Roderick T. Long  BUY MY BOOK OR ELSE!

Archives: November 2004

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Goodbye and Good Riddance

[cross-posted at Liberty & Power]

I’m tempted to cheer Tom Ridge’s departure. Problem is, I cheered when Janet Reno left, and they replaced her with John Ashcroft; then I cheered when Ashcroft left, and they’re replacing him with Torture Bertie. So there’s no reason to think Mr. Panic Button’s replacement is going to be any sort of improvement. Still I can say this much: I won’t miss Ridge. Not even a little bit.


Posted November 30th, 2004

Permalink: praxeology.net/unblog11-04.htm#30

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When Good Texans Do Bad Things

[cross-posted at Liberty & Power]

Don’t miss a great LRC piece by Jeff Tucker today on The Glories and Pathologies of Texocentrism.


Posted November 30th, 2004

Permalink: praxeology.net/unblog11-04.htm#29

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Fiery Braille?

[cross-posted at Liberty & Power]

Do you have a “pre-9/11 mindset”? I do! For some reasons why that might not be such a bad thing, see my article on LRC today.

Update:

By coincidence, Radley Balko’s piece today makes many of the same points I did.


Posted November 29th, 2004

Permalink: praxeology.net/unblog11-04.htm#28

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Thanksgiving Proclamation

How much lunacy can you pack into a single sentence?

Nope, sorry; whatever you might have come up with, Thomas Friedman has it beat with his winning entry:

I want to take time on this Thanksgiving to thank God I live in a country where, despite so much rampant selfishness, the public schools still manage to produce young men and women ready to voluntarily risk their lives in places like Iraq and Afghanistan to spread the opportunity of freedom and to protect my own.
For discussion see here.


Posted November 28th, 2004

Permalink: praxeology.net/unblog11-04.htm#27

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Mirabile Dictu

Suppose you are committed to accepting both the inviolability of physical law and the veracity of the Bible. How do you handle Biblical accounts of miracles? This is the question that my friend Bob Murphy (with whom I’ve had theological squabbles previously) addresses in two recent posts, In Defense of Christian Fundamentalists and On Miracles.

Maybe you have no interest in accounting for miracles, or for “paranormal” events of any kind. But similar problems arise in reconciling free will with physical law – and rejecting free will is not a conceptually coherent option. (See here and here.) So there’s no avoiding the problem, in some form, of fitting together physical law with aspects of human experience that seem to transcend it. Anyway, my present concern is not with whether having these joint commitments is right or wrong, but with how they might best be reconciled if, like Bob, one does have them.

For Bob, it makes no sense to hold that that “God is not bound by natural laws,” because such laws simply describe how the world actually works; any deviation from what we thought was natural law will thus show, not that a law has been violated, but that what we thought was a law was not one. (Strictly speaking, what Bob says is that “the laws of nature merely describe the relationship between the physical world at some time T1 and a later time T2.” This I think is not quite right, since it leaves out the most important feature of causal laws, namely that they support counterfactuals; but I can’t see that this point matters for present purposes.) It follows that “there is no such thing as a supernatural event,” since “it is impossible to violate the laws of nature.”

Bob concludes that the healings of Jesus depended solely on “the power of suggestion in overcoming psychosomatic maladies,” so that “if an atheist physicist or chemist were to observe, say, a blind man being healed by Jesus, they would not notice anything odd at the microscopic level.” Likewise with Jesus’ resurrection from the grave; because Jesus “walked probably hundreds of miles, certainly didn’t eat junk food, was a carpenter by trade, and had an unimaginable mental and physical discipline,” there’s nothing physically impossible in the supposition that “this man could have been nailed to a cross, buried in a cave, and some thirty to forty hours later get up.”

But Bob doesn’t take himself to be debunking the miraculous character of these events. Since God created both the laws of nature and the initial causal conditions, God was able to set things up from the start in such a way as to guarantee that Jesus would survive crucifixion, that the people Jesus tried to heal would get healed, and so forth.

I see three problems with Bob’s solution. First, as Bob acknowledges, it’s much harder to see how the really fancy miracles, like walking on water or ascending into heaven, could be accounted for in purely naturalistic terms – yet Bob is committed to accepting those stories too. (And things really get tricky if we try to handle the Old Testament miracles too, like Eve arising from Adam’s rib or Joshua stopping the sun.)

Second, since on present scientific understanding the most basic laws of physics are probabilistic, simply setting the laws and initial conditions is insufficient to determine what happens down the line. (Of course Bob thinks that God sustains the whole process rather than merely kicking it off. But since on Bob’s view God sustains it in such a way that it’s just as if he had merely kicked it off, it’s not clear that this will solve the problem.)

Third, it seems at least awkward that on Bob’s view, the fact that God exists makes no difference to what happens; everything proceeds just as it would have if the atheist were right. Not only does this seem to downgrade God’s status in a way that most theists would find unacceptable, it also makes religious belief much harder to defend, since any evidence one might offer for God’s existence would still exist even if God did not exist.

Is there any way of reconciling miracles with causal law that avoids these problems? I think there are at least three ways.

The first way is this: since causal laws generally take the form “disposition D manifests itself in circumstances C,” one could simply hold that God’s, or such-and-such a mind’s, willing something is one of those circumstances C. (Of course I don’t think it makes sense, except metaphorically, to talk of God’s willing anything, but that’s another issue.) So, for example, Jesus’ walking on the water doesn’t violate physical law if we include not only facts about weight and density but facts about God’s or Jesus’ will among the circumstances in which the disposition to float is manifested. It might seem cumbersome, or in conflict with Bob’s desire for causal simplicity, to have the fundamental laws of nature mention voluntary agents. But Bob himself presumably thinks there’s at least one fundamental law like that: namely, the law “if God wills that something be the case, then it will be the case.” It makes no sense to think of God as creating that law, since that law would already have to hold in order for God to create anything.

The second way, however, allows one to avoid having anyone’s will mentioned in the laws of physics, assuming one wants to avoid that. This way takes advantage of the aforementioned fact that the laws of physics are merely probabilistic. Hence all the Biblical miracles are already physically possible, i.e., there is a very small, but non-zero, probability that all the particles in Jesus’ body might suddenly, indeterministically, assume the trajectories needed for him to walk on water, etc. The physical laws thus make the miracles possible, but God or some other mind determines whether they actually happen, in effect selecting from the menu of possibilities provided by physical law. The advantage of this rather Kantian reading over Bob’s own somewhat similar theory is that there is no need to water down the miracles by suggesting that only psychosomatic illnesses were cured, or that while Jesus could survive crucifixion he couldn’t have survived beheading.

One might think this second way is just a variant of the first way, in that acts of will are among the conditions mentioned in physical laws. But I don’t think so. All that the physical laws determine is the probabilities of certain events, and the acts of will don’t alter those probabilities at all; the act of will doesn’t make the miraculous event more probable, it just makes the event happen. (The relevance to the free will problem is obvious.)

The third and most radical way – and the one which, whatever its intrinsic merits, seems to me to come the closest to capturing whatever it was that Jesus was trying to teach – would be the Christian Science approach, according to which only spiritual causation is real, so that so-called “miracles” represent not a departure from, but rather a demonstration of, the normal order of the universe, while apparent physical law represents spiritual law muddled or misunderstood.

The choice among these options (or the construction of a fourth) I leave to the reader.

A final point about free will: Bob suggests that “God designed the laws of nature such that our human wills have the semblance of control.” In other words, God set things up in such a way that at the exact moment when I will decide to raise my arm, my arm will be raised by purely physical causes. (Previous theologians to hold this sort of view include al-Ghazali, Malebranche, and Leibniz.) My objection to this solution is that if, as I hold, we genuinely have free will, then it is impossible for any mind, even God’s, to predict with complete certainty how we will act, because, as Aristotle showed, there is just no such thing, yet, as what we will do, so there’s nothing for God to know. Hence even God could not pre-arrange a simultaneous correlation between our free choices and their neurophysiological correlates. (Nor will placing God outside of time help, since any given moment that he considers must be, from his point of view, either settled or not settled, and if it’s already settled, he can’t intervene, while if it’s not already settled, he can’t know which intervention to make.) Rather, I would say that we determine the neurophysiological correlates of our choices by making the choices those correlates underlie. And our doing so can be reconciled with causal law in any of the three ways described above.


Posted November 27th, 2004

Permalink: praxeology.net/unblog11-04.htm#26

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L&P-ers in RAE

[cross-posted at Liberty & Power]

The latest issue of the Review of Austrian Economics is out this week; this one features an article by L&P-er Steven Horwitz on the Misesian microfoundations of Hayekian social order; Steven’s review of L&P-er Chris Sciabarra’s Total Freedom; and my own article offering a Wittgensteinian defense of Misesian methodology. Tolle, lege.


Posted November 27th, 2004

Permalink: praxeology.net/unblog11-04.htm#25

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The Watchables

I just got back from seeing The Incredibles. The previews had not made me particularly inclined to see it, but everyone kept telling me how great it was, plus all the buzz about its Randian elements (see here and here) piqued my interest; so off I went.

Well, it was sheer delight! I won’t say too much, so as not to spoil the film for anyone who hasn’t seen it, but the previews were quite misleading – especially that first one, none of the footage from which actually appears in the movie itself! The previews led me to expect a less subtle, less beautiful, more farcical film.

I see what people mean about the Randian aspect, but Rand didn’t exactly invent the idea in question. I was more struck by the sly references to the world of contemporary comic books – including not only the obligatory nods to X-Men (definitely comics references, not just movie references), Superman, and The Fantastic Four, but also invocations of the darker territory explored by such classics as Watchmen, Marvels, Kingdom Come, and The Dark Knight Strikes Back.

One doesn’t have to pick up on those references to enjoy the movie, however – as is evidenced by this review from Anthony Quinn (no, not that Anthony Quinn), who praises the film for avoiding the “cultural hipness” of “cute references to other movies.” That the movie might be engaging in culturally hip references to comic books obviously never occurs to Quinn, who can innocently describe one character’s “power to disappear at will and throw a protective force-field around her” as “a nice exaggeration of a shy teenager’s longing to shrink from notice,” with no apparent recognition that these two powers might have been famously combined before. Another character is an obvious nod to the Flash, yet the only comparison that comes to Quinn’s mind is the Roadrunner! But then, Quinn’s ignorance of the world of contemporary comics is so staggering that he can also describe yet another character’s “anti-democratic sentiment that aligns him with Nietzsche” as “a first for a cartoon character, I fancy.” Obviously he thinks comic books are still mindless fluff for kiddies; but should he really be reviewing a movie that’s based on a genre he knows nothing about?

Okay, this post started off as a review of The Incredibles and it’s turning into a rant against this guy Quinn, so I’ll cut it short. Go see the movie, and go read some good comics.


Posted November 25th, 2004

Permalink: praxeology.net/unblog11-04.htm#24

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The Schoolhouse Door

In this past election, Alabamians had an opportunity to vote on a provision reading as follows:

Proposing an amendment to the Constitution of Alabama of 1901, to repeal portions of Section 256 and Amendment 111 relating to separation of schools by race and repeal portions of Amendment 111 concerning constitutional construction against the right to education, and to repeal Section 259, Amendment 90, and Amendment 109 relating to the poll tax.
The amendment didn’t pass.

The meaning of the proposal is less than crystal clear, but here’s what it’s about. The Alabama constitution still contains language to the effect that “Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race.” It’s not enforced, of course; but there it is on the books, an ugly stain stinking up the whole law code. Amendment 2 would have repealed that language.

So does the fact that the amendment failed mean that Alabama is filled with unreconstructed racists? I don’t think so. I’m sure some of the people who voted against Amendment 2 did so for racist reasons, but I reckon most of the amendment’s opponents either had no idea what it was about at all (quite understandably, if all they saw was the wording on the ballot), or else were worried about the further provisions that the amendment’s drafters decided (rather imprudently if their motives were innocent; rather duplicitously otherwise) to tack on.

The most important of these add-ons was a repeal of the provision that “nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order.” While the denial of a “right to education or training at public expense” sounds libertarian, the further language makes it obvious that this too was written with segregationist motives. But that doesn’t mean that those who opposed repealing it had segregationist motives themselves (nor, on the other other hand, does it mean that they were libertarians about public education). What some opponents of the amendment claimed was that repealing that section would have, in practice, the effect of authorising judges to bypass both the legislature and the voters to impose tax increases for the purpose of funding education – thus slipping in through the back door the theocratic tax hike that failed at the polls last year. Voters who accepted that argument then saw Amendment 2 as offering them a choice between an extremely obnoxious provision that wouldn’t be enforced and a moderately obnoxious provision that would be; unsurprisingly, they preferred the former. Esse quam videri, as another state’s motto has it.

Was the tax-based argument against Amendment 2 a sound one? I don’t know. I certainly have good reason to distrust the motives of the politicoes who crafted the amendment’s muddled wording; but then I have equally good reasons to distrust some of the bill’s opponents, like judicial murder advocate Roy Moore. What I do know is that I personally could not bring myself to vote either for the amendment (thus endorsing a mythical right to be educated at other people’s expense, itself a form of slavery) or against the amendment (thus endorsing repulsive segregationist language), so I left it alone. But I can certainly see how people could have honest and creditable motives for voting either for it (thus taking a stand against Alabama’s ugly legacy of segregation) or against it (thus avoiding the risk of a tax increase), so I’m not inclined to impugn the motives of voters on either side.

Needless to say, however, voters on both sides have been busy impugning each other’s motives; and some supporters of the amendment have claimed that people morally ought to have voted for it even if it would have meant a tax increase, since selfish concern with avoiding taxes should take a back seat to a chance to strike nobly against racism. This is the context for the following letter to the editor, published in today’s Opelika-Auburn News:

To the Editor:

Mrs. F. W. Kerry writes that those who voted against Amendment 2 because they thought it would fuel a tax increase were placing greed above racial tolerance.

I don’t know whether Amendment 2 would have paved the way for a tax increase or not; but I suspect most of those who voted against it (I’m not one of them) did so because the wording on the ballot was so ambiguous that they weren’t sure what it meant, and just felt a vague suspicion that something was being put over on them.

My main quarrel with Mrs. Kerry’s letter, however, is with her assumption that anyone who votes against higher taxes is doing so out of “greed,” i.e., fear that his or her own taxes will be raised.

First, I can’t see why desiring to devote one’s income to the support of one’s own family and to the fulfillment of one’s own responsibilities, rather than having it expropriated by a wasteful and corrupt state bureaucracy, counts as “greed.”

But second, what is the basis of this rather insulting assumption that anyone who opposes higher taxes is worried solely about his or her own taxes? The best reason to oppose any tax hike is concern for all of Alabama’s working poor, who will in practice bear its chief burden, directly or indirectly.

Certainly our state services are pitifully underfunded. But do the current spending priorities of the good ol’ boys in Montgomery really merit confidence that additional tax revenue would be wisely spent?

Those who are moved by the plight of the poor and disenfranchised would be better advised to work for a radical redistribution of power from the political-corporate class to working people themselves in free association, rather than diverting further productive resources into the kleptocratic sinkpit of Montgomery.

Roderick T. Long

Posted November 22nd, 2004

Permalink: praxeology.net/unblog11-04.htm#23

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Better Dead Than Opiated

[cross-posted at Liberty & Power]

If you think the War on Drugs is a threat to freedom in the U.S., wait till you see what it means for Afghanistan.


Posted November 21st, 2004

Permalink: praxeology.net/unblog11-04.htm#22

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Arrows of Desire

V is coming!

No, not that evil-lizards-from-space TV series, or the Pynchon novel either. I’m talking about V for Vendetta, the classic Alan Moore comic about a subversive masked rebel in an alternate-history fascist Britain. It looks like Moore’s haunting tale of a morally ambiguous anarchist hero (incidentally the inspiration for Alan Grant’s somewhat similar – though not quite so morally ambiguous – character Anarky) will finally be making it to the big screen.

Check out this story – and add it to the list of promised movies I’m patiently awaiting, including Atlas Shrugged, A Princess of Mars, and Babylon 5: The Memory of Shadows.


Posted November 18th, 2004

Permalink: praxeology.net/unblog11-04.htm#21

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Anarchy Plus

Commenting on my recent post God and the State (and speaking whichly, don’t miss Bakunin’s original), B. K. Marcus (creator of the anarchist website BlackCrayon.com) raises some worries (see here and here) about my claim that the “oppressive power of the state [is] only one component of an interlocking system of mutually reinforcing economic and cultural elements,” so that “the struggle for liberation cannot be a narrowly political struggle, but must be an economic and cultural struggle as well.”

To the contrary (though he charmingly suggests that my dissent makes him question his position!), Marcus argues that because it’s so difficult to determine “which aspects of bourgeois and capitalist history were the result of voluntary, spontaneous order, and which aspects were artifacts of the State,” it’s “dangerous to fight candidate symptoms of statism, since our candidates are so often wrong.” Contrary to left-anarchists and conservative anarchists, who both “combine an anti-political agenda with a cultural agenda” (though they disagree as to which cultural agenda to support), Marcus endorses “liberal anarchism,” which counsels anti-statists to “remain agnostic on the cultural symptoms of statism and embrace whatever peaceful order might emerge from voluntary contracts and private property.”

Our disagreement is not an outright opposition. I agree that anarchists can often be too quick to assume that a stateless society will assume a particular shape. For example, I’m equally skeptical of the right-anarchist assumption that all/most protective associations will/should look like capitalist firms and of the left-anarchist assumption that that all/most protective associations will/should look like worker’s co-ops. Gee, I dunno; each model has its own advantages and disadvantages, and will probably attract its own clientele. Which model (if either) will dominate? Who can say?

Moreover, I strongly reject the notion that a free society requires any specific set of cultural values; on the contrary, I think it probably requires the reverse. (For the advantages to liberty of a pluralistic and multicultural context, see here and here.) While Keith Preston in this piece states the case more strongly than I would, I agree with his suspicion of the “universalist presumption adhered to by virtually all modern political thinkers, whether they be of the liberal, Marxist, conservative, neoconservative, libertarian or left-anarchist variety,” with its associated “tendency to interpret the world from the perspective of abstract ideological principles regarded as above and beyond the lived experience of real world human beings.”

But while I agree with Marcus and Preston that an anarchist society neither will nor should be economically or culturally monistic, I do think anarchy is likely to fare better in some contexts than in others, and indeed that some contexts, while not technically inconsistent with anarchism, are very likely to undermine it in practice. There is no one economic or cultural model that an anarchist society must follow, but it seems reasonable to suppose that there is some (broad, but not infinite) range within which the prevailing economic and cultural forms in a society must fall if anarchy is to survive. As I’ve written elsewhere:

A number of novels have been written about visitors from a statist society to a libertarian one. ... One feature they seem to have in common is a thoroughgoing cultural uniformity; the citizens of these libertarian utopias agree about nearly all the basic questions of morality, religion, and even art. ... This kind of uniformity is implausible. Not even collectivist societies are characterized by that much agreement. And an individualist society is especially unlikely to be so, since it will be a refuge for idiosyncratic mavericks of all varieties.

Some libertarians (particularly, but not solely, Randians) think that a libertarian society cannot survive without a very specific cultural base. If this were true, then the prospects for libertarianism would be dismal indeed, since widespread cultural uniformity is hard to maintain without government intervention.

I think this scenario is too pessimistic. Even if there is just one set of ideas that correctly identifies the reason that libertarianism is the best political system, a libertarian society can still survive if there is widespread agreement that libertarianism is best; there need not be a consensus on why it is best. (Compare: contemporary statist society survives because most people think it best, though they too do not agree on why.)

I agree, then, that a free nation will prosper only in a favorable cultural context. But such a context can be a constellation of quite diverse and even incompatible sets of ideas; it need not be a single monolithic package.
In short, I’m arguing for a combination of generic universalism with specific pluralism. That is, any anarchist society, to be viable, needs to draw its dominant economic and cultural forms from the same general set, but specific selections within that set are optional. Hence the anarchist must walk a delicate line between the Scylla of excessive pluralism and the Charybdis of excessive monism. After all, as I argued in my debate with Robert Bidinotto (see here, here, and here), no politico-legal framework – whether statist or anarchist – exists independently of the behaviour it constrains. And as Gustav Landauer is reported to have said: “The State is a condition, a certain relationship between human beings, a mode of human behavior; we destroy it by contracting other relationships, by behaving differently.” Since the presence or absence of the State is determined by the way people behave, and that in turn is heavily influenced by economic and cultural structures, the notion that anarchy can be entirely neutral among such structures seems hard to defend. (Of course, anarchy will be neutral in the sense that no one will be compelled to abandon the “wrong” economic and cultural forms, so long as they’re peaceful; getting rid of such compulsion is the whole point of anarchy. But unless better forms prevail, by peaceful means, the survival of anarchy is imperiled.)

Of course we can make mistakes about which economic and cultural models do or don’t “fit” with anarchy. But then, we can make mistakes about anything. I don’t see any reason for greater epistemic caution on economic and cultural matters than on political ones.

Moreover, it’s not as though the only reason to combat a particular economic or cultural form is that it reinforces or is reinforced by statism. Statism isn’t the only bad thing in the world, after all; call me sentimental, but I think patriarchy, racism, fundamentalism, and corporate power would be worth combating even if they had no connection whatever to statism.

That doesn’t mean that all social interactions should be pressed into a single cultural mold. Just as more than one set of values is compatible with anarchism, so more than one set of values is worth championing for its own sake. On this issue too I favour a combination of generic universalism with specific pluralism. I’m inclined to agree with the Roman philosopher Cicero that the good life for a human being is a matter of living up to the requirements of four personæ (roles, characters) – a general one common to all rational beings, and three more precise specifications deriving from the individual’s inborn talents, social context, and personal choice respectively:

We must realize also that we are invested by Nature with two characters, as it were: one of these is universal, arising from the fact of our being all alike endowed with reason and with that superiority which lifts us above the brute. From this all morality and propriety are derived, and upon it depends the rational method of ascertaining our duty. The other character is the one that is assigned to individuals in particular. In the matter of physical endowment there are great differences: some, we see, excel in speed for the race, others in strength for wrestling; so in point of personal appearance, some have stateliness, others comeliness. ...

Everybody, however, must resolutely hold fast to his own peculiar gifts, in so far as they are peculiar only and not vicious, in order that propriety, which is the object of our inquiry, may the more easily be secured. For we must so act as not to oppose the universal laws of human nature, but, while safeguarding those, to follow the bent of our own particular nature; and even if other careers should be better and nobler, we may still regulate our own pursuits by the standard of our own nature. For it is of no avail to fight against one’s nature or to aim at what is impossible of attainment. From this fact the nature of that propriety defined above comes into still clearer light, inasmuch as nothing is proper that “goes against the grain,” as the saying is – that is, if it is in direct opposition to one’s natural genius.

If there is any such thing as propriety at all, it can be nothing more than uniform consistency in the course of our life as a whole and all its individual actions. And this uniform consistency one could not maintain by copying the personal traits of others and eliminating one’s own. …

To the two above-mentioned characters is added a third, which some chance or some circumstance imposes, and a fourth also, which we assume by our own deliberate choice. Regal powers and military commands, nobility of birth and political office, wealth and influence, and their opposites depend upon chance and are, therefore, controlled by circumstances. But what role we ourselves may choose to sustain is decided by our own free choice. And so some turn to philosophy, others to the civil law, and still others to oratory, while in case of the virtues themselves one man prefers to excel in one, another in another.
In ethics as in politics, then, we must strike the right balance, the Golden Mean, between excessive universalism and excessive pluralism. As always, I favour moderation in all things.

(Well, okay, not really.)


Posted November 17th, 2004

Permalink: praxeology.net/unblog11-04.htm#20

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Copyrights and Contracts

On its links page, the Free Software Foundation links to my 1995 article The Libertarian Case Against Intellectual Property Rights, but adds a note saying “The Free Software Movement does not endorse Libertarianism, and we do not agree entirely with that article. But it is useful for refuting one specific argument that is made in favor of proprietary software.” They also add a link to a short piece by Richard Stallman titled Comments on Roderick Long’s Article, which reads in its entirety as follows:

Free software is a matter of freedom. From our point of view, precisely which legal mechanism is used to deny software users their freedom is just an [implementation] detail. Whether it is done with copyright, with contracts, or in some other way, it is wrong to deny the public the freedoms necessary to form a community and cooperate. This is why it is inaccurate to understand the Free Software Movement as specifically a matter of opposition to copyright on software. It is both more and less than that.

However, you will often hear people of right-wing ideological persuasion argue in [a] vague way that some general moral principle of property rights compels us to cede our freedom to a system of copyright, regardless of how this affects our way of life. The right-wing Libertarian counterargument, coming as it does from a group that regards property rights as the highest moral principle, is useful as a refutation. It shows that even if you adore property rights for physical objects, you are not compelled to accept copyright.
In mentioning contracts, Stallman is presumably thinking of the following line from my article:

There are other legal options available to the creators of intellectual products. For example, many software manufacturers can and do place copy-protection safeguards on their programs, or require purchasers to sign contracts agreeing not to resell the software.
I’ll leave aside Stallman’s peculiar characterisation of my position (as a left-libertarian, I certainly don’t think of myself as a person of “right-wing ideological persuasion”; and I’m also pretty sure that most libertarians, whether left or right, don’t “regard property rights as the highest moral principle”) to focus on the question: is the difference between copy restriction via contracts and copy restriction via copyright merely an “implementation detail”?

Let’s grant that copy restriction is usually a bad thing regardless of how it is achieved. From that fact, it doesn’t automatically follow that all ways of achieving, or again of preventing, that bad thing are morally equivalent. Unless one believes that all moral behaviour should be enforced at the point of a gun, one must acknowledge a distinction between wrong actions that one has a right to commit and wrong actions that one does not have a right to commit. Part of the difference between justice and generosity, for example, is that generosity is the virtue of giving what we have a right to withhold, while justice is the virtue of giving what we have no right to withhold.

Suppose, then, that I transfer to you (whether by gift or sale) some software (meaning not the abstract, repeatable, item, which I claim is unownable, but, say, a particular physical disk) on condition that you do not copy it (and you accept this condition). Now if I have a right either to do X or to refrain from doing X, and you have a right either to do Y or to refrain from doing Y, it’s hard to see how I could fail to have a right to make my doing X conditional on your doing Y. But this is precisely what grounds contractual obligations: if I transfer the disk to you on condition that you not copy it, and you violate that condition, then the requirement for the transfer’s having been voluntary is not met, and so you have in effect stolen my disk. Hence the enforcement of copy protection via contract is legitimate, while the enforcement of copy protection via copyright is not. Such contracts may be bad things, to be combated via boycotts and moral suasion, but people have a right to enter them and to enforce them. (The same argument applies to a technologically copy-protected disk; such practices may be regrettable, but one has a right to configure one’s disk in whatever annoying manner one prefers. Being in favour of free software presumably doesn’t mean being willing to do absolutely anything, up to and including the enslavement of other people, to free a given piece of software.)

Having said that, however, I must also add that, happily, the kind of copy protection afforded by contract is much weaker than that provided by copyright; for it requires genuine consent on the receiver’s part. When you find, inside a package, after you’ve already bought it, a note saying that opening a second package within the larger package counts as agreeing to some contract, such a claim is absurd. If you buy it without having had an opportunity to consent to the note, then you already own all the contents, whatever the note may say. (The idea that in buying the package we tacitly agree to abide by any notes inside or else return the package might be defensible if this presumption were more widely known and accepted, as it is known and accepted that people who sit down in a restaurant and ask for food will be billed for it; but this is certainly not the case at present.)

Moreover, given a transfer-of-alienable-rights-only view of contracts (see Rothbard’s Property Rights and the Theory of Contracts, Barnett’s Contract Remedies and Inalienable Rights, and my Slavery Contracts and Inalienable Rights) and a restitutive conception of rectificatory justice (see my Punishment vs. Restitution), if the receiver violates the contract by copying the disk and distributing the information thereon, all that enforcing the contract can mean is that the receiver has to give back the disk plus pay some damages; on my understanding of libertarian rights, the court cannot legitimately halt the dissemination of the information (since the other parties who receive it aren’t receiving stolen property – the information isn’t property – and so are violating no rights). Thus not all details of implementation are equal, either in their intrinsic moral status or in their consequences.


Posted November 17th, 2004

Permalink: praxeology.net/unblog11-04.htm#19

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The Open-Source Society and Its Enemies

[cross-posted at Liberty & Power]

Microsoft is apparently now attempting to use patent law as a club against open-source competitors like Linux, as well as against the basic protocols of the internet itself; see the story here.

Anyone still think intellectual property laws are something other than pure evil?

Écrasez l’infâme!


Posted November 16th, 2004

Permalink: praxeology.net/unblog11-04.htm#18

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A Brave New World of Philosophy?

In a recent essay that has been getting some attention online, UC Berkeley philosophy professor John R. Searle argues that developments in science over the past century have made possible a new way of doing philosophy. The thesis of Searle’s Philosophy in a New Century is that the premise on which the “modern era in philosophy, begun by Descartes, Bacon, and others in the seventeenth century, was based … has now become obsolete.”

That premise, Searle suggests, was the assumption that “the very existence of knowledge was in question and that therefore the main task of the philosopher was to cope with the problem of skepticism.” Descartes, for example, had famously started off his 1641 Meditations on First Philosophy by wondering whether he could prove for certain that he wasn’t dreaming or deluded throughout his life, while David Hume raised doubts a century later, in his 1740 Treatise of Human Nature, about such matters as the existence of causation and the reliability of induction.

 John R. Searle But in the years since then, according to Searle, “the sheer growth of certain, objective, and universal knowledge” – i.e., the progress of science – has made it “psychologically impossible for us to take Descartes’s project seriously in the way that he took it: We know too much.” Such Cartesian questions as “How do I know that I am not a brain in a vat, not deceived by an evil demon, not dreaming, hallucinating, etc?” may constitute “an interesting paradox,” but although it is “a nice exercise for philosophers to resolve the paradox,” still “no one should doubt the existence of knowledge” because of it; “the sheer weight of accumulated knowledge is now so great that we cannot take seriously arguments that attempt to prove that it doesn’t exist at all.”

Since “the possibility of knowledge is no longer a central question in philosophy,” Searle concludes, “it is now possible to do a new kind of philosophy” which “begins, not with skepticism, but with what we all know about the real world” – a body of objective knowledge including both such common-sense facts as “that we are all conscious, that we all really do have intentional mental states, that we form social groups,” etc, and also such deliverances of science as “the atomic theory of matter and the evolutionary theory of biology.”

How should Austro-Athenians greet Searle’s pronouncement? I think the proper reaction is a mixed one. For while Searle’s rejection of Enlightenment-era skepticism is laudable, his perspective arguably shares with the thinkers he criticises a certain kind of deference to empirical science which more traditional philosophical realists, whether of an Aristotelean/Thomistic or of a Kantian bent, have reason to regard with suspicion.

This charge of scientism might seem an odd one to raise against Searle, who has devoted much of his career to criticising reductionist accounts of mind, as well as to defending the autonomous reality of sociological facts in terms intriguingly similar to those of Mises and Hayek. (On these topics see, respectively, his books The Mystery of Consciousness and The Construction of Social Reality.) For these reasons Searle deserves our admiration. But all the same, there is something, well, weird about Searle’s argument in this piece.

Certainly we have, as a result of the progress of science, better grounds for confidence in our theories about the physical microstructure of matter today than our ancestors had for confidence in theirs. But do we have better grounds than our ancestors did for believing that we are not dreaming, that a physical world exists, or that other people have minds? I don’t see how. Whether the traditional arguments for skepticism about our common-sense experience are good or bad, it’s difficult to understand how the progress of science could affect them one way or the other. After all, the scientific method presupposes the validity of our common-sense experience; we have grounds to trust what the microscope tells us only if we can assume we’re not dreaming, and we have grounds to trust reports that other scientists have replicated our experimental results only if we’re justified in taking those reports to emanate, in fact, from other scientists, and not from an omnipotent demon or our own subconscious. We cannot sensibly pay any attention to what science says, then, unless our acceptance of common-sense experience is already legitimate, prior to any scientific discoveries.

Searle seems to think that our present-day context, the modern high-tech world, has rendered skepticism especially incongruous:

There is something absurd about the post-modern thinker who buys an airplane ticket on the internet, gets on an airplane, works on his laptop computer in the course of the airplane flight, gets off of the airplane at his destination, takes a taxicab to a lecture hall, and then gives a lecture claiming that somehow or other there is no certain knowledge, that objectivity is in question, and that all claims to truth and knowledge are really only disguised power grabs.
I agree that in the case Searle describes, the skeptic’s actions belie his doctrine. But I don’t see why airplanes and computers have anything much to do with it. The point that the skeptic cannot consistently live his skepticism was already being made by the ancient Greeks. Grant that the conduct of Searle’s globe-trotting postmodernist is absurd; why would it be any less absurd for a mediæval scholar to sail from London to Rome in a sturdily-built ship navigated by astrolabe, visit the Pantheon whose massive dome lets in air but repels rain, and there hold forth on skepticism? Indeed, why would it be any less absurd for the skeptic simply to walk down the street, trusting the ground to hold him up? What has the advancement of science got to do with it?

In short: if skepticism was well-founded in Descartes’ era, isn’t it just as well-founded today? Or if it is ill-founded today because the skeptic can’t reconcile his views with his actions, why wasn’t it already ill-founded in Descartes’ time for just the same reason?

There is nothing new about a philosophy that “begins, not with skepticism, but with what we all know about the real world.” Aristotle defended just such an approach in the 4th century BCE. (I make the case for Aristotle’s position elsewhere; see here and here.) Thomas Aquinas and his Scholastic successors defended it too, in the late Middle Ages; Thomas Reid defended it in the 18th century, and G. E. Moore in the 20th. None of these thinkers rested their case on the progress of science. Moreover, philosophers from Immanuel Kant (Critique of Pure Reason) and Friedrich Nietzsche (Twilight of the Idols) to Ludwig Wittgenstein (On Certainty) and Ayn Rand (Introduction to Objectivist Epistemology) have argued, to my mind persuasively, that skepticism involves a conceptual mistake – that our very ability to formulate the hypothesis of global skepticism presupposes the objectivity of just those concepts that the skeptical hypothesis attempts to place in doubt. (One way of putting the point is this: the concept “seems red” presupposes the more basic concept “red,” and since part of having a concept is being able to apply it reliably, no one could raise the question “this seems red, but is it really?” – a question whose formulation requires competence with the concept “red” – unless she were ordinarily in a position to answer it.) This diagnosis of the error in skepticism likewise makes no appeal to scientific progress or the lack thereof.

Searle himself points out a fallacy of traditional skepticism: the assumption that “certainty implies incorrigibility by any future discovery.” Being certain of a proposition, Searle notes, “does not imply that we could not conceive of circumstances in which we would be led to abandon” that proposition, and so the mere possibility of such circumstances is no argument for skepticism. That strikes me as right; but the insight that the actuality of knowledge is perfectly consistent with the possibility of error is not exactly a new philosophical idea, and seems just as available before scientific progress as after it.

It’s puzzling, then, that Searle thinks science is what frees us from skepticism. In this respect Searle is seen to be in unexpected agreement with the philosophers of the 17th and 18th centuries whom he is taking to task for their exaggerated epistemological worries. The early modern philosophers saw the progress of science as making a case for skepticism (since if new discoveries had overthrown so many previous assumptions, might it not end by overthrowing them all?); Searle instead sees it as making a case against skepticism. But both Searle and those he criticises are alike in seeing empirical scientific discoveries as having an epistemological significance that they cannot plausibly have. Arguments for and against the veracity of our ordinary experience are, arguably, conceptually upstream from any discoveries in science; if the practice of science presupposes the reliability of common sense, it’s hard to see how the justification of our common-sense beliefs could turn on scientific discoveries one way or the other. Both Searle and the Enlightenment skeptics, whatever their differences, are trying to make philosophy depend on empirical science, as though empirical science itself had no philosophical presuppositions.

For Searle, “because we are no longer worried about the traditional skeptical paradoxes and about their implications for the very existence of language, meaning, truth, knowledge, objectivity, certainty, and universality,” philosophers “can now get on with the task of general theorizing.” But this theorising, he assumes, will depend on the findings of science. The age-old philosophical problem of the nature of mind and its relation to the body, for instance, is, Searle assures us, “a straight neurobiological problem,” namely, “how exactly do neurobiological processes in the brain cause conscious states and processes, and how exactly are those conscious states and processes realized in the brain?” But Searle here seems to be eliding the distinction between what John McDowell calls constitutive conditions and enabling conditions. Constitutive conditions for any X determine what X is, while enabling conditions are the underlying factors that make X’s realisation possible in specific circumstances. For example, chemistry can tell us what texture and composition a given material must have in order to maintain a cubical shape at a given temperature, and so in one sense tells us what “makes” something a cube; yet this does not make cubicality a chemical property. It is geometry, not chemistry, that tells us what is to count as a cube, and in this task it places no reliance on empirical data; geometry sets the criteria for cubicality (the constitutive conditions), and chemistry then investigates how to meet those criteria (the enabling conditions). One is a geometrical question, the other a physical one. (Compare the relation of praxeology to thymology/psychology in Austrian economics.)

In the same way, neurobiology is concerned with the enabling conditions of mind, but philosophy is concerned with mind’s constitutive conditions; each investigates what “makes” something a mind, but in entirely different ways. Questions about constitutive conditions are logically prior to questions about enabling conditions; one first has to know what something is before one can meaningfully investigate what makes it possible. But the reverse does not hold. Just as the geometer does not need to rely on chemistry in investigating cubicality, the philosopher does not need to rely on neurobiology in investigating the mind; the sorts of questions the philosopher is interested in thus do not depend on neurobiology for their answers. We are in exactly as good a position today to investigate the philosophical problem of mind as Plato, Augustine, and Descartes were – no better and no worse. The neurobiological investigation of mind, by contrast, although it must be informed by philosophy (just as the chemist needs to consult the geometer to learn cubicality’s constitutive conditions), is not a philosophical enterprise at all. Philosophy is concerned with conceptual questions, not empirical ones; hence the idea of philosophy as “queen of the sciences” is no mere mediæval prejudice, but simply a clear recognition of the logical priority involved.

Hence there is an ambiguity in Searle’s insistence that it has become “more and more obvious to a lot of philosophers that our understanding of the issues in a lot of subjects – the nature of meaning, rationality and language in general – presupposes an understanding of the most fundamental mental processes.” If he is talking about understanding the constitutive conditions of our “most fundamental mental processes,” well and good; but if, as his references to neurobiology suggest, he thinks we cannot grasp “the nature of meaning, rationality and language in general” without knowing the physical enabling conditions of these phenomena, then I couldn’t disagree more. How can we identify the neurophysiological basis of meaning, rationality, and language unless we already know what meaning, rationality, and language are? It’s like evaluating recipes for chocolate cake without knowing what chocolate cake is.

Searle’s scientism is further illustrated by his confident dismissal of value-judgments as subjective:

If I say, for example, “Rembrandt was born in 1606,” that statement is epistemically objective in the sense that it can be established as true or false independently of the attitudes, feelings, opinions or prejudices of the agents investigating the question. If I say, “Rembrandt was a better painter than Rubens,” that claim is not a matter of objective knowledge, but is a matter of subjective opinion.
Are there really no criteria for determining artistic value? Is every aesthetic response a mere “prejudice”?  Oh, come on!  Subjective my foot Searle offers no reasons for believing this; one can only assume that he is dismissing the practice of artistic criticism as non-objective because it does not ape the methods of the natural sciences. But if there is something incongruous in a postmodernist skeptic about objective truth using computers and flying in airplanes, it seems equally incongruous for Searle to say, as he presumably does in his private life, “what a beautiful painting!” or “what a lousy movie!” only to take back these claims, in effect, as soon as he dons his philosopher’s hat. In both cases there is a disconnect between one’s philosophical convictions and one’s actual practice. (Searle’s skepticism about value-judgments also sits oddly with his enthusiasm for John Rawls’ book A Theory of Justice, which after all was an attempt to show that certain judgments about justice, at least, can be derived from the conceptual grammar of justice and so are not merely subjective.)

Although Searle is a philosopher who has in many ways “fought the good fight” against scientism, his prescription for a “new kind of philosophy,” I conclude, is a scientistic one and should be resisted.


P.S. – Another couple of points to annoy Austro-Athenians: Searle’s claim that “we lack the categories in which to pose and answer questions dealing with the failure of socialism” suggests unfamilarity with Mises’ calculation argument against state socialism, while his claim that all definitions of socialism “have one thing in common: a system can only be socialist if it has public ownership and control of the basic means of production” likewise suggests unfamiliarity with the Tuckerite tradition of free-market socialism. As in so many cases, mainstream thinkers are only beginning haphazardly to explore territory that libertarians have long since surveyed and mapped.


Posted November 16th, 2004

Permalink: praxeology.net/unblog11-04.htm#17

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 I don't think we're in Mayberry any more ....

Tough Love at 50,000 Volts

[cross-posted at Liberty & Power]

We’re all a little bit safer now that cops in Miami are using Taser stun guns to protect us from children as young as six. Most recently, a twelve-year-old girl was immobilised with a 50,000-volt zap to her neck and lower back, in order to prevent her from ... um ... playing hooky from school.

Well, it’s about time these menaces to public safety got what they deserve! (I mean the kids, of course.)

So remember, kiddies, the policeman is your friend ....


Posted November 13th, 2004

Permalink: praxeology.net/unblog11-04.htm#16

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God and the State

I’ve long been of the school that regards the oppressive power of the state as only one component of an interlocking system of mutually reinforcing economic and cultural elements. Hence I think the libertarian and anarchist political movements cannot afford to focus merely on attacking the state, but must recognise that state power both draws strength from and lends strength to such “private” power structures as patriarchy and corporate wealth.

 Saint George healing the sick If the arrow of support ran solely from the state to these other power structures, then we could afford to focus on the state alone, trusting that these other problems would wither away of their own accord once the state had been defeated. (Call this the “right-wing” temptation for libertarians.) Or if the arrow of support ran solely to the state from such power structures, then we could afford to use the state as a tool to crush the other power structures, trusting the state to become harmless on the absence of such power structures. (Call this the “left-wing” temptation for libertarians.) But if it runs both ways, as I’m convinced it does, then we must set our faces against the entire system of social control in both its state and non-state forms – in which case the struggle for liberation cannot be a narrowly political struggle, but must be an economic and cultural struggle as well. This was the dominant approach of such 19th-century libertarians as Herbert Spencer and Benjamin Tucker, and has been defended more recently by Chris Sciabarra in Total Freedom: Toward a Dialectical Libertarianism.

One of the cultural factors that can work either for or against statism is religion. Today libertarians are deeply divided on the relation between religion and the state. As I’ve noted elsewhere, those of a socially conservative bent

often maintain that a strongly religious society is more apt to remain loyal to the ideals of liberty. Specifically, they claim that religion offers two advantages: that it provides a firmer foundation for moral character and personal responsibility, thus creating a citizenry more honest, self-disciplined, and self-reliant, and so less likely to be tempted to advance themselves at the expense of their neighbors through government coercion – and that it offers the authority of God as an alternative to the authority of the State, and thus serves as a check on governmental aggrandizement.
On the other hand, those of a socially liberal persuasion tend to embrace

precisely the opposite view, that religion is always an enemy of liberty – that by discouraging independent thought, fostering intolerance toward non-believers, and demanding submission to authority, religion simply reinforces habits of mind that predispose citizens to become obedient slaves of the State. For such libertarians, the best guarantor of liberty is a society without religion; hence the laissez-faire utopias of libertarian fiction are frequently atheistic utopias as well ....
My own view is that “the notion, held by many libertarians, that religion is the natural enemy of freedom, is as much a caricature as is the conservative idea that religion is the natural bulwark of freedom.  Saint George raising the dead It all depends on the content of the religious ideas in question.” And I’ve argued previously, against many of my paleolibertarian friends, that the specific cultural values of the religious right are indeed inimical to freedom, and hence that any attempt to combine such values with an anti-authoritarian political stance must in the end be unstable. (When I say that such values are cosmological and ethical analogues of socialism, I mean of course state socialism, and not, e.g., the anti-authoritarian Tuckerite variety.) Thus I regard religious conservatism as a component of the overall control system against which we need to campaign (not instead of, but in addition to, other components such as plutocracy).

All this is by way of introduction to William Marina’s thought-provoking article Empires as Ages of Religious Ignorance, on the relation between centralised militarist statism and anti-rational forms of religion. (And see also Sciabarra’s related post on The Force of Morality.)


Posted November 13th, 2004

Permalink: praxeology.net/unblog11-04.htm#15

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Screen Legends

For that video of George W. Bush cackling and flipping the bird, click here. And for the inimitable song stylings of (mercifully outgoing) Attorney General John Ashcroft as he croons about God and country, try here or here.

Not since Nero’s fiery fiddling have we known such talented and entertaining masters! Plaudite, amici.


Posted November 10th, 2004

Permalink: praxeology.net/unblog11-04.htm#14

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Rednecks or Greenbacks?

[cross-posted at Liberty & Power and Mises Blog]

An interesting economic demographic from Charles Johnson: contrary to much Democratic hand-wringing and Republican gloating, it appears that Kerry won the working-class vote, even in the red states; and the wealthier a voter was, the likelier she apparently was to vote for Bush. Degree of economic benefit from the existing system may thus be a better predictor of Bush support than fundamentalist religious convictions are (though I agree with Chris Sciabarra that the religious issues are relevant).

In other words: perhaps “it’s the plutocracy, stupid!” After all, it’s the economic élite who have traditionally been the chief boosters of the corporatist-imperialist state. (See, e.g., Roy Childs’ Big Business and the Rise of American Statism; Walter Grinder and John Hagel’s Toward a Theory of State Capitalism; Chris Sciabarra’s Understanding the Global Crisis; Joseph Stromberg’s Political Economy of Liberal Corporativism and The Role of State Monopoly Capitalism in the American Empire; and Kevin Carson’s Austrian and Marxist Theories of Monopoly Capital.)


Posted November 10th, 2004

Permalink: praxeology.net/unblog11-04.htm#13

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Exit Strategy

[cross-posted at Liberty & Power]

My recent posts on secession have generated some commentary over at Mises Blog; see here, here, and here.


Posted November 9th, 2004

Permalink: praxeology.net/unblog11-04.htm#12

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Anarchy Means Never Having to Say You’re Sorry

[cross-posted at Liberty & Power]

As a follow-up to my earlier post on the disenfranchisement of the world under American hegemony, check out this site. (Thanks to Cameron for the link.)

Telling the world “sorry” is fine, but what next? Most of the opponents of our Prince President don’t fundamentally question the electoral system itself. They’ve been taught that the only alternatives to “democracy” (and by “democracy” they mean this ritual whereby the populace gets to pick between two marginally different doofuses every four years) are various forms of dictatorship. Few of them yet recognise that there are – to put it somewhat paradoxically – forms of political order more democratic than “democracy.” As long as the “other 49%” still accept the basic legitimacy of the electoral system, their expressions of regret, however sincerely meant (and I do appreciate the “Sorry, Everybody” site – particularly as a counter to the prevailing international tendency to view the entire American populace through the lens of that blood-red electoral map), will ring objectively hollow.

Herbert Spencer argued for the citizen’s right to ignore the state. Now that “democracy” apparently means that 51% of the American electorate gets to rule the other 49%, plus the rest of the planet, what the world most urgently needs is the right to ignore the United States.


Posted November 9th, 2004

Permalink: praxeology.net/unblog11-04.htm#11

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Anarquismo!

[cross-posted at Liberty & Power and Mises Blog]

My Mises U. talk on objections to anarchism has been translated into Spanish by Larry Nieves and is posted over at El Liberal Venezolano. I don’t read Spanish well enough to understand the translation, but there it is.


Posted November 8th, 2004

Permalink: praxeology.net/unblog11-04.htm#10

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Bold Republican Health Care Initiative

Looks like the Prince President is starting to spend some of that “capital” he’s been bragging about. The latest expenditure is in Fallujah, where U.S. troops have attacked a hospital – a terrorist war crime. Compassionate conservatism at work, I guess. See Wendy McElroy’s excellent post, as well as the ensuing commentary.

Sometimes écrasez l’infâme just isn’t sufficient….


Posted November 8th, 2004

Permalink: praxeology.net/unblog11-04.htm#09

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Most Likely to Secede

[cross-posted at Liberty & Power]

In my previous post on secession and the red/blue divide, I forgot to include a link to Secession.net. This is a worthy outfit whose goals include the following:

Legitimatize Secession of Small Political Entities: the United Nations and human rights organizations give lip service support to autonomy and self-determination movements; we promote factual and moral arguments for the right of individuals, communities large and small, and national sub-groups to seek independence.

Promote Nonviolent, Libertarian and Decentralist Political Visions: ones that will replace centralized, authoritarian economic-political institutions and offer concrete nonviolent strategies for achieving true peace, freedom, justice and prosperity.

Influence Existing Secessionist Movements: too many movements want to replace one big, centralized authoritarian state with two or more smaller ones. Only a worldwide movement promoting the radical goals of freedom for individuals and communities can legitimatize the aspirations of hundreds of suppressed national and regional groups for freedom.

Promote New Secession Movements: billions of people are ready for radical decentralist alternatives and secessionist strategy, they just need a firmer philosophical basis and a little encouragement to begin organizing their own movements.

Network among these Movements to coordinate nonviolent secessionist strategies and tactics.
Of course there are also many relevant articles in back issues of Formulations.


Posted November 5th, 2004

Permalink: praxeology.net/unblog11-04.htm#08

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Causes Which Impel

[cross-posted at Liberty & Power]

As the blood-red electoral tide oozed across the map of America’s heartland, many in the blue states were starting to think about secession (see, e.g., here and here). Most such talk has been meant as a joke, but it might be worth taking more seriously. As I’ve suggested before (see here, here, and here), secession is an attractive solution to problems ranging from terrorism to anti-gay laws. The blue states certainly have the population and the economic might to make a go of it on their own; and the division in the country is so strong right now that people who ordinarily wouldn’t consider secession as a serious option might now be more willing to give it a listen. Plus, a successful secession by the blue states would make it easier for black (i.e., anarchist) and sea-green (i.e., libertarian) regions to secede from them. And even an unsuccessful secession campaign would at least give issues of consent, sovereignty, and legitimacy a much-needed airing. So in Rothbard’s words: “U. S. Out of the Bronx!” (For a general discussion of secession see David Gordon’s anthology Secession, State, and Liberty.)

Chuck Munson objects that secession advocates would be abandoning anti-Bush residents of the red states: “If we want to change minds of the folks living in Bush Country, we should support progressives, radicals, and anarchists living and agitating out here.” As a resident of an extremely red state myself, I have no eagerness to be abandoned either; but secession need not equal abandonment. Before the Civil War, many abolitionists favoured secession by the North in order to end the covenant with death and agreement with hell represented by the Constitution’s fugitive slave clause. But they certainly didn’t intend thereby to abandon the slaves; on the contrary, they expected to be able to combat Southern slavery better from outside the Union than from within it. I expect that political activists in seceding blue states would likewise continue to seek influence over events in the Union, just as Europeans tried (unsuccessfully, alas) to influence this past election. (By the way, when Americans complain that Europeans have no business telling Americans how to vote, they seem to be forgetting – even leaving aside considerations of humani nihil a me alienum puto – that the United States is rapidly transforming itself into a world government, and that other countries have accordingly as good grounds for lamenting their lack of representation in American politics as American colonists in 1776 had for lamenting their lack of representation in the British Parliament.)

For those who still find talk of secession far-fetched, Charles Johnson makes a good case for a less extreme form of activism: trying to get referenda on the ballot. Charles writes:

Nearly half of the states in this country empower you and [me] to gather signatures and put laws straight on the ballot without having to lobby legislators or roll logs or hope the least-worst major candidate might consider making a speech about it sometime. … [W]hen I vote on an initiative I don’t have to worry about spoilers, parties, trade-offs between candidates, or anything of the sort. It’s a simple up or down and I can make my choices on each issue on the ballot independently – rather than trying to figure out which dude will line up with more of my choices on the whole than the other (and whether that dude can get elected or whether I should vote for someone who’s a bit worse but in a position to win, and…). … We’ve been building a vast network of interlinked volunteers with a do-it-yourself political ethic …. [H]ow about we start putting those resources to work in the 20-odd states with voter initiatives? (And while we’re at it, bringing them to bear on the state legislature in states that don’t yet have voter initiatives.)
So there’s my suggested solution for the Blues of the Blues: referenda in the short run, secession in the long run. Let’s get to work.


Posted November 5th, 2004

Permalink: praxeology.net/unblog11-04.htm#07

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Feed for Thought

You may notice (see above) that I’ve added an RSS feed for this site. At least I think I have; but after all I’m still a seat-of-my-pants web amateur. Let me know if it works.


Posted November 4th, 2004

Permalink: praxeology.net/unblog11-04.htm#06

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Scene from a Nearby Possible World

I created the following graphic to post in the event of Bush’s defeat. Well, his defeat did not materialize, but I hate to waste a good graphic:


Posted November 3rd, 2004

Permalink: praxeology.net/unblog11-04.htm#05

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A Crumb of Consolation

[cross-posted at Liberty & Power]

One minor (well, okay, very minor) bit of solace regarding today’s election results: according to the count so far, Badnarik received only slightly fewer votes than Nader, despite having been accorded far less publicity by the media. How well might he have done otherwise?


Posted November 3rd, 2004

Permalink: praxeology.net/unblog11-04.htm#04

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Ubi Libertas Ibi Patria  Libertarian Nation Foundation

[cross-posted at Liberty & Power]

The latest (Dec. 2004) issue of Reason magazine has an article by Brian Doherty, “Revolt of the Porcupines!,” about the Free State Project and other attempts to establish autonomous libertarian regions. Because of my history of involvement in the free-nation movement (most notably through the Free Nation Foundation and Libertarian Nation Foundation), Doherty interviewed me some months ago for the story. Here’s the paragraph that features an excerpt from that interview. (Please note that I am not responsible for the misdescription of me as “the” brains behind LNF!)

The Free State Project is the most recent and successful face of libertarian separatism – or, as some call it, libertarian Zionism. To be sure, many involved in the search for new libertarian communities reject such terms. Roderick Long, a philosophy professor at Auburn University and the brains behind the Libertarian Nation Foundation, a group dedicated to theorizing about the possibilities for libertarian polities, tells me he doesn’t like the term separatist because “the attraction is not that I don’t want to live near or interact with nonlibertarians. Most of my best friends are nonlibertarians. We don’t want to live by ourselves but simply want a chance to demonstrate to the world that libertarian principles actually work. We want to escape from government, not escape from ordinary decent people” who happen not to share their political philosophy.

Posted November 3rd, 2004

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Goodnarik Redux

My last post is generating some comment over at L&P; see here, here, and here. (And it’s early yet, so there may be more during the day.)

Also, David Boaz reminds me that Perot did run twice. Oops! Apologies – I plead brain meltdown. But he also reminds me that Perot’s charts and graphs probably had an influence on getting the budget balanced.


Posted November 1st, 2004

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Kerry or Badnarik?

[cross-posted at Liberty & Power]

FERRIS: Are you going to be as impractical as that?
REARDEN: The evaluation of an action as “practical,” Dr. Ferris, depends on what it is that one wishes to practice.
FERRIS: Haven’t you always placed your self-interest above all else?
REARDEN: That is what I am doing right now.


      – Ayn Rand, Atlas Shrugged
While I hear a lot about “undecided voters” on the news, I don’t personally know anybody who is undecided between Bush and Kerry. I do, however, know quite a few people who are undecided between Kerry and Badnarik. I certainly can’t blame anybody who ends up choosing Kerry as a means to unseating the most dangerous president of my lifetime. But as the last grains of pre-electoral sand are running out, I think it’s worth explaining once more why I’m voting for Badnarik rather than Kerry.

Two recent posts (see here and here) from Robert Bidinotto offer a convenient foil. Bidinotto argues that those who support Michael Badnarik (or, as Bidinotto mistakenly calls him, “John” Badnarik) are forgetting that “the ‘perfect’ is the enemy of the ‘good’.” (Whenever anybody invokes that phrase, some compromise of principle always seems to be in the offing.)

Bidonotto aims to be making a case for Bush over Badnarik, rather than for Kerry over Badnarik. That’s because Bidinotto assumes, first, that a Bush victory would promote libertarian values better than would a Kerry victory, and second, that a vote for Badnarik “is a de facto vote for Kerry.” I think the first assumption is clearly false; if we look at results rather than rhetoric, Bush comes out as objectively far more anti-liberty than Kerry. I’m not sure the second is true either; certainly I would vote for Kerry over Bush if I had to choose between the two, and this is likewise true of most of the Badnarik supporters I know – so it’s not obvious that most Badnarik votes would otherwise have gone to Bush. (It’s true, though, that Badnarik, bless him, is specifically targeting Republican voters in an attempt to hurt Bush.)

But Bidinotto’s argument is worth addressing apart from these two assumptions. For if his argument, with those assumptions, makes a case for supporting Bush over Badnarik, then the same argument, without those assumptions, makes a case for supporting Kerry over Badnarik. Thus Bidinotto’s argument counts, objectively, as an argument on behalf of Kerry; those of us who plan to vote Libertarian tomorrow thus need a reply to Bidinotto’s argument in order to justify voting for Badnarik rather than Kerry.

Bidinotto’s argument, briefly, is this: When faced with a choice between voting for a lesser evil (whether you think that’s Bush or Kerry) who can win, or endangering that candidate’s chances by voting for a principled libertarian (which describes Badnarik, whatever his personal eccentricities) who cannot win, Bidinotto thinks that the principled choice is to vote for the lesser evil, whereas to risk hurting the lesser-evil candidate by supporting the one who can’t win is moral fanaticism. For Bidinotto, “the difference between a man of principle and a fanatic .... comes down to whether you primarily view moral principles as means to your ends (values), or whether you primarily view moral principles as ends in themselves.” Badnarik supporters, he suggests, are moral fanatics who “cast purely symbolic votes for Principle,” thereby expressing their “moral commitment to the platonic Ideal” – but insofar as this choice helps to get the worse of the two viable candidates elected, it counts as “an objective sell-out of our lives, our security and all we hold dear, for the sake of a subjective feeling of smug self-righteousness.” Those who hold principles, not as ends in themselves, but as means to achieving values in real life as far as possible, will vote for the least bad viable candidate.

This argument doesn’t sway me, for two reasons. First, as an Aristotelean I cannot accept Bidinotto’s dichotomy between principles as means and principles as ends. And I’m surprised that Bidinotto accepts it; for he himself has previously argued (see his article Survive or Flourish? A Reconciliation) that principles adopted as means to maintaining our lives become constitutive parts of the kind of life we aim to maintain. Hence on Bidinotto’s own neo-Aristotelean view, the principled person cannot regard her principles merely as strategies for advancing some independently specifiable mode of life, but must regard adherence to those principles as part of the mode of life to be advanced. (The quotation from Rand at the top of this post arguably expresses the same idea; Bidinotto is in effect condemning Badnarik supporters as impractical, and the proper reply is Rearden’s: that depends on what it is that one wishes to practice.)

Second, even if one were to adopt a purely strategic attitude toward one’s principles, Bidinotto’s conclusion still does not follow. The strategic point of acting on principle is to think long-range, rather than sacrificing significant longterm gain for the sake of some slight but immediate advantage. As I wrote in a piece titled Thinking Beyond the Next Election: A Strategy for Victory:

In playing chess, a sure way to lose is to spend your first few moves capturing as many of the opponent’s pieces as possible. It’s much more important to let those juicy-looking pieces go than to allow them to distract you from your main mission of building a strong presence at the center of the board.

I think the same lesson applies in politics. In crafting our strategy we need to plan several elections ahead, not just one. ... If we plan ahead only as far as the next election, then it’s absolutely true that a vote for a candidate who loses is an ineffective vote.

But if we think ahead four years, or eight years, or twelve years, then a vote can do more than just elect a candidate. A vote can help to build a vote total which, even if it is a losing vote total, can, if it’s big enough, draw more attention and support to the losing candidate and his party or cause.

This has two beneficial effects: First, it increases the good guys’ chance of winning in the future. Second, it forces the major candidates to move in our direction in order to avoid precisely that.
Bidinotto considers this sort of argument, but only to dismiss it by asking: “Does anyone believe that Ross Perot had any enduring impact on the major parties, or on ensuing debates about economic policy? And will anyone be talking about Ralph Nader’s views two weeks from now?”

Well, who cares what anybody is talking about two weeks from now? That’s short-term thinking again. What matters is what gets talked about four years from now; 2000 could be dismissed as a fluke, but if Nader makes the Democrats lose two presidential races in a row, I find it hard to believe that they won’t scramble their hardest to win back Nader voters in 2008. Indeed, fear of Nader may already have influenced the Democratic nomination process by making more conservative candidates like Lieberman, Gephardt, and Clarke too risky. (As for Perot, he sacrificed much of the influence he could have had through his own erratic behaviour, and through not running a second time.)

There is historical precedent for the strategy I favour. As David Friedman points out in his book The Machinery of Freedom:

I believe the answer is that we should learn from our enemies; we should imitate the strategy of the Socialist party of 60 years ago. Its presidential vote never reached a million, but it may have been the most successful political party in American history. It never gained control of anything larger than the city of Milwaukee but it succeeded in enacting into law virtually every economic proposal in its 1928 platform – a list of radical proposals ranging from minimum wages to social security.
And it did this precisely by forcing the Democrats to move leftward in order to keep voters away from the Socialists. No doubt there were, in every election year, left-wingers who told the Socialists “This election is too important! You must support the Democratic candidate to prevent the even-less-socialistic Republican from getting in.” If the Socialists had listened, their influence would have been zero; there would have been nowhere for socialistically inclined voters to go, and so the Democratic Party would have gone on taking such voters’ support for granted and never thrown them so much as a bone.

My argument is not intended as a criticism of those who think, not unreasonably, that the Prince President is so egregiously horrific that this election really is a case where preventing his re-election immediately is worth the setback to any longterm LP strategy (especially if they have doubts about the LP’s longterm viability anyway). These are trade-offs that each individual must judge for herself. (I would note, however, that those who do not live in a swing state still have no good reason to vote for a major-party candidate.) It’s also not intended as a criticism of those who are so disgusted with the electoral process that they prefer not to vote at all. While I don’t buy the argument that voting is inherently immoral (see my counter-argument here), nor the argument that voting is pointless unless a single vote is likely to determine the outcome (I believe in an imperfect duty to contribute to public goods, so the fact that something would be good if lots of people did it is a reason, albeit a defeasible one, to do it), there is nothing inherently obligatory about voting (since the duty to contribute to public goods is imperfect, we can pick and choose which public goods we contribute to – which is also why I’m not a vegetarian, but that’s another story) and the whole process is pretty distasteful. My argument aims merely to explain my reasons for supporting Badnarik, and to show that Bidinotto’s arguments against those reasons do not succeed. (And Bidinotto should be relieved that I’m not persuaded by his arguments, since if I were, I would be voting for Kerry.)

One final topic: Bidinotto also condemns the Libertarian Party for promoting “a philosophical package-deal that links free-market economics with absolutely [loathsome], Leftist positions on other vital issues, such as criminal justice and foreign policy – positions which the L. P. now insists are integral aspects of ‘libertarianism.’” I won’t take the time now to defend those particular positions (I’ve defended the anti-punishment position here and here, and the military non-interventionist position passim), but I do want to make two points.

First, there is nothing specifically “Leftist” (in Bidinotto’s sense) about these positions, which were being defended by libertarians and classical liberals long before being borrowed (and mangled) by statist socialists. William Graham Sumner, for example, analysed the connection between imperialism and plutocracy in such articles as “War” and “The Conquest of the United States by Spain”; does Bidinotto think Sumner was a “Leftist”? (For that matter, as Chris Sciabarra reminds us, Ayn Rand adopted an anti-interventionist position with regard to Korea, Vietnam, and both World Wars. Was she a “Leftist”?)

Second, the LP does not enforce any “party line” with regard to these positions. They may be in the LP Platform (actually the anti-punishment position isn’t, strictly speaking), but Libertarian candidates have never been, and are not now, bound by the Platform; Badnarik’s own running mate, for example, is (regrettably) a pro-interventionist and a supporter of the “war on terror.”


Posted November 1st, 2004

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