Friday, November 19, 2010

Is Capitalism Cruel?

Tibor R. Machan

Now this issues must always be dealt with comparatively--is capitalism cruel, harsh, heartless compared to what?

Some folks I know have maintained that compared to socialism, capitalism is indeed all these things but I just cannot buy it. Partly it’s because I have lived under at least one kind of socialism, the Soviet version, which, as only someone who has been living in a cave for a hundred years would deny, is brutal, never mind cruel, harsh, and heartless.

But let’s not focus on the worst case scenario of socialism. Let us take socialism “with a human face,” the sort that is usually associated with Sweden, France, Greece or some other country where the government manages much of the society’s economic affairs but doesn’t punish dissidents and ban freedom of speech. Are these bona fide socialist systems and are they gentle and kind to their population?

Again, compared to what? A fully free market, capitalist system in which everyone must live without resorting to extorting their support from others, without getting bailed out by the government with other people’s resources when they have mismanaged their financial affairs--is such a system more cruel than, say, democratic socialism?

Not really, not by a long shot. Any kind of socialism subjects the citizenry to coercive wealth redistribution and makes it impossible to accumulate wealth for oneself, one’s family, one’s enterprise thus impeding investment, savings and economic development. Instead people in socialist systems have to contend with being slowly bled to economic destitution unless they are savvy enough to circumvent all the damaging socialist practices (think here of George Soros). And, yes, there are quite a few people in socialist societies, even the harshest version of them, who manage to game the system. They may not openly attack their fellow citizens but because they game the system at the expense of these fellow citizens, those others are in fact--although sometimes not visibly--being seriously harmed.

These socialist systems with human faces manage to disguise their mistreatment of all those who are made to pay for the mistakes of many who become used to being taken care of, who feel they are entitled to endless help from the government, who don’t want to reach out to people and contend with the fact that generosity and charity must be voluntary whereas being on the dole is coercive but not easily noticed. Who is paying for those food stamps? The minimum wages one receives? The subsidies to farmers and all the rest of the costly welfare measures? No one can tell because it all goes through politicians and bureaucrats and they do not accept responsibility of how they treat the citizenry, for depriving Peter of what belongs to Peter and hand it to Paul (not before they skim a good deal off for themselves). (I develop this idea in my 1970 paper, “Justice and the Welfare State,” The Personalist.)

Moreover, many people judge socialism by the announced intentions of those who support the system, not by the actual consequences it produces throughout a society. All the unseen losses suffered because of the public mismanagement of the economy are overlooked and, instead, people often believe it is “the thought that counts.” But a little serious, disciplined thinking should soon reveal just what is going on and how what appears on superficial sight gentle and sweet becomes, instead, insidious and harmful.

Capitalism is up front about placing responsibility on free men and women and for this it gets a bad rep from those who are duped into thinking that one can tell the full content of a book by its fancy cover. Capitalism, unlike the welfare state, is more like parents who impose discipline and refuse to spoil their children however much they whine about it. Those who think the system is therefore a cruel one are comparable to teens who bellyache about their parents because they are more interested in justice than in mercy (which in exceptional cases is fine but not as a routine).

Because so many people have found free market capitalism too harsh, too cruel, or too mean, the system has never been allowed to function as it had been meant to by those who considered it best for a society’s economic well being, the likes of Adam Smith, Herbert Spencer, Ludwig von Mises, F. A. Hayek, Milton Friedman and Ayn Rand, among others. (Spencer, especially, got no end of grief because of sentiments like the following: “Sympathy with one in suffering suppresses, for the time being, remembrance of his transgressions….Those whose hardships are set forth in pamphlets and proclamations in sermons and speeches which echo throughout society, are assumed to be all worthy souls, grievously wronged; and none of them are thought of as bearing the penalties of their own misdeeds.” [Man versus the State, p.22].) Instead they followed the lead of John Maynard Keynes and insisted that people who mismanage their economic affairs are entitled to endless bailouts from the government.

Is this actually less cruel, less mean than the alternative, once all the results are considered? I seriously doubt it--just think of Greece, Portugal and, of course, the former Soviet colonies, as well of the members of America’s and many other nations’ future generations!

Tuesday, November 16, 2010

Private vs. State Schools & Free Speech

Tibor R. Machan

Much fuss is afoot now about how various schools, especially colleges and universities, are dealing with the airing of controversial topics. Although by my count this isn’t some kind of epidemic, in several schools the administrators have decided they do not want students to air ideas (or invite guest speakers to do so) when the ideas are controversial or a possible source of emotional reaction from some members of the community. So, for example, when students at Bucknell University tried to make a point about mandated affirmative action policies by differentiating the price of certain items for sale on campus, they were told by the administration to desist. Something similar has happened at UC Irvine, presumably all so as to spare offending some members of the college community.

This phenomenon, though not quite new, has been noticed by some news reporters and commentators, for example Fox Business Network’s John Stossel, who have found it paradoxical that some speech is being regulated, even banned, by administrators at institutions that are supposedly committed to the examination of controversial issues. Some administrations have attempted to cope with the problem by creating “free speech zones” on campus, which effectively moves those who present controversial ideas--mostly, it seems, ones held by conservative student groups and their guests (e.g., Anne Coulter)--into special areas on campus, away from the general population, where they aren’t likely to offend people with insulting ideas.

Of course, such ideas could be about anything but mostly they would have to do with certain politically correct issues, such as race, ethnicity, gender, and so forth. Affirmative action policies, when imposed by law, are a favorite target of conservative speakers when they apply the principles of differentiation to some unexpected areas of life, such as pricing goods and services, even though these same principles are deployed under the protection of the law in the treatment of students and faculty at the institution in question. The idea is, “How come you find it offensive when, say, blacks and whites are charged different amounts of money for the same items for sale even though you think they should be treated differently in the admission or promotion process at your institution?”

One matter that’s often overlooked in discussing all this is the difference between public and private institutions. Public institutions are funded by funds confiscated from all taxpayers, while private institutions are not, which can make a difference in what policies are legally justified at them.

A private college, for example, has the right to institute a policy concerning the airing of controversial ideas that its administrators believe might work to facilitate the educational mission there, while a public institution must abide by the principles of the US Constitution. This is like the fact that in your own home you can restrict and ban speech--say by refusing to allow some guest to talk about some subject--whereas you don’t have the authority to do this when someone speaks out in public, say at a city park. Broadly put, the former isn’t under the jurisdiction of the US Constitution whereas the latter is.

When a private college administration deems it wise and prudent to keep discussion of certain topics confined to special places, it may do offense to the spirit of academic freedom and the tradition of open discussion associated with educational institutions but there is nothing in this that violates either the spirit of letter of the American legal system. But if a public university does the same, that same legal system’s principles are being violated. Yes, even there the administration has some discretion but normally it may not decide in ways that do offense to the public philosophy of American law.

So, then, if a private university institutes a policy of keeping speakers on controversial topics away from the general population, at some kind of “free speech” region, this can be justified in the American legal tradition but if a public university does the same it cannot. That fact may shed some light on how the issue of airing offensive ideas at colleges and universities is being dealt with across the nation’s higher educational institutions.

Wednesday, November 10, 2010

Besmirch & Divert

Tibor R. Machan

Ever since President Obama took office, his proposed public policies have been defended doggedly by all those who favor an increasing large scope for the federal government. Health care/insurance is just one of these policies but, of course, his way of dealing with the recession conforms to it as well. Bail them out, increase their regulation, order their CEO’s to take lower pay than they agreed they would receive, etc., etc. All these are fully consistent with a program of making government--all of the employees of which are, of course, infinitely competent and supremely moral--an all mighty force in the lives of American citizens.

This reactionary approach to the presidency--one that, if successful, will return the country to the age of George III, a former monarch with actually less power than the current federal government has over us--is very difficult to justify in general political terms. It goes directly against America’s founding principles, as they were identified in the Declaration of Independence, and it’s oppressive and economically suicidal to boot. And sure enough, the defenders of Mr. Obama, such as economist Paul Krugman, The New Republic, The New York Times, The New York Review of Books, to mention but the more visible ones among them, do not have any arguments to offer, so instead they engage in besmirching those who offer arguments against the policies they favor. Same goes for Professor Gary Wills (see it here: http://www.huffingtonpost.com/2010/10/27/stephen-colbert-garry-wills-tea-party_n_774662.html).

A recent case in point was where an author supporting Mr. Obama insisted that despite their efforts to hide the fact, the Tea Party folks are mostly racists. This author kept repeating this charge, thus managing to divert attention from the substance of the criticism. The examples given included criticism of policies such as the welfare state which supposedly comes to nothing other than wishing ill for most African Americans. So opposition to small or limited government then amounts to racism-in-disguise.

This way of defending unwise, wrongheaded public policies can produce the result of diverting attention for the substance at issue, namely, whether the welfare state and similar measures pushed for by the president and his cheerleaders is a sound idea by which to govern a country. Never mind that! Let’s make it appear that what is going on is insidious racism. That pretty much consigns the critics to the ranks of the ultimately vicious among us with whom there is no need to argue. No one, after all, argues with Nazis! No one argues with people who regard other people morally inferior by virtue not of what they do wrong, their malpractice, but because of their color or ethnicity. Such people then can be viewed as unworthy of the respect that’s shown to someone with whom one chooses to engage in argument, whose views one decides to take seriously enough to confront intellectually. No, let’s just dismiss the critics as bigots or racists or fundamentally, incorrigibly vicious; that way we ca avoid having to answer their substantive criticism of our public policies.

Maybe this shows just how unsuccessful are all those college and university courses that most students are required to take, namely, basic reasoning, elementary logic, and the like wherein the formal and informal fallacies are discussed and it is shown just why they are fallacies and should be avoided in presenting one’s viewpoint or criticism. Besmirching one’s critics is what is called an ad hominem argument, one that demeans or attacks the person who advances a point instead of the case made in support of it. And such attacks have no bearing on the validity, soundness or related merits or demerits of a case being made.

If Mr. Obama and his accolades cannot produce anything that’s better than charges of racism and bigotry against their political or intellectual adversaries, they are in effect admitting that their viewpoint is bankrupt. No one with even a modicum of merit to his or her argument will resort to ad hominems. The arguments being advanced are supposed to carry the weight of the position and there would be no need for trying to discredit with smears those who oppose it.

Not everyone, of course, resorts to these methods of attempting to shore up the case for Mr. Obama’s public policies but enough do that the conclusion is difficult to escape that they are being a tad desperate. When a Nobel Laureate professor of economics at one of America’s most prestigious universities, Princeton, keeps attacking the character and personality of the likes of Sarah Palin in numerous forums instead of taking issue with them point by point with no reliance on badmouthing them, that suggests, strongly, that what the man has to offer against the criticisms is pretty empty of substance.
Column on Tree Hugger Hypocrisy
Tree Hugger Hypocrisy

Tibor R. Machan

I live in Silverado Canyon, about 7 miles east of Irvine Lake in Orange County, California, and it is a very pleasant place except for the fact that there is a small group of residents who want to dominate the place with their personal life style. They are bent on imposing their private preferences and policies on everyone else without, however, footing the cost of doing so.

Like most canyon communities, Silverado Canyon, an unincorporated part of Orange County located on the edge of the Cleveland National Forest, is populated by a highly diverse group of residents. Rich and poor, professional and amateur, nature lover and hermit, and so forth, there are all kinds of people who live there. And most of them confine their influence to the region they rightfully occupy and for which they paid and keep paying good money. So long as they do not dump any harmful activities or their results on their neighbors, this is just as it should be.

By all rights and common sense, if I want to start managing my neighbors’ lands, I must buy it from them. I do not get to select the TV programs they watch, the garden they wish to cultivate, the stuff they store in their garage, etc., etc. unless I obtain permission from them. That is what property rights mean--you get to decide what you do with or to your property, not others around you unless you gave them permission to butt in.

But the people who are intent on forcing their ideas on everyone else in Silverado Canyon do not have any respect for human rights. One may wonder whether they also believe that women have no rights over their own bodies, or newspapers over the content of their editorials, or authors over the plots of their novels. It makes sense that if they think they are authorized to determine the use of my property in Silverad Canyon, they would also believe they are authorized to determine the use of whatever else is mine, including my body, my novel, my column, etc. I have to assume, then, that they pose a serious hazard to our freedom on all fronts since they believe others’ freedom to make use of their land is open to them to violate just because they feel like it.

Yes, sometimes one’s neighbors engage in undesirable activities on their property but unless this intrudes on others, violates other people’s rights, they must use friendly persuasion to dissuade them, not coercive force. At one time a neighbor of mine across the street from my home in Santa Barbara kept filling up his front yard with a lot of junk auto parts and I finally had enough, so I wrote to him, a friendly but pretty firm letter imploring him to clean up the mess. But I also acknowledged that the front yard belongs to him, not to me, so I need to ask his cooperation and not simply impose my will on him--maybe sneak over in the middle of the night and clear it of the mess on my own. I did not have this authority, not by any reasonable morality and certainly not by any just law. So I asked, implored, urged, and did not demand! And I did actually manage to convince my neighbor and the front yard got cleaned up in no time. And I expressed my sincere appreciation and we remained cordial neighbors for years thereafter.

Alas, the group in Silverado Canyon, members of which refer to themselves as Tree Huggers, does not possess the kind of civility that my Santa Barbara neighbor and I did. Instead of going through the proper process of buying up the land they wish to control or persuading their neighbors to fall in line with their plans, they just make use of all kinds of legal technicalities and pressures that circumvent the rights of their neighbors so as to get their way.

That is the method of an unruly mob, not of citizens of a free society. That is how barbarians behave, not people who have an awareness of the rights of their fellow human beings. And since they refuse to move away from the lands they wish to preserve, keep rural, they are rank hypocrites to boot.
Entitlement Foibles

Tibor R. Machan

Gloating as they are too often wont to do, modern welfare state liberals are eager to point out that when it comes to proposing cuts in government spending, many who advocate it will not be specific. Even more telling, the liberals hold, is the fact that few if any will proclaim Social Security and Medicare a target of such cuts.

Perhaps this makes sense even when one sincerely wants the government to reduce it scope of involvement in society--to become, in short, truly limited as the American Founders wanted it to be and as, in any case, it ought to be. Let’s see.

Social security is often believed to be an insurance program, albeit one that is forced on people, yet still, the money taken for it is regarded by most who paid into it as theirs, so getting it out is naturally seen as simply having one’s funds returned in old age. Perhaps the idea of cutting social security is viewed with suspicion, as a way to rob people of what belongs to them and not as a reduction of government spending at all. Moreover, very likely few people have a clue just how the program could be removed from the government, how it might be privatized, especially after the “liberals”--it always sticks in my throat to call them that--have been working overtime demonizing privatization (even when it would only involve a relatively small percentage of the amount now taken from those who must pay into the system).

Medicare, too, has become something of a fixture and while there are pretty clear cut ways in which the free market could handle the insurance it amounts to, one can easily appreciate that few people have looked closely and hard at just how that might be done. Once people get used to being on the dole, especially for something the demagogues insist is their due by now, the very notion that they might get rid of it will strike most of them as implausible. Just float the idea of privatizing public education, or even public libraries, not to mention public parks and forests and airports! Most folks are unfamiliar with the work that has been done to show that all of this is quite feasible.

I remember when as a teen I was living in Germany where television and radio, not to mention trains and planes and virtually all other means of transport, were government run. To even suggest that this is not only economically silly but also an unjust sharing of benefits and burdens among people with very different needs and desire was met with incredulity. Surely this is to be expected of people whose ancestors were the mere subjects of various rulers, ones who rarely considered them to be self-responsible, who treated them as invalids or infants in most matters of concern.

In short, the governmental habit is difficult to shake--just like any narcotic--once one becomes acclimated to the benefits. The burdens are often hidden, or sold as part of being a citizen (or some similar ruse). And in comparison to how most people throughout the globe used to be treated by their rulers (!), the welfare state is a relatively mild oppressor. So when dismantling it is widely promoted to be cruel and nasty, the fact that doing so would be quite unusual, too, can make advocating such dismantling rather onerous, politically hazardous.

Ayn Rand once wrote a column, if I recall right, titled “It’s Earlier Than You Think,” suggesting that even Americans, with their unique and exceptional political tradition stressing individual rights, aren’t quite ready to accept the responsibility of living in a bona fide free country. They are still suffering from the illusions associated with ancient regimes and with modern statism, given how many reputable people--at colleges and universities and in the media across the land--clamor for these. (Just consider that nearly all of our educational institutions live off government!)

So it is a cheap shot to point out that critics of the bloated state do not always know quite what to say when asked for what in particular they would remove from its jurisdiction. Virtually everything, I think, can be done by people throughout the rest of society and government should only handle what the Founders said, “to secure our rights.” But this is still a revolutionary notion, not comfortable on the lips of politicians and the people considering supporting them

Sunday, October 31, 2010

The Observers

Tibor R. Machan

Many contemporary intellectuals have a problem. They are theoretically committed to the idea that they can be no more than observers of human life and make no value judgments about it. This is because the philosophical basis for evaluating people, their conduct, and their institutions has been destroyed by the view that all that we can do is observe, say what is the case based on what our senses tell us; evaluations, beliefs and statements about what is good and bad, right and wrong are unavailable to us since they cannot be derived from observations alone. They amount to little more than how we feel about something, or how the community to which we belong does. The disciplines in which human affairs are studied have no place for evaluation, only for description. And if there is more, it must come from religion. But religion rests mostly on faith and the faiths of people are too varied to put them on the same page with their judgments and, in any case, who can argue about faith?

Of course, all of this has exceptions but those are not what dominate among our culture’s thinkers. The dominant view is that only observations are intellectually, philosophically respectable. Nothing else is well grounded, nothing else warrants our allegiance. It is this outlook about how our minds work that carries conviction with most academics and those who have studied with them.

This is so even though no one can really stick to the position for very long. Most people, even those who profess to be nothing other than observers--such as university researchers, news reporters or analysts--do have values, often quite pronounced ones, and they rarely can hold them back, keep them out of what they think, say, or write about human affairs. This is especially so with the elite media, be it print or broadcast. On the Internet, too, people--though not all--tend mainly to vent and emote instead of argue for their values because, well, values cannot be defended logically, rationally, or so many have been taught at our institutions of higher learning.

So how do these people then go about trying to apply their felt values? What do they do to influence the world, especially political trends? Mostly by imply and intimate that they are superior observers to those with whom they disagree. And why would this be so? Because they have superior upbringing, education, occupations, and, of course, culture.

You want to have your value judgments taken seriously? Well, then, get go to Harvard or Princeton and get a job at The New York Times or The Washington Post or The Atlantic or NPR, PBS and some other snooty outfit. You will then be able to skip having to argue for your views--your gravitas will do it for you. And all those with whom you disagree, whose values you dislike or disdain, will simply have to slouch away sheepishly as not up to snuff. No one will need to demonstrate that his or her ideas about how we should act and what policies should be pursued are better than the ideas of those who they find objectionable. That will not be necessary. You will simply need to make sure that you are in the company of the elite. Why are they the elite? Never mind that, it cannot be known since that would mean that one could know about which values are superior and which are inferior, just the stuff that is off limits in the contemporary philosophical, intellectual climate.

At one time this outlook tended to engender tolerance for all viewpoints and there was some hope in that so long as the really obnoxious viewpoints were held by just a few in one’s community. And those abroad could be ignored, except, of course, when they grew into large masses of disagreeable folks like Nazis and Communists. But even then, they were mostly kept at arms length, so arguing with them wasn’t necessary.

Now, however, the very disagreeable folks are close up and personal, quite often. Not only do they bring their hostile attitudes to our universities and communities but they actually lash out at us, physically, fatally at times. And that is difficult to deal with by just ignoring it all, sticking one’s head in the sand. So the preferred response, again, is a kind of effeteness, a posture of superciliousness. Spread the idea that the elites will figure it out, they will be able to manage it all, so long as they are in power. And for that to happen their critics must be fended off, marginalized.

The best way to do this when one cannot demonstrate that one’s position is right, that one’s values are indeed sound and should therefore prevail, is to pretend that these opponents are inferior human beings, small and narrow minded.

The observers, they do hold values but they will not argue for them, only insist that their stature and social rank must be honored more than the views of those who are not of their type.

And people are surprised when there is no respectful political discourse in the air during political campaigns! How can there be when the observers have read all others out of the arena and have reserved for themselves the position of, well, observers, with just some refined feelings to spread around that they need not stand up for and justify.

Saturday, October 30, 2010

A Blatant Lie at The New York Times

Tibor R. Machan

Nearly every day I check out The New York Times on line and there is no doubt in my mind that the paper is firmly partisan in favor of egalitarian and other mostly Leftist causes, as well as, of course, the politicians who promote them. The paper just the other day editorialized about how fair and balanced are NPR and PBS. Poppycock!

I do not follow NPR--National Public Radio--except when I am on the road driving a rented car, which happens to be quite often. (I call these my masochistic hours because, well, NPR irritates me to no end.) First of all, the fact that it gets money from the government, money extorted from me and millions of other citizens, is an unforgivable vice of the outfit (as it is of any other that takes part in such a policy, such as PPS, various corporations and individuals on the dole, etc.). I would have no interest in any broadcasters using “public” funds to support what they do even if their reporting and other programming were impeccable other then for purposes of keeping my fingers on the pulse of the nation. (Some of the music on NPR stations is, actually, excellent!) But in addition to using extorted funds to support its programming, NPR’s various news and reportorial programs are about as partisan as The New York Times if not more so--say like what is found in The Nation.

Take their “Fresh Air” segment in which one of their highly polished interviewers finds a favored author or other public intellectual to toss softballs to--reminding me of the saying “throwing Christians to Christians” or something. Hardly any scrutiny is shown of those who champion yet another government program promoting some Left of Center or Left Wing program. The books “reviewed” are always friends to statism and on the few occasions that a book is examined with a free market theme, it is confronted with searching questions mostly about how awful it is that freedom makes it possible to neglect the poor and needy and noble causes like the greening of the globe.

NPR’s staff has absolutely no concern about the heavy hand of government except in cases where it is deployed against terrorist suspects or their defenders. NPR’s minimum support for individual liberty focuses mainly on the press, although given its own reliance on government subsidies it understandably doesn’t address the matter in great depth.

Now my exposure to NPR is not continuous, so I am not able to swear to it that the outfit is uniformly partisan in favor of more government, of statism. But my sample is a pretty good one, especially when you add to my exposure to NPR during my pre-iPod years--when, as I have already noted, I liked the classical music, jazz, and blues many of the stations offered, especially when their home was some university or college campus. This, by the way, is another insidious aspect of NPR, its intimate relationship with university and college radio programming where it is beaming propaganda to young people as if it were scientifically established truth.

In America’s mixed political economy NPR is no big surprise and if it were not a matter of corrupting news reporting and commentary, it would not amount to something especially hazardous to the country. After all, so many other institutions--think of virtually all public education, from elementary to post graduate varieties--are infected with the statist point of view! (Arguably the first item on the agenda to turn the country toward greater loyalty to its initial classical liberal politics and culture would be to eliminate its virtually fully socialized educational system.)

Yet contrary to the recent editorial lie in The New York Times, NPR is really quite a corrosive feature of the country. Not only is its nearly one-sided viewpoint statist to the core--more so that Fox TV news is right wing but which notably has plenty of competitors out there; there is also its annoying snootiness. Has anyone ever encountered someone with a Southern accent on an NPR station (apart from some special guest, a novelist or poet from a place such as New Orleans)? I certainly haven’t.

If I am not mistaken much of European journalism is unabashedly partisan and this futile effort to uphold the standard of neutrality in America’s media just makes little sense. People are always involved in taking sides on various topics and to attempt to purge the news medial of this is hopeless.

The one sound way to address the matter of balance is via competition and that is just what NPR opposes from its ideological stance but also has no way of practicing, what with its special advantage of receiving extorted funds from the government!

Friday, October 29, 2010

Equality Is Only A Cheap Dream

Tibor R. Machan

Two academic researchers, both of them psychologists, have recently rekindled all the fuss about inequality of income in the United States of America. Mostly this topic has been the province of political philosophers, economists and theorists, many of whom have been urging the government to engage in more aggressive coercive resource redistribution. (Such redistribution is, of course, what happens routinely in the marketplace--where people take their wealth and use it to obtain various goods and services, thereby handing to the providers wealth that they, in turn, will redistribute--without any coercion involved.)

But the peaceful wealth redistribution of a free society and market doesn’t sit well with these avid egalitarians because free men and women spend their resources without worrying about distributing it equally, evenly, or fairly, only with doing it peacefully, voluntarily and productively. So the goal of economic equality isn’t served vigorously enough for them, thus they want the government to nationalize the process, take it out of private hands.

OK, so these two psychologists went around asking people about what kind of society they would like to live in and the responses to the question, “What kind of country would you like to live in?” convinced them that most people, as Bloomberg Businessweek reports in its 10/25-31, 2010 issue, “shared a similar vision of what they thought America looked like and what a fairer society would be.” The bulk, “Rich and poor, Republican and Democrats” tend toward egalitarianism.

Well that may be what many people wish for in their dreams. It is fairly cheep to dream like this. But the two researchers--Professor Dan Airely of Duke and Michael I. Norton of the Harvard Business School--did not ask the pertinent question, namely, “Would you prefer a fairer, more egalitarian, society if it meant that your liberty to use your life, time, labor and resources would be severely curtailed by the government as it undertakes making people equal?” But this question wasn’t asked and accordingly the conclusion the researchers reached is completely useless.

People have always had dreams of equality in their view of social life, starting with Plato (who had Socrates imagine the perfect society wherein equality reigned supreme). But as most Plato scholars know, the Republic presents an impossible society, a highly distorted one. Then, more recently, we have Karl Marx whose communist society is supposed to be populated by fully equal citizens who love one another intimately and for whom the principle “from each according to his ability, to each according to his need” governs the realm. This is not a formula for perfect equality but for a great deal more of it than any free market system would generate. However, people forget that Karl Marx imagined communist society as populated not by men and women such as we are but by what he called “the new man,” a different kind of (specie) being from us. Those “human” beings would love the society above all, love everyone as only intimate friends do now. Marx realized that an egalitarian society cannot be the home to ordinary, normal human beings but only to those who fit his idea of the new man.

Our champions of egalitarianism fail to appreciate the significance of the point Karl Marx made. They do not realize that human nature would need to be re-engineered before an egalitarian social-political-economic system could come about. The so called findings of the two researchers also fail to show any appreciation for the point Marx did appreciate. And the price of this error is that the sort of equality they think is so desirable would require the systematic coercive remaking of human beings (something Stalin once envisioned when he hoped that Lysenko, his agricultural guru, could remake us to fit the communist dream).

If the subjects of their study had been apprised of what Marx knew and what has always been true, namely, that making people equal conflicts with their liberty, it is doubtful that they would have jumped on board of the egalitarian ideological train.

Wednesday, October 27, 2010

Charity and Generosity that Aren’t

Tibor R. Machan

In a recent stump speech urging people to keep Democrats in power, President Obama told his audience that America is a country based in large measure on the principle that “we are all our brothers’ keepers.” This is not true, but even if it were and even if that idea were itself a good one, President Obama’s political philosophy has nothing to do with it.

What the president and those who share his politics believe in is the coercive welfare state, not in charity or generosity. For both of these are strictly voluntary--one cannot be charitable or generous by putting a gun to the heads of other people and ordering them to part with their resources for the purpose of supporting various endeavors that these other people haven’t chosen to support. Neither the enforcers nor the victims can claim to be charitable or generous, not by a long shot.

Why, then, does a perfectly well educated man like President Obama, who clearly must know better, insist on characterizing what he favors as charity and generosity? It is very likely a ruse, a way to disguise the real truth which is that he and his cohorts aren’t in favor of charity and generosity at all but in favor of coercing other people to part with their resources to support programs they have not chosen to promote.

Take Obamacare, as an example, which by all accounts isn’t favored by most Americans. Even if it were clearly morally commendable to give health care and health insurance to people who aren’t able to afford it, there is nothing morally praiseworthy in making such “giving” a matter of law and public policy that one isn’t permitted by the government to withdraw from or reject.

The hallmark of morality is to do the right thing of one’s own free will. It isn’t morality when one is regimented to do what is right, it is tyranny! Such regimentation deprives the deed of its moral significance--at most it becomes desirable behavior, at worst involuntary servitude.

But for some reason these facts are systematically disguised when people like the President try to defend the coercive welfare state. The effort to make it all look like a matter of charity and generosity instead of what it is, robbing Peter to benefit Paul (but not before a good portion of the take is handed to the coercive agents themselves), most likely aims to fool people by making them feel like they are greedy, cold hearted, and stingy if they don’t support the program.

This the people clearly need to reject, disown, big time. There is nothing greedy about rejecting the coercive welfare state, not at all. It amounts, instead, to rejecting criminal confiscation of one’s resources, a confiscation that in fact makes the victims less and less able to be charitable and generous and enables the criminals to do with the resources what they please.

Back in the days when pharaohs, kings and czars claimed they owned the countries they ruled, including all its wealth--never mind that they had little to do with producing any of it themselves--government may have seemed to be charitable and generous when it handed over some of this wealth to certain of its subjects. (Even then it was mostly for favors gained from them, not to be helpful!) This is because these monarchs did in fact have legal--though rarely moral--title to the wealth under their control. So their handing it to some (few) needy others could plausibly look like charity and generosity.

But there is no justification for this view seeing that the idea that the government owns the country’s wealth is pure poppycock (despite what some prominent legal scholars claim). It is the citizenry that owns the wealth, not the government (apart from some of the politicians’ private holdings which they rarely part with other than so as to help them gain power).

In our day it is pretty clear that government does nothing much that’s productive. It may, if it does its job right, provide protection for its citizenry from those who would violate their rights, including their property rights. But as it now stands this proper job of government is nearly everywhere corrupted and government has joined the criminal gangs that embark upon extortion, theft, confiscation and oppression, not on what the Declaration stated as its task, the securing of our rights.

Tuesday, October 26, 2010

Democracy and Human Rights

Tibor R. Machan

Tim Snyder made a very important observation on democracy and human rights in a recent piece for The New York Review of Books. He wrote, “As important as democratic procedures might be, opponents of communism in Eastern Europe spoke more often of human rights. Without human rights, democracy can be, as they say in Eastern Europe, managed. And above all, to be free means to find that cool place under the bridge, and remain there despite the current…” (“In Darkest Belarus,” 10/28/2010) This point is crucial to keep in mind as one considers the ways that individual liberty can be given its proper intellectual support.

Among some very influential thinkers today, like the Harvard University Nobel Laureate Amartya Sen, the most crucial feature of a just community is democracy, meaning the right of everyone to take part in the most widespread discussion of public policy. As Sen says, "participation in political decisions and social choice ... have to be understood as constitutive parts of the ends of development in themselves" (p. 291). And Sen holds that the legal order of a country is to be decided upon by way of a democratic or national conversation. The governing laws emerge from such a discussion so there are here no pre-legal principles in place such as those the American Founders believed in, basic individual rights that all must respect and governments must secure. Everything seems for the likes of Sen to be open for debate or discussion and only after this has concluded can we talk of constitutional principles, fundamental laws, justice and the like. As he puts it,

Indeed, the connection between public reasoning and the formulation and use of human rights is extremely important to understand. Any general plausibility that these ethical claims, or their denials, have is dependent, on this theory, on their survival and flourishing when they encounter unobstructed discussion and scrutiny, along with adequately wide informational availability (“Elements of a Theory of Rights,” Philosophy & Public Affairs 32.4 [2004] p. 349).

Sen does also hold that one's right to one's liberty is basic but because public discussion would, as he puts it, “sustain it.” Yet any other rights, such as the right to private property that is so vital to market operations and other elements of human liberty, or (one may assume) the right to travel and such are not for him basic. As he explains, "There is a priority of liberty ... but it arises from the conviction that reasoning in public would sustain it.... I do [however] disagree [about] the inclusion of property rights within the realm of personal liberty...."

Sen evidently does not appreciate what the Eastern Europeans realized when faced with communism, namely, that “to be free means to find that cool place under the bridge, and remain there despite the current.…”

The right to private property, in other words, is the right that holds off even the majority when the majority refuses to respect the freedom of the individual. As Snyder notes, anti-Communist dissidents placed the emphasis on individuality, on human rights, because if these are secure, one is free even from the majority. That right--just as the similarly basic ones such as the right to freedom of religion, of speech, of association, and so forth--serves as the principle by reference to which human beings are free in the concrete, practical sense that others must obtain consent from them in order to involve them in their projects, no matter how important to them those projects happen to be. No majority may override any individual’s right to liberty, including the liberty to seek, obtain and hold property. Indeed, it is such property that makes effective independence possible in the midst of human communities.

The reason democracy appears to be more important to some than are human rights is that for the longest time in human history the vast number of human beings were not “permitted”--the very idea is offensive--by their rulers to influence public policy, which was something rightfully resented and in time resisted. But while this may explain the popularity of democracy, it is no substitute for the more basic regard one should have for human individual rights, including the right to private property, the ultimate bulwark against tyranny.
Yes! PBS (and NPR) Must Go!

We finally have the right idea about public broadcasting in
the air. The New York Times reports that there is now a serious
call in Washington for the total abolition or privatization of
this wholly inappropriate government supported, partially tax
funded medium of Left wing propaganda.

Actually, I don't care how Left wing any national medium
happens to be, so long as I am not forced to pay even a penny for
its upkeep. There are dozens of very prominent magazines with
a Left wing editorial policy - The Nation, Progressive, Mother
Jones, Utne Report, The New York Review of Books, to name only the
more prominent ones. In the fields of both popular and scholarly
publications, the Left still holds prominent sway, despite all the
talk about the "collapse of Socialism." But no one is forcing me
to subscribe - I do so, when I do so, because I am interested in
just how wrong intelligent people can be.

PBS and NPR - National Public Radio - in contrast, are massive
broadcast ventures, supported and partly funded by the federal
government, from taxes going to, e.g., the Corporation for Public
Broadcasting.

Contrary to what many conservatives complain about, it is not so
much the lack of balance in the programming that is so insidious. It
is that there exists a first amendment medium that people in this
country are forced to pay for.

Of course, it is undeniably true that both PBS and NPR are run
for the sake of spreading socialist ideology. These people, contrary
to what The New York Times keeps doggedly repeating, are not liberals.
A Liberal believes in, for example, civil liberties and equality of
opportunity, a free press and fairness, among other things. Liberals
lean toward socialism mostly in economic matters. The editorial tone
of nearly all PBS and NPR programming is radically socialist and, more
recently, fascist - especially when it comes to environmental and
feminist matters.

PBS runs innumerable opinion programs, beginning and ending, of
course, with all the opportunities Bill Moyers gets for airing his
pious laments about the universe. Moyers is no liberal but an agitator
for the position that everything that is wrong with the world is due
to the United States of America. His repeated intoning about what
"we, in this country, are doing to ..." is so tiresome that I simply
cannot watch him, even when he interviews people I regard interesting.
PBS's several interesting round table programs on various facets of
our legal system is also very biased toward the left liberal agenda.
The leaders of these discussions, whose panels do manage to be balanced
- if you believe that there are only two viewpoints in America worth
telling the viewers about - are nearly all Harvard law professors and
their orientation tends always toward leftist moralizing. There are
no communists, libertarians, Muslims, Moonies or any other theorists
who don't fit the mainstream balance, outside of some militant
feminists and multiculturalists on these programs. And, more importantly,
no one outside the Eastern educational establishment ever appears on
them - which, frankly, annoys me, who teaches at a southern university
no one at PBS ever thinks of inviting to appear on their programs.

There are fine things, too, on PBS. And who knows, maybe it does
full justice to the intellectual market place, so balance need by no
means be the standard by which to judge it.

It is only because PBS is a government created and (partially)
funded monopoly that I fully support those who are calling for its
abolition. I would be even more enthusiastic if NPR got the axe - it
has the most whiny, openly Left wing editorial tone among all mainstream
media efforts. Its staff have just one voice, that of the smooth,
velvety Eastern intellectual. (Just listen and try to find someone
with a southern, Bronx or foreign accent, outside a few guest essayists.
But then the same phenomenon would not bother me much if found on ABC,
CNN or A&E, since I am not made to spend a dime of my life on those.)

Let us get the government out of at least one major and very
sensitive industry. There should, in short, be the same policy in
government toward media as there is toward religion - it should neither
ban nor establish any denomination, regardless of its content. Let
all geniuses in the industry like Bill Moyers and Nina Totenberg find
a job on the open market - surely there are plenty of media outlets
now. I look forward to not seeing Bill Moyers, say, on the Discovery
Channel, or, per chance, on Nick at Nite!

Monday, October 25, 2010

Anti-Intellectualism among Animal Rights Advocates?

Tibor R. Machan

It is only a small sample but it comes from a significant corner of the academic community, a law school where I was invited to give a talk on the debate about animal rights. I did deliver such a talk at the University of Wisconsin, Madison, law school on October 21, 2010, and I was surprised how few supporters of animal rights showed up for my talk even though several of them were invited and there was even talk of a formal debate.

I mentioned this at the dinner that followed and was told that there had been a concerted effort by local animal rights advocates to boycott my lecture. Word had gone out to members of the community of animal rights advocates, via email and such, about how I have written critical papers and a book on the subject and how no one ought to show up for my talk.

I am, after 40 years of teaching, still a bit naive about the nature of academic life so I was somewhat taken aback because my understanding had always been that it is at universities and colleges that debates and discussions about controversial issues are carried out, usually in an atmosphere of civility. Alas, I must not really be as aware about how universities and colleges work as I would like to be.

The reality seems to be that in many such communities discussions aren’t all that welcome. Instead the attitude is combative: Let’s show those with whom we disagree that we are against them, solidly, that we have no respect for the idea of a philosophical debate on the topic but want to silence, boycott, or exclude those who don’t already fall in line with our position.

It is this attitude that was in evidence here, or so my hosts informed me. I had written papers and a book on the topic of animal rights and environmental ethics in general over the last 20 years. I wrote on animal rights first because I had been working on natural rights theory for a good bit of my career, starting with my doctoral dissertation. When I first heard that there are those who believe that animals have the sort of rights we human beings are said to have, as per the Declaration of Independence and the philosopher John Locke, I wanted to see whether the ground for making this claim exists. If the underlying facts are not there, then no such rights could be supported, I figured, and indeed that is how it turned out when I looked at the matter closely.

Having natural human rights depends on the fact that human beings are moral agents and in human communities they require a sphere of personal moral authority--or what the late Robert Nozick called “moral space.” Natural rights are what circumscribe this sphere, spell out where it is that a person is in charge of what happens and where other people must not enter without being invited to do so. In this “space” people do as they choose and get judged or evaluated based on standards of morality. Unless they enjoy the liberty or freedom to act as they choose, their conduct lacks moral significance. Their moral agency would then be undermined. So their basic rights are necessary conditions for acting in morally significant ways in the company of other people. (Others are free to interfere or refrain from doing so, whereas non-human agents aren’t free to do so.)

Well, this is a controversial position and I have had my critics over the years and have been giving some talks and writing a few papers around college and university communities in America and abroad laying out the case as I see it. In most cases I have met with civil opposition. I did, however, notice that although I discuss them in some detail, neither of the prominent animal rights--or animal liberation--defenders, Professors Tom Regan and Peter Singer--have bothered to acknowledge by arguments (even when we have been invited to contribute to the very same book of collected papers on the topic). I have puzzled over this but thought that perhaps it is due only to these folks being quite busy with various tasks and having no time to deal with what I have written (although they both know me personally).

The experience at Madison was an eye opener. It appears that the lack of attention to my arguments from these prominent figures may be quite deliberate, a kind of boycott instead of an oversight. And that suggests a measure of anti-intellectualism, a refusal to engage on the topic at hand. But why? Is it to marginalize criticism of their views? Is it to play a certain kind of strategy whereby the refusal to take account of criticisms is meant to exclude the criticisms from the discussions? I am not sure--I haven’t asked. But it is an interesting phenomenon for sure.

Tuesday, October 19, 2010

Why Obama Doesn’t Seem to Relate--emotionally

Tibor R. Machan

Most of the time when I hear about how President Obama lacks
the emotional disposition that most Americans would like to see him
demonstrate, I am disinclined to make much of the point. What I want
from someone in the role of the presidency is good thinking and not
sensitivity.

Nonetheless I have been paying a bit more attention to this
criticism of the President because as I have been following his
efforts to bolster the chances of Democrats to remain in power in
Washington, DC, I have noticed that there is something amiss with how
he comes over emotionally.

As a start, Mr. Obama is always glib, as if nothing on earth
could phase him, as if it is all old hat to him, he is way ahead of
everyone. This comes through, for instance, in his repeated dismissal
of anything that members of the Tea Party complain about. And that’s
just the beginning.

One related steady emotional theme in the president’s talks is
the effort to be accommodating toward critics and enemies of America.
Indeed, the very idea that Mr. Obama would identify anyone as an enemy
of the United States of America seems off base. This is because it
looks like he is mostly interested in building bridges between us and
them, however barbaric they may be.

Mr. Obama is one of those American intellectuals who appears to
be stopped from criticizing anyone abroad because, well, this country
has had slavery and segregation and poverty so how could it justify
being critical of anyone. It shows a spirit of perpetual
self-criticism and mea culpa, attitudes that appear to dominate the
president’s conscience (and we are here talking about appearances).
There is no black and white for the man--no one, not even a vicious
terrorist and a leader of a country in which women are systematically
and barbarically oppressed, justifies for him any sort of firm moral
condemnation. Like those ever-permissive parents who always have an
excuse for what their offspring are doing, no matter how mischievous
or outright evil it manages to be, for Mr. Obama those who attack
America, actually attack innocents everywhere, just could not be all
bad, unworthy of understanding.

This mentality of turning the other cheek, no matter what,
appears to underlie the widespread distrust people have of Mr. Obama’s
emotional makeup. Emotions, although they are ultimately unreliable
guidelines to action, are pretty good clues to what system of values
someone has internalized. If one has to force oneself disapprove of
or condemn vicious conduct and people and it doesn’t arise naturally,
people who do have a sense of just how bad some others can be will
become suspicious.

President Obama and his cheerleaders must realize that
eloquence is no substitute for emotional balance, for being in tune
emotionally with what those deserve who comport themselves
villainously. Being well spoken is not enough. One must also have a
sense of what needs to be said, have substance to communicate, a sense
of justice, if you will.

Or perhaps Mr. Obama just despises being disliked by people,
even by vicious rulers abroad. But that, too, reveals his emotional
priorities. Mr. Obama needs to open himself up to the possibility
that some people should really be hated, that they are evil and not
merely misguided, sick, or deranged.

Human life is distinctive in the world precisely because human
beings have a moral nature and they can act irresponsibly, morally
deplorably, contemptibly, as well as admirably, demonstrating moral
excellence. And while that idea has always had its detractors, the
moral skeptics, they simply cannot sustain their denial that people
are moral agents and capable of doing vile things for which they ought
to be condemned. They do not deserve sympathy but contempt.

And this is evident from the fact that the one exception to the
skeptics’ ambivalence about morality is their own utter contempt for
those who do take morality seriously. They tend to be dismissed, even
derided, as fundamentalists or moralizers, which is clearly and
paradoxically something (morally?) contemptible to the skeptics!

Moral skeptics usually are hoisted on their own petard. Their
amoral stance isn’t philosophically sustainable because human beings
are indeed moral beings, unlike the rest the members of the living
world. And one result of having a moral nature and admitting to it is
that one will openly cope with moral evil as well as moral excellent.
If one denies this, as it seems President Obama does when it comes to
America’s enemies, it will eventually stand in the way of reaching out
to ordinary people.

Sunday, October 17, 2010

The Amorality of Macroeconomics

Tibor R. Machan

In a surprisingly sensible essay in The New York Times, on Sunday October 17, 2010, David Segal gives a pretty good explanation of why macroeconomics is so unsuccessful. It’s human nature, stupid. People just aren’t predictable--will they do this or that when provided with easy money from the government? Is soaking the rich really a good idea--suppose they would do much more good with their money than would government? Do the poor really deserve a break in tax policy or are some quite irresponsible and thus not good candidates for giving them tax breaks?

As Segal concludes his piece, “But the economy is a hugely complex problem. So we either simplify the problem and offer a solution, or embrace the complexity and do nothing.” Yes indeed, and it is the second alternative that makes the best sense. Why?

Because while “we”--which is to say, governments--may do nothing, that is by no means the end of the story. While governments do nothing, the rest of us may very well do a great deal. Indeed, it is probably in large measure because the government does nothing that most of us do something, something with the funds the government does not extort from us. If we can keep those funds, they will not usually be put under our mattresses but spent on various projects that we want to get done and which then will create jobs that are actually achieving something that is wanted by people instead of the allegedly “shovel ready” jobs no one needs and government merely invents (like all that road work in my neighborhood that involves repairing what does not by any reasonable assessment require being repaired).

One thing that Mr. Segal’s essay brings to light is just how unprincipled is much of macroeconomic theory, the type that fancies itself capable of managing a country’s economy. In one of his passages Segal relates Harvard econ professor N. Gregory Mankiw’s thought experiment from his book Principles of Economics (Thomson/South-Western, 2004), in which “a town must maintain a well. Peter, who earns $100,000, is taxed $10,000, or 10 percent of his income, while Paula, who earns $20,000, hands over $4,000, or 20 per cent of her income.” Never mind that being taxed isn’t exactly “handing over” a portion of one’s income (although such language does show just how thoughtless is a lot of macroeconomic thinking). Notice, instead, that in the thought experiment, which is, all in all, a pretty realistic one, it is taken as given that the town must maintain a well.

But towns are not people. They are not even corporations--they are populated by people, some of whom may not want or need a well at all, some of whom do, and some of whom may find a well useful up to a point, after which they might elect to pay for water brought in from somewhere else. The kind of thinking that treats the people of the town as some kind of beehive or ant colony is way off.

A town--and, of course, a country like the USA which the government macro-economists embark upon managing--is made up of a lot of very different individuals, with very different goals, abilities, virtues and vices, and so forth, and to lump them together is utterly misguided and must produce bad policies. And once the economic issues are treated not as those faced by towns but by various individual human beings in the various groupings of their own choice, the situation presents itself quite differently. For one, ethics enters the picture. And in nearly any ethical code human beings have identified as guidelines to how they ought to conduct themselves, it is unacceptable to confiscate funds from Peter and use it to support Paula unless the two of them reach an agreement to enter some such arrangement. It is not to be dictated from above, as is macroeconomic policy, with no regard for the niceties of ethics or morality. (Which is what’s so bad about centrally planned economies.)

One reason the human race has come up with certain general ethical principles--contained in, for example, Aristotle’s list of virtues, the Ten Commandments, Kant’s categorical imperative, or the various school of morality--is that these are thought to be sound clues to what kind of actions people may take and what they ought to avoid taking. Not everyone will follow the advice but it is no surprise that if they do not, mayhem is produced.

And that is just what happens in interventionist macroeconomic policy. So not doing anything--given the real complexity of human affairs and the broad ethical guidelines that actually prohibit doing what macro-economists propose doing--is a good alternative to simplistic meddling.

Friday, October 15, 2010

In Defense of the Adversarial System

Tibor R. Machan

Every once in a while I get sucked into defending the way the legal system aims to secure justice in the criminal law. In particular, why do the accused or suspected criminals get to be defended so vigorously, as if they were always victims of perpetuation rather than pretty much guilty as charged. Defense attorneys, especially, get a lot of flack if they accept as clients people everyone “knows” are guilty as sin. How could they do such a thing? Isn’t that immoral? Does it not in fact make the profession corrupt?

I keep insisting that this normally isn’t so at all. Defense attorneys are committed, professionally, to provide the best defense to anyone who hires them because the system is supposed to work as an adversarial one, whereby justice is supposed to emerge from a debate as to what is the truth of the matter, who did what and was it a crime and how responsible is the defendant if at all. It resembles the Socratic method of inquiry, study or research whereby questions are raised and answers proposed, then criticized, on and on until one reaches the answer that can withstand all reasonable objections for the time being! In the end, given the available context of information and analysis, the result is as good as it gets. Wanting more is unreasonable, even irrational!

So no one can have a rational position on the issues that gave rise to the trial prior to its taking place (and the assorted associated procedures). Sure, people can speculate, even bet on the result that’s likely to be reached once the entire process has played itself out. But before that no one is supposed to know whether the accused defendant is guilty or not, not as far as the law is concerned. The way the system works is supposedly a very effective one for purposes of reaching a sound conclusion. The jury, for example, will have heard pros and cons and all the evidence and arguments for both sides and then can take it upon itself to render a just verdict.

Nor is the justice to be achieved perfect, incontrovertible. That’s what appeals are about. Only once the whole processes has been deployed is there a best result available and that result is not to be regarded as timelessly unassailable, forever the best. No results of human inquiry, be it in ethics, law, science or philosophy can promise a final resolution, not until time has come to an end! That is the human condition and unless someone has the word of an omniscient God to consult about it all, no one can reasonably want anything better.

More generally, human knowledge ought not to be expected to produce the last word on any subject. That’s not knowledge but omniscience! We live in an unfolding universe and whatever knowledge we manage to gain of it must accommodate that fact and not aim for more. Otherwise skepticism and cynicism arise, the belief that no one can know anything and that all human efforts are useless and futile.

Some people would delight in spreading such an idea around since then they might get the chance to convince us that they do have special abilities, mystical insight and such, that entitles them to lord it over the rest of us “mere” humans. But it is ruse since no one has such abilities. Knowledge, the proper kind, needs to be earned through hard work and there will always be room for updating it as time unfolds and new information comes to light.

Here as in many other areas of human affairs it is once again best to remember that the perfect or ideal is the enemy of the good! Wishing for the impossible dream will prevent one from obtaining the very best that’s humanly possible. And that should be all counts be enough.
In Defense of the Adversarial System

Tibor R. Machan

Every once in a while I get sucked into defending the way the legal system aims to secure justice in the criminal law. In particular, why do the accused or suspected criminals get to be defended so vigorously, as if they were always victims of perpetuation rather than pretty much guilty as charged. Defense attorneys, especially, get a lot of flack if they accept as clients people everyone “knows” are guilty as sin. How could they do such a thing? Isn’t that immoral? Does it not in fact make the profession corrupt?

I keep insisting that this normally isn’t so at all. Defense attorneys are committed, professionally, to provide the best defense to anyone who hires them because the system is supposed to work as an adversarial one, whereby justice is supposed to emerge from a debate as to what is the truth of the matter, who did what and was it a crime and how responsible is the defendant if at all. It resembles the Socratic method of inquiry, study or research whereby questions are raised and answers proposed, then criticized, on and on until one reaches the answer that can withstand all reasonable objections for the time being! In the end, given the available context of information and analysis, the result is as good as it gets. Wanting more is unreasonable, even irrational!

So no one can have a rational position on the issues that gave rise to the trial prior to its taking place (and the assorted associated procedures). Sure, people can speculate, even bet on the result that’s likely to be reached once the entire process has played itself out. But before that no one is supposed to know whether the accused defendant is guilty or not, not as far as the law is concerned. The way the system works is supposedly a very effective one for purposes of reaching a sound conclusion. The jury, for example, will have heard pros and cons and all the evidence and arguments for both sides and then can take it upon itself to render a just verdict.

Nor is the justice to be achieved perfect, incontrovertible. That’s what appeals are about. Only once the whole processes has been deployed is there a best result available and that result is not to be regarded as timelessly unassailable, forever the best. No results of human inquiry, be it in ethics, law, science or philosophy can promise a final resolution, not until time has come to an end! That is the human condition and unless someone has the word of an omniscient God to consult about it all, no one can reasonably want anything better.

More generally, human knowledge ought not to be expected to produce the last word on any subject. That’s not knowledge but omniscience! We live in an unfolding universe and whatever knowledge we manage to gain of it must accommodate that fact and not aim for more. Otherwise skepticism and cynicism arise, the belief that no one can know anything and that all human efforts are useless and futile.

Some people would delight in spreading such an idea around since then they might get the chance to convince us that they do have special abilities, mystical insight and such, that entitles them to lord it over the rest of us “mere” humans. But it is ruse since no one has such abilities. Knowledge, the proper kind, needs to be earned through hard work and there will always be room for updating it as time unfolds and new information comes to light.

Here as in many other areas of human affairs it is once again best to remember that the perfect or ideal is the enemy of the good! Wishing for the impossible dream will prevent one from obtaining the very best that’s humanly possible. And that should be all counts be enough.

Tuesday, October 12, 2010

Rights and the Self
Tibor R. Machan
The human self gets all kinds of abuse from intellectuals, poets, artists and entertainers. Hubris and selfishness are roundly condemned whereas selflessness and unselfishness are widely praised. This rank misanthropy is fatal to the assertion of human rights!
Even as the Nobel Prize goes to the jailed Chinese champion of individual rights in opposition of the Communist Chinese government’s unabashed affirmation of its placing such a person in jail for more than a decade and even as the more pragmatic Western commentators lament the fact, the connection between altruism and the violation of individual rights is rarely being made. Yet it is a major source of the age long abuse of human beings and their liberty since, of course, free men and women are not bound to always overlook themselves as they pursue their various tasks in their lives.
What is the source of this awful paradox? How come so many demean human beings while also champion their liberty to do as they judge fit when the latter clearly runs the risk that they will look out for themselves first and foremost in numerous realms of their lives?
One main reason is that over the centuries very often human nature has either been completely annihilated or utterly derided as nasty and brutish and anti-social. Not only did some versions of Christianity—although by no means all—affirm and vigorously defend the doctrine of original sin, such that every person is born laden with evil from which he or she needs to be saved by baptism and other rituals. But secular philosophies, such as that of the very influential English political philosopher Thomas Hobbes, declared people to be fundamentally ill-willed, brutal to their fellows and rapacious in all manner of human endeavors, especially the economic. This idea that we are all ruthless, amoral profit maximizers is very fashionable, especially in Hollywood where Oliver Stone makes millions depicting economic agents as nothing but vicious cads.
Why did this view become so credible even while people, especially those in the business world, are routinely pursuing a course of conduct that advances not just their but everyone else’s profit with whom they trade? Why will the silly zero sum game vision of human economic life not go away even while nearly all trade actually advances the economic interest of all the traders?
A source of this very hostile view of humanity comes from the belief that we are automatically driven to charge ahead with no regard for anything else but power and wealth. Where this vision gained its plausibility is in classical physics which Hobbes used as his model for explaining everything, including human life and politics. All of us are like atoms, like matter-in-motion moving forward blindly, ineluctably and whoever we meet we are inclined to mow down mercilessly, just as are the physical bits and pieces of which the material world is made crush anything in their path that's weak. And for those who championed original sin what stands out about us is our animal nature, the element of us that places us at home in the wilds or the jungle. Only when we focus on the spiritual are we saved from being insufferably mean and nasty.
None of this makes much sense of our actual lives in which the great majority of us are focused on both, our own flourishing and on the well being of those close to us and even quite far! Only a small portion of humanity fits the picture that depicts us as heartless brutes. Even when we are indeed selfish—or as the ancient thinkers would have it, properly prudent—we are by no means anti-social. Mostly we realize that the company of our fellows is a great plus in our lives whether we cooperate or compete with them.
Unless people wish to give up on fighting for their rights not to be oppressed and tyrannized by the worst among us, they will need to stop denigrating themselves and assert their own value. That way, also, lies their full acknowledgement of the value of other human beings and their basic rights.

Thursday, October 07, 2010

The Times’ Phony Integrity

Tibor R. Machan

In its October 6, 2010, editorial, “Lamentable Speech,” The New York Times stood up for a hard line stance on the right to free speech. As the editors wrote, “To the American Nazi Party, Hustler Magazine, and other odious figures in Supreme Court history, add the Rev. Fred Phelps Sr. and the members of the Westboro Baptist Church in Topeka, Kan. Their antigay protests at the funeral of a soldier slain in Iraq were deeply repugnant but protected by the First Amendment. All of the sympathy in the case of Snyder v. Phelps, which was argued on Wednesday at the Supreme Court, goes to the family of Lance Cpl. Matthew Snyder, the fallen Marine. But as the appeals court in the case observed, using words of Justice Felix Frankfurter, ‘It is a fair summary of history to say that the safeguards of liberty have often been forged in controversies involving not very nice people’.”

OK, so far so good except, as one comment on the editorial pointed out, where has The New York Times been when hate speech laws were being passed? Why didn’t it defend the right of those uttering hateful opinions about blacks? Well, one can only suppose that those folks do not deserve the same protection that was provided to the American Nazi Party or, in this case, the Rev. Fred Phelps Sr. and the members of the Westboro Baptists Church. It would have been politically incorrect or, to use the old fashioned term, impolitic to argue for that.

Even more obvious is The Time’s very partial support of constitutional integrity when one thinks where it stands on the takings clause of the Fifth Amendment which suffered a major blow from the U. S. Supreme Court back in July of 2005, in the case of Kelo v. City of New London Connecticut, when it supported the confiscation of private property for the purpose of bolstering the City’s tax based by approving its taking of private property to be given to a private firm that was to develop it and then pay big bucks to the city in taxes. (BTW, to this day the property hasn’t been developed!) So while it is OK for the court to insist on the full protection of the free speech rights of a group of nasty bigots, it isn’t OK for it to insist on the full protection of the equally vital constitutional principle private property rights against the intrusiveness of city governments. Not a sign of true integrity, me thinks; more a matter of the philosophy of “a living constitution”!

So what is it with The Times and others who appear to hold that the right of freedom of speech is vital--well, except when hate speech is involved--but the right to private property, which actually supports the former right (because, after all, unless property rights are secure, freedom of speech or religion isn’t either), can be dispensed with? I hazard to guess that the cherry picking of rights is in the spirit of The Times’ pragmatic philosophy, one that actually has no respect for basic principles in any sphere of reality. To pragmatists everything is negotiable. And that doesn’t preclude posturing as defenders of principle now and then, when some agenda one is favoring may benefit from it.

What agenda might be served by insisting on upholding the principle of the right to freedom of speech in this case? Well, what pops to mind is that perhaps those soldiers and their families who are being harangued by Rev. Fred Phelps Sr. and the members of the Westboro Baptists Church aren’t fighting in a war that The Times approves of. Another might be that The Times is not very fond of the US Military in general. Yet another might be that freedom of speech is only of special interest to The Times--after all, it mostly operates under the protection of the First Amendment as it editorializes and opines about innumerable subjects. (But to come out and defend hate speech would be too much--The Times is too committed to the special interests of certain groups at which such speech is often aimed.)

No, I do not for a moment believe that The New York Times has come to see the significance of principled adherence to the Bill of Rights no matter how readily its editorial quotes Justice Felix Frankfurter. Pragmatism does not forbid making use of principles when it serves the special purpose to which a pragmatist is devoted, just as Communists and Nazis have no trouble making use of the US Constitution as they defend those principles that make it possible for them to attack the very political system that’s founded on them.

One needs to be careful not to be taken in by the phony parading of principles by those who really, in the end, care not a whit for principles, for whom integrity is deep down but a sign of naive fundamentalism--consider how defending free market capitalism is ridiculed as “market fundamentalism” by one of the favorite columnists of The Times even though most who stand up for that system do so as a matter of their commitment to principle!

Wednesday, October 06, 2010

The Cost of Lack of Trust

Tibor R. Machan

Over the last couple of days a bunch of announcements came from our government, including warning about travel to Europe where terror plans are said to be afoot by Al-Qaeda. Another warning came from the man convicted of trying to blow up Times Square--he said after he was sentenced to life in prison that Americans will be victims of terror big time. And I could go on but my point can be made with just these cases. I do not trust the warnings from our government although neither do I know them to be unjustified.

The government of the United States of America is on a power crusade, taking every opportunity it can to deprive its citizens of their resources and control over their own lives and seem to be intent on imposing on them endless rules and regulations. These are, I am convinced, true believers in state fundamentalism: Every problems must be solved by means of expanded government, both in size and, especially, in scope. So how can I believe it when the government declares that there is increasing danger around us, all of which seems routinely to require that government gain greater and greater power over us?

I am no conspiracy buff and don’t have the idea that what these folks do is done deliberately simply so as to gain raw power over others--most people need some kind of tall tale to tell themselves in order to rationalize such power--but I do believe firmly that their sincere convictions lead them in that direction, whether these be about how the economy needs more of their regulation or how they must have greater access to our lives (including it appears to all our electronic communication capabilities), or how without them we would all be left helpless in the world, or how some other problems faced by us all requires exactly their expertise and good will and, most of all, legal power over us. I am eager to be disproved about their basic political corruption, in part because of my belief that human beings in all walks of life can do well or badly or somewhere on the continuum in between and I do not see politicians to be fundamentally evil.

Not being an anarchist, I do not hold that all who work for governments must be vicious--judges, the police, soldiers, bailiffs, border guards, or whoever. But those in government--especially in offices that have no business existing in the first place since they have nothing to do with protecting our basic rights--do seem to me to be much more tempted to seek power over other people than are the rest of us. And they do very often yield to this temptation, with long stories about why what they are doing is no vice but a virtue! They have mostly convinced themselves that all the more or less coercive meddling in our lives is a good thing for them to carry out--regulators, however much they fumble around trying to figure out what on earth their efforts could do to improve matters, are probably quite proud of what they do in their jobs. Maybe even IRS employees consider their work honorable!

I recall an associate of mine at the Reason Foundation had gotten a post in one regulatory office of the federal government and she came back to report on just how impressed she was with all the hard work she witnessed by the people who worked where she became one of the officials, despite the fact that she never gave up her idea that government regulations are ultimately more harmful than helpful! Pretty amazing.

The seductiveness of government work appears to be very powerful, even with those who are sworn to uphold principles that fly in the face of what the officials are called upon to do. Perhaps this is in part because many people hold to the belief in life that it is “the thought that counts,” never mind how destructive the results over which they believe we have little control. (This, by the way, is the common sense version of the famous doctrine of the highly influential 17th Century German philosopher Immanuel Kant who taught that there is only one absolutely good thing in the universe, namely, the good will, i.e., the sincere intention to do the right thing whatever it may be.)

With all the misconduct that emanates from seats of political power, all the BS produced by politicians and their apologists, all the out and out corruption evident throughout the land by politicians and bureaucrats, it is awfully difficult to suddenly become trusting when these same people tell us that there is danger lurking from terrorists. And frankly even if there is, is it more severe than the danger we face from fellow drivers on the roads where we would be spending time if instead of traveling abroad we stayed home? (Why, BTW, are there no studies publicized about that? Back during the brief scare from Libyan terrorism in Europe in Spring of 1986 I believe it was, after the US had an altercation with that country, an economist calculated the probability of death or injury from terrorism to American tourists traveling in Europe versus from road crashes here at home where they would be spending their time instead and it appeared that the latter posed a great threat than the former!)

When government is as big, corrupt, and unruly as America’s is these days, how can you trust anything said by government officials?

Saturday, October 02, 2010

Kate Zernike’s Stupid Outrage

Tibor R. Machan

In a news report on October 2nd, 2010, titled “Movement of the Moment Looks to Long-Ago Texts,” New York Times reporter Kate Zernike tells us that books like Frederick Bastiat’s The Law, from 1850, and F. A Hayek’s The Road to Serfdom from 1944, are selling like hotcakes among Tea Party members. OMG! How awful. Next we will be told that some people are studying Socrates, Plato, Aristotle, Aquinas, Hobbes, Hume, Smith, Locke, Marx and other authors of “long-ago” texts in order to learn about political economy, ethics, social philosophy and such.

I suppose the hip thing to do would be to burn all these long-ago texts and focus only on the blogs, especially from the Left, in our efforts to gain an understanding of how the world works. Zernike writes as if most of our university curricula ought to be dismissed as useless, irrelevant, even destructive of human knowledge because, after all, in many courses one is advised to read other than the latest texts.

This is truly ignorant. Where does she think the Obamas and Krugmans and other champions of vast government powers gain their approach to political economy and public policy? How about Thomas Hobbes? Or Rousseau? Or Hegel or Marx or Keynes? All of these and their fellow statists produced works way back when.

It was in fact Keynes who made the observation that might have helped Ms. Zernike to get a grip on how ideas function in this world. As he wrote in 1936, “The ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed, the world is ruled by little else. Practical men, who believe themselves to be quite exempt from any intellectual influence, are usually the slaves of some defunct economist.” (The General Theory of Employment, Interest, and Money [Harcourt, Brace, 1936], p. 383.)

And it is, after all, Keynes’ views on the modern economy that’s pretty much guiding the thinking and policies of the Obama administration and the columns of Krugman (who makes no secret of this fact as he pushes for more and more government stimuli to solve our problems). Who thought up the idea of top down management of a country’s economy? It was the long ago champions of mercantilism whom Adam Smith criticized so severely for constantly meddling in the economy. And before that it was Thomas Hobbes who promoted absolute statism which clearly implied just the sort of policies that today’s Leftists favor and which pretty much guide their thinking today.

It is actually refreshing that Tea Party members are studying classic texts in the fields of economics and social philosophy to offset the mostly statist political education they have very likely received in their own contemporary education, an education surely biased in favor of government control of nearly everything in our lives given how that education itself is nearly uniformly government funded and administered. This certainly could use some balance from some of these long-ago thinkers the Tea Party is dipping into for some advice.

Instead of attempting to belittle Tea Party folks because they read some classic works critical of the huge scope of government--the Leviathan Hobbes was advocating --Zernike might have reported on some of the arguments they are absorbing from these thinkers and what replies might be offered them in defense of those other long-ago authors who loved government and are today influencing most politicians and bureaucrats with their statist teachings.

Tea Party folks may or may not be reading the best books to gain their grasp of the right way to approach today’s American political economy but for certain the task they face isn’t impeded at all by a bit of reading of the long-ago texts of their choice. Maybe when they end up on the Jaywalking segment of NBC-TV’s The Tonight Show with Mr. Leno, they will actually demonstrate a bit of education instead of the blatant ignorance that most of those being featured exhibit.