pseudo-libertarianism

Bleeding-Heart Libertarians = Left-Statists (Redux)

ADDENDUM BELOW

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

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

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

Yes, the indolent. Manzi explains:

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

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

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

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

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

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

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

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

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

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

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

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

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

*     *     *

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

Left-Libertarianism in a Nutshell

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

Left-minarchism in a nutshell

*     *     *

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

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”

Not-So-Random Thoughts (VIII)

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.

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?

Liberty, Negative Rights, and Bleeding Hearts

Liberty rights are represented in the Founders’ trinity of “unalienable Rights“: “Life, Liberty, and the pursuit of Happiness.” These really constitute a unitary right, which I simply call liberty. The liberty right is unitary because liberty (as a separate right) is meaningless without life, and liberty implies the latitude to pursue happiness.

Libertarians, for the most part, think of liberty as the enjoyment of the negative right to be left alone in one’s peaceful pursuits, that is, the right not to be robbed, attacked, murdered, and so on. But in a society or polity that values and enables liberty, the right to be left alone is only half the story.

The right to be left alone is the negative sub-rule of the Golden Rule, a good formulation of which is “One should treat others as one would like others to treat oneself.” That formulation implies a positive sub-rule, which could be stated as “Be kind and charitable to others, and they (or most of them) will be kind and charitable to you.”

The positive sub-rule is prudential, not mandatory. But that does not lessen its importance, for liberty cannot prevail absent widespread observance of the positive sub-rule. Such observance creates the conditions of mutual trust and respect that foster mutual forbearance, that is, leaving others alone in their peaceful pursuits. (For more in this vein, see Richard Epstein’s refutation of the view that libertarianism is all about “me” in “No ‘Sachs Appeal’,” Defining Ideas (a Hoover Institution journal), January 24, 2012.)

Let me be clear about the applicability of the Golden Rule in an ideal libertarian society or polity: Both sub-rules — negative and positive — are to be observed voluntarily. But one of them — the negative sub-rule — may be defended by force. Observance of the positive sub-rule may not be coerced, however, because that would violate the negative sub-rule.

The negative sub-rule must be defended because negative rights will not always be respected, human nature being what it is. On the issue of how to defend negative rights, libertarians split into two camps: anarchists and minarchists. These two camps differ about the necessity of the state, which is an independent entity and not an agent of particular members (or groups of members) of a society or polity.

Anarchistic libertarians maintain that negative rights can and should be defended without the intervention of a state. In the anarchistic view, individuals and groups of individuals can contract with each other about rules of interpersonal behavior, and can empower agents to enforce the rules.

Minarchistic libertarians (or this one, at least) maintain that the existence of agents who are empowered by various members of a society or polity is nothing more than warlordism, wherein might makes right. To say that no one would use force to do more than defend one’s negative rights is to make a patently false claim about human nature. (Anarchists, after all, acknowledge the necessity of self-defense.) Minarchists therefore believe that a state should be created and empowered specifically, and exclusively, for the purpose of defending negative rights. Such a state must be generally accountable to the populace, and it must have no power other than to protect the populace from harm. (For more about anarchists, minarchists, and the inevitability of the state, go here.)

Minarchists, nevertheless, tend toward a superficial view of the state’s minimal role, namely, that the job of the state is to see that everyone is left alone, as long as his pursuits are peaceful. That is, the job of the state is to enforce the negative sub-rule of the Golden Rule. So far, so good. Even an anarchist might go along with the idea of such a state.

But here is the rub. What are peaceful pursuits, that is, pursuits which do not harm others?  Who defines them? It cannot be everyone for himself; A’s peaceful pursuit may be a nuisance (or worse) to B.

In sum, harm cannot be defined willy-nilly by individuals, nor is it the abstraction that most libertarians make it out to be with their simplistic invocation of the “harm principle.” Rather, the definition of harm must reflect broad agreement about the rules of interpersonal behavior: social norms. Those norms are not mere abstractions; they are specific rules about permissible and impermissible acts. (Caution to readers: Do not mistake state-imposed rules for social norms, though some state-imposed rules may reflect social norms.)

Like it or not, evolved social norms constitute the foundation of a libertarian society based on mutual trust and respect. And if those evolved social norms specifically proscribe such “libertarian” causes as abortion and homosexual “marriage,” where does that leave the typical “libertarian”? It leaves him wanting to repudiate or overturn social norms, without regard for the effects of doing so on social comity. (See this and this, for example.)

But the ranks of “libertarians” also number a strange breed, often self-described as left-libertarian.  These “libertarians” actively root for the violation of negative rights in the cause of “social justice.” What is “social justice”? The short answer is that it is whatever anyone wants it to be, but it is never restricted to the enforcement of negative rights. The term “social justice” may be taken confidently as code for the enforcement of positive rights by a coercive state.

Left-libertarians will jump through hoops, turn somersaults, and stand on their heads to deny that they favor the enforcement of positive rights by a coercive state. But they do. A post by Kevin Vallier (one of the Bleeding Heart Libertarians) exemplifies their acrobatics:

Libertarians Great and Small (LGS): At some point in the future a group of committed libertarians establish a libertarian free zone called Libertarian Paradise. In LP, all property is acquired and transferred in line with traditional self-ownership political theory. Deviations from these norms are quickly corrected by private and non-profit legal organizations (call them the Cops).

…Due to LP’s unbridled capitalism, its economy booms, making its inhabitants spectacularly wealthy, so much so that charity easily provides for its poorest citizens.

However, through no one person or group’s deliberate action, prosperity ebbs. Perhaps because of resource depletion, climate change or natural disaster, a class of individuals becomes systematically deprived of basic resources (call them the Small). But while they are regularly hungry, they do not starve. And while they cannot secure many basic health resources, they do not die from easily preventable diseases. However, their poverty substantially sets back their well-being.

But the trouble in LP strikes the best-off as well (call them the Great). They too grow poorer, though they remain very well-off, more than wealthy enough to maintain a high standard of living. Yet they no longer feel secure enough to donate to charity. While the Great continue to donate to charity, LP’s charitable institutions no longer have sufficient resources to adequately provide for the Small….

At first the Small petition the Cops to require the Great to pay higher service fees and to use the proceeds to provide a social safety net. But the Cops reject the Small’s petitions for fear of offending their Great clientele.

Eventually the Small grow tired of petitions and begin to occupy local banks, demanding that a small portion of the fortunes of the Great be used to provide the Small with enough food and medical care to be able to get on with their lives. The Small do so non-aggressively, organizing a poor people’s campaign to nonviolently resist LP’s property regime.

But the Great are frustrated. After all, they still give to charity and they too have grown poorer. So the Great demand that the Cops coercively remove the Small from their local banks on the grounds that the Small are violating the self-ownership principle. The Cops comply.

The Small resent the coercion and complain that it is unjustified because they are merely trying to secure basic resources for them and their children. The Cops, acting on behalf of the Great, violently prevent the Small from securing a minimally decent future for themselves and their offspring.

Vallier maintains that

Traditional libertarianism solidly endorses the coercive actions of the Cops. The Cops and their Great clients may be insufficiently benevolent but they act justly.

But social justice libertarians (Strong BHLs) have a different reaction. On their view, the Small are not criminals. In fact, their demands are justified. First, the Small have only occupied local banks after petitioning the Cops to charge higher fees. Second, by occupying local banks, the Small are merely asking the Great to provide them with a very mild safety net that, if institutionalized, would in no way prevent the Great from leading excellent lives.

The social justice libertarian can go further and argue that the property claims of the Great are illegitimate. Their claims are illegitimate because the coercion required to maintain them cannot be justified to the Small given that their well-being is substantially set back by a lack of basic food and healthcare. On the social justice view, the Small’s complaints provide legitimate grounds to revise the property rights recognized in LP to permit (and perhaps require) the Cops to provide a safety net out of the proceeds of legal fees paid by the Great.

…In this case, I’m with the Small. How about you?

And, in an effort to seal his case, Vallier adds

Pre-emptive Remarks:

(1) Please don’t respond with “That will never happen.” The purpose of LGS is to draw out your intuitions about what makes coercion and property regimes morally legitimate. That is why it is a thought experiment.

(2) Please don’t respond with “You’re a statist.” Nothing in LGS assumes that a state controls LP or that the Small want a state. These disputes are possible in a market anarchist social order and can be remedied in the name of justice through polycentric legal organizations.

(3) Please don’t respond that the Small aren’t really being coerced. Many libertarians want to determine what counts as coercion entirely by whether property claims are made in line with the self-ownership principle. But that’s implausible. Even private police forces have to use coercion to protect legitimately held property. Just because a piece of property is rightfully yours doesn’t mean your security forces don’t use coercion to protect it.

(4) Please don’t respond with a slippery slope argument. I was extremely circumspect about the sort of justification the Small employ. They reject as unjustified the coercion used against them because it requires that they remain impoverished through no fault of their own when the Great can easily aid them without any significant risk to their life prospects. To side with the Small, you don’t have to adopt any strongly prioritarian or egalitarian distributive principle.

Remark (1) is unexceptionable; I take LGS as a thought experiment, though a failed one.

As for (2), Vallier should read what he has written. When the Small petition the Cops to force the Great to come across with more money for the Small, it is evident that the Small consider the Cops to have state-like power. That is, the Small want the Cops to act like agents of the state by taking up against their own “clients,” the Great. Further, it is clear that Vallier wants the Cops to assume state-like power when he says that “the Small’s complaints provide legitimate grounds to revise the property rights recognized in LP to permit (and perhaps require) the Cops to provide a safety net out of the proceeds of legal fees paid by the Great.”

Vallier resorts to doublespeak in (3) when he says that “the Cops coercively remove the Small from their local banks.” The Cops (as agents for the Great) are employing force in defense of property rights — rights that the Small had acknowledged by virtue of their membership in the Libertarian Paradise. If there is any coercion in the scenario painted by Vallier, it is committed by the Small, when they occupy the banks in an effort to compel the Great to cough up more money.  Vallier’s use of “coercively” is gratuitous and does not belong in the phrase quoted above.

Remark (4) is slipperiness itself. Having misapplied “coercively” to the Cops defensive actions (as agents for the Great), Vallier recycles it in the statement that the Small “reject as unjustified the coercion used against them.” (As Lenin said, “A lie told often enough becomes truth.”) The Small may “reject as unjustified” their removal from private property, but that does not make their removal unjustified. (See my comments about (3).) Moreover, it is clear that Vallier adopts some kind of “distributive principle,” other than the libertarian principle upon which LP was founded, when he writes that the Small will “remain impoverished through no fault of their own.” The implied principle is that those who are better off owe something to those who are worse off. How much they owe, and under what circumstances is, of course, determined arbitrarily by “social justice” libertarians like Vallier and out-and-out statist redistributionists like Barack Obama. Their principles are the same, they just articulate them differently.

It is understandable the Vallier roots for the “little guy,” most people do; but the “little guy” is not necessarily the “good guy.” In any event, a libertarian society is impossible if the fundamental tenets of libertarianism can be overthrown simply because the “little guy” wants more than the “big guy” is willing to give. It is not as if the Greats have insisted on a narrow, “leave me alone,” kind of libertarianism; their embrace of the positive sub-rule of the Golden Rule is evident (and realistic). Vallier — like any statist — simply wants to enforce his preconceived notion of how the positive sub-rule should be applied. But the enforcement of any such notion, however well intended, is incompatible with liberty. Moreover, as I have shown, the end result of confiscation through taxation and regulation is general impoverishment; the “have nots” suffer, along with the “haves.”

Left-libertarianism is not libertarianism. And its unintended consequences are dire because slippery slopes are real. State power erodes the societal bonds upon which liberty depends, because — as subjects of the state — individual develop the habit of looking to the state for guidance about proper behavior, instead of consulting their consciences and their fellow men. One misuse of state power leads to another, eventually destroying the fragile bonds of mutual respect and forbearance that undergird liberty. (Regarding the reality of slippery slopes, consider how much the contemporary interpretation of the Constitution diverges from its real, original meaning because of accretion of wrongful interpretations; see especially “Our Perfect, Perfect Constitution,” by Michael Stokes Paulsen, University of St. Thomas School of Law.)

For proof of this, one need look no farther than America. America’s slide into statism began in earnest with with Teddy Roosevelt’s “Square Deal,” accelerated with Franklin Roosevelt’s “New Deal,” and has been compounded since through the steady accretion of power by the central government.

All in the name of “social justice.”

Related posts:
On Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
The Interest-Group Paradox
Parsing Political Philosophy
Is Statism Inevitable?
Inventing “Liberalism”
Civil Society and Homosexual “Marriage”
The Price of Government
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
The Real Burden of Government
Utilitarianism vs. Liberty
The Principles of Actionable Harm
Fascism and the Future of America
The Indivisibility of Economic and Social Liberty
Beware of Libertarian Paternalists
Law and Liberty
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
The Price of Government Redux
The Near-Victory of Communism
The Mega-Depression
Abortion and Crime
Tocqueville’s Prescience
Discounting and Libertarian Paternalism
The Mind of a Paternalist
The State of the Union: 2010
The Shape of Things to Come
Accountants of the Soul
Invoking Hitler
The Unreality of Objectivism
Toward a Risk-Free Economy
Rawls Meets Bentham
The Rahn Curve at Work
Is Liberty Possible?
The Left
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
Line-Drawing and Liberty
The Divine Right of the Majority
The Illusion of Prosperity and Stability
Society and the State
I Want My Country Back
Estimating the Rahn Curve: Or, How Government Inhibits Economic Growth
The Deficit Commission’s Deficit of Understanding
Undermining the Free Society
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
The Bowles-Simpson Report
Positivism, “Natural Rights,” and Libertarianism
The Bowles-Simpson Band-Aid
What Are “Natural Rights”?
The Golden Rule and the State
Government vs. Community
Libertarian Conservative or Conservative Libertarian?
Liberty, Equality, Fraternity: Part I
The Stagnation Thesis
Bounded Liberty: A Thought Experiment
Evolution, Human Nature, and “Natural Rights”
Government Failure: An Example
The Evil That Is Done with Good Intentions
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
The Destruction of Society in the Name of “Society”
The Golden Rule as Beneficial Learning
Facets of Liberty
Burkean Libertarianism
Rights: Source, Applicability, How Held
About Democracy
What Is Libertarianism?
Nature Is Unfair
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
Externalities and Statism
“Occupy Wall Street” and Religion
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?
Don’t Just Stand There, “Do Something”
The Morality of Occupying Private Property
Society and the State
Estimating the Rahn Curve: A Sequel
In Defense of the 1%
Prohibition, Abortion, and “Progressivism”

The Equal-Protection Scam and Same-Sex Marriage

Steven Horwitz, writing at Bleeding Heart Libertarians, opines that

In the world that exists, where the state is involved in marriage, I believe that….

Libertarianism requires  [federal recognition of same-sex marriage], as we often forget that the classical liberal tradition was built on two pillars: the rights of the individual against the state and equality before the law. The state may not discriminate. If it offers a benefit to some, it must offer it to all who are equally situated….

Suppose we had a Social Security system in which all residents of the US paid FICA but only white ones received the benefits. Would you argue that the libertarian position is to continue to deny people of color access to Social Security benefits on the grounds that giving the benefits to them would “extend federal power?” Would you continue to insist that the only libertarian position is to argue for the elimination of Social Security even though it continues to benefit only whites?

Double hogwash!

First, homosexuals are not “equally situated” with respect to heterosexuals. They want to call “marriage” something that cannot be marriage, as marriage has been understood for thousands of years: the union of a man and a woman in a lifelong commitment to each other. Homosexuals may choose to enter into private relationships that they call “marriage” — and no one can stop them — but those relationships are not manifestations of the time-honored social institution known as marriage.

Second, the analogy with Social Security is inapt. The recognition of marriage by the state is not a “benefit” in the same way as Social Security; that is, it is not a form of remuneration based on “contributions” to a (fictional) insurance pool. Social Security benefits are a quid pro quo; the recognition of marriage is a grant of status, in the same way that naturalization is a grant of status — the status of citizen. The state may make and change the qualifications for citizenship, because the power to do so is inherently a function of the state. But the state may not make and change the essential nature of marriage, which is a social phenomenon.

Where the state chooses to call a homosexual “marriage” a marriage, it simply indulges in legal fiction. But it is not harmless legal fiction — a crucial point that eludes “libertarians” like Horwitz; thus:

The recognition of homosexual “marriage” by the state — though innocuous to many, and an article of faith among most libertarians and liberals — is another step down the slippery slope of societal disintegration. The disintegration began in earnest in the 1930s, when Americans began to place their trust in chimerical, one-size-fits-all “solutions” offered by power-hungry, economically illiterate politicians and their “intellectual” enablers and apologists. In this instance, the state will recognize homosexual “marriage,” then bestow equal  benefits on homosexual “partners,”  and then require private entities (businesses, churches, etc.) to grant equal benefits to homosexual “partnerships.” Individuals and businesses who demur will be brought to heel through the use of affirmative action and hate-crime legislation to penalize those who dare to speak against homosexual “marriage,” the privileges that flow from it, and the economic damage wrought by those privileges.

It should be evident to anyone who has watched American politics that even-handedness is not a matter of observing constitutional limits on government’s reach, regardless of who asks for an exception; it is, rather, a matter of expanding the privileges bestowed by government so that no one is excluded. It follows that the recognition and punitive enforcement of same-sex “marriage” would be followed by the recognition and bestowal of benefits on other arrangements, including transient “partnerships” of convenience. And that surely will weaken heterosexual marriage, which is the axis around which the family revolves. The state will be saying, in effect, “Anything goes. Do your thing. The courts, the welfare system, and the taxpayer — above all — will pick up the pieces.” And so it will go….

Given the signals being sent by the state, the rate of formation of traditional, heterosexual marriages will continue to decline. (According to the Census Bureau, the percentage of adult males who are married dropped steadily from 71.1 percent in the 1960 census to 58.6 percent in the 2000 census; for females, the percentage dropped from 67.4 to 54.6. (The latest available figures, for 2009, show no significant change since 2000.) About half of each drop is explained by a rise in the percentage of adults who never marry, the other half by a rise in the percentage of divorced adults. Those statistics are what one should expect when the state signals — as it began to do increasingly after 1960 — that traditional marriage is no special thing by making it easier for couples to divorce, by subsidizing single mothers, and by encouraging women to work outside the home.

The well-known effects of such policies include higher rates of crime and lower levels of educational and economic achievement. (See this and this, for example.) Same-sex marriage would multiply these effects for the sake of mollifying a small minority of the populace.

A “libertarian” like Horwitz will assert that all such considerations are beside the point — as if the only point of liberty is “self-actualization” or similar clap-trap. I do wish that these self-styled “libertarians” would grow up and shut up.

Related posts:
Libertarianism, Marriage, and the True Meaning of Family Values
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
“Family Values,” Liberty, and the State
On Liberty
Civil Society and Homosexual “Marriage”
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
Pseudo-Libertarian Sophistry vs. True Libertarianism
Libertarian Conservative or Conservative Libertarian?
Liberty, Equality, Fraternity: Part I
Bounded Liberty: A Thought Experiment
More Pseudo-Libertarianism
The Meaning of Liberty
Positive Liberty vs. Liberty
In Defense of Marriage
Burkean Libertarianism
Rights: Source, Applicability, How Held
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
The Myth That Same-Sex Marriage Causes No Harm
The Libertarian-Conservative Fusion Is Alive and Well
What Is Bleeding-Heart Libertarianism?

True Libertarianism, One More Time

I recently engaged a left-libertarian (oxymoron) in the comments section of “What Is Libertarianism.” The exchange prompts me to offer a condensed treatment of true libertarianism vs. pseudo-libertarianism. The former is really a kind of conservatism, which is why I call it Burkean libertarianism. The latter — which is the kind of “libertarianism” much in evidence on the internet — rests on the Nirvana fallacy and posits dangerously false ideals.

A “true” libertarian respects socially evolved norms because those norms evidence and sustain the mutual trust, respect, forbearance, and voluntary aid that — taken together — foster willing, peaceful coexistence and beneficially cooperative behavior. And what is liberty but willing peaceful coexistence and beneficially cooperative behavior?

If socially evolved norms include the condemnation of abortion (because it involves the murder of a living human being) and the rejection of same-sex “marriage” (because it mocks and undermines the institution through which children are born and raised by an adult of each gender, fate willing), the “true” libertarian will accept those norms as part and parcel of the larger social order — as long as it is a peaceful, voluntary order.

The “pseudo” libertarian — in my observation — will reject those norms because they interfere with the “natural rights” (or some such thing) of the individuals who want to abort fetuses and/or grant same-sex “marriage” the same status as heterosexual marriage. But to reject and reverse norms as fundamental as the condemnation of abortion and same-sex “marriage”  is to create strife and distrust, therefore undermining the conditions upon which liberty depends.

The pseudo-libertarian looks down upon society as a self-appointed judge, then swoops in to admonish society when its members do not embrace his particular views about rights. How a pseudo-libertarian, who is usually an atheist, can do this has long been a mystery to me. He cannot refer to Divine writ; his religion-substitute is “natural rights,” whose composition is known to him, but not to lesser beings. The source of his knowledge of “natural rights” is either innate in his superior intellect (how convenient) or else it arises from a strained interpretation of human evolution. The latter, somehow, has yielded up a set of inborn natural rights, the contours of which the pseudo-libertarian is privileged to perceive. (None of this is meant to denigrate Judeo-Christianity, the foundational tenets of which foster liberty.)

The pseudo-libertarian, in other words, is afraid to admit that the long evolution of rules of conduct by human beings who must coexist  might just be superior to the rules that he would arbitrarily impose, reflecting as they do his “superior” sensibilities. I say “arbitrarily” because pseudo-libertarians have not been notably critical of the judicial impositions that have legalized abortion and same-sex marriage, or of the legislative impositions that have corrupted property rights in the pursuit of “social justice.”

All in all, it seems that pseudo-libertarians believe in the possibility of separating the warp and woof of society without causing the disintegration of the social fabric. The pseudo-libertarian, in that respect, mimics the doctrinaire socialist who wants prosperity but rejects one of its foundation stones: property rights.

A true libertarian will eschew the temptation to prescribe the details of social conduct. He will, instead, take the following positions:

  • The role of the state is to protect individuals from deceit, coercion, and force.
  • The rules of social conduct are adopted voluntarily within that framework are legitimate and libertarian.

*   *   *

The foregoing is a terse summary of the detailed analysis of liberty and rights that I have offered in many posts, including these:

On Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Democracy and Liberty
Parsing Political Philosophy
Inventing “Liberalism”
Civil Society and Homosexual “Marriage”
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
The Principles of Actionable Harm
The Indivisibility of Economic and Social Liberty
Beware of Libertarian Paternalists
Law and Liberty
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
Tocqueville’s Prescience
The Mind of a Paternalist
Accountants of the Soul
The Unreality of Objectivism
“Natural Rights” and Consequentialism
Rawls Meets Bentham
More about Consequentialism
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
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
Nature Is Unfair
Social Justice
Bounded Liberty: A Thought Experiment
The Left’s Agenda
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Taxing the Rich
More about Taxing the Rich
Peter Presumes to Preach
Positive Liberty vs. Liberty
More Social Justice
On Self-Ownership and Desert
In Defense of Marriage
Luck-Egalitarianism and Moral Luck
Empathy Is Overrated
Understanding Hayek
Union-Busting
The Left and Its Delusions
Corporations, Union, and the State
The Golden Rule as Beneficial Learning
Why I Am Not an Extreme Libertarian
Facets of Liberty
Burkean Libertarianism
Crimes against Humanity
Rights: Source, Applicability, How Held
Blackmail, Anyone?
The Ideal as a False and Dangerous Standard
About Democracy
The Arrogance of (Some) Economists
What Is Libertarianism?

What Is Libertarianism?

Many definitions of libertarianism are available online. I like this one for its depth:

Although there is much disagreement about the details, libertarians are generally united by a rough agreement on a cluster of normative principles, empirical generalizations, and policy recommendations. Libertarians are committed to the belief that individuals, and not states or groups of any other kind, are both ontologically and normatively primary; that individuals have rights against certain kinds of forcible interference on the part of others; that liberty, understood as non-interference, is the only thing that can be legitimately demanded of others as a matter of legal or political right; that robust property rights and the economic liberty that follows from their consistent recognition are of central importance in respecting individual liberty; that social order is not at odds with but develops out of individual liberty; that the only proper use of coercion is defensive or to rectify an error; that governments are bound by essentially the same moral principles as individuals; and that most existing and historical governments have acted improperly insofar as they have utilized coercion for plunder, aggression, redistribution, and other purposes beyond the protection of individual liberty. (“Libertarianism,” Internet Encyclopedia of Philosophy)

Two aspects of this definition merit closer examination. The first is “that individuals have rights against certain kinds of forcible interference on the part of others.” Whence these rights, and how extensive are they? I say here that

[r]ights, as products of social evolution, are strictures on interpersonal behavior, not “essences” that emanate from individuals. Rights, therefore, are culturally variable in their precise contours, but certain constants of human nature (empathy, self-interest) lead most cultures in the direction of a modus vivendi like the Golden Rule.

Specifically:

There’s a mainstream interpretation of the Golden Rule — one that still holds in many places — which rules out certain kinds of behavior, except in extreme situations, and permits certain other kinds of behavior. There is, in other words, a “core” Golden Rule that comes down to this:

  • Murder is wrong, except in self-defense. (Capital punishment is just that: punishment. It’s also a deterrent to murder. It isn’t “murder,” muddle-headed defenders of baby-murder to the contrary notwithstanding.)
  • Various kinds of unauthorized “taking” are wrong, including theft (outright and through deception). (This explains popular resistance to government “taking,” especially when it’s done on behalf of private parties. The view that it’s all right to borrow money from a bank and not repay it arises from the mistaken beliefs that (a) it’s not tantamount to theft and (b) it harms no one because banks can “afford it.”)
  • Libel and slander are wrong because they are “takings” by word instead of deed.
  • It is wrong to turn spouse against spouse, child against parent, or friend against friend. (And yet, such things are commonly portrayed in books, films, and plays as if they are normal occurrences, often desirable ones. And it seems to me that reality increasingly mimics “art.”)
  • It is right to be pleasant and kind to others, even under provocation, because “a mild answer breaks wrath: but a harsh word stirs up fury” (Proverbs 15:1).
  • Charity is a virtue, but it should begin at home, where the need is most certain and the good deed is most likely to have its intended effect.

Adherence to the Golden Rule is vestigial because in the past century — since the advent of the regulatory-welfare state and the seizure of state power by social “activists” — eons of socially evolved behavioral norms have been distorted and swept aside. Thus the phenomena of broad support for abortion and growing support for same-sex “marriage” — both of which are due to the anti-social combination of “activism” and sponsorship by an anti-religious state.

This leads me to the second aspect of the definition of libertarianism that merits closer attention: “social order is not at odds with but develops out of individual liberty.” The ranks of self-styled libertarians abound with social engineers who would, if they could, override the social order with their own visions of how that order should look. These pseudo-libertarians do not hesitate to prescribe a social order aligned with their effete sensibilities.

To the many examples of pseudo-libertarianism that I have adduced in previous posts (e.g., here and here), I will add two. First comes Charles Johnson, one of the Bleeding Heart Libertarians, points with pride to his article, “The Many Monopolies” (Freeman, September 2011). Regulations, according to Johnson,

fundamentally restructure markets, inventing the class structures of ownership, ratcheted costs, and inhibited competition that produce wage labor, rent, and the corporate economy we face….

A fully freed market means liberating essential command posts in the economy from State control, to be reclaimed for market and social entrepreneurship. The market that would emerge would look profoundly different from anything we have now.

What it would look like — in Johnson’s dreams — is a kind  of leftist Utopia: “Independent contracting, co-ops, and worker-managed shops.” This, of course, is pure guesswork — and wishful thinking — about the effects of abolishing all regulations, whether they superficially favor labor, business, or consumers. (I have more to say about such guesswork in this post.)

The subtitle of Johnson’s analysis should be “Small is beautiful.” It reads like a nostalgic lament for pre-industrial America, as if large corporations are evil per se.

Then there is the reliably leftist libertarian, Will Wilkinson, who says that

there are other legitimate public goods beyond the police protection of property rights. The need to finance the provision of these goods can justifiably limit our property rights, just as a system of property can justifiably limit our right to free movement. The use of official coercion to collect necessary taxes is no more or less problematic than the use of official coercion to enforce claims to legitimate property. Of course, those who suffer most from the absence of adequate public goods are the poor and powerless. (“A Libertarian’s Lament: Why Ron Paul Is an Embarrassment to the Creed,” The New Republic, September 2, 2011)

What are those other “public goods” to which Wilkinson refers? One of them is public schooling. It may seem strange for a so-called libertarian to endorse public schooling, but — in Wilkinson’s view — the cause is just if it benefits “poor kids.” Well, then, why not tax “the rich” to put everyone in the lower half of the income distribution on the dole? Where does one draw the line? Where Wilkinson says to draw the line, I suppose. After all, one mustn’t allow social outcomes that displease Mr. Wilkinson.

The point of these examples is that they illustrate a decided antagonism to a “social order [that] develops out of individual liberty.” They are consistent with “positive liberty,” which — as I have written — is not liberty at all.

Libertarianism — true libertarianism — does not presume to prescribe the outcome of social activity, only its conditions: peaceful and voluntary. It is inevitable and unavoidable that peaceful, voluntary social activity will yield outcomes that are unequal — in terms of income, wealth, and social status — and even distasteful — in terms of inter-group antipathies and discriminatory behavior.  But unequal and distasteful outcomes are rooted in the reality of human nature, which Michael Schermer summarizes quite well in his essay, “Liberty and Science,” at Cato Unbound:

  1. The clear and quantitative physical differences among people in size, strength, speed, agility, coordination, and other physical attributes that translates into some being more successful than others, and that at least half of these differences are inherited.
  2. The clear and quantitative intellectual differences among people in memory, problem solving ability, cognitive speed, mathematical talent, spatial reasoning, verbal skills, emotional intelligence, and other mental attributes that translates into some being more successful than others, and that at least half of these differences are inherited.
  3. The evidence from behavior genetics and twin studies indicating that 40 to 50 percent of the variance among people in temperament, personality, and many political, economic, and social preferences are accounted for by genetics.
  4. The failed communist and socialist experiments around the world throughout the 20th century revealed that top-down draconian controls over economic and political systems do not work.
  5. The failed communes and utopian community experiments tried at various places throughout the world over the past 150 years demonstrated that people by nature do not adhere to the Marxian principle “from each according to his ability, to each according to his need.”
  6. The power of family ties and the depth of connectedness between blood relatives. Communities have tried and failed to break up the family and have children raised by others; these attempts provide counter evidence to the claim that “it takes a village” to raise a child. As well, the continued practice of nepotism further reinforces the practice that “blood is thicker than water.”
  7. The principle of reciprocal altruism—I’ll scratch your back if you’ll scratch mine”—is universal; people do not by nature give generously unless they receive something in return, even if what they receive is social status.
  8. The principle of moralistic punishment—I’ll punish you if you do not scratch my back after I have scratched yours—is universal; people do not long tolerate free riders who continually take but almost never give.
  9. The almost universal nature of hierarchical social structures—egalitarianism only works (barely) among tiny bands of hunter-gatherers in resource-poor environments where there is next to no private property, and when a precious game animal is hunted extensive rituals and religious ceremonies are required to insure equal sharing of the food.
  10. The almost universal nature of aggression, violence, and dominance, particularly on the part of young males seeking resources, women, and especially status, and how status-seeking in particular explains so many heretofore unexplained phenomena, such as high risk taking, costly gifts, excessive generosity beyond one’s means, and especially attention seeking.
  11. The almost universal nature of within-group amity and between-group enmity, wherein the rule-of-thumb heuristic is to trust in-group members until they prove otherwise to be distrustful, and to distrust out-group members until they prove otherwise to be trustful.
  12. The almost universal desire of people to trade with one another, not for the selfless benefit of others or the society, but for the selfish benefit of one’s own kin and kind; it is an unintended consequence that trade establishes trust between strangers and lowers between-group enmity, as well as produces greater wealth for both trading partners and groups.

Efforts to channel human nature in contrary directions — whether those efforts are “liberal” or “libertarian” —  can lead only in one direction: the stifling of liberty:

The recognition of the insuperable limits to his knowledge ought indeed to teach the student of society a lesson of humility which should guard him against becoming an accomplice in men’s fatal striving to control society – a striving which makes him not only a tyrant over his fellows, but which may well make him the destroyer of a civilization which no brain has designed but which has grown from the free efforts of millions of individuals. (Friedrich A. Hayek, “The Pretence of Knowledge,” Nobel Prize lecture, December 11, 1974)

Related posts:
Beware of Libertarian Paternalists
Columnist, Heal Thyself
The Mind of a Paternalist
Accountants of the Soul
Rawls Meets Bentham
Enough of “Social Welfare”
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
In Defense of Marriage
Understanding Hayek
We, the Children of the Enlightenment
Why I Am Not an Extreme Libertarian
Facets of Liberty
Burkean Libertarianism
Crimes against Humanity
Rights: Source, Applicability, How Held
The Ideal as a False and Dangerous Standard
The Arrogance of (Some) Economists

In Defense of Marriage

This post joins some old and new observations about same-sex “marriage.” I not only repudiate the travesty of homosexual “marriage” but also those so-called libertarians who would (unwittingly) harm the cause of liberty by their insistence on a “right” to same-sex “marriage.” In the end, I remind the reader that there is more to liberty than the mindless parroting of phrases like “fairness,” “justice,” and “equal protection of the laws.”

SAME-SEX “MARRIAGE” AS A LITMUS TEST

It is my firm impression that most self-described libertarians — and “liberals,” it should go without saying — view same-sex “marriage” as a right. “Libertarian” bloggers X and Y are typical of the breed.[1]

Blogger X, a professed homosexual, states flatly that “I’m being discriminated against, and I want it to stop.”

Blogger Y, a known heterosexual, takes a complementary tack. For example, he calls Ron Paul’s support of the Defense of Marriage Act[2] (DOMA) “state-sponsored bigotry.” Actually, Paul was criticizing the Obama administration for failing to support DOMA because the act

used Congress’ constitutional authority to define what other states have to recognize under the Full Faith and Credit Clause, to ensure that no state would be forced to recognize a same sex marriage license issued in another state.

Paul adds:

I will stand … against Unconstitutional federal power grabs, and will fight to protect each state’s right not to be forced to recognize a same sex marriage against the will of its people.

Y seems to view Paul’s defense of States’ rights as wrong — in this instance, at least — because the definition of marriage as the union of one man and one woman denies marriage to homosexual couples. Further, that denial seems — in Y‘s view — to arise from bigotry. Perhaps it does, in Paul’s case, but I am here to defend marriage, not a crotchety Texan (see this, this, and this, for example).

SAME-SEX “MARRIAGE” IS A PSEUDO-LIBERTARIAN CAUSE

Blogger Y‘s position is a manifestation of the kind of rationalistic, political correctness that is common among left (psuedo)-libertarians. Will Wilkinson, for example, suggests that

most PC episodes mocked and derided by the right are not state impositions. They are generally episodes of the voluntary social enforcement of relatively newly established moral/cultural norms.

Wilkinson grossly simplifies the complex dynamics of PCness. His so-called “newly established … norms” are, in fact, norms that have been embraced by insular élites (e.g., academics and think-tank denizens like Wilksinson) and then foisted upon “the masses” by the élites in charge of government and government-controlled institutions (e.g., tax-funded universities). Thus it is no surprise that proposals to allow same-sex “marriage” fare poorly when they are submitted to voters.

Pseudo-libertarianism of the kind evidenced by Wilkinson is no better than any other kind of rationalism. It simply posits a sterile, abstract standard of conduct — one that has nothing to do with the workaday world of humanity — and finds wanting everyone but those who pay lip-service to that standard of conduct.

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

Where is libertarianism to be found? In conservatism, of all places, because it is a reality-based political philosophy.

But what does conservatism have to do with libertarianism? I have in various posts essayed an answer to that question (here, here, here, and here, for example), but now I turn the floor over to John Kekes, who toward the end of “What Is Conservatism?” says this:

The traditionalism of conservatives excludes both the view that political arrangements that foster individual autonomy should take precedence over those that foster social authority and the reverse view that favours arrangements that promote social authority at the expense of individual autonomy. Traditionalists acknowledge the importance of both autonomy and authority, but they regard them as inseparable, interdependent, and equally necessary. The legitimate claims of both may be satisfied by the participation of individuals in the various traditions of their society. Good political arrangements protect these traditions and the freedom to participate in them by limiting the government’s authority to interfere with either.

Therein lies true libertarianism — true because it is attainable. Left-libertarians believe, foolishly, that liberty is to be found in the rejection of social norms. Liberty would be the first victim of the brave new disorder that they wish for.

If there is a truly libertarian case for same-sex “marriage,” it can be made only by invoking the possibility of voluntary social acceptance of same-sex couples who bond in a manner analogous to the bonding of heterosexual couples. But analogy is not identity, just as reliance on the edicts of the state is not a proper libertarian approach to social change.

OPPOSITION TO SAME-SEX MARRIAGE IS NOT INHERENTLY BIGOTED

Many (if not most) persons who oppose same-sex “marriage” are animated not by an animus toward homosexuals but by respect for the time-honored status of marriage — in the Western tradition — as a monogamous, heterosexual union. Is it bigotry to defend a traditional institution from redefinition at the hands of the state? I think not. The state’s proper role is to protect citizens and their voluntary institutions, not to undermine or usurp those institutions. Therefore, if the state is going to involve itself in voluntary institutions, it ought to do so only for the purpose of ensuring that those institutions are not reshaped involuntarily.

The only bigotry that I see is the bigotry of individuals like X and Y, who denigrate those who would preserve the traditional character of marriage. I remind X, Y, and others who cry “discrimination” and “bigotry” that marriage — in its Judeo-Christian roots — is a social institution that was established for the purpose of solemnizing and legitimating the union of man and woman — not for the purpose of causing harm to anyone.

As for the opponents of same-sex “marriage,” I do not believe that a general charge of bigotry on their part can stand scrutiny. I have no doubt that some defenders of traditional marriage defend it solely or mainly because they despise homosexuals, their “differentness,” and their sexual practices. But such exceptions do not change the fact that marriage is not an institution founded on bigotry.

TRADITIONAL MARRIAGE IS A LIBERTARIAN INSTITUTION

Moreover, there is a compelling, libertarian reason to preserve the time-honored status of marriage as the union of man and woman. It is an institution whose preservation is vital to civil society, upon which liberty depends:

[I]t 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 — in the minarchistic view — 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.

Marriage — despite its imperfections and the state’s involvement (e.g., licensing, separation proceedings, divorce decrees) — remains a bulwark of civil society, or of the remnants of civil society that have survived usurpation and negation by the state. Therefore, the proponents of state-imposed same-sex “marriage” bear the burden of proving that the expansion of marriage to include homosexual partnerships will redound to the benefit of civil society. Saying that opposition to same-sex marriage amounts to bigotry is no kind of proof.

This leads me to ask  whether (1) state-imposed homosexual “marriage” would be deleterious to civil society in the long run, and (2) if marriage loses its traditional definition, any institution of civil society is immune from the depradations of the state.

On the question of the long-run effects of state-imposed homosexual “marriage,” I turn to Jennifer Roback Morse:

Marriage is a naturally occurring, pre-political institution that emerges spontaneously from society. Western society is drifting toward a redefinition of marriage as a bundle of legally defined benefits bestowed by the state. As a libertarian, I find this trend regrettable. The organic view of marriage is more consistent with the libertarian vision of a society of free and responsible individuals, governed by a constitutionally limited state…..

My central argument is that a society will be able to govern itself with a smaller, less intrusive government if that society supports organic marriage rather than the legalistic understanding of marriage….

The new idea about marriage claims that no structure should be privileged over any other. The supposedly libertarian subtext of this idea is that people should be as free as possible to make their personal choices. But the very nonlibertarian consequence of this new idea is that it creates a culture that obliterates the informal methods of enforcement. Parents can’’t raise their eyebrows and expect children to conform to the socially accepted norms of behavior, because there are no socially accepted norms of behavior. Raised eyebrows and dirty looks no longer operate as sanctions on behavior slightly or even grossly outside the norm. The modern culture of sexual and parental tolerance ruthlessly enforces a code of silence, banishing anything remotely critical of personal choice. A parent, or even a peer, who tries to tell a young person that he or she is about to do something incredibly stupid runs into the brick wall of the non-judgmental social norm….

No libertarian would claim that the presumption of economic laissez-faire means that the government can ignore people who violate the norms of property rights, contracts, and fair exchange. Apart from the occasional anarcho-capitalist, all libertarians agree that enforcing these rules is one of the most basic functions of government. With these standards for economic behavior in place, individuals can create wealth and pursue their own interests with little or no additional assistance from the state. Likewise, formal and informal standards and sanctions create the context in which couples can create marriage with minimal assistance from the state….

Some libertarians seem to believe that marriage is a special case of free association of individuals. I say the details of this particular form of free association are so distinctive as to make marriage a unique social institution that deserves to be defended on its own terms and not as a special case of something else.

One side in this dispute is mistaken. There is enormous room for debate, but there ultimately is no room for compromise…. We will be happier if we try to discover the truth and accommodate ourselves to it, rather than try to recreate the world according to our wishes….

Being free does not demand that everyone act impulsively rather than deliberately. Libertarian freedom is the modest demand to be left alone by the coercive apparatus of the government. Economic liberty, and libertarian freedom more broadly, is certainly consistent with living with a great many informal social and cultural constraints….

We now live in an intellectual, social, and legal environment in which the laissez-faire idea has been mechanically applied to sexual conduct and married life. But Rousseau-style state-of-nature couplings are inconsistent with a libertarian society of minimal government. In real, actually occurring societies, noncommittal sexual activity results in mothers and children who require massive expenditures and interventions by a powerful government….

When … Friedrich Hayek championed the concept of spontaneous order, he helped people see that explicitly planned orders do not exhaust the types of social orders that emerge from purposeful human behavior. The opposite of a centrally planned economy is not completely unplanned chaos, but rather a spontaneous order that emerges from thousands of private plans interacting with each according to a set of reasonably transparent legal rules and social norms.

Likewise, the opposite of government controlling every detail of every single family’’s life is not a world in which everyone acts according to emotional impulses. The opposite is an order made up of thousands of people controlling themselves for the greater good of the little society of their family and the wider society at large….

Libertarians recognize that a free market needs a culture of law-abidingness, promise-keeping, and respect for contracts. Similarly, a free society needs a culture that supports and sustains marriage as the normative institution for the begetting, bearing, and rearing of children. A culture full of people who violate their contracts at every possible opportunity cannot be held together by legal institutions, as the experience of post-communist Russia plainly shows. Likewise, a society full of people who treat sex as a purely recreational activity, a child as a consumer good and marriage as a glorified roommate relationship will not be able to resist the pressures for a vast social assistance state. The state will irresistibly be drawn into parental quarrels and into providing a variety of services for the well-being of the children….

The libertarian preference for nongovernmental provision of care for dependents is based upon the realization that people take better care of those they know and love than of complete strangers. It is no secret that people take better care of their own stuff than of other people’s. Economists conclude that private property will produce better results than collectivization schemes. But a libertarian preference for stable married-couple families is built upon more than a simple analogy with private property. The ordinary rhythm of the family creates a cycle of dependence and independence that any sensible social order ought to harness rather than resist.

We are all born as helpless infants, in need of constant care. But we are not born alone. If we are lucky enough to be born into a family that includes an adult married couple, they sustain us through our years of dependence. They do not get paid for the work they do: They do it because they love us. Their love for us keeps them motivated to carry on even when we are undeserving, ungrateful, snot-nosed brats. Their love for each other keeps them working together as a team with whatever division of labor works for them.

As we become old enough to be independent, we become attracted to other people. Our bodies practically scream at us to reproduce and do for our children what our parents did for us. In the meantime, our parents are growing older. When we are at the peak of our strength, stamina, and earning power, we make provision to help those who helped us in our youth.

But for this minimal government approach to work, there has to be a family in the first place. The family must sustain itself over the course of the life cycle of its members. If too many members spin off into complete isolation, if too many members are unwilling to cooperate with others, the family will not be able to support itself. A woman trying to raise children without their father is unlikely to contribute much to the care of her parents. In fact, unmarried parents are more likely to need help from their parents than to provide it….

Marriage is the socially preferred institution for sexual activity and childrearing in every known human society. The modern claim that there need not be and should not be any social or legal preference among sexual or childrearing contexts is, by definition, the abolition of marriage as an institution. This will be a disaster for the cause of limited government. Disputes that could be settled by custom will have to be settled in court. Support that could be provided by a stable family must be provided by taxpayers. Standards of good conduct that could be enforced informally must be enforced by law….

The advocates of the deconstruction of marriage into a series of temporary couplings with unspecified numbers and genders of people have used the language of choice and individual rights to advance their cause. This rhetoric has a powerful hold over the American mind. It is doubtful that the deconstruction of the family could have proceeded as far as it has without the use of this language of personal freedom.

But this rhetoric is deceptive. It is simply not possible to have a minimum government in a society with no social or legal norms about family structure, sexual behavior, and childrearing. The state will have to provide support for people with loose or nonexistent ties to their families. The state will have to sanction truly destructive behavior, as always. But destructive behavior will be more common because the culture of impartiality destroys the informal system of enforcing social norms.

It is high time libertarians object when their rhetoric is hijacked by the advocates of big government. Fairness and freedom do not demand sexual and parental license. Minimum-government libertarianism needs a robust set of social institutions. If marriage isn’t a necessary social institution, then nothing is. And if there are no necessary social institutions, then the individual truly will be left to face the state alone. A free society needs marriage. (“Marriage and the limits of contract: A libertarian case,” Policy Review, No. 130)

It is clear that a free society needs traditional, heterosexual marriage, which — as Morse explains — is a primary civilizing force. As if in answer to that truth, the proponents of same-sex “marriage” aver that its recognition by the state will not undermine the societal benefits of traditional marriage. They aver, rather, that it will extend those benefits to encompass those homosexuals who choose “marriage,” and their biological or adopted children.

SAME-SEX “MARRIAGE” IS A BLOW TO LIBERTY

Is there really a “win-win” argument for same-sex “marriage”? The answer, in a word,  is “no.”  The recognition of homosexual “marriage” by the state — though innocuous to many, and an article of faith among most libertarians and liberals — is another step down the slippery slope of societal disintegration. The disintegration began in earnest in the 1930s, when Americans began to place their trust in chimerical, one-size-fits-all “solutions” offered by power-hungry, economically illiterate politicians and their “intellectual” enablers and apologists. In this instance, the state will recognize homosexual “marriage,” then bestow equal  benefits on homosexual “partners,”  and then require private entities (businesses, churches, etc.) to grant equal benefits to homosexual “partnerships.” Individuals and businesses who demur will be brought to heel through the use of affirmative action and hate-crime legislation to penalize those who dare to speak against homosexual “marriage,” the privileges that flow from it, and the economic damage wrought by those privileges.

It should be evident to anyone who has watched American politics that even-handedness is not a matter of observing constitutional limits on government’s reach, regardless of who asks for an exception; it is, rather, a matter of expanding the privileges bestowed by government so that no one is excluded. It follows that the recognition and punitive enforcement of same-sex “marriage” would be followed by the recognition and bestowal of benefits on other arrangements, including transient “partnerships” of convenience. And that surely will weaken heterosexual marriage, which is the axis around which the family revolves. The state will be saying, in effect, “Anything goes. Do your thing. The courts, the welfare system, and the taxpayer — above all — will pick up the pieces.” And so it will go.

Almost six years ago, I constructed following parable (here), which builds on a post by Maggie Gallagher (part of a series at The Volokh Conspiracy on the subject of same-sex marriage):

Imagine a society that depends on the camel (the family, in this analogy) for transportation across a dangerous desert and into an oasis of civility. A camel that is operated by a man and a woman — joined contractually to do their best to steer the camel from danger — is most likely to arrive at its destination safely because the man and woman have complementary skills, and because they (and their offspring, to break the analogy for a moment) are bonded in an irreplicable biological symbiosis. A camel that is operated by either a man or a woman alone is next most likely to arrive at its destination safely because a sole operator, knowing that he or she lacks certain skills, is at least likely to try to compensate for that lack. A camel that is operated by two persons of the same sex is least likely to arrive at its destination safely because: (1) the operators’ bonding can never be as complete as that of a man-woman team and (2) the operators deliberately choose to omit half the skills required for the job.

Those differences might have only a marginal effect on the overall success of camel-driving operations if the state were not involved in licensing and supporting camel drivers. But the state is involved in licensing and supporting camel drivers, and it has done poorly by the camel in the process. The state began many years ago to encourage solo camel driving by enabling man-woman teams to break their contracts at will instead of trying to work out their differences. (The lesson: When the state sends signals about private arrangements, private arrangements tend to align themselves with the signals being sent by the state.) The state later began to encourage yet more solo camel driving by subsidizing women for driving solo (for raising children out of wedlock, that is) and fostering the dereliction of camel-driving duty in the name of “equality” (as if camel driving were a lesser occupation than, say, camel trading). Now the state is beginning to encourage the formation of man-man and woman-woman camel-driving teams. Given the state’s record in such matters, the predictable outcomes of that development are these:

  • An increasing proportion of camels will be driven by same-sex teams, thus decreasing the likelihood that camels will arrive safely at the oasis of civility.
  • A decreasing proportion of men and women will feel the need to form opposite-sex camel-driving teams, as they see that the state (having usurped society’s role in legitimating and supporting camel driving teams) values such teams less and less, thus even further decreasing the likelihood that camels will arrive safely at the oasis of civility.

Given the signals being sent by the state, the rate of formation of traditional, heterosexual marriages will continue to decline. (According to the Census Bureau, the percentage of adult males who are married dropped steadily from 71.1 percent in the 1960 census to 58.6 percent in the 2000 census; for females, the percentage dropped from 67.4 to 54.6. (The latest available figures, for 2009, show no significant change since 2000.) About half of each drop is explained by a rise in the percentage of adults who never marry, the other half by a rise in the percentage of divorced adults. Those statistics are what one should expect when the state signals — as it began to do increasingly after 1960 — that traditional marriage is no special thing by making it easier for couples to divorce, by subsidizing single mothers, and by encouraging women to work outside the home.

The well-known effects of such policies include higher rates of crime and lower levels of educational and economic achievement. (See this and this, for example.) Same-sex marriage would multiply these effects for the sake of mollifying a small minority of the populace.

“EQUAL PROTECTION OF THE LAWS” DOES NOT DICTATE SAME-SEX “MARRIAGE”

When all else fails, special-pleaders claim that to deprive a particular class of persons of a particular right is to deprive them of the “equal protection of the laws,” as guaranteed by the Fourteenth Amendment. The current, perverted interpretation of Equal Protection — as applied by the proponents of same-sex “marriage” — leads to this:  Despite the fact that marriage is good for society and should not be undermined, Equal Protection (in the perverse view) requires that marriage be undermined by redefining it. The law, in other words, cannot discriminate among individuals if there are objections by (or on the part of) those who are discriminated against. The reasonableness of the discrimination is of no account. Thus, in the not-so-far-fetched-extreme, criminals may not be discriminated against by putting them into prisons, but must enjoy the same amenities as law-abiding citizens.

Consider the infamous Proposition 8 case, Perry v. Schwarzenegger, which was decided last year by U.S. District Judge Vaughn Walker (who has since retired and admitted his special interest in the case, as a homosexual in a “committed” relationship). Judge Walker addresses equal protection thusly:

The Equal Protection Clause of the Fourteenth Amendment provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.”…

Proposition 8 targets gays and lesbians in a manner specific to their sexual orientation and, because of their relationship to one another, Proposition 8 targets them specifically due to sex. Having considered the evidence, the relationship between sex and sexual orientation and the fact that Proposition 8 eliminates a right only a gay man or a lesbian would exercise, the court determines that plaintiffs’ equal protection claim is based on sexual orientation, but this claim is equivalent to a claim of discrimination based on sex.

The circularity of Judge Walker’s reasoning with respect to equal protection begins much earlier in his decision, where he writes that

The right to marry has been historically and remains the right to choose a spouse and, with mutual consent, join together and form a household. Race and gender restrictions shaped marriage during eras of race and gender inequality, but such restrictions were never part of the historical core of the institution of marriage. Today, gender is not relevant to the state in determining spouses’ obligations to each other and to their dependents. Relative gender composition aside, same-sex couples are situated identically to opposite-sex couples in terms of their ability to perform the rights and obligations of marriage under California law. Gender no longer forms an essential part of marriage; marriage under law is a union of equals.

But the right to marry, historically, has been the right to choose a spouse of the opposite sex, not merely to choose a spouse. Judge Walker even acknowledges that fact, inadvertently, when he puts aside “relative gender composition,” as if it were a mere trifle and not central to a social tradition that dates back millennia and should not be swept aside casually by a judge because he finds it “irrational,” on the basis of spurious social science. Walker then says that “gender is not relevant,” thus circularly assuming that which is to be proved. As if in support of that assertion he asserts, laughably, that “gender restrictions … were never part of the historical core of the institution of marriage.”

In sum, Judge Walker approaches the constitutional matter of equal protection by assuming that gays have the right to marry. Given that assumption, it is easy to assert that Proposition 8 amounts to a denial of equal protection for gays who seek to marry.

THE STATE SHOULD PROTECT MARRIAGE, NOT DESTROY IT

Although it is true that heterosexual unions have their problems, those problems have been made worse by the intercession of the state. And if the state legitimates same-sex “marriage” civil society will suffer a devastating injury.

Near-sighted, special-pleading proponents of same-sex “marriage,” even if faced with its anti-libertarian ramifications, will say that it is only “fair” to legalize it, and discriminatory or bigoted to deny it. These are the proper response to such playground taunts:

  • Marriage was neither created nor sustained for negative reasons. The preservation of a time-honored, beneficial, voluntary, social institution is no more discriminatory or bigoted than the preservation of, say, an honorary society that is open only to persons who excel in particular ways.
  • The legalization of homosexual “marriage” is unfair to the vast majority of Americans whose well-being depends on the proper functioning of traditional marriage, which is a bulwark of civil society.

Therefore, given that the state is deeply and irretrievably involved in marriage, I reject the unrealistic libertarian nostrum that the state ought not to have anything to do with marriage. The reality of the state’s continuing involvement with marriage leads me to embrace the consequentialist position that the state ought to preserve it by refusing to change its time-honored character as the union of one man and one woman.

The alternative is to advance further down the slippery slope toward societal disintegration and into the morass of ills which accompany that disintegration. (We have seen enough societal disintegration and costly consequences since the advent of the welfare state to know that the two go hand in hand.)

Faced with a choice between libertarian shibboleth and libertarian substance, I have chosen substance. I now say: Ban homosexual marriage and avoid another step down the slippery slope toward incivility and bigger government.

Related posts:
I Missed This One
A Century of Progress?
The Marriage Contract
Feminist Balderdash
Libertarianism, Marriage, and the True Meaning of Family Values
Consider the Children
Marriage and Children
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
Parenting, Religion, Culture, and Liberty
“Family Values,” Liberty, and the State
On Liberty
Civil Society and Homosexual “Marriage”
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
Pseudo-Libertarian Sophistry vs. True Libertarianism
Libertarian Conservative or Conservative Libertarian?
Liberty, Equality, Fraternity: Part I
Bounded Liberty: A Thought Experiment
More Pseudo-Libertarianism
The Meaning of Liberty
Positive Liberty vs. Liberty

__________
1. I enclose “libertarians” in quotation marks because many (most?) self-described libertarians espouse policies that are, in fact, anti-libertarian. The legalization of same-sex “marriage” is one such policy, as I explain in this post; abortion is another salient one; others include a weak national defense, borders that are open to prospective supporters and beneficiaries of the welfare state, reflexive softness toward criminals, and a willingness to sacrifice the property rights of others to prove their own bona fides in matters of race. For more, see these posts:
On Liberty
Line-Drawing and Liberty
Pseudo-Libertarian Sophistry vs. True Libertarianism

Libertarian Conservative or Conservative Libertarian?
Liberty, Equality, Fraternity: Part I
Bounded Liberty: A Thought Experiment
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
On Self-Ownership and Desert

2. DOMA, as explained here, seems to have two legal effects:

DOMA Section 2 … relieves states of a constitutional obligation to enforce judicial custody, alimony or other orders made in other states that involve recognition of same-sex marriages…. It is unclear … whether states already had the power to refuse recognition in these cases before the enactment of DOMA, and whether the U.S. Constitution allows Congress to modify such state authority.

DOMA’s Section 3 prevents the federal government from recognizing the validity of same-sex marriages….

Later:

Section 2 of DOMA explicitly addresses the constitutional requirement expressed in the Full Faith and Credit Clause in Article IV Section 1 of the United States Constitution, quoting its language directly. That clause establishes that the states have certain reciprocal obligations to one another, specifically to recognize each other’s “public Acts, Records, and judicial Proceedings.” That same section of the Constitution gives Congress the authority to legislate on the question of those obligations. Section 2 of DOMA excludes same-sex marriages from the state “acts” that any other state needs to recognize.

[Regarding] Section 3 of DOMA…. On February 23, 2011, Attorney General Eric Holder and President Obama announced their conclusion that “a more heightened standard of scrutiny” is necessary for sexuality-based classifications and consequently… DOMA Section 3 is unconstitutional.

In other words, a constitutional act — which legitimately allows the citizens of the various States to define marriage for themselves — is cast aside precisely because the citizens of some States might reject same-sex “marriage.” Obama and Holder, in other words, have taken it upon themselves to grant same-sex “marriage” the same status as traditional marriage. Their “reasoning,” I suspect, flows from the circular application of the “equal protection” clause of the Fourteenth Amendment that I discuss here.