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Gays Need the Freedom to Discriminate by Jeffrey A. Tucker

Gaining the right to be married is a win for liberty because it removes a barrier to free association. But how easily a movement for more freedom turns to the cause of taking away other freedoms!

Following the Supreme Court decision mandating legal same-sex marriage nationwide, the New York Times tells us that, “gay rights leaders have turned their sights to what they see as the next big battle: obtaining federal, state and local legal protections in employment, housing, commerce and other arenas.”

In other words, the state will erect new barriers to freedom of choice in place of the old ones that just came down!

To make the case against such laws, it ought to be enough to refer to the freedom to associate and the freedom to use your property as you see fit. These are fundamental principles of liberalism. A free society permits anything peaceful, and that includes the right to disassociate. Alas, such arguments seem dead on arrival today.

So let us dig a bit deeper to understand why anti-discrimination laws are not in the best interests of gay men and women, or anyone else. Preserving the ability to discriminate permits the market system to provide crucial information feedback to a community seeking to use its buying power to reward its friends and noncoercively, nonviolently punish those who do not share its values.

Ever more, consumers are making choices based on core values. Does this institution protect the environment, treat its workers fairly, support the right political causes? In order to make those choices — which is to say, in order to discriminate — consumers need information.

In the case of gay rights, consumers need to know who supports inclusion and who supports exclusion. Shutting down that information flow through anti-discrimination law robs people of crucial data to make intelligent buying decisions. Moreover, such laws remove the competitive pressure of businesses to prove (and improve) their commitment to community values, because all businesses are ostensibly bound by them.

A market that permits discrimination, even of the invidious sort, allows money and therefore success and profits to be directed toward those who think broadly, while denying money and profitability to those who do not. In this way, a free market nudges society toward ever more tolerant and inclusive attitudes. Money speaks far more persuasively than laws.

Notice that these proposed laws only pertain to the producer and not the consumer. But discrimination is a two-edged sword. The right can be exercised by those who do not like some groups, and it can be exercised by those groups against those who do not like them.

Both are necessary and serve an important social function. They represent peaceful ways of providing social and economic rewards to those who put aside biases in favor of inclusive decision making.

If I’m Catholic and want to support pro-Catholic businesses, I also need to know what businesses don’t like Catholics. If I’m Muslim and only want my dollars supporting my faith, I need to know who won’t serve Muslims (or who will put my dollars to bad use). If a law that prohibits business from refusing to serve or hire people based on religion, how am I supposed to know which businesses deserve my support?

It’s the same with many gay people. They don’t want to trade with companies that discriminate. To act out those values requires some knowledge of business behavior and, in turn, the freedom to discriminate. There is no gain for anyone by passing a universal law mandating only one way of doing business. Mandates drain the virtue out of good behavior and permit bad motivations to hide under the cover of law.

Here is an example from a recent experience. I was using AirBnB to find a place to stay for a friend. He needed a place for a full week, so $1,000 was at stake. The first potential provider I contacted hesitated and began to ask a series of questions that revolved around my friend’s country of origin, ethnicity, and religion. The rental owner was perfectly in his rights to do this. It is his home, and he faces no obligation to open it to all comers.

On the other hand, I found the questions annoying, even offensive. I decided that I didn’t want to do business with this person. I made a few more clicks, cancelled that query, and found another place within a few minutes. The new renter was overjoyed to take in my friend.

I was delighted for two reasons. First, my friend was going to stay at a home that truly wanted him there, and that’s important. Force is never a good basis for commercial relationships. Second, I was able to deny $1K to a man who was, at best, a risk averse and narrow thinker or, at worst, an outright bigot.

Declining to do business with him was my little protest, and it felt good. I wouldn’t want my friend staying with someone who didn’t really want him there, and I was happy not to see resources going toward someone whose values I distrusted.

In this transaction, I was able to provide a reward to the inclusive and broad-minded home owner. It really worked out too: the winning rental property turned out to be perfect for my friend.

This was only possible because the right to discriminate is protected in such transactions (for now). I like to think that the man who asked too many questions felt a bit of remorse after the fact (he lost a lot of money), and even perhaps is right now undergoing a reconsideration of his exclusionary attitudes. Through my own buyer decisions I was actually able to make a contribution toward improving cultural values.

What if anti-discrimination laws had pertained? The man would not have been allowed to ask about national origin, religion, and ethnicity. Presuming he kept his room on the open market, he would have been required under law to accept my bid, regardless of his own values.

As a result, my money would have gone to someone who didn’t have a high regard for my friend, my friend would have been denied crucial information about what he was getting into, and I would not be able to reward people for values I hold dear.

This is precisely why gay rights leaders should be for, not against, the right to discriminate. If you are seeking to create a more tolerant society, you need information that only a free society can provide.

You need to know who is ready to serve and hire gay men and women, so they can be rewarded for their liberality. You also need to know who is unwilling to hire and serve so that the loss part of profit-and-loss can be directed against ill-liberality. Potential employees and customers need to know how they are likely to be treated by a business. Potential new producers need to know about business opportunities in under-served niche markets.

If everyone is forced to serve and hire gays, society is denied important knowledge about who does and does not support enlightened thinking on this topic.

Consider the prototypical case of the baker who doesn’t want to make a wedding cake for a same-sex couple. He is within his rights. His loss of a potential customer base is his own loss. It is also the right of the couple to refuse to give this baker business. The money he would have otherwise made can be redirected towards a baker who is willing to do this. It is equally true that some people would rather trade with a baker who is against gay marriage, and they are within their rights as well.

Every act of discrimination, provided it is open and legal, provides a business opportunity to someone else.

How does all this work itself out in the long run? Commerce tends toward rewarding inclusion, broadness, and liberality. Tribal loyalties, ethnic and religious bigotries, and irrational prejudices are bad for business. The merchant class has been conventionally distrusted by tribalist leaders — from the ancient to the modern world — precisely because merchantcraft tends to break down barriers between groups.

We can see this in American history following the end of slavery. Blacks and whites were ever more integrated through commercial exchange, especially with the advance of transportation technology and rising incomes. This is why the racists turned increasingly toward the state to forbid it. Zoning laws, minimum wage regulation, mandatory segregation, and occupational licensing were all strategies used to keep the races separate even as the market was working toward integration.

The overwhelming tendency of markets is to bring people together, break down prejudices, and persuade people of the benefits of cooperation regardless of class, race, religion, sex/gender, or other arbitrary distinctions. The same is obviously and especially true of sexual orientation. It is the market that rewards people who put aside their biases and seek gains through trade.

This is why states devoted to racialist and hateful policies always resort to violence in control of the marketplace. Ludwig von Mises, himself Jewish and very much the victim of discrimination his entire life, explained that this was the basis for Nazi economic policy. The market was the target of the Nazis because market forces know no race, religion, or nationality.

“Many decades of intensive anti-Semitic propaganda,” Mises  wrote in 1944, “did not succeed in preventing German ‘Aryans’ from buying in shops owned by Jews, from consulting Jewish doctors and lawyers, and from reading books by Jewish authors.” So the racists turned to the totalitarian state — closing and confiscating Jewish business, turning out Jewish academics, and burning Jewish books — in order to severe the social and economic ties between races in Germany.

The biggest enemy of marginal and discriminated-against populations is and has always been the state. The best hope for promoting universal rights and a culture of tolerance is the market economy. The market is the greatest weapon ever devised against bigotry — but, in order to work properly, the market needs to signaling systems rooted in individuals’ freedom of choice to act on their values.

And, to be sure, the market can also provide an outlet for people who desire to push back for a different set of values, perhaps rooted in traditional religious concerns. Hobby Lobby, Chick-Fil-A, In-and-Out Burger, among many others, openly push their religious mission alongside their business, and their customer base is drawn to them for this reason. This is also a good thing. It is far better for these struggles to take place in the market (where choice rules) rather than through politics (where force does).

Trying to game that market by taking away consumer and producer choice harms everyone. Anti-discrimination laws will provide more choices at the expense of more informed choices. Such laws force bigotry underground, shut down opportunities to provide special rewards for tolerance, and disable the social learning process that leads to an ever more inclusive society.

New laws do not fast-track fairness and justice; they take away opportunities to make the world a better place one step at a time.


Jeffrey A. Tucker

Jeffrey Tucker is Director of Digital Development at FEE, CLO of the startup Liberty.me, and editor at Laissez Faire Books. Author of five books, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.

What Can the Government Steal? Anything It Pays For! by Daniel Bier

“…Nor shall private property be taken for public use, without just compensation.” – Fifth Amendment to the U.S. Constitution 

On Monday, I wrote about the Supreme Court’s decision in the case of Horne v. USDA, in which the Court ruled almost unanimously against the government’s attempt to confiscate a third of California raisin farmers’ crops without paying them a dime for it.

The confiscation was part of an absurd FDR-era program meant to increase the price of food crops by restricting the supply; the government would then sell or give away the raisins to foreign countries or other groups.

Overall, this ruling was a big win for property rights (or, at least, not the huge loss it could have been).

But there’s one issue that’s been overlooked here, and it relates to the Court’s previous decision in Kelo v. City of New London, the eminent domain case that also just turned 10 horrible years old yesterday.

In Horne, eight justices concluded that physically taking the farmers’ raisins and carting them away in trucks was, in fact, a “taking” under the Fifth Amendment that requires “just compensation.”

That sounds like common sense, but the Ninth Circuit Court of Appeals had ruled that the seizure wasn’t a taking that required compensation because, in their view, the Fifth Amendment gives less protection to “personal property” (i.e., stuff, like raisins or cars) than to “real property” (i.e., land).

The Court thankfully rejected this dangerous and illogical premise.

But while eight justices agreed on the basic question of the taking, only five agreed on the matter of just compensation.

The majority concluded that the government had to pay the farmers the current market value of the crops they wanted to take, which is standard procedure in a takings case (like when the government wants to take your home to build a road).

Justices Breyer (joined by Ginsburg and Kagan) wrote a partial dissent, arguing the federal government’s claim that the question of how much the farmers were owed should be sent back to the lower court to calculate what the farmers were owed.

Their curious reasoning was that, since the government was distorting the market and pushing up the market price of raisins, they should be able to subtract the value the farmers were getting from the artificially inflated price from the value of the raisins that were taken. The government argued that the farmers would actually end up getting more value than was taken from them, under this calculation.

Chief Justice Roberts, writing for the majority, derided this argument: “The best defense may be a good offense, but the Government cites no support for its hypothetical-based approach.”

But the most interesting part of this subplot came from Justice Thomas. Thomas fully agreed with Roberts’ majority opinion, but he wrote his own a one-page concurrence on the question of how to calculate “just compensation,” and it went right at the heart of Kelo.

In Kelo, a bare majority of the Court ruled that the government could seize people’s homes and give them to private developers, on the grounds that the government expected more taxes from the new development.

Marc Scribner explains how the Court managed to dilute the Fifth Amendment’s “public use” requirement into a “public purpose” excuse that allows the government to take property for almost any reason it can dream up.

Thomas’s concurrence disputes Breyer’s argument about calculating “just compensation” by pointing out that, had Kelo had been correctly decided, the government wouldn’t be allowed to take the farmers’ crops at all — even if it paid for them.

Thomas wrote (emphasis mine),

The Takings Clause prohibits the government from taking private property except “for public use,” even when it offers “just compensation.”

And quoting his dissent in Kelo:

That requirement, as originally understood, imposes a meaningful constraint on the power of the state — ”the government may take property only if it actually uses or gives the public a legal right to use the property.”

It is far from clear that the Raisin Administrative Committee’s conduct meets that standard. It takes the raisins of citizens and, among other things, gives them away or sells them to exporters, foreign importers, and foreign governments.

To the extent that the Committee is not taking the raisins “for public use,” having the Court of Appeals calculate “just compensation” in this case would be a fruitless exercise.

Unfortunately, Chief Justice Roberts is already writing as though the “public use” requirement was a dead letter, writing at one point in his opinion: “The Government correctly points out that a taking does not violate the Fifth Amendment unless there is no just compensation.”

But that isn’t true. A taking violates the Fifth Amendment, first and foremost, if it is not taken for “public use.” And confiscating raisins and giving them to foreign governments in order to keep the price of raisins in the United States artificially high does not, in any sane world, meet that standard.

What Thomas didn’t say, but clearly implied, was that the Court should have struck down the raisin-stealing scheme entirely, rather than just forcing the government pay for the crops it takes.

The Horne decision was good news, but it didn’t go far enough by actually imposing a meaningful limit on what counts as “public use.” The Court could have done that in this case, by overturning Kelo or at least adding somelimitations about what governments can lawfully take private property for.

Happily, Justice Thomas isn’t throwing in the towel on Kelo, and Justice Scalia has predicted that the decision will eventually be overturned.

So can the government still take your property for no good reason? Yes, for now. But at least they have to pay for it.

That’s not nothing. And for raisin farmers in California, it’s a whole lot.


Daniel Bier

Daniel Bier is the editor of Anything Peaceful. He writes on issues relating to science, civil liberties, and economic freedom.

The New Paganism? The Case against Pope Francis’s Green Encyclical by Max Borders

Paganism as a distinct and separate religion may perhaps be said to have died, although, driven out of the cities, it found refuge in the countryside, where it lingered long — and whence, indeed, its very name is derived. In a very real sense, however, it never died at all. It was only transformed and absorbed into Christianity. – James Westfall Thompson, An Introduction to Medieval Europe

In 2003, science-fiction writer Michael Crichton warned a San Francisco audience about the sacralization of the environment. Drawing an analogy between religion and environmentalism, Crichton said:

There’s an initial Eden, a paradise, a state of grace and unity with nature, there’s a fall from grace into a state of pollution as a result of eating from the tree of knowledge, and as a result of our actions there is a judgment day coming for us all.

We are all energy sinners, doomed to die, unless we seek salvation, which is now called sustainability. Sustainability is salvation in the church of the environment. Just as organic food is its communion, that pesticide-free wafer that the right people with the right beliefs, imbibe.

This analogy between religion and environmentalism is no longer a mere analogy.

Pope Francis, the highest authority in the Catholic Church — to whom many faithful look for spiritual guidance — has now fused church doctrine with environmental doctrine.

Let’s consider pieces of his recently released Encyclical Letter. One is reminded of a history in which the ideas of paganism (including the worship of nature) were incorporated into the growing medieval Church.

Excerpts from Pope Francis are shown in italics.


 

This sister protests the evil that we provoke, because of the irresponsible use and of the abuse of the goods that God has placed in her. We grew up thinking that we were its owners and rulers, allowed to plunder it.

Notice how Pope Francis turns the earth into a person. Sister. Mother. This kind of anthropomorphic trope is designed to make you think that, by virtue of driving your car, you’re also smacking your sibling. We’ve gone from “dominion over the animals and crawling things” to “plundering” our sister.

The violence that exists in the human heart wounded by sin is also manifested in the symptoms of the disease we feel in soil, water, air and in the living things. Therefore, among the most abandoned and ill treated poor we find our oppressed and devastated Earth, which “moans and suffers the pains of childbirth” [Romans 8:22].

First, if the state of the soil, water and air and living things is indeed symptomatic of our violent, sinful hearts, then the good news is that sin is on the decline. On every dimension the Pope names, the symptoms of environmental harm are getting better all the time — at least in our decadent capitalist country.

Do not take it on faith: here are data.

There are forms of pollution which affect people every day. The exposure to air pollutants produces a large spectrum of health effects, in particular on the most poor, and causes millions of premature deaths.

This will always be true to some degree, of course, but it’s less true than any time in human history. Pope Francis fails to acknowledge the tremendous gains humanity has made. For example, human life expectancy in the Paleolithic period (call this “Eden”) was 33 years. Life expectancy in the neolithic period was 20 years. Globally, life expectancy is now more than 68 years, and in the West, it is passing 79 years.

Yes, there is pollution, and, yes, the poor are affected by it. But the reason why the poor are affected most by air pollution is because they’re poor — and because they don’t have access to fossil fuel energy. Pope Francis never bothers to draw the connection between wealth and health because he thinks of both production and consumption as sinful. Brad Plumer writes at Vox,

About 3 billion people around the world — mostly in Africa and Asia, and mostly very poor — still cook and heat their homes by burning coal, charcoal, dung, wood, or plant residue in their homes. These homes often have poor ventilation, and the smoke can cause all sorts of respiratory diseases.

The wealthy people of the West, including Pope Francis, don’t suffer from this problem. That’s because liberal capitalist countries — i.e., those countries who “plunder” their sister earth — do not suffer from energy poverty. They do not suffer from inhaling fumes and particulate matter from burning dung becausethey are “sinful,” because they are capitalist.

See the problem? The Pope wants to have it both ways. He has confused the disease (unhealthy indoor air pollution) with the cure (cheap, clean, abundant and mass-produced energy from fossil fuels).

Add to that the pollution that affects all, caused by transportation, by industrial fumes, by the discharge of substances which contribute to the acidification of soil and water, by fertilizers, insecticides, fungicides, herbicides and toxic pesticides in general. The technology, which, connected to finance, claims to be the only solution to these problems, in fact is not capable of seeing the mystery of the multiple relationships which exist between things, and because of this, sometimes solves a problem by creating another.

It is strange to read admonitions from someone about the “multiple relationships that exist between things,” only to see him ignore those relationships in the same paragraph. Yes, humans often create problems by solving others, but that doesn’t mean we shouldn’t solve the problems. It just means we should solve the big problems and then work on the smaller ones.

Solving problems even as we discover different problems is an inherent part of the human condition. Our creativity and innovation and struggle to overcome the hand nature has dealt us is what makes us unique as a species.

Perhaps this is, for Pope Francis, some sort of Green Original Sin: “Thou shalt just deal with it.” But to the rest of us, it is the means by which we live happier, more comfortable lives here under the firmament.

The Earth, our home, seems to turn more and more into a huge garbage dump. In many places on the planet, the elderly remember with nostalgia the landscapes of the past, which now appear to be submerged in junk.

If you get your understanding of waste management and the environment from the movie Wall-E, then you might have the impression that we’re burying our sister in garbage. But as the guys over at EconPop have pointed out, land used for waste management is also governed by laws of supply and demand — which means entrepreneurs and innovators are finding better and less expensive ways to reuse, reduce, recycle, and manage our waste.

The industrial waste as well as the chemicals used in cities and fields can produce an effect of bio-accumulation in the bodies of the inhabitants of neighboring areas, which occurs even when the amount of a toxic element in a given place is low. Many times one takes action only when these produced irreversible effects on people’s health.

People, on net, are living longer and healthier than they ever have in the history of our species. What evidence does the Holy Father have that irreversible effects on people’s health rises to the level of an emergency that demands drafting in a papal encyclical? And why focus on the costs of “chemicals” without a single mention of overwhelming their human benefit? Indeed, which chemicals? This kind of sloppy thinking is rather unbecoming of someone who is (we are constantly reminded) a trained chemist.

Certain substances can have health effects, but so can failing to produce the life-enhancing goods in the first place. The answer is not to beg forgiveness for using soaps and plastics (or whatever), but to develop the institutions that prevent people and companies from imposing harmful costs onto others without taking responsibility for it.

The key is to consider the trade-offs that we will face no matter what, not to condemn and banish “impure” and unnatural substances from our lives.

These issues are intimately linked to the culture of waste, affecting so much the human beings left behind when the things turn quickly into trash.

Now we’re getting somewhere. This is where Pope Francis would like to add consumerism to production on the list of environmentally deadly sins.

Let us realize, for example, that most of the paper that is produced is thrown away and not recycled.

Heaven forfend! So would Pope Francis have us burn fossil fuels to go around and collect processed pulp? Is he unaware that demand for paper is what drivesthe supply of new trees? We aren’t running out of trees because we throw away paper. The Pope’s plan sounds like it could have been hatched in Berkeley, California, instead of Vatican City. And yet worlds have collided.

Michael Munger puts matters a little differently:

Mandatory recycling, by definition, takes material that would not be recycled voluntarily, diverts it from the waste stream, and handles it several times before using it again in a way that wastes resources.

The only explanation for this behavior that I can think of is a religious ceremony, a sacrifice of resources as a form of worship. I have no problem if people want to do that. As religions go, it is fairly benign. Butrequiring that religious sacrifice of resources is a violation of the constitutional separation of church and state.

Well, Professor Munger, this is the Pope we’re talking about.

We find it hard to admit that the operation of natural ecosystems is exemplary: plants synthesize nutrients that feed the herbivores; these in turn feed the carnivores, which provide a lot of organic waste, which give rise to a new generation of plants. In contrast, the industrial system, at the end of its cycle of production and consumption, has not developed the ability to absorb and reuse waste and slag.

Where is the evidence for this? These are matters of faith, indeed. All this time I thought the industrial system did have the ability to absorb and reuse waste: It’s called the system of prices, property, and profit/loss. The problem is not that such a “recycling” system doesn’t exist, it’s that corruption and government distorts the system of property, prices and profit/loss so that our economic ecosystem doesn’t operate as it should.

Indeed, when you have the Pope suggesting we burn gas to save glass, you have to wonder why the industrial system is so messed up. A system that “requires us to limit the use of non-renewable resources, to moderate consumption, to maximize the efficiency of the exploitation, to reuse and to recycle,” is called the market. And where it doesn’t exist is where you’ll find the worst instances of corruption and environmental degradation.

Then, of course, there’s climate change. In the interests of brevity I won’t quote the whole thing. But here’s the punchline, which might have been plucked straight from the IPCC Summary for Policymakers:

Climate change is a global problem with serious environmental, social, economic, distribution and policy implications, and make up one of the main current challenges for humanity. The heaviest impacts will probably fall in the coming decades upon developing countries.

This might be true. What the Holy Father fails to appreciate is that the heaviest impacts of policies designed to mitigate climate change will definitely fall upon developing countries. (That is, if the developing countries swear off cheap energy and embrace any sort of global climate treaty. If history is a guide, they most certainly will not.)

Meanwhile, the biggest benefits of burning more carbon-based fossil fuels will accrue the poorest billions on earth. The Pope should mention that if he really has their interests at heart or in mind.

But many symptoms indicate that these effects could get worse if we continue the current patterns of production and consumption.

“Patterns of production and consumption”? This is a euphemism for wealth creation. What is wealth except production and consumption of resources to further human need and desire?

His suggested cure for our dangerous patterns of wealth creation, of course, is good ole demand-side management. Wiser, more enlightened minds (like his, he hopes) will let you know which light bulbs to buy, what sort of car to drive, and which insolvent solar company they’ll “invest” your money in. You can even buy papal indulgences in the form of carbon credits. As the late Alexander Cockburn wrote,

The modern trade is as fantastical as the medieval one. … Devoid of any sustaining scientific basis, carbon trafficking is powered by guilt, credulity, cynicism and greed, just like the old indulgences, though at least the latter produced beautiful monuments.

But the most important thing to realize here is that the “current” patterns of production and consumption are never current. The earthquakes of innovation and gales of creative destruction blow through any such observed patterns. The price system, with its lightning-quick information distribution mechanism is far, far superior to any elites or energy cronies. And technological innovation, though we can’t predict just how, will likely someday take us as far away from today’s energy status quo, just as we have moved away from tallow, whale oil, and horse-drawn carriages.

The Pope disagrees with our rose-tinted techno-optimism, saying “some maintain at all costs the myth of progress and say that the ecological problems will be solved simply by new technical applications.”

The Pope sits on his golden throne and looks over the vast expanse of time and space — from hunter-gatherers running mammoths off cliffs to Americans running Teslas off electric power, from the USA in 1776 and 2015, from England before and after the Industrial Revolution, from Hong Kong and Hiroshima in 1945 to their glorious present — and sneers: progress is a myth, environmental problems can’t be fixed through innovation, production is destroying the earth, consumption is original sin.

Innovation is the wellspring of all progress. Policies to stop or undo innovation in energy, chemistry, industry, farming, and genetics are a way to put humanity in a bell jar, at best. At worst they will put some of us in the dark and others in early graves. They are truly fatal conceits.

And yet, the Pope has faith in policymakers to know just which year we should have gotten off the train of innovation. William F. Buckley famously said conservatives “stand athwart history, yelling ‘Stop!’” Greens are similar, except they’re yelling “Go back!”

Therefore it has become urgent and compelling to develop policies so that in the coming years the emission of carbon dioxide and other highly polluting gases is reduced drastically, for instance by replacing fossil fuels and by developing renewable energy sources.

I reflect again on the notion that this effort might be just another way of the Church embracing and extending a competitor religion. Then again, Pope Francis so often shows that he is a true and faithful green planner. In an unholy alliance with those who see the strategic benefit in absorbing environmentalism, the Holy Father has found the perfect way to restore the power of the Church over politics, economics, culture, and the state to its former glory.


Max Borders

Max Borders is the editor of the Freeman and director of content for FEE. He is also cofounder of the event experience Voice & Exit and author of Superwealth: Why we should stop worrying about the gap between rich and poor.


Daniel Bier

Daniel Bier is the editor of Anything Peaceful. He writes on issues relating to science, civil liberties, and economic freedom.

Obamaism vs The Good Guys

Obamaism is the opposition to everything American and the good guys are standing against it.

There Is No “Nationwide Crime Wave” — But Baltimore Is in Trouble by Daniel Bier

Heather McDonald’s Wall Street Journal op-ed “The New Nationwide Crime Wave” has exploded into the debate over police misconduct and criminal justice reform like a flash-bang grenade. It’s been discussed on numerous talk radio and cable news shows, and it’s been shared nearly 40,000 times on social media.

It’s a story engineered to go viral: It has a terrifying premise (crime everywhere is spiraling out of control!), a topical news hook (it’s all because of protesters!), a partisan bad guy (it’s all liberals’ fault!), and a weapons-grade dose of confirmation bias.

But there is no nationwide crime wave. It is completely manufactured by cherry picking data and misleading stats.

McDonald selects a handful of cities and quotes statistics to show that crime is exploding in “cities across America” this year:

In Baltimore… Gun violence is up more than 60% compared with this time last year, according to Baltimore police, with 32 shootings over Memorial Day weekend. May has been the most violent month the city has seen in 15 years.

In Milwaukee, homicides were up 180% by May 17 over the same period the previous year. Through April, shootings in St. Louis were up 39%, robberies 43%, and homicides 25%. …

Murders in Atlanta were up 32% as of mid-May. Shootings in Chicago had increased 24% and homicides 17%. Shootings and other violent felonies in Los Angeles had spiked by 25%; in New York, murder was up nearly 13%, and gun violence 7%.

Does this blizzard of numbers show a “nationwide crime wave”? No.

As John Lott points out at FoxNews.com,

Overall, the 15 largest cities have actually experienced a slight decrease in murders. There has been a 2 percent drop from the first five months of 2014 to the first five months of this year. Murder rates rose in eight cities and fell in seven. There is no nationwide murder wave.

Murder rates fell dramatically in some of these cities. Comparing this year’s January-to-May murder data with last year’s, we find that San Jose’s murder rate fell by a whopping 59 percent; Jacksonville’s fell by 31 percent; Indianapolis’ by 28 percent; San Antonio’s by 25 percent; and Los Angeles’ by 15 percent.

Even in the cities where murder is up compared to 2014, other categories of crime are down. New York, for instance, has had more murders but fewer burglaries and robberies. LA’s other violent crimes may be up, but murder is down.

She also implies that police are being attacked and killed more than ever: “Murders of officers jumped 89% in 2014, to 51 from 27.”

This 89% statistic is a deeply misleading view of the facts. Yes, 51 officers were murdered in 2014, compared to 27 in 2013. But 2013 was the safest year for police since World War II. It had the fewest shooting deaths for police since1887.

If you compare 2014’s 51 murders to other recent years, it’s not exceptional. In 2012, there were 48 officers killed. In 2011, it was 72. Over the last couple decades, the rate of police murders (and indeed work-related deaths from all causes) have fallen by nearly half, as have assault and injuries of police.

There’s another reason why McDonald quoted last year’s statistics for officer deaths when all of her other figures come from this year: officer shootings are down 27% so far this year.

Just like her other statistics, if she had given any context at all to the 89% figure, it wouldn’t have fit with her narrative of rising violence.

But never mind — as the author of this story, McDonald knows the cause of this fictitious trend: the “Ferguson Effect.”

The most plausible explanation of the current surge in lawlessness is the intense agitation against American police departments over the past nine months.

By her account, an “incessant drumbeat against the police” is behind the nonexistent “wave” of crime and violence against cops.

But this is also a myth. Public support for police has not waned. Gallup’s polling shows that confidence in law enforcement has been steady since the early 1990s.

That hasn’t changed, even after the protests against police abuse around the country. A Huffington Post/YouGov survey from April 2015 showed that 61% of Americans have a “great deal” or a “fair amount” of trust in their local department; 21% said “not very much,” and only 14% had “none.”

There is no national crime wave. Big cities are not facing a “surge of lawlessness.” There is no “war on cops.” The public hasn’t turned against the police.

So what’s going on in Baltimore? McDonald isn’t wrong about the spike in crime there. Baltimore City really is facing a breakdown in law and order.

Alex Tabarrok notes that police have made 40% fewer arrests since the start of the protests and the filing of criminal charges against six cops involved in Freddie Gray’s death.

As arrests have declined, crime has soared.

Tabarrok writes,

Not all arrests are good arrests, of course, but the strain is cutting policing across the board and the criminals are responding to incentives.

Fewer police mean more crime. As arrests have fallen, homicides, shootings, robberies and auto thefts have all spiked upwards.

Homicides, for example, have more than doubled from .53 a day on average before the unrest to 1.35 a day after (up to June 6, most recent data) – this is an unprecedented increase – and the highest homicide rate Baltimore has ever seen.

It’s not just murder. Shootings are up over 250%. Robberies are up 64%. Car thefts are up 42%.

It’s reasonable to assume that the increase in crime is at least partially related to the decline in police activity — criminals respond to incentives just like everyone else — but why aren’t police making arrests?

The answer might be found in the “De Blasio Effect.”

New York saw a similar “work stoppage” — that is, an unofficial strike — by the NYPD during its feud with Mayor De Blasio over his critical comments about the death of Eric Garner.

The NYPD retaliated: Arrests fell by 56% and criminal summonses fell by 92%, until the mayor made up with the department and police work resumed.

Kevin Drum speculates that BPD’s precipitous decline in arrests is a similar reprisal against the indictment of the officers involved in Freddie Gray’s death.

It’s certainly possible that has something to do with it, but officers appear to be genuinely spooked. About 130 cops were injured in the riots — that’s about 4.5% of the city’s officers down over the course of a week. That’s almost twice the rate of injury the average department sustains in a whole year.

Cops are understandably worried. Peter Moskos, a former BPD officer, says, “In Baltimore today, several police officers need to respond to situations where formerly one could do the job. This stretches resources and prevents proactive policing.”

There’s another issue: when crime spikes, police can be overwhelmed. Cases build up, and as new reports pour in, less and less time can be devoted to the old ones.

Most murders in Baltimore this year have gone unsolved. BPD’s clearance rate for homicides has fallen to just 40%, and the surge in killings can only make things worse.

Police Commissioner Anthony W. Batts said the rise in killings is “backlogging” investigators, just as the community has become less engaged with police, providing fewer tips.

Tabarrok is worried that a new equilibrium for crime could emerge in Baltimore. If crime continues to rise, clearance rates will fall further, detectives will get more backlogged, and it gets even harder to solve the next case. And if the probability of being caught and punished goes down, criminals will commit more crimes.

With luck the crime wave will subside quickly but the longer-term fear is that the increase in crime could push arrest and clearance rates down so far that the increase in crime becomes self-fulfilling. The higher crime rate itself generates the lower punishment that supports the higher crime rate

It’s possible that a temporary shift could push Baltimore into a permanently higher high-crime equilibrium. Once the high-crime equilibrium is entered it may be very difficult to exit without a lot of resources that Baltimore doesn’t have.

Some people see criminal justice reform as being anti-cop or “soft on crime,” but it’s not. Reform enables police to do a better job, which reduces crime — and that makes them and their citizens safer.

The best thing that Baltimore can hope for is that cops get back to work and start solving crimes. The best way to do that is for the community to engage with law enforcement.

Communities’ trust in police is key to fighting crime, and right now the BPD doesn’t have it. The Baltimore Sun has documented in excruciating detail the department’s history of corruption and excessive force, writing: “The perception that officers are violent can poison the relationship between residents and police.” And that leads to tips not given, 911 calls not dialed, and witnesses failing to come forward.

Real, credible reform, combined with accountability for misconduct and a strong commitment to community safety, is the best and probably only way to rebuild the relationship between citizen and cop and to turn crime around in Baltimore. The city and the police must embrace the task; they won’t accomplish it without each other.


Daniel Bier

Daniel Bier is the editor of Anything Peaceful. He writes on issues relating to science, civil liberties, and economic freedom.

Real Heroes: A Good Samaritan in Cambodia by Lawrence W. Reed

In 30 years of traveling to 81 countries, I’ve come across some pretty nasty governments and some darn good people. To be fair, I should acknowledge that I’ve also encountered some rotten people and a half-decent government or two. The ghastliest of all worlds, of course, is when you have rotten people running nasty governments — a combination that is not in short supply.

Indeed, as Nobel laureate F.A. Hayek famously explained in The Road to Serfdom, the worst tend to rise to the top of all regimes — yet another reason to keep government small in the first place (as if we needed another reason).

“The unscrupulous and uninhibited,” wrote Hayek, “are likely to be more successful” in any society in which government dominates life and the economy. That’s precisely the kind of circumstance that elevates power over persuasion, force over cooperation, arrogance over humility, and corruption over honesty.

So I take special note when I encounter instances of good people working around, in spite of, in opposition to, or simply without a helping hand from government. In today’s dominant culture and climate, private initiative is frequently shortchanged or viewed with suspicion. In some quarters, “private” means unreliably compassionate, incorrigibly greedy, or hopelessly unplanned. We’re overdue for a celebration of the good character many people exhibit when there’s no fame or fortune in it, just the satisfaction that comes from knowing you’ve done the right thing.

Sadly, I can’t give you the name of the person I want to tell you about, and shame on me for that. I spent a grand total of perhaps an hour with him, in short increments as he gave me rides in his “cyclo” (or rickshaw) from one place to another in Phnom Penh, Cambodia, in August 1989. When I was about to fly home to the United States, I gave him something without ever expecting he would do with it what I asked. I wish I’d had the presence of mind to ask for his name and contact information because, in all the years since, I’ve wished for an opportunity to thank him.

I lived in Midland, Michigan, at the time. The area press, particularly theMidland Daily News and the Saginaw News, featured stories about my upcoming visit to Southeast Asia. Local doctors donated medical supplies for me to take to a hospital in the Cambodian capital. A woman named Sharon from a local church saw the news stories. She called me and explained that a few years before, her church had helped Cambodian families who escaped from the Khmer Rouge communists and resettled in mid-Michigan. The families had moved on to other locations in the United States but stayed in touch with the friends they had made in Midland.

Sharon told me that she sent copies of the news stories to her Cambodian friends her church had helped a few years before. Through Sharon, each family asked if I would take letters with cash enclosed to their desperately poor relatives in Cambodia. When they sent anything through the mail, it usually didn’t end up where it was supposed to, especially if cash was involved. I offered to do my best, with no guarantees.

The families who were in Phnom Penh would prove relatively easy to locate, but the last family was many miles away in Battambang. That would have involved a train ride, some personal risk, and a lot of time I didn’t have. If I couldn’t locate any of the families, I was advised not to bring the cash back home but to give it to any poor person. Finding poor Cambodians in 1989, after the savagery the nation endured under the butchery of the Khmer Rouge a decade before, was like looking for fish in an aquarium.

When I realized I wasn’t going to make it to Battambang, I approached a man in tattered clothes in the hotel lobby. I had seen him there a few times before. He always smiled and said hello, and spoke enough English to carry on some short conversations. I had a sense — intuition, perhaps — that he was a decent person.

“I have an envelope with a letter and $200 in it, intended for a very needy family in Battambang. Do you think you could get this to them?” I asked. He replied in the affirmative. “Keep $50 of it if you find them,” I instructed. We said goodbye. I assumed I would never hear anything of what became of either him or the money. I am pained to this day by the realization that without much thought, I had sold him short.

Back home in Michigan several months later, I received an excited phone call from Sharon. “The Cambodians in Virginia whose family in Battambang that last envelope was intended for just received a letter from their loved ones back home!” And then she read me a couple paragraphs from that letter. The final sentence read, “Thank you for the two hundred dollars!

That man whose name I’m unsure of and whose address I never secured had found his way to Battambang. Not only did he not keep the $50 I offered; he somehow had found a way to pay for the train ride himself. Does his act of honesty tug at your heartstrings? If it does, then you appreciate something the world desperately needs, something that is indispensably crucial to a free and moral society. The man I trusted the money to was poor in material wealth but rich in something more important. As I wrote in a recent book,

Ravaged by conflict, corruption and tyranny, the world is starving for people of character. Indeed, as much as anything, it is on this matter that the fate of individual liberty has always depended. A free society flourishes when people seek to be models of honor, honesty, and propriety at whatever the cost in material wealth, social status, or popularity. It descends into barbarism when they abandon what’s right in favor of self-gratification at the expense of others; when lying, cheating, or stealing are winked at instead of shunned.

If you want to be free, if you want to live in a free society, you must assign top priority to raising the caliber of your character and learning from those who already have it in spades. If you do not govern yourself, you will be governed.

Character means that there are no matters too small to handle the right way. It’s been said that your character is defined by what you do when no one is looking. Cutting corners because “it won’t matter much” or “no one will notice” still knocks your character down a notch and can easily become a slippery slope.

In 2016, I hope to visit Cambodia again. It will be my first time there since 1989. I have a slim lead on how I might find the man I gave that letter and $200 to. I know it’s a long shot. He may have moved away or passed on. But if I find him, it will be a thrill I’ll never forget.

I will embrace him as a brother and be sure he understands that in my book, he is one Real Hero.

For further information, see:


Lawrence W. Reed

Lawrence W. (“Larry”) Reed became president of FEE in 2008 after serving as chairman of its board of trustees in the 1990s and both writing and speaking for FEE since the late 1970s.

EDITORS NOTE: Each week, Mr. Reed will relate the stories of people whose choices and actions make them heroes. See the table of contents for previous installments.

Socialism Is War and War Is Socialism by Steven Horwitz

“[Economic] planning does not accidentally deteriorate into the militarization of the economy; it is the militarization of the economy.… When the story of the Left is seen in this light, the idea of economic planning begins to appear not only accidentally but inherently reactionary. The theory of planning was, from its inception, modeled after feudal and militaristic organizations. Elements of the Left tried to transform it into a radical program, to fit into a progressive revolutionary vision. But it doesn’t fit. Attempts to implement this theory invariably reveal its true nature. The practice of planning is nothing but the militarization of the economy.” — Don Lavoie, National Economic Planning: What Is Left?

Libertarians have long confounded our liberal and conservative friends by being both strongly in favor of free markets and strongly opposed to militarism and foreign intervention. In the conventional world of “right” and “left,” this combination makes no sense. Libertarians are often quick to point out the ways in which free trade, both within and across national borders, creates cooperative interdependencies among those who trade, thereby reducing the likelihood of war. The long classical liberal tradition is full of those who saw the connection between free trade and peace.

But there’s another side to the story, which is that socialism and economic planning have a long and close connection with war and militarization.

As Don Lavoie argues at length in his wonderful and underappreciated 1985 book National Economic Planning: What Is Left?, any attempt to substitute economic planning (whether comprehensive and central or piecemeal and decentralized) for markets inevitably ends up militarizing and regimenting the society. Lavoie points out that this outcome was not an accident. Much of the literature defending economic planning worked from a militaristic model. The “success” of economic planning associated with World War I provided early 20th century planners with a specific historical model from which to operate.

This connection should not surprise those who understand the idea of the market as a spontaneous order. As good economists from Adam Smith to F.A. Hayek and beyond have appreciated, markets are the products of human action but not human design. No one can consciously direct an economy. In fact, Hayek in particular argued that this is true not just of the economy, but of society in general: advanced commercial societies are spontaneous orders along many dimensions.

Market economies have no purpose of their own, or as Hayek put it, they are “ends-independent.” Markets are simply means by which people come together to pursue the various ends that each person or group has. You and I don’t have to agree on which goals are more or less important in order to participate in the market.

The same is true of other spontaneous orders. Consider language. We can both use English to construct sentences even if we wish to communicate different, or contradictory, things with the language.

One implication of seeing the economy as a spontaneous order is that it lacks a “collective purpose.” There is no single scale of values that guides us as a whole, and there is no process by which resources, including human resources, can be marshaled toward those collective purposes.

The absence of such a collective purpose or common scale of values is one factor that explains the connection between war and socialism. They share a desire to remake the spontaneous order of society into an organization with a single scale of values, or a specific purpose. In a war, the overarching goal of defeating the enemy obliterates the ends-independence of the market and requires that hierarchical control be exercised in order to direct resources toward the collective purpose of winning the war.

In socialism, the same holds true. To substitute economic planning for the market is to reorganize the economy to have a single set of ends that guides the planners as they allocate resources. Rather than being connected with each other by a shared set of means, as in private property, contracts, and market exchange, planning connects people by a shared set of ends. Inevitably, this will lead to hierarchy and militarization, because those ends require trying to force people to behave in ways that contribute to the ends’ realization. And as Hayek noted in The Road to Serfdom, it will also lead to government using propaganda to convince the public to share a set of values associated with some ends. We see this tactic in both war and socialism.

As Hayek also pointed out, this is an atavistic desire. It is a way for us to try to recapture the world of our evolutionary past, where we existed in small, homogeneous groups in which hierarchical organization with a common purpose was possible. Deep in our moral instincts is a desire to have the solidarity of a common purpose and to organize resources in a way that enables us to achieve it.

Socialism and war appeal to so many because they tap into an evolved desire to be part of a social order that looks like an extended family: the clan or tribe. Soldiers are not called “bands of brothers” and socialists don’t speak of “a brotherhood of man” by accident. Both groups use the same metaphor because it works. We are susceptible to it because most of our history as human beings was in bands of kin that were largely organized in this way.

Our desire for solidarity is also why calls for central planning on a smaller scale have often tried to claim their cause as the moral equivalent of war. This is true on both the left and right. We have had the War on Poverty, the War on Drugs, and the War on Terror, among others. And we are “fighting,” “combating,” and otherwise at war with our supposedly changing climate — not to mention those thought to be responsible for that change. The war metaphor is the siren song of those who would substitute hierarchy and militarism for decentralized power and peaceful interaction.

Both socialism and war are reactionary, not progressive. They are longings for an evolutionary past long gone, and one in which humans lived lives that were far worse than those we live today. Truly progressive thinking recognizes the limits of humanity’s ability to consciously construct and control the social world. It is humble in seeing how social norms, rules, and institutions that we did not consciously construct enable us to coordinate the actions of billions of anonymous actors in ways that enable them to create incredible complexity, prosperity, and peace.

The right and left do not realize that they are both making the same error. Libertarians understand that the shared processes of spontaneous orders like language and the market can enable all of us to achieve many of our individual desires without any of us dictating those values for others. By contrast, the right and left share a desire to impose their own sets of values on all of us and thereby fashion the world in their own images.

No wonder they don’t understand us.


Steven Horwitz

Steven Horwitz is the Charles A. Dana Professor of Economics at St. Lawrence University and the author of Microfoundations and Macroeconomics: An Austrian Perspective, now in paperback.

Microaggressions and Microwonders: Are mountains out of molehills proof the world’s getting better? by Steven Horwitz

A recurring theme of recent human history is that the less of something bad we see in the world around us, the more outrage we generate about the remaining bits.

For example, in the 19th century, outrage about child labor grew as the frequency of child labor was shrinking. Economic forces, not legislation, had raised adult wages to a level at which more and more families did not need additional income from children to survive, and children gradually withdrew from the labor force. As more families enjoyed having their children at home or in school longer, they became less tolerant of those families whose situations did not allow them that luxury, and the result was the various moral crusades, and then laws, against child labor.

We have seen the same process at work with cigarette smoking in the United States. As smoking has declined over the last generation or two, we have become ever less tolerant of those who continue to smoke. Today, that outrage continues in the form of new laws against vaping and e-cigarettes.

The ongoing debate over “rape culture” is another manifestation of this phenomenon. During the time that reasonably reliable statistics on rape in the United States have been collected, rape has never been less frequent than it is now, and it is certainly not as institutionalized as a practice in the Western world as it was in the past. Yet despite this decline — or in fact because of it — our outrage at the rape that remains has never been higher.

The talk of the problem of “microaggressions” seems to follow this same pattern. The term refers to the variety of verbal and nonverbal forms of communication that are said to constitute disrespect for particular groups, especially those who have been historically marginalized. So, for example, the use of exclusively masculine pronouns might be construed as a “microaggression” against women, or saying “ladies and gentlemen” might be seen as a microaggression against transsexuals. The way men take up more physical space on a train or bus, or the use of the phrase “walk-only zones” (which might offend the wheelchair-bound) to describe pedestrian crossways, are other examples.

Those who see themselves as the targets of microaggressions have often become very effective entrepreneurs of outrage in trying to parlay these perceived slights into indications of much more pervasive problems of sexism or racism and the like. Though each microaggression individually might not seem like much, they add up. So goes the argument.

I don’t want to totally dismiss the underlying point here, as it is certainly true that people say and do things (often unintentionally) that others will find demeaning, but I do want to note how this cultural phenomenon fits the pattern identified above. We live in a society in which the races and genders (and classes!) have never been more equal. Really profound racism and sexism is far less prominent today than it was 50 or 100 years ago. In a country where the president is a man of color and where one of our richest entertainers is a woman of color, it’s hard to argue that there hasn’t been significant progress.

But it is exactly that progress that leads to the outrage over microaggressions. Having steadily pushed back the more overt and damaging forms of inequality, and having stigmatized them as morally offensive, we have less tolerance for the smaller bits that remain. As a result, we take small behaviors that are often completely unintended as offenses and attempt to magnify them into the moral equivalent of past racism or sexism. Even the co-opting of the word “aggression” to describe what is, in almost all cases, behavior that is completely lacking in actual aggression is an attempt to magnify the moral significance of those behaviors.

Even if we admit that some of such behaviors may well reflect various forms of animus, there are two problems with the focus on microaggressions.

First, where do we draw the line? Once these sorts of behaviors are seen as slights with the moral weight of racism or sexism, we can expect to see anyone and everyone who feels slighted about anything someone else said or did declare it a “microaggression” and thereby try to capture the same moral high ground.

We are seeing this already, especially on college campuses, where even the mere discussion of controversial ideas that might make some groups uncomfortable is being declared to be a microaggression. In some cases this situation is leading faculty to stop teaching anything beyond the bland.

Second, moral equivalence arguments can easily backfire. For example, if we, as some feminists were trying to do in the 1980s, treat pornography as the equivalent of rape, hoping to make porn look worse, we might end up causing people to treat real physical rape less seriously given that they think porn is largely harmless.

So it goes with microaggressions: if we try to raise men taking up too much room on a bus seat into a serious example of sexism, then we risk people reacting by saying, “Well, if that’s what sexism is, then why should I really worry too much about sexism?” The danger is that when far more troubling examples of sexism or racism appear (for example, the incarceration rates of African-American men), we might be inclined to treat them less seriously.

It is tempting to want to flip the script on the entrepreneurs of microaggression outrages and start to celebrate their outrages as evidence of how far we’ve come. If men who take the middle armrest on airplanes (as obnoxious as that might be) are a major example of gender inequality, we have come far indeed. But as real examples of sexism and racism and the like do still exist, I’d prefer another strategy to respond to the talk of microaggressions.

Let’s spend more time celebrating the “microwonders” of the modern world. Just as microaggression talk magnifies the small pockets of inequality left and seems to forget the larger story of social progress, so does our focus on large social and economic problems in general cause us to forget the larger story of progress that is often manifested in tiny ways.

We live in the future that prior generations only imagined. We have the libraries of the world in our pockets. We have ways of easily connecting with friends and strangers across the world. We can have goods and even services of higher quality and lower cost, often tailored to our particular desires, delivered to our door with a few clicks of a button. We have medical advances that make our lives better in all kinds of small ways. We have access to a variety of food year-round that no king in history had. The Internet brings us happiness every day through the ability to watch numerous moments of humor, human triumph, and joy.

Even as we recognize that the focus on microaggressions means we have not yet eliminated every last trace of inequality, we should also recognize that it means we’ve come very far. And we should not hesitate to celebrate the microwonders of progress that often get overlooked in our laudable desire to continue to repair an imperfect world.

Steven Horwitz

Steven Horwitz is the Charles A. Dana Professor of Economics at St. Lawrence University and the author of Microfoundations and Macroeconomics: An Austrian Perspective, now in paperback.

The New Republic: The Dumb Libertarian Era Is Here by Max Borders

As civilized human beings, we are the inheritors, neither of an inquiry about ourselves and the world, nor of an accumulating body of information, but of a conversation, begun in the primeval forests and extended and made more articulate in the course of centuries. It is a conversation which goes on both in public and within each of ourselves. – Michael Oakeshott

What do academics see when they stare down upon the rest of America? Columbia’s Mark Lilla, at least, thinks he sees a “libertarian age.”

Writing in the New Republic, Lilla wraps his punchline in a shroud of obscurity, concluding,

The libertarian age is an illegible age. It has given birth to a new kind of hubris unlike that of the old master thinkers.

Our hubris is to think that we no longer have to think hard or pay attention or look for connections, that all we have to do is stick to our “democratic values” and economic models and faith in the individual and all will be well.

Having witnessed unpleasant scenes of intellectual drunkenness, we have become self-satisfied abstainers removed from history and unprepared for the challenges it is already bringing.

Lilla suggests the old master thinkers knew better how to understand the great arc of history because they had an ideology. But we don’t.

“Our libertarianism operates differently,” writes Lilla, “it is supremely dogmatic, and like every dogma it sanctions ignorance about the world, and therefore blinds adherents to its effects in that world. It begins with basic liberal principles — the sanctity of the individual, the priority of freedom, distrust of public authority, tolerance — and advances no further.”

Now that’s strange. The normal line is that libertarians are too ideological. Of course it’s true that a form of libertarianism that advances no further than a few platitudes or axioms would be an anemic sort of libertarianism.

But the point of libertarianism is not to fill our lives with specific virtues and values; rather, it is to provide a superstructure for various moral communities to coexist peacefully.

A Libertarian Age?

Even if one agrees a libertarian age is upon us, the cock has only just crowed. According to Lilla, though, because this age is not rooted in an ideology, it is marked by an errant attitude that somehow washed over us after the fall of communism in place of all ideology. If that’s the case, why call it “libertarian”?

To describe this age as Lilla does is to fundamentally misunderstand the wordlibertarian, or at least to use it haphazardly as a convenient, if denigrating label. To misunderstand the word is also a failure to appreciate a living tradition that is only now beginning to flower in the digital era.

When I think about that rich, expanding tradition, I think of economic historian Deirdre McCloskey. She offers the kinds of connections Lilla might like to see, especially in her excellent The Bourgeois Virtues. I doubt, however, those connections are the ones Lilla would like us to draw.

Here’s McCloskey choosing not to abstain:

The master narrative of High Liberalism [modern, left-liberalism] is mistaken factually.

Externalities do not imply that a government can do better. Publicity does better than inspectors in restraining the alleged desire of businesspeople to poison their customers. Efficiency is not the chief merit of a market economy: innovation is. Rules arose in merchant courts and Quakers fixed prices long before governments started enforcing them.

I know such replies will be met with indignation. But think it possible you may be mistaken, and that merely because an historical or economic premise is embedded in front page stories in the New York Times [or The New Republic] does not make them sound as social science.

It seems to me that a political philosophy based on fairy tales about what happened in history or what humans are like is going to be less than useless. It is going to be mischievous.

It’s true. There is no ideology here, just the sum of facts.

A Narrative, an Ideology

But Lilla thinks he has a different and better narrative about history — one that is not so devoid of ideology. It’s difficult to say what that narrative is, because Lilla is so vague in his critique — so much so that one wonders if he’s simply dissatisfied with the want of ideology and hopes to put a sticker on it. He reaches for a sticker. “Libertarian” will do.

The closest we get to any proposed counternarrative comes in who Lilla would award for attempting to fix the Middle East: “The next Nobel Peace Prize should not go to a human rights activist or an NGO founder. It should go to the thinker or leader who develops a model of constitutional theocracy giving Muslim countries a coherent way of recognizing yet limiting the authority of religious law and making it compatible with good governance.”

Notice he did not say a working model, nor a successfully implemented model. Just a model. Despite the nod to a people’s history and culture, he wants to see more intellectuals with models.

Political philosopher Michael Oakeshott once said, “Like Midas, the Rationalist is always in the unfortunate position of not being able to touch anything, without transforming it into an abstraction; he can never get a square meal of experience.”

But that’s just the problem with models and planning, says Deirdre McCloskey:

How do I know that my narrative is better than yours? The experiments of the 20th century told me so. It would have been hard to know the wisdom of Friedrich Hayek or Milton Friedman or Matt Ridley or Deirdre McCloskey in August of 1914, before the experiments in large government were well begun.

But anyone who after the 20th century still thinks that thoroughgoing socialism, nationalism, imperialism, mobilization, central planning, regulation, zoning, price controls, tax policy, labor unions, business cartels, government spending, intrusive policing, adventurism in foreign policy, faith in entangling religion and politics, or most of the other thoroughgoing 19th-century proposals for governmental action are still neat, harmless ideas for improving our lives is not paying attention.

Or perhaps they’re failing to “look for connections.”

No Good Reason

But there’s more. Lilla writes:

Libertarianism’s dogmatic simplicity explains why people who otherwise share little can subscribe to it: small-government fundamentalists on the American right, anarchists on the European and Latin American left, democratization prophets, civil liberties absolutists, human rights crusaders, neoliberal growth evangelists, rogue hackers, gun fanatics, porn manufacturers, and Chicago School economists the world over.

The dogma that unites them is implicit and does not require explication; it is a mentality, a mood, a presumption — what used to be called, non-pejoratively, a prejudice.

Got that? A mood. A dogma. A prejudice.

Let’s assume that we all agree about what the words dogma and prejudice mean. A dogma is not an ideology because it offers no reasons for anyone’s commitments. A prejudice is simply a disposition to believe something, perhaps also for no good reason at all.

That means libertarians have no good reason to be suspicious of power (such as police power excesses in Baltimore or Ferguson), no good reason to commit to smaller government (like bank bailouts or military adventurism), no reason to believe that open trade helps the world develop (despite all the evidence), no reason to protect expression, no reason to acknowledge the social benefits of emergent order, and no reason to create a digital currency (Argentine inflation is fine).

Voluntary cooperation or the free flow of ideas, people, capital, and goods? These are all just byproducts of our dumb post-ideological age. Why? Because, according to Lilla, libertarianism is just a dogma.

To understand history through the lens of people with power screwing things up more than helping is not an abstention, and it is not illegible. The relationship between people with coercive power and the rest is our historical-ideological filter, and that’s just for starters.

Rational Irrationality

Lilla’s mischief does not just extend to history. That failure to understand libertarianism hangs about his thesis, too.

For example, a libertarian does not admire “democratic values,” as Lilla suggests. These are the values of those who would trade in the one-headed master with the many-headed one. Libertarians don’t find much value in masters at all.

Majoritarian elections don’t harness the wisdom of crowds, as Bryan Caplan reminds us in The Myth of the Rational VoterSuch wisdom can only be gained by people who are more directly accountable for their actions, who have more skin in the game, or who feel the invisible threads of community animating them in common missions. That’s not electoral politics, though.

Voters, as such, are hopelessly biased, because they don’t pay directly for what they pray for in the voting booth. So yeah, democracy is overrated. It’s certainly not something most libertarians wish to export or impose on people with twelfth-century cultures and mores. Nor is it is a twenty-first century social operating system for a free people.

Libertarians prefer organizations, markets, and community groups that compete for mindshare and marketshare. But organizations, markets, and community groups only emerge in the fertile soil of free institutions. That’s why libertarians like voluntary systems with rule of law, porous borders, and rights of exit.

Individuals coordinate either in support of organizational goals, or they participate in an order no individual could have planned. Both forms of order are beautiful — at least to the libertarian. But we certainly don’t expect to find such orders everywhere.

The Problem of Power

What about acquiescence to “public authority”? Yes, we are skeptical. And it’s true we are more interested in shedding authority, because power interferes with people’s life projects and communities. We don’t have this skepticism due to habit or breeding. We have it because we want to live the kind of happy and fulfilled lives that comes in a decentralized discovery process, which doesn’t figure into any planner’s plans. Yet planners are constantly trying to plan despite those life projects. You might say we’re not living in a “libertarian age,” but in a regulated age.

But Lilla insists our libertarian age is one marked by people failing to “think hard, or pay attention, or look for connections.” This is the sort of thing that might make progressives in the New York salon nod in vigorous assent, but it’s the nodding of those who have no idea what they’re talking about, the affectations and social signals of the salon.

The libertarian worldview is not based on technocratic dreams, government largess, or “communitarian” fancies in which elites concoct statutory schemes to blanket the land with unitary control. If this were really in a libertarian age, we would not be arguing over whether or not we are “self-satisfied abstainers.”

We would have a lot more opt-in systems — not everywhere, but in enough places, including the U.S. We would be a nation of joiners again. We could, as Paul Emile de Puydt suggested, “move from republic to monarchy, from representative government to autocracy, from oligarchy to democracy, or even to Mr. Proudhon’s anarchy — without even the necessity of removing [our] dressing gown or slippers.”

But this is not the age we live in.

The Coming Libertarian Age

The coming libertarian age will be marked not by a failure to think about the meaning of history. It will be marked by people participating in the creation of new communities, governance structures, businesses, and networks — building them up like coral reefs.

“Everyday forms of resistance make no headlines,” says James C. Scott in Two Cheers for Anarchism.

Just as millions of anthozoan polyps create, willy-nilly, a coral reef, so do thousands upon thousands of individual acts of insubordination and evasion create a political or economic barrier reef of their own. There is rarely any dramatic confrontation, any moment that is particularly newsworthy.

And whenever, to pursue the simile, the ship of state runs aground on such a reef, attention is typically directed to the shipwreck itself and not to the vast aggregation of petty acts which made it possible

If there is anything to terrify Lilla and the New Republic, it is that libertarian age. Technocracy runs aground on the coral reefs of genuine connection and decentralized market participation.

So in order to critique this “new kind of hubris,” Lilla should really tell us more about the hubris of the old master thinkers. I recall the organized-perfection society of Plato, whose order would be planned based on some, well, Platonic ideal about the virtuous person who would rule. Perhaps Lilla is referring to master thinkers like Bentham, who reduced humanity to an aggregate of hedonic calculation machines, which has given rise to an entire field of mathematical macroeconomics that lobotomizes the individual and ignores real people. Then there is of course Karl Marx, whose ideology left scores of millions destitute or dead.

Lilla cautions us not to ignore Marx’s concerns, even though the Marxists themselves left scorched earth. We still need ideology, he thinks:

The end of the cold war destroyed whatever confidence in ideology still remained in the West. But it also seems to have destroyed our will to understand. We have abdicated. The libertarian dogma of our time is turning our polities, economies, and cultures upside down—and blinding us to this by making us even more self-absorbed and incurious than we naturally are. The world we are making with our hands is as remote from our minds as the farthest black hole. Once we had a nostalgia for the future. Today we have an amnesia for the present.

Destroyed our will to understand? Libertarian dogma means “turning our polities upside down”? Making us self-absorbed? What in the world is he talking about?

Is he referring to those self-absorbed and benighted souls who brought down the Berlin Wall? Or is he simply disturbed that all they could find to do after communism’s fall was start shops and buy heavy metal albums? Maybe it’s their children — the millennials with their texting and their selfies.

He doesn’t really say. He only seems to suggest we need more Isaiah Berlins. Fair enough. At least give us something we can sink our teeth into. In conflating democracy with libertarianism, perhaps Lilla thinks voters are in fact too dumb to rule and that a wise, though considerably less hubristic, elite could show us the way if we weren’t so distracted by modern amusements.

But apart from evoking the bugbear of “neoliberalism” and praying for a theocratic modeler for the Middle East he’s scant on details. Instead, all he can offer is that we have “amnesia for the present.”

Sounds deep: chicken soup for the progressive soul. To show that we’re in a vapid libertarian age, Mr. Lilla needs to cite evidence and name names. Otherwise, it’s just the same innuendo and intimation we’ve come to expect from those prepared to spin out caricatures or just-so stories to slap the L-word on them.

In the Mood

So, Dear Reader, take with you your dogmas and your prejudices and make this world freer one act of defiance at a time. Why not? Because it’s fun — just a mood — and we have the excuse of living in that insipid age.

Your dream community, your world-changing innovation, or your preferred causes have no relevance there in the Department of History at Columbia University. Participate then in the creation of your self-absorbed fantasies with a thousand acts of permissionless kindness, a thousand dollars of investment in a small business, or a thousand lines of code.

What will flow from your dogmas and your prejudices is a great coral reef — one that is created by you and others locking arms in solidarity around a thousand different causes. And may the ship of state run aground on it.

Max Borders

Max Borders is the editor of the Freeman and director of content for FEE. He is also cofounder of the event experience Voice & Exit and author of Superwealth: Why we should stop worrying about the gap between rich and poor.

By the Power Vested in Us: Confessions of a freedom bride by ALYSON HUDNALL

My fiancé is white. I’m not. We plan to jump the broom this summer, to honor my heritage and the hardships of couples like us. The tradition was born under anti-miscegenation laws that forbade blacks from marrying. And signing an official state marriage license feels inappropriate, considering the racist history behind it.

Anti-miscegenation laws had been a part of US history since colonial America. In the late 1700s, states began increasing their control over marriage by requiring a license. By the 1920s, 30 states had enacted laws that further prevented interracial marriage, including my home state, Virginia, with the Racial Integrity Act of 1924. It wasn’t until 1968 that banning interracial marriage was declared unconstitutional in the Supreme Court case Loving v. Virginia.

Had my partner and I been engaged only 50 years ago, our application for a marriage license would have been rejected. Our only choice would’ve been to jump the broom. Theoretically, our marriage license still could be rejected, because it’s an application process, and all it takes is one bigoted judge to turn it down. And it isn’t just blacks or interracial couples who have been targeted by these invasive institutions.

Opening briefs for same-sex marriage arguments have already been filed with the Supreme Court. For gay rights supporters, the hope is that bans on same-sex marriage will be declared unconstitutional. If this hope is realized, then every state will be forced to recognize heterosexual and homosexual couples equally. However, I’m not convinced this is a step in the right direction.

As it stands, a marriage license is the most effective way for a couple to legally protect themselves. A license comes with over a thousand legal rights, including those relevant to medical emergencies, child custody, and inheritance. It’s important that those rights be respected by every state, but they should also be freely given to consenting adults without constraint. Marriage falls within our right of association, and the state should not be able hold it hostage while ordering you to submit to a blood test or pay a fee. No government agency should be able to reject you unless your marriage falls outside of two simple parameters: consensualand adult. The only “permission” to marry I should need is my partner’s. And now we’re left with an extremely difficult decision.

Do we reject the notion of state-regulated marriage and live as an unrecognized couple, or sign the license and perpetuate conventions we find wholly abhorrent? If we don’t sign the marriage license, we could end up paying lawyers hundreds of dollars to draw up contracts in an attempt to get some of the same rights and recognition as a legally married couple (“some” being the key word here). I don’t like to think about how it will feel to jump the broom in honor of my predecessors and then sign a piece of paper with a legacy of keeping couples like us apart.

ABOUT ALYSON HUDNALL

Alyson Hudnall is a Young Voices Advocate and the founder of Liberty in Color.