The Left’s Agenda
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
On Self-Ownership and Desert
In Defense of Marriage
The Left and Its Delusions
Burkean Libertarianism
Crimes against Humanity
Abortion and Logic
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
The Myth That Same-Sex “Marriage” Causes No Harm
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Society and the State
Are You in the Bubble?
Legislating Morality
Legislating Morality (II)
Abortion, Doublethink, and Left-Wing Blather
Abortion, “Gay Rights,” and Liberty
Race and Reason: The Achievement Gap — Causes and Implications
Liberty and Society
Tolerance on the Left
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
“Conversing” about Race
Defining Liberty
“We the People” and Big Government
The Culture War

Conservatism as Right-Minarchism

W. Winston Elliott III delivers an apt appreciation of Russell Kirk and conservatism:

[Kirk’s The Conservative Mind] does not supply its readers with a “conservative ideology”: for the conservative abhors all forms of ideology. An abstract rigorous set of political dogmata: that is ideology, a “political religion,” promising the Terrestrial Paradise to the faithful; and ordinarily that paradise is to be taken by storm. Such a priori designs for perfecting human nature and society are anathema to the conservative, who knows them for the tools and the weapons of coffeehouse fanatics.

For the conservative, custom, convention, constitution, and prescription are the sources of a tolerable civil social order. Men not being angels, a terrestrial paradise cannot be contrived by metaphysical enthusiasts; yet an earthly hell can be arranged readily enough by ideologues of one stamp or another. Precisely that has come to pass in a great part of the world, during the twentieth century.

Edward Feser puts it this way:

Tradition, being nothing other than the distillation of centuries of human experience, itself provides the surest guide to determining the most rational course of action. Far from being opposed to reason, reason is inseparable from tradition, and blind without it. The so-called enlightened mind thrusts tradition aside, hoping to find something more solid on which to make its stand, but there is nothing else, no alternative to the hard earth of human experience, and the enlightened thinker soon finds himself in mid-air…. But then, was it ever truly a love of reason that was in the driver’s seat in the first place? Or was it, rather, a hatred of tradition? Might the latter have been the cause of the former, rather than, as the enlightened pose would have it, the other way around?) (“Hayek and Tradition“)

As for conservative governance, I turn to Michael Oakeshott:

To some people, ‘government’ appears as a vast reservoir of power which inspires them to dream of what use might be made of it. They have favourite projects, of various dimensions, which they sincerely believe are for the benefit of mankind, and to capture this source of power, if necessary to increase it, and to use it for imposing their favourite projects upon their fellows is what they understand as the adventure of governing men. They are, thus, disposed to recognize government as an instrument of passion; the art of politics is to inflame and direct desire….

Now, the disposition to be conservative in respect of politics reflects a quite different view of the activity of governing. The man of this disposition understands it to be the business of a government not to inflame passion and give it new objects to feed upon, but to inject into the activities of already too passionate men an ingredient of moderation; to restrain, to deflate, to pacify and to reconcile; not to stoke the fires of desire, but to damp them down….

It is not, then, mere stupid prejudice that disposes a conservative to take this view of the activity of governing; nor are any highfalutin metaphysical beliefs necessary to provoke it or make it intelligible. It is connected merely with the observation that where activity is bent upon enterprise the indispensable counterpart is another order of activity, bent upon restraint, which is unavoidably corrupted (indeed, altogether abrogated) when the power assigned to it is used for advancing favourite projects. An ‘umpire’ who at the same time is one of the players is no umpire; ‘rules’ about which we are not disposed to be conservative are not rules but incitements to disorder; the conjunction of dreaming and ruling generates tyranny.

Political conservatism is, then, not at all unintelligible in a people disposed to be adventurous and enterprising, a people in love with change and apt to rationalise their affections in terms of ‘progress’…. Indeed, a disposition to be conservative in respect of government would seem to be pre-eminently appropriate to men who have something to do and something to think about on their own account, who have a skill to practise or an intellectual fortune to make, to people whose passions do not need to be inflamed, whose desires do not need to be provoked and whose dreams of a better world need no prompting. Such people know the value of a rule which imposes orderliness without irecting enterprise, a rule which concentrates duty so that room is left for delight…. (“On Being Conservative,” Rationalism in Politics and Other Essays, New and Expanded Edition., pp. 431-5)

Now, returning to Kirk, I redact his six “canons” of conservatism to conform to my “canons” of right-minarchism:

(1) Belief that a divine intent rules society as well as conscience…. Political problems, at bottom, are religious and moral problems… (2) Affection for the proliferating variety and mystery of traditional life, as distinguished from the narrowing uniformity and equilitarianism and utilitarian aims of most radical systems. (3) Conviction that civilized society requires orders and classes…. Society longs for leadership…. (4) Persuasion that property and freedom are inseparably connected, and that economic levelling is not economic progress…. (5) Faith in prescription [traditional mores] and distrust of “sophisters and calculators.” Man must put a control upon his will and his appetite…. Tradition and sound prejudice provide checks upon man’s anarchic impulse. (6) Recognition that change and reform are not identical….

Religion isn’t necessary to right-minarchism, though neither is it ruled out. Basic religious precepts (as in the Ten Commandments) form the moral foundation of civil society, which depends not so much on orders and classes as it does on order (as opposed to lawlessness) and respect for the persons and property of others. There is little else on which to differ with Kirk.

Therefore, in my taxonomy of politics, Kirk’s conservatism is located in right-minarchism — which is a distinct branch of libertarianism. Right-minarchism rejects the nihilism and strident anti-religionism which are rampant in strains of libertarianism, namely, anarchism and left-minarchism. Anarchists and left-minarchists believe, foolishly, that liberty is to be found in the rejection of order and social norms. Liberty would be the first victim of the brave new disorder that they wish for.

So, here’s to right-minarchism, the nexus of true conservatism and true libertarianism.

*     *     *

Related posts:
Democracy and Liberty
Parsing Political Philosophy
Is Statism Inevitable?
Inventing “Liberalism”
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Law and Liberty
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
The Near-Victory of Communism
Tocqueville’s Prescience
Accountants of the Soul
“Natural Rights” and Consequentialism
Rawls Meets Bentham
Is Liberty Possible?
The Left
More about Consequentialism
Line-Drawing and Liberty
The Divine Right of the Majority
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Liberty, Equality, Fraternity: Part I
Bounded Liberty: A Thought Experiment
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
Facets of Liberty
Burkean Libertarianism
Rights: Source, Applicability, How Held
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
Why Conservatism Works
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Fighting Modernity
The Barbarians Within and the State of the Union
Defining Liberty

Defining Liberty

When philosophers get together, you can be sure of one thing: A lot of words will be spilled to little or no effect. This proposition is amply demonstrated by a virtual symposium on “The System of Liberty” at The Online Library of Liberty.

Thousands of words leave the reader in search of a useful definition of liberty — any definition of it, for that matter. This is as good as it gets:

[I]n conventional English, the words “liberty” and “freedom” appear to be used to refer to variety of related but not identical things. My view is that “freedom” and “liberty” are not in the first instance philosophical concepts, unlike, say, “epistemic justification” or “social contract.” Instead, these are conventional concepts in natural language, though they are concepts that philosophers appropriately take great interest in. Thus, there is a default presumption that philosophers should yield to common usage when discussing what “liberty” really means….

In closing, I think there are three main questions about liberty:

1. What is it? …

There’s a lot of hooey about Hobbes and Locke, and so on, but it’s all to no avail.

Well, what is liberty? Bereft as I am of indoctrination in the mumbo-jumbo of philosophy, I am especially qualified to tell you. It is a social construct that cannot be defined by a priori philosophizing.

Thus:

liberty — “do what you want, constrained only by the harm to others” — is an empty concept unless it rests on a specific definition of harm. Why? Because harm is not a fixed thing — like the number 1 or your house — it is a vague concept that has meaning only when it refers to specific types of act, which then may be judged as harmful by some and unharmful by others. But until harm is defined and agreed through mutual consent (explicit or implicit), liberty lacks real meaning.

Therefore:

Liberty … is a social construct, without a fixed meaning. Further, harm is not a single thing; it is many things, each of which is socially defined. Each harm refers to a right; the right not to be killed without (specified) cause, for example. The collection of rights (anti-harms) defines the scope of liberty in a particular society. Liberty is therefore divisible, to some extent; that is, a person might enjoy most of his socially agreed rights, but not all of them, because of this action by government or that action by a compatriot or enemy. (It is wrong, however, to assume that one can divide rights between social and economic categories; what is called economic activity is nothing more than a particular aspect of social activity, and the denial of certain economic rights is also a denial of social rights.)

However, when I say that

liberty is a social construct …. is a realistic position, not a morally relativistic one. I am quite prepared to be judgmental of societies and polities. There is a “best” morality. It was widely practiced in Old America [see this]. Though it is still practiced in the remnants of Old America, it is vanishing from the United States, mainly because government has sundered social bonds and usurped the role of  society as the arbiter of morality. The government of the United States and the governments of most of its political subdivisions are illegitimate because their legal impositions are, for the most part, rooted in envy and power-lust — and not in Judeo-Christian morality.

I am in danger of philosophizing, so I’ll leave you with a specific definition of liberty:

peaceful, willing coexistence and its concomitant: beneficially cooperative behavior

To sum up:

The problem with [the usual definitions of liberty] should … be obvious. Those definitions focus on the individual, whereas the relevant definition of liberty is a social one. That is to say, one cannot address social justice and its connection to liberty unless liberty is viewed as a modus vivendi for a group of individuals. There is no such thing as the ability to do as one pleases — the dominant motif of [the usual definitions] — unless

  • one lives in complete isolation from others, or
  • one lives in the company of others who are of identical minds, or
  • one rules others.

The first condition is irrelevant to the matter of social justice. The second is implausible. The third takes the point of view of a dictator, and omits the point of view of his subjects.

If you prefer to read thousands of words, go here:
On Liberty
Rights, Liberty, the Golden Rule, and the Legitimate State
What Is Conservatism?
Law and Liberty
Zones of Liberty
Society and the State
I Want My Country Back
The Golden Rule and the State
Government vs. Community
Evolution, Human Nature, and “Natural Rights”
More about Conservative Governance
The Meaning of Liberty
Evolution and the Golden Rule
Understanding Hayek
The Golden Rule as Beneficial Learning
Facets of Liberty
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Legislating Morality
Legislating Morality (II)
Why Conservatism Works
Reclaiming Liberty throughout the Land
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society