Liberty – Libertarianism – Rights

Roundup: Civil War, Solitude, Transgenderism, Academic Enemies, and Immigration

Civil War II

Are Americans really in the midst of Civil War II or a Cold Civil War? It has seemed that way for many years. I have written about it in “A New (Cold) Civil War or Secession?”, “The Culture War“, “Polarization and De-facto Partition“, and “Civil War?“.* Andrew Sullivan, whom I quit following several years ago for reasons that are evident in the following quotation (my irrepressible comments are in boldface and bracketed), has some provocative things to say about the situation:

Certain truths about human beings have never changed. We are tribal creatures in our very DNA; we have an instinctive preference for our own over others, for “in-groups” over “out-groups”; for hunter-gatherers, recognizing strangers as threats was a matter of life and death. We also invent myths and stories to give meaning to our common lives. Among those myths is the nation — stretching from the past into the future, providing meaning to our common lives in a way nothing else can. Strip those narratives away, or transform them too quickly, and humans will become disoriented. Most of us respond to radical changes in our lives, especially changes we haven’t chosen, with more fear than hope. We can numb the pain with legal cannabis or opioids, but it is pain nonetheless.

If we ignore these deeper facts about ourselves, we run the risk of fatal errors. It’s vital to remember that multicultural, multiracial, post-national societies are extremely new for the human species [but they are not “societies”], and keeping them viable and stable is a massive challenge. Globally, social trust is highest in the homogeneous Nordic countries, and in America, Pew has found it higher in rural areas than cities. The political scientist Robert Putnam has found that “people living in ethnically diverse settings appear to ‘hunker down,’ that is, to pull in like a turtle.” Not very encouraging about human nature — but something we can’t wish away, either. In fact, the American elite’s dismissal of these truths, its reduction of all resistance to cultural and demographic change as crude “racism” or “xenophobia,” only deepens the sense of siege many other Americans feel….

… Within the space of 50 years, America has gone from segregation to dizzying multiculturalism; … from homosexuality as a sin [or dangerous aberration] to homophobia as a taboo; from Christianity being the common culture to a secularism no society has ever sustained before ours [but mainly within the confines of the internet-media-academic complex, except where they have successfully enlisted government in the task of destroying social norms]….

And how can you seriously regard our political system and culture as worse than ever before in history? How self-centered do you have to be to dismiss the unprecedented freedom for women, racial minorities, and homosexuals? [How self-centered to you have to be to dismiss the fact that much of that “unprecedented freedom” has been bought at the expense of freedom of speech, freedom of association, property rights, and advancement based on merit — things that are at the very heart of liberty?]….

If the neo-reactionaries were entirely right, the collapse of our society would surely have happened long before now [Strawman alert: How does Sullivan know when “society” would have collapsed?]. But somehow, an historically unprecedented mix of races and cultures hasn’t led to civil war in the United States. [Not a shooting war, but a kind of civil war nevertheless.] … America has assimilated so many before, its culture churning into new forms, without crashing into incoherence. [Strawman alert 2: “America”, note being a “society”, doesn’t have a “culture”. But some “cultures” (e.g., welfare-dependency, “hate whitey”, drugs, political correctness) are ascendant, for those with eyes to see.] [“The Reactionary Temptation“, New York, April 30, 2017]

All in all, I would say that Mr. Sullivan protests too much. He protests so much that he confirms my view that America is smack in the middle of a Cold Civil War. (Despite that, and the fatuousness of Mr. Sullivan’s commentary, I am grateful to him for a clear explanation of the political philosophy of Leo Strauss,** the theme of which had heretofore been obscure to me.)

For other, more realistic views of the current state of affairs, see the following (listed in chronological order):

David French, “A Blue State ‘Secession’ Model I Can Get Behind” (National Review, March 19, 2017)

Daniel Greenfield, “The Civil War Is Here” (Frontpage Magazine, March 27, 2017)

Daniel Greenfield, “Winning the Civil War of Two Americas” (Frontpage Magazine, April 4, 2017)

Rick Moran, “War Between U.S. Government and Sanctuary Cities Heating Up” (American Thinker, April 10, 2017)

Angelo M. Codevilla, “The Cold Civil War” (Claremont Review of Books, April 25, 2017)


Solitude for the Masses

Paul Kingsworth reviews Michael Harris’s Solitude in “The End of Solitude: In a Hyperconnected World, Are We Losing the Art of Being Alone?” (New Statesman, April 26, 2017):

Harris has an intuition that being alone with ourselves, paying attention to inner silence and being able to experience outer silence, is an essential part of being human….

What happens when that calm separateness is destroyed by the internet of everything, by big-city living, by the relentless compulsion to be with others, in touch, all the time? Plenty of people know the answer already, or would do if they were paying attention to the question. Nearly half of all Americans, Harris tells us, now sleep with their smartphones on their bedside table, and 80 per cent are on their phone within 15 minutes of waking up. Three-quarters of adults use social networking sites regularly. But this is peanuts compared to the galloping development of the so-called Internet of Things. Within the next few years, anything from 30 to 50 billion objects, from cars to shirts to bottles of shampoo, will be connected to the net. The internet will be all around you, whether you want it or not, and you will be caught in its mesh like a fly. It’s not called the web for nothing….

What is the problem here? Why does this bother me, and why does it bother Harris? The answer is that all of these things intrude upon, and threaten to destroy, something ancient and hard to define, which is also the source of much of our creativity and the essence of our humanity. “Solitude,” Harris writes, “is a resource.” He likens it to an ecological niche, within which grow new ideas, an understanding of the self and therefore an understanding of others.

The book is full of examples of the genius that springs from silent and solitary moments. Beethoven, Dostoevsky, Kafka, Einstein, Newton – all developed their ideas and approach by withdrawing from the crowd….

Yet it is not only geniuses who have a problem: ordinary minds like yours and mine are threatened by the hypersocial nature of always-on urbanity….

So, what is to be done about all this? That’s the multibillion-dollar question, but it is one the book cannot answer. Harris spends many pages putting together a case for the importance of solitude and examining the forces that splinter it today….

Under the circumstances – and these are our circumstances – the only honest conclusion to draw is that the problem, which is caused primarily by the technological direction of our society, is going to get worse. There is no credible scenario in which we can continue in the same direction and not see the problem of solitude, or lack of it, continue to deepen….

… Short of a collapse so severe that the electricity goes off permanently, there is no escape from what the tech corporations and their tame hive mind have planned for us. The circle is closed, and the net is being hauled in. May as well play another round of Candy Crush while we wait to be dragged up on to the deck.

Well, the answer doesn’t lie in the kind of defeatism exemplified by Harris (whose book is evidently full of diagnosis and empty of remedy) or Kingsworth. It’s up to each person to decide whether or not to enlarge his scope of solitude or be defeated by the advance of technology and the breakdown of truly human connections.

But it’s not an all-or-nothing choice. Compromise is obviously necessary when it comes to making a living these days. That still leaves a lot of room for the practice of solitude, the practice and benefits of which I have addressed in “Flow“, “In Praise of Solitude“, “There’s Always Solitude“, and “The Glory of the Human Mind“.


More about the Transgender Fad

Is the transgender fad fading away, or is it just that I’m spending more time in solitude? Anyway, is was reminded of the fad by “Most Children Who Identify As Transgender Are Faking It, Says ‘Gender Clinic’ Psychiatrist” (The College Fix, April 17, 2017). It’s a brief post and the title tells the tale. So I’ll turn to my own post on the subject, “The Transgender Fad and Its Consequences“. Following a preamble and some long quotations from authoritative analysis of transgenderism, I continue with this:

Harm will come not only to  those who fall prey to the transgender delusion, but also to those who oppose its inevitable manifestations:

  • mandatory sex mingling in bathrooms, locker rooms, and dorm rooms — an invitation to predators and a further weakening of the norms of propriety that help to instill respect toward other persons
  • quotas for hiring self-described transgender persons, and for admitting them to universities, and for putting them in the ranks of police and armed forces, etc.
  • government-imposed penalties for saying “hateful and discriminatory” things about gender, the purpose of which will be to stifle dissent about the preceding matters
  • government-imposed penalties for attempts to exercise freedom of association, which is an unenumerated right under the Constitution that, properly understood, includes the right to refuse business from anyone at any time and for any reason (including but far from limited to refusing to serve drug-addled drag queens whose presence will repel other customers)….

How did America get from the pre-Kinsey view of sex as a private matter, kept that way by long-standing social norms, to the let-it-all-hang-out (literally) mentality being pushed by elites in the media, academy, and government?

I attribute much of it to the capitalist paradox. Capitalism — a misnomer for an economic system that relies mainly on free markets and private-property rights — encourages innovation, entrepreneurship, and economic growth. One result is that a “capitalist” economy eventually produces enough output to support large numbers of persons who don’t understand that living off the system and regulating it heavily will bring it down….

The social paradox is analogous to the capitalist paradox. Social relations are enriched and made more productive by the toleration of some new behaviors. But to ensure that a new behavior is enriching and productive, it must be tested in the acid of use.* Shortcuts — activism cloaked in academese, punditry, and political posturing — lead to the breakdown of the processes by which behaviors become accepted because they are enriching and productive.

In sum, the capitalist paradox breeds the very people who are responsible for the social paradox: those who are rich enough to be insulated from the vicissitudes of daily life, where living among and conversing with similar folk reinforces a distorted view of the real world.

It is the cossetted beneficiaries of capitalism who lead the way in forcing Americans to accept as “natural” and “of right” behavior that in saner times was rarely engaged in and even more rarely flaunted. That restraint wasn’t just a matter of prudery. It was a matter of two things: respect for others, and the preservation of norms that foster restraint.

How quaint. Avoiding offense to others, and teaching one’s children that normal behavior helps them to gain the acceptance and trust of others. Underlying those understood motivations was a deeper one: Children are susceptible creatures, easily gulled and led astray — led into making mistakes that will haunt them all their lives. There was, in those days, an understanding that “one thing leads to another.”…

… If the Kennedy Court of Social Upheaval continues to hold sway, its next “logical” steps  will be to declare the illegality of sexual identifiers and the prima facie qualification of any person for any job regardless of “its” mental and physical fitness for the job….

… [T[he parents of yesteryear didn’t have to worry about the transgender fad, but they did have to worry about drinking, drug-taking, and sex. Not everyone who “experimented” with those things went on to live a life of dissolution, shame, and regret. But many did. And so, too, will the many young children, adolescents, and young adults who succumb to the fad of transgenderism….

When did it all begin to go wrong? See “1963: The Year Zero.”

Thank you for working your way through this very long quotation from my own blog. But it just has to be said again and again: Transgenderism is a fad, a destructive fad, and a fad that is being used by the enemies of liberty to destroy what little of it is left in America.


The Academic Enemies of Liberty

Kurt Schlichter quite rightly says that “Academia Is Our Enemy So We Should Help It Commit Suicide“:

If Animal House were to be rebooted today, Bluto – who would probably be updated into a differently–abled trans being of heft – might ask, “See if you can guess what am I now?” before expelling a whole mass of pus-like root vegetable on the WASPrivileged villains and announcing, “I’m a university – get it?”

At least popping a zit gets rid of the infection and promotes healing. But today, the higher education racket festers on the rear end of our culture, a painful, useless carbuncle of intellectual fraud, moral bankruptcy, and pernicious liberal fascism that impoverishes the young while it subsidizes a bunch of old pinkos who can’t hack it at Real World U….

If traditional colleges performed some meaningful function that only they could perform, then there might be a rationale for them in the 21st Century. But there’s not. What do four-year colleges do today?

Well, they cater to weenies who feel “unsafe” that Mike Pence is speaking to their graduates. Seventy-some years ago, young people that age were feeling unsafe because the Wehrmacht was trying to kill them on Omaha Beach….

And in their quest to ensure their students’ perpetual unemployment, colleges are now teaching that punctuality is a social construct. Somewhere, a Starbucks manager is going to hear from Kaden the Barista that, “I like, totally couldn’t get here for my shift on time because, like intersectionality of my experience as a person of Scandinavianism and stuff. I feel unsafe because of your racist vikingaphobia and tardiness-shaming.”

Academia is pricing itself out of reach even as the antics of its inhabitants annoy and provoke those of us whose taxes already pick up a big chunk of the bill even without the “free college” okie-doke….

The quarter million dollar academic vacation model is economically unsustainable and poisonous to our culture. The world of Animal House was a lot more fun when it didn’t mean preemptive bankruptcy for its graduates and the fostering of a tyrannical training ground for future libfascists. It’s time to get all Bluto on the obsolete boil that is academia; time to give it a squeeze. [Townhall, April 13, 2017]

Cue my post, “Subsidizing the Enemies of Liberty“:

If there is a professional class that is almost solidly aligned against liberty it is the teachers and administrators who control the ideas that are pumped into the minds of students from kindergarten through graduate school. How are they aligned against liberty? Most of them are leftists, which means that they are statists who are dedicated to the suppression of liberty in favor of current left-wing orthodoxies. These almost always include the coddling of criminals, unrequited love for America’s enemies, redistribution of income and jobs toward less-productive (and non-productive) persons, restrictions on speech, and the destruction of civil society’s bulwarks: religion, marriage, and family.

In any event, spending on education in the United States amounted to $1.1 trillion in 2010, about 8 percent of GDP.  Most of that $1.1 trillion — $900 billion, in fact — was spent on public elementary and secondary schools and public colleges and universities. In other words, your tax dollars support the leftists who teach your children and grandchildren to bow at the altar of the state, to placate the enemies of liberty at home and abroad, and to tear down the traditions that have bound people in mutual trust and respect….

And what do tax-paying Americans get for their money? A strong left-wing bias, which is inculcated at universities and spreads throughout public schools (and a lot of private schools). This has been going on, in earnest, since the end of World War II. And, yet, the populace is roughly divided between hard-headed conservatives and squishy-minded “liberals.” The persistence of the divide speaks well for the dominance of nature over nurture. But it does not change the fact that American taxpayers have been subsidizing the enemies of liberty who dominate the so-called education system in this country.

See also “Academic Bias“, “Politics, Sophistry, and the Academy“, “Academic Ignorance“, and John C. Goodman’s “Brownshirts, Subsidized with Your Tax Dollars” (Townhall, May 20, 2017).


The High Cost of Untrammeled Immigration

The third entry in “Not-So-Random Thoughts (XVIII)” is about illegal immigration. It opens with this:

Ten years ago, I posted “An Immigration Roundup”, a collection of 13 posts dated March 29 through September 22, 2006. The bottom line: to encourage and allow rampant illegal immigration borders on social and economic suicide. I remain a hardliner because of the higher crime rate among Hispanics (“Immigration and Crime“), and because of Steven Camarota’s “So What Is the Fiscal and Economic Impact of Immigration?“ [National Review, September 22, 2016].

I suggest that you go to Camarota’s article, which I quote at length, to see the evidence that he has compiled. For more facts — as opposed to leftish magical thinking about immigration — see also “Welfare: Who’s on It, Who’s Not” (Truth Is Justice, April 16, 2017), which draws on

a report called “Welfare Use by Immigrant and Native Households.” The report’s principle finding is that fully 51 percent of immigrant households receive some form of welfare, compared to an already worrisomely high 30 percent of American native households. The study is based on the most accurate data available, the Census Bureau’s Survey of Income and Program Participation (SIPP). It also reports stark racial differences in the use of welfare programs.

I’ll throw in some excerpts:

Needless to say, the percentage of immigrants using some form of welfare varies enormously according to the part of the world from which they come. Rates are highest for households from Central America and Mexico (73 percent), the Caribbean (51 percent), and Africa (48 percent). Those from East Asia (32 percent), Europe (26 percent), and South Asia (17 percent) have the lowest rates….

A majority of native black and Hispanic households are on some form of means-tested welfare, compared to just 23 percent of native white households….

A striking 82 percent of black households with children receive welfare–double the white rate. Hispanic families are not far behind blacks….

Among natives, blacks receive cash handouts at more than three times the white rate; Hispanics at more than twice the white rate. Rates for black and Hispanic immigrants are relatively lower due to often-ignored restrictions on immigrant use of these programs….

Among all households, native blacks and Hispanics receive food handouts at three times the white rate; for Hispanic immigrants, the figure is four times the white rate. Among households with children, nearly all immigrant Hispanics–86 percent–get food aid. Native blacks and Hispanics aren’t far behind, with rates of 75 and 72 percent, respectively.

The takeaway: Tax-paying citizens already heavily subsidize native-born blacks and Hispanics. Adding welfare-dependent immigrants — especially from south of the border — adds injury to injury.

As long as the welfare state exists, immigration should be tightly controlled so that the United States admits only those persons (with their families) who have verifiable offers of employment from employers in the United States. Further, an immigrant’s income should be high enough to ensure that (a) he is unlikely to become dependent on any welfare program (federal, State, or local) and (b) he is likely to pay at least as much in taxes as he is likely to absorb in the way of schooling for his children, Social Security and Medicare benefits, etc.


* Sharp-eyed readers will notice that with this post I am adopting a “new” way of using quotation marks. The American convention is to enclose commas and periods within quotation marks, even where the commas and periods are not part of the quoted text or other material that belongs inside quotation marks (e.g., the title of a post). The American convention creates some ambiguity and awkwardness that is avoided by the British convention, which is to enclose inside quotation marks only that punctuation which is part of the quoted text or other material.

** This is from the article by Sullivan cited in the first section of this post:

[Leo] Strauss’s idiosyncratic genius defies easy characterization, but you could argue, as Mark Lilla did in his recent book The Shipwrecked Mind, that he was a reactionary in one specific sense: A Jewish refugee from Nazi Germany, Strauss viewed modernity as collapsing into nihilism and relativism and barbarism all around him. His response was to go back to the distant past — to the works of Plato, Aristotle, and Maimonides, among others — to see where the West went wrong, and how we could avoid the horrific crimes of the 20th century in the future.

One answer was America, where Strauss eventually found his home at the University of Chicago. Some of his disciples — in particular, the late professor Harry Jaffa — saw the American Declaration of Independence, with its assertion of the self-evident truth of the equality of human beings, as a civilizational high point in human self-understanding and political achievement. They believed it revived the ancient Greek and Roman conception of natural law. Yes, they saw the paradox of a testament to human freedom having been built on its opposite — slavery — but once the post–Civil War constitutional amendments were ratified, they believed that the American constitutional order was effectively set forever, and that the limited government that existed in the late-19th and early-20th centuries required no fundamental change.

Natural Law and Natural Rights Revisited

An esteemed correspondent took exception to my statement in “Natural Law, Natural Rights, and the Real World” that I “don’t accept the broad outlines of natural law and natural rights,” which I had summarized thus:

Natural law is about morality, that is, right and wrong. Natural rights are about the duties and obligations that human beings owe to each other. Believers in natural law claim to start with the nature of human beings, then derive from that nature the “laws” of morality. Believers in natural rights claim to start with the nature of human beings, then derive from that nature the inalienable “rights” of human beings.

A natural law would be something like this: It is in the nature of human beings to seek life and to avoid death. A natural right would be something like this: Given that it is natural for human beings to seek life and avoid death, every human being has the right to life.

The correspondent later sent me a copy of Hadley Arkes’s essay “A Natural Law Manifesto” (Claremont Review of Books, Fall 2011, pp. 43-49). There’s an online version of the essay (with a slightly different opening sentence) at the website of The James Wilson Institute on Natural Rights and the American Founding, which I’ll quote from in the course of this post.

I don’t lightly dismiss natural law and natural rights. Many proponents of those concepts are on the side of liberty and against statism, which makes me their natural ally. As I say in “Natural Law, Natural Rights, and the Real World,” my problem with the concepts is their malleability. It is too easy to claim to know specifically what is and isn’t in accordance with natural law and natural rights, and it is too easy to issue vague generalizations about rights — generalizations that collapse easily under the weight of specification.

Consider the UN’s Universal Declaration of Human Rights, which rights are declared to be inalienable (i.e., natural). (The Declaration’s 30 articles comprise 48 such rights.) Quotations from the Declaration are followed by my comments in italics:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. What is arbitrary? One person’s “arbitrary” will be another person’s “lawful,” and there will be endless quibbles about where to draw lines.

1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country. Everyone, even including criminals and terrorists? And if “everyone” is qualified by criteria of criminality, there will be endless quibbles about those criteria.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. But what if the practice of a religion includes the commission of terrorist acts?

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. The qualification about the “organization and resources of each State” speak volumes about the relative nature of entitlements. But left unsaid is the nature of the “right” by which some are taxed to provide “social security” for others. Is there no natural right to the full enjoyment of the fruits of one’s own labors? I would think that there would be such a natural right, if there were any natural rights.

Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. See the preceding comment.

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Ditto.

It goes on an on like that. And the UN’s litany of “rights” is surely one that millions or even billions of people would claim to be “natural rights” which inhere in them as human beings. Certainly in the United States almost every Democrat, most independents, and a large fraction of Republicans would agree that such rights are “natural” or God-given or just plain obvious. And many of them would put up a good argument for their position.

If the Declaration of Human Rights seems too easy a target, consider abortion. Arkes and I are in agreement about the wrongness of abortion. He says this in his essay:

[T]he differences in jural perspective that I’m marking off here may have their most profound effect as they reach the most central question that the law may ever reach: who counts as a human person—who counts as the kind of being whose injuries matter? It was the question raised as President Bill Clinton vetoed the bill on partial birth abortion and expressed the deepest concern for the health of the woman denied that procedure. Of that other being present in the surgery, the one whose head was being punctured and the contents sucked out—the assault on the health of that being made no impression on Clinton. The harms didn’t register because the sufferer of the harms did not count in this picture.

But in raising questions of this kind, a jurisprudence with our [natural law] perspective would pose the question insistently: what is the ground of principle on which the law may remove a whole class of human beings from the circle of rights-bearing beings who may be subject to the protections of the law?

The “ground of reason,” though I hesitate to call it that, is the libertarian doctrine of self-ownership (which is tautologous). The child in the womb is dependent on the mother for its life. It is therefore up to the mother to decide whether the “demands” of the child in the womb should take precedence over other aspects of her life, including the remote possibility that bearing a child will kill her.

My objection to abortion is both empathic and prudential. Empathically, I can’t countenance what amounts to the brutal murder of an innocent human being for what is, in almost every case, a matter of convenience. Prudentially, abortion is a step down a slippery slope that leads to involuntary euthanasia. It puts the state on the wrong side of its only legitimate function, which is to protect the lives, liberty, and property of the citizenry.

In any event, Arkes’s essay is as much an attack on jurisprudence that scorns natural law as it is an explanation and defense of natural law. In that vein, Arkes says this:

I come then today, perhaps in the style of Edmund Burke, to make An Appeal from the Old Jurisprudence to the New: from the old jurisprudence, which relied on natural law as a matter of course, to a new conservative jurisprudence that has not only been resistant to natural law, but scorns it. At one level, some of the conservative jurists insist that their concern is merely prudential: Justice Antonin Scalia will say that he esteems the notion of natural law but the problem is there is no agreement on the content of natural law. Far better, he argues, that we simply concentrate on the text of the Constitution, or where the text is silent, on the way in which the text was “originally understood” by the men who framed and ratified it.

Justice Scalia’s key point — there is no agreement on the content of natural law — is underscored by two letters to the editor of the Claremont Review of Books, and Arkes’s reply to those letters (all found here). The writers take issue with Arkes’s pronouncements about the certainty of natural law. The crux of Arkes’s long and argumentative reply is that there are truths that may not be known to all people, but the truths nevertheless exist.

That attitude has two possible bases. The first is that Arkes is setting himself up as a member of the cognoscenti who knows what natural law is and is therefore qualified to reveal it to the ignorant. The second possibility, and the one that Arkes seems to prefer, is that reasonable people will ferret out the natural law. For example, here is a comment and reply about the 14th Amendment:

Max Hocutt: Arkes’s discussion of the 14th Amendment raises a very difficult question: its contemporaries believed mix-raced marriage to be contrary to nature. On the basis of what definition of nature is Arkes confident they were mistaken?

Arkes: It is quite arguable in this vein that the framers of the 14th Amendment did not understand the implications of their own principles when they insisted that nothing in that amendment would be at odds with the laws that barred marriage across racial lines. On the other hand, Mr. Hocutt may want to argue that there was no inconsistency, that there may be some kind of argument in prudence, or perhaps even a racial principle, that could make it justified to bar marriage across racial lines. Well, it is quite possible to have that argument. And the only way of having the “argument”— the only thing that makes it an argument—is that there are standards of reason to which we can appeal to judge the soundness, the truth of falsity, of these reasons.

Clearly, Arkes believes that the “standards of reason” will result in a declaration that the 14th Amendment allows interracial marriage, even if the amendment’s framers didn’t intend that outcome. But Arkes concedes that there is an argument to be had. And that is why Justice Scalia (and I, and many others) say that there is no agreement on the content of natural law, and therefore no agreement as to the rights that ought to be considered “natural” because they flow from natural law.

For example, there is eloquent disagreement with Arkes’s views in Timothy Sandefur’s review of Arkes’s Constitutional Illusions and Anchoring Truths. Notably, Sandefur is also a proponent of natural rights, and I have sparred with him on the subject.

Endless arguments about natural law and natural rights will lead nowhere because even reasonable people will disagree about human nature and the rights that inhere in human beings, if any. In “Evolution, Human Nature, and ‘Natural Rights’,” I explain at length why human beings do not have inherent (i.e., inalienable or “natural”) rights, at least not in the way that Arkes would have it. In the end, I take my stand on negative rights and the Golden Rule:

The following observations set the stage for my explanation:

1. “Natural rights” inhere in a particular way; that is, according to Randy Barnett, they “do not proscribe how rights-holders ought to act towards others. Rather they describe how others ought to act towards rights-holders.” In other words, the thing (for want of a better word) that arises from my nature is not a set of negative rights that I own; rather, it is an inclination or imperative to treat others as if they have negative rights. To put it crudely, I am wired to leave others alone as long as they leave me alone; others are wired to leave me alone as long as I leave them alone.

2. The idea of being inclined or compelled to “act toward” is more plausible than idea that “natural rights” inhere in their holders. It is so because “act toward” suggests that we learn that it is a good thing (for us) to leave others alone, and not that we (each of us) has a soul or psyche on which is indelibly inscribed a right to be left alone.

3. That leads to the question of how one learns to leave others alone as he is left alone by them. Is it by virtue of evolution or by virtue of socialization? And if the learning is evolutionary, why does it seem not to be universal; that is, why it is so routinely ignored?

4. The painful truth that vast numbers of human beings — past and present — have not acted and do not act as if there are “natural rights” suggests that the notion of “natural rights” is of little practical consequence. It may sometimes serve as a rallying point for political action, but with mixed results. Consider, for example, the contrast between the American Revolution, with its Declaration of Independence, and the French Revolution, with its Déclaration des droits de l’Homme et du Citoyen.

5. Even if humans are wired to leave others alone as they are left alone, it is evident that they are not wired exclusively in that way.

And now, for my natural (but not biologically deterministic) explanation. It comes from my post, “The Golden Rule and the State“:

I call the Golden Rule a natural law because it’s neither a logical construct … 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.

The Golden Rule implies the acceptance of negative rights as a way of ensuring peaceful (and presumably fruitful) human coexistence. But, as I point out, there is a “positive” side to the Golden rule:

[It] 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 — the negative one — is compatible with the idea of negative rights, but it doesn’t demand them. The second sub-rule — the positive one — doesn’t yield positive rights because it’s a counsel to kindness and charity, not a command….

An ardent individualist — particularly an anarcho-capitalist — might insist that social comity can be based on the negative sub-rule… 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…. [K]indness and charity are indispensable to the development of mutual trust among people who live in close proximity, without the protective cover of an external agency (e.g., the state). 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.

The Golden Rule is beneficial even where the state affords “protective cover,” because the state cannot be everywhere all the time. The institutions of civil society are essential to harmonious and productive coexistence. Where those institutions are strong, the state’s role (at least with respect to internal order) becomes less important. Conversely, where the state is especially intrusive, it usurps and displaces the institutions of civil society, leading to the breakdown of the Golden Rule, that is, to a kind of vestigial observance that, in the main, extends only to persons joined by social connections.

In sum, the Golden Rule represents a social compromise that reconciles the various natural imperatives of human behavior (envy, combativeness, meddlesomeness, etc.). Even though human beings have truly natural proclivities, those proclivities do not dictate the existence of “natural rights.” They certainly do not dictate “natural rights” that are solely the negative rights of libertarian doctrine. To the extent that negative rights prevail, it is as part and parcel of the “bargain” that is embedded in the Golden Rule; that is, they are honored not because of their innateness in humans but because of their beneficial consequences.

Finally:

Among those of us who agree about the proper scope of rights, should the provenance of those rights matter? I think not. The assertion that there are “natural rights” (“inalienable rights”) makes for resounding rhetoric, but (a) it is often misused in the service of positive rights and (b) it makes no practical difference in a world where power routinely accrues to those who make the something-for-nothing promises of positive rights.

The real challenge for the proponents of negative rights — of liberty, in other words — is to overthrow the regulatory-welfare state’s “soft despotism” and nullify its vast array of positive rights. Libertarians, classical liberals, and libertarian-minded conservatives ought to unite around that effort, rather than divide on the provenance of negative rights.

Given the broad range of disagreement about the meaning of the Constitution and the content of natural law, neither will necessarily lead to judicial outcomes of which both Arkes and I approve. What really matters is whether or not judges are conservative in the sense that they are committed to the peaceful, voluntary evolution and exercise of social and economic relationships. Conservative judges of that stripe will more reliably use the words of the Constitution to protect and preserve the voluntary institutions of civil society and the salutary traditions that emerge from them. It is, after all, the Constitution that judges are sworn to support and defend, not amorphous conceptions of natural law and natural rights. As I say in “How Libertarians Ought to Think about the Constitution,” the document “may be a legal fiction, but … it’s a useful fiction when its promises of liberty can be redeemed.”

Arkes’s complaints about Justice Scalia and other strict constitutionalists exemplifies the adage that “perfect is the enemy of good.” The real alternative to Scalia and others similarly inclined isn’t a lineup of judges committed to Arkes’s particular view of natural law and natural rights. The real alternative to Scalia and others similarly inclined is a Court packed with the likes of Douglas, Warren, Brennan, Blackmun, Stevens, Kennedy, Souter, Breyer, Ginsburg, Sotomayor, and Kagan — to name (in chrononlogical order) only the worst in a long list of egregious appointments to the Supreme Court since the New Deal.

I prefer the good — reliably conservative justices like Scalia, Thomas, and Alito — to the impossible perfection sought by Hadley Arkes.


Related posts:
The Real Constitution: I
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
The Real Constitution and Civil Disobedience
“Natural Rights” and Consequentialism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Evolution, Human Nature, and “Natural Rights”
The Golden Rule as Beneficial Learning
Human Nature, Liberty, and Rationalism
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
Liberty, Negative Rights, and Bleeding Hearts
Liberty as a Social Construct: Moral Relativism?
The Futile Search for “Natural Rights”
How Libertarians Ought to Think about the Constitution
More About Social Norms and Liberty
Liberty and Social Norms Re-examined
Natural Law, Natural Rights, and the Real World

The Intransitivity of Political Philosphy

Rachel Lu, in an excellent post at The Public Discourse (“How I Learned to Stop Worrying and Love the Libertarian Atheists,” April 5, 2017), writes:

Undergraduates like communism and libertarianism for the same reasons they like utilitarianism and the categorical imperative. These theories are expansive in their reach, claiming to explain every aspect of the universe from the Milky Way to marriage….

Economy notwithstanding, I see low buy-in theories as a poor value. Like cheap appliances, they look neat in the packaging. Once you start trying to use them, it becomes clear that they’re riddled with bugs. When a political or moral view is grounded in just a few conceptually simple premises, the fleshed-out picture never turns out to be either satisfying or plausible….

My few abortive efforts to read Ayn Rand never got very far. Compared to the ancients and medievals, she seemed utterly plebeian, stomping all over subtle realities in clunky too-large boots. That just sealed my conviction that libertarians were simplistic dunderheads who couldn’t handle the complexity of real life….

… When I first ventured into the political sphere, it quickly became evident that libertarians were far more numerous there. They were a genuinely diverse lot, not fitting all my stereotypes. Some offered astute and fairly subtle social critiques. Some combined Hayekian political ideas with more robust moral views, making for a more interesting blend of influences than I had seen in the academy. I lightened up a little on libertarians….

Have I now repented of my grim assessment of libertarianism? Not entirely. I do still think that most libertarians (serious devotees of Rand, for instance) are metaphysically impoverished to some extent….

In the introduction to God and Man at Yale, William F. Buckley expresses gratitude for the help of Albert J. Nock, whom he describes as “a fine essayist whose thought turned on a single spit: all the reasons why one should be distrustful of state activity, round, and round, and round again.”

This is a wonderful description of a type I know well. Libertarians do indeed obsess over the negative ramifications of government interference. It can become exasperating, and at one time it seemed to me like a serious limitation. If your life’s overwhelming obsession is getting Uncle Sam off your back, you may find yourself thin on ideas for what to do with that cherished liberty.

Still, when a mind relentlessly works on a particular set of questions, it may unearth some useful things. Many libertarians (Milton Friedman, for instance) are genuinely brilliant at working through the potential negative ramifications of government involvement in human life….

There is certainly more to human life than repelling the advances of aggressive government. Still, in modern times, the growth of Leviathan does in fact pose a very significant threat to human thriving.

So far, so good. Lu has nailed the kind of simplistic libertarianism of which I long ago became intolerant, to the point that I have rejected the libertarian label.

Lu turns to Trump:

[T]he “Trumpian skeptic” room just kept getting emptier, and emptier, and still emptier. In the end, there was only one group of fellow travelers who reliably proved impervious to the Trumpian allure. They were my old friends, the libertarian atheists….

Obviously, I am generalizing; I still know a great many anti-Trump religious conservatives. I also do not wish to imply that all people who supported Trump, even in a limited way, should be seen as sellouts or opportunists. I understand why some reluctantly voted for Trump, despite grave concerns about his character. Nonetheless, it did really seem that a great many people whom I once viewed as “like-minded” (religious conservatives and intellectuals of a broadly Aristotelian bent) were, in a sense, seduced by Trump. It was excruciating to watch. Most people started tentatively with a “lesser evils” argument, but soon their justifications and even mannerisms made clear that they had given him, not just their votes, but also an alarming measure of loyalty, trust, and even love. Of course, many people had very legitimate concerns about the judiciary, the left’s cultural aggression, and so forth. None of that can fully explain the enthusiasm, which drew people into a complicity that went far beyond what pragmatic concerns alone could justify. The traditionalists felt the tug of Trump’s cultural nostalgia. Also, of course, they hated the political left.

And there you have it: Traditional conservatives oppose simplistic libertarianism; simplistic libertarians oppose Trump (to put it mildly); therefore, traditional conservatives should oppose Trump. But not all of them do. Why not? Because real life isn’t reducible to logic. Logic, in this case, is trumped (pun intended) by hatred for the political left, which seems (with a great deal of justification) to pose a far greater threat to liberty and prosperity than Trumpism (whatever that is).

The Hypocrisy of “Local Control”

There’s much ado among the big-city Democrats of Texas about bills introduced by Republican legislators to ease the burden of city-imposed regulations. The Democrats like to accuse the Republicans of hypocrisy, saying that Republicans are against the federal government telling the States what to do; therefore (the Democrats say), Republicans should be against the government of Texas telling the cities of Texas what to do.

That’s a superficially appealing argument. But what the Republicans are trying to do is keep the cities of Texas from  telling their citizens and businesses what to do, and what not to do. In Austin, for example:

A property owner must have the city’s permission to remove a tree with a diameter greater than 19 inches. The doom-and-gloom scenario is the preposterous one that homeowners will have their trees cut down, which would — among other things — eventually cause more erosion and flooding. Give me a break. It’s costly to cut down trees, and homeowners appreciate their beauty, shade, and value to prospective buyers. A tree comes down only when it’s diseased or in the way of something essential (e.g., an addition to make room for mother-in-law).

Thin plastic bags and flimsy paper bags have been outlawed (with some exceptions). Why? Because the sight of a relatively small number of loose bags offends the greenies and artsy-craftsy crowd. But damn the inconvenience and expense to consumers, who must now carry their purchases in their hands or buy an approved bag if they leave their own approved bag at home. Picking up loose bags is good therapy for greenies and artsy-craftsy types, and an excellent form of community service for Austin’s ample supply of jailbirds.

The city is the monopoly provider of water and electricity to homes and businesses. It overcharges for utilities in order to subsidize the usual causes deemed “worthy” by the city’s left-wing government. And it doesn’t allow utility customers to shop around and buy gas or electricity from low-cost providers.

The city’s government — populated as it is with true believers in AGW — insists on stringent standards for the energy efficiency of new homes and replacement systems for existing homes (e.g., new windows and doors, new HVAC systems). The city, in other words, isn’t content to let property owners decide between investment and operating costs — the city preempts the decision and makes it for property owners.

I could go on, but you get the idea. Austin, like most other big cities, insists on micro-managing the affairs of the persons and businesses within its jurisdiction. Then, when Republican legislators threaten to deregulate something that the city regulates, local politicians appeal to “local control.”

Well, the ultimate in local control is the freedom to do as one wishes with one’s own property — barring actual criminality, of course. Dictation by Austin’s left-wing city council and the hired hands in the city’s various bureaucracies isn’t that kind of local control — it’s local tyranny.

Republican legislators (or some of them) are seeking to liberate me (and others) from local tyranny. It’s no different in kind than the Thirteenth Amendmentan initiative of the federal government — which voided State laws allowing slavery.

A Pledge I Wouldn’t Take

If I wanted to join the Libertarian Party of the United States (and perhaps many or all State parties), I would have to “certify that I oppose the initiation of force to achieve political or social goals.” That’s ridiculous. I would approve the initiation of force to achieve many political and social goals; for example:

The overthrow of an oppressive government of the United States, but only under conditions where success is likely. Otherwise, too many lives would be lost in vain.

Stealthy vigilantism where a known murderer or rapist has escaped justice on a legal technicality (e.g., the failure to give him a Miranda warning). Stealthy so that the vigilantes could execute justice without themselves suffering retribution from an unjust government.

A preemptive military attack on a foreign state or organization that is inimical to Americans, is actively developing plans to harm them, and has or is acquiring the means to execute those plans. This could include instances of great economic harm, such as shutting off a major source of oil or a key trade route.

I wouldn’t join the LP for another reason: It probably drains more votes from GOP candidates than from Democrat candidates. The GOP is far from perfect, but it’s better than the Democrat Party on most issues.

 

Liberty and Social Norms Re-examined

What is liberty, and why does it depend on the general observance of social norms?

Liberty is not the absence of restraint, whence chaos and depredation flow. Liberty is the presence of mutual restraint based on trust, respect, and forbearance. Where those attributes prevail, a people can coexist peacefully and cooperate beneficially. Cooperation includes not only unremunerated assistance but also the exchange of products and services for mutual benefit, directly or with the use of money.

The state, at best, provides an ambience in which liberty can flourish. It does that by defending citizens from foreign and domestic predators. But the actualization of liberty depends on the institutions of civil society: family, church, community, club, charity, and commercial enterprise. It is those institutions that inculcate social norms, and it the common observance of those norms that creates and sustains mutual trust, respect, and forbearance among a people.

By the same token, a lack of shared norms — especially by outright rejection — fuels mistrust, disrespect, and aggression. How do I know when someone isn’t worthy of my trust, respect, and forbearance? When he habitually signals — by deeds, words, or allegiances — the rejection of social norms.

Here is a rough taxonomy of social norms and their relationship to each other and to liberty:

Taxonomy of social norms

I’ll talk about some of the ways in which leftists undermine and signal their opposition to the norms that enable a functional civil society — one that advances mutual trust, respect, and forbearance. But first I want to make a general point about the power of the state to destroy socializing norms and institutions without overtly abolishing them. Leftists like to portray themselves as anti-authoritarian, but they do so cynically. One of the things that they know (or intuit) is that a vast swath of the populace is morally malleable, so if the state says that something is all right (or verboten) huge numbers of persons will follow suit and say that it’s all right (or verboten). As I once wrote, in a post about same-sex “marriage,”

When the state sends signals about private arrangements, private arrangements tend to align themselves with the signals being sent by the state.

Which is why the left relies heavily on non-electoral means of exerting control, that is, litigation and regulation. There is as much authority in those aspects of governance as there is in the decisions of elected representatives. If five justices of the Supreme Court were to say that the death penalty is unconstitutional, as they have said that homosexual “marriage” should be considered marriage, millions of people will acquiesce, without giving more than a moment’s thought to the broader social implications of either decree.

As the following paragraphs attest, decades-long persistence in such matters has amply rewarded the left’s efforts to transform America fundamentally — for the worse.

Murder. Core norms are widely accepted in America, though inconsistently. Leftists will decry murder and even call for the death penalty when the perpetrator is a white heterosexual and the victims are not. But leftists won’t admit that abortion is murder, that is, the taking of a human life. Moreover, leftists (and not a few misguided conservatives and libertarians) have for more than a century signaled their toleration of murder by opposing capital punishment. A pro-life leftist is someone who believes in sparing criminals and enemy combatants, while killing children in the womb.

Theft. Leftists will say that the prohibition of theft is a core social norm, and that it ought to be observed and enforced by the state. In the next breath, they will defend all manner of state-enforced theft, from Social Security transfer payments to housing subsidies, and then propose more of them (e.g., Universal Basic Income). If you believe that taxation isn’t theft (or worse), consider this. And if you believe that income redistribution at the point of a gun is charity, consider this.

Marriage and divorce. Leftists obviously have no qualms about the destruction of a crucial reinforcing norm: marriage. I have written a detailed defense of traditional marriage as a civilizing and libertarian institution, and a detailed condemnation of same-sex “marriage” as an anti-libertarian innovation. Rather than repeat the arguments of that post, I refer you to it. The bottom line is that the left, in its usual zeal to advance the cause of imaginary victims, has set in motion the destruction of a bulwark of civil society.

The heavy hand of leftism is visible in the adoption of no-fault divorce laws, which work against marital perseverance, which helps to ensure children to be raised by both parents. As Wikipedia puts it, the “Women’s movement effected change in Western society, including … ‘no fault’ divorce.” And where did no-fault divorce first become available? In California, of course.

Sexuality. The LGBTQ movement is a left-wing inspiration, designed mainly to infuriate conservatives and incidentally advance the cause of people whom leftists see as victims. (If the aim of persons who “identify” as LGBT or Q is to be left alone, loud shrillness isn’t the way to go about it.) Left-wing support of such groups — which are really identity groups, not victim groups — serves two purposes. The first is virtue-signaling; the second is goading conservatives into acts that can be portrayed as victim-bashing (e.g., various “bathroom bills”).  More deeply, left-wing support of the LGBTQ movement signals a rejection of civilizing norms, and is meant to erode them further. At the margin, there are many impressionable young persons who will turn their backs on marriage and family and adopt the frivolous, decadent, and too-often-fatal LGBTQ “lifestyle.”

Race. Before the contrived prominence of the LGBTQ “cause,” the left’s favorite victim group was blacks. Early and proper attention to barbarous and unjust practices (e.g., lynchings and denial of voting rights) gave way to the persistent myth that racial inequality is an artifact of slavery and legal segregation. The myth persists because of an obdurate refusal to recognize racial differences in intelligence. In “Race Gaps in SAT Scores Highlight Racial Inequality and Hinder Upward Mobility,” for example,  the authors (researchers at the Brookings Institution, which the media usually describe as center-left) document persistent race differences in IQ, admit that “it is unlikely that the racial achievement gap can be explained away by class differences across race,” but end with “race gaps on the SAT hold up a mirror to racial inequities in society as a whole,” as if those inequalities could be eradicated despite the demonstrably ineradicable intelligence gap. Well, they could be reduced — and are reduced, to some extent — but mainly by stealing money, jobs, and university admissions from whites and East Asians.

And so, billions upon billions of dollars have been wasted on early education, job training, public housing, and welfare payments (the conditions of which have destroyed black families and worsened the unemployment rate among blacks). Racial quotas (called “affirmative action” and “diversity programs”) have penalized better-qualified whites and Asians seeking jobs, promotions, and university admissions — and have also penalized blacks by setting them up for failure (see this, this, and this).

Forced “diversity” is in fact socially divisive, as Maverick Philosopher correctly observes. Then there were the divisive eight years of Obama’s presidency, in which he and his so-called Department of Justice defended black thugs and persecuted white cops. Is it any wonder that blacks and whites probably mistrust each other more than they have since the bad old days of D.W. Griffith’s The Birth of a Nation? Where all of this isn’t directly destructive of social comity, it signals rejection of core and reinforcing norms that make social comity possible.

Drugs. The legalization of marijuana isn’t just an issue for leftists, but they certainly champion legalization as yet another blow for “personal freedom.” The usual response to evidence that marijuana has many undesirable long-term effects is something like “so does alcohol, so why isn’t it illegal?” Well, it’s far too late to prohibit alcohol in the United States (tried and failed), and it’s probably far too late (and futile) to prohibit marijuana.

I’m not a prohibitionist (of alcohol or marijuana), but marijuana should be used knowing the risks associated with its use, just as the risks of alcohol consumption are well known. Instead, the push for “personal freedom” simply dodges the issue of risk by allowing marijuana consumption for medical conditions that apply to only a small fraction of its users.

Leftists will eventually turn on marijuana because it’s used and enjoyed by the unwashed masses (like cigarettes), so they will then campaign to regulate it and curtail its use. Marijuana use, in other words, is just a weapon in the culture war-cum-civil war — another route by which the left attacks and weakens traditional norms and those who stand behind them.

Religion. There’s nothing left to be said about the effort to eradicate religion. The late Justice Scalia called it “freedom from religion” as opposed to “freedom of religion,” which the Constitution guarantees. The ACLU and similar organizations attack expressions of religion at every turn. Those attacks may have the unsought effect of redoubling the devotion of many Americans to liberty-advancing religious principles. But surely, at the margin, the attacks will diminish religious affiliation and the social good that goes with it: true kindness and charity, true tolerance, true forgiveness. (For a discussion of the beneficial effects of religion go here and scroll to “Religion and Liberty.”)

To be against religion is an article of faith for most leftists, who fancy themselves rational and fact-based, despite ample evidence to the contrary. They are, in fact, spoiled children of capitalism engaged in adolescent rebellion. And religion is a favored target of the rebellious adolescent — especially religion of the Judeo-Christian variety, because most leftists were reared in that tradition. Islam, on the other hand, is acceptable because its adherents — who stand against almost everything leftists stand for — are “victims” in the twisted topography of leftist dogma.

Self-reliance. What better way to control people than to make them reliant on you instead of themselves? That’s how drug dealers (at the top of the food chain) make big bucks — until they’re shot or arrested. Dependency on big government is tantamount to dependency on the left, which gratifies a deeply felt need for power. (Fascism is a left-wing phenomenon.) Conservatives treat their children like children, so that those children will become responsible adults. Leftists treat adults like children because it makes them (leftists) feel superior. Though when leftists don’t get their way, they act like children, as they have done since the election of Donald Trump.

The left has devised and implemented many forms of control over the past 80 years. Those forms range from Social Security, Medicare, and Medicaid to food stamps, special deals on housing and mortgages, and rampant regulation of all aspects of the economy. What better way to break the old American habit of self-reliance and personal responsibility — a habit that fosters mutually beneficial cooperation — than to establish government as the go-to arbiter of social and economic relations?

I could relate many personal run-ins with the nanny state, but I will close this discussion by pointing to examples of an especially annoying outrage: “Parents In Trouble Again for Letting Kids Walk Alone” (USA Today, April 13, 2015), “Parents Arrested for Letting their Children Play Outside as America Degenerates into Clinical Insanity” (OffTheGridNews, ca. 2012), and “How Children Lost the Right to Roam in Just 4 Generations” (Free-Range Kids, February 1, 2017). Fortunately, as a child I was not cooped up by the state.

*     *     *

That’s more than enough of that. The left’s crusade against social norms leads to predatory and destructive behavior and suppresses peaceful coexistence and mutually beneficial cooperation. It is the inevitable result of the culture war that the left has waged for decades:

When social norms — long-established rules of behavior — are sundered willy-nilly the result is a breakdown of the voluntary order known as civil society. The liberty to live a peaceful, happy, and even prosperous life depends on civil society: the daily observance of person X’s negative rights by persons W, Y, and Z — and vice versa. That is so because it is impossible and — more importantly — undesirable for the state to police everyone’s behavior. Liberty depends, therefore, on the institutions of society — family, church, club, and the like — through which individuals learn to treat one another with respect, through which individuals often come to the aid of one another, and through which instances of disrespect can be noted, publicized, and even punished (e.g., by criticism and ostracism). That is civil society, which the state ought to protect, but instead usurps and destroys. Usurping is one of the state’s primary (and illegitimate) functions. The state establishes agencies (e.g., public schools, welfare), gives them primary and even sole jurisdiction in many matters, and funds them with tax money that could have gone to private institutions. Worse, however, is the way in which the state destroys the social norms that foster social harmony — mutual respect and trust — without which a people cannot flourish….

“Thanks” to the signals sent by the state — many of them in the form of legislative, executive, and judicial dictates — we now have not just easy divorce, subsidized illegitimacy, and legions of non-mothering mothers, but also abortion, concerted (and deluded) efforts to defeminize females and to neuter or feminize males, forced association (with accompanying destruction of property and employment rights), suppression of religion, absolution of pornography, and the encouragement of “alternative lifestyles” that feature disease, promiscuity, and familial instability. The state, of course, doesn’t act of its own volition. It acts at the behest of special interests — interests with a “cultural” agenda…. I call them left-statists. They are bent on the eradication of civil society — nothing less — in favor of a state-directed Rousseauvian dystopia from which morality and liberty will have vanished, except in Orwellian doublespeak.

The culture war, which escalated sharply in the 1960s, is a classic case of barbarism vs. civilization. Arnold Kling describes it in The Three Languages of Politics:

[Leftists] use the heuristic of the oppressed-oppressor axis. [They] view most favorably those groups who can be regarded as oppressed or standing with the oppressed. They view most unfavorably those groups who can be regarded as oppressors. [Conservatives] use the heuristic of the civilization-barbarism axis. [They] view most favorably the institutions that they believe constrain and guide people toward civilized behavior, and they view most unfavorably those people who they see as trying to tear down such institutions.

Kling often strains to be even-handed, not only in Three Languages of Politics but in general. (Sample his blog.) Here, I think he is being unduly kind by crediting the left with a concern for the oppressed. That is a superficial interpretation of the left’s championing of “victims,” but the deeper explanation — of which I’ve given many examples — is an attitude of rebellion for rebellion’s sake, coupled with a desire for control. And damn the social and economic consequences, which seem not to occur to (or bother) leftists hell-bent having their way by harnessing the power of the state.

I must therefore revise Kling’s statement of the conservative heuristic, to read as follows: Conservatives view most favorably the voluntary institutions that constrain and guide people toward civilized behavior. And they view most unfavorably those people who they see as trying to tear down such institutions, even if they are doing it unwittingly and for the ostensible objective of helping the “oppressed.”

But leftists will object that the institutions of civil society are often oppressive, or were when they held sway. That objection usually rests on the nirvana fallacy; the institutions do not or did not live up to the left’s idea of perfection. The left’s answer to the “failure” of civil institutions is the enactment of laws, writing of regulations, and promulgation of a judicial decrees. But how often do “reality based” leftists check back to see whether the various government interventions have produced their wanted effects without producing deleterious side effects? I venture to say that the answer is almost never. If leftists were interested in the actual betterment of their fellow Americans, as opposed to controlling them, they would long ago have curbed government spending and regulatory activity, which have stunted economic growth to the detriment of poor and rich alike.

The urge to control is evident in the nascent secessionist movement in California, which has my best wishes for success. Leftists reject constitutional limits on the central government as long as they’re in charge. But confront leftists with a central government that is at least nominally controlled by Republicans (many of whom are actually conservatives) and they want out. (By contrast, my support of secession is meant to restore constitutional limits on the central government by starting over.)

The urge to secede is legitimate, if hypocritical on the part of leftists. Exit, or the threat of it, is an essential element of the evolution of civil society — or would be if it weren’t under the thumb of the state. If you don’t like the policies of an institution to which you belong, you can voice your objections and exit if your objections aren’t met. The smaller the institution, the more likely is voice to be effective. And the smaller the institution, the more likely that there are ready alternatives to it.

Voice and the threat of exit are part of what make voluntary institutions effective. They can and do change gradually through trial-and-error. Even large ones, like the Roman Catholic Church, which has changed over the centuries in ways large and small. And when it changed too much in a “liberal” direction, alternatives arose in the form of various Traditional Catholic organizations.

Leftists evidently lack the disposition toward trial-and-error and compromise that makes for “living” social institutions. They will point to a few extreme examples (e.g., slavery and forced segregation) to make the case for precipitous and overbearing government action. The irony is that slavery and forced segregation were government-backed institutions. Other favorite examples (e.g., child labor and “sweat shops”) usually overlook the voluntary nature of the relationships in question — voluntary because the supposed victims were made better off than they had been before. A modern equivalent is found in the case of Wal-Mart, which doesn’t compensate its employees as well as some other, similar firms (e.g., Costco), but which doesn’t drag people off the street and enslave them. Wal-Mart’s workforce of volunteers is, by definition, better off than it would be in the absence of Wal-Mart, and Wal-Mart’s millions of customers are, too.

The drive to force Wal-Mart to pay higher wages will, in the end, have the same result as the drive to dictate a minimum wage. It will lead to unemployment for people who most need employment, and it will end in the adoption of automated systems to replace human labor.

Similarly, the drive to make America “fairer” by privileging various groups favored by the left will be thwarted by the realities of economics and human nature. Employers who strive to make a profit (unlike government and universities), will do as they have always done: pay lip-service to “equality” while finding ways to hire only the best-qualified employees. And too many of those persons who are temporarily lifted up by affirmative action and “diversity programs” will find themselves on the outside looking in when they don’t measure up to the expectations of demanding professors and profit-seeking employers.

It comes down to this: Leftists start with an idealized view of the world as it should be — socially and commercially. As a result, they see harm where there is actually gain. And in their zeal to make the world right — by their lights — they make it worse.

Dr. John J. Ray, as usual, is most perceptive about the left:

As a good academic, I first define my terms: A Leftist is a person who is so dissatisfied with the way things naturally are that he/she is prepared to use force to make people behave in ways that they otherwise would not….

The essential feature of all Leftism is the desire to stop other people from doing various things they want to do and make them do various things that they do not want to do (via taxation, regulation, mass murder etc.)  When (on October 30, 2008) Obama spoke of his intention to “fundamentally transform” America, he was not talking about America’s geography or topography.  He was talking about transforming what American people can and must do.  So that is the first and perhaps the most important thing about Leftism:  It is intrinsically authoritarian.

Leftists are not alone in desiring to regulate others, however, so to complete the definition, we have to look at other things that characterize them.

The first remaining thing to say about them is that Leftism is emotional.  The second is to say that the emotion is negative and the third thing to say is that the negative emotion (usually anger/hate/rage) is directed at the world about the Leftist, at the status quo if you like.  The Leftist is nothing if he is not a critic, though usually a very poorly-informed critic.  And the criticisms tend to be both pervasive and deeply felt.

Orwell of course understood Leftism exceptionally well so it is revealing that in 1943 he wrote an essay called “Can Socialists Be Happy?”  His answer was that they can’t even imagine it….

While defining Leftism in terms of their apparent drives and motivations is undoubterdly true and useful, it doesn’t provide a really sharp differentiation of the Left from others.  And I think we can improve on it.  And to do that I think we have to refer to the natural state of affairs.  “The natural state of affairs”?  What is that?  It is a concept sometimes used in both law and economics but I want to broaden its applicability.  I think it is actually quite easy to define in a generally applicable way.  It means whatever people would do in the absence of external constraints….

So I think we can now make a pretty sharp distinction between the changes Leftists want and the changes that conservatives want. Leftists want change AWAY from the natural state of affairs while conservatives want changes TOWARDS the natural state of affairs — or at least changes that respect the natural state of affairs.

For “natural state of affairs” read “social norms that underlie liberty.”

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Related:Social Norms and Liberty” and the many posted listed there

The Harm Principle Revisited: Mill Conflates Society and State

John Stuart Mill is the father of modern liberalism, though he is usually thought of as a proponent of classical liberalism. The mistake arises from Mill’s harm principle, enunciated in his long essay On Liberty (1869). It is the sand upon which liberalism (classical and modern) is built:

That principle is, that 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. That 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. [Chapter I, paragraph 9]

This seemingly libertarian principle is in fact anti-libertarian, as I explain at length in “On Liberty.” In that post I focus on harm. As I say there,

the only plausible interpretation of the harm principle is as follows: An individual may do as he pleases, as long as he does not believe that he is causing harm to others. That is Mill’s prescription for liberty. It is, in fact, an invitation to license and anarchy.

In this post I turn to Mill’s definition of society. Here is Mill again:

Society can and does execute its own mandates: and if it issues wrong mandates instead of right, or any mandates at all in things with which it ought not to meddle, it practises a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself. Protection, therefore, against the tyranny of the magistrate is not enough: there needs protection also against the tyranny of the prevailing opinion and feeling; against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them; to fetter the development, and, if possible, prevent the formation, of any individuality not in harmony with its ways, and compel all characters to fashion themselves upon the model of its own. [Chapter I, paragraph 5]

But here’s the rub. Who decides when the “tyranny of prevailing opinion and feeling” is too oppressive? The state.

“State” is nothing more than an impressive-sounding word that really denotes the amalgam of elected and non-elected officials who wield governmental power. There are those who say that the state embodies the nation, which is like saying that the lion-tamer embodies the lion. The state most certainly is not society, but it is has the power to be far more tyrannical than society’s “prevailing opinion and feeling.”

Recourse to the power of the state has become the first resort of individuals and groups who object to prevailing opinion and feeling. And when the state meddles with prevailing opinion and feeling it creates new grievances, which produce resistance and resentments that splinter the nation rather than unite it.

What kinds of prevailing opinion and feeling could be so oppressive that their effects must be undone by the oppressive state? Mill devotes Chapter IV of On Liberty to examples of oppression, but they are examples of state action at the behest of sectarian and moralistic interests. Mill conflates society and state, which is excusable in 19th century England, where nation and society were far more congruous than they are in 21st century America.

At any rate, Mill says that

the likings and dislikings of society, or of some powerful portion of it, are thus the main thing which has practically determined the rules laid down for general observance, under the penalties of law or opinion. [Chapter I, paragraph 7]

And opinion, in Mill’s view, becomes inimical to liberty when it is converted into law and bars such things as music, dancing, drinking, the expression of unpopular views, and free trade. In sum, On Liberty should be read as a warning against statist oppression at the behest of powerful factions. Though, as I show in “On Liberty,” it also — and contradictorily — can be read as a justification for behavior that subverts civilizing norms which underlie liberty.

But no matter, the harm principle lives on in the minds of leftists as a justification for using the power of the state to overturn norms of which they disapprove, while it also serves as a justification for anti-social behavior of which they approve. They are faux-individualists because their penchant for governmental intervention against social norms in the name of liberty actually results in the diminution of liberty.

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Related reading: Theodore Dalrymple, “The Simple Truth about J.S. Mill’s Simple Truth,” Library of Law and Liberty, July 20, 2015

*     *     *

Related posts — everything listed at “Social Norms and Liberty,” but especially “On Liberty” and
Anarcho-Authoritarianism
The Meaning of Liberty
Facets of Liberty
The Pseudo-Libertarian Temperament
Romanticizing the State
“We the People” and Big Government
Liberty and Social Norms Re-examined

Misunderstanding the Problem

In “How Statistics Lost Their Power — and Why We Should Fear What Comes Next” (The Guardian, January 19, 2017), William Davies asserts that

statistics should help settle arguments. They ought to provide stable reference points that everyone – no matter what their politics – can agree on. Yet in recent years, divergent levels of trust in statistics has become one of the key schisms that have opened up in western liberal democracies. Shortly before the November presidential election, a study in the US discovered that 68% of Trump supporters distrusted the economic data published by the federal government….

Rather than diffusing controversy and polarisation, it seems as if statistics are actually stoking them. Antipathy to statistics has become one of the hallmarks of the populist right, with statisticians and economists chief among the various “experts” that were ostensibly rejected by voters in 2016. Not only are statistics viewed by many as untrustworthy, there appears to be something almost insulting or arrogant about them. Reducing social and economic issues to numerical aggregates and averages seems to violate some people’s sense of political decency….

The declining authority of statistics – and the experts who analyse them – is at the heart of the crisis that has become known as “post-truth” politics. And in this uncertain new world, attitudes towards quantitative expertise have become increasingly divided. From one perspective, grounding politics in statistics is elitist, undemocratic and oblivious to people’s emotional investments in their community and nation. It is just one more way that privileged people in London, Washington DC or Brussels seek to impose their worldview on everybody else. From the opposite perspective, statistics are quite the opposite of elitist. They enable journalists, citizens and politicians to discuss society as a whole, not on the basis of anecdote, sentiment or prejudice, but in ways that can be validated. The alternative to quantitative expertise is less likely to be democracy than an unleashing of tabloid editors and demagogues to provide their own “truth” of what is going on across society.

And yada yada yada.

Davies views the world through the lens of the policy-maker, who believes that he can fine-tune the interests of millions of people and arrive at policies that deliver the “greatest amount of happiness for the greatest amount of people.” This is nothing more than utilitarianism — the arrogant doling out of other people’s money — which is antithetical to liberty.

Here’s why “populists” are up in arms about statistics: They don’t like to be pushed around, and they can smell b.s. a mile away. Social statistics are malleable things. In the hands of pundits and politicians they are cherry-picked and smoothed and slanted in favor of one-size-fits-all “solutions” to perceived problems. The result usually is that a lot of people get burned by those “solutions.” Take Obamacare, please!

The real solution to most “social” problems isn’t more and better statistics, it’s smaller and less powerful government.

That’s what all the fuss is about, Mr. Davies.

Read on:
The Greatest Good of the Greatest Number?
The Interest-Group Paradox
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Accountants of the Soul
Rawls Meets Bentham
Utilitarianism and Psychopathy
Governmental Perversity
Utilitarianism vs. Liberty (II)
Social Justice vs. Liberty

Politics, Personality, and Hope for a New Era

“Liberals” are more neurotic than conservatives. That is, “liberals” have a “tendency to experience unpleasant emotions easily, such as anger, anxiety, depression, and vulnerability.” This is consistent with what I have observed of family members, friends, and co-workers over a span of more than 50 years.

Anxious persons are eager to sacrifice better but less certain outcomes — the fruits of liberty — for “safe” ones. Anxious persons project their anxieties onto others, and put their trust in exploitative politicians who play on their anxieties even if they don’t share them. This combination of anxieties and power-lust yields “social safety net” programs and regulations aimed at reducing risks and deterring risk-taking.. At the same time, American “liberals” — being spoiled children of capitalism — have acquired a paradoxical aversion to the very things that would ensure their security: swift and sure domestic justice, potent and demonstrably ready armed forces.

Conservatives tend toward conscientiousness more than liberals do; that is, they “display self-discipline, act dutifully, and strive for achievement against measures or outside expectations.” (This paper summarizes previous research and arrives at the same conclusion about the positive correlation between conscientiousness and conservatism.) In other words, conservatives (by which I don’t mean yahoos) gather relevant facts, think things through, assess the risks involved in various courses of action, and choose to take risks (or not) accordingly. When conservatives choose to take risks, they do so after providing for the possibility of failure (e.g., through insurance and cash reserves). Confident, self-reliant conservatives are hindered by governmental intrusions imposed at the behest of anxious “liberals.” All that conservatives need from government is protection from domestic and foreign predators. What they get from government is too little protection and too much interference.

Liberty — secured by swift domestic justice and a strong national defense — abets social comity and informed risk-taking, which is the life-blood of prosperity. “Liberalism” has almost extinguished liberty in America, but its feeble pulse has shown signs of strength since January 20, 2017. I can live with the bombast of Trump’s utterances, with higher labor costs, and some restrictions on imports if those things are part of a package deal that includes the reversal of the Supreme Court’s “liberalism,” the emasculation of the EPA, an end to government-sponsored warmist-pandering, significant deregulation, the end of Obamacare, smaller and cheaper government on the domestic front, respect and support for the police who daily put their lives on the line, larger and more potent armed forces, an “America First” foreign policy, and the end of “social justice” as an animating force in government policy.

Liberal Nostrums

Persons who call themselves libertarians or classical liberals are loathe to relinquish their claim to liberalism, even though the word has a acquired a justifiably foul odor because of its long association with leftist statism. What is liberalism, and why should self-styled libertarians and classical liberals want to align themselves with it?

The following discussion, from “Liberalism” at Stanford Encyclopedia of Philosophy, shows a decided lack of consensus about the principles of liberalism, even of the so-called classical or libertarian strain:

Liberal political theory … fractures over the conception of liberty. But a more important division concerns the place of private property and the market order. For classical liberals — sometimes called the ‘old’ liberalism — liberty and private property are intimately related. From the eighteenth century right up to today, classical liberals have insisted that an economic system based on private property is uniquely consistent with individual liberty, allowing each to live his life — including employing his labor and her capital — as he sees fit. Indeed, classical liberals and libertarians have often asserted that in some way liberty and property are really the same thing; it has been argued, for example, that all rights, including liberty rights, are forms of property; others have maintained that property is itself a form of freedom…. A market order based on private property is thus seen as an embodiment of freedom…. Unless people are free to make contracts and to sell their labour, or unless they are free to save their incomes and then invest them as they see fit, or unless they are free to run enterprises when they have obtained the capital, they are not really free.

Classical liberals employ a second argument connecting liberty and private property. Rather than insisting that the freedom to obtain and employ private property is simply one aspect of people’s liberty, this second argument insists that private property is the only effective means for the protection of liberty. Here the idea is that the dispersion of power that results from a free market economy based on private property protects the liberty of subjects against encroachments by the state. As F.A. Hayek argues, “There can be no freedom of press if the instruments of printing are under government control, no freedom of assembly if the needed rooms are so controlled, no freedom of movement if the means of transport are a government monopoly”….

Although classical liberals agree on the fundamental importance of private property to a free society, the classical liberal tradition itself refracts into a spectrum of views, from near-anarchist to those that attribute a significant role to the state in economic and social policy…. Towards the most extreme ‘libertarian’ end of the classical liberal spectrum are views of justified states as legitimate monopolies that may with justice charge for their necessary rights-protection services: taxation is legitimate so long as it is necessary to protect liberty and property rights. As we go further ‘leftward’ we encounter classical liberal views that allow taxation for (other) public goods and social infrastructure and, moving yet further ‘left’, some classical liberal views allow for a modest social minimum…. Although today classical liberalism is often associated with extreme forms of libertarianism [e.g., anarcho-capitalism], the classical liberal tradition was centrally concerned with bettering the lot of the working class. The aim, as Bentham put it, was to make the poor richer, not the rich poorer…. Consequently, classical liberals reject the redistribution of wealth as a legitimate aim of government.

All of that is more or less opposed to

[w]hat has come to be known as ‘new’, ‘revisionist’, ‘welfare state’, or perhaps best, ‘social justice’, liberalism challenges this intimate connection between personal liberty and a private property based market order…. Three factors help explain the rise of this revisionist theory. First, the new liberalism arose in the late nineteenth and early twentieth centuries, a period in which the ability of a free market to sustain what Lord Beveridge … called a ‘prosperous equilibrium’ was being questioned. Believing that a private property based market tended to be unstable, or could, as Keynes argued … , get stuck in an equilibrium with high unemployment, new liberals came to doubt that it was an adequate foundation for a stable, free society. Here the second factor comes into play: just as the new liberals were losing faith in the market, their faith in government as a means of supervising economic life was increasing. This was partly due to the experiences of the First World War, in which government attempts at economic planning seemed to succeed (Dewey, 1929: 551-60); more importantly, this reevaluation of the state was spurred by the democratization of western states, and the conviction that, for the first time, elected officials could truly be, in J.A. Hobson’s phrase ‘representatives of the community’…. As D.G. Ritchie proclaimed:

be it observed that arguments used against ‘government’ action, where the government is entirely or mainly in the hands of a ruling class or caste, exercising wisely or unwisely a paternal or grandmotherly authority — such arguments lose their force just in proportion as the government becomes more and more genuinely the government of the people by the people themselves….

The third factor underlying the development of the new liberalism was probably the most fundamental: a growing conviction that, so far from being ‘the guardian of every other right’ … , property rights generated an unjust inequality of power that led to a less-than-equal liberty (typically, ‘positive liberty’) for the working class. This theme is central to what is usually called ‘liberalism’ in American politics, combining a strong endorsement of civil and personal liberties with, at best, an indifference, and often enough an antipathy, to private ownership. The seeds of this newer liberalism can be found in Mill’s On Liberty….

I won’t rehearse my arguments against On Liberty and the “new” liberalism, which you can find in many posts (e.g., here, here, here, here, and here). My concern here is with the limitations of classical liberalism, which is a superficial political philosophy.

Take religion, for example, which remains a vital force in the lives of millions of Americans, but which is overtly attacked by modern liberals (a.k.a. progressives) and subtly attacked by many classical liberals. Here, for example, is Kevin Vallier — a philosopher who seems to take a classical liberal stance — in “A Genuinely Liberal Approach to Religion in Politics” (Cato Unbound, October 6, 2014):

Conservatives regularly attempt to legally define marriage as a union between one man and one woman. Let’s assume for the sake of argument that conservatives have both successful (but not indubitable) natural law arguments that explain why heterosexual marriage is the only morally permissible form of conjugal union and successful (but not indubitable) theological arguments that only a man and a woman can count as married in God’s eyes. On the theory I advance, these arguments cannot justify restricting marriage to a man and a woman given that such laws force many organizations to deny benefits to gay couples that would otherwise offer them. This is because many people, religious and secular, can reasonably reject even good conservative arguments.

On the other hand, legalizing gay marriage without religious exemptions disrespects sincere citizens of faith by forcing them to provide benefits to gay couples whose unions they reasonably believe are morally and theologically invalid. Thus, my approach either requires the abolition of government marriage, or as a second best policy, the legalization of gay marriage with extensive religious exemptions. These two policies are the only way to respect the diverse reasoning of all concerned parties.

Classical liberalism, in Vallier’s rendition of it, effectively removes legal standing from religious norms — even long-standing ones, such as the prohibition of murder. But religious norms are just social norms that have been embedded in religious doctrines. Or perhaps it’s the other way around. The prohibition of murder, for example, is a religious norm that is also a widely accepted and almost universally practiced social norm. Or perhaps it was a social norm that was adopted as a religious one. At any rate, it’s fair to call it a social-religious norm of ancient provenance.

Should government allow homosexual “marriage” despite a long-standing social-religious norm that forbids it? If so, why shouldn’t government allow murder despite a long-standing social-religious norm against it? Both norms serve vital social functions, it’s just that the function served by the prohibition of murder is more obvious than the one served by the prohibition of homosexual “marriage.” As I say here,

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

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

On the question of the long-run effects of state-imposed homosexual “marriage,” I turn to Jennifer Roback Morse’s “Marriage and the Limits of Contract” (Policy Review, April & May 2005):

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

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

Vallier suggests two options. The first one is to privatize marriage. It’s a course that I favor, but it’s an unlikely one. Vallier’s second option — his second-best policy — is the legalization of same-sex “marriage” with extensive religious exemptions. But as Roback Morse and I argue, no number of religious exemptions can forestall the social damage that will result from the legal recognition of same-sex “marriage.”

In any event, Vallier’s case for the legal recognition of same-sex “marriage,” with religious exemptions, rests on the assumption that the failure of government to recognize same-sex “marriage” would “force many organizations to deny benefits to gay couples that would otherwise offer them.” Private organizations are free to offer benefits to whomever they wish to offer them; they just have to pay for the benefits and try to recoup the costs from customers or donors. But that’s always true; for example, employer-provided health-insurance isn’t “free” to employees, it really comes out of employees’ wages and must be covered by employers’ revenues.

It’s probably true that the refusal of government to recognize same-sex “marriage” would mean the denial of spousal benefits to the homosexual partners of government employees. But it’s also true that government budgets are limited — despite massive debt — and government doesn’t provide a lot of benefits that various groups would like to enjoy.

As a taxpayer, I would prefer fewer government benefits, not more. I would argue, for example, that the tax code should be absolutely neutral with respect to marital status and number of dependents; those are personal “lifestyle” choices that shouldn’t be encouraged by government and subsidized by single taxpayers with no dependents.

Further, how would Vallier exempt taxpaying religious objectors from subsidizing the spousal benefits to homosexual partners of government employees? If he cannot find a way to do that — and I don’t see how he can — his “neutral” solution — recognition of same-sex “marriage” with lots of exemptions for objectors — is no solution at all.

Why have I given so much space to the issue of same-sex “marriage” and a classical liberal treatment of it? To illustrate the glibness of the “liberal” worldview. Wordsmiths like Vallier try to weave their way around social norms by resorting to simplistic concepts that seem to promise liberty but cannot deliver it. In that regard, Vallier is in company with J.S. Mill, whose harm principle is an intellectually fraudulent attack on social norms.

For more about Mill, “liberalism,” and liberty, see these posts:

On Liberty
Rationalism, Social Norms, and Same-Sex “Marriage”
Pseudo-Libertarian Sophistry vs. True Libertarianism
Bounded Liberty: A Thought Experiment
Evolution, Human Nature, and “Natural Rights”
The Meaning of Liberty
Positive Liberty vs. Liberty
The Meaning of Liberty
Positive Liberty vs. Liberty
The Golden Rule as Beneficial Learning
Burkean Libertarianism
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
Prohibition, Abortion, and “Progressivism”
Liberty, Negative Rights, and Bleeding Hearts
Conservatives vs. “Liberals”
Why Conservatism Works
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
The Social Animal and the “Social Contract”
The Pseudo-Libertarian Temperament
Modern Liberalism as Wishful Thinking
Getting Liberty Wrong
Romanticizing the State
Getting Liberty Wrong
Romanticizing the State
My View of Libertarianism
More About Social Norms and Liberty
The War on Conservatism
Friedman on Anarchy and Conservatism
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Society, Polarization, and Dissent
Another Look at Political Labels
Social Justice vs. Liberty
Economically Liberal, Socially Conservative

Color Me Unmoved

Today is Martin Luther King Jr. Day, an annual observance of the birth of its eponymous honoree. I was a young man, two months into my first post-college job, at the time of King’s March on Washington for Jobs and Freedom. I wasn’t moved by the march, or by King’s “I Have a Dream” speech.

Not for me are the mass march or the stirring speech. It is easy to stir the emotions of millions of persons. Such events are therefore insignificant. Significant events — the events that bind people and conduce to liberty — are mundane ones:

  • Couples who wed, stay together despite rough patches in their marriage, and teach their children right from wrong.
  • Owners of small businesses who persevere through hard times, retain loyal employees, and participate willingly and generously in community activities.
  • Craftsmen who take satisfaction in jobs well done, and who are pleased when their efforts please others.
  • Bankers whose diligence safeguards the money with which they’re entrusted, and who lend it judiciously to help couples buy homes, to finance businesses, and to provide the craftsmen’s tools of the trade.
  • Clergymen who tend the souls of these “average” Americans, and police who protect them.

These — and many others like them — are the unheralded, often mocked, and too-often scorned heroes whose daily lives of perseverance and dedication are the backbone of liberty: peaceful, willing coexistence and its concomitant: beneficially cooperative behavior.

“I have a dream,” “ask what you can do for your country,” and “we have nothing to fear but fear itself” are nothing more than high-flown, empty phrases. Liberty is built on the ordinariness of “ordinary people” doing ordinary things in everyday life.

Why Conservatives Shouldn’t Compromise

It’s tempting, sometimes, to compromise with the left’s agenda, which is top-down regulation of social and economic relations. The agenda has a huge constituency, after all. Think of the tens of millions of persons who would be harmed in the short run, if not for a long time, if a leftist scheme were undone.

Consider Obamacare, for example. A key provision of Obamacare — the camel’s nose, head, and shoulders in the tent of universal health care (a.k.a., socialized medicine) — is the vast expansion of eligibility for Medicaid. In the 30-some States that have opted to participate in the expanded program, persons with incomes up to 133 percent of the poverty line are eligible, including adults without dependent children.

It would seem that only a Simon Legree or Ebenezer Scrooge would deny Medicaid coverage to those millions who have obtained it by way of Obamacare. Or it would until the following considerations come to mind:

  • The poverty line is a misleading metric. It’s a relative measure of income, not an absolute one. Most “poor” persons in today’s America are anything but poor in relation the truly poor of the world, and they live far above a subsistence level. The poverty line is nothing but an arbitrary standard that justifies income redistribution.
  • Other persons, with their own problems, are paying for the government’s generous “gift” to the semi-poor. But who is really in a position to say that the problems of Medicaid recipients are more deserving of subsidization than the problems facing those who defray the subsidy?
  • If expanded Medicaid coverage were withdrawn, those now covered would be no worse off than they had been before taxpayers were forced to subsidize them.
  • Being relatively poor used to be a good reason for a person to work his way up the ladder of success. Perhaps not far up the ladder, but in an upward direction. It meant learning skills — on the job, if necessary — and using those skills to move on to more-demanding and higher-paying jobs. Redistributive measures — Medicaid subsidies, food stamps, extended unemployment benefits, etc. — blunt the incentive to better oneself and, instead, reinforce dependency on government.

I will underscore the last point. The 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.

And how does government pay for those handouts? In part, it taxes many of the people who receive them. It also pays generous salaries and benefits of the army of drones who administer them. It’s a Ponzi scheme enforced at gunpoint.

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

The Problem with Political Correctness

UPDATED BELOW 12/09/16

Why do conservatives and (some) libertarians cringe and react negatively to political correctness? I mean by political correctness “language, policies, or measures that are intended to avoid offense or disadvantage to particular groups in society.” Further, critics of p.c. use the term “as a pejorative, implying that these policies are excessive,” not to mention the language and measures of p.c.-ness.

There are several reasons to reject p.c.-ness:

  1. It is often condescending toward the identity groups it is meant to protect and advance.
  2. It is meant to hide the truth about common characteristics of such groups.
  3. It implies that those persons who don’t join in p.c.-ness are racist bigots with minds that are closed to reality (which is exactly what 1 and 2 say about proponents of p.c.-ness).
  4. The policies and measures that flow from p.c.-ness usually go beyond “avoiding disadvantage to particular groups” to confer advantage on particular groups.
  5. Such policies and measures are therefore anti-libertarian, and often are costly and ineffective (even counterproductive).
  6. Such policies and measures tend to penalize persons who have had nothing to do with any real disadvantages that may have befallen various identity groups.

I can’t speak for conservatives as a group — though they should be a “protected group” (I write sarcastically). But I can tell you that my rejection of p.c.-ness is based on all six of those reasons. And the sum of the six is a devastating attack on social comity (or what’s left of it), even-handed treatment of all persons under the law, freedom of speech, freedom of association, property rights, and the economic well-being of the nation. Other than that, there’s nothing wrong with p.c.-ness.

Whatever merit there is in p.c.-ness, it is canceled by the bad odor that surrounds it. P..c.-ness is a variant of crying wolf: The more often it’s invoked, the less believable it becomes. There’s a corollary: The more people who require p.c. treatment, the fewer people who are left to be blamed for the conditions that p.c.-ness is meant to remedy. Or, if almost everyone is a “victim,” almost no one is a “victim.”

Unless you believe, of course, that straight, white males of European descent are to blame for every bad thing that has befallen every other identity group. Or unless you believe that it’s simply “unfair” for straight, white males of European descent to have been so dominant for so long in so many fields of endeavor.

Was it “unfair” of Newton and Einstein to have been the greatest of physicists? Was in “unfair” of Abraham Lincoln to have been the president who conquered the South and thereby put an end to slavery? Is it “unfair” that there seems to be something in the genetic makeup of East Asians that gives them higher IQs on average than whites, who have higher IQs on average than blacks? (Why aren’t whites complaining about the “unfairness” of the distribution of IQs?) Is it “unfair” that (in the United States, at least) whites, who are on average smarter than blacks, earn more than blacks on average? If that is “unfair,” why is it “fair” that the NBA is dominated by black athletes whose IQs are lower than the IQs of white physicists but who earn many, many times as much as white physicists do?

The problem with “fairness,” which is at the heart of p.c.-ness, is that it is a reality-free concept. It doesn’t take account of the facts of life, such as those alluded to in the preceding paragraph. It assumes that differences in outcomes (e.g., relative earnings, literary fame, scientific achievements, political advancement) are due mainly to one’s membership (or lack thereof) in an identity group. P.c.-ness leaves no room for reality. It leaves no room for individual responsibility. It seeks special treatment for groups of people, regardless of the mental, physical, or moral capacity of each member of a group. (It’s just a variant of white supremacy.)

Which brings me to the deeper reason why conservatives and (some) libertarians instinctively cringe and react negatively to political correctness. Conservatives and libertarians are big on personal responsibility. It’s at the center of libertarianism. It plays an important role in conservatism, where personal responsibility includes not only responsibility for one’s self and for one’s role in society (properly understood), but also responsibility for the observance and continuance of time-tested social norms.

Political correctness casts personal responsibility aside and replaces it with identity politics. That’s the deeper reason why conservatives and (some) libertarians cringe and react negatively to it.

UPDATE 12/09/16

Travis Scott focuses on one (of many) counterproductive effects of political correctness in “The Science Says Putting Women into Combat Endangers National Security” (The Federalist, December 9, 2016). Title of the article speaks for itself. I will quote two passages. The first is about the apprehension of an intruder who climbed over a fence at the White House:

In 2014, a veteran named Omar Gonzalez jumped a fence and rushed the White House. He had a weapon, and made it all the way across the green lawn and into the White House. He was first confronted in the White House by a lone guard, whom he overpowered with ease. He ran through the White House and was not apprehended until he got to the East Room.

Many of the news reports failed to mention that the guard Gonzalez overpowered was a female member of the Secret Service, and that the people who apprehended Gonzalez were males. While the president’s life may have been put in jeopardy by putting a female guard between him and a knife-wielding wild man (a guard the Secret Service had deemed physically fit enough to defend the president), other issues were addressed instead, such as “added layers” of security to the lawn of the White House.

That’s just a single illustration of the folly of the politically correct position which says that women can do everything that men can do. (Most men — conservatives ones, at least — wouldn’t think of claiming that they can do everything that women can do.) More generally, with respect to gender integration of combat forces, Scott writes about the Marine Corps study:

Coinciding with all previous research and scientific findings, in military training also women fail at incredibly higher rates at physically demanding tasks. In 2015, the Marine Corps concluded a yearlong study of how de-sexing units would affect combat readiness. They found: “all-male units were faster, more lethal and able to evacuate casualties in less time… All-male squads, the study found, performed better than mixed gender units across the board. The males were more accurate hitting targets, faster at climbing over obstacles, better at avoiding injuries.” Similar studies within our military, and even from other countries, reinforce these findings.

Irrationally, government officials in the Obama administration have opted to ignore all available scientific data to forward their own politically correct agenda. This suggests they didn’t care what the science said to begin with. It means they are willing to degrade the quality of the military’s effectiveness to artificially advance women who can’t compete by the same standards, and by doing this they are knowingly putting our soldiers at greater risk for injury and death. For this, their actions are condemnable before God and all the men of their country.

While some nitpick the all-male versus mixed-sex units study, no one has suggested studying how effective all-male units would be against all-female units. Not only are there simply not enough women capable and willing to fill such roles, but nobody thinks all-female units could be as effective as all-male units. It should stand to reason that because we know women are weaker then men on a biological level, that it should be obvious that integrating women into all-male units would tactically weaken those units. When you take these plain truths and put them together, the Marine Corps findings aren’t all that surprising.

Sgt. Maj. Justin D. Lehew, who was a part of this Marine Corps study, lashed back at critics who claimed “better women could have been picked,” and that the evaluators’ mindsets were “biased” against women from the start:

We selected our best women for this test unit, selected our most mature female leaders as well. The men (me included) were the most progressive and open minded that you could get… The best women in The GCEITF as a group in regard to infantry operations were equal or below in most all cases to the lowest 5 percent of men as a group in this test study. They are slower on all accounts in almost every technical and tactical aspect and physically weaker in every aspect across the range of military operations… Listen up folks. Your senior leadership of this country does not want to see America overwhelmingly succeed on the battlefield, it wants to ensure that everyone has an opportunity to pursue whatever they want regardless of the outcome on national security…There is nothing gender biased about this, it is what it is. You will never see a female Quarterback in the NFL, there will never be a female center on any NHL team and you will never see a female batting in the number 4 spot for the New York Yankees. It is what it is.

What it comes down to is this: Conservatives are realists. Politically correct “liberals” are fantasists.

Freedom of Speech and the Long War for Constitutional Governance

Freedom of speech is at the heart of the war between the friends and enemies of liberty. The Constitution’s guarantee of freedom of speech is misunderstood. The social order that underlies liberty has been undermined by the Supreme Court’s free-speech absolutism. At the same time, the kind of speech that should be protected by the First Amendment is increasingly suppressed by the enemies of liberty, who will find succor in Justice Kennedy’s ruling in Obergefell v. Hodges.

The restoration of freedom of speech, properly understood, will take a long time and determined action by conservatives. It will require a counter-revolution against the insidious, decades-long spread of leftist doctrines by “educators” and the media.

THE SLIPPERY SLOPE AWAY FROM REASONED DISSENT

Bill Vallicella (Maverick Philosopher) characteristically asks a tough question, and answers it:

Ought flag burning come under the rubric of protected speech?  Logically prior question: Is it speech at all?  What if I make some such rude gesture in your face as ‘giving you the finger.’  Is that speech?  If it is, I would like to know what proposition it expresses.  ‘Fuck you!’ does not express a proposition.  Likewise for the corresponding gesture with the middle finger.  And if some punk burns a flag, I would like to know what proposition the punk is expressing.
The Founders were interested in protecting reasoned dissent, but the typical act of flag burning by the typical leftist punk does not rise to that level.  To have reasoned or even unreasoned dissent there has to be some proposition that one is dissenting from and some counter-proposition that one is advancing, and one’s performance has to make more or less clear what those propositions are.  I think one ought to be skeptical of arguments that try to subsume gestures and physical actions under speech.

The only reasonable objection to Vallicella’s position is that a government which can outlaw flag-burning or finger-flipping can outlaw any form of expression. The objection is a slippery-slope argument: allow X (suppression of certain forms of expression) and Y (suppression of any kind of expression, at the whim of government) is sure to follow.

What has happened, in fact, is the opposite: Forms of expression (i.e., speech and symbolic acts) that had been outlawed have been made legal by the U.S. Supreme Court. Examples are the showing of films that the authorities of a State considered obscene, the utterance or publication of statements advocating the overthrow of government, and flag-burning. The Court has developed something like an absolute position regarding freedom of speech — or, more accurately, freedom of expression.

For example, only where advocacy of and organization for an overthrow of government is deemed to be a “clear and present danger” can such advocacy or organization be curbed. Which is somewhat like waiting to shoot at an enemy armed with a long-range rifle until you are able to see the whites of his eyes. Or, perhaps more aptly in the 21st century, waiting until a terrorist strikes before acting against him. Which is too late, of course, and impossible in the usual case of suicide-cum-terror.

And therein lies the dangerous folly of free-speech absolutism. 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. Lowenthal’s case is summarized in Edward J. Erler’s review of the book (“The First Amendment and the Theology of Republican Government,” Interpretation, Spring 2000):

The thesis of David Lowenthal’s [book] is as bold as it is simple: “the First Amendment, intended as a bulwark of the republic, has become a prime agent of its destruction” (p. xiv). Lowenthal rightly argues that the First Amendment was adopted for a political purpose; it sought to protect only those liberties necessary for the preservation of republican government. Today, however, the focus of the First Amendment is on “individual rights” rather than the common good, at it is this “over-expansion of individual liberty” that Lowenthal believes has led to the vast decline of the “moral and political health of the republic,” a decline that undermines the very foundations of liberty itself. Indeed, the Supreme Court has “made individual freedom its god — at the expense of the moral, social, and political needs of ordered society” (p. xiv).

Lowenthal argues that this corruption in First Amendment jurisprudence was caused by the deliberate departure from the intentions of its framers: “the great impetus for movement in the direction of extreme liberty came not from within the system but from new philosophies and theories, mostly imported from abroad…. The main culprit here, according to Lowenthal, is John Stuart Mill who, in the hands of Justices Holmes and Brandeis, became the intellectual guide for a “second, hidden founding” (pp. 54, 45, 248, 250, 253, 267, 273). It was Mill who “supplied a new theoretical foundation for liberty, calling for its vast expansion in the name of freedom of thought,” and by the middle of the twentieth century, those forces set in motion by modernity, “relativism and subjectivism,” had become the dominant mode of thought informing constitutional interpretation (p. 267). Mill and his epigones replaced the founders as the source for understanding the Constitution.

The efforts of Holmes and Brandeis, of course, were part of the larger Progressive movement. The explicit goal of Progressivism was to free the Constitution from its moorings of the founding, most particularly from the “static” doctrines of the Declaration of Independence and its reliance on the permanent truths of the “laws of nature and nature’s God.” Progressivism itself was only one strain of modernity, but it shared with the other strains the depreciation of both reason and revelation as sources of moral and political authority. Progressivism was phenomenally successful in it debunking of the founding and its reformist zeal appealed wholly to the passions. It sought to liberate the passions from the constraints of morality, whereas the founders appealed to the “reason … of the public” (The Federalist, No. 49 [Rossiter, ed.] p. 317) as the foundation of moral and political order. The appeal to reason will always be more difficult than the appeal to passion, especially when the appeal to passion has itself assumed a kind of “moral” authority. It should not be surprising therefore that the success of the “Holmes-Brandeis school of jurisprudence,” in Lowenthal’s estimation, “is wholly out of keeping with its intrinsic merits” (p. 61).

Progressivism was a wholly alien doctrine; it derived not from any thought of the founding, but from Continental thought, principally of Hegel. The result was moral relativism verging on nihilism. But Lowenthal rightly questions “whether any alien doctrines, any doctrines other than those of the founders and framers, written into the language of the Constitution, should be so employed” (p. 54). Lowenthal supports original intent jurisprudence because the ideas of the framers and founders “remain constitutionally, politically, and morally superior to those that have displaced them” (p. xxii). Lowenthal does not minimize the difficulty of restoring the founding to its rightful place; he believe the republic is in grave danger and the danger is more than abundantly evident in the current understanding of the First Amendment. Lowenthal’s account is not that of a mere intellectual; it is written with a verve, moral passion, and deep understanding that is almost unknown among intellectuals.

The First Amendment, in the hands of the Supreme Court, has become inimical to the civil and state institutions that enable liberty. The Court has been so busy protecting the right of the media to subvert the national defense, that it hasn’t spared the time to extend its free-speech absolutism by striking down speech codes at taxpayer-funded universities. That’s perverse because, among many things, speech codes are intended to suppress the very kind of political dissent that the First Amendment was meant to protect. It isn’t protected because it’s conservative dissent from “liberal” orthodoxy.

ENTER THE AMORPHOUS HARM PRINCIPLE

One aspect of that orthodoxy, which Lowenthal addresses, is John Stuart Mill’s harm principle:

[T]he 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. That 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. [John Stuart Mill, On Liberty (1869), Chapter I, paragraph 9.]

This is empty rhetoric. Theodore Dalrymple exposes its emptiness in “The Simple Truth about J.S. Mill’s Simple Truth” (Library of Law and Liberty, July 20, 2015). Dalrymple writes about the legalization of drugs, but his indictment of the harm principle is general:

I can do as I please, and take what I like, so long as I harm no others.

One can easily sympathize with this attempt to delimit the relations between the individual and the state or other powerful authorities. Every government today is in practice vastly more oppressive than that of George III in the American colonies. Which of us does not feel an increasing weight on him of regulation, prohibition, and compulsion from on high—most of it nowadays supposedly for our own good—to help us lead a better or a longer life whether we want it or not? How are we to hold back the flood of official intrusion into our lives without a principle to distinguish legitimate from illegitimate intrusion?…

The objections to the Millian premise of the call to drug legalization are well-known. Man is a social as well as a political animal, and except for the very few who live in genuine isolation, almost all that we do affects someone else….

We may, indeed we ought to, have a bias or presumption in favor of individual liberty, and we should also have a lively appreciation of the fact that interference with liberty to prevent harm to others may actually cause more harm than it prevents. Moreover, because liberty is a good in itself, loss of liberty is a harm in itself, always to be taken into account.

None of this means that there is a very clear principle that can lay down in advance the limits of liberty, such as Mill wants (and the would-be legalizers of drugs rely upon)….

The libertarian position with regard to drugs would be more convincing if the costs of the choices of those who took them could be brought home to them alone. We know that, in practice, they are shared….

In short, there is no “very simple principle” of the kind that Mill enunciated, with an eloquence that disguised a certain hollowness, that establishes as inherently wrong the forbidding of citizens to take whatever drugs they like. By the same token, there is no very simple principle that will determine which drugs should be permitted and which banned.

If it is right to begin permitting the consumption of a heretofore banned drug, it must, therefore, be on other grounds than that “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.” As Einstein said, a theory should be as simple as possible, but not simpler than possible.

THE SUBVERSION OF SOCIAL NORMS IS THE SUBVERSION OF LIBERTY

Harm must be defined. And its definition must arise from voluntarily evolved social norms. Such norms evince and sustain the mutual trust, respect, forbearance, and voluntary aid that — taken together — foster willing, peaceful coexistence and beneficially cooperative behavior. And what is liberty but willing, peaceful coexistence and beneficially cooperative behavior?

Behavior is shaped by social norms. Those norms once were rooted in the Ten Commandments and time-tested codes of behavior. They weren’t nullified willy-nilly in accordance with the wishes of “activists,” as amplified through the megaphone of the mass media, and made law by the Supreme Court. What were those norms? Here are some of the most important ones:

Marriage is a union of one man and one woman. Nothing else is marriage, despite legislative, executive, and judicial decrees that substitute brute force for the wisdom of the ages.

Marriage comes before children. This is not because people are pure at heart, but because it is the responsible way to start life together and to ensure that one’s children enjoy a stable, nurturing home life.

Marriage is until “death do us part.” Divorce is a recourse of last resort, not an easy way out of marital and familial responsibilities or the first recourse when one spouse disappoints or angers the other.

Children are disciplined — sometimes spanked — when they do wrong. They aren’t given long, boring, incomprehensible lectures about why they’re doing wrong. Why not? Because they usually know they’re doing wrong and are just trying to see what they can get away with.

Drugs are taken for the treatment of actual illnesses, not for recreational purposes.

Income is earned, not “distributed.” Persons who earn a lot of money are to be respected. If you envy them to the point of wanting to take their money, you’re a pinko-commie-socialist (no joke).

People should work, save, and pay for their own housing. The prospect of owning one’s own home, by dint of one’s own labor, is an incentive to work hard and to advance oneself through the acquisition of marketable skills.

Welfare is a gift that one accepts as a last resort, it is not a right or an entitlement, and it is not bestowed on persons with convenient disabilities.

Sexism (though it isn’t called that) is nothing more than the understanding — shared by men and women — that women are members of a different sex (the only different one); are usually weaker than men; are endowed with different brain chemistry and physical skills than men (still a fact); and enjoy discreet admiration (flirting) if they’re passably good-looking, or better. Women who reject those propositions — and who try to enforce modes of behavior that assume differently — are embittered and twisted.

A mother who devotes time and effort to the making of a good home and the proper rearing of her children is a pillar of civilized society. Her life is to be celebrated, not condemned as “a waste.”

Homosexuality is a rare, aberrant kind of behavior. (And that was before AIDS proved it to be aberrant.) It’s certainly not a “lifestyle” to be celebrated and shoved down the throats of all who object to it.

Privacy is a constrained right. It doesn’t trump moral obligations, among which are the obligations to refrain from spreading a deadly disease and to preserve innocent life.

Addiction isn’t a disease; it’s a surmountable failing.

Justice is for victims. Victims are persons to whom actual harm has been done by way of fraud, theft, bodily harm, murder, and suchlike. A person with a serious disease or handicap isn’t a victim, nor is a person with a drinking or drug problem.

Justice is a dish best served hot, so that would-be criminals can connect the dots between crime and punishment. Swift and sure punishment is the best deterrent of crime. Capital punishment is the ultimate deterrent because an executed killer can’t kill again.

Peace is the result of preparedness for war; lack of preparedness invites war.

The list isn’t exhaustive, but it’s certainly representative. The themes are few and simple: respect others, respect tradition, restrict government to the defense of society from predators foreign and domestic. The result is liberty: A regime of mutually beneficial coexistence based on mutual trust and respect. That’s all it takes — not big government bent on dictating new norms just because it can.

But by pecking away at social norms that underlie mutual trust and respect, “liberals” have sundered the fabric of civilization. There is among Americans the greatest degree of mutual enmity (dressed up as political polarization) since the Civil War.

The mutual enmity isn’t just political. It’s also racial, and it shows up as crime. Heather Mac Donald says “Yes, the Ferguson Effect Is Real,” and Paul Mirengoff shows that “Violent Crime Jumped in 2015.” I got to the root of the problem in “Crime Revisited,” to which I’ve added “Amen to That” and “Double Amen.” What is the root of the problem? A certain, violence-prone racial minority, of course, and also under-incarceration (see “Crime Revisited”).

The Ferguson Effect is a good example of where the slippery slope of free-speech absolutism leads. More examples are found in the violent protests in the wake of Donald Trump’s electoral victory. The right “peaceably to assemble, and to petition the Government for a redress of grievances” has become the right to assemble a mob, disrupt the lives of others, destroy the property of others, injure and kill others, and (usually) suffer no consequences for doing so — if you are a leftist or a member of one of the groups patronized by the left, that is.

THE REVERSE SLIPPERY-SLOPE

But that’s not the end of it. There’s a reverse slippery-slope effect when it comes to ideas opposed by the left. There are, for example, speech codes at government-run universities; hate-crime laws, which effectively punish speech that offends a patronized group; and penalties in some States for opposing same-sex “marriage” (a recent example is documented here).

Justice Kennedy’s egregious majority opinion in Obergefell v.Hodges lays the groundwork for more suppression. This is from Chief Justice Roberts’s dissent (references omitted):

Respect for sincere religious conviction has led voters and legislators in every State that has adopted same-sex marriage democratically to include accommodations for religious practice. The majority’s decision imposing same-sex marriage cannot, of course, create any such accommodations. The majority graciously suggests that religious believers may continue to “advocate” and “teach” their views of marriage. The First Amendment guarantees, however, the freedom to “exercise” religion.Ominously, that is not a word the majority uses.

Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage—when, for example, a religious college provides married student housing only to opposite-sex married couples, or a religious adoption agency declines to place children with same-sex married couples. Indeed, the Solicitor General candidly acknowledged that the tax exemptions of some religious institutions would be in question if they opposed same-sex marriage. There is little doubt that these and similar questions will soon be before this Court. Unfortunately, people of faith can take no comfort in the treatment they receive from the majority today.

Perhaps the most discouraging aspect of today’s decision is the extent to which the majority feels compelled to sully those on the other side of the debate. The majority offers a cursory assurance that it does not intend to disparage people who, as a matter of conscience, cannot accept same-sex marriage. That disclaimer is hard to square with the very next sentence, in which the majority explains that “the necessary consequence” of laws codifying the traditional definition of marriage is to “demea[n]or stigmatiz[e]” same-sex couples. The majority reiterates such characterizations over and over. By the majority’s account, Americans who did nothing more than follow the understanding of marriage that has existed for our entire history—in particular, the tens of millions of people who voted to reaffirm their States’ enduring definition of marriage—have acted to “lock . . . out,” “disparage,”“disrespect and subordinate,” and inflict “[d]ignitary wounds” upon their gay and lesbian neighbors. These apparent assaults on the character of fairminded people will have an effect, in society and in court. Moreover, they are entirely gratuitous. It is one thing for the majority to conclude that the Constitution protects a right to same-sex marriage; it is something else to portray everyone who does not share the majority’s “better informed understanding” as bigoted.

Justice Alito, in his dissent, foresees that the majority opinion

will be used to vilify Americans who are unwilling to assent to the new orthodoxy. In the course of its opinion,the majority compares traditional marriage laws to laws that denied equal treatment for African-Americans and women. The implications of this analogy will be exploited by those who are determined to stamp out every vestige of dissent.

Perhaps recognizing how its reasoning may be used, the majority attempts, toward the end of its opinion, to reassure those who oppose same-sex marriage that their rights of conscience will be protected. We will soon see whether this proves to be true. I assume that those who cling to old beliefs will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public, they will risk being labeled as bigots and treated as such by governments, employers, and schools.

I expect Roberts and Alito to be proved right unless the election of Donald Trump soon results in a conservative majority on the Court, that is, the replacement of Kennedy or one of his allies in Obergefell v. Hodges.

In sum, there is no longer such a thing as the kind of freedom of speech intended by the Framers of the Constitution. There is on the one hand license for “speech” that subverts and flouts civilizing social norms — the norms that underlie liberty. There is on the other hand a growing tendency to suppress speech that supports civilizing social norms.

A WAR BY ANY OTHER NAME

What I have just described is a key component of the left’s continuing and relentless effort to reshape the world to its liking. Leftists don’t care about the licentious consequences of free-speech absolutism because they’re insulated from those consequences (or so they believe). Their motto should be “I’m all right, Jack.”

But leftists do care about making government big and all-powerful, so that it can enact the programs and policies they favor. To that end, leftists seek to suppress political dissent and to subvert voluntary cooperative behavior, which is found not only in evolved social norms but also in free markets. The people must be brought to heel at the command of big brother, who knows best.

It is war, in other words, and more than a culture war. It’s a war between the enemies of liberty and those who want liberty, not license. The problem is that too many of those who want liberty don’t know that there is a war. For one thing, those who want liberty aren’t necessarily self-described libertarians; rather, they’re traditional conservatives (Burkean libertarians) who, by nature, are attuned to beneficial cooperation, not ideological conflict. For another thing, many of those who want liberty have been brainwashed into believing that leftists also want liberty but are misguided about how to attain it.

It may be too late to pull victory from the jaws of defeat. But while there is still freedom to challenge the enemies of liberty there is still hope for the restoration of constitutional governance.

I would return to first principles. The United States was reconstituted in 1788 when the Constitution was ratified. As stated in the preamble to the Constitution, one of the purposes for reconstituting the nation was to “secure the Blessings of Liberty to ourselves and our Posterity.”

Why, then, should the government of the United States tolerate the promulgation of anti-libertarian views? It is evident that in practice the free-speech slippery slope really leads away from liberty not toward it. I’m referring not just to riotous, licentious behavior that flouts civilizing norms and undermines them. I’m also referring to something much deeper and more subversive than that: the toleration of speech that has turned the Constitution on its head by converting the central government from a miserly, non-interfering night watchman to a partisan, micro-managing nanny with deep pockets into which almost everyone is allowed to dip.

This means, at a minimum, and end to free-speech absolutism, which has become a license for two-percent tyranny and the destruction of civilizing social norms. It also means taking a hard line with respect to advocates of big, intrusive government. It will be a cold day in hell before there is a president and a Congress and a Supreme Court who consistently and concertedly take a hard line — and carry it into action. Donald Trump is preferable to Hillary Clinton, but he is a far cry from Ronald Reagan, let alone Calvin Coolidge (my favorite president). The Republican majorities in Congress are infested with special pleaders who will log-roll until the cows come home. The Supreme Court will continue to be the Kennedy Court until Trump is able to replace Kennedy or one of the leftists with whom he allies increasingly often — assuming that Trump will stay true to his word about the conservative character of his nominees.

In sum, there’s no prospect of quick or certain victory in the war to restore constitutional governance to Washington and liberty to the land.

THE LONG WAR AHEAD

Conservatives must be prepared for and committed to a long war, with the aim of changing the character of the institutions that — in addition to family — hold the most sway over the minds of future leaders and the voters who will select those leaders: public schools, universities, and the media.

The long war will be a war to transform fundamentally the prevailing ethos of a nation that has sunk gradually into decadence and despotism. (Barack Obama’s “fundamental transformation” was nothing more than the proverbial frosting on the proverbial cake.) How does one even begin to wage such a war?

I would begin by following a key maxim of war-fighting: concentration of force. Roll up one enemy unit at a time instead of attacking on a broad front. As each enemy unit falls, the rest become relatively weaker by having fewer friendly units to call on for support.

Imagine, for example, a conservative takeover of several major universities,* which might be abetted by a concentrated campaign by conservative trustees with the support of friendly forces within the universities, and a few sympathetic media outlets, all backed by a loud and sustained chorus of supportive reporting, commentary, and outright propaganda emanating from the blogosphere. University administrators, as we have seen, are especially sensitive to changes in the prevailing direction of opinion, especially if that opinion is fomented within universities. Thus, if one major university were to move sharply in a conservative direction, it would take less effort to move a second one, even less effort to move a third one, and so on.

With universities falling into line, it would be a fairly simple task to remake the face of public education. It is universities, after all, which are mainly responsible for the left-wing indoctrination that most public-school teachers and administrators have been spreading throughout most of the land for many decades. It wouldn’t take a generation for the new, conservative disposition to spread. It would spread almost like wildfire for the same reasons that it would spread rapidly among universities: the desire to be “on the right side of history,” no matter what side it is. It would become more or less permanent, however, as new waves of students leave the universities that have converted to conservatism and begin to spread its gospel in public schools.

The conversion of the media would proceed in parallel with the conversion of public schools. It would be a self-inflicted conversion, born of the desire to please an audience that is becoming more and more conservative. The act of pleasing that audience would, in turn, result in the dissemination of stories with a conservative slant, which would help to speed the conversion of the as-yet unconverted members of the audience.

As for how to arrange a conservative takeover of a major university, I would begin with those few that have shown themselves ripe for conversion. Perhaps it’s one of the 27 universities that is a rated a “green-light institution” by the Foundation for Individual Rights in Education (FIRE). The University of Chicago is a recent and prominent addition to that list.

Wherever the campaign begins, it should begin with a university whose trustees, sources of income, faculty, and current ideological balance make it ready to be pushed into the ranks of conservative institutions. Perhaps it would be a matter of electing a few more conservative trustees, with the help of a major donation from a conservative source. Perhaps a key department could be moved to the conservative side of the ledger by the hiring of a few faculty members. Perhaps the university needs only a slight push to become a leader in the refutation of speech codes, “safe spaces,” “trigger warnings,” and in the open embrace of conservative speakers and movements.

The devil is in the details, and I’m not conversant enough with the state of any university to suggest how or where to begin the campaign. But begin it must — and soon, before it’s too late to reverse the incoming tide of leftist regimentation of all aspects of our lives.
__________
* A takeover is better than a startup. A takeover not only means that there’s one less “enemy” to fight, but it also means that some “enemy” forces have been converted to friendly ones, which sets a precedent for more takeovers. Fox News Channel is a case in point. Its creation didn’t reduce the number of left-wing outlets. And the growth of FNC’s market share at the expense of left-wing outlets (mainly CNN) merely tapped into a ready market for a somewhat conservative outlet; it didn’t create that market. Further, FNC isn’t “serious” in the way that a university is, and so its slant is more easily dismissed as propaganda than would be the emanations from a major university.

Intelligence, Assortative Mating, and Social Engineering

UPDATED 11/18/16 (AT THE END)

What is intelligence? Why does it matter in “real life”? Are intelligence-driven “real life” outcomes — disparities in education and income — driving Americans apart? In particular, is the intermarriage of smart, educated professionals giving rise to a new hereditary class whose members have nothing in common with less-intelligent, poorly educated Americans, who will fall farther and farther behind economically? And if so, what should be done about it, if anything?

INTELLIGENCE AND WHY IT MATTERS IN “REAL LIFE”

Thanks to a post at Dr. James Thompson’s blog, Psychological comments, I found Dr. Linda Gottredson‘s paper, “Why g Matters: The Complexity of Everyday Life” (Intelligence 24:1, 79-132, 1997). The g factor — or just plain g — is general intelligence. I quote Gottredson’s article at length because it makes several key points about intelligence and why it matters in “real life.” For ease of reading, I’ve skipped over the many citations and supporting tables than lend authority to the article.

[W]hy does g have such pervasive practical utility? For example, why is a higher level of g a substantial advantage in carpentry, managing people, and navigating vehicles of all kinds? And, very importantly, why do those advantages vary in the ways they do? Why is g more helpful in repairing trucks than in driving them for a living? Or more for doing well in school than staying out of trouble?…

Also, can we presume that similar activities in other venues might be similarly affected by intelligence? For example, if differences in intelligence change the odds of effectively managing and motivating people on the job, do they also change the odds of successfully dealing with one’s own children? If so, why, and how much?

The heart of the argument I develop here is this: For practical purposes, g is the ability to deal with cognitive complexity — in particular, with complex information processing. All tasks in life involve some complexity, that is, some information processing. Life tasks, like job duties, vary greatly in their complexity (g loadedness). This means that the advantages of higher g are large in some situations and small in others, but probably never zero….

Although researchers disagree on how they define intelligence, there is virtual unanimity that it reflects the ability to reason, solve problems, think abstractly, and acquire knowledge. Intelligence is not the amount of information people know, but their ability to recognize, acquire, organize, update, select, and apply it effectively. In educational contexts, these complex mental behaviors are referred to as higher order thinking skills.

Stated at a more molecular level, g is the ability to mentally manipulate information — “to fill a gap, turn something over in one’s mind, make comparisons, transform the input to arrive at the output”….

[T]he active ingredient in test items seems to reside in their complexity. Any kind of item content-words, numbers, figures, pictures, symbols, blocks, mazes, and so on-can be used to create less to more g-loaded tests and test items. Differences in g loading seem to arise from variations in items’ cognitive complexity and thus the amount of mental manipulation they require….

Life is replete with uncertainty, change, confusion, and misinformation, sometimes minor and at times massive. From birth to death, life continually requires us to master abstractions, solve problems, draw inferences, and make judgments on the basis of inadequate information. Such demands may be especially intense in school, but they hardly cease when one walks out the school door. A close look at job duties in the workplace shows why….

When job analysis data for any large set of jobs are factor analyzed, they always reveal the major distinction among jobs to be the mental complexity of the work they require workers to perform. Arvey’s job analysis is particularly informative in showing that job complexity is quintessentially a demand for g….

Not surprisingly, jobs high in overall complexity require more education, .86 and .88, training, .76 and .51, and experience, .62 — and are viewed as the most prestigious, . 82. These correlations have sometimes been cited in support of the training hypothesis discussed earlier, namely, that sufficient training can render differences in g moot.

However, prior training and experience in a job never fully prepare workers for all contingencies. This is especially so for complex jobs, partly because they require workers to continually update job knowledge, .85. As already suggested, complex tasks often involve not only the appropriate application of old knowledge, but also the quick apprehension and use of new information in changing environments….

Many of the duties that correlate highly with overall job complexity suffuse our lives: advising, planning, negotiating, persuading, supervising others, to name just a few….

The National Adult Literacy Survey (NALS) of 26,000 persons aged 16 and older is one in a series of national literacy assessments developed by the Educational Testing Service (ETS) for the U.S. Department of Education. It is a direct descendent, both conceptually and methodologically, of the National Assessment of Educational Progress (NAEP) studies of reading among school-aged children and literacy among adults aged 21 to 25.

NALS, like its NAEP predecessors, is extremely valuable in understanding the complexity of everyday life and the advantages that higher g provides. In particular, NALS provides estimates of the proportion of adults who are able to perform everyday tasks of different complexity levels….

A look at the items in Figure 2 reveals their general relevance to social life. These are not obscure skills or bits of knowledge whose value is limited to academic pursuits. They are skills needed to carry out routine transactions with banks, social welfare agencies, restaurants, the post office, and credit card agencies; to understand contrasting views on public issues (fuel efficiency, parental involvement in schools); and to comprehend the events of the day (sports stories, trends in oil exports) and one’s personal options (welfare benefits, discount for early payment of bills, relative merits between two credit cards)….

[A]lthough the NALS items represent skills that are valuable in themselves, they are merely samples from broad domains of such skill. As already suggested, scores on the NALS reflect people’s more general ability (the latent trait) to master on a routine basis skills of different information-processing complexity….

[I]ndeed, the five levels of NALS literacy are associated with very different odds of economic well-being….

Each higher level of proficiency substantially improves the odds of economic well-being, generally halving the percentage living in poverty and doubling the percentage employed in the professions or management….

The effects of intelligence-like other psychological traits-are probabilistic, not deterministic. Higher intelligence improves the odds of success in school and work. It is an advantage, not a guarantee. Many other things matter.

However, the odds disfavor low-IQ people just about everywhere they turn. The differences in odds are relatively small in some aspects of life (law-abidingness), moderate in some (income), and large in others (educational, occupational attainment). But they are consistent. At a minimum (say, under conditions of simple tasks and equal prior knowledge), higher levels of intelligence act like the small percentage (2.7%) favoring the house in roulette at Monte Carlo — it yields enormous gains over the long run. Similarly, all of us make stupid mistakes from time to time, but higher intelligence helps protect us from accumulating a long, debilitating record of them.

To mitigate unfavorable odds attributable to low IQ, an individual must have some equally pervasive compensatory advantage-family wealth, winning personality, enormous resolve, strength of character, an advocate or benefactor, and the like. Such compensatory advantages may frequently soften but probably never eliminate the cumulative impact of low IQ. Conversely, high IQ acts like a cushion against some of life’s adverse circumstances, perhaps partly accounting for
why some children are more resilient than others in the face of deprivation and abuse….

For the top 5% of the population (over IQ 125), success is really “yours to lose.” These people meet the minimum intelligence requirements of all occupations, are highly sought after for their extreme trainability, and have a relatively easy time with the normal cognitive demands of life. Their jobs are often high pressure, emotionally draining, and socially demanding …, but these jobs are prestigious and generally pay well. Although very high IQ individuals share many of the vicissitudes of life, such as divorce, illness, and occasional unemployment, they rarely become trapped in poverty or social pathology. They may be saints or sinners, healthy or unhealthy, content or emotionally troubled. They may or may not work hard and apply their talents to get ahead, and some will fail miserably. But their lot in life and their prospects for living comfortably are comparatively rosy.

There are, of course, multiple causes of different social and economic outcomes in life. However, g seems to be at the center of the causal nexus for many. Indeed, g is more important than social class background in predicting whether White adults obtain college degrees, live in poverty, are unemployed, go on welfare temporarily, divorce, bear children out of wedlock, and commit crimes.

There are many other valued human traits besides g, but none seems to affect individuals’ life chances so systematically and so powerfully in modern life as does g. To the extent that one is concerned about inequality in life chances, one must be concerned about differences in g….

Society has become more complex-and g loaded-as we have entered the information age and postindustrial economy. Major reports on the U.S. schools, workforce, and economy routinely argue, in particular, that the complexity of work is rising.

Where the old industrial economy rewarded mass production of standardized products for large markets, the new postindustrial economy rewards the timely customization and delivery of high-quality, convenient products for increasingly specialized markets. Where the old economy broke work into narrow, routinized, and closely supervised tasks, the new economy increasingly requires workers to work in cross-functional teams, gather information, make decisions, and undertake diverse, changing, and challenging sets of tasks in a fast-changing and dynamic global market….

Such reports emphasize that the new workplace puts a premium on higher order thinking, learning, and information-processing skills — in other words, on intelligence. Gone are the many simple farm and factory jobs where a strong back and willing disposition were sufficient to sustain a respected livelihood, regardless of IQ. Fading too is the need for highly developed perceptual-motor skills, which were once critical for operating and monitoring machines, as technology advances.

Daily life also seems to have become considerably more complex. For instance, we now have a largely moneyless economy-checkbooks, credit cards, and charge accounts-that requires more abstract thought, foresight, and complex management. More self-service, whether in banks or hardware stores, throws individuals back onto their own capabilities. We struggle today with a truly vast array of continually evolving complexities: the changing welter of social services across diverse, large bureaucracies; increasing options for health insurance, cable, and phone service; the steady flow of debate over health hazards in our food and environment; the maze of transportation systems and schedules; the mushrooming array of over-the-counter medicines in the typical drugstore; new technologies (computers) and forms of communication (cyberspace) for home as well as office.

Brighter individuals, families, and communities will be better able to capitalize on the new opportunities this increased complexity brings. The least bright will use them less effectively, if at all, and so fail to reap in comparable measure any benefits they offer. There is evidence that increasing proportions of individuals with below-average IQs are having trouble adapting to our increasingly complex modern life and that social inequality along IQ lines is increasing.

CHARLES MURRAY AND FISHTOWN VS. BELMONT

At the end of the last sentence, Gottfredson refers to Richard J. Herrnstein and Charles Murray’s The Bell Curve: Intelligence and Class Structure in American Life (1994). In a later book, Coming Apart: The State of White America, 1960-2010 (2012), Murray tackles the issue of social (and economic) inequality. Kay S. Hymowitz summarizes Murray’s thesis:

According to Murray, the last 50 years have seen the emergence of a “new upper class.” By this he means something quite different from the 1 percent that makes the Occupy Wall Streeters shake their pitchforks. He refers, rather, to the cognitive elite that he and his coauthor Richard Herrnstein warned about in The Bell Curve. This elite is blessed with diplomas from top colleges and with jobs that allow them to afford homes in Nassau County, New York and Fairfax County, Virginia. They’ve earned these things not through trust funds, Murray explains, but because of the high IQs that the postindustrial economy so richly rewards.

Murray creates a fictional town, Belmont, to illustrate the demographics and culture of the new upper class. Belmont looks nothing like the well-heeled but corrupt, godless enclave of the populist imagination. On the contrary: the top 20 percent of citizens in income and education exemplify the core founding virtues Murray defines as industriousness, honesty, marriage, and religious observance….

The American virtues are not doing so well in Fishtown, Murray’s fictional working-class counterpart to Belmont. In fact, Fishtown is home to a “new lower class” whose lifestyle resembles The Wire more than Roseanne. Murray uncovers a five-fold increase in the percentage of white male workers on disability insurance since 1960, a tripling of prime-age men out of the labor force—almost all with a high school degree or less—and a doubling in the percentage of Fishtown men working less than full-time…..

Most disastrous for Fishtown residents has been the collapse of the family, which Murray believes is now “approaching a point of no return.” For a while after the 1960s, the working class hung on to its traditional ways. That changed dramatically by the 1990s. Today, under 50 percent of Fishtown 30- to 49-year-olds are married; in Belmont, the number is 84 percent. About a third of Fishtowners of that age are divorced, compared with 10 percent of Belmonters. Murray estimates that 45 percent of Fishtown babies are born to unmarried mothers, versus 6 to 8 percent of those in Belmont.

And so it follows: Fishtown kids are far less likely to be living with their two biological parents. One survey of mothers who turned 40 in the late nineties and early 2000s suggests the number to be only about 30 percent in Fishtown. In Belmont? Ninety percent—yes, ninety—were living with both mother and father….

For all their degrees, the upper class in Belmont is pretty ignorant about what’s happening in places like Fishtown. In the past, though the well-to-do had bigger houses and servants, they lived in towns and neighborhoods close to the working class and shared many of their habits and values. Most had never gone to college, and even if they had, they probably married someone who hadn’t. Today’s upper class, on the other hand, has segregated itself into tony ghettos where they can go to Pilates classes with their own kind. They marry each other and pool their incomes so that they can move to “Superzips”—the highest percentiles in income and education, where their children will grow up knowing only kids like themselves and go to college with kids who grew up the same way.

In short, America has become a segregated, caste society, with a born elite and an equally hereditary underclass. A libertarian, Murray believes these facts add up to an argument for limited government. The welfare state has sapped America’s civic energy in places like Fishtown, leaving a population of disengaged, untrusting slackers….

But might Murray lay the groundwork for fatalism of a different sort? “The reason that upper-middle-class children dominate the population of elite schools,” he writes, “is that the parents of the upper-middle class now produce a disproportionate number of the smartest children.” Murray doesn’t pursue this logic to its next step, and no wonder. If rich, smart people marry other smart people and produce smart children, then it follows that the poor marry—or rather, reproduce with—the less intelligent and produce less intelligent children. [“White Blight,” City Journal, January 25, 2012]

In the last sentence of that quotation, Hymowitz alludes to assortative mating.

ADDING 2 AND 2 TO GET ?

So intelligence is real; it’s not confined to “book learning”; it has a strong influence on one’s education, work, and income (i.e., class); and because of those things it leads to assortative mating, which (on balance) reinforces class differences. Or so the story goes.

But assortative mating is nothing new. What might be new, or more prevalent than in the past, is a greater tendency for intermarriage within the smart-educated-professional class instead of across class lines, and for the smart-educated-professional class to live in “enclaves” with their like, and to produce (generally) bright children who’ll (mostly) follow the lead of their parents.

How great are those tendencies? And in any event, so what? Is there a potential social problem that will  have to be dealt with by government because it poses a severe threat to the nation’s political stability or economic well-being? Or is it just a step in the voluntary social evolution of the United States — perhaps even a beneficial one?

Is there a growing tendency toward intermarriage among the smart-educated-professional class? It depends on how you look at it. Here, for example, are excerpts of commentaries about a paper by Jeremy Greenwood et al., “Marry Your Like: Assortative Mating and Income Inequality” (American Economic Review, 104:5, 348-53, May 2014 — also published as NBER Working Paper 19289):

[T]he abstract is this:

Has there been an increase in positive assortative mating? Does assortative mating contribute to household income inequality? Data from the United States Census Bureau suggests there has been a rise in assortative mating. Additionally, assortative mating affects household income inequality. In particular, if matching in 2005 between husbands and wives had been random, instead of the pattern observed in the data, then the Gini coefficient would have fallen from the observed 0.43 to 0.34, so that income inequality would be smaller. Thus, assortative mating is important for income inequality. The high level of married female labor-force participation in 2005 is important for this result.

That is quite a significant effect. [Tyler Cowen, “Assortative Mating and Income Inequality,” Marginal Revolution, January 27, 2014]

__________

The wage gap between highly and barely educated workers has grown, but that could in theory have been offset by the fact that more women now go to college and get good jobs. Had spouses chosen each other at random, many well-paid women would have married ill-paid men and vice versa. Workers would have become more unequal, but households would not. With such “random” matching, the authors estimate that the Gini co-efficient, which is zero at total equality and one at total inequality, would have remained roughly unchanged, at 0.33 in 1960 and 0.34 in 2005.

But in reality the highly educated increasingly married each other. In 1960 25% of men with university degrees married women with degrees; in 2005, 48% did. As a result, the Gini rose from 0.34 in 1960 to 0.43 in 2005.

Assortative mating is hardly mysterious. People with similar education tend to work in similar places and often find each other attractive. On top of this, the economic incentive to marry your peers has increased. A woman with a graduate degree whose husband dropped out of high school in 1960 could still enjoy household income 40% above the national average; by 2005, such a couple would earn 8% below it. In 1960 a household composed of two people with graduate degrees earned 76% above the average; by 2005, they earned 119% more. Women have far more choices than before, and that is one reason why inequality will be hard to reverse. [The Economist, “Sex, Brains, and Inequality,” February 8, 2014]

__________

I’d offer a few caveats:

  • Comparing observed GINI with a hypothetical world in which marriage patterns are completely random is a bit misleading. Marriage patterns weren’t random in 1960 either, and the past popularity of “Cinderella marriages” is more myth than reality. In fact, if you look at the red diagonals [in the accompanying figures], you’ll notice that assortative mating has actually increased only modestly since 1960.
  • So why bother with a comparison to a random counterfactual? That’s a little complicated, but the authors mainly use it to figure out why 1960 is so different from 2005. As it turns out, they conclude that rising income inequality isn’t really due to a rise in assortative mating per se. It’s mostly due to the simple fact that more women work outside the home these days. After all, who a man marries doesn’t affect his household income much if his wife doesn’t have an outside job. But when women with college degrees all started working, it caused a big increase in upper class household incomes regardless of whether assortative mating had increased.
  • This can get to sound like a broken record, but whenever you think about rising income inequality, you always need to keep in mind that over the past three decades it’s mostly been a phenomenon of the top one percent. It’s unlikely that either assortative mating or the rise of working women has had a huge impact at those income levels, and therefore it probably hasn’t had a huge impact on increasing income inequality either. (However, that’s an empirical question. I might be wrong about it.)

[Kevin Drum, “No the Decline of Cinderella Marriages Probably Hasn’t Played a Big Role in Rising Income Inequality,” Mother Jones, January 27, 2014]

In sum:

  • The rate of intermarriage at every level of education rose slightly between 1960 and 2005.
  • But the real change between 1960 and 2005 was that more and more women worked outside the home — a state of affairs that “progressives” applaud. It is that change which has led to a greater disparity between the household incomes of poorly educated couples and those of highly educated couples. (Hereinafter, I omit the “sneer quotes” around “progressives,” “progressive,” and “Progressivism,” but only to eliminate clutter.)
  • While that was going on, the measure of inequality in the incomes of individuals didn’t change. (Go to “In Which We’re Vindicated. Again,” Political Calculations, January 28, 2014, and scroll down to the figure titled “GINI Ratios for U.S. Households, Families, and Individuals, 1947-2010.”)
  • Further, as Kevin Drum notes, the rise in income inequality probably has almost nothing to do with a rise in the rate of assortative mating and much to do with the much higher incomes commanded by executives, athletes, entrepreneurs, financiers, and “techies” — a development that shouldn’t bother anyone, even though it does bother a lot of people. (See my post “Mass (Economic) Hysteria: Income Inequality and Related Themes,” and follow the many links therein to other posts of mine and to the long list of related readings.)

Moreover, intergenerational mobility in the United States hasn’t changed in the past several decades:

Our analysis of new administrative records on income shows that children entering the labor market today have the same chances of moving up in the income distribution relative to their parents as children born in the 1970s. Putting together our results with evidence from Hertz (2007) and Lee and Solon (2009) that intergenerational elasticities of income did not change significantly between the 1950 and 1970 birth cohorts, we conclude that rank-based measures of social mobility have remained remarkably stable over the second half of the twentieth century in the United States….

The lack of a trend in intergenerational mobility contrasts with the increase in income inequality in recent decades. This contrast may be surprising given the well-known negative correlation between inequality and mobility across countries (Corak 2013). Based on this “Great Gatsby curve,” Krueger (2012) predicted that recent increases in inequality would increase the intergenerational persistence of income by 20% in the U.S. One explanation for why this prediction was not borne out is that much of the increase in inequality has been driven by the extreme upper tail (Piketty and Saez 2003, U.S. Census Bureau 2013). In [Chetty et al. 2014, we show that there is little or no correlation between mobility and extreme upper tail inequality – as measured e.g. by top 1% income shares – both across countries and across areas within the U.S….

The stability of intergenerational mobility is perhaps more surprising in light of evidence that socio-economic gaps in early indicators of success such as test scores (Reardon 2011), parental inputs (Ramey and Ramey 2010), and social connectedness (Putnam, Frederick, and Snellman 2012) have grown over time. Indeed, based on such evidence, Putnam, Frederick, and Snellman predicted that the “adolescents of the 1990s and 2000s are yet to show up in standard studies of intergenerational mobility, but the fact that working class youth are relatively more disconnected from social institutions, and increasingly so, suggests that mobility is poised to plunge dramatically.” An important question for future research is why such a plunge in mobility has not occurred. [Raj Chetty et al., “Is the United States Still a Land of Opportunity? Recent Trends in Intergenerational Mobility,” NBER Working Paper 19844, January 2014]

Figure 3 of the paper by Chetty et al. nails it down:

chetty-et-al-figure-3

The results for ages 29-30 are close to the results for age 26.

What does it all mean? For one thing, it means that the children of top-quintile parents reach the top quintile about 30 percent of the time. For another thing, it means that, unsurprisingly, the children of top-quintile parents reach the top quintile more often than children of second-quintile parents, who reach the top quintile more often than children of third-quintile parents, and so on.

There is nevertheless a growing, quasi-hereditary, smart-educated-professional-affluent class. It’s almost a sure thing, given the rise of the two-professional marriage, and given the correlation between the intelligence of parents and that of their children, which may be as high as 0.8. However, as a fraction of the total population, membership in the new class won’t grow as fast as membership in the “lower” classes because birth rates are inversely related to income.

And the new class probably will be isolated from the “lower” classes. Most members of the new class work and live where their interactions with persons of “lower” classes are restricted to boss-subordinate and employer-employee relationships. Professionals, for the most part, work in office buildings, isolated from the machinery and practitioners of “blue collar” trades.

But the segregation of housing on class lines is nothing new. People earn more, in part, so that they can live in nicer houses in nicer neighborhoods. And the general rise in the real incomes of Americans has made it possible for persons in the higher income brackets to afford more luxurious homes in more luxurious neighborhoods than were available to their parents and grandparents. (The mansions of yore, situated on “Mansion Row,” were occupied by the relatively small number of families whose income and wealth set them widely apart from the professional class of the day.) So economic segregation is, and should be, as unsurprising as a sunrise in the east.

WHAT’S THE PROGRESSIVE SOLUTION TO THE NON-PROBLEM?

None of this will assuage progressives, who like to claim that intelligence (like race) is a social construct (while also claiming that Republicans are stupid); who believe that incomes should be more equal (theirs excepted); who believe in “diversity,” except when it comes to where most of them choose to live and school their children; and who also believe that economic mobility should be greater than it is — just because. In their superior minds, there’s an optimum income distribution and an optimum degree of economic mobility — just as there is an optimum global temperature, which must be less than the ersatz one that’s estimated by combining temperatures measured under various conditions and with various degrees of error.

The irony of it is that the self-segregated, smart-educated-professional-affluent class is increasingly progressive. Consider the changing relationship between party preference and income:

voting-vs-income
Source: K.K. Rebecca Lai et al., “How Trump Won the Election According to Exit Polls,” The New York Times, November 16, 2016.

The elections between 2004 and 2016 are indicated by the elbows in the zig-zag lines for each of the income groups. For example, among voters earning more than $200,000,  the Times estimates that almost 80 percent (+30) voted Republican in 2004, as against 45 percent in 2008, 60 percent in 2012, and just over 50 percent in 2016. Even as voters in the two lowest brackets swung toward the GOP (and Trump) between 2004 and 2016, voters in the three highest brackets were swinging toward the Democrat Party (and Clinton).

Those shifts are consistent with the longer trend among persons with bachelor’s degrees and advanced degrees toward identification with the Democrat Party. See, for example, the graphs showing relationships between party affiliation and level of education at “Party Identification Trends, 1992-2014” (Pew Research Center, April 7, 2015). The smart-educated-professional-affluent class consists almost entirely of persons with bachelor’s and advanced degrees.

So I ask progressives, given that you have met the new class and it is you, what do you want to do about it? Is there a social problem that might arise from greater segregation of socio-economic classes, and is it severe enough to warrant government action. Or is the real “problem” the possibility that some people — and their children and children’s children, etc. — might get ahead faster than other people — and their children and children’s children, etc.?

Do you want to apply the usual progressive remedies? Penalize success through progressive (pun intended) personal income-tax rates and the taxation of corporate income; force employers and universities to accept low-income candidates (whites included) ahead of better-qualified ones (e.g., your children) from higher-income brackets; push “diversity” in your neighborhood by expanding the kinds of low-income housing programs that helped to bring about the Great Recession; boost your local property and sales taxes by subsidizing “affordable housing,” mandating the payment of a “living wage” by the local government, and applying that mandate to contractors seeking to do business with the local government; and on and on down the list of progressive policies?

Of course you do, because you’re progressive. And you’ll support such things in the vain hope that they’ll make a difference. But not everyone shares your naive beliefs in blank slates, equal ability, and social homogenization (which you don’t believe either, but are too wedded to your progressive faith to admit). What will actually be accomplished — aside from tokenism — is social distrust and acrimony, which had a lot to do with the electoral victory of Donald J. Trump, and economic stagnation, which hurts the “little people” a lot more than it hurts the smart-educated-professional-affluent class.

Where the progressive view fails, as it usually does, is in its linear view of the world and dependence on government “solutions.” As the late Herbert Stein said, “If something cannot go on forever, it will stop.” The top 1-percent doesn’t go on forever; its membership is far more volatile than that of lower income groups. Neither do the top 10-percent or top quintile go on forever. There’s always a top 1-percent, a top 10-percent and top quintile, by definition. But the names change constantly, as the paper by Chetty et al. attests.

The solution to the pseudo-problem of economic inequality is benign neglect, which isn’t a phrase that falls lightly from the lips of progressives. For more than 80 years, a lot of Americans — and too many pundits, professors, and politicians — have been led astray by that one-off phenomenon: the Great Depression. FDR and his sycophants and their successors created and perpetuated the myth that an activist government saved America from ruin and totalitarianism. The truth of the matter is that FDR’s policies prolonged the Great Depression by several years, and ushered in soft despotism, which is just “friendly” fascism. And all of that happened at the behest of people of above-average intelligence and above-average incomes.

Progressivism is the seed-bed of eugenics, and still promotes eugenics through abortion on demand (mainly to rid the world of black babies). My beneficial version of eugenics would be the sterilization of everyone with an IQ above 125 or top-40-percent income who claims to be progressive.

WHAT IS THE REAL PROBLEM? (ADDED 11/18/16)

It’s not the rise of the smart-educated-professional-affluent class. It’s actually a problem that has nothing to do with that. It’s the problem pointed to by Charles Murray, and poignantly underlined by a blogger named Tori:

Over the summer, my little sister had a soccer tournament at Bloomsburg University, located in central Pennsylvania. The drive there was about three hours and many of the towns we drove through shocked me. The conditions of these towns were terrible. Houses were falling apart. Bars and restaurants were boarded up. Scrap metal was thrown across front lawns. White, plastic lawn chairs were out on the drooping front porches. There were no malls. No outlets. Most of these small towns did not have a Walmart, only a dollar store and a few run down thrift stores. In almost every town, there was an abandoned factory.

My father, who was driving the car, turned to me and pointed out a Trump sign stuck in a front yard, surrounded by weeds and dead grass. “This is Trump country, Tori,” He said. “These people are desperate, trapped for life in these small towns with no escape. These people are the ones voting for Trump.”

My father understood Trump’s key to success, even though it would leave the media and half of America baffled and terrified on November 9th. Trump’s presidency has sparked nationwide outrage, disbelief and fear.

And, while I commend the passion many of my fellow millennials feels towards minorities and the fervency they oppose the rhetoric they find dangerous, I do find many of their fears unfounded.  I don’t find their fears unfounded because I negate the potency of racism. Or the potency of oppression. Or the potency of hate.

I find these fears unfounded because these people groups have an army fighting for them. This army is full of celebrities, politicians, billionaires, students, journalists and passionate activists. Trust me, minorities will be fine with an army like this defending them.

And, I would argue, that these minorities aren’t the only ones who need our help. The results of Tuesday night did not expose a red shout of racism but a red shout for help….

The majority of rhetoric going around says that if you’re white, you have an inherent advantage in life. I would argue that, at least for the members of these small impoverished communities, their whiteness only harms them as it keeps their immense struggles out of the public eye.

Rural Americans suffer from a poverty rate that is 3 points higher than the poverty rate found in urban America. In Southern regions, like Appalachia, the poverty rate jumps to 8 points higher than those found in cities. One fifth of the children living in poverty live rural areas. The children in this “forgotten fifth” are more likely to live in extreme poverty and live in poverty longer than their urban counterparts. 57% of these children are white….

Lauren Gurley, a freelance journalist, wrote a piece that focuses on why politicians, namely liberal ones, have written off rural America completely. In this column she quotes Lisa Pruitt, a law professor at the University of California who focuses many of her studies on life in rural America. Pruitt argues that mainstream America ignores poverty stricken rural America because the majority of America associates rural poverty with whiteness. She attributes America’s lack of empathy towards white poverty to the fact that black poverty is attributed to institutionalized racism, while white people have no reason to be poor, unless poor choices were made….

For arguably the first time since President Kennedy in the 1950’s, Donald Trump reached out to rural America. Trump spoke out often about jobs leaving the US, which has been felt deeply by those living in the more rural parts of the country. Trump campaigned in rural areas, while Clinton mostly campaigned in cities. Even if you do not believe Trump will follow through on his promises, he was still one of the few politicians who focused his vision on rural communities and said “I see you, I hear you and I want to help you.”

Trump was the “change” candidate of the 2016 election. Whether Trump proposed a good change or bad change is up to you, but it can’t be denied that Trump offered change. Hillary Clinton, on the other hand, was the establishment candidate. She ran as an extension of Obama and, even though this appealed to the majority of voters located in cities, those in the country were looking for something else. Obama’s policies did little to help  alleviate the many ailments felt by those in rural communities. In response, these voters came out for the candidate who offered to “make America great again.”

I believe that this is why rural, white communities voted for Trump in droves. I do not believe it was purely racism. I believe it is because no one has listened to these communities’ cries for help. The media and our politicians focus on the poverty and deprivation found in cities and, while bringing these issues to light is immensely important, we have neglected another group of people who are suffering. It is not right to brush off all of these rural counties with words like “deplorable” and not look into why they might have voted for Trump with such desperation.

It was not a racist who voted for Trump, but a father who has no possible way of providing a steady income for his family. It was not a misogynist who voted for Trump, but a mother who is feeding her baby mountain dew out of a bottle. It was not a deplorable who voted for Trump, but a young man who has no possibility of getting out of a small town that is steadily growing smaller.

The people America has forgotten about are the ones who voted for Donald Trump. It does not matter if you agree with Trump. It does not matter if you believe that these people voted for a candidate who won’t actually help them. What matters is that the red electoral college map was a scream for help, and we’re screaming racist so loud we don’t hear them. Hatred didn’t elect Donald Trump; People did. [“Hate Didn’t Elect Donald Trump; People Did,” Tori’s Thought Bubble, November 12, 2016]

Wise words. The best way to help the people of whom Tori writes — the people of Charles Murray’s Fishtown — is to ignore the smart-educated-professional-affluent class. It’s a non-problem, as discussed above. The best way to help the forgotten people of America is to unleash the latent economic power of the United States by removing the dead hand of government from the economy.

 

Economically Liberal, Socially Conservative

A provocative piece by Samuel Gregg, “Markets, Catholicism, and Libertarianism” (Public Discourse, October 24, 2016) reminds me of an idea for a post that flitted through my aging brain a while back. Gregg writes:

In a recent American Prospect article, John Gehring maintains that Catholics like myself who regard markets as the most optimal set of economic conditions are effectively promoting libertarian philosophy. Gehring’s concerns about libertarianism and what he calls “free market orthodoxy” have been echoed in other places.

The generic argument seems to be the following. Promoting market approaches to economic life involves buying into libertarian ideology. . . .

What [Gregg and other] critics seem to miss is that a favorable assessment of markets and market economics need not be premised on acceptance of libertarianism in any of its many forms. . . .

Libertarianism’s great strength lies in economics. Prominent twentieth-century libertarian economists, such as Ludwig von Mises and Friedrich von Hayek, made major contributions to the critique of socialist economics.. . . .

Philosophically speaking, Mises associated himself, especially in Human Action (1949), with Epicureanism and utilitarianism. Hayek’s views were more complicated. While his Law, Legislation and Liberty (1973/1976/1979) rejected Benthamite utilitarianism, Hayek embraced a type of indirect-rule utilitarianism in works such as The Constitution of Liberty (1960). He also articulated progress-for-the-sake-of-progress arguments and social evolutionist positions heavily shaped by David Hume’s writings.

Such philosophical views are characteristic of many self-described libertarians. . . .

None of the above-noted contributions to economics by Mises and Hayek are, however, dependent upon any of their libertarian philosophical commitments.

That’s exactly right. The great insight of libertarian economics is that people acting freely and cooperatively through markets will do the best job of producing goods and services that match consumers’ wants. Yes, there’s lack of information, asymmetrical information, buyer’s remorse, and (supposed) externalities (which do find their way into prices). But the modern “solution” to such problems is one-size-fits-all regulation, which simply locks in the preferences of regulators and market incumbents, and freezes out (or makes very expensive) the real solutions that are found through innovation, entrepreneurship, and competition.

Social conservatism is like the market liberalism of libertarian economics. Behavior is channeled in cooperative, mutually beneficial, and voluntary ways by the institutions of civil society: family, church, club, community, and — yes — commerce. It is channeled by social norms that have evolved from eons of voluntary social intercourse. Those norms are the bedrock and “glue” of civilization. Government is needed only as the arbiter of last resort, acting on behalf of civil society as the neutral enforcer of social norms of the highest order: prohibitions of murder, rape, theft, fraud, and not much else. Civil society, if left alone, would deal adequately with lesser transgressions through inculcation and disapprobation (up to and including ostracism). When government imposes norms that haven’t arisen from eons of trial-and-error it undermines civil society and vitiates the civilizing influence of social norms.

The common denominator of market liberalism and social conservatism is that both are based on real-world behavior. Trial and error yields information that free actors are able to exploit for their betterment and (intended or not) the betterment of others.

Related posts:
Pseudo-Libertarian Sophistry vs. True Libertarianism
More Pseudo-Libertarianism
More about Conservative Governance
Burkean Libertarianism
True Libertarianism, One More Time
Why Conservatism Works
Liberty and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Parsing Political Philosophy (II)
Modern Liberalism as Wishful Thinking
Romanticizing the State
Governmental Perversity
Libertarianism and the State
“Liberalism” and Personal Responsibility
My View of Libertarianism
More About Social Norms and Liberty
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Another Look at Political Labels
Individualism, Society, and Liberty
Social Justice vs. Liberty

My Platform

A voting guide published in my local newspaper asks seven questions of the presidential candidates. I list them below, with the answers that I would give were I a candidate for the presidency of the United States.

Question 1: What is your personal statement?

I am sick and tired of the nanny state, which is centered in Washington DC and extends into almost every city, town, and village in America.

Question 2: What are your top three goals?

Economic and social liberty for all Americans; protection of the lives, liberty, and property of innocent Americans; defense of Americans’ legitimate overseas interests.

Question 3: What will you do to support a vibrant economy across the U.S.?

I will send legislative proposals to Congress that will deregulate the economy; eliminate the death tax and corporate income taxes; reduce the central government to its essential and legitimate functions (mainly national defense), and cut taxes accordingly; and phase out all unconstitutional federal programs (which is most of them), beginning with Social Security, Medicare, and Medicaid. I will revoke all executive-branch policies that are contrary to the program spelled out in the preceding sentence.

Question 4: What, if any, actions will you support to create a pathway to citizenship?

I will ask Congress to deter illegal immigration by eliminating welfare programs that attract it; to provide the manpower and technical means to prevent, detect, and prosecute illegal immigration; and to establish more stringent citizenship requirements, including demonstrated proficiency in English. I will revoke all executive-branch policies that are contrary to the program spelled out in the preceding sentence.

Question 5: What should government do to provide an equitable, quality public education for all children pre-K through grade 12?

The central government should have no role in the funding of education or in the making of policies related to it. I will make one exception, for liberty’s sake, which is to propose an amendment to the Constitution that would require every State (and therefore the subordinate jurisdictions in every State) to allow parents to choose the schools to which they send their children, and to give vouchers to parents who choose private schools. The value of each State’s voucher would be the average cost of educating a child in grades K-12 in that State. (It would be up to each State to decide how to recover the shares owed by local jurisdictions.)

Question 6: What actions would you support the U.S. undertake to protect its interests abroad?

In view of the rising Russian and Chinese threats to Americans’ overseas interests — and the persistent threat posed by terrorist organizations — I will ask Congress to rebuild the nation’s armed forces, at least to the levels attained as a result of President Reagan’s buildup; to provide for the acquisition of superior, all-source intelligence capabilities; to support a robust research and development program for defense and intelligence systems; and to provide the funding needed to fully man our armed forces with well-trained personnel, and to keep the forces in a high state of readiness for sustained combat operations.

Regarding the use of armed forces, I will act immediately and vigorously to defend Americans’ legitimate overseas interests, which include international commerce around the globe, and to protect resources that directly affect international commerce (e.g., oil-rich regions on land and at sea). As necessary, I will seek the authorization of Congress to conduct sustained combat operations for those purposes.

I will not otherwise use or seek the approval of Congress to use the armed forces of the United States, which are maintained at great cost to Americans for the benefit of Americans. Those forces are not maintained for the purpose of defending countries that refuse to spend enough money to defend themselves, nor to “build nations” or engage in humanitarian operations that have no direct bearing on the safety of Americans or their interests. By the same token, America’s armed forces should be used to help defend nations that attempt to defend themselves and whose defeat would destabilize regions of strategic value to Americans’ interests.

Finally, I will not enter into treaties or agreements of any kind with the leaders of nations whose aim is clearly to undermine Americans’ legitimate economic interests. To that end, I will renounce Barack Obama’s agreement with Iran, his endorsement of the Paris agreement regarding so-called anthropogenic global warming, and all other agreements detrimental to the interests of Americans.

I will further ask to Congress to direct by law that the United States withdraw from the United Nations, which serves mainly as a showplace for regimes hostile to Americans’ constitutional ideals and interests. The U.N. will be given two years in which to remove all of its offices and personnel from the United States. I expect the U.N. to become overtly hostile to the United States when this country has withdrawn from it, but those member states who provoke and finance hostile acts on the part of the U.N. will be held to account, and will not be able to hide behind the false front of the United Nations.

Question 7: What kinds of policies will you pursue to promote social and racial justice for all Americans?

I will nominate judges and executive-branch officials who are demonstrably faithful to the Constitution of the United States, as its various portions were understood when they were ratified or modified through Article V amendments. This will mean the reversal of many judicial and executive actions that are contrary to the moral traditions that underlie the greatness of America, and which have been contravened arbitrarily to serve narrow interests and misguided ideologies. I am especially eager to defend life against those who seek to destroy and defile it, and to see that there is truly “equal protection of the law” by restoring freedom of speech and association where they have been suppressed in the name of equal protection.

Social and moral issues such as same-sex marriage should be decided by the States, and preferably by the people themselves, through the peaceful and voluntary evolution and operation of social norms. Such issues are outside the constitutional purview of the central government.

Human Rights and Animal Rights

I’ve said plenty about my view of rights, as you’ll see if you follow the links to the posts listed at the bottom of this one. In summary, rights are

  • duties toward other persons, not innate essences (whether spiritual or evolutionary)
  • social constructs, derived from eons of social intercourse
  • roughly similar across many cultures (especially Western ones) because of the innate similarity of human beings and the continuity of acculturation.

To be clear, I’m referring to fundamental, negative rights about which there is broad social (if not legal) agreement. Negative rights include the right not to be

  • murdered or physically injured on purpose — as opposed to being punished for a crime; killed or harmed by a person who is defending others, himself, or his property; self-defense, or killed or injured in a war
  • psychologically taunted in a way that is meant to be harmful — as opposed to being challenged by “uncomfortable” ideas or put in a stressful situation that is meant to test one’s mettle or build one’s character
  • forced into servitude or its functional equivalent (e.g., imprisonment), except as punishment for a crime
  • victimized by theft or fraud
  • libeled or slandered.

Positive rights (e.g., the “right” to tax-funded subsidies of various kinds, the “right” to preferment in hiring and university admissions) are rights in name only because they lack the voluntary provenance of a negative right. Positive rights are fiat rights, imposed by executive, legislative, or judicial action. That there is considerable support for some positive rights doesn’t negate their non-voluntary nature. It’s true that in some close-knit groups there are voluntary positive rights, such as the right to charity. But such rights usually don’t extend to persons outside the close-knit group in the way that negative rights do.

Positive rights can’t be conferred without the imposition of involuntary costs (taxes, preferential treatment) on large portions of the populace. In other words, positive rights are privileges accorded some persons (at the expense of others). Negative rights, by contrast, are reciprocal and do not impose costs on anyone. (It’s true that in a large polity the defense of negative rights requires the maintenance of police, courts, and armed forces. But that seems to be a consequence of the size of the polity and not the nature of negative rights.)

I could refer to negative rights as “natural rights” because they arise naturally from the coexistence of human beings in socially and culturally bound groups. But I have long rejected the term “natural rights” because it carries the connotation that such rights are of mysterious origin, perhaps even a supernatural one. So I will call them customary rights.

What about animals? They don’t have rights — other than legally manufactured ones — because they’re not participants in the social and cultural milieu from which customary rights arise. Rights, as I’ve explained, represent a bargain (usually tacit) among human beings about the conditions of their coexistence. Animals — even those closest to human beings in their intellectual prowess — simply aren’t part of that bargain and (I believe) are incapable of being part of it.

To the extent that animals have rights, they are manufactured by human beings and then conferred on animals, much as the positive right to an income subsidy is conferred on those who receive it. This isn’t to say that some animal rights aren’t widely and voluntarily recognized. Freedom from torture is one such right. But the animals who are spared from torture aren’t parties to the social tradition from which the right arose.

This leads to the following questions: What fiat rights, if any, should animals have? Who should devise and enforce such rights? How should violators be treated?

I won’t address those questions here. I’ll simply note that aside from a few points on which empathic persons (that is, almost everyone) will agree (e.g., animals shouldn’t be tortured), there’s a wide range of views about the proper treatment of animals. For example, the most humane treatment is (generally) accorded those animals that are most like human beings (i.e., the other great apes) or which are most often kept as pets. The treatment accorded other animals depends on their perceived utility to human beings and their perceived degree of sentience. (Bugs are low on the totem-pole of rights.)

Only a relatively small number of extremists will insist on according animals something like the customary rights of human beings. Take the right not to be killed. Should that right apply even to a poisonous snake or a pesky and potentially pestilential insect? An extremist who answers yes is probably the kind of person who says that it’s always wrong to kill another human being, even in self-defense, but who also favors abortion on demand. The cause of “animal rights” is a mania — impervious to facts and logic — much like the cause of combating so-called anthropogenic global warming (see this post and the many readings and posts listed at the bottom).

In any event, animals don’t have customary rights that arise naturally among (most) groupings of human beings. Animals enjoy fiat rights, to the extent that they enjoy any rights at all. “Animal rights” zealots aren’t the kind of people who should have a say in the scope and application of those rights.

Related posts:
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
“Natural Rights” and Consequentialism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
Evolution, Human Nature, and “Natural Rights”
Positive Liberty vs. Liberty
The Golden Rule as Beneficial Learning
Rights: Source, Applicability, How Held
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
The Futile Search for “Natural Rights”
More About Social Norms and Liberty
Social Justice vs. Liberty

Does Liberty Still Have a Fighting Chance?

Lawrence W. Reed, president of the Foundation for Economic Education, uses FEE’s website to argue that “Liberty Still Has a Fighting Chance“:

So here we are now, decades into the very egalitarian welfare state Tocqueville warned would be the death of American exceptionalism. It threatens to make us like all the other forgettable welfare states that languish in history’s dustbins, Greece included. Should we just assume it’s inevitable and go along for the ride? Or should we muster the character that built a nation and that Tocqueville identified as quintessentially American?

If you’re pessimistic, then you’re no longer part of the solution. You’ve become part of the problem. What chance does liberty have if its supposed friends desert it in its hour of need or speak ill of its prospects?

Ask yourselves, What good purpose could a defeatist attitude possibly promote? Will it make me work harder for the causes I know are right? Is there anything about liberty that an election or events in Congress disprove? If I exude a pessimistic demeanor, will it help attract newcomers to the ideas I believe in? Is this the first time in history that believers in liberty have lost some battles? If we simply throw in the towel, will that enhance the prospects for future victories? Do we turn back just because the hill we have to climb got a little steeper?

This is not the time to abandon time-honored principles. I can’t speak for you, but someday, I want to go to my reward and be able to look back and say, “I never gave up. I never became part of the problem I tried to solve. I never gave the other side the luxury of winning anything without a rigorous, intellectual contest. I never missed an opportunity to do my best for what I believed in, and it never mattered what the odds or the obstacles were. I did my part.”

Remember that we stand on the shoulders of many people who came before us and who persevered through far darker times. The American patriots who shed their blood and suffered through unspeakable hardships as they took on the world’s most powerful nation in 1776 are certainly among them. But I am also thinking of the brave men and women behind the Iron Curtain who resisted the greatest tyranny of the modern age and won. I think of those like Hayek and Mises who kept the flame of liberty flickering in the 1940s. I think of the heroes like William Wilberforce and Thomas Clarkson who fought to end slavery and literally changed the conscience and character of Britain in the face of the most daunting of disadvantages. And I think of the Scots who, 456 years before the Declaration of Independence, put their lives on the line to repel English invaders with these thrilling words: “It is not for honor or glory or wealth that we fight, but for freedom alone, which no good man gives up except with his life.”

As I think about what some of those great men and women faced, the obstacles before us today seem rather puny.

This is a moment when our true character, the stuff we’re really made of, will show itself. If we retreat, that would tell me we were never really worthy of the battle in the first place. But if we resolve to let these challenging times build our character and rally our dispirited friends to new levels of dedication, we will look back on this occasion someday with pride at how we handled it. Have you called a friend yet today to explain to him or her why liberty should be a top priority?

Nobody ever promised that liberty would be easy to attain or simple to keep. The world has always been full of greedy thieves and thugs, narcissistic power seekers, snake-oil charlatans, unprincipled ne’er-do-wells, and arrogant busybodies. No true friend of liberty should just roll over and play dead for any of them.

Take an inventory every day of what you’re doing for liberty. Get more involved in the fight. There are plenty of things you can do. If your state isn’t a right-to-work state, work to make it so. Support people and organizations like the Foundation for Economic Education that are teaching young people about the importance of liberty and character. Get behind the Compact for America and its plan for a balanced federal budget and an end to reckless spending and debt. Work for school choice in your state to help break the government monopoly on education. And be the very best example for liberty and character that you can possibly be in everything you do.

Whatever you do, don’t give up no matter what. Remember these words of the great US Supreme Court justice George Sutherland: “The saddest epitaph which can be carved in memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time.”

Can Tocqueville’s American exceptionalism be restored? Can it last? You bet it can. The American Dream still lives, in the hearts of those who love liberty and refuse to meekly surrender it. So let’s wipe the frowns off our faces and get to work. Our future, our children’s future — liberty’s future — all depend on us.

This is nothing more than a platitudinous pep talk, delivered to a team that’s trailing by 12 touchdowns at half-time. Reed offers no actionable advice that will truly make a difference. Joining and supporting fringe groups won’t dim the promise of big government, which is to deliver seemingly free benefits to a broad, interlocking coalition of well-financed, media-backed, vote-rich interest groups. Reed is whistling in the dark.

I’m not being a defeatist. I’m being a realist. Liberty can be restored only when liberty-lovers get realistic about what it will take to restore it — and then act accordingly. What will it take? See “Independence Day 2016: The Way Ahead.”

What about the kinds of resistance counseled by Reed? Well, they might slow or even temporarily halt America’s descent into grim, impoverished, regimented statism. But they won’t prevent it. Only drastic action will do that.

Related, realistic posts about the state of America:
The Interest-Group Paradox
Rethinking the Constitution: “Freedom of Speech, and of the Press”
Well-Founded Pessimism
America: Past, Present, and Future
The Barbarians Within and the State of the Union
“We the People” and Big Government
The Culture War
The Fall and Rise of American Empire
O Tempora O Mores!
Democracy, Human Nature, and the Future of America
1963: The Year Zero
Society
How Democracy Works
“Cheerful” Thoughts
How Government Subverts Social Norms
Turning Points
The Twilight’s Last Gleaming?

Utilitarianism vs. Liberty (II)

Utilitarianism is an empty concept. And it’s 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.)

That’s enough about utilitarianism for now. Turning to liberty, I have defined it 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 “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.