Assuming a Pretzel-Like Shape

Will Wilkinson — of whom I’ve written many times (e.g., here) — twists his brain into a pretzel-like shape while trying to reconcile libertarianism with what he calls neoclassical liberalism. In essence, Wilkinson and his ideological allies have concocted an after-the-fact justification for the past 80 years of governance in the United States. That is to say, they prefer a fascistic nanny state to a truly libertarian regime, but can’t bring themselves to admit it. So they concoct “libertarian” arguments for “positive liberty” and “social justice,” which necessarily require the state to shrink the zone of true liberty — negative liberty — until it vanishes.

Cato, the Kochs, and a Fluke

If you follow the libertarian sector of the blogosphere, as I do, you will have noted the recent dominance of two controversies: the future of Cato Institute and the subsidization of contraceptives. In the matter of Cato, it seems that the Koch brothers want to take control of Cato for the purpose of making it more “relevant” to current political issues, much to the universal dismay of the libertarians commentators whose opinions I have read. In the matter of contraceptives, it seems that the testimony of Sandra Fluke, a Georgetown University law student, has fostered libertarian-conservative agreement in opposition to Ms. Fluke’s whining plea for mandated insurance coverage of contraception (e.g., here and here).

I will not bother to recite the history of the controversies, nor will I try to summarize what various writers have said about them. If you are unfamiliar with either or both of them, start here and here, then follow the links therein. My modest aim is to show how the controversies reveal a link between left-libertarianism and the subsidization of contraceptives.

I therefore turn to Will Wilkinson, a former denizen of Cato who has described himself as a “liberaltarian.” What is a “liberaltarian”? I refer to myself:

In “More Pseudo-Libertarianism,” I say that I must come up with a new name for left-libertarians, inasmuch as they are not really libertarians. Some of them have tried “liberaltarian,” an amalgam of (modern) “liberal” and “libertarian.” To be a “liberaltarian” (with a straight face), one must believe that leftists are willing to abandon their pursuit of all-encompassing government and join left-libertarians in their pursuit of absolute fairness (by whose standards?) in economic and social outcomes. Leftists seek the latter objective, but will never be persuaded to drop the former one.

All of which suggests that  a left-libertarian is really a (witting or unwitting) collaborationist: an intellectual Vichyite or, in the parlance of the 1950s, a fellow traveler or comsymp (communist sympathizer).

Comsymp has a certain ring. Perhaps “libsymp” is what I’m looking for. I’ll give it a try.

Anyhow, the libsymp named Will Wilkinson seems to have a (libsymp-related) grievance against Cato, which is evident in his commentary about the Cato-Koch affair; for example:

Suppose Cato, without changing anything at all about its ideological orientation, were to focus more energy on some issues currently of interest to both groups like AFP [Americans for Prosperity] and groups like, say, the ACLU or Amnesty International? I think there’s a plausible argument that this would lead Cato to deliver greater libertarian bang for its donors’ bucks, while possibly even improving its non-partisan reputation.

Now, I’m not sure I buy this argument. I tend to think that a greater focus on practical political relevance would tend to exert a subtle pressure on Cato’s analysts to take it relatively easy on perceived allies when they do and say things harmful to liberty. Indeed, this pressure already exists, and it wouldn’t be a good idea to increase it, since it’s already biased toward the right. The legacy of right-fusionism has been to desensitize many libertarians to the inherently liberty-limiting aspects of social conservativism, and to reduce many self-described libertarians to acting primarily as cheerleaders for the economic agenda of “free-market” reactionaries….

For folks outside the Beltway, for whom the Cato staff are complete strangers, Cato looks like part of the right, if an odd one. There’s a reason David Boaz [Cato’s executive VP] is always complaining about newspapers identifying Cato as a “conservative” think tank, and it’s not just that David Boaz likes to complain. Just ask yourself how Cato’s work could have been more congenial to the GOP during George W. Bush’s failed attempt to reform Social Security, or during the failed attempt to block Obamacare? Cato obviously already is in the politically-relevant intellectual ammo business. And in actual large-stakes political fights in Washington, Cato is generally on the Republican side. It would not be strange to spot a Catoite at Grover Norquist’s infamous Wednesday morning meetings. Because Cato functions as part of the right.

It’s tempting to think that Cato almost never does anything to help the Democrats largely because it’s just too far to the left of the Democratic Party on foreign policy and civil liberties. Yet Cato is equally far to the “right” of the Republican Party on economic policy, welfare policy, education policy, and lots more. Social Security privatization is a forced savings program. School vouchers and/or education tax credits are taxpayer-funded education. Lower income-tax rates concede the income tax. Again and again Cato finds a way to settle on non-ideal, “second-best” economic, welfare, and education policies, and argue for them in away that provides “ammo” to the right. But it very rarely develops compromising second-best policies on foreign policy or civil liberties that would be of any practical use to dovish or civil-libertarian Democrats. Why not? Why was coming out in favor of gay marriage more controversial at Cato (the state shouldn’t be involved in marriage at all!) than coming out in favor of school vouchers (the state shouldn’t be involved in education at all!)? Why not a bigger institutional push for medical marijuana as a second-best, nose-under-the-tent alternative to outright legalization? The fact is that Cato has so deeply internalized the ethos of the venerable right-fusionist alliance that there is almost no hope of it functioning on the whole in a truly non-partisan way. I think its status-quo reputation reflects that.

I reproduced that much of Wilkinson’s post just to give you an idea of the depth of his animus toward the Cato of Ed Crane‘s making. A particular aspect of Wilkinson’s “indictment” bears on the thesis of this post. It does not take much reading between the lines to detect Wilkinson’s embrace of “positive liberty,” which is the antithesis of liberty. He spells it out more explicitly here:

[F]reedom has a number of meanings, and one of them is “ability to do stuff.”… Persons, natural or legal, are either coerced or they aren’t. Mugged people with fat wallets aren’t coerced or wrongly interfered with more than mugged people with thin wallets. They just lose more money. That conservatives and libertarians always ultimately do treat tax increases as losses of freedom suggests to me that they’re really proponents of positive liberty after all, but haven’t thought the implications through. In that case, they’re right to see growth as a matter of freedom. But then they’re also are quite wrong to think that a well-functioning welfare state isn’t a matter of freedom.

There you have it. Wilkinson — like other left-libertarians — hews to a key tenet of modern “liberalism,” which is that people are not really free unless they have a certain measure of economic wherewithal. The taking of income by taxation, in Wilkinson’s view, is morally equivalent to a lack of income.

This left-libertarian (and “liberal”) view of the world depends on the slippery use of the term “coercion.” The taking of something from a person by force or the threat of force is coercion. Taxation is coercion, and resistance to taxation is not a plea for “positive liberty.” On the other hand, there is no coercion when a person is “forced” to accept a standard of living that is arbitrarily deemed sub-standard simply because that person does not earn enough “to do stuff,” according to the arbiter’s standards of what “stuff” a person needs “to do.”

There is, in sum, no moral distance between the left-libertarian and “liberal” worldviews, both of which favor “positive liberty.” What kind of and how much “positive liberty” should be doled out are merely matters of taste. The likeness of left-libertarianism and “liberalism” reminds me of this famous anecdote:

A man asks a woman if she would be willing to sleep with him if he pays her an exorbitant sum. She replies affirmatively. He then names a paltry amount and asks if she would still be willing to sleep with him for the revised fee. The woman is greatly offended and replies as follows:

She: What kind of woman do you think I am?

He: We’ve already established that. Now we’re just haggling over the price.

Which brings me, at last, to Sandra Fluke, who has established what kind of person she is, and is just haggling over the price.

Related posts:
The Causes of Economic Growth
Positive Rights and Cosmic Justice
A Short Course in Economics
Fascism with a “Friendly” Face
Democracy and Liberty
The Interest-Group Paradox
Addendum to a Short Course in Economics
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Fascism and the Future of America
The Indivisibility of Economic and Social Liberty
The Constitution: Original Meaning, Corruption, and Restoration
Negative Rights
Negative Rights, Social Norms, and the Constitution
The Devolution of American Politics from Wisdom to Opportunism
The Near-Victory of Communism
Tocqueville’s Prescience
Accountants of the Soul
Invoking Hitler
Rawls Meets Bentham
The Left
Enough of “Social Welfare”
A True Flat Tax
The Case of the Purblind Economist
Youthful Wisdom
The Divine Right of the Majority
Our Enemy, the State
Social Justice
Taxing the Rich
More about Taxing the Rich
Positive Liberty vs. Liberty
More Social Justice
Luck-Egalitarianism and Moral Luck
Nature Is Unfair
Elizabeth Warren Is All Wet
“Occupy Wall Street” and Religion
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
What Is Bleeding-Heart Libertarianism?
The Morality of Occupying Private Property
In Defense of the 1%

A New Political Label

In “More Pseudo-Libertarianism,” I say that I must come up with a new name for left-libertarians, inasmuch as they are not really libertarians. Some of them have tried “liberaltarian,” an amalgam of (modern) “liberal” and “libertarian.” To be a “liberaltarian” (with a straight face), one must believe that leftists are willing to abandon their pursuit of all-encompassing government and join left-libertarians in their pursuit of absolute fairness (by whose standards?) in economic and social outcomes. Leftists seek the latter objective, but will never be persuaded to drop the former one.

All of which suggests that  a left-libertarian is really a (witting or unwitting) collaborationist: an intellectual Vichyite or, in the parlance of the 1950s, a fellow traveler or comsymp (communist sympathizer).

Comsymp has a certain ring. Perhaps “libsymp” is what I’m looking for. I’ll give it a try.

The Meaning of Liberty

If you were a physicist who was writing about Einstein’s special theory of relativity, would you bother to list the ways in which non-physicists define the concept? I doubt it.

But at least one of the bloggers at Bleeding Heart Libertarians — a new group blog whose eight contributors (thus far) are professors of law and/or philosophy — advances the proposition that “liberty” means whatever non-philosophers think it means. The contributor in question, Jason Brennan, justifies his preference by saying  that liberty “is a concept philosophers are interested in, but it’s a not a philosopher’s technical term.”

That may be so, but I would think that philosophers who are going to use a term that is central to the theme of their blog — the connection of libertarianism to social justice — would begin by searching for a relevant and logically consistent definition of liberty. Brennan, instead, casts a wide net and hauls in a list of seven popular definitions, one of which (negative liberty) has three sub-definitions. That may be a useful starting point, but Brennan leaves it there, thus implying that liberty is whatever anyone thinks it is.

His evident purpose in doing so is to leave the door open to a positive definition of liberty, while dismissing those who maintain that logic demands a negative definition of liberty. Consider Brennan’s list, which he calls partial and in which he uses “freedom” for “liberty”:

  1. Freedom as Absence of Obstacles: Someone is free to the extent that no obstacles impede her ability to do as she pleases.

    [a.] Freedom as Absence of Deliberate Interference: Someone is free to the extent that no one deliberately interferes with her ability to do as she pleases.
    [b.] Freedom as Absence of Interference: Someone is free to the extent that no one interferes with her ability to do as she pleases.
    [c.] Freedom as Absence of Wrongful Interference: Someone is free to the extent that no one wrongfully interferes with her ability to do as she pleases.

  2. Freedom as Capacity: Someone is free to the extent that she has the power, ability, capacity, or means to do as she pleases.
  3. Freedom as Autonomous SelfControl: Someone is free to the extent that she exhibits sufficient deliberative self-control, such that she is authentically the author of her actions.
  4. Freedom as Non-Domination: A person is free to the extent she is not subject to another person’s or group’s arbitrary will.
  5. Freedom as Moral Virtue: A person is free to the extent she has the power to recognize and act upon her moral obligations.
  6. Freedom as Absence of Pressure: A person is free to the extent she feels no social pressure to do anything.
  7. Freedom as Absence of Reasons: A person is free to the extent she has no grounds or reasons for making decisions.

And so on. Notice that 1a­–1c are just more specific version[s] of 1.

[A person who insists on using the politically correct “she” in place of the traditional and, in truth, gender-neutral “he” is likely to be a person who is driving toward an acceptable answer instead of the right answer.]

I am struck by the fact that none of the definitions offered by Brennan is a good definition of liberty (about which, more below). This suggests to me that Brennan and (possibly) the other contributors to Bleeding Heart Libertarianism will offer views about the connection of libertarianism and social justice that have nothing to do with liberty, but which merely reflect their various visions of preferred socioeconomic arrangements* and the uses (or non-uses) of state power in the attainment thereof. I therefore humbly suggest that the next order of business at Bleeding Heart Libertarianism ought to be a concerted effort to define the concept that is part of the blog’s raison d’etre.

To help Brennan & Co. in their quest, I offer the following definition of liberty, which is from the first post at this blog, “On Liberty“:

peaceful, willing coexistence and its concomitant: beneficially cooperative behavior

The problem with the definitions listed by Brennan should now be obvious. Those definitions focus on the individual, whereas the relevant definition of liberty is a social one. That is to say, one cannot address social justice and its connection to liberty unless liberty is viewed as a modus vivendi for a group of individuals. There is no such thing as the ability to do as one pleases — the dominant motif of Brennan’s list — unless

  • one lives in complete isolation from others, or
  • one lives in the company of others who are of identical minds, or
  • one rules others.

The first condition is irrelevant to the matter of social justice. The second is implausible. The third takes the point of view of a dictator, and omits the point of view of his subjects.

The implausibility of the second condition is critical to a proper understanding of liberty. Brennan says (in “Positive Liberty and Legal Guarantees“) that “[w]e often equate freedom with an absence of constraints, impediments, or interference.” In a political context (i.e., where two or more persons coexist), there are always constraints on the behavior of at least one person, even in the absence of coercion or force. Coexistence requires compromise because (I daresay) no two humans are alike in their abilities, tastes, and preferences. And compromise necessitates constraints on behavior; that is, compromise means that the parties involved do not do what they would do if they were isolated from each other or of like minds about everything.

In sum, “peaceful, willing coexistence” does not imply “an absence of constraints, impediments, or interference.” Rather, it implies that there is necessarily a degree of compromise (voluntary constraint) for the sake of “beneficially cooperative behavior.” Even happy marriages are replete with voluntary constraints on behavior, constraints that enable the partners to enjoy the blessings of union.

The specific landscape of liberty — the rights and obligations of individuals with respect to one another — depends on the size and composition of the social group in question. It is there that the question of positive vs. negative liberty (really positive vs. negative rights) takes on importance. I will tackle that question in a future post.


* Sure enough, only a few hours after I posted this, we hear from the newest recruit to Bleeding Heart Libertarianism, Roderick Long (a left-libertarian whom I have addressed before). Long’s is a left-libertarian because he is against state power but, at the same time, against outcomes that can occur in the absence of state power:

On the one hand, I’m committed to libertarianism in a fairly standard sense: self-ownership, the non-aggression principle, Lockean homesteading, private property, and free markets. On the other hand, I’m committed to a fairly standard set of traditionally leftist concerns, including opposition to such social evils as worker exploitation, plutocratic privilege, racism, homophobia, gender inequality, militarism, environmental degradation, and the prison-industrial complex. (Call them all “oppression” for short.)

“Worker exploitation” is what happens when workers and employers are free to agree about the terms and conditions of employment, which is good for competent, productive workers and bad for incompetent, unproductive ones (the ones that unions protect). “Plutocratic privilege” is bad only if it is the result of crony capitalism; otherwise, it is merely a case of well-to-do individuals enjoying the fruits of what they have earned. “Racism” is a inescapable aspect of human nature, and it cuts in all directions; typical efforts to compensate for it result in the theft of property rights and the hiring and promotion of less-qualified persons. “Homophobia” is a personal choice, and efforts by the state to squelch it will surely result in the theft of property rights and denial of freedom of speech. “Gender inequality” is mostly a figment of the imagination of leftists who always fail to take into account differences in age, experience, and aptitude when lamenting the fact that women generally earn less than men and are “underrepresented” in certain occupations. “Militarism” is what has kept many a Roderick Long from going to the concentration camps of Nazi Germany and the gulags of Soviet Russia. “Environmental degradation” is vastly overrated, to the point where Americans pay more for a lot of things than they should (oil among them), and is becoming an excuse for prohibitively costly and needless regulations aimed at fighting a myth and scientific fraud: anthropogenic global warming. The “prison-industrial complex” has, in fact, kept violent criminals off the streets and led to a reduction in the rate of violent crimes.

I am surprised that Long doesn’t have “universal health care” and “living wage” on his list.

Roderick Long is to libertarianism as Adolf Hitler was to capitalism. Long wants a stateless world, but only if the “free” people in it have “correct” attitudes and beliefs.

Libertarian Conservative or Conservative Libertarian?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Orders and classes result naturally from spontaneous order,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What could be more conservative?

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

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