1 Five Uses for the Distinction between Direct and Overall Liberty GMU Public Choice seminar 19 Nov 2014 by Daniel Klein [email protected]

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Five Uses for the Distinction Five Uses for the Distinction between Direct and Overall between Direct and Overall

LibertyLibertyGMU Public Choice seminar 19 Nov 2014GMU Public Choice seminar 19 Nov 2014

by Daniel Kleinby Daniel [email protected]

Liberty effects of RLiberty effects of R11

(and concomitant enforcement)(and concomitant enforcement)

• DirectDirect effects (or facets) effects (or facets)• IndirectIndirect effects effects

• OverallOverall: Direct and Indirect : Direct and Indirect

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Five uses for the distinctionFive uses for the distinction

1.1. Is liberty talk, classical liberalism Is liberty talk, classical liberalism coherent? coherent?

2.2. Libertarians and conservatives.Libertarians and conservatives.

3.3. Anarchy talk.Anarchy talk.

4.4. Interpreting political theories.Interpreting political theories.

5.5. The brighter side of nation-states.The brighter side of nation-states.33

The distinction is set out in The distinction is set out in an article by Michael J. Clark by Michael J. Clark and me.and me.

The journal published a comment by The journal published a comment by Walter Block and and one by one by Claudia Williamson..

Clark and I Clark and I replied..

Block Block rejoined..

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The Liberty PrincipleThe Liberty Principle

In a choice between two reforms, favor the one In a choice between two reforms, favor the one higher in liberty.higher in liberty.

Or:Or: If RIf R11 > >LL R R22, then R, then R11 > >DD R R22

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The Liberty MaximThe Liberty Maxim

By and largeBy and large, if R, if R11 > >LL R R22, then R, then R11 > >DD R R2.2.

The liberty maxim carries a presumption of liberty.The liberty maxim carries a presumption of liberty.

Now, opponents find much to object to.Now, opponents find much to object to.66

One objection has to do with the liberty operator One objection has to do with the liberty operator

>>LL

Suppose there are Suppose there are two two ways of ranking Rways of ranking R11 and R and R2 2

in terms of liberty.in terms of liberty.

77

Possible examples:Possible examples:

• Deregulation of Savings & Loans (1980s)? Deregulation of Savings & Loans (1980s)?

2008 bailouts?2008 bailouts?

• US govt entry into WWII?US govt entry into WWII?

• Legalizing bazookas?Legalizing bazookas?

• Banning lead from gasoline?Banning lead from gasoline?

• Open borders?Open borders? 88

Liberty effects of RLiberty effects of R11

(and concomitant enforcement)(and concomitant enforcement)

• DirectDirect effects (or facets) effects (or facets)

• IndirectIndirect effects effects

• OverallOverall: Direct and Indirect : Direct and Indirect 99

(Both are about “negative” liberty.)(Both are about “negative” liberty.)

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DisagreementDisagreement

RR11 > >DL DL RR22

and and

RR22 > >OL OL RR11 1111

Will the real Liberty Will the real Liberty please stand up?please stand up?

Direct-liberty operator:Direct-liberty operator:+ Much more concrete and determinate. + Much more concrete and determinate.

- Only part of the liberty story.- Only part of the liberty story.

Overall-liberty operator:Overall-liberty operator:+ The whole liberty story.+ The whole liberty story.

- Much less concrete and determinate.- Much less concrete and determinate.1212

Use #1Use #1






We have problems We have problems if disagreement …if disagreement …

• is rifeis rife• is unmanageable.is unmanageable.

• That is the use to which Clark and I put the That is the use to which Clark and I put the distinction. distinction.

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We came up with categories of possible We came up with categories of possible disagreementdisagreement

1.1. Thoreauvian coercionThoreauvian coercion

2.2. Coercive hazardCoercive hazard

3.3. Disarming or defusing private coercionDisarming or defusing private coercion

4.4. Controlling pollutionControlling pollution

5.5. Restrictions to prevent rip-offsRestrictions to prevent rip-offs

6.6. Subsidizing against coercive taboosSubsidizing against coercive taboos

7.7. Taxing to fund liberal enlightenmentTaxing to fund liberal enlightenment

8.8. Coercively tending the moral foundations of libertyCoercively tending the moral foundations of liberty

9.9. Log rolling for libertyLog rolling for liberty

10.10. Stabilizing the second bestStabilizing the second best

11.11. Military actions, etc.Military actions, etc.

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Thoreauvian CoercionThoreauvian Coercion

Private coercion might undo larger coercions.Private coercion might undo larger coercions.

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Coercive HazardCoercive Hazard

A play on A play on ““moral hazardmoral hazard””..

The point may play into any issue involving The point may play into any issue involving government subsidies or expenses.government subsidies or expenses.

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Disarming or defusing private Disarming or defusing private coercioncoercion

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Controlling pollutionControlling pollution

1919

Military actions, etc.Military actions, etc.

2020

• Toppling Saddam Hussein? Toppling Saddam Hussein? • The Korean War?The Korean War?• US involvement in WWII?US involvement in WWII?• The Civil War?The Civil War?• The US Revolutionary War?The US Revolutionary War?

Taking stockTaking stockIn a modern stable polity:In a modern stable polity:

The most significant areas of possible or arguable The most significant areas of possible or arguable disagreement:disagreement:

• Coercive hazardCoercive hazard• Controlling pollutionControlling pollution• Moral foundations and political dynamics with Moral foundations and political dynamics with

respect to massive immigrationrespect to massive immigration• Military actions, etc.Military actions, etc.

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Simon NewcombSimon Newcomb““It is not claimed that such propositions should be taught It is not claimed that such propositions should be taught

dogmatically, as if they were theorems of geometry. Not dogmatically, as if they were theorems of geometry. Not only should their limitations be pointed out, when only should their limitations be pointed out, when necessary, but the student should be encouraged to find necessary, but the student should be encouraged to find or even to imagine conditions under which the maxims or even to imagine conditions under which the maxims would fail. In doing this, the vice he should be would fail. In doing this, the vice he should be taught to avoid is that of concluding that taught to avoid is that of concluding that because he can imagine a state of things because he can imagine a state of things under which a maxim would fail, therefore under which a maxim would fail, therefore it is worthless.it is worthless.””

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Use #2Use #2






Conservatives see more Conservatives see more disagreement than do libertarians.disagreement than do libertarians.

• Restrictions to prevent rip-offsRestrictions to prevent rip-offs

• Taxing to fund liberal enlightenmentTaxing to fund liberal enlightenment• Military actions, etc.Military actions, etc.• Coercively tending the moral foundations of liberty, political Coercively tending the moral foundations of liberty, political

dynamicsdynamics• Log rolling for libertyLog rolling for liberty

Libertarianism has been described as a movement with head and Libertarianism has been described as a movement with head and no body; Republicanism has a head no body; Republicanism has a head and a bodyand a body. .

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Use #3Use #3






““AnarchyAnarchy””

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““Anarchy” would seem to be about eliminating all 10,000 govt Anarchy” would seem to be about eliminating all 10,000 govt interventions.interventions.

R* = abolishing all government interventions.R* = abolishing all government interventions.

What would be the indirect-liberty effects?What would be the indirect-liberty effects?

=> Issues of human frailty, meaning, cultural assumptions, etc., => Issues of human frailty, meaning, cultural assumptions, etc., and focal points and focal points amidst those issuesamidst those issues..

Abolitionism is much more meaningful.Abolitionism is much more meaningful.

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From Black’s Law Dict.From Black’s Law Dict.

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Jural Monism Jural Monism versus versus

Jural DualismJural DualismThe equal-equal relationshipThe equal-equal relationship

The superior-inferior relationshipThe superior-inferior relationship

Monism rejects the superior-inferior relationship.Monism rejects the superior-inferior relationship.

Is monism a vestige from the ancestral band?Is monism a vestige from the ancestral band?

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Many libertarians accept only the equal-equal relationship. Many libertarians accept only the equal-equal relationship.

But who executes R*?But who executes R*?

When government executes R*, does it annihilate its When government executes R*, does it annihilate its superiorhood?superiorhood?

Government has at least one necessary and important function: Government has at least one necessary and important function:

Dismantling other government functions.Dismantling other government functions.

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Libertarian scholars show that commutative justice Libertarian scholars show that commutative justice and other norms among equals emerge and other norms among equals emerge spontaneously. Voluntary provision.spontaneously. Voluntary provision.

Such points have little bearing on the superior-Such points have little bearing on the superior-inferior relationships as an appropriate expectation inferior relationships as an appropriate expectation and presupposition. and presupposition.

Such points don’t really speak to jural monism vs. Such points don’t really speak to jural monism vs. dualism.dualism.

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““AnarchyAnarchy””In general, I think that libertarian talk of anarchy In general, I think that libertarian talk of anarchy appeals to an instinctual jural monism but without appeals to an instinctual jural monism but without mounting much of a case for monism over mounting much of a case for monism over dualism. dualism.

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Use #4Use #4






David Hume, “Of the Original Contract”

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About the Tories:

“The one party, by tracing up government to the DEITY, endeavour to render it [government] so sacred and inviolate, that it must be little less than sacrilege, however tyrannical it may become, to touch or invade it, in the smallest article.”

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About the Whigs:

“The other party, by founding government altogether on the consent of the PEOPLE, suppose that there is a kind of original contract, by which the subjects have tacitly reserved the power of resisting their sovereign, whenever they find themselves aggrieved by that authority, with which they have, for certain purposes, voluntarily entrusted him.”

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- - About the Whig theory - (cont.)About the Whig theory - (cont.)

“[T]his promise is always understood to be conditional, and imposes on him [the ordinary man] no obligation, unless he meet with justice and protection from his sovereign. These advantages the sovereign promises him in return; and if he fail in the execution, he has broken, on his part, the articles of engagement, and has thereby freed his subject from all obligations to allegiance.”

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One of Hume’s objections to the Whig doctrine:

“nor has the most noted of its partizans, in prosecution of it, scrupled to affirm … that the supreme power in a state cannot take from any man, by taxes and impositions, any part of his property, without his own consent or that of his representatives.”

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• Hume is pointing out that, although Whigs speak as though the original contract specifies the safeguarding of liberty, in fact they approve of institutions that violate liberty.

• But the Whig could respond: Yes, we see the original contract as specifying a term about liberty, but, rather, it is that the government must never act in a way that reduces overall liberty.

• One might respond in turn: OK, but whether acts reduce overall liberty is unclear. Maybe we serve overall liberty by eschewing political-consent theory entirely.

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• Hume: “When we assert, that all lawful government arises from the consent of the people, we certainly do them a great deal more honour than they deserve …”

• Referring to Socrates in Crito:“Socrates refuses to escape from prison, because he had tacitly promised to obey the laws. Thus he builds a tory consequence of passive obedience, on a whig foundation of the original contract.”

• Hume identifies a danger in the Whig theory: A social-contract doctrine that omits any terms and conditions about liberty.

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Social democrats as jural monistsSocial democrats as jural monistsWhereas the libertarian anarchists want to deny or Whereas the libertarian anarchists want to deny or annihilate the superior-inferior relationship, the social annihilate the superior-inferior relationship, the social democrats deny it by saying that government is but a democrats deny it by saying that government is but a variety of equal-equal relationship.variety of equal-equal relationship.

Such thinking is based on the idea of the polity as a Such thinking is based on the idea of the polity as a hotel or club. It presupposes a collectivist configuration hotel or club. It presupposes a collectivist configuration of ownership.of ownership.

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Four views of governmentFour views of government

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Hume and Smith are jural dualists.Hume and Smith are jural dualists.

They are post-1688 writers.They are post-1688 writers.

Their political liberalism presupposes a stable Their political liberalism presupposes a stable polity.polity.

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Use #5Use #5






““Ideals are peaceful. History is violent.”Ideals are peaceful. History is violent.”

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History demonstrates that evil, illiberalism, is History demonstrates that evil, illiberalism, is not not only top-downonly top-down; it is also ; it is also bottom-upbottom-up (family, clan, (family, clan, tribe, gang, fief, local govt, religious sect, ethnicity) tribe, gang, fief, local govt, religious sect, ethnicity) and and side-to-sideside-to-side (raiding, invasion, conquest).(raiding, invasion, conquest).

A good case can be made that many nation-states A good case can be made that many nation-states have augmented overall liberty.have augmented overall liberty.

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Daniel Hannan: Daniel Hannan:

““It is extremely rare to find justice, freedom, It is extremely rare to find justice, freedom, or representative government flourishing in or representative government flourishing in any context other than a nation-state.”any context other than a nation-state.”

We learn by appreciating the best ones.We learn by appreciating the best ones.

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The The British/AngloBritish/Anglo experience experience James Campbell (Historian, Oxford): James Campbell (Historian, Oxford):

““Let me state a certainty. Late Let me state a certainty. Late

Anglo-Saxon England was a Anglo-Saxon England was a

nation-state. It was an entity with effective central nation-state. It was an entity with effective central authority, uniformly organized institutions, a national authority, uniformly organized institutions, a national language, a national church, defined frontiers language, a national church, defined frontiers (admittedly with considerable fluidity in the north), and, (admittedly with considerable fluidity in the north), and, above all, a strong sense of national identity.”above all, a strong sense of national identity.”

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From From statusstatus to contract to contractHannan:Hannan:

““What catalyzed the shift from status to contract [in What catalyzed the shift from status to contract [in Britain]?”Britain]?”

““First, the development of a nation-state: that is, a First, the development of a nation-state: that is, a regime able to apply laws more or less uniformly to regime able to apply laws more or less uniformly to a population bound together by a sense of shared a population bound together by a sense of shared identity.”identity.”

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Conclusion:Conclusion:Five uses for the distinctionFive uses for the distinction






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Thank you for your attention!Thank you for your attention!

Documents

1 Five Uses for the Distinction between Direct and Overall Liberty GMU Public Choice seminar 19 Nov 2014 by Daniel Klein [email protected]