Social Justice

Despite a recent outburst, the proximate cause of this post is a column of Nicholas Kristof’s (“Equality, a True Soul Food“, The New York Times, January 1, 2011), in which Kristof pleads for less income inequality in the United States. His plea is based, in part, on the premise that persons of low status suffer because they envy persons of higher status (an assertion that’s based on research about monkeys). Don Boudreaux, Tom Maguire, and Max Borders have weighed in with insightful reactions. Will Wilkinson addressed the status-envy issue in 2006 (here and here), and has addressed it more recently (e.g., see this and follow the links therein). The Heritage Foundation offers a useful (if somewhat out-of-date) statistical analysis of income distribution (misleading word) in the U.S. I have written on the subject so many times that I can only refer you to lists of posts (here, here, here, here, and here) that include many relevant ones.

There is no theoretical or factual argument for income redistribution that cannot be met by a superior theoretical or factual argument against it. In the end, the case for (somehow) reducing income inequality turns on an emotional appeal for “social justice,” that is, for reshaping the world in a way that pleases the pleader. As if the pleader — in his or her pure, misguided arrogance — has superior wisdom about how the world should be shaped.

In fact, “social justice” usually (but not always) is code for redistributing income, either directly (through the taxing and spending power of government) or indirectly (through the power of government to require favoritism toward certain groups of persons). Make no mistake, there is no justice in “social justice,” which is nothing more than a euphemism for coercion by the state.

Social justice is possible only where there is a true society, not the bogus “society”  or “community” to which bleeding hearts and statists refer when they mean the United States or most of its political subdivisions — which have become nothing more than geopolitical prisons.

A true society or community is one in which persons are bound by more than merely residing in the same nation, state, city, or other geographic entity. A true society is one whose members voluntarily commit acts of kindness and charity toward one another, as part of the social “bargain” that is known as the Golden Rule.

That “bargain” amounts to a delicate balance of self-interested and voluntarily beneficial behavior. The self-interested aspect of behavior is mutual forbearance — leaving others alone so that they will leave you alone. The voluntarily beneficial aspect is the commission of acts of kindness and charity. It is the latter that enables the former, because acts of kindness and charity help to build a true feeling of community by creating an atmosphere of mutual respect and trust.

Purveyors of “social justice” say that the voluntary arrangements of true communities are inadequate for the purpose of meeting this or that desideratum. Whence the desiderata? From the preconceptions of the purveyors of “social justice,” of course. They would substitute their “wisdom” for the wisdom that it embedded in voluntary social and economic arrangements. And they usually succeed because their arrogance incorporates a good measure of power-lust.

In sum, true social justice  is possible only in a voluntary community that is founded on mutual forbearance, respect, and trust. It cannot be found in the kind of forcible leveling that is favored by advocates of “social justice.” There is nothing just about coercion.

Related posts:
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
The Interest-Group Paradox
Parsing Political Philosophy
Is Statism Inevitable?
Inventing “Liberalism”
Law and Liberty
Rights, Liberty, the Golden Rule, and the Legitimate State
An Encounter with a Marxist
Our Enemy, the State
The Golden Rule and the State
A Not-So-Fine Whine

Affirmative Action for Conservatives and Libertarians?

John Tierney’s recent column in The New York Times, “Social Scientist Sees Bias Within,” points to a new variation on an old theme. The old theme is this:

Democrats typically outnumber Republicans at elite universities by at least six to one among the general faculty, and by higher ratios in the humanities and social sciences.

The new variation is played by Prof. Jonathan Haidt, a social psychologist at the University of Virginia, who

polled his audience [at the Society for Personality and Social Psychology’s conference] at the San Antonio Convention Center, starting by asking how many considered themselves politically liberal. A sea of hands appeared, and Dr. Haidt estimated that liberals made up 80 percent of the 1,000 psychologists in the ballroom. When he asked for centrists and libertarians, he spotted fewer than three dozen hands. And then, when he asked for conservatives, he counted a grand total of three.

“This is a statistically impossible lack of diversity,” Dr. Haidt concluded, noting polls showing that 40 percent of Americans are conservative and 20 percent are liberal. In his speech and in an interview, Dr. Haidt argued that social psychologists are a “tribal-moral community” united by “sacred values” that hinder research and damage their credibility — and blind them to the hostile climate they’ve created for non-liberals.

“Anywhere in the world that social psychologists see women or minorities underrepresented by a factor of two or three, our minds jump to discrimination as the explanation,” said Dr. Haidt, who called himself a longtime liberal turned centrist. “But when we find out that conservatives are underrepresented among us by a factor of more than 100, suddenly everyone finds it quite easy to generate alternate explanations.”

The alternate explanations include the canard that “liberals” are smarter than libertarians and conservatives, and that libertarians and conservatives tend to “select out” of academia mainly because they are doers rather than teachers. In fact, Tierney addresses this issue in 2004, in “Republicans Outnumbered in Academia, Studies Find,” where he quotes Daniel Klein:

“Screened out, expelled or self-sorted, [nonleftists] tend to land outside of academia because the crucial decisions – awarding tenure and promotions, choosing which papers get published – are made by colleagues hostile to their political views,” said Professor Klein, who classifies himself as a libertarian.

In any event, Haidt’s observations are hardly new. Tierney points to other evidence in his recent column, where he mentions Klein in passing. Klein merits more than passing mention, for he has written extensively on the subject of the left-wing bias in academia. (His C.V. is here.) This is from the Summary section of “Narrow Tent Democrats and Fringe Others: The Policy Views of Social Science Professors” (2004), co-authored by Charlotta Stern:

  • Democrats dominate the social sciences. Anthropology and sociology are the most lopsided, with D-to-R ratios upwards of 20 to 1, and economics is the least lopsided, about 3 to 1. Among professors up through age 70, the overall Democrat-to-Republican ratio is probably about 8 to 1.
  • The Democratic domination has increased significantly since 1970. Republicans are being eliminated….
  • The Democrats not only dominate, but they have a narrow tent. Whereas the Republicans usually have diversity on an issue, the Democrats very often have a party line. It is clear that there is significantly more diversity under the Republican tent….
  • We find strong evidence that Republican scholars are more likely to be sorted out of academia.
  • Voting D is significantly correlated with having Democratic parents, being employed in academia, being an anthropologist or sociologist, having statist policy views, and having a more recent degree….
  • Simple measures show that the libertarians are quite exceptional. The minimum of the dissimilarities between them and any other group is greater than the maximum of dissimilarity between any pair of other groups.

The “liberal versus conservative” formulation of American politics omits the libertarians from the landscape, yet the libertarian and conservative groups appear to be equal in size in the social disciplines (each cluster-group consisted of 35 individuals). If freedom is a core political value, then there is something very wrong with a formulation that omits the ideology most aligned with that value.

Well, freedom is not a core political value for most of today’s social-science academics, as Klein and Stern amply demonstrate. They underscore that point in a later paper, “Is There a Free-Market Economist in the House? The Policy Views of American Economics Association Members” (2007). It begins with this:

Political economists are in general quite suspicious of governmental intervention. They see in it inconveniences of all kinds–a diminution of individual liberty, energy, prudence, and experience, which constitute the most precious resources of any society. Hence, it often happens that they oppose this intervention.

Frederic Bastiat (1848)

IN 1848, BASTIAT’S STATEMENTS were probably true. Nowadays they are not. Here we present evidence from a survey of American Economic Association (AEA) members showing that a large majority of economists are either generally favorable to or mixed on government intervention, and hence cannot be regarded as supporters of free-market principles. Based on our finding, we suggest that about 8 percent of AEA members can be considered supporters of free-market principles, and that less than 3 percent may be called strong supporters.

Specifically:

IN MARCH AND APRIL 2003, 1,000 U.S. members of the American Economists Association were surveyed using a randomly generated list of members. The original survey and supporting documents are available online at a homepage devoted to the survey. (2) The AEA members returned 264 (nonblank) surveys….

In addition to the 18 specific public policy questions, there was the following question about voting behavior:

To which political party have the candidates you’ve voted for in the past ten years mostly belonged?

    []       []        []          []        --
Democratic  Green  Libertarian  Republican  other

Among the 264 respondents, 153 (58 percent) reported voting Democratic, and 61 (23 percent) reported voting Republican. The other 50 respondents either checked Green (2), Libertarian (7), gave miscellaneous responses (17), (4) or declined to answer the question (24). Since 90.9 percent of the respondents answered the question, we are confident about the partisanship information derived from this question. The data yields a Democrat to Republican ratio of about 2.5 to 1….

THE FORMAT OF THE 18 policy questions was in the form of a statement to which the respondents were asked to indicate their view. The question on tariffs can be used as an example:

Tariffs on imported goods to protect American industries and jobs:

  []        []        []         []       []        []
support   support  have mixed  oppose   oppose   Have no
strongly  mildly    feelings   mildly  strongly  opinion
  1         2          3         4        5

The numbers 1-5 did not appear in the survey. They show how we weighted each response when creating a mean response. The “5” value corresponds to strong support of free-market principles….

THE CUTPOINT FOR BEING a free-market supporter is 4.0 (“oppose mildly”)….

To be a free-market supporter is to take positions like those taken by Friedrich Hayek, Milton Friedman, Ronald Coase, George Stigler, James Buchanan, and Vernon Smith….

Economists as a group have a mean score of 2.64. That is, on average, over 18 forms of government activism that any real free-market person would tend to lean against, usually strongly, economists lean slightly in support of government activism. Even among the Republicans, the mean score is 3.20, indicating that the average Republican economist is “middle of the road” on concrete examples of government activism. The average Democratic economist tends to be mildly supportive of government activism. As we saw, Democrats outnumber Republicans 2.5 to 1. Thus, a large majority of AEA members are either interventionist or middle-of-the-road Democrats, and most of the residual are middle-of-the-road Republicans….

My score, which will come as no surprise to readers of this blog, is 4.67. Where did I go “wrong” — why not a perfect score of 5.0? With regard to question 16, which asks about “tighter rather than looser controls on immigration,” I strongly oppose unselective immigration on economic and social grounds, for reasons detailed here. Also, the answer to question 17, which asks about “military aid or presence abroad to promote democracy and the rule of law,” must take into account whether (in particular cases) such actions serve Americans’ long-run interests.

Klein and Stern offer an alternative analysis, in which they drop two questions that seem unrelated to free-market principles: the one about military aid or presence abroad, and one about monetary policy. Dropping those two questions has little effect on the results of their results; the average score barely rises, from 2.64 to 2.66. (My score drops from 4.67 to 4.44.) For the 16 issues, the mean score for self-identified Democrats was 2.34, as against 3.30 for self-identified Republicans. Although Republicans are, on average, “middle of the road” (according to Klein and Stern), the distribution of scores highlights the marked difference between Democrat and Republican economists:

Klein and Stern propose several answers to the question “Why so few free-market economists?” — none of which I find compelling. I offer two answers. First, relatively few academic economists self-identify as libertarians; the average score of those who did was 4.30. Second, libertarians aside, most persons who garner a Ph.D. in economics (i.e., most members of the AEA) go through a “hazing ritual,” which Arnold Kling describes:

One of the best incumbent-protection rackets going today is for mathematical theorists in economics departments. The top departments will not certify someone as being qualified to have an advanced degree without first subjecting the student to the most rigorous mathematical economic theory. The rationale for this is reminiscent of fraternity hazing. “We went through it, so should they.”

Mathematical hazing persists even though there are signs that the prestige of math is on the decline within the profession. The important Clark Medal, awarded to the most accomplished American economist under the age of 40, has not gone to a mathematical theorist since 1989.

One of the consequences of indoctrination in mathematical economics is that its practitioners come to believe, wrongly, in their understanding of and ability to predict economic phenomena. That leads them to the consequent belief that — if only they or like-minded persons were “in charge” — the economy could be fine-tuned, in the large and in the small. Fine-tuning in the small means, among other things, preventing or correcting so-called market failures, which are those market outcomes of which self-deluding “omniscient” economists disapprove.

This belief is, in fact, nothing more than a rationalization for a point of view that is prevalent on the left, and especially among “intellectuals.” In A Conflict of Visions, Thomas Sowell characterizes it as the “unconstrained vision.” Adherents of the unconstrained vision (the left) are wedded to the rhetoric of “ought to be” and its close relation, the Nirvana fallacy. They judge existing arrangements against unattainable standards of perfection (invented by themselves), and proclaim themselves to be on the side of all that is good because they would, by legal fiat, command the attainment of the good, despite its unattainaibility. Unsurprisingly, adherents of the unconstrained vision dominate academia, where it is de rigeur (especially among social scientists) to tailor the “truth” to fit one’s preconceptions about what ought to be.

One of the things that ought to be, of course, is equality of outcomes, regardless of the facts about racial and sexual disparities with respect to aptitudes. As Haidt says, “Anywhere in the world that social psychologists see women or minorities underrepresented by a factor of two or three, our minds jump to discrimination as the explanation.”

Which brings us to the question of affirmative action for conservatives (and here I include libertarians who are thought of as right-wingers by leftists). Greg Mankiw, in a post from 2007 about diversity in academia, observes:

If right-wingers are underrepresented in universities relative to the population and discriminated against by the left-wing majority, as Larry [Summers] suggests, should there be affirmative action for right-leaning academics? It seems that, on principle, those on the left (who favor affirmative action to promote diversity and correct past injustice) should endorse such a university policy, and those on the right (who more often oppose affirmative action) would be against.

Ilya Somin comments:

…In this excellent Econlog post, economist Bryan Caplan explained why ideological discrimination is more likely to flourish in academia than in most other employment markets. Even aside from discrimination, the ideological homogeneity of much of academia causes a variety of problems, such as reducing the diversity of ideas reflected in research, skewing teaching agendas, and generating the sorts of “groupthink” pathologies to which ideologically homogenous groups are prone.

However, whether or not [ideological] discrimination is the cause of the problem, affirmative action for conservative academics (or libertarian ones) is a poor solution. Among other things, it would require universities to define who counts as a “conservative” for affirmative action purpose, a task that they aren’t likely to do well. Affirmative action for conservatives would also give job candidates an incentive to engage in deception about their views in the hopes of gaining professional advancement. Moreover, conservative professors hired on an affirmative basis despite inferior qualifications would find it difficult to get their ideas taken seriously by colleagues and students. They might therefore be unable to make a meaningful contribution to academic debate – the very reason why we want to promote ideological diversity in hiring to begin with.

In other words, two wrongs don’t make a right.

Related posts:
“Intellectuals and Society”: A Review
Asymmetrical (Ideological) Warfare
The Left
Intelligence, Personality, Politics, and Happiness
Libertarian Conservative or Conservative Libertarian?
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
The Cost of Affirmative Action
Affirmative Action: A Modest Proposal
Race, Intelligence, and Affirmative Action
Affirmative Action: Two Views from the Academy
Affirmative Action, One More Time
Affirmative Action: Two Views from the Academy, Revisited
How to Combat Beauty-ism
Modeling Is Not Science
Physics Envy

Reality Strikes Again

Ross Douthat writes in  today’s NYT (“Obama the Realist“):

On the campaign trail in 2008, Barack Obama played to two very different foreign policy constituencies. Often he presented himself as the tribune of the anti-war left — the only candidate who had opposed the invasion of Iraq from the beginning, the man who could be trusted to civilize the global war on terror, and the perfect figure to smooth the transition to a post-American world order. To more bipartisan audiences, though, he cast himself as a cold-eyed realist — the rightful heir to George H. W. Bush, if not Henry Kissinger, who would pursue America’s interests without pretending (as the younger President Bush often did) that they matched up perfectly with America’s democratic ideals….

From the war on terror to the current unrest in Egypt, [Obama’s] foreign policy has owed far more to conservative realpolitik than to any left-wing vision of international affairs….

On nearly every anti-terror front, from detainee policy to drone strikes, the Obama administration has been what The Washington Times’s Eli Lake calls a “9/14 presidency,” maintaining or even expanding the powers that George W. Bush claimed in the aftermath of 9/11. (Dick Cheney himself admitted as much last month, effectively retracting his 2009 claim that Obama’s terrorism policies were undermining national security.) Time and again, this president has proved himself a careful custodian of both American and presidential prerogatives — and the most perceptive critics of his policies, tellingly, have been civil libertarians rather than Republican partisans.

Obama’s adoption of realpolitik is unsurprising to me. In the heat of the 2004 election, when Kerry had pulled even with Bush in the polls and it seemed that Kerry the anti-warrior might become president, I wrote this:

Assuming the best on the domestic front — that is, deadlock — what about the war on terror? All wouldn’t be lost if Kerry were to win the White House. He says dangerous multilateralist things about defense policy. But, in these times of clear and present danger, even a Democrat president will put defense above the trappings of internationalism. A massive failure to defend the homeland or to secure vital overseas interests would ensure a rout in the mid-term elections and a one-term presidency, if not impeachment.

It is good to know that Obama seems to take seriously his role as commander-in-chief. But I do wonder whether his new-found “realism” arises from a sense of responsibility or fear of impeachment.  I would not rule out the latter.

The Stagnation Thesis

There’s a rather strange debate in progress about Tyler Cowen’s new book, The Great Stagnation: How America Ate All The Low-Hanging Fruit of Modern History, Got Sick, and Will (Eventually) Feel Better. I say “strange” because the debate seems to be about whether Americans (for the most part) are more prosperous, in real terms, now than in the early 1970s. The fact is that Americans (for the most part) are better off now, but not nearly as prosperous as they could be. The reason is that governmental interventions — spending and regulation — have stifled innovative activity by depriving it of funds, restricting its scope, and reducing its potential profitability. And it is innovative activity that drives economic growth.

Of the economist-bloggers I read, only Don Boudreaux seems to have cottoned to this fundamental fact. The others — including Cowen — seem to be arguing about trivialities and irrelevancies (e.g., here, here, here, here, here, here, here, here, and here). The entire discussion, beginning with Cowen’s thesis, diverts the reader’s attention from government’s economic destructiveness to the (futile) search for a price index that properly accounts for temporal changes in the kinds and quality of products and services.

My assessments of government’s destructiveness are given in these posts:

Economic Growth since WWII
The Price of Government
The Commandeered Economy
The Price of Government Redux
The Mega-Depression
The Real Burden of Government
Toward a Risk-Free Economy
The Rahn Curve at Work
The Illusion of Prosperity and Stability
Estimating the Rahn Curve: Or, How Government Inhibits Economic Growth

The last four decades, of which Cowen writes, are simply a continuation of a government-caused Mega-Depression, which began in the early 1900s. Here’s the bottom line:

Liberty, Equality, Fraternity: Part I

I recently discovered James Fitzjames Stephen’s long essay, Liberty, Equality, Fraternity. Stephen (1829-94) was an uncle of Virginia Woolf, whose mush-minded feminism was antithetical to her uncle’s rigorous cast of mind.

I am working my way through Stephen’s essay. As I proceed I will post and comment on especially trenchant passages. In this first installment, I offer some excerpts of the Foreword by Stuart Warner, editor of the Liberty Fund edition (linked above). My comments are in bold type; everything else is a direct quotation from the Liberty Fund edition.

FOREWORD

James Fitzjames Stephen’s Liberty, Equality, Fraternity figured prominently in the mid- to late nineteenth century Victorian debates on two concepts at the heart of politics in the modern world—liberty and equality. Understanding himself to be a defender of an older English Liberalism that he thought to be under assault and weakening at an ever-quickening pace, Stephen attempted in Liberty, Equality, Fraternity to offer a corrective to what he believed were the mistaken views of liberty, equality, and fraternity that were leading the charge. He found these views most fully and powerfully expressed in three of John Stuart Mill’s works: On Liberty, The Subjection of Women, and Utilitarianism. Stephen thus subjected Mill’s political philosophy to intense criticism in Liberty, Equality, Fraternity. Yet Stephen was no mere polemicist, and throughout Liberty, Equality, Fraternity we find Stephen’s own understanding of liberty—as ordered liberty—equality—as equality under law—and fraternity—as a value incompatible with a free society—braided around his critique of Mill. And it is this understanding that is the most important feature of Liberty, Equality, Fraternity, and is eminently worthy of the attention of anyone concerned with the character of a free society….

The French Revolution gave birth to the creed “Liberty, Equality, Fraternity”; however, this creed outlasted the Revolution, finding expression in the nineteenth century, both on the continent and in England. In offering a powerful polemic against this creed in Liberty, Equality, Fraternity, Stephen is most emphatically not presenting himself as a defender of, as he puts it, “Slavery, Caste, and Hatred.” But he believed that many exponents of the creed of liberty, equality, and fraternity exaggerated the advantages and ignored the disadvantages of the political arrangements intended by this famed triptych of values, thereby distorting a proper understanding of liberty, equality, and fraternity along the way. In Liberty, Equality, Fraternity, Stephen makes a point of revealing the character of these disadvantages….

…Stephen recognizes liberty to be an instrumental value, not a value in and of itself; and the ultimate value that liberty principally serves is the well-being of society. We should be careful not to misunderstand this feature of Stephen’s thought—as a common understanding of Stephen would have us do—as portraying either a disregard for liberty or an authoritarian bent, for Liberty, Equality, Fraternity does not support such a reading. Not to value liberty as an end in itself is not to treat it lightly or to shy away from its endorsement as central to a civilized world. It is rather, as Stephen would see it, an admission that liberty, along with all of the other social elements of human life, has its advantages and disadvantages; and, if we are primarily concerned with the well-being of society, then we should not blindly support any given liberty in those circumstances in which its disadvantages outweigh its advantages.

The second feature of Stephen’s conception of liberty is that liberty is fundamentally a negative concept. Stephen understands liberty at its core to be an absence of restraint; however, liberty cannot be understood to involve an absence of all restraint; for Stephen, like Hobbes, recognizes that it is impossible for a society and, therefore, liberty to exist in the absence of all restraint. Restraints are required if there is to be any society at all, if only because the human condition is one in which the actions of some frequently and inevitably conflict with the actions of others. This understanding of the role of restraint in society is the basis for Stephen’s distinguishing between liberty and license, and it encourages him to understand liberty as an “absence of injurious restraint.”In this conception of liberty, morality, law, and religion are understood to restrain an individual’s actions, but not injuriously, and hence do not constitute an infringement of his liberty. In fact, in the deepest sense, it is these restraints that make liberty of action possible. And since these restraints constitute a realm of power, Stephen can maintain that, “Liberty, from the very nature of things, is dependent upon power….”…

Stephen is promoting an understanding of ordered liberty or liberty under morality and law. Part of the value of liberty lies in its allowing individuals to pursue their own choices or, more exactly, a certain set of choices rather than others, for this contributes to the well-being of society. Importantly, some sets of choices must be excluded. Genuine options are possible for human beings only within the context of a web of restraint provided by the moral, political, legal, and religious institutions that form the social arrangements in which individuals can pursue their own ends in concert with one another. Therefore, on Stephen’s analysis, the character and value of liberty reside in the restraints that frame it: there is no liberty outside of restraint.

Morality is foremost among the restraints that shape society generally and a free society in particular. For Stephen, morality is constituted in some measure by the fear of disapprobation, the fear of the opinion of others, the fear of being ostracized. Thus, Stephen remarks that “the custom of looking upon certain courses of conduct with aversion is the essence of morality.” And this aversion or disapprobation Stephen understands as being coercive. Although morality on this account might therefore be considered a system of force, the force in question is the pressure imposed by others and not punishment (or the threat of punishment) inflicted by government. Here we must underscore the idea that, as Stephen sees it, the restraints imposed by morality are vastly more extensive and important than those of law in establishing the web of restraint in which liberty is formed and has value:

Criminal legislation proper may be regarded as an engine of prohibition unimportant in comparison with morals and the forms of morality sanctioned by theology. For one act from which one person is restrained by the fear of the law of the land, many persons are restrained from innumerable acts by the fear of the disapprobation of their neighbors, which is the moral sanction; or by the fear of punishment in a future state of existence, which is the religious sanction; or by the fear of their own disapprobation, which may be called the conscientious sanction….

Given that liberty is of instrumental value for Stephen, it is easy to understand why he rejects any categorical, simple principle of liberty, one that would specify exactly which liberties should be protected, and where and when. “We must,” Stephen writes, “proceed in a far more cautious way, and confine ourselves to such remarks as experience suggests about the advantages and disadvantages of compulsion and liberty respectively in particular cases.” However, there are certain liberties that Stephen highlights in Liberty, Equality, Fraternity and in other of his writings that he believes to be of paramount importance to civilized life. The first is property: “Of all items of liberty, none is either so important or so universally recognized as the liberty of acquiring property.”  The second liberty of great importance to Stephen, perhaps surprisingly, is privacy: “Legislation and public opinion ought in all cases whatever scrupulously to respect privacy…. To try to regulate the internal affairs of a family, the relations of love or friendship, or many other things of the same sort, by law or by the coercion of public opinion, is like trying to pull an eyelash out of a man’s eye with a pair of tongs. They may put out the eye, but they will never get hold of the eyelash.”

Essential to protecting these liberties and others is the rule of law. And so closely linked is the rule of law to various liberties that Stephen suggests the rule of law is itself a liberty; for in a significant way, the procedures afforded to individuals by the rule of law specify the liberties that an individual has.

For Stephen, the rule of law is a remarkable moral conquest, a monumental achievement over despotism and the desires of some to enslave others for their own purposes. The rule of law both constitutes and vouchsafes liberties that Stephen, although holding them to be instrumentally valuable, embraces and understands to be of paramount importance to the civilized world he deeply valued….

Legislate how you will, establish universal suffrage, if you think proper, as a law which can never be broken. You are still as far as ever from equality. Political power has changed its shape but not its nature. The result of cutting it up into little bits is simply that the man who can sweep the greatest number of them into one heap will govern the rest….

Whatever may be the benefits of democracy, it also levies severe costs that render it a languid business. For the “wirepullers” need only satisfy an ignorant multitude, and this, Stephen feared, would ultimately lead to a debased and mediocre culture, one predicated on sordidness and vulgarity. In order to satisfy the unenlightened, these new rulers would extend government into the deepest recesses of the lives of individuals, willingly abandoning certain liberties along the way.

The final paragraph is a diamond, in a field of precious stones.

I have written so many posts which touch on the themes sketched by Warner that I can only refer you to a sample of them:
The Paradox of Libertarianism
On Liberty
Democracy and Liberty
The Interest-Group Paradox
Inventing “Liberalism”
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Law and Liberty
Negative Rights, Social Norms, and the Constitution
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?

Subjective Value: A Proof by Example

The theory of subjective value, which is a cornerstone of microeconomics, says that

value is not inherent in things. There may be objective proxy-measures of value—like market value—but these depend primarily on the subjectivity of the individuals who make the choices. The prices of things, in other words, result from people’s subjective valuations of things.

When a 92-year old survivor of the Great Depression says something like “no car is worth $30,000,” he thinks that he’s stating an objective truth. In fact, he’s only saying something about the amount that he’s willing to pay for an automobile, which is somewhere south (probably way south) of $30,000.

Here’s a homely proof by example of the theory of subjective value. I’m wearing a pair of warm crew socks on this cold morning. I’ll be wearing those socks when I drive to the post office to mail a letter. (It’s an important letter, and I don’t want to wait for our mail carrier to pick it up at our curbside mail box.)

I won’t have to stand in line to mail my letter, but there will be a line of people who are waiting for window service. If I walk up to the line and ask everyone in it if they’d like to buy my crew socks, most of them will think I’m nuts and ignore me. If a sporting soul were to ask me how much I want for the pair, I’d say $20. That’s a lot more than I’d have to pay for a replacement pair, but I’d have to remove my shoes, remove my socks, don my shoes, walk out into the cold minus the  comfort of warm crew socks, and go to the trouble (sooner rather than later) of buying a replacement pair.

The sporting soul, on the other hand, would probably laugh and say “no thanks.” He’s probably already wearing socks, and doesn’t need a pair at the moment. Even if he didn’t mind handling socks that I’ve been wearing, he’d have to be an unusual person to pay $20 — or even $1 — for a pair of used socks that he doesn’t need at the moment.

That’s subjective value for you. Each of us has a “price schedule” that depends on our constantly changing tastes, preferences, and circumstances. Nothing has a “correct” price. For everything that changes hands at a particular price because buyers and sellers happen to be willing to transact at that price, there are many, many things that don’t change hands because of differences in the valuations placed on them by buyers and sellers.

Things I’m Not Doing Today

There are a lot of things I’m not doing today, even though the Demo-critters in Congress and their regulatory kin believe that they’re good for me or promote the “general welfare”:

Preventive health care is actually more costly than the vigilant treatment of symptoms, so I’m not going to a doctor for a “cost saving” checkup.

I refuse to take statins — today and every other day — despite the official belief that statins will cut my cholesterol. Statins don’t mix with alcohol, and I’d rather be a moderate drinker, and a happier person for it, than a miserably abstemious person with higher risk of stroke or heart disease.

Speaking of health, I’m not reading the labels on packaged foods, because the labels won’t tell me if there’s any poison in the products.

My car is now two years old, which means that it probably emits more CO2 than it did when it was new. But I’m not going to buy a new car.

It’s cold today, so I’m running the furnace and emitting more CO2. I know that I should freeze to death before adding to the CO2 level in the atmosphere, but I choose not to freeze to death. Come to think of it, I’ll also light my gas fireplace later, while I’m watching a movie. Or I may listen to music and read a book, while basking in the glow of a 200-watt incandescent bulb.

It happens that I need some more light bulbs, but I’m not going to replace them with CFLs. In fact, I’m going to buy a lifetime supply of incandescent bulbs while they’re still available.

Finally, I’m not spending any money today, despite the fact that my failure to spend will have affect interstate commerce (as Demo-critters define commerce).

Secession, Anyone?

Please choose only one answer. Before answering, you might want to read these posts:

Secession

Secession, Redux

A Declaration of Independence

A Not-So-Fine Whine

Sherwin B. Nuland, a self-described octogenarian socialist, writes in The New Republic about “Fitness and Outrage.” Nuland opens with this:

One evening a few months before my eightieth birthday, I found myself addressing an audience of approximately a hundred men and women on a topic to which I have devoted considerable study during the past decade or so. My subject was the process of aging, and the ways in which current gerontological research is teaching us to deal with it….

During the course of my talk, I focused—as does much of the recent scientific, clinical, and general literature—on the optimistic. I stressed the role of determination and conscious effort in combating certain of the ravages that nature inflicts on those of us in the latter decades of life. I spoke of the importance of physical exercise, the creativity that comes with continued intellectual exploration, the critical importance of a personal sense of closeness to family and the surrounding community. Such essential patterns of living are easily explained, and they were more or less familiar to the upper-middle-class audience of friends and benefactors of the university medical center to which I had been invited….

So far, so good. But at the end of Nuland’s talk, which is applauded by all but one member of his audience, the holdout confronts him:

But then a hand shot up, whose owner was a red-faced, chokingly angry man in the first row who appeared to be about sixty years old and to have deliberately disregarded the instructions on the event’s invitation that gentlemen wear business attire…. I cannot recall the exact outpouring of words that he more spewed than spoke, but they were very much like the following, if a bit less organized: “What you’re saying is all very well, but don’t you realize that it applies only to men and women of means and education? The vast majority of the elderly don’t know about these things, and couldn’t afford them in any event. They often live alone and friendless or in some publicly subsidized care facility. Your ideas are suitable only for the more favored of older people. Society neglects everyone else and doesn’t care about them. Maybe you don’t, either.”

This bit of whining irrelevance is followed by Nuland’s long apology that not everyone has the wherewithal — financial, emotional, and physical — to age gracefully. Nuland ends with this:

Regardless of [his] studied outrage and air of sanctimony, … the fulminating fellow who engaged me at the medical center deserve[s] the gratitude of the rest of us, who might otherwise continue in our own form of self-righteousness without stopping to consider that privilege has its responsibilities. Paramount among those responsibilities is to support the sweeping societal changes without which the bodily benefits accruing to us are unavailable to men and women who have not had our good fortune.

And thus the sense of entitlement that has swept over the land since the advent of Social Security and Medicare marches on. The fact that some persons are able to live out their years in relatively good health and sound mind is now cause for complaint that not all persons are able to do so.

It is as if everyone must be equal in all respects, and that those who fare better in some respects are guilty of something. What that something is, I don’t know. It isn’t theft. It isn’t fraud. It isn’t coercion or deception. It is nothing but good genes (a matter of luck, not theft, fraud, or deception) and the hard work that’s required to earn a decent living and stay healthy.

Why is it self-righteous to enjoy one’s old age if one can do so? Where is the privilege in taking advantage of one’s own good genes and one’s own efforts? Are we contestants in some lottery, in which the number of good genes and the amount of effort is limited, so that there are winners and losers? Is it the responsibility of the “winners” to give some of their “winnings” to the losers? This kind of fallacious, zero-sum thinking is typical of redistributionists of Nuland’s ilk.

Nuland has journeyed to the depths of envious egalitarianism. And he can stay there.

The Great Recession is Over

No, it isn’t. See this post.

Leiter vs. Volokh

Brian Leiter seems to have a problem with Eugene Volokh. More generally, Leiter seems to have a problem with what he terms “offensive internet speech.” I have never found Leiter to be lacking in offensiveness (see this, this, and this, for example).

Well, I used to have a problem with Leiter, which I’ve discussed here, here, here, here, and here. (Note: These are old posts and contain many broken links.)

My problem with Leiter disappeared when I began to ignore Leiter and things written about him. I picked up on the Leiter-Volokh contretemps only because I’m a regular reader of The Volokh Conspiracy.

UPDATE: This post was about 30 minutes old when Politics & Prosperity hosted a 55-second visit from a server at uchicago.edu. (Leiter’s present academic home, according to his CV, is the University of Chicago.) The visit included three page views, including a look at my “About” page. I’m just stating the facts as I know them, not drawing inferences.

Competition Shouldn’t Be a Dirty Word

Paul Krugman, a defunct Keynesian, certainly isn’t the first person to decry competition. Krugman’s motive is somewhat different than the motives of others who think of competition as a dirty word, so let’s get Krugman out of the way.

Krugman’s ideal world is one in which the great socialist collective operates under the guidance and tutelage of his omniscience, which extends beyond his former discipline of economics into all aspects of human endeavor and the psychological underpinnings thereof. How else could he know, for example, that Republicans are unremittingly evil and the cause of all evil, not excluding the acts of mad men. Krugman’s problem, of course, is his heavy emotional investment in statism, which leads him to respond like Pavlov’s dog (slobbering and all) whenever anyone says an unkind or even doubtful word about the state’s wisdom or beneficence.

Enough of Krugman, as I once said, prematurely. Onward to competition, that dirty word.

Why is it dirty? First, thanks to “thinkers” of Krugman’s ilk, the word has acquired an adjective, which one hears in one’s mind even when it isn’t attached to the word by the person who uses it. The adjective is cut-throat. Cut-throat competition

refers to situations when competition results in prices that do not chronically or for extended periods of time cover costs of production, particularly fixed costs. This may arise in secularly declining or “sick” industries with high levels of excess capacity or where frequent cyclical or random demand downturns are experienced.

In other words, the term cut-throat competition has nothing to do with rapacious behavior. It is simply a picturesque description of a situation in which some firms are bound to fail, leaving survivors whose behavior should be characterized as persevering, not cut-throat. “Cut-throat” has nevertheless become ineradicably associated with “competition,” which has thereby acquired a strongly negative connotation among “average” persons, defunct Keynesians, the mainstream media, and “liberals” in general.

The other negative connotation of competition is its association with zero-sum games. In the extreme, there is gladiatorial, death-to-the-loser combat. In the somewhat less violent entertainments of the present epoch there are season-ending, winner-takes-trophy events: the Stanley Cup playoffs of ice hockey, the World Series of baseball, the Super Bowl of football, and so on, unto the Little League World Series and who knows what else.

The “average” person (Average Joe) enjoys winner-takes-trophy events and movies that employ death-to-the-loser plot devices, even as he deplores economic competition. That is so because competition as entertainment reinforces the view that competition inevitably generates losers. And yet, the competition of the arena — in its modern, non-lethal incarnations — isn’t really about the winner taking all. The winner takes a trophy and some extra moolah, but the losers — even the members of the teams that finish last and never get to post-season play — don’t lose. In fact, they earn rather nice salaries (often stupendous ones), usually for many years before their declining skills cause them to yield (gracefully or otherwise) to younger players.

Average Joe — unlike the athlete, aspiring performer, or trial lawyer — doesn’t like to think that he is in some kind of competition when he goes to work every day. But he is, even if his work doesn’t involve an explicit contest with, say, a co-worker to see who can throw a football more accurately in the face of charging defensive players, write the best computer program, serve the most customers, turn out the most readable technical manuals, and so on.

The element of competition in the workaday world is unavoidable, not only for the workers on the front lines but also for those in the back room. It is also inevitable for bosses all the way up the chain of command, and for financial backers (whose ownership shares and and loans are on the line).

The element of competition arises because of consumer sovereignty. In the final analysis, it is up to producers (workers, bosses, and business owners) to satisfy consumers — who are also producers. Every instant of every day there are changes in tastes, preferences, technologies, production methods, and other factors that determine the characteristics, quantities, and prices of goods and services that are bought and sold, and thus the rewards to those who are engaged in the production and financing of those goods and services. All of that constant change takes place in an economy that is generally growing, and some sectors of which grow even as others sink into recession or depression. Growth does not eliminate or soften competition because, when the veil of money is stripped away, growth depends heavily on the addition of resources (labor and capital of various kinds), which must be rewarded in accordance with the value of their contributions to economic output. Whether or not the economy is growing, the earnings of producers (and, therefore, their opportunities to consume) depend on their ability to satisfy consumers, who have myriad choices about how to allocate their incomes. In turn, the incomes of every economic actor, from janitor to chairman of the board to multi-billionaire shareholder, are determined by their respective contributions to consumer satisfaction.

The outcome of competition, contrary to the connotations of the word, isn’t a tally of winners and losers. Every “player” is a winner because he is rewarded, to some degree, for his efforts. The notion that there are winners and losers arises, wrongly, from the assumption that everyone is entitled to the same reward, regardless of how valuable his contribution is to others. “From each according to his ability; to each according to his needs” is a long-discredited economic philosophy that leads to less for everyone (politicians, bureaucrats, and their favorites excepted). A low-income wage-earner may envy a Warren Buffet or Bill Gates (though that envy seems not to extend to the wage-earner’s favorite, highly paid athletes), but envy is in such ample supply that it is worthless, except when politicians decide to reward it, in the name of (cheap) compassion.

Which brings me to the political side of the story. It is the inevitability of competition — and the unwonted fear of it — that leads individuals and groups to seek shelter from it. Moreover, the general perception of competition as “bad” makes it easier for government to usurp private functions and set up in their place nearly impregnable bureaucracies. As a result of these impulses and perceptions, almost every product and service is made more costly by regulatory restrictions, licensing laws, import restrictions, tariffs, pro-union legislation, affirmative-action laws (which raise production costs by forcing employers to hire and promote second-best employees), and so on. At the same, the ability of consumers (as voters) to remove the politicians and bureaucrats responsible for such depredations is inhibited by civil-service regulations (which protect incompetent bureaucrats from more than mere changes of administration) and campaign-finance laws (which were designed by incumbents to protect their incumbencies).

All of this comes at a high cost to those Americans who must actually compete in the real economy. Average Joe doesn’t lose because of competition, he loses because so many of his fellow Americans have succeeded in insulating themselves from it. Therein lies true greed.

In summary, competition is a great thing. By rewarding invention, innovation, risk-taking, education and training, hard work, and all of the other things that contribute to economic growth. competition enables us — all of us — to enjoy a higher standard of living. And we would be much better off they we are if there were fewer individuals sitting on the sidelines, watching the competitors and taking an unearned cut of their earnings.

There’s nothing wrong with competition but the connotations it has acquired. It shouldn’t be a dirty word.

Points of Agreement and Reinforcement

Scott Lincicome, Don Boudreaux, and Mark Perry continue their stalwart defense of free trade (latest entries here, here, and here). The controversy revolves around the notion prevalent in “liberal” circles that exports are “good” and imports are “bad.” This is an old view, which Henry Hazlitt addressed in Economics in One Lesson:

(From the 1952 edition. Originally published in 1946).

I couldn’t agree more with Lincicome, Boudreaux, Perry, and Hazlitt — as you will see if you go here, here, and here.

John Goodman keeps tabs on the abomination known as Obamacare. His many post-enactment observations about Obamacare include these:

Docs Declare “No Confidence” in AMA, Exercise as Anger Management, and the Upcoming Nursing Shortage
Doctors are Leaving Medicare
Who is Going to Provide the Extra Care?
Selling Health Reform to the Victims
The Coming Doctor Shortage
Victims of Health Care Reform

None of this comes as a surprise to me. I warned against Obamacare in several pre-enactment posts:

Rationing and Health Care
The Perils of Nannyism: The Case of Obamacare
More about the Perils of Obamacare
Health-Care Reform: The Short of It

Goodman also offers a tantalizing post about the idea of testing public policies before they are fully implemented. The idea of testing public policies is one of the arguments for true federalism, where the central government has a hands-off policy on economic and social matters (but not civil rights). Only true federalism — which this nation enjoyed (more or less) until the subversion of the Commerce Clause by the Interstate Commerce Act — will dispel the “anger” toward the central government that deeply, and justly, animates a large number of Americans.

Big-government advocate Linda Greenhouse now opposes broadly worded delegations of power to subordinate authorities, because the broadly worded power, in the present instance, would

authoriz[e] the secretary of Homeland Security to “waive all legal requirements” that the secretary, in his or her “sole discretion, determines necessary to ensure expeditious construction of the barriers and roads [comprising the border fence project].”

The writer of the quoted article notes the irony in Greenhouse’s present position. It puts her on the side of Judge Douglas Ginsburg, who argued against broad delegations of congressional authority in “Delegation Running Riot” (Regulation, 1995, no. 1), where he coined the term “the Constitution-in-exile”:

So for 60 years the nondelegation doctrine has existed only as part of the Constitution-in-exile, along with the doctrines of enumerated powers, unconstitutional conditions, and substantive due process, and their textual cousins, the Necessary and Proper, Contracts, Takings, and Commerce Clauses. The memory of these ancient exiles, banished for standing in opposition to unlimited government, is kept alive by a few scholars who labor on in the hope of a restoration, a second coming of the Constitution of liberty-even if perhaps not in their own lifetimes.

All of which reminds me of an old post of mine about the Constitution in exile.

Is the Constitution True? An Addendum

See “The Constitution: Myths and Realities“.

Obama’s New Regulatory Regime

Eric Posner, writing in The New Republic (“Obama’s Cost-Benefit Revolution“), comments on Obama’s new executive order about cost-benefit analysis and regulation. Posner offers some background:

Long ago, cost-benefit analysis was a rallying cry for conservatives. It was brought to government by none other than Ronald Reagan, in Executive Order 12291 of 1981. Reagan was riding the wave of the deregulatory movement, which held that regulation of industry was excessive and stunted economic growth. His order stipulated that agencies should issue regulations only after finding that the benefits exceeded the costs.

Outraged liberals charged that cost-benefit analysis was a pretext to stifle regulation, and that it was arbitrary because of the difficulty of attaching dollar values to lives, environmental goods, and other regulatory benefits. Conservatives replied that cost-benefit analysis blocks bad regulations: Why would one support a regulation that produces higher costs than benefits? At the time, the alternative was regulation that seemed to reflect no more than the instincts of bureaucrats (or the agendas of interest groups), accompanied by impenetrable bureaucratese. The debate continued in this vein for decades, but over time, positions shifted. Some liberals came to see cost-benefit analysis as a good-government tool that promotes transparency and accountability, while some conservatives began to wonder whether it confers legitimacy on the New Deal state.

Cost-benefit analysis — even when it is done well — is a sham. But Obama’s approach (an extension of Clinton’s) reveals it as a scam:

Now, the press has reported that Obama’s executive order, which explicitly renews Clinton’s, signals victory for business. But the executive order also provides plenty of wiggle room that can be exploited by pro-regulatory forces, as indeed did Clinton’s before it. Unlike Reagan’s original order, which simply asked agencies to perform cost-benefit analysis, Clinton’s allowed agencies also to take account of “equity.” Obama’s adds that agencies should take account of “human dignity” and “fairness,” values, it helpfully notes, that are “difficult or impossible to quantify.” This is problematic because quantification is the point of cost-benefit analysis. Cost-benefit analysis works in the first place only because it imposes mathematical discipline on agencies. They must supply evidence that a proposed regulation has certain benefits and costs, monetize those benefits and costs, and report a number. If the number is greater than zero, then the agency may regulate. If agencies can instead point to unquantifiable benefits such as the promotion of human dignity, they can do whatever they want, and the main selling point of cost-benefit analysis—government transparency—is eliminated.

The sham to which I refer above is this:

One person’s benefit cannot be compared with another person’s cost. Suppose, for example, the City of Los Angeles were to conduct a cost-benefit analysis that “proved” the wisdom of constructing yet another freeway through the city in order to reduce the commuting time of workers who drive into the city from the suburbs. In order to construct the freeway, the city must exercise its power of eminent domain and take residential and commercial property, paying “just compensation,” of course. But “just compensation” for a forced taking cannot be “just” — not when property is being wrenched from often-unwilling “sellers” at prices they would not accept voluntarily. Not when those “sellers” (or their lessees) must face the additional financial and psychic costs of relocating their homes and businesses, of losing (in some cases) decades-old connections with friends, neighbors, customers, and suppliers. (This is from “Greed, Cosmic Justice, and Social Welfare“; see also “Modern Utilitarianism.”)

Throwing “equity,” “human dignity,” and “fairness” into the equation takes us from sham to scam. As Posner says,  “[t]hese wiggle words … might be licenses to agencies to regulate however they want to.” There’s no “might” about it.

Well, there is a kind of “might” about it. The might of government regulators to force their preferences on us.

Libertarian Conservative or Conservative Libertarian?

Are they the same thing? No, they are not, as I will try to explain.

A prominent libertarian of my acquaintance once said to me that a libertarian may be a person of conservative mien. His implication was that a libertarian — one who favors (at most) a minimal, night-watchman state — might be conservative in his personal views about, say, the kinds of behavior in which he would engage, even while tolerating behavior, by others, in which he would not engage. A person of such character might be considered a conservative libertarian.  Such a libertarian would not, for example, take a homosexual “marriage” partner or abet an abortion, even though he would (in all likelihood) insist that such things should be allowed by the state (as long as the state is in the business of allowing or disallowing such things).

What, then, is a libertarian conservative? Is he, in effect, the “conservative” libertarian of the preceding paragraph — unwilling to invoke the power of the state against acts in which he would not engage? Is that all there is to it?

Hardly. I have played fast and loose with the idea of conservatism by portraying it as a kind of prudishness or finickiness. Conservatism, properly understood, is not those things.

But I am getting ahead of myself. Let us begin with libertarianism. It is a “big tent” that accommodates anarchists and minarchists. Minarchists believe that government, being inevitable if not necessary, must be kept within strict bounds. Given the inevitabliity of government, it is better to control it than to be controlled by it. It is therefore better to design an accountable one that can be kept within its bounds (or so minarchists hope) than to suffer an imposed regime, most likely an oppressive one.

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

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

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

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

Does minarchism square with conservatism? It all depends on what one means by conservatism, and on the brand of minarchism one has in mind.

There is, in my view, a “core” conservatism, which Russell Kirk articulates in his “Six Canons of Conservative Thought“:

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

Kirk’s canons, at first glance, seem orthogonal to minarchism, if not opposed to it.  But they are compatible with right-minarchism (as defined here):

1. Political problems are moral problems. A right-minarchist would say that it is immoral to take from others what they have rightly earned what they possess. There are, of course, persons who profess to be religious and yet believe that it is right for government to take from the “rich” and give to the poor (or whatever group happens to find favor with those who control government at a particular time). But a truly conservative view of the matter is found in the Seventh Commandment: You shall not steal. A Christian is exhorted to do good with his income, sharing with others and being as open-handed as possible toward employees, while meeting his family’s needs and maintaining a viable business. The sharing of one’s income and the property that derives from it is a matter of conscience, not a matter for government to decide.

2. Right-minarchism is not in any way a “radical system.” The only kind of “equalitarianism” to be found in right-minarchism is the equality of rights, which are the same for all. Right-minarchists reject utilitarianism — the belief in a transcendent welfare function — as nothing more than an excuse for dictatorship in the name of “society”. Right-minarchists may even believe that tradition is essential to social cohesion, without which violence and suspicion would displace mutually beneficial coexistence and cooperation.

3. Orders and classes result naturally from spontaneous order,

those ‘natural processes’ which are not the product of reason or intention. The classic example is the free market economy in which the co-ordination of the aims and purposes of countless actors, who cannot know the aims and purposes of more than a handful of their fellow citizens, is achieved by the mechanism of prices. A change in the price of a commodity is simply a signal which feeds back information into the system enabling actors to ‘automatically’ produce that spontaneous co-ordination which appears to be the product of an omniscient mind. The repeated crises in dirigiste systems are in essence crises of information since the abolition of the market leaves the central planner bereft of that economic knowledge which is required for harmony. There is no greater example of the hubris of the constructivist than in this failure to envisage order in a natural process (which is not of a directly physical kind). As Hayek says in “Principles of a Liberal Social Order”:

Much of the opposition to a system of freedom under general laws arises from the inability to conceive of an effective co-ordination of human activities without deliberate organization by a commanding intelligence. One of the achievements of economic theory has been to explain how such a mutual adjustment of the spontaneous activities of individuals is brought about by the market, provided that there is a known delimitation of the sphere of control of each individual.

Right-minarchism fosters spontaneous order, which benefits not only the form of social behavior known as economic activity but all forms of social behavior. Right-minarchism, in short, enables the cream to rise to the top, as the old (pre-homgenization) saying goes. This is true in the economic sphere, where rewards are in keeping with the value that willing buyers place on the products and services of sellers. It is true, also, in the social sphere, where institutions and persons are honored and respected for the value they add to the lives they touch. There are natural “orders and classes”, and they are preferable to the arbitrary ones that are imposed by dirigiste systems.

4. Right-minarchism is founded on the intimate connection of freedom and property. There is no freedom without the right to acquire property, that is, to enjoy the fruits of one’s labor. Leveling amounts to theft, and it removes a vital incentive to act in economically and, therefore, socially beneficial ways.

5. Right-minarchists agree that civil order is an essential condition for productive economic and social intercourse. It therefore follows that free civil institutions — family, church, club, and so on — yield traditions that conduce to civil order. Those traditions may evolve with time, but only as their evolution is found to be beneficial.

6. Right-minarchism rules out change for the sake of a politician’s perceived need for change. It allows changes only where such change is beneficial to the parties affected by it, and voluntarily accepted by them.

In sum, there is no essential conflict between Kirk’s brand of Burkean conservatism and the right-minarchistic branch of libertarianism.

This brings me to Friedrich Hayek — a right-minarchist, in my view — who argued as persuasively as anyone against an intrusive state (though he was not averse to a “social safety net”), but who seemingly rejected conservatism. The famous postscript to Hayek’s The Constitution of Liberty is called “Why I Am Not a Conservative”. In the following excerpts, Hayek’s use of “liberal” should be understood as a reference to classical liberalism, the anti-statist position which is the antithesis of modern “liberalism” or “progressivism”:

Conservatism proper is a legitimate, probably necessary, and certainly widespread attitude of opposition to drastic change. It has, since the French Revolution, for a century and a half played an important role in European politics. Until the rise of socialism its opposite was liberalism. There is nothing corresponding to this conflict in the history of the United States, because what in Europe was called “liberalism” was here the common tradition on which the American polity had been built: thus the defender of the American tradition was a liberal in the European sense. This already existing confusion was made worse by the recent attempt [by William F. Buckley Jr. et al.] to transplant to America the European type of conservatism, which, being alien to the American tradition, has acquired a somewhat odd character….

… [The European type of conservatism] by its very nature … cannot offer an alternative to the direction in which we are moving [i.e., toward socialism]. It may succeed by its resistance to current tendencies in slowing down undesirable developments, but, since it does not indicate another direction, it cannot prevent their continuance. It has, for this reason, invariably been the fate of conservatism to be dragged along a path not of its own choosing. The tug of war between conservatives and progressives can only affect the speed, not the direction, of contemporary developments….

… Before I consider the main points on which the liberal attitude is sharply opposed to the conservative one, I ought to stress that there is much that the liberal might with advantage have learned from the work of some conservative thinkers…. However reactionary in politics such figures as Coleridge, Bonald, De Maistre, Justus Möser, or Donoso Cortès may have been, they did show an understanding of the meaning of spontaneously grown institutions such as language, law, morals, and conventions that anticipated modern scientific approaches and from which the liberals might have profited. But the admiration of the conservatives for free growth generally applies only to the past. They typically lack the courage to welcome the same undesigned change from which new tools of human endeavors will emerge….

This fear of trusting uncontrolled social forces is closely related to two other characteristics of conservatism: its fondness for authority and its lack of understanding of economic forces. Since it distrusts both abstract theories and general principles, it neither understands those spontaneous forces on which a policy of freedom relies nor possesses a basis for formulating principles of policy. Order appears to the conservative as the result of the continuous attention of authority, which, for this purpose, must be allowed to do what is required by the particular circumstances and not be tied to rigid rule. A commitment to principles presupposes an understanding of the general forces by which the efforts of society are co-ordinated, but it is such a theory of society and especially of the economic mechanism that conservatism conspicuously lacks….

[T]he main point … is the characteristic complacency of the conservative toward the action of established authority and his prime concern that this authority be not weakened rather than that its power be kept within bounds. This is difficult to reconcile with the preservation of liberty. In general, it can probably be said that the conservative does not object to coercion or arbitrary power so long as it is used for what he regards as the right purposes. He believes that if government is in the hands of decent men, it ought not to be too much restricted by rigid rules….

Hayek’s mentor and colleague, Ludwig von Mises, immediately expressed his agreement with Hayek’s rejection of conservatism:

I completely agree with your rejection of conservatism. In his book Up from Liberalism, Buckley — as a person a fine and educated man — has clearly defined his standpoint: “Conservatism is the tacit acknowledgment that all that is finally important in human experience is behind us; that the crucial explorations have been undertaken and that it is given to man to know what are the great truths that emerged from them. Whatever is to come cannot outweigh the importance to man of what has gone before.” [p. 154]

I quite agree with Hayek and Mises, to the extent that their target is Buckley and his adherents, in whose “conservatism” I could never find a coherent principle, except the one identified by Mises. Buckley’s program, it seems to me, was always one of opposition, expressed so reconditely that it almost defies analysis and refutation. For example, Buckley rightly excoriates the infantile posturing of Murray Rothbard and his anarchistic ilk (here, at “The Right Anarchists”), while at the same time demonstrating the truth of Hayek’s charge that “the characteristic complacency of the conservative toward the action of established authority and his prime concern that this authority be not weakened rather than that its power be kept within bounds”; thus Buckley writes:

… The American conservative believes that the state is as often as not [emphasis added] an instrument of mischief as of good….

But no, children, one does not therefore argue against the existence of the state. The conservative harbors the presumption against any growth in state power.

But apparently not a presumption for the reduction of state power.

Returning to Kirk, we find an affirmation of liberty in his essay, “The Best Form of Government”, which he penned in the year that Hayek rejected conservatism (as he understood it). Kirk applies the idea of spontaneous order, of which Hayek was a leading exponent. But Kirk’s understanding of spontaneous order goes deeper than Hayek’s:

Good government is not of uniform design. Order and justice and freedom are found in diverse ways, and any government which intends to shelter the happiness of its people must be founded upon the moral convictions, the cultural inheritance, and the historic experience of that people. Theory divorced from experience is infinitely dangerous, the plaything of the ideologue….

I am saying this: governments are the offspring of religion and morals and philosophy and social experience; governments are not the source of civilization, nor the manufacturers of happiness. As Christianity embraces no especial scheme of politics, so various forms of government are best—under certain circumstances, in certain times and certain nations. And, far from being right to revolt against small imperfections in government, a people are fortunate if their political order maintains a tolerable degree of freedom and justice for the different interests in society. We are not made for perfect things, and if ever we found ourselves under the domination of the perfect government, we would make mincemeat of it, from pure boredom.

Where does that leave the relationship between conservatism and the right-minarchistic branch of libertarianism? It is superficial to proclaim the virtues of individualism and spontaneous order while rejecting the indispensable, civilizing role of tradition. A libertarian who is not also a Burkean conservative is on a par with his ostensible opponent, the rationalist of the left:

How deeply the rationalist disposition of mind has invaded our political thought and practice is illustrated by the extent to which traditions of behaviour have given place to ideologies, the extent to which the politics of destruction and creation have been substituted for the politics of repair, the consciously planned and deliberately executed being considered (for that reason) better than what has grown up and established itself unselfconsciously over a period of time…. This is, perhaps, the main significance of Hayek’s Road to Serfdom — not the cogency of his doctrine, but the fact that it is a doctrine. A plan to resist all planning may be better than its opposite, but it belongs to the same style of politics. And only in a society already deeply infected with Rationalism will the conversion of the traditional resources of resistance to the tyranny of Rationalism into a self-conscious ideology be considered a strengthening of those resources. [Michael Oakeshott, “Rationalism in Politics,” in Rationalism in Politics and Other Essays, new and expanded edition, pp. 26-7]

What conclusions do I draw from the preceding tour of libertarianism and conservatism? These:

It is entirely possible to be a libertarian conservative, that is, a conservative (of Burkean stripe) who believes that humane values are most likely to survive and thrive under the aegis of a minimal state.  This kind of conservative is an adherent of right-minarchism, which is a species of libertarianism. And, in my view, right-minarchism is the only kind of libertarianism that is both coherent and viable.

A libertarian of conservative mien — a so-called conservative libertarian — will favor a minimal state (if any), by definition. But such a person may be “conservative” only in matters of personal taste, and not because he subscribes to the conservatism of Burke and Kirk. He may in fact be in favor of governmental efforts to demolish long-standing social norms. He will give his support to such efforts in the name of liberty and without regard for the true bulwark of liberty: the restraining influence of voluntarily evolved norms of behavior.

In short, a “conservative” libertarian is in all likelihood a left-minarchist. Left-minarchists — who support state action to impose “equality” of various kinds — dismiss (or are ignorant of) the importance of social norms in binding a people together in mutual respect, trust, and forbearance. And it is that bond — far more than the threat of state action — which allows us to go about our daily lives in the peaceful pursuit of happiness.

That said, libertarians (of all stripes) and conservatives (“conservative” yahoos excepted) have a common political enemy: the over-reaching state. Libertarians who are tempted to make cause with “liberals” because they happen to agree with “liberals” about the permissibility of certain kinds of behavior should resist the temptation. There is nothing to be gained from an alliance with “liberals”, who will only use libertarian arguments cynically to advance measures that suppress liberty.

And what is liberty? It is not “do as you will as long as you don’t harm others”. That definition, adapted from John Stuart Mill’s oft-invoked “harm principle,” is an empty concept unless it rests on a specific, agreed definition of harm. Liberty — the absence of harm — is therefore a social construct. That is to say, liberty is a modus vivendi for a group of individuals. It comes down to this:

peaceful, willing coexistence and its concomitant: beneficially cooperative behavior.

What could be more conservative?


Related reading:
Carson Holloway, “Conservatism and Freedom”, Public Discourse, November 8, 2013
Jonathan Neumann, “God, Hayek, and the Conceit of Reason”, Standpoint, January/February 2014 (This is generally applicable to libertarians, though it misses Hayek’s defense of tradition; see this post, for example.)
Claude S. Fischer, “Libertarianism Is Very Strange”, Boston Review, January 27, 2014
Glenn Fairman, “Libertarianism and the Public Good”, American Thinker, January 29, 2014
Scott Yenor, “The Problem with the ‘Simple Principle’ of Liberty“, Law and Liberty, March 19, 2018


Related posts:
On Liberty
What Is Conservatism?
Line-Drawing and Liberty
Pseudo-Libertarian Sophistry vs. True Libertarianism
Intellectuals and Society: A Review
The Golden Rule and the State
Government vs. Community
Bounded Liberty: A Thought Experiment
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Understanding Hayek
The Golden Rule as Beneficial Learning
Facets of Liberty
Burkean Libertarianism
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
The Libertarian-Conservative Fusion Is Alive and Well
Why Conservatism Works
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
Conservatism as Right-Minarchism
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Modern Liberalism as Wishful Thinking
Romanticizing the State
Governmental Perversity
Libertarianism and the State
“Liberalism” and Personal Responsibility
My View of Libertarianism
More About Social Norms and Liberty
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Another Look at Political Labels
Individualism, Society, and Liberty
Social Justice vs. Liberty
Economically Liberal, Socially Conservative
The Harm Principle Revisited: Mill Conflates Society and State
Liberty and Social Norms Re-examined
Natural Law, Natural Rights, and the Real World
Natural Law and Natural Rights Revisited
Rescuing Conservatism
Disposition and Ideology

Government vs. Community

Tibor Machan reminds us that, contra Paul Krugman, government is not community:

Finally Paul Krugman, Princeton University Nobel Laureate in economic science and columnist for The New York Times, has come clean about his “moral” position (TNYT, January 14, 2011). He has admitted that he doesn’t believe that when you earn something, you own it….

If my life doesn’t belong to me–if the norm the Declaration of Independence identifies as universal, namely, that every human being has a right to his or her life, is false–then what is true? Does my life belong to the government? If we recall that government is a group of individuals to whom a certain social role has been delegated–namely, the role of securing the rights of the citizenry–the claim that government owns our lives and resources means nothing else but that these individuals in government own our lives and resources.

But that is very odd–why would those people be in the privileged position of owning us and what to all appearances belongs to us while we, also human beings and with equal rights, do not own our lives and resources? This makes no sense….

The idea that we belong to government is obscene and harks back to an age when Caesars, monarchs, tsars, Pharaohs and such were believed to have been given their realm by God and everything within that realm, including all the human beings, therefore belonged to them. Later these slaves and serfs began to be called subjects, implying that they were all subject to the will of the government. This is were serfdom and even taxation have their origin….

An essential aspect of any bona fide moral position is that it must be practiced voluntarily, not because someone–e. g., government–holds a gun to one’s head and coerces one to do what is right. That doesn’t count as doing the right thing, so any such policy is literally demoralizing. It robs people of the opportunity to be morally good (or bad, of course).

A society that’s fit for human habitation must not have policies that prevent citizens from exercising moral judgment. So, OK, assume for a moment that we should devote ourselves entirely to serving other people, to serving the public good. If, however, all of this is accomplished through governmental coercion like taxation, regulation, regimentation, and so forth, there can’t be anything moral about it. So Dr. Krugman’s so called moral stance isn’t one at all. It leaves no room for morality because it makes all purportedly moral conduct involuntary, imposed by rulers and not a matter of one’s own free will.

Sharing at the point of a gun is not sharing, it is theft. When government forces “sharing,” it removes opportunities for true acts of kindness and charity. It is such acts that help to foster a sense of community. And a sense of community is essential to civility.

Government interventions in economic affairs are therefore destructive of the social bonds that inhibit anti-social and criminal conduct. It follows that government interventions in economic affairs lead to increasingly expensive and oppressive efforts by government to regulate social conduct.

Related posts:
Enough of Krugman
Rights, Liberty, the Golden Rule, and the Legitimate State
An Encounter with a Marxist
The Golden Rule and the State

Is the Anger Gone?

That’s the question Matt Bai asks in yesterday’s NYT (“After Tuscon, Is the Anger Gone?”). His answer, if there is one in his assumption- and error-laden piece, is irrelevant. Bai’s article deserves a good “fisking,” which I may yet deliver. For now, I will content myself with the following observations.

“After Tuscon…” offers a strong (if unwitting) argument for reducing the footprint of the central government, which is a leading source of the division and anger evoked by the tragedy in Tuscon. Of course, those who favor a strong central government would then be angrier than they already are — and they are angry, as evidenced by the rhetoric of Krugman, Olbermann, and their ilk.

True federalism — where the central government has a hands-off policy on economic and social matters (but not civil rights) — would allow those who favor heavy-handed government to live in States that offer such government. The problem is that the people who would be (and are) attracted to such States aren’t content to endure heavy-handed government by themselves; they wish to bestow its “blessings” with everyone else. And they have succeeded in very great measure.

Most commentators, it seems to me, proceed from the assumption that those who oppose heavy-handed government have no rational basis for their “anger.” They do, but those who are wedded to heavy-handed government — most politicians and pundits, and the sheep-like majority of Americans — cannot see it. And, being unable to see it, they view anti-government rhetoric as a manifestation of psychological disturbance, when it should be viewed as a manifestation of righteous resentment at being over-taxed and over-regulated.

No amount of “dialogue” or “shared experience” can bridge the gap between statists and anti-statists. Thomas Sowell explains this well in A Conflict of Visions — a sometimes maddeningly balanced analysis of the contrasting world views that shape the divide between statists and anti-statists.

Related posts:
Libertarian-Conservatives Are from the Earth, Liberals Are from the Moon
A Dissonant Vision
Freedom of Will and Political Action
Intellectuals and Society: A Review
(Jared) Lee Harvey Loughner?

(Jared) Lee Harvey Loughner?

The rush to ascribe Jared Lee Loughner‘s despicable acts of murder and attempted murder to a right-wing “climate of hate” reminds me of the immediate reaction to the shooting of JFK in Dallas.

Because Dallas was, at that time, a media-designated hot-bed of right-wing extremism (anti-Catholic, anti-civil rights, pro-John Birch Society), the murder of JFK was immediately ascribed to the “climate of hate” which, one gathered, hung over Dallas like a miasma. It was ironic to learn, fairly quickly, that the apparent assassin, Lee Harvey Oswald, was a communist who had lived in the USSR, supported Castro’s regime in Cuba, and tried to assassinate retired Maj. Gen. Edwin Walker, a noted right-winger of the time.

History repeats itself as farce. And the present farce is the rush of the usual suspects on the left to pin Jared Lee Loughner’s acts on the “hate” that oozes (so it would seem) from the pores of Sarah Palin, Glenn Beck, Rush Limbaugh, and others on the right. (Whereas Paul Krugman, Keith Olbermann, and their ilk speak only sweet reason.) It is evident that Jared Lee Loughner does not possess a coherent political view of any kind, and that if he has been influenced by anyone it is extraterrestrial beings.

Even if Loughner were a certified right-winger of some kind, would that make Palin et al. accessories to his crime? And if so, wouldn’t that pin the assassination of JFK on Nikita Khrushchev and the attempted assassination of Ronald Reagan on Jodie Foster? Or perhaps everything is the fault of “society,” as the left likes to say when it comes to criminals.

Facts and logic will not keep the left and its allies in the media from spewing and spreading hateful rhetoric aimed at discrediting their political enemies. Nor will it keep them from trying, again, to use the power of government to disarm Americans and stifle speech of which they disapprove, speech that threatens their agenda of regimentation.

When a leftist cries “hate” and “fascism” he should be looking in a mirror.

Related posts:
Fascism with a “Friendly” Face
Parsing Political Philosophy
Fascism and the Future of America
Clinton the Conspirator
The Psychologist Who Played God

Giving Back, Again

This question appears on the website of an alumni organization to which I belong:

If the __________ were to ask all current members to give back to their community as part of their [membership] requirements, how would you like to see that play out? For example, what kind of service or citizenship activities and programs would have been useful or enriching for you, as an __________ member?

I will play the devil’s advocate by asking why a person should “give back” to his or her community. To “give back” suggests, to me, that the “giver” hasn’t been giving all along. For example, a person who earns $1 million a year (unless it’s obtained through theft, fraud, or the use of state power) hasn’t stolen anything from anyone else. Rather, that person has given $1 million worth of value to others, for which those others have paid voluntarily.

I don’t mean to disparage acts of voluntarism and charity; such acts are laudable. But they are laudable because they are voluntary, not because they signify a debt that must be repaid by “giving back.” And they are laudable only if they are undertaken in a way that doesn’t draw attention to the “giver.”

But “giving back” — in this instance, as in most others — smacks of bragging and condescension. A mind reader would find something like this among the “giver’s” thoughts:

Oh, how fortunate I am or you/we are to be blessed with brains/looks/money. It is therefore incumbent on me to make a point of my superiority by doing something gracious for less fortunate persons in whose company I otherwise wouldn’t be caught dead.

I would like not to read about a rich alumnus who has given his alma mater millions of dollars, with the understanding or in the expectation that an endowment fund or campus building will bear his name in perpetuity. I would like not to read about a movie star who has scoured third world for orphans worthy of adoption. I would like not to see TV coverage of star athletes who prance about on a field with children of many hues for the few minutes that it takes to film said coverage.

Were I not to read and see such things, I would know that voluntarism and charity don’t warrant special attention because they are unexceptional acts.

Related post: Giving Back