The Feds and "Libertarian" Paternalism

President Bush today signed into law the Pension Protect Act of 2006. Why the federal government — or any government in the U.S. — is in the business of regulating and insuring pension plans is another whole story, as they say. (See this for a general treatment of the erosion of the Constitution’s meaning. See this about liberty of contract, which applies to the States.)

In reading McGuireWoods’s detailed summary of the act, I am especially struck by this:

The Internal Revenue Service (“IRS”) has permitted automatic enrollment of employees in 401(k) plans since 1998. The PPA adds a number of provisions to the Code and ERISA to facilitate and encourage automatic enrollment.

A victory of sorts for “libertarian paternalists.” A defeat for liberty and, in particular, liberty of contract and the right to make decisions and learn from their consequences.

Related post: Another Voice Against the New Paternalism (with links to several other related posts)

Carnival of Links

I collect interesting links, group them by topic, and dump each related set of links into a draft post. Then, using the links as a starting point, I convert the draft to a full-blown post, as I have time.

I still have many interesting links in my collection that I probably won’t build into full-blown posts. Rather than hoard or discard those links, I present them here, organized by topic and with brief descriptions.

Liberty and the State

Mere Libertarianism: Blending Hayek and Rothbard: Agree or not with the author’s premises and conclusions, it’s an informative comparison of the two main schools of libertarianism.

Anarchism: Further Thoughts: An analysis of the varieties of anarchism and the faults of each.

Tax Rates Around the World: A brief post about the disincentivizing effects of high tax rates.

Paternalism and Psychology: A different look at the wrongness of “libertarian paternalism.”

Principles and Pragmatism: Why one libertarian blogger prefers idealism to pragmatism.

Lochner v. New York: A Centennial Perspective: (go to download link for full paper) The author of this long paper suggests that Lochner‘s much reviled “substantive due process” holding is in fact the basis for key Supreme Court decisons (e.g., Griswold v. Connecticut, Roe v. Wade, and Lawrence v. Texas).

Terrorism, War, and Related Matters

Apply the Golden Rule to Al Qaeda?: Why it makes no sense to apply Common Article 3 of the Geneva Conventions to terrorist detainees.

Captain Ed’s archive on Saddam’s Documents: A collection of posts about Saddam’s WMDs and terrorist ties.

The ACLU and Airport Security: How the ACLU is trying to depict behavior profiling as racial profiling.

Infinite Hatred: Considers and rejects the idea that it is futile to kill terrorists.

They, the People: An essay that parses the degrees of conflict and suggests that all-out war is the best way to change the hearts and minds of the enemy.

The Brink of Madness: A Familiar Place and The Mideast’s Munich: War with the Mullahs Is Coming: Two persuasive arguments that the West’s present mindset is like that which prevailed at the time of the Munich Agreement in 1938.

Sustaining Our Resolve: A sober but upbeat assessment of the prospects for the Middle East and the war on terror, by George P. Schultz.

Is the Bush Doctrine Dead?: An analysis by Norman Podhoretz.

Code Red: In which the writer tackles several anti-war and anti-anti-terror shibboleths.

Presidential Signing Statements

Bush’s Tactic of Refusing Laws Is Probed: An article about a panel of the American Bar Association’s so-called probe of Bush’s signing statements. (This WaPo article is anti-Bush, of course, but it sets the stage for the next two links.)

Enforcing the Constitution: A brief post defending signing statements.

The Problem with Presidential Signing Statements: A longer analysis of signing statements that also defends them.

Ideas

The Fifty Worst (and Best) Books of the Century: A distinguished panel of libertarian-conservatives compiles a list of the worst and best. The lists of worsts seems about right. The list of bests includes too many boring “classics.”

“Fake but Accurate?” Science: A scathing indictment of the “hockey stick” curve — which purports to show that global warming is only a recent phenomenon — its author, and its coterie of defenders.

The Problem of the Accuracy of Economic Data: An exposition of the spurious precision of economic statistics and analyses based on them.

Taking On Torture

There is a reason for the United States to abjure torture. That reason can be summarized thusly: We could allow torture in exigent circumstances (e.g., to save the life of a kidnapped child who has been buried in a sealed container, where the perpetrator is in custody and is unwilling to disclose the child’s location). But if we do that, it is likely that the precedent will result in the use of torture in circumstances where an innocent person is tortured to no avail.

As an answer to that objection, there is Alan Dershowitz’s proposal to legitimate and regulate torture (as summarized at Wikipedia):

Although [Dershowitz] claims to be personally against the use of torture, he believes that authorities should be permitted to use non-lethal torture in a “ticking bomb” scenario, regardless of whether international law permits it, and that it would be less destructive to the rule of law to regulate the process than to leave it up to the discretion of individual law-enforcement agents. Under his proposal, the government would not be allowed to prosecute the torture subject based upon information revealed under that interrogation method. “If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice”. [A CNN interview of Dershowitz on this subject is here.]

Relatedly, Tom Bevan of the RealClearPolitics Blog writes about an exchange between Charles Krauthammer and Michael Kinsley:

Last December Charles Krauthammer argued the following in a Weekly Standard cover story:

However rare the cases, there are circumstances in which, by any rational moral calculus, torture not only would be permissible but would be required (to acquire life-saving information). And once you’ve established the principle, to paraphrase George Bernard Shaw, all that’s left to haggle about is the price. In the case of torture, that means that the argument is not whether torture is ever permissible, but when–i.e., under what obviously stringent circumstances: how big, how imminent, how preventable the ticking time bomb.

Michael Kinsley responded the following week, calling Krauthammer’s argument a case of “salami-slicing:”

You start with a seemingly solid principle, then start slicing: If you would torture to save a million lives, would you do it for half a million? A thousand? Two dozen? What if there’s only a two-out-of-three chance that person you’re torturing has the crucial information? A 50-50 chance? One chance in 10? At what point does your moral calculus change, and why? Slice the salami too far, and the formerly solid principle disappears.

If the reports out of Pakistan are true [that Pakistan used torture to develop the intelligence that led to the breakup of the plot to take down 10 UK-U.S. flights], this theoretical debate just became much more interesting, because we now have a very real slice of salami. If more than four thousand lives were saved as a direct result of intel obtained using torture, does that make it justified? I think it’s clear what Krauthammer would say. But what about Kinsley? Are four thousand innocent lives a big enough slice of salami for him?

Krauthammer seems to subscribe to something along the lines of Dershowitz’s proposal. Kinsley does not, because he is worried about proportionality. In Kinsley’s case, the proportion must be, say, tens of potential victims saved for every act of torture. That’s akin to the foolish notion that it is better that ten [or 100] guilty persons escape than that one innocent suffer. But, as I put it here,

Better for whom? It’s better for the guilty, who may claim more victims, but certainly not better for those victims. [See also this post.]

With respect to torture, the right proportion, under the right circumstances, is one to one. Why should the life of, say, one kidnapped child be sacrificed because we are unwilling to condone the torture of one known perpetrator? Where’s the morality in that?

It seems to me that given the circumstances now surrounding the United States, we should openly adopt a policy along the lines of Dershowitz’s proposal, as opposed to posturing piously about torture à la John McCain.

Other related post: A Rant about Torture

An Argument Against Abortion

Don Marquis, a professor of philosophy at the University of Kansas, is the author of “Why Abortion Is Immoral” (Journal of Philosophy, Vol. 86, No. 4 (Apr., 1989), pp. 183-202). The full text of Marquis’s paper seems to be unavailable on the web, except for a fee (here).

This post gives a thumbnail version of Marquis’s argument, based on an interview of Marquis by Hugh LaFollette, host of the (defunct) program Ideas and Issues at WETS-FM. The interview, which lasts about 25 minutes, was broadcast on February 8, 1997. Here’s a synopsis:

To understand what’s wrong with abortion, start by asking what’s wrong with murder. It is depriving a person of a future of value, if a person has such a future. That is the best explanation of why we think it’s wrong to kill except in exigent circumstances. For example, it would be merciful to kill a person who is trapped in a burning car and dying in agony. (Presumably, killing murderers in the service of justice and enemies self-defense are similarly defensible because such acts protect lives of value.)

Given the wrongness of killing (in most circumstances), it’s wrong to kill an infant because it deprives the infant of its future of value. Similarly, it’s wrong to kill a fetus, for the same reason.

What about the objection that an adult has interests but a fetus does not? A fetus is an undeveloped human being that will have interests.

What about the objection that an adult is conscious and aware, whereas a fetus in early stages of development is not. The fetus will be conscious and aware, just as a person in a termporary coma will be conscious and aware. If killing the person in a coma is wrong, killing an early-stage fetus is wrong for the same reason.

What about contraception? Contraception does not end the life of a definite individual with a future. There is an individual after conception, but not before.

What about the status of the mother who is carrying a fetus. Isn’t her life worth consideration? Shouldn’t she have a choice? Liberty always is constrained by moral considerations. In this instance, it is right to restrict the liberty to abort, because abortion is wrong.

More detailed summaries of Marquis’s argument against abortion can be found here and here.

Related posts:
I’ve Changed My Mind
Next Stop, Legal Genocide?
Here’s Something All Libertarians Can Agree On

It Can Happen Here: Eugenics, Abortion, Euthanasia, and Mental Screening
Creeping Euthanasia
PETA, NARAL, and Roe v. Wade
Flooding the Moral Low Ground
The Beginning of the End?
Peter Singer’s Fallacy
Taking Exception
Protecting Your Civil Liberties

Where Conservatism and (Sensible) Libertarianism Come Together
Conservatism, Libertarianism, and Public Morality
The Threat of the Anti-Theocracy
The Consequences of Roe v. Wade
The Old Eugenics in a New Guise
The Left, Abortion, and Adolescence
Law, Liberty, and Abortion
Oh, *That* Slippery Slope
Abortion and the Slippery Slope
The Cynics Debate While Babies Die
The Slippery Slope in Holland
The Slippery Slope in England
The Slipperier Slope in England
The Slippery Slope in New Jersey

If Liberty Depends on Democracy, We’re Doomed to Slavery

Seven dwarfs more famous than US judges: poll

NEW YORK (Reuters) – Three quarters of Americans can correctly identify two of Show White’s seven dwarfs while only a quarter can name two Supreme Court Justices, according to a poll on pop culture released on Monday.

Democracy is “Government by the people, exercised either directly or through elected representatives.” LIberty is “Freedom from unjust or undue governmental control.” Yet, as we know very well, “the people’s representatives” have piled one and another form of unjust and undue governmental control on us since the advent of TR and his cousin, FDR.

The conflation of “democracy” and “liberty” must stop. They are most decidedly not the same thing.

An Un-Happy Birthday to Social Security

Social Security turns 71 today. It’s still unconstitutional.

Related post: Social Security: The Permanent Solution

Leni Riefenstahl Redux

Mike Wallace does for Iran’s Ahmadinejad what Leni Riefenstahl did for Hitler.

Testing, Testing

From the Associated Press:

Chertoff says U.S. needs more authority

WASHINGTON – The nation’s chief of homeland security said Sunday that the U.S. should consider reviewing its laws to allow for more electronic surveillance and detention of possible terror suspects, citing last week’s foiled plot.

Michael Chertoff, secretary of the Department of Homeland Security, stopped short of calling for immediate changes, noting there might be constitutional barriers to the type of wide police powers the British had in apprehending suspects in the plot to blow up airliners headed to the U.S.

But Chertoff made clear his belief that wider authority could thwart future attacks at a time when Congress is reviewing the proper scope of the Bush administration’s executive powers for its warrantless eavesdropping program and military tribunals for detainees held at Guantanamo Bay, Cuba.

“What helped the British in this case is the ability to be nimble, to be fast, to be flexible, to operate based on fast-moving information,” he said. “We have to make sure our legal system allows us to do that. It’s not like the 20th century, where you had time to get warrants.”

The outcry from “civil libertarians” is bound to be loud and shrill. “Civil libertarians” are focused exclusively on the protection of “rights” for the sake of, well, protecting “rights.” They take no interest in actually protecting fundamental rights: life, liberty, and the pursuit of happiness.

P.S. Score one for the defenders of life, liberty, and the pursuit of happiness in their battle against the American “Civil Liberties” Union. The right not to be bombed triumphs over the “right” not to be searched in NYC.

Related post: Privacy: Variations on the Theme of Liberty

Baseball Managers: A Recyclable Commodity?

It’s a commonplace that major league managers are fired by one team only to be hired by another. The managerial history of the current crop of managers is given below. Here’s an overview:

  • 12 of the 30 managers have managed only 1 team
  • 9 have managed 2 different teams
  • 6 have managed 3 different teams
  • 3 have managed 4 different teams.

A closer look:

  • 40 percent (12) of the present managers have managed only 1 team
  • the other 60 percent (18) have managed an average of 2-2/3 different teams (a total of 48 managing stints)
  • 8 of those 48 managing stints have spanned 10 or more seasons; 17 stints have spanned 5 or more seasons
  • the 18 team-switching managers have switched 30 times (1-2/3 times per manager)
  • the average gap between stints has been 3 seasons
  • 40 percent (12) of the switches were immediate (during a season or in consecutive seasons)
  • the immediate switches involved 50 percent (9) of the managers who have managed 2 or more teams.

Are major-league managers a recyclable commodity? I report, you decide.
__________

The managers and their teams and seasons (including partial seasons):

Felipe Alou

Montreal Expos, 1992-2001
San Francisco Giants, 2003-

Dusty Baker

San Francisco Giants, 1993-2002
Chicago Cubs, 2003-

Buddy Bell

Detroit Tigers, 1996-1998
Colorado Rockies, 2000-2002
Kansas City Royals, 2005-

Bruce Bochy

San Diego Padres, 1995-

Bobby Cox

Atlanta Braves, 1978-1981
Toronto Blue Jays, 1982-1985
Atlanta Braves, 1990-

Terry Francona

Philadelphia Phillies, 1997-2000
Boston Red Sox, 2004-

Ron Gardenhire

Minnesota Twins, 2002-

Phil Garner

Milwaukee Brewers, 1992-1999
Detroit Tigers, 2000-2002
Houston Astros, 2004-

Joe Gerardi

Florida Marlins, 2006-

John Gibbons

Toronto Blue Jays, 2004-

Ozzie Guillen

Chicago White Sox, 2004-

Mike Hargrove

Cleveland Indians, 1991-1999
Baltimore Orioles, 2000-2003
Seattle Mariners, 2005-

Clint Hurdle

Colorado Rockies, 2002-

Tony LaRussa

Chicago White Sox, 1979-1985
Oakland Athletics, 1985-1995
St. Louis Cardinals, 1996-

Jim Leyland

Pittsburgh Pirates, 1986-1996
Florida Marlins, 1997-1998
Colorado Rockies, 1999
Detroit Tigers, 2006-

Grady Little

Boston Red Sox, 2002-2003
Los Angeles Dodgers, 2006-

Ken Macha

Oakland Athletics, 2003-

Joe Maddon

California/Anaheim Angels, 1996, 1999
Tampa Bay Devil Rays, 2006-

Charlie Manuel

Cleveland Indians, 2000-2002
Philadelphia Phillies, 2005-

Bob Melvin

Seattle Mariners, 2003-2004
Arizona Diamondbacks, 2005-

Jerry Narron

Texas Rangers, 2000-2001
Cincinnati Reds, 2005-

Sam Perlozzo

Baltimore Orioles, 2005-

Willie Randolph

New York Mets, 2005-

Frank Robinson

Cleveland Indians, 1995-1997
San Francisco Giants, 1981-1984
Baltimore Orioles, 1988-1991
Montreal Expos/Washington Nationals, 2002-

Mike Scioscia

Anaheim/Los Angeles Angels, 2000-

Buck Showalter

New York Yankees, 1992-1995
Arizona Diamondbacks, 1998-2000
Texas Rangers, 2003-

Joe Torre

New York Mets, 1977-1981
Atlanta Braves, 1982-1984
St. Louis Cardinals, 1990-1995
New York Yankees, 1996-

Jim Tracy

Los Angeles Dodgers, 2001-2005
Pittsburgh Pirates, 2006-

Eric Wedge

Cleveland Indians, 2003-

Ned Yost

Milwaukee Brewers, 2003-

Two Views of Liberty

1. The purist:

Liberty — the right to do as one wishes as long as one does not harm others — is an inherent right, something that humans are born with. Therefore, no one need prove than liberty is superior to statism or other totalitarian philosophies (e.g., Islamism). Liberty would reign in a world of statelessness, where all relations and transactions are consensual.

2. The realist:

The precise contours of liberty depend very much on agreement about harms, which are defined through politics (interpersonal and intergroup bargaining). Liberty, thus defined, is sustained by defending it politically and, as necessary, with force. The justification for liberty (or more rather than less of it) depends very much on evidence that it is superior to statism or other totalitarian philosophies.

Not all nations and peoples subscribe to the notion of liberty. Those who do must be prepared defend it against those who do not, even to the point of acting preemptively. Moreover, the government of a nation must be prepared to defend liberty over the objections of some of its citizens — and by means that not all will applaud.

Liberty — like economic and scientific achievements — requires leadership as well as cooperation, it does not simply “happen.” The ideal world of stateless consent is just that: an ideal. The real world is fraught with predators, persons of ill will (e.g., persons whose allegiance is to party rather than nation), and dupes. Predators succeed in crushing liberty where a nation’s politics are dominated by dupes and persons of ill will.

Related: Consent of the Governed and the many posts linked therein, especially these:

Practical Libertarianism for Americans (links to a series; see especially The Origin and Essence of Rights)
The Meaning of Liberty (a series gathered in a single post)
Actionable Harm and the Role of the State
Varieties of Libertarianism

Also: Com-Patriotism and Anti-Patriotic Acts

A Message to Our Domestic Enemies

Yesterday I quoted Alan Furst. In light of last night’s events in the UK, I repeat what Mr. Furst said:

[G]ood people don’t spend much time being good, mostly they want to mow the lawn and play with the dog, whereas bad people spend all their time being bad, or thinking up ways to be worse. Then, one day, the good people have to turn around and do something, or the whole thing will go off the cliff.

Any person or institution who stands in the way of detecting and preventing terrorism is traitorous. Do you read me, George Soros, Mikhail Moore, Cindy Sheehan, The New York Times, and the ACLU?

UPDATE: There should be a special place in hell for leakers.

Related post: Com-Patriotism and Anti-Patriotic Acts

The Problem of Good vs. Evil

[G]ood people don’t spend much time being good, mostly they want to mow the lawn and play with the dog, whereas bad people spend all their time being bad, or thinking up ways to be worse. Then, one day, the good people have to turn around and do something, or the whole thing will go off the cliff.

Alan Furst, author of several best-selling novels about espionage, set in Europe before and during World War II. From an interview posted at TCS Daily.

Com-Patriotism and Anti-Patriotic Acts

This post isn’t about compatriots, who are persons who happen to be citizens of the same nation. This is about com-patriots — persons who happen to be citizens of the same nation and who share a moral commitment to the defense of that nation and its ideals. This post is necessarily also about anti-patriots — citizens who do not evidence the same moral commitment. The nation in question, of course, is the United States.

What, then, is American com-patriotism? I begin with this definition of patriotism:

Love of and devotion to one’s country.

Which I expand to get American com-patriotism, which is decidedly not mere flag-waving. It is:

  • A devotion to the ideals of life, liberty, and property, to which the nation was dedicated by the Declaration of Independence.
  • An understanding that the attainment of the Declaration’s ideals is served through the Constitution’s essential principles: (a) a limited role for government in the affairs of citizens; (b) mutual defense of the life, liberty, and property of citizens.
  • Defense of the nation’s ideals against enemies — foreign and domestic — by upholding the principles of the Constitution.

There are many legitimate ways by which a citizen may contribute to the defense of the nation’s ideals; for example: reasoned questioning of the aims, policies, and actions of government; honorable service in the armed forces; or reasoned challenges to those who seek to use the levers of government to deprive their citizens of liberty and property. Such are com-patriotic acts.

But it is not com-patriotic to speak or act in blatant disregard of the nation’s founding ideals and principles of governance; for example:

  • It is reprehensible to publish in The New York Times (or any other newspaper) detailed accounts of various necessarily secret efforts to combat terrorism. (Some would, with justification, call it treasonous.)
  • It is hypocritical to profess love of country and then to oppose efforts to combant terrorism — without offering feasible alternatives — simply because you abhor Republicans generally and the Republican president particularly.
  • It is arrogant of the fat-cats who inhabit Congress to cry crocodile tears about the plight of this year’s fashionable underdog, and then to make that underdog’s supposed plight yet another excuse for assuming powers not granted by the Constitution — at the expense of all diligent non-underdogs.
  • It is abhorrent that the justices of the U.S. Supreme Court subvert the clear meaning of the Constitution, as they acquiesce in the arrogance of Congress and commit their own feats of arrogance, solely for the purpose of assuaging their personal (non-legal) preferences) and in complete disregard of the rule of law.

Such acts endanger the lives, liberty, and property of peaceable, honorable Americans. Such acts flout the Constitution. They are not to be tolerated. They must be called what they are: anti-patriotic. That is what I will call them at every opportunity.

Related reading: American Exceptionalism (Wikipedia), Points of No Return (Eternity Road)

Related posts:
Patriotism and Taxes
Why Sovereignty?
Shall We All Hang Separately?
Foxhole Rats
Treasonous Speech?
Foxhole Rats, Redux
Know Thine Enemy
The Faces of Appeasement
Whose Liberties Are We Fighting For?
Words for the Unwise
More “McCarthyism”
More Foxhole Rats
Moussaoui and “White Guilt”
The New York Times: A Hot-Bed of Post-Americanism
Post-Americans and Their Progeny
Certain Unalienable Rights
The First Roosevelt
American Royalty
“Peace for Our Time”
Anti-Bush or Pro-Treason?
Consent of the Governed
Kelo, Revisited
Parsing Peace
Slopes, Ratchets, and the Death Spiral of Liberty

My Alma Mater in (Typical) Action

From WorldWideStandard.com:

The Center for Naval Analyses has just released a report on “Managing Civil Strife and Avoiding Civil War in Iraq.” A senior military analyst emailed me his take after reviewing the report:

There are two interesting things about this report, in my view. First, although the panelists identified the power vacuum [see here for more on the roots of this vacuum) as the greatest factor contributing to the rise of militias on both sides, they assume, apparently without much discussion, that the US can do nothing to fill this vacuum. Second, they focus almost entirely on recommending solutions that rely on improvements in things we have the least control and leverage over. . . .

The discussion about what to do in Iraq is spinning off into never-never land as people focus ever more on irrelevant theories and propose solutions that can’t be implemented. . . .

This piece by Dexter Filkins in today’s New York Times seems to confirm much of the above.

Typical. It’s just what you’d expect from an institution which is headed by a self-described “Carter Democrat,” and the staff of which comprises too many political non-scientists, whose idea of finding the truth is to convene “balanced” panels of bloviators. Yet one more bit wasteful exercise in self-aggrandizement, at the taxpayers’ expense.

P.S. The first link in the block quotation takes you to the home page of the Center’s parent organization, The CNA Corporation. The conference report in question is here.

Life’s Lessons

It is good to be trusting, as long as you first verify the trustworthiness of those in whom you place your trust.

Patience yields many rewards, not the least of which are accomplishment and payback.

Impatience often results in making decisions based on too little information, which is to say, it usually leads to mistakes.

Rage can be useful, if it is well controlled and carefully targeted. That rules out spontaneous rage as a useful emotion.

Emotion is more powerful than reason. Emotion is more easily communicated. Emotion appeals to emotion and blackmails reason. Those who try to rely solely on reason usually overlook the power of emotion, and they fail to see it at work in themselves.

Making a commitment and living up to it is good practice for marriage.

Love changes as one grows older. It becomes less self-centered and more truly reciprocal; that is, it becomes less fragile. But it cannot survive frequent betrayals of trust.

It is good to admit mistakes, if only to oneself. Admission helps to convert mistakes into lessons.

A person can cope with life’s disappointments by dwelling on slights and harms committed by others or by ignoring them and looking for things to accomplish. For accomplishment cancels disappointment.

A mind that has not been stretched by constant learning and hard thinking becomes flabby and betrays its owner. It becomes a warehouse of unreliable memories instead of a machine that produces rational thoughts and feasible plans.

Sometimes I wish I had known in my 20s what I know in my 60s. Then it occurs to me that one of the joys of growing older is the possibility of learning about life.

Wisdom from Roger Scruton

Roger Scruton, if you haven’t heard of him, is a conservative English philosopher. I first came across Scruton through his book of essays, Untimely Tracts. Marvelous reading. Scruton is witty, erudite, and articulate — everything one would expect of graduate of Jesus College, Cambridge. He is, moreover, bitingly and devastatingly iconoclastic about the idols of the Left. Nor does he spare conservatives and libertarians.

In any event, I recently found a speech given by Scruton two years ago, “An Englishman Looks at American Conservatism in the New Century.” In the course of the speech Scruton says that

the underlying purpose of left-wing argument is not to conserve existing things but to destroy them. It is always so much easier to find arguments against the imperfect customs of human society than arguments in favour of them, and so much easier to posture as the virtuous champion of the underdog than as the prudent defender of social hierarchy and other such ‘permanent things’.

What is neo-conservatism, really? Here is Scruton’s take:

When Irving Kristol, Norman Podhoretz, Midge Decter and Gertrude Himmelfarb first staked out what came to be known as the neo-conservative position it was very obviously an attempt to repossess the European cultural inheritance, and to reaffirm for a secular community the moral values of the Judaeo-Christian tradition. It was a belated endorsement of the culture that was taken so much for granted by the Founding Fathers that it never occurred to them to make explicit that the Constitution was premised on it.

He talks about conservatism, American foreign policy, and the war in Iraq:

For me, the true conservative approach in international relations is that adopted by the paleo-conservatives – namely to do whatever is required by the national interest, but to leave others to their fate. However, I also think that leaving others to their fate is not always in the national interest. The September 11th attacks awoke America to the existence of enemies that it had neglected to uncover and therefore failed to destroy. Whether it was right or wrong to invade Iraq, I believe that the motive for the invasion was one that all conservatives – whether neo or paleo, American or European – could endorse, namely a perception that the national interest required it. That perception may have been wrong. But it was not so obviously wrong that a responsible president could merely choose to ignore it – as Mr. Clinton chose to ignore the persistent threats from al-Qa’eda during his presidency.

The difficulty for American foreign policy is that America is always held to a much higher standard than any other country. To be precise, America is required always to have some other motive than self-interest when it goes to war, and is therefore compelled – in the forum of world opinion – to justify its belligerence in terms of benefits conferred on others. We invaded Iraq, the President will find himself saying, in order to bring law, rights and democracy to a people which had suffered under tyranny. We will do what is necessary to confer these benefits, and then we will withdraw. It is somehow not acceptable to world opinion – though it would be perfectly acceptable to me, as an English conservative – for the President to say ‘we invaded Iraq in order to destroy a tyrant who presented a real threat to our security. Having destroyed him we will leave, and allow Iraqis to get on with their lives’. It is not American conservatism that has led to a foreign policy of democratic internationalism, but the tyranny of liberal opinion, which won’t allow to America what every other country claims by right, namely, the freedom to make war in the national interest. America is allowed to make war, but only in the international interest, as this is defined by liberals.

As for “world opinion”:

As the world’s most successful country, the place where almost all its critics want to live and whose generosity all its enemies are determined to enjoy, America occupies a large place in the envy and aspiration of the world’s people. Americans believe that people will therefore love them. In fact it means that people will hate them. Human nature is so framed that, unless rescued by a large dose of humility, people will hate those who possess what they covet. They will destroy what they cannot create. And the sight of freedoms enjoyed by a people who seem to have no special entitlement to them, other than being born in the right place at the right time, gets up the nose of snobs, failures and fanatics everywhere.

Toward the end, Scruton returns to the meaning of “conservatism”:

Conservatism, as I understand it, means maintenance of the social ecology. Individual freedom is a part of that ecology, since without it social organisms cannot adapt. But freedom is not the sole or the true goal of politics. Conservatism and conservation are in fact two aspects of a single long-term policy, which is that of husbanding resources. These resources include the social capital embodied in laws, customs and institutions; it also includes the material capital contained in the environment, and the economic capital contained in a free but law-governed economy. The purpose of politics, in my view, is not to rearrange society in the interests of some over-arching vision or ideal, such as equality, liberty or fraternity. It is to maintain a vigilant resistance to the entropic forces that erode our social and ecological inheritance. The goal is to pass on to future generations, and if possible to enhance, the order and equilibrium of which we are the temporary trustees.

Agree with Scruton or not, you will learn from him. You will learn not just because he sometimes supplies arguments that buttress your beliefs, but also because he challenges your beliefs and forces you to consider them more carefully.

Century Plant Blogging

Our neighborhood boasts a mature century plant, which has a life span of about 25 years. It blooms only once, and then dies. The flower spike (main stalk) of “our” century plant sprouted in April. It rose to a height of 20-25 feet. Flower stems began to appear on it in May. It was in full bloom in June. The following photos (viewed left to right, top to bottom) capture the plant’s progress and decay from May until it began dying in July:

The final photo in the series shows that the plant dies from the bottom up; the top blooms were still full then, but the lower blooms had died and were shriveling. The plant is completely dead now; all the blooms have dried up and blown away. But it still stands tall.

As a bonus for readers who have never seen a purple sage, here’s a specimen of our local variety, which is called (fittingly) Texas sage:

A Sentimental Journey

I visited Michigan in May to see my 90-year-old mother and to revisit some of the scenes of my childhood. This is the first house I can remember. My warm memories of a sunny childhood are centered around it:

The house had an old-fashioned front porch when my family lived there, not those concrete steps and that odd bit of brickwork. We lived there almost seven years. Then the landlord (Mr. Mertz, really) decided to sell it, but my parents couldn’t afford to buy it. And so they rented this bungalow for a year:
My parents were then able to buy this modest house . . .
. . . and then, after four years, this much nicer one:
I also drove to the sites of my old elementary schools, about which I wrote here. What was Polk School . . .
. . . is now a playground:
What was Madison School . . .
. . . has been replaced by a small tract of what looks like subsidized housing:
Tyler School remains intact, on the outside, but it is now a homeless shelter:
Then there is the “supermarket” where I worked part-time when I was a senior in high school:
It was then part of the National Food Stores chain, which seems to be defunct.

Finally, I tip my hat to my home town’s most famous landmark, the Blue Water Bridge, which traverses the St. Clair River between Port Huron, Michigan, and Point Edward/Sarnia, Ontario:
(Go here for a great aerial view of the entire bridge, and much more.) The original span (left) was completed in 1938; the second span was completed in 1999.

That’s about it. The prevailing gloom that’s evident in the photos reminded me so much of my post-childhood days in Michigan that I couldn’t wait to fly back to sunny Texas.

Slopes, Ratchets, and the Death Spiral of Liberty

In describing the baneful influence of state action on the general welfare, I sometimes invoke the slippery slope, which is

an argument for the likelihood of one event or trend given another. Invoking the “slippery slope” means arguing that one action will initiate a chain of events that will lead to a (generally undesirable) event later. The argument is sometimes referred to as the thin end of the wedge or the camel’s nose.

That is to say, once a polity becomes accustomed to relying on the state for a particular thing that could be done better through private action, it becomes easier for that polity to ask the state to do other things that could be done better through private action.

Another metaphor for the rising path of state power is the ratchet effect,

the commonly observed phenomenon that some processes cannot go backwards once certain things have happened, by analogy with the mechanical ratchet that holds the spring tight as a clock is wound up.

As people become accustomed to a certain level of state action, they take that level as a given. Those who question it are labeled “radical thinkers” and “out of the mainstream.” The “mainstream” — having taken it for granted that the state should “do something” — argues mainly about how much more it should do and how it should do it, with cost as an afterthought.

Perhaps the best metaphor for the phenomenon I’ve been discussing is the death spiral. Reliance on the state creates more problems than it solves. But, having become accustomed to relying on the state, we then rely on the state to deal with the problems caused by our previous decisions to rely on the state. That only makes matters worse, which causes us to rely further on the state, etc., etc. etc.

More specifically, unleashing the power of the state to deal with matters best left to private action has diminished the ability of private actors to deal with problems and to make progress, thereby fostering the false perception that state action is inherently superior. At the same time, the accretion of power by the state has created dependencies and constituencies, leading to support for state action in the service of particular interests. Coalitions of such interests resist efforts to diminish state action, while supporting efforts to increase it. Thus the death spiral.

Can we pull out of the spiral? Not unless and until resistance to state action — especially in the domestic sphere — becomes much stronger than it is. It cannot be merely intellectual; it must be conjoined to political power. Which brings me back to my advice to the Libertarian Party:

Don’t run LP candidates for office — especially not for the presidency. Throw the LP’s support to candidates who — on balance — come closest to espousing libertarian positions. Third parties — no matter how they’re packaged — just don’t have staying power, given the American electoral system. The LP’s only hope of making progress toward libertarian ideals is to “sell” its influence to the highest bidder.

Cato Institute’s Bill Niskanen has offered similar advice. Libertarians must heed it.

We will not pull liberty out of its death spiral simply by shouting “halt.” This is no time for fastidiousness. The “best” cannot be attained until we pass through “better,” “much better,” and “very good.” The time to start is now, before the death spiral becomes irreversible. If it’s not already too late.

Why "Net Neutrality" Is a Bad Idea

I am not neutral about net neutrality. I am opposed to it.

Almost everything that one can buy comes in different gradations of quality: automobiles, shoes, bread, haircuts, computers, internet service, and on and on. Those gradations of quality enable each of us to buy goods and services that meet our particular needs, given our income constraints and preferences.

Why should I object if certain producers of web content getter better service (faster delivery of their content) if they pay a fee for that better service? They’re paying a fee for a service, just as I’m paying a higher fee for my high-speed DSL service than are many other consumers who can’t afford or choose not to pay as much for their internet service as I do. My higher fee enables me to obtain web content faster than those other consumers. Should I be forced to accept a slower speed so that they won’t be relegated to “second class” status? What about those consumers who pay even more than I do and, in return, get even faster DSL or cable service? What about those consumers who buy big Lexuses when others can only afford Honda Civics? What about those consumers who buy tailored suits when others can only afford to buy their clothes at Wal-Mart?

You can see the end of it can’t you? By the “logic” of net neutrality, everyone would be forced to accept goods and services of the same quality. That quality would be poor because there would be no incentive to produce better goods and services to earn more money in order to buy better goods and services — because they couldn’t be bought. Reminds me of the USSR.

But it’s “different” for providers of web content. Or so say the proponents of net neutrality. The providers of web content aren’t consumers, they’re producers. (Aren’t we all?) If they’re able to deliver their content faster than other producers, they’ll have an “unfair” advantage over those other providers. To which I say balderdash. Here’s why:

1. A demand for faster delivery of web content will be met by a supply of greater internet capacity, as supliers of internet capacity upgrade their networks in their competitive efforts to meet the demand for faster delivery. That is, the loss of net neutrality is unlikely to have any effect on other content providers. But there’s more to it . . .

2. Faster delivery will command a premium, just as a Lexus commands a premium over a Honda Civic.

3. Content providers will demand faster delivery and pay the premium for it only to the extent that it yields a positive return (i.e., greater profit).

4. Faster delivery will yield a positive return only to the extent that consumers actually respond to the products and services offered by buying sufficiently more of them.

5. Those consumers, therefore, will pay the premium for the faster delivery of web content.

End of discussion.