Political Movements & Theories

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

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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.

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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.

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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

Not-So-Random Thoughts (VIII)

This is the eighth in a set of occasional posts that link to and discuss writings on matters that have been treated by this blog. The first of the posts is here; the second, here; the third, here; the fourth, here; the fifth, here; the sixth, here; and the seventh, here.

I begin with a post of mine, “Civil Society and Homosexual ‘Marriage’“:

[A]s sure as the sun sets in the west, the state will begin to apply the equal protection clause of the Fourteenth Amendment in order to protect homosexual “marriage” from its critics. Acting under the rubric of “civil rights” — and  in keeping with the way that anti-discrimination laws have been applied to date — the state will deal harshly with employers, landlords, and clergy who seem to discriminate against homosexual “marriage” and its participants.

And right on schedule:

[T]he New Mexico Supreme Court has found that a photographer who declined to photograph a gay “wedding” was at fault… (Tom Trinko, “New Mexico Takes a Stab at Nullifying the Constitution,” American Thinker, August 25, 2013)

See also my post “Abortion, ‘Gay Rights,” and Liberty.

*****

Keir Maitland nails the pseudo-libertarian mentality:

Libertarians are being torn apart from within. Two groups are responsible for this: the libertines and the liberal bigots. ‘Liberal bigots’ is a phrase that I have stolen from Peter Hitchens and I am using it to describe a group within the libertarian movement who are more concerned about being politically correct than defending anybody’s right to discriminate. By libertines, I mean simply those who view libertarianism as a rebellion against tradition, hierarchy, morality and authority….

The former, the liberal bigots, in my view are often ‘thin libertarians’ of the worst kind: libertarians who believe in the nonaggression axiom and nothing else. These people can only think in terms of libertarian legal theory and, as cultural Marxists, will defend anybody’s way of life, except, oddly enough, a traditionalist and antiegalitarian way of life. The latter, however, are usually ‘thick libertarians’…. Thick libertarians are libertarians who, in addition to being well-versed in libertarian law, think about how a libertarian society would, could and should function. Thick libertarians judge not only whether or not something is legal, but whether it is conducive to libertarian ends. However, sadly, the modal thick libertarian is a libertine: someone who believes that prosperity, happiness and other good ends, for which we all strive, are achieved not through a ‘sensible’ lifestyle but through a relatively reckless one. (“Libertines and Liberal Bigots,” Libertarian Alliance Blog, August 22, 2013)

Maitland’s assessment harmonizes with my own, which I’ve expressed in several posts, including “Defending Liberty against (Pseudo) Libertarians“:

(Pseudo) libertarians like to demonstrate their bogus commitment to liberty by proclaiming loudly their support for unfettered immigration, unfettered speech, unfettered abortion, unfettered same-sex coupling (and legal recognition thereof as “marriage’), and unfettered you-name-it.. In the minds of these moral relativists, liberty is a dream world where anything goes — anything of which they approve, that is….

Another staple of (pseudo) libertarian thought is a slavish devotion to privacy — when that devotion supports a (pseudo) libertarian position. Economists like Caplan and Boudreaux are cagy about abortion. But other (pseudo) libertarians are less so; for example:

I got into a long conversation yesterday with a [Ron] Paul supporter who took me to task for my criticisms of Paul’s positions. For one thing, he insisted, Paul’s position on abortion wasn’t as bad as I made it out, because Paul just thinks abortion is a matter for the states. I pointed out that in my book, saying that states can violate the rights of women [emphasis added] is no more libertarian than saying that the federal government can violate the rights of women.

Whence the “right” to abort an unborn child? Here, according to the same writer:

I do believe that abortion is a liberty protected by the Fourteenth Amendment….

This train of “logic” is in accord with the U.S. Supreme Court’s manufactured “right” to an abortion under the Fourteenth (or was it the Ninth?) Amendment, which I have discussed in various places, including here. All in the name of “privacy.”…

It is no wonder that many (pseudo) libertarians like to call themselves liberaltarians. It is hard to distinguish (pseudo) libertarians from “liberals,” given their shared penchant for decrying and destroying freedom of association and evolved social norms. It is these which underlie the conditions of mutual respect, mutual trust, and forbearance that enable human beings to coexist peacefully and cooperatively. That is to say, in liberty.

*****

A recent foray into constitutional issues unearthed this commentary about the opinion delivered by Chief Justice Roberts in the case of Obamacare:

Oh, how far we’ve deviated from our Founders in just over 200 years.

The entire country is pouring over an incoherent, internally contradictory, ill-conceived and politically motivated decision by Chief Justice Roberts, which grants Congress the power to regulate anything that moves and the power to tax anything that moves and anything that doesn’t move….

If we take the reasoning of Roberts to its logical conclusion, Congress would be able to coerce individuals to buy broccoli once a week, so long as they levy a tax on those who fail to comply with the law.  Putting aside the facial absurdity of Roberts’s tax power jurisprudence, his opinion on the Commerce Clause is nothing to cheer.  While Roberts clearly stated that the Commerce Clause does not grant the federal government the right to regulate inactivity (although it can evidently tax inactivity), he obliquely upheld their authority to regulate any activity under that misconstrued clause.

Amidst the garrulous analysis from the conservative pundit class on the Roberts decision, there is a one-page dissent from Justice Thomas (in addition to his joint dissent with the other 3 conservatives) that has been overlooked….

Take a look at this paragraph from Thomas’s dissent (last two-pages of pdf):

I dissent for the reasons stated in our joint opinion, but I write separately to say a word about the Commerce Clause. The joint dissent and THE CHIEF JUSTICE cor­rectly apply our precedents to conclude that the Individual Mandate is beyond the power granted to Congress under the Commerce Clause and the Necessary and Proper Clause. Under those precedents, Congress may regulate“economic activity [that] substantially affects interstate commerce.” United States v. Lopez, 514 U. S. 549, 560 (1995). I adhere to my view that “the very notion of a ‘substantial effects’ test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases.” United States v. Morrison, 529 U. S. 598, 627 (2000) (THOMAS, J., concurring); see also Lopez, supra, at 584–602 (THOMAS, J., concurring); Gonzales v. Raich, 545

….

Justice Thomas is hearkening back to the Founders.  Not only is every word of Obamacare unconstitutional and an anathema to every tenet of our founding, most of the other programs created in recent years are as well.  The fact that Roberts said the Commerce Clause and the Necessary and Proper Clause don’t apply to inactivity is not a victory for constitutional conservatives.  The implicit notion that the federal government can regulate any activity is appalling to conservatives.

Here’s what James Madison had to say about the Commerce Clause in a letter to Joseph C. Cabell in 1829:

For a like reason, I made no reference to the “power to regulate commerce among the several States.” I always foresaw that difficulties might be started in relation to that power which could not be fully explained without recurring to views of it, which, however just, might give birth to specious though unsound objections. Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.

….

The reality is that not only is Obamacare unconstitutional, almost every discretionary department, welfare program, and entitlement program is unconstitutional…. (Daniel Horowitz, “Thomas Dissents: It’s All Unconstitutional,” RedState (Member Diary), June 29, 2012)

On the general issue of the subversion of constitutional limits on governmental power, see “The Constitution: Original Meaning, Corruption, and Restoration.” Specifically related to Obamacare and the individual mandate: “The Unconstitutionality of the Individual Mandate,” “Does the Power to Tax Give Congress Unlimited Power?,” “Does Congress Have the Power to Regulate Inactivity?,” and “Obamacare: Neither Necessary nor Proper.”

*****

Also from RedState, a story that reads in part:

Sadly, we have deviated from our constitutional form of government over the past century.  That’s why Mark Levin has written The Liberty Amendments, a set of proposed constitutional amendments that will unambiguously downsize the federal government by targeting specific loopholes that have allowed the statists to adulterate our Constitution.  Far from this being a radically new vision, Levin proves – through founding documents and floor debates at the Constitutional Congress – how his ideas are in line with what the Founders envisioned in our Federal government.  It’s just that after years of deviating from the Constitution, it has become clear that we need very specific limitations on federal abuses – abuses that have gone far beyond the imagination of our Founders – in order to restore the Republic. (Daniel Horowitz, “Mark Levin’s Liberty Amendments,” Red State (Member Diary), August 13, 2013)

The story includes a good summary of Levin’s amendments. Recommended reading.

A New, New Constitution” covers the same ground, and more. It’s long, but it closes a lot of loopholes that have been opened by legislative, executive, and judicial action.

*****

I turn, finally, to a pair of items by James Pethokoukis with self-explanatory titles: “The Great Stagnation: JP Morgan Declares US Potential GDP Growth Just Half of What It Used to Be” (AEIdeas, August 12, 2013) and “Why Wall Street Thinks the Future Isn’t What It Used to Be” (AEIdeas, August 13, 2013). Read those pieces, and then go to “The Stagnation Thesis” (and follow the links therein) and “Why Are Interest Rates So Low?” (which is replete with more links). The latter post concludes with this:

As long as business remains (rightly) pessimistic about the twin burdens of debt and regulation, the economy will sink deeper into stagnation. The only way to overcome that pessimism is to scale back “entitlements” and regulations, and to do so promptly and drastically.

In sum, the present focus on — and debate about — conventional macroeconomic “fixes” (fiscal vs. monetary policy) is entirely misguided. Today’s economists and policy-makers should consult Hayek, not Keynes or Friedman or their intellectual descendants. If economists and policy-makers would would read and heed Hayek — the Hayek of 1944 onward, in particular –  they would understand that our present and future economic morass is entirely political in origin: Failed government policies have led to more failed government policies, which have shackled both the economy and the people.

Economic and political freedoms are indivisible. It will take the repeal of the regulatory-welfare state to restore prosperity and liberty to the land.

Amen.

As for how the regulatory-welfare state might be repealed, read “Restoring Constitutional Government: The Way Ahead.

The Fallacy of the Reverse-Mussolini Fallacy

UPDATED BELOW

Ilya Somin describes it and gives an example:

People fall prey to the Reverse Mussolini Fallacy any time they make an argument to the effect that “bad people believe X, therefore X must be wrong.” The flaw in this reasoning is that bad people can still be right about some things. In the abstract, almost everyone recognizes that. But many still fall prey to the Reverse Mussolini Fallacy in practice, even if they understand its flaws in theory.

Unfortunately, the Reverse Mussolini Fallacy often crops up in conservative and libertarian reactions to PC excesses on the left. I suspect it’s an additional reason for the sympathy that some libertarians and conservatives display towards the Confederacy, especially if they do so out of ignorance. It’s easy for such people to decide that if PC leftists hate the Confederacy, that must mean that the Confederacy was actually a good thing.

It’s not that simple.

PC leftists hate the Confederacy not only because of slavery (a hatred shared by anyone entitled to call himself a libertarian or conservative), but also because the Confederacy stands for hatred of an unconstitutionally powerful central government.

It is the idea of secession from such a government that rightly attracts many libertarians and conservatives. And it is that idea which rightly leads those libertarians and conservatives to detest PC leftists, whose anti-Confederacy stance is really a cynical defense of statism.

UPDATE:

Somin, in an addendum to his post, says that my response, which he quotes in full, “exemplifies the very fallacy the post [his post] criticizes.” He continues:

Even if PC leftists have dubious motives for hating the Confederacy, that does not prove that the hatred is unjustified or that the Confederacy is somehow good. Moreover, as I discuss here, the Confederates did not in fact oppose having “an unconstitutionally powerful central government.” They had not problem with constitutionally dubious federal power so long as that power was used to bolster slavery, as in the case of the Fugitive Slave Act. And they also didn’t have a principled commitment to state autonomy, as witness their efforts to coerce Kentucky and Missouri into joining the Confederacy, despite the fact that the majority of the population (including even the white population) in those states wanted to stay in the Union. Finally, as I have emphasized on several occasions (e.g. here), Confederate secession can only be considered a “rightful” exercise of popular sovereignty if you completely discount the views of the black population of the seceding states. If you count them as part of the people whose consent was required for secession, then it becomes clear that secession from the Union did not have majority support in any state in the South.

There is no doubt that some libertarians and conservatives are guilty of a reverse-Mussolini fallacy, as described by Somin. But he seems to have missed my main point, probably because I didn’t make it clearly enough.

I certainly said nothing to indicate that “the Confederacy is somehow good.” What I said was that “the Confederacy stands for hatred of an unconstitutionally powerful central government.” I should have made it clear that the Confederacy stands for (symbolizes) hatred of an unconstitutionally powerful central government because it represents a course of action (secession) with which many libertarians and conservatives sympathize, given the unconstitutional power wielded by today’s central government. I did not mean to say — and did not say — that the Confederacy itself stood for hatred of an unconstitutionally powerful central government.

Nor did I say — or mean to say — that the hatred of PC leftists for the Confederacy is unjustified, to the extent that it is legitimate. But it is a facile hatred, on a par with hating Hitler and Stalin. I give little credence to facile hatred when it is directed at a symbol of resistance to the very kind of government that PC leftists admire.

Further, it seems to me that PC leftists deliberately commit a logical fallacy when they make the following claim (as many of them do): Libertarians and conservatives want a government that is as limited in its power as, say, the government of the late 1800s; therefore, those libertarians and conservatives want to revert to the racial and sexual oppression that was rampant in that era.

Logical fallacies abound. But I didn’t commit one in my original post.

UPDATE 2:

To make explicit a point that is implicit in what I’ve said, admiration for what the Confederacy symbolizes — becoming free of an unconstitutionally powerful central government — is animated by hatred of that government. I very much doubt that admiration for what the Confederacy symbolizes has anything to do with the views of PC leftists.

As for my own view of the Confederacy:

1. I believe that secession was (and is) legal (see this, for example). But that doesn’t absolve the Confederacy of its sins …

2. The defeat of the Confederacy was salutary because it meant the end of slavery in the United States.

If some libertarians and conservatives actually admire the Confederacy, I am confident that they are in the vast minority among libertarians and conservatives. (I dismiss pro-Confederacy-Stars-and-Bars-waving yahoos, who no more deserve to be called “conservative” than today’s leftists deserve to be called “liberal.”)

UPDATE 3:

I should add that when it comes to secession, Somin and I seem to agree about the importance of separating legality (which is one issue) from cause (which is a separate ssue). (See the first section of this post.) Further, on the whole, I have bee favorably impressed by Somin’s writings at The Volokh Conspiracy. (See also this, this, and this.)

Defending Liberty against (Pseudo) Libertarians

(Pseudo) libertarians like to demonstrate their bogus commitment to liberty by proclaiming loudly their support for unfettered immigration, unfettered speech, unfettered abortion, unfettered same-sex coupling (and legal recognition thereof as “marriage’), and unfettered you-name-it.. In the minds of these moral relativists, liberty is a dream world where anything goes — anything of which they approve, that is.

The aim of today’s sermon is to embellish what I’ve said previously in many of the posts listed at the bottom of this one on the subject of (pseudo) libertarians and (pseudo) libertarianism. I begin with Bryan Caplan.

My disdain for Caplan’s (pseudo) libertarian, pacifistic, one-worldishness is amply documented: here, here, here, here, here, and here (second item). Caplan has been at it again, in recent posts about immigration (as in opening the floodgates thereto).

Consider this post, for example, where Caplan tries (in vain) to employ Swiftian hyperbole in defense of unfettered immigration. In the following block quotation, each of Caplan’s “witty” proposals is followed by my observations (in brackets and bold type):

Libertarians’ odd openness to using immigration restrictions to protect American freedom has me thinking.  There are many statist policies that could indirectly lead to more libertarian policy.  If you’re open to one, you should logically be open to all.

Here are just a few candidates:

1. Make public schools teach libertarianism.  Sure, public education should be abolished.  But as long as public education exists, wouldn’t it be better if the schools taught children about the value of freedom and the wonder of markets?

[Well, yes, our course it would. But public schools don't do that -- and won't do that -- because they were long ago taken over by leftist "educators." Next stupid idea...]

2. Discourage fertility of less libertarian groups.  If you really think that Muslims or Hispanics are unusually statist, their high birth rates should worry you.  Indeed, any birth rate above zero should worry you.  A moderate step would be to offer members of these groups extra subsidies for birth control.  From there, it’s just a hop, skip, and a jump to subsidized sterilization, tax penalties, or a selective One Child Policy.

[But why allow the immigration of statist-leaning groups in the first place? In fact, it would be a good idea to encourage them -- and others -- to leave. If the encouragement were financial, it would be a good investment.]

3. Censor statist ideas.  Sure, Paul Krugman has a right to free speech.  But the rest of us have a right to not be ruled by people swayed by Krugman.  It’s childish to deny the trade-off, no?

[It is childish to deny the trade-off. That's why idiots like Caplan deny it. They believe that theft is wrong, but they don't believe in preventing (or reducing) the amount of theft committed by government because statist ideas have been and are allowed to flourish. See below for more on this point.]

4. Subsidize vacations for less libertarian groups on election day.  Suppose the government gave members of unlibertarian groups free trips to Cancun that conveniently coincided with election day.  While some of the eligible would file an absentee ballot, there is little doubt that this would heavily depress turnout.  So why not?

[Better yet -- and far less expensive -- establish meaningful eligibility standards for voting; for example, being at least 30 years of age, owning one's home, and being able to read and write at the 12th-grade level. This might empower more "liberals" than conservatives, give the tendency of educated persons to adhere to statism. But their power would be constrained by the sensible prohibition of speech that advocates theft in the name of the state.]

The first link in the block quotation is to an earlier post by Caplan, in which, for practical purposes, he joins with Don Boudreaux in proclaiming (psuedo) libertarian absolutism on such other matters as freedom of speech. As Boudreaux puts it,

Freedom may well destroy itself.  That’s a risk I’m willing to take, especially if the proposed means of saving freedom is to restrict it.

This reminds me of “it was necessary to destroy the village in order to save it.” It’s a position that defies logic; thus:

  1. Freedom is not merely literal freedom from captivity; it is the enjoyment of that freedom through the peaceful pursuit of happiness. (Freedom, as a general condition, is possible only if everyone’s pursuit of happiness is peaceful with respect to other persons and their property.)
  2. It is wrong to deny any person his freedom, regardless of his demonstrated enmity toward freedom as defined in 1. (This is Boudreaux’s stated position, which — taken literally — precludes the imprisonment of convicted murderers, rapists, thieves, and others whose acts deny to others the peaceful pursuit of happiness.)
  3. Freedom, therefore, consists only of literal freedom. (This conclusion, which contradicts the full definition of freedom given in 1, is the logical consequence of Boudreaux’s position. And yet, Boudreaux would be the last person to accept this limited definition of freedom.)

It doesn’t matter whether the person whose demonstrated hostility toward freedom (properly defined) is a thief or a socialist. One is the same as the other when it comes to the defense of freedom (properly defined). Boudreaux and his ilk would be consistent (though wrong) if they were to say that thieves shouldn’t be imprisoned, but I doubt that they would say such a thing because they are staunch defenders of property rights. Why then, do they defend the right of statists to spread the gospel of government control over our lives and livelihoods, which is nothing but government-sponsored theft and demonstrably more damaging than garden-variety theft?

As I say at the end of this post,

Liberty is lost when the law allows “freedom of speech, and of the press” to undermine the civil and state institutions that enable liberty.

There is a very good case for the view that the First Amendment sought to protect only those liberties necessary for the preservation of republican government. The present statist regime is a long way from the kind of republican government envisioned by the Framers.

Another staple of (pseudo) libertarian thought is a slavish devotion to privacy — when that devotion supports a (pseudo) libertarian position. Economists like Caplan and Boudreaux are cagy about abortion. But other (pseudo) libertarians are less so; for example:

I got into a long conversation yesterday with a [Ron] Paul supporter who took me to task for my criticisms of Paul’s positions. For one thing, he insisted, Paul’s position on abortion wasn’t as bad as I made it out, because Paul just thinks abortion is a matter for the states. I pointed out that in my book, saying that states can violate the rights of women [emphasis added] is no more libertarian than saying that the federal government can violate the rights of women.

Whence the “right” to abort an unborn child? Here, according to the same writer:

I do believe that abortion is a liberty protected by the Fourteenth Amendment….

This train of “logic” is in accord with the U.S. Supreme Court’s manufactured “right” to an abortion under the Fourteenth (or was it the Ninth?) Amendment, which I have discussed in various places, including here. All in the name of “privacy.”

Here, again, we see devotion to a value for its own sake, regardless of the implications for liberty. As I say here,

if privacy were an absolute right, it would be possible to get away with murder in one’s home simply by committing murder there. In fact, if there are any absolute rights, privacy certainly isn’t one of them.

(Psuedo) libertarians choose not to characterize abortion as murder. They prefer to think of it as a form of control over one’s own body. But an unborn child is not “one’s own body” — it is its own body, created (in the overwhelming majority of cases) by consensual sex between the mother and a male person. Abortion is nothing more than a murderous flight from personal responsibility, which is a trait highly praised (in the abstract) by (pseudo) libertarians. And it is a long step down a very slippery eugenic slope.

It is no wonder that many (pseudo) libertarians like to call themselves liberaltarians. It is hard to distinguish (pseudo) libertarians from “liberals,” given their shared penchant for decrying and destroying freedom of association and evolved social norms. It is these which underlie the conditions of mutual respect, mutual trust, and forbearance that enable human beings to coexist peacefully and cooperatively. That is to say, in liberty.

Related posts:
Law, Liberty, and Abortion
Abortion and the Slippery Slope
Privacy: Variations on the Theme of Liberty
An Immigration Roundup
Illogic from the Pro-Immigration Camp
On Liberty
Illegal Immigration: A Note to Libertarian Purists
Inside-Outside
A Moralist’s Moral Blindness
Pseudo-Libertarian Sophistry vs. True Libertarianism
The Folly of Pacifism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
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
On Self-Ownership and Desert
In Defense of Marriage
Understanding Hayek
Rethinking the Constitution: Freedom of Speech and of the Press
The Golden Rule as Beneficial Learning
Why I Am Not an Extreme Libertarian
Facets of Liberty
Burkean Libertarianism
Rights: Source, Applicability, How Held
The Folly of Pacifism, Again
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
Privacy Is Not Sacred
A Declaration and Defense of My Prejudices about Governance
The Libertarian-Conservative Fusion Is Alive and Well
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
What Is Bleeding-Heart Libertarianism?
Prohibition, Abortion, and “Progressivism”
Liberty, Negative Rights, and Bleeding Hearts
Cato, the Kochs, and a Fluke
Conservatives vs. “Liberals”
Not-So-Random Thoughts (II)
Why Conservatism Works
The Pool of Liberty and “Me” Libertarianism
Bleeding-Heart Libertarians = Left-Statists
Enough with the Bleeding Hearts, Already
Not Guilty of Libertarian Purism
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?

Restoring Constitutional Government: The Way Ahead

Despite the narrowness of Barack Obama’s victory last November, there is much cause for despair by the remnant of liberty-loving Americans. Given the broad and bipartisan dependency of Americans on the welfare state, the overthrow of that state by an electoral revolution seems unlikely.

The entrenchment of the welfare state also means the entrenchment of the regulatory state. The two go hand-in-hand; both are born of economic illiteracy by way of power-lust. To put it another way, both are tools of “scientific” governance, which has no place for liberty, which is voluntary — and mutually beneficial — social and economic intercourse.

With that preamble in mind, let us consider the options (not all of which are mutually exclusive):

1. Business as usual — This will lead to more and more government control of our lives and livelihoods, that is, to less and less freedom and prosperity (except for our technocratic masters, of course).

2. Rear-guard action — This option is exemplified by the refusal of some States to expand Medicaid and to establish insurance exchanges under the Affordable Care Act. This bit of foot-dragging doesn’t cure the underlying problem, which is accretion of illegitimate power by the central government. Further, it can be undone by fickle voters and fickle legislatures, as they succumb to the siren-call of “free” federal funds.

3. Geographic sorting — The tendency of “Blue” States to become “bluer” and “Red” States to become “redder” suggests that Americans are sorting themselves along ideological lines. As with rear-guard action, however, this tendency — natural and laudable as it is — doesn’t cure the underlying problem: the accretion of illegitimate power by the central government. Lives and livelihoods in every State, “Red” as well as “Blue,” are controlled by the edicts of the legislative, executive, and judicial branches of the central government. There is little room for State and local discretion. Moreover, much of the population shift toward “Red” must be understood as opportunistic (e.g., warmer climates, right-to-work laws) and not as an endorsement of “Red” politics. (There is a refinement of this option that I call “Zones of Liberty,” which also holds limited promise. Another variation, the Free State Project, is similarly unpromising.)

4. Civil disobedience — Certainly called for, but see option 5.

5. Underground society and economy — Think “EPA-DOL-FBI-IRS-NSA,” and then dismiss this as a serious option for most Americans.

6. A negotiated partition of the country — An unlikely option (discussed in this post and in some of the posted linked to therein) because “Blue” will not countenance the loss of control over millions of lives and livelihoods.

7. Secession — This is legal and desirable — as long as the New Republic of free states is truly free — but (a) it is likely to be met with force and therefore (b) unlikely to attract a critical mass of States.

8. Coup — Suggested several years ago by Thomas Sowell:

When I see the worsening degeneracy in our politicians, our media, our educators, and our intelligentsia, I can’t help wondering if the day may yet come when the only thing that can save this country is a military coup.

Military personnel (careerists, in particular) are disciplined, have direct access to the tools of power, and many of them are trained in clandestine operations. Therefore, a cadre of properly motivated careerists might possess the wherewithal necessary to seize power. But a plot to undertake a coup is easily betrayed. (Among other things, significant numbers of high-ranking officers are shills for the regulatory-welfare state.) And a coup, if successful, might deliver us from a relatively benign despotism into a decidedly malign despotism. But given the nation’s present trajectory, a coup is our best bet for the restoration of liberty and prosperity under a government that is true to the Constitution.

Related reading:
Mark Thiessen, “The People Have Spoken … and They Must Be Punished,” AEIdeas, November 7, 2012
Jeffrey Lord, “Twinkicide: Death by Liberalism,” The American Spectator, November 20, 2012
Bill Vallicella, “A Case for Voluntary Segregation,” Maverick Philosopher, November 20, 2012
Patrick J. Buchanan, “Stirrings of Secession,” Taki’s Magazine, November 30, 2012
Gary Genelin, “On Secession: An Analysis of Texas v. White,” American Thinker, January 10, 2013

Related posts (listed chronologically):
How to Think about Secession
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Secession
The Interest-Group Paradox
Is Statism Inevitable?
Utilitarianism vs. Liberty
Fascism and the Future of America
Secession Redux
Negative Rights, Social Norms, and the Constitution
A New Cold War or Secession?
Rights, Liberty, the Golden Rule, and the Legitimate State
The Real Constitution and Civil Disobedience
The Census of 2010: Bring It On
The Near-Victory of Communism
A Declaration of Independence
Tocqueville’s Prescience
First Principles
The Shape of Things to Come
The Real Burden of Government
Zones of Liberty
The Constitution: Original Meaning, Corruption, and Restoration
A Conversation with Uncle Sam
The Illusion of Prosperity and Stability
Estimating the Rahn Curve: Or, How Government Inhibits Economic Growth
The Deficit Commission’s Deficit of Understanding
The Bowles-Simpson Report
The Unconstitutionality of the Individual Mandate
The Bowles-Simpson Band-Aid
Does the Power to Tax Give Congress Unlimited Power?
Does Congress Have the Power to Regulate Inactivity?
Re-Forming the United States
The Southern Secession Reconsidered
A Declaration of Civil Disobedience
The Repealer
Estimating the Rahn Curve: A Sequel
Constitutional Confusion
Reclaiming Liberty throughout the Land
More Evidence for the Rahn Curve
Secession, Anyone?
Obamacare, Slopes, Ratchets, and the Death-Spiral of Liberty
Another Thought or Two about the Obamacare Decision
Obamacare and Zones of Liberty
Keynesianism: Upside-Down Economics in the Collectivist Cause
Secession for All Seasons
A New Constitution for a New Republic
A Zone of Liberty in the Making?
The Price of Government, Once More
America: Past, Present, and Future

Socialist Romanticism

Jean-Jacques Rousseau:

If then we discard from the social compact what is not of its essence, we shall find that it reduces itself to the following terms—

“Each of us puts his person and all his power in common under the supreme direction of the general will, and, in our corporate capacity, we receive each member as an indivisible part of the whole.”

Barack Obama, echoing Jean-Jacques Rousseau (and his progeny, from Marx to Castro):

Together, we determined that a modern economy requires railroads and highways to speed travel and commerce, schools and colleges to train our workers.

Together, we discovered that a free market only thrives when there are rules to ensure competition and fair play.

Together, we resolved that a great nation must care for the vulnerable, and protect its people from life’s worst hazards and misfortune.

Max Eastman, deflating Rousseauvian-Obamian romanticism:

A false and undeliberated conception of what man is lies at the bottom … of the whole bubble-castle of socialist theory. Although few seem to realize it, Marxism rests on the romantic notion of Rousseau that nature endows men with the qualities necessary to be a free, equal, fraternal, family-like living together…. (Quoted in The Great Quotations, p. 876.)

State-imposed “togetherness” is a kind of imprisonment in which the inmates suffer the illusion of freedom.

Anti-Americanism

As I say in “Americanism … from the Left,”

the left holds an unbounded view of Americanism: Everyone who wants to be an American, and to enjoy the privileges attaching thereto, should be considered one. How else could leftists — the enemies of the Constitution, the common defense, justice, and private property — claim to be my fellow citizens?

What a laughable claim. Leftists are no more American than their heroes, from Stalin and Mao to Castro and Chavez.

Now comes Olen Steinhauer, a novelist who is associated with Austin, Texas — a.k.a., the San Francisco of Texas — to affirm my observation. In a review of John le Carré’s latest outpouring, A Delicate Truth, Steinhauer writes about a character whose

appearance among the sophisticates of the Foreign Ministry is like a slap in the face, and while she’s ushered offstage quickly, you’d be forgiven for seeing in her caricature evidence of the accusation leveled at le Carré regularly these days: anti-Americanism.

Having lived in Europe for the last decade, I’m particular about how to use that label. To me, “anti-American” means just that: to be contemptuous of Americans, one and all. I’ve met those people. Blinded by their ignorance, they’re to be scorned. But then there is John le Carré, whose January 2003 argument against the Iraq war, printed in The Times of London, was called “The United States of America Has Gone Mad.” He made his ire plain: he was against the foreign policy of an American administration he despised. If this is what qualifies him, then half of our own population is anti-American.

This passage reveals Steinhauer as a sophist of the first order. Anyone who has read very much of le Carré’s oeuvre (as I have) knows that there is much more to his anti-Americanism than his dislike of a particular administration’s foreign policy. Anyone who knows American politics (as I do) knows that much of the opposition to G.W. Bush’s foreign policy was reflexive opposition to a president who was perceived as a defender of traditional American values. To be blunt about it, Bush’s greatest sin (in the left’s view of things) was to attack America’s enemies instead of “understanding” them and “respecting” their (twisted) values.

Based on the evidence of the last presidential election, it is not unreasonable to say that half of our own population is anti-American.

A Zone of Liberty in the Making?

I am breaking my silence — for the moment, at least — because I see a faint ray of hope for liberty. The source is not electoral politics, which has become liberty’s burial ground.

The source is an initiative that seems to be modeled on a proposal that I made almost almost seven years ago, in this post. There, I proposed an arrangement that I call the “zone of liberty.” What is it? As I explain here, it

would be something like a “new city” — with a big difference. Uninhabited land would be acquired by a wealthy lover (or lovers) of liberty, who would establish a development authority for the sole purpose of selling the land in the zone. The zone would be populated initially by immigrants from other parts of the United States. The immigrants would buy parcels of land from the development authority, and on those parcels they could build homes or businesses of their choosing. Buyers of parcels would be allowed to attach perpetual covenants to the parcels they acquire, and to subdivide their parcels with (or without) the covenants attached. All homes and businesses would have to be owned by residents of the zone, in order to ensure a close connection between property interests and governance of the zone.

Infrastructure would be provided by competing vendors of energy, telecommunications, and transportation services (including roads and their appurtenances). Rights-of-way would be created through negotiations between vendors and property owners. All other goods and services — including education and medical care — would be provided by competing vendors. No vendor, whether or not a resident of the zone, would be subject to any regulation, save the threat of civil suits and prosecution for criminal acts (e.g., fraud). Any homeowner or business owner could import or export any article or service from or to any place, including another country; there would be no import controls, duties, or tariffs on imported or exported goods and services.

The zone’s government would comprise an elected council, a police force, and a court (all paid for by assessments based on the last sale price of each parcel in the zone). The police force would be empowered to keep the peace among the residents of the zone, and to protect the residents from outsiders, who would be allowed to enter the zone only with the specific consent of resident homeowners or business owners. Breaches of the peace (including criminal acts) would be defined by the development of a common law through the court. The elected council (whose members would serve single, four-year terms) would oversee the police force and court, and would impose the assessments necessary to defray the costs of government. The council would have no other powers, and it would be able to exercise its limited powers only by agreement among three-fourths of the members of the council. The members, who would not be salaried, would annually submit a proposed budget to the electorate, which would have to approve the budget by a three-fourths majority. The electorate would consist of every resident who is an owner or joint owner of a residence or business (not undeveloped land), and who has attained the age of 30.

A zone of liberty would not be bound by the laws (statutory and otherwise) of the United States, the individual States, or any of political subdivision of a State. (The federal government could impose a per-capita tax on residents of the zone, in order to defray the zone’s per-capita share of the national budget for defense and foreign affairs.) The actions of the zone’s government would be reviewable only by the U.S. Supreme Court, and then only following the passage of a bill of particulars by two-thirds of each house of Congress, and with  the concurrence the president. (A zone could be abolished only with the approval of four-fifths of each house of Congress, and with the concurrence of the president.)

Now comes a proposal for the establishment of the Commonwealth of Belle Isle, which seems to be modeled on my zone of liberty. The following explanatory material is from the FAQ page for the Commonwealth:

Where is Belle Isle?

Belle Isle is a 982 acre island located in the Detroit River, which separates the cities of Detroit, Michigan and Windsor, Ontario.

What is Belle Isle used for currently?

It is owned by the City of Detroit.  It is uninhabited and functions as a public park.

What happens to Belle Isle … ?

Belle Isle is sold by the City of Detroit to a group of investors for $1 billion.  The island is then developed into a city-state of 35,000 people, with its own laws and customs, under United States supervision as a Commonwealth.  Set 29 years into the future, the book is a fictional, although the main characters are based on real people.

Is it possible to put 35,000 people on Belle Isle?

Yes.  The city-state of Monaco has 33,000 people on land half the size of Belle Isle.

What are expected to be the primary industries of Belle Isle?

The primary industries are expected to be finance, insurance and investments.  As land is very limited, no large plants will be built on Belle Isle.  However, it is highly likely plants will be built across the Detroit River in Detroit, with the engineering and management functions on Belle Isle.  Companies from all over the world will locate on Belle Isle, bringing massive amounts of capital and GDP to the area.  Detroit, the State of Michigan and the U.S. will benefit from this influx of capital and ongoing GDP growth.

How will someone become a citizen of Belle Isle?

There will be an application process which will be reviewed by a citizenship board.  Applicants will have to post a citizenship fee, which will probably be in the $300,000 range, plus have a working command of English.  The citizenship fees will repay the investors who funded the purchase of the island from the City of Detroit, plus built the infrastructure such as sewer, water, paving, electric and gas utilities and the monorail.

Will the citizenship fee pay for the purchase of any land for homes or businesses on Belle Isle?

No- that will be an additional cost.

What are the main principles of the Belle Isle society?

There are three:

1)      Government is limited in its scope and provides only services required for the benefit of all citizens.  This is the fundamental enabler of low taxation, itself a key factor in competitiveness.  Competitiveness in turn drives the economy, providing both job and wage growth.  Also, the government is highly transparent and overseen by an active “Anti-Corruption Group”, which employs strict measures to prevent, as opposed to catch after the fact, corruption.  The government operates at or below 10% of GDP, by constitutional dictate.  The social safety net is operated by charities, which are highly encouraged and supported by the government.

2)       Belle Isle has exceptional aesthetics.  It is a walking community without motor vehicles, except service vehicles in the middle of the night.  A monorail provides the primary transportation, both around the island and to the Transportation Center located on the Detroit side of the river.  The buildings conform to high architectural standards, overseen by a talented planning director, who is advised by the best architects and planners from around the world.

3)      One of the core values is respect for all its citizens, no matter their station in life.  Belle Isle doesn’t encourage anything which might cause divisiveness or envy among its citizens, by segmenting people into groups.  The culture is one of bringing people together, not dividing them.  Also, a command of English is required to be an immigrant, as a common language fosters common understandings.  Probably the most important personal value we like to see is that of “Self-Reliance.”  It is so important to individual freedom and a sense of worth, and is the key to limited government (55% of U. S. government spending is for entitlements).  It was one of the key principles on which America was based and has gradually been forgotten over the years.

What is the tax system of Belle Isle?

Taxes have to conform to three basic principles.  They need to be transparent, never levied on what is encouraged, and the costs of collection low.  Importantly, there are no income taxes on individuals or companies, and no taxes on interest, dividends, capital gains or estates.

There are three sources of revenue.  The first is user fees, which apply primarily to the monorail.  A 10% sales tax provides a second source.  Importantly, sales taxes encourage thrift and are collected outside the cost structure of the products. Real estate taxes provide the third, but the system is radically different than that employed in the U.S.  Only the raw land value is taxed, not what the owner builds on it.  This follows the principle of government only receiving compensation for what it provides.  Government didn’t pay to construct buildings on the owner’s land, nor does it bear the risk of loss.  We encourage development of property, not discourage it.

The goal, which is very achievable, is to have total tax expense limited to 10% of GDP of Belle Isle, compared to the 40% of GDP government expense in America.

Do Belle Isle citizens pay taxes to the United States?

Yes.  As a Commonwealth of the United States, Belle Isle relies upon the United States for its defense.  Belle Isle pays its share of the U.S. defense budget, based on its population.  It amounts to about $2,000 per person per year.

How does Belle Isle achieve a spending level of only 10% of GDP?

Belle Isle achieves 10% in substantial measure because people here are able to take care of themselves throughout their lives.  That’s where self-reliance begins.  Self-reliance will be possible as a result of the  abundance of jobs and strong wages arising from Belle Isle’s economic advantages.  The question Washington should ask every morning is “what can we do to permit our people to become more competitive?”  Small government, , low levels of taxation and taxing the right things, and competitive levels of regulation are where the conversation should start.  This is the question we asked when we envisioned Belle Isle with high levels of efficiency and a minimal governmental burden on her people.

There is much more that I will not reproduce here. But I must include this:

What are the chances this vision could become reality?

That is the $64 dollar question!  The hurdle is entirely political.  Will the U.S. allow this experiment to happen?  There are other commonwealths of the United States- namely Northern Marianas and Puerto Rico, so there is existing precedent.  The compelling political argument in favor of letting this happen is the benefit of Belle Isle being a game-changer for Detroit, which many will argue is the city in the U.S. most in need of a turnaround.  The influx of capital and jobs will be staggering.  The author [of the book on which the Commonwealth is based] estimates 200,000 job years will be created in the construction phase alone…. The author has no doubt, if allowed, it will happen as the book describes.  And once the discussion turns to the feasibility of the ideas in the book, rather than the politics of permitting it, the “impossible” will become the “inevitable.”  Detroiters will see this vision as the answer to their prayers, and how could the federal government deny Detroit a chance to turn itself around, accelerate its re-birth, all at no cost to the taxpayer?  How could they deny this long suffering population of over 700,000 their first real shot at the American dream.

Leftists will oppose the Commonwealth of Belle Isle for fear of its success, which would undercut their claim that a people cannot prosper and coexist peacefully absent heavy-handed government. Invoking”compassion” and “fairness,” the left will agree to the establishment of the Commonwealth only if it is subject to all of the laws and regulations of the United States — the same laws and regulations that now stifle Americans’ liberty and prosperity. Leftists will begin by insisting that the citizenship fee and language requirement are discriminatory and should not be imposed. They will go from there to demand acceptance of affirmative action, recognition of labor unions, conformance with edicts of the U.S. Treasury and Federal Reserve, and compliance with the myriad regulations and tariffs that burden America’s social and economic liberty — and prosperity — in the name of the children, the environment, fairness, consumerism, and the bogus threat du jour (e.g., anthropgenic global warming).

That said, any step toward a libertarian regime within the United States would be a step in the right direction. Let us hope that the developers of the Commonwealth have the political savvy and connections required to take that step successfully. Their success would be a step toward the establishment of a New Republic.

Related posts about Big Government and how to escape it (listed chronologically):
Finding Liberty
The Laffer Curve, “Fiscal Responsibility,” and Economic Growth
How to Think about Secession
The Causes of Economic Growth
In the Long Run We Are All Poorer
A Short Course in Economics
Secession
Addendum to a Short Course in Economics
The Price of Government
Is Statism Inevitable?
The Interest-Group Paradox
Utilitarianism vs. Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Fascism and the Future of America
Secession Redux
Negative Rights, Social Norms, and the Constitution
A New Cold War or Secession?
Rights, Liberty, the Golden Rule, and the Legitimate State
The Price of Government Redux
The Real Constitution and Civil Disobedience
The Near-Victory of Communism
A Declaration of Independence
The Mega-Depression
Tocqueville’s Prescience
State of the Union: 2010
The Shape of Things to Come
As Goes Greece
Ricardian Equivalence Reconsidered
The Real Burden of Government
The Real Burden of Government
Zones of Liberty
The Constitution: Original Meaning, Corruption, and Restoration
A Conversation with Uncle Sam
The Illusion of Prosperity and Stability
Estimating the Rahn Curve: Or, How Government Inhibits Economic Growth
Taxing the Rich
More about Taxing the Rich
America’s Financial Crisis Is Now
The Southern Secession Reconsidered
A Declaration of Civil Disobedience
A Keynesian Fantasy Land
The Keynesian Fallacy and Regime Uncertainty
Why the “Stimulus” Failed to Stimulate
The “Jobs Speech” That Obama Should Have Given
Say’s Law, Government, and Unemployment
Re-Forming the United States
Unemployment and Economic Growth
Regime Uncertainty and the Great Recession
Regulation as Wishful Thinking
The Real Multiplier
Vulgar Keynesianism and Capitalism
Why Are Interest Rates So Low?
The Commandeered Economy
Stocks for the Long Run?
We Owe It to Ourselves
Stocks for the Long Run? (Part II)
Estimating the Rahn Curve: A Sequel
In Defense of the 1%
Bonds for the Long Run?
The Real Multiplier (II)
Lay My (Regulatory) Burden Down
Our Perfect, Perfect Constitution
The Burden of Government
Reclaiming Liberty throughout the Land
Economic Growth Since World War II
Race and Reason: The Victims of Affirmative Action
More Evidence for the Rahn Curve
Secession, Anyone?
Race and Reason: The Achievement Gap — Causes and Implications
The Economy Slogs Along
The Obama Effect: Disguised Unemployment
The Stock Market as a Leading Indicator of GDP
Government in Macroeconomic Perspective
Where We Are, Economically
Keynesianism: Upside-Down Economics in the Collectivist Cause
Secession for All Seasons
The Economic Outlook in Brief
A New Constitution for a New Republic
Is Taxation Slavery? (yes)
A Contrarian View of Universal Suffrage
Obamanomics: A Report Card