Not with a Bang

This is the way the world ends
This is the way the world ends
This is the way the world ends
Not with a bang but a whimper.

T.S. Elliot, The Hollow Men

It’s also the way that America is ending. Yes, there are verbal fireworks aplenty, but there will not be a “hot” civil war. The country that my parents and grandparents knew and loved — the country of my youth in the 1940s and 1950s — is just fading away.

This would not necessarily be a bad thing if the remaking of America were a gradual, voluntary process, leading to time-tested changes for the better. But that isn’t the case. The very soul of America has been and is being ripped out by the government that was meant to protect that soul, and by movements that government not only tolerates but fosters.

Before I go further, I should explain what I mean by America, which is not the same thing as the geopolitical entity known as the United States, though the two were tightly linked for a long time.

America was a relatively homogeneous cultural order that fostered mutual respect, mutual trust, and mutual forbearance — or far more of those things than one might expect in a nation as populous and far-flung as the United States. Those things — conjoined with a Constitution that has been under assault since the New Deal — made America a land of liberty. That is to say, they fostered real liberty, which isn’t an unattainable state of bliss but an actual (and imperfect) condition of peaceful, willing coexistence and its concomitant: beneficially cooperative behavior.

The attainment of this condition depends on social comity, which depends in turn on (a) genetic kinship and (b) the inculcation and enforcement of social norms, especially the norms that define harm.

All of that is going by the boards because the emerging cultural order is almost diametrically opposite that which prevailed in America. The new dispensation includes:

  • casual sex
  • serial cohabitation
  • subsidized illegitimacy
  • abortion on demand
  • easy divorce
  • legions of non-mothering mothers
  • concerted (and deluded) efforts to defeminize females and to neuter or feminize males
  • gender-confusion as a burgeoning norm
  • “alternative lifestyles” that foster disease, promiscuity, and familial instability
  • normalization of drug abuse
  • forced association (with accompanying destruction of property and employment rights)
  • suppression of religion
  • rampant obscenity
  • identity politics on steroids
  • illegal immigration as a “right”
  • “free stuff” from government (Social Security was meant to be self-supporting)
  • America as the enemy
  • all of this (and more) as gospel to influential elites whose own lives are modeled mostly on old America.

As the culture has rotted, so have the ties that bound America.

The rot has occurred to the accompaniment of cacophony. Cultural coarsening begets loud and inconsiderate vulgarity. Worse than that is the cluttering of the ether with the vehement and belligerent propaganda, most of it aimed at taking down America.

The advocates of the new dispensation haven’t quite finished the job of dismantling America. But that day isn’t far off. Complete victory for the enemies of America is only a few election cycles away. The squishy center of the electorate — as is its wont — will swing back toward the Democrat Party. With a Democrat in the White House, a Democrat-controlled Congress, and a few party switches in the Supreme Court (of the packing of it), the dogmas of the anti-American culture will become the law of the land; for example:

Billions and trillions of dollars will be wasted on various “green” projects, including but far from limited to the complete replacement of fossil fuels by “renewables”, with the resulting impoverishment of most Americans, except for comfortable elites who press such policies).

It will be illegal to criticize, even by implication, such things as abortion, illegal immigration, same-sex marriage, transgenderism, anthropogenic global warming, or the confiscation of firearms. These cherished beliefs will be mandated for school and college curricula, and enforced by huge fines and draconian prison sentences (sometimes in the guise of “re-education”).

Any hint of Christianity and Judaism will be barred from public discourse, and similarly punished. Islam will be held up as a model of unity and tolerance.

Reverse discrimination in favor of females, blacks, Hispanics, gender-confused persons, and other “protected” groups will be required and enforced with a vengeance. But “protections” will not apply to members of such groups who are suspected of harboring libertarian or conservative impulses.

Sexual misconduct (as defined by the “victim”) will become a crime, and any male person may be found guilty of it on the uncorroborated testimony of any female who claims to have been the victim of an unwanted glance, touch (even if accidental), innuendo (as perceived by the victim), etc.

There will be parallel treatment of the “crimes” of racism, anti-Islamism, nativism, and genderism.

All health care in the United States will be subject to review by a national, single-payer agency of the central government. Private care will be forbidden, though ready access to doctors, treatments, and medications will be provided for high officials and other favored persons. The resulting health-care catastrophe that befalls most of the populace (like that of the UK) will be shrugged off as a residual effect of “capitalist” health care.

The regulatory regime will rebound with a vengeance, contaminating every corner of American life and regimenting all businesses except those daring to operate in an underground economy. The quality and variety of products and services will decline as their real prices rise as a fraction of incomes.

The dire economic effects of single-payer health care and regulation will be compounded by massive increases in other kinds of government spending (defense excepted). The real rate of economic growth will approach zero.

The United States will maintain token armed forces, mainly for the purpose of suppressing domestic uprisings. Given its economically destructive independence from foreign oil and its depressed economy, it will become a simulacrum of the USSR and Mao’s China — and not a rival to the new superpowers, Russia and China, which will largely ignore it as long as it doesn’t interfere in their pillaging of respective spheres of influence. A policy of non-interference (i.e., tacit collusion) will be the order of the era in Washington.

Though it would hardly be necessary to rig elections in favor of Democrats, given the flood of illegal immigrants who will pour into the country and enjoy voting rights, a way will be found to do just that. The most likely method will be election laws requiring candidates to pass ideological purity tests by swearing fealty to the “law of the land” (i.e., abortion, unfettered immigration, same-sex marriage, freedom of gender choice for children, etc., etc., etc.). Those who fail such a test will be barred from holding any kind of public office, no matter how insignificant.

Are my fears exaggerated? I don’t think so, given what has happened in recent decades and the cultural revolutionaries’ tightening grip on the Democrat party. What I have sketched out can easily happen within a decade after Democrats seize total control of the central government.

Will the defenders of liberty rally to keep it from happening? Perhaps, but I fear that they will not have a lot of popular support, for three reasons:

First, there is the problem of asymmetrical ideological warfare, which favors the party that says “nice” things and promises “free” things.

Second, What has happened thus far — mainly since the 1960s — has happened slowly enough that it seems “natural” to too many Americans. They are like fish in water who cannot grasp the idea of life in a different medium.

Third, although change for the worse has accelerated in recent years, it has occurred mainly in forums that seem inconsequential to most Americans, for example, in academic fights about free speech, in the politically correct speeches of Hollywood stars, and in culture wars that are conducted mainly in the blogosphere. The unisex-bathroom issue seems to have faded as quickly as it arose, mainly because it really affects so few people. The latest gun-control mania may well subside — though it has reached new heights of hysteria — but it is only one battle in the broader war being waged by the left. And most Americans lack the political and historical knowledge to understand that there really is a civil war underway — just not a “hot” one.

Is a reversal possible? Possible, yes, but unlikely. The rot is too deeply entrenched. Public schools and universities are cesspools of anti-Americanism. The affluent elites of the information-entertainment-media-academic complex are in the saddle. Republican politicians, for the most part, are of no help because they are more interested on preserving their comfortable sinecures than in defending America or the Constitution.

On that note, I will take a break from blogging — perhaps forever. I urge you to read one of my early posts, “Reveries“, for a taste of what America means to me. As for my blogging legacy, please see “A Summing Up“, which links to dozens of posts and pages that amplify and support this post.

Il faut cultiver notre jardin.

Voltaire, Candide


Related reading:

Michael Anton, “What We Still Have to Lose“, American Greatness, February 10, 2019

Rod Dreher, “Benedict Option FAQ“, The American Conservative, October 6, 2015

Roger Kimball, “Shall We Defend Our Common History?“, Imprimis, February 2019

Joel Kotkin, “Today’s Cultural Engineers“, newgeography, January 26, 2019

Daniel Oliver, “Where Has All the Culture Gone?“, The Federalist, February 8, 2019

Malcolm Pollack, “On Civil War“, Motus Mentis, March 7, 2019

Fred Reed, “The White Man’s Burden: Reflections on the Custodial State“, Fred on Everything, January 17, 2019

Gilbert T. Sewall, “The Diminishing Authority of the Bourgeois Culture“, The American Conservative, February 4, 2019

Bob Unger, “Requiem for America“, The New American, January 24, 2019

A Summing Up

I started blogging in the late 1990s with a home page that I dubbed Liberty Corner (reconstructed here). I maintained the home page until 2000. When the urge to resume blogging became irresistible in 2004, I created the Blogspot version of Liberty Corner, where I blogged until May 2008.

My weariness with “serious” blogging led to the creation of Americana, Etc., “A blog about baseball, history, humor, language, literature, movies, music, nature, nostalgia, philosophy, psychology, and other (mostly) apolitical subjects.” I began that blog in July 2008 and posted there sporadically until September 2013.

But I couldn’t resist commenting on political, economic, and social issues, so I established Politics & Prosperity in February 2009. My substantive outpourings ebbed and flowed until March 2019. Now, more than two decades and almost 3,700 posts since my blogging debut, I am taking another rest from blogging — perhaps a permanent rest.

To mark this event, I have chosen what I consider to be the best of my blogging, and assigned each of my choices to one of fifteen broad topics. (Many of the selections belong under more than one heading, but I avoided repetition for the sake of brevity.) You may jump directly to any of the fifteen topics by clicking on one of these links:

I. The Academy, Intellectuals, and the Left

II. Affirmative Action, Race, and Immigration

III. Americana, Etc.: Movies, Music, Nature, Nostalgia, Sports, and Trivia

IV. Conservatism and Other Political Philosophies

V. The Constitution and the Rule of Law

VI. Economics: Principles and Issues

VII. Humor, Satire, and Wry Commentary

VIII. Infamous Thinkers and Political Correctness

IX. Intelligence and Psychology

X. Justice

XI. Politics, Politicians, and the Consequences of Government

XII. Science, Religion, and Philosophy

XIII. Self-Ownership (abortion, euthanasia, marriage, and other aspects of the human condition)

XIV. War and Peace

XV. Writing and Language

Posts are listed in chronological order under each heading. If you are looking for a post on a particular subject, begin with the more recent posts and work your way backward in time, by moving up the list or using the “related posts” links that are included in most of my posts.

Your explorations may lead you to posts that no longer represent my views. This is especially the case with respect to John Stuart Mill’s “harm principle,” which figures prominently in my early dissertations on libertarianism, but which I have come to see as shallow and lacking in prescriptive power. Thus my belief that true libertarianism is traditional conservatism. (For more, see “Social Norms and Liberty” and many of the posts under “IV. Conservatism and Other Political Philosophies.”)

For readings that cut across many categories, I suggest my “Not-So-Random Thoughts” series: I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, and XXIII. See also “The Tenor of the Times” and “Roundup: Civil War, Solitude, Transgenderism, Academic Enemies, and Immigration“.

Finally, I draw your attention to the feature pages in the sidebar, especially these:

Abortion Q & A

Climate Change

Constitution: Myths and Realities

Economic Growth Since World War II

Intelligence

Keynesian Multiplier: Fiction vs. Fact

Leftism and Leftism: A Bibliography

Movies

Presidents: Key Dates and Various Trivia

Social Norms and Liberty

Spygate (a.k.a. Russia-gate)

U.S. Supreme Court: Lines of Succession and Ideological Alignment

Writing: A Guide

Those pages span much of what I have written, and include many links to posts, articles, and books by other writers.

Now, the tour d’horizon:

I. The Academy, Intellectuals, and the Left
Like a Fish in Water
Why So Few Free-Market Economists?
Academic Bias
Intellectuals and Capitalism
“Intellectuals and Society”: A Review
The Left’s Agenda
We, the Children of the Enlightenment
The Left and Its Delusions
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
The Culture War
Ruminations on the Left in America
The Euphemism Conquers All
Defending the Offensive
Superiority
Whiners
Non-Judgmentalism as Leftist Condescension
An Addendum to (Asymmetrical) Ideological Warfare
Retrospective Virtue-Signalling
The Left and Violence
Four Kinds of “Liberals”
Leftist Condescension
The Vast Left-Wing Conspiracy
Leftism
Leftism As Crypto-Fascism: The Google Paradigm
What Is Going On? A Stealth Revolution
“Capitalism” Is a Dirty Word
“Tribalists”, “Haters”, and Psychological Projection
Utopianism, Leftism, and Dictatorship
Pronoun Profusion
Preemptive (Cold) Civil War
Abortion, the “Me” Generation, and the Left
Whence Polarization?
Social Norms, the Left, and Social Disintegration
The Lesson of Alfie Evans
Can Left and Right Be Reconciled?
“Liberalism” and Virtue-Signaling
The Fourth Great Awakening
It’s Them or Us

II. Affirmative Action, Race, and Immigration
Affirmative Action: A Modest Proposal
After the Bell Curve
A Footnote . . .
Schelling and Segregation
Illogic from the Pro-Immigration Camp
Affirmative Action: Two Views from the Academy, Revisited
Race and Reason: The Victims of Affirmative Action
Race and Reason: The Achievement Gap — Causes and Implications
Evolution and Race
“Wading” into Race, Culture, and IQ
Evolution, Culture, and “Diversity”
The Harmful Myth of Inherent Equality
Nature, Nurture, and Inequality
Immigration and Crime
Immigration and Intelligence
Let’s Have That “Conversation” about Race
The IQ of Nations
Race and Social Engineering
Who’s Obsessing, Professor McWhorter?
Racism on Parade
Immigration Blues
Why Race Matters

III. Americana, Etc.: Movies, Music, Nature, Nostalgia, Sports, and Trivia
Speaking of Modern Art
Making Sense about Classical Music
An Addendum about Classical Music
Reveries
My Views on Classical Music, Vindicated
But It’s Not Music
Mister Hockey
Testing for Steroids
Explaining a Team’s W-L Record
The American League’s Greatest Hitters
The American League’s Greatest Hitters: Part II
Conducting, Baseball, and Longevity
Who Shot JFK, and Why?
The Passing of Red Brick Schoolhouses and a Way of Life
Baseball: The King of Team Sports
May the Best Team Lose
All-Time Hitter-Friendly Ballparks (With Particular Attention to Tiger Stadium)
A Trip to the Movies
Another Trip to the Movies
The Hall of Fame Reconsidered
Facts about Presidents (a reference page)
Great (Batting) Performances
Baseball’s Greatest and Worst Teams
Mister Hockey, R.I.P.
Baseball’s Greatest 40-and-Older Hitters
Pennant Droughts, Post-Season Play, and Seven-Game World Series
Bigger, Stronger, and Faster — But Not Quicker?
The American League’s Greatest Hitters: III
Babe Ruth and the Hot-Hand Hypothesis
Competitiveness in Major-League Baseball (III)
The Seven-Game World Series
V-J Day Stirs Memories
It’s Time to Revive 1920s Jazz
“The Little Drummer Girl” and War

IV. Conservatism and Other Political Philosophies
The Roots of Statism in the United States
Libertarian-Conservatives Are from the Earth, Liberals Are from the Moon
Modern Utilitarianism
The State of Nature
Libertarianism and Conservatism
Judeo-Christian Values and Liberty
Redefining Altruism
Fundamentalist Libertarians, Anarcho-Capitalists, and Self-Defense
Where Do You Draw the Line?
Moral Issues
A Paradox for Libertarians
A Non-Paradox for Libertarians
Religion and Liberty
Science, Evolution, Religion, and Liberty
Whose Incompetence Do You Trust?
Enough of Altruism
Thoughts That Liberals Should Be Thinking
More Thoughts That Liberals Should Be Thinking
The Corporation and the State
Libertarianism and Preemptive War: Part II
Anarchy: An Empty Concept
The Paradox of Libertarianism
Privacy: Variations on the Theme of Liberty
The Fatal Naïveté of Anarcho-Libertarianism
Liberty as a Social Construct
This Is Objectivism?
Social Norms and Liberty (a reference page)
Social Norms and Liberty (a followup post)A Footnote about Liberty and the Social Compact
The Adolescent Rebellion Syndrome
Liberty and Federalism
Finding Liberty
Nock Reconsidered
The Harm Principle
Footnotes to “The Harm Principle”
The Harm Principle, Again
Rights and Cosmic Justice
Liberty, Human Nature, and the State
Idiotarian Libertarians and the Non-Aggression Principle
Slopes, Ratchets, and the Death Spiral of Liberty
Postive Rights and Cosmic Justice: Part I
Positive Rights and Cosmic Justice: Part II
The Case against Genetic Engineering
Positive Rights and Cosmic Justice: Part III
A Critique of Extreme Libertarianism
Libertarian Whining about Cell Phones and Driving
The Golden Rule, for Libertarians
Positive Rights and Cosmic Justice: Part IV
Anarchistic Balderdash
Compare and Contrast
Irrationality, Suboptimality, and Voting
Wrong, Wrong, Wrong
The Political Case for Traditional Morality
Compare and Contrast, Again
Pascal’s Wager, Morality, and the State
The Fear of Consequentialism
Optimality, Liberty, and the Golden Rule
The People’s Romance
Objectivism: Tautologies in Search of Reality
Morality and Consequentialism
On Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Fascism with a “Friendly” Face
Democracy and Liberty
The Interest-Group Paradox
Inventing “Liberalism”
Civil Society and Homosexual “Marriage”
What Is Conservatism?
Utilitarianism vs. Liberty
Fascism and the Future of America
The Indivisibility of Economic and Social Liberty
Law and Liberty
Negative Rights
Negative Rights, Social Norms, and the Constitution
Tocqueville’s Prescience
Accountants of the Soul
Invoking Hitler
The Unreality of Objectivism
“Natural Rights” and Consequentialism
Rawls Meets Bentham
The Left
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Bounded Liberty: A Thought Experiment
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
The Meaning of Liberty
Positive Liberty vs. Liberty
On Self-Ownership and Desert
Understanding Hayek
Corporations, Unions, and the State
Facets of Liberty
Burkean Libertarianism
Rights: Source, Applicability, How Held
What Is Libertarianism?
Nature Is Unfair
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
A Declaration and Defense of My Prejudices about Governance
Libertarianism and Morality
Libertarianism and Morality: A Footnote
What Is Bleeding-Heart Libertarianism?
Liberty, Negative Rights, and Bleeding Hearts
Cato, the Kochs, and a Fluke
Why Conservatism Works
A Man for No Seasons
Bleeding-Heart Libertarians = Left-Statists
Not Guilty of Libertarian Purism
Liberty and Society
Tolerance on the Left
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
The Fallacy of the Reverse-Mussolini Fallacy
Defining Liberty
Getting It Almost Right
The Social Animal and the “Social Contract”
The Futile Search for “Natural Rights”
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Modern Liberalism as Wishful Thinking
Getting Liberty Wrong
Romanticizing the State
Libertarianism and the State
Egoism and Altruism
My View of Libertarianism
Sober Reflections on “Charlie Hebdo”
“The Great Debate”: Not So Great
No Wonder Liberty Is Disappearing
The Principles of Actionable Harm
More About Social Norms and Liberty
Superiority
The War on Conservatism
Old America, New America, and Anarchy
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Society, Polarization, and Dissent
Social Justice vs. Liberty
Does Liberty Still Have a Fighting Chance?
Economically Liberal, Socially Conservative
The Left and “the People”
Why Conservatives Shouldn’t Compromise
The Harm Principle Revisited: Mill Conflates Society and State
Liberty and Social Norms Re-examined
Natural Law, Natural Rights, and the Real World
FDR and Fascism: More Data
Natural Law and Natural Rights Revisited
Rescuing Conservatism
If Men Were Angels
Liberty in Chains
Libertarianism, Conservatism, and Political Correctness
Altruism, One More Time
“Liberalism” and Leftism
Disposition and Ideology
Altruism, Self-Interest, and Voting
My View of Mill, Endorsed
Suicide or Destiny?
Conservatism vs. Ideology
O.J.’s Glove and the Enlightenment
James Burnham’s Misplaced Optimism
A Flawed Ideological Taxonomy
True Populism

V. The Constitution and the Rule of Law
Unintended Irony from a Few Framers
Social Security Is Unconstitutional
What Is the Living Constitution?
The Legality of Teaching Intelligent Design
The Legality of Teaching Intelligent Design: Part II
Law, Liberty, and Abortion
An Answer to Judicial Supremacy?
Final (?) Words about Preemption and the Constitution
More Final (?) Words about Preemption and the Constitution
Who Are the Parties to the Constitutional Contract?
The Slippery Slope of Constitutional Revisionism
The Ruinous Despotism of Democracy
How to Think about Secession
Secession
A New, New Constitution
Secession Redux
A Declaration of Independence
First Principles
The Constitution: Original Meaning, Corruption, and Restoration
The Unconstitutionality of the Individual Mandate
Does the Power to Tax Give Congress Unlimited Power?
Does Congress Have the Power to Regulate Inactivity?
Substantive Due Process and the Limits of Privacy
The Southern Secession Reconsidered
Abortion and the Fourteenth Amendment
Obamacare: Neither Necessary nor Proper
Privacy Is Not Sacred
Our Perfect, Perfect Constitution
Reclaiming Liberty throughout the Land
Obamacare, Slopes, Ratchets, and the Death-Spiral of Liberty
Another Thought or Two about the Obamacare Decision
Secession for All Seasons
Restoring Constitutional Government: The Way Ahead
“We the People” and Big Government
How Libertarians Ought to Think about the Constitution
Abortion Rights and Gun Rights
The States and the Constitution
Getting “Equal Protection” Right
How to Protect Property Rights and Freedom of Association and Expression
The Principles of Actionable Harm
Judicial Supremacy: Judicial Tyranny
Does the Power to Tax Give Congress Unlimited Power? (II)
The Beginning of the End of Liberty in America
Substantive Due Process, Liberty of Contract, and States’ “Police Power”
U.S. Supreme Court: Lines of Succession (a reference page)
Why Liberty of Contract Matters
Judicial Supremacy: Judicial Tyranny
The Answer to Judicial Supremacy
There’s More to It Than Religious Liberty
Turning Points
Equal Protection in Principle and Practice
A Resolution of Secession
Polarization and De-facto Partition
Freedom of Speech and the Long War for Constitutional Governance
Equality
Academic Freedom, Freedom of Speech, and the Demise of Civility
Restoring the Contract Clause
Preemptive (Cold) Civil War
The Framers, Mob Rule, and a Fatal Error
The Constitution: Myths and Realities
Freedom of Speech: Getting It Right
Suicide or Destiny?
Freedom of Speech, to What End?
The Polarized Court
Nullification and Secession
Judging the Justices: The Thomas Standard
The Constitution vs. Reality
How Roe v. Wade Could Die

V. Economics: Principles and Issues
Economics: A Survey (a reference page that gives an organized tour of relevant posts, many of which are also listed below)
Fear of the Free Market — Part I
Fear of the Free Market — Part II
Fear of the Free Market — Part III
Trade Deficit Hysteria
Why We Deserve What We Earn
Who Decides Who’s Deserving?
The Main Causes of Prosperity
That Mythical, Magical Social Security Trust Fund
Social Security, Myth and Reality
Nonsense and Sense about Social Security
More about Social Security
Social Security Privatization and the Stock Market
Oh, That Mythical Trust Fund!
The Real Meaning of the National Debt
Socialist Calculation and the Turing Test
Social Security: The Permanent Solution
The Social Welfare Function
Libertarian Paternalism
A Libertarian Paternalist’s Dream World
Talk Is Cheap
Giving Back to the Community
The Short Answer to Libertarian Paternalism
Second-Guessing, Paternalism, Parentalism, and Choice
Another Thought about Libertarian Paternalism
Why Government Spending Is Inherently Inflationary
Ten Commandments of Economics
More Commandments of Economics
Capitalism, Liberty, and Christianity
Risk and Regulation
Back-Door Paternalism
Liberty, General Welfare, and the State
Another Voice Against the New Paternalism
Monopoly and the General Welfare
The Causes of Economic Growth
Slippery Paternalists
The Importance of Deficits
It’s the Spending, Stupid!
There’s More to Income than Money
Science, Axioms, and Economics
Mathematical Economics
The Last(?) Word about Income Inequality
Why “Net Neutrality” Is a Bad Idea
The Feds and “Libertarian Paternalism”
The Anti-Phillips Curve
Status, Spite, Envy, and Income Redistribution
Economics: The Dismal (Non) Science
A Further Note about “Libertarian” Paternalism
Apropos Paternalism
Where’s My Nobel?
Toward a Capital Theory of Value
The Laffer Curve, “Fiscal Responsibility,” and Economic Growth
Stability Isn’t Everything
Income and Diminishing Marginal Utility
What Happened to Personal Responsibility?
The Causes of Economic Growth
Economic Growth since WWII
A Short Course in Economics
Addendum to a Short Course in Economics
Monopoly: Private Is Better than Public
The “Big Five” and Economic Performance
Does the Minimum Wage Increase Unemployment?
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
Trade
Toward a Risk-Free Economy
Enough of “Social Welfare”
A True Flat Tax
The Case of the Purblind Economist
How the Great Depression Ended
Why Outsourcing Is Good: A Simple Lesson for “Liberal” Yuppies
Microeconomics and Macroeconomics
The Illusion of Prosperity and Stability
The Deficit Commission’s Deficit of Understanding
“Buy Local”
“Net Neutrality”
The Bowles-Simpson Report
The Bowles-Simpson Band-Aid
Competition Shouldn’t Be a Dirty Word
Subjective Value: A Proof by Example
The Stagnation Thesis
Taxing the Rich
More about Taxing the Rich
Money, Credit, and Economic Fluctuations
A Keynesian Fantasy Land
“Tax Expenditures” Are Not Expenditures
The Keynesian Fallacy and Regime Uncertainty
Does “Pent Up” Demand Explain the Post-War Recovery?
Creative Destruction, Reification, and Social Welfare
What Free-Rider Problem?
Why the “Stimulus” Failed to Stimulate
The Arrogance of (Some) Economists
The “Jobs Speech” That Obama Should Have Given
Say’s Law, Government, and Unemployment
Regime Uncertainty and the Great Recession
Regulation as Wishful Thinking
Extreme Economism
We Owe It to Ourselves
In Defense of the 1%
Lay My (Regulatory) Burden Down
Irrational Rationality
The Burden of Government
Economic Growth Since World War II
The Rationing Fallacy
Government in Macroeconomic Perspective
Keynesianism: Upside-Down Economics in the Collectivist Cause
How High Should Taxes Be?
The 80-20 Rule, Illustrated
Economic Horror Stories: The Great “Demancipation” and Economic Stagnation
Baseball Statistics and the Consumer Price Index
Why Are Interest Rates So Low?
Vulgar Keynesianism and Capitalism
America’s Financial Crisis Is Now
“Ensuring America’s Freedom of Movement”: A Review
“Social Insurance” Isn’t Insurance — Nor Is Obamacare
The Keynesian Multiplier: Phony Math
The True Multiplier
Discounting in the Public Sector
Some Inconvenient Facts about Income Inequality
Mass (Economic) Hysteria: Income Inequality and Related Themes
Social Accounting: A Tool of Social Engineering
Alienation
Playing the Social Security Trust Fund Shell Game
Income Inequality and Economic Growth
A Case for Redistribution, Not Made
McCloskey on Piketty
The Rahn Curve Revisited
The Slow-Motion Collapse of the Economy
Nature, Nurture, and Inequality
Understanding Investment Bubbles
The Real Burden of Government
Diminishing Marginal Utility and the Redistributive Urge
Capitalism, Competition, Prosperity, and Happiness
Further Thoughts about the Keynesian Multiplier
The Essence of Economics
Economics and Science
Economists As Scientists
Mathematical Economics
Economic Modeling: A Case of Unrewarded Complexity
Today’s Lesson in Economics: How to Think about War
Economics from the Bottom Up
Unorthodox Economics: 1. What Is Economics?
Unorthodox Economics: 2. Pitfalls
Unorthodox Economics: 3. What Is Scientific about Economics?
Unorthodox Economics 4: A Parable of Political Economy
The Public-Goods Myth
Thaler on Discounting
Big Government and Disguised Unemployment
Rethinking Free Trade
Rethinking Free Trade II
Revisiting the Laffer Curve
Unorthodox Economics: 5. Economic Progress, Microeconomics, and Microeconomics
Rethinking Free Trade III
Macroeconomic Modeling Revisited
Shiller’s Folly

VII. Humor, Satire, and Wry Commentary
Political Parlance
Some Management Tips
Ten-Plus Commandments of Liberalism, er, Progressivism
To Pay or Not to Pay
The Ghost of Impeachments Past Presents “The Trials of William Jefferson Whatsit”
Getting It Perfect
His Life As a Victim
Bah, Humbug!
PC Madness
The Seven Faces of Blogging
DWI
Wordplay
Trans-Gendered Names
More Names
Stuff White (Liberal Yuppie) People Like
Driving and Politics
“Men’s Health”
I’ve Got a LIttle List
Driving and Politics (2)
A Sideways Glance at Military Strategy
A Sideways Glance at the Cabinet
A Sideways Glance at Politicians’ Memoirs
Daylight Saving Time Doesn’t Kill
Amazon and Austin
Driving Is an IQ Test
Screen Shots: The Glass Castle, Victoria, and The Crown
The Renaming Mania Hits a New Low

VIII. Infamous Thinkers and Political Correctness
Sunstein at the Volokh Conspiracy
More from Sunstein
Cass Sunstein’s Truly Dangerous Mind
An (Imaginary) Interview with Cass Sunstein
Professor Krugman Flunks Economics
Peter Singer’s Fallacy
Slippery Sunstein
Sunstein and Executive Power
Nock Reconsidered
In Defense of Ann Coulter
Goodbye, Mr. Pitts
Our Miss Brooks
How to Combat Beauty-ism
The Politically Correct Cancer: Another Weapon in the War on Straight White Males
Asymmetrical (Ideological) Warfare
Social Justice
Peter Presumes to Preach
More Social Justice
Luck-Egalitarianism and Moral Luck
Empathy Is Overrated
In Defense of Wal-Mart
An Economist’s Special Pleading: Affirmative Action for the Ugly
Another Entry in the Sunstein Saga
Obesity and Statism (Richard Posner)
Obama’s Big Lie
The Sunstein Effect Is Alive and Well in the White House
Political Correctness vs. Civility
IQ, Political Correctness, and America’s Present Condition
Sorkin’s Left-Wing Propaganda Machine
Baseball or Soccer? David Brooks Misunderstands Life
Sunstein the Fatuous
Tolerance
Good Riddance
The Gaystapo at Work
The Gaystapo and Islam
The Perpetual Nudger
Brandeis’s Ignorance
Babbling Brooks
Andrew Cuomo’s Fatuous Casuistry
H.L. Mencken’s Final Legacy
The Problem with Political Correctness
Mencken’s Pearl of Wisdom
Richard Thaler, Nobel Laureate
Thaler’s Non-Revolution in Economics
Another (Big) Problem with “Nudging”
The Ken Burns Apology Tour Continues
Thaler on Discounting
A Bobo in Cloud-Cuckoo Land

IX. Intelligence and Psychology
Conservatism, Libertarianism, and “The Authoritarian Personality”
The F Scale, Revisited
The Psychologist Who Played God
Intelligence, Personality, Politics, and Happiness
Intelligence as a Dirty Word
Intelligence and Intuition
Nonsense about Presidents, IQ, and War
IQ, Political Correctness, and America’s Present Condition
Alienation
Greed, Conscience, and Big Government
Tolerance
Privilege, Power, and Hypocrisy
Intelligence, Assortative Mating, and Social Engineering
The IQ of Nations
Hayek’s Anticipatory Account of Consciousness
The Internet-Media-Academic Complex vs. Real Life
More about Intelligence
Institutional Bias
Nature, Nurture, and Leniency
Some Notes about Psychology and Intelligence
The Midwest Is a State of Mind
How’s Your (Implicit) Attitude?
Jerks and Psychopaths
Selected Writings about Intelligence
The Fourth Great Awakening

X. Justice
I’ll Never Understand the Insanity Defense
Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
A Crime Is a Crime
Crime and Punishment
Abortion and Crime
Saving the Innocent?
Saving the Innocent?: Part II
A Useful Precedent
More on Abortion and Crime
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Clear Thinking about the Death Penalty
Let the Punishment Fit the Crime
Cell Phones and Driving: Liberty vs. Life
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Clear Thinking about the Death Penalty
What Is Justice?
Myopic Moaning about the War on Drugs
Saving the Innocent
Why Stop at the Death Penalty?
A Case for Perpetual Copyrights and Patents
The Least Evil Option
Legislating Morality
Legislating Morality (II)
Round Up the Usual Suspects
Left-Libertarians, Obama, and the Zimmerman Case
Free Will, Crime, and Punishment
Stop, Frisk, and Save Lives
Poverty, Crime, and Big Government
Crime Revisited
A Cop-Free World?

XI. Politics, Politicians, and the Consequences of Government
Starving the Beast
Torture and Morality
Starving the Beast, Updated
Starving the Beast: Readings
Presidential Legacies
The Rational Voter?
FDR and Fascism
The “Southern Strategy”
An FDR Reader
The “Southern Strategy”: A Postscript
The Modern Presidency: A Tour of American History
Politicizing Economic Growth
The End of Slavery in the United States
I Want My Country Back
What Happened to the Permanent Democrat Majority?
More about the Permanent Democrat Majority
Undermining the Free Society
Government Failure: An Example
The Public-School Swindle
PolitiFact Whiffs on Social Security
The Destruction of Society in the Name of “Society”
About Democracy
Externalities and Statism
Taxes: Theft or Duty?
Society and the State
Don’t Use the “S” Word When the “F” Word Will Do
The Capitalist Paradox Meets the Interest-Group Paradox
Is Taxation Slavery?
A Contrarian View of Universal Suffrage
The Hidden Tragedy of the Assassination of Lincoln
America: Past, Present, and Future
IQ, Political Correctness, and America’s Present Condition
Progressive Taxation Is Alive and Well in the U.S. of A.
“Social Insurance” Isn’t Insurance — Nor Is Obamacare
“We the People” and Big Government
The Culture War
The Fall and Rise of American Empire
O Tempora O Mores!
Presidential Treason
A Home of One’s Own
The Criminality and Psychopathy of Statism
Surrender? Hell No!
Social Accounting: A Tool of Social Engineering
Playing the Social Security Trust Fund Shell Game
Two-Percent Tyranny
A Sideways Glance at Public “Education”
Greed, Conscience, and Big Government
The Many-Sided Curse of Very Old Age
The Slow-Motion Collapse of the Economy
How to Eradicate the Welfare State, and How Not to Do It
“Blue Wall” Hype
Does Obama Love America?
Obamanomics in Action
Democracy, Human Nature, and the Future of America
1963: The Year Zero
Society
How Government Subverts Social Norms
Turning Points
The Twilight’s Last Gleaming?
“Fairness”
My Platform
How America Has Changed
Civil War?
The “H” Word, the Left, and Donald Trump
The Hypocrisy of “Local Control”
Cost Disease in the Quasi-Government Sector
Red-Diaper Babies and Enemies Within
Suicidal Despair and the “War on Whites”
Death of a Nation
The Invention of Rights
The Danger of Marginal Thinking
Politics Trumps Economics
The Dumbing-Down of Public Schools
“Why Can’t We All Just Get Along?”
Mass Murder: Reaping What Was Sown
The South, Racism, and the GOP
The American Electorate’s “Squishy Center”
The Decline of Collegiality
Do We “Belong” to Government?
The Fickle Electorate

XII. Science, Religion, and Philosophy
Same Old Story, Same Old Song and Dance
Atheism, Religion, and Science
The Limits of Science
Beware of Irrational Atheism
The Creation Model
Free Will: A Proof by Example?
Science in Politics, Politics in Science
Evolution and Religion
Science, Evolution, Religion, and Liberty
What’s Wrong with Game Theory
Is “Nothing” Possible?
Pseudo-Science in the Service of Political Correctness
Science’s Anti-Scientific Bent
Flow
Science, Axioms, and Economics
The Purpose-Driven Life
The Tenth Dimension
The Universe . . . Four Possibilities
Atheism, Religion, and Science Redux
“Warmism”: The Myth of Anthropogenic Global Warming
More Evidence against Anthropogenic Global Warming
Yet More Evidence against Anthropogenic Global Warming
Pascal’s Wager, Morality, and the State
Achilles and the Tortoise: A False Paradox
The Greatest Mystery
Modeling Is Not Science
Freedom of Will and Political Action
Fooled by Non-Randomness
Randomness Is Over-Rated
Anthropogenic Global Warming Is Dead, Just Not Buried Yet
Beware the Rare Event
Landsburg Is Half-Right
What Is Truth?
The Improbability of Us
Wrong Again
More Thoughts about Evolutionary Teleology
A Digression about Probability and Existence
Evolution and the Golden Rule
A Digression about Special Relativity
More about Probability and Existence
Existence and Creation
Probability, Existence, and Creation
Temporal and Spatial Agreement
In Defense of Subjectivism
The Atheism of the Gaps
The Ideal as a False and Dangerous Standard
Demystifying Science
Religion on the Left
Analysis for Government Decision-Making: Hemi-Science, Hemi-Demi-Science, and Sophistry
Scientism, Evolution, and the Meaning of Life
Luck and Baseball, One More Time
Are the Natural Numbers Supernatural?
The Candle Problem: Balderdash Masquerading as Science
Mysteries: Sacred and Profane
More about Luck and Baseball
Combinatorial Play
Something from Nothing?
Pseudoscience, “Moneyball,” and Luck
Something or Nothing
Understanding the Monty Hall Problem
My Metaphysical Cosmology
Further Thoughts about Metaphysical Cosmology
The Fallacy of Human Progress
Nothingness
The Glory of the Human Mind
Pinker Commits Scientism
Spooky Numbers, Evolution, and Intelligent Design
AGW: The Death Knell
Mind, Cosmos, and Consciousness
The Limits of Science (II)
Not Over the Hill
The Pretence of Knowledge
“The Science Is Settled”
The Compleat Monty Hall Problem
“Settled Science” and the Monty Hall Problem
Evolution, Culture, and “Diversity”
Some Thoughts about Probability
Rationalism, Empiricism, and Scientific Knowledge
AGW in Austin?
My War on the Misuse of Probability
Ty Cobb and the State of Science
Understanding Probability: Pascal’s Wager and Catastrophic Global Warming
Revisiting the “Marketplace” of Ideas
The Technocratic Illusion
The Precautionary Principle and Pascal’s Wager
AGW in Austin? (II)
Is Science Self-Correcting?
“Feelings, Nothing More than Feelings”
Taleb’s Ruinous Rhetoric
Words Fail Us
Fine-Tuning in a Wacky Wrapper
Is Consciousness an Illusion?
Beating Religion with the Wrong End of the Stick
Quantum Mechanics and Free Will
“Science” vs. Science: The Case of Evolution, Race, and Intelligence
Modeling Revisited
Bayesian Irrationality
The Fragility of Knowledge
Global-Warming Hype
Pattern-Seeking
Babe Ruth and the Hot-Hand Hypothesis
Deduction, Induction, and Knowledge
A (Long) Footnote about Science
Further Thoughts about Probability
Religion, Creation, and Morality
Luck: The Loser’s Excuse
The Balderdash Chronicles
The Probability That Something Will Happen
Analytical and Scientific Arrogance
The Pretence of Knowledge
Wildfires and “Climate Change”
Atheistic Scientism Revisited
Why I Don’t Believe in “Climate Change”
Ford, Kavanaugh, and Probability

XIII. Self-Ownership (abortion, euthanasia, marriage, and other aspects of the human condition)
Feminist Balderdash
Libertarianism, Marriage, and the True Meaning of Family Values
Law, Liberty, and Abortion
Privacy, Autonomy, and Responsibility
Parenting, Religion, Culture, and Liberty
The Case against Genetic Engineering
A “Person” or a “Life”?
A Wrong-Headed Take on Abortion
In Defense of Marriage
Crimes against Humanity
Abortion and Logic
The Myth That Same-Sex “Marriage” Causes No Harm
Abortion, Doublethink, and Left-Wing Blather
Abortion, “Gay Rights,” and Liberty
Dan Quayle Was (Almost) Right
The Most Disgusting Thing I’ve Read Today
Posner the Fatuous
Marriage: Privatize It and Revitalize It
The Transgender Fad and Its Consequences
Another Angle on Alienation The Invalid “Viability” Argument for Abortion
Andrew Sullivan almost Gets It
Abortion, the “Me” Generation, and the Left

XIV. War and Peace
Getting It Wrong: Civil Libertarians and the War on Terror (A Case Study)
Libertarian Nay-Saying on Foreign and Defense Policy, Revisited
Right On! For Libertarian Hawks Only
Understanding Libertarian Hawks
Defense, Anarcho-Capitalist Style
The Illogic of Knee-Jerk Civil Liberties Advocates
Getting It All Wrong about the Risk of Terrorism
Conservative Revisionism, Conservative Backlash, or Conservative Righteousness?
But Wouldn’t Warlords Take Over?
Sorting Out the Libertarian Hawks and Doves
Shall We All Hang Separately?
September 11: A Remembrance
September 11: A Postscript for “Peace Lovers”
Give Me Liberty or Give Me Non-Aggression?
NSA “Eavesdropping”: The Last Word (from Me)
Riots, Culture, and the Final Showdown
Thomas Woods and War
In Which I Reply to the Executive Editor of The New York Times
“Peace for Our Time”
Taking on Torture
Conspiracy Theorists’ Cousins
September 11: Five Years On
How to View Defense Spending
The Best Defense . . .
A Skewed Perspective on Terrorism
Not Enough Boots: The Why of It
Here We Go Again
“The War”: Final Grade
Torture, Revisited
Waterboarding, Torture, and Defense
Liberalism and Sovereignty
The Media, the Left, and War
Torture
Getting It Wrong and Right about Iran
The McNamara Legacy: A Personal Perspective
The “Predator War” and Self-Defense
The National Psyche and Foreign Wars
Inside-Outside
A Moralist’s Moral Blindness
A Grand Strategy for the United States
The Folly of Pacifism
Rating America’s Wars
Transnationalism and National Defense
The Next 9/11?
The Folly of Pacifism, Again
September 20, 2001: Hillary Clinton Signals the End of “Unity”
Patience as a Tool of Strategy
The War on Terror, As It Should Have Been Fought
The Cuban Missile Crisis, Revisited
Preemptive War
Preemptive War and Iran
Some Thoughts and Questions about Preemptive War
Defense as an Investment in Liberty and Prosperity
Riots, Culture, and the Final Showdown (revisited)
The Barbarians Within and the State of the Union
The World Turned Upside Down
Utilitarianism and Torture
Defense Spending: One More Time
Walking the Tightrope Reluctantly
The President’s Power to Kill Enemy Combatants
My Defense of the A-Bomb
Pacifism
Today’s Lesson in Economics: How to Think about War
Presidents and War
LBJ’s Dereliction of Duty
Terrorism Isn’t an Accident
The Ken Burns Apology Tour Continues
Planning for the Last War
A Rearview Look at the Invasion of Iraq and the War on Terror
Preemptive War Revisited
It’s a MAD, MAD, MAD, MAD World
The Folly of Pacifism (III)
MAD, Again
“MAD, Again”: A Footnote
More MADness: Mistaking Bureaucratic Inertia for Strategy

XV. Writing and Language
Punctuation
“Hopefully” Arrives
Hopefully, This Post Will Be Widely Read
Why Prescriptivism?
A Guide to the Pronunciation of General American English
Rules of Writing to Disregard?
On Writing (a comprehensive essay about writing, which covers some of the material presented in other posts in this section)

–30–

Never Give In

Never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.

Winston S. Churchill, October 1941

*     *     *

I was reminded of Churchill’s exhortation by Gregory Hood’s article about the reaction of Beltway “conservatives” to Tucker Carlson’s excoriation of Mitt Romney’s craven attack on President Trump. Hood says, among many things, that

flowery tributes to “freedom” by conservatives and libertarians sound like a modern-day Italian quoting the legal codes of the Papal States. If “freedom” means control over your own property, Americans have not been free for at least fifty years….

The distinction between Tucker Carlson and his Conservatism Inc. critics is the distinction between confrontation and collaboration.

Collaboration is also known as compromise, a word favored by faux conservatives because it connotes virtue. But there is nothing virtuous about it. Compromise between good and evil necessarily results in more evil.

A leading case in point is the vast expansion of government handouts — in which “conservatives” have been complicit — beginning with and since the New Deal. As I say here,

[t]he lack of something, if it’s truly important to a person, is an incentive for that person to find a way to afford the something. That’s what my parents’ generation did, even in the depths of the Great Depression, without going on the dole. There’s no reason why later generations can’t do it; it’s merely assumed that they can’t. But lots of people do it. I did it; my children did it; my grandchildren are doing it.

Republicans used to say such things openly and with conviction, before they became afraid of seeming “mean.” Principled conservatives should still be thinking and saying such things. When conservatives compromise their principles because they don’t want to seem “mean,” they are complicit in the country’s march down the road to serfdom — dependency on and obeisance to the central government.

Every advance in the direction of serfdom becomes harder and harder to reverse. The abolition of Social Security, Medicare, and Medicaid is now unthinkable, even though those programs have caused hundreds of millions of Americans to become addicted to government handouts….

The best time — usually the only time — to kill a government program is before it starts. That’s why conservatives shouldn’t compromise.

Build the wall, drain the swamp, nominate justices who drive leftists crazy. Never give in.

Peak Leftism?

Leftists used to be somewhat subtle in their efforts to win the hearts of the populace. I would say minds, too, but leftism is an emotional, delusional stance — not a reasoned or scientific one, leftist propaganda to the contrary notwithstanding. Whereas conservatism is about learning from experience, which requires personal responsibility and teaches self-reliance, leftism gives primacy to “hope” (blind faith) and “change” (for its own sake), shirks personal responsibility, and teaches reliance on government.

Now, leftism — a.k.a. fascism in the name of utopianism — seems to reach new heights of hysteria every day. Gone is the appearance of sweet reason and “compassion”. Fangs are bared, cudgels are in motion, bullets are flying.

Isn’t this bound to end, to “burn itself out”? Not necessarily. Consider the American Revolution, the French Revolution, the American Civil War, the Bolshevik Revolution, Hitler’s rise to power, and the Chinese Communist Revolution. What do they have in common with each other and with the not-so-stealthy revolution that has been taking place in America?

For one thing, the historical movements succeeded in overthrowing the established political order — for better and (usually) for worse. The ongoing stealth revolution has done so, too, but mainly by exploiting the established order’s rules, that is, by co-opting and subverting the legislative, executive, and judicial functions. The First Amendment, to take a leading example, has been exploited by the media to subvert America’s defenses; exploited by purveyors of filth and decadence to subvert social norms against such filth and decadence; and exploited by purveyors of anti-constitutional measures to advance those measures through asymmetrical ideological warfare.

The present and historical revolutions have several things in common:

  • “intellectuals” who enunciate the revolution’s aims
  • active, visible, and vocal hard-core followers who are prepared to sacrifice (and even to die) for the cause
  • fringe followers who support the cause (by word, deed, or vote) because they believe in it, or come to believe in it because of social pressure to do so
  • “financiers” who lend substantial material support to the cause because they believe in it or stand to benefit from its success.

The not-so-stealthy revolution in America is unlike the historical ones because its participants — for the most part — are not considered subversive, or cannot be treated as subversive under prevailing legal norms. One of those norms, as mentioned above, is an overly broad interpretation of the First Amendment, which empowers the enemies of liberty. Defenders of liberty, on the other hand, are being suppressed by universities and social media, acting with state-like power.

More generally, there has been an almost unrelenting assault on the Constitution, the design of which was intended to “secure the Blessings of Liberty to … our Posterity”. The stage for this assault was set when, in the words of Bertrand de Jouvenel,

the government at Washington … launch[ed] a war such as Europe had never yet seen to crush the attempt of the Southern States to form themselves into a separate unity.

As in so many instances since the Civil War, the government at Washington wrapped itself in a mantle of holiness (i.e, anti-slavery) to impose a decidedly unholy agenda on the nation. The agenda in the case of the Civil War was the destruction of the co-sovereign relationship between the States and central government that was at the heart of the Constitution. The government at Washington thereafter, and by various means, has

  • arrogated to itself power that belongs to the States under the Constitution — power which is most evident in the alphabet soup of agencies doing things that aren’t contemplated in the Constitution
  • usurped rights belonging to the people, including, but far from limited to, freedom of association and peaceful use of one’s property
  • undermined civilizing social norms, including but far from limited to, religious observances that do not constitute an establishment of religion, and the peremptory redefinition of marriage.

These power grabs have sometimes been executed boldly, and with the support of broad masses of people — especially but not exclusively during the Progressive Era, and under the aegis of the New Deal and the Great Society. But since the Progressive Era there has been a general accretion of power, often through subtle regulatory aggression, even during Republican administrations.

Given the great successes enjoyed by the enemies of liberty — by the left, that is — why the present hysteria? The unrelenting “resistance” to Trump. The phony sexual-assault allegations against Kavanaugh. The “hate whitey” campaign, to which many white leftists subscribe. The “hate” hoaxes perpetrated by their supposed (leftist) victims. The increasingly obvious pro-left bias that pervades most “news” media. The promises by congressional Democrats of post-election retribution against Republicans. And on and on.

The hysteria stems from a fear of losing ground. There is a ratchet effect in politics that has worked to the left’s advantage for more than a century. What if the ratchet effect were reversed, obviously and decisively, by the efforts of one man — a man whom the left (and dupes on the right) have done their best to thwart and discredit? Would this not embolden more advocates of liberty to speak and act boldly — to reject the compromising, emasculated, collaborationist “conservatism” of the Bushes, McCain, and Romney?

It probably would. And that’s what the left fears. And its fears are evident in the present hysteria.

That’s why today’s elections are so important. Today may well mark a turning point in the not-so-stealthy revolution. If the GOP holds the House and Senate, Trump will have been vindicated. He will have more allies (outside of Congress if not within it) in his battles to build a judiciary of constitutionalists; to fend off the cultural and electoral threat from south of the border, to rebuild America’s defenses and pursue a pro-American foreign policy, and generally to put the forces of liberty on the offensive for a change.

P.S. (on the morning after election day): The Dems have won a majority in the House, though a narrow one. Meanwhile, the GOP has increased its majority in the Senate. That is the better half of the loaf because control of the Senate means that Trump can continue to remake the judiciary in a conservative image. Further, the House will be perceived as the obstructionist body for the next two years, setting the stage for a GOP restoration there. Barring the unforeseeable, a largely successful Trump presidency will set the stage for Republican dominance in 2020.

True Populism

Populism, according to Wikipedia,

refers to a range of approaches which emphasise the role of “the people” and often juxtapose this group against “the elite”. There is no single definition of the term, which developed in the 19th century and has been used to mean various things since that time. Few politicians or political groups describe themselves as “populists”, and in political discourse the term is often applied to others pejoratively….

[T]he ideational approach … defines populism as an ideology which presents “the people” as a morally good force against “the elite”, who are perceived as corrupt and self-serving. Populists differ in how “the people” are defined, but it can be based along class, ethnic, or national lines. Populists typically present “the elite” as comprising the political, economic, cultural, and media establishment, all of which are depicted as a homogenous entity and accused of placing the interests of other groups—such as foreign countries or immigrants—above the interests of “the people”. According to this approach, populism is a thin-ideology which is combined with other, more substantial thick ideologies such as nationalism, liberalism, or socialism. Thus, populists can be found at different locations along the left–right political spectrum and there is both left-wing populism and right-wing populism.

Just as “the elite” isn’t homogeneous, neither is “the people”. True populism therefore demands a decentralized polity, according to the principle of subsidiarity:

[M]atters ought to be handled by the smallest, lowest or least centralized competent authority. Political decisions should be taken at a local level if possible, rather than by a central authority.

This is a conservative principle because deciding matters locally means that they are usually handled in accordance with social norms that prevail locally, and which reflect local conditions. This is in contrast with one-size-fits-all “solutions” imposed by distant officials who have no appreciation of local knowledge and norms, and who — in any event — are usually hostile to those things.

Subsidiarity is also, in theory, a libertarian principle. Too many self-styled libertarians, however, are quick to abandon the principle in favor of state-imposed rules that favor their views about how “society” should be organized. Thus — and to the detriment of social comity and stability — we have state-imposed abortion, a state-imposed edict to honor same-sex “marriage”, state-imposed “tolerance” of unsafe sexual acts, the rending of families by lax divorce laws, and on and on.

It is populist resentment of elite dominance that enabled Trump’s electoral victory. “Drain the swamp” is a good part of it. The rest is mainly a desire for the preservation (or restoration) of traditional American culture, the protection of which requires selective immigration and strong defenses.

The principle and spirit of populism — and its enemies — is captured by Bertrand de Jouvenel in his 1945 epic, On Power: The Natural History of its Growth:

Every Power is sure to attack centrifugal tendencies. But the behaviour of democratic Power offers in this respect some peculiar features of a striking kind. It claims its mission to be that of liberating man from the constraints put on him by the old Power, which was the more or less direct descendant of conquest. But that did not stop the Convention from guillotining the Federalists [in the French Revolution], the English Parliament from wiping out, in some of the bloodiest repressions of history, the separatist nationalism in Ireland, or the government at Washington from launching a war such as Europe had never yet seen to crush the attempt of the Southern States to form themselves into a separate unity….

This hostility to the formation of smaller communities is inconsistent with the claim to have inaugurated government of the people by itself, for clearly a government answers more closely to that description in smaller communities than in larger. Only in smaller communities can citizens choose their ruler directly from men whom they know personally. Only in them can justification be found for the encomium pronounced by Montesquieu:

The people is well fitted to choose …. The people knows well whether a man has often seen active service and what successes he has won: therefore it is well equipped to choose a general. It knows whether a judge attends to his duties; whether most people leave his court satisfied; whether or not he is corrupt: therein is knowledge sufficient for it to elect a praetor…. These are all facts which make a public square a better-informed place than the palace of a king.

But the new men whom the popular voice has made masters of the imperium have never shown any inclination to a regime of that kind. It was distasteful to them, as the heirs of the monarchical authority, to fritter away their estate on subordinating themselves. On the contrary, strong in the strength of a new legitimacy, their one aim was to increase it. Against the federalist conception [the Abbe] Sieyès [1748-1836] was their mouthpiece: “… a general administration which, starting from a common centre, will reach uniformly to the remotest parts of the Empire — a body of laws which, through its elements are provided by the body of citizens, takes bodily form at as distant a level as that of the National Assembly, to whom alone it belongs to interpret the general wish, that wish which thereafter falls with all the weight of an irresistible force on those very wills which have joined in the formation of it.” [Liberty Press edition (1993), pp. 286-288, links added, emphasis in original]

Plus ça change, plus c’est la même chose.

Utilitarianism vs. Liberty

Utilitarianism is an empty concept. And it is inimical to liberty.

What is utilitarianism, as I use the term? This:

1. (Philosophy) the doctrine that the morally correct course of action consists in the greatest good for the greatest number, that is, in maximizing the total benefit resulting, without regard to the distribution of benefits and burdens

To maximize the total benefit is to maximize social welfare, which is the well-being of all persons, somehow measured and aggregated. A true social-welfare maximizer would strive to maximize the social welfare of the planet. But schemes to maximize social welfare usually are aimed at maximizing it for the persons in a particular country, so they really are schemes to maximize national welfare.

National welfare may conflict with planetary welfare; the former may be increased (by some arbitrary measure) at the expense of the latter. Suppose, for example, that Great Britain had won the Revolutionary War and forced Americans to live on starvation wages while making things for the enjoyment of the British people. A lot of Britons would have been better off materially (though perhaps not spiritually), while most Americans certainly would have been worse off. The national welfare of Great Britain would have been improved, if not maximized, “without regard to the distribution of benefits and burdens.” On a contemporary note, anti-globalists assert (wrongly) that globalization of commerce exploits the people of poor countries. If they were right, they would at least have the distinction of striving to maximize planetary welfare. (Though there is no such thing, as I will show.)

THE UTILITARIAN WORLD VIEW

A utilitarian will favor a certain policy if a comparison of its costs and benefits shows that the benefits exceed the costs — even though the persons bearing the costs are often not the persons who accrue the benefits. That is to say, utilitarianism authorizes the redistribution of income and wealth for the “greater good”. Thus the many governmental schemes that are redistributive by design, for example, the “progressive” income tax (i.e., the taxation of income at graduated rates), Social Security (which yields greater “returns” to low-income workers than to high-income workers, and which taxes current workers for the benefit of retirees), and Medicaid (which is mainly for the benefit of persons whose tax burden is low or nil).

One utilitarian justification of such schemes is the fallacious and short-sighted assertion that persons with higher incomes gain less “utility” as their incomes rise, whereas the persons to whom that income is transferred gain much more “utility” because their incomes are lower. This principle is sometimes stated as “a dollar means more to a poor man than to a rich one”.

That is so because utilitarians are accountants of the soul, who believe (implicitly, at least) that it is within their power to balance the unhappiness of those who bear costs against the happiness of those who accrue benefits. The precise formulation, according to John Stuart Mill, is “the greatest amount of happiness altogether” (Utilitarianism, Chapter II, Section 16.)

UTILITARIANISM AS ECONOMIC FALLACY, ARROGANCE, AND HYPOCRISY

It follows — if you accept the assumption of diminishing marginal utility and ignore the negative effect of redistribution on economic growth — that overall utility (a.k.a. the social welfare function) will be raised if income is redistributed from high-income earners to low-income earners, and if wealth is redistributed from the wealthier to the less wealthy. But in order to know when to stop redistributing income or wealth, you must be able to measure the utility of individuals with some precision, and you must be able to sum those individual views of utility across the entire nation. Nay, across the entire world, if you truly want to maximize social welfare.

Most leftists (and not a few economists) don’t rely on the assumption of diminishing marginal utility as a basis for redistributing income and wealth. To them, it’s just a matter of “fairness” or “social justice”. It’s odd, though, that affluent leftists seem unable to support redistributive schemes that would reduce their income and wealth to, say, the global median for each measure. “Fairness” and “social justice” are all right in their place — in lecture halls and op-ed columns — but the affluent leftist will keep them at a comfortable distance from his luxurious abode.

In any event, leftists (including some masquerading as economists) who deign to offer an economic justification for redistribution usually fall back on the assumption of the diminishing marginal utility (DMU) of income and wealth. In doing so, they commit (at least) four errors.

The first error is the fallacy of misplaced concreteness which is found in the notion of utility. Have you ever been able to measure your own state of happiness? I mean measure it, not just say that you’re feeling happier today than you were when your pet dog died. It’s an impossible task, isn’t it? If you can’t measure your own happiness, how can you (or anyone) presume to measure — and aggregate — the happiness of millions or billions of individual human beings? It can’t be done.

Which brings me to the second error, which is an error of arrogance. Given the impossibility of measuring one person’s happiness, and the consequent impossibility of measuring and comparing the happiness of many persons, it is pure arrogance to insist that “society” would be better off if X amount of income or wealth were transferred from Group A to Group B.

Think of it this way: A tax levied on Group A for the benefit of Group B doesn’t make Group A better off. It may make some smug members of Group A feel superior to other members of Group A, but it doesn’t make all members of Group A better off. In fact, most members of Group A are likely to feel worse off. It takes an arrogant so-and-so to insist that “society” is somehow better off even though a lot of persons (i.e., members of “society”) have been made worse off.

The third error lies in the implicit assumption embedded in the idea of DMU. The assumption is that as one’s income or wealth rises one continues to consume the same goods and services, but more of them. Thus the example of chocolate cake: The first slice is enjoyed heartily, the second slice is enjoyed but less heartily, the third slice is consumed reluctantly, and the fourth  slice is rejected.

But that’s a bad example. The fact is that having more income or wealth enables a person to consume goods and services of greater variety and higher quality. Given that, it is possible to increase one’s utility by shifting from a “third helping” of a cheap product to a “first helping” of an expensive one, and to keep on doing so as one’s income rises. Perhaps without limit, given the profusion of goods and services available to consumers.

And if should you run out of new and different things to buy (an unlikely event), you can make yourself happier by acquiring more income to amass more wealth, and (if it makes you happy) by giving away some of your wealth. How much happier? Well, if you’re a “scorekeeper” (as very wealthy persons seem to be), your happiness rises immeasurably when your wealth rises from, say, $10 million to $100 million to $1 billion — and if your wealth-based income rises proportionally. How much happier is “immeasurably happier”? Who knows? That’s why I say “immeasurably” — there’s no way of telling. Which is why it’s arrogant to say that a wealthy person doesn’t “need” his next $1 million or $10 million, or that they don’t give him as much happiness as the preceding $1 million or $10 million.

All of that notwithstanding, the committed believer in DMU will shrug and say that at some point DMU must set in. Which leads me to the fourth error, which is introspective failure. If you’re like most mere mortals (as I am), your income during your early working years barely covered your bills. If you’re more than a few years into your working career, subsequent pay raises probably made you feel better about your financial state — not just a bit better but a whole lot better. Those raises enabled you to enjoy newer, better things (as discussed above). And if your real income has risen by a factor of two or three or more — and if you haven’t messed up your personal life (which is another matter) — you’re probably incalculably happier than when you were just able to pay your bills. And you’re especially happy if you put aside a good chunk of money for your retirement, the anticipation and enjoyment of which adds a degree of utility (such a prosaic word) that was probably beyond imagining when you were in your twenties, thirties, and forties.

In sum, the idea that one’s marginal utility (an unmeasurable abstraction) diminishes with one’s income or wealth is nothing more than an assumption that simply doesn’t square with my experience. And I’m sure that my experience is far from unique, though I’m not arrogant enough to believe that it’s universal.

UTILITARIANISM VS. LIBERTY

I have defined liberty as

the general observance of social norms that enables a people to enjoy…peaceful, willing coexistence and its concomitant: beneficially cooperative behavior.

Where do social norms come into it? The observance of social norms — society’s customs and morals — creates mutual trust, respect, and forbearance, from which flow peaceful, willing coexistence and beneficially cooperative behavior. In such conditions, only a minimal state is required to deal with those who will not live in peaceful coexistence, that is, foreign and domestic aggressors. And prosperity flows from cooperative economic behavior — the exchange of goods and services for the mutual benefit of the parties who to the exchange.

Society isn’t to be confused with nation or any other kind of geopolitical entity. Society — true society — is

3a :  an enduring and cooperating social group whose members have developed organized patterns of relationships through interaction with one another.

A close-knit group, in other words. It should go without saying that the members of such a group will be bound by culture: language, customs, morals, and (usually) religion. Their observance of a common set of social norms enables them to enjoy peaceful, willing coexistence and beneficially cooperative behavior.

Free markets mimic some aspects of society, in that they are physical and virtual places where buyers and sellers meet peacefully (almost all of the time) and willingly, to cooperate for their mutual benefit. Free markets thus transcend (or can transcend) the cultural differences that delineate societies.

Large geopolitical areas also mimic some aspects of society, in that their residents meet peacefully (most of the time). But when “cooperation” in such matters as mutual aid (care for the elderly, disaster recovery, etc.) is forced by government; it isn’t true cooperation, which is voluntary.

In any event, the United States is not a society. Even aside from the growing black-white divide, the bonds of nationhood are far weaker than those of a true society (or a free market), and are therefore easier to subvert. Even persons of the left agree that mutual trust, respect, and forbearance are at a low ebb — probably their lowest ebb since the Civil War.

Therein lies a clue to the emptiness of utilitarianism. Why should a qualified white person care about or believe in the national welfare when, in furtherance of national welfare (or something), a job or university slot for which the white person applies is given, instead, to a less qualified black person because of racial quotas that are imposed or authorized by government? Why should a taxpayer care about or believe in the national welfare if he is forced by government to share the burden of enlarging it through government-enforced transfer payments to those who don’t pay taxes? By what right or gift of omniscience is a social engineer able to intuit the feelings of 300-plus million individual persons and adjudge that the national welfare will be maximized if some persons are forced to cede privileges or money to other persons?

Consider Robin Hanson’s utilitarian scheme, which he calls futarchy:

In futarchy, democracy would continue to say what we want, but betting markets would now say how to get it. That is, elected representatives would formally define and manage an after-the-fact measurement of national welfare, while market speculators would say which policies they expect to raise national welfare….

Futarchy is intended to be ideologically neutral; it could result in anything from an extreme socialism to an extreme minarchy, depending on what voters say they want, and on what speculators think would get it for them….

A betting market can estimate whether a proposed policy would increase national welfare by comparing two conditional estimates: national welfare conditional on adopting the proposed policy, and national welfare conditional on not adopting the proposed policy.

Get it? “Democracy would say what we want” and futarchy “could result in anything from an extreme socialism to an extreme minarchy, depending on what voters say they want.” Hanson the social engineer believes that the “values” to be maximized should be determined “democratically,” that is, by majorities (however slim) of voters. Further, it’s all right with Hanson if those majorities lead to socialism. So Hanson envisions national welfare that isn’t really national; it’s determined by what’s approved by one-half-plus-one of the persons who vote. Scratch that. It’s determined by the politicians who are elected by as few as one-half-plus-one of the persons who vote, and in turn by unelected bureaucrats and judges — many of whom were appointed by politicians long out of office. It is those unelected relics of barely elected politicians who really establish most of the rules that govern much of Americans’ economic and social behavior.

Hanson’s version of national welfare amounts to this: whatever is is right. If Hitler had been elected by a slim majority of Germans, thereby legitimating him in Hanson’s view, his directives would have expressed the national will of Germans and, to the extent that they were carried out, would have maximized the national welfare of Germany.

Hanson’s futarchy is so bizarre as to be laughable. Ralph Merkle nevertheless takes the ball from Hanson and runs with it:

We choose to be more specific [than Hanson] about the definition of what we shall call the “collective welfare”, for the very simple reason that “voting on values” retains the dubious voting mechanism as a core component of futarchy….

We can create a DAO Democracy capable of self-improvement which has unlimited growth potential by modifying futarchy to use an unmodifiable democratic collective welfare metric, adapting it to work as a Decentralized Autonomous Organization, implementing an initial system using simple components (these components including the democratic collective welfare metric, a mechanism for adopting legislation (bills)) and using a built-in prediction market to filter through and adopt proposals for improved components….

1) Anyone can propose a bill at any time….

8) Any existing law can be amended or repealed with the same ease with which a new law can be proposed….

13) The only time this governance process would support “the tyranny of the majority” would be if oppression of some minority actually made the majority better off, and the majority was made sufficiently better off that it outweighed the resulting misery to the minority.

So, for example, we should trust that the super-majority of voters whose incomes are below the national median wouldn’t further tax the voters whose incomes are above the national median? And we should assume that the below-median voters would eventually notice that the heavy-taxation policy is causing their real incomes to decline? And we should assume that those below-median voters would care in any event, given the psychic income they derive from sticking it to “the rich”? What a fairy tale. The next thing I would expect Merkle to assert is that the gentile majority of Germans didn’t applaud or condone the oppression of the Jewish minority, that Muslim hordes that surround Israel aren’t scheming to annihilate it, and on into the fantasy-filled night.

How many times must I say it? There is no such thing as a national, social, cosmic, global, or aggregate welfare function of any kind. (Go here for a long but probably not exhaustive list of related posts.)

To show why there’s no such thing as an aggregate welfare function, I usually resort to a homely example:

  • A dislikes B and punches B in the nose.
  • A is happier; B is unhappier.
  • Someone (call him Omniscient Social Engineer) somehow measures A’s gain in happiness, compares it with B’s loss of happiness, and declares that the former outweighs the latter. Thus it is a socially beneficial thing if A punches B in the nose, or the government takes money from B and gives it to A, or the government forces employers to hire people who look like A at the expense of people who look like B, etc.

If you’re a B — and there are a lot of them out there — do you believe that A’s gain somehow offsets your loss? Unless you’re a masochist or a victim of the Stockholm syndrome, you’ll be ticked off about what A has done to you, or government has done to you on A’s behalf. Who is an Omniscient Social Engineer — a Hanson or Merkle — to say that your loss is offset by A’s gain? That’s just pseudo-scientific hogwash, also known as utilitarianism. But that’s exactly what Hanson, Merkle, etc., are peddling when they invoke social welfare, national welfare, planetary welfare, or any other aggregate measure of welfare.

What about GDP as a measure of national welfare? Even economists — or most of them — admit that GDP doesn’t measure aggregate happiness, well-being, or any similar thing. To begin with, a lot of stuff is omitted from GDP, including so-called household production, which is the effort (not to mention love) that Moms (it’s usually Moms) put into the care, feeding, and hugging of their families. And for reasons hinted at in the preceding paragraph, the income that’s earned by A, B, C, etc., not only buys different things, but A, B, C, etc., place unique (and changing) values on those different things and derive different and unmeasurable degrees of happiness (and sometimes remorse) from them.

If GDP, which is is relatively easy to estimate (within a broad range of error), doesn’t measure national welfare, what could? Certainly not systems of the kind proposed by Hanson or Merkle, both of which pretend to aggregate that which can’t be aggregated: the happiness of an entire population. (Try it with one stranger, and see if you can arrive at a joint measure of happiness.)

The worst thing about utilitarian schemes and their real-world counterparts (regulation, progressive taxation, affirmative action, etc.) is that they are anti-libertarian. As I say here,

utilitarianism compromises liberty because it accords no value to individual decisions about preferred courses of action. Decisions, to a utilitarian, are valid only if they comply with the views of the utilitarian, who feigns omniscience about the (incommensurable) happiness of individuals.

No system can be better than the “system” of liberty, in which a minimal government protects its citizens from each other and from foreign enemies — and nothing else. Liberty was lost in the instant that government was empowered not only to protect A from B (and vice versa) but to inflict A’s preferences on B (and vice versa).

Futarchy — and every other utilitarian scheme — exhibits total disregard for liberty, and for the social norms on which it ultimately depends. That’s no surprise. Social or national welfare is obviously more important to utilitarians than liberty. If half of all Americans (or American voters) want something, all of us should have it, by God, even if “it” is virtual enslavement by the regulatory-welfare state, a declining rate of economic growth, and fewer jobs for young black men, who then take it out on each other, their neighbors, and random whites.

Patrick Henry didn’t say “Give me maximum national welfare or give me death,” he said “Give me liberty or give me death.” Liberty enables people to make their own choices about what’s best for them. And if they make bad choices, they can learn from them and go on to make better ones.

No better “system” has been invented or will ever be invented. Those who second-guess liberty — utilitarians, reformers, activists, social justice warriors, and all the rest — only undermine it. And in doing so, they most assuredly diminish the welfare of most people just to advance their own smug view of how the world should be arranged.

UTILITARIANISM AND GUN CONTROL VS. LIBERTY

Gun control has been much in the news in recent years and decades. The real problem isn’t guns, but morality, as discussed here. But arguments for gun control are utilitarian, and gun control is a serious threat to liberty.

Consider the relationship between guns and crime. Here is John Lott’s controversial finding (as summarized at Wikipedia several years ago):

[A]llowing adults to carry concealed weapons significantly reduces crime in America. [Lott] supports this position by an exhaustive tabulation of various social and economic data from census and other population surveys of individual United States counties in different years, which he fits into a large multifactorial mathematical model of crime rate. His published results generally show a reduction in violent crime associated with the adoption by states of laws allowing the general adult population to freely carry concealed weapons.

Suppose Lott is right. (There is good evidence that he isn’t wrong. RAND’s recent meta-study is laughably subjective.)

If more concealed weapons lead to less crime, then the proper utilitarian policy is for governments to be more lenient about owning and bearing firearms. A policy of leniency would also be consistent with two tenets of libertarian-conservatism:

  • the right of self-defense
  • taking responsibility for one’s own safety beyond that provided by guardians (be they family, friends, passing strangers, or minions of the state), because guardians can’t be everywhere, all the time, and aren’t always effective when they are present.

Only a foolish, extreme pacifist denies the first tenet. No one (but the same foolish pacifist) can deny the second tenet in good faith.

However, if Lott is right and government policy were to veer toward greater leniency, it is possible that more innocent persons will be killed by firearms than would otherwise be the case. The incidence of accidental shootings could rise, even as the rate of crime drops.

Which is worse, more crime or more accidental shootings? Not even a utilitarian can say, because no formula can objectively weigh the two things. (Not that that will stop a utilitarian from making up some weights, to arrive at a formula that supports his prejudice in the matter.) Both have psychological aspects (victimization, wound, grief) that defy quantification. The only reasonable way out of the dilemma is to favor liberty and punish wrong-doing where it occurs. The alternative — more restrictions on gun ownership — punishes many (those who would defend themselves), instead of punishing actual wrong-doers.

Suppose Lott is wrong, and more guns mean more crime. Would that militate against the right to own and bear arms? Only if utilitarianism is allowed to override liberty. Again, I would favor liberty, and punish wrong-doing where it occurs, instead of preventing some persons from defending themselves.

In sum, the ownership and carrying of guns isn’t a problem that’s amenable to a utilitarian solution. (Few problems are, and none of them involves government.) The ownership and carrying of guns is an emotional issue (and not only on the part of gun-grabbers). The natural reaction to highly publicized mass-shootings is to “do something”.

In fact, the “something” isn’t within the power of government to do, unless it undoes many policies that have subverted civil society over the past several decades. Mass shootings — and mass killings, in general — arise from social decay. Mass killings will not stop, or slow to a trickle, until the social decay stops and is reversed — which may be never.

So when the next restriction on guns fails to stop mass murder, the next restriction on guns (or explosives, etc.) will be adopted in an effort to stop it. And so on until self-defense, personal responsibility — and liberty — are fainter memories than they already are.

My point is that it doesn’t matter whether Lott is right or wrong. Utilitarianism has no place in it for liberty. My right to self-defense and my willingness to take personal responsibility for it —  given the likelihood that government will fail to defend me — shouldn’t be compromised by hysterical responses to notorious cases of mass murder. The underlying aim of the hysterics (and the left-wingers who encourage them) is the disarming of the populace. The necessary result will be the disarming of law-abiding citizens, so that they become easier prey for criminals and psychopaths.

A proper libertarian* eschews utilitarianism as a basis for government policy. The decision whether to own and carry a weapon for self-defense belongs to the individual, who (by his decision) accepts responsibility for his actions**. The role of the state in the matter is to deter aggressive acts on the part of criminals and psychopaths by visiting swift and certain justice upon them when they commit such acts.

CONCLUSION

Utilitarianism compromises liberty because it accords no value to the abilities, knowledge, and preferences of individuals. Decisions, to a utilitarian, are valid only if they serve to increase collective happiness, which is a mere fiction. Utilitarianism is nothing more than an excuse for imposing the utilitarian’s prejudices about the way the world ought to be.


* Libertarianism, by my reckoning, spans anarchism and the two major strains of minarchism: left-minarchism and right-minarchism. The internet-dominant strains of libertarianism (anarchism and left-minarchism) are, in fact, antithetical to liberty because they denigrate civil society. (For more on the fatuousness of  the dominant strains of “libertarianism,” see “On Liberty” and “The Meaning of Liberty”.) The conservative traditionalist (right-minarchist) is both a true libertarian and a true conservative.

** Criminals and psychopaths accept responsibility de facto, as persons subject to the laws that forbid the acts that they perform. Sane, law-abiding adults accept responsibility knowingly and willinglly. Restricting the ownership of firearms necessarily puts sane, law-abiding adults at the mercy of criminals and psychopaths.

Rights, Liberty, the Golden Rule, and Leviathan

Rights arise from voluntary and enduring social relationships. In that respect, they are natural because they represent the accommodations that a people make with each other in order to coexist peacefully and to their mutual benefit. (Natural rights, as I define them, are not the same thing as the kind of “natural rights” that many philosophers, political theorists, mystics and opportunistic politicians claim to find hovering in human beings like Platonic essences. See this, this, this, and this, for example.)

Natural rights, in sum, are the interpersonal claims that a people agree upon and (mainly) observe in their daily interactions. The claims can be negative (do not kill, except in self-defense) or positive (children must be clothed, fed, and taught about rights). For reasons discussed later, such claims are valid and generally honored even if there isn’t a superior power (a chieftain, monarch, or state apparatus) to enforce them.

Liberty is the condition in which agreed rights are generally observed, and enforced when they are violated. Liberty, in other words, is the condition of peaceful, willing coexistence and its concomitant: beneficially cooperative behavior. Peaceful, willing coexistence does not imply “an absence of constraints, impediments, or interference”, which is a standard definition of liberty. Rather, it implies that there is necessarily a degree of compromise (voluntary constraint) for the sake of beneficially cooperative behavior. Even happy marriages are replete with voluntary constraints on behavior, constraints that enable the partners to enjoy the blessings of union.

That’s all there is to it. Liberty isn’t a nirvana-like state of euphoria; it’s just what everyday life is like when people are able to coexist by their own lights, perhaps under the aegis of a superior power which does nothing but ensure that they are able to do so.

The persistence of natural rights and liberty among a people is fostered primarily by mutual trust, respect, and forbearance. Punishment of violations of rights (and therefore of liberty) helps, too, as long as the punishment is generally agreed upon and applied consistently.

Natural rights, as discussed thus far, are distinct from “rights” (sometimes “natural rights”) that people demand of a superior power. (See, for example, the UN Declaration of Human Rights, which is a wish-list of things that people are “entitled” to.) Those are really privileges. Government can (and sometimes does) recognize and protect truly natural rights, but it doesn’t manufacture them. The Bill of Rights, for example, consists of a hodge-podge of actual rights (e.g., the right to bear arms), and privileges (e.g., protection from self-incrimination). Some of the latter are special dispensations made necessary by the existence of government itself, that is, promises made by the government to protect the people from its superior power.

As mentioned in passing earlier, rights are usually divided into two categories: negative and positive. Negative rights are natural rights that can be exercised without requiring anything of others but reciprocal forbearance [1]. Wikipedia puts it this way:

Adrian has a negative right to x against Clay if and only if Clay is prohibited from acting upon Adrian in some way regarding x…. A case in point, if Adrian has a negative right to life against Clay, then Clay is required to refrain from killing Adrian….

To spin out the example, there is a negative right not to be harmed (killed in this case) as long as Clay is forbidden to kill Adrian, Adrian is forbidden to kill Clay, both are forbidden to kill others, and others are forbidden to kill anyone. This is a widely understood and accepted negative right. But it is not an unconditional right. There are also widely understood and accepted exceptions to it, such as killing in self-defense.

In any event, the textbook explanation of negative rights, such as the one given by Wikipedia, is appealing. But it is simplistic, like John Stuart Mill’s harm principle.

“Negative rights” and “harm”, by themselves, are mere abstractions. It seems obvious that a person shouldn’t be harmed as long as he is doing no harm to others, which is the essence of Wikipedia‘s explanation. But “harm” is the operative word. Harm isn’t an abstraction; it’s a real thing — many real things — with concrete meanings. And those concrete meanings arise from social interactions and the norms born of them.

For example, libertarians consider it a negative right to sell one’s home to another person without interference by one’s neighbors (or the state acting on their behalf). One’s neighbors must forbear intervention, just as the seller must forbear intervention against the sales of the neighbors’ homes. But intervention may be necessary to prevent harm.

The part that libertarians usually get wrong is forbearance. Libertarians assume forbearance. They assume forbearance because they assume away — or simply ignore — the possibility that a voluntary transaction between two parties may result in harm to third parties.

But what if the buyer is an absentee owner who rents rooms to all and sundry (resulting in parking problems, an eyesore property, etc.)? Libertarians reject zoning as an infringement on the negative right of property ownership. So what are put-upon neighbors supposed to do about the absentee landlord who rents rooms to all and sundry? Well, the neighbors can always complain to the city government if things get out of hand, can’t they? Yes, but in the meantime harm will have been done, and the police may not be able to put a stop to it unless the harm actually violates a statute or ordinance that the police and courts are willing and able to enforce without being attacked as racist pigs, or some such thing.

Does the libertarian conception of negative rights have room in it for homeowners’ associations that actually allow neighborhoods to define harm, as it applies to their particular circumstances, and act to prevent it? In my experience, the libertarian conception of negative property rights — thou shalt not interfere in the sale of a house — has become enshrined in statutes and ordinances that de-fang homeowners’ associations, making them powerless to prevent harm by enforcing restrictive covenants (e.g., against renting rooms) that libertarians decry as infringements of negative rights.

The only negative rights worthy of the name are specific rights that are recognized within a voluntary and enduring association of persons. Violations of those rights undermine the fabric of mutual trust and mutual forbearance that enable a people to coexist in beneficial, voluntary cooperation. That — not some imaginary nirvana — is liberty.

By the same token, a voluntary and enduring association of persons can recognize positive rights. That is to say, positive rights — those broadly accepted as part and parcel of peaceful, willing coexistence and its concomitant: beneficially cooperative behavior — are just as much an aspect of liberty as are negative rights. (Doctrinaire libertarians, who aren’t really libertarians, mistakenly decry all positive rights as antithetical to liberty.)

Returning to the Wikipedia article quoted above, and the example of Adrian and Clay,

Adrian has a positive right to x against Clay if and only if Clay is obliged to act upon Adrian in some way regarding x…. [I]f Adrian has a positive right to life against Clay, then Clay is required to act as necessary to preserve the life of Adrian.

Negative and positive rights are compatible with each other in the context of the Golden Rule, or ethic of reciprocity: One should treat others as one would expect others to treat oneself. This is a truly natural law, for reasons I will come to.

The Golden Rule can be expanded into two, complementary sub-rules:

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

The first sub-rule fosters negative rights. The second sub-rule fosters positive rights. But, as discussed earlier, the rights in question are specific — not abstract injunctions — because they are understood and recognized in the context of voluntary and enduring social relationships.

I call the Golden Rule a natural law because it’s neither a logical construct (e.g., the “given-if-then” formulation discussed here) nor a state-imposed one. Its long history and widespread observance (if only vestigial) suggest that it embodies an understanding that arises from the similar experiences of human beings across time and place. The resulting behavioral convention, the ethic of reciprocity, arises from observations about the effects of one’s behavior on that of others and mutual agreement (tacit or otherwise) to reciprocate preferred behavior, in the service of self-interest and empathy.

That is to say, the convention is a consequence of the observed and anticipated benefits of adhering to it. Those benefits accrue not only to the person who complies with the Golden Rule in a particular situation (the actor), but also to the person (or persons) who benefit from compliance (the beneficiary). The consequences of compliance don’t usually redound immediately to the actor, but they redound indirectly over the long-term because the actor (and many more like him) do their part to preserve the convention. It follows that the immediate impetus for observance of the convention is a mixture of two considerations: (a) an understanding of the importance of preserving the convention and (b) empathy on the part of the actor toward the beneficiary.

The Golden Rule will be widely observed within a group only if the members of the group are (a) generally agreed about the definition of harm, (b) value kindness and charity (in the main), and (c) perhaps most importantly see that their acts have beneficial consequences. If those conditions are not met, the Golden Rule descends from convention to slogan.

Is the Golden Rule susceptible of varying interpretations across groups, and is it therefore a vehicle for moral relativism? Yes, with qualifications. It’s true that groups vary in their conceptions of permissible behavior. For example, the idea of allowing, encouraging, or aiding the death of old persons is not everywhere condemned. (Many — with whom I wouldn’t choose to coexist voluntarily — embrace it as a concomitant of a government-run or government-regulated health-care “system” that treats the delivery of medical services as matter of rationing.) Infanticide has a long history in many cultures; modern, “enlightened” cultures have simply replaced it with abortion. (More behavior that is beyond the pale of my preferred society.) Slavery is still an acceptable practice in some places, though those enslaved (as in the past) usually are outsiders. Homosexuality has a long history of condemnation, and occasional acceptance. (To be pro-homosexual nowadays — and especially to favor homosexual “marriage” — has joined the litany of “causes” that connote membership in the tribe of “enlightened” “progressives” [a.k.a., “liberals” and leftists], along with being for abortion [i.e., pre-natal infanticide] and against the consumption of fossil fuels — except for one’s McMansion and SUV, of course.)

The foregoing recitation suggests a mixture of reasons for favoring or disfavoring various behaviors, that is, regarding them as beneficial or harmful. Those reasons range from utilitarianism (calculated weighing of costs and benefits) to status-signaling. In between, there are religious and consequentialist reasons for favoring or disfavoring various behaviors. Consequentialist reasoning goes like this: Behavior X can be indulged responsibly and without harm to others, but there a strong risk that it will not be indulged responsibly, or that it will lead to behavior Y, which has repercussions for others. Therefore, it’s better to put X off-limits, or to severely restrict and monitor it.

Consequentialist reasoning applies to euthanasia (it’s easy to slide from voluntary to involuntary acts, especially when the state controls the delivery of medical care); infanticide and abortion (forms of involuntary euthanasia and signs of disdain for life); homosexuality (a depraved, risky practice — especially among males — that can ensnare impressionable young persons who see it as an “easy” way to satisfy sexual urges); alcohol and drugs (addiction carries a high cost, for the addict, the addict’s family, and sometimes for innocent bystanders). In the absence of governmental edicts to the contrary, long-standing attitudes toward such behaviors would prevail in most places. (Socially and geographically isolated enclaves are welcome to kill themselves off and purify the gene pool.)

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

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

None of these observations would be surprising to a person raised in the Judeo-Christian tradition, or even in the less vengeful branches of Islam. The observations would be especially unsurprising to an American who was raised in a rural, small-town, or small-city setting, well removed from a major metropolis, or who was raised in an ethnic enclave in a major metropolis. For it is such persons and, to some extent, their offspring who are the principal heirs and keepers of the Golden Rule in America.

An ardent individualist — particularly an anarcho-capitalist — might insist that social comity can be based on the negative sub-rule, which is represented by the first five items in the “core” list. I doubt it. There’s but a short psychological distance from mean-spiritedness — failing to be kind and charitable — to sociopathy, a preference for harmful acts. Ardent individualists will disagree with me because they view kindness and charity as their business, and no one else’s. They’re right about that, but kindness and charity are nevertheless indispensable to the development of mutual trust among people who in an enduring social relationship. Without mutual trust, mutual restraint becomes problematic and co-existence becomes a matter of “getting the other guy before he gets you” — a convention that I hereby dub the Radioactive Rule.

Nevertheless, the positive sub-rule, which is represented by the final two items in the “core” list, can be optional for the occasional maverick. An extreme individualist (or introvert or grouch) could be a member in good standing of a society that lives by the Golden Rule. He would be a punctilious practitioner of the negative rule, and would not care that his unwillingness to offer kindness and charity resulted in coldness toward him. Coldness is all he would receive (and want) because, as a punctilious practitioner of the negative rule; his actions wouldn’t necessarily invite harm.

But too many extreme individualists would threaten the delicate balance of self-interested and voluntarily beneficial behavior that’s implied in the Golden Rule. Even if lives and livelihoods did not depend on acts of kindness and charity — and they probably would — mistrust would set it in. And from there, it would be a short distance to the Radioactive Rule.

Of course, the delicate balance would be upset if the Golden Rule were violated with impunity. For that reason, the it must be backed by sanctions. Non-physical sanctions would range from reprimands to ostracism. For violations of the negative sub-rule, imprisonment and corporal punishment would not be out of the question.

Now comes a dose of reality. Self-governance is possible only for a group of about 25 to 150 persons: the size of a hunter-gatherer band or Hutterite colony. It seems that self-governance breaks down when a group is larger than 150 persons. Why should that happen? Because mutual trust, mutual respect, and mutual forbearance — the things implied in the Golden Rule — depend very much on personal connections. A person who is loathe to say a harsh word to an acquaintance, friend, or family member — even when provoked — often waxes abusive toward strangers, especially in this era of e-mail and comment threads, where face-to-face encounters aren’t involved.

More generally, it’s a human tendency to treat family members, friends, and acquaintances differently than strangers; the former are accorded more trust, more cooperation, and more kindness than the latter. Why? Because there’s usually a difference between the consequences of behavior that’s directed toward strangers and the consequences of behavior that’s directed toward persons one knows, lives among, and depends upon for restraint, cooperation, and help. The allure of  doing harm without penalty (“getting away with something”) or receiving without giving (“getting something for nothing”)  becomes harder to resist as one’s social distance from others increases.

The preference of like for like is derided by libertarians and leftists as tribalism, which is like the pot calling the kettle black. There’s no one who is more tribal than a leftist, who weighs every word spoken by another person to ensure that person’s alignment with the left’s current dogmas. (Libertarians have it easier, inasmuch as most of them are loners by disposition, and thrive on contrariness.) But the preference of like for like is quite rational: Cooperation and help include mutual defense (and concerted attack, in the case of leftists).

When self-governance breaks down, it becomes necessary to spin off a new group or to establish a central power (a state) to establish and enforce rules of behavior (negative and positive). The problem, of course, is that those vested with the power of the state quickly learn to use it to advance their own preferences and interests, and to perpetuate their power by granting favors to those who can keep them in office. It is a rare state that is created for the sole purpose of protecting its citizens from one another (as the referee of last resort) and from outsiders, and rarer still is the state that remains true to such purposes.

In sum, the Golden Rule — as a uniting way of life — is quite unlikely to survive the passage of a group from a self-governing community to a component of a state. Nor does the Golden Rule as a uniting way of life have much chance of revival or survival where the state already dominates. The Golden Rule may operate within non-kinship groups (e.g., parishes, clubs, urban enclaves) by regulating the interactions among the members of such groups. It may have a vestigial effect on face-to-face interactions between stranger and stranger, but that effect arises in part from the fear of giving offense that will be met with hostility or harm, not from a communal bond.

In any event, the dominance of the state distorts behavior. For example, the state may enable and encourage acts (e.g., abortion, homosexuality) that had been discouraged as harmful by group norms. And the state will diminish the ability of members of a group to bestow charity on one another through the loss of income to taxes and the displacement of private charity by state-run schemes that mimic charity (e.g., Social Security).

The all-powerful state destroys liberty, even while sometimes defending it. This is done not just by dictating how people must live their lives, which is bad enough. It is also done by eroding the social bonds that liberty is built upon — the bonds that secure peaceful, willing coexistence and its concomitant: beneficially cooperative behavior.
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[1] Here is a summary of negative rights, by Randy Barnett:

A libertarian … favors the rigorous protection of certain individual rights that define the space within which people are free to choose how to act. These fundamental rights consist of (1) the right of private property, which includes the property one has in one’s own person; (2) the right of freedom of contract by which rights are transferred by one person to another; (3) the right of first possession, by which property comes to be owned from an unowned state; (4) the right to defend oneself and others when fundamental rights are being threatened; and (5) the right to restitution or compensation from those who violate another’s fundamental rights. [“Is the Constitution Libertarian?”, Georgetown Public Law Research Paper No. 1432854 (posted at SSRN July 14, 2009), p. 3]

Borrowing from and elaborating on Barnett’s list, I come to the following set of negative rights:

  • freedom from force and fraud (including the right of self-defense against force)
  • property ownership (including the right of first possession)
  • freedom of contract (including contracting to employ/be employed)
  • freedom of association and movement
  • restitution or compensation for violations of the foregoing rights.

This set of negative rights that would obtain in a state which devolves political decisions to the level of socially cohesive groups, while serving only as the defender of such rights (in the last resort) against domestic and foreign predators.

Order vs. Authority

I am an orderly person: an organized, neat, planner. As an orderly person, I have no problem with the idea of living in a community where one’s property must conform to certain standards: the color of house paint, style of siding, height of grass, prompt removal of empty trash bins from the street, only guests’ cars parked in the street (and not overnight), garage door closed when garage isn’t in use, etc.

I know people who object to such rules, and consider them authoritarian. But the occupant of a community with strict environmental standards knows (or should know) what he’s getting into. Living in a regime of strict environmental standards as a matter of choice doesn’t signify a preference for authoritarianism, it signifies a preference for neatness. I, for one, have no desire to push other people around; leave me alone and I’ll leave you alone.

Oddly, though, the people I know who express disdain for communities with strict environmental standards like to think of themselves as “libertarian”. But they are not; they are “liberals” who have a strong preference for authoritarianism, that is, pushing other people around (e.g., Obamacare, “green” regulations). It’s just that, like most people, they don’t like to be pushed around. There’s no better word for such people than “hypocrite”.

My View of Mill, Endorsed

Scott Yenor, writing in “The Problem with the ‘Simple Principle’ of Liberty” (Law & Liberty, March 19, 2018), makes a point about J.S. Mill’s harm principle that I have made many times. Yenor begins by quoting the principle:

The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. . . . The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. . . .The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part that merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.

This is the foundational principle of libertarianism, and it is deeply flawed, as Yenor argues (successfully, in my view). He ends with this:

[T]he simple principle of [individual] liberty undermines community and compromises character by compromising the family. As common identity and the family are necessary for the survival of liberal society—or any society—I cannot believe that modes of thinking based on the “simple principle” alone suffice for a governing philosophy. The principle works when a country has a moral people, but it doesn’t make a moral people.

Here are some of the posts in which I address liberty as Mill saw it and as I see it:

On Liberty
Parsing Political Philosophy
Pseudo-Libertarian Sophistry vs. True Libertarianism
More Pseudo-Libertarianism
The Meaning of Liberty
Understanding Hayek
Burkean Libertarianism
What Is Libertarianism?
True Libertarianism, One More Time
Why Conservatism WorksLiberty and Society
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Getting Liberty Wrong
My View of Libertarianism
Social Norms and Liberty
More About Social Norms and Liberty
Individualism, Society, and Liberty
The Harm Principle Revisited: Mill Conflates Society and State
Liberty and Social Norms Re-examined

Recommended Reading

Leftism, Political Correctness, and Other Lunacies (Dispatches from the Fifth Circle Book 1)

 

On Liberty: Impossible Dreams, Utopian Schemes (Dispatches from the Fifth Circle Book 2)

 

We the People and Other American Myths (Dispatches from the Fifth Circle Book 3)

 

Americana, Etc.: Language, Literature, Movies, Music, Sports, Nostalgia, Trivia, and a Dash of Humor (Dispatches from the Fifth Circle Book 4)

Freespace and Me

This is the introduction to “Freespace and Me”, one of the pages listed at the top of this blog. It gives a place of prominence to two subjects about which I’ve often blogged: “natural rights” (the quotation marks connote their fictional status) and the connection between race and intelligence.

Late in 2004, I was asked by Timothy Sandefur to guest-blog for a week at Freespace. By combing the archives of Mr. Sandefur’s blog and using The Wayback Machine, I have reconstructed that week and its sequel, in which Sandefur and I continue an exchange that began during my guest-blogging stint. I reproduce the entire sequence of posts here.

Some of my posts are culled from my old blog, Liberty Corner, where I had cross-posted from Freespace, My name appears as Fritz at the bottom of those posts because I was using it as my handle when I culled the posts.

The attentive and determined reader who slogs through the posts reproduced here will note that Sandefur didn’t thank me for guest-blogging at Freespace. It is my view that Sandefur regretted having asked me to guest-blog because of my less-than-pure view of rights — which I take to be social constructs, not timeless entities — and my candid and accurate (but negative) take on the relative intelligence of blacks. For more on that, see “Race and Reason: The Victims of Affirmative Action“, “Race and Reason: The Achievement Gap — Causes and Implications“, “Evolution and Race“, ““Wading” into Race, Culture, and IQ“, “The Harmful Myth of Inherent Equality“, “Let’s Have That “Conversation” about Race“, “Non-Judgmentalism as Leftist Condescension“, “Affirmative Action Comes Home to Roost“, “The IQ of Nations“, “Race and Social Engineering“, “More about Intelligence“, “Leftist Condescension“, “Who’s Obsessing, Professor McWhorter?“, and “Racism on Parade“.

Among the posts reproduced below are some early ones in a prolonged exchange between Sandefur and me on the question of “natural rights”. I answered him definitively in “Evolution, Human Nature, and ‘Natural Rights’“, and he never responded, as far as I am able to tell. He has addressed “natural rights” only once since I wrote “Evolution…”, but persists in error; thus:

Of course, philosophy probably knows no more complicated word than “natural,” but when used in the context of rights, the word is meant to signify that rights are not merely conventional—they are not privileges accorded to people by the state. Instead, their origin is in something real about them: in the objective characteristics of human beings qua human beings. I know of no better word for that than “natural.” Rand contends that “[t]he source of man’s rights is not divine law or congressional law, but the law of identity, A is A—and Man is Man. Rights are conditions of existence required by nature for his proper survival…. If life on earth is his purpose, he has a right to live as a rational being: nature forbids him the irrational.” (Emphasis altered).

To understand the error –a common one among doctrinaire leftists, who justify all kinds of coercion and theft in the name of “natural rights” — read “Evolution, Human Nature, and ‘Natural Rights’“, “The Futile Search for Natural Rights’“, “Natural Law, Natural Rights, and the Real World“, and “Natural Law and Natural Rights Revisited“.

Cakes and Liberty

Mark David Hall yesterday posted “Phillips Likely to Win Masterpiece Cakeshop Case, Five Votes to Four” at Law & Liberty. I fervently hope that Phillips wins, and by a greater margin than 5-4 (though that’s probably too much to hope for).

I must say, however, that I do not much care for the First-Amendment grounding of Phillips’s case. As Hall points out, Phillips was found guilty of violating Colorado’s public accommodation statute by the state’s Civil Rights Commission when he refused to provide a cake for a same-sex wedding.

And therein lies the real injustice, which stems from the Civil Rights Act of 1964. That law (among several things) prohibits racial discrimination in “public accommodations“, which are

generally defined as facilities, both public and private, used by the public. Examples include retail stores, rental establishments and service establishments as well as educational institutions, recreational facilities, and service centers.

What is going on with Masterpiece Cakeshop, and similar cases involving florists and photographers, is what has been going on since the enactment of the Civil Rights Act of 1964 and the U.S. Supreme Court’s subsequent rulings to uphold the law: the abrogation of property rights, liberty of contract, and freedom of association.

The only excuse for pursing Phillips’s cause as a First Amendment issue is that it is far too late to restore property rights, liberty of contract, and freedom of association — all of which have been smothered by the dense web of legislative, executive, and judicial decrees that suppresses liberty in the name of liberty.

Freedom of speech and freedom of religion are hanging on by the barest of threads. If Phillips loses in the Supreme Court, they will go the way of property rights, liberty of contract, and freedom of association.


Related posts:
Substantive Due Process, Liberty of Contract, and the States’ Police Power
The Constitution: Original Meaning, Corruption, and Restoration
Our Perfect, Perfect Constitution
Restoring Constitutional Government: The Way Ahead
“We the People” and Big Government
Getting “Equal Protection” Right
The Writing on the Wall
How to Protect Property Rights and Freedom of Association and Expression
The Principles of Actionable Harm
Judicial Supremacy: Judicial Tyranny
The Beginning of the End of Liberty in America
Substantive Due Process, Liberty of Contract, and States’ “Police Power”
Why Liberty of Contract Matters
The Answer to Judicial Supremacy
There’s More to It Than Religious Liberty
Turning Points
Equal Protection in Principle and Practice
Freedom of Speech and the Long War for Constitutional Governance
Equality
Academic Freedom, Freedom of Speech, and the Demise of Civility

The End of an Era?

What do these people have in common?

Roy Moore
Harvey Weinstein
Kevin Spacey
Louis C.K.
Al Franken
Charlie Rose
John Conyers
Matt Lauer
Garrison Keillor

I’m sure I’ve missed some names. They’ve been coming too fast for me to keep up. And that’s just this year’s crop — though Bill Clinton always heads the list of past offenders (proven and alleged).

What they have in common, of course, is a rap for sexual harassment or worse — sometimes much worse.

What they also have in common is that they are all public figures who are either in politics or entertainment (which includes “news”).

The most important thing that they have in common, with the exception of Roy Moore, is their attachment to left-wing politics. Oops, here comes Clinton, again.

The day of the free pass because “his heart’s in the right place”* seems to be over.
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* This is a reference to following passage in “The Devolution of American Politics from Wisdom to Opportunism“:

The canonization of Ted Kennedy by the American left and its “moderate” dupes — in spite of Kennedy’s tawdry, criminal past — reminds me of the impeachment trial of William Jefferson Clinton. Clinton’s defense attorney Cheryl Mills said this toward the end of her summation:

[T]his president’s record on civil rights, on women’s rights, on all of our rights is unimpeachable.

In other words, Clinton could lie under oath and obstruct justice because his predatory behavior toward particular women and the criminal acts they led to were excused by his being on the “right side” on the general issue of “women’s rights.” That makes as much sense as allowing a murderer to go free because he believes in capital punishment.

Libertarianism, Conservatism, and Political Correctness

Why do conservatives and libertarians generally eschew political correctness? Because we take individual persons as they come, and evaluate each them on his merits.

That is to say, we reject stereotyping, and political correctness is just another form of stereotyping. Instead of insisting on something foolish like “all blacks are criminals”, political correctness leans the other way and insists that it is wrong to believe or say anything negative of blacks — or of any other group that has been condescendingly identified as “victims” by leftists.

Group differences matter mainly to the extent that they affect the likely success or (more likely) failure of government interventions aimed at defeating human nature. They also matter to the extent that human beings — including members of all racial and ethic groups — tend to prefer like to unlike (e.g., the preference of “liberal” white yuppies to live in enclaves of “liberal” white yuppies). But such matters have nothing to do with the conservative-libertarian disposition to treat individuals, when encountered as individuals, with the respect (or disrespect) due to them — as individuals.

In that regard, the conservative disposition is especially instructive. A conservative will not rush to judgment (pro or con) based on superficial characteristics, but will judge a person by what he actually says and does in situations that test character and ability. For example, I distinguish between leftists of my acquaintance who are at bottom kind but politically naive, and those whose political views reflect their inner nastiness.

Leftists, in their usual mindless way, take the opposite view and presume that the superficial characteristics that define a group count for more than the character and ability of each member of the group. Political correctness is of a piece with the intellectual laziness that characterizes leftism.


Related posts:
Academic Bias
Intellectuals and Capitalism
“Intellectuals and Society”: A Review
The Left’s Agenda
The Left and Its Delusions
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Are You in the Bubble?
The Culture War
Ruminations on the Left in America
Academic Ignorance
The Euphemism Conquers All
Superiority
Whiners
A Dose of Reality
God-Like Minds
Non-Judgmentalism as Leftist Condescension
An Addendum to (Asymmetrical) Ideological Warfare
Retrospective Virtue-Signalling
The Left and Violence
Four Kinds of “Liberals”
Leftist Condescension
The Vast Left-Wing Conspiracy
The Left and Evergreen State: Reaping What Was Sown
Leftism As Crypto-Fascism: The Google Paradigm
Leftism (page) and related bibliography

The Danger of Marginal Thinking

The “marginal revolution” in economics, which occurred in the latter part of the 19th century, introduced marginalism,

a theory of economics that attempts to explain the discrepancy in the value of goods and services by reference to their secondary, or marginal, utility. The reason why the price of diamonds is higher than that of water, for example, owes to the greater additional satisfaction of the diamonds over the water. Thus, while the water has greater total utility, the diamond has greater marginal utility.

Although the central concept of marginalism is that of marginal utility, marginalists, following the lead of Alfred Marshall, drew upon the idea of marginal physical productivity in explanation of cost. The neoclassical tradition that emerged from British marginalism abandoned the concept of utility and gave marginal rates of substitution a more fundamental role in analysis. Marginalism is an integral part of mainstream economic theory.

But pure marginalism can be the road to ruin for a business if the average cost of a unit of output is greater than average revenue, that is, the price for which a unit is sold.

Marginalism is the road to ruin in law and politics. If a governmental act can be shown to have a positive effect “at the margin”, its broader consequences are usually ignored. This kind of marginalism is responsible for the slippery sloperatchet effect enactment and perpetuation of one economically and socially destructive government program after another. Obamacare, same-sex “marriage”, and rampant transgenderism are the most notorious examples of recent years. Among the many examples of earlier years are the Pure Food and Drug Act, the Supreme Court’s holding in Wickard v. Filburn, the Social Security Act and its judicial vindication, the Civil Rights Act of 1964, and the various enactments related to “equal employment opportunity”, including the Americans with Disabilities Act.

Frédéric Bastiat’s wrote about it more than 160 years ago, in “What Is Seen and What Is Not Seen“:

[A] law produces not only one effect, but a series of effects. Of these effects, the first alone is immediate; it appears simultaneously with its cause; it is seen. The other effects emerge only subsequently; they are not seen; we are fortunate if we foresee them.

The unseen effects — the theft of Americans’ liberty and prosperity — had been foreseen by some (e.g., Tocqueville and Hayek). But their wise words have been overwhelmed by power-lust, ignorance, and greed. Greed manifests itself in the interest-group paradox:

The interest-group paradox is a paradox of mass action….

Pork-barrel legislation exemplifies the interest-group paradox in action, though the paradox encompasses much more than pork-barrel legislation. There are myriad government programs that — like pork-barrel projects — are intended to favor particular classes of individuals. Here is a minute sample:

  • Social Security, Medicare, and Medicaid, for the benefit of the elderly (including the indigent elderly)
  • Tax credits and deductions, for the benefit of low-income families, charitable and other non-profit institutions, and home buyers (with mortgages)
  • Progressive income-tax rates, for the benefit of persons in the mid-to-low income brackets
  • Subsidies for various kinds of “essential” or “distressed” industries, such as agriculture and automobile manufacturing
  • Import quotas, tariffs, and other restrictions on trade, for the benefit of particular industries and/or labor unions
  • Pro-union laws (in many States), for the benefit of unions and unionized workers
  • Non-smoking ordinances, for the benefit of bar and restaurant employees and non-smoking patrons.

What do each of these examples have in common? Answer: Each comes with costs. There are direct costs (e.g., higher taxes for some persons, higher prices for imported goods), which the intended beneficiaries and their proponents hope to impose on non-beneficiaries. Just as importantly, there are indirect costs of various kinds (e.g., disincentives to work and save, disincentives to make investments that spur economic growth)….

You may believe that a particular program is worth what it costs — given that you probably have little idea of its direct costs and no idea of its indirect costs. The problem is millions of your fellow Americans believe the same thing about each of their favorite programs. Because there are thousands of government programs (federal, State, and local), each intended to help a particular class of citizens at the expense of others, the net result is that almost no one in this fair land enjoys a “free lunch.” Even the relatively few persons who might seem to have obtained a “free lunch” — homeless persons taking advantage of a government-provided shelter — often are victims of the “free lunch” syndrome. Some homeless persons may be homeless because they have lost their jobs and can’t afford to own or rent housing. But they may have lost their jobs because of pro-union laws, minimum-wage laws, or progressive tax rates (which caused “the rich” to create fewer jobs through business start-ups and expansions).

The paradox that arises from the “free lunch” syndrome is…. like the paradox of panic, in that there is a  crowd of interest groups rushing toward a goal — a “pot of gold” — and (figuratively) crushing each other in the attempt to snatch the pot of gold before another group is able to grasp it. The gold that any group happens to snatch is a kind of fool’s gold: It passes from one fool to another in a game of beggar-thy-neighbor, and as it passes much of it falls into the maw of bureaucracy.

As far as I know, only one agency of the federal government has been abolished in my lifetime, while dozens have been created and expanded willy-nilly at the behest of politicians, bureaucrats, and cronies. The one that was abolished — the Interstate Commerce Commission — still had “residual functions” that were transferred elsewhere. That’s the way it works in Washington, and in State capitals.

So one obvious danger of marginal thinking is that the nose of the camel under the edge of the tent is invariably followed by its neck, its humps, its tail, another camel’s nose, etc., etc. etc.

There’s a less obvious danger, which is typified by the penchant of faux-libertarians for dismissing objections to this and that “harmless” act. Economist Mark Perry, for example, regurgitates Milton Friedman’s 30-year-old plea for the decriminalization of drugs. Just because some behavior is “private” doesn’t mean that it’s harmless to others. Murder behind a closed door is still murder.

In the case of drugs, I turn to Theodore Dalrymple:

[I]t is not true that problems with drugs arise only when or because they are prohibited.

The relationship between crime and drug prohibition is also much more complex than the legalizers would have us believe. It is certainly true that gangs quickly form that try to control drug distribution in certain areas, and that conflict between the aspirant gangs leads to violence…. But here I would point out two things: first that the violence of such criminal gangs was largely confined to the subculture from which they emerged, so that other people were not much endangered by it; and second that, in my dealings with such people, I did not form the impression that, were it not for the illegality of drugs, they would otherwise be pursuing perfectly respectable careers. If my impression is correct, then the illegality of drugs might protect the rest of society from their criminality: the illegal drug trade being the occasion, but not the cause, of their violence.

What about Prohibition, is the natural reply? It is true that the homicide rate in the United States fell dramatically in the wake of repeal. By the 1960s, however, when alcohol was not banned, it had climbed higher than during Prohibition…. Moreover, what is less often appreciated, the homicide rate in the United States rose faster in the thirteen years before than in the thirteen years during Prohibition. (In other respects, Prohibition was not as much of a failure as is often suggested: alcohol-related problems such as liver disease declined during it considerably. But no consequences by themselves can justify a policy, otherwise the amputation of thieves’ hands would be universal.) Al Capone was not a fine upstanding citizen before Prohibition turned him into a gangster. [“Ditching Drug Prohibition: A Dissent”, Library of Law and Liberty, July 23, 2015, and the second in a series; see also “The Simple Truth about J.S. Mill’s Simple Truth”, op. cit., July 20, 2015; “Myths and Realities of Drug Addiction, Consumption, and Crime”, op. cit., July 31, 2015; and “Closing Argument on the Drug Issue”, op. cit., August 4, 2015]

This reminds me of my post, “Prohibition, Abortion, and ‘Progressivism’”, in which I wrote about the Ken Burns series, Prohibition. Here’s some of it:

Although eugenics is not mentioned in Prohibition, it looms in the background. For eugenics — like prohibition of alcohol and, later, the near-prohibition of smoking — is symptomatic of the “progressive” mentality. That mentality is paternalistic, through and through. And “progressive” paternalism finds its way into the daily lives of Americans through the regulation of products and services — for our own good, of course. If you can think of a product or service that you use (or would like to use) that is not shaped by paternalistic regulation or taxes levied with regulatory intent, you must live in a cave.

However, the passing acknowledgement of “progressivism” as a force for the prohibition of alcohol is outweighed by the attention given to the role of “evangelicals” in the enactment of prohibition. I take this as a subtle swipe at anti-abortion stance of fundamentalist Protestants and adherents of the “traditional” strands of Catholicism and Judaism. Here is the “logic” of this implied attack on pro-lifers: Governmental interference in a personal choice is wrong with respect to the consumption of alcohol and similarly wrong with respect to abortion.

By that “logic,” it is wrong for government to interfere in or prosecute robbery, assault, rape, murder and other overtly harmful acts, which — after all — are merely the consequences of personal choices made by their perpetrators. Not even a “progressive” would claim that robbery, assault, etc., should go unpunished, though he would quail at effective punishment.

“Liberals” of both kinds (“progressive” fascists and faux-libertarian) just don’t know when to smack camels on the nose. Civilization depends on deep-seated and vigorously enforced social norms. They reflect eons of trial and error, and can’t be undone peremptorily without unraveling the social fabric — the observance of mores and morals that enable a people to coexist peacefully and beneficially because they are bound by mutual trust, mutual respect, and mutual forbearance.

A key function of those norms is to inculcate self-restraint. For it is the practice of self-restraint that underlies peaceful, beneficial coexistence: What goes around comes around.


Related pages and posts:
Leftism
Social Norms and Liberty
*****
On Liberty
In Defense of Marriage
Myopic Moaning about the War on Drugs
Facets of Liberty
Burkean Libertarianism
The Myth That Same-Sex “Marriage” Causes No Harm
Lock ‘Em Up
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
The Fallacy of Human Progress
Defining Liberty
The Pseudo-Libertarian Temperament
Getting Liberty Wrong
“Liberalism” and Personal Responsibility
Crime Revisited
A Cop-Free World?
The Beginning of the End of Liberty in America
Marriage: Privatize It and Revitalize It
More About Social Norms and Liberty
Amen to That
The Opposition and Crime
“And the Truth Shall Set You Free”
Double Amen
Economically Liberal, Socially Conservative
The Transgender Fad and Its Consequences
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
If Men Were Angels
Death of a Nation
Self-Made Victims

Another Angle on Alienation

In an earlier post about alienation I said that

the life of the hunter-gatherer, however fraught, is less rationalized than the kind of life that’s represented by intensive agriculture, let alone modern manufacturing and office work.

The hunter-gatherer isn’t “a cog in a machine”, he is the machine. He is the shareholder, the manager, the worker, and the consumer, all in one. His work with others is truly cooperative. It is like the execution of a game-winning touchdown by a football team, and unlike the passing of a product from stage to stage in an assembly line, or the passing of a virtual piece of paper from computer to computer.

What really matters in life — perhaps as much as love and friendship — is the sense of accomplishment that derives from producing something of value to others, something that they willingly pay for.

In decades of post-collegiate work, nothing gave me more satisfaction than the weekly publication of the Pennysaver that — in the late 1970s — I owned, operated, and poured my labor (and a large share of my savings) into for three years. “Publish or perish” was far truer of me than it is of the academics who exclaim it.

I bought the Pennysaver to escape the “rat race” of the D.C.-area government-contractor milieu: big-city anonymity, commuting, high taxes, and — most of all — disconnect between work and accomplishment. In fact, I doubted that the work that I and thousands of others like me accomplished anything but the appropriation of taxpayers’ money.

During the Pennysaver years I concentrated intensly on making a living. But more than that, I was producing something of real value — a publication supported by willing advertisers and eagerly awaited by local residents, who found it in their mailboxes every Wednesday.

I gave up the Pennysaver to return to the “rat race” of the D.C. area, so that I could earn enough to retire comfortably. (Life is full of choices; that was mine.) I often took pride in some of what I accomplished in the ensuing 18 years. But it wasn’t the same sense of accomplishment that I experienced as a business owner. It was just the satisfaction of doing a job well, even if the job wasn’t worth doing.

I worked hard in those final 18 years — from 60 to 70 hours a week until the end was nigh. But I was no longer the captain of my own ship, though I usually worked directly for the CEO. There were three of them in those years. The first one was deposed (deservedly) in a coup, brought about in part by internal opposition to his Queegish management. The second one was a careerist of high professional and ethical standards who steered the organization back to its roots as an empirical, objective, and apolitical operations research outfit.

Then along came the third one, and a new kind of alienation descended on me: I couldn’t even derive a sense of satisfaction from doing a useless job well because he corrupted the organization. Not in a criminal way, but — almost as bad — in a political way. He was prone to magical thinking (e.g., there should be a greater percentage of black Ph.D.s on the staff but standards shouldn’t be lowered), and he pushed the organization away from empirical research into “policy analysis” (a.k.a., advocacy bullshit) with a partisan edge. It was all in keeping with his proud self-identification as a “Carter Democrat”.

The stress of working for such a man became almost debilitating. So I arranged for early retirement on favorable terms before the stress became absolutely unbearable. My foreboding was borne out when, in the years after my retirement, the organization took an overtly political turn (e.g., backing for some of Obama’s domestic programs, “global warming” as a national-security issue).

Alienation comes in many forms. And it isn’t restricted to workers who are just “cogs in a machine”. Alienation is a sense of uselessness that can descend on anyone in any job at any income level.

Liberty in Chains

I continue to add items to the list of related readings at the bottom of this post.

Liberty is a good thing, and not just because most people like to feel unconstrained by anything but their moral obligations and principles. (And it’s a good thing for liberty that it doesn’t depend entirely on self-control.) Liberty fosters constructive competition and, in the terminology of pop psychology, self-actualization; for example: the trial-and-error emergence of social norms that advance cooperation and comity; the trial-and-error emergence (and dissolution) of businesses that advance consumers’ interests; the freedom to work where one chooses (according to one’s ability), to live where one chooses (within one’s means), to marry the person of one’s choosing (consistent with public health and the wisdom embedded in voluntarily evolved social norms), to have as many children as a couple can provide for without imposing involuntary burdens on others; and the freedom to associate with persons of one’s own choosing, including the persons with whom one does business.

It’s no secret that those manifestations of liberty haven’t held throughout the United States and throughout its history. It’s also no secret that none of them is sharply and permanently defined in practice. In some jurisdictions, for example, a businessperson is forced by law to provide certain services or pay a stiff fine. The argument for such treatment takes a one-sided view of freedom of association, and grants it only to the person seeking the services, while denigrating the wishes of the person who is forced to provide them. The liberty of the customer is advanced at the expense of the liberty of the businessperson. It is an approach, like that of civil-rights law generally, which favors positive rights and dismisses negative ones. It is therefore anti-libertarianism in the name of liberty, as I explain in a recent post.

In sum, liberty isn’t a simple thing. It’s certainly not as simple or simplistic as J.S. Mill’s harm principle (a.k.a. non-aggression principle), as I have explained many times (e.g. here). In fact, it’s impossible for everyone to be satisfied that they’re living in a state of liberty. This is partly because so many people believe that they possess positive rights — entitlements provided at the expense of others.

More generally, liberty has been and continues to be invoked as a justification for anti-libertarian acts, beyond the creation and enforcement of positive rights. There is the problem of freedom of speech, for example, which has been interpreted to allow advocacy of anti-libertarian forms of government — most notably America’s present de facto blend of socialism and fascism.

This problem, which is actually a constitutional catastrophe, is closely related to the problem of democracy. There are many who advocate unbridled democratic control of private institutions through government power. One such person is Nancy MacLean, whose recent book, Democracy in Chains, seems to be a mindless defense of majority opinion. The Wikipedia entry for the book (as of today’s writing) seems fair and balanced (links and footnotes omitted):

In June 2017 MacLean published Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, focusing on the Nobel Prize winning political economist James McGill Buchanan, Charles Koch, George Mason University and the libertarian movement in the U.S, who, she argues, have undertaken “a stealth bid to reverse-engineer all of America, at both the state and national levels back to the political economy and oligarchic governance of midcentury Virginia, minus the segregation.” According to MacLean, Buchanan represents “the true origin story of today’s well-heeled radical right.”….

Booklist, which gave the book a starred review, wrote that Democracy in Chains … is “perhaps the best explanation to date of the roots of the political divide that threatens to irrevocably alter American government.” Publisher’s Weekly wrote that “MacLean constructs an erudite searing portrait of how the late political economist James McGill Buchanan (1919 – 2013) and his deep-pocketed conservative allies have reshaped–and undermined–American democracy.” Kirkus said “MacLean offers a cogent yet disturbing analysis of libertarians’ current efforts to rewrite the social contract and manipulate citizens’ beliefs.”

In The Atlantic, Sam Tanenhaus called Democracy in Chains, “A vibrant intellectual history of the radical right.” Genevieve Valentine wrote on NPR: “This sixty-year campaign to make libertarianism mainstream and eventually take the government itself is at the heart of Democracy in Chains.”

Democracy in Chains was criticized by libertarians. David Bernstein disputed MacLean’s portrayal of Buchanan and George Mason University, where Bernstein is and Buchanan was a professor. Jonathan H. Adler noted allegations of serious errors and misleading quotations in Democracy in Chains raised by Russ Roberts, David R. Henderson, Don Boudreaux and others. Ilya Somin disagreed that libertarianism was uniquely anti-democratic, arguing that libertarians and left-liberals alike believed in constraining democratic majorities regarding “abortion, privacy rights, robust definitions of free speech… and freedom of religion, extensive protections for criminal defendants, and limitations on the powers of law enforcement personnel”. George Vanberg argued that MacLean’s portrayal of Buchanan as wishing to “preserve (or enhance) the power of a white, wealthy elite at the expenses of marginalized social groups … represents a fundamental misunderstanding”. Michael Munger wrote that Democracy in Chains “is a work of speculative historical fiction” while Phillip Magness argued that MacLean had “simply made up an inflammatory association” concerning Buchanan and the Southern Agrarians. In response MacLean argued she was the target of a “coordinated and interlinked set of calculated hit jobs” from “the Koch team of professors who don’t disclose their conflicts of interest and the operatives who work fulltime for their project to shackle our democracy.”

Henry Farrell and Steven Teles wrote that “while we do not share Buchanan’s ideology … we think the broad thrust of the criticism is right. MacLean is not only wrong in detail but mistaken in the fundamentals of her account.”

The writers cited in the second and third paragraphs are far better qualified than I am to defend Buchanan’s integrity and ideas. (See “Related Reading”, below.) I will focus on MacLean’s ideas.

Why does MacLean claim that democracy is in chains? In what follows I draw on Alex Shephard’s interview of MacLean for The New Republic. MacLean is especially interested in preserving “liberal democracy”. What is it, according to Maclean? She doesn’t say in the interview, and mentions it only once:

[I]f you block off the political process from answering people’s needs, as the radical right managed to do throughout Barack Obama’s two terms on so many major issues, then people get frustrated. They get frustrated that politics has become so polarized between right and left and they believe that liberal democracy does not work—they start to believe that we need a radical alternative.

MacLean seems to have the same view of “liberal democracy” as her European counterparts. It is a mechanism through which government takes some people’s money, property rights, and jobs to buy other people’s votes. It is democracy only in the sense that a majority of voters can be counted on to demand other people’s money, property rights, and jobs. It confers on “liberal” politicians and their bureaucratic minions the image of being “compassionate”, and enables them to characterize their opponents — people who don’t support legalized theft — as mean-spirited. It is asymmetrical ideological warfare in action, with an unsurprising result: the victory of “liberal democracy”.

This sample of MacLean’s thinking (to dignify her knee-jerk leftism) is consistent with her assumption that she knows what “the people” really want; for example:

On issue after issue you see vast majorities of Republicans who actually agree on some of the fundamental needs of the country: They support a progressive income tax, they want to address global warming, they care about the preservation of Medicare and Social Security as originally construed as social insurance, they care about public education…. But they have been riled up by this apparatus [“radical right” libertarianism], and by very cynical Republican leaders, to support a party that is undermining the things that they seek.

What does the purported (and dubious) existence of “vast majorities of Republicans” have to do with anything? To the extent that there are voters who identify themselves as Republicans and who favor those programs that benefit them (or so they believe), that simply makes them part of the problem: another interest-group trying to spend other people’s money, and thus spending their own because every “favor” requires repayment in the realpolitik of Washington.

Also, as evidenced by many of the items listed below in “Related Reading”, MacLean’s discussion of “the fundamental needs of the country” and how they can best be met is deeply flawed. Further, her generalization about “vast majorities” is dubious given that (a) not a single Republican member of Congress voted for Obamacare but (b) Republicans made large gains in both houses of Congress in the election that followed the enactment of Obamacare.

There’s a bigger problem that MacLean doesn’t seem to grasp or acknowledge, namely, the debilitating effects of “liberal democracy” on liberty and prosperityeveryone’s liberty and prosperity, contrary to MacLean’s “right-wing conspiracy” theory. Even the poorest of today’s Americans would be far better off had the United States not become a “liberal democracy”. As for liberty, social and economic liberty are indivisible; taxation and regulation diminish prosperity and liberty (the ability to choose where one lives, with whom one associates, etc.).

In any event, by MacLean’s logic the demise of liberty and decline of prosperity are acceptable if a majority of the American people want it. Certainly, by the mid-1930s a vast majority of the German people wanted Adolph Hitler to remain in power, and it’s likely that similar majorities of the Russian and Chinese people felt the same way about Stalin and Mao. (The devil you know, etc.) The difference between “liberal democracy” and the totalitarian regimes of Hitler, Stalin, Mao, and their ilk is only a matter of degree.

MacLean would no doubt respond that there is a proper limit on government power, a limit that is respected in a “liberal democracy” but not in a dictatorship. But there is no limit, not even in a “liberal democracy”, except for the limit that those in power actually observe. In the end, it is up to those in power to observe that limit — and they won’t.

The Framers of the Constitution, who understood human nature very well, knew that venality and power-lust would prevail if the new government wasn’t constrained by rigorous checks and balances. (Those words don’t occur in the Constitution, but it is nevertheless replete with checks on the power of the central government and balances of power within the central government and between it and the States.) But the checks and balances have all but disappeared under the onslaught of decades’ worth of unconstitutional legislation, executive usurpation, and judicial malfeasance. The election of Donald Trump — leftist hysteria to the contrary notwithstanding — is all that saved America (temporarily, at least) from its continued spiral into hard despotism. Hillary Clinton would no doubt have redoubled Barack Obama’s penchant for government by executive fiat, given her expansive view of the role of the central government and her own dictatorial personality. (As far as I know, for all the hysteria about Mr. Trump’s supposed “fascism”, he has yet to defy court orders enjoining his executive actions, despite the apparent unconstitutionality of some of the judicial interventions.)

MacLean’s hysteria is badly misplaced. “Liberal democracy” isn’t under siege. Liberty and prosperity are, and have been for a long time. The siege continues, in the form of resistance to Mr. Trump’s administration by legislators, judges, the media, much of the academy, and the usual left-wing rabble. It’s all part of a vast, left-wing conspiracy.


Related reading (listed chronologically):

Jason Brennan, “Conspire Me This: Is Nancy MacLean a Hired Gun for the Establishment?“, Bleeding Heart Libertarians, June 23, 2017 (See grant number FA-57183-13, awarded to MacLean by the National Endowment for the Humanities.)

Russell Roberts, “Nancy MacLean Owes Tyler Cowen an Apology“, Medium, June 25, 2017

Don Boudreaux, Cafe Hayek — begin with “Russ Roberts on Nancy MacLean on Tyler Cowen on Democracy” (June 26, 2017) and continue through dozens of relevant and eloquent posts about MacLean’s outright errors, mental sloppiness, and argumentative slipperiness

David Henderson, “Nancy MacLean’s Distortion of James Buchanan’s Statement“, EconLog, June 27, 2017

Philip W. Magness, “How Nancy MacLean Went Whistlin’ Dixie“, Philip W. Magness, June 27, 2017

Ramesh Ponnuru, “Nancy MacLean’s Methods“, National Review Online, The Corner, June 27, 2017

Johnathan H. Adler, “Does ‘Democracy in Chains’ Paint an Accurate Picture of James Buchanan?“, The Volokh Conspiracy, June 28, 2017 (Adler updates this often)

David Bernstein, “Some Dubious Claims in Nancy MacLean’s ‘Democracy in Chains’“, The Volokh Conspiracy, June 28, 2017

Steve Horwitz, “MacLean on Nutter and Buchanan on Universal Education“, Bleeding Heart Libertarians, June 28, 2017

David Bernstein, “Some Dubious Claims in Nancy MacLean’s ‘Democracy in Chains,’ Continued“, The Volokh Conspiracy, June 29, 2017

Philip W. Magness, “Nancy MacLean’s Calhounite Imagination“, Philip W. Magness, June 29, 2017

Michael C. Munger, “On the Origins and Goals of Public Choice“, Independent Institute (forthcoming in The Independent Review), June 29, 2017

Daniel Bier, “The Juvenile ‘Research’ of ‘Historian’ Nancy MacLean“, The Skeptical Libertarian, July 5, 2017

David Boaz, “Another Misleading Quotation in Nancy MacLean’s ‘Democracy in Chains’“, Cato At Liberty, July 5, 2017

David Bernstein, “Yet More Dubious Claims in Nancy MacLean’s ‘Democracy in Chains’“, The Volokh Conspiracy, July 6, 2017

Michael Giberson, “Fun With Footnotes (A Game of Scholarly Diversity)“, Knowledge Problem, July 9, 2017

David Gordon, “MacLean on James Buchanan: Fake History for an Age of Fake News“, Mises Wire, July 10, 2017

Ilya Somin, “Who Wants to Put Democracy in Chains?“, The Volokh Conspiracy, July 10, 2017

David Bernstein, “Nancy MacLean’s Conspiratorial Response to Criticism of ‘Democracy in Chains’“, The Volokh Conspiracy, July 11, 2017

Don Boudreaux, “Quotation of the Day…“, Cafe Hayek, July 12, 2017

Don Boudreaux, “Nancy MacLean Should Get Back in Touch with Reality“, Cafe Hayek, July 12, 2017

Steve Horwitz, “A Devastating Review of Nancy MacLean’s Book on the Klan“, Bleeding Heart Libertarians, July 12, 2017

Jeffrey A. Tucker, “This Confused Conspiracy Theory Gets the Agrarians All Wrong“, FEE, Articles, July 12, 2017

David Bernstein, “Duke Professor Georg Vanberg on ‘Democracy in Chains’“, The Volokh Conspiracy, July 14, 2017

Henry Farrell and Steven Teles, “Even the Intellectual Left Is Drawn to Conspiracy Theories about the Right.Resist Them.“, Vox, July 14, 2017

Jonathan H. Adler, “‘Why Have So Many Embraced Such an Obviously Flawed Book?’“, The Volokh Conspiracy, July 15, 2017

Sarah Skwire, “MacLean Is Not Interested in a Fair Fight“, FEE, Articles, July 15, 2017

Steven Hayward, “The Scandal of the Liberal Mind“, Power Line, July 16, 2017

Steven Hayward, “When You’ve Lost Rick Perlstein…“, Power Line, July 19, 2017

Jonathan H. Adler, “Nancy MacLean Responds to Her Critics“, The Volokh Conspiracy, July 20, 2017

Charlotte Allen, “They’re Out to Get Her?“, The Weekly Standard, July 20, 2017

Dave Bernstein, “Did Nancy MacLean Make Stuff Up in ‘Democracy in Chains’?“, The Volokh Conspiracy, July 20, 2017

Brian Doherty, “What Nancy MacLean Gets Wrong about James Buchanan“, reason.com, July 20, 2017

Arnold Kling, “Nancy MacLean: Ignoring the Central Ethical Issue“, askblog, July 20, 2017

Greg Weiner, “Nancy MacLean’s Ad Hominem Ad Hominem“, Library of Law & Liberty, July 25, 2017

Jon Cassidy, “Render Them Unable: More on Nancy MacLean’s ‘Democracy in Chains’“, The American Spectator, July 27, 2017

Steve Horwitz, “Book Review — Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America“, Cato Journal, September 2017

The Invention of Rights

Negative rights are those rights that do not impose claims against others. Such rights include:

  • freedom from force and fraud (including the right of self-defense against force)
  • property ownership (including the right of first possession)
  • freedom of contract (including contracting to employ/be employed)
  • freedom of association and movement.

A negative right, in sum, is the right to be left alone by others as long as one is not violating the negative rights of others.

Negative rights aren’t self-enforcing, though they may be widely observed through adherence to the Golden Rule. Because negative rights aren’t self-enforcing, it is necessary to provide for government protection of negative rights (though an anarchist would say that it isn’t necessary). Government protection includes:

  • deterrence of rights violations by citizens through swift and sure detection, prosecution, and punishment (including restitution and compensation, where feasible)
  • deterrence of rights violations by non-citizens through armed defense, including the preemption of imminent violations.

Negative rights aren’t free-floating essences that persons possess by the mere act of being alive. Such rights would be “natural rights”, which I have argued do not exist (e.g., here). Negative rights are simply rights that can be recognized and exercised universally within a polity, without imposing a burden on anyone (other than the general burden of enforcement). I emphasize within because negative rights are of no practical value unless they are enforced.

Thus, for example, unlike American citizens who may freely move about within the United States, foreigners do not possess a right to cross into the United States without permission from the government of the United States. Whatever the legal reasons for such a restriction, there is a reason based on the concept of negative rights: Unrestricted immigration imposes costs on at least some Americans (e.g., the payment of taxes to provide schooling and subsidies) even as it may benefit other Americans (e.g., those who benefit from the low wage rates of immigrant laborers).

Positive rights are negative rights turned upside down. They imply claims against others, for the benefit of the “possessors” of positive rights. Some positive rights are compatible with and arise from negative rights, but only in limited circumstances. For example, two persons may enter into a voluntary employment contract. The employer undertakes to pay the employee certain compensation in return for the performance of certain duties. The negative right, freedom of contract, encompasses and legitimates the positive rights mutually conveyed: the obligation of the employee to perform certain duties and the obligation of the employer to pay certain compensation in return.

But positive rights can only coexist with negative rights when the positive rights are created voluntarily by persons who are exercising their negative rights. Where positive rights are created by government action, they necessarily conflict with and nullify negative rights. Returning to the question of illegal immigration: Where there are government-run schools and welfare programs, illegal immigration (and a lot of legal immigration) necessarily forces some taxpayers to support immigrants. That is quite a different thing than a system which would allow immigration only by persons who have demonstrated that they can support themselves, or who are sponsored by persons or organizations that undertake to subsidize the immigrants’ schooling, medical care, training, etc. I must emphasize that the violation of negative rights stems from the existence of government-run schools and welfare programs, the use of which bestows positive rights not only on illegal immigrants but also on many Americans.

In sum:

  • The exercise of a negative right by one person doesn’t demand something of another person, other than forbearance, at times.
  • Negative rights will therefore reflect prevailing social norms; they will not exist in a vacuum or arise without social approbation.
  • Government action may be required to protect negative rights, but they can (and do) exist independently of government action.
  • The exercise of a positive right by one person necessarily demands something of another person.
  • Two or more persons may create positive rights that they, and only they, are obliged to observe.
  • But the creation of a positive right by an outside party (e.g., government) necessarily results in the involuntary (forceful) imposition of demands on persons other than those who exercise the right.

Negative rights are timeless. For example, freedom of association could (and did) exist in the United States of 1789. Its exercise didn’t depend on the size of the nation’s GDP, the existence of public schools, the invention of a cornucopia of beneficial drugs, the existence of automobiles, or any of the other trappings of life in today’s United States.

Positive rights tend to come into existence by force (i.e., government action) only when the means to provide them have come into existence. Thus the “right” to an education (i.e. government-approved indoctrination) arose after the forceful creation of public schools and universities. The “right” to health care came into existence only after the development of a robust, inventive, and effective system of health care in the United States, mainly through voluntary, private action (and despite the dead hand of occupational licensing and death-dealing drug-approval procedures). The “right” to housing came into existence only after do-gooders, politicians, and bureaucrats decided in recent, relatively affluent decades that it should exist … just because. The “right” to free public transportation came into existence only after the invention of the automobile and the creation of government-owned and government-franchised transit systems. And on and on.

All rights are invented. Negative rights arise from social agreement. Positive rights (other than those granted voluntarily by consenting parties) arise from the force of government action. Negative rights are the only ones that can be enjoyed by everyone in a polity at no material cost to anyone else in the polity.


Related posts:
On Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
The Interest-Group Paradox
Parsing Political Philosophy
Inventing “Liberalism”
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
“Natural Rights” and Consequentialism
More about Consequentialism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Evolution, Human Nature, and “Natural Rights”
The Meaning of Liberty
Positive Liberty vs. Liberty
The Golden Rule as Beneficial Learning
Rights: Source, Applicability, How Held
Nature Is Unfair
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
Liberty, Negative Rights, and Bleeding Hearts
Liberty and Society
Liberty as a Social Construct: Moral Relativism?
The Futile Search for “Natural Rights”
Parsing Political Philosophy (II)
More About Social Norms and Liberty
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
If Men Were Angels

Academic Freedom, Freedom of Speech, and the Demise of Civility

A professor has been suspended after claiming that anyone witnessing white people in mortal danger should “let them fucking die.”

Daniel Payne, The College Fix (June 27, 2017)

Predictably, the suspension of the professor — one Johnny Eric Williams of Trinity College in Hartford, Connecticut — and a similar case at Essex County (New Jersey) College caused the usual (left-wing) suspects to defend the offenders and claim that their “academic freedom” and “freedom of speech” were being violated. (Boo hoo.) I will be unsurprised if the ACLU doesn’t weigh in on the side of hate.

This is what happens when the law becomes an abstraction, separate and apart from social norms. There is no better example of the degradation of the law, and of public discourse, than the case of Snyder v. Phelps, which I addressed in “Rethinking the Constitution: ‘Freedom of Speech and of the Press’“. What follows is based on that post.

Contrary to the current state of constitutional jurisprudence, freedom of speech and freedom of the press — and, by implication, academic freedom — do not comprise an absolute license to “express” almost anything, regardless of the effects on the social fabric.

One example of misguided absolutism is found in Snyder v. Phelps, a case recently and wrongly decided by the U.S. Supreme Court. This is from “The Burkean Justice” (The Weekly Standard, July 18, 2011):

When the Supreme Court convened for oral argument in Snyder v. Phelps, judicial formalities only thinly veiled the intense bitterness smoldering among the parties and their supporters. At one table sat counsel for Albert Snyder, father of the late Marine Lance Corporal Matthew Snyder, who was killed in al Anbar Province, Iraq. At the other sat Margie Phelps, counsel for (and daughter of) Fred Phelps, whose notorious Westboro Baptist Church descended upon Snyder’s Maryland funeral, waving signs bearing such startlingly offensive slogans as “Thank God for IEDs,” “God Hates Fags,” and “Thank God for Dead Soldiers.” A federal jury had awarded Snyder nearly $11 million for the “severe depression” and “exacerbated preexisting health conditions” that Phelps’s protest had caused him.

In the Supreme Court, Phelps argued that the jury’s verdict could not stand because the First Amendment protected Westboro’s right to stage their protest outside the funeral. As the Court heard the case on a gray October morning, Westboro protesters marched outside the courthouse, informing onlookers that God still “Hates Fags” and advising them to “Pray for More Dead Soldiers.”

Amidst that chaos, the Court found not division, but broad agreement. On March 2, 2011, it held that Westboro’s slurs were protected by the First Amendment, and that Snyder would receive no compensation, let alone punitive damages, for the emotional injuries that he had suffered. Chief Justice John Roberts wrote the Court’s opinion, speaking for all of his brethren, conservatives and liberals alike—except one.

Justice Samuel Alito rejected the Court’s analysis and wrote a stirring lone dissent. “The Court now holds that the First Amendment protected respondents’ right to brutalize Mr. Snyder. I cannot agree.” Repeatedly characterizing Westboro’s protest as not merely speech but “verbal assaults” that “brutally attacked” the fallen Snyder and left the father with “wounds that are truly severe and incapable of healing themselves,” Justice Alito concluded that the First Amendment’s text and precedents did not bar Snyder’s lawsuit. “In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims. .  .  . I therefore respectfully dissent.”

There is more:

Snyder v. Phelps would not be the last time that Alito stood nearly alone in a contentious free speech case this term. Just weeks ago, as the Court issued its final decisions of the term, Alito rejected the Court’s broad argument that California could not ban the distribution of violent video games without parental consent. Although he shared the Court’s bottom-line conclusion that the particular statute at issue was unconstitutional, he criticized the majority’s analysis in Brown v. Entertainment Merchants Association as failing to give states and local communities latitude to promote parental control over children’s video-game habits. The states, he urged, should not be foreclosed from passing better-crafted statutes achieving that legitimate end.

Moreover, Alito’s opinions in those cases followed a solo dissent late in the previous term, in United States v. Stevens, where eight of the nine justices struck down a federal law barring the distribution of disturbing “crush videos” in which, for example, a woman stabs a kitten through the eye with her high heel, all for the gratification of anonymous home audiences.

The source of Alito’s positions:

[T]hose speculating as to the roots of Alito’s jurisprudence need look no further than his own words—in public documents, at his confirmation hearing, and elsewhere. Justice Alito is uniquely attuned to the space that the Constitution preserves for local communities to defend the vulnerable and to protect traditional values. In these three new opinions, more than any others, he has emerged as the Court’s Burkean justice….

A review of Alito’s Snyder, Brown, and Stevens opinions quickly suggests the common theme: Alito, more than any of his colleagues, would not allow broad characterizations of the freedom of speech effectively to immunize unlawful actions. He sharply criticized the Court for making generalized pronouncements on the First Amendment’s reach, when the Court’s reiterations of theory glossed over the difficult factual questions that had given rise to regulation in the first place—whether in grouping brutal verbal attacks with protected political speech; or in equating interactive Duke Nukem games with the text of Grimm’s Fairy Tales; or in extending constitutional protection to the video of women illegally crushing animals. And Alito was particularly sensitive to the Court’s refusal to grant at least a modicum of deference to the local communities and state officials who were attempting to protect their populations against actions that they found so injurious as to require state intervention.

A general and compelling case against the current reign of absolutism is made by David Lowenthal in No Liberty for License: The Forgotten Logic of the First Amendment. My copy is now in someone else’s hands, so I must rely on Edward J. Erler’s review of the book:


Liberty is lost when the law allows “freedom of speech, and of the press” to undermine the social norms that enable liberty. Liberty is not an abstraction, it is it is the scope of action that is allowed by socially agreed upon rights. It is that restrained scope of action which enables people to coexist willingly, peacefully, and cooperatively for their mutual benefit. Such coexistence depends greatly on mutual trust, respect, and forbearance. Liberty is therefore necessarily degraded when courts sunder social restraints in the name of liberty.


Other related posts:
On Liberty
Line-Drawing and Liberty
The Meaning of Liberty
Positive Liberty vs. Liberty
Facets of Liberty
Burkean Libertarianism
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Liberty, Negative Rights, and Bleeding Hearts
Why Conservatism Works
Liberty and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
The Futile Search for “Natural Rights”
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Getting Liberty Wrong
Libertarianism and the State
“Liberalism” and Personal Responsibility
My View of Libertarianism
More About Social Norms and Liberty
The War on Conservatism
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
Rescuing Conservatism
If Men Were Angels
The Left and Evergreen State: Reaping What Was Sown