Paradoxes Abound

I have written several posts about political and economic paradoxes in the past 18 years. Here are the highlights (with some commentary).

The paradox of libertarianism:

 Liberty rests on an agreed definition of harm, and on an accompanying agreement to act with mutual restraint and in mutual defense. Given the variety of human wants and preferences, the price of mutual restraint and mutual defense is necessarily some loss of liberty. That is, each person must accept, and abide by, a definition of harm that is not the definition by which he would abide were he able to do so. But, in return for mutual restraint and mutual defense, he must abide by that compromise definition.

That insight carries important implications for the “anything goes” or “do your own thing” school of pseudo-libertarianism. That school consists of those libertarians who believe that harm is in the mind of the doer, or who believe that they can define harm while standing on the outside of society looking in. Thus they proclaim abortion and same-sex “marriage” (among other things) to be harmless — just because they favor abortion and same-sex “marriage” or cannot see the harm in them.

I am therefore a conservative libertarian.

  • Conservative because voluntarily evolved social norms are binding and civilizing, and therefore should not be dismissed out of hand or altered peremptorily.
  • Libertarian in a minarchistic way. The urge to power makes a state inevitable; the best state is therefore the one that only defends its citizens from predators, domestic and foreign.

A non-paradox for libertarians:

What if a society’s transition from a regulatory-welfare regime to a regime of liberty were to result in losers as well as winners? How could one then justify such a transition? Must the justification rest on an intuitive judgment about the superiority of liberty? Might the prospect of creating losers somehow nullify the promise of creating winners?

I argue … that my justification for libertarianism — although it is of the consequentialist-utilitarian variety — rests on a stronger foundation than an intuitive judgment about the superiority of liberty…. The virtue of libertarianism … is not that it must be taken on faith but that, in practice, it yields superior consequences. Superior consequences for whom, you may ask. And I will answer: for all but those who don’t wish to play by the rules of libertarianism; that is, for all but predators and parasites.

By predators, I mean those who would take liberty from others, either directly (e.g., through murder and theft) or through the coercive power of the state (e.g., through smoking bans and licensing laws). By parasites, I mean those who seek to advance their self-interest through the coercive power of the state rather than through their own efforts (e.g., through corporate welfare and regulatory protection)….

[A] transition to liberty might not instantly make everyone better off … but everyone could be better off. That’s simply not the case with the regulatory-welfare state, which robs some for the benefit of others, and ends up making almost everyone poorer than they would be in a state of liberty.

Liberty is a win-win proposition for everyone except those who deserve to lose.

The interest-group paradox:

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

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

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

You may believe that a particular program is worth what it costs… The problem is millions of your fellow Americans believe the same thing about each of their favorite programs. Because there are thousands of government programs (federal, State, and local), each intended to help a particular class of citizens at the expense of others, the net result is that almost no one in this fair land enjoys a “free lunch.” Even the relatively few persons who might seem to have obtained a “free lunch” — homeless persons taking advantage of a government-provided shelter — often are victims of the “free lunch” syndrome….

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

The interest-group paradox has dominated American politics since the advent of “Progressivism” in the late 1800s. Today, most Americans are either “progressives” or victims of “progressivism”. All too often they are both.

The capitalist paradox meets the interest-group paradox:

An insightful post at Imlac’s Journal includes this quotation:

Schumpeter argued the economic systems that encourage entrepreneurship and development will eventually produce enough wealth to support large classes of individuals who have no involvement in the wealth-creation process. This generates apathy or even disgust for market institutions, which leads to the gradual takeover of business by bureaucracy, and eventually to full-blown socialism. [Matt McCaffrey, “Entrepreneurs and Investment: Past, Present, … Future?,” International Business Times, December 9, 2011]

This, of course, is the capitalist paradox, of which the author of Imlac’s Journal writes. He concludes with these observations:

[U]nder statist regimes, people’s choices are limited or predetermined. This may, in theory, obviate certain evils. But as McCaffrey points out, “the regime uncertainty” of onerous and ever changing regulations imposed on entrepreneurs is, ironically, much worse than the uncertainties of the normal market, to which individuals can respond more rapidly and flexibly when unhampered by unnecessary governmental intervention.

The capitalist paradox is made possible by the “comfort factor” invoked by Schumpeter. (See this, for example.) It is of a kind with the foolishness of extreme libertarians who decry defense spending and America’s “too high” rate of incarceration, when it is such things that keep them free to utter their foolishness.

The capitalist paradox also arises from the inability and unwillingness of politicians and voters to see beyond the superficial aspects of legislation and regulation. In Bastiat‘s words,

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

The unseen effects — the theft of Americans’ liberty and prosperity — had been foreseen by some (e.g., Tocqueville and Hayek). But their wise words have been overwhelmed by ignorance and power-lust. The masses and their masters are willfully blind and deaf to the dire consequences of the capitalist paradox because of what I have called the interest-group paradox [see above].

The paradox that is Western civilization:

The main weakness of Western civilization is a propensity to tolerate ideas and actions that would undermine it. The paradox is that the main strength of Western civilization is a propensity to tolerate ideas and actions that would strengthen it. The survival and improvement of Western civilization requires carefully balancing the two propensities. It has long been evident in continental Europe and the British Isles that the balance has swung toward destructive toleration. The United States is rapidly catching up to Europe. At the present rate the intricate network of social relationships and norms that has made America great will be destroyed within a decade. Israel, if it remains staunchly defensive of its heritage, will be the only Western nation still worthy of the name.

I wrote that almost five years ago. America network of social relationships and norms is (sadly) on schedule for destruction — unless there is a sharp and lasting turnaround in the governance of the country.

A paradox for (old-fashioned) liberals:

[A definition of old-fashioned liberalism is] given here by one Zack Beauchamp:

[L]iberalism refers to a school of thought that takes freedom, consent, and autonomy as foundational moral values. Liberals agree that it is generally wrong to coerce people, to seize control of their bodies or force them to act against their will….

Beauchamp, in the next paragraph, highlights the paradox inherent in liberalism:

Given that people will always disagree about politics, liberalism’s core aim is to create a generally acceptable mechanism for settling political disputes without undue coercion — to give everyone a say in government through fair procedures, so that citizens consent to the state’s authority even when they disagree with its decisions.

Which is to say that liberalism does entail coercion [how much is “undue” depends on whose ox is being gored]. Thus the paradox. (What is now called “liberalism” in America is so rife with coercion [link added] that only a person who is ignorant of the meaning of liberalism can call it that with a straight face.)

Socialism, communism, and three paradoxes:

The only substantive difference between socialism and communism, in theory, is that communism somehow manages to do away with the state. This, of course, never happens, except in real communes, most of which were and are tiny, short-lived arrangements. (In what follows, I therefore put communism in “sneer quotes”.)

The common thread of socialism and “communism” is collective ownership of “equity”, that is, assets (including the means of production). But that kind of ownership eliminates an important incentive to invest in the development and acquisition of capital improvements that yield more and better output and therefore raise the general standard of living. The incentive, of course, is the opportunity to reap a substantial reward for taking a substantial risk. Absent that incentive, as has been amply demonstrated by the tragic history of socialist and “communist” regimes, the general standard of living is low and economic growth is practically (if not actually) stagnant.

So here’s the first paradox: Systems that, by magical thinking, are supposed to make people better off do just the opposite: They make people worse off than they would otherwise be.

All of this because of class envy. Misplaced class envy, at that. “Capitalism” (a smear word) is really the voluntary and relatively unfettered exchange of products and services, including labor. Its ascendancy in the West is just a happy accident of the movement toward the kind of liberalism exemplified in the Declaration of Independence and Constitution. People were liberated from traditional economic roles and allowed to put their talents to more productive uses, which included investing their time and money in capital that yielded more and better products and services.

Most “capitalists” in America were and still are workers who make risky investments to start and build businesses. Those businesses employ other workers and offer things of value that consumers can take or leave, as they wish (unlike the typical socialist or “communist” system).

So here’s the second paradox: Socialism and “communism” actually suppress the very workers whom they are meant to benefit, in theory and rhetoric.

The third paradox is that socialist and “communist” regimes like to portray themselves as “democratic”, even though they are quite the opposite: ruled by party bosses who bestow favors on their protegees. Free markets are in fact truly democratic, in that their outcomes are determined directly by the participants in those markets.

The paradoxes and consequences of liberty and prosperity:

The soil in which the seeds of [America’s] decline were to be planted was broken in the Progressive Era of the late 19th and early 20th centuries. The seeds were planted and nourished by “leaders”, “intellectuals”, and “activists” from TR’s time to the present. The poisonous crop burst blossomed brightly in the 1930s and again in the 1960s, but it had not yet engulfed the land. It continued to spread slowly (and often unheeded) for several decades before racing across the land in recent years. Its poisonous vines are now strangling liberty and prosperity.

These are the paradoxes of liberty and prosperity: Without a moral foundation they lead to their own destruction.

If you value liberty, you do not countenance speech and actions that subvert it. If you value prosperity, you must be careful not to let it breed the kind of idleness (of mind and body) that gives rise to speech and actions that subvert liberty — and thus prosperity.

The Founders understood those things. They believed that the Constitution would preserve liberty and foster prosperity because they believed that Americans would remain religious and moral. They did not believe that Americans would undermine liberty by being soft on crime, by feeding masses (and elites) at the public trough (and at the expense of taxpayers), or by accommodating foreign aggression. They did not believe that Americans would countenance such things, nor that political leaders would suborn and join efforts to ostracize, suppress, and oppress those Americans who oppose such things.

The Founders, sadly, were wrong. The did not and could not foresee these events (and many more not mentioned):

    • A goodly fraction of Americans would spurn religion and become morally slack and complacent about the preservation of liberty.
    • Freedom of speech and assembly would be turned against liberty, to foster crime, lack of personal responsibility, and the accommodation of deadly enemies, within and without.
    • Firearms, always omnipresent in America for useful purposes, would become violent, murderous extensions of a growing tendency to toward psychological instability in a morally rootless populace.
    • Governments, political “elites”, and corporations would celebrate and reward (or fail to punish) persons based on the color of their skin (as long as it isn’t white or “yellow”)*, their pro-constitutional political views (which “exonerate” many whites), and their sex (preferably female or confused).
    • Abortion would become legal and support for abortion would be openly and boastfully proclaimed by political leaders and “elites”. Unborn human beings would be disposed of as inconveniences and treated like garbage.
    • Parents would lose control of the upbringing of their children, who might be cajoled into psychologically devastating treatments and surgeries by teachers and others under the rubric of “gender-affirming care”.
    • Women and girls would be forced to room with, shower with, and compete against males who “identify” as females (or “other”).
    • Intelligence and superior (non-athletic) skills would be denounced as unfair and “white supremacist” (with Asians counting as white).
    • Lawlessness and pathological deviancy would be rewarded (or not punished).
    • Leading politicians and “activists” would bay and howl for the confiscation of arms, under the rubric of “gun control”, when the underlying problem isn’t gun ownership by moral and mental depravity.
    • Political “leaders” would enable and allow a virtual invasion of the country, despite its negative consequences for the “little people” whom those “leaders” and other “elites” claim to champion.
    • The national government (and many others) would ignore science and invoke pseudo-science to force Americans into isolation, disrupt the economy, and burden the poorest Americans because of a virus that would have run its course naturally and less destructively than had it been combated scientifically.
    • The national government (and many others) would ignore science and invoke pseudo science to make Americans (especially poor Americans) poorer in an unnecessary and futile quest to “save the planet” from the use of fossil fuels, fertilizers, and other productive substances that the majority of the world’s populace will not refrain from using. (Regarding the state of science, see Maggie Kelly’s, “Professors Publish ‘Controversial’ Paper Defending Merit in Science”, The College Fix, May 2, 2023.)
    • Prosperity — a fruit of liberty — would foster the moral softness and the mental laxity that gives rise to addle-pated schemes such as those outlined above.
    • Vast numbers of Americans — having been indoctrinated in public schools, in left-dominated universities, and by the Democrat-allied media — would believe and subscribe to such schemes, which are made palatable by the application of double-speak labels to them (e.g., “defense of the homeland”, “combating misinformation”, “following the science”).
    • Government officials, including law-enforcement officers, would collude with and encourage the press and other purveyors of “information” to distort and suppress facts about much that is alluded to above, to discredit and hound a president (Trump) who opposed them, and to help elect and protect possibly the most corrupt president in America’s history (Biden) because it is through him that the left’s agenda is being implemented.
    • All of this (and more) would occur because almost-absolute power would accrue to the morally (and sometimes venally) corrupt politicians and their powerful enablers who advance and enforce such schemes.

….

In the best of possible worlds, there would be a voluntary return to something much closer to the America that the Founders envisioned. (Even a return to the post-New Deal 1940s and 1950s would do.) …

I don’t mean something like the turnaround in the House of Representatives following the elections of 1994 and 2010 (GOP gains of 12 and 15 percent). I mean something like the turnaround of 1930-1932 (total Democrat gains of 91 percent). In the wake of that turnaround, Democrats went on to control the House for the next 60 years (except for a post-World War II reaction of two years).

But the mass rejection of the GOP in 1930 and 1932 was a consequence of an economic upheaval, the Great Depression, that hit vast numbers of Americans and hit them suddenly and hard where it hurts: in the pocketbook. The policies that are now engulfing the land, onerous as they may be, are insidious by comparison — and are practically ignored or touted as “good things” by most media (including “entertainment” media).

Moreover, “woke” America is the laughing-stock of its enemies. And too weak [under the present regime] to stare them down. The growing unwillingness and inability of America’s “leaders” to deter and fight enemies really doesn’t matter to those enemies. In the end, the will to resist aggression and to accede to the wishes of aggressors depends on the will of the populace to stand together against aggression. That will, in turn, depends on broad (if not unanimous) allegiance to the survival and success of the nation.

There is no longer such an allegiance. The left hates what America long was and will not relent until that America is destroyed. The right hates what America is rapidly becoming at the hands of the left. A house divided against itself cannot stand.

I used to believe that an event that threatened the lives and livelihoods of all Americans would re-unite them. I no longer believe that.

I now believe that a national divorce — a negotiated partition of the nation — is a dire necessity. (Its precursor, a concerted secession, is legal under the Constitution.) It would allow a large fraction of Americans, perhaps half of them, to break free of the economic and social oppressions that emanate from Washington. It would also allow those same Americans to defend themselves against invaders from the south and overseas enemies instead of wasting their treasure on the left’s destructive agenda.

Absent a national divorce, everyone will go down with a sinking ship. Across the land there will be declining material comfort, rising criminality, rampant social acrimony, the suppression of views that threaten the grip of the ruling class, the oppression of persons who express those views, and a fascistic arrangement between politicians and favored corporations — those that subscribe to the quasi-religion of “climate change” and the “wokeness” that propels schemes that put skin color, sex (or lack of it), and other personal characteristics above truth, above merit, and above the rule of law.

Which leads me to promote “Can America Be Saved?“, if you haven’t yet read it.

Another Footnote about Anarchy

Seattle is what happens when the circle of anarchists is widened to include people who believe in force rather than dreamy abstractions about how private defense agencies can keep the peace. The problem — as realists like me have long noted — is that there are a lot of people who don’t believe in peace because it limits them to what the can earn honestly. And goes against their violent nature.


Related posts:

Anarchy: An Empty Concept
Anarchy, Minarchy, and Liberty
Friedman on Anarchy and Conservatism
A Few Thoughts about Anarchy
Extreme Libertarianism vs. the Accountable State
It’s the 1960s Redux
Apt Quotations for a Riot-Ridden Country
Anarchy: A Footnote

Anarchy: A Footnote

In “A Few Thoughts about Anarchy” I opined that if

anarchy were a viable option, it would have long since thrived. If it seems to have eked out a tenuous existence in isolated cases because of state sponsorship, isn’t that evidence of its inviability? And if it hasn’t thrived because statists of one kind and another have suppressed it, isn’t that also proof of its inviability? Call it a non-existence proof.

What we are now witnessing is the use of anarchy (enabled by left-statists) to strengthen the power of the central government. Blacks will get more handouts; more preferential treatment in hiring, promotions, college admissions, etc.; more suppression of speech that offends them (and white leftists), including facts about disparities in intelligence and violence; and more lenient treatment by police and courts (which will abet more violence by blacks). The rest of the populace will bear the costs, though affluent white leftists won’t care and will be glad of the consequences for middle- and low-income whites.

It is telling that some prominent left-statists (e.g., Nancy Pelosi) can’t bring themselves to denounce the movement to abolish police departments. What could better signify the symbiosis of left-statism and black privilege?

(See also “It’s the 1960s Redux” and “Apt Quotations for a Riot-Ridden Country“.)

A Few Thoughts about Anarchy

This light-hearted post is inspired by comments on “Extreme Libertarianism and the Accountable State“. I considered a long disquisition on the subject but decided that it (the subject) isn’t worth the effort.

Anarchy is a pipe dream. A state of one kind or another always exists or emerges, on a scale that ranges from the family unit to the globe-spanning empire.

If you are looking for a life in which you aren’t subject to another person — even one — you must be prepared to strike out on your own, go off the grid, and live entirely by your own wits and physical skills. If you want to take with you some things that you have acquired — things that were made by corporations that you might otherwise disdain because they are in bed with their regulators — be my guest. Sunk costs are sunk.

What about taking along a significant other or a close friend? Well, that might work if the person is your identical twin (assuming that an identical twin would share your psychological makeup). But, otherwise, you are setting yourself up for conflict. And if you value the other person emotionally or rely on his or her help to make your way through life, you will find yourself necessarily (and fairly often) acquiescing to that person; that is, being ruled by him or her in a way. Unless, of course, you are domineering and make the other person bow to your every wish, though that’s hardly in the spirit of anarchy, is it?

Oh, you’re not that kind of anarchist. You just want conflicts to be resolved and rules to be made locally rather than at some remove, so that you are a full participant in the resolution of conflicts and the making of rules. You can live with decisions with which you disagree as long as you have a direct hand in the making of them.

Well, I hate to break it to you, but that is no longer possible, and hasn’t been possible (in what is now the United States) since 1585. Yes, there is the occasional commune, and a few of them have lasted for more than 50 years. But they are the rare exceptions that prove the rule.

Small towns and villages? Well, they’re really in the same boat as the rare commune that doesn’t collapse like a soufflé after a few years. There’s nothing like the tyranny of small-town mores and ostracism. Even those (mythical) small towns and villages that are actually run in a participatory way — and not by local élites and power-mongers — are no more than microscopic nodes in the vast network of statutes, regulations, ordinances, codes, and judicial decrees that govern almost every economic transaction and far too many social transactions in the United States of America.

So, even a true believer in anarchy who actually wants to attain it must strive realistically. That means working hard just to contain (and occasionally curtail) the powers of the central government, State governments, and local governments. You won’t get far, but you will do more good than you will by preaching anarchy, which ain’t gonna happen and which only kooks like you believe in.

But maybe preaching anarchy gives you a lot of pleasure. So do other fruitless pursuits (e.g., this one), and they’re less frustrating.

P.S. If anarchy were a viable option, it would have long since thrived. If it seems to have eked out a tenuous existence in isolated cases because of state sponsorship, isn’t that evidence of its inviability? And if it hasn’t thrived because statists of one kind and another have suppressed it, isn’t that also proof of its inviability? Call it a non-existence proof. Case closed.

Extreme Libertarianism vs. the Accountable State

I left the following comment on a post at Policy of Truth:

[Another commenter] says “Most libertarians have their entire identity tied up in an a priori commitment to its never, ever being necessary or justified for the state to do anything like issuing and enforcing stay-at-home orders.” That nails it. Error and corruption are human traits, not just government traits. There is a fine line between too much government and not enough of it, and the line has been crossed in the wrong direction (too much) in many, many ways. But that doesn’t mean that there are no cases in which there isn’t enough government.

There’s a history behind my comment. It reflects a position that I staked out long ago (in blog time), and which I stated at length thirteen years ago, in “A Critique of Extreme Libertarianism“. The position is a rejection of the extreme libertarian (anarcho-capitalist) idea that the police and defense functions of government can be and should be provided by private defense agencies (i.e., security contractors). Here are some relevant excerpts (which include links to earlier posts in the same vein):

THE “GOOD” THAT ONLY A STATE CAN PROVIDE

… I have addressed that pipe-dream [private defense agencies] in several posts, including this one, in which I commented on an article by one Robert Murphy, who

assumes that if the vast majority of people agree that it’s wrong to use violence to settle disputes, then that won’t happen. Do the vast majority of people believe that it’s wrong to use violence to settle disputes? Perhaps, but it doesn’t take a vast majority to inject violence into a society; it takes only a relatively small number of renegades, who may be then be able to coerce others into condoning or supporting their criminal activities. . . .

What Murphy doesn’t entertain is the possibility that a small but very rich cabal could create a dominant defense agency that simply refuses to recongize other defense agences, except as enemies. In other words, there’s nothing in Murphy’s loose logic to prove that warlords wouldn’t arise. In fact, he soon gives away the game:

Imagine a bustling city, such as New York, that is initially a free market paradise. Is it really plausible that over time rival gangs would constantly grow, and eventually terrorize the general public? Remember, these would be admittedly criminal organizations; unlike the city government of New York, there would be no ideological support for these gangs.

We must consider that in such an environment, the law-abiding majority would have all sorts of mechanisms at their [sic] disposal, beyond physical confrontation. Once private judges had ruled against a particular rogue agency, the private banks could freeze its assets (up to the amount of fines levied by the arbitrators). In addition, the private utility companies could shut down electricity and water to the agency’’s headquarters, in accordance with standard provisions in their contracts.

Pardon me while I laugh at the notion that lack of “ideological support” for the gangs of New York would make it impossible for gangs to grow and terrorize the general public. That’s precisely what has happened at various times during the history of New York, even though the “law-abiding majority [had] all sorts of mechanisms at [its] disposal.” Murphy insists on hewing to the assumption that the existence of a law-abiding majority somehow prevents the rise a powerful, law-breaking minorities, capable of terrorizing the general public. Wait a minute; now he admits the converse:

Of course, it is theoretically possible that a rogue agency could overcome these obstacles, either through intimidation or division of the spoils, and take over enough banks, power companies, grocery stores, etc. that only full-scale military assault would conquer it. But the point is, from an initial position of market anarchy, these would-be rulers would have to start from scratch. In contrast, under even a limited government, the machinery of mass subjugation is ready and waiting to be seized.

Huh? It’s certainly more than theoretically possible for a “rogue agency” to wreak havoc. A “rogue agency” is nothing more than a fancy term for a street gang, the Mafia, or al Qaeda cells operating in the U.S. A “rogue agency” run by and on behalf of rich and powerful criminals — for their own purposes — would somehow be preferable to police forces and courts operated by a limited government that is accountable to the general public, rich and poor alike? I don’t think so. However much the American state engages in “mass subjugation” — and it does, to a degree — it is also held in check by its accountability to the general public under American law and tradition. A “rogue agency,” by definition, would be unbound by law and tradition.

Murphy’s analysis takes place in a land called “Erewhon.” He chooses to ignore the fact that he lives in the United States because he wasn’t a party to the Constitution. Yet that Constitution provides for a limited government, which in more than 200 years has yet to engage in systematic, mass subjugation of the kind practiced in the Third Reich and the Soviet Union, except in the case of slavery. And guess what? The American state ended slavery. How’s that for mass subjugation?

Anyone can conjure a Utopia, as Murphy has. But no one can guarantee that it will work. Murphy certainly hasn’t made the case that his Utopia would work.

In any event, by focusing on intra-societal violence Murphy ignores completely two crucial questions: (1) Can an anarchistic society effectively defend itself against an outside force? (2) Can it do so better than a society in which the state has a monopoly on the use of force with respect to outside entities? Murphy implies that the answer to both questions is “yes,” though he fails to explore those questions. Here is my brief answer: The cost of mounting a credible defense of the United States from foreign enemies probably would support only one supplier; that is, national defense is a natural monopoly. It is better for the American state — given its accountability to the general public — to be that supplier. . . .

A wasteful, accountable, American state is certainly preferable to an efficient, private, defense agency in possession of the same military might. Hitler and Stalin, in effect, ran private defense agencies, and look where that landed the Germans and Russians. Talk about subjugation.

THE STATE: AN INEVITABLE CREATURE OF SOCIETY

Contrary to Murphy and his ilk, there is no such thing as statelessness, at least not for groups larger than, say, hunter-gatherer bands or Hutterite colonies. Why? Because it is impossible for a group of more than a few dozen or a dozen-dozen persons to live together in pure consensus. In the end, a faction will dominate the group (a shifting faction, perhaps). And that faction will define harms that may be punished, punish those harms (i.e., administer justice), and take responsibility for the group’s defense.

The state is not a “thing” to be kept at bay; it is the mechanism by which a people enforces justice and defends itself against outsiders.The questions facing a group always are these: Upon what principles shall we found and guide the state, and to whom shall we entrust the the functions of the state?

Consider this:

A group of persons may be said to live in anarchy only if all of the rules that affect everyone in the group (e.g., where to live, how best to defend the group against predators) are made by unanimous, informed consent, which might be tacit. It follows, then, that a group might — by unanimous, informed consent — give a subset of its members the authority to make such decisions. The group’s members might delegate such authority, willingly and unanimously, because each member believes it to be in his or her best interest to do so. (The reasons for that belief might vary, but they probably would include the notion of comparative advantage; that is, those who are not in the governing subset would have time to pursue those activities at which they are most productive.) With a governing subset — or government — the group would no longer live in anarchy, even if the group remains harmonious and membership in it remains voluntary.

The government becomes illegitimate only when it exceeds its grant of authority and resists efforts to curb those excesses or to redefine the grant of authority. The passage of time, during which there are changes in the group’s membership, does not deligitimate the government as long as the group’s new members voluntarily assent to governance. Voluntary assent, as discussed above, may consist simply in choosing to remain a member of the group.

Now, ask yourself how likely it is that a group larger than, say, a nuclear family or a band of hunter-gatherers might choose to go without a government. Self-interest dictates that even relatively small groups will choose — for reasons of economy, if nothing else — to place certain decisions in the hands of a government.

All talk of anarchy as a viable option to limited government is nothing more than talk. Empty talk, at that.

EXTREME LIBERTARIANISM’S FATAL FLAW: THE “ANNE FRANK SYNDROME”

The political view that there should not be a state, if followed to its logical conclusion, would leave most Americans prey to the very real predators who lurk at home and abroad. Those very real predators care not one whit about non-aggression principles and contractual obligations, contrary to the assertions of Gustave de Molinari, a favorite of anarcho-capitalists, who wrote this:

Under a regime of liberty, the natural organization of the security industry would not be different from that of other industries. In small districts a single entrepreneur could suffice. This entrepreneur might leave his business to his son, or sell it to another entrepreneur. In larger districts, one company by itself would bring together enough resources adequately to carry on this important and difficult business. If it were well managed, this company could easily last, and security would last with it. In the security industry, just as in most of the other branches of production, the latter mode of organization will probably replace the former, in the end.

The “customers would not allow themselves to be conquered”? Tell that to those who pay gangsters for “protection,” and to the residents of gang-ridden areas. Molinari conveniently forgets that the ranks of “competitors” are open to those who, in their viciousness, will and do attack the persons and property of their rivals. If not everyone is honorable, as Molinari admits elsewhere in his essay, why would we expect private providers of security be honorable? Why would they not extort their customers while fighting each other? The result is bound to be something worse than life under an accountable state monopoly (such as we have in the U.S.) — something fraught with violence and fear. Think of The Roaring Twenties without the glossy coat of Hollywood glamour.

Molinari and his anarcho-libertarian descendants exhibit the Anne Frank syndrome. About three weeks before Frank and her family were betrayed and arrested, she wrote:

It’’s a wonder I haven’’t abandoned all my ideals, they seem so absurd and impractical. Yet I cling to them because I still believe, in spite of everything, that people are truly good at heart.

… Murphy, Molinari, and their ilk do not proclaim the jejune belief that all “people are truly good at heart,” yet they persist in the belief that the security can be achieved in the absence of an accountable state. That is, like Anne Frank, they assume — contrary to all evidence — that “people are truly good at heart.” But competition, by itself, does not and cannot prevent criminal acts.

Competition, to be beneficial, must be conducted within the framework of a rule of law. That rule of law must be enforced by a state which is accountable to its citizens for the preservation of their liberty. The present rule of law in the United States is far from perfect, but it is far more perfect than the alternative that is dreamt of by extreme libertarians.

THE PROPER LIBERTARIAN AGENDA

As I wrote here, extreme libertarianism

rests on invalid conceptions of human nature and the state. Contrary to the evidence of history, it presumes that no one would or could accrue and exercise enough power to flout the common law and treat other persons coercively. Contrary to the evidence of history — especially American history — it presumes that a properly constituted and governed state cannot increase the quotient of liberty.

There is no choice between anarchy and the state. Anarchy leads inexorably to coercion — except in a dreamworld. The real choice … is between the toughest guy on the block or a state whose actions are capable of redirection through our representative democracy.

The proper task at hand for American libertarians isn’t to do away with the state but to work toward a state that defends free markets, property rights, the common law, and freedom of contract.

Another task for American libertarians is to work toward devolution of power back to the individual States and, within the States, to the lowest possible level. The key to liberty is the ability of the individual to pick and choose among a variety of “experiments” in government. That is true federalism.

Anarcho-capitalism exemplifies a nirvana fallacy, in that it posits an unrealistic, unattainable alternative to the inevitable imperfections that accompany state rule. Anarchists have offered examples of “successful anarchies”, but the ones that I have seen have one thing in common: state sponsorship and protection (e.g., here).

Which leads me to an alternative (whose realism and attainability I will discuss) — a central government that is constrained to do the following:

  • Defend Americans and their overseas interests against foreign predators.
  • Ensure the free flow of trade among Americans without intervention, except to bar the sale or disclosure of products, service, or information detrimental to defense.
  • Guarantee due process of law, property rights, freedom of association, freedom of political speech, and free exercise of religion (consistent with the foregoing) throughout the United States.
  • Leave the rest to the States and their political subdivisions, provided that they do not interfere with or violate the preceding constraints.

That’s not an exact description of the state of affairs in the U.S. from 1789 to the late 1800s, but with a few significant (and since remedied) exceptions it is an approximate description. There was, of course, slavery and then injustice toward blacks on a vast scale. And there were many lesser failures, too, including the denial of suffrage to women.

A more perfect state of affairs would be one in which “the clock is turned back” on the central government’s myriad interventions since the late 1800s, except for those that are obviously just (e.g., the abolition of slavery, the end of Jim Crow, voting rights for blacks and women). I describe turning back the clock in that way because big-government advocates like to claim that those of us who wish to roll back the central government’s power also long for a replication of the 19th century. Balderdash!

At any rate, turning back the clock would be difficult, as evidenced by the continued growth of government power since the days of Teddy Roosevelt’s imperial presidency, despite not inconsiderable resistance and brief periods of abatement. Why is that? Because the growth of government is always rationalized as doing what’s necessary to “help” X, Y, and Z (sometimes by penalizing A, B, and C) — even though X, Y, Z, and their progeny are made the poorer for it.

But if the history of the past several decades shows anything, it shows that unremitting pressure to roll back the central government’s power can succeed in slowing its growth and even, in some areas, reversing it. The successes are due to two developments:

  • The election of Republican presidents and majorities in Congress. (Not all Republicans are devoted to smaller government, despite the lip-service most of them pay to that objective, but all Democrats, as far as I can tell, are devoted to the enlargement of government.)
  • The taming of the administrative state — the conglomeration of agencies that wields discretionary power to interpret and elaborate the broad powers entrusted to it, and then to execute and adjudicate its own interpretations and elaborations. (The taming will be done by Republicans it is done by anyone.)

The second development is as crucial than the first, because the administrative state cannot be regrown overnight, even with Democrats in charge.

A government in which the administrative state has been subdued is bound to act more like an accountable government. The acts of elected officials — and the consequence of those acts — will be more visible to the electorate if they take place in the spotlights that shine on Congress and the White House than if they are concealed in the shadows of the bureaucracy.

That’s the best that I can offer. It’s realistic and attainable, unlike the nirvana offered by libertarians.

Ruthless Reason

Thanks to someone (I don’t remember who it was), I found The Orthosphere, which I am now following. The first post that I read there is “Beware the Jaws of Ruthless Reason“, by Jonathan M. Smith. It is replete with statements that I fully endorse; for example:

I think we must grant that the Left is more slavishly addicted to Reason than the Right—or at least than the genuine Right.  There are, needless to say, many spurious men of the Right who betray their spuriosity by boasting about their ruthless reasoning; but genuine men of the Right have always been chary of Reason because they see that Reason is ruthless.

And because Reason is ruthless, they see that it must be kept on a very stout chain.

When I say that Reason is ruthless, I mean that it respects nothing but itself, and that when it is let off its chain, it will therefore chew to pieces anything with which it disagrees.  To see what this means, you have only to look at any specimen of modern architecture.  Reason chewed away any ornament that did not answer the demands of Reason, and the naked box that remained was utterly inhuman….

A man of the Right does not deny that Reason is often a very good thing.  But because it is not the only good thing, he knows it would be very bad to let it off of its chain to mutilate and maul everything else that is good.  He finds that Reason turns up its nose at other things he approves, both in the world and in himself.

And that Reason will chew these things to pieces if he lets it….

Political theory is produced almost exclusively by the Left, for they have an idea that human felicity requires the discovery and universal application of a despotic principle. Equality is the despotic principle of the overt Left; Freedom is the despotic principle of the covert Left or spurious Right.

Now a genuine man of the Right does not deny that Equality and Freedom can often be very good things, but because they are not the only good things, he knows it would be very bad for them to become despotic principles that will mutilate and maul everything else that is good….

A genuine man of the Right will wish to conserve many principles.  He sees that reason is good, but that despotic Reason will destroy loveliness and loyalty.  He sees that equality is good, but that despotic Equality will destroy justice and love.  He sees that freedom is good, but that despotic Freedom will destroy decency and solidarity.

This reminds me of one of my critiques of libertarianism, an offshoot of the enlightenment and an ideology based on “reason”:

As for the Enlightenment … , it has a fatal flaw, which is reason (a.k.a. rationalism). As Wikipedia puts it,

The Enlightenment included a range of ideas centered on reason as the primary source of knowledge….

Where reason is

the capacity of consciously making sense of things, establishing and verifying facts, applying logic, and adapting or justifying practices, institutions, and beliefs based on new or existing information.

But reason is in fact shaped by customs, instincts, erroneous beliefs, faulty logic, venal motivations, and unexamined prejudices. Objectivism, for example, is just another error-laden collection of “religious” dogmas, as discussed here, here, and here.

Sir Roger Scruton underscores the shallowness of reason in On Human Nature. Scruton’s point applies not only to libertarianism (i.e., classical liberalism) but also to its offshoot — modern “liberalism” — neither of which, as rationalistic philosophies, bear any resemblance to conservatism, properly understood.

Here is the essential difference between conservatism and the varieties of liberalism, in Scruton’s words:

[W]e find near-universal agreement among American moral philosophers that individual autonomy and respect for rights are the root conceptions of moral order, with the state conceived either as an instrument for safeguarding autonomy or — if given a larger role — as an instrument for rectifying disadvantage in the name of “social justice.” The arguments given for these positions are invariably secular, egalitarian, and founded in an abstract idea of rational choice. And they are attractive arguments, since they justify both a public morality and a shared political order in ways that allow for the peaceful coexistence of people with different faiths, different commitments, and deep metaphysical disagreements. The picture of the moral life that I have presented is largely compatible with these arguments. But it also points to two important criticisms that might be made of them.

The first criticism is that the contractarian position fails to take our situation as organisms seriously. We are embodied beings, and our relations are mediated by our bodily presence. All of our most important emotions are bound up with this: erotic love, the love of children and parents, the attachment to home, the fear of death and suffering, the sympathy for others in their pain or fear — none of these things would make sense if it were not for our situation as organisms…. If we were disembodied rational agents — “noumenal selves“… — then our moral burdens would be lightly worn and would amount only to the side constraints required to reconcile the freedom of each of us with the equal freedom of our neighbors. But we are embodied beings, who are drawn to each other as such, trapped into erotic and familial emotions that create radical distinctions, unequal claims, fatal attachments, and territorial needs, and much of moral life is concerned with the negotiation of these dark regions of the psyche.

The second criticism is that our obligations are not and cannot be reduced to those that guarantee our mutual freedom. Noumenal selves come into a world unencumbered by ties and attachments for the very reason that they do not come into the world at all…. For us humans, who enter a world marked by the joys and sufferings of those who are making room for us, who enjoy protection in our early years and opportunities in our maturity, the field of obligation is wider than the field of choice.  We are bound by ties that we never chose, and our world contains values and challenges that intrude from beyond the comfortable arena of our agreements. In the attempt to encompass these values and challenges, human beings have developed concepts that have little or no place in liberal theories of the social contract — concepts of the sacred and the sublime, of evil and redemption, that suggest a completely different orientation to the world than that assumed by modern moral philosophy.

(See also “The Shallowness of Secular Ethical Systems” and “Rawls vs. Reality“.)

Can Libertarianism and Conservatism Be Reconciled? A Footnote

Near the end of Sir Roger Scruton’s On Human Nature, I came upon a discussion that bears directly on my post, “Can Libertarianism and Conservatism Be Reconciled?“. Scruton’s point is essential and merits a spotlight. Further, it applies not only to libertarianism (i.e., classical liberalism) but also to its offshoot — modern “liberalism” — neither of which, as rationalistic philosophies, bear any resemblance to conservatism, properly understood.

Here is the essential difference between conservatism and the varieties of liberalism, in Scruton’s words:

[W]e find near-universal agreement among American moral philosophers that individual autonomy and respect for rights are the root conceptions of moral order, with the state conceived either as an instrument for safeguarding autonomy or — if given a larger role — as an instrument for rectifying disadvantage in the name of “social justice.” The arguments given for these positions are invariably secular, egalitarian, and founded in an abstract idea of rational choice. And they are attractive arguments, since they justify both a public morality and a shared political order in ways that allow for the peaceful coexistence of people with different faiths, different commitments, and deep metaphysical disagreements. The picture of the moral life that I have presented is largely compatible with these arguments. But it also points to two important criticisms that might be made of them.

The first criticism is that the contractarian position fails to take our situation as organisms seriously. We are embodied beings, and our relations are mediated by our bodily presence. All of our most important emotions are bound up with this: erotic love, the love of children and parents, the attachment to home, the fear of death and suffering, the sympathy for others in their pain or fear — none of these things would make sense if it were not for our situation as organisms…. If we were disembodied rational agents — “noumenal selves“… — then our moral burdens would be lightly worn and would amount only to the side constraints required to reconcile the freedom of each of us with the equal freedom of our neighbors. But we are embodied beings, who are drawn to each other as such, trapped into erotic and familial emotions that create radical distinctions, unequal claims, fatal attachments, and territorial needs, and much of moral life is concerned with the negotiation of these dark regions of the psyche.

The second criticism is that our obligations are not and cannot be reduced to those that guarantee our mutual freedom. Noumenal selves come into a world unencumbered by ties and attachments for the very reason that they do not come into the world at all…. For us humans, who enter a world marked by the joys and sufferings of those who are making room for us, who enjoy protection in our early years and opportunities in our maturity, the field of obligation is wider than the field of choice.  We are bound by ties that we never chose, and our world contains values and challenges that intrude from beyond the comfortable arena of our agreements. In the attempt to encompass these values and challenges, human beings ahve developed concepts that have little or no place in liberal theories of the social contract — concepts of the sacred and the sublime, of evil and redemption, that suggest a completely different orientation to the world than that assumed by modern moral philosophy.

(See also “The Shallowness of Secular Ethical Systems” and “Rawls vs. Reality“.)

Can Libertarianism and Conservatism Be Reconciled?

This post is inspired by an article in The Objective Standard, which proclaims itself

the preeminent source for commentary from an Objectivist perspective, objectivism being Ayn Rand‘s philosophy of reason, egoism, and capitalism.

The writer, with whom I have jousted sporadically for 15 years, will go unnamed here because I want to emphasize his ideology, of which he is merely a representative advocate. He is either an Objectivist who happens to be a libertarian or a libertarian who happens to be an Objectivist.

In either case, his article manifests libertarianism as it is widely understood: an ideology of individualism — the right of the individual to lead his life he sees fit. That central tenet of libertarianism is a condensation of 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. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right… The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign. [On Liberty (1869), Chapter I: Introductory]

By the same token, a consistent libertarian rejects conservatism’s emphasis on social norms. Mill is clear on that point:

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

Mill thus rejects the enforcement of social norms, “except [in] a few of the most obvious cases” by either the state or “society” (ibid.). This exception is a cop-out, a slippery way of trying to eat one’s cake and have it, too. What Mill is saying, really, is that there are some social norms he would like to see enforced and many that he claims not to care about. Thus Mill reveals his inner authoritarian: the “decider” about which social norms are good and which are bad. (Mill isn’t alone among libertarians in there willingness to resort to statist coercion, as I will point out later.)

Lest anyone misunderstand Mill’s overt position about social norms, he expands on it a few paragraphs later:

These are good reasons for remonstrating with [a person who acts contrary to social custom], or reasoning with him, or persuading him, or entreating him, but not for compelling him, or visiting him with any evil [including social censure] in case he do otherwise. To justify that, the conduct from which it is desired to deter him, must be calculated [intended] to produce evil to some one else. The only part of the conduct of any one, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.

By that “logic”, an individual is a law unto himself, and may do as he pleases as long as he believes (or claims to believe) that his conduct is not harmful to others. (What is an “obvious” exception to Mill may not be obvious to the ardent individualists in a Millian nirvana.) Is that what the writer believes?

I doubt that he would directly acknowledge such a belief. But it is implicit in his glorification of the Enlightenment and attack on conservatism. In particular, he praises some unexceptionable cases of personal liberation, which he characterizes as a illustrative of Enlightenment values. From there, he attacks a contemporary critic of the Enlightenment and the godfather of conservatism, Edmund Burke.

To begin at the beginning, the article opens with vignettes about three women: one who was raised an Orthodox Jew, put into an arranged marriage, and later left Orthodox Judaism (the fate of her marriage is left unmentioned); one who escaped the totalitarianism of North Korea; and one who fled an oppressive Muslim upbringing Africa and Saudi Arabia. The common theme of the stories is that

these remarkable women from such diverse backgrounds ultimately found freedom and a world of ideas and experiences to enrich their lives [which] is a cause for celebration and for reflecting on how fortunate we are—those of us who did not face such daunting odds. It’s also cause for reflection on the millions of people today who still live in the silent, senseless darkness of ignorance and terror.

Further,

in the light of history, the experiences these women escaped are not only not rare, but are in fact how most people have lived for most of their lives in most of the nations of the world. Illiteracy, ignorance, poverty, hunger, and disease are by a wide margin the most common state of affairs in which humanity has found itself. It is only in the past two centuries that a portion of the human race has risen out of darkness into enlightenment. And it has done so in a manner very much like the stories these women tell.

What I mean is that although these are stories of personal liberation and discovery, Western civilization as a whole went through something similar on a culture-wide level beginning around 1700, in a period that we, appropriately enough, call the Enlightenment.

The article ends there (for non-subscribers). A subsequent excerpt at the writer’s blog zooms in on the Enlightenment:

[O]ne of the more prominent conservative enemies of the Enlightenment today, Sorhab [sic, it’s Sohrab] Ahmari, … recently wrote in the religious journal First Things that the Enlightenment is responsible for “the eclipse of permanent truths, family stability, community solidarity, and much else,” and has led to “the pornographization of daily life, to the culture of death, to the cult of competitiveness.”…

… When Ahmari writes of “permanent truths,” he does not mean the natural rights of mankind, let alone the economic forces of supply and demand or the scientific laws of biology. He means religious dogma, handed down by an established church.

When he speaks of “family stability,” he does not mean harmony attained by respecting and nourishing the value of every family member. He means the subordination of each one to unchosen obligations; the prohibition of the right to marry for large portions of our society; and opposition to the right of unhappy spouses to divorce and to value their own flourishing and happiness along with their family commitments.

When he speaks of “communal solidarity,” he means the right of the community to sacrifice the happiness and freedom of individuals within that community—to censor people; to dictate how they may use their property and what jobs they may take; to tell them what books they may read and what movies they may watch.

And when he denounces “the cult of competitiveness,” he means the right to excel, the right to aspire, the right to pursue happiness and achieve one’s dreams. He is mounting a direct attack on the value of enjoyment. When Ahmari denounces what he calls the “fetishizing of autonomy,” his meaning is unmistakable: individualism—the right of the individual to his or her own life—is his primary target.

Ahmari and his admirers pledge themselves to a society of—in Burke’s words, “submission,” “obedience,” “subordination,” and “servitude.” And they do so while wrapping themselves in the American flag.

How does the writer know what Ahmari means by “permanent truths”, “family stability”, “communal solidarity”, and “the cult of competitiveness”? The footnotes to the article (conveniently available to the non-subscriber) list two pieces by Ahmari. The first is a long epistle signed by Ahmari and fourteen other persons. The second is a later article in which Ahmari addresses some criticisms of the letter. In fact, Ahmari legitimately criticizes the consequences of the “liberalization” of society by government interventions and cultural warfare, “liberalization” to which some so-called conservatives (he calls them “consensus conservatives”) have been party.

The writer is keen to present horror stories that illustrate (in his view) the consequences of the failure of the Enlightenment to arrive in every part of the globe. But as a defender of liberty he should be equally keen to present horror stories that illustrate the consequences of Enlightenment “liberalism” in the West.

One such story is the increasing frequency of mass shootings in America, which has occurred (not coincidentally, I believe) with the decline of religiosity and the tearing down of traditional social norms.

Another such story, which the writer skips over, is the legalization of pre-natal infanticide — known otherwise as abortion — which Ahmari refers to as “the culture of death”. If the writer has reversed his long-held pro-abortion stance, I can find no evidence of it on his blog. But that is entirely consistent with his implicit endorsement of the harm principle, according to which every person is a law unto himself.

I return now to the article and the writer’s brief discussion of Edmund Burke’s political philosophy. How does the writer know that Burke’s kind of society is one of “submission”, “obedience”, “subordination”, and “servitude” — or what Burke meant by those terms? Perhaps there are clues in Burke’s Reflections on the Revolution in France (1790), which the writer cites four times. The following passage seems to be at the heart of the writer’s j’accuse:

I thought ten thousand swords must have leaped from their scabbards to avenge even a look that threatened her [the Queen of France] with insult. But the age of chivalry is gone. That of sophisters, economists, and calculators has succeeded; and the glory of Europe is extinguished forever. Never, never more, shall we behold that generous loyalty to rank and sex, that proud submission, that dignified obedience, that subordination of the heart, which kept alive, even in servitude itself, the spirit of an exalted freedom! The unbought grace of life, the cheap defence of nations, the nurse of manly sentiment and heroic enterprise, is gone! It is gone, that sensibility of principle, that chastity of honor, which felt a stain like a wound, which inspired courage whilst it mitigated ferocity, which ennobled whatever it touched, and under which vice itself lost half its evil by losing all its grossness!

Romantic twaddle? Perhaps, but Burke isn’t so much lamenting the demise of the monarchy of France as he is contrasting it with what followed.

As Burke understood — and conservatives understand — in the real world one doesn’t get to choose (or build) a perfect world. At best, one gets to choose between a tolerable world, a less-tolerable one, and an intolerable one. Burke foretold in Reflections that the revolutionaries of 1789 were laying groundwork for something intolerable; for example:

They are aware that the worst consequences might happen to the public in accomplishing this double ruin of Church and State; but they are so heated with their theories, that they give more than hints that this ruin, with all the mischiefs that must lead to it and attend it, and which to themselves appear quite certain, would not be unacceptable to them, or very remote from their wishes.

Those who would argue that the French Revolution and the ensuing Reign of Terror were preferable to the excesses of the monarchy would — if they were consistent — argue that the Bolshevik Revolution and the subsequent reigns of terror were preferable to the rule of the Tsars. (I duly note that the writer has sympathy for the victims of communism; perhaps he should therefore be more understanding of Burke’s sympathy for the victims of the French Revolution.)

What did Burke really believe? I will draw on Yuval Levin’s The Great Debate: Edmund Burke, Thomas Paine, and the Birth of Right and Left. I have reviewed the book and found it wanting, but not because Levin fails to capture the essence of Burke’s political philosophy. (Follow the link in the preceding sentence to understand my reservations about the book.) Here are relevant excerpts of Levin’s book, which (as I say in my review) capture the philosophical differences between Burke and Paine:

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]

Paine is the quintessential “liberal” (leftist) — 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. 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 their conception of “natural rights” as innate in human beings — like the harm principle — is made of air. Natural rights, properly understood, arise from the social norms that writer seems to disdain (though if he does, I wonder how he has managed to survive and thrive in a world dominated by social norms).

To the writer’s great disappointment, I’m sure, the truth of the matter is that social norms — including political and economic ones — are emergent. (This is not a morally relativistic position.) 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]

As for the Enlightenment in which the writer puts so much stock, it has a fatal flaw, which is reason (a.k.a. rationalism). As Wikipedia puts it,

The Enlightenment included a range of ideas centered on reason as the primary source of knowledge….

Where reason is

the capacity of consciously making sense of things, establishing and verifying facts, applying logic, and adapting or justifying practices, institutions, and beliefs based on new or existing information.

But reason is in fact shaped by customs, instincts, erroneous beliefs, faulty logic, venal motivations, and unexamined prejudices. Objectivism, for example, is just another error-laden collection of “religious” dogmas, as discussed here, here, and here.

On a higher plane, what could be more revealing of the prejudices and emotions upon which reason ultimately rests than the long-running Einstein-Bohr debate, which stemmed from Einstein’s reasonable prejudice that quantum mechanics gives an unrealistic (indeterminate) depiction of reality. (The interpretation of quantum mechanics still remains unsettled, more than 90 years after the debate began.)

Further, as the Wikipedia article admits, the Enlightenment — like its subsequent manifestations in politics and pseudo-science (e.g., Malthusianism, Marxism, Objectivism, “climate change”, “social justice”, “equality”) — relies on reductionism, which is

the practice of oversimplifying a complex idea or issue to the point of minimizing or distorting it.

(Thus the shallowness and inconsistency of secular ethical systems, which include but are far from limited to libertarianism and Objectivism.)

Reductionist reason fails us:

Love, to take a leading example, is a feeling that just is. The why and wherefore of it is beyond our ability to understand and explain. Some of the feelings attached to it can be expressed in prose, poetry, and song, but those are superficial expressions that don’t capture the depth of love and why it exists.

The world of science is of no real help. Even if feelings of love could be expressed in scientific terms — the action of hormone A on brain region X — that would be worse than useless. It would reduce love to chemistry, when we know that there’s more to it than that. Why, for example, is hormone A activated by the presence or thought of person M but not person N, even when they’re identical twins?

The world of science is of no real help about “getting to the bottom of things.” Science is an infinite regress. S is explained in terms of T, which is explained in terms of U, which is explained in terms of V, and on and on. For example, there was the “indivisible” atom, which turned out to consist of electrons, protons, and neutrons. But electrons have turned out to be more complicated than originally believed, and protons and neutrons have been found to be made of smaller particles with distinctive characteristics. So it’s reasonable to ask if all of the particles now considered elementary are really indivisible. Perhaps there other more-elementary particles yet to be hypothesized and discovered. And even if all of the truly elementary particles are discovered, scientists will still be unable to explain what those particles really “are.”

Reason is valuable when it consists of the narrow application of logic to hard facts. I want bridge-builders and aircraft-makers to use the mathematical tools and physical facts at their disposal. It should be noted, however, that the origins of those tools and the gathering of those facts long preceded the Enlightenment, and that their subsequent development was (and is) a project unto its own. To take a notable example, Isaac Newton, among other things the inventor of calculus as we know it (contemporaneously with Gottfried Wilhelm Leibnitz), was religious (though unorthodox), a student of the occult, and an alchemist (see this). Even children of the Enlightment can be — are often are — supremely irrational and steered by psychological forces beyond their ken.

In sum, reason has almost nothing to do with most of life — and especially not with politics, social norms, religion, or rebellion. The last is too often an act of emotion and interest-group advancement, which can be (and has been) justified by reason.

Just as reason fails us, so has the Enlightenment and much of what came in its wake.

A particular feature of the Enlightenment was that its rationalism gave rise to leftism. Thomas Sowell writes about the wages of leftist “intellectualism” in Intellectuals and Society:

One of the things intellectuals have been doing for a long time is loosening the bonds that hold a society together. They have sought to replace the groups into which people have sorted themselves with groupings created and imposed by the intelligentsia. Ties of family, religion, and patriotism, for example, have long been treated as suspect or detrimental by the intelligentsia, and new ties that intellectuals have created, such as class — and more recently “gender” — have been projected as either more real or more important. [p. 303]

In my view, the

left’s essential agenda is the repudiation of ordered liberty of the kind that arises from evolved social norms, and the replacement of that liberty by sugar-coated oppression. The bread and circuses of imperial Rome have nothing on Social Security, Medicaid, Medicare, Obamacare, and the many other forms of personal and corporate welfare that are draining America of its wealth and élan. All of that “welfare” has been bought at the price of economic and social liberty (which are indivisible).

Freedom from social bonds and social norms is not liberty. Freedom from religion, which seems to be the objective of rationalists (like the writer), is bound to yield less liberty and more crime, which further erodes liberty.

I put it to you this way: Would you rather live in the rationalistic world of libertarian-Objectivists or in Burke’s (and Oakeshott’s) real one?

Here’s a clue to the answer that I hope you will choose: The ideal world of a rationalist cannot be attained by real people acting in mutually beneficial cooperation, which is the essence of the free markets about which the writer claims to care so much. Rationalism is destructive of religion (which on balance is a bulwark of liberty), long-standing social norms (which in fact enable liberty), and the necessary right of free people in society to make mistakes and learn from them.

The writer’s diatribe reminds me of the old, sad story that has been repeated innumerable times throughout mankind’s recorded history. The quest for perfection along one or another moral dimension breeds fanaticism. Fanaticism turns into an unrelenting evil of its own. Just ask one of the innumerable victims of communism, some of whom have survived it.

Moreover, as I have pointed out many times, the kind of libertarianism espoused by the writer isn’t the real thing. A true libertarian is a traditional conservative who

respects socially evolved norms because those norms evidence 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?

Which isn’t to say, by any means, that a place in which traditional norms prevail will be perfect. Far from it — and some places, such as those cited by the writer — are farther than others. But the route to improvement can’t be found by shredding norms willy-nilly and declaring that every man is a law unto himself. In fact, what some libertarians urge, paradoxically, is the selective shredding of social norms by the state. (another manifestation of the smug authoritarianism of the “liberal order”). That is the “logic” of so-called libertarianism.

What really happens, of course, is that the shredding of social norms creates a void that is filled by chaos and then by the rule of power. The rule may be brutal like those of Lenin, Stalin, and Mao, or “benign” like those of today’s coercively governed Western “democracies”. But it will be a rule that so-called libertarians will rail against — in vain. The perfection of “rational” ideologies — libertarianism as well as fascism and socialism —  is indeed the enemy of the good. (Conservatism, properly understood, isn’t an ideology, though it has ideological implications.)

I conclude that libertarianism of the kind preached by the writer and his ilk cannot be reconciled with conservatism. But they should be allied against their common enemy: the oppressive state.

The Shallowness of Secular Ethical Systems

This post is prompted by a recent offering from Irfan Khawaja, who styles himself an ex-libertarian and tries to explain his apostasy. Khawaja abandoned libertarianism (or his version of it) because it implies a stance toward government spending that isn’t consistent with the desideratum of another ethical system.

Rather than get bogged down in the details of Khawaja’s dilemma, I will merely point out what should be obvious to him (and to millions of other true believers in this or that ethical system): Any system that optimizes on a particular desideratum (e.g., minimal coercion, maximum “social” welfare by some standard) will clash with at least one other system that optimizes a different desideratum.

Further, the various desiderata usually are overly broad. And when the desiderata are defined narrowly, what emerges is not a single, refined desideratum but two or more. Which means that there are more ethical systems and more opportunities for clashes between systems. Those clashes sometimes occur between systems that claim to optimize on the same (broad) desideratum. (I will later take up an example.)

What are the broad and refined desiderata of various ethical systems? The following list is a start, though it is surely incomplete:

  • Liberty

Freedom from all restraint

Freedom from governmental restraint

Freedom to do as one chooses, consistent with traditional social norms (some of which may be enforced by government)

Freedom to do as one chooses, regardless of one’s endowment of intelligence, talent, effort, wealth, etc.

  • Equality

Equal treatment under the law

Economic equality, regardless of one’s intelligence, talent, effort, wealth, etc.

Economic and social equality, regardless of one’s intelligence, talent, effort, wealth, etc.

  • Democracy

Participation in governmental decisions through the election of officials whose powers are limited to those deemed necessary to provide for the defense of innocent citizens from force and fraud

Participation in governmental decisions through the election of officials who have the power to bring about economic and social equality

Governmental outcomes that enact the “will of the people” (i.e., the desiderata of each group that propounds this kind of democracy)

  • Human welfare

The maximization of the sum of all human happiness, perhaps with some lower limit on the amount of happiness enjoyed by those least able to provide for themselves

The maximization of the sum of all human happiness, as above, but only with respect to specific phenomena viewed as threats (e.g., “climate change”, “overpopulation”, resource depletion)

  • Animal welfare (including but far from limited to human welfare)

Special protections for animals to prevent their mistreatment

Legal recognition of animals (or some of them) as “persons” with the same legal rights as human beings

No use of animals to satisfy human wants (e.g., food, clothing, shelter)

It would be pedantic of me to explain the many irreconcilable clashes between the main headings, between the subsidiary interpretations under each main heading, and between the subsidiary interpretations under the various main headings. They should be obvious to you.

But I will show that even a subsidiary interpretation of a broad desideratum can be rife with internal inconsistencies. Bear with me while I entertain you with a few examples, based on Khawaja’s dilemma — the conflict between his versions of welfarism and libertarianism.

Welfarism, according to Khawaja, means that a government policy, or a change in government policy, should result in no net loss of lives. This implies that that it is all right if X lives are lost, as long as Y lives are gained, where Y is greater than X. Which is utilitarianism on steroids — or, in the words of Jeremy Bentham (the godfather of utilitarianism), nonsense upon stilts (Bentham’s summary dismissal of the doctrine of natural rights). To see why, consider that the blogger’s desideratum could be accomplished by a ruthless dictator who kills people by the millions, while requiring those spared to procreate at a rate much higher than normal. Nirvana (not!).

A broader approach to welfare, and one that is more commonly adopted, is an appeal to the (fictional) social-welfare function. I have written about it many times. All I need do here, by way of dismissal, is to summarize it metaphorically: Sam obtains great pleasure from harming other people. And if Sam punches Joe in the nose, humanity is better off (that is, social welfare is increased) if Sam’s pleasure exceeds Joe’s pain. It should take you a nanosecond to understand why that is nonsense upon stilts.

In case it took you longer than a nanosecond, here’s the nonsense: How does one measure the pleasure and pain of disparate persons? How does one then sum those (impossible) measurements?

More prosaically: If you are Joe, and not a masochist, do you really believe that Sam’s pleasure somehow cancels your pain or compensates for it in the grand scheme of things? Do you really believe that there is a scoreboard in the sky that keeps track of such things? If your answer to both questions is “no”, you should ask yourself what gives anyone the wisdom to decree that Sam’s punch causes an increase in social welfare. The philosopher’s PhD? You were punched in the nose. You know that Sam’s pleasure doesn’t cancel or compensate for your pain. The philosopher (or politician or economist) who claims (or implies) that there is a social-welfare function is either a fool (the philosopher or economist) or a charlatan (the politician).

I turn now to libertarianism, which almost defies analysis because of its manifold variations and internal contradictions (some of which I will illustrate). But Khawaja’s account of it as a prohibition on the initiation of force (the non-aggression principle, a.k.a. the harm principle) is a good entry point. It is clear that Khawaja understands force to include government coercion of taxpayers to fund government programs. That’s an easy one for most libertarians, but Khawaja balks because the prohibition of government coercion might mean the curtailment of government programs that save lives. (Khawaja thus reveals himself to have been a consequentialist libertarian, that is, one who favors liberty because of its expected results, not necessarily because it represents a moral imperative. This is yet another fault line within libertarianism, but I won’t explore it here.)

Khawaja cites the example of a National Institutes of Health (NIH) program that might cure cystic fibrosis or alleviate its symptoms. But Khawaja neglects the crucial matter of opportunity cost (a strange omission for a consequentialist). Those whose taxes fund government programs usually aren’t those who benefit from them. Taxpayers have other uses for their money, including investments in scientific and technological advances that improve and lengthen life. The NIH (for one) has no monopoly on life-saving and life-enhancing research. To put it succinctly, Khawaja has fallen into the intellectual trap described by Frédéric Bastiat, which is to focus on that which is seen (the particular benefits of government programs) and to ignore the unseen (the things that could be done instead through private action, including — not trivially — the satisfaction of personal wants). When the problem is viewed in that way, most libertarians would scoff at Khawaja’s narrow view of libertarianism.

Here’s a tougher issue for libertarians (the extreme pacifists among them excluded): Does the prohibition on the initiation of force extend to preemptive self-defense against an armed thug who is clearly bent on doing harm? If it does, then libertarianism is unadulterated hogwash.

Let’s grant that libertarianism allows for preemptive self-defense, where the potential victim (or his agent) is at liberty to decide whether preemption is warranted by the threat. Let’s grant, further, that the right of preemptive self-defense includes the right to be prepared for self-defense, because there is always the possibility of a sudden attack by a thug, armed robber, or deranged person. Thus the right to bear arms at all times, and in all places should be unrestricted (unabridged, in the language of the Second Amendment).

Along comes Nervous Nellie, who claims that the sight of all of those armed people around her makes her fear for her life. But instead of arming herself, Nellie petitions government for the confiscation of all firearms from private persons. The granting of Nellie’s petition would constrain the ability of others to defend themselves against (a) private persons who hide their firearms successfully; (b) private persons who resort to other lethal means of attacking other persons, and (c) armed government agents who abuse their power.

The resulting dilemma can’t be resolved by appeal to the non-aggression principle. The principle is violated if the right of self-defense is violated, and (some would argue) it is also violated if Nellie lives in fear for her life because the right of self-defense is upheld.

Moreover, the ability of government to decide whether persons may be armed — indeed, the very existence of government — violates the non-aggression principle. But without government the non-aggression principle may be violated more often.

Thus we see more conflicts, all of which take place wholly within the confines of libertarianism, broadly understood.

The examples could go on an on, but enough is enough. The point is that ethical systems that seek to optimize on a single desideratum, however refined and qualified it might be, inevitably clash with other ethical systems. Those clashes illustrate Kurt Gödel‘s incompleteness theorems:

Gödel’s incompleteness theorems are two theorems of mathematical logic that demonstrate the inherent limitations of every formal axiomatic system capable of modelling basic arithmetic….

The first incompleteness theorem states that no consistent system of axioms whose theorems can be listed by an effective procedure (i.e., an algorithm) is capable of proving all truths about the arithmetic of natural numbers. For any such consistent formal system, there will always be statements about natural numbers that are true, but that are unprovable within the system. The second incompleteness theorem, an extension of the first, shows that the system cannot demonstrate its own consistency.

There is the view that Gödel’s theorems aren’t applicable in fields outside of mathematical logic. But any quest for ethical certainties necessarily involves logic, however flawed it might be.

Persons who devise and purvey ethical systems, assuming their good intentions (often a bad assumption), are simply fixated on particular aspects of human behavior rather than taking it whole. (They cannot see the forest because they are crawling on the ground, inspecting tree roots.)

Given such myopia, you might wonder how humanity manages to coexist cooperatively and peacefully as much as it does. Yes, there are many places on the globe where conflict is occasioned by what could be called differences of opinion about ultimate desiderata (including religious ones). But most human beings (though a shrinking majority, I fear) don’t give a hoot about optimizing on a particular desideratum. That is to say, most human beings aren’t fanatical about a particular cause or belief. And even when they are, they mostly live among like persons or keep their views to themselves and do at least the minimum that is required to live in peace with those around them.

It is the same for persons who are less fixated (or not at all) on a particular cause or belief. Daily life, with its challenges and occasional pleasures, is enough for them. In the United States, at least, fanaticism seems to be confined mainly to capitalism’s spoiled children (of all ages), whether they be ultra-rich “socialists”, affluent never-Trumpers, faux-scientists and their acolytes who foresee a climatic apocalypse, subsidized students (e.g., this lot), and multitudes of other arrant knights (and dames) errant.

Atheists are fond of saying that religion is evil because it spawns hatred and violence. Such sentiments would be met with bitter laughter from the hundreds of millions of victims of atheistic communism, were not most of them dead or still captive to the ethical system known variously as socialism and communism, which promises social and economic equality but delivers social repression and economic want. Religion (in the West, at least) is a key facet of liberty.

Which brings me to the point of this essay. When I use “liberty” I don’t mean the sterile desideratum of so-called libertarians (who can’t agree among themselves about its meaning or prerequisites). What I mean is the mundane business of living among others, getting along with them (or ignoring them, if that proves best), treating them with respect or forbearance, and observing the norms of behavior that will cause them to treat you with respect or forbearance.

It is that — and not the fanatical (unto hysterical) rallying around the various desiderata of cramped ethical systems — which makes for social comity and economic progress. The problem with silver bullets (Dr. Ehrlich’s “magic” one being a notable exception) is that they ricochet, causing more harm than good — often nothing but harm, even to those whom they are meant to help.


Related pages and posts:

Climate Change
Economic Growth Since World War II
Leftism
Modeling and Science
Social Norms and Liberty

On Liberty
Greed, Cosmic Justice, and Social Welfare
Democracy and Liberty
Utilitarianism vs. Liberty
Fascism and the Future of America
The Indivisibility of Economic and Social Liberty
Tocqueville’s Prescience
Accountants of the Soul
Pseudo-Libertarian Sophistry vs. True Libertarianism
Bounded Liberty: A Thought Experiment
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
The Meaning of Liberty
Positive Liberty vs. Liberty
Facets of Liberty
Burkean Libertarianism
What Is Libertarianism?
True Libertarianism, One More Time
Utilitarianism and Psychopathy
Why Conservatism Works
The Eclipse of “Old America”
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
The Pseudo-Libertarian Temperament
Modern Liberalism as Wishful Thinking
Getting Liberty Wrong
Romanticizing the State
Libertarianism and the State
My View of Libertarianism
The Principles of Actionable Harm
More About Social Norms and Liberty
Superiority
The War on Conservatism
Old America, New America, and Anarchy
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Society, Polarization, and Dissent
Social Justice vs. Liberty
The Left and “the People”
The Harm Principle Revisited: Mill Conflates Society and State
Liberty and Social Norms Re-examined
Natural Law, Natural Rights, and the Real World
Natural Law and Natural Rights Revisited
Libertarianism, Conservatism, and Political Correctness
My View of Mill, Endorsed
Rights, Liberty, the Golden Rule, and Leviathan
Suicide or Destiny?
O.J.’s Glove and the Enlightenment
James Burnham’s Misplaced Optimism
True Populism
Libertarianism’s Fatal Flaw
The Golden Rule and Social Norms
The Left-Libertarian Axis
Rooted in the Real World of Real People
Consequentialism
Conservatism, Society, and the End of America
Conservatism vs. Leftism and “Libertarianism” on the Moral Dimension
Free Markets and Democracy
“Libertarianism”, the Autism Spectrum, and Ayn Rand
Tragic Capitalism
A Paradox for Liberals
Rawls vs. Reality
The Subtle Authoritarianism of the “Liberal Order”
Liberty: Constitutional Obligations and the Role of Religion
Society, Culture, and America’s Future

Conservatism vs. Libertarianism

Returning to the subject of political ideologies, I take up a post that had languished in my drafts folder for these past 18 months. It begins by quoting an unintentionally prescient piece by Michael Warren Davis: “The Max Bootification of the American Right” (The American Conservative, April 13, 2018). It’s unintentionally prescient because Davis boots Boot out of conservatism at about the same time that Boot was declaring publicly that he was no longer a conservative.

By way of introduction, Davis takes issue with

an article from the Spring 2012 issue of the Intercollegiate Review called “The Pillars of Modern American Conservatism” by Alfred S. Regnery. Like the [Intercollegiate Studies Institute] itself, it was excellent on the main. But it suffers from the grave (albeit common) sin of believing there is such a thing as “modern” conservatism, which can be distinguished from historic conservatism….

The trouble with “modern” conservatism … is that historic conservatism didn’t fail. It has not been tried and found wanting, as Chesterton would say; it has been found difficult and not tried….

The genius of fusionists (what is generally meant by “modern” conservatives) like William F. Buckley and Frank S. Meyer was joining the intellectual sophistication of traditionalism with the political credibility of libertarianism. The greatest traditionalists and libertarians of that age—Russell Kirk and Friedrich Hayek, respectively—protested vehemently against this fusion, insisting that their two schools were different species and could not intermarry. It was inevitable that “modern” conservatism would prioritize the first principles of one movement over the other. That is to say, this new conservatism would be either fundamentally traditionalist or fundamentally libertarian. It could not be both.

Regnery’s article proves that the latter came to pass. “Modern” conservatism is in fact not conservatism at all: it is a kind of libertarianism, albeit with an anti-progressive instinct.

Consider the subheadings: “The first pillar of conservatism,” Regnery writes, “is liberty, or freedom… The second pillar of conservative philosophy is tradition and order.” This is an inversion of the hierarchy put forward in What Is Conservatism?, a collection of essays edited by Meyer and published by the ISI in 1964. According to Meyer’s table of contents, essays with an “emphasis on tradition and authority” (Kirk, Willmoore Kendall) rank higher than those with an “emphasis on freedom” (M. Stanton Evans, Wilhelm Röpke, Hayek).

The ordering is no coincidence. This question of priorities became one of the principal logjams between the Kirkians and Hayekians. As Kirk explained in “Libertarians: Chirping Sectaries,” published in the Fall 1981 issue of Modern Age:

In any society, order is the first need of all. Liberty and justice may be established only after order is tolerably secure. But the libertarians give primacy to an abstract liberty. Conservatives, knowing that “liberty inheres in some sensible object,” are aware that true freedom can be found only within the framework of a social order, such as the constitutional order of these United States. In exalting an absolute and indefinable “liberty” at the expense of order, the libertarians imperil the very freedoms they praise.

This seems rather straightforward in terms of domestic policy, but we should consider its implications for foreign policy, too. The triumph of the “emphasis on freedom” is responsible for the disastrous interventionist tendencies that have plagued all modern Republican administrations.

We again turn to Kirk in his essay for What is Conservatism? titled “Prescription, Authority, and Ordered Freedom.” Here he warned:

To impose the American constitution on all the world would not render all the world happy; to the contrary, our constitution would work in few lands and would make many men miserable in short order. States, like men, must find their own paths to order and justice and freedom; and usually those paths are ancient and winding ways, and their signposts are Authority, Tradition, Prescription.

That is why traditionalists oppose regime change in the Middle East. Freedom may follow tyranny only if (as in the Revolutions of 1989) the people themselves desire it and are capable of maintaining the machinery of a free society. If the public is not especially interested in self-government, they will succumb either to a new despot or a stronger neighboring country. We have seen both of these scenarios play out in post-Ba’athist Iraq, with the rise of ISIS and the expansion of Iranian hegemony.

It is also why traditionalist conservatives are tarred as pro-Putin by liberals and “modern” conservatives. If Putin is indeed a neo-Tsarist, we may hope to see Russia follow C.S. Lewis’s maxim: “A sum can be put right: but only by going back till you find the error and working it afresh from that point, never by simply going on.” Communism is the error, and while Putinism is by no means the solution, we may hope (though not blindly) that it represents a return to the pre-communist order. Those are, if not optimal conditions for true liberty to flourish, at least the best we can reasonably expect.

More important, however, is that we recognize the absurdity of “modern” conservatives’ hopes that Russia would have transitioned from the Soviet Union to a carbon copy of 1980s Britain. We do the Russian people a disservice by holding President Putin to the example of some mythical Tsarina Thatcherova. That is simply not the “ancient and winding way” Providence has laid out for them.

Such an unhealthy devotion to abstract liberty is embodied in Max Boot, the Washington Post’s new conservative [sic] columnist. Consider the opening lines of his essay “I Would Vote for a (Sane) Donald Trump,” published last year in Foreign Policy:

I am socially liberal: I am pro-LGBTQ rights, pro-abortion rights, pro-immigration. I am fiscally conservative: I think we need to reduce the deficit and get entitlement spending under control… I am pro-free trade: I think we should be concluding new trade treaties rather than pulling out of old ones. I am strong on defense: I think we need to beef up our military to cope with multiple enemies. And I am very much in favor of America acting as a world leader: I believe it is in our own self-interest to promote and defend freedom and free markets as we have been doing in one form or another since at least 1898.

Boot has no respect for Authority, Tradition, and Prescription—not in this country, and not in those manifold countries he would have us invade. His politics are purely propositional: freedom is the greatest (perhaps the sole) virtue, and can be achieved equally by all men in all ages. Neither God nor history nor the diverse and delicate fibers that comprise a nation’s social order have any bearing on his ideologically tainted worldview.

Boot, of course, was hired by the Post to rubber-stamp the progressive agenda with the seal of Principled Conservatism™. Even he can’t possibly labor under the delusion that Jeff Bezos hired him to threaten Washington’s liberal establishment. Yet his conclusions follow logically from the pillars of “modern” conservatism.

Two choices lie before us, then. One is to restore a conservatism of Authority, Tradition, and Prescription. The other is to stand by and watch the Bootification of the American Right. Pray that we choose correctly, before it’s too late to undo the damage that’s already been done.

Boot was to have been the Post‘s answer to David Brooks, the nominal conservative at The New York Times, about whom I have often written. Boot, however, has declared himself a person of the left, whereas Brooks calls himself a “moderate“, which is another way of saying wishy-washy. Both of them give aid and comfort to the left. They are Tweedeldum and Tweedle-dumber, as a wag once observed (inaccurately) of Richard Nixon and Hubert Humphrey (opponents in the 1968 presidential election).

Returning to the main point of this post, which is the difference between conservatism and libertarianism, I will offer a view that is consistent with Davis’s, but expressed somewhat differently. This is from “Political Ideologies“:

There is an essential difference between conservatism and libertarianism. Conservatives value voluntary social institutions not just because they embed accumulated wisdom. Conservatives value voluntary social institutions because they bind people in mutual trust and respect, which foster mutual forbearance and breed social comity in the face of provocations. Adherence to long-standing social norms helps to preserve the wisdom embedded in them while also signalling allegiance to the community that gave rise to the norms.

Libertarians, on the other hand, following the lead of their intellectual progenitor, John Stuart Mill, are anxious to throw off what they perceive as social “oppression”. The root of libertarianism is Mill’s “harm principle”, which I have exposed for the fraud that it is (e.g., here and here)….

There’s more. Libertarianism, as it is usually explained and presented, lacks an essential ingredient: morality. Yes, libertarians espouse a superficially plausible version of morality — the harm principle, quoted above by Scott Yeonor. But the harm principle is empty rhetoric. Harm must be defined, and its definition must arise from social norms. The alternative, which libertarians — and “liberals” — obviously embrace, is that they are uniquely endowed with the knowledge of what is “right”, and therefore should be enforced by the state. Not the least of their sins against social comity is the legalization of abortion and same-sex “marriage” (detailed arguments at the links).

Liberty is not an abstraction. It is the scope of action that is allowed by long-standing, voluntarily evolved social norms. It is that restrained scope of action which enables people to coexist willingly, peacefully, and cooperatively for their mutual benefit. That is liberty, and it is served by conservatism, not by amoral, socially destructive libertarianism.

I rest my case.

Political Ideologies

I have just published a new page, “Political Ideologies”. Here’s the introduction:

Political ideologies proceed in a circle. Beginning arbitrarily with conservatism and moving clockwise, there are roughly the following broad types of ideology: conservatism, anti-statism (libertarianism), and statism. Statism is roughly divided into left-statism (“liberalism”or “progressivism”, left-populism) and right-statism (faux conservatism, right-populism). Left-statism and right-statism are distinguishable by their stated goals and constituencies.

By statism, I mean the idea that government should do more than merely defend the people from force and fraud. Conservatism and libertarianism are both anti-statist, but there is a subtle and crucial difference between them, which I will explain.

Not everyone has a coherent ideology of a kind that I discuss below. Far from it. There is much vacillation between left-statism and right-statism. And there is what I call the squishy center of the electorate which is easily swayed by promises and strongly influenced by bandwagon effects. In general, there is what one writer calls clientelism:

the distribution of resources by political power through an agreement in which politicians – the patrons – make this allocation dependent on the political support of the beneficiaries – their clients. Clientelism emerges at the intersection of political power with social and economic activity.

Politicians themselves are prone to stating ideological positions to which they don’t adhere, out of moral cowardice and a strong preference for power over principle. Republicans have been especially noteworthy in this respect. Democrats simply try to do what they promise to do — increase the power of government (albeit at vast but unmentioned economic and social cost).

In what follows, I will ignore the squishy center and the politics of expediency. I will focus on the various ideologies, the contrasts between them, and the populist allure of left-statism and right-statism. Because the two statisms are so much alike under the skin, I will start with conservatism and work around the circle to them. Conservatism gets more attention than the other ideologies because it is intellectually richer.

Go here for the rest.

A Paradox for Liberals

Libertarianism is liberalism in the classic meaning of the term, given here by one Zack Beauchamp:

[L]iberalism refers to a school of thought that takes freedom, consent, and autonomy as foundational moral values. Liberals agree that it is generally wrong to coerce people, to seize control of their bodies or force them to act against their will….

Beauchamp, in the next paragraph, highlights the paradox inherent in liberalism:

Given that people will always disagree about politics, liberalism’s core aim is to create a generally acceptable mechanism for settling political disputes without undue coercion — to give everyone a say in government through fair procedures, so that citizens consent to the state’s authority even when they disagree with its decisions.

Which is to say that liberalism does entail coercion. Thus the paradox. (What is now called “liberalism” in America is so rife with coercion that only a person who is ignorant of the meaning of liberalism can call it that with a straight face.)

There is nothing new about this paradox, as far as I’m concerned. I wrote about it 14 years ago in “A Paradox for Libertarians“:

Libertarians, by definition, believe in the superiority of liberty: the negative right to be left alone — in one’s person, pursuits, and property — as long as one leaves others alone. Libertarians therefore believe in the illegitimacy of state-enforced values (e.g., income redistribution, censorship, punishment of “victimless” crimes) because they are inimical to liberty.

Some libertarians (minarchists, such as I) nevertheless believe in the necessity of a state, as long as the state’s role is restricted to the protection of liberty. Other libertarians (anarcho-capitalists) argue that the state itself is illegitimate because the existence of a state necessarily compromises liberty. I have dealt elsewhere with the anarcho-capitalist position, and have found it wanting. (See “But Wouldn’t Warlords Take Over?” and the posts linked to at the bottom of that post.)

Let’s nevertheless imagine a pure anarcho-capitalist society whose members agree voluntarily to leave each other alone. All social and economic transactions are voluntary. Contracts and disputes are enforced through arbitration, to which all parties agree to submit and by the results of which all parties agree to abide. A private agency enforces contractual obligations and adherence to the outcomes of arbitration. (You know that this anarcho-capitalist society is pure fantasy because a private agency with such power is a de facto state. And competing private agencies, each of which may represent a party to a dispute are de facto warlords. But I digress.)

Now, for the members of this fantasyland to enjoy liberty implies, among other things, absolute freedom of speech, except for speech that amounts to harassment, slander, or libel (which are forms of aggression that deprive others of liberty). But what about speech that would sunder the society into libertarian and non-libertarian factions? Suppose that a persuasive orator were to convince a potentially dominant faction of the society of the following proposition: The older members of society should be supported by the younger members, all of whom must “contribute” to the support of the elders, like it or not. Suppose further that the potentially dominant faction heeds the persuasive orator and forces everyone to “contribute” to the support of elders.

Note that our little society’s prior agreement to let everyone live in peace wouldn’t survive persuasive oratory (just as America’s relatively libertarian economic order didn’t survive FDR, the Constitution notwithstanding). Perhaps our little society should therefore adopt this restraint on liberty: No one may advocate or conspire in the coercion of the populace, for any end other than defense of the society.

Why an exception for defense? Imagine the long-term consequences for our little society if it were to dither as a marauding band approached, or if too few members of the society were to volunteer the resources needed to defeat the marauding band. What’s the good of the society’s commitment to liberty if it leads to the society’s demise?

Now, the restraint on speech and the exception for defense couldn’t be self-enforcing. There would have to a single agency empowered to enforce such things. That agency might as well be called the state.

Here, then, is the paradox for libertarians: Some aspects of liberty must be circumscribed in order to preserve most aspects of liberty.

The last word goes to Beauchamp, or rather to Carl Schmitt who is quoted by Beauchamp:

Even if Bolshevism is suppressed and Fascism held at bay, the crisis of contemporary parliamentarism would not be overcome in the least. For it has not appeared as a result of the appearance of those two opponents; it was there before them and will persist after them. Rather, the crisis springs from the consequences of modern mass democracy and in the final analysis from the contradiction of a liberal individualism burdened by moral pathos and a democratic sentiment governed essentially by political ideals. A century of historical alliance and common struggle against royal absolutism has obscured the awareness of this contradiction. But the crisis unfolds today ever more strikingly, and no cosmopolitan rhetoric can prevent or eliminate it. It is, in its depths, the inescapable contradiction of liberal individualism and democratic homogeneity [emphasis added].

The Crisis of Parliamentary Democracy (1926),
translated by Ellen Kennedy

(See also “Inventing ‘Liberalism‘”, which is about the advent of the modern abomination, and “Conservatism vs. ‘Libertarianism’ and Leftism on the Moral Dimension“, especially the footnote about “libertarianism”.)

“Libertarianism”, the Autism Spectrum, and Ayn Rand

The “libertarians” at Reason.com (or one of them, at least) jump on the rightly reviled Nancy MacLean — author of Democracy in Chains — for having said that economist James M. Buchanan (a target of her book) and other early leaders of the limited-government movement “seem to be on the autism spectrum.”

A stopped watch is right twice a day. MacLean isn’t a stopped watch, but she’s right for once.

There’s something about so-called libertarians — at least the ones whose writings I’m familiar with — that led me once upon a time to say following in “The Pseudo-Libertarian Temperament” (block quotation format omitted for ease of reading):

[My] migration from doctrinaire libertarian to libertarian-conservative took place in the last decade, that is, since I began blogging in 2004. Why did my political world-view shift at so late an age? Because I came to realize, without the benefit of familiarity with Haidt’s work, that one’s political views tend to be driven by one’s temperament. That struck me as an irrational way of choosing a political stance, so — despite my own “libertarian” temperament — I came around to a libertarian brand of conservatism, one that I have sometimes called Burkean-Hayekian libertarianism (or conservatism).

The typical “libertarian” — the kind of pseudo-libertarian that I refuse to be — is stridently against religion, for “open” borders, for same-sex “marriage,” for abortion, and against war (except possibly when, too late, he sees the whites of his enemy’s eyes). Mutually beneficial coexistence based on trust and respect deriving from the common observance of traditional, voluntarily evolved social norms? Are you kidding? Only “libertarians” know how their inferiors (the “masses”) should live their lives, and they don’t blink at the use of state power to make it so. How “liberal” of them.

What temperament is typical of the pseudo-libertarian? Here’s [Todd] Zywicki [writing at The Volokh Conspiracy]:

Haidt finds that [pseudo] libertarians place a much higher emphasis on rationality and logical reasoning than do other ideologies. But that doesn’t mean that [pseudo] libertarian beliefs are less-motivated by unexamined psychological predispositions than other ideologies. Again, take the idea that [pseudo] libertarians believe that “consistency” is a relevant variable for measuring the moral worth or persuasiveness of an ideology. But that is not a self-justifying claim: one still must ask why “consistency” maters or should matter. So while [pseudo] libertarians may place a higher stated value on rational argumentation, that does not mean that [pseudo] libertarian premises are any less built upon subjective psychological foundations.

Zywicki links to an article by Haidt and others, “Understanding Libertarian Morality: The Psychological Dispositions of Self-Identified Libertarians” (PLoS ONE 7(8): e42366. doi:10.1371/journal.pone.0042366), which arrives at this diagnosis of the pseudo-libertarian condition:

[They] have a unique moral-psychological profile, endorsing the principle of liberty as an end and devaluing many of the moral concerns typically endorsed by liberals or conservatives. Although causal conclusions remain beyond our current reach, our findings indicate a robust relationship between [pseudo] libertarian morality, a dispositional lack of emotionality, and a preference for weaker, less-binding social relationships [emphasis added].

That’s an uncomfortable but accurate description of my temperamental leanings, which reflect my almost-off-the-chart introversion. As the old saying goes, it takes one to know one. Thus, as I have written,

[p]seudo-libertarian rationalists seem to believe that social bonding is irrelevant to cooperative, mutually beneficial behavior; life, to them, is an economic arrangement.

Elsewhere:

[They] 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….

And here:

Pseudo-libertarianism …. posits a sterile, abstract standard of conduct — one that has nothing to do with the workaday world of humanity….

That is not libertarianism. It is sophomoric dream-spinning.

Finally:

[P]seudo-libertarianism [is a] contrivance[], based … on … an unrealistic, anti-social view of humans as arms-length negotiators…. Pseudo-libertarianism can be dismissed as nothing more than a pipe-dream….

To the doctrinaire pseudo-libertarian, a perfect world would be full of cold-blooded rationalists. Well, perfect until he actually had to live in such a world.

End of quotation. (I especially like the phrase “introverted myopia”.)

What is my own “libertarian” temperament? This is from “Empathy Is Overrated” (block quotation format omitted again):

I scored 12 (out of 80) on a quiz that accompanies the article. My score, according to the key at the bottom, places me below persons with Asperger’s or low-functioning autism, who score about 20. My result is not a fluke; it is consistent with my MBTI type: Introverted-iNtuitive-Thinking-Judging (INTJ), and with my scores on the Big-five personality traits:

Extraversion — 4th percentile for males over the age of 21/11th percentile for males above the age of 60

Agreeableness — 4th percentile/4th percentile

Conscientiousness – 99th percentile/94th percentile

Emotional stability — 12th percentile/14th percentile

Openness — 93rd percentile/66th percentile

End of quotation.

I recite all of this background because I was reminded of my characterization of “libertarians” by Arnold Kling, who today quotes from a piece by Shanu Athiparambath, “Ayn Rand Had Asperger’s Syndrome“:

Ayn Rand, in all likelihood, knew nothing about the autism spectrum. But she could draw from her own life and experiences. The creator of Howard Roark worked obsessively, evening after evening. She rarely went out. Ayn Rand was extremely nervous before public functions, but there was a violent intensity about her. She observed, rightly, that boredom preserves the precarious dignity of people who love small talk. Her sensitivity to cruelty and injustice has largely escaped her readers. All her life, she collected things, and kept them in separate file folders. Her grandmother gifted her a chest of drawers to store her collections, and her mother complained about all the rubbish she collected. She loved ordering and categorizing things, something very fundamental to the autistic cognitive style. Ayn Rand ticks way too many boxes.

Kling, himself, wrote this ten years ago:

In Rand’s study…There were more than two hundred grocer’s cartons, each divided into sections and filled to the brim with colored stones Rand had collected and sorted.

This is from Anne C. Heller’s biography of Ayn Rand. Based on reading Tyler Cowen’s Create Your Own Economy, I would view this stone-sorting behavior as a symptom of someone who was somewhere on the autistic spectrum. Heller does not mention autism or Aspergers’, but there is much in her biography of Rand to lead one to speculate that Rand was a high-functioning individual with that sort of disorder.

I don’t believe for a second that Rand was unique among “libertarians”. On the contrary, I believe that she was normal (as “libertarians” go), and that her “introverted myopia” drove her political philosophy.

Conservatism vs. “Libertarianism” and Leftism on the Moral Dimension

I said this recently:

Conservatives rightly defend free markets because they exemplify the learning from trial and error that underlies the wisdom of voluntarily evolved social norms — norms that bind a people in mutual trust, respect, and forbearance.

Conservatives also rightly condemn free markets — or some of the produce of free markets — because that produce is often destructive of social norms.

What about “libertarianism”* and leftism? So-called libertarians, if they are being intellectually consistent, will tell you that it doesn’t matter what markets produce (as long as the are truly free ones). What matters, in their view, is whether the produce of markets isn’t used to cause harm to others. (I have elsewhere addressed the vacuousness and fatuousness of the harm principle.) Therein lies a conundrum — or perhaps a paradox — for if the produce of markets can be used to cause harm, that is, used in immoral ways, the produce (and the act of producing it) may be immoral, that is, inherently and unambiguously harmful.

Guns aren’t a good example because they can be (and are) used in peaceful and productive or neutral ways (e.g., hunting for food, target-shooting for the enjoyment of it). Their use in self-defense and in wars against enemies, though not peaceful, is productive for the persons and nations engaged in defensive actions. (A war that contains elements of offense — even preemption — may nevertheless be defensive.)

Child pornography, on the other hand, is rightly outlawed because the production of it involves either (a) forcible participation by children or (b) the exploitation of “willing” children who are too young and inexperienced in life to know that they are subjecting themselves to physical and emotional dangers. Inasmuch as the produce (child pornography) can result only from an immoral process (physical or emotional coercion), the produce is therefore inherently and unambiguously immoral. I will leave it to the reader to find similar examples.

Here, I will turn in a different direction and tread on controversial ground by saying that the so-called marketplace of ideas sometimes yields inherently and unambiguously immoral outcomes:

Unlike true markets, where competition usually eliminates sellers whose products and services are found wanting, the competition of ideas often leads to the broad acceptance of superstitions, crackpot notions, and plausible but mistaken theories. These often find their way into government policy, where they are imposed on citizens and taxpayers for the psychic benefit of politicians and bureaucrats and the monetary benefit of their cronies.

The “marketplace” of ideas is replete with vendors who are crackpots, charlatans, and petty tyrants. They run rampant in the media, academia, and government.

If that were the only example of odious outcomes, it would be more than enough to convince me (if I needed convincing) that “libertarians” are dangerously naive. They are the kind of people who believe that disputes can and will be resolved peacefully through the application of “reason”, when they live in a world where most of the evidence runs in the other direction. They are as Lord Halifax — Winston Churchill’s first foreign secretary — was to Churchill: whimpering appeasers vs. defiant defenders of civilization.

The willingness of leftists (especially office-holders, office-seekers, and apparatchiks) to accept market outcomes is easier to analyze. Despite their preference for government dictation of market outcomes, they are willing to accept those outcomes as long as they comport with what should be, as leftists happen to see it at the moment. Leftists are notoriously unsteady in their views of what should be, because those views are contrived to yield power. Today’s incessant attacks on “racism”, “inequality”, and “sexism” are aimed at disarming the (rather too reluctant and gentlemanly) defenders of liberty (which isn’t synonymous with the unfettered operation of markets).

Power is the ultimate value of leftist office-holders, office-seekers, and apparatchiks. The inner compass of that ilk — regardless of posturing to the contrary — points toward power, not morality. Rank-and-file leftists — most of them probably sincere in their moral views — are merely useful idiots who lend their voices, votes, and money (often unwittingly) to the cause of repression.

Leftism, in short, exploits the inherent immorality of the “marketplace of ideas”.

Is it any wonder that leftism almost always triumphs over “libertarianism” and conservatism? Leftism is the cajoling adult who convinces the unwitting child to partake of physically and psychologically harmful sexual activity.


* I have used “sneer quotes” because “libertarianism” is a shallow ideology. True libertarianism is found in tradistional conservatism. (See “What Is Libertarianism?” and “True Libertarianism, One More Time“, for example.)

(See also “Asymmetrical (Ideological) Warfare“, “An Addendum to Asymmetrical (Ideological) Warfare“, and “The Left-Libertarian Axis“.)

The Paradox That Is Western Civilization

The main weakness of Western civilization is a propensity to tolerate ideas and actions that would undermine it. The paradox is that the main strength of Western civilization is a propensity to tolerate ideas and actions that would strengthen it. The survival and improvement of Western civilization requires carefully balancing the two propensities. It has long been evident in continental Europe and the British Isles that the balance has swung toward destructive toleration. The United States is rapidly catching up to Europe. At the present rate the intricate network of social relationships and norms that has made America great will be destroyed within a decade. Israel, if it remains staunchly defensive of its heritage, will be the only Western nation still worthy of the name.

(See also “Conservatism, Society, and the End of America” and “Another Take on the State of America“.)

The Left-Libertarian Axis

I long ago concluded that the path to liberty is found in conservatism, not in what is called “libertarianism”. By conservatism I mean the disposition to rely on the tried-and-true, which doesn’t preclude a willingness to innovate but does insist that the acceptance of innovation must be voluntary. (See “Social Norms and Liberty” and the posts listed at the end. “True Libertarianism, One More Time” and “Why Conservatism Works” are especially relevant here.)

Among many reasons for my rejection of “libertarianism” is its essential similarity to leftism, both ideologically and in its implementation.

The ideological similarity is evident in Arnold Kling‘s three-axes model, which he explains in The Three Languages of Politics: Talking Across the Political Divide. Here are some relevant passages:

In politics, I claim that progressives, conservatives, and libertarians are like tribes speaking different languages. The language that resonates with one tribe does not connect with the others. As a result, political discussions do not lead to agreement. Instead, most political commentary serves to increase polarization. The points that people make do not open the minds of people on the other side. They serve to close the minds of the people on one’s own side.

Which political language do you speak? Of course, your own views are carefully nuanced, and you would never limit yourself to speaking in a limited language. So think of one of your favorite political commentators, an insightful individual with whom you generally agree. Which of the following statements would that commentator most likely make?

(P) [Progressive] My heroes are people who have stood up for the underprivileged. The people I cannot stand are the people who are indifferent to the oppression of women, minorities, and the poor.

(C) [Conservative] My heroes are people who have stood up for Western values. The people I cannot stand are the people who are indifferent to the assault on the moral virtues and traditions that are the foundation for our civilization.

(L) [Libertarian] My heroes are people who have stood up for individual rights. The people I cannot stand are the people who are indifferent to government taking away people’s ability to make their own choices….

I call this the three-axes model of political communication. A progressive will communicate along the oppressor-oppressed axis, framing issues in terms of the (P) dichotomy. A conservative will communicate along the civilization-barbarism axis, framing issues in terms of the (C) dichotomy. A libertarian will communicate along the liberty-coercion axis, framing issues in terms of the (L) dichotomy….

If there is a real difference between P and L, I cannot find it. “Liberty-coercion” is just another way of saying “oppressor-oppressed”. One who isn’t oppressed is therefore (in the view of the “progressive”) enjoying liberty, or is at least one step closer to it.

The operational similarity between leftism and “libertarianism” is the enthusiasm shown by many “libertarians” for government intervention when it advances their particular causes. The following passages, lifted from an old post of mine, elaborate on the ideological and operational similarities of leftism and “libertarianism”.

Some “libertarians” have become apologists for PCness. Will Wilkinson, for example, suggests that

most PC episodes mocked and derided by the right are not state impositions. They are generally episodes of the voluntary social enforcement of relatively newly established moral/cultural norms.

Wilkinson grossly simplifies the complex dynamics of PCness. His so-called “newly established … norms” are, in fact, norms that have been embraced by insular élites (e.g., academics and think-tank denizens like Wilksinson) and then foisted upon “the masses” by the élites in charge of government and government-controlled institutions (e.g., tax-funded universities). Thus it is no surprise that proposals to allow same-sex marriage fare poorly when they are submitted to voters. Similarly, the “right” to an abortion, almost four decades after Roe v. Wade, remains far from universally accepted and meets greater popular resistance with the passage of time.

Roderick Long is another “libertarian” who endorses PCness:

Another issue that inflames many libertarians against political correctness is the issue of speech codes on campuses. Yes, many speech codes are daft. But should people really enjoy exactly the same freedom of speech on university property that they would rightfully enjoy on their own property? Why, exactly?

If the answer is that the purposes of a university are best served by an atmosphere of free exchange of ideas — is there no validity to the claim that certain kinds of speech might tend, through an intimidating effect, to undermine just such an atmosphere?…

At my university [Auburn], several white fraternity members were recently disciplined for dressing up, some in Klan costumes and others in blackface, and enacting a mock lynching. Is the university guilty of violating their freedom of expression? I can’t see that it is. Certainly those students have a natural right to dress up as they please and engage in whatever playacting they like, so long as they conduct themselves peacefully. But there is no natural right to be a student at Auburn University.

Long — who describes himself as a “left-libertarian market anarchist” (whatever that is) — makes a clever but fallacious argument. The purposes of a university have nothing to do with the case. Speech is speech, except when it really isn’t speech, as in sit-ins (trespass), child pornography (sexual exploitation of minors), and divulging military secrets (treason, in fact if not in name).

Long is rightly disgusted by the actions of the fraternity members he mentions, but disgust does not excuse the suppression of speech by a State university. It is true that there is no “natural right” to be a student at Auburn, but there is, likewise, no “natural right” not to be offended.

Steven Horwitz is a kindred spirit:

Yes, legislation like the Civil Rights Act of 1964 involved some interference with private property and the right of association, but it also did away with a great deal of state-sponsored discrimination and was, in my view, a net gain for liberty.

Well, some parts of the Civil Rights Act of 1964, together with its progeny — the Civil Rights Acts of 1968 and 1991 — did advance liberty, but many parts did not. A principled libertarian would acknowledge that, and parse the Acts into their libertarian and anti-libertarian components. A moral scold who really, really wants the state to impose his attitudes on others would presume — as Horwitz does — to weigh legitimate gains (e.g., voting rights) against unconscionable losses (e.g., property rights and freedom of association). But presumptuousness comes naturally to Horwitz because he — like Lindsey, Wilkinson, and Long — stands high above reality, in his ivory tower.

Wilkinson is sympatico with Horwitz in the matter of state action:

Government attempts to guarantee the worth of our liberties by recognizing positive rights to a minimum income or certain services like health care often (but not always) undermine the framework of market and civil institutions most likely to enhance liberty over the long run, and should be limited. But this is really an empirical question about what really does maximize individuals’ chances of formulating and realizing meaningful projects and lives.

Within this framework, racism, sexism, etc., which strongly limit the useful exercise of liberty are clear evils. Now, I am ambivalent about whether the state ought to step in and do anything about it.

Wilkinson, like Horwitz, is quite willing to submit to the state (or have others do so), where state action passes some kind of cost-benefit test. (See “Utilitarianism vs. Liberty.”)

In any event, what more could the state do than it has done already? Well, there is always “hate crime” legislation, which (as Nat Hentoff points out) is tantamount to “thought crime” legislation. Perhaps that would satisfy Long, Horwitz, Wilkinson, and their brethren on the “libertarian” left. And, if that doesn’t do the trick, there is always Richard Thaler’s “libertarian” paternalism (with its statist slant), and Cass Sunstein’s proposal for policing thought on the internet. Sunstein, at least, doesn’t pretend to be a libertarian.

Where is libertarianism to be found? In conservatism, of all places, because it is a reality-based political philosophy.

But what does conservatism have to do with libertarianism? I have in various posts essayed an answer to that question (here, here, here, and here, for example), but now I turn the floor over to John Kekes, who toward the end of “What Is Conservatism?” says this:

The traditionalism of conservatives excludes both the view that political arrangements that foster individual autonomy should take precedence over those that foster social authority and the reverse view that favours arrangements that promote social authority at the expense of individual autonomy. Traditionalists acknowledge the importance of both autonomy and authority, but they regard them as inseparable, interdependent, and equally necessary. The legitimate claims of both may be satisfied by the participation of individuals in the various traditions of their society. Good political arrangements protect these traditions and the freedom to participate in them by limiting the government’s authority to interfere with either.

Therein lies true libertarianism — true because it is attainable. Left-libertarians believe, foolishly, that liberty is to be found in the rejection of social norms. Liberty would be the first victim of the brave new disorder that they wish for.

Libertarianism’s Fundamental Flaw

It seeks to “liberate” mankind by obliterating the very rules of behavior than enable mutually beneficial coexistence based on trust, respect, and forbearance.

Libertarianism is therefore akin to leftism, but naively so. Leftists stand ready to pick up the pieces after they have destroyed the social and economic fabric of civilization. Libertarians will simply wander around in a daze, wondering what happened to the bulwarks of their comfortable existence — until they are liquidated by leftists.

If Men Were Angels

Libertarians, God bless them, are always looking for simple solutions to complex problems. Here, for example, is David Bernstein, writing at The Volokh Conspiracy:

I doubt [that] any two libertarians agree on the exact boundaries of libertarianism, but how’s this for a working definition: “A libertarian is someone who generally opposes government interference with and regulation of civil society, even when the result of such government action would be to clamp down on things the individual in question personally dislikes, finds offensive, or morally disapproves of.”

Thus, for example, a libertarian who hates smoking opposes smoking bans in private restaurants, a libertarian who thinks homosexual sodomy is immoral nevertheless opposes sodomy laws, a libertarian who finds certain forms of “hate speech” offensive still opposes hate speech laws, a libertarian who believes in eating natural foods opposes bans or special taxes on processed foods, and a libertarian who thinks that all employers should pay a living wage nevertheless opposes living wage legislation. It doesn’t matter whether the libertarian holds these positions because he believes in natural rights, for utilitarian reasons, or because he thinks God wants us to live in a libertarian society. [“How’s This for a Working Definition of ‘Libertarian’?,” February 26,2015]

This reminds me of the title of a poem by A.E. Housman: “Terence, This Is Stupid Stuff.” Why is it stupid stuff? Because it omits an essential ingredient of liberty, which is line-drawing.

By Bernstein’s logic, one must conclude that anything goes; for example, a libertarian who hates murder, rape, theft, and fraud must oppose laws against such things. Bernstein, like many a libertarian, propounds a moral code that is devoid of morality.

Bernstein might argue that morality is supplied by prevailing social norms. Which, until the bandwagon effect produced by the Supreme Court’s decision in Obergefell v. Hodges, would have meant the non-recognition of homosexual “marriage”. But libertarians were prominent in the chorus of voices clamoring for the Supreme Court to make a national law recognizing homosexual “marriage”, even though the marriage laws still on the books in most parts of the nation — laws that defined marriage as the union of male and female — arose from prevailing social norms. Libertarians have a slippery way of proclaiming laissez faire while striving to enforce their own moral views through law.

Libertarianism is an ideology rooted in John Stuart Mill’s empty harm principle (a.k.a the non-aggression principle), about which I’ve written many times (e.g., here). Regarding ideology, I turn to Jean-François Revel:

As an a priori construction, formulated without regard to facts or ethics, ideology is distinct from science and philosophy on the one hand, and from religion and ethics on the other. Ideology is not science — which it pretends to be. Science accepts the results of the experiments it devises, whereas ideology systematically rejects empirical evidence. It is not moral philosophy — which it claims to have a monopoly on, while striving furiously to destroy the source and necessary conditions of morality: the free will of the individual. Ideology is not religion — to which it is often, and mistakenly, compared: for religion draws its meaning from faith in a transcendent reality, while ideology aims to perfect the world here below.

Ideology — that malignant invention of the human spirit’s dark side, an invention which has cost us dearly — has the singular property of causing zealots to project the structural features of their own mentality onto others. Ideologues cannot imagine that an objection to their abstract systems could come from any source other than a competing system.

All ideologies are aberrations. A sound and rational ideology cannot exist. Falsehood is intrinsic to ideology by virtue of cause, motivation and objective, which is to bring into being a fictional version of the human self — the “self,” at least, that has resolved no longer to accept reality as a source of information or a guide to action. [Last Exit to Utopia, pp. 52-53]

A key aspect of ideology — libertarian ideology included — is its studied dismissal of human nature. Arnold Kling notes, for example,

that humans in large societies have two natural desires that frustrate libertarians.

1. A desire for religion, defined as a set of rituals, norms, and affirmations that are shared by a group and which the group believes it is wrong not to share….

2. A desire for war. I think that it is in human nature to fantasize about battles against tribal enemies….

If these desires were to disappear, I believe that humans could live without a state. However, given these desires, the best approach for a peaceful large society is that which was undertaken in the U.S. when it was founded: freedom of religion guaranteed by the government, and a political system designed for peaceful succession and limitations on the power of any one political office….

I think that it is fine for libertarians to warn of the dangers of religion and to oppose war…. On other other hand, when libertarians assume away the desire for religion and war, their thinking becomes at best irrelevant and at worst nihilistic. [“Libertarians vs. Human Nature,” askblog, February 17, 2017]

In Madison’s words:

If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. [The Federalist No. 51, February 6, 1788]


Related posts:
On Liberty
Line-Drawing and Liberty
Pseudo-Libertarian Sophistry vs. True Libertarianism
Bounded Liberty: A Thought Experiment
More Pseudo-Libertarianism
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
The Myth That Same-Sex “Marriage” Causes No Harm
Defending Liberty against (Pseudo) Libertarians
The Pseudo-Libertarian Temperament
Parsing Political Philosophy (II)
Libertarianism and the State
My View of Libertarianism
More About Social Norms and Liberty
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
The Harm Principle Revisited: Mill Conflates Society and State
Liberty and Social Norms Re-examined

The Intransitivity of Political Philosphy

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

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

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

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

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

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

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

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

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

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

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

Lu turns to Trump:

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

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

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

Liberal Nostrums

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

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

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

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

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

All of that is more or less opposed to

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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