Why not Pessimism?
Tibor R. Machan
By most accounts there is little good news about any progress toward a freer society, quite the contrary. Around the globe, of course, there are some regions that are making small moves away from tyranny but even in those few, human freedom doesn’t appear to be a priority. Instead tribal and religious conflicts are the rule, even as the more vicious rulers are losing their grip on their populations. In Syria the tyrant is hanging on by a very thin thread yet elsewhere it’s mob rule that has replaced dictatorships.
In the USA, which at one time had the justified distinction of aspiring toward a fully free society--”leader of the free world”--the system and those who administer it pay hardly any heed to human liberty; the leadership is either wallowing in calls for economic equality (as if George Orwell had never written Animal Farm) or embarking wrangles about social and religious issues. (These Republicans certainly know how to drop the ball and miss opportunities!) Every problem that gains serious attention seems to call forth simply more statism from the elite; the possibility of turning toward more freedom is routinely denounced by prominent commentators. (I cannot get over Paul Krugman’s widely respected yet totally preposterous complaints about “market fundamentalism,” something he keeps alleging has gripped the country even though no evidence of it exists anywhere.)
Despite all this, there is reason to be hopeful. First, there is that proverbial long run to keep in mind; anyone who takes a close look at the sweep of human political history has to grant that there exists at least a “two steps forward, one back” phenomenon when it comes to the progress of freedom. Then there is the recent emergence of substantial respectability for libertarianism, with the likes of Ron Paul and his son Rand championing it openly among mainstream politicians and with the likes of Fox TV’s Judge Andrew Napolitano, John Stossel and others making a libertarian pitch on a very successful cable network, with regular appearances by and interviews with consistent, uncompromising champions of the fully free society. All those Reason Magazine and Reason.com folks certainly are a very welcome presence “on the air,” repeatedly, making their points very cogently. Gary Johnson, former governor of New Mexico, is going to give it a shot as the Libertarian Party’s presidential candidate, lending his sharp message--one I consider more coherent and on point than those of Ron Paul whose is marred by both certain domestic conservative themes and somewhat over the top ideas on international affairs--to the growing demands for freedom coming from America’s main street (as against the insistent statism we get from too many prominent academics). And there is the growing acknowledgement from many corners that the profligacy of government just cannot be sustained, not without the serious threat of a police state that would be needed to coerce us all into compliance with the resulting grotesque economic policies such as increasing taxes on productive citizens and clamping down on all efforts to resist confiscatory tax policies around the country and abroad. (It bears remembering that John Maynard Keynes considered the Third Reich as a very promising place for his policies of economic meddling by the state--see the Introduction he wrote for the German translation of The General Theory!) Also, the general population seems to be tiring of rich bashing, although there are those, like the Occupy Wall Street bunch, who continue to be ignorantly deluded about the desirability and feasibility of economic leveling.
It is wise also, I think, to keep in mind that massive semi-democratic systems are very unlikely to ever settle into a sensible political regime, given all the conflicting and often bizarre influences that guide public policies and produce truly awful elected officials--think Barney Frank here. Nonetheless over the long haul freedom is making progress. Not in all places, for sure, and with major gaps not just at the national level but in our backyards. When a totally corrupt and counterproductive war on drugs can continue in force, it does appear to be hopeless to expect increasing sanity in the country.
Yet, all in all, the trend, albeit a slow one with many detours and interruptions, does seem to be pointing toward a freer world than before.
Observations and reflections from Tibor R. Machan, professor of business ethics and writer on general and political philosophy, now teaching at Chapman University in Orange, CA.
Saturday, February 11, 2012
Sunday, February 05, 2012
A Small Pleasure of Book Production
Tibor R. Machan
One of my books is a collection of prominent essays by mostly contemporary libertarian political-economic thinkers. Its title, The Libertarian Reader (1982), was so well chosen that years later someone quite prominent, David Boaz of the Cato Institute, also used it for a collection of essays he put together, The Libertarian Reader (1998). (Just in case you didn’t know, in the publishing world it is acceptable to make us of the titles of already published books.)
One of the hopes of authors and editors of books is of course that these will be bought and read, not to mention in huge numbers. But unless one is a famous author or so dedicated to learning of the fate of one’s works, it is rare that one learns whether they have made the rounds. (In the academic world, of course, professors often assign books they have written or edited in their classes, although such self-dealing is widely frowned upon.)
I do know that another book of mine was at least considered for display in a movie or TV program because some years ago I received a form letter asking that I give permission for a producer to do just that with my The Pseudo-Science of B. F. Skinner, originally published by Arlington House of New Rochelle, NY (later reprinted by the University Press of America) and once reviewed very favorably in by Robert W. Proctor and Daniel J. Weeks in The American Journal Of Psychology (Summer 1990). But I never learned if this ever came to pass.
But a few days ago I was watching the coverage of the Republican presidential primaries and as I looked at the bookshelf behind Representative Ron Paul as he was being interviewed, I noticed that The Libertarian Reader was among the books on his shelves. Well, that was gratifying, so much so that I paused my TV and took a picture of it all with my cell phone camera. (It didn’t come out well but still, there it is, in living, albeit blurry, color.)
Of course, Ron Paul is known as a libertarian--he once was nominated for president by the national libertarian party. I think I even met him once when he visited Auburn, Alabama, where the Ludwig von Mises Institute has its headquarters--Paul is close to the folks at that think tank. So it would be easy to indulge in some fantasies about how he may actually have read and been influenced by some of the works collected in my book, although that would be a bit over the top. It is much more likely that he has read into another work I edited, namely, The Libertarian Alternative, published by Nelson Hall Co. of Chicago back in 1973. That was my very first book and came about because Nelson Hall just started out and sent out a notice to academics around the country, soliciting submissions of book ideas. I jumped at the chance and lo and behold got the idea accepted and the volume published. (As the later collection, this one also contains some really fine essays on libertarian political philosophy and jurisprudence.)
So although my books, now numbering in the several dozens--with around 50 featured at Amazon.com--aren’t so popular and prominent as those by Milton Friedman, F. A. Hayek, Ludwig von Mises, or even Richard Epstein, at least one managed to surface in a prominent enough place, suggesting that some others might have done likewise. Not that I wrote or edited them for fame and fortune--though I wouldn’t shy from these were some to have helped to achieve them--it is still quite gratifying to see at least one make it center stage in a popular forum.
Like with happiness, so with fame and fortune, they better be the side effects of one’s dedication and passion. That way even if one fails to make it big with one’s writings, one will at least have had the satisfaction of having contributed to a good cause, namely, the exploration of the subject matter of the works one has produced.
Tibor R. Machan
One of my books is a collection of prominent essays by mostly contemporary libertarian political-economic thinkers. Its title, The Libertarian Reader (1982), was so well chosen that years later someone quite prominent, David Boaz of the Cato Institute, also used it for a collection of essays he put together, The Libertarian Reader (1998). (Just in case you didn’t know, in the publishing world it is acceptable to make us of the titles of already published books.)
One of the hopes of authors and editors of books is of course that these will be bought and read, not to mention in huge numbers. But unless one is a famous author or so dedicated to learning of the fate of one’s works, it is rare that one learns whether they have made the rounds. (In the academic world, of course, professors often assign books they have written or edited in their classes, although such self-dealing is widely frowned upon.)
I do know that another book of mine was at least considered for display in a movie or TV program because some years ago I received a form letter asking that I give permission for a producer to do just that with my The Pseudo-Science of B. F. Skinner, originally published by Arlington House of New Rochelle, NY (later reprinted by the University Press of America) and once reviewed very favorably in by Robert W. Proctor and Daniel J. Weeks in The American Journal Of Psychology (Summer 1990). But I never learned if this ever came to pass.
But a few days ago I was watching the coverage of the Republican presidential primaries and as I looked at the bookshelf behind Representative Ron Paul as he was being interviewed, I noticed that The Libertarian Reader was among the books on his shelves. Well, that was gratifying, so much so that I paused my TV and took a picture of it all with my cell phone camera. (It didn’t come out well but still, there it is, in living, albeit blurry, color.)
Of course, Ron Paul is known as a libertarian--he once was nominated for president by the national libertarian party. I think I even met him once when he visited Auburn, Alabama, where the Ludwig von Mises Institute has its headquarters--Paul is close to the folks at that think tank. So it would be easy to indulge in some fantasies about how he may actually have read and been influenced by some of the works collected in my book, although that would be a bit over the top. It is much more likely that he has read into another work I edited, namely, The Libertarian Alternative, published by Nelson Hall Co. of Chicago back in 1973. That was my very first book and came about because Nelson Hall just started out and sent out a notice to academics around the country, soliciting submissions of book ideas. I jumped at the chance and lo and behold got the idea accepted and the volume published. (As the later collection, this one also contains some really fine essays on libertarian political philosophy and jurisprudence.)
So although my books, now numbering in the several dozens--with around 50 featured at Amazon.com--aren’t so popular and prominent as those by Milton Friedman, F. A. Hayek, Ludwig von Mises, or even Richard Epstein, at least one managed to surface in a prominent enough place, suggesting that some others might have done likewise. Not that I wrote or edited them for fame and fortune--though I wouldn’t shy from these were some to have helped to achieve them--it is still quite gratifying to see at least one make it center stage in a popular forum.
Like with happiness, so with fame and fortune, they better be the side effects of one’s dedication and passion. That way even if one fails to make it big with one’s writings, one will at least have had the satisfaction of having contributed to a good cause, namely, the exploration of the subject matter of the works one has produced.
How to Win this One in November
Tibor R. Machan
Seeing that it looks like Mitt Romney may well win the Republican nomination--though it’s too early to be sure about that--It has been a concern of freedom loving Americans whether the nod given to human individual liberty by the Tea Party back in 2010 will have staying power. When the Republicans began their primaries it looked like one or another of the champions of serious liberty, such as former New Mexico Governor Gary Johnson or Texas representative Ron Paul, could either make it or at least have an influence on who will. This last is still a possibility but not very likely now. With Gingrich injecting the influence of the Beltway Republican insiders into the race and with Mitt Romney derailing any progress toward a consistent political philosophy of liberty among Republicans, prospects for repeating, let alone enhancing, the central trends represented by the Tea Party--which itself has never been fully focused on true liberty--are waning. And that is very disturbing because it looks more and more like Barack Obama has no interest whatever in individual rights, in a bona fide free society and market, or even in civil liberties. What he is after is a populist reformation of the American polity, one that will usher in democratic socialism, with its confusing “market” socialism added.
This is the politics of soft Marxism; which is to say it aims to establish a legal order that’s basically collectivist, communitarian to the core. The idea is that all Americans should be treated as one huge team lead by Obama or some similar minded politician and his or her cronies, with all property (including human labor) treated as public or social, with the serious implementation of the major step Marx and Engels identified on the road to socialism, namely, the abolition of the right to private property. The modern explication of this idea was laid out by NYU professors Liam Murphy and Thomas Nagel, in their book The Myth of Ownership (Oxford 2002). It is an unabashed attack on the principles of free market economics and individualism (i.e., on a system of law based on Lockean individual rights).
OK, is there any chance to nipping all this in the bud? I can only think of one way to do it, namely, to conduct a political campaign that is relentlessly focused on the threat of the loss of American liberty not just in American but around the globe. This liberty is the true hope of humanity, no the egalitarian nonsense that Obama & Co. preach. What it needed is to run an articulate, self-confident, and unapologetic campaign that emphasises the minimalist thesis of liberty as against the totalitarian thesis that all of us must be herded into a collective mass (of which the best current manifestation is North Korea).
If the Republican candidate for the presidency, or per chance someone else with sufficient support, keeps to this theme and forthrightly refuses to get entangled with side issues like illegal immigration, funding Planned Parenthood, etc., etc.--details that can easily be made to serve to distract Americans from what really is politically important--there is a chance of unseating Obama and his team in time to continue the momentum of the American revolution. The candidate to do this may not yet be in evidence but whoever it will be needs to focus clearly and be superbly articulate and intellectually competent in the effort to advance the cause of liberty.
Now Newt Gingrich and Mitt Romney do not sound bad in debate and on the campaign trail but their ideas are muddled and so their leadership is seriously wanting when it comes to opposing Obama’s populist appeal. That appeal rests on phony hopes and aspirations, on false promises and on magical economics. But packaged in the cool style and rhetoric of Obama and absent competent challenge, it can continue to take the country toward a major setback on the road to realizing its destiny, the fulfillment of the ideas of the Declaration of Independence and, less exactly, the Bill of Rights. It is this mission that must be the candidate’s central purpose, put in the clearest and most informed terms that American citizens can appreciate and support. I am convinced it has a chance in November.
Tibor R. Machan
Seeing that it looks like Mitt Romney may well win the Republican nomination--though it’s too early to be sure about that--It has been a concern of freedom loving Americans whether the nod given to human individual liberty by the Tea Party back in 2010 will have staying power. When the Republicans began their primaries it looked like one or another of the champions of serious liberty, such as former New Mexico Governor Gary Johnson or Texas representative Ron Paul, could either make it or at least have an influence on who will. This last is still a possibility but not very likely now. With Gingrich injecting the influence of the Beltway Republican insiders into the race and with Mitt Romney derailing any progress toward a consistent political philosophy of liberty among Republicans, prospects for repeating, let alone enhancing, the central trends represented by the Tea Party--which itself has never been fully focused on true liberty--are waning. And that is very disturbing because it looks more and more like Barack Obama has no interest whatever in individual rights, in a bona fide free society and market, or even in civil liberties. What he is after is a populist reformation of the American polity, one that will usher in democratic socialism, with its confusing “market” socialism added.
This is the politics of soft Marxism; which is to say it aims to establish a legal order that’s basically collectivist, communitarian to the core. The idea is that all Americans should be treated as one huge team lead by Obama or some similar minded politician and his or her cronies, with all property (including human labor) treated as public or social, with the serious implementation of the major step Marx and Engels identified on the road to socialism, namely, the abolition of the right to private property. The modern explication of this idea was laid out by NYU professors Liam Murphy and Thomas Nagel, in their book The Myth of Ownership (Oxford 2002). It is an unabashed attack on the principles of free market economics and individualism (i.e., on a system of law based on Lockean individual rights).
OK, is there any chance to nipping all this in the bud? I can only think of one way to do it, namely, to conduct a political campaign that is relentlessly focused on the threat of the loss of American liberty not just in American but around the globe. This liberty is the true hope of humanity, no the egalitarian nonsense that Obama & Co. preach. What it needed is to run an articulate, self-confident, and unapologetic campaign that emphasises the minimalist thesis of liberty as against the totalitarian thesis that all of us must be herded into a collective mass (of which the best current manifestation is North Korea).
If the Republican candidate for the presidency, or per chance someone else with sufficient support, keeps to this theme and forthrightly refuses to get entangled with side issues like illegal immigration, funding Planned Parenthood, etc., etc.--details that can easily be made to serve to distract Americans from what really is politically important--there is a chance of unseating Obama and his team in time to continue the momentum of the American revolution. The candidate to do this may not yet be in evidence but whoever it will be needs to focus clearly and be superbly articulate and intellectually competent in the effort to advance the cause of liberty.
Now Newt Gingrich and Mitt Romney do not sound bad in debate and on the campaign trail but their ideas are muddled and so their leadership is seriously wanting when it comes to opposing Obama’s populist appeal. That appeal rests on phony hopes and aspirations, on false promises and on magical economics. But packaged in the cool style and rhetoric of Obama and absent competent challenge, it can continue to take the country toward a major setback on the road to realizing its destiny, the fulfillment of the ideas of the Declaration of Independence and, less exactly, the Bill of Rights. It is this mission that must be the candidate’s central purpose, put in the clearest and most informed terms that American citizens can appreciate and support. I am convinced it has a chance in November.
Saturday, February 04, 2012
Good Bye OC Register
Tibor R. Machan
Since the Fall of 1966 (if memory serves me right) I have been a columnist at what was then The Santa Ana but is now the Orange County Register. I cannot count how many columns I produced, nearly all of them concerned with demonstrating the superiority of the free society as understood in libertarianism. (Two books I edited contain some of the columns, Liberty and Culture, Essays on the Idea of a Free Society [Prometheus Books, 1983] and Neither Left nor Right, Selected Columns [Hoover Institution Press, 2004].)
None of the columns I wrote for the paper has ever been rejected or significantly altered by the editors. I am quite amazed by this but couldn’t complain, that’s for certain. It has been an amazing run and I am very grateful I was given the opportunity to be a part of the company's efforts to promote individual liberty. Unfortunately, however, the current management has decided that they no longer wish to publish my columns. Given that Freedom Communications, Inc., that owns The Register and a slew of other papers around the country, has been abandoning it's libertarian bearings over the last couple of years--the Hoiles family lost all control over the company--this is no great surprise.
I would have welcomed knowing exactly what brought about the decision but as someone who holds firmly that those who hire one are fully within their rights to let you go (unless some contract specifies otherwise, which in my case doesn’t apply)--just as are you to leave them--I have no complaints apart from finding it uncool to provide no reason after having been with the company for such a long time and having never been told of any dissatisfaction with my work by anyone there. But it’s a free country--up to a point--and people in any line of work, including journalism, are or should be at liberty to peacefully misbehave. I would be first in line to defend their right to do so even when I regard what they do objectionable. (And whoever welcomes being fired, especially summarily, never mind that by this time they paid me only a nominal fee for my work?)
The only reason this is worth a bit of public discussion is that The Register and other Freedom Communications, Inc., newspapers have been a rare libertarian voice in an admittedly shrinking newspaper-land. Indeed, Freedom Newspapers has been a rarity, founded by R. C. Hoiles back in the 1920s, consistently and unrelentingly championing individual liberty.
In 1997 I was hired with the title “Advisor on Libertarian Issues” to work for the company, over and above the writing of my columns, and this came to an end in 2010 when the company pretty much fell apart as the distinct entity it had been, championing liberty more than any other media outfit had done.
It is not easy to gauge the impact of Freedom's hundreds of editorials and columns discussing various aspects of the free society but it's probably fair to say that at least it has given a strong and lively voice to a fully libertarian viewpoint more than any other prominent media organization in the land. It has also made room on its pages to columnists like me, some far more prominent in their fields of specialization, such Thomas Sowell, Walter Williams, James Doti, et al.
Just when the company abandoned its consistent editorial stance in favor of liberty some other major media organizations did, fortunately, begin to give voice to the freedom philosophy (as we liked to refer to the R. C Hoiles brand of libertarianism). Fox TV News has welcomed quite a few libertarians, such as Judge Andrew Napolitano and John Stossel, and their slate of libertarian scholars and other guest commentators. The editors of Reason Magazine, which I helped built up in 1970 and which in time has become a formidable libertarian publication, appear on Fox TV regularly; so it seems that there will continue to be voices championing liberty even without Freedom Communications, Inc., committed to doing so as intensely as it had been since its founding.
Anyway, so long and good bye Orange County Register. You have been a sharp and diligent champion of liberty even when that was hardly welcome in the USA, even in conservative (but not quite libertarian) Orange County. I am grateful for having been part of your team for quite a few years.
Tibor R. Machan
Since the Fall of 1966 (if memory serves me right) I have been a columnist at what was then The Santa Ana but is now the Orange County Register. I cannot count how many columns I produced, nearly all of them concerned with demonstrating the superiority of the free society as understood in libertarianism. (Two books I edited contain some of the columns, Liberty and Culture, Essays on the Idea of a Free Society [Prometheus Books, 1983] and Neither Left nor Right, Selected Columns [Hoover Institution Press, 2004].)
None of the columns I wrote for the paper has ever been rejected or significantly altered by the editors. I am quite amazed by this but couldn’t complain, that’s for certain. It has been an amazing run and I am very grateful I was given the opportunity to be a part of the company's efforts to promote individual liberty. Unfortunately, however, the current management has decided that they no longer wish to publish my columns. Given that Freedom Communications, Inc., that owns The Register and a slew of other papers around the country, has been abandoning it's libertarian bearings over the last couple of years--the Hoiles family lost all control over the company--this is no great surprise.
I would have welcomed knowing exactly what brought about the decision but as someone who holds firmly that those who hire one are fully within their rights to let you go (unless some contract specifies otherwise, which in my case doesn’t apply)--just as are you to leave them--I have no complaints apart from finding it uncool to provide no reason after having been with the company for such a long time and having never been told of any dissatisfaction with my work by anyone there. But it’s a free country--up to a point--and people in any line of work, including journalism, are or should be at liberty to peacefully misbehave. I would be first in line to defend their right to do so even when I regard what they do objectionable. (And whoever welcomes being fired, especially summarily, never mind that by this time they paid me only a nominal fee for my work?)
The only reason this is worth a bit of public discussion is that The Register and other Freedom Communications, Inc., newspapers have been a rare libertarian voice in an admittedly shrinking newspaper-land. Indeed, Freedom Newspapers has been a rarity, founded by R. C. Hoiles back in the 1920s, consistently and unrelentingly championing individual liberty.
In 1997 I was hired with the title “Advisor on Libertarian Issues” to work for the company, over and above the writing of my columns, and this came to an end in 2010 when the company pretty much fell apart as the distinct entity it had been, championing liberty more than any other media outfit had done.
It is not easy to gauge the impact of Freedom's hundreds of editorials and columns discussing various aspects of the free society but it's probably fair to say that at least it has given a strong and lively voice to a fully libertarian viewpoint more than any other prominent media organization in the land. It has also made room on its pages to columnists like me, some far more prominent in their fields of specialization, such Thomas Sowell, Walter Williams, James Doti, et al.
Just when the company abandoned its consistent editorial stance in favor of liberty some other major media organizations did, fortunately, begin to give voice to the freedom philosophy (as we liked to refer to the R. C Hoiles brand of libertarianism). Fox TV News has welcomed quite a few libertarians, such as Judge Andrew Napolitano and John Stossel, and their slate of libertarian scholars and other guest commentators. The editors of Reason Magazine, which I helped built up in 1970 and which in time has become a formidable libertarian publication, appear on Fox TV regularly; so it seems that there will continue to be voices championing liberty even without Freedom Communications, Inc., committed to doing so as intensely as it had been since its founding.
Anyway, so long and good bye Orange County Register. You have been a sharp and diligent champion of liberty even when that was hardly welcome in the USA, even in conservative (but not quite libertarian) Orange County. I am grateful for having been part of your team for quite a few years.
Saturday, January 28, 2012
The bottom line on Obama-economics!
Tibor R. Machan
Economic fairness is impossible: an oxymoron. Since economic activities are inherently varied and often competitive and since one size doesn’t fit all and not everyone can win in a competition, no such thing as fairness is possible unless it simply means no one may be prevented from taking part. Certainly, however, the outcome will most likely be very different for different participants.
The sort of fairness and equality President Obama and his supporters are after maybe achieved around a family or fraternity dinner table or in a last will and testament where goods are being distributed among family members who each expect the fulfillment of an implied promise from elders to receive a “fair share” of the wealth left to them. “Fair” here makes sense since the idea is that no one is going to get much less or more than another. But no such expectation makes any sense throughout a country! The government owns nothing and can thus leave nothing to the citizenry without engaging in massive redistribution of wealth it doesn’t have any authority to distribute or redistribute.
When fairness is demanded, it implies that the government does have the authority to assign winners and losers in the economic sphere. As if we still lived in a monarchy awaiting the decision of the king as to who will be the beneficiary of his largess. All the subjects can hope they will receive a fair share of the wealth of the country.
But in a free country, with the principle of private property rights as the law of the land, the king or government has no business engaging in wealth distribution so the issue of fairness is entirely moot. It's a dream and where attempted, it leads to a police state. All that Mr. Obama needs to do to appreciate this is to read George Orwell's Animal Farm, a wonderful parable about what happens when equality is demanded and government tries to produce it. He might also check out the late Robert Nozick’s famous Wilt Chamberlain example, from this book Anarchy, State, and Utopia (1973) where he shows that when goodies are fairly distributed among people they will turn right around a rearrange it all so the “fair” distribution is completely upset.
Or if he wants real life cases from which to take lessons, Obama & Co. might remember the Soviet Union and investigate how things are panning out in that heavenly egalitarian country, North Korea. They could perhaps consider that in Cuba the rulers are finally realizing the futility of the socialist-egalitarian ideal and are making changes to turn the place into more and more of a free market system.
Still, there will always be those who want to level the economy. The main reason is the misguided conviction that we are, after all, in the same boat, just as are the children in a family. But the government isn’t like our parents who have made a promise to care for all their children. We aren’t the children of Mr. Obama and his administration! To try to serve us all with all the benefits that parents owe to their offspring would be futile and invites totalitarianism.
Parents, after all, own their resources and owe some of it to their children; this is not the case with governments and the citizenry. They don’t own anything at all without confiscating it. At most they may do this up to what is needed for administering the laws of the land--providing the citizenry with national defense and a sound legal system and its maintenance. Even some of this can be achieved without much government management. After all, who is the government but other citizens who have been hired to do a rather limited job in the country. It is up to the citizenry to secure for themselves economic growth, solvency, innovation, investment, etc. To attempt anything more would involve the government in tasks that free citizens aren’t entitled to.
Sadly Obama & Co. see the country as it if were some club or team where everyone is part of it and needs the same treatment as everyone else. But a country is not a club or a team--those are the results of free men and women coming together voluntarily for a great variety of purposes. The government of such free men and women must not get involved with what the clubs are embarking upon, be it business, athletics, education, entertainment or whatever else peaceful such folks will embark upon. Like the proverbial cop on the beat, the government isn’t there to pick the goals and tasks of those whom they serve in a limited capacity of securing their rights. It’s there to keep the peace, that is all!
Tibor R. Machan
Economic fairness is impossible: an oxymoron. Since economic activities are inherently varied and often competitive and since one size doesn’t fit all and not everyone can win in a competition, no such thing as fairness is possible unless it simply means no one may be prevented from taking part. Certainly, however, the outcome will most likely be very different for different participants.
The sort of fairness and equality President Obama and his supporters are after maybe achieved around a family or fraternity dinner table or in a last will and testament where goods are being distributed among family members who each expect the fulfillment of an implied promise from elders to receive a “fair share” of the wealth left to them. “Fair” here makes sense since the idea is that no one is going to get much less or more than another. But no such expectation makes any sense throughout a country! The government owns nothing and can thus leave nothing to the citizenry without engaging in massive redistribution of wealth it doesn’t have any authority to distribute or redistribute.
When fairness is demanded, it implies that the government does have the authority to assign winners and losers in the economic sphere. As if we still lived in a monarchy awaiting the decision of the king as to who will be the beneficiary of his largess. All the subjects can hope they will receive a fair share of the wealth of the country.
But in a free country, with the principle of private property rights as the law of the land, the king or government has no business engaging in wealth distribution so the issue of fairness is entirely moot. It's a dream and where attempted, it leads to a police state. All that Mr. Obama needs to do to appreciate this is to read George Orwell's Animal Farm, a wonderful parable about what happens when equality is demanded and government tries to produce it. He might also check out the late Robert Nozick’s famous Wilt Chamberlain example, from this book Anarchy, State, and Utopia (1973) where he shows that when goodies are fairly distributed among people they will turn right around a rearrange it all so the “fair” distribution is completely upset.
Or if he wants real life cases from which to take lessons, Obama & Co. might remember the Soviet Union and investigate how things are panning out in that heavenly egalitarian country, North Korea. They could perhaps consider that in Cuba the rulers are finally realizing the futility of the socialist-egalitarian ideal and are making changes to turn the place into more and more of a free market system.
Still, there will always be those who want to level the economy. The main reason is the misguided conviction that we are, after all, in the same boat, just as are the children in a family. But the government isn’t like our parents who have made a promise to care for all their children. We aren’t the children of Mr. Obama and his administration! To try to serve us all with all the benefits that parents owe to their offspring would be futile and invites totalitarianism.
Parents, after all, own their resources and owe some of it to their children; this is not the case with governments and the citizenry. They don’t own anything at all without confiscating it. At most they may do this up to what is needed for administering the laws of the land--providing the citizenry with national defense and a sound legal system and its maintenance. Even some of this can be achieved without much government management. After all, who is the government but other citizens who have been hired to do a rather limited job in the country. It is up to the citizenry to secure for themselves economic growth, solvency, innovation, investment, etc. To attempt anything more would involve the government in tasks that free citizens aren’t entitled to.
Sadly Obama & Co. see the country as it if were some club or team where everyone is part of it and needs the same treatment as everyone else. But a country is not a club or a team--those are the results of free men and women coming together voluntarily for a great variety of purposes. The government of such free men and women must not get involved with what the clubs are embarking upon, be it business, athletics, education, entertainment or whatever else peaceful such folks will embark upon. Like the proverbial cop on the beat, the government isn’t there to pick the goals and tasks of those whom they serve in a limited capacity of securing their rights. It’s there to keep the peace, that is all!
Tuesday, January 24, 2012
TSA & a Free Country: Are they Compatible?
Tibor R. Machan
Why does the TSA annoy so many of us? Not having the resources to do a survey, I resort here to what might be called educated speculation. I suspect it is because free men and women consider it invasive for government agents to order them around--pat them down, make them endure electronic surveillance, being ordered around by TSA agents, etc.--unless they give their permission.
Just because someone embarks upon air travel it doesn’t follow that such permission can be inferred, especially if the search is conducted by government agents. If a private carrier states up front that utilizing it will require submitting to various intrusions, there is a difference. People may require of visitors to their homes or business establishments to submit to certain reasonable precautionary measures, say, for hygienic or security purposes. That’s because their home belongs to them and they may impose conditions for accessing it to others even if these others do not quite understand the rationale behind the measures to which they are subjected. They can go elsewhere. But when government imposes such requirements, given the overwhelming force it wields and its monopolistic powers, certain due process provisions must be met. One cannot escape the government since it runs air traffic. Thus, not unless there is solid reason to suspect someone of misconduct or ill will may they be interfered with by the government. Otherwise the policy is arbitrary.
Interestingly, when Senator Rand Paul was subjected to the TSA’s measures on January 23, another issue, apart from due process, arose: the US Constitution disallows interference with the travel by a member of Congress. There is a bit of ambiguity about it, though. Among other things, if such an individual “breaches the peace,” the interference is warranted. Yet, what constitutes breaching of the peace? Simply embarking upon air travel surely does not. So the TSA hasn’t even the legal ability and thus the authority to detain someone like Senator Rand Paul. And arguably it should not have such authority when it comes to citizens who aren’t suspected of any crimes.
I was traveling recently and boarded a flight at Newark Airport in New Jersey and was subjected to the pat down, etc., procedure. I was informed that my right palm tested positive for a substance that had been instrumental in causing the Oklahoma City blast of several years ago. I wasn’t actually shown this, even though I asked, but I didn’t insist since I needed to catch my flight and there wasn’t much time left to do so. I didn’t carry with me any materials of the kind detected on my right palm--I was not checking bags and everything I had was put through the machinery at the security check. Despite this, I was physically patted down by some bloke, something I didn’t welcome but because of their power over me I couldn’t escape. Either I underwent the procedure or I was barred from boarding my flight.
What exactly counts as grounds for suspicion? No clue but maybe by setting off some instrument that’s calibrated some way to detect hazardous substances establishes sufficient grounds. Of course, different people can become suspicious for different reasons, based on their own experiences, knowledge, worries, etc. Risk assessment is certainly not an exact science. Much of it is based on input from experts who have different ways of weighing risks. Here, too, competition is needed to figure out what policy is best.
It is wisest not to forget that levels of fear and concern vary and that here, too, one size does not fit all. So what the TSA selects as decisive in how to measure risk may well be largely subjective. At most the best results will be an inter-subjective assessment. No wonder people feel very uneasy when they are subject to such a wishywashy system.
In this area, too, a competitive market is necessary so as to come up with results that are reasonable. Unfortunately when government manages airport security, this isn’t possible. Too many factors influence the managers and there is little hope for an objective determination or even of one that is at least plausible. Which means that policies will be debated forever and will result in policies that are arbitrary. That is the result of the tragedy of the commons in his area of concern. The king’s intuitions rule but no one can figure out whether they make sense!
Tibor R. Machan
Why does the TSA annoy so many of us? Not having the resources to do a survey, I resort here to what might be called educated speculation. I suspect it is because free men and women consider it invasive for government agents to order them around--pat them down, make them endure electronic surveillance, being ordered around by TSA agents, etc.--unless they give their permission.
Just because someone embarks upon air travel it doesn’t follow that such permission can be inferred, especially if the search is conducted by government agents. If a private carrier states up front that utilizing it will require submitting to various intrusions, there is a difference. People may require of visitors to their homes or business establishments to submit to certain reasonable precautionary measures, say, for hygienic or security purposes. That’s because their home belongs to them and they may impose conditions for accessing it to others even if these others do not quite understand the rationale behind the measures to which they are subjected. They can go elsewhere. But when government imposes such requirements, given the overwhelming force it wields and its monopolistic powers, certain due process provisions must be met. One cannot escape the government since it runs air traffic. Thus, not unless there is solid reason to suspect someone of misconduct or ill will may they be interfered with by the government. Otherwise the policy is arbitrary.
Interestingly, when Senator Rand Paul was subjected to the TSA’s measures on January 23, another issue, apart from due process, arose: the US Constitution disallows interference with the travel by a member of Congress. There is a bit of ambiguity about it, though. Among other things, if such an individual “breaches the peace,” the interference is warranted. Yet, what constitutes breaching of the peace? Simply embarking upon air travel surely does not. So the TSA hasn’t even the legal ability and thus the authority to detain someone like Senator Rand Paul. And arguably it should not have such authority when it comes to citizens who aren’t suspected of any crimes.
I was traveling recently and boarded a flight at Newark Airport in New Jersey and was subjected to the pat down, etc., procedure. I was informed that my right palm tested positive for a substance that had been instrumental in causing the Oklahoma City blast of several years ago. I wasn’t actually shown this, even though I asked, but I didn’t insist since I needed to catch my flight and there wasn’t much time left to do so. I didn’t carry with me any materials of the kind detected on my right palm--I was not checking bags and everything I had was put through the machinery at the security check. Despite this, I was physically patted down by some bloke, something I didn’t welcome but because of their power over me I couldn’t escape. Either I underwent the procedure or I was barred from boarding my flight.
What exactly counts as grounds for suspicion? No clue but maybe by setting off some instrument that’s calibrated some way to detect hazardous substances establishes sufficient grounds. Of course, different people can become suspicious for different reasons, based on their own experiences, knowledge, worries, etc. Risk assessment is certainly not an exact science. Much of it is based on input from experts who have different ways of weighing risks. Here, too, competition is needed to figure out what policy is best.
It is wisest not to forget that levels of fear and concern vary and that here, too, one size does not fit all. So what the TSA selects as decisive in how to measure risk may well be largely subjective. At most the best results will be an inter-subjective assessment. No wonder people feel very uneasy when they are subject to such a wishywashy system.
In this area, too, a competitive market is necessary so as to come up with results that are reasonable. Unfortunately when government manages airport security, this isn’t possible. Too many factors influence the managers and there is little hope for an objective determination or even of one that is at least plausible. Which means that policies will be debated forever and will result in policies that are arbitrary. That is the result of the tragedy of the commons in his area of concern. The king’s intuitions rule but no one can figure out whether they make sense!
Saturday, January 21, 2012
BBC’s Biased Coverage of Capitalism
Tibor R. Machan
On the BBC website an interview was featured recently with the famous orthodox Marxist, Eric Hobsbawm, who promptly denounced capitalism as if he had established definitively its inferiority as a political economic system. Is the BBC such an irresponsible news organization that it will feature Mr. Hobsbawm’s characterization of capitalism with no one who champions that system featured responding to him? (If you search, no such balanced presentation can be found on the BBC website.) Or is this happening because, after all, BBC is a state broadcast endeavor and has a big stake in discrediting a system that relies on private initiative?
From a Marxist perspective especially this conclusion is quite reasonable, since we are all supposed to be driven by economic motives and here is an instance that might just fit this idea perfectly. The BBC would be one of the casualties of capitalist inspired privatization! As a creature of the state it relies on confiscated resources for its operations and capitalism goes against that policy big time.
The question that was put to Mr. Hobsbawm by the BBC’s interviewer, had to do with capitalism and responsibility. That is, whether agents in a free market would be motivated to act responsibly and the answer Mr. Hobsbawm gave is “No.” Yet if people act irresponsibly in genuine free markets, this will soon be known and they would lose trust from fellow market agents. Only when governments protect market agents from the consequences of their behavior will they be able to persist in acting irresponsibly.
Moreover, if those who would regulate our economic conduct are, as they must be, human beings, why would they be virtuous while the we would not be? Why would they not use their monopolistic legal power to secure advantages for themselves, just as public choice theory (as per James Buchanan and Gordon Tullock) postulates?
What free market capitalism cannot offer, because it doesn’t control people, is compliance with all tenets of ethics. But neither can anyone else make such a promise and when they pretend they can, this invites the most insidious lack of ethics, namely, tyranny.
The bottom line here is that if you are interested in the nature of capitalism, don't ask a Marxist but a champion of that system of political economy, such as Professor Richard Epstein (NYU) or Randy Barnett (Georgetown U.) or, yes, me! Then go and find some critics and contrast their different answers and let the audience assess which approach is more reasonable.
The BBC doesn’t appear to honor this approach, the only balanced one, when dealing with the nature of capitalism. Too bad. Failing to let a competent defense of that system be aired on BBC may even promote some major economic malpractice, including the appointment of all kinds of petty tyrants who presume to know how to run our economic affairs.
“As an economic system capitalism has nothing to do with responsibility,” says the Marxist sage, yet this is perverse, uninformed, given that trust and being responsible to fulfill one’s promises is essential to free market capitalism. Indeed, one reason that that system works pretty well when uncorrupted by state interference is that those who fail to be responsible do not flourish in it unless favored with privileges they haven’t earned.
As many have pointed out, the famous association between capitalism and the pursuit of self-interest is widely misunderstood. “Self-interest” in how capitalism operates means nothing more than that people are doing what they want (since they are free to do so). But what they want to do may be for their own or for someone else’s benefit; nothing in capitalist theory spells that out. Indeed, it is a strong feature--not without some problems--of capitalist economic theory that saying that people pursue their self-interest says nearly nothing about what they are likely to do. This is because in that theory self-interest is understood subjectively. Whatever one believes is in his or her interest is exactly what is; but this makes it perfectly reasonable that someone who wants to consume heroin or engage in innumerable other self-destructive activities (by common sense standards) is actually pursuing his or her self-interest.
In any case, the main point here is that the BBC seems not to care to practice responsible journalism even while asking Mr. Hobsbawm to comment on the relationship between responsibility and capitalism. How ironic.
Tibor R. Machan
On the BBC website an interview was featured recently with the famous orthodox Marxist, Eric Hobsbawm, who promptly denounced capitalism as if he had established definitively its inferiority as a political economic system. Is the BBC such an irresponsible news organization that it will feature Mr. Hobsbawm’s characterization of capitalism with no one who champions that system featured responding to him? (If you search, no such balanced presentation can be found on the BBC website.) Or is this happening because, after all, BBC is a state broadcast endeavor and has a big stake in discrediting a system that relies on private initiative?
From a Marxist perspective especially this conclusion is quite reasonable, since we are all supposed to be driven by economic motives and here is an instance that might just fit this idea perfectly. The BBC would be one of the casualties of capitalist inspired privatization! As a creature of the state it relies on confiscated resources for its operations and capitalism goes against that policy big time.
The question that was put to Mr. Hobsbawm by the BBC’s interviewer, had to do with capitalism and responsibility. That is, whether agents in a free market would be motivated to act responsibly and the answer Mr. Hobsbawm gave is “No.” Yet if people act irresponsibly in genuine free markets, this will soon be known and they would lose trust from fellow market agents. Only when governments protect market agents from the consequences of their behavior will they be able to persist in acting irresponsibly.
Moreover, if those who would regulate our economic conduct are, as they must be, human beings, why would they be virtuous while the we would not be? Why would they not use their monopolistic legal power to secure advantages for themselves, just as public choice theory (as per James Buchanan and Gordon Tullock) postulates?
What free market capitalism cannot offer, because it doesn’t control people, is compliance with all tenets of ethics. But neither can anyone else make such a promise and when they pretend they can, this invites the most insidious lack of ethics, namely, tyranny.
The bottom line here is that if you are interested in the nature of capitalism, don't ask a Marxist but a champion of that system of political economy, such as Professor Richard Epstein (NYU) or Randy Barnett (Georgetown U.) or, yes, me! Then go and find some critics and contrast their different answers and let the audience assess which approach is more reasonable.
The BBC doesn’t appear to honor this approach, the only balanced one, when dealing with the nature of capitalism. Too bad. Failing to let a competent defense of that system be aired on BBC may even promote some major economic malpractice, including the appointment of all kinds of petty tyrants who presume to know how to run our economic affairs.
“As an economic system capitalism has nothing to do with responsibility,” says the Marxist sage, yet this is perverse, uninformed, given that trust and being responsible to fulfill one’s promises is essential to free market capitalism. Indeed, one reason that that system works pretty well when uncorrupted by state interference is that those who fail to be responsible do not flourish in it unless favored with privileges they haven’t earned.
As many have pointed out, the famous association between capitalism and the pursuit of self-interest is widely misunderstood. “Self-interest” in how capitalism operates means nothing more than that people are doing what they want (since they are free to do so). But what they want to do may be for their own or for someone else’s benefit; nothing in capitalist theory spells that out. Indeed, it is a strong feature--not without some problems--of capitalist economic theory that saying that people pursue their self-interest says nearly nothing about what they are likely to do. This is because in that theory self-interest is understood subjectively. Whatever one believes is in his or her interest is exactly what is; but this makes it perfectly reasonable that someone who wants to consume heroin or engage in innumerable other self-destructive activities (by common sense standards) is actually pursuing his or her self-interest.
In any case, the main point here is that the BBC seems not to care to practice responsible journalism even while asking Mr. Hobsbawm to comment on the relationship between responsibility and capitalism. How ironic.
Tuesday, January 17, 2012
MLK’s Public Philosophy of Freedom
Tibor R. Machan
As I flew home across the country from NYC on January 16th, the holiday this year in honor of the birthday of Dr. Martin Luther King, Jr., I had the opportunity to watch several programs on television devoted to his legacy. I was especially struck by the fact that commentators -- for example Amy Goodman, the host and executive producer of Democracy Now!," a national, daily, independent, award-winning news program" -- keep imputing to him a welfare statism that seems not to have been part of his thinking. (I have no idea what Democracy Now! is independent of since all the programs on it evidence a distinct perspective, no less so that those on Fox TV.)
During the flight I managed, also, to listen again to the entire speech Dr. King gave in Alabama, on the day before he was assassinated, and what it was mostly about is freedom, not at all about welfare statism.
There are, admittedly, several senses of the term “freedom” in use. In particular there is negative and positive freedom. The former is strongly associated with the American political tradition -- spelled out, for example, in the Declaration of Independence and the Bill of Rights -- the latter with the ideas of FDR’s New Deal. The first means being free from the intrusions of other people, including government, however well intentioned; the second means being provided with support by others, including the government through its power of taking what belongs to one so as to hand to another. So one is free to do what one chooses to do if one is free in the first sense, while one is free from having to cover one’s various expenses in the second sense.
The free society as understood by classical liberals stresses the protection of the freedom of the citizenry with a suitably framed legal system, while the society fashioned by modern liberals stresses government's providing to people what they are said to need by way of confiscatory taxation for this purpose.
It seems to me that Dr. King was talking about the former kind of freedom, freedom from the oppressive acts of most whites toward most blacks, for example. Many of those who today wish to invoke his stature and ideas for their political purposes, however, are talking about the second kind of "freedom or liberty." That is the freedom, so called, that the welfare state is supposed to protect for people, at the expense of those whose resources are confiscated so as to achieve this goal. Yet there are many who insist that Dr. King had in mind the second type of freedom -- or perhaps that he believed in both. As one commentator put it, “On that day, Dr. King spoke of two types of freedom -- one from ‘the chains of discrimination’ and one from living on ‘a lonely island of poverty in the midst of a vast ocean of material prosperity.’ Somehow his first message has been taken to heart while his second has been forgotten.” (This is what John Fullerton, founder of Capital Institute, declared in his recent essay on Huff Post.)
The problem with attributing to MLK this two-pronged idea of freedom is that if it is correct, it makes his ideas incoherent. The first type of freedom just cannot co-exists with the second. If A can be coerced to provide support for those who are “living in a lonely island of poverty in the midst of a vast ocean of materials prosperity,” then A would have his right to freedom violated. If anytime that someone achieves material prosperity that individual becomes a target of the adjusters who would not accept his or her freedom to make use of it, then such an individual is not free in the first sense. To steal from Peter so as to provide for Paul does not support freedom but servitude.
It is much more sensible to attribute to Dr. King the more coherent view that if the freedom of individuals to do as they choose is properly respected and protected, they will be enjoying the first kind of freedom -- freedom from others’ intrusions -- and become capable of achieving freedom from poverty. Free men and women have generally been quite able to provide for themselves, perhaps with occasional voluntary help from their friends and neighbors. That is one of the lessons of history! It is entirely inappropriate to suggest that one person’s poverty authorizes others to take from those who have managed to achieve prosperity. I doubt that Martin Luther King Jr. didn’t grasp something so elementary -- it is an insult to his memory to believe that.
Instead what seems to be happening is that people who are aspiring to rule others are invoking his good name for their coercive purposes. It would be a shame if this were tolerated by all those who admire Dr. King for his championing of human liberty.
Tibor R. Machan
As I flew home across the country from NYC on January 16th, the holiday this year in honor of the birthday of Dr. Martin Luther King, Jr., I had the opportunity to watch several programs on television devoted to his legacy. I was especially struck by the fact that commentators -- for example Amy Goodman, the host and executive producer of Democracy Now!," a national, daily, independent, award-winning news program" -- keep imputing to him a welfare statism that seems not to have been part of his thinking. (I have no idea what Democracy Now! is independent of since all the programs on it evidence a distinct perspective, no less so that those on Fox TV.)
During the flight I managed, also, to listen again to the entire speech Dr. King gave in Alabama, on the day before he was assassinated, and what it was mostly about is freedom, not at all about welfare statism.
There are, admittedly, several senses of the term “freedom” in use. In particular there is negative and positive freedom. The former is strongly associated with the American political tradition -- spelled out, for example, in the Declaration of Independence and the Bill of Rights -- the latter with the ideas of FDR’s New Deal. The first means being free from the intrusions of other people, including government, however well intentioned; the second means being provided with support by others, including the government through its power of taking what belongs to one so as to hand to another. So one is free to do what one chooses to do if one is free in the first sense, while one is free from having to cover one’s various expenses in the second sense.
The free society as understood by classical liberals stresses the protection of the freedom of the citizenry with a suitably framed legal system, while the society fashioned by modern liberals stresses government's providing to people what they are said to need by way of confiscatory taxation for this purpose.
It seems to me that Dr. King was talking about the former kind of freedom, freedom from the oppressive acts of most whites toward most blacks, for example. Many of those who today wish to invoke his stature and ideas for their political purposes, however, are talking about the second kind of "freedom or liberty." That is the freedom, so called, that the welfare state is supposed to protect for people, at the expense of those whose resources are confiscated so as to achieve this goal. Yet there are many who insist that Dr. King had in mind the second type of freedom -- or perhaps that he believed in both. As one commentator put it, “On that day, Dr. King spoke of two types of freedom -- one from ‘the chains of discrimination’ and one from living on ‘a lonely island of poverty in the midst of a vast ocean of material prosperity.’ Somehow his first message has been taken to heart while his second has been forgotten.” (This is what John Fullerton, founder of Capital Institute, declared in his recent essay on Huff Post.)
The problem with attributing to MLK this two-pronged idea of freedom is that if it is correct, it makes his ideas incoherent. The first type of freedom just cannot co-exists with the second. If A can be coerced to provide support for those who are “living in a lonely island of poverty in the midst of a vast ocean of materials prosperity,” then A would have his right to freedom violated. If anytime that someone achieves material prosperity that individual becomes a target of the adjusters who would not accept his or her freedom to make use of it, then such an individual is not free in the first sense. To steal from Peter so as to provide for Paul does not support freedom but servitude.
It is much more sensible to attribute to Dr. King the more coherent view that if the freedom of individuals to do as they choose is properly respected and protected, they will be enjoying the first kind of freedom -- freedom from others’ intrusions -- and become capable of achieving freedom from poverty. Free men and women have generally been quite able to provide for themselves, perhaps with occasional voluntary help from their friends and neighbors. That is one of the lessons of history! It is entirely inappropriate to suggest that one person’s poverty authorizes others to take from those who have managed to achieve prosperity. I doubt that Martin Luther King Jr. didn’t grasp something so elementary -- it is an insult to his memory to believe that.
Instead what seems to be happening is that people who are aspiring to rule others are invoking his good name for their coercive purposes. It would be a shame if this were tolerated by all those who admire Dr. King for his championing of human liberty.
Monday, January 09, 2012
Anti-Abortion Murder
Tibor R. Machan
In Wichita a trial is under way in which Scott Roeder is charged with the murder of Dr. George R. Tiller. No disputing the charge that he did the killing and the only issue up for debate is whether the killing was murder or justifiable homicide.
The main line of argument in defense of Mr. Roeder is that Dr. Tiller himself is a murderer of children--60,000 of them as reported in The New York Times--and killing him was the only way to prevent further such murders. As The Times reports, “'George Tiller shed the blood of 60,000 innocent children,' Randall Terry, the founder of Operation Rescue, told reporters. Mr. Terry ... said that he was neither condoning nor condemning Mr. Roeder’s actions, but that people should remember the children."
So, then, the defense relies on the view that if there is injustice in a country, if the laws permit unjust acts to be committed, then citizens who want to remedy this may take the remedy they believe in into their own hands. I, for example, really, sincerely believe that taxation in official extortion by the government and all those who facilitate this extortion support or perform unjust acts. By the reasoning of the Roeder defense team, I would be legally justified in taking into my own hands the effort to remedy the injustice being committed by those complicit in taxation. If I felt the way to stop them all would be to blow up their office buildings or inflict serious injuries on tax collectors, I would have the legal authority to do this, according to the argument in support of Mr. Roeder. I should, in short, become a modern day Robin Hood--remember that Robin got money back from the taxers and returned it to the victims!
Never mind for now that the belief that abortion amounts to homicide, let alone to murder, is if not out and out false then at certainly highly debatable and mostly based on particular religious doctrine, something that has no place as the foundations of a secular legal system such as that of the USA. A human being is supposed to be a rational animal and prior to a certain stage of the development of the fetus only a potential human being exists since no cerebral cortex is present to make rationality possible. (The case becomes different with so called partial birth abortions--some of these may be homicide and even murder; some of them self-defense. The matter is not amenable to a simple discussion but even here taking the law into one's hands is very problematic.) The notion of an "unborn child" is a virtual oxymoron when most abortions occur--no child exists then. As if a caterpillar were an unborn butterfly!
But one need not enter the abortion controversy fully in order to consider Mr. Roeder a murderer. This is because in a civilized society even someone who has murdered another deserves due process--being arrested, brought to trial, convicted, and then sentenced to a particular punishment. Citizens only very rarely may avoid this process and take the law into their own hands and even then they need to follow some due process measures, such as making a citizen's arrest and bringing the alleged culprit to the legal system for prosecution. This is the crucial issue even for those who do agree that Dr. Tiller was guilty of injustices and needed to be brought to justice.
If you add to this the difficulties widely recognized about construing ordinary abortions as homicide, let alone murder, then what Mr. Roeder is charged with having done cannot be legally excused. No one has assigned him the job of administering justice in the state of Kansas. Just as someone who considers taxation outright extortion, as I do, still must proceed by following due process in the effort to stop the policy, so must anyone else who shares Mr. Roeder's beliefs.
There are circumstances, of course, when the government's failure to administer justice can serve as a justification for "taking the law into one's own hands," but these circumstances must come very close to those of totalitarian tyrannies where other methods of making changes in the legal system are completely unavailable. And when the matter is so thoroughly fraught with disputable allegations on all sides as is the legal right to have an abortion, then going slowly in making the needed changes, assuming they are needed, is especially necessary.
The reason there are courts of law and trials in civilized countries is that great care must be taken when someone is charged with a legally codified injustice; such an individual is deemed to deserve conviction by taking his or her liberty and even life in accordance with due process. A carefully laid out system, honed by years and years of legal precedence, serves the purpose of not turning the process into back alley jurisprudence or lynching. So even if the defense offered up by Mr. Roeder is plausible, it is unreasonable. Abortion is itself something highly debatable and no open an shut case of homicide by any means. Its debatability is due in part to the fact that the determination of the exact beginning of a human being--which is what the issue is in abortion, not whether human life is involved, which is very ambiguous--is a serious problem. This is not geometry, after all, but biology and ethics. One must not demand the same precision here as one can in that other, more formal, discipline, something against which Aristotle had warned some 2500 years ago.
Those who consider abortion homicide and even murder, are required to make their case in light of centuries of legal precedence that tilts against the idea. They need to defend their theologically based convictions about "unborn children," etc., without recourse to a particular religious viewpoint. Murder, for example, isn't wrong because God or the Bible or the Koran says so but because it is the intentional or negligent taking of an innocent human being's life and that rests on a secular understanding of what it is to be a human being, one that can be understood by people regardless of their religious alliance.
Tibor R. Machan
In Wichita a trial is under way in which Scott Roeder is charged with the murder of Dr. George R. Tiller. No disputing the charge that he did the killing and the only issue up for debate is whether the killing was murder or justifiable homicide.
The main line of argument in defense of Mr. Roeder is that Dr. Tiller himself is a murderer of children--60,000 of them as reported in The New York Times--and killing him was the only way to prevent further such murders. As The Times reports, “'George Tiller shed the blood of 60,000 innocent children,' Randall Terry, the founder of Operation Rescue, told reporters. Mr. Terry ... said that he was neither condoning nor condemning Mr. Roeder’s actions, but that people should remember the children."
So, then, the defense relies on the view that if there is injustice in a country, if the laws permit unjust acts to be committed, then citizens who want to remedy this may take the remedy they believe in into their own hands. I, for example, really, sincerely believe that taxation in official extortion by the government and all those who facilitate this extortion support or perform unjust acts. By the reasoning of the Roeder defense team, I would be legally justified in taking into my own hands the effort to remedy the injustice being committed by those complicit in taxation. If I felt the way to stop them all would be to blow up their office buildings or inflict serious injuries on tax collectors, I would have the legal authority to do this, according to the argument in support of Mr. Roeder. I should, in short, become a modern day Robin Hood--remember that Robin got money back from the taxers and returned it to the victims!
Never mind for now that the belief that abortion amounts to homicide, let alone to murder, is if not out and out false then at certainly highly debatable and mostly based on particular religious doctrine, something that has no place as the foundations of a secular legal system such as that of the USA. A human being is supposed to be a rational animal and prior to a certain stage of the development of the fetus only a potential human being exists since no cerebral cortex is present to make rationality possible. (The case becomes different with so called partial birth abortions--some of these may be homicide and even murder; some of them self-defense. The matter is not amenable to a simple discussion but even here taking the law into one's hands is very problematic.) The notion of an "unborn child" is a virtual oxymoron when most abortions occur--no child exists then. As if a caterpillar were an unborn butterfly!
But one need not enter the abortion controversy fully in order to consider Mr. Roeder a murderer. This is because in a civilized society even someone who has murdered another deserves due process--being arrested, brought to trial, convicted, and then sentenced to a particular punishment. Citizens only very rarely may avoid this process and take the law into their own hands and even then they need to follow some due process measures, such as making a citizen's arrest and bringing the alleged culprit to the legal system for prosecution. This is the crucial issue even for those who do agree that Dr. Tiller was guilty of injustices and needed to be brought to justice.
If you add to this the difficulties widely recognized about construing ordinary abortions as homicide, let alone murder, then what Mr. Roeder is charged with having done cannot be legally excused. No one has assigned him the job of administering justice in the state of Kansas. Just as someone who considers taxation outright extortion, as I do, still must proceed by following due process in the effort to stop the policy, so must anyone else who shares Mr. Roeder's beliefs.
There are circumstances, of course, when the government's failure to administer justice can serve as a justification for "taking the law into one's own hands," but these circumstances must come very close to those of totalitarian tyrannies where other methods of making changes in the legal system are completely unavailable. And when the matter is so thoroughly fraught with disputable allegations on all sides as is the legal right to have an abortion, then going slowly in making the needed changes, assuming they are needed, is especially necessary.
The reason there are courts of law and trials in civilized countries is that great care must be taken when someone is charged with a legally codified injustice; such an individual is deemed to deserve conviction by taking his or her liberty and even life in accordance with due process. A carefully laid out system, honed by years and years of legal precedence, serves the purpose of not turning the process into back alley jurisprudence or lynching. So even if the defense offered up by Mr. Roeder is plausible, it is unreasonable. Abortion is itself something highly debatable and no open an shut case of homicide by any means. Its debatability is due in part to the fact that the determination of the exact beginning of a human being--which is what the issue is in abortion, not whether human life is involved, which is very ambiguous--is a serious problem. This is not geometry, after all, but biology and ethics. One must not demand the same precision here as one can in that other, more formal, discipline, something against which Aristotle had warned some 2500 years ago.
Those who consider abortion homicide and even murder, are required to make their case in light of centuries of legal precedence that tilts against the idea. They need to defend their theologically based convictions about "unborn children," etc., without recourse to a particular religious viewpoint. Murder, for example, isn't wrong because God or the Bible or the Koran says so but because it is the intentional or negligent taking of an innocent human being's life and that rests on a secular understanding of what it is to be a human being, one that can be understood by people regardless of their religious alliance.
Wednesday, January 04, 2012
Ayn Rand & Murray Rothbard: Diverse Champions of Liberty
By Tibor R. Machan
No one should attempt to treat Ayn Rand and Murray N. Rothbard as uncomplicated and rather similar defenders of the free society although they have more in common than many believe. As just one example, neither was a hawk when it comes to deploying military power abroad. There is evidence, too, that both considered it imprudent for the US government to be entangled in international affairs, such as fighting dictators who were no threat to America. Even their lack of enthusiasm for entering WW II could be seen as quite similar.
And so far as their underlying philosophical positions are concerned, they both can be regarded as Aristotelians. In matters of economics they were unwavering supporters of the fully free market capitalist system, although while Rand didn’t find corporations per se objectionable, arguably Rothbard had some problems with corporate commerce, especially as it manifest itself in the 20th century. One sphere in which they took very different positions, at least at first glance, is whether government is a bona fide feature of a genuinely free country. Rand thought it is, Rothbard thought it wasn’t. Yet the reason Rothbard opposed government was that it depended on taxation, something Rand also opposed, so even here where the difference between them appears to be quite stark, they were closer than one might think.
When intellectuals such as Rand and Rothbard have roughly the same political-economic position, it isn’t that surprising that they and their followers would stress the difference between them instead of the similarities. Moreover, in this case both had a similar explosive personality, with powerful likes and dislikes not just in fundamentals but also in what may legitimately be considered incidentals--music, poetry, novels, movies and so forth.
Yet what for Rothbard might be something tangential, even incidental, to his political economic thought, for Rand could be considered more germane since Rand thought of herself--and many think of her--as a philosopher (roughly of the rank of a Herbert Spencer or Auguste Comte). Rothbard wrote little in the sphere of metaphysics and epistemology, although he was well informed in these branches of philosophy, while Rand chimed in, quite directly, on several philosophical issues, having written what amounts to a rather nuanced long philosophical essay on epistemology and advanced ideas in metaphysics, such as on free will, causality, and the nature of universals. Her followers, such as Nathaniel Bradnen, Leonard Peikoff, Tara Smith, Alan Gotthelf, James Lennox, and David Kelley, among others, have all made contributions to serious discussions in various branches of philosophy.
The central dispute, however, between Rothbard and his followers and Rand and hers focuses, as I have already noted, on whether a free country would have a government. The debate is moved forward in the volume edited by Roderick Long and me, Anarchism versus Minarchism; Is Government Part of a Free County (Ashgate, 2006).
Even apart from their disagreement about the justifiability of government in a bona fide free country, there is the difference between them about the subjectivity of (some) values. Rothbard holds, for example, that "’distribution’ is simply the result of the free exchange process, and since this process benefits all participants on the market and increases social utility, it follows directly that the ‘distributional’ results of the free market also increase social utility.” The part here that shows the difference between Rothbard and Rand is where Rothbard says that the “free exchange process … benefits all participants on the market.” Maybe most of them benefit in such exchanges do but some do not. Suppose someone exchanges five ounces of crack cocaine for an ounce of heroin. Arguably, at least as Ayn Rand would very likely maintain, neither of these traders gains a benefit in this exchange, assuming that both commodities being trade are objectively harmful to the traders’ health. Both are, then, harmed, objectively speaking, even if they believed they would benefit.
This may be a minor matter but it isn’t, not at least if Rothbard’s idea is generalized to apply to all market exchanges. True, from a purely economic viewpoint both parties in free exchanges tend to take it or believe that they are benefited by these. But this belief could well be false.
Now of course Rand would agree with Rothbard that just because people engage in trade that’s harmful to them, it doesn’t follow that anyone, least of all the government, is authorized to ban such trade or otherwise interfere with it. Such matters as what may or may not harm free market traders from the trades they choose to engage in are supposed to be dealt with in the private sector. Family, friends, doctors, nurses, et al., or other agents devoted to advising people what they should and should not do are the only ones who may launch peaceful educational or advisory measures to remedy the private misjudgments and misconduct of peaceful market participants. Such an approach sees public policies such as the war on drugs as entirely unjustified even if consuming many drugs is objectively damaging to those doing so.
In any case, the Randian view doesn’t assume that all free trade benefits those embarking on them. Let me, however, return to the major bone of contention between Murray Rothbard and Ayn Rand, namely, whether government is (or could be) part of a free country. Given that Rothbard believes government cannot exists without deploying the rights-violating policy of taxation, his view is understandable but the underlying assumption that gives rise to it is questionable. Rand did indeed question it in her discussion of funding government in the chapter “Government Financing in a Free society” in The Virtue of Selfishness, at least by implication, when she argued that government can be financed without taxation. If she is correct, then Rothbard or his followers need to mount a different attack on the idea that the free society can have a government. (And some have indeed made this argument, including me in, for example, my “Anarchism and Minarchism, A Rapprochement,” Journal des Economists et des Estudes Humaines, Vol. 14, No. 4 [December 2002], 569-588.)
Rand proposed that instead of taxation, which involves the rights-violating policy of confiscation of private property, a government could be funded by way of a contract fee, a lottery, or some other peaceful method. Whether this is so cannot be addressed here but it shows that Rand and Rothbard were not very distant from each other on the issue of the justifiability of government in a free country. Perhaps the term “government” is ill advised when applied to whatever kind of law-enforcement institution would be involved in bona fide free countries. But this is not what’s crucial--a rose by any other name is still a rose and a law-enforcement, judicial or defense agency in a free society is what is at issue here, not what term is used to call it. So, again, Rand and Rothbard seem closer than usually believed.
Yet it’s not just about taxation for many who follow Rothbard. Most also hold that the idea is mistaken that government--or whatever it is called--needs to serve a society occupying a continuous instead instead of Swiss cheese like region. The idea of a disparately located country, without a continuous territory and with the possibility of all parts being accessible by law enforcers without the need of international treaties, makes sense to Rothbardians. Not, however, to Randians, it can be argued, not unless the familiar science fiction transportation option of being “beamed up” from one area to anther (so that law enforcement can reach all those within its jurisdiction) is available. Otherwise enforcement of the law can be easily evaded by criminals.
Again, this isn’t the place to resolve the dispute between Rand & her followers and Rothbard and his. This brief discussion should, however, indicate where their differences lie. It doesn’t at all explain, however, why the different parties to the debate tend often to be quite acrimonious toward each other. What may explain this, though, is a simple point of psychology. Nearly all champions of a fully free, libertarian society are also avid individualists and often tend to insist on what might be called the policy: My way or the highway! Even when their differences don’t warrant it.
By Tibor R. Machan
No one should attempt to treat Ayn Rand and Murray N. Rothbard as uncomplicated and rather similar defenders of the free society although they have more in common than many believe. As just one example, neither was a hawk when it comes to deploying military power abroad. There is evidence, too, that both considered it imprudent for the US government to be entangled in international affairs, such as fighting dictators who were no threat to America. Even their lack of enthusiasm for entering WW II could be seen as quite similar.
And so far as their underlying philosophical positions are concerned, they both can be regarded as Aristotelians. In matters of economics they were unwavering supporters of the fully free market capitalist system, although while Rand didn’t find corporations per se objectionable, arguably Rothbard had some problems with corporate commerce, especially as it manifest itself in the 20th century. One sphere in which they took very different positions, at least at first glance, is whether government is a bona fide feature of a genuinely free country. Rand thought it is, Rothbard thought it wasn’t. Yet the reason Rothbard opposed government was that it depended on taxation, something Rand also opposed, so even here where the difference between them appears to be quite stark, they were closer than one might think.
When intellectuals such as Rand and Rothbard have roughly the same political-economic position, it isn’t that surprising that they and their followers would stress the difference between them instead of the similarities. Moreover, in this case both had a similar explosive personality, with powerful likes and dislikes not just in fundamentals but also in what may legitimately be considered incidentals--music, poetry, novels, movies and so forth.
Yet what for Rothbard might be something tangential, even incidental, to his political economic thought, for Rand could be considered more germane since Rand thought of herself--and many think of her--as a philosopher (roughly of the rank of a Herbert Spencer or Auguste Comte). Rothbard wrote little in the sphere of metaphysics and epistemology, although he was well informed in these branches of philosophy, while Rand chimed in, quite directly, on several philosophical issues, having written what amounts to a rather nuanced long philosophical essay on epistemology and advanced ideas in metaphysics, such as on free will, causality, and the nature of universals. Her followers, such as Nathaniel Bradnen, Leonard Peikoff, Tara Smith, Alan Gotthelf, James Lennox, and David Kelley, among others, have all made contributions to serious discussions in various branches of philosophy.
The central dispute, however, between Rothbard and his followers and Rand and hers focuses, as I have already noted, on whether a free country would have a government. The debate is moved forward in the volume edited by Roderick Long and me, Anarchism versus Minarchism; Is Government Part of a Free County (Ashgate, 2006).
Even apart from their disagreement about the justifiability of government in a bona fide free country, there is the difference between them about the subjectivity of (some) values. Rothbard holds, for example, that "’distribution’ is simply the result of the free exchange process, and since this process benefits all participants on the market and increases social utility, it follows directly that the ‘distributional’ results of the free market also increase social utility.” The part here that shows the difference between Rothbard and Rand is where Rothbard says that the “free exchange process … benefits all participants on the market.” Maybe most of them benefit in such exchanges do but some do not. Suppose someone exchanges five ounces of crack cocaine for an ounce of heroin. Arguably, at least as Ayn Rand would very likely maintain, neither of these traders gains a benefit in this exchange, assuming that both commodities being trade are objectively harmful to the traders’ health. Both are, then, harmed, objectively speaking, even if they believed they would benefit.
This may be a minor matter but it isn’t, not at least if Rothbard’s idea is generalized to apply to all market exchanges. True, from a purely economic viewpoint both parties in free exchanges tend to take it or believe that they are benefited by these. But this belief could well be false.
Now of course Rand would agree with Rothbard that just because people engage in trade that’s harmful to them, it doesn’t follow that anyone, least of all the government, is authorized to ban such trade or otherwise interfere with it. Such matters as what may or may not harm free market traders from the trades they choose to engage in are supposed to be dealt with in the private sector. Family, friends, doctors, nurses, et al., or other agents devoted to advising people what they should and should not do are the only ones who may launch peaceful educational or advisory measures to remedy the private misjudgments and misconduct of peaceful market participants. Such an approach sees public policies such as the war on drugs as entirely unjustified even if consuming many drugs is objectively damaging to those doing so.
In any case, the Randian view doesn’t assume that all free trade benefits those embarking on them. Let me, however, return to the major bone of contention between Murray Rothbard and Ayn Rand, namely, whether government is (or could be) part of a free country. Given that Rothbard believes government cannot exists without deploying the rights-violating policy of taxation, his view is understandable but the underlying assumption that gives rise to it is questionable. Rand did indeed question it in her discussion of funding government in the chapter “Government Financing in a Free society” in The Virtue of Selfishness, at least by implication, when she argued that government can be financed without taxation. If she is correct, then Rothbard or his followers need to mount a different attack on the idea that the free society can have a government. (And some have indeed made this argument, including me in, for example, my “Anarchism and Minarchism, A Rapprochement,” Journal des Economists et des Estudes Humaines, Vol. 14, No. 4 [December 2002], 569-588.)
Rand proposed that instead of taxation, which involves the rights-violating policy of confiscation of private property, a government could be funded by way of a contract fee, a lottery, or some other peaceful method. Whether this is so cannot be addressed here but it shows that Rand and Rothbard were not very distant from each other on the issue of the justifiability of government in a free country. Perhaps the term “government” is ill advised when applied to whatever kind of law-enforcement institution would be involved in bona fide free countries. But this is not what’s crucial--a rose by any other name is still a rose and a law-enforcement, judicial or defense agency in a free society is what is at issue here, not what term is used to call it. So, again, Rand and Rothbard seem closer than usually believed.
Yet it’s not just about taxation for many who follow Rothbard. Most also hold that the idea is mistaken that government--or whatever it is called--needs to serve a society occupying a continuous instead instead of Swiss cheese like region. The idea of a disparately located country, without a continuous territory and with the possibility of all parts being accessible by law enforcers without the need of international treaties, makes sense to Rothbardians. Not, however, to Randians, it can be argued, not unless the familiar science fiction transportation option of being “beamed up” from one area to anther (so that law enforcement can reach all those within its jurisdiction) is available. Otherwise enforcement of the law can be easily evaded by criminals.
Again, this isn’t the place to resolve the dispute between Rand & her followers and Rothbard and his. This brief discussion should, however, indicate where their differences lie. It doesn’t at all explain, however, why the different parties to the debate tend often to be quite acrimonious toward each other. What may explain this, though, is a simple point of psychology. Nearly all champions of a fully free, libertarian society are also avid individualists and often tend to insist on what might be called the policy: My way or the highway! Even when their differences don’t warrant it.
Monday, January 02, 2012
Cuba Awakes?
Tibor R. Machan
Cuba’s fate over the last half a century has been disastrous, although before that the island wasn’t a Caribbean paradise either. US government policies haven’t made it easier for Cubans to escape their misery since instead of opening up the routes of free trade, the US has mostly chosen to issue penalties against the country, never mind that Cuba has done little against the USA per se to deserve most of it.
The Cold War, of course, brought forth some insane policies from many participants. One of the worst was to harden loyalties to some really insane political economic ideas, if for no other reason than sheer spite. That is to be expected from a petty tyrant like Fidel Castro--whose system was about a far from socialism, let alone communism, as was Gaddafi's. But that the US kept a policy of relentless exclusion of everything Cuban wherever it had any influence is a great shame. It is one thing to recognize a tyranny for what it is, quite another to adopt its policies tit for tat.
But all this seems to be winding down considerably now. The BBC reported back on December 20th, 2011, that Cuba is now expanding outright free market reforms across the country. Ironically, and tragically for Americans, all this is happening while in America the elites--including political leaders and their cheerleaders in the academy--are pushing for greater and greater statism on nearly all fronts. Raul Castro, Fidel’s brother and the country’s current ruler, seems to realize that moving Cuba in the direction of a free market, capitalist economic system is good for Cubans. As the BBC reported, “His government plans to have up to 40% of the workforce employed by the non-state sector by 2016, compared with just 10% at the end of 2010.”
One reason Cuba didn’t immediately join the Soviet bloc countries in abandoning its ubiquitous socialist policies is that as an outpost of Soviet style socialism, it was too wedded to all that central planning and also simply too stubborn to make the right move. Nothing is as irrational as the ego of a dictator since service to the citizenry is not in his job description. But just as in personal relations holding a grudge is usually injurious to those who harbor that attitude, so it is with Cuba’s stubbornness. And it seems that Raul Castro has realized this and persuaded Fidel to give it up finally.
So reportedly “for the first time in decades people are allowed to buy and sell homes and cars and take out private business loans from banks.” (Sadly the term “allowed” is still appropriate as a way to characterize the relationship between government and the citizenry, just as in contemporary China! Maybe in time Cubans will begin to question how it is that their government sees itself as permitting them to do what they choose to do!) It looks like the entire country is following in the footsteps of barber shops and beauty salons which were recently removed from state control and handed to employees. As the BBC put it, they now “work for themselves”! Sadly, though, they are still following the lead of welfare states or mixed economies, wherein governments are regarded as proprietors instead of referees! (That is, by the way, where the modern welfare and, of course, socialist state demonstrates just how reactionary those systems are, following the pattern of monarchies wherein the king was taken to own the country, including the people in it!)
Anyway, I came to praise Cuba today, not to lament that its progress toward the free society is halting and incomplete. After all, there is no country anywhere which has gone completely free!
But the fact that Cuba is emerging from its socialist dark age should be cause for celebration. Maybe, as some have suggested, it will be the former Soviet bloc countries that will take over the leadership toward a genuinely free society, with others like the USA regressing toward more and more statism. Who knows, maybe even North Korea will in time come around.
Tibor R. Machan
Cuba’s fate over the last half a century has been disastrous, although before that the island wasn’t a Caribbean paradise either. US government policies haven’t made it easier for Cubans to escape their misery since instead of opening up the routes of free trade, the US has mostly chosen to issue penalties against the country, never mind that Cuba has done little against the USA per se to deserve most of it.
The Cold War, of course, brought forth some insane policies from many participants. One of the worst was to harden loyalties to some really insane political economic ideas, if for no other reason than sheer spite. That is to be expected from a petty tyrant like Fidel Castro--whose system was about a far from socialism, let alone communism, as was Gaddafi's. But that the US kept a policy of relentless exclusion of everything Cuban wherever it had any influence is a great shame. It is one thing to recognize a tyranny for what it is, quite another to adopt its policies tit for tat.
But all this seems to be winding down considerably now. The BBC reported back on December 20th, 2011, that Cuba is now expanding outright free market reforms across the country. Ironically, and tragically for Americans, all this is happening while in America the elites--including political leaders and their cheerleaders in the academy--are pushing for greater and greater statism on nearly all fronts. Raul Castro, Fidel’s brother and the country’s current ruler, seems to realize that moving Cuba in the direction of a free market, capitalist economic system is good for Cubans. As the BBC reported, “His government plans to have up to 40% of the workforce employed by the non-state sector by 2016, compared with just 10% at the end of 2010.”
One reason Cuba didn’t immediately join the Soviet bloc countries in abandoning its ubiquitous socialist policies is that as an outpost of Soviet style socialism, it was too wedded to all that central planning and also simply too stubborn to make the right move. Nothing is as irrational as the ego of a dictator since service to the citizenry is not in his job description. But just as in personal relations holding a grudge is usually injurious to those who harbor that attitude, so it is with Cuba’s stubbornness. And it seems that Raul Castro has realized this and persuaded Fidel to give it up finally.
So reportedly “for the first time in decades people are allowed to buy and sell homes and cars and take out private business loans from banks.” (Sadly the term “allowed” is still appropriate as a way to characterize the relationship between government and the citizenry, just as in contemporary China! Maybe in time Cubans will begin to question how it is that their government sees itself as permitting them to do what they choose to do!) It looks like the entire country is following in the footsteps of barber shops and beauty salons which were recently removed from state control and handed to employees. As the BBC put it, they now “work for themselves”! Sadly, though, they are still following the lead of welfare states or mixed economies, wherein governments are regarded as proprietors instead of referees! (That is, by the way, where the modern welfare and, of course, socialist state demonstrates just how reactionary those systems are, following the pattern of monarchies wherein the king was taken to own the country, including the people in it!)
Anyway, I came to praise Cuba today, not to lament that its progress toward the free society is halting and incomplete. After all, there is no country anywhere which has gone completely free!
But the fact that Cuba is emerging from its socialist dark age should be cause for celebration. Maybe, as some have suggested, it will be the former Soviet bloc countries that will take over the leadership toward a genuinely free society, with others like the USA regressing toward more and more statism. Who knows, maybe even North Korea will in time come around.
Saturday, December 31, 2011
So what’s Wrong with That?
Tibor R. Machan
So there is now concern by some so called journalists that “in his 1987 manifesto ‘Freedom Under Siege: The U.S. Constitution after 200-Plus Years,’ Presidential hopeful Ron Paul wrote that AIDS patients were victims of their own lifestyle, questioned the rights of minorities and argued that people who are sexually harassed at work should quit their jobs.” Of these only the last could be objected to on rational grounds and only if the harassment involved coercion. Thus if some colleague happened to place an objectionable picture on his office wall, a picture that others do not have to look at and can easily avoid, that would be a matter of office privacy unless the firm had a policy against it. There is no universal right to be free of annoying colleagues.
Arguably, though probably not in all cases, AIDS patients did invite their illness through risky activities they choose to engage in. At most Paul was exaggerating: some AIDS patients become infected from blood transfusions for which a hospital or medical office, not the patients, in responsible. In most instances it is probably true that AIDS patients are more like those who experience motorcycle or mountain climbing mishaps; they took on risks that landed them in medical trouble, something we all do now and then as we move through a risk infested life.
As to “the rights of minorities,” Paul is entirely correct. Minorities as a group have no rights. No group has rights, only individuals do. Members of minorities do, of course, have rights and when these are violated, it is the function of the government of a free society to secure them, just as the Declaration of Independence makes clear. Arguably no one has the right to have government mandate affirmative action in his or her behalf. Such a policy needs to be achieved by way of employment contracts, not legislation. More to the point, the whole matter of such mandates is open to serious dispute and should be perfectly acceptable as a subject of political debate.
These complaints against Ron Paul demonstrate a total failure to understand what democratic politics is about, namely, debating public policy. No such policy is sacrosanct apart from the commitment to the philosophy of the Declaration and the Bill of Rights and to constant debate. Just as many liberal democrats disagree with the War on Drugs and free trade measures and are willing to challenge these in public discussions, so libertarians have their list of public policies they want to challenge and change.
Reporters who express shock with Ron Paul’s positions should realize that in a democracy innumerable matters are up for debate, including the right to an abortion, to assisted suicide, minimum wage laws, undeclared wars in Libya or elsewhere. Ron Paul, just as any other candidate, may be open to criticism for the side he takes on any of these issues but it is a complete misunderstanding of the nature of political debate to consider simply holding views with which others disagree as something objectionable. What do these people want, anyway? Do they expect that elections will be about what spices should one use when baking a turkey or colors to decorate one’s garden?
The pretended outrage with Paul’s positions of several decade ago also fails to allow for any nuance in his libertarian stance, or indeed for some change in his political views. Why is this objectionable about Paul but not about Romney or Gingrich? It shouldn’t be about anyone who has a long time ago professed to hold views that he or she no longer considers sound. It is especially hypocritical to object when so many journalists are rank radical pragmatists, like Paul Krugman and President Obama, people who proudly reject principled thinking about anything.
Moreover, when journalists get into the fray and start championing the views of some of the candidates they cover, there is no longer any integrity to what they are doing; indeed, their journalism is seriously corrupted. This is why so many in America have a negative attitude toward the media--to many of these folks put themselves up high as if someone appointed judges and juries of public debate. They should, instead, keep their political opinions to themselves as they carry out their work, just as doctors, teachers, and others should.
Tibor R. Machan
So there is now concern by some so called journalists that “in his 1987 manifesto ‘Freedom Under Siege: The U.S. Constitution after 200-Plus Years,’ Presidential hopeful Ron Paul wrote that AIDS patients were victims of their own lifestyle, questioned the rights of minorities and argued that people who are sexually harassed at work should quit their jobs.” Of these only the last could be objected to on rational grounds and only if the harassment involved coercion. Thus if some colleague happened to place an objectionable picture on his office wall, a picture that others do not have to look at and can easily avoid, that would be a matter of office privacy unless the firm had a policy against it. There is no universal right to be free of annoying colleagues.
Arguably, though probably not in all cases, AIDS patients did invite their illness through risky activities they choose to engage in. At most Paul was exaggerating: some AIDS patients become infected from blood transfusions for which a hospital or medical office, not the patients, in responsible. In most instances it is probably true that AIDS patients are more like those who experience motorcycle or mountain climbing mishaps; they took on risks that landed them in medical trouble, something we all do now and then as we move through a risk infested life.
As to “the rights of minorities,” Paul is entirely correct. Minorities as a group have no rights. No group has rights, only individuals do. Members of minorities do, of course, have rights and when these are violated, it is the function of the government of a free society to secure them, just as the Declaration of Independence makes clear. Arguably no one has the right to have government mandate affirmative action in his or her behalf. Such a policy needs to be achieved by way of employment contracts, not legislation. More to the point, the whole matter of such mandates is open to serious dispute and should be perfectly acceptable as a subject of political debate.
These complaints against Ron Paul demonstrate a total failure to understand what democratic politics is about, namely, debating public policy. No such policy is sacrosanct apart from the commitment to the philosophy of the Declaration and the Bill of Rights and to constant debate. Just as many liberal democrats disagree with the War on Drugs and free trade measures and are willing to challenge these in public discussions, so libertarians have their list of public policies they want to challenge and change.
Reporters who express shock with Ron Paul’s positions should realize that in a democracy innumerable matters are up for debate, including the right to an abortion, to assisted suicide, minimum wage laws, undeclared wars in Libya or elsewhere. Ron Paul, just as any other candidate, may be open to criticism for the side he takes on any of these issues but it is a complete misunderstanding of the nature of political debate to consider simply holding views with which others disagree as something objectionable. What do these people want, anyway? Do they expect that elections will be about what spices should one use when baking a turkey or colors to decorate one’s garden?
The pretended outrage with Paul’s positions of several decade ago also fails to allow for any nuance in his libertarian stance, or indeed for some change in his political views. Why is this objectionable about Paul but not about Romney or Gingrich? It shouldn’t be about anyone who has a long time ago professed to hold views that he or she no longer considers sound. It is especially hypocritical to object when so many journalists are rank radical pragmatists, like Paul Krugman and President Obama, people who proudly reject principled thinking about anything.
Moreover, when journalists get into the fray and start championing the views of some of the candidates they cover, there is no longer any integrity to what they are doing; indeed, their journalism is seriously corrupted. This is why so many in America have a negative attitude toward the media--to many of these folks put themselves up high as if someone appointed judges and juries of public debate. They should, instead, keep their political opinions to themselves as they carry out their work, just as doctors, teachers, and others should.
Thursday, December 29, 2011
Sobbing for Dictators!
Tibor R. Machan
As the BBC reported, the late North Korean dictator Kim Jong-il was provided with mass marches throughout the country in mourning of his recent death. As the thousands were shown on TV, they did what is routine on such occasions in countries with absolute rulers. The people gyrate and undulate and holler, supposedly expressing their earnest grief, although it is remarkable that no tears were in evidence from any participants.
These sort of mass exhibitions are not confined to mourning. They also occur during what are supposed to be celebrations of anniversaries, holidays, etc. Because North Korean officials forbid any visits from foreign journalists, it is difficult to get reliable information from the country, including about these mass events. When television footage is shown outside the country, reporters only have the pictures produced by the lackeys of the regime inside.
One way to obtain reasonably accurate news of what is happening is to consult with refugees who have taken part in these kinds of demonstrations in the past. Since, however, such refugees are mostly highly critical of the regime and the rulers, it can be claimed that they will be biased and that they have a stake in giving false reports.
I was personally part of such demonstration during the era of Joseph Stalin, when he cam to visit Budapest in the early 1950s. Thousands of young people were take out of school and ordered to join the mass demonstrations that Hungary’s puppet government was required to organize for the Soviet dictator. We were ordered to get into our Young Pioneer uniforms -- white shirt with red scarves -- and gather at Budapest’s Hero's Plaza and shout at the top of our voices “Our Dear Father Stalin” for as long as the parade lasted (except when a speech was given). And at the end we were all counted up so the officials could divide those of us who attended from those who were absent since the latter would be penalized, mainly by docking their grades in school. What happened to adults I do not know although we heard that they were often physically beaten for missing such demonstrations.
The inference that all of this was a charade is impossible to avoid. No kid I knew wanted to be there for most of a weekend’s day; very few I was aware of wanted to exhibit joy at Stalin’s presence in the country. It was all done out of fear except perhaps by a very small percentage of dedicated communists. (And by the way, the political system of communism was itself betrayed at these events and throughout the history of these Soviet puppet regimes since such a system would not have a dictator but would be a massive commune! That’s true for North Korea, Cuba and any other such society.)
The dishonesty surrounding all of this is well illustrated by the terms being applied to the rulers, such as “Supreme Leader” and “Our Dear Father,” let alone by the utterly artificial expression of emotions, good or bad. There are -- and have always been -- quite a few societies in which the population is coerced into various gestures shown at mass demonstrations, for example for the rulers and the regime or against foreign critics. It is something of a mystery to me how so many people can be induced to take part in these dishonest mass gestures and, indeed, in decades of compliance with the ruler’s orders. For us the biggest incentive was that in our midst there were always people who were lurking about taking down information about those of us who showed any sort of reluctance or rebellion so they could gain favor by making their reports. Since these regimes do not only punish the non-compliant or rebellious but also members of their extended families and friends, the show of resistance wouldn’t only have bad consequences for the perpetrators but many others and hardly anyone wanted to be the cause of such grief and gross injustice.
Making friends with people who rule these countries, as some suggest, is out of the question for anyone with even an ounce of decency. If one must deal with them, as diplomats often do, they have to be treated with utter formality so that no propaganda gains could be gotten for them from such associations.
Indeed, it seems to me that one line of education for diplomats who are required to deal with these dastards would be to learn just how most effectively refuse to show any kind of sanction of the ruler and their regimes while not encouraging the brutalization of their population.
Tibor R. Machan
As the BBC reported, the late North Korean dictator Kim Jong-il was provided with mass marches throughout the country in mourning of his recent death. As the thousands were shown on TV, they did what is routine on such occasions in countries with absolute rulers. The people gyrate and undulate and holler, supposedly expressing their earnest grief, although it is remarkable that no tears were in evidence from any participants.
These sort of mass exhibitions are not confined to mourning. They also occur during what are supposed to be celebrations of anniversaries, holidays, etc. Because North Korean officials forbid any visits from foreign journalists, it is difficult to get reliable information from the country, including about these mass events. When television footage is shown outside the country, reporters only have the pictures produced by the lackeys of the regime inside.
One way to obtain reasonably accurate news of what is happening is to consult with refugees who have taken part in these kinds of demonstrations in the past. Since, however, such refugees are mostly highly critical of the regime and the rulers, it can be claimed that they will be biased and that they have a stake in giving false reports.
I was personally part of such demonstration during the era of Joseph Stalin, when he cam to visit Budapest in the early 1950s. Thousands of young people were take out of school and ordered to join the mass demonstrations that Hungary’s puppet government was required to organize for the Soviet dictator. We were ordered to get into our Young Pioneer uniforms -- white shirt with red scarves -- and gather at Budapest’s Hero's Plaza and shout at the top of our voices “Our Dear Father Stalin” for as long as the parade lasted (except when a speech was given). And at the end we were all counted up so the officials could divide those of us who attended from those who were absent since the latter would be penalized, mainly by docking their grades in school. What happened to adults I do not know although we heard that they were often physically beaten for missing such demonstrations.
The inference that all of this was a charade is impossible to avoid. No kid I knew wanted to be there for most of a weekend’s day; very few I was aware of wanted to exhibit joy at Stalin’s presence in the country. It was all done out of fear except perhaps by a very small percentage of dedicated communists. (And by the way, the political system of communism was itself betrayed at these events and throughout the history of these Soviet puppet regimes since such a system would not have a dictator but would be a massive commune! That’s true for North Korea, Cuba and any other such society.)
The dishonesty surrounding all of this is well illustrated by the terms being applied to the rulers, such as “Supreme Leader” and “Our Dear Father,” let alone by the utterly artificial expression of emotions, good or bad. There are -- and have always been -- quite a few societies in which the population is coerced into various gestures shown at mass demonstrations, for example for the rulers and the regime or against foreign critics. It is something of a mystery to me how so many people can be induced to take part in these dishonest mass gestures and, indeed, in decades of compliance with the ruler’s orders. For us the biggest incentive was that in our midst there were always people who were lurking about taking down information about those of us who showed any sort of reluctance or rebellion so they could gain favor by making their reports. Since these regimes do not only punish the non-compliant or rebellious but also members of their extended families and friends, the show of resistance wouldn’t only have bad consequences for the perpetrators but many others and hardly anyone wanted to be the cause of such grief and gross injustice.
Making friends with people who rule these countries, as some suggest, is out of the question for anyone with even an ounce of decency. If one must deal with them, as diplomats often do, they have to be treated with utter formality so that no propaganda gains could be gotten for them from such associations.
Indeed, it seems to me that one line of education for diplomats who are required to deal with these dastards would be to learn just how most effectively refuse to show any kind of sanction of the ruler and their regimes while not encouraging the brutalization of their population.
Tuesday, December 27, 2011
The BBC’s Sorry Journalism
Tibor R. Machan
The BBC recently published the following in a report about the Republican primary contest in Iowa: “Correspondents say a Ron Paul victory in Iowa would be a major embarrassment to the Republican party as many of his views are seen as too libertarian and isolationist. Mr. Paul would order a $1 trillion (£641bn) spending cut, eliminating a number of government agencies, including the Department of Education. He also proposes returning the dollar to a gold standard and cutting all foreign aid, including to Israel....”
“At a recent campaign stop in Iowa a breast cancer survivor began crying after he told her insurance companies should not have to cover those who are already sick, Reuters news agency reports….”
This passage is worth some attention if only because those of us who have sympathies toward Representative Paul’s libertarian politics should not duck out when opponents target him for criticism, be it fair or not. Let me start with the last bit, the treatment of a crying breast cancer survivor as a kind of “gotcha” device versus Paul. (And incidentally, who are those correspondents who say that Paul’s “victory would be a major embarrassment to the Republican party”? Let’s have some names her, some attributions, by BBC!)
Now we all have hopes and wishes that people will be helpful to and supportive of us, especially when we suffer from maladies or hazardous conditions we had no role in bringing about. Casualties of acts of nature do often deserve our sympathy and even help, unless they have been negligent in taking precautionary measures, such as saving up for health insurance. Even in cases when one has been negligent, often others overlook this and tend to be considerate beyond the call of duty, as it were.
Representative Paul and other libertarians are often first in line with offering private support to such people. The citizens of the US are often first in lending a hand to those who have been hit with natural disasters, like a tsunami or earthquake, and the essence of generosity is precisely that, offering private support and aid to those in need.
What Paul and libertarians in general object to is the coerced support given to those in need by governments are expropriate resources from the citizenry, take a sizable chunk of it for administrative expenses, and distribute the funds according to the lights of the politicians and bureaucrats. This kind of forcible distribution of others’ money is what libertarians are against as a matter of principle and Ron Paul is no exception. This does not at all make him or libertarians callous, heartless, cruel or anything of the kind, however much many claim this about them, ones to whom it seems to come very naturally to confiscate other people’s resources and do with it as they think they should. (I explain this in some detail in my book, Generosity, Virtue in Civil Society [1998].)
As to the cuts supported by Ron Paul, I would urge those who are going to give the matter some thought to consider, once again, that these cuts are an effort to eliminate or at least reduce the forcible taking by some people of the resources that belong to others and to which they have no right whatever. All charitable, helpful acts must be voluntary otherwise they have no moral merit whatsoever. Yes, there are some spurious arguments claiming that out good behavior may, indeed must, be imposed upon us by wiser and more virtuous people than we are but it is just a ruse. No one can make other people moral except by example!
This also applied to foreign aid, be it to Israel or Mongolia. People abroad aren’t entitled to the property of Americans or anyone else who has not voluntarily given it to them. Israel is no exception!
Unfortunately this line of thinking is rarely if every presented to readers in an accurate way so they could consider it without bias. Instead journalists have a dogmatic commitment to the coercion involved in government support for the needy, failing to even mention that kind of thinking summarized above and making it appear that those who do share it are monsters.
Lost of people also mistakenly identify the coercive taking of people resources with Robin Hoodism but in fact Robin Hood took back from the tax takers what they forcibly took for the those whom they victimized. The proper approach to seeing people in need is to mount a serious, voluntary effort to secure support for them, starting with one’s own, not to advocate taking from them what belongs to them and what only they have the rightful authority to give away.
Now in a messy world it is very difficult to be principled and trying to be usually brings on the charge of being an ideologue, a blind adherent to simplistic ideas. But in fact it shows integrity, nothing less! And it is time that politicians show some of it because without integrity the game is up anyway--trust, honesty, responsibility and all such virtue go out the window, never mind simple, honest generosity.
Tibor R. Machan
The BBC recently published the following in a report about the Republican primary contest in Iowa: “Correspondents say a Ron Paul victory in Iowa would be a major embarrassment to the Republican party as many of his views are seen as too libertarian and isolationist. Mr. Paul would order a $1 trillion (£641bn) spending cut, eliminating a number of government agencies, including the Department of Education. He also proposes returning the dollar to a gold standard and cutting all foreign aid, including to Israel....”
“At a recent campaign stop in Iowa a breast cancer survivor began crying after he told her insurance companies should not have to cover those who are already sick, Reuters news agency reports….”
This passage is worth some attention if only because those of us who have sympathies toward Representative Paul’s libertarian politics should not duck out when opponents target him for criticism, be it fair or not. Let me start with the last bit, the treatment of a crying breast cancer survivor as a kind of “gotcha” device versus Paul. (And incidentally, who are those correspondents who say that Paul’s “victory would be a major embarrassment to the Republican party”? Let’s have some names her, some attributions, by BBC!)
Now we all have hopes and wishes that people will be helpful to and supportive of us, especially when we suffer from maladies or hazardous conditions we had no role in bringing about. Casualties of acts of nature do often deserve our sympathy and even help, unless they have been negligent in taking precautionary measures, such as saving up for health insurance. Even in cases when one has been negligent, often others overlook this and tend to be considerate beyond the call of duty, as it were.
Representative Paul and other libertarians are often first in line with offering private support to such people. The citizens of the US are often first in lending a hand to those who have been hit with natural disasters, like a tsunami or earthquake, and the essence of generosity is precisely that, offering private support and aid to those in need.
What Paul and libertarians in general object to is the coerced support given to those in need by governments are expropriate resources from the citizenry, take a sizable chunk of it for administrative expenses, and distribute the funds according to the lights of the politicians and bureaucrats. This kind of forcible distribution of others’ money is what libertarians are against as a matter of principle and Ron Paul is no exception. This does not at all make him or libertarians callous, heartless, cruel or anything of the kind, however much many claim this about them, ones to whom it seems to come very naturally to confiscate other people’s resources and do with it as they think they should. (I explain this in some detail in my book, Generosity, Virtue in Civil Society [1998].)
As to the cuts supported by Ron Paul, I would urge those who are going to give the matter some thought to consider, once again, that these cuts are an effort to eliminate or at least reduce the forcible taking by some people of the resources that belong to others and to which they have no right whatever. All charitable, helpful acts must be voluntary otherwise they have no moral merit whatsoever. Yes, there are some spurious arguments claiming that out good behavior may, indeed must, be imposed upon us by wiser and more virtuous people than we are but it is just a ruse. No one can make other people moral except by example!
This also applied to foreign aid, be it to Israel or Mongolia. People abroad aren’t entitled to the property of Americans or anyone else who has not voluntarily given it to them. Israel is no exception!
Unfortunately this line of thinking is rarely if every presented to readers in an accurate way so they could consider it without bias. Instead journalists have a dogmatic commitment to the coercion involved in government support for the needy, failing to even mention that kind of thinking summarized above and making it appear that those who do share it are monsters.
Lost of people also mistakenly identify the coercive taking of people resources with Robin Hoodism but in fact Robin Hood took back from the tax takers what they forcibly took for the those whom they victimized. The proper approach to seeing people in need is to mount a serious, voluntary effort to secure support for them, starting with one’s own, not to advocate taking from them what belongs to them and what only they have the rightful authority to give away.
Now in a messy world it is very difficult to be principled and trying to be usually brings on the charge of being an ideologue, a blind adherent to simplistic ideas. But in fact it shows integrity, nothing less! And it is time that politicians show some of it because without integrity the game is up anyway--trust, honesty, responsibility and all such virtue go out the window, never mind simple, honest generosity.
Friday, December 23, 2011
Machan’s Archives: Libertarianism and Americanism
Tibor R. Machan
Given that in the main the American political system is still the closest to protecting varieties of individual liberty—regarding speech, commerce, religion, due process, etc.—most of those who peddle political ideas want to hitch their wagon to the ideas of the American Founders. Socialists, conservatives, populists, agrarians and even communists have laid claim to being the proper carriers of the American political flag. Libertarians, of course, are no different. They hold that it is their political philosophy that most fully realizes the vision first put into practice by the American Founders and Framers. And with their current role in America's political life, it would be useful to see if they or the others are right.
Why would a socialist think the same thing? Or a conservative or populist, let alone a communist?
Socialists tend to believe that the American Founders advocated egalitarianism, first and foremost. They focus on the paramount idea in that document that “all men are created equal.” Conservatives, in turn, consider their position to be validated by the Founders and Framers in light of how they derived their political theory from a study of history and the thoughts of numerous influential political philosophers and theorists. This confirms the conservative notion that to do nation building properly, one must consult tradition, history and custom, not concoct ideas and ideals de novo. Populists, of course, focus on the democratic elements of the American political tradition, those that relate to how every citizen has a right to influence public policy. Never mind the limits imposed by, say, the Bill of Rights. What counts is mass participation, the “will of the people.” Agrarians will insist that Jefferson & Co., were mostly promoting the special interest of the landed gentry. And communists will argue that the American system is simply a historical precursor to the ideal community in which a nation becomes a family of equals.
Libertarians, however, point out that the Founders had a more realistic but also optimistic view of human community life than these other advocates do. They hold that listing the basic unalienable rights of every human being serves as a clear reminder of the radical insight that no one has the proper authority to impose his or her agenda upon others however much these others may mismanage their lives, even threaten some desirable features of culture. The political task is to secure the basic rights of all citizens. Everything else must be achieved without resort to the main instrument of public policy, namely, coercive force. As the libertarian insists, initiating force against others even for purposes that are quite admirable just cannot be reconciled with a proper standard of justice. That standard, which is actually the first ingredient of civilized life, is to interact with one’s fellows voluntarily, even as one disagrees with them, even if they are recalcitrant, even if they act indecently themselves but they remain peaceful, respect for of the rights of others.
The idea that reference to all human beings being equal should usher in socialism is countered by the recognition that the equality referred to in the Declaration is about the equal possession of the unalienable rights all of us have, not about health, welfare, good looks, and other admittedly valued matters. And only libertarianism acknowledges this strict limitation of the Founders’ and Framers’ “egalitarianism.”
Some features of the original American political ideas and ideals are clearly improved upon in libertarianism; abolition of any form of involuntary servitude, for example, including taxation, the military draft, the war on drugs or alcohol and other types of compulsion citizens are supposed to be subjected to just as may be subjects of a monarchy. As the libertarian sees it, some of these elements of the original American system are the unfortunate reactionary residue from prerevolutionary times and not consistent with the fundamental principles laid out in the Declaration, especially the idea of everyone’s unalienable individual rights.
So, I submit, libertarians are indeed the faithful students of the American political tradition, one’s who learned well from their elders and went on to improve on what they have so learned.
Tibor R. Machan
Given that in the main the American political system is still the closest to protecting varieties of individual liberty—regarding speech, commerce, religion, due process, etc.—most of those who peddle political ideas want to hitch their wagon to the ideas of the American Founders. Socialists, conservatives, populists, agrarians and even communists have laid claim to being the proper carriers of the American political flag. Libertarians, of course, are no different. They hold that it is their political philosophy that most fully realizes the vision first put into practice by the American Founders and Framers. And with their current role in America's political life, it would be useful to see if they or the others are right.
Why would a socialist think the same thing? Or a conservative or populist, let alone a communist?
Socialists tend to believe that the American Founders advocated egalitarianism, first and foremost. They focus on the paramount idea in that document that “all men are created equal.” Conservatives, in turn, consider their position to be validated by the Founders and Framers in light of how they derived their political theory from a study of history and the thoughts of numerous influential political philosophers and theorists. This confirms the conservative notion that to do nation building properly, one must consult tradition, history and custom, not concoct ideas and ideals de novo. Populists, of course, focus on the democratic elements of the American political tradition, those that relate to how every citizen has a right to influence public policy. Never mind the limits imposed by, say, the Bill of Rights. What counts is mass participation, the “will of the people.” Agrarians will insist that Jefferson & Co., were mostly promoting the special interest of the landed gentry. And communists will argue that the American system is simply a historical precursor to the ideal community in which a nation becomes a family of equals.
Libertarians, however, point out that the Founders had a more realistic but also optimistic view of human community life than these other advocates do. They hold that listing the basic unalienable rights of every human being serves as a clear reminder of the radical insight that no one has the proper authority to impose his or her agenda upon others however much these others may mismanage their lives, even threaten some desirable features of culture. The political task is to secure the basic rights of all citizens. Everything else must be achieved without resort to the main instrument of public policy, namely, coercive force. As the libertarian insists, initiating force against others even for purposes that are quite admirable just cannot be reconciled with a proper standard of justice. That standard, which is actually the first ingredient of civilized life, is to interact with one’s fellows voluntarily, even as one disagrees with them, even if they are recalcitrant, even if they act indecently themselves but they remain peaceful, respect for of the rights of others.
The idea that reference to all human beings being equal should usher in socialism is countered by the recognition that the equality referred to in the Declaration is about the equal possession of the unalienable rights all of us have, not about health, welfare, good looks, and other admittedly valued matters. And only libertarianism acknowledges this strict limitation of the Founders’ and Framers’ “egalitarianism.”
Some features of the original American political ideas and ideals are clearly improved upon in libertarianism; abolition of any form of involuntary servitude, for example, including taxation, the military draft, the war on drugs or alcohol and other types of compulsion citizens are supposed to be subjected to just as may be subjects of a monarchy. As the libertarian sees it, some of these elements of the original American system are the unfortunate reactionary residue from prerevolutionary times and not consistent with the fundamental principles laid out in the Declaration, especially the idea of everyone’s unalienable individual rights.
So, I submit, libertarians are indeed the faithful students of the American political tradition, one’s who learned well from their elders and went on to improve on what they have so learned.
Thursday, December 22, 2011
Property Rights and the Free Press
Tibor R. Machan
Not as if the point hasn’t been made often by now, but repeating it may be of some benefit: without a firm protection of the right to private property, the rights to freedom of speech, press, religious worship, etc., are under constant threat.
The most recent demonstration of this is happening in Argentina, although Venezuela has served as a recent case in point also. As reported by the BBC, “Argentina's government wins control of newsprint supplies, amid a long-running feud between the president and a major media group...” It appears that the legislature caved in to pressure from the president of Argentina and basically nationalized all the supplied that are needed to run an independent press. As the BBC put it, “The legislation, which passed in the lower house last week, says the production, sale and distribution of newsprint is of national interest.”
Of course, even if true, nothing follows about how the government ought to wrest control of the “production, sale and distribution of newsprint.” If anything, if it is true and “the production, sale and distribution of newsprint” is in the national interest--allowing that this means that it is generally an important part of the society--it is least secure when government takes control of these matters. The same principle holds for education--its importance by no stretch of the imagination justifies placing it under government jurisdiction.
What too many folks do not grasp is that governments are agencies run by some members of a society and it is most unwise to put these members in control of nearly anything, let alone the dissemination of knowledge and information. If there is a solid enough constitution in place, firmly upheld, perhaps the protection of individual rights might be placed in the hands of the government, provided the government can be kept impartial as it adjudicates disputes, protects rights, etc. But that itself is called into serious question by examples such as the Argentinian case, where instead of protecting property rights, and thus the right to freedom of the press, government is the main violator of them.
Ironically, it is those on the political Left who are most hostile to private property rights. Karl Marx and Frederick Engels made this clear in The Communist Manifesto where they declared that the very first task of socialists is to abolish private property rights. Yet it is just such cantankerous folks as communists who most need the protection of their private property rights, otherwise their many opponents will have no trouble invading their spheres from which they are mounting their challenge to the status quo. (This itself suggests quite strongly that the Left’s political viewpoint is quite confused!)
All this also calls to mind how fiercely some of the Left’s most prominent platforms decry the claim that America is in any way exceptional. Yet it really is, as exemplified in the now sadly fading American tradition of serious respect and legal protection of the right to private property.
In its eagerness to undermine free market capitalism, the Left is willing to sacrifice its major bulwark against those who would oppress it. But it just will not work--without the protection of private property rights, there is no freedom of the press and no effective political freedom either, the freedom needed to institute change in society’s political institutions which the Left is so hell bent on doing.
Of course, much of this is relatively novel in the annals of politics across human history and the globe. The more usual state of affairs is that which we now see in Argentina and many other countries where dissent is eagerly being suppressed by the thugs who rule. Perhaps in time the vitality of the right to private property for all kinds of human endeavors--economic, educational, religious, scientific, journalistic, etc., etc.--will be widely recognized. But as with freedom on all fronts, that requires eternal vigilance.
Tibor R. Machan
Not as if the point hasn’t been made often by now, but repeating it may be of some benefit: without a firm protection of the right to private property, the rights to freedom of speech, press, religious worship, etc., are under constant threat.
The most recent demonstration of this is happening in Argentina, although Venezuela has served as a recent case in point also. As reported by the BBC, “Argentina's government wins control of newsprint supplies, amid a long-running feud between the president and a major media group...” It appears that the legislature caved in to pressure from the president of Argentina and basically nationalized all the supplied that are needed to run an independent press. As the BBC put it, “The legislation, which passed in the lower house last week, says the production, sale and distribution of newsprint is of national interest.”
Of course, even if true, nothing follows about how the government ought to wrest control of the “production, sale and distribution of newsprint.” If anything, if it is true and “the production, sale and distribution of newsprint” is in the national interest--allowing that this means that it is generally an important part of the society--it is least secure when government takes control of these matters. The same principle holds for education--its importance by no stretch of the imagination justifies placing it under government jurisdiction.
What too many folks do not grasp is that governments are agencies run by some members of a society and it is most unwise to put these members in control of nearly anything, let alone the dissemination of knowledge and information. If there is a solid enough constitution in place, firmly upheld, perhaps the protection of individual rights might be placed in the hands of the government, provided the government can be kept impartial as it adjudicates disputes, protects rights, etc. But that itself is called into serious question by examples such as the Argentinian case, where instead of protecting property rights, and thus the right to freedom of the press, government is the main violator of them.
Ironically, it is those on the political Left who are most hostile to private property rights. Karl Marx and Frederick Engels made this clear in The Communist Manifesto where they declared that the very first task of socialists is to abolish private property rights. Yet it is just such cantankerous folks as communists who most need the protection of their private property rights, otherwise their many opponents will have no trouble invading their spheres from which they are mounting their challenge to the status quo. (This itself suggests quite strongly that the Left’s political viewpoint is quite confused!)
All this also calls to mind how fiercely some of the Left’s most prominent platforms decry the claim that America is in any way exceptional. Yet it really is, as exemplified in the now sadly fading American tradition of serious respect and legal protection of the right to private property.
In its eagerness to undermine free market capitalism, the Left is willing to sacrifice its major bulwark against those who would oppress it. But it just will not work--without the protection of private property rights, there is no freedom of the press and no effective political freedom either, the freedom needed to institute change in society’s political institutions which the Left is so hell bent on doing.
Of course, much of this is relatively novel in the annals of politics across human history and the globe. The more usual state of affairs is that which we now see in Argentina and many other countries where dissent is eagerly being suppressed by the thugs who rule. Perhaps in time the vitality of the right to private property for all kinds of human endeavors--economic, educational, religious, scientific, journalistic, etc., etc.--will be widely recognized. But as with freedom on all fronts, that requires eternal vigilance.
Sunday, December 18, 2011
Ideological Thinking Revisited
Tibor R. Machan
Following the December 15th Republican “debate,” New York Times columnist Paul Krugman wrote once again about the evils of ideological thinking.
Krugman began piece by criticizing Mitt Romney for his repeated vacillations about which public policies he supports, which he opposes, a problem Romney has been plagued by most of his political life. But Krugman didn’t do what follows form this, namely, praise Romney for being a pragmatist, for his agility and flexibility. No, he decried the former Massachusetts's Governor’s various views. And then he moved on to a more familiar target, one he has been shooting at every chance he gets. This is Representative Ron Paul’s integrity and consistency. Calling it ideological thinking, Krugman considers this a far great failing than anything he could find with Romney.
As Krugman summarizes all this, “In a way, that makes sense. Romney isn't trusted because he's seen as someone who cynically takes whatever positions he thinks will advance his career - a charge that sticks because it's true. Paul, by contrast, has been highly consistent. I bet you won't find video clips from a few years back in which he says the opposite of what he's saying now. Unfortunately, Paul has maintained his consistency by ignoring reality, clinging to his ideology even as the facts have demonstrated that ideology's wrongness.”
Ignore, please, for the moment that Krugman is every bit as ideological as would be anyone who tries to make sense of political economy, just one field of study that tries to learn generalities from the past so as to prepare for the future. The way this is done is by the identification of certain principles and then implementing them with the expectation that bad results will be avoided and good ones fostered. There really is no practical field, such as farming, medicine, engineering, child raising, and so forth, that can carry forth without this approach. Call it theoretical or ideological thought, no one who even dabbles in them can avoid them.
Ron Paul’s theoretical guidance comes from a certain school of free market economics, laid out by the likes of Ludwig von Mises and F. A. Hayek. (Other free market schools are those of Milton Friedman--the Chicago School--and those of James Buchanan--the Virginia School.) Massive volumes lay out these positions, in more or less technical ways, as they do the positions of Paul Krugman and his idol, John Maynard Keynes. It is routine in the social sciences for up and coming scholars and researchers to hitch their wagon to some earlier leader in their field. Just check out sociology or anthropology--they all follow this pattern. Krugman is no exception--he has hitched his wagon to Keynes and follows Keynes’ pragmatic, erratic economic thought. It happens to accommodate his hostility to principles. It doesn’t demand any integrity in one’s thinking; only expediency counts.
Because we are talking here about how political economy should be approached, or if you will macroeconomic theory, the impact of unprincipled thinking is quite remote. It is difficult to tell which results of such a mishmash political-economic thinking come from which ideas--as I have argued before, it is like getting food poisoning or, alternatively, health benefits from a smorgasbord meal which contains many diverse ingredients. But if you consider some areas of concern that are more immediately relevant to one’s life, the unprincipled approach shows its damage right away.
For example, it is generally understood that people with certain medical maladies should stick to a certain diet--think of diabetics. In engineering, medicine, nutrition, farming and the rest the practitioners learn their general principles and implement them in the course of their practice. Or consider morality; it is pretty much the case that lying and cheating ought to be avoided. Eve more drastically, deploying coercion in sexual relations is not just immoral but outright criminal. Everyone must, therefore, practice consensual sex so that rape, for example, is never acceptable. That is the principle of the thing, no exception.
Yet by Krugman’s lights to prohibit rape in all cases, as a matter of one’s ideology, is a serious flaw in one’s character, just as sticking to free market economic analysis is supposed to be in Ron Paul’s thought. As Krugman says, “Paul has maintained his consistency by ignoring reality, clinging to his ideology even as the facts have demonstrated that ideology's wrongness,” but the only case he offers to illustrate the alleged wrongness is that Paul and his allies have warned about inflation for years and yet we are not seeing inflation break out all over. (Of course, there are those, rather more subtle economists, who see it break out in numerous hidden way--like postponing the destruction of the value of money for a while, kicking the can down the road to confront the mess later, e.g., by our grand children.) In other words, inflation can be prevented in various clever ways but not without eventual dire consequences. So here, too, Krugman is off.
What Paul insists on is consistency in one’s economic theorizing, something that every bona fide science insists upon. Pseudo-sciences like astrology and tarot reading don’t, with the result that they accomplish nothing useful at all. Most of Krugman’s ad hoc economics is like that--fancy footwork without any useful wisdom in its wake.
The ideology that Krugman follows despite denying it--just as many pragmatists deny that they firmly stick to some ideas--is the economic philosophy of coercion, of the state’s regimenting economic agents at nearly every turn. At no time will coercion as such be frowned upon by Krugman--it would be ideological to do so, in his view.
But the issue isn’t whether ideology is admissible but which ideology is sound, which bogus.
Tibor R. Machan
Following the December 15th Republican “debate,” New York Times columnist Paul Krugman wrote once again about the evils of ideological thinking.
Krugman began piece by criticizing Mitt Romney for his repeated vacillations about which public policies he supports, which he opposes, a problem Romney has been plagued by most of his political life. But Krugman didn’t do what follows form this, namely, praise Romney for being a pragmatist, for his agility and flexibility. No, he decried the former Massachusetts's Governor’s various views. And then he moved on to a more familiar target, one he has been shooting at every chance he gets. This is Representative Ron Paul’s integrity and consistency. Calling it ideological thinking, Krugman considers this a far great failing than anything he could find with Romney.
As Krugman summarizes all this, “In a way, that makes sense. Romney isn't trusted because he's seen as someone who cynically takes whatever positions he thinks will advance his career - a charge that sticks because it's true. Paul, by contrast, has been highly consistent. I bet you won't find video clips from a few years back in which he says the opposite of what he's saying now. Unfortunately, Paul has maintained his consistency by ignoring reality, clinging to his ideology even as the facts have demonstrated that ideology's wrongness.”
Ignore, please, for the moment that Krugman is every bit as ideological as would be anyone who tries to make sense of political economy, just one field of study that tries to learn generalities from the past so as to prepare for the future. The way this is done is by the identification of certain principles and then implementing them with the expectation that bad results will be avoided and good ones fostered. There really is no practical field, such as farming, medicine, engineering, child raising, and so forth, that can carry forth without this approach. Call it theoretical or ideological thought, no one who even dabbles in them can avoid them.
Ron Paul’s theoretical guidance comes from a certain school of free market economics, laid out by the likes of Ludwig von Mises and F. A. Hayek. (Other free market schools are those of Milton Friedman--the Chicago School--and those of James Buchanan--the Virginia School.) Massive volumes lay out these positions, in more or less technical ways, as they do the positions of Paul Krugman and his idol, John Maynard Keynes. It is routine in the social sciences for up and coming scholars and researchers to hitch their wagon to some earlier leader in their field. Just check out sociology or anthropology--they all follow this pattern. Krugman is no exception--he has hitched his wagon to Keynes and follows Keynes’ pragmatic, erratic economic thought. It happens to accommodate his hostility to principles. It doesn’t demand any integrity in one’s thinking; only expediency counts.
Because we are talking here about how political economy should be approached, or if you will macroeconomic theory, the impact of unprincipled thinking is quite remote. It is difficult to tell which results of such a mishmash political-economic thinking come from which ideas--as I have argued before, it is like getting food poisoning or, alternatively, health benefits from a smorgasbord meal which contains many diverse ingredients. But if you consider some areas of concern that are more immediately relevant to one’s life, the unprincipled approach shows its damage right away.
For example, it is generally understood that people with certain medical maladies should stick to a certain diet--think of diabetics. In engineering, medicine, nutrition, farming and the rest the practitioners learn their general principles and implement them in the course of their practice. Or consider morality; it is pretty much the case that lying and cheating ought to be avoided. Eve more drastically, deploying coercion in sexual relations is not just immoral but outright criminal. Everyone must, therefore, practice consensual sex so that rape, for example, is never acceptable. That is the principle of the thing, no exception.
Yet by Krugman’s lights to prohibit rape in all cases, as a matter of one’s ideology, is a serious flaw in one’s character, just as sticking to free market economic analysis is supposed to be in Ron Paul’s thought. As Krugman says, “Paul has maintained his consistency by ignoring reality, clinging to his ideology even as the facts have demonstrated that ideology's wrongness,” but the only case he offers to illustrate the alleged wrongness is that Paul and his allies have warned about inflation for years and yet we are not seeing inflation break out all over. (Of course, there are those, rather more subtle economists, who see it break out in numerous hidden way--like postponing the destruction of the value of money for a while, kicking the can down the road to confront the mess later, e.g., by our grand children.) In other words, inflation can be prevented in various clever ways but not without eventual dire consequences. So here, too, Krugman is off.
What Paul insists on is consistency in one’s economic theorizing, something that every bona fide science insists upon. Pseudo-sciences like astrology and tarot reading don’t, with the result that they accomplish nothing useful at all. Most of Krugman’s ad hoc economics is like that--fancy footwork without any useful wisdom in its wake.
The ideology that Krugman follows despite denying it--just as many pragmatists deny that they firmly stick to some ideas--is the economic philosophy of coercion, of the state’s regimenting economic agents at nearly every turn. At no time will coercion as such be frowned upon by Krugman--it would be ideological to do so, in his view.
But the issue isn’t whether ideology is admissible but which ideology is sound, which bogus.
Saturday, December 17, 2011
Fetal Rights: Implication of a Supposed Ought
[from Liberty Magazine, July 1989, pp. 51-52]
Tibor R. Machan
When back in 1973 I edited The Libertarian Alternative (Chicago: Nelson-Hall, 1973), the libertarian political outlook wasn’t well known and “libertarian” certainly was no household word as it is today, what with prominent media figures identifying their own position by that term. Several presidential hopefuls have stopped being coy and now openly describe their own politics as libertarian--e.g., Ron Paul and Gary Johnson. Judge Andrew Napolitano of Fox Business News’ daily “FreedomWatch” program, as well as John Stossel of that same outlet’s weekly “Stossel” program make no bones about their championing libertarianism.
Now all of this is very welcome to those who hold that the fully free, libertarian polity is superior to all other live options advocated by political thinkers. There is, however, one small fly in the ointment. Among those I mentioned above several are "pro-life," so called, in the debate about whether one of the liberties citizens have a right to is obtaining abortions. Ron Paul and Andrew Napolitano are both of this school, holding that abortion is the killing of a human being. One may assume that they would both accord full legal protection to zygotes, embryos, and fetuses, seeing that as they see it, these all have the right to life just as any other human being does. Maybe they would qualify this just a bit by noting that the homicide involved would be akin to infanticide, not the killing of an adult. But just as infanticide is one variety of homicide, so could abortion be.
Several decades ago, when libertarianism was not yet discussed on news programs I aired some concerns with the position held by Representative Paul and Judge Napolitano on the abortion topic. It sparked some response from some who embraced the position--e.g., certain prominent members of the organization Libertarians for Life--but it certainly cause little stir even among the participants of the then budding libertarian movement. At this time, however, it may be worth revisiting the issue and seeing how it might be dealt with by those who embrace the Paul/Napolitano viewpoint. For this reason I want to once again publish the piece in which I aired my concerns, this time on line. (The original article was published in Liberty Magazine and a response was penned by Edwin Viaira, “Fetal Rights: Enforceable in Principle” at Libertarians for Life [1996]. Although Vieira stated in that essay that the argument I advanced is “one frequently used,” he cited no other literature in which it is presented. I myself know of none.)
So then here is the essay as originally published in Liberty Magazine:
Among the many issues considered in connection with the abortion controversy, there is one that has, unfortunately, received little attention. To wit, if the “pro-life” position is roughly right—that is, if human conception entails a serious right to life for the conceptus—then certain radical legal consequences follow. If zygotes, embryos, and fetuses have a right to life comparable to infants and adults, then miscarriages or spontaneous abortions must become subjects of extensive and constant police scrutiny.
Every state has some public policy regarding police investigation of unexplained deaths and homicides. (See Wayne R. LaFave & Gerold H. Israel, Criminal Procedure [St. Paul, Minnesota: West Publishing Company, 1985], Chapter 1.) The authorities must determine that there are no reasonable grounds for suspecting murder or some other variety of illegal killing. In addition, if a fetus or zygote has a right to life, it follows that any activity on the part of the pregnant woman (or even a companion or stranger) that might result in a miscarriage (say, arising from some sport or a minor traffic mishap) could constitute negligent homicide. (See Criminal Law 21 Am Jur 2nd Par. 132; Model Penal Code Article 210, Section 210.1 & 210.4 Criminal and negligent homicide [1962]; Commonweath v. Nelansky, 55 N.E. 2nd 902 [MA. 1944].
In the death of an adult or even a child, the public accessibility of the deceased makes it relatively easy to determine whether foul play can reasonably be assumed. Innumerable forensic methods and devices exist for this purpose. Simply checking the body will usually provide investigators with sufficient information to determine whether there are grounds for suspecting a crime. Often, there are members of the public well-acquainted with the deceased, and these friends, family and neighbors can testify to suspicious circumstances, history, and the like. The same situation, however, does not apply in the case of deceased zygotes.
Whatever it is that is created at conception—whether it is something that is human or something that is only potentially human—it is often not known to exist until long after conception. Women do not know that they are pregnant immediately after they have conceived. The plain fact is that “unborn children” are hidden for several weeks from the kind of public exposure that even babies enjoy. In advanced civilizations, many of these unborn are monitored by physicians, but this usually occurs only after they have lived and been vulnerable to mistreatment for several weeks. This alone seems to violate the “ought implies can” provision of ethics, which states that if someone is required to act in a particular way, it must be possible for that person to carry out the responsibility. The veil of ignorance that surrounds the early stages of pregnancy causes many problems unforeseen by the advocates of fetal rights.
Even if immediate knowledge of conception were possible for a pregnant woman, the situation would be the same. What is required is public knowledge, as well as private knowledge. It is the rights-protecting authorities who must be able to know of the existence of the embryo, zygote or fetus in order to protect their rights. This requirement is not easy to meet.
Of course, one could imagine the following: At the moment of any possible conception—that is, whenever heterosexual intercourse takes place between fertile parties—an extensive machinery of examination, registration and supervision of possible pregnancies could be generated. Every woman would have the constant duty to check whether she is pregnant. If the answer is in the affirmative, the woman would immediately have to register the conception of the new human being. She would then have to submit to constant inspection and supervision, so as not to permit the possibility of a neglectful miscarriage—for example, from sports, recreation, work, or play, or any of a number of other activities.
This kind of “solution,” however, conflicts with the existence of the rights of persons to not have their lives unreasonably scrutinized by authorities—or, as the 4th Amendment of the U.S. Constitution puts it, “against unreasonable searches.” The threat to the rights of possible parents would be enormous—indeed, to do their duty, governments must violate human rights on numerous fronts. A veritable police state would have to be established so as to uphold ordinary justice.
This extraordinary extension of state power can also be considered a violation of the “ought implies can” provision, although in a somewhat complicated sense. Ought implies can not only in a physical sense, but also in a moral sense: a moral obligation must not require immoral acts. Rights must be compossible—the human right of a fetus cannot contradict the equally basic human right of anyone else (although some prima facia rights theories allow for the ranking of human rights). Accordingly, even if all pregnancies could be detected immediately upon conception, the institutional arrangements required for this would involve extensive rights violations and, thus, make discovery of negligence and other criminal conduct during pregnancy morally impossible.
A legal policy consistent with the idea that the human being is formed at conception could not be carried out in a society that respects the sovereignty of all of its citizens, including pregnant women. If a law is unenforceable in principle, it is inoperative. This, in turn, suggests that the “pro-life” position implies a set of legal consequences that are impossible in the very society that supposedly recognizes the rights of its citizens in all cases other than the unborn. If we add to these considerations the possibility that some alternative theory of when a human being comes into existence makes better sense and does not imply a widespread official violation of individual rights, then the case against the “pro-life” position seems very strong indeed. Before it could even be considered sound, it would have to be shown that the widespread intrusion into the lives of persons as discussed here is not implied by the “pro-life” doctrine.
The normal respect for and protection of individual rights cannot be extended to the being that is created by conception—not, at least, without an absurd invasion of the rights of adult human individuals.
[from Liberty Magazine, July 1989, pp. 51-52]
Tibor R. Machan
When back in 1973 I edited The Libertarian Alternative (Chicago: Nelson-Hall, 1973), the libertarian political outlook wasn’t well known and “libertarian” certainly was no household word as it is today, what with prominent media figures identifying their own position by that term. Several presidential hopefuls have stopped being coy and now openly describe their own politics as libertarian--e.g., Ron Paul and Gary Johnson. Judge Andrew Napolitano of Fox Business News’ daily “FreedomWatch” program, as well as John Stossel of that same outlet’s weekly “Stossel” program make no bones about their championing libertarianism.
Now all of this is very welcome to those who hold that the fully free, libertarian polity is superior to all other live options advocated by political thinkers. There is, however, one small fly in the ointment. Among those I mentioned above several are "pro-life," so called, in the debate about whether one of the liberties citizens have a right to is obtaining abortions. Ron Paul and Andrew Napolitano are both of this school, holding that abortion is the killing of a human being. One may assume that they would both accord full legal protection to zygotes, embryos, and fetuses, seeing that as they see it, these all have the right to life just as any other human being does. Maybe they would qualify this just a bit by noting that the homicide involved would be akin to infanticide, not the killing of an adult. But just as infanticide is one variety of homicide, so could abortion be.
Several decades ago, when libertarianism was not yet discussed on news programs I aired some concerns with the position held by Representative Paul and Judge Napolitano on the abortion topic. It sparked some response from some who embraced the position--e.g., certain prominent members of the organization Libertarians for Life--but it certainly cause little stir even among the participants of the then budding libertarian movement. At this time, however, it may be worth revisiting the issue and seeing how it might be dealt with by those who embrace the Paul/Napolitano viewpoint. For this reason I want to once again publish the piece in which I aired my concerns, this time on line. (The original article was published in Liberty Magazine and a response was penned by Edwin Viaira, “Fetal Rights: Enforceable in Principle” at Libertarians for Life [1996]. Although Vieira stated in that essay that the argument I advanced is “one frequently used,” he cited no other literature in which it is presented. I myself know of none.)
So then here is the essay as originally published in Liberty Magazine:
Among the many issues considered in connection with the abortion controversy, there is one that has, unfortunately, received little attention. To wit, if the “pro-life” position is roughly right—that is, if human conception entails a serious right to life for the conceptus—then certain radical legal consequences follow. If zygotes, embryos, and fetuses have a right to life comparable to infants and adults, then miscarriages or spontaneous abortions must become subjects of extensive and constant police scrutiny.
Every state has some public policy regarding police investigation of unexplained deaths and homicides. (See Wayne R. LaFave & Gerold H. Israel, Criminal Procedure [St. Paul, Minnesota: West Publishing Company, 1985], Chapter 1.) The authorities must determine that there are no reasonable grounds for suspecting murder or some other variety of illegal killing. In addition, if a fetus or zygote has a right to life, it follows that any activity on the part of the pregnant woman (or even a companion or stranger) that might result in a miscarriage (say, arising from some sport or a minor traffic mishap) could constitute negligent homicide. (See Criminal Law 21 Am Jur 2nd Par. 132; Model Penal Code Article 210, Section 210.1 & 210.4 Criminal and negligent homicide [1962]; Commonweath v. Nelansky, 55 N.E. 2nd 902 [MA. 1944].
In the death of an adult or even a child, the public accessibility of the deceased makes it relatively easy to determine whether foul play can reasonably be assumed. Innumerable forensic methods and devices exist for this purpose. Simply checking the body will usually provide investigators with sufficient information to determine whether there are grounds for suspecting a crime. Often, there are members of the public well-acquainted with the deceased, and these friends, family and neighbors can testify to suspicious circumstances, history, and the like. The same situation, however, does not apply in the case of deceased zygotes.
Whatever it is that is created at conception—whether it is something that is human or something that is only potentially human—it is often not known to exist until long after conception. Women do not know that they are pregnant immediately after they have conceived. The plain fact is that “unborn children” are hidden for several weeks from the kind of public exposure that even babies enjoy. In advanced civilizations, many of these unborn are monitored by physicians, but this usually occurs only after they have lived and been vulnerable to mistreatment for several weeks. This alone seems to violate the “ought implies can” provision of ethics, which states that if someone is required to act in a particular way, it must be possible for that person to carry out the responsibility. The veil of ignorance that surrounds the early stages of pregnancy causes many problems unforeseen by the advocates of fetal rights.
Even if immediate knowledge of conception were possible for a pregnant woman, the situation would be the same. What is required is public knowledge, as well as private knowledge. It is the rights-protecting authorities who must be able to know of the existence of the embryo, zygote or fetus in order to protect their rights. This requirement is not easy to meet.
Of course, one could imagine the following: At the moment of any possible conception—that is, whenever heterosexual intercourse takes place between fertile parties—an extensive machinery of examination, registration and supervision of possible pregnancies could be generated. Every woman would have the constant duty to check whether she is pregnant. If the answer is in the affirmative, the woman would immediately have to register the conception of the new human being. She would then have to submit to constant inspection and supervision, so as not to permit the possibility of a neglectful miscarriage—for example, from sports, recreation, work, or play, or any of a number of other activities.
This kind of “solution,” however, conflicts with the existence of the rights of persons to not have their lives unreasonably scrutinized by authorities—or, as the 4th Amendment of the U.S. Constitution puts it, “against unreasonable searches.” The threat to the rights of possible parents would be enormous—indeed, to do their duty, governments must violate human rights on numerous fronts. A veritable police state would have to be established so as to uphold ordinary justice.
This extraordinary extension of state power can also be considered a violation of the “ought implies can” provision, although in a somewhat complicated sense. Ought implies can not only in a physical sense, but also in a moral sense: a moral obligation must not require immoral acts. Rights must be compossible—the human right of a fetus cannot contradict the equally basic human right of anyone else (although some prima facia rights theories allow for the ranking of human rights). Accordingly, even if all pregnancies could be detected immediately upon conception, the institutional arrangements required for this would involve extensive rights violations and, thus, make discovery of negligence and other criminal conduct during pregnancy morally impossible.
A legal policy consistent with the idea that the human being is formed at conception could not be carried out in a society that respects the sovereignty of all of its citizens, including pregnant women. If a law is unenforceable in principle, it is inoperative. This, in turn, suggests that the “pro-life” position implies a set of legal consequences that are impossible in the very society that supposedly recognizes the rights of its citizens in all cases other than the unborn. If we add to these considerations the possibility that some alternative theory of when a human being comes into existence makes better sense and does not imply a widespread official violation of individual rights, then the case against the “pro-life” position seems very strong indeed. Before it could even be considered sound, it would have to be shown that the widespread intrusion into the lives of persons as discussed here is not implied by the “pro-life” doctrine.
The normal respect for and protection of individual rights cannot be extended to the being that is created by conception—not, at least, without an absurd invasion of the rights of adult human individuals.
Thursday, December 15, 2011
Capitalism & Socialism Rightly Understood
Tibor R. Machan
In a recent Op Ed for The New York Times, Professor Gar Arperovitz of the University of Maryland, who teaches political economy there, has written that “something different [from what OWS wants] has been quietly brewing in recent decades: more and more Americans are involved in co-ops, worker-owned companies and other alternatives to the traditional capitalist model. We may, in fact, be moving toward a hybrid system, something different from both traditional capitalism and socialism, without anyone even noticing.”
Well, this comment shows, among other things, a profound misunderstanding of both capitalism and socialism. In the formers system there is no prohibition of pockets of communitarian associations, kibbutzes, communes, cooperatives, and so forth. This is a point made emphatically by one of the 20th century’s foremost philosophical defenders of capitalism--or, as he put it, “capitalist acts between consenting adults”--the late professor Robert Nozick, in his famous book Anarchy, State, and Utopia (Basic Books 1973).
Nozick pointed out that in the libertarian system he presented in his book there is every chance to experiment with a great variety of human associations--he called the “utopias”--provided these do not sanction the coercion of some people by others. And since the kind of associations that “worker owned companies” are need by no stretch of the imagination involve any kind of coercion, they are entirely compatible with capitalism wherein the major element is freedom of association, not the pursuit of any particular goal (including profit).
It is odd that Professor Alperovitz would not be up front about this. Is he perhaps intent on misrepresenting the nature of a capitalist political economy, making it appear to be something it isn’t, namely, limited to promoting only certain types of human associations such as business firms? What about the thousands of churches in the semi-capitalist system of America which are on record promoting various spiritual goals? What about the Amish, the Moonies, the Roman Catholics, the Salvation Army, the Red Cross and many others, including clubs, fraternal organizations, and so forth, that have nothing to do with seeking the ends that most business enterprises seek? All these are fully compatible with the basic principles of capitalism but not so much with socialism. None of these are permitted in countries like North Korea or Cuba, let alone in the former Soviet Union which attempted to implement socialism, namely, the state ownership of the major means of production and the total abolition of the right to private property, a right that indeed facilitates the variety of ways people may freely associate with one another.
Professor Alperovitz is a teacher of political economy so he must certainly know about the point Nozick made and about how a near-capitalist society such as the United States of America and many other Western countries are hospitable to, indeed promote, the great variety of communal associations he misleadingly identifies as socialist? Why would he do this?
If Professor Alperovitz wants to defend socialism or some hybrid of true capitalism and true socialism--whatever that might be--he should do this up front. He should acknowledge that socialism involves state coercion, especially on the economic front, and capitalism doesn’t. The various non-economic human associations he misidentifies as socialist do not involve coercion, which makes them fit within a capitalist but not within a socialist political economy.
But I guess Professor Alperovitz isn’t really willing to put his money where his mouth is, to come out four square for a genuine socialist/capitalist hybrid. He is, instead, defending something no bona fide capitalist or libertarian--e.g., Milton Friedman, F. A. Hayek, Ayn Rand, Murray N. Rothbard, Ron Paul et al.--opposes. Every one of these champions of capitalism accepts that in a genuine free country there can be innumerable human groupings and these include worker owned firms and farms.
Tibor R. Machan
In a recent Op Ed for The New York Times, Professor Gar Arperovitz of the University of Maryland, who teaches political economy there, has written that “something different [from what OWS wants] has been quietly brewing in recent decades: more and more Americans are involved in co-ops, worker-owned companies and other alternatives to the traditional capitalist model. We may, in fact, be moving toward a hybrid system, something different from both traditional capitalism and socialism, without anyone even noticing.”
Well, this comment shows, among other things, a profound misunderstanding of both capitalism and socialism. In the formers system there is no prohibition of pockets of communitarian associations, kibbutzes, communes, cooperatives, and so forth. This is a point made emphatically by one of the 20th century’s foremost philosophical defenders of capitalism--or, as he put it, “capitalist acts between consenting adults”--the late professor Robert Nozick, in his famous book Anarchy, State, and Utopia (Basic Books 1973).
Nozick pointed out that in the libertarian system he presented in his book there is every chance to experiment with a great variety of human associations--he called the “utopias”--provided these do not sanction the coercion of some people by others. And since the kind of associations that “worker owned companies” are need by no stretch of the imagination involve any kind of coercion, they are entirely compatible with capitalism wherein the major element is freedom of association, not the pursuit of any particular goal (including profit).
It is odd that Professor Alperovitz would not be up front about this. Is he perhaps intent on misrepresenting the nature of a capitalist political economy, making it appear to be something it isn’t, namely, limited to promoting only certain types of human associations such as business firms? What about the thousands of churches in the semi-capitalist system of America which are on record promoting various spiritual goals? What about the Amish, the Moonies, the Roman Catholics, the Salvation Army, the Red Cross and many others, including clubs, fraternal organizations, and so forth, that have nothing to do with seeking the ends that most business enterprises seek? All these are fully compatible with the basic principles of capitalism but not so much with socialism. None of these are permitted in countries like North Korea or Cuba, let alone in the former Soviet Union which attempted to implement socialism, namely, the state ownership of the major means of production and the total abolition of the right to private property, a right that indeed facilitates the variety of ways people may freely associate with one another.
Professor Alperovitz is a teacher of political economy so he must certainly know about the point Nozick made and about how a near-capitalist society such as the United States of America and many other Western countries are hospitable to, indeed promote, the great variety of communal associations he misleadingly identifies as socialist? Why would he do this?
If Professor Alperovitz wants to defend socialism or some hybrid of true capitalism and true socialism--whatever that might be--he should do this up front. He should acknowledge that socialism involves state coercion, especially on the economic front, and capitalism doesn’t. The various non-economic human associations he misidentifies as socialist do not involve coercion, which makes them fit within a capitalist but not within a socialist political economy.
But I guess Professor Alperovitz isn’t really willing to put his money where his mouth is, to come out four square for a genuine socialist/capitalist hybrid. He is, instead, defending something no bona fide capitalist or libertarian--e.g., Milton Friedman, F. A. Hayek, Ayn Rand, Murray N. Rothbard, Ron Paul et al.--opposes. Every one of these champions of capitalism accepts that in a genuine free country there can be innumerable human groupings and these include worker owned firms and farms.
Monday, December 05, 2011
Are Societies Owned?
Tibor R. Machan
Libertarians tend to view taxation as unjustified. It is something associated with statism, a kind of coercive institution that expropriates resources from members of society rather than securing the resources voluntarily. Statists, however, criticize the libertarian view, claiming that in a way taxation is voluntary, only apparently not so. Such defenders of statism as Liam Murphy and Thomas Nagel, in their book The Myth of Ownership,[1] have made this case and they have done so along lines worth some attention here.
Assume you wish to sell antiques, so you rent space in a building owned by someone and agree that whenever you make a sale, some of what you fetch goes to the owner. Craig Duncan claims this is analogous to the nature of taxation. The country is like the building. “The building’s owner … charges vendors a percentage of their sales intake—say, 20 percent—as payment for the opportunity to sell from one of the building’s stalls…. The owner is not stealing [the vendor’s] money when he demands this sum from [the vendor].”[2] According to Duncan it is by comparison to this kind of situation that taxation ought to be understood, not, as I and other libertarians argue, as extortion by some members of society (the government) of the rest who live and work there or, as Nozick claimed, as something on par with forced labor.[3]
But the analogy is a bad one. No one owns a free society. No one who lives in a free society is provided with the opportunity to strike up a deal with some owner of that society or to choose, from among different owners of societies, in which he or she might live and work.
Instead, people would be born into a free society where others, including their parents, relatives, or guardians, own homes, places of work and so on. Other people—the government—would not have the authority to coerce them into paying them “taxes” and to put them in jail if they refuse to pay up, with no chance of bargaining about the percentage, of whether to pay a flat fee (whether they win or lose in their various commercial endeavors), a percentage of some possible take and so forth.
All of these latter options are, however, possible when an antique seller rents a stall from someone who owns a building where customers may seek out vendors. But free societies, unlike the place where an antique vendor may or may not rent a stall, are not anyone’s property.
Professor Duncan does, however, correctly describe societies that are not free. In a feudal system, for example, the king or tsar or other monarch owns the society. In a dictatorship the dictator is the owner. In fascist societies the leader in effect owns the society. And in democracies that aren’t governed by a constitution that protects individual rights the majority owns the society. These owners then charge a rent from those they permit to live and work on their property.
That kind of system is, indeed, the natural home of the institution of taxation. Such societies are also the natural home of serfdom, where others than those who own it live and work only when permitted to do so. They have no rights other than those granted at the discretion of the owners. Both serfdom and taxation arise naturally in societies that are owned by someone.
In free societies, however, no one owns the society. Individual citizens may or may not own all kinds of things in such free societies—land, apartments, family homes, farms, factories, and innumerable other items that may be found before human beings have expropriated them from the wilds or what has been produced by or traded back and forth among the free citizenry.
Of course, in complex, developed free societies the citizenry will most likely have instituted a legal order or government, based on the principles of freedom—individual rights to life, liberty and property, for example. And they will probably have instituted some means by which those administering such a system will be paid for their work—user fees, shares of wealth owned, a flat sum, or something more novel and unheard of (e.g., contract fees). Citizens can come together, roughly along lines of how the original American colonists came together, and establish a legal order or government that will be empowered, without violating anyone’s rights, to provide for a clear definition, elaboration, and defense of everyone’s rights. Then, once such a group of citizens has come together and instituted a government with just powers—powers that do not violate but protect individual rights—the proper funding of the work of such a government can be spelled out.
What is crucial here is that such funding must occur voluntarily, namely, as the kind of funding that does not violate anyone’s rights. Unlike the case Professor Duncan gives us, where someone has prior ownership over the various items in society that can be owned, in a free society ownership is achieved through various types of free action. This includes coming upon something unowned and appropriating it—land, trees, lakes, whatever—or being given in trade various things by others or, again, being born into the world with various assets or attributes that may well be used to create wealth through production, use or exchange.
A truly free society, then, does not belong to anyone but is a region wherein individuals are free to come to own things. It is one within which those who live there are free to embark on actions that involve, among other things, the acquisition of property. That is part of being free, not being coerced by others to give up what one has peacefully acquired, not be prohibited by others from embarking on various actions, including peaceful acquisition (including production and trade).
In short, a free society is based on principles of individual rights, not on having gained permission from prior owners of the society on analogy with how a renter of a stall in an antique mall comes into possession of that stall. In free societies ownership is a right everyone has by his or her nature as a human being and it isn’t granted as a privilege by a prior owner, ad infinitum.
---------------------
[1] Liam Murphy and Thomas Nagel, The Myth of Ownership (London: Oxford University Press, 2002).
[2] Craig Duncan & Tibor R. Machan, Libertarianism, For and Against (Rowman & Littlefield, 2005), p. 46.
[3] Robert Nozick, Anarchy, State, and Utopia (New York: Basic Books, 1974).
Tibor R. Machan
Libertarians tend to view taxation as unjustified. It is something associated with statism, a kind of coercive institution that expropriates resources from members of society rather than securing the resources voluntarily. Statists, however, criticize the libertarian view, claiming that in a way taxation is voluntary, only apparently not so. Such defenders of statism as Liam Murphy and Thomas Nagel, in their book The Myth of Ownership,[1] have made this case and they have done so along lines worth some attention here.
Assume you wish to sell antiques, so you rent space in a building owned by someone and agree that whenever you make a sale, some of what you fetch goes to the owner. Craig Duncan claims this is analogous to the nature of taxation. The country is like the building. “The building’s owner … charges vendors a percentage of their sales intake—say, 20 percent—as payment for the opportunity to sell from one of the building’s stalls…. The owner is not stealing [the vendor’s] money when he demands this sum from [the vendor].”[2] According to Duncan it is by comparison to this kind of situation that taxation ought to be understood, not, as I and other libertarians argue, as extortion by some members of society (the government) of the rest who live and work there or, as Nozick claimed, as something on par with forced labor.[3]
But the analogy is a bad one. No one owns a free society. No one who lives in a free society is provided with the opportunity to strike up a deal with some owner of that society or to choose, from among different owners of societies, in which he or she might live and work.
Instead, people would be born into a free society where others, including their parents, relatives, or guardians, own homes, places of work and so on. Other people—the government—would not have the authority to coerce them into paying them “taxes” and to put them in jail if they refuse to pay up, with no chance of bargaining about the percentage, of whether to pay a flat fee (whether they win or lose in their various commercial endeavors), a percentage of some possible take and so forth.
All of these latter options are, however, possible when an antique seller rents a stall from someone who owns a building where customers may seek out vendors. But free societies, unlike the place where an antique vendor may or may not rent a stall, are not anyone’s property.
Professor Duncan does, however, correctly describe societies that are not free. In a feudal system, for example, the king or tsar or other monarch owns the society. In a dictatorship the dictator is the owner. In fascist societies the leader in effect owns the society. And in democracies that aren’t governed by a constitution that protects individual rights the majority owns the society. These owners then charge a rent from those they permit to live and work on their property.
That kind of system is, indeed, the natural home of the institution of taxation. Such societies are also the natural home of serfdom, where others than those who own it live and work only when permitted to do so. They have no rights other than those granted at the discretion of the owners. Both serfdom and taxation arise naturally in societies that are owned by someone.
In free societies, however, no one owns the society. Individual citizens may or may not own all kinds of things in such free societies—land, apartments, family homes, farms, factories, and innumerable other items that may be found before human beings have expropriated them from the wilds or what has been produced by or traded back and forth among the free citizenry.
Of course, in complex, developed free societies the citizenry will most likely have instituted a legal order or government, based on the principles of freedom—individual rights to life, liberty and property, for example. And they will probably have instituted some means by which those administering such a system will be paid for their work—user fees, shares of wealth owned, a flat sum, or something more novel and unheard of (e.g., contract fees). Citizens can come together, roughly along lines of how the original American colonists came together, and establish a legal order or government that will be empowered, without violating anyone’s rights, to provide for a clear definition, elaboration, and defense of everyone’s rights. Then, once such a group of citizens has come together and instituted a government with just powers—powers that do not violate but protect individual rights—the proper funding of the work of such a government can be spelled out.
What is crucial here is that such funding must occur voluntarily, namely, as the kind of funding that does not violate anyone’s rights. Unlike the case Professor Duncan gives us, where someone has prior ownership over the various items in society that can be owned, in a free society ownership is achieved through various types of free action. This includes coming upon something unowned and appropriating it—land, trees, lakes, whatever—or being given in trade various things by others or, again, being born into the world with various assets or attributes that may well be used to create wealth through production, use or exchange.
A truly free society, then, does not belong to anyone but is a region wherein individuals are free to come to own things. It is one within which those who live there are free to embark on actions that involve, among other things, the acquisition of property. That is part of being free, not being coerced by others to give up what one has peacefully acquired, not be prohibited by others from embarking on various actions, including peaceful acquisition (including production and trade).
In short, a free society is based on principles of individual rights, not on having gained permission from prior owners of the society on analogy with how a renter of a stall in an antique mall comes into possession of that stall. In free societies ownership is a right everyone has by his or her nature as a human being and it isn’t granted as a privilege by a prior owner, ad infinitum.
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[1] Liam Murphy and Thomas Nagel, The Myth of Ownership (London: Oxford University Press, 2002).
[2] Craig Duncan & Tibor R. Machan, Libertarianism, For and Against (Rowman & Littlefield, 2005), p. 46.
[3] Robert Nozick, Anarchy, State, and Utopia (New York: Basic Books, 1974).
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