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On stupid and confused “thickism” see various posts under tag thickism, and Cory Massimino, “Libertarianism is More than Anti-Statism,” C4SS (April 8th, 2014).

Stephan Kinsella on July 21, 2009 at 11:09 am

I still think this whole leftism thing is confused. Subordination unless anchored to aggression is vague and not necessarily unlibertarian, for example. This is mixing the precise, narrow field of libertarianism with other concerns.

Anyway:

MBH: “There are so many bridges between leftism and libertarianism that I find it silly for either side to rule the other out.”

May be right but it’s amazing how some sides see it differently. Gene Healy, e.g., of Cato, today in an editorial writes, “What lessons can the GOP, nominally the party of limited government, learn from all this?”

The very question presupposes the Republicans are a more natural ally to libertarians. It also implies they are nominally for limited government–I don’t think they even nominally are. How can you favor social security and war and muscular gov’t and be for limited government? They are not.

When the Republicans are in power the left seems to have more potential to convert to our side: their sympathies seem better; and their biggest weakness seems to be economic ignorance (unfortunately, similar economic fallacies are also perpetuated by some “left-libertarians”). But when the left comes to power, the leftists–most of them, not all–show they are as bad as or worse than the Republicans in hypocrisy and turning a blind eye to–or favoring–tyranny. The right seems better when the left is in power, because it seems like they are a bit less dishonest when they give lip service to quasi-limited state mantras.

The left are emotivisit, dishonest, hypocritical, and economically illiterate. The right are nationalist, religious, insincere, pro-war, and more socialist than they’ll admit (socialist in the pejorative sense, that is!).

The truth is both are terrible. Equally terrible–who can say. They are terrible in different ways. Neither is a friend of liberty. Neither is libertarian. Left and right are both statist; and this is a classic problem with the left-right spectrum as pointed out by libertarians. It’s not that there are no distinctions; it’s that there are few relevant distinctions between them, from the libertarian perspective. From the libertarian perspective, both left and right are statist–both favor institutionalized aggression. Of course looking at it this way requires a clear-headed return to our libertarian roots: an awareness that what we are opposed to is, in fact, aggression–not “oppression,” not “subordination,” not “bossism.”

And for the same reason the left-right spectrum itself rests on unlibertarian presuppositions, there is little to be gained by confusion and distraction by the right- and left-libertarian subclasses. I am neither right not left qua libertarian. I don’t think most people here are either, despite protests to the contrary. To the extent someone is seriously leftist, to that extent they deviate from libertarianism, in my view.

***

Some more of my comments on Rodericks’ The ParALLax View:

  1. Stephan Kinsella’s avatarStephan Kinsella on July 13, 2009 at 11:09 pm

    You rattled my cage, Sir Roderick?

    I am not sure what the question is. You’re not completely right, or wrong. I poke fun; I use colorful examples; I mock things I think mockworthy; and when I detect ambiguity or confusion in a position caused by the person expounding it (and often used disingenuously by them), I sometimes select an interpretation of their cloudy views that he may or may not agree with–how would we know, if they are so murky and conflicted–to challenge them to clarify, deny, expound, etc. It’s a sort of Socratic way of getting people to reveal views that are for some reason kept hidden or unclear.

    In addition, sometimes when one makes a narrow point, as I often do, people leap to all sorts of assumptions, because they have difficulty with reading comprehension, or because they are reverse racists or cosmotards.

    I have trouble taking the left-libertarian program seriously; it is only because of the very few of them, like you, Roderick, who are serious, formidable, sound thinkers, and not dated caricatures, that I sometimes think it may be worthwhile to try to find common ground, correct misimpressions, etc.

  2. Stephan Kinsella’s avatarStephan Kinsella on July 13, 2009 at 11:33 pm

    BTW I don’t “conflate” Marxists with left-libertarians; if anything they do this themselves by trying to use the word, um, socialist to refer to libertarianism.

    In my own view this whole debate is almost as confused as the one that plagues mainstream thinking about the left-right axis. I have always found that useless and engendering confusion; and I think a similar thing is at work in those who want to insist on the usefulness of the left-right libertarian “axis”; and this is exacerbated or linked in with the confusion surrounding the semantically confused and non-rigorous “thick” arguments, IMHO. 1

    But in my mind, the so-called “left” libertarians, such as Roderick, are just libertarians, and damn good solid ones, with a few different interests, research programs, insights, or emphasis. (And as far as this goes I myself might not inaccurately be called a “left” libertarian by some; if this had much utility.) And then you have others such as mutualist etc., who deviate so much from standard libertarian views that I think it is in many cases doubtful whether the libertarian label should be applied. And it is some of these who do explicitly praise Marx and whose thought is, excuse me, riddled with all sort of leftist-Marxian economic nonsense. One of them told me Mises and Marx are about on an equal plane for him; each had his own weaknesses and insights to draw from. I have not been persuaded that it is bad form to recognize connections to Marxian thought.

  1. Stephan Kinsella’s avatarStephan Kinsella on July 19, 2009 at 10:41 pm

    MBH: “Stephan, I don’t know that I understand your position. Are you saying that what we mean by left-libertarian is not distinguishable from what we mean by right-libertarian, or that left-libertarianism isn’t libertarianism, or that left-libertarianism is a back-seat driver to right-libertarianism, or something else?”

    I’m saying there is standard libertarianism–the opposition to aggression in all its forms combined with the awareness that the state necessarily institutes institutionalized aggression–and it is neither left nor right. The original left-right spectrum is confused and anti-libertarian. If someone claims to be a left-libertarian, then to the extent their views are libertarian, they are not “left” but shared by all libertarians; to the extent they are not libertarian, then… they are not libertarian.

  1. Stephan Kinsella’s avatarStephan Kinsella on July 21, 2009 at 11:59 am

    Roderick,

    “‘If certain animals are claimed to be golden retrievers, then to the extent their characteristics are canine, they are not “golden retriever” but shared by all dogs; to the extent they are not canine, then… they are not canine.’”

    The problem is golden retriever is indisputably one type of dog, and golden retrieverness is not incompatible with or unrelated to its dogness.

    Whereas, libertarianism is a political theory concerned with the proper use of interpersonal violence, and holds a distinct view about when it is appropriate or legitimate. So to the extent leftish views are compatible with the libertarian focus and view on aggression, it’s either part of libertarianism already, or it’s just orthogonal to it, sort of like my love for riding dirt bikes is compatible with libertarianism but not part of it. And if the leftish views are incompatible with it, they are not part of it.

    “Likewise: the characteristics that make a libertarian a left-libertarian aren’t necessary to being a libertarian (otherwise all libertarians would be left-libertarians), but they aren’t merely extraneous add-ons like “liking jazz” (otherwise left-libertarians wouldn’t be a kind of libertarian).”

    Okay, I am with you so far–but the problem is that I think the “left-right” spectrum is both ambiguous and vague, and also rests on unlibertarian assumptions (as we libertarians should well know, as we have deplored the simplistic, inacccurate, confusing, statist left-right spectrum for a long time).

    It seems to me you leftish/thicker types want to have it both ways. You want to trot out the left- prefix as if it makes your libertarianism better; as if it does mean something; hence your comments about bossism and “exclusionism” (? are we now also against “discrimination” and “prejudice”?). But when pushed, you seem to reluctantly admit these views are not libertarian strictly speaking.

    I’m just a libertarian. I think we can learn something from some of the insights of leftists, as well as the insights of mathematicians, computer scientists, hunters, and convicts.

Stephan Kinsella’s avatarStephan Kinsella on July 16, 2009 at 9:02 am

Roderick:

“the use of the term “socialism” to refer to movements that favour radical worker empowerment by free-market/non-state/non-aggressive means has been around for over a century.”

That’s fine, but it has a different connotation now, so I think calling a strand of libertarianism “socialist” is confusing.

“I myself tend to avoid both “capitalism” and “socialism” as terms with too much confusing baggage.”

Me, too; though I think “capitalism’s” modern meaning is much closer to libertarianism–less confusing–than is “socialism.”

“Such as Rothbard, who described Marx as “relatively libertarian” and Lenin as “congenial to the libertarian”? Or Hans Hoppe, who maintains that “the theses that constitute the hard core of the Marxist theory of history” are “all … essentially correct”?”

Well played, Sir Roderick–well played.

“Well, there are connections between Marxism and Austrian thought too. A number of writers have pointed out similarities between Marx and Mises/Hayek on the business cycle. Sciabarra has written three books on parallels between Marx and libertarian thought generally. And George Reisman — no willing Marxist propagandist I presume — defends, and argues that Böhm-Bawerk held, a version of the cost-of-production theory of value.”

It is the adoption of his fallacious views that I oppose.

Aster:

“‘I have trouble taking the left-libertarian program seriously.”

“But you do spend much time attending to it, no? And time is our most absolutely scarce commodity… there must be some reason you like reading us.”

As I have said, it is primarily out of respect for people like Roderick that I do.

“I’m more interested in Carson as a brilliant thinker than one whose specific program is necessarily systematically right.”

I can appreciate that. While I place more emphasis on getting it systematically right.

“I certainly think that the currently hegemonic formulations of libertarianism excuse classist heirarchies, corporate statisms, and neo-imperialism. These confusions are sometimes completely innocently intended, sometimes a symptom of unconscious privilege, and sometimes a culpable product of vile socioeconomic authoritarianism, with Hoppe being the most obviously demonic example. In such a context, the appearance of a powerful and original thinker like Kevin Carson is a blessing, and his work is a prominent part of a necessary correction whose time has come. Carson provides a shift in perspective to show us a libertarianism in which the working class gets to seriously sit at the table of radical individualism. This is good stuff, and his lesson of ‘vulgar libertarianism’ is invaluable.”

Hoppe is a wonderful person and significant libertarian thinker; applying the word “demonic” to him is insane.

MBH:

“Stephan, I don’t know that I understand your position. Are you saying that what we mean by left-libertarian is not distinguishable from what we mean by right-libertarian, or that left-libertarianism isn’t libertarianism, or that left-libertarianism is a back-seat driver to right-libertarianism, or something else?”

I think the left-right spectrum is confusing and useless. I think it groups unlreated ideas and characteristics in an ad hoc, unprinipled way-and this is true for “right-libertarian/left-libertarina.” To the extent “left” really means something, it deviates from libertarianism, or is beyond it (bringing in the thickism debate). To the extent it means something that is compatible with libertariansim, it is not “left,” it is just part of libertarianism.

I think the most charitable spin I can put on left-libertarainism is either a useful reminder not to conflate modern corporatism with what would exist in a free market–that is, to not be too vulgar; and/or an activist emphasis. But the latter doesn’t interest me since I find this is what leads people to compromise, sell-out, rah rah boosterism, and self-delusion.

y

  1. Stephan Kinsella’s avatarStephan Kinsella on July 19, 2009 at 4:00 pm

    MBH:

    “Left-libertarians believe that the product of your labor belongs to you. Right-libertarians believe that management owns the product of worker’s labor. Left-libertarians believe that “you get out of it what you put into it.” Right-libertarians believe that those hierarchically above you, get out of it what you put into it.”

    Does Roderick believe workers “own” the “product” of their labor–in a sense distinct from the way “right”-libertarians see it? Not to my knowledge. So is he a left-libertarian? Who knows. Yes? No? What does all this mean? Who knows. Nobody.

  1. Stephan Kinsella’s avatarStephan Kinsella on July 19, 2009 at 10:46 pm

    MBH:

    “Roderick often references workers entering into agreements in which they sign the product of their labor over to management. After that point it’s hard to see the distinction between his position and the right-libertarian position (in matters of labor). But right-libertarians think the post-agreement is a default position. That is the distinction.”

    this is nonsense. Neither Hoppe, Rockwell, Rothbard, nor I would say that there is a default position. So is “right-libertarian” a straw man?

    “Roderick untangles these two positions. The left holds that workers necessarily own their labor and its production–to begin with–what the worker chooses to do with it is their decision. The right holds that management owns workers’ labor to begin with. The right sees it as a default position. The left sees it as a matter of choice.”

    Libertarians see it as a matter of choice, of course. If the left does, congrats to them–they agree with us on this. But given their support of unions, their ridiculous economic views on land and labor, I don’t think they do. But if they do–welcome to the libertarian cause. BUt it ain’t left, buster.

  2. Stephan Kinsella’s avatarStephan Kinsella on July 20, 2009 at 7:14 am

    MBH: “Is one side or the other more inclined to support a organization managed by workers?”

    Support? What does that mean? All libertarians support the *right* of workers to (try to) organize. If they go beyond this type of support to some more active type of “support,” they do so not qua libertarians.

  1. Stephan Kinsella’s avatarStephan Kinsella on July 16, 2009 at 4:54 pm

    I’m not gonna have this ridiculous debate again, but will make 3 short points: first, this is a very short phrase and somewhat ambiguous, so it’s uncharitable to construe it so … uncharitably. Second, he is not necessarily advocating it but describing or predicting it.

    Third, he refers to intolerance for those *advocating* certain lifestyles–I do not think there is any way to confidently conclude he was referring to all homosexuals and in fact I firmly believe and know Hoppe is personally tolerant of all this and thinks that even such communities as he describes would tolerate homosexuals, as opposed to *advocates* of alternative lifestyles. I believe what he was getting at here was those who are hostile to the basic natural order that (he believes) is necessary for a private property order to prosper. A monogamous priest for example is tolerated even though if everyone were monogamous the race would die out; the priest does not advocate that everyone be monogamous or rail against the predominant reproductive mode in society. The gay person does not necessarily condemn the standard norms and private orders that (arguably) by and large underpin any successful community, merely by being gay; it is going beyond this, to adopt a stance hostile to this.

    My point is not to defend this here but to disagree with the proposition that it is obvious that *these* views are bigoted or anti-homosexual. They are not.

    For the record, I am personally horrified by anti-gay bigotry, and don’t like or associate with those kind of people–and Hoppe is one of my best friends. One of the things I love about him is his tolerance, sweetness and gentleness of soul. People who do not know him but caricature him based on out of context quotes or assaults on him by those with an agenda, um, should not do this.

    I’m done with this issue.

  1. Stephan Kinsella’s avatarStephan Kinsella on July 17, 2009 at 9:40 pm

    Aster, If someone were a homophobe I would agree with you that this should not be excused. However I am sure you agree that this kind of charge is serious and requires good evidence. I simply disagree–and strongly and sharply–with you, that you have a good reason to conclude this about Hoppe. For at least two reasons. First, I know him, and know this to be untrue. Second, I can read too, and know that it’s an uncharitable stretch to conclude this from the few snippets of information and tortured argument trotted out in a witchhunt against him by certain loathsome types.

    I disagree with you that Hoppe believes that you “should be thrown out of the social bonfire to die in the cold” for advocating the things you advocate. I think this is a tortured, uncharitable interpretation, not a serious one.

    You know the harm that can come from unfair classifications, assumptions, prejudices; I agree with you; but the same is true of accusing someone of bigotry. It’s a serious thing to do and utterly immoral, wicked, irresponsible, and despicable to do it, without damn good reason–and you sure as hell don’t have it here. We’ll just have to agree to disagree on this one.

  1. Stephan Kinsella’s avatarStephan Kinsella on July 19, 2009 at 4:07 pm

    Aster:

    “I agree with you that bigotry is a serious matter.”

    Not as much as I do, apparently, or you would not so callously or blithely hurl this accusation.

    “But Hoppe’s homophobia (and general authoritarianism) is so blatantly obvious that it requires a willful evasion of reality not to see it.”

    We’ll have to agree to disagree. He is not homophobic or authoritarian in the sense meaningful to libertarian, in the slightest.

    “Which part of ‘removal from society’ is so difficult to understand?”

    I have given several tentative explanations for being reluctant to characterize it in this way. First, he was predicting, not advocating. Second, he was not saying removal by aggression, but perhaps by voluntary, peaceful means. Third, he was referring not to homosexuals per se but to certain *advocates*–those hostile to the institutions prerequisite to a peaceful order. Fourth, it was a brief passage, he is not a native English speaker, and perhaps he was exaggerating to make a point.

    One would think a genuine homophobe to leave an easy to trace trail of evidence, not ambiguous dense academic points that require philosophical parsing.

    ” He wrote it, not me. He is free to identify the nature of his statements and retract them at any time.”

    And you are free to be charitable and not to petulantly assume the worst until he satisfies your demand that he satisfy the PC hordes. I admire his ignoring the shrill cries of the intolerant left.

    “Hoppe is the philosophical weight dragging libertarianism to the right, and he ought to be discredited both in high philosophy and in public social life. Remove his credibility and the centre of libertarian discourse will shift, and we’ll have a movement to be proud once more.”

    I am somewhat proud of our movement, such as it is, though we have lost, and will continue to lose. Hoppe is not on the right.

  1. Stephan Kinsella’s avatarStephan Kinsella on July 21, 2009 at 12:05 pm

    Aster, “would you care to explain how Hoppe is not on the right?”

    He describes himself as being culturally conservative, but does this make one “right”? I don’t think so. What does culturally conservative mean? How one dresses? That one is employed or not in jail? That one has an education and a career, is not flamboyant, and enjoys some traditional things like western culture and food etc.? Does these things make one a “rightist”?

    I don’t think so. So what else is there? Hoppe is not, contrary to assertions otherwise, personally uptight or homophobic; he associates with all sorts and is very multicultural; as a radical libertarian he supports the right to be a cocaine seller or prostitute, opposes the state itself, and of course the state-church relationship; opposes outlawing sodomy, atheism, opposes a state religion; is pro-choice as far as I know, etc.

    The only substantive position I can think of that one might call him rightist on are his immigration views, but he is an anarchist who opposes the state and its immigration policy and apparatus, not a typically rightist view on immigration. I don’t think he’s a leftist (though some of his views might be characterized this way by some on the right), but I don’t think he’s a rightist. I certainly am not. I am neither. I despise both, since they are both statist, and I am a libertarian, which means something, to me.

  1. For more on my disagreement re “thickism,” and “thick libertarianism,” see my comments and interchanges with Gary Chartier and Kevin Carson in Gary Chartier, “Socialism revisited,” LiberaLaw. []
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The Case Against Intellectual Property

Boldrin and Levine, from 2001. The link was dead so I found the .DOC file on archive.org and converted it to PDF.

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I previously noted Cato Senior Fellow and former president of the St. Louis Federal Reserve Bank William Poole worrying about Congress “damag[ing] the independence of the Fed.” And now, in a Washington Post piece, Poole is quoted as saying: “New York Fed employees ‘play a very valuable role, day in, day out, with detailed contacts with the big financial firms.’” I’m sure they do.

[LRC Cross-post]

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The Age of Technocide: RIM Pays Out Again Over Patents

I previously noted that NTP used the patent system to wring over $600M out of RIM, the manufacturer of the Blackberry smartphone. As noted by Mike Masnick, now RIM has coughed up another quarter billion dollars to another company, Visto (“coincidentally” a licensee of NTP). A quarter billion dollars–everyone yawns. Masnick asks, why did NTP have to pay Visto?

For being the loser in the market place. This is a tax on innovation. The loser in the marketplace forces the winner to hand over a nice chunk of profits. It’s bad for everyone (except some lawyers and Visto shareholders).

Masnick is right: this is yet another tax on innovation. Patents are killing innovation (see Yet Another Study Finds Patents Do Not Encourage Innovation). This is the age of technocide.

[Masnick opined that one reason NTP invested in Visto to get it to take out an NTP license was: “That certainly looks like NTP paying a company to license its patents, just to make it looks like there were some legitimate licensees.”

This may be right, but as I explain in “Impact of Patent Licensing on Patent Litigation and Patent Office Proceedings” (available on my legal site), “a license under the patent may be offered as persuasive evidence in rebutting a prima facie case for obviousness.” In other words, one reason patentees seek to license their patents is to build up the case that the patent is not obvious–to use it in litigation later to help defend the patent.]

[Mises cross-post; Against Monopoly cross-post]

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The National Museum of Patriotism

Take a gander at the nausea-inducing conservative collectivism on display at the National Museum of Patriotism.

WHY DO WE NEED THE NATIONAL MUSEUM OF PATRIOTISM?

  • To restore faith in America and remind ourselves of how we got here and what it takes to create and sustain greatness.
  • 97% of Americans think of themselves as Patriotic, yet 70% also think children today aren’t as patriotic as earlier generations.
  • There is a growing concern among Americans that future generations are more cynical about country, and lack historical perspective and context.
  • According to the US Department of Education, more than half of high school seniors lack even a basic knowledge of American History.
  • The Museum will serve as a national asset reaching all generations to help Americans re-connect with our original patriotic traditions. Simply put, we need a shared pride resulting in actions and aspirations for something greater than self.

And the site promotes the worst combination of colors imaginable: Red White & Blue … and Green! Wow!  “It’s Hip to be Green!”

Of course, one of its highlighted celebrities is Lee Greenwood, whom I mentioned in The HUGE Flag: “I remembered one time when I was at Callaway Gardens, Georgia, on the 4th of July, with hundreds of people around the gorgeous man-made lake, watching fireworks, and as Lee Greenwood’s cloying “Proud to be An American” was played, the entire crowd stood up in unison, like toy soldiers, hands over hearts, at the line, “and I’d proudly STAND! UP!”, and it gave me chills.”

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The HUGE Flag

From April 2009 LRC blog:

The HUGE Flag

Posted by Stephan Kinsella on April 10, 2009 11:41 PM

Today my wife and I were in the Houston Galleria with our 5 year old son. There was a huge American Flag hanging over one part–it must have been 50 yards long. My boy asked me why it was there. I thought about it. I remembered when I was in living in London in 1992, as a student, and watched the movied Kindergarten Cop in a dorm room with a group of about a dozen students from all over–England, Greece, Spain, Ireland. The entire room, except for me and the one other American, burst into laughter when the kindergartners were shown in class saying the Pledge of Allegiance. We were confused and asked for the movie to be paused, and said, “hold on–what’s so funny?” One of them said, laughingly, dismissively, “You Americans–you are so patriotic!”

Later the same year in London, I went to the Bette Midler movie For the Boys, which opens with some number on a stage in front of a ginormous American flag. Again, titters from the non-Americans in the audience.

I remembered one time when I was at Callaway Gardens, Georgia, on the 4th of July, with hundreds of people around the gorgeous man-made lake, watching fireworks, and as Lee Greenwood’s cloying “Proud to be An American” was played, the entire crowd stood up in unison, like toy soldiers, hands over hearts, at the line, “and I’d proudly STAND! UP!”, and it gave me chills.

So I told my son, the flag is there because Americans have been taught by the government–the one that steals from me the money I would otherwise save for your college fund–to worship the state.

How much better under monarchy when there was a clear distinction between ruler and ruled; when secular worship of the state had not replaced real religion. [See Big Enough] Now that the state has taken the place of religion, and the distinction between the rulers and the ruled has been blurred, the state can do almost anything. Can anyone imagine a king extracting 60% taxes without getting his head handed to him?

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Before Vandanarchists, there were … Randanarchists!

From Oct. 2005 LRC blog:

Randanarchists

Posted by Stephan Kinsella on October 18, 2005 04:42 PM

Don’t exist, apparently. Here’s Capitalism magazine trotting out the tired, old, weak arguments against libertarian anarchism. Notes the headline in typically breathless and stark Randian prose, “Anarchism is not a form of capitalism; anarchism is a form of collectivism, where individual rights are subject to the rule of competing gangs.”

This is ridiculous. As I have previously noted, to be an anarchist simply means you (a) recognize that aggression is not justified; and (b) recognize that the state necessarily commits aggression.

Now Randians claim to believe in individual rights and to oppose the initiation of force–aggression. So if they are not anarchists they must believe that states do not necessarily employ aggression.

But they admit that the “government” they favor “is an agency with a monopoly on the power to legally use force in a specific geographic area”. A monopoly on the power to legally use force means that this government has outlawed similar agencies. To outlaw is to use force against. If this force is initiated, it is aggression and a violation of rights by Rand’s own admission.

Now the Randians can argue that it is for some reason necessary that the state use force at least to the extent it has to outlaw competitors (even those who are not themselves aggressors), and perhaps to fund itself (taxation–who really believes a lottery will suffice?), and perhaps to expropriate private property (see, e.g., the endorsements of eminent domain by neo-Objectivist Tibor Machan (2) and Objectivist Michael Kelly). But just because they view it as “necessary” does not mean it is not aggression. It just means that, like conservatives and liberals, they prefer some value above conflict-free interaction and peace; they are willing to break a few eggs to make an omelette.

How can Objectivists deny that one self-proclaimed defense agency’s outlawing another is not aggression? Yes, they can plead their case that it’s necessary–necessary aggression, that is, but how they can pretend it’s not aggression, I cannot fathom.

In my view anti-anarchist Objectivists cannot have it both ways: they cannot be principled opponents of aggression while opposing anarchy. To seriously oppose anarchy they have to favor some aggression. There is no way around this.

(Some Objectivists might counter by resorting to the tired refrain that “oh but you are context dropping”. Egad, context has its place but the overuse of this concept by Objectivists makes me sick of ever hearing it again. They will often attack libertarians’ opposition to aggression by saying that it’s context-bound and requires an entire philosophy to defend and uphold the individual rights that are correlative to the opposition to aggression. In other words, they imply that libertarians cannot coherently mount a case in defense of individual rights, or against aggression; indeed, we cannot even coherently define aggression, without adopting the whole of Rand’s philosophy, hook line and sinker–presumably this includes her pet preferences on music, capes, cigarettes, and the obvious fact that a woman “should not” be, or even want to be, President, which preferences she held up as more than mere preferences. Yet, this harping on the necessity of “context” and Rand’s entire philosophy just to define what force is flies in the face of this key statement by her alter ego, John Galt: “Whatever may be open to disagreement, there is one act of evil that may not, the act that no man may commit against others and no man may sanction or forgive. So long as men desire to live together, no man may initiate–do you hear me? no man may start–the use of physical force against others.” Wow, seems to me like Galt is implying here that the initiation of force–aggression–is a coherent, stand-alone concept that does not require a Ph.D. in philosophy or professional training to understand; that aggression is a simple, obvious thing that we can all point to and recognize. So spare me the “context” yammering, please.)

The “Capitalism” site’s attack on anarchy is riddled with errors and fallacious reasoning. The title states, “anarchism is a form of collectivism, where individual rights are subject to the rule of competing gangs”. Well, this is just a nonsense assertion. Objectivists favor a state that they hope would protect (and not violate) individual rights (despite the fact that every state that has ever existed has done a bad job of protecting, and a good job of violating, rights; but let’s not let history or reason stand in the way). But it is possible, if not inevitable, that such states would become “gangs”. And assuming the Objectivist has not become a utopian one-worlder (see my comments on Objectivists and One World Government in Libertarian Centralists; see also my comments here, and here), they presumably favor a world system of multiple states, some of which might be or become gangs. How is this different than their distorted caricature of libertarian anarchy? Well they might say, “no no, we only favor a proper government ruled by objective law” (whatever the hell the catchword “objective” means in this … um… context). Oh oh, so it’s okay for them to posit a “good” government. Okay. Fine. Then we can just posit “good” private defense agencies–you know, ones that all have as their goal the defense of and adherence to individual rights; ones that act reasonably and work with each other to apprehend and bring criminals to justice instead of “warring” with each other.

They also write,

Under capitalism, corporations are the result of a specific contractual legal framework (provided by government), based on the principle of individual rights. Without government, the distinction between public (state owned) and private no longer exists. Corporations cannot exist without individual rights, and governments to protect those individual rights. [However, keep in mind that corporations are not creatures of the state, no more then individuals are.]

So you can’t have contracts without the government? You can’t have individual rights without the government? Well, this implies the government (the state) is not governed by the consent of the people; it means the Constitution is a lie. Because for the state to be subject to the consent of the governed, to have powers “delegated” to it as our Constitution pretends; for the people to “establish” it as Locke would have it–presupposes a pre-state type of contract law, does it not? It presupposes the pre-state ability of people to form binding agreements, such as that underlying the delegation of authority to the state, the faux “consent” of the governed to establish the government. And it presupposes the people already have individual rights, some of which they either give up, or at least exercise, to form the state. In other words, the very existence of the mythical entity known as limited government itself presupposes some pre-state (gasp–anarchical!) body of contract law (and some version of individual rights). Unless, that is, the Objectivists want to just admit the truth that the state is not based on the consent of the governed, that no one ever delegated any power to it–that is is just naked force wielded by a gang of thugs (sort of like the gangs they imagine in the horrible world of anarchy. Thank GOD we dont’ have anarchy now, otherwise we might have multiple, competing, thuggish agencies of aggression ruling the globe! … uhh… waitasec…)

Those who attempt to combine anarchism with capitalism, make the error of confusing the peaceful form of competition of capitalism — trade, ideas, and dollars — with the brutal “jungle” form of competition of anarchism — brutality, whims, and bombs.

Well, I was going to reply, but the strategic, nuanced use of “whim” here knocked me out of the ring. No way I can respond to that; they have me dead to rights!

Seriously, how can you respond seriously to this uber-serioso, goth-talk?

Have you ever thought what happens when one ‘corporate protection agency’ disagrees with another? By what method do they solve their dispute? They do it by competition not with dollars, but with guns.

Wow. Deft use of assertion. Hey, I know, let’s use more assertions to solve the various intractable problems of philosophy and other fields. Is the universe infinite? “YES.” Wow. Thanks. Ummm, how did dinosaurs die out? “A mutated virus from the archeopteryx.” Cool. Was there really a Jesus? “Yes, but he lived in 70 A.D. and had 3 sisters and 1 brother.” Did Fermat himself know the solution to Fermat’s last theorem? “No.” Great, man, you are a regular Ask Jeeves.

They go on, “They seek to solve their dispute by resorting to force against each other, i.e., a perpetual state of civil war. Under such a system, which gang wins? The one that is the most brutal.”

Ummm, hey, even if this were true (and it’s not; have these people even READ the Tannehills?)–ummm why is it not true of a multi-state world? (See on this the quote by Hoppe on liberal economies and the tendency to war, quoted and discussed here.)

Anarchism is not a form of capitalism; anarchism is a form of collectivism, where individual rights are subject to the rule of competing gangs. Under such a system, any individual would beg to be placed in the relative safety of a dictatorship. The only peaceful solution to such disputes is to have one agency with the power to settle those disagreements, according to one set of objectively defined laws — a government. This is what corporations do under capitalism, when they have a dispute with each other — they go to court (government).

Ummm, now we are back to “one agency” again. I guess the Objectivists are one-worlders. But ummm, I thought they opposed dictatorship. Oh, I see–it’s possible to have a one-world state that is Rational. Oh joy! Yippee! We can transform man’s nature! Marx was a genius! Ummm… waitasec. I guess these people never heard of dystopian novels. Like, Oh, I don’t know, ANTHEM?? Atlas Shrugged?!

One last delicious quote:

On a micro-level one can observe anarchism in black markets, where drug dealers compete with each other on the same “turf” to “protect” their interests. It is to subject “might” to “right”, that one requires rights, and that one requires a government to protect those rights.

Well, the black market might also include private evasion of taxes and other immoral laws. Or the purchase or sale of medical marijuana, which some might call “heroic”. And let’s get this straight: people operating on the black market are unable to appeal to the state to protect their rights, and to resolve disputes with other black market actors … er, um, because that very government outlaws peaceful activity and thereby creates the black market in the first place…? So, um, this proves that the state is, um, necessary? Sorry, but I can’t follow the pea in this shell game.

There’s another word for black market: free market. Sickening to hear purported defenders of the free market snidely disparage it.

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Machan on Kelo

From July 4, 2005 LRC blog:

Machan on Kelo

Posted by Stephan Kinsella on July 4, 2005 10:50 AM

My friend Tibor Machan has a column, Some Libertarian Confusion about Kelo v. New London City, CT, criticizing my article on Kelo. Unfortunately, Machan’s critique itself is confused. [Note: Machan’s short column linked above was apparently subsequently deleted and replaced by this newer version.]

First, Machan states that I justified Kelo’s ruling based “on the view that government has no authority to take private property in any case, including for public use (which the Fifth Amendment to the US Constitution sanctions, provided compensation is provided), and if it does engage in taking, it is better to do it for a genuine private than a nonexistent public use.”

But I did not justify Kelo’s ruling; I simply argued that the constitutional result would have been for the Court to have refused to strike down the state law for lack of constitutional authority to do so. The Court in Kelo upheld the law by applying the Fifth Amendment to the states and then giving it a bizarre interpretation–which I criticized: as I noted, “the Court’s reasoning was flawed.”

Moreover, my argument did not rely upon the anarchist notion that there are no valid “public uses”, nor did I unequivocally state that it is better to have a taking for a private than for a public use. My main argument was that the Fifth Amendment does not apply to the states. I only added an afterthought stating that it is odd for “libertarians to be more offended at takings that are for a private purpose than for those that are for a public purpose.” This is so especially because the taking of property itself is the harm; what is done with it afterwards is of secondary consequence. I stated my personal preference that my own property, if taken, be used for peaceful, private uses rather than by the state; but this preference is not an attempt to justify the ruling in Kelo at all.

As I said, my primaray argument was that the Fifth Amendment does not apply to the states. Machan’s reply:

this is not proper legal theory by now, not if one considers how the Constitution has been applied in, for example, cases baring on the right of freedom of speech and religion, as well as the right to freedom to bear arms and be free of coerced confessions (also part of the Fifth Amendment) of all American citizens.

I confess I am not quite sure what Machan is saying here, in his main substantive critique of my main substantive argument. He is confused to say that the rights to freedom of speech and religion, to bear arms, and to be free of coerced confessions, are part of the Fifth Amendment. These rights are included in the First, Second, and Fourth Amendments. I suspect he was trying to say that these rights are now part of the Fourteenth Amendment (not the Fifth). (Although I do not recall the right to bear arms having been incorporated yet by the Court, but I could be mistaken.) But he seems to be saying that my interpretation of the Constitution is wrong, because of Supreme Court precedent. I am not quite sure what his argument is here, unless he is either saying that Supreme Court decisions take precedence over the Constitution’s language and original meaning, or that he agrees with (which?) prior Court reasoning (but even libertarian legal experts who support incorporation reject the Court’s reasoning to date, which uses the Due Process clause instead of the Privileges or Immunities clause).

In any event, Machan has simply not even made an attept here to explain what is flawed in my argument that the Fifth Amendment does not apply to the States. If it is an argument that the Court has ruled otherwise, I find that argument flawed as either an appeal to authority or as based on the notion that the Constitution is “living” and does not have an original meaning.

Machan also writes:

The main motivation behind the states rights stance of some libertarians seems to be that they consider empowering small governmental units to be less hazardous than empowering the federal government (even if both should not be so empowered). It seems to be especially objectionable to such libertarians that a branch of the federal government would be empowered to rule on what constitutes securing our rights, so when they fail to do this securing, or actually do the opposite, these libertarians play the “bite the bullet” gambit instead of construing what the branch does wrongheaded. For instance, in Kelo v. New London City, CT., these libertarians just hold that whatever the Court says about anything other than the powers of the feds must be wrongheaded.

I believe Machan, like many libertarians, is confused for some reasaon by the very idea of federalism, of vertical separation of powers. They just cannot seem to accept the view that the states predated the Union and are not empowered or created by the Constitution. My and other federalists’ view of “states rights” is not that “states” have “rights,” but that the federal government has only limited powers–those enumerated in the Constitution. And my view is not so much that the federal courts “should not” be empowered to review state legislation for compliance with rights in the Bill of Rights–but that they are NOT so empowered by the Constitution. Machan’s pointing to how Supreme Court decisions as somehow refuting my argument fails, because it is those decisions I am inherently critiquing. It would be question begging to say my critique of constitutional case law is flawed because the case law disagrees with me.

Finally, Machan notes:

The state’s rights issue is but a diversion here, not one of basic principle.

I never brought up states’ rights; Machan did. What we have is a case where the Supreme Court assumed the right to review a state law, even though the Constitution does not empower them to do so. Libertarians upset with the Court’s decision seem to endorse the notion that the Court does have the right under the Constitution to review state laws. I have tried to point out to those libertarians who do care what the Constitution says that this view is incorrect. What I cannot figure out is if Machan thinks the Constitution does apply the Bill of Rights to the states (and therefore my legal-constitutional arguments are wrong), or if he does not give a damn about what the Constitution says (in which case his appeal to the Supreme Court’s interpretation of it makes no sense) and just wants the Court to do “the right thing” regardless of its authorized power to do so.

So I have no idea what Machan thinks is a diversion. Perhaps the libertarians who want the Court to strike down every unlibertarian state law and who therefore just assume this must be the constitutional result, are the diversion. It seems to me that being concerned with keeping the large, central state limited by the Constitution that created it is not a diversion, and indeed related to the basic principle of trying to limit the state in order to protect individual rights.

***

Coda: In a private exchange with Machan, I noted:

My point was primarily addressed to the question of whether is legal, and a good idea, for the federal central state to be in charge of supervising state laws. [Concerns] about property rights and
the New London condemnation are valid and do not undercut at all my
view.

He replied to me, alleging that I would simply let people be victims of a socialist system rather than work with the system we have or favor incremental, ad hoc improvement, because it is not “pure enough.”

My reply:

You are wrong in characterizing my views. Where have I opposed working with or within the system, or incremental improvements in freedom?How is any of this implied by my views: (a) that it would be unconstitutional (not because I WANT it to be, but because it IS) for the feds to intervene here with the states; or (b) that it is preferable to honestly *identify* what the Constitution specifies, even if it is contrary to our preferences or beliefs; or or (c) that it is in general a good idea to insist the federal government refrain from acting in ways prohibited by the Constitution; or (d) that it is in general a good idea to have both horizontal and vertical separation of powers in a large, federal union such as ours?

I am not in favor or letting people suffer or be victimized by the state, just because doing anything to help would be sanctioning the system. It is a unwarranted and I believe unfair for you to distort my views this way. Where did I scott at incremental, ad hoc improvement? I am all in favor of this. Why do you imply otherwise? Are you sure you are giving me a charitable reading?

However, it is another thing to disagree with a given move or policy on the grounds that it is a move in the wrong direction. For example, I used to support the idea of educational vouchers, but now I oppose them. Not because they don’t go far enough or are only incremetnal or ad hoc improvements, but because the costs of the improvements are too high, in my view–even if education is improved and educational efficiency increased by vouchers, the drawback is that it increases the amount of tax dollars spent on public education and gives the state more control over private education.

Now you can disagree with me on this, but my objection is based on libertarian principles and on the grounds that the measure is a bad one, not that it is “merely incremental.” Likewise with decisions like Kelo. I assume you would have the court overturn the state law. I do not disagree that overturning the state law would be a good thing for liberty–for the Kelos at least, and perhaps for other potential victims of states. But I also recognize it is a bad thing for liberty too, in some ways–it further centralizes power in the feds, which increases the likelihood of federal violations of rights in the future; and it erodes the limits in the Constitution that are important.

You yourself obviously believe the Bill of Rights set forth important limits on “governemnt” in general, and that must include limits on federal power. So you yourself want the Constitutional limits on federal power to have some force and effect. As do I. That is exactly why I am concerned when the feds ignore these limits in order to seize the power needed to review state law. You seem to want to turn a blind eye to the feds’ eviscerating the principle of enumerated powers in the Constitution. As long as it achieves a good result in some cases, it seems to be okay with you. Don’t you see you are endorsing the principle that the feds are not really bound by the limits in the Constitution, which includes the Bill of Rights? I think it is dangerous to advocate this cherry picking approach. It is better as a PRACTICAL measure to insist the feds abide by the limits placed on them in the Constitution–all of them, both the idea of enumerated powers, and the specific limits placed on them in the Bill of Rights.

I am not even opposed to your Hobbesian point that we ought to take short-term, concrete improvements in liberty where we can find it. I don’t oppose that notion. I would not mind terribly a libertarian Justice on the court who flat out ruled for the Kelos because he can, and didn’t dishonestly try to justify his decision based on the text of the Constitution.

If by “working with the system we live in” means you think we ought to take it as “established” at this point that the Supreme Court is going to have final say-so on the constitutionality of acts of states, and then urge the Court to make the most constitutional or libertarian decisions, I don’t even oppose this very much. It means giving up on the idea of federalism as one of the constraints on federal abuse of power, but I can understand your being willing to make this tradeoff. I am bothered by it; but I can understand your view here. But this does NOT imply that the Constitution itself supports this. So if I point out the constitutional aspects of this–and many libertarains ARE interested in what the Constitution actually says–why am I attacked by those who don’t really care about the Constitution? An honest reply to me would be: you may be right about the Constitution, but I think the Court should do whatever it can to vindicate rights, regardless of the constitutionality of this. But instead, I get people telling me I am wrong about the Constitution…. because they think my interpretation is not… libertarian. Wishing does not make it so, as you know.

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Long on Anarchy, Short on Government

From August 2004 LRC blog:

Long on Anarchy, Short on Government

Posted by Stephan Kinsella on August 13, 2004 10:07 AM

Roderick Long’s Mises U talk on anarchy is on his blog. I’ve heard that one anarchist expert said it’s the best speech he’s ever heard on the subject.

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Long on Anarchy

From LRC blog, Feb. 2004

Long on Anarchy

Posted by Stephan Kinsella on February 16, 2004 09:12 AM

Re a recent debate about anarchy, a new entry from Roderick Long:

“For those who’ve been following my online debate on anarchism with Robert Bidinotto, my latest contribution is available here.”

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Followup to this post: Latest pretentious terms from today’s Slate Political Gabfest and Culture Gabfest #40 (feel free to email me suggestions or leave them in the comments to the main page):

  • annus horribilis [CG#40]
  • anodyne [PG7-17-09, Emily]
  • chanteuse [CG#40]
  • gonzo [CG#40-all 3 hosts]
  • milquetoast [PG7-17-09,guest host Chris Beam]
  • patrimony [CG#40]
  • spanner (for wrench) [PG7-17-09, Dickerson]
  • sussed out [CG#40]
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Libertarian Papers, Vol. 1 (2009), Art. No. 31: “The Ethics of US Monetary Policy in Response to the Financial Crisis of 2007-2009,” by George Bragues

Abstract: Since the financial crisis first erupted in the summer of 2007, the US Federal Reserve has sought to contain negative spillovers into the real economy by dramatically loosening monetary policy. Initially, this was done by lowering its key lending rates, but as the crisis has worsened, and rates have approached closer to zero, it has resorted to expanding its balance sheet in a historically unprecedented fashion. The Fed’s total assets have more than doubled to nearly $2 trillion since the summer of 2007.

Much of the debate surrounding the wisdom of this extraordinary increase in the production of money has revolved around its expediency–in other words, will it actually work to rescue the economy? Very little has been said, at least explicitly, about whether it is the morally right thing to do.

This paper seeks to fill this gap by providing a moral analysis of the Fed’s response to the financial crisis. For this purpose, we apply Aristotelian virtue theory, Lockean natural rights philosophy, Kantian deontology, and Benthamite utilitarianism. The idea is that if a consensus, or a strong majority, can be reached from differing philosophic assumptions and starting points, then the resulting judgment ought to be compelling for all neutral observers. On the basis that the Fed’s efforts are likely to result in a marked rise in inflation, we argue that every one of these four moral theories ultimately renders a negative judgment. As such, we conclude that the Fed is pursuing an immoral course.

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