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Author's note: This essay was
originally intended for another publication and was written when a
repeal of the LP Oath had been recently rejected. However, it was
never published save for a posting on my quiz2d web site. It was
then reprinted on LibertyForAll.net
The tone in this essay can be a bit harsh at
time, but it is tough love. For years I was everything that this
essay criticizes. Eventually, I got tired of losing and started to
listen…
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"I do not believe in or advocate the
initiation of force as a means of achieving political or
social goals." Thus, do all members of the Libertarian Party
pledge. That is, we have vowed that as soon as we achieve the
political power to do it, we will completely eliminate all taxes
other than a few user fees. That is:
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If the current asset value of the land and
facilities held by the federal government is less than the bond
liability, then screw the bondholders. It doesn't matter if this
causes the United States to become a financial pariah, unable to
float bonds in the future.
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If the sale of assets fails to provide enough
cash to purchase annuities to replace current Social Security
obligations, then the geezers will just have to settle for
Alpo.
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If people don't voluntarily pony up enough
cash to support a sufficient military, then they'll just have to
rely on their own personal assault rifles and front yard
minefields.
I could go on.
Is it any wonder that the Libertarian Party has
had such great difficulties getting people elected? Surely the
insanity of the above implied campaign promises is a far bigger
factor than restrictive ballot access laws or a hostile press. Of
course, most LP members I have encountered (including myself) are
willing to compromise enough to allow a phase-out of government
services on which many depend. Most of us are willing to put up
with some taxation in order to protect the nation from military
conquest. Like good politicians, we intend to break many of our
campaign promises. But why make campaign promises that are
overwhelmingly unpopular?
A motion was brought before the party to abandon
the idea of requiring a membership oath. This was rejected at the
convention. The Oath exists for a very good reason: there is a very
real fear that pragmatic compromises will cause the LP to dilute
its principles to the point that it fails to justify its original
reason for existence. There is ample precedent; the Democratic
Party is, after all, the party of Thomas Jefferson.
But an uncompromising Libertarian Party also has
no reason for existence. To have a positive effect, it must be able
to field candidates that can attract at least 33% of the voters in
an electoral district. This has been done. However, I wonder how
many of those candidates actually promised to follow through with
the logical implications of The Oath.
Ironically, the only way a group of people who
follow the non-initiation of force directive literally could take
over the government would be to resort to violent overthrow (in
self-defense, of course). However, I for one, am unwilling to risk
my soul by blowing away IRS agents and other annoying bureaucrats.
Liberty and prosperity are all very nice, but they are not worth
going to Hell over. And even without the afterlife implications,
the loss of a third of my paycheck is a far lesser loss of my
personal freedom than the consequences of joining a violent
underground revolutionary movement. I suspect most libertarians
share with these sentiments. Thus, the non-democratic approach is
also non-viable.
The obvious solution is to adopt an alternative
to the current oath, one that allows some temporary flexibility
while principled long-term action. However, this is not so easy.
The current oath is an elegant summation of the natural rights
defense of liberty, and it is the natural rights defense of liberty
that is excessively uncompromising. A movement for a new oath could
very easily recreate the same defect as the current oath, for the
natural rights faction is powerful within the party. More to the
point, about the only alternative defense to liberty is the
utilitarian, and the utilitarian defense is notorious for leading
to excessive compromise.
In this article I will present a new (?)
approach to defending liberty, a broad approach that encompasses
the arguments of both the natural rights and utilitarian
approaches. It is a fuzzy, rather than binary approach, and as such
is elastic, rather than brittle or malleable. Its breadth provides
a firm foundation without requiring one to be a fanatic on any
particular point. Based on this approach I will suggest an
alternative membership oath for the LP that allows a broad enough
base to attain political viability without excessive dilution of
principles.
The Utilitarian Excuse for Liberty
The libertarian position has been mostly
defended on two grounds. The first is the natural rights position:
by some philosophic argument a moral postulate is asserted that
initiatiating force against another is wrong. By logical derivation
this rules out theft, slavery and, eventually, National Public
Radio. The beauty of this approach is that it is only necessary to
convince the potential convert of one thing, the aforementioned
postulate, and the entire LP platform follows logically more or
less.
A serious problem with this approach is that it
requires people to adopt an alien mode of thought; most people do
not try to compress their ideals into a few syllogism trees. For
this reason, many if not most Objectivists focus on teaching this
alien thought pattern; the first priority is to teach philosophy to
the masses. For many of these Objectivists, the libertarian
movement is a distraction from this quest.
It is not enough too teach the masses to be
philosophers, as hard as that is by itself. There are plenty of
other philosophies to chose from. Most them are harder to
understand, ergo, more profound. Of those people who do organize
much of their being hierarchically, many reject the nonagression
postulate. We call them college professors. Such people are
generally quite adept at tearing apart a priori arguments in
favor of any system of natural rights, just as we are adept at
tearing apart their rationalizations for the vile philosophies they
hold. This symmetry comes from a simple fact: it is not possible to
prove an "ought".
There is a bigger defect in the natural rights
argument that turns off philosopher and non-philosophers alike: it
leads to extreme conclusions. Most people are taken aback when told
that voting for a tax to pay for national defense is evil, blowing
away tax collectors in self defense is OK, cutting off widow's
Social Security checks is necessary if funds cannot be found
voluntarily, and so on. Initiating force is evil, but it is not the
only evil.
The main alternative defense is the utilitarian;
that is, that liberty, in the form of free market capitalism, has
many wonderful side effects. It produces a much higher level of
general wealth, which even benefits the poor in the long run. With
basic needs fulfilled, people can afford to do such nice things as
preserve the environment and historic treasures. They have time for
art and philosophical discourse. The wealthy and middle class can
give significantly to charity while still parking imported luxury
cars in large garages. As for the government that remains, it can
be run more efficiently as it is now focused. The resulting process
is more democratic, since the number of issues per election is
reduced so that the "lesser of two evils" factor is reduced.
All these are good arguments for liberty.
Indeed, they have proven themselves in the field. Politicians of
the major parties have used them to success to get elected. They
have a persuasive power such that even liberal Democrats have been
known to yield to them. We even have a major political party
that bases its marketing campaign largely around utilitarian
arguments for liberty: the Republican Party. With their majority
status in the legislature secured they have accomplished - not very
much.
Utilitarian defenders of liberty have been
proven to be very mushy. Against a determined, principled
opposition, they move in one direction: backwards. They may slow
the onslaught of socialism, but they rarely push back the tide.
When the natural rights advocates point this out, they have a
point.
Let's take a moment to ponder why this is so. On
paper, utilitarian arguments can be very powerful. However, we are
talking about a lot of paper; the utilitarian arguments are also
quite bulky. The failures of government programs are legion.
However, they fail in many different ways. One is faced with
dissecting each socialist proposal as it arrives. This requires
more than a sound bite. And as one desperately tries to give a
lecture on economics through the popular media, the opposition is
busily touting the benefits of their program, or the evils of the
status quo.
Not only are there a large number of arguments
to deal with, the arguments require mutiple steps. The benefits of
capitalism are not always obvious. To make them so to the voters
requires conferring economic knowledge to the masses. This is only
slightly less difficult then turning them all into philosophers.
And much of that knowledge will be focused towards trying to "fix"
socialism. There exists a large group of people with economic
knowledge who nonetheless oppose free-market capitalism. We call
them college professors.
This endeavor is not entirely hopeless. It is
possible in general terms to convey the threads common to many
arguments defending capitalism over government programs. To
wit:
With private ownership, people have an incentive
to preserve existing resources and create new ones. With
unrestricted trade, resources find their way to those who have the
most marginal benefit from them [sort of, the poor present a
problem here]. Capitalism leads to great wealth for the populace of
the whole. And when property rights are properly defined and
enforced, the beauty of nature (a thing of value to many, ergo, a
form of wealth) is also largely preserved.
The government program alternatives, by
contrast, suffer greatly from wasted efforts and resources, and
ugly side effects. Legislatures are by nature inefficient. Special
interests guide government efforts away from serving the general
weal. Attempts to follow a rule of law leads to tortuous red tape
when governments attempt to deal with detailed special cases.
Attempts to eliminate this red tape places arbitrary power in the
hands of unelected government agents. And so on.
These are good points. Libertarians do well when
they point these things out. They are vital to the defense of
liberty. However, they are not sufficient. Having made these
points, you still haven't proven that free-market garbage
collection is better than a municipal system. The delayed benefits
of each aspect free-market capitalism still need to be pointed out
to the impatient. Hidden victims of each government program need to
be revealed. The creatively destructive nature of the market needs
to be defended in each case.
Defending liberty on purely utilitarian grounds
is a recipe for being pecked to death by ducks.
This brings us back to one of the apparent
benefits of the natural rights approach: all one has to prove is
the non-aggression axiom and the rest follows. Harry Browne based
his presidential campaign on a utilitarian version of the "on axiom
proves all" approach. He simply stated "Government doesn't
work."
This is a nice feel-good slogan for existing
libertarians. It is a true statement when applied to many different
government programs. The number of government programs that don't
work, or work poorly is myriad. The negative side effects of
government programs are incredibly damaging to our society. These
factors can hide the one small problem with this slogan: it is a
bald-faced lie.
Retirees are receiving their Social
Security checks. Food stamps are reaching many poor people. The
public schools are teaching most of the children how to read. The
police are able to quell general civil unrest. The military has
prevented this country from being conquered. The government
is working. Governments may be expensive. Governments may
have unpleasant side effects. But governments do frequently
accomplish what they set out to do. Unfortunately, government
does work.
Indeed, if government doesn't work, how come
most of the inhabitable regions of the planet are ruled by
government? If one were to base conclusions on observations, the
obvious conclusion is that lack of government doesn't work.
I am not ruling out the possibility that anarcho-capitalism could
be made to work. However, burden of proof definitely falls hard on
the shoulders of the anarchist. Simply removing government does not
do the trick. Albania and Somalia are hardly libertarian
paradises.
Perhaps the slogan should be changed to
"Government doesn't work as well as the free market." This is
better, but count-examples still scream out at the average voter.
Just who is going to pay for that free-market military? Can I buy
some law that allows me to shoot my annoying neighbor? Are
competing toll roads really practical in rural areas? Do the
savings from competition make up for the inefficiency of building
extra roads?
Perhaps we drop back to "Government doesn't work
as well as the free market except for certain basic services like
law enforcement, the military, and road-building." We are getting
into dangerous ground here. It may turn out that there are
free-market law enforcement, military and road-building
opportunities in some circumstances. The above statement appears to
rule them out. And we still haven't fixed the fact that we have
made a blanket statement that is false in some cases.
Consider the tasks of taking care of the aged
with no descendants or of taking care of the severely retarded with
no living relatives. These tasks cannot be funded at a profit.
While a charitable agency will pinch pennies better than a
government agency, it is quite possible that the fund-raising power
of government more than compensates for its inefficiency. It is
possible that here government works better than the
voluntary alternative in this important instance.
And from my perspective, government does work
better than the free market in some trivial fields: I will take BBC
over ABC any day; likewise, PBS over CBS. I think space travel is
cool. The government put a man on the moon nearly 30 years ago. The
market has yet to come close to this feat.
I could go on. And the advocates of government
programs do go on - and on and on. With a pure utilitarian basis,
the argument of liberty vs. tyranny can and does degenerate into
arguments over who does a better job of picking up the garbage.
To be blunt: for me to argue the case for
liberty simply on its utilitarian benefits is dishonest. I don't
support the free market because it gives private garbage men the
incentive to move faster than their city-employed counterparts. If
someone were to come to me with a new form of socialism that
produces more economic growth and/or stability than the free market
I would still reject it. The plain fact is that I love liberty; I
hate being told what to do at implied gunpoint.
Honesty compels me to admit that both natural
rights and utilitarian arguments are simply rationalizations.
The Desire for Moral Arguments
"We should have a minimalist state limited to
protecting life and liberty…because we like it that way!"
Hmmm, sounds rather selfish. Besides, how well does this argument
hold up against: "We should have a single-payer system of
socialized medicine because we need [want] it!" Or how about:
"Everyone should ride a tricycle to work because we don't like
smog!" Or even "The mere thought of you getting stoned in your own
house is offensive to us, go to jail!"
A temptation at this point is to somehow
prove that the desire for liberty is somehow morally
superior than these other desires. Generally, these "proofs" are
applied to a subset of what constitutes liberty: that one has a
right to be free from the initiation of force from others. This is
a good starting point. Societies based on this premise are
definitely better to live in (from my perspective) than those that
are not. And this idea is found in many moral systems. Even in
communist countries theft and murder by individuals are
forbidden.
One can enumerate a host of reasons why
initiating force against another is bad. For starters, there is
simple self-interest: I don't like being at the wrong end of a gun.
Then there is empathy: I don't seeing others subjected to this
treatment. There is the dislike of violence: occasionally that gun
must go off to make the threat real. There are the utilitarian
arguments: when people restrict their interactions to voluntary
ones, overall wealth grows exponentially. There is the fairness
argument: the non-initiation of force directive should be applied
to everyone. Finally, there are arcane philosophical arguments such
as Hans-Hermann Hoppe's: for philosophic argument to be possible,
the debaters must have self-ownership1.
Any deconstructionist worth his salt can shred
these arguments in a few sentences2. Perhaps I deserve to be at
the wrong end of a gun, and the same goes for other people. To
elevate this dislike to a moral axiom is pretentious. And as for
violence, we are all going to die anyway. Maybe a violent end is
better for our souls than a peaceful one. War builds character. As
for the utilitarian arguments, who says general prosperity is a
moral absolute? Perhaps humanity deserves poverty. And who says a
moral axiom must apply to everyone? The king is above the law of
peasants; the king is under other laws. As for Hoppe's argument, it
simply isn't true. Two prisoners of a third party can debate freely
all they want when the guard is not listening. This happens.
Indeed, I have heard it said that people in the European welfare
states do more philosophical debating than in the freer United
States.
For any justification of any moral absolute, the
question can be asked "Why?" The answer can be responded to with
another "Why?" ad infinitum. The only way to close the
argument is to render it circular. The truly great philosopher can
hide this circularity in unreadable prose, thick with nested
clauses built with pronouns, prepositions and helping verbs, such
that the mind becomes so dizzy that circularity becomes
natural.
Like it or not, any moral axiom must be assumed
into existence. Sometimes the stated axiom is actually a theorem,
derived from other axioms. But in the end, the actual axioms used
are simply the product of some desire, "whim" if you will. The
religious might argue that their moral imperatives are based on
more than desires ("whims"). They are wrong. They are simply basing
their morals on the desires ("whims") of the Creator. Indeed, they
have the further unstated whim of desiring to please the Creator in
the first place. Other moral systems are logically feasible.
Indeed, many Gnostic sects considered obeying the creator to be a
sin.
Ayn Rand made the bold claim that she had
transcended the is/ought dilemma by basing her moral system on an
objective value: survival3. A deconstructionist could
ask "Why survival?" but suppose we bypass that and concede her
point. Basing morality on survival does not lead to a libertarian
society. It does lead to some degree of capitalism; for a
prosperous society has a higher survival rate. However, it leads to
many other conclusions that make libertarians unhappy. For
starters, if survival is the basis of morality, then the Safety
Nazis are right. Speed limits on the interstates should be set down
to 45 miles/hour and the limits rigidly enforced. Cigarettes, guns,
booze, recreational drugs, deep-fried foods, staying up late, and
so on ad nauseum should be illegal. The welfare advocates
also have a point. Directing productive activity from making luxury
cars to feeding and caring for the poor can lead to a higher
survival rate. One could even demand a mandatory eugenics program
or a government-financed program of space colonization on the value
of human survival.
Of course, Rand qualified this value to be
survival of Man qua Man, with Man being defined as "a
rational animal." This opens up some interesting possibilities: Do
stupid people fall under the definition of "Man"? How about the
senile? Infants? New Age fluff heads? Can we treat them as game
animals? Pets? Slaves?
Her novels reflect a serious disconnect between
her definition of Man and actual humans. We have John Galt giving
up potential tycoon status to be a menial worker on a railroad -
out of a sense of self-interest [sic!]. We have Francisco
D'Anconia intentionally throwing away his family fortune,
pretending to live the life of a playboy without getting laid -
once again, supposedly out of "rational" self-interest! To us
normal humans, these actions look like self-sacrifices, albeit for
the cause of free-market capitalism.
The unrealistic definition of "Man" is essential
to this natural rights derivation. Without it, we have some
non-libertarian possibilities. The liberal could point out that
"Man is a food-eating animal", therefore for Man to exist
qua Man, he needs food, and has a right to
government-provided food, accordingly; or "Man is a naked animal",
so for Man to exist qua Man, he has a right to either
clothing and shelter, or tropical real estate; or even "Man is a
social animal" so for Man to exist qua Man, he must have
social status, even if unearned.
The quest for an ironclad, a priori
justification for a libertarian form of law is a futile one. I
learned this the hard way, for I was on it myself for many years. I
was greatly enamored of the ideas behind Rothbard's The Ethics
of Liberty and had more than a passing fancy with Ayn Rand's
writings. On many occasions, I put these ideas to the test on the
philosophical battleground. Many times I found myself defending
untenable positions: axioms that cannot be proven and conclusions
that are extreme. The proposals I made were usually good, those of
my opponents, generally unworkable or even counterproductive. Yet
these facts generally got lost in the philosophical nitpicking.
Whenever I pointed out an atrocity or absurdity of government in
specific, my debating opponents could dodge by countering with a
similar attack on the complete lack of government. Their attacks
had merit, as the natural rights positions I held logically called
for such complete lack. Eventually, I grew tired of losing.
But suppose I am wrong. Let us suppose that some
brilliant philosopher within our movement comes up with the
logically consistent, brilliant derivation of why morality starts
a prior with the non-initiation of force. The arguments are
so compelling that her books are made mandatory reading in
philosophy departments across the land. So what? How will this
bring about a free society? I admit to having trouble following
some of the more arcane natural rights essays in this journal, and
I am a theoretical physicist by training. Consider the reasoning of
the average voter. Is Joe Six-pack going to voluntarily give up his
right to Social Security payments because some philosopher proved
that self-ownership is a necessary precondition to the dialectical
process?
I think the simpler argument is more compelling.
Freedom is good. Period.
The Power of Humility
Freedom is good, but it is not the only good.
There is also charity, fairness, respect for the Creator, respect
for the Creation (environment). Initiating force is evil, but it is
not the only evil. Taking advantage of someone else's naiveté
is also evil. Failing to properly take care of one's family is
evil. Wiping out a species is evil. Being a selfish jerk is
evil.
There are situations where the cause of charity
outweighs the cause of liberty. There are situations where
preservation of the environment outweighs the right to private
property. To deny this is to forfeit political viability. Indeed,
to live life by a syllogism is to forfeit a large piece of one's
humanity.
Anyone who has argued the natural rights
viewpoint to a hostile audience has been presented with these
situations. The Liberty Poll presented a few of them. I could
illustrate further, but instead will resort to the principle that
it is easier to see someone else's flaws than one's own. The hubris
of basing all morality on a few axioms is not unique to natural
rights libertarians.
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The communists noted properly that while some
basked in luxury, others suffered in extreme poverty. They focused
on this noble sentiment to the exclusion of all others. The results
killed millions.
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The Nazis noted the evils of communism, and
ignored all other moral imperatives in the quest to destroy
communism (and anyone even distantly related to Karl Marx).
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The drug warriors note correctly that many
people are not able to handle their highs. In their quest for
sobriety, they have denied pleasure to responsible users, trashed
the constitution, killed many, imprisoned many more, and thrown
honesty out the window.
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Environmentalists are notorious for measuring
commitment to the environment in terms of how much one is willing
to sacrifice to the cause. They are quite happy calling for the
adoption of extremely expensive and inconvenient technology in
order to make small gains in environmental quality. As an example,
consider the push for electric cars.
Libertarians have been known to take similar
extreme positions as an outgrowth of natural rights reasoning.
Consider: it is safe to say that generosity would go up if taxes
were reduced. It is also true that the resulting rising tide would
lift enough boats such that fewer would need charity. But would
this compensate for the elimination of social programs? I hope so,
but I do not know this to be true. What experiment proves
this not to be the case? Is the correct answer "screw the poor", or
allow some taxation to make up for the shortfall?
Do not dodge this question: if given the choice
between having a luxury tax on nice cars and houses, or having poor
children go malnourished, which will it be? To answer the latter is
to declare oneself an evil jerk. This does not win votes.
Hopefully, this question may be irrelevant in
the long run. It is possible that a purely libertarian society will
not need coerced charity. But this is not a priori true. One
must be ready for the answer if it is not. It is definitely
not true during the transition period.
There is a second danger to having a monochrome
view of moral issues: failure to look at the pragmatics. Even if
one is purely concerned with charity, the environment, or liberty,
it behooves one to look outside one's tunnel of intent. Often
times, a monomaniacal quest can backfire.
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>Any effort at poverty elimination that makes
more donations from the wealthy (forced or voluntary) its sole
measure of merit will fail utterly in its goal. If the rich were to
give away their wealth completely, then capital would be
transferred from producers to consumers with the result of everyone
becoming poor. There is a balance.
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The creation of huge penalties for drug
dealers has lead to children becoming the ideal frontline drug
dealers because juvenile law is more lenient.
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If new cars are made extremely expensive to
get rid of the last few orts of emissions, then people will drive
older cars longer, with the result of higher overall emissions. If
society is impoverished by extreme environmental regulation, then
human issues gain a higher marginal value compared to environmental
issues; the result is a backlash.
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If all who hate violence become complete
pacifists, then the violent will rule the world.
The Libertarian Party fields candidates with a
platform so extreme that they cannot win elections. Some
libertarians are so extreme that they cannot participate in
elections at all. Wendy McElroy has stated that she would rather
have Adolf Hitler elected than give [sovereignty] to the electoral
process by participating in an election in order to vote against
him4.
Moral Philosophy: an Economic Approach
I suspect some readers find my "whim" basis for
moral philosophy unsettling. I know I was quite disturbed when I
first gave up on the natural rights approach. There is something
comforting and elegant in having a tight axiomatic approach to such
issues. However, reality is far fuzzier, and it is best to deal
with it. To do so, let's admit some fuzzy realities:
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Moral stardards are ultimately derived from
aesthetics. In the English language "good" can mean either pleasant
or morally right; "bad" can mean unpleasant or evil. There is a
reason for this; the concepts are tied together. Evil is a subclass
of bad.
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There are many qualities that can go into
what people call good vs. bad. What constitutes a good restaurant
is a combination of the taste of the food, the nutritional value of
the food, the ambience, convenience of location, the speed of
service, price, and so on. Similarly, what constitutes a good
person is a combination of such qualities as productivity,
generosity, politeness, bravery in battle, prudence,
responsibility, nonviolence, and so on.
-
These virtues can be viewed atomically. There
is no compelling need to derive from the definition of restaurant
what combination of food quality, speed of service and so forth is
optimal. To do so is generally an exercise in highbrow
silliness.
-
These qualities are not binary. There are
degrees of cheapness, of food quality, of speed of service.
Likewise, there are degrees of productivity, generosity and so on.
Sometimes we can assign an actual number to these qualities (time
to be served, dollars given away), sometimes we are left with vague
comparatives (ambience, taste of food, politeness).
-
These qualities frequently conflict. Good
food usually costs more than mediocre food. Ambience often
conflicts with convenience of location. Delicious food is often bad
for our health. The same goes for moral actions. Productivity and
generosity can go together (you cannot give what you don't have) to
a point, but above a certain level of either trade off (giving away
capital leads to low productivity). Bravery in battle conflicts
often with prudence and always with nonviolence.
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The values of the virtues are situationally
dependent. A fast, cheap restaurant makes for a lousy date, but a
good weekday lunch. Bravery in battle is a vice if one is fighting
on the side of evil (Nazi, Commie, etc); it is a virtue when
fighting against evil. Sometimes it is best to be impolite when
encouraging others to be more productive or responsible.
There is a science that deals with such fuzzy,
conflicting qualities. This science long predates fuzzy logic. It
was even once a branch of moral philosophy. It is a science with
which libertarians are especially well acquainted. I refer, to
economics.
It is ironic that the libertarian movement does
not have a faction advocating an economic (vs. legalistic) view of
moral trade-offs.
When analyzing the trade-offs (opportunity
costs) that people deal when acquiring things of value, economists
think in such terms as marginal utility, supply, demand,
comparative advantage and so on. These same mental tools can be
applied to determining laws to enforce ideals of moral value
(non-initiation of force, environmental preservation, justice,
mercy…).
Instead of arguing whether liberty is more or
less important than charity or environmental protection, it is
better to look at the marginal price/benefit of a particular action
in terms of liberty, charity, the environment and so on. For
example, cutting food stamps would impose serious hardships on many
of the recipients. At the same time, a cut (or even elimination) in
the food stamp program would still be a very small cut in the size
of the federal government. The need for an income tax (or equally
invasive tax) would remain. Thus, the marginal gain in liberty
would be minimal. Similarly, paying a small group of biologists tax
dollars to nurse a nearly extinct species back to health is a
miniscule loss of liberty and a large gain for the environmental
cause.
On the other hand, eliminating entitlements for
the middle class can result in huge increases in liberty and
productivity with little suffering. If the middle class were to pay
for its own education and retirement, then the need for federal
taxes would be reduced drastically. Eliminating personal income
taxes becomes a possibility, even if government handouts to
professional athletes, Big Bird lovers and the poor continue. Since
the middle class already makes enough money to pay for these
services, the suffering would be confined to temporary
inconveniences (I am assuming that the retirement reform is to be
applied to the younger folk, of course).
Such analysis leads to setting priorities. This
is politically useful. You cannot defend the entire LP platform in
a sound bite. Indeed, it is hard to do so in one-hour speech. I
once watched Ron Paul try to do just that. It was not a good
speech.
The economic approach provides a mental
framework elastic compromise. Compromises necessary for
political viability need not require amendments to absolute moral
principles. Precedents are not set. The ideal that more freedom is
better is not compromised. Instead, an action is taken that
gains the most freedom available at the moment, given available
choices.
Let me illustrate this process with a simple
example from the monetary sphere with which most readers should be
familiar. As an ideal, I would like to have a great deal more
income than I currently receive. I would like to indulge in more
luxuries, contribute to more charities, and invest in more business
ideas. However, the practicality is that no one is currently
willing to hire me for the amount I desire. So I have compromised
by taking a realistic job. However, I am not in the least impelled
to rationalize that my current salary is all I will be able to
make. Like most people, I continue to look for ways to improve my
income.
For a macroscopic comparison, consider two
classes of professional compromisers: judges and engineers.
As wonderful as the U.S. Constitution is, it
does not cover all situations in a nice way. Sometimes the argument
is compelling to break its bounds. Unfortunately, these bounds are
not elastic. Each breaking sets a precedent, allowing subsequent
breaking in the same manner even when the situation is not so
compelling. The law drifts away from the original intent.
The engineer is also faced with compromises.
Consider the designer of an automobile. There are many qualities
that go into a good automobile: acceleration, top speed, distance
between refueling, reliability, safety, ride comfort, handling,
price, time to market, noise level, fuel economy, sleek design,
seating and luggage room, air emissions and so forth. It is not
possible to maximize all these variables. Engineers consciously
make sacrifices in some qualities to boost others. Between the
engineers and the marketers, cars are designed to attempt to please
various segments of the population.
Note what they do not do: they do not work from
some abstract definition of "automobile" and set precedents when
they deviate from the Platonic ideal. Instead, the imperfections in
the current model are remembered, and the quest for better
solutions is ongoing. Henry Ford made many compromises to make cars
as cheap as possible. These compromises have faded into quaint
memory. Today, we have mass production and a variety of
styles to choose from. When pollution and fuel economy became major
concerns in the 1970s, performance took a major hit. However, with
fuel injection and computer monitoring of various sensors, cars
once again are quick. When there was a shortage of cars after World
War II, the auto companies cranked out low quality cars as fast as
they could. Later, the Japanese proved that it was cheaper to build
quality cars than it was to service defective cars.
A similar dynamic process could be applied to
politics. I said that the marginal value of eliminating food stamps
is small today. However, suppose we have already gotten the middle
class off of their entitlements. Now, the marginal increase in
liberty becomes significant since food stamps are now a larger
fraction of the budget. Further, the danger of harm to the poor is
greatly reduced. The general increase in educational quality will
be enormous. The poor will be more employable, and the middle class
will be better at employing them. Finally, with the increase in
religious education, we can expect an increase in voluntary
charity.
Politicians are the engineers and marketers of
our legal system. Unfortunately there is no field of "legal
engineering". Bits and pieces of such a field exist in departments
such as economics and history, but the whole process is taught
nowhere. Legislatures consist of clueless compromisers and
monomaniacal advocates. Compromise is often a matter of brain-dead
splitting the difference as opposed to measuring marginal
tradeoffs. As a simple illustration, consider the Corporate Average
Fuel Economy regulation. It limits the average fuel consumption by
a automobile sold by a particular manufacturer. However, as a
compromise of necessity, it does not apply to trucks. The result
has been the replacement of station wagons and large luxury
automobiles with minivans and sport utility vehicles. The result is
more gasoline consumption at the same time an onerous
regulation remains on the book.
The engineering equivalent of such an idiotic
compromise would be as follows. An engineer is tasked to produce a
very fast sports car. He determines that rocket engine could be
used to produce incredible top speed and acceleration. However,
there are serious tradeoffs in terms of safety and mileage. The
idiotic compromise would be to put in a small enough rocket engine
to meet safety and mileage requirements. The result would be a car
that can barely move and just barely meets safety and mileage
requirements. The creative compromise is a large and/or
turbo-charged internal combustion engine.
Compromise need not be a dirty word. However, it
does need to be done correctly.
Defining our Movement
I have stated the case that a workable moral
philosophy must based on multiple fuzzy qualities. The same goes
for the definition of what makes a libertarian. To wit:
-
A libertarian should have a passionate love
of liberty, and a hatred of the initiation of force. The
consequence is that for a libertarian, one weighs heavily the cost
in liberty against the stated benefit of a law, regulation or
government program. If taken to infinity, we end up with the
natural rights definition, and this definition suffices by itself.
Without this infinite value to liberty, we need some supporting
factors to stay on track.
-
A libertarian should have an appreciation of
the power of the capitalist system to solve many social ills. This
component is also insufficient by itself, unless one takes the
infinite extreme position that capitalism can solve all ills. Such
a position lacks credibility. The voters are exposed to too many
examples of sleazy capitalism every time they see commercials on
television.
-
A libertarian should have an appreciation of
the limits of governmental power, that just because a law is on the
books means that it will be obeyed. It is imperative to keep
enforcement costs and limitations in mind. (Carrying this and the
previous argument to infinity is to make the brash statement
"Government doesn't work". Taken literally, this statement is
obviously false. Government is expensive and dangerous, but it does
accomplish its aims on occasion.)
-
A libertarian should have a healthy fear of
government. That is, in order to be able to enforce good or
indifferent laws, governments gain the power to enforce evil laws.
From such a fear, even a hater of drugs should think twice about
the drug laws, since the government needs extraordinary powers to
be able to carry them out.
-
A libertarian should worry about how
governments tend to grow. There are plenty of people who would use
government in selfish and/or unproductive ways. Constant vigilance
is necessary to keep them from making the government grow beyond
what is optimum (by the other criteria). The upshot is that it is
better to err on the side of too little government than too
much.
By requiring some amount of all five qualities
in our definition of what constitutes a libertarian, one reduces
the need for extremism in any one of the qualities. This allows the
possibility of widening the tent enough for political viability
without losing track of the raison d'être for the
LP.
Based on these principles, a replacement
Libertarian Party membership oath would go something like this:
I declare that I love liberty and abhor the
initiation of force, and as such desire to reduce the excessive
coercion and needless tyrannies exerted by our government.
I further declare my appreciation of the
market economy, and how many of our current social ills could be
ameliorated by improved property rights and the elimination of many
burdensome laws and regulations.
As for the remaining social ills, charity
should be the first recourse, for governmental solutions are
expensive, dangerous and often ineffective. The initiation of force
by government is a last resort, and acceptable only when the
consequences of governmental inaction are so dire as to justify
such force; and even when such moral compromises must be made, I
keep my eyes out for voluntary alternatives, for "government is a
fearful servant and a terrible master."
For these reasons I desire to join the
Libertarian Party, to act to eliminate needless coercion by
government at all levels, through peaceful, legal means.
The increased length does lead to a clunkier
oath, but I think it is worth the price. If the idea of changing
the oath along these lines gains popularity, someone within the
movement is bound to come up with better wording.
Coda: Selling vs. Arguing
One of the most powerful marketing techniques
available is to give the customer a sample of the product. Such an
approach transcends the potential customer's skepticism of the
arguments of the salesman or advertisement. And no matter how slick
the evocation, reality has a poignancy that is hard to beat. When
products are sold in large units (such as cars or appliances), the
hands-on demonstration is the next-best available approach. Indeed,
much of advertising is geared to getting people to go to the
showroom in order to experience the demonstration.
For those of us selling a reduction in the
initiation of force, we have a problem. In order to have a sample
to give out, we have to take over a government. This requires
convincing over half the population of a significant governmental
unit (state or country) that non-initiation is the way to go.
However, we cannot provide the product to demonstrate its benefits
until we have sold it. This produces a Catch-22 situation. For this
reason, some have suggested buying an island or having libertarians
move to a relatively uninhabited state. These approaches are rather
difficult, to say the least.
When one realizes that liberty is more than the
absence of force-initiation, ways to give out samples of liberty
come to mind rather quickly.
Many private organizations are even more
authoritarian than the government. Proprietary communities have far
more stringent regulations than most government zoning boards. Many
corporations are modeled along the lines of bureaucratic states and
cults of personality. For this reason, many union members see
bigger government as a source of liberty. Worse of all, many
private schools are organized along more authoritarian lines than
the public schools. Indeed, they often succeed where public schools
fail because they are better able to carry out the threats
necessary to run an authoritarian system properly.
After receiving orders at work on a regular
basis, what is the occasional encounter with a policeman? After
waiting in line several times a day at school for twelve years,
what is the big deal with an occasional line at the post office or
department of motor vehicles?
The blessings of liberty in and of itself are
not obvious to everyone. They have to be experienced to be fully
appreciated. A common story in a nature documentary is that of the
release of an animal brought up in captivity. The animal grows up
in a small cage. Then, it is set free, or at least moved to a more
humane zoo. The cage door is opened. Does the animal burst from the
cage growling "free at last?" No, it cringes for hours before
cautiously creeping out. Freedom can be scary. But it is also
addictive.
Simply giving them an appreciation of liberty is
not enough, however. Keep in mind that many people do not equate
capitalism with liberty. For those who do not have a business
degree or have started a business, the world of markets is a
mysterious world, filled not with choice, but fate and luck. It is
a travesty that the basic survival skills of the modern era are not
part of the core curriculum. It is possible to graduate from both
high school and college and still be greatly ignorant on how to
start and run a business -- and the stock (and option!) market is
more mysterious yet. Libertarians should start schools where at
least the basics of surviving and thriving are taught as part of
the core curriculum.
It is very common for young adults to be filled
bursting with desire to make the world a better place, ready to
make sacrifices to bring this about. This is both a dangerous and
beautiful thing. The socialists prey on such, channeling their
noble desires to evil techniques. Libertarians should counter this
proactively. The young altruist should be taught how many problems
can be solved by for-profit enterprises, that the current situation
is not purely the result of the current system of laws, but that
individual capitalists determine the end-result of the capitalist
system. It is not enough to make this point in the abstract; the
young altruist needs hands-on experience of the fact. Of course,
not all social ills can be solved for a profit. Even there, the
economically literate have much to offer. They can guide the young
altruist as to what portions of the problem are solvable for a
profit so as to focus precious altruistic efforts more
productively. And these non-profit efforts are still subject to the
laws of economics. There are effective and ineffective ways to give
money to the poor, and so on.
None of these efforts require soiling one's soul
with the government. Perhaps the ultimate irony of this essay is
that the deconstruction of natural rights theory leads to
productive ways to make a freer society, that can be practiced by
natural rights theorists who are too pure to vote.
1 "The
Ultimate Justification of the Private Property Ethic,"
Liberty v2, n1, September 1988, p20.
2
Thanks to Martin Ryle and the University of Richmond Society for
the Advancement of Epistemology for demonstrating this fact
repeatedly.
3
The Virtue of Selfishness, Signet paperback edition,
p17.
4 "Why
I Would Not Vote Against Hitler," Liberty v9, n5, May 1996,
p46.
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