Friday, January 14, 2011

Krugman’s Incoherent Moral Stance

Tibor R. Machan

Finally Paul Krugman, Princeton University Nobel Laureate in economic science and columnist for The New York Times, has come clean about his “moral” position (TNYT, January 14, 2011). He has admitted that he doesn’t believe that when you earn something, you own it. (Don’t know if he believes we own things we haven’t earned, such as our kidneys or eyes! Maybe he thinks that as with earned resources, these unearned ones, especially, belong to the government which can proceed to distribute them just as Krugman thinks it can redistribute the resources citizens have actually come by through hard work, ingenuity, luck and the like.) Let’s see then whether Kurgman’s moral stance has any chance of being sound. Is it the morality by which people ought to guide their conduct in their lives? Do we and what we own belong to government to do with as government officials believe? But isn’t that slavery?

If my life doesn’t belong to me--if the norm the Declaration of Independence identifies as universal, namely, that every human being has a right to his or her life, is false--then what is true? Does my life belong to the government? If we recall that government is a group of individuals to whom a certain social role has been delegated--namely, the role of securing the rights of the citizenry--the claim that government owns our lives and resources means nothing else but that these individuals in government own our lives and resources.

But that is very odd--why would those people be in the privileged position of owning us and what to all appearances belongs to us while we, also human beings and with equal rights, do not own our lives and resources? This makes no sense.

So when we take even a cursory look at Professor Krugman’s position, it turns out to be incoherent, rank nonsense. It reminds me of the remark attributed to the poet W. H. Auden, namely, “We are here on earth to do good for others. What the others are here for, I don't know.” So we all belong to government but then to whom does government belong?

The idea that we belong to government is obscene and harks back to an age when Caesars, monarchs, tsars, Pharaohs and such were believed to have been given their realm by God and everything within that realm, including all the human beings, therefore belonged to them. Later these slaves and serfs began to be called subjects, implying that they were all subject to the will of the government. This is were serfdom and even taxation have their origin.

Now we have, in 21st century America, one of the most prominent commentators and educators reiterate this horrendous outlook. Incredible. But it gets even worse.

An essential aspect of any bona fide moral position is that it must be practiced voluntarily, not because someone--e. g., government--holds a gun to one’s head and coerces one to do what is right. That doesn’t count as doing the right thing, so any such policy is literally demoralizing. It robs people of the opportunity to be morally good (or bad, of course).

A society that’s fit for human habitation must not have policies that prevent citizens from exercising moral judgment. So, OK, assume for a moment that we should devote ourselves entirely to serving other people, to serving the public good. If, however, all of this is accomplished through governmental coercion like taxation, regulation, regimentation, and so forth, there can’t be anything moral about it. So Dr. Krugman’s so called moral stance isn’t one at all. It leaves no room for morality because it makes all purportedly moral conduct involuntary, imposed by rulers and not a matter of one’s own free will.

So Krugman’s moral stance is not only incoherent but it isn’t even a moral stance. So much for the “morality” of one of America’s foremost public philosophers.

What someone like Dr. Krugman could more fruitfully do is urge people to be generous toward those in need, to give support to worthy causes, to help the poor, etc., but always of their own free will. That is what moral leaders may do, nothing else. Whether the morality they advocate is sound is another matter. But to remain something morally relevant it must not be imposed. Elementary, Dr. Krugman, really.

Wednesday, January 12, 2011

An Extremist and Proud of it

Tibor R. Machan

Yes, I am that for sure. an extremist. I knew if from the time Barry Goldwater announced that Extremism in defense of liberty is no vice, moderation in the pursuit of justice is no virtue." That’s because an extremist is just someone who holds a set of positions that is internally consistent, uncompromising, and insistent on integrity.

Of course, once you enter the political fray, it is pointless to be all these things except in how you identify your political position. In one’s political philosophy everyone ought to be an extremist, even a politician, but in one’s strategies for realizing one’s principles in public policy it is quite all right to be practical, pragmatic, or prudent.

Politics takes place among thousands and thousands of people and many of them have agendas very different from one’s own. To make any headway at all in the direction of the policies that would help realize one’s political philosophy, at least to some degree, one cannot simply hold out for the vote that will agree with that philosophy. Here is where compromise is required but never in watering down one’s ideals.

It is mostly those whose views are wishy-washy but who do like power who promote the idea that compromise in how one thinks about issues is necessary, even honorable. But that is false. The world does not conform to a compromised position on anything--it is a consistent system of facts disallowing any inconsistencies or contradictions. But the sociology of politics does make compromises useful, provided one never forgets the goals that are being served by it. In and of themselves compromises are worthless--they are in fact evidence of incoherence. But as means to get closer to one’s objectives when working with a lot of folks who hold drastically different views they have merit.

Extremists are folks who stick to their guns as a matter of principle and integrity but they aren’t prevented by this from making headway through the give and take of politics. (A good case in point would appear to be Representative Ron Paul.) Dr. No, as he is often called, holds to his principles unwaveringly but he does have the skills of a politician to make progress toward his goals in the midst of colleagues with whom he doesn’t see eye to eye. Those who defend the idea that a politician must not be principles, must not hold to fundamentally coherent ideas, are hoping that they will make headway with their ideas while their opponents wobble. Some issues, especially, aren’t about how much or how little should be done but about whether certain objectives are even permissible in a free country. Abolitionists knew about this well and while many were willing to politic about various measures that more or less promoted abolition, they never caved in on the idea that blacks were human and thus had all the same basic rights that human beings have. Maybe this involved taking two steps ahead and one backwards but they knew that all in all there was no compromising their fundamental position.

Of course there can be a point beyond which no negotiations with opponents is tolerable. One could give away the ball game by going along with certain means so as to attain the necessary goals. At that point one may simply need to withdraw and wait for a more opportune time to press one’s cause.

All of this takes intelligence, discretion, even some talent and not everyone can do the job well--some have temperaments that simply don’t suit the machinations of politics. The division of labor applies here as elsewhere. The basic point is that one can be an extremist, a principled advocate of a position, and also be smart and skilled about how to make advances toward its implementation. And those who observe such people need to make sure that they aren’t protesting when such smarts are being displayed and mistake it for having compromised one’s political-ecnomic principles.

Tuesday, January 11, 2011

It’s a Massacre, Stupid

Tibor R. Machan

What happened in Tucson, AZ, was a massacre and not a tragedy. Perhaps some view this a pedantic detail but it isn’t--words do have meaning and a tragedy, as anyone familiar with ancient Greek literature or a bit of Shakespeare will testify, takes place when bad outcomes come from what good people are forced to decide. They are a peculiar moral phenomenon. A massacre isn’t morally peculiar but plainly, straightforwardly evil. To execute a bunch of people who haven’t been convicted within a system of due process and when the executioner isn’t properly authorized to act as the agent of punishment for crimes is no tragedy. It is a vicious crime.

Having said that, please let me reflect a bit on all those who are scapegoating now by assigning blame for the massacre not to the actual perpetrator but to something, anything, they don’t like in the world. Accordingly, you will find the likes of Professor Paul Krugman of Princeton University and the Op-Ed page of The New York Times and any number of opportunists in Congress point the figure at the heated rhetoric that emerges from those in public forums who are often passionate and polemical about their political convictions. No doubt, some of these folks can go too far with labeling their opponents, unreasonably ascribing motives to them, indicting them for the likely adverse consequences of the policies they promote. That’s what happens when a lot is at stake--even the most civilized among us will tend to resort to hyperbole.

But words are not guns. Even the law, always only a questionable clue to what is and what is not moral or ethical, acknowledges that there are only a few fighting words. These are those rare case of speech that do not get the protection of the principle embodied in the First Amendment to the U. S. Constitution because they are deemed to be too offensive and provocative for civilized discourse. But fighting words are few. And heated political rhetoric does not qualify.

These scapegoat mongers--who, by the way, quite often excuse wrong doing on the grounds that people just cannot help how they act, that their socio-economic circumstances force them to do the vicious things they do--aren’t really concerned about properly fixing blame or responsibility for events like those that transpired in Tucson but are more likely hoping to score political points. So Sarah Palin likes to shoot big game and you find her politics objectionable, maybe what you can do is associate her with any kind of shooting, never mind the target. Or if those talk show hosts on radio and TV--for instance, Keith, Beck, and Rush--indulge in some fancy verbiage so as to drive home a point, lets treat what they say as if it amounted to fighting words, as if they could cause people to act criminally. By suggesting this one may succeed in besmirching one’s favorite political adversaries--or one could at least for a moment win over to one’s side the people who are too desperate to make sense of events that are overwhelming and for which no ready explanation is available to them.

This is dirty pool. Yet it should not be banned, any more than the rhetoric being indicted should be (as, sadly, some people are proposing). Curbing the heated rhetoric, as such censorship is euphoniously referred to, isn’t going to reduce the number of villains among us--they don’t need to be enticed; they have their warped imagination guiding them to do what is unacceptable in civilized society.

Even if one could show that a perpetrator of a massacre such as occurred in Tucson did hold a particular ideology or religion by which one might govern one’s behavior, that ideology or religion can never be held fully responsible for the ensuing conduct. That is one thing that’s wrong with holding radical Islam responsible for terrorism or Roman Catholicism for the Inquisition! All ideas must be filtered through the minds of the human agents who may make use of them. And these human agents are supposed to be reasonable enough to restrain themselves however passionately they may feel.

Thursday, January 06, 2011

Somerset Maugham & I

Tibor R. Machan

My most enjoyable and rewarding reading time has been with W. Somerset Maugham. Even the works that annoy me are a pleasure to read, not to mention the many very entertaining books, short stories and essays he has penned that are dear to me.

What it is about Maugham I am not entirely sure--I pretty much just bathe in the enjoyment without doing much analysis of why it happens. But there are a couple of things about his writing that agree with me thoroughly.

One is that nearly every sentence is superbly crafted so it is suitable for those like me who are slow readers. Even if I get to read but a couple of pages just before falling asleep or being called by the dentists or doctor after waiting for the exam, sentence after sentence appeals to me. Sometimes I want to shout out my praise for him but, sadly, he has been dead for several decades now.

Some of his books contain a good collection of brief observations but they are nearly always keen ones. Here is one where he chimes in with something in my own field of philosophy:

“Looking for the special function of man Aristotle decided that since he shares growth with the plants and perception with the beasts, and alone has a rational element, his function is the activity of the soul. From this he concluded, not as you would have thought sensible, that man should cultivate the three forms of activity which he as­cribes to him, but that he should pursue only that which is especial to him. Philosophers and moralists have looked at the body with misgivings. They have pointed out that its satisfactions are brief. But a pleasure is nonetheless a pleasure because it does not please forever.” [The Summing Up (Pocket Books, 1967), pp. 35-6]

Right on, I say, even though the author isn’t some highfalutin Aristotle scholar. And there is this pithy comment I tucked away in my growing collection of worthy quotes:

"... finally science had not fulfilled the promises which the unwise expected, and, dissatisfied at not receiving answers to questions that science never pretended to answer, many threw themselves into the arms of the Church."

And there is this bitty from his rare but poignant political observations:

"If a nation or an individual values anything more than freedom, it will lose its freedom; and the irony is that if it is comfort or money it values more, it will lose that too."

Cannot argue with that--both reason (theory) and experience (history) bear it out.

OK, so I have given just a couple of samples from the vast writing of W. Somerset Maugham to show how appealing he can be. The first of his novels I read was titled Theater and was only a couple of years ago made into a movie starring Annette Bening, Being Julia. His most famous novel, Of Human Bondage--also made into film maybe more than once, directed by John Cromwell and starring Leslie Howard, Bette Davis and Kay Johnson--didn’t sit well with me because its subject matter was a pathetic love affair that pretty much mirrored my own pathetic love affair of the time. But there were many other works, among them the novella, Up At The Villa which was also made into a film by that name, directed by Philip Haas and starting Kristin Scott Thomas, Sean Penn and Anne Bancroft.

I am always conscious of the fact that English is my third language, learned just at the end of my adolescence, and so I am partial to writers who not only entertain me, present fascination or intrigue, but do it impeccably and there-through teach me a thing or two. And Maugham has been the number one example of such writing to me and I am still reading his works--the latest is one of his travel books, full of gems, titled The Gentleman in the Parlor: A Record of a Journey from Rangoon to Haiphong (Armchair Traveler Series).

Wednesday, January 05, 2011

How to Use the Constitution

Tibor R. Machan

Many in the just seated House of Representatives have been clamoring for a return to the Constitution. This is what appears to underlie to planned challenge to Obama care, the massive piece of legislation that President Obama has been eager to make a part of the law of the land, legislation that contains provisions that toe many in the new House appear to be in violation of the U. S. Constitution. In particular, objections have been raised against forcing citizens to buy insurance, something that clearly goes against several principles associated with the American political tradition, such as freedom of contract, freedom of trade, etc. Some of these principles have found a way into the Constitution but it isn’t always crystal clear just where in the Constitution they appear--the fifth, the fourth, the ninth, the first or which amendment or which ruling that contains precedents should constitutional watchdogs rely as they to issue the proclamation: “Unconstitutional.”

The plain fact of the matter is that while the U. S. Constitution--specifically the Bill of Rights--contains some very laudable provisions, all of them require a fairly nuanced interpretation and application to contemporary issues (such as government coercing people buy health insurance). While for some citizens this is all a piece of cake, no problem at all, for others it isn’t a slam dunk by a long shot. That’s because these folks focus on the fact that the principles incorporated in the Bill of Rights are stated in terms that had a slightly different meaning back when the Constitution was ratified from how we understand them today.

Such development in the meaning of terms is often used as an excuse for evading constitutional principles but it could also be legitimate. Terms do change their meaning, more or less drastically or radically, even in the physical science--the term “atom” as used today doesn’t mean what it had been used to mean a hundred years ago. The more people involved in the study of those matters for which such terms were coined come to know--the more information comes to light about the surrounding facts--the more likely some alteration of meaning is probable.

Now this doesn’t mean the ridiculous idea that nothing is constant in the world, nothing stands still, nothing is stable and dependable, only that one needs to be sure what is and what isn’t. Some constitutional scholarship would track just such developments--have the crucial terms of the constitution kept the meaning they had back at the time of ratification or did they change a bit or a lot? The changes wouldn’t be arbitrary, with the result that anything goes--which is the result some of the avid skeptics about the Constitution would try to make us all believe. They hold to the doctrine originally ascribed to the ancient Greek philosopher Heraclitus who held that everything is always in flux--he is famously held to have said “You cannot step into the same river twice” because, well, the river is always changing. And if all of reality were like the river, we could never count on anything to be stable or solid, certainly not principles that are supposed to govern human community life.

But the American Founders and Framers disagreed and had spelled out some--few?--principles that do apply to human community life precisely because it is, after all, human communities that are at issue, not communities of ants or birds or cows. And these beings, human ones, are not all that changeable even over the time span of centuries. We know this from anthropology, archeology, history, philology, and other disciplines that study various aspects of humanity’s past and make pretty good progress understanding them.

So there could well be certain invariable principles, ones that need to be considered in dealing with or governing people and once these make it into a constitution, that document could come in very handy in figuring out public policies and plans. But none of this would be happening automatically, not certainly from simply reading the Constitution, not by a long shot. Honest constitutional study and understanding would be needed. Only then would the imperative to pay heed to the Constitution come to something valuable, important.

The reason that objecting to Obama care would appear to be not just constitutionally misguided but a misguided way of dealing with citizens is that people are the kind of beings in the world who may not be pushed around by other people--they must have their sovereignty or rights to life and liberty well respected and protected. Unfortunately this idea is so often and widely violated around the globe and, of course, throughout human history, that it is difficult for anyone to be loyal to it.

Many people are bent on pushing other people around--always, of course, for lofty purposes--and so bringing up a constitutional objection to their doing so would be annoying for them, even undermine their philosophy of life and their aspirations to be influential in the world. So they will then commit to the philosophy of Heraclitus, a philosophy that gives them carte blanche about how to interpret the U. S. Constitution or any other document containing principles by which communities must be governed. It’s a living document, you see, which can be taken to mean whatever one wants it to me, pragmatically and not according to common reason.

Yes, it is good to refer to the Constitution but it is even more important to keep in mind the underlying philosophical clashes and to make sure which side is right.

Monday, January 03, 2011

Reexamining Democracy

Tibor R. Machan

Over the last several decades of American political life the idea of liberty has taken a back seat to that of democracy. Liberty involves human beings governing themselves, being sovereign citizens, while democracy is a method by which decisions are reached within groups. In a just society it is liberty that is primary – the entire point of law is to secure liberty for everyone, to make sure that the rights of individuals to their lives, liberty and pursuit of happiness is protected from any human agent bent on violating them. Democracy is but a byproduct of liberty. Because we are all supposed to be free to govern ourselves, whenever some issue of public policy faces the citizenry, they are all entitled to take part. Democratic government rests, in a free society, on the right of every individual to take whatever actions are needed to influence public policy.

Because freedom or liberty is primary, the scope of public policy and, thus, of democracy in a just society is strictly limited. The reason is that free men and women may not be intruded on even if a majority of their fellows would decide to do so. If one is free, which means a self-governing person, then even the majority of ones fellows lacks the authority to take over ones governance without ones consent. This is what the US Declaration of Independence means when it mentions that government derives its just powers from the consent of the governed. In a just society no one loses his or her authority for self-government without giving it up as a matter of choice. No one gets to operate on you, no matter how wise and competent, without your giving your consent, and the same is true, in a just system, about imposing duties and obligations on people. They must agree to this. If they do not, they aren't to be ordered about at all. The only apparent exception is when it comes to laws that protect everyone’s rights. One may indeed be ordered not to kill, rob, rape, burglarize, and assault other persons, even if one fails to consent to this. And when the legal authorities do this job of protecting individual rights, they may order one to abstain from all such aggressive actions.

However, this doesn't actually involve intruding on people, only being duly authorized, via the consent of the governed, to protect everyone from intrusions. It is along these lines that the idea of limited government – or legal authority – arises: it may only act to protect rights, to impose the laws that achieve that goal, nothing more. Again, as the Declaration of Independence notes, it is to secure our rights that governments are instituted, not for any other purpose. Of course, this idea of limited government hardly figures into considerations of public policy in the USA or elsewhere. We have never actually confined government to this clearly limited, just purpose. It has always gone beyond that and today its scope is nearly totalitarian (albeit somewhat “permissive”), the very opposite of being limited. But there is no doubt that even though liberty has been nearly forgotten as an ideal of just government in America as well as elsewhere, democracy does remain something of an operational ideal. In this way liberty has been curtailed tremendously, mainly to the minor sphere of everyone having a right to take part in public decision-making. Whereas the original classical liberal idea is that we are free in all realms and democracy concerns mainly who will administer a system of laws that are required to protect our liberty, the corrupt version of this idea is that democracy addresses everything in our lives and the only liberty we have left is to take part in the decision-making about whatever is taken to be a so called “public” matter.

One way this is clearly evident is how many of the top universities in the USA construe public administration to be a topic having to do primarily with the way democracy works. Indeed, after the demise of the Soviet Union, even though the major issue should have been the establishment and maintenance of a regime of individual liberty, the experts in academe who write and teach the rest of the world about public administration are nearly all focused on democracy, not on liberty.

For example, the courses at America’s premier public administration graduate school, the John F. Kennedy School of Government at Harvard University, are mainly focused on problems of democracy. At this institution nearly 40 percent of the students attending come from 75 foreign countries, many of them from those that used to be under Soviet rule, and what they focus on in nearly all their courses is democracy, not liberty. Assignments in these courses tend all to raise problems about implementing democratic governance and leave the issue of how individual liberty should be secured as practically irrelevant. Or, to put it more precisely, the liberty, or human right, that is of interest in most of these courses is the liberty to take part in democratic decision-making. (“Human rights” has come to refer in most of these course and their texts mainly to the right to vote and to take part in the political process!)

Yes, of course, that is a bit of genuine liberty that many of the people of the world have never enjoyed, so for them it is a significant matter, to be sure. But it is clearly not the liberty that the Declaration of Independence mentions when it affirms that all of us are equal in having unalienable rights to our lives, liberty and pursuit of happiness. The Declaration speaks of a very wide scope of individual liberty, while the premier public administration school of America teaches, at least by implication, that the only liberty of any importance is the liberty to take part in public policy determination.

This, I submit, is a travesty. Once democracy is treated as the premier public value, with individual liberty cast to the side except as far as the citizenry’s freedom to take part in democratic decision-making, the scope of government is no longer limited in principle or in practice. Nearly anything can become a public policy issue, so long as some measure of democracy is involved in reaching decisions about it. And that, in fact, turns out to be a serious threat to democracy itself. Because when democracy trumps liberty, democracy can destroy itself, and the law could permit the democratically reached destruction of democracy itself!

That is just what happened in the Weimar Republic, where a democratic election put Hitler in power and destroyed democracy. If you ever wonder why it is that public forums, including the Sunday TV magazine programs, the Op Ed pages of most newspapers, the feature articles of most magazines do not discuss human liberty but fret mostly about democracy, this is the reason: the major educational institutions tend not to care about liberty at all and have substituted a very limited version of it, namely, democracy, as their primary concern. Once that is accomplished, individual liberty becomes defenseless.

Indeed, democracy is just as capable of being totalitarian as is a dictatorship, only with democracy it seems less clearly unjust, given that this little bit of liberty is still in tact, namely, to take part in the vote. (A little of this has come to be discussed recently on some programs because of Harvard educated Newsweek International editor Fareed Zakaria’s recent book, The Future of Freedom [W. W. Norton, 2003], which is subtitled “illiberal democracy at home and abroad.” Sadly Zakaria seems to have abandoned his concerns about the matter and is now mostly taking part in discussions about how the country ought to be managed, like a firm.) True enough, democratic totalitarianism appears more benign than a system under the direction of a tyrant but, as In Venezuela, unrestrained democracy can give rise to the most belligerent version of dictatorship since Hitler’s Third Reich. The proper approach to governance is to make all of it focus primarily on protecting the rights of the citizens to their lives, liberty and property. This extension of the idea of the body or security guard is the best model for how government should work and how their work should be appraised. Free men and women require this so as to live their lives by their own judgment and in voluntary cooperation with their fellow citizens instead of being regimented by some group of “leaders” who view themselves as knowledgeable about the public interest.

In caring about democracy mainly or only, the more robust liberty that everyone is entitled to is neglected. The result is not all that different from how feudal orders behave.

Wednesday, December 29, 2010

Column on A Fruitful Idea about Morality



Tibor R. Machan



As someone who often teaches the topic of ethics or morality in colleges and universities, I have noticed that most of my beginning students entertain conflicting positions about the subject. They see it either as a one-size-fits-all system of guidelines, wherein everyone has to act the same way or they are bad people, or as purely subjective, wherein nothing is either right or wrong and it’s all a matter of one’s opinion.

And this is understandable. If there are right answers to questions about how we should conduct ourselves, it seems to many those answers must apply to us all, equally. Otherwise how could they be right? So they are pulled toward what is often called moral absolutism. But it also seems quite reasonable that certain answers as to how one ought to act do not apply to all people the same way since they differ in significant ways from one another. That suggests subjectivism.

How can both of these valid insights be satisfied?

One possibility is that a sound, correct ethics offers perhaps just one set of very basic principles that are broad enough to apply to everyone simply in virtue of us all being human. But this morality would also recognize that different individuals need different guidelines, given their special situations, including their unique individuality, culture, even the climate in which they live.

We have this, for example, in medicine and nutrition. There are basic principles in these areas but when they are applied to different people, accommodations must be made to the individuals in question--are they men or women, young or old, tall or short, of a certain metabolism or another, allergic to this or that? So, while the basics of medicine and nutrition are taught pretty much the same everywhere, when they are applied, things begin to vary quite a bit.

In morality or ethics, also, we may well have certain very basic principles that we all need to heed and practice--such as “Think things through before you act,” or “Be honest with yourself” or “Don’t deceive anyone,” “Do onto others as you have would have them do onto you,” or “Pursue excellence in life.” (I leave aside now which might actually be those few sound and universal guiding principles--that takes a lot of figuring out.) But as applied to particular, individual persons, what specific guidance would emerge from such basic principles will not be the same from one person to the next.

Yet something very important about both the concerns expressed by my students and many others would be satisfied in so understanding morality: there would indeed be something absolute or invariant about how we ought to act; yet this wouldn’t amount to an artificially detailed one-size-fits-all code.

Indeed, the idea would help with many things that concern us all: a just legal system would not have many general laws, only a few, because citizens are quite different from one another and have just a few things in common as citizens. The market place would make sense, what with all its highly varied goods and services aiming to fit different customers and using the varied talents of producers. Even art might benefit from this outlook: We all tend to think, I believe, that some things really are artistically excellent while others lack this quality; yet we also realize that different people, with various special attributes, backgrounds, and so forth, will appreciate different excellent works of art. Instead of thinking that everyone is artistically blind who fails to respond to some work favorably that one admires, a great variety of works will be seen as having artistic merit to different sorts of people, varied talents will produce varied yet still artistically excellent works. Yet, there will still remain plenty of room for concluding that some artists’ creations do not cut it at all.

Anyway, there isn’t much hope of settling big issues like this in a brief discussion but perhaps some hints toward a sound approach could at least be established. Very formidable thinkers throughout human history have grappled with these matters and studying their reflections would be a prerequisite for making headway. What I’ve tried here is no more than sketch out some promising initial ideas.
The struggle--the long arc of advances in human liberty

Tibor R. Machan

Here is some good news: The march of liberty has so far proven to be generally unstoppable. Over the span of human history there have been periods during which hardly any sign of respect for human liberty had been in evidence. In other eras the globe has seen advances toward human liberty by leaps and bounds. That is to say, in some periods clear evidence can be pointed to showing that some men and women--such as kings, queens, czars, Pharaohs, Caesars, dictators, tyrants, politburos, political bodies of all types and uncivil majorities--have began to recede in their efforts to suppress other men and women, to treat them as their tools, instruments, subjects, and such. In other periods the opposite trend has been in evidence.

Still, overall the trend has been toward the spread of liberty. More and more of us have become masters of our own lives, fewer and fewer are in the position of ruling others. Even when in some areas, such as national economic policy, liberty has taken a beating, there are others where fewer impositions and restrictions are made into public policy--for example, the basic rights of members of minorities, women, gays, natives, the press, etc., are being recognized and provided legal protection alongside onerous economic policies. And globally, while the former beacon of human liberty, the United States of America--itself, sadly, never fully committed--is now rather halting in its defense of human freedom, other communities--for instance, the former Soviet and other colonies--are slowly but surely shedding the idea and practice that would have some people run roughshod over others, especially as a matter of official public policy.

Now this is not all that surprising. In any area of their lives people can do better or worse or just linger in some kind of mediocre limbo. And this is so when it comes to political matters. Sometimes, in fact, there can be improvement in one sphere of human life and a decline in others--for instance, while economic liberty can widen, it is possible for personal or cultural fulfilment to be on hold for many. Not everything is moving in the same direction at once and with the same speed. (One can easily confirm this by just checking one’s own life and noticing that there can be advances in one area while another can be faltering--one’s career can even soar while one’s health might not improve.)

All this is enhanced by the sheer fact that the surrounding natural world in which men and women may struggle to strive, to flourish, isn’t uniformly supportive--storms, floods, tsunamis, earthquakes, hurricanes, diseases and other adversities not of our making are often complicit in making life not so triumphant for us all. Fortunately, here, if men and women are substantially free to live their lives without being oppressed by others, they tend to do better at figuring out how to deal with these non-human adversities--the sciences, philosophy, technology, education, and other features of life tend to get improved treatment when we are free, less time needs to be spent on fending off the intrusive ones among us.

So, as one contemplates developments in one’s immediate or the broader human sphere, it is a good idea to keep in mind how even without a inevitable trend toward a better and better existence, in the long run human beings are experiencing a better and better life (just as the late Julian Simon and his students (e.g., Matt Ridley) have been stressing in the midst of the endless doom-sayings of the likes of Paul Ehrlich and Paul Krugman).

Quite often predictions of doom come from politically disgruntled folks, those who still believe that they should be in charge of others and not respect the rights of everyone to sovereignty, self-government. Also, as one gets older and senses that ones own life is slowly declining, one may be tempted to project this on to the rest of the world and declare it all going to hell in a hand basket.

No, there isn’t a guarantee of a steady march toward liberty--it is truly a matter of eternal vigilance. But fortunately there are many, many people who exhibit this vigilance in various parts of their lives, throughout human history and around the globe, and thus help keep afoot the advances toward greater and greater freedom and, alongside, a better chance of overall improvement in human affairs.

Friday, December 24, 2010

One Swallow

Tibor R. Machan

Those who have paid a bit of attention to my writings on public policy probably know that I have always been an opponent of preemptive petty tyrannies of government regulations, the sort that force people to follow certain standards of professional conduct, including manufacture, regardless of whether or not they have deserved to be coerced.

In the criminal law such prior restraint is seriously frowned upon but in administrative law it is not, mainly because of two legal notions. These are the police power--a feudal relic if there ever was one--and the arguably distorted provision of the U.S. Constitution, Article 1, Section 8, the interstate commerce clause.

The former made sense only when the monarch had been thought to be in charge of us all, when government ruled the lives of all the subjects as if they were children, invalids or inferiors. The latter appeared at first to mean only that Congress is authorized to regularize commerce among the several states so that these states do not behave as economically warring or protectionist political bodies. No duties may be imposed between New York and Pennsylvania (etc.) was the idea, no tariffs, nada.

OK, now instead of tossing this police power feudal notion and being faithful to the rational meaning of the interstate commerce clause, both developed as weapons in the arsenals of government planners and interventionists despite the classical liberal revolution. This despite the fact that neither legal measure has a leg to stand on in the court of justice.

But perhaps practically they are unexceptionable, no? Why would that be? Because, just as now and then a bit of violence among people can be useful, so can government intervention or regulation bear some valuable fruit.

Consider what Elizabeth Kolbert wrote some time ago for the New Yorker Web site concerning President Obama’s choice for energy secretary, Steven Chu, and his enthusiastic defense of government intervention:

“In the mid-1970s, California--the state Chu lived in--set about establishing the country’s first refrigerator-efficiency standards. Refrigerator manufacturers, of course, fought them. The standards couldn’t be met, they said, at anything like a price consumers could afford. California imposed the standards anyway, and then what happened, as Chu observed, is that ‘the manufacturers had to assign the job to the engineers, instead of to the lobbyists.’ The following decade, standards were imposed for refrigerators nationwide. Since then, the size of the average American refrigerator has increased by more than 10 percent, while the price, in inflation-adjusted dollars, has been cut in half. Meanwhile, energy use has dropped by two-thirds.”

Let’s give Chu credit for at least making the effort to defend government regulation--post bureaucrats treat it as their God given authority. But I am also tempted to mention here how Benito Mussolini was able to make the trains run on time back in the days he ruled Italy as a fascist dictator. Thus it is important here to recall a wise saying by the ancient Greek philosopher Aristotle, namely, that “One swallow does not make a summer, nor does one day; and so too one day, or a short time, does not make a man blessed and happy” (NE I.1098a18). And again, true enough, now and then smacking someone who is acting hysterically could calm him down, yet it would be folly to adopt smacking people around as a general policy by which to help them cope.

Or again, a bit more technically, the imposition of the refrigeration manufacturing standards in California is used by Mr. Chu as an explanation of both the increase in the efficiency of refrigerators nationwide and the cut in half of their price since the imposition was made. But there is a famous fallacy of informal logic that’s in evidence in Mr. Chu’s reasoning, namely, post hoc, ergo propter hoc (after this, therefore on account of this). No one could tell at the time the California government imposed these standards that only by doing so will the desired efficiency and price drop be produced. Indeed, in many cases in which government intrudes by establishing, by law, standards like this the market has already begun to do it, albeit peacefully, without the use of coercive force and the heavy cost of bureaucracy (like ho cigarette smoking began to subside way before government waged its war on smokers).

I am convinced that government regulation is an improper way to run people’s lives, even if now and then it may appear or even prove to be a bit helpful. Would be good thing of Mr Chu & Co. would agree with this.

Monday, December 20, 2010

Krugman’s Trashy Debating Style

Tibor R. Machan

Looks like critics of the free market are at their whit’s end. At least one of the most prominent of them clearly appears to be.

Princeton economics professor and columnist for The New York Times Paul Krugman has always been discourteous to those with whom he disagrees but his latest exhibition of his way of going about debating issues takes the cake. It used to be that he would call everyone who finds even the slightest merit in free market economic theory a “market fundamentalist,” suggesting thereby that such folks are, like all fundamentalists, mindless in their convictions and merely blindly follow some sacred text or book of instructions. Besides wishing to score points for his statist economic politics by smearing the ideas and methods of his intellectual adversaries, he also regularly distorts the scholarly lay of the land by claiming that America is in the grip of such fundamentalism. This basically meant that throughout the academic landscape departments of economics are filled by people who hold and teach views similar to those held by the late Milton Friedman, F. A. Hayek and Ludwig von Mises (among others).

While these thinkers did consider the free market superior to its statist alternatives--ones that give a decisive role to government intervention in the lives and activities of market agents--they did not, of course, hold identical views. Nonetheless, Krugman lumps them all as fundamentalists. Moreover, he rarely takes on living supporters of the free market, such as James Buchanan or Gary Becker, not to mention such current members of the Austrian School as NYU’s Israel Kirzner. Might we suppose that he doesn’t wish to engage anyone in a dialogue about economic policy but merely discredit them once they could not respond? (Just after Milton Friedman died, he and his frequent co-author Robin Wells penned an extensive and it turns out demonstrably inaccurate essay on Friedman for The New York Review of Books.) Also, despite Krugman’s allegation, there is plainly no dominance of free market thinking in American universities. Mainstream economists are mostly followers of such notables as Paul Samuelson and, of course, John Maynard Keynes, with quite a few who are influenced by the political economics of welfare statism. At the universities where I have taught throughout the last 40 plus years, economists may have been respectful toward free market theorists but were by no means fully in line with their views. So even in this elementary matter, Krugman has it wrong.

But the claim that the country is in the grips of market fundamentalism is also mistaken if it’s meant to apply to official public policies bearing on economic matters. Just for starters, the financial market place has been heavily regulated for over a hundred years--consistent free market theorists usually don’t favor a central bank such as the country’s Federal Reserve Bank (even though, somewhat paradoxically, Alan Greenspan had been such a consistent free market thinker before he was selected to head up the Fed). Furthermore, the plethora of government regulation of various elements of the economy, including virtually all professions (apart from the clergy, journalism, and writers of all stripes who are protected against such regulation by the First Amendment of the U. S. Constitution), is decisive evidence that free market thinking does not dominate public policy in America.

Yet, despite all this, here is a Nobel Laureate and professor from a most prestigious academic institution and columnist for a most distinguished newspaper who keeps trying to distort reality. Why? But I will not speculate, again. Who knows what Krugman’s agenda is.

One thing does clearly stand out in his approach to making a case for more and more government involvement in the economy. This is that he relies extensively on name calling, on besmirching those with whom he disagrees. In a recent column he went so far as to dismiss all those who hold views opposed to his as zombies! Yes, zombies. That means that people, some very distinguished scholars, who are convinced that a public policy of laissez-faire when it comes to a country’s economic affairs is best are all mindless. They do not merely think mistakenly but cannot think at all.

When a critic of a position needs to resort to this kind of technique with which to attract readers of his missives to his own outlook, it suggests that the intellectual merits of that position are truly hopeless. And that is precisely so. Statism in economics has for a long time been proven and shown to be utterly unsupportable, be this the Draconian sort one found in Soviet Russia and finds in North Korea or the less drastic kind that has just produced the worldwide financial meltdown, namely the more or less interventionist welfare state.

Thursday, December 16, 2010

America Divided

Tibor R. Machan

For all its existence America has been torn between two political positions. Originally the two were represented, mostly, by Alexander Hamilton and Thomas Jefferson, although neither was a simple partisan of the positions at issue here.

Hamilton had been a supporter of the revolution but also quite sympathetic to big government, even to monarchy in the British style (not absolute but relatively limited). Jefferson, in contrast, supported the polity implied by the Declaration of Independence (which he largely authored), although he was no libertarian, not even like Thomas Paine who came quite close.

The two positions differ mainly on how much a country should entrust its ideals to government. The Founders general thought that once the king has been deposed, one could live with government comfortably enough, although Jefferson had uttered some sentiments that suggest he was beginning to find government altogether problematic. “That government is best that governs least” shows no enthusiasm for even limited government, the sort one associates with the classical liberal tradition, although the logical implications of the principles Jefferson included in the Declaration, mostly derived from John Locke, were pretty close to the libertarian minarchist theory, the kind of government that is committed to nothing more than the protection of the citizens’ basic rights to life, liberty, pursuit of happiness and whatever is consistent with these (mostly the right to do anything that’s peaceful). So this faction of America’s political legacy does not so much support a small as a limited scope type government. (Who can tell ahead of time how large an organization devoted to securing our rights would have to be to get its job done!?)

The second position, which one may fruitfully associate with Hamilton, is far more trusting of government, at least of the democratic or representative kind. In any case, this faction of the American political tradition eventually gave rise to the idea that government must be proactive, support various undertakings that the citizens may not take up themselves. So such institutions as banking would be nearly like they had been in Europe, if not state run than at least heavily supervised and regulated by the state. This is the approach that in time gave rise to central banking, the Federal Reserve Bank. It is also the approach that ended up more generally distrusting the capacity of the citizenry to address many of the problems that arise in a society. Education, for instance, would be entrusted to government, as would the protection of wildlife, to mention only two spheres that have become nearly completely a matter of public administration. And it is also this kind of political economic thinking that would in time lead to the invention of positive rights or entitlements, which is certainly not part of the Lockean view or follow the ideas of the Declaration. (BTW, the general welfare does not imply entitlements, only the need to protect all citizens’ rights to pursue their welfare individually or corporately.)

In our own time this divide has turned into something almost fundamental and more destructive, than even the one about preservation of the union. We now see many politicians and nearly the entire intellectual community--media editors, educators at all levels of school and especially in the social sciences and humanities (excepting economists)--siding with the view that government must have a large scope of influence and authority in the country, with only few features left to the private and personal sphere. Having been supplied with political ideas mainly from Europe for the last 150 years, the influence of the classical liberals began to abate a good deal. As in Europe, so in erudite America, most folks believe government must be a supplier of goods and services, not merely the protector of rights. As if they came to believe that referees at a game should become and more more involved in playing it rather than making sure the players obey the rules.

One matter needs to be kept in mind in order to find a silver lining in these developments. This is that the governmental habit which had been cultivated for centuries nearly everywhere, is difficult to break. But not impossible. In time it may just happen and right now there appears to be some hope on the horizon that many Americans are doing exactly that (though not as consistently as they should).

Monday, December 13, 2010

A Stupid Analogy

Tibor R. Machan

Now that Judge Henry E. Hudson of the Virginia district court ruled that the Obama health care measure violates the U. S. Constitution by forcing people to make purchases they may not want to make, there are innumerable sophists who want to refute the rationale for the ruling. They trot out the “argument” that since people living in states may be required to carry auto insurance, they can also be made to purchase anything the government, including the feds, decides they must.

But this analogy fails because people do not have to drive! Yet under Obamacare by simply being living citizens, they would have to purchase health insurance. Never even mind that the state regulations requiring people to purchases auto insurance aren’t universal across the country and different states have the constitutional authority to handle the issues involved in their own way, with no federal mandate dictating to them what they must do.

Furthermore, one rationale in support of the state requirement that citizens who choose to drive carry insurance is that nearly all driving happens on state roads. There is no requirement to get insurance if one stays off them and confines one’s driving to private thoroughfares. And this is because it is the states that claim legal ownership of roads and they then get to set the standards for what those using the roads need to do for the privilege. (Yes, it is deemed a privilege, not a right, because of the state’s collective ownership of most roads.)

So the analogy with state requirements to carry driver’s insurance is fallacious. But when that’s pointed out, another tack is put forth, namely, that ill health is contagious like the plague or leprosy. This is desperate since it is blatantly wrong. One can have all sorts of ailments that will not be communicated to anyone near or far. One can contract ill health, injuries, maladies and so forth without the involvement of others. Sometimes it is just misfortune that brings this about, sometimes it is one’s own reckless conduct, sometimes the recklessness of people with whom one freely associates and rarely because of injuries sustained from what others do. In no such cases are those left out implicated and thus no one should be legally required to foot the bill of the health care measures, including insurance, that may be need to fix or treat things.

The sophists who bring up this line of shabby reasoning are capitalizing on the common sense idea that when people emit harm from their private activities--such as manufacture, smoking, reckless driving, and so forth--they ought to shoulder the burden that befalls others in consequences of it all. In short, no one ought to dump on other people the cost and liabilities of one’s own malpractice.

But this doesn’t apply to having to cope with most of one’s illnesses. A viral infection need not have come from someone else, nor a broken leg or nosebleed or upset stomach. When these occur people are supposed to be prepared to deal with it all, including foot the cost of getting them taken care of. Other people should not be placed into involuntary servitude so as to bail one out of either bad luck or misconduct that creates medical problems for one.

It is always a puzzle to me that so many people who are notoriously righteous about the past enslavement of millions of people around the globe, including in America, have no compunction about partially enslaving others so as to get their own agendas fulfilled. But if slavery is wrong, then so is imposing on others the negative consequences of one’s own life, just as it is wrong to deprive people of the positive consequences of the same.

This is the central issue in so many public policy debates not only in our time but from time immemorial. People are not for other people to be used against their will. Never, nohow, under no circumstances. Until this is learned good and hard everywhere, the world will be very far from having become truly civilized.
Coercion Betrays the Vice of Laziness

Tibor R. Machan

So many people who try to justify coercing others to part with their lives, time, resources and so forth claim that the goals to be served justify the coercion. Indeed, one hears it said often that we must realize there are greater goals than our own ones that need to be served by us. Anything else is greedy or selfish or some such thing or other. So don’t fret about your liberty, you selfish monster you. (And by what moral right do slaves and serfs insist that they be set free? Go figure.)

Now I have an observation to offer that should wake up people to just what kind of ruse all this amounts to. If you believe that there are these very important goals that everyone must serve and for the sake of which they may be coerced, how is it that coercion is the chosen approach instead of, say, proselytizing, advocating, crusading, promoting, campaigning and all the other peaceful, non-coercive ways one can go about raising support for what one believes is really worthwhile? Not only is it inhuman to force people to do the right thing--it deprives them of the morally significant choice of whether to do it themselves--but it also shows one’s own laziness or, even worse, hypocrisy. After all, if everyone ought to believe in and support this supposedly superior goal, would it not follow that one who is fully convinced of its great merit would be first in line to actually work for it instead of trying to force others do so? I mean here that they ought really to work and not merely vote for government regulations and rules to force others to comply with the idea.

Only voluntary compliance with good ideas, including moral imperatives, amounts to something praiseworthy. Anything else is morally insignificant--at the point of the gun, morality ends as Ayn Rand once pointed out. But those who would enforce such imperatives should of course be the first out there doing what they preach. And to respect their fellow citizens, they should always use persuasion, never coercion to achieve their goals. Using coercive force on others to get them to do anything, including what is worthwhile when done voluntarily, is treating people as if they were the children of those using the coercion. If adults make use of such means, it is unjustifiable except it amounts to retaliation of the prior use of force, as in self-defense. Who are these adults regimenting fellow adults anyway?

Why then are so many people utilizing coercive force to get others to pursue all those great ideas they believe need service from everyone? Could it be that (a) these people talk a good game but do not at all really believe in putting their money whether their mouths are; and (b) might they just be so damned lazy that they want everyone else to come up with the effort excepting them? After all, if a cause is that worthy, surely one way to serve it is to go out and diligently hustle up support for it. Here is where the traditional peaceful missionaries can serve as a good model--most of them believe and preach instead of using weapons or the threat of them to serve their ideals.

But no, the bulk of those advocating using force really just want other people to do the work that they pretend to be committed to doing, serve the objectives they pretend to cherish so much. Are they then better than ordinary criminals who circumvent the honorable ways of interacting with their fellows and resort, instead, to stealing, lying, cheating, murdering, raping and doing all kinds of other things that do not respect the rights of others? You know the correct answer to this, of course. Please try to make sure everyone else reaches the same insight--these coercers are unabashed bullies.

Those who reject coercion as a means for getting things done have a bit of a disadvantage because they must, if they are to possess any integrity, abide by their own policy of refraining from coercing others even if the objective is morally impeccable. Certainly implementing voluntary relationships among people qualifies as that.
Getting Worked Up

Tibor R. Machan

One might very well be right to consider me an emotional person although this doesn’t mean I lose my mind while I am worked up about something. Indeed, one result of being worked up can be more intense focus on the topic at hand.

In the current political climate, however, my feelings are taxed a good deal. I recall some years ago The New Republic asked whether it was OK to hate George W. Bush and pretty much argued “Yes” in several essays for that issue. I didn’t much approve of hating the then president although I found a great deal to criticize about his positions. I was against the war in Iraq from before it started and Bush’s sop to all the elderly with an entitlement mentality, his policy of providing aid to them for prescription drugs, was a betrayal of whatever modicum of loyalty he might have had toward the principles of a limited government.

Still, I could kind of see that both of these measures had been quite in line with the kind of Republican politics Bush practiced and preached. Nor did I ever see him as a racist or class warfare provocatuer. Now, however, we have in Washington a whole lot of truly despicable politicians and their bureaucratic cadre, people who make no secret of their demagogic contempt for the rich and successful--or their pretense of this in order to get the support of the worst elements within the American political landscape. This now feels every bit like the prevailing official attitude of Soviet bloc countries used to, what with their relentless besmirching of capitalism and capitalists (and anyone with even the slightest sympathies for these).

This then isn’t political debate, disagreement over public policy, etc. This is out and out misanthrope, hatred of the very best features of human society that America has always had to offer the world, namely, hospitality and friendship to those who try to succeed at commerce, those who pursued economic happiness and incidentally keep the wheels of the economy rolling.

This resurrection of the ancient attitudes of envy and resentment of people who do well in life is so unbecoming to anyone involved in American culture and politics that I am not at all ashamed to say that I do in fact hate these people--or at least this aspect of them--with a purple passion. When they offer their nasty soundbites on TV news and talk shows, I am just about ready rush in an blast them with some well chosen sound bites of my own, like, “You commies, go to North Korea where your philosophy will be right at home.” Yes, I have in mind Pelosi and Reed and Sanders and the lot--plus all the Americans who vote for them.

I had reserved this attitude mostly toward people who ruled the Soviet bloc countries and, I have to admit, also Ralph Nader (who epitomized for me the most maniacal proponent of the petty tyrannies of government regulation, thereby implicitly demeaning the American public, saying, in effect, that they must all be treated as children or invalids). (Yet once when I met and debated Nader, back in 1976 I believe it was, at Hillsdale College, in Michigan, he too wasn’t a visible monster, just a terribly misguided man!) These days, however, I am really quite openly angry at the statists in the country, ones who are threatening to bring it down for good unless they are stopped soon.

Of course, the politicians are only the tip of the iceberg. It is their intellectual supporters, writing for sophistic rags like The New York Review of Books, The Progressive, The Nation and the Op Ed pages of several national dailies, who frighten me most. These people, with their polished education but perverse ideas and ideals really need to be stopped in their tracks, refuted with all the ammunition possible to muster against them--with persistent blogging, writing, speaking, voting, and the rest. Otherwise they are going to bring to a sorry end the greatest human political experiment in history, one responsible for improving on human lives more than anything else, a country largely based on the principles of liberty.

Saturday, December 11, 2010

Disgusting Rich Bashing

Tibor R. Machan

There are many welcome developments in America in our time, mainly in the media. Certainly Judge Andrew Napolitano’s and John Stossel’s Fox Business Network TV programs are quite unprecedented in their principled libertarian commentaries. The way Reason Magazine’s staff is all over the place on line, in print, and on television is gratifying (especially to someone like me who was one of those who were instrumental in making the magazine a regular monthly publication in 1970). There are numerous wonderful blogs where the Left and Right have met their serious critics, such as GMU’s economists’ Cafe Hayek.

Nonetheless the vehemence with which the likes of Nancy Pelosi and a bunch of her fellow Democrats in Congress voice the nastiest line of class warfare rhetoric--so much so that even President Obama can at times sound like a moderate man of the Center--is also quite unprecedented, at least in my memory. (Of course, there have been periods in American political history when these kinds of populist and near-communist sentiments flourished but I wasn’t around then to be upset by them. And in some eras we can find critics of statism, such as H. L. Mencken, every bit as emphatic and entertaining as, say, P. J. O’Rourke is today.)

Still, for my taste the current crowd takes the cake. The unabashed demagoguery forthcoming from the likes of Pelosi, Bernie Sanders and their cheerleaders of envy in the media and academy is for me very difficult to stomach. As is the way many in the media cover their blather as if it was just a tad different in content from, say, that of Bill Clinton’s when in fact it is out and out advocacy of tyrannical socialism.

Why is this so upsetting now? Because these people carry on as if there had never been a Soviet Union and the catastrophic meltdown of its type of statist economics, one that embraced to the fullest the sort of government interventionism that our current enthusiastic rich-bashers advocate. Before this, some modicum of excuse may have been possible for buying into the zero-sum type thinking that generates hatred for the rich (although even there anyone familiar with the works of von Mises, et al., could tell that what the Soviets were attempting hadn’t a ghost of a chance succeeding). Prior to the world-wide spectacle of socialism’s fatal failure in the Soviet bloc most people might be forgiven for confusing the wealth-creation under a substantially capitalist, free market economic arena with how wealth had been obtained for centuries on end, namely via military conquest, pillaging, murder, and other forms of brutal human-on-human violence.

But that was when the memory of how riches had been garnered for too many people who had them was all tainted with the primitivism of mercantilist economics and worse. That was mostly after the likes of Adam Smith pointed out that trade was a superior approach to wealth creation to what had been routine in the ancient and even later times, namely, coercive force. This lesson may understandably have taken a bit of time to sink in but once the Soviet debacle occurred, there could be no excuse for thinking that when people are wealthy--yes, indeed, very, very wealthy--this came about because they robbed others. No sane person could think now that the likes of Bill Gates or Mark Zuckerberg make their riches by depriving millions of others of theirs. (This despite the fact that neither of these beneficiaries of capitalism speaks up about the matter often enough!)

So there is no excuse for rich-bashing, none. And I don’t even believe, as some good friends of mine do, that this is all about envy since the nastiest rich-bashing comes from people who are by no stretch of the imagination poor. The best explanation to my way of thinking is that these people are demagogues, trying to cash in on the gullibility of many Americans who are hurting and in desperation and ignorance--they are busy with their ordinary lives--engage in scapegoating instead of seeking clear understanding about economics and, in particular, the current financial fiasco.

Why would they resort to this? Because they have indeed run out of sound arguments for acting like the petty tyrants they are and now can only depend for gaining and keeping power on playing to the worst tendencies of human social thinking, the tendency of too many of us to blame someone, anyone, for what the very people have perpetrated whom they have sent to Washington to do good! Under such circumstances it will probably take many more sensible and articulate media folks like Napolitano and Stossel to counter this hysteria about the rich, giving way to a civilized attitude of live and let live among people occupying the great variety of economic positions one can reasonably expect in a free society.

Friday, December 10, 2010

Law & Our Democracy

Tibor R. Machan

One clear thing about the WikiLeaks affair is that outfits like The New York Times are showing their hypocrisy by failing to vigorously defend WikiLeaks’ Julian Assange’s actions. Wasn’t it The Times that published Daniel Ellsberg’s stolen Pentagon Papers and insisted that this was a valid exercise of its First Amendment Rights and that Ellsberg was a hero? And sure, there is a distinction between taking the papers and publishing them but it seems to me rather cowardly to hide behind that.

But the more serious and general issues is whether laws enacted in a kind of corrupted democracy such as the United States of America are actually morally binding on the citizenry. A good clue comes from the U. S. Supreme Court: “The very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the Courts. One's right to life, liberty and property, to free speech, a free press, freedom of worship and assembly and other fundamental rights may not be submitted to a vote; they depend on the outcome of no elections.” [U. S. Supreme Court in West Virginia State Board of Education v. Barnette (1943)]

Sadly, this purposes has since been completely abandoned by that same court, most recently when it basically abolished the Fifth Amendment’s protection of the right to private property in the July 2005 ruling in City of New London, CT v. Kelo. Once democracy has become so bloated in its reach that no principles are safe from the mob, why exactly should citizens follow so called laws made democratically? They aren’t really laws by then but merely rules laid down by those who have nearly unlimited power.

When as a 14 year old I lived in Budapest under the rule of the “democratic republic” of Hungary--which was but a ruse disguising sheer Soviet style power--my family repeatedly violated “the law,” which is to say we defied the rules the communist--in fact, fascist--regime tried to impose on us all. We hid fugitives from Hungarian prisons and helped them escape to the West. We smuggled merchandise into Hungary with the help of athletes who were permitted to travel abroad (so as to show off how great communist athletes are). And most importantly I myself joined a group of adults who chose to violate the “law” that made it criminal to leave the country for nearly anyone not part of or favored by the ruling elite.

We made it across the border, after an arduous trip from the capitol to the Western border where border guards had been paid off by American agents so they wouldn’t stand too firmly in the way of those trying to escape. All of this was “illegal.” And no one in our group had the slightest compunction about our “illegal” conduct but felt enormous relief and even pride upon completing our journey. So, yes, we violated so called laws which weren’t anything more than the rules of a tyrannical regime. And throughout human history and around the globe back then and even now, thousands are routinely engaged in this kind of illegal conduct. And they darned well have every basic right to do so and those championing obedience of the law in these kinds of cases are full of it.

But, you say, America is a democracy and its laws are indeed binding on all of its citizens. No, that is wrong, since this democracy is now way out of control; it has repeatedly overstepped the limitations of a valid constitution. America is now a vastly illiberal democracy, one in which the majority and those allegedly representing it are perpetrating innumerable tyrannical measures, imposing rules that have no business being part of a free country. Just consider the policies vis-a-vis the consumption of “illicit” drugs!

How dare these people impose their idea of “illicit” on anyone else? Who are they, anyway? And what about the innumerable petty tyrannies of government regulations--issuing completely unjustly from federal, state, county, to municipal rulers? All these are forms of prior restraint, imposing penalties, at times jail sentences, on people who have no committed any violations of any rights but merely are deemed by bureaucrats and their bosses, politicians, capable of doing so! How is that for justice--penalizing people because they might become criminals? That policy would have us all in prison.

No, I am not impressed at all by the claim that people are violating “the law” when that law happens to be grossly unjust, enacted in violation of the basic law of the land. Obedience, compliance, is only warranted because it will serve to avoid prosecution and incarceration.

No one is obliged to be suicidal in his or her comportment toward a government that is either out and out totalitarian or only a democratic, mostly petty, tyranny. With governments like that citizens are only obliged to be prudent and crafty, except when it comes to valid provisions of the criminal law.

Saturday, December 04, 2010

Introduction [to Tibor Machan's new book, Equality, So Badly Misunderstood]:

A supreme achievement of certain thinkers of the modern era has been to challenge and ultimately overturn the idea that some human beings are innately morally or politically superior to others and so they may rule these others as they judge fit. That idea spawned some of the worst practices and institutions among people over the centuries. It was in time invalidated by the plain enough fact that members of the human species were equal in one central respect, namely, their humanity.

However, serious fallout from this welcome development has also occurred. This is the popularity of the view, especially among political and legal philosophers as well as some prominent political economists, namely, that all changeable human inequality is unjust and is to be banished, that individuality itself is something insidious since when one pays heed to it, quite evidently people are quite different individuals from one another. This latter idea, let’s call it bloated equality, has helped, paradoxically, to reintroduce the former political and even moral inequality, which had been nearly totally dis- credited in much of the developed world. This is because in the effort to ban most of the inequality in human communities, those who carry out the ban must be vastly more unequal in the power they hold over others than those they endeavor to make equal. And while their unequal power isn’t being justified on grounds of birthright, the supposed imperative to equalize us all turns out to be insidious and manages to reap the same havoc with justice that the myth of innate inequality did that had been largely abolished. This in the face of the fact that many champions of such egalitarianism have tried to convince us all that justice itself demands their program, the equalization of all, especially in economic matters.

One clear example of public policy influenced by the imperative to establish the bloated conception of political equality came through in the 2009 debate about government guaranteed health care (or insurance) in the United States of America. Such a system is approximated in many other countries across the globe and debate is raging about just how wise and efficient it is. Whether justice requires it, however, is often deemed moot.
Many, especially those who joined US President Barack Obama and his administration, believe in economic equality as they seek to establish a system of government-provided universal health care for American citizens (especially the “public option”). In doing this they clearly take it as a given that the resources required so as to establish their policy may be secured by means of massive taxation and by borrowing against future taxes the payers of which would not even have been born when the policy would begin to be implemented.

So, among other dubious results, this egalitarian effort imposes burdens on yet unborn citizens, thus violating a precious principle of classical liberal politics, one that helped set off the American Revolution in fact, namely, that there must not be taxation without representation. Furthermore the policy includes the Draconian measure of legally requiring citizens to obtain health insurance, surely a measure that would render those who would enforce this far more powerful than those who would choose to abstain. Also, such egalitarian projects are based on the policy of massive wealth redistribution and on the conscription of people’s labor that’s needed to produce the wealth to be redistributed.

But these are just some insidious, unjust results, of the effort to seek substantial economic and social equality among citizens in a human community. The injustice stems from making use of individual human beings against their will, without their consent, and thus from unjustly imposing on them what amounts to involuntary servitude. In this work many more examples of such results will be discussed, along with various arguments and other considerations involved in the issue. It will go some way toward establishing that egalitarianism of the sort that underlies such efforts is badly misguided and, when implemented, it is out and out unjust.

What I will be insisting on defending is the idea that there is no justification for the belief that enforcing economic or any other type of substantive equality among members of human communities is a moral or political—and should be a legal—imperative. No basis exists for this view that, sadly, is widely held in our time.

According to Harvard University Nobel Laureate Amartya K. Sen, the debate over the importance of equality in social and political philosophy is over.

"We are all egalitarians now, because every plausibly defendable ethical theory of social arrangement tends to demand equality in some ‘space,’ requiring equal treatment of individuals in some significant respect—in terms of some variable that is important in that particular theory. The ‘space’ that is invoked does differ from theory to theory. For example, ‘libertarians’ are concerned with equal liberties; ‘economic egalitarians’ argue for equal incomes or wealth; utilitarians insist on equal weight on everyone’s utilities in a consequential maximand, and so on . . . What really distinguishes the different approaches is the variation in their respective answers to the question ‘equality of what?’"

Yet this observation by Sen is about political economy, a very fluid area of human life, so it doesn’t indicate what is most important to most people but what people engaged in discussing public affairs believe. Your neighbor and the watchmaker at the mall aren’t much interested in substantive (e.g., economic) equality. It is mostly when they turn their minds to public affairs such as voting, redistricting, jury duty, and government service that equality starts to matter to them.

More likely, what concerns a great many people is how to be decent and just in their lives not whether people are equal in even the minimal respect of protection for their rights. That may matter, in fact, but isn’t of much concern to most people.

Friday, December 03, 2010

Leak embarrassments

Tibor R. Machan

My newspaper carried the AP headline the other day, “U.S. cuts access to files after leak embarrassment,” and the body of the article reports that Julian Assange, the founder of WikiLeaks is now on a most wanted list in Europe.

I do not have the time or even the curiosity to figure out if the leaks contain anything that would be criminal to steal--such as genuine national or military secrets--but I am told they do not and I also recall that when Daniel Ellsberg sent similar materials to The New York Times many moons ago, which The Times then published, a great many people in the American media defended him despite the fact that those at the Pentagon who were responsible for the material were very upset with him and with The Times about revealing stuff to the world they would just as soon have kept secret. There was a big brouhaha about this back then and my recollection is that many people, especially on the political Left including liberals and critics of the administration, defended Ellsberg and The Times. “How dare anyone try to stop this good man from telling us what we all had a right to know?” was the mantra then.

Today, however, I hear nothing much other than, gasp, on Fox TV, in defense of Julian Assange despite the fact that most of what he has put out there for us to check if we’d like to is by all reports quite innocuous and, in any case, ought to be available for us to find out about in this new era of government transparency. Indeed, all the materials WikiLeaks revealed seem to be no more than simply embarrassing and probably have no business being secret. Transparency, I was made to understand when the Obama administration took office, would be the order of the day, not secrecy. Yet didn’t the president go on record condemning the WikiLeaks revelations? Curious.

I am not sure just what makes something an “important diplomatic message” but the number of individuals, the AP article reported, who are permitted to read them will soon be “significantly reduced.” Is this really right? Unless it is shown that people are put in harm’s way it seems to me nothing coming out of the government of a free country should be kept hidden. How can the citizenry judge the conduct and ideas of members of the administration, the president and his team and all those in Congress who support them, without having access to their work? Must I trust these folks just for the asking? Are people in governments all that trustworthy?

My strong impression is that free men and women must never trust those in government very much, given that such folks have immense power and unless they and their works are watched carefully they are likely to abuse it--to quote the famous English political theorist Lord Acton, “Power tends to corrupt, absolute power corrupts absolutely.”

So there is good reason to applaud WikiLeaks’ efforts to inform us about how the governments of the world go about their business. The excuse that such knowledge may be embarrassing seems to me quite irrelevant since governments simply ought not to engage in conduct that embarrasses them. It is no fault of a news reporter that the transparency that he or she achieves has that effect. If the citizens have the right to know, to avoid embarrassment requires acting decently in the course of doing government’s work. If other countries rely on secrecy to do business with the American government maybe it is high time this stops and they, too, confront the reality that the people they supposedly represent in diplomatic negotiations have the right to know.

Had WikiLeaks stolen a bunch of private information, say from banks or doctors’ offices and computers, the charge that it was acting criminally would be credible. But since the information it is letting everyone have bears on public affairs, I do not see that any breach of privacy is involved. Embarrassing just doesn’t matter here.

Wednesday, December 01, 2010

Too politicized to fail!

Tibor R. Machan

It may now be assumed that the only people allowed to fail in the world are athletes and some gamblers. Businesses are not.

In Ireland, for instance, banks made bad loans and thus lost a lot of dough but no, they were not allowed to go under by the government and by its European pals. Why? Because economic failure is, well, not nice. People do not expect it and politicians couldn’t hide from the responsibility for it.

Now on top of it all this is all being blamed on Ireland’s flirtation with free market economics. The country’s government lifted some regulations so as to give support to a more vigorous financial market but when the results came in--namely, that some folks who undertook business ventures ended up losing money--well they were not allowed.

Those who blamed free market economics for this are clearly economic imbeciles. The free market is a place in which both winning and losing are possible and in either case the government must stay out of the game, just as in most sports the referees don’t bail out those who lose unless they are corrupt. If Ireland did in fact have a free market economy, however extensively or minimally controlled or regulated by the government, banks would not be bailed out but left to lose if that is how they ran their business or if luck didn’t favor them.

But once again something that is completely antithetical to the nature of a free society and market is said by foes of the these to be a part of them. And very few people who must know better jump up and protest this. On Judge Andrew Napolitano’s FOX Business News program, Freedom Watch, one member of his panel recently kept repeating the mantra about how the free market is responsible of Ireland’s woes. More regulations are needed, she kept saying, more government controls. Yet even if the free market is not, as it certainly isn’t, a perfect system of economic relationships, compared to governments across the globe and throughout history it is a marvel of virtue and efficiency!

Every government, as H. L. Mencken made it his business to constantly remind his readers, is corrupt. Why? Well, because every known one of them extorts its funds from people many of whom have not given their consent to have their resources confiscated by anyone. The consent of the governed--now there is a revolutionary idea! And it doesn’t mean the consent of most of the governed but all of those who are being governed. People aren’t ants or termites, so they must not be lumped together and dealt with as a collective. Whatever collective people may be part of they must join voluntarily not be conscripted to.

I don’t know why it is so important for so many commentators to pretend that when bad laws make bad economics possible it must have been the free market that did it. Why are those people so hostile to human freedom? Why do they insist that governments know best and their control of economic affairs is wise and virtuous? It is what Hayek called their fatal conceit, a flawed self-aggrandized vision of themselves as superior to all those they embark upon controlling.

Trouble is that for so much of human history there was not even any serious thought of an alternative to top down rule in societies. The little protest against such rule that had been voiced by a few was quickly squashed.

Just think how even in this supposedly free country public education is in charge of informing young people of the nature of politics! Surely this is virtually handing to the most biased and corrupt faction of society the ultimate responsibility of guiding the population into adult citizenship. Consider, also, that in no public finance studies is there any mention of privatizing the funding of the legal order! Never mind actually treating the idea respectfully but it isn’t even considered. There is more attention paid among public finance academics to the methods used under dictatorships and tyrannies--e.g., the much adored John Maynard Keynes did this--than those that would be under a fully free system! This is a most insidious feature of the governmental habit.

That, as far as I can assess, is the core corruption of the system, not a few judges taking bribes and politicians purchasing the support of some voters with the resources they have extorted from other members of the electorate! That’s peanuts compared to the massive indoctrination campaign perpetrated via the public education system, from kindergarten to grad school!!

Banks and companies that cannot cope with the market ought never be bailed out, certainly not by governments. The idea undermines the principles of a free country, the notion of equality under the law. Those who back such an idea are foes of human liberty, certainly not friends of it.

It is time that the population of countries in which such ruses are carried out get wind of what is happening and do something serious and lasting about it.

Friday, November 26, 2010

Do We Have a Moral Nature?

Tibor R. Machan

It is often held, by admirers of modern science (which took off around about the 15th century) that if human beings are parts of nature, there can be no room for morality in their lives. They are then simply complicated machines working as they must, with no possibility that they can make choices, which is an essential part of morality. Science and morality are, then, often juxtaposed.

But there are several problems with this. For one, nature is bountiful in its variety; so simply because other parts of it are mostly determined to move as they must, it doesn’t follow that all parts do. Just as there are living things that swim, as well as some that fly or simply slither about, there could also be some that are dumb beasts and others that think, reason and make choices. Nothing unnatural about that at all. And once something uses higher reasoning to get on in its life, choices are just around the corner.

Also, those who insist that we are all fully determined to do as we do tend, paradoxically, to be very moralistic about insisting that this is how everyone ought to think about us. In effect they believe, “No one ought to believe that people have free will, that they can make genuine choices in their lives; they ought to be thought of as complex machines.” However, without the capacity to choose, such admonitions are meaningless. Without the capacity to choose, without free will, our thinking is also purely determined and so if we do believe in free will, we then must believe in it. Yet why then get annoyed with us for failing to heed the advice of those who deny our capacity to choose?

Not only that, innumerable scientific minded folks make moral declarations galore. Blaming and praising are part of this exercise and champions of the scientific way quite often blame and praise. They blame those who reject their imperialism about how nature behaves and they praise those who share it. They often outright denounce those who think they shouldn’t be given extensive government funding for their work.

In the recent discussions by the likes of Richard Dawkins, Sam Harris, and Christopher Hitchens, the group called “the new atheists,” all kinds of blaming is in evidence when others who don’t embrace Darwinian evolution or do embrace creationism are being talked about. These people, these champions of science insist, others aren’t doing the right thing, namely, accepting Darwin as correct about how the world works. (Not even all of these scientifically minded people deny free will, by the way.)

The point I am making isn’t about whether such blaming or praising is correct but that it doesn’t square with the belief that we are all determined to be the way we are, that we all work like machines.

In more recent discussions of human choice some scientists have suggested that there might be room for it now that Newtonian physics has been superseded by contemporary, post-Heisenbergian quantum physics, the kind that leaves some room for uncertainty (at least at the subatomic level of existence) and thus might allow that not everything is fully determined to happen one and only one way. (Not that the features of quantum physics that they rely on for this necessarily support anything like human freedom of choice!) In particular the late Karl Popper and John Eccles had thought that the new physics allows for free will (presented in their book The Self and Its Brain [Springer Verlag, 1977]).

So while there is wide consensus among champions of the natural sciences about whether human beings have a moral nature--can reasonably be held responsible for the conduct they choose to embark upon--some dissidents do exist who think that, yes indeed, we are moral agents; it’s a distinguishing aspect of our nature but still quite natural. And certainly quite a few scientists and their champions act like we all did have free will, when, for instance, they blame those who refuse to accept their ideas about evolution. As already mentioned, blaming someone implies they have the freedom to choose how they think and act.

Of course, the world of human beings is filled with moral elements. Personal, social, political and international affairs are all replete with moral concerns, with how we ought to and ought not to think and act. And since this is also in evidence among scientists, it is probably the right way to think about us.