conservatism

Not-So-Random Thoughts (XXI)

An occasional survey of web material that’s related to subjects about which I’ve posted. Links to the other posts in this series may be found at “Favorite Posts,” just below the list of topics.

Fred Reed, in a perceptive post worth reading in its entirety, says this:

Democracy works better the smaller the group practicing it. In a town, people can actually understand the questions of the day. They know what matters to them. Do we build a new school, or expand the existing one? Do we want our children to recite the pledge of allegiance, or don’t we? Reenact the Battle of Antietam? Sing Christmas carols in the town square? We can decide these things. Leave us alone….

Then came the vast empire, the phenomenal increase in the power and reach of the federal government, which really means the Northeast Corridor. The Supreme Court expanded and expanded and expanded the authority of Washington, New York’s store-front operation. The federals now decided what could be taught in the schools, what religious practices could be permitted, what standards employers could use in hiring, who they had to hire. The media coalesced into a small number of corporations, controlled from New York but with national reach….

Tyranny comes easily when those seeking it need only corrupt a single Congress, appoint a single Supreme Court, or control the departments of one executive branch. In a confederation of largely self-governing states, those hungry to domineer would have to suborn fifty congresses. It could not be done. State governments are accessible to the governed. They can be ejected. They are much more likely to be sympathetic to the desires of their constituents since they are of the same culture.

Tyranny is often justified by invoking “the will of the people”, but as I say here:

It is a logical and factual error to apply the collective “we” to Americans, except when referring generally to the citizens of the United States. Other instances of “we” (e.g., “we” won World War II, “we” elected Barack Obama) are fatuous and presumptuous. In the first instance, only a small fraction of Americans still living had a hand in the winning of World War II. In the second instance, Barack Obama was elected by amassing the votes of fewer than 25 percent of the number of Americans living in 2008 and 2012. “We the People” — that stirring phrase from the Constitution’s preamble — was never more hollow than it is today.

Further, the logical and factual error supports the unwarranted view that the growth of government somehow reflects a “national will” or consensus of Americans. Thus, appearances to the contrary (e.g., the adoption and expansion of national “social insurance” schemes, the proliferation of cabinet departments, the growth of the administrative state) a sizable fraction of Americans (perhaps a majority) did not want government to grow to its present size and degree of intrusiveness. And a sizable fraction (perhaps a majority) would still prefer that it shrink in both dimensions. In fact, The growth of government is an artifact of formal and informal arrangements that, in effect, flout the wishes of many (most?) Americans. The growth of government was not and is not the will of “we Americans,” “Americans on the whole,” “Americans in the aggregate,” or any other mythical consensus.


I am pleased to note that my prognosis for Trump’s presidency (as of December 2016) was prescient:

Based on his appointments to date — with the possible exception of Steve Bannon [now gone from the White House] — he seems to be taking a solidly conservative line. He isn’t building a government of bomb-throwers, but rather a government of staunch conservatives who, taken together, have a good chance at rebuilding America’s status in the world while dismantling much of Obama’s egregious “legacy”….

Will Donald Trump be a perfect president, if perfection is measured by adherence to the Constitution? Probably not, but who has been? It now seems likely, however, that Trump will be a far less fascistic president than Barack Obama has been and Hillary Clinton would have been. He will certainly be far less fascistic than the academic thought-police, whose demise cannot come too soon for the sake of liberty.

In sum, Trump’s emerging agenda seems to resemble my own decidedly conservative one.

But anti-Trump hysteria continues unabated, even among so-called conservatives. David Gelertner writes:

Some conservatives have the impression that, by showing off their anti-Trump hostility, they will get the networks and the New York Times to like them. It doesn’t work like that. Although the right reads the left, the left rarely reads the right. Why should it, when the left owns American culture? Nearly every university, newspaper, TV network, Hollywood studio, publisher, education school and museum in the nation. The left wrapped up the culture war two generations ago. Throughout my own adult lifetime, the right has never made one significant move against the liberal culture machine.

David Brooks of The New York Times is one of the (so-called) conservatives who shows off his anti-Trump hostility. Here he is writing about Trump and tribalism:

The Trump story is that good honest Americans are being screwed by aliens. Regular Americans are being oppressed by a snobbish elite that rigs the game in its favor. White Americans are being invaded by immigrants who take their wealth and divide their culture. Normal Americans are threatened by an Islamic radicalism that murders their children.

This is a tribal story. The tribe needs a strong warrior in a hostile world. We need to build walls to keep out illegals, erect barriers to hold off foreign threats, wage endless war on the globalist elites.

Somebody is going to have to arise to point out that this is a deeply wrong and un-American story. The whole point of America is that we are not a tribe. We are a universal nation, founded on universal principles, attracting talented people from across the globe, active across the world on behalf of all people who seek democracy and dignity.

I am unaware that Mr. Trump has anything against talented people. But he rightly has a lot against adding to the welfare rolls and allowing jihadists into the country. As for tribalism — that bugbear of “enlightened” people — here’s where I stand:

There’s a world of difference between these three things:

  1. hating persons who are different because they’re different
  2. fearing persons of a certain type because that type is highly correlated with danger
  3. preferring the company and comfort of persons with whom one has things in common, such as religion, customs, language, moral beliefs, and political preferences.

Number 1 is a symptom of bigotry, of which racism is a subset. Number 2 is a sign of prudence. Number 3 is a symptom of tribalism.

Liberals, who like to accuse others of racism and bigotry, tend to be strong tribalists — as are most people, the world around. Being tribal doesn’t make a person a racist or a bigot, that is, hateful toward persons of a different type. It’s natural (for most people) to trust and help those who live nearest them or are most like them, in customs, religion, language, etc. Persons of different colors and ethnicities usually have different customs, religions, and languages (e.g., black English isn’t General American English), so it’s unsurprising that there’s a tribal gap between most blacks and whites, most Latinos and whites, most Latinos and blacks, and so on.

Tribalism has deep evolutionary-psychological roots in mutual aid and mutual defense. The idea that tribalism can be erased by sitting in a circle, holding hands, and singing Kumbaya — or the equivalent in social-diplomatic posturing — is as fatuous as the idea that all human beings enter this world with blank minds and equal potential. Saying that tribalism is wrong is like saying that breathing and thinking are wrong. It’s a fact of life that can’t be undone without undoing the bonds of mutual trust and respect that are the backbone of a civilized society.

If tribalism is wrong, then most blacks, Latinos, members of other racial and ethnic groups, and liberals are guilty of wrong-doing.

None of this seems to have occurred to Our Miss Brooks (a cultural reference that may be lost on younger readers). But “liberals” — and Brooks is one of them — just don’t get sovereignty.


While we’re on the subject of immigration, consider a study of the effect of immigration on the wages of unskilled workers, which is touted by Timothy Taylor. According to Taylor, the study adduces evidence that

in areas with high levels of low-skill immigration, local firms shift their production processes in a way that uses more low-skilled labor–thus increasing the demand for such labor. In addition, immigrant low-skilled labor has tended to focus on manual tasks, which has enabled native-born low-skilled labor to shift to nonmanual low-skilled tasks, which often pay better.

It’s magical. An influx of non-native low-skilled laborers allows native-born low-skilled laborers to shift to better-paying jobs. If they could have had those better-paying jobs, why didn’t they take them in the first place?

More reasonably, Rick Moran writes about a

Federation for American Immigration Reform report [which] reveals that illegal aliens are costing the U.S. taxpayer $135 billion.  That cost includes medical care, education, and law enforcement expenses.

That’s a good argument against untrammeled immigration (legal or illegal). There are plenty more. See, for example, the entry headed “The High Cost of Untrammeled Immigration” at this post.


There’s a fatuous argument that a massive influx of illegal immigrants wouldn’t cause the rate of crime to rise. I’ve disposed of that argument with one of my own, which is supported by numbers. I’ve also dealt with crime in many other posts, including this one, where I say this (and a lot more):

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….

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.

How real is the Ferguson effect? Jazz Shaw writes about the rising rate of violent crime:

We’ve already looked at a couple of items from the latest FBI crime report and some of the dark news revealed within. But when you match up some of their numbers with recent historical facts, even more trends become evident. As the Daily Caller reports this week, one disturbing trend can be found by matching up locations recording rising murder rates with the homes of of widespread riots and anti-police protests.

As we discussed when looking at the rising murder and violent crime rates, the increases are not homogeneous across the country. Much of the spike in those figures is being driven by the shockingly higher murder numbers in a dozen or so cities. What some analysts are now doing is matching up those hot spots with the locations of the aforementioned anti-police protests. The result? The Ferguson Effect is almost undoubtedly real….

Looking at the areas with steep increases in murder rates … , the dots pretty much connect themselves. It starts with the crime spikes in St. Louis, Baltimore and Chicago. Who is associated with those cities? Michael Brown, Freddie Gray and Laquan McDonald. The first two cities experienced actual riots. While Chicago didn’t get quite that far out of hand, there were weeks of protests and regular disruptions. The next thing they have in common is the local and federal response. Each area, rather than thanking their police for fighting an increasingly dangerous gang violence situation with limited resources, saw municipal leaders chastising the police for being “too aggressive” or using similar language. Then the federal government, under Barack Obama and his two Attorney Generals piled on, demanding long term reviews of the police forces in those cities with mandates to clean up the police departments.

Small wonder that under such circumstances, the cops tended to back off considerably from proactive policing, as Heather McDonald describes it. Tired of being blamed for problems and not wanting to risk a lawsuit or criminal charges for doing their jobs, cops became more cautious about when they would get out of the patrol vehicle at times. And the criminals clearly noticed, becoming more brazen.

The result of such a trend is what we’re seeing in the FBI report. Crime, which had been on the retreat since the crackdown which started in the nineties, is back on the rise.


It is well known that there is a strong, negative relationship between intelligence and crime; that is, crime is more prevalent among persons of low intelligence. This link has an obvious racial dimension. There’s the link between race and crime, and there’s the link between race and intelligence. It’s easy to connect the dots. Unless you’re a “liberal”, of course.

I was reminded of the latter link by two recent posts. One is a reissue by Jared Taylor, which is well worth a re-read, or a first read if it’s new to you. The other, by James Thompson, examines an issue that I took up here, namely the connection between geography and intelligence. Thompson’s essay is more comprehensive than mine. He writes:

[R]esearchers have usually looked at latitude as an indicator of geographic influences. Distance from the Equator is a good predictor of outcomes. Can one do better than this, and include other relevant measures to get a best-fit between human types and their regions of origin?… [T]he work to be considered below…. seeks to create a typology of biomes which may be related to intelligence.

(A biome is “a community of plants and animals that have common characteristics for the environment they exist in. They can be found over a range of continents. Biomes are distinct biological communities that have formed in response to a shared physical climate.”)

Thompson discusses and quotes from the work (slides here), and ends with this:

In summary, the argument that geography affects the development of humans and their civilizations need not be a bone of contention between hereditarian and environmentalist perspectives, so long as environmentalists are willing to agree that long-term habitation in a particular biome could lead to evolutionary changes over generations.

Environment affects heredity, which then (eventually) embodies environmental effects.


Returning to economics, about which I’ve written little of late, I note a post by Scott Winship, in which he addresses the declining labor-force participation rate:

Obama’s Council of Economic Advisers (CEA) makes the argument that the decline in prime-age male labor is a demand-side issue that ought to be addressed through stimulative infrastructure spending, subsidized jobs, wage insurance, and generous safety-net programs. If the CEA is mistaken, however, then these expensive policies may be ineffective or even counterproductive.

The CEA is mistaken—the evidence suggests there has been no significant drop in demand, but rather a change in the labor supply driven by declining interest in work relative to other options.

  • There are several problems with the assumptions and measurements that the CEA uses to build its case for a demand-side explanation for the rise in inactive prime-age men.
  • In spite of conventional wisdom, the prospect for high-wage work for prime-age men has not declined much over time, and may even have improved.
  • Measures of discouraged workers, nonworkers marginally attached to the workforce, part-time workers who wish to work full-time, and prime-age men who have lost their job involuntarily have not risen over time.
  • The health status of prime-age men has not declined over time.
  • More Social Security Disability Insurance claims are being filed for difficult-to-assess conditions than previously.
  • Most inactive men live in households where someone receives government benefits that help to lessen the cost of inactivity.

Or, as I put it here, there is

the lure of incentives to refrain from work, namely, extended unemployment benefits, the relaxation of welfare rules, the aggressive distribution of food stamps, and “free” healthcare” for an expanded Medicaid enrollment base and 20-somethings who live in their parents’ basements.


An additional incentive — if adopted in the U.S. — would be a universal basic income (UBI) or basic income guarantee (BIG), which even some libertarians tout, in the naive belief that it would replace other forms of welfare. A recent post by Alberto Mingardi reminded me of UBI/BIG, and invoked Friedrich Hayek — as “libertarian” proponents of UBI/BIG are wont to do. I’ve had my say (here and here, for example). Here’s I said when I last wrote about it:

The Basic Income Guarantee (BIG), also known as Universal Basic Income (UBI), is the latest fool’s gold of “libertarian” thought. John Cochrane devotes too much time and blog space to the criticism and tweaking of the idea. David Henderson cuts to the chase by pointing out that even a “modest” BIG — $10,000 per adult American per year — would result in “a huge increase in federal spending, a huge increase in tax rates, and a huge increase in the deadweight loss from taxes.”

Aside from the fact that BIG would be a taxpayer-funded welfare program — to which I generally object — it would necessarily add to the already heavy burden on taxpayers, even though it is touted as a substitute for many (all?) extant welfare programs. The problem is that the various programs are aimed at specific recipients (e.g., women with dependent children, families with earned incomes below a certain level). As soon as a specific but “modest” proposal is seriously floated in Congress, various welfare constituencies will find that proposal wanting because their “entitlements” would shrink. A BIG bill would pass muster only if it allowed certain welfare programs to continue, in addition to BIG, or if the value of BIG were raised to a level that such that no welfare constituency would be a “loser.”

In sum, regardless of the aims of its proponents — who, ironically, tend to call themselves libertarians — BIG would lead to higher welfare spending and more enrollees in the welfare state.


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Disposition and Ideology

In two recent posts (here and here), I’ve drawn a line (perhaps a fuzzy one) between disposition and ideology. I claim that conservatism is first of all a disposition, that is, a temperament or tendency. By contrast, such “isms” as libertarianism, modern (statist) “liberalism”, straight-out socialism (undisguised as “liberalism”), and faux conservatism are ideologies, that is, doctrines or beliefs — though often inchoate and malleable.

An analogous and useful distinction is the one between process and outcome. Temperament is a mental process, a way of approaching politics (among other things). Ideology expresses the desired outcome(s) of the political process. Thus it is that many (most?) “conservatives” in this country are really ideologues who apply the label to themselves, even though they are not conservative by temperament.

In this post I will explore that distinction more rigorously than I have in previous posts. But first I must explain what I mean by politics. It is not just the formal politics of elections, law-making, and other governmental acts. Politics, in its broadest sense, is the means by which human beings regulate their behavior, which usually (but unnecessarily) is divided into social and economic components.

The purpose of regulating behavior — whether the regulation is explicit or implicit, imposed or voluntary — is to sustain or change the modes of human interaction, and the outcomes that derive from human interaction. Politics predates government, and it usually operates independently of government, in accordance with evolved social norms.

In the rest of this post I will address the types of political disposition and the connection between political disposition and political ideology.

MORAL FOUNDATIONS THEORY

Moral Foundations Theory is a good place to start. The Wikipedia article about Moral Foundations describes it (accurately, I believe) as

a social psychological theory intended to explain the origins of and variation in human moral reasoning on the basis of innate, modular foundations. It was first proposed by the psychologists Jonathan Haidt and Jesse Graham, building on the work of cultural anthropologist Richard Shweder; and subsequently developed by a diverse group of collaborators, and popularized in Haidt’s book The Righteous Mind.

Further:

Researchers have found that people’s sensitivities to the five moral foundations [Care/Harm, Fairness, Loyalty, Authority, and Purity] correlate with their political ideologies. Using the Moral Foundations Questionnaire, Haidt and Graham found that liberals [i.e., leftists] are most sensitive to the Care and Fairness foundations, while conservatives are equally sensitive to all five foundations.

(These seem to be solid findings. See “Robustness of Liberal-Conservative Moral Foundations Questionnaire Differences” at YourMorals.org blog.)

This does not mean that disposition and ideology are the same thing. It means only that persons of a certain disposition are likely to hold a particular ideology. Further, Haidt and Graham are wrong to characterize conservatism (properly defined) as an ideology. Granted, it has certain policy implications, but it is not an ideology.

An instrument with five dimensions can yield many different outcomes. Certainly there are persons who are neither fish nor fowl, scoring high on, say, three or four dimensions but not on all five; or scoring low on most or all dispositions.

It’s also certain that many people score high on certain dimensions because they want to give the “right” answers. Do leftists, for example, (a) really “care” or (b) do they respond as they do because (for them) “caring” justifies government intervention? The right answer is probably (b), in most cases.

(For more about Moral Foundations and my score — which conforms to my conservatism — go to “My Moral Profile” and scroll down to Moral Foundations Questionnaire.)

POLITICAL DISPOSITIONS

I posit three coherent political dispositions: anarchistic, conservative, and authoritarian. Persons of the anarchistic disposition probably score low on all five dimensions, with the possible exception of Purity. Conservatives, as noted above, tend to score high on all five dimensions, while “liberals” score high only on Care/Harm and Fairness.

That leaves the field open for the wide swath of “centrist” Americans whose dispositions are as incoherent as their stance on political issues. They are in company with legions of opportunistic politicians, who either lack a substantive disposition or submerge it for the sake of attaining political power and prestige.

Although the incoherent disposition is dominant, it is uninteresting with respect the the connection between disposition and ideology. I will therefore focus on the anarchistic, conservative, and authoritarian dispositions.

THE THREE DISPOSITIONS AND THEIR IDEOLOGICAL IMPLICATIONS

Anarchistic

The anarchistic disposition rejects authority. This disposition is rarely held, even among persons who proclaim themselves anarchists. Most self-styled anarchists really belong in the authoritarian camp. Theirs is the authoritarianism of violence.

The true anarchist is not only one by disposition but also one by ideology. That is, he believes that there should be no government of any kind. More than that, he believes that rules, including social norms, are oppressive. The true anarchist wouldn’t belong to an organization that promotes anarchy. To do so would contradict his temperament. A true anarchist would live alone, à la Unabomber, fending for himself and avoiding the encumbrances of social intercourse, paid employment, credit cards, etc.

There is nothing more to be said about the anarchistic personality because it is so rare and so withdrawn as to be an insignificant force in matters of governance.

Conservative

The conservative disposition is cautious, but not stuck in the mud. As Michael Oakeshott puts it,

a disposition to be conservative in respect of government would seem to be pre-eminently appropriate to men who have something to do and something to think about on their own account, who have a skill to practise or an intellectual fortune to make, to people whose passions do not need to be inflamed, whose desires do not need to be provoked and whose dreams of a better world need no prompting. Such people know the value of a rule which imposes orderliness without directing enterprise, a rule which concentrates duty so that room is left for delight. [“On Being Conservative” in Rationalism in Politics and Other Essays, New and Expanded Edition]

A conservative (by disposition) will respect — or at least inspect — the views of others. A conservative’s default position is to respect prevailing social norms, taking them as a guide to conduct that will yield productive social and economic collaboration. Conservatism isn’t merely a knee-jerk response to authority. It reflects an understanding, if only an intuitive one, that tradition reflects wisdom that has passed the test of time. It also reflects a preference for changing tradition — where it needs changing — from the inside out, a bit at a time, rather from the outside in. The latter kind of change is uninformed by first-hand experience and therefore likely to be counterproductive, that is, destructive of social and economic cohesion and cooperation.

The essential ingredient in conservative governance is the preservation and reinforcement of the beneficial norms that are cultivated in the voluntary institutions of civil society: family, religion, club, community (where it is close-knit), and commerce. When those institutions are allowed to flourish, much of the work of government is done without the imposition of taxes and regulations, including the enforcement of moral codes and the care of those who unable to care for themselves.

In the conservative view, government would then be limited to making and enforcing the few rules that are required to adjudicate what Oakeshott calls “collisions”. And there are always foreign and domestic predators who are beyond the effective reach of voluntary social institutions and must be dealt with by the kind of superior force wielded by government.

By thus limiting government to the roles of referee and defender of last resort, civil society is allowed to flourish, both economically and socially. Social conservatism is analogous to the market liberalism of libertarian economics. The price signals that help to organize economic production have their counterpart in the “market” for social behavior. That behavior which is seen to advance a group’s well-being is encouraged; that behavior which is seen to degrade a group’s well-being is discouraged.

If there is an ideology that comports with a conservative disposition, it should be libertarianism. But I reject the label, as do many (perhaps most) persons of conservative disposition. I reject the label because libertarianism and self-styled libertarians are too often dismissive of the wisdom and social cohesion the flows from voluntarily evolved social norms.

I have dealt with the defects of libertarian ideology at length elsewhere, as I have also explained that true libertarianism is to be found in conservatism. (See this post, for example, and follow the links therein. See also a later post, which takes up the theme.)

If there is an ideology to which I can subscribe, because it suits my conservative disposition, it is a particular branch of libertarianism known as right-minarchism. (See this post for a discussion of right-minarchism in the context of a taxonomy of political philosophies.)

Authoritarian

The authoritarian disposition has no patience for caution. The authoritarian insists on overriding social norms to fulfill his ideology.

What is that ideology? The specifics change with the winds of elite opinion. At bottom, the ideology is a belief that people must be made to behave correctly (whatever that means at the moment). There is no place for trial-and-error. “Reason” and “science” (which are really neurotic emotion and magical thinking) must be made to prevail. Thus force is the preferred instrument of the authoritarian — whether it is the force of mob rule or the force of government.

You will have guessed by now that it is leftists (“liberals“) who are usually authoritarian by temperament. This is no news to anyone who has read about “liberal” fascism. I have written much about it, from many angles. (See this, also.)

Why, then, do leftists score high on Care/Harm and Fairness? I suggested earlier that leftists “care” because “caring” justifies government intervention. By the same token, “fairness” is important to leftists, because once having defined it they can then marshal the power of the state to enforce it.

Even faux libertarians fall back on government to ensure outcomes that they define as “fair”, such as same-sex marriage.

THE LIE THAT WILL NOT DIE

I must end this post by addressing, not for the first time, the myth that conservatives are authoritarian. The source of this canard is psychological projection by leftists. One of the left’s favorite examples of a “conservative” authoritarian is Adolf Hitler. This is a risible example because Hitler was a leftist.

For much more on these points, see “Leftism“, the associated bibliography., and “Liberty in Chains“.


Normally, I would now add a list of related posts, but the list would be intolerably long. If you want to read more of what I’ve had to say about politics and personality, go to these sections of my “Favorite Posts” page:

I. The Academy, Intellectuals, and the Left

IV. The Constitution and the Rule of Law

VI. Economics: Principles and Issues

VIII. Infamous Thinkers and Political Correctness

IX. Intelligence and Psychology<

X. Libertarianism and Other Political Philosophies

XI. Politics, Politicians, and the Consequences of Government

Because I often build on earlier posts, it’s best to start with the more recent posts in each section, and work your way toward older posts.

 

“Liberalism” and Leftism

Dennis Prager, writing in “Leftism Is Not Liberalism” (Frontpage Mag, September 13, 2017), asserts that “liberalism has far more in common with conservatism than it does with leftism.” He continues:

The left has appropriated the word “liberal” so effectively that almost everyone — liberals, leftists and conservatives — thinks they are synonymous.

But they aren’t. Let’s look at some important examples.

Race…. To liberals of a generation ago, only racists believed that race is intrinsically significant. However, to the left, the notion that race is insignificant is itself racist….

Capitalism…. Liberals did often view government as able to play a bigger role in lifting people out of poverty than conservatives, but they were never opposed to capitalism, and they were never for socialism. Opposition to capitalism and advocacy of socialism are leftist values.

Nationalism…. The left has always opposed nationalism because leftism is rooted in class solidarity, not national solidarity…. Liberals always wanted to protect American sovereignty and borders….

View of America: Liberals venerated America. Watch American films from the 1930s through the 1950s and you will be watching overtly patriotic, America-celebrating films — virtually all produced, directed and acted in by liberals. Liberals well understand that America is imperfect, but they agree with a liberal icon named Abraham Lincoln that America is “the last best hope of earth.”

To the left, America is essentially a racist, sexist, violent, homophobic, xenophobic and Islamophobic country….

Free speech: The difference between the left and liberals regarding free speech is as dramatic as the difference regarding race. No one was more committed than American liberals to the famous statement “I disapprove of what you say, but I will defend to the death your right to say it.”

… [T]he left is leading the first nationwide suppression of free speech in American history — from the universities to Google to almost every other institution and place of work. It claims to only oppose hate speech. But protecting the right of person A to say what person B deems objectionable is the entire point of free speech.

Western civilization: Liberals have a deep love of Western civilization…. The most revered liberal in American history is probably former President Franklin Delano Roosevelt, who frequently cited the need to protect not just Western civilization but Christian civilization. Yet leftists unanimously denounced President Donald Trump for his speech in Warsaw, Poland, in which he spoke of protecting Western civilization. They argued not only that Western civilization is not superior to any other civilization but also that it is no more than a euphemism for white supremacy.

Judaism and Christianity: Liberals knew and appreciated the Judeo-Christian roots of American civilization. They themselves went to church or synagogue, or at the very least appreciated that most of their fellow Americans did. The contempt that the left has — and has always had — for religion (except for Islam today) is not something with which a liberal would ever have identified.

“Liberalism”, as Prager describes it is not liberalism. (More about that, below.) “Liberalism” is several steps down the slippery slope toward all-out leftist oppression. Thus:

It is “liberals” who insist that race is a social construct, and that there are no inherent differences between races. This view has had a lot to do with the creation of wasteful government programs aimed at “uplift”, and with the the theft of property rights and the demise of freedom of association ushered in by the Civil Rights Act of 1964.

Government’s destructive economic interventions were mainly instituted by “liberals”. Leftists only want to extend the destruction that “liberals” set in motion.

If “liberals” were and are so keen on freedom of speech — and by extension, freedom of inquiry and expression — how is it that research into such subjects as racial differences in intelligence, the deleterious effects of regulation, and natural explanations of climate change have been practically shut down in wide swaths of academia, that bastion of “liberalism”?

FDR was a long time ago, so he has nothing to do with the supposed love of America felt by “liberals”. Leftists are honest (if abhorrent) in their hatred of America. “Liberals” are often so apologetic about being Americans (as in the recoil from Trump’s UN speech) that it’s easy to infer that their hatred is repressed rather than non-existent. In the case of rising and affluent “liberals”, the suppressed hatred is expressed as a love of things European.

With regard to religion, Prager’s use of the past tense is especially telling. Now, “liberals” like Senator Diane Feinstein deem it perfectly appropriate to challenge nominees for high office because of their religious beliefs. “Liberals” are no different than leftists in their obeisance to the god known as the state. In their view, if religion is to be permitted it must adhere to the policies of the state rather than inform (but not dictate) those policies, as intended by the Framers of the Constitution. But the Framers were true liberals, in the old meaning of the word.

Prager has fallen into the trap of mistaking “liberalism” for liberalism, or classical liberalism as it is now called. Classical liberalism eschews government interventions, except to defend citizens against force and fraud. For its restraint, classical liberalism can be thought of as applied conservatism.

But “liberalism” is not liberalism, and therefore not at all like conservatism. “Liberalism” is nothing more than leftism in disguise, and all the more insidious for it.


Related reading: Ludwig von Mises, “Middle-of-the-Road Policy Leads to Socialism“, address delivered before the University Club of New York, April 18, 1950

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

The Dual Life of a Conservative

I suspect that many conservatives who write about politics lead two lives, as I do. One life is the life of intellectual engagement. The other life is the business of life itself: marrying, raising children, working, paying bills, taking the car in for service, buying groceries, and the thousand other things that make the years seem to roll by so quickly.

I suspect that I’m a typical conservative in that my mundane life isn’t politicized; for example:

I don’t choose the companies that I patronize because they support or oppose divestiture of Israeli bonds or oil-company stocks, unisex bathrooms, “green” energy, or any of the other causes du jour. I choose the companies I patronize because they deliver good value for the money I spend or invest there.

I certainly don’t patronize a grocery chain because of its owners’ politics. Why would I waste money at Whole Foods just because its founder, John Mackey, is supposed to be some kind of libertarian?

I didn’t send my children to private schools (of the right kind) so that they could avoid the left-wing indoctrination that prevailed in the public schools where they grew up.

I listen to music and read books composed, performed, or written by persons whose left-wing views are widely known and often evident in their works. Though I won’t tolerate outright preachiness (shut up and sing), I enjoy that which is good on its own merits and disregard the politics of those who create or present it.

I watch most of the shows presented by PBS on Masterpiece, despite the subsidies it receives directly and indirectly from the federal government. Again, it’s a matter of quality over politics. For the same reason I eschew bombastic “conservatives” like Bill O’Reilly, Sean Hannity, and Rush Limbaugh, whose shtick is as boring to me as that of any left-wing commentator.

I have absolutely no interest in the political leanings of the people I meet, and recoil when they insist on exposing their leanings (as leftists are wont to do). I take people as they come; that is, I evaluate them on the basis of their demonstrated competence, honesty, reliability, sense of humor, and likeability.

Most importantly, my marriage remains strong and happy despite the disparity between my wife’s political views and mine.

In daily life, then, my conservatism reveals itself as non-ideological and pragmatic. Non-ideological because conservatism isn’t an ideology, it’s a disposition. Pragmatic because the conservative disposition prefers the demonstrated value of a person or thing to the symbols of virtue or “correctness” which may attach to that person or thing.


Related posts:
More about Conservative Governance
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Economically Liberal, Socially Conservative
The Internet-Media-Academic Complex vs. Real Life
Rescuing Conservatism
If Men Were Angels
Death of a Nation
Leftism
Libertarianism, Conservatism, and Political Correctness

Rescuing Conservatism

In a reply to a comment about “Psychological Insights into Leftism,” I said this about an article to which the commenter linked:

[T]he writer’s obvious bias is that change is good, which is really rather a stupid thing to believe. It all depends on what the change is and what effects it will have. Second, conservatives aren’t for stability for its own sake, but because — like good scientists — they believe that the null hypothesis (the status quo) holds true until they see strong evidence to the contrary. That is, they actually rely on evidence, not emotion — and it’s unthinking emotion that often fuels leftists. The global warming scare is a perfect example of this.

Which leads me to Chris Mooney, the Discover staffer who commissioned the piece. Mooney is the author of such books as The Republican War on Science and The Republican Brain: The Science of Why They Deny Science — And Reality. There’s a whole lot of psychological projection going on there. Most anti-scientific activity these days is on the left. In addition to the over-hyped and poorly understood subject of AGW (rife with pseudo-scientific charlatanism), there’s IQ (which leftists like to disparage while claiming at the same time to be more intelligent than conservatives), the Keynesian multiplier (a mathematical con game), guns and crime (how are those strict gun-control laws working out for Chicago?), biological differences between men and women (quite real and wide-ranging), the effect of the minimum wage on unemployment (leftists like to cite the one study out of dozens that shows little or no effect), and on and on.

Later in the comment thread, I added this:

A big part of the problem here (and in general) is definitional. Leftists are statists who seek control of others in order to advance a certain agenda. But there are also right-statists, whose agenda is generally the opposite of the left-statists’ agenda. Right-statists are often wrongly called conservatives. They are not conservatives, who prefer to rely on the institutions of civil society, not the state. But the mislabeling allows leftists to get away with calling conservatives anti-scientific and emotional, when they’re really talking about their kindred spirits: right-statists.

Larry Thornberry highlights the problem of faux-conservatism in “If You Like Your Problem, You Can Keep Your Problem” (The Spectacle Blog, April 24, 2017):

The latest Wall Street Journal/NBC News poll showing Donald Trump with a falling job approval rating — 54 percent disapprove to 40 percent approve — has gotten wide print and broadcast coverage. But most of the coverage has been on how Trump’s numbers have been trending, down from February, and how he compares with previous presidents as this point in his presidency, not so very well.

Digging down to some other non-Trump-related numbers in the poll, conservatives, or anyone else who wishes to “make America great again,” will find even worse news. The poll found that 57 percent of respondents, including 28 percent of Republicans, say that government should be doing more to solve problems and help people. MORE!

I suspect that the percentage of Republicans who say “more” would be a lot higher when push comes to shove (e.g., avoiding cuts in Social Security and Medicare benefits, preserving pork-barrel spending that they perceive as beneficial to themselves). It’s also noteworthy that the percentage of all respondents who say that government should do more is the highest for 26 such polls, which date back to 1995.

Here’s a case in point, a not-unusual one I think: My late father-in-law had many admirable qualities. He was a career Air Force officer who flew combat missions in World War II and the Korean War. He was a faithful and considerate husband, a good father to his children (though not around as much as a civilian father would have been), a steadfast friend, a good neighbor, and a fount of jokes and song lyrics. He was thrifty (and thus left his widow with ample funds to see her through her old age), and he kept his yard and garden in good trim.

But after my father-in-law’s second retirement (from the job he took when he retired from the Air Force), he became increasingly outspoken about politics. He adopted the conservative mantle and identified himself as a Republican, like many an ex-Democrat Southerner. He grumbled about big government (reasonably enough), but would defend “his” Social Security benefits; denigrated toll roads (as if roads should be “free”); distrusted market outcomes, often stating that the price of something was “too high,” as if he knew what it should be; claimed repeatedly that he should receive free VA hospital care (though his income and wealth disqualified him); railed against illegal immigration while paying illegal immigrants to clean his house; and listened faithfully to Rush Limbaugh and Bill O’Reilly (a mirror image of the equally rude and blustering Chris Matthews), parroting whatever lines they were peddling at the moment, without critically evaluating their offerings.

Aside from “ordinary people” like my late father-in-law, there are “conservative” bloviators like Limbaugh, O’Reilly (whose downfall I don’t lament), and Michael Savage. If they’re truly conservative, they hide it well. Their demeanor belies their claims to conservatism.

Which is to say that true conservatism is really an unusual state of mind in America. In order to prevent the election of more leftists than are already in office, true conservatives must rely on the influence of bloviators like Limbaugh, O’Reilly, and Savage, and on the votes of faux conservatives like my late father-in-law. Further, the true conservative must often hold his nose and vote for the lesser of two evils — who, more often than not, will be a mediocrity, hypocrite, or poseur.

What, then, is true conservatism? It is first and foremost a disposition. That disposition leads to an attitude toward governance. I’ve written about this many times, but what I’ve written bears repetition. So here goes.

A key aspect of the conservative disposition, as I said earlier, is skepticism about change, but not steadfast opposition to it. At the heart of skepticism about change is respect for tradition, which, as Edward Feser explains in “Hayek and Tradition,” is

nothing other than the distillation of centuries of human experience…. Far from being opposed to reason, reason is inseparable from tradition, and blind without it. The so-called enlightened mind thrusts tradition aside, hoping to find something more solid on which to make its stand, but there is nothing else, no alternative to the hard earth of human experience, and the enlightened thinker soon finds himself in mid-air…. But then, was it ever truly a love of reason that was in the driver’s seat in the first place? Or was it, rather, a hatred of tradition? Might the latter have been the cause of the former, rather than, as the enlightened pose would have it, the other way around?)

Michael Oakeshott delves more deeply in “On Being Conservative” (Rationalism in Politics and Other Essays), from which I have quoted at length in this post and this one.  Follow the links (or buy Oakeshott’s book) if you want to read more than these suggestive passages:

[The conservative] does not suppose that the office of government is to do nothing…. [T]he office he attributes to government is to resolve some of the collisions which this variety of beliefs and activities generates; to preserve peace, not by placing an interdict upon choice and upon the diversity that springs from the exercise of preference, not by imposing substantive uniformity, but by enforcing general rules of procedure upon all subjects alike.

Government, then, as the conservative in this matter understands it, does not begin with a vision of another, different and better world, but with the observation of the self-government practised even by men of passion in the conduct of their enterprises; it begins in the informal adjustments of interests to one another which are designed to release those who are apt to collide from the mutual frustration of a collision. Sometimes these adjustments are no more than agreements between two parties to keep out of each other’s way; sometimes they are of wider application and more durable character, such as the International Rules for for the prevention of collisions at sea. In short, the intimations of government are to be found in ritual, not in religion or philososphy; in the enjoyment of orderly and peaceable behaviour, not in the search for truth or perfection….

To govern, then, as the conservative understands it, is to provide a vinculum juris for those manners of conduct which, in the circumstances, are least likely to result in a frustrating collision of interests; to provide redress and means of compensation for those who suffer from others behaving in a contrary manners; sometimes to provide punishment for those who pursue their own interests regardless of the rules; and, of course, to provide a sufficient force to maintain the authority of an arbiter of this kind. Thus, governing is recognized as a specific and limited activity; not the management of an enterprise, but the rule of those engaged in a great diversity of self-chosen enterprises. It is not concerned with concrete persons, but with activities; and with activities only in respect of their propensity to collide with one another. It is not concerned with moral right and wrong, it is not designed to make men good or even better; it is not indispensable on account of ‘the natural depravity of mankind’ but merely because of their current disposition to be extravagant; its business is to keep its subjects at peace with one another in the activities in which they have chosen to seek their happiness. And if there is any general idea entailed in this view, it is, perhaps, that a government which does not sustain the loyalty of its subjects is worthless; and that while one which (in the old puritan phrase) ‘commands the truth’ is incapable of doing so (because some of its subjects will believe its ‘truth’ to be in error), one which is indifferent to ‘truth’ and ‘error’ alike, and merely pursues peace, presents no obstacle to the necessary loyalty.

… [A]s the conservative understands it, modification of the rules should always reflect, and never impose, a change in the activities and beliefs of those who are subject to them, and should never on any occasion be so great as to destroy the ensemble…. [H]e will be suspicious of proposals for change in excess of what the situation calls for, of rulers who demand extra-ordinary powers in order to make great changes and whose utterances are tied to generalities like ‘the public good’ or social justice’, and of Saviours of Society who buckle on armour and seek dragons to slay; he will think it proper to consider the occasion of the innovation with care; in short, he will be disposed to regard politics as an activity in which a valuable set of tools is renovated from time to time and kept in trim rather than as an opportunity for perpetual re-equipment….

… The man of this [conservative] disposition understands it to be the business of a government not to inflame passion and give it new objects to feed upon, but to inject into the activities of already too passionate men an ingredient of moderation; to restrain, to deflate, to pacify and to reconcile; not to stoke the fires of desire, but to damp them down….

Political conservatism is, then, not at all unintelligible in a people disposed to be adventurous and enterprising, a people in love with change and apt to rationalise their affections in terms of ‘progress’…. Indeed, a disposition to be conservative in respect of government would seem to be pre-eminently appropriate to men who have something to do and something to think about on their own account, who have a skill to practise or an intellectual fortune to make, to people whose passions do not need to be inflamed, whose desires do not need to be provoked and whose dreams of a better world need no prompting. Such people know the value of a rule which imposes orderliness without directing enterprise, a rule which concentrates duty so that room is left for delight.

The essential ingredient in conservative governance is the preservation and reinforcement of the beneficial norms that are cultivated in the voluntary institutions of civil society: family, religion, club, community (where it is close-knit), and commerce. When those institutions are allowed to flourish, much of the work of government is done without the imposition of taxes and regulations, including the enforcement of moral codes and the care of those who unable to care for themselves.

In the conservative view, government would then be limited to making and enforcing the few rules that are required to adjudicate what Oakeshott calls “collisions.” And there are always foreign and domestic predators who are beyond the effective reach of voluntary social institutions and must be dealt with by a superior force.

By thus limiting government to the roles of referee and defender of last resort, civil society is allowed to flourish, both economically and socially. Social conservatism is analogous to the market liberalism of libertarian economics. The price signals that help to organize economic production have their counterpart in the “market” for social behavior (which really encompasses economic behavior). Behavior which is seen to advance a group’s well-being is encouraged; behavior which is seen to degrade a group’s well-being is discouraged.

Civil society is, in the main, self-policing — or it was before the Greatest Generation failed its children and the busy-bodies began seriously to destroy its bonds and usurp its tutelary, disciplinary, and charitable functions.


Related posts:
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Fighting Modernity
Defining Liberty
Conservatism as Right-Minarchism
Getting It Almost Right
The Social Animal and the “Social Contract”
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
How Libertarians Ought to Think about the Constitution
Getting Liberty Wrong
Romanticizing the State
Governmental Perversity
Libertarianism and the State
“Liberalism” and Personal Responsibility
My View of Libertarianism
No Wonder Liberty Is Disappearing
The Principles of Actionable Harm
More About Social Norms and Liberty
The War on Conservatism
Friedman on Anarchy and Conservatism
Old America, New America, and Anarchy
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Society, Polarization, and Dissent
Another Look at Political Labels
Individualism, Society, and Liberty
Utilitarianism vs. Liberty (II)
Consistent Conservatism
Economically Liberal, Socially Conservative
Why Conservatives Shouldn’t Compromise
Liberal Nostrums
The Harm Principle Revisited: Mill Conflates Society and State
Liberty and Social Norms Re-examined

Mugged by Non-Reality

A wise man said that a conservative is a liberal who has been mugged by reality. Thanks to Malcolm Pollock, I’ve just learned that a liberal is a conservative whose grasp of reality has been erased, literally.

Actually, this is unsurprising news (to me). I have pointed out many times that the various manifestations of liberalism — from stifling regulation to untrammeled immigration — arise from the cosseted beneficiaries of capitalism (e.g., pundits, politicians, academicians, students) who are far removed from the actualities of producing real things for real people. This has turned their brains into a kind of mush that is fit only for hatching unrealistic but costly schemes which rest upon a skewed vision of human nature.

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.

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.

(See also: “Toleration Extremism: Notes on John Stuart Mill“, Maverick Philosopher, January 14, 2015.)

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.

Social Justice vs. Liberty

The original position is a central feature of John Rawls’s social contract account of justice, “justice as fairness,” set forth in A Theory of Justice (TJ). It is designed to be a fair and impartial point of view that is to be adopted in our reasoning about fundamental principles of justice. In taking up this point of view, we are to imagine ourselves in the position of free and equal persons who jointly agree upon and commit themselves to principles of social and political justice. The main distinguishing feature of the original position is “the veil of ignorance”: to insure impartiality of judgment, the parties are deprived of all knowledge of their personal characteristics and social and historical circumstances. They do know of certain fundamental interests they all have, plus general facts about psychology, economics, biology, and other social and natural sciences. The parties in the original position are presented with a list of the main conceptions of justice drawn from the tradition of social and political philosophy, and are assigned the task of choosing from among these alternatives the conception of justice that best advances their interests in establishing conditions that enable them to effectively pursue their final ends and fundamental interests. Rawls contends that the most rational choice for the parties in the original position are two principles of justice: The first guarantees the equal basic rights and liberties needed to secure the fundamental interests of free and equal citizens and to pursue a wide range of conceptions of the good. The second principle provides fair equality of educational and employment opportunities enabling all to fairly compete for powers and positions of office; and it secures for all a guaranteed minimum of all-purpose means (including income and wealth) individuals need to pursue their interests and to maintain their self-respect as free and equal persons.

Samuel Freeman, “Original Position,” Stanford Encyclopedia of Philosophy,
February 27, 1999, with a substantive revision on September 9, 2014

Rawls, like many moral philosophers, presumes to judge all and sundry with his God-like mind. He uses it to fabricate abstract, ideal principles of distributive justice. Thus the real and possible world is found wanting because it fails to conform the the kind of world that’s implicit in Rawls’s principles. And thus the real and possible world must be brought into line with Rawls’s false ideal. The alignment must be performed by the state, whether or not Rawls admits it, because his principles are inconsistent with human nature and the facts of human existence.

There can’t be an original position. Human beings are already in myriad “positions,” of which they have extensive knowledge. And a large fraction of human beings wouldn’t willingly act as if they were “deprived of all knowledge of their personal characteristics and social and historical circumstances.” Why? because they wouldn’t deem it in their interest. The original position and the veil of ignorance are therefore nothing but contrivances aimed at justifying Rawls’s preferred social, political, and economic arrangements.

Further, there isn’t — and never will be — agreement as to “general facts about psychology, economics, biology, and other social and natural sciences.” For example, many of the related entries in this blog are representative of deep divisions between respectable schools of thought about such subjects as psychology, economics, evolution (as it applies to race and “natural rights”), criminology, etc. Rawls writes blithely of “general facts” because he assumes that they point to the kind of world that he envisions.

Similarly, there’s Rawls’s “list of the main conceptions of justice drawn from the tradition of social and political philosophy.” I doubt that Rawls is thinking of the conception that there is, or ought to be, an absolute rejection of any kind of social-welfare function wherein A’s gain is “acceptable” if it (somehow and by some impracticable measure) offsets B’s loss. But that position is implicit in the idea that there ought to be “a guaranteed minimum of all-purpose means (including income and wealth) individuals need to pursue their interests and to maintain their self-respect as free and equal persons.” This is nothing but cover for redistribution. Who decides how much of it is enough? Rawls? The social engineers who buy into Rawls’s conception of justice? Well, of course. But what justifies their stance? Their only real recourse is to impose their views by force, which reveals Rawls’s philosophical rationalization for what is, necessarily, a state-enforced redistributive scheme.

And who says that a person who accepts state-enforced handouts (the fruit of theft) will thereby maintain his self-respect and is a free and equal person. In fact, many recipients of state-imposed handouts are lacking in self-respect; they are not free because as wards of the state they subject themselves to its dictates; and they are equal only in an irrelevant, rhetorical sense, not in the sense that they are the equal of other persons in ability, effort, or moral character.

Rawlsian equality is an empty concept, as is the veil of ignorance. The latter is a variant of Kant’s categorical imperative: “Act only according to that maxim whereby you can, at the same time, will that it should become a universal law.” The categorical imperative is a vacuous bit of philosophical rhetoric that doesn’t get around reality: Human beings often act as if there were a “law” for everyone else, but not for themselves.

The “veil of ignorance,” according to Wikipedia (as of July 2010) requires you to

imagine that societal roles were completely re-fashioned and redistributed, and that from behind your veil of ignorance you do not know what role you will be reassigned. Only then can you truly consider the morality of an issue.

This is just another way of pretending to omniscience. Try as you might to imagine your “self” away, you can’t do it. Your position about a moral issue is your position, not that of someone else. Rawls’s position is Rawls’s position, and that of persons who like the redistributive implications of his position. But who are Rawls and his ilk to set themselves up as neutral, omniscient judges of humanity’s moral, social, and economic arrangements? Who died and made them Gods?

In the end, justice comes down to the norms by which a people abide:  They can be voluntarily evolved and enforced socially, or in part by the state (e.g., imprisonment and execution). They can devised by clever theorists (e.g., Rawls) and others with an agenda (e.g., redistribution of income and wealth, abolition of alcohol, defense of slavery), and then imposed by the state.

There is a neglected alternative, which Michael Oakeshott describes in Rationalism in Politics and Other Essays:

Government…as the conservative…understands it, does not begin with a vision of another, different and better world, but with the observation of the self-government practised even by men of passion in the conduct of their enterprises; it begins in the informal adjustments of interests to one another which are designed to release those who are apt to collide from the mutual frustration of a collision. Sometimes these adjustments are no more than agreements between two parties to keep out of each other’s way; sometimes they are of wider application and more durable character, such as the International Rules for for the prevention of collisions at sea. In short, the intimations of government are to be found in ritual, not in religion or philosophy; in the enjoyment of orderly and peaceable behaviour, not in the search for truth or perfection….

To govern, then, as the conservative understands it, is to provide a vinculum juris for those manners of conduct which, in the circumstances, are least likely to result in a frustrating collision of interests; to provide redress and means of compensation for those who suffer from others behaving in a contrary manners; sometimes to provide punishment for those who pursue their own interests regardless of the rules; and, of course, to provide a sufficient force to maintain the authority of an arbiter of this kind. Thus, governing is recognized as a specific and limited activity; not the management of an enterprise, but the rule of those engaged in a great diversity of self-chosen enterprises. It is not concerned with concrete persons, but with activities; and with activities only in respect of their propensity to collide with one another. It is not concerned with moral right and wrong, it is not designed to make men good or even better; it is not indispensable on account of ‘the natural depravity of mankind’ but merely because of their current disposition to be extravagant; its business is to keep its subjects at peace with one another in the activities in which they have chosen to seek their happiness. And if there is any general idea entailed in this view, it is, perhaps, that a government which does not sustain the loyalty of its subjects is worthless; and that while one which (in the old puritan phrase) ‘commands the truth’ is incapable of doing so (because some of its subjects will believe its ‘truth’ to be in error), one which is indifferent to ‘truth’ and ‘error’ alike, and merely pursues peace, presents no obstacle to the necessary loyalty.

…[A]s the conservative understands it, modification of the rules should always reflect, and never impose, a change in the activities and beliefs of those who are subject to them, and should never on any occasion be so great as to destroy the ensemble. Consequently, the conservative will have nothing to do with innovations designed to meet merely hypothetical situations; he will prefer to enforce a rule he has got rather than invent a new one; he will think it appropriate to delay a modification of the rules until it is clear that the change of circumstances it is designed  to reflect has come to stay for a while; he will be suspicious of proposals for change in excess of what the situation calls for, of rulers who demand extra-ordinary powers in order to make great changes and whose utterances re tied to generalities like ‘the public good’ or social justice’, and of Saviours of Society who buckle on armour and seek dragons to slay; he will think it proper to consider the occasion of the innovation with care; in short, he will be disposed to regard politics as an activity in which a valuable set of tools is renovated from time to time and kept in trim rather than as an opportunity for perpetual re-equipment.

Such was the wisdom of the much-violated and mutilated Constitution of the United States. Its promise of liberty in the real world has been dashed by the Saviours of Society — idealists like Rawls, opportunists like FDR and LBJ, and criminals like the Clintons.

*      *      *

Related posts:
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Accountants of the Soul
Rawls Meets Bentham
The Meaning of Liberty
Positive Liberty vs. Liberty
On Self-Ownership and Desert
Burkean Libertarianism
Nature Is Unfair
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
Liberty, Negative Rights, and Bleeding Hearts
Why Conservatism Works
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
Conservatism as Right-Minarchism
Getting Liberty Wrong
Romanticizing the State
More About Social Norms and Liberty
God-Like Minds
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Individualism, Society, and Liberty
Utilitarianism vs. Liberty (II)

An Addendum to Asymmetrical (Ideological) Warfare

I published “Asymmetrical (Ideological) Warfare” almost six years ago. I must say that it holds up well. In fact, I wouldn’t change a word of it. It’s fairly long, and I won’t try to summarize or excerpt it, except to repeat the opening sentence:

This post could be subtitled: “Or, why the left — Democrats and so-called liberals and progressives — enjoy a rhetorical advantage over libertarians and fiscal conservatives.”

In a few words: Leftists have the advantage of saying the kinds of things that people like to hear, especially when it comes to promising “free” stuff and visions of social perfection. There’s a lot more to it than that. Please read the whole thing.

What I didn’t say then, but will say now is that leftists have another advantage: they’re ruthless. Unlike true conservatives (not Trumpsters) and most libertarians, leftists can be ruthless, unto vicious. They pull no punches; they call people names; they skirt the law — and violate it — to get what they want (e.g., Obama’s various “executive actions”); they use the law and the media to go after their ideological opponents; and on and on.

Why the difference between leftists and true conservatives? Leftists want to rearrange the world to fit their idea of perfection. They have it all figured out, and dissent from the master plan will not be tolerated. (This is very Hitleresque and Stalinesque.) Conservatives and libertarians want people to figure out for themselves how to arrange the world within the roomy confines of simple morality (don’t cheat, don’t steal, don’t murder, etc.).

If Trump wins in November — a very big “if” — it should be an object lesson to true conservatives and libertarians. Take the gloves off and don brass knuckles. This isn’t a contest for hockey’s Lady Byng Trophy. To change the sports metaphor, we’re in the late rounds of a brutal fight, and well behind on points. It’s time to go for the knockout.

Another Look at Political Labels

Arnold Klng’s three-axis model is a good place to start:

My model of political language is that it is driven by heuristics. The standard definition of a heuristic is that it is an aid to learning or problem-solving. I think of heuristics as mental shortcuts.…

…I claim that progressives, conservatives, and libertarians each use a different heuristic. Because they use different heuristics, they speak different languages.Each heuristic sets up an axis of favorable and unfavorable. Ps [progressives] use the heuristic of the oppressed-oppressor axis. Ps 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. Cs [conservatives] use the heuristic of the civilization-barbarism axis. Cs 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. Ls [libertarians] use the heuristic of the freedom-coercion axis. Ls view most favorably those who defer to decisions that are made on the basis of personal choice and voluntary agreement, and they view most unfavorably those people who favor government interventions that restrict personal choice.

For the sake of grammatical consistency and accuracy, I would use characterize the three axes as follows:

  • Ps — privileged-underprivileged
  • Cs — civilized-barbaric
  • Ls — free-oppressed.

How Ps Think

Privilege, for Ps, implies that the possessors of certain positive attributes (high intelligence, good looks, high income, access to political power) have come by those things undeservedly, and even at the expense of those who lack them: the underprivileged. Ps believe implicitly in a state of nature wherein everyone would have equal endowments of intelligence, looks, etc., if only it weren’t for “bad luck.” Ps believe it necessary to use the power of government to alleviate (if not eliminate) unequal endowments and to elevate the “victims” of inequality.

As Kling puts it elsewhere, “Progressives tend to believe that we just need the right leaders to bring out the good that is in everyone,” as if nature were subject to the dictates of government. Thus the push for the “living wage,” “affordable housing,” “free” college education, access to the restroom of one’s choice, and the suppression of uncomfortable ideas that reflect traditional mores and morals — and the facts of life (e.g., gender isn’t “assigned,” it just is). The realization of such desiderata justifies (for Ps) the power of government to nullify and override constitutional and social norms, including property rights, freedom of speech, freedom of association, and freedom of conscience.

How Cs Think

Cs don’t view endowments (intelligence, looks, etc.) as matters of luck; they just are, and no blame attaches to anyone for his endowments or lack of them. Cs recognize “bad luck,” but only as a transitory phenomenon from which its recipients can rebound — with the voluntary help of family, friends, and other members of their (true) society — if they adhere to traditional mores and morals, that is, behave civilly.

Civility is manifested in three essential traits: respect for others (including their rightful possessions), self-reliance, and self-control. As Kling puts it elsewhere, “Conservatives tend to believe that we need traditional institutions and restraints to control the evil impulses that are in everyone.” Cs  view economic cooperation as part and parcel of social comity, which requires civility and is damaged by the divisive identity politics fostered by Ps.

Privilege, for Cs, is the status or wealth that accrues to a person who has earned it through self-reliance and self-control, while being respectful of others. That kind of privilege is earned, and it doesn’t come at the expense of others. Cs, unlike Ps, don’t view the world as a zero-sum game, in which someone’s “good luck” somehow causes “bad luck” for others. Rather, Cs view persistent “bad luck” as arising in large part from a lack of self-reliance and self-control. Such behavior, to Cs, is barbaric and shouldn’t be countenanced, let alone encouraged as it is by the unrealistic worldview of Ps.

How Ls Think

Ls are like Cs in the value that they place on respect for others, self-reliance, and self-control. But Ls are more sanguine than Cs about the distribution of those traits, and they see traditional mores and morals as unnecessarily burdensome. Ls believe that the world would be a more prosperous and happier place if people were free of the governmental restraints that deny them the full exercise of their powers. As Kling puts it elsewhere, “Libertarians tend to believe that we just need smaller government to bring out the good that is in everyone.”

Ls and Ps Compared

Most Ls and Ps adhere to traditional mores and morals themselves, but nevertheless view some of those mores and morals as oppressive. Thus abortion and same-sex “marriage” are widely favored among Ls and Ps, and drug use one of their “victimless” crimes.

Most Ls, unlike Ps, would refrain from using the power of government to adjust economic inequalities, except to remedy “crony capitalism” and perhaps to replace a host of welfare programs with a simpler income guarantee. Many Ls also favor government actions meant to attain “equality” (e.g., public-accommodation laws), even though such actions actually restrict freedom.

Ls, in other words, are selective in their abhorrence of government action. And Ls are like Ps in that they presume to know precisely how to rearrange the social and economic order to make everyone happier.

Introducing Os

Ps, Cs, and Ls — persons who actually have the somewhat coherent views sketched above — are in the vast minority of Americans. To the extent that the views of Ps, Cs, or Ls hold sway, it is because of the backing of non-philosophical citizens whose votes and influence tip the balance in favor of one philosophy or another. I will call them Others (Os).

Why Ps Usually Prevail

Ps have a great advantage over Cs and Ls when it comes to attracting supporters among the Os. There are all of the “free” goodies, of course, and the various “equality” policies that attract identity groups and people whose self-esteem is boosted by thinking and saying “nice” things.

The economic and social effects of the progressive agenda are only indirectly and slowly realized through stagnation and moral decay, and so Ps need not fear the wrath of voters for the consequences of their policies. In fact, every dire consequence of government action (e.g., economic stagnation, reduced labor-force participation, rising medical costs, higher housing costs, financial crises) is seen by Ps as a reason for yet more government action — and most of the Os go along with it.

Cs also have the disadvantage of being associated with groups who hate the groups that are privileged by Ps. The backing of such groups (e.g., “rednecks”) puts Cs on the defensive, and leads many of them to compromise with Ps in the (vain) hope of seeming “compassionate.” Calvin Coolidge was the most recent truly conservative president, and probably the last one.

Ls are just Ps who don’t offer “free” goodies. (The Ls who favor a guaranteed income are clear that it should replace other welfare programs, and despite that come under fire from other Ls — which is most of them — for their naive belief that guaranteed income wouldn’t be added to the other programs.) Further, when Ls insist that government should be smaller, they are attacking the god (or Santa Claus) so beloved by Ps and most Os. Ls, in other words, don’t stand a snowball’s chance of making a serious electoral dent.

*     *     *

Related posts:
Academic Bias
Intellectuals and Capitalism
On Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Fascism with a “Friendly” Face
Penalizing “Thought Crimes”
Democracy and Liberty
The Interest-Group Paradox
Parsing Political Philosophy
Inventing “Liberalism”
Civil Society and Homosexual “Marriage”
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Fascism and the Future of America
The Indivisibility of Economic and Social Liberty
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
The Near-Victory of Communism
Tocqueville’s Prescience
Accountants of the Soul
Rawls Meets Bentham
The Left
Asymmetrical (Ideological) Warfare
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
“Intellectuals and Society”: A Review
The Golden Rule and the State
The Left’s Agenda
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
The Left and Its Delusions
The Golden Rule as Beneficial Learning
Facets of Liberty
Burkean Libertarianism
Rights: Source, Applicability, How Held
What Is Libertarianism?
Nature Is Unfair
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
Why Conservatism Works
Liberty and Society
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
Conservatism as Right-Minarchism
The Culture War
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Modern Liberalism as Wishful Thinking
Getting Liberty Wrong
Romanticizing the State
Governmental Perversity
Libertarianism and the State
“Liberalism” and Personal Responsibility
Ruminations on the Left in America
My View of Libertarianism
No Wonder Liberty Is Disappearing
Academic Ignorance
More About Social Norms and Liberty
The Euphemism Conquers All
Superiority
The War on Conservatism
Whiners
A Dose of Reality
God-Like Minds
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
The Technocratic Illusion
Winners and Losers
Equal Protection in Principle and Practice
Society, Polarization, and Dissent

Friedman on Anarchy and Conservatism

Friedman is David D. Friedman, proprietor of Ideas and author of (among many things) The Machinery of Freedom, which is mainly a sustained argument for anarcho-capitalism. As Friedman explains in the preface,

[t]he first edition of this book was written a little over forty years ago, the second about twenty years later. In this third edition, as in the second, I have chosen to leave the original material for the most part unchanged; references in parts I-III are to the world c. 1970, in part IV to the world c. 1988….

What I have added in this edition, aside from minor stylistic changes … is in parts V and VI. Part V contains later, I hope deeper, thoughts on my earlier ideas, part VI new material.

Friedman’s attachment to anarcho-capitalism has held for almost 50 years. That’s a remarkable record of intellectual consistency. Whether it signifies the soundness of anarcho-capitalism or merely world-class stubbornness is another matter. (In the past 50 years, my own views have evolved from collegiate “liberalism” to limited-government libertarianism to Burkean conservatism.)

Before I go further, I will say that I admire and agree with Friedman’s lucid treatment of free markets and their advantages vis-à-vis government regulations and government-provided services. But I disagree with Friedman’s view that private entities can replace government when it comes to criminal justice. I also disagree with Friedman’s characterization of conservatives as stubbornly opposed to change.

I must note, also, that Friedman’s main style of argumentation in The Machinery of Freedom is to pile assertion upon assumption, and to do so at such length and in such temperate language that the unwary or receptive reader may be lulled into agreement. The Machinery of Freedom is a long book (378 pages in paperback), so I will only offer a few examples of Friedman’s style — examples that I consider representative. The first example is drawn from chapter 29, “Police, Courts, and Laws — on the Market,” in which Friedman argues for private protection and adjudication agencies. He begins reasonably enough:

How, without government, could we settle the disputes that are now settled in courts of law? How could we protect ourselves from criminals?

Consider first the easiest case, the resolution of disputes involving contracts between well-established firms. A large fraction of such disputes are now settled not by government courts but by private arbitration of the sort described in Chapter 18. The firms, when they draw up a contract, specify a procedure for arbitrating any dispute that may arise. Thus they avoid the expense and delay of the courts.

The arbitrator has no police force. His function is to render decisions, not to enforce them. Currently, arbitrated decisions are usually enforceable in the government courts, but that is a recent development; historically, enforcement came from a firm’s desire to maintain its reputation. After refusing to accept an arbitrator’s judgment, it is hard to persuade anyone else to sign a contract that specifies arbitration; no one wants to play a game of ‘heads you win, tails I lose’.

Arbitration arrangements are already widespread. As the courts continue to deteriorate, arbitration will continue to grow. But it only provides for the resolution of disputes over pre-existing contracts. Arbitration, by itself, provides no solution for the man whose car is dented by a careless driver, still less for the victim of theft; in both cases the plaintiff and defendant, having different interests and no prior agreement, are unlikely to find a mutually satisfactory arbitrator. Indeed, the defendant has no reason to accept any arbitration at all; he can only lose—which brings us to the problem of preventing coercion.

Friedman then explains market-based solutions to the problem of preventing coercion. What follows, until I signal a new topic, are excerpts of his discussion with my commentary (underlined in brackets):

Protection from coercion is an economic good. It is presently sold in a variety of forms—Brinks guards, locks, burglar alarms. As the effectiveness of government police declines [this seems to be an assumption disguised as a fact-based assertion], these market substitutes for the police, like market substitutes for the courts, become more popular [or they could become more popular as supplements to government policing, which is limited by the amount that governments are able to extract from taxpayers].

Suppose, then, that at some future time there are no government police but instead private right enforcement agencies. [Realistically, there would be no government police — or unregulated private police — only if government itself were to disappear. I view that as an impossible event.] These agencies sell the service of protecting their clients against crime. Perhaps they also guarantee performance by insuring their clients against losses resulting from criminal acts. [How would private agencies differentiate themselves from gangsters who sell “protection”? This is an issue of trust that seldom arises with government police (or only among a small fraction of the populace), and an important reason for the retention of government police.]….

[Private agencies] would be selling a service to their customers and would have a strong incentive to provide as high a quality of service as possible at the lowest possible cost. It is reasonable to suppose that the quality of service would be higher and the cost lower than with the present governmental protective system. [Whether the cost would be lower depends to some extent on the scale of private agencies relative to the government ones they would replace. It’s premature to make assertions about quality of service before addressing the problem of inter-agency conflict.]

Inevitably, conflicts would arise between one agency and another. How might they be resolved?

I come home one night and find my television set missing. I immediately call my agency, Tannahelp Inc., to report the theft. They send an agent. He checks the automatic camera which Tannahelp, as part of their service, installed in my living room and discovers a picture of one Joe Bock lugging the television set out the door. [The security camera is a nice touch, but it strongly suggests that Tannahelp is providing a supplemental service, not merely supplanting government police. A lot of people can’t afford supplemental police services. Who do they turn to if there are no government police?] The Tannahelp agent contacts Joe, informs him that Tannahelp has reason to believe he is in possession of my television set, and suggests he return it, along with an extra ten dollars to pay for Tannahelp’s time and trouble in locating Joe. Joe replies that he has never seen my television set in his life and tells the Tannahelp agent to go to hell.

The agent points out that until Tannahelp is convinced there has been a mistake, he must proceed on the assumption that the television set is my property. Six Tannahelp employees, all large and energetic, will be at Joe’s door next morning to collect the set. Joe, in response, informs the agent that he also has a rights enforcement agency, Dawn Defense, and that his contract with them undoubtedly requires them to protect him if six goons try to break into his house and steal his television set.

The stage seems set for a nice little war between Tannahelp and Dawn Defense. It is precisely such a possibility that has led some libertarians who are not anarchists, most notably Ayn Rand, to reject the possibility of competing free-market rights enforcement agencies.

But wars are very expensive and Tannahelp and Dawn Defense are both profit-making corporations, more interested in saving money than face. I think the rest of the story would be less violent than Miss Rand supposed. [Maybe, maybe not. It’s just as likely that the most successful agency, and the eventual monopolist in a geopolitical area, will be the one that’s most aggressive, and which can afford to be aggressive because it numbers wealthy people among its clientele.]

The Tannahelp agent calls up his opposite number at Dawn Defense. ‘We’ve got a problem. . . .’ After explaining the situation, he points out that if Tannahelp sends six men and Dawn eight, there will be a fight. Someone might even get hurt. Whoever wins, by the time the conflict is over it will be expensive for both sides. They might even have to start paying their employees higher wages to make up for the risk. Then both firms will be forced to raise their rates. If they do, Murbard Ltd., an aggressive new firm which has been trying to get established in the area, will undercut their prices and steal their customers. [How convenient.] There must be a better solution.

The man from Tannahelp suggests that the better solution is arbitration. They will take the dispute over my television set to a reputable local arbitration firm. If the arbitrator decides that Joe is innocent, Tannahelp agrees to pay Joe and Dawn Defense an indemnity to make up for their time and trouble. If he is found guilty, Dawn Defense will accept the verdict; since the television set is not Joe’s, they have no obligation to protect him when the men from Tannahelp come to seize it. [An aggresssive agency of the kind that I posit above is also likely to have a monopoly on arbitration services — either overtly or through sub rosa relationships.]

What I have described is a very makeshift arrangement. In practice, once anarcho-capitalist institutions were well established [but how do we get from here to there?], agencies would anticipate such difficulties and arrange contracts in advance, before specific conflicts occurred, specifying the arbitrator who would settle them.

In such an anarchist society, who would make the laws? On what basis would the private arbitrator decide what acts were criminal and what their punishments should be? The answer is that systems of law would be produced for profit on the open market, just as books and bras are produced today. There could be competition among different brands of law just as there is competition among different brands of cars.

In such a society there might be many courts and even many legal systems. Each pair of protection agencies agree in advance on which court they will use in case of conflict. Thus the laws under which a particular case is decided are determined implicitly by advance agreement between the agencies whose customers are involved. In principle, there could be a different court and a different set of laws for every pair of agencies. In practice, many agencies would probably find it convenient to patronize the same courts, and many courts might find it convenient to adopt identical, or nearly identical, systems of law in order to simplify matters for their customers. Before labeling a society in which different people are under different laws chaotic and unjust, remember that in our society the law under which you are judged depends on the country, state, and even city in which you happen to be. Under the arrangements I am describing, it depends instead on your agency and the agency of the person you accuse of a crime or who accuses you of a crime. In such a society law is produced on the market. A court supports itself by charging for the service of arbitrating disputes. Its success depends on its reputation for honesty, reliability, and promptness and on the desirability to potential customers of the particular set of laws it judges by. [No, its success depends on selling its services to the highest bidders, who will be willing to pay for partial “justice” — as opposed to the impartial kind that criminal courts in the U.S. usually dispense.]….

Several objections may be raised to … free-market courts. The first is that they would sell justice by deciding in favor of the highest bidder. That would be suicidal; unless they maintained a reputation for honesty, they would have no customers— unlike our present judges. [This assertion conveniently disregards the strong possibility of a monopoly acquired through force and bribery. The stakes are such that war-like competition for the top-dog position, as costly as it is, can’t be ruled out. See, for example, the history of the Chicago Outfit and rivals in the days when government police were relatively ineffective.]….

Until he is actually accused of a crime, everyone wants laws that protect him from crime and let him interact peacefully and productively with others. Even criminals. Not many murderers would wish to live under laws that permitted them to kill— and be killed. [Everyone? Surely not. There are large numbers of persons, especially among the least rational and most dangerous segment of the populace, who simply don’t think like economists. And even among rational persons of means, there are many who believe that they have the wherewithal to defend themselves while getting away with murder and other anti-social acts.]

I turn now to chapter 63, “The Conservative Mistake.” This is less an apology for anarchy than it is a defense of open borders and an indictment of those who resist change. I take it up because it further illustrates Friedman’s penchant for making broad, unsupported, and (sometimes) off-target assertions — in this case about conservatism.

Critics of free immigration worry that immigrants might change the country, make it more socialist, more crime ridden, more like the places they are coming from, but offer no strong reason to expect those particular effects. Leaving the place where you grew up to move somewhere very different is, after all, evidence that you prefer the latter. [But “you” prefer the latter for particular reasons. Among those reasons is the knowledge that the new country offers a rather cushy “safety net” relative to that of the old country.] As I pointed out in one exchange, the Volokh brothers, associated with the popular libertarian/conservative legal blog the Volokh Conspiracy, are immigrants from the ex-Soviet Union. While Eugene and Sasha Volokh are slightly more socialist than I am, they are much less socialist than most of their fellow academics, not entirely surprising given that they have experienced socialism at first hand. [They are also unrepresentative of the vast numbers of immigrants who pour into the country from the south, and whose presence predictably results in higher taxes and lower wages for the many citizens who don’t reap the benefits of immigration.]

The same assumption, that change is presumptively bad, appears in arguments over global warming. [That change, in the form of unfettered immigration, will impose costs on citizens is a reasonable position for many citizens to take. Friedman glibly lumps opposition to that kind of change with the religious fervor which accompanies opposition to and fears of global warming, genetically modified foods, and fracking. The opening sentence spoils this otherwise trenchant paragraph.] It seems likely that the average temperature of the globe will go up by several degrees C over the next hundred years due mostly to increased carbon dioxide in the atmosphere. If I had to guess, my guess would be that the net effect of the change will be positive, for at least two reasons. The first is that human habitability is limited mostly by cold, not heat— the equator is populated, the poles are not. The second is that, for well understood reasons, global warming can be expected to increase temperatures more in cold places and at cold times than in warm. Combine those two and one might guess that a somewhat warmer world would be, on the whole, more suited to humans, not less. Yet most people discussing the issue take it for granted that the change is bad, indeed catastrophically bad. A similar pattern holds for a variety of other issues, from fracking to cloning to GMO foods.

I call it a mistake, but perhaps that is unfair. We know that the present is at least tolerable, since we are at present tolerating it. [Who is “we”? And what does it mean to “tolerate” something. I can “tolerate” a toothache, but for only as long as it takes to have the tooth treated or extracted.] A change might make things better, might make them worse, so why chance it? That sounds like a plausible argument, but it contains a hidden assumption— that stasis is an option, that if we do not have more immigration our cultural and political circumstances will remain the same, that without anthropogenic CO2, climate will stay what it currently is. [In the case of immigration, Friedman again resorts to an inappropriate collective view. There are many citizens whose lives are made worse because of immigration, even as there are many citizens who benefit from the availability of low-wage labor in yard maintenance, child care, and fast-food service.]

Both are demonstrably false. Over my lifetime the cultural and political institutions of the U.S. have changed for reasons that had little to do with immigration. [Immigration, however, imposes changes over and above those that would occur through the evolution of social norms in a more homogeneous polity.] Over the past million years, the climate of the earth has changed radically time after time for reasons that had nothing to do with anthropogenic CO2. A rise in sea level of a foot or two would create problems in some parts of the world, but not problems comparable to the effect of half a mile of ice over the present locations of Chicago and London.

The left wing version of the conservative mistake comes with its own pseudoscientific slogan, ‘the precautionary principle.’ It is the rule that no decision should be made unless one can be confident that it will not have substantial bad effects, that the lack of a reason to expect it have such effects is not enough. It sounds plausible, merely a matter of playing safe, but a moment’s thought should convince you that it is not merely wrong, it is internally incoherent. The decision to permit nuclear power could have substantial bad effects. The decision not to permit nuclear power could also have substantial bad effects. If one takes the precautionary principle seriously, one is obligated to neither permit nor forbid nuclear power and similarly with many other choices, including acting or not acting to prevent global warming.

Continuing with that example, I have long argued, only partly in jest, that the precautionary principle is a major source of global warming. Nuclear power is the one source of power that does not produce CO2 and can be expanded more or less without limit. A major factor restricting the growth of nuclear power has been the precautionary principle, even if not always under that name— hostility to permitting reactors to be built as long as there is any chance that anything could go wrong. That example demonstrates my more general point: Stasis is not an option. The world is going to change whether or not we permit nuclear power and there is no a priori reason to expect the changes if we permit it to be worse than those if we do not.

I am not arguing that there is never a good reason to fear change; sometimes a change can be reasonably predicted to have bad consequences. I am arguing that much opposition to change, across a wide range of different topics and disputes, is based on the mistaken assumption that if only that particular change is prevented, the next year, the next decade, the next century, will be more or less the same as the present. [Not so. Principled conservatives — and there are still a lot of us — understand and accept the beneficial role of evolutionary change, unforced by government policy.]

That is very unlikely. [No kidding!]

It’s not that I disagree with Friedman’s disdain for government, which is far, far more intrusive than is economically and socially healthy. But Friedman, whose high intelligence is beyond doubt, puts that intelligence to bad use in his biased argument for an unattainable nirvana and mistaken characterization of conservatism.

America’s Political Profile

This is a long post, contrary to my new blogging style, but much of it is quoted material.

REVISED 03/26/16 to incorporate the 9-question survey from Arnold Kling’s book, The Three Languages of Politics. The item linked in the earlier version of this post was an older, 10-question version of the survey, which doesn’t match the scoring key in Kling’s book that’s reproduced here.

Here is the estimable Arnold Kling, writing in The Three Languages of Politics:

I claim that progressives [Ps*], conservatives [Cs], and libertarians [Ls] each use a different heuristic. Because they use different heuristics, they speak different languages.

Each heuristic sets up an axis of favorable and unfavorable. Ps use the heuristic of the oppressed-oppressor axis. Ps 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. Cs use the heuristic of the civilization-barbarism axis. Cs 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. Ls use the heuristic of the freedom-coercion axis. Ls view most favorably those who defer to decisions that are made on the basis of personal choice and voluntary agreement, and they view most unfavorably those people who favor government interventions that restrict personal choice.

I find a lot to like in Kling’s trichotomy. If you wonder where you stand, take Kling’s survey. Here it is, followed by a discussion of the scoring key and the key itself:

1. Late in 2012, in Newtown Connecticut, about two dozen school children were murdered in a shooting incident. What this indicates is

a) the need for teachers to be empowered and armed to fight back

b) the need for society to exert more control over the mentally ill

c) the need to reduce the power of the gun lobby 2. In the latter half of 2012, UN Ambassador Susan Rice went on news programs as an Administration spokesperson and described the deaths of Americans

2. In the latter half of 2012, UN Ambassador Susan Rice went on news programs as an Administration spokesperson and described the deaths of Americans at the Libyan consulate in Benghazi as resulting from a protest demonstration. The media should have assigned more significance to the fact that

a) Islamic militants were to blame for the murders

b) Politicians were seeking to assign or deflect blame

c) Susan Rice is a female African-American

3. In the 1940s, ordinary Germans participated in atrocities against Jews. This shows us

a) The dangers of a totalitarian system of government

b) The dangers of a collapse of moral values when a country’s institutions have failed

c) The dangers of anti-Semitism

4. When the issue of changing the tax code comes up, what question is most important?

a) how will the change affect the reward that people get for hard work and thrift?

b) does the government spend money more wisely than individuals?

c) how will the change affect inequality?

5. What is notable about the conflict between Israelis and Palestinians is that

a) Israelis share American values much more than do Palestinians

b) Palestinians are an oppressed people

c) The government of Israel, Arab governments, the governments of other nations, and the UN are all at fault.

6. In 1992, a study by the Federal Reserve Bank of Boston found a high rejection rate for mortgage applications by African-Americans. What explains this?

a) racial discrimination

b) African-Americans were more likely to have poor credit histories or insufficient incomes to qualify for mortgages

c) the officials who directed the study had an agenda

7. The wave of mortgage defaults known as the “sub-prime crisis” was caused by mortgage loans that were

a) given to unqualified and undeserving borrowers

b) government-induced

c) predatory

8. The large number of unwed mothers with low income reflects

a) lack of economic opportunities, education, and access to birth control

b) cultural decay, which over-values sexual gratification and undervalues marital responsibility

c) incentives built into our tax and welfare system

9. Since 9/ 11, Presidents have employed controversial powers, such as warrantless surveillance and targeted killing. What do you think of the use of these powers?

a) Because Islamist terrorism is such a difficult and dangerous problem, I support the use of these powers to protect the American people.

b) I am totally against the use of these powers.

c) I am not sure about these powers, but I definitely trust the Obama-Biden administration to use them more judiciously than the Bush-Cheney administration.

Before we score the quiz and interpret your score, please answer one more question. Remember, the answer is not how you would respond. Instead, have in mind someone who agrees with you on many political issues. Which of the following paragraphs best describes how this person feels?

X) My heroes are people who have stood up for the underprivileged. The people I cannot stand are people who do not seem to care about the oppression of working people, minorities, and women.

Y) My heroes are people who have stood up for Western values. The people I cannot stand are the people who do not seem to mind the assault on the moral virtues and traditions that are the foundation for our civilization.

Z) My heroes are people who have stood up for the individual’s right to his or her own choices. The people I cannot stand are people who want government to impose their value system on everyone….

The first dominant heuristic is the one I associate with progressives (henceforth Ps). Ps, who are likely to respond X to the basic question, are most comfortable with language that frames political issues in terms of oppressors and oppressed.

The second dominant heuristic is one I associate with conservatives (henceforth Cs). Cs, who are likely to respond Y to the basic question, are most comfortable with language that frames political issues in terms of civilization and barbarism.

The third dominant heuristic is one I associate with libertarians (henceforth Ls). Ls, who are likely to respond Z to the basic question, are most comfortable with language that frames political issues in terms of freedom and coercion.

In short, my hypothesis is that someone who picked X on the basic question will tend to give corresponding progressive answers to the other nine questions. Someone who picked Y will tend to give conservative answers. Someone who picked Z will tend to pick libertarian answers. Now, go back and score your quiz to find out how many Ps, Cs, and Ls you picked. Match your answers as indicated below.

Give yourself one P for each of the following: 1c, 2c, 3c, 4c, 5b, 6b, 7c, 8a, 9c.

Give yourself one C for each of the following: 1b, 2a, 3b, 4a, 5a, 6c, 7a, 8b, 9a.

Give yourself one L for each of the following: 1a, 2b, 3a, 4b, 5c, 6a, 7b, 8c, 9b.

My guess is that progressives will have at least 6 Ps. My guess is that conservatives will have at least 4 Cs and fewer than 3 Ps. My guess is that libertarians will have at least 4 Ls and fewer than 3 Ps.

You may not agree in every case with Kling’s alignment of an answer with a political point of view (I don’t), but the overall result is probably in the ballpark. I chose Y for the basic question, and scored 6 Cs, 2 Ls, and 1 P (which I attribute to an error in Kling’s scoring scale); my actual score is 7 Cs and 2 Ls.** Inasmuch as traditional conservatism (my brand) is tantamount to true libertarianism (e.g., this post), I’m pleased to be classified as a conservative with libertarian leanings.

As for sorting progressives, conservatives, and libertarians, here’s my take: Someone with a lot of (i.e., 6 or more) Cs is unlikely to have even 1 P. (I don’t, really.) Someone with a lot of Ps is unlikely to have even 1 C, though he might have a few Ls. Someone with a lot of Ls is more likely to have some Ps, than some Cs.

But Kling’s survey is unlikely to be encountered by a more typical denizen of the United States. Such a person doesn’t think deeply or consistently about politics, but is more likely to be preoccupied with paying a mortgage or the rent, raising children or ignoring them to the extent possible, boozing with buddies (male and/or female), reading trashy novels (if anything), watching TV fare on a par with Dancing with the Stars, and so on. Such a person would probably weigh in with a mix of Cs, Ps, and Ls — and would prefer to give more than one answer to most of the questions. Such a person would be an adherent of America’s dominant political strain, which I call wishy-washy.

In short, I think the political landscape boils down to this:

  • A fringe of true Conservatives, some of them with a libertarian streak
  • A larger fringe of all-out progressives
  • A minuscule fringe of all-out libertarians
  • A microscopic fringe of left-libertarians, whose oxymoronic belief in libertarian communitarianism leads them to sympathize with progressives rather than conservatives
  • The wishy-washy masses in the vast middle, who go with what seems “nice” or “in style.” (Some wishy-washiers like to call themselves “centrists,” which is the verbal equivalent of putting lipstick on a pig.)

Conservatives and progressives are irreconcilable, as are conservatives and all-out libertarians. I also see no way of reconciling left-libertarians with all-out libertarians or conservatives.

But none of that matters much. Wishy-washiness dominates, which is why election outcomes seem to careen from one extreme to the other.
__________
* “Progressive” and its variants set my teeth on edge. There’s nothing progressive about so-called liberalism. I suspect that Kling uses “progressive” instead of “liberal” because he would otherwise have L for liberal and L for libertarian. I follow his usage here only to avoid confusion.

** Regarding question 6, Kling says that answer a) is libertarian, but pinning the blame on racial discrimination strikes me as progressive (racial discrimination is a kind of oppression, and blacks are victims of it). Kling says that answer b) is progressive, but answer b) — my answer — is a realistic but unfavorable  appraisal of the economic status of blacks, which strikes me as conservative (i.e., attributing to blacks an “uncivilized” or negative trait that stems from their generally lower intelligence and greater dependence on the welfare state). Kling says that answer c) is conservative, but it really pins the blame on government, which is a libertarian response. My two libertarian responses were to items 1 and 7.

Political Philosophies in Brief

The libertarian wants everything to be legal and nothing to be free.

The conservative wants some stuff to be illegal and nothing to be free.

The fascist wants to tell everyone what they should like because it’s the “national will.”

The socialist wants to tell everyone what they should like because it’s “good for them,” and he’ll make the rich pay for most of it.

The modern liberal is a socialist who tries to hide it by calling himself a progressive.

“The Great Debate”: Not So Great

I was drawn to Yuval Levin‘s The Great Debate: Edmund Burke, Thomas Paine, and the Birth of Right and Left because some commentators on the right had praised it. But I was disappointed by The Great Debate for two reasons: repetitiveness and wrongheadedness (with respect to conservatism).

Regarding repetitiveness, the philosophical differences between Burke and Paine are rather straightforward and can be explained in a brief essay. Levin’s 304 pages strike me as endless variations on a simple theme — a literary equivalent of Philip Glass‘s long-winded minimalism.

In fact, I am wrong to suggest that it would take only a brief essay to capture the philosophical differences between Burke and Paine. Levin does it in a few paragraphs:

Paine lays out his political vision in greater detail in Rights of Man than in any of his earlier writings: a vision of individualism, natural rights, and equal justice for all made possible by a government that lives up to true republican ideals. [Kindle edition, p. 34]

*     *     *

Politics [to Burke] was first and foremost about particular people living together , rather than about general rules put into effect. This emphasis caused Burke to oppose the sort of liberalism expounded by many of the radical reformers of his day. They argued in the parlance of natural rights drawn from reflections on an individualist state of nature and sought to apply the principles of that approach directly to political life. [Op. cit., p. 11]

*     *     *

For Paine, the natural equality of all human beings translates to complete political equality and therefore to a right to self-determination. The formation of society was itself a choice made by free individuals, so the natural rights that people bring with them into society are rights to act as one chooses, free of coercion. Each person should have the right to do as he chooses unless his choices interfere with the equal rights and freedoms of others. And when that happens— when society as a whole must act through its government to restrict the freedom of some of its members— government can only act in accordance with the wishes of the majority, aggregated through a political process. Politics, in this view, is fundamentally an arena for the exercise of choice, and our only real political obligations are to respect the freedoms and choices of others.

For Burke, human nature can only be understood within society and therefore within the complex web of relations in which every person is embedded. None of us chooses the nation, community, or family into which we are born, and while we can choose to change our circumstances to some degree as we get older, we are always defined by some crucial obligations and relationships not of our own choosing. A just and healthy politics must recognize these obligations and relationships and respond to society as it exists, before politics can enable us to make changes for the better. In this view, politics must reinforce the bonds that hold people together, enabling us to be free within society rather than defining freedom to the exclusion of society and allowing us to meet our obligations to past and future generations, too. Meeting obligations is as essential to our happiness and our nature as making choices. [Op cit., pp. 91-92]

In sum, Paine is the quintessential “liberal” (leftist), that is, a rationalistic ideologue who has a view of the world as it ought to be.* And it is that view which governments should serve, or be overthrown. Burke, on the other hand, is a non-ideologue. Social arrangements — including political and economic ones — are emergent. Michael Oakeshott, a latter-day Burkean, puts it this way:

Government, … as the conservative … understands it, does not begin with a vision of another, different and better world, but with the observation of the self-government practised even by men of passion in the conduct of their enterprises; it begins in the informal adjustments of interests to one another which are designed to release those who are apt to collide from the mutual frustration of a collision. Sometimes these adjustments are no more than agreements between two parties to keep out of each other’s way; sometimes they are of wider application and more durable character, such as the International Rules for for the prevention of collisions at sea. In short, the intimations of government are to be found in ritual, not in religion or philosophy; in the enjoyment of orderly and peaceable behaviour, not in the search for truth or perfection….

To govern, then, as the conservative understands it, is to provide a vinculum juris for those manners of conduct which, in the circumstances, are least likely to result in a frustrating collision of interests; to provide redress and means of compensation for those who suffer from others behaving in a contrary manners; sometimes to provide punishment for those who pursue their own interests regardless of the rules; and, of course, to provide a sufficient force to maintain the authority of an arbiter of this kind. Thus, governing is recognized as a specific and limited activity; not the management of an enterprise, but the rule of those engaged in a great diversity of self-chosen enterprises. It is not concerned with concrete persons, but with activities; and with activities only in respect of their propensity to collide with one another. It is not concerned with moral right and wrong, it is not designed to make men good or even better; it is not indispensable on account of ‘the natural depravity of mankind’ but merely because of their current disposition to be extravagant; its business is to keep its subjects at peace with one another in the activities in which they have chosen to seek their happiness. And if there is any general idea entailed in this view, it is, perhaps, that a government which does not sustain the loyalty of its subjects is worthless; and that while one which (in the old puritan phrase) ‘commands the truth’ is incapable of doing so (because some of its subjects will believe its ‘truth’ to be in error), one which is indifferent to ‘truth’ and ‘error’ alike, and merely pursues peace, presents no obstacle to the necessary loyalty.

…[A]s the conservative understands it, modification of the rules should always reflect, and never impose, a change in the activities and beliefs of those who are subject to them, and should never on any occasion be so great as to destroy the ensemble. Consequently, the conservative will have nothing to do with innovations designed to meet merely hypothetical situations; he will prefer to enforce a rule he has got rather than invent a new one; he will think it appropriate to delay a modification of the rules until it is clear that the change of circumstances it is designed  to reflect has come to stay for a while; he will be suspicious of proposals for change in excess of what the situation calls for, of rulers who demand extra-ordinary powers in order to make great changes and whose utterances re tied to generalities like ‘the public good’ or social justice’, and of Saviours of Society who buckle on armour and seek dragons to slay; he will think it proper to consider the occasion of the innovation with care; in short, he will be disposed to regard politics as an activity in which a valuable set of tools is renovated from time to time and kept in trim rather than as an opportunity for perpetual re-equipment. [Rationalism in Politics and Other Essays, New and Expanded Edition, pp. 427-31]

This leads me to Levin’s wrongheadedness with respect to conservatism. It surfaces in the final chapter, with a failed attempt to reconcile the philosophies of Burke and Paine as variants of what Levin calls liberalism.

Given the stark differences between Paine’s proto-liberalism and Burkean conservatism, I cannot view the latter as a mere variant of the former. As Levin says,

the Burke-Paine debate is about Enlightenment liberalism, whose underlying worldview unavoidably raises the problem of the generations. Enlightenment liberalism emphasizes government by consent, individualism, and social equality, all of which are in tension with some rather glaring facts of the human condition : that we are born into a society that already exists, that we enter this society without consenting to it, that we enter it with social connections and not as isolated individuals, and that these connections help define our place in society and therefore often raise barriers to equality.** [Op. cit., p. 206]

Despite that, Levin writes of

[t]he tradition of conservative liberalism — the gradual accumulation of practices and institutions of freedom and order that Burke celebrated as the English constitution….

… [T]his very same conservative liberalism is very frequently the vision [that today’s conservatives] pursue in practice. It is the vision conservatives advance when they defend traditional social institutions and the family, seek to make our culture more hospitable to children, and rail against attempts at technocratic expert government. It is the vision they uphold when they insist on an allegiance to our forefathers’ constitutional forms, warn of the dangers of burdening our children with debt to fund our own consumption, or insist that the sheer scope and ambition of our government makes it untenable. [Op. cit., p. 229]

Levin’s sleight of hand is subtle. Paine’s so-called liberalism rests on premises rejected by Burke, the most important of which is that change can and should be imposed from the top down, through representative government. Where conservatives do promote change from the top down, it is to push civil society toward the status quo ante, wherein change was gradual and bottom-up, driven by the necessities of peaceful, beneficial coexistence. That isn’t liberalism; it’s conservatism, pure and simple.

Whence Levin’s category error? It seems to arise from Levin’s mistaken belief in an all-embracing social will. After all, if humankind has a collective will, its various political philosophies can be thought of as manifestations of an underlying bent. And that bent, in Levin’s view, might as well be called “liberalism.” It would be no less arbitrary to call it Couéism, or to say that pigs are human beings because they breathe air.

Am I being too harsh? Not at all. Consider the following passage from The Great Debate, with my interpolations in brackets:

The tension between those two dispositions comes down to some very basic questions: Should our society be made to answer [by whom] to the demands of stark and abstract commitments to ideals like social equality or to the patterns of its own concrete political traditions and foundations? Should the citizen’s relationship to his society be defined [by whom] above all by the individual right of free choice or by a web of obligations and conventions not entirely of our own choosing? Are great public problems best addressed through institutions designed to apply the explicit technical knowledge of experts or by those designed to channel the implicit social knowledge of the community? Should we [who?] see each of our society’s failings [by whose standards?] as one large problem to be solved by comprehensive transformation or as a set of discrete imperfections to be addressed by building on what works tolerably well to address what does not? What authority should the character of the given world exercise over our sense of what we would like it to be? [The opacity of the preceding sentence should be a clue about Levin’s epistemic confusion.]

Our answers [as individuals] will tend to shape how we [as individuals] think about particular political questions. Do we [sic] want to fix our [sic] health-care system by empowering expert panels armed with the latest effectiveness data to manage the system from the center or by arranging economic incentives to channel consumer knowledge and preferences and address some of the system’s discrete problems? [Or simply by non-interference with markets?] Do we [sic] want to alleviate poverty through large national programs that use public dollars to supplement the incomes of the poor or through efforts to build on the social infrastructure of local civil-society institutions to help the poor build the skills and habits to rise? [Or by fostering personal responsibility and self-reliance through laissez-faire, with private charity for the “hard cases”?] Do we [who?] want problems addressed through the most comprehensive and broadest possible means or through the most minimal and targeted ones? [Or through voluntary cooperation?]

…Is liberalism, in other words, a theoretical discovery to be put into effect or a practical achievement to be reinforced and perfected? [By who?] These two possibilities [see below] suggest two rather different sorts of liberal politics: a politics of vigorous progress toward an ideal goal or a politics of preservation and perfection of a precious inheritance. They suggest, in other words, a progressive liberalism and a conservative liberalism. [Op. cit., pp. 226-227]

Even though liberals tout individualism, they evince a (mistaken) belief in a collective conscience. Individualism, in the liberal worldview, is permissible only to the extent that it advances liberals’ values du jour. There is no room in liberalism for liberty, which is

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

Why is there no room in liberalism for liberty? Because peaceful, willing coexistence might not lead to the particular outcomes that liberals value — for the moment.

In sum, liberalism, despite its name, is an enemy of liberty. And Paine proves his liberal credentials when, in Levin’s words, he

makes a forceful case for something like a modern welfare system. In so doing, Paine helps show how the modern left developed from Enlightenment liberalism toward embryonic forms of welfare-state liberalism as its utopian political hopes seemed dashed by the grim realities of the industrial revolution. [Op. cit., p. 120]

“The grim realities of the industrial revolution” are that workers’ real incomes rose, albeit gradually. Levin evidently belongs to the romantic-rustic school of thought that equates factories with misery and squalor and overlooks the deeper misery and squalor of peasantry.

I don’t know what school of conservative thought Levin belongs to, but it can’t the school of thought represented by Burke, Oakeshott, and Hayek. If it were, Levin wouldn’t deploy the absurd term “conservative liberalism.”

__________
* In that respect, there is no distance at all between Paine and his pseudo-libertarian admirers (e.g., here). Their mutual attachment to “natural rights” lends them an air of moral superiority, but it is made of air.

** Not to mention the obvious fact that human beings are not equal in any way, except rhetorically. Some would say that they are equal before the laws of the United States, which is true only in theory. Laws are not applied evenhandedly, especially including laws that are meant to confer “equality” on specified groups but which then accord privileges that deprive others of jobs, promotions, admissions, and speech and property rights (e.g., affirmative action, low-income mortgages, and various anti-discrimination statutes).

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Related posts:
The Social Welfare Function
On Liberty
Inventing “Liberalism”
What Is Conservatism?
Utilitarianism vs. Liberty
Accountants of the Soul
The Left
Enough of “Social Welfare”
Undermining the Free Society
Pseudo-Libertarian Sophistry vs. True Libertarianism
Our Enemy, the State
Positivism, “Natural Rights,” and Libertarianism
“Intellectuals and Society”: A Review
What Are “Natural Rights”?
Government vs. Community
Libertarian Conservative or Conservative Libertarian?
Bounded Liberty: A Thought Experiment
The Left’s Agenda
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
The Evil That Is Done with Good Intentions
Understanding Hayek
The Left and Its Delusions
The Destruction of Society in the Name of “Society”
About Democracy
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
More Pseudo-Libertarianism
Bounded Liberty: A Thought Experiment
A Declaration and Defense of My Prejudices about Governance
Society and the State
Why Conservatism Works
Liberty and Society
Tolerance on the Left
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
The Barbarians Within and the State of the Union
Defining Liberty
Government Failure Comes as a Shock to Liberals
“We the People” and Big Government
The Futile Search for “Natural Rights”
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Modern Liberalism as Wishful Thinking
Getting Liberty Wrong
Romanticizing the State
“Liberalism” and Personal Responsibility
My View of Libertarianism
Parsing Political Philosophy (II)

Signature

My View of Libertariansim

A reader asked for my definition of “libertarian.” I’ve written about libertarianism many times since my early days as an unsophisticated adherent of J.S. Mill’s solipsistic “harm principle.”

My journey away from solipsistic libertarianism began with “A Paradox for Libertarians.” “Common Ground for Conservatives and Libertarians?” marks the next step in my journey. My declaration of independence from the harm principle is documented in “The Paradox of Libertarianism.” I then wrote “Liberty As a Social Construct,” “Social Norms and Liberty,” and “A Footnote about Liberty and Social Norms.” Those posts go beyond my rejection of the harm principle as the proper basis of libertarianism, and introduce the social aspect of liberty. I reiterated and elaborated my criticism of the harm principle in “The Harm Principle,” “Footnotes to ‘The Harm Principle’,” and “The Harm Principle, Again.”

All of those posts — and more in the same revisionist vein — appeared at my old blog, Liberty Corner. Those many posts set the stage for many more at Politics & Prosperity, including these:

On Liberty

Pseudo-Libertarian Sophistry vs. True Libertarianism

Libertarian Conservative or Conservative Libertarian?

More Pseudo-Libertarianism

Parsing Political Philosophy (II)

This is a work in progress. The first version is here. This version expands the range of political stances by adding Despotism to Anarchism, Minarchism, and Statism. Also, this version goes into more detail about the differences between various stances. I’m leaving the first version in place because I’ve linked to it and quoted from it often, and because some of the descriptive material complements this post.

INTRODUCTION

The aim of this post and its predecessor is to find more precise political labels than Democrat, Republican, left, right, center, liberal, conservative, and libertarian. I want to show, for example, the dimensions of agreement and disagreement between a so-called liberal who wants government to dictate certain aspects of human affairs, and a so-called conservative who wants government to dictate certain other aspects of human affairs. Are they not both statists who merely have different agendas, or are there deeper differences between them? And what about the so-called libertarian who espouses some views that are anathema to many on the left (e.g., free markets) and other views that are anathema to many on the right (e.g., legalization of marijuana and harder drugs)? Are such views coherent or merely provocative?

Any one person’s political philosophy — if he may be said to have one — is likely to consist of a set of attitudes, many of them logically irreconcilable. This, I believe, is due mainly to the influence of temperament on one’s political views. It is a rare human being who does not interpret the world through the lens of his preferences, and those preferences seem to be more a matter of temperament than of knowledge and reason. Even highly intelligent persons are capable of believing in the most outlandish things because they want to believe those things.

I therefore admit that my search for more precise political labels may be — and probably is — both quixotic and reductionist. But it can, at least, shed some light on real differences — and real similarities — among various lines of political thought.

THE ESSENCE OF POLITICS

Political views, and their essential differences, cannot be organized into a taxonomy without first defining politics and its essential issues.

Politics is the means by which human beings regulate their behavior, which usually (but unnecessarily) is divided into social and economic components. The purpose of regulating behavior — whether the regulation is explicit or implicit, imposed or voluntary — is to sustain or change the modes of human interaction, and the outcomes that derive from human interaction. Some political stances are incoherent because their principles cannot yield the preferred outcomes (e.g., redistribution, a favored policy of left-statists, actually makes the poor worse off because it stifles economic growth). But incoherence does not prevent a political stance from becoming popular, or even dominant.

THE BASELINE POSITION: TRADITIONAL CONSERVATISM

The following sections of this post culminate in a taxonomy of political philosophies, which is given in a table at the end of the post. In that table, I take as a baseline a political stance that I call Right-Minarchism. It represents traditional conservatism, as it would have played out in practice under the kind of true federalism represented in the Articles of Confederation.

What is the traditional conservative position? I begin with a redaction of Russell Kirk’s “Six Canons of Conservative Thought“:

1. An understanding that political problems, at bottom, are moral problems.

2. A preference for tradition — which incorporates beneficial change — over the shackles of statism and the chaos that must ensue from anarchy.

3. Recognition that change is not the same thing as change for the better (reform), which emerges from tradition and is not imposed upon it.

4. An understanding that a flourishing civil society requires order, without which freedom is available only to despots and predators.

5. Faith in traditional mores and reliance upon them, in the main, to maintain a regimen of order that enables freedom — ordered liberty, in other words. Traditional mores are supplemented but not supplanted by the rule of law, impartially administered and no more intrusive than is required for ordered liberty.

6. Knowledge that property and liberty are inseparably connected, and that economic leveling is not economic progress.

For an elaboration on the role of government, I turn to Michael Oakeshott:

Government, … as the conservative in this matter understands it, does not begin with a vision of another, different and better world, but with the observation of the self-government practised even by men of passion in the conduct of their enterprises; it begins in the informal adjustments of interests to one another which are designed to release those who are apt to collide from the mutual frustration of a collision. Sometimes these adjustments are no more than agreements between two parties to keep out of each other’s way; sometimes they are of wider application and more durable character, such as the International Rules for for the prevention of collisions at sea. In short, the intimations of government are to be found in ritual, not in religion or philosophy; in the enjoyment of orderly and peaceable behaviour, not in the search for truth or perfection…. To govern, then, as the conservative understands it, is to provide a vinculum juris for those manners of conduct which, in the circumstances, are least likely to result in a frustrating collision of interests; to provide redress and means of compensation for those who suffer from others behaving in a contrary manners; sometimes to provide punishment for those who pursue their own interests regardless of the rules; and, of course, to provide a sufficient force to maintain the authority of an arbiter of this kind. Thus, governing is recognized as a specific and limited activity; not the management of an enterprise, but the rule of those engaged in a great diversity of self-chosen enterprises. It is not concerned with concrete persons, but with activities; and with activities only in respect of their propensity to collide with one another. It is not concerned with moral right and wrong, it is not designed to make men good or even better; it is not indispensable on account of ‘the natural depravity of mankind’ but merely because of their current disposition to be extravagant; its business is to keep its subjects at peace with one another in the activities in which they have chosen to seek their happiness. And if there is any general idea entailed in this view, it is, perhaps, that a government which does not sustain the loyalty of its subjects is worthless; and that while one which (in the old puritan phrase) ‘commands the truth’ is incapable of doing so (because some of its subjects will believe its ‘truth’ to be in error), one which is indifferent to ‘truth’ and ‘error’ alike, and merely pursues peace, presents no obstacle to the necessary loyalty.

…[A]s the conservative understands it, modification of the rules should always reflect, and never impose, a change in the activities and beliefs of those who are subject to them, and should never on any occasion be so great as to destroy the ensemble. Consequently, the conservative will have nothing to do with innovations designed to meet merely hypothetical situations; he will prefer to enforce a rule he has got rather than invent a new one; he will think it appropriate to delay a modification of the rules until it is clear that the change of circumstances it is designed to reflect has come to stay for a while; he will be suspicious of proposals for change in excess of what the situation calls for, of rulers who demand extra-ordinary powers in order to make great changes and whose utterances re tied to generalities like ‘the public good’ or social justice’, and of Saviours of Society who buckle on armour and seek dragons to slay; he will think it proper to consider the occasion of the innovation with care; in short, he will be disposed to regard politics as an activity in which a valuable set of tools is renovated from time to time and kept in trim rather than as an opportunity for perpetual re-equipment. (Rationalism in Politics and Other Essays, New and Expanded Edition, pp. 427-31)

In what follows, I synthesize Kirk and Oakeshott, and call the result Right-Minarchism.

A TAXONOMY OF PHILOSOPHIES

I begin with a rough sorting of political philosophies:

  • Anarchism is a fairly coherent (if implausible) philosophy of non-government, propounded by persons who usually call themselves anarcho-capitalists (probably because it seems a more respectable label than “anarchist”).
  • Minarchism is a somewhat more diffuse but still coherent philosophy of minimal government, propounded by persons who usually call themselves libertarians, over the objection of anarchists, who claim to be the only true libertarians.
  • Anarchists and minarchists dwell in the big tent of libertarianism.  Where anarchists are fairly monolithic in their views (government is evil because it must always be based on coercion), minarchists are of varied stripes, which I delineate below. My analyses of anarchism and minarchism span the range of libertarian ideas, so there is nothing more for me to say in this post about libertarianism as a political philosophy.
  • Statism comprises a broad set of attitudes about government’s role, propounded by “types” ranging from redneck yahoos to campus radicals, each type proclaiming itself benign (for some, if not for others). But each type would — in thought and word, if not deed — set loose the dogs of the state upon its political opponents and the vast, hapless majority. Statism, because it is so powerful and pervasive a force, merits further analysis — more aptly, dissection — into its main types.
  • Despotism is perhaps the inevitable outcome of statism. Despotism may be “hard,” as with the USSR under Stalin and Germany under Hitler, or “soft,” as with innumerable “social democrat” regimes, including the controlling regime of the United States. Under despotic rule there is no dividing line between the state’s power and individual liberty. The state can — and will — dictate to its subjects about anything.

Thus the four broad philosophies that I parse in this post are anarchism, minarchism, statism, and despotism. Here is more about each of them:

Anarchism

Anarchists believe that no one should govern others; rather, all human interactions and joint functions (e.g., a group’s efforts to defend itself against predators and enemies) should be undertaken through voluntary agreements, including contracts with private defense agencies.

Central to anarchism is the dual principle of non-coercion and non-aggression: conjoined prohibitions against the imposition of one’s will upon others and, therefore, the use of force except in self-defense or the defense of others. (Are there loopholes for dealing with imminent, predatory threats and teaching children to behave? Only an anarchist knows for sure.) Government, by definition, imposes its will by exerting superior force. Government, therefore, is illegitimate.

The non-aggression principle is the undoing of anarchism. Anarchy (purely consensual anarchy) cannot prevail. Non-aggression often is met with aggression. Anarchists (were there a viable group of them) would fall prey to well-armed aggressors (both from within the group and outside it). This inconvenient fact is of no account to doctrinaire anarchists. They are focused on the world as they would like it to be, and have little time for the world as it is, except to object when it isn’t to their liking — which is all of the time.

Minarchism

The Central Tenet: Limited Government

Minarchists are united in but one respect: Government, being inevitable if not necessary, must be kept within strict bounds. Given the inevitability of government, it is better to control it than to be controlled by it. It is therefore better to design an accountable one that can be kept within its bounds (or so minarchists hope) than to suffer an imposed regime, most likely an oppressive one.

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

As Alfred Whitehead has said in another connection, “It is a profoundly erroneous truism, repeated by all copy-books and by eminent people when they are making speeches, that we should cultivate the habit of thinking what we are doing. The precise opposite is the case. Civilization advances by extending the number of important operations which we can perform without thinking about them.” This is of profound significance in the social field. We make constant use of formulas, symbols, and rules whose meaning we do not understand and through the use of which we avail ourselves of the assistance of knowledge which individually we do not possess. We have developed these practices and institutions by building upon habits and institutions which have proved successful in their own sphere and which have in turn become the foundation of the civilization we have built up.

What Hayek says is true not only of economic institutions but also of social ones. The seemingly uncoordinated price “system” guides economic actors toward better ways of meeting ever-changing human wants with limited resources. The social “system” accrues behavioral norms that guide individuals toward peaceful, constructive coexistence with their compatriots.

The Protection of Negative Rights

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

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

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

More about Property Rights

Minarchists (like anarchists) are fierce defenders of property rights. Minarchists hold that we own what we earn (or what is given to us, freely, by others who have earned it). The right to property is a negative right, in that the enjoyment and use of that which is ours need not deny anyone else the right to enjoy and use that which is theirs. (Acts of enjoyment and use, however, must not infringe on the negative rights of others.) The denial of property rights (in whole or in part) is theft, whether committed by a private party or government. (The “public use” clause of the Fifth Amendment is applied legitimately only when government must take property, with “just compensation” in order to execute one of the few legitimate functions of government.)

There is an economic justification, as well, for minarchists’ defense of property rights. People generally use that which they own more carefully and more productively than that which they do not own. This tendency — which springs from the same psychological source as the tendency of individuals to care more for those who are closest to them — yields less waste and greater output. That outcome benefits everyone, not just the owners of economic resources.

The Role of Civil Society

There can be more to minarchy than the protection of negative rights. In the view of some minarchists, government legitimately serves the broader (but related) purpose of protecting civil society. Other minarchists have no use for what they see as the strictures of civil society; they wish only to be left alone. In their introverted myopia they fail to see that the liberty to live a peaceful, happy, and even prosperous life depends on civil society: 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 government to police everyone’s behavior. Liberty depends, therefore, on the institutions of society — family, church, club, and the like — through which individuals learn to treat one another with respect, through which individuals often come to the aid of one another, and through which instances of disrespect can be noted, publicized, and even punished (e.g., by criticism and ostracism).

That is civil society. And it is civil society which, many minarchists aver, government ought to protect instead of usurping and destroying as it establishes its own agencies (e.g., public schools, welfare), gives them primary and even sole jurisdiction in many matters, and funds them with tax money that could have gone to private institutions. Moreover, some minarchists aver that government ought to tolerate a broad range of accepted behaviors across the various institutions of civil society, as long as government also protects the negative rights of association and exit: the right to associate with persons of one’s choosing, and the right to live and work where one prefers.

The centrality of family, church, club, and the like, to civil society reflects a fundamental fact of the human condition: We tend to care more for those who are close to us than we do for those who are unrelated to us by blood or a direct social bond of some kind. Charity and civilization begin at home.

A Note about Left-Minarchism

This branch of minarchism attracts pseudo-libertarians who proclaim their dedication to liberty from one side of the mouth while supporting statist restrictions on liberty from the other side. The hypocrisy of left-minarchism is discussed in the table below, and by Bill McMorris in “Conservatives Will Embrace Libertarians When Libertarians Stop Embracing Government” (The Federalist, February 26, 2014).

Statism

I come now to statism, about which less need be said than about minarchism. Statism is notable mainly for its failure to understand, respect, or protect negative rights and civil society.

The Essence of Statism: Control

Statism boils down to one thing: the use of government’s power to direct resources and people toward outcomes dictated by government. Statism is orthogonal to the libertarian worldview of anarchists and minarchists.

The particular set of outcomes toward which government should strive depends on the statist who happens to be expounding his views. But all of them are essentially alike in their desire to control the destiny of others. (Two excellent posts that spell out the essential sameness of statism, whether it comes from the “left” or the “right,” are John Ray’s “The American Roots of Fascism” and Eric Scheie’s “Rule by the Freest.”)

“Hard” statists thrive on the idea of a powerful state; control is their religion, pure and simple. “Soft” statists profess offense at the size, scope, and cost of government, but will go on to say “government should do such-and-such,” where “such-and such” usually consists of:

  • government grants of particular positive rights, either to the statist, to an entity or group to which he is beholden, or to a group with which he sympathizes
  • government interventions in business and personal affairs, in the belief that government can do certain things better than private actors, or simply should do many things other than — and sometimes in lieu of — dispensing justice and defending the nation.

The distinctions between “hard” and “soft” are, for my purposes, less important than the particular kinds of positive rights and interventions preferred by statists of various stripes. I parse the variety of statists later in this post.

Feeble Excuses for Statism

Statists give various excuses for their statism. Here are three, the second and third of which are mentioned above:

  • Government is the community. (This is an odd thing to say, given that politicians elected by a minority of the populace, and often a bare majority of voters, are able to dictate to the non-voting majority. The main virtue of  many an appointed official is that he represents a particular interest group, which is a far cry from “the community.”)
  • People (or certain kinds of people) can’t do such-and-such for themselves. (This claim is credible only because government has destroyed much of civil society by fostering dependency instead of personal responsibility; by blunting entrepreneurship, business formation, and economic growth through taxation and regulation; by breaking up families through various welfare programs; by usurping many of civil society’s functions (education, care of the elderly, and charity being the three most obvious); and by heavily taxing those who would have the means to underwrite the educational and charitable institutions of civil society.)
  • Certain kinds of activities and industries must be regulated because we can’t trust certain so-an-so’s to do the right thing. (This claim is tantamount to saying that (a) only certain outcomes are acceptable, (b) risk — which is necessary to progress — can be controlled by politicians and bureaucrats, and (c) the superficial knowledge and judgments of those same politicians and bureaucrats are adequate substitutes for the vast amounts of knowledge resident in free markets and free social institutions.

The reality from which statists avert their eyes is this: Even in a “democracy” such as ours, where government is supposed to be the people’s servant, it is in fact operated by power-hungry politicians and their often-arrogant minions. The arrogant attitudes of elected and appointed officials toward the “communities” they supposedly serve are revealed by the lavish offices and perquisites they arrange for themselves. The higher they rise on the scale of political power, the more god-like they become, to themselves at least. Constituent service is a means of garnering votes — a necessary evil, handled by staffers whenever possible, and paid for by taxpayers. (A politician naturally take a more personal interest in big contributors seeking attention and favors.)

The Bottom Line about Statism

No recitation of the character and limitations of government really matters to a statist. Government is at once a statist’s god and bully of first resort.

Despotism

In “democratic” nations, despotism arrives as an outgrowth of statism. It arrives by stealth, as the state’s power becomes so pervasive and so entrenched in statutes, regulations, and judicial decrees that liberty becomes a hollow word. Every sphere of existence — religious, social, economic — is subject to interference and control by the state. The state may not exercise full control in every instance, but it has the power to do so, rhetoric about liberty to the contrary notwithstanding.

America’s despotism is “soft,” compared with the despotism of the USSR and Nazi Germany, but it is despotism, nonetheless. If you think it hyperbolic to call the America a despotism, think again, and again, and again, and again, and again. The dividing line between statism and despotism is a thin one, and if you will follow the links in the two preceding sentences, you will find many reasons to believe that America has crossed over into despotism. “Soft” verges on “hard” when myriad organs of the state — from the IRS to local zoning departments — can persecute and prosecute citizens on almost any pretext. The only saving grace is that the victims of America’s “soft” despotism still have recourse to the courts and sometimes find relief there.

REFINING THE TAXONOMY

These statements implicate several political issues:

1. Toward what social and economic outcomes ought human endeavor be aimed? The “aiming” need not be deliberate but, rather, the natural result of voluntary, cooperative action in accord with social norms.

2. Who should determine social norms, and how?

3. What behaviors should obtain?

4. How should norms be enforced?

5. What is the proper role of the state?

6. When the norms and actions of the people and the state are in conflict, how should the conflict be resolved?

7. Who benefits from the imposition of norms by the state, and who is harmed by those impositions?

8. Who should pay for functions of the state?

9. What should happen when the state exceeds its authority?

10. With respect to the foregoing matters, how should dissent acknowledged and accommodated?

The answers to those questions lead to a taxonomy in which Minarchism is divided into Right-Minarchism (the traditional conservative stance, fleshed out with its implications for governance), and Left-Minarchism. Statism is divided into Left-Statism and Right-Statism. I leave Despotism and Anarchism intact. Both stances have nuances, but both are baleful enough without being proliferated.

The following table delineates each of the six philosophies in terms of the ten questions listed above. I have placed Anarchism last, not only for convenience but also because it is the least probable of the six options.

Taxonomy of political philosophies

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Related posts (mainly about America’s slide into statism and despotism, and the consequences thereof):
Unintended Irony from a Few Framers
Freedom of Contract and the Rise of Judicial Tyranny
The Constitution in Exile
What Is the Living Constitution?
True Federalism
FDR and Fascism
The Ruinous Despotism of Democracy
The Ruinous Despotism of Democracy
The People’s Romance
Intellectuals and Capitalism
Fascism
What Happened to Personal Responsibility?
Democracy and Liberty
The Interest-Group Paradox
Utilitarianism vs. Liberty
Fascism and the Future of America
The Real Constitution and Civil Disobedience
The Near-Victory of Communism
Tocqueville’s Prescience
Accountants of the Soul
Invoking Hitler
The Left
The Constitution: Original Meaning, Corruption, and Restoration
The Divine Right of the Majority
Our Enemy, the State
Does the Power to Tax Give Congress Unlimited Power?
“Intellectuals and Society”: A Review
Does Congress Have the Power to Regulate Inactivity?
The Left’s Agenda
The Meaning of Liberty
Understanding Hayek
The Left and Its Delusions
A Declaration of Civil Disobedience
Crimes against Humanity
Abortion and Logic
The Myth That Same-Sex “Marriage” Causes No Harm
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Some Thoughts and Questions about Preemptive War
Society and the State
Defense as an Investment in Liberty and Prosperity
Our Perfect, Perfect Constitution
Abortion, Doublethink, and Left-Wing Blather
Reclaiming Liberty throughout the Land
Abortion, “Gay Rights,” and Liberty
Don’t Use the “S” Word When the “F” Word Will Do
Liberty and Society
The Eclipse of “Old America”
The Capitalist Paradox Meets the Interest-Group Paradox
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Is Taxation Slavery?
A Contrarian View of Universal Suffrage
Well-Founded Pessimism
Restoring Constitutional Government: The Way Ahead
Estimating the Rahn Curve: Or, How Government Spending Inhibits Economic Growth
America’s Financial Crisis Is Now
Defining Liberty
Conservatism as Right-Minarchism
The World Turned Upside Down
Secession Made Easy
More about “Secession Made Easy”
A Better Constitution
Progressive Taxation Is Alive and Well in the U.S. of A.
“Social Insurance” Isn’t Insurance — Nor Is Obamacare
“We the People” and Big Government
The Culture War
Defense Spending: One More Time
The Pseudo-Libertarian Temperament (see also the links at the bottom)

Getting It Almost Right

Philosopher Matt Zwolinski writes:

…Libertarians do not deny the importance of community any more than they deny the importance of moral virtue. What they deny is the necessity or appropriateness of centralized state coercion in bringing about either.

The libertarian vision of a society is one of free and responsible individuals, cooperating on their own terms for purposes of mutual benefit. It is a vision that draws its support from a wide variety of moral and empirical beliefs with deep roots in the public political culture. And it is one that contemporary critics of the market would do well to take much more seriously.

Here’s the rub: Zwolinkski seems to assume that just any old moral beliefs will support a “society … of free and responsible, individuals, cooperating on their own terms for purposes of mutual benefit.” But there are moral beliefs that do not support such a society. Where do we find such beliefs? Right here in the U.S. of A., among many places.

There are whole cultures that foment disrespect for and violence toward others, even fellow adherents of the culture. There are whole cultures that disparage responsibility and tear down those who venture to practice it. And instead of acting to diminish the influence of those cultures, the government of the United States, abetted by its leftist adjuncts, has sheltered them from criticism and, instead, turned against the nominally dominant culture that fosters responsibility, respect, and civility.

A while ago, I listed some criteria for a moral code that supports liberty. The list follows, with comments added in boldface:

1. A code must be socially evolved, not imposed by the state. (Though the state may enforce a moral code that reflects social norms.) Norms in the U.S. have been subverted by state sponsorship of easy divorce, abortion, illegitimacy, and pornography — to name some.

2. A code that fosters beneficent behavior must conform to the Ten Commandments, or to the last six of them, at least. See #1.

3. Those who dissent from the code must be able to voice their dissent; otherwise, the code ceases to be socially evolved…. The voices of dissent have been muffled by campus speech codes and dominant left wing of the media. Dissent is characterized as “extremist” and “loony.” Leading politicians are cheerleaders for the stifling of dissent, and have succeeded in penalizing many who think “wrong” thoughts (“hate” crimes) and too openly express their opposition to state-sponsored social change (prosecutions under the “equal rights” mantra).

4. Those who cannot abide the code must be able to exit society’s jurisdiction, without penalty. See #7.

There is more, if a society is part of a larger polity.

5. That polity is illegitimate if it overrides the otherwise legitimate moral codes of its constituent societies. See #3.

6. That polity is illegitimate if it honors inimical moral codes, either overtly or by making acts of obeisance to them…. See #3.

7. That polity is illegitimate if, in overriding those moral codes, it effectively negates voice and exit. (This has happened in America, where we are hostages in our own land.) See this post for more.

Zwolinski admits that libertarianism, as envisioned by most libertarians, is a hollow shell. What he fails to admit is that the hollow shell can be filled with moral precepts — both evolved and state-imposed — that suppress liberty. One need not look beyond these shores to find such suppression.

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Related posts:
Refuting Rousseau and His Progeny
Libertarianism, Marriage, and the True Meaning of Family Values
The Consequences of Roe v. Wade
The Old Eugenics in a New Guise
The Left, Abortion, and Adolescence
Moral Luck
Consider the Children
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
Law, Liberty, and Abortion
Equal Time: The Sequel
Marriage and Children
Abortion and the Slippery Slope
More on Abortion and Crime
Peter Singer’s Agenda
Parenting, Religion, Culture, and Liberty
Singer Said It
A “Person” or a “Life”?
A Wrong-Headed Take on Abortion
Crime, Explained
“Family Values,” Liberty, and the State
Intellectuals and Capitalism
Civil Society and Homosexual “Marriage”
Rawls Meets Bentham
The Left
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
“Intellectuals and Society”: A Review
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
The Left’s Agenda
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
On Self-Ownership and Desert
In Defense of Marriage
The Left and Its Delusions
Burkean Libertarianism
Crimes against Humanity
Abortion and Logic
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
The Myth That Same-Sex “Marriage” Causes No Harm
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Society and the State
Are You in the Bubble?
Legislating Morality
Legislating Morality (II)
Abortion, Doublethink, and Left-Wing Blather
Abortion, “Gay Rights,” and Liberty
Race and Reason: The Achievement Gap — Causes and Implications
Liberty and Society
Tolerance on the Left
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
“Conversing” about Race
Defining Liberty
“We the People” and Big Government
The Culture War

The Culture War

“Culture war” is a familiar term, but one that I hadn’t thought deeply about until a few days ago. I read something about abortion in which “culture war” occurred. The fog lifted, and I grasped what should have been obvious to me all along: The “culture war” isn’t about “culture,” it’s about morality and liberty. Rod Dreher, in the course of a premature paean to Barack Obama’s “diplomatic” approach to ideological strife, gets it right:

The source of our culture war is conflicting visions of what it means to be free and what it means to be an American – and even what it means to be fully human. More concretely, as Princeton’s Robert George has written, they have to do mainly “with sexuality, the transmitting and taking of human life, and the place of religion and religiously informed moral judgment in public life.” Because the cultural left and cultural right hold to irreconcilable orthodoxies on these questions, we find scant cultural consensus. That’s life in America. Unless we become a homogenous country, we will continue to struggle to live together, staying true to our deepest beliefs while respecting the liberty of others to stay true to their own. But we do not live in a libertarian Utopia. We can’t have it all. If, for example, courts constitutionalized same-sex marriage, as gay activists seek, that would have a ground-shaking effect on religious liberty, public schooling and other aspects of American life. Without question, it would intensify the culture war, as partisans of the left and right fight for what each considers a sacred principle. What irritates conservatives is the liberals’ groundless conceit that they fight from a values-neutral position, while the right seeks to impose its norms on others. Nonsense. Marriage was a settled issue until liberals began using courts to impose their moral vision on (so far) an unwilling majority. Who fired the first shot there? (“Obama Won’t End the Culture Wars,” RealClearPolitics, February 16, 2009)

And it doesn’t matter whether the unwilling are a majority or a minority. Just about everyone is a loser in the war against morality and liberty. 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.  As I observed some years ago, in connection with same-sex “marriage”:

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

“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. Dreher calls them liberals. 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.

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Related reading: Trevor Thomas, “The Laughable Liberal ‘Moral Imperative’,” American Thinker, December 1, 2013 Deborah C. Tyler, “Morality, Anti-Morality, and Socialism,” American Thinker, December 1, 2013 Related posts: Refuting Rousseau and His Progeny Libertarianism, Marriage, and the True Meaning of Family Values The Consequences of Roe v. Wade The Old Eugenics in a New Guise The Left, Abortion, and Adolescence Moral Luck Consider the Children Same-Sex Marriage “Equal Protection” and Homosexual Marriage Law, Liberty, and Abortion Equal Time: The Sequel Marriage and Children Abortion and the Slippery Slope More on Abortion and Crime Peter Singer’s Agenda Parenting, Religion, Culture, and Liberty Singer Said It A “Person” or a “Life”? A Wrong-Headed Take on Abortion Crime, Explained “Family Values,” Liberty, and the State Intellectuals and Capitalism Civil Society and Homosexual “Marriage” Rawls Meets Bentham The Left Perry v. Schwarzenegger, Due Process, and Equal Protection Rationalism, Social Norms, and Same-Sex “Marriage” “Intellectuals and Society”: A Review Our Enemy, the State Pseudo-Libertarian Sophistry vs. True Libertarianism The Left’s Agenda More Pseudo-Libertarianism More about Conservative Governance The Meaning of Liberty Positive Liberty vs. Liberty On Self-Ownership and Desert In Defense of Marriage The Left and Its Delusions Burkean Libertarianism Crimes against Humanity Abortion and Logic True Libertarianism, One More Time Human Nature, Liberty, and Rationalism Utilitarianism and Psychopathy The Myth That Same-Sex “Marriage” Causes No Harm The Spoiled Children of Capitalism Politics, Sophistry, and the Academy Subsidizing the Enemies of Liberty Libertarianism and Morality Libertarianism and Morality: A Footnote Society and the State Are You in the Bubble? Legislating Morality Legislating Morality (II) Abortion, Doublethink, and Left-Wing Blather Abortion, “Gay Rights,” and Liberty Race and Reason: The Achievement Gap — Causes and Implications Liberty and Society Tolerance on the Left The Eclipse of “Old America” Genetic Kinship and Society Liberty as a Social Construct: Moral Relativism? Defending Liberty against (Pseudo) Libertarians “Conversing” about Race Defining Liberty “We the People” and Big Government

Conservatism as Right-Minarchism

W. Winston Elliott III delivers an apt appreciation of Russell Kirk and conservatism:

[Kirk’s The Conservative Mind] does not supply its readers with a “conservative ideology”: for the conservative abhors all forms of ideology. An abstract rigorous set of political dogmata: that is ideology, a “political religion,” promising the Terrestrial Paradise to the faithful; and ordinarily that paradise is to be taken by storm. Such a priori designs for perfecting human nature and society are anathema to the conservative, who knows them for the tools and the weapons of coffeehouse fanatics.

For the conservative, custom, convention, constitution, and prescription are the sources of a tolerable civil social order. Men not being angels, a terrestrial paradise cannot be contrived by metaphysical enthusiasts; yet an earthly hell can be arranged readily enough by ideologues of one stamp or another. Precisely that has come to pass in a great part of the world, during the twentieth century.

Edward Feser puts it this way:

Tradition, being nothing other than the distillation of centuries of human experience, itself provides the surest guide to determining the most rational course of action. Far from being opposed to reason, reason is inseparable from tradition, and blind without it. The so-called enlightened mind thrusts tradition aside, hoping to find something more solid on which to make its stand, but there is nothing else, no alternative to the hard earth of human experience, and the enlightened thinker soon finds himself in mid-air…. But then, was it ever truly a love of reason that was in the driver’s seat in the first place? Or was it, rather, a hatred of tradition? Might the latter have been the cause of the former, rather than, as the enlightened pose would have it, the other way around?) (“Hayek and Tradition“)

As for conservative governance, I turn to Michael Oakeshott:

To some people, ‘government’ appears as a vast reservoir of power which inspires them to dream of what use might be made of it. They have favourite projects, of various dimensions, which they sincerely believe are for the benefit of mankind, and to capture this source of power, if necessary to increase it, and to use it for imposing their favourite projects upon their fellows is what they understand as the adventure of governing men. They are, thus, disposed to recognize government as an instrument of passion; the art of politics is to inflame and direct desire….

Now, the disposition to be conservative in respect of politics reflects a quite different view of the activity of governing. The man of this disposition understands it to be the business of a government not to inflame passion and give it new objects to feed upon, but to inject into the activities of already too passionate men an ingredient of moderation; to restrain, to deflate, to pacify and to reconcile; not to stoke the fires of desire, but to damp them down….

It is not, then, mere stupid prejudice that disposes a conservative to take this view of the activity of governing; nor are any highfalutin metaphysical beliefs necessary to provoke it or make it intelligible. It is connected merely with the observation that where activity is bent upon enterprise the indispensable counterpart is another order of activity, bent upon restraint, which is unavoidably corrupted (indeed, altogether abrogated) when the power assigned to it is used for advancing favourite projects. An ‘umpire’ who at the same time is one of the players is no umpire; ‘rules’ about which we are not disposed to be conservative are not rules but incitements to disorder; the conjunction of dreaming and ruling generates tyranny.

Political conservatism is, then, not at all unintelligible in a people disposed to be adventurous and enterprising, a people in love with change and apt to rationalise their affections in terms of ‘progress’…. Indeed, a disposition to be conservative in respect of government would seem to be pre-eminently appropriate to men who have something to do and something to think about on their own account, who have a skill to practise or an intellectual fortune to make, to people whose passions do not need to be inflamed, whose desires do not need to be provoked and whose dreams of a better world need no prompting. Such people know the value of a rule which imposes orderliness without irecting enterprise, a rule which concentrates duty so that room is left for delight…. (“On Being Conservative,” Rationalism in Politics and Other Essays, New and Expanded Edition., pp. 431-5)

Now, returning to Kirk, I redact his six “canons” of conservatism to conform to my “canons” of right-minarchism:

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

Religion isn’t necessary to right-minarchism, though neither is it ruled out. Basic religious precepts (as in the Ten Commandments) form the moral foundation of civil society, which depends not so much on orders and classes as it does on order (as opposed to lawlessness) and respect for the persons and property of others. There is little else on which to differ with Kirk.

Therefore, in my taxonomy of politics, Kirk’s conservatism is located in right-minarchism — which is a distinct branch of libertarianism. Right-minarchism rejects the nihilism and strident anti-religionism which are rampant in strains of libertarianism, namely, anarchism and left-minarchism. Anarchists and left-minarchists believe, foolishly, that liberty is to be found in the rejection of order and social norms. Liberty would be the first victim of the brave new disorder that they wish for.

So, here’s to right-minarchism, the nexus of true conservatism and true libertarianism.

*     *     *

Related posts:
Democracy and Liberty
Parsing Political Philosophy
Is Statism Inevitable?
Inventing “Liberalism”
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Law and Liberty
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
The Near-Victory of Communism
Tocqueville’s Prescience
Accountants of the Soul
“Natural Rights” and Consequentialism
Rawls Meets Bentham
Is Liberty Possible?
The Left
More about Consequentialism
Line-Drawing and Liberty
The Divine Right of the Majority
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Liberty, Equality, Fraternity: Part I
Bounded Liberty: A Thought Experiment
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
Facets of Liberty
Burkean Libertarianism
Rights: Source, Applicability, How Held
What Is Libertarianism?
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
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
Fighting Modernity
The Barbarians Within and the State of the Union
Defining Liberty