Liberty

Afternoon Tea: “Confucian Constitutionalism in Imperial Vietnam”

Brandon Christensen History, Law, Liberty , , , , , , , ,

The phantasm of “Oriental despotism” dominating our conventional views of East Asian imperial government has been recently challenged by the scholarship of “Confucian constitutionalism.” To contribute to our full discovery of the manifestations of Confucian constitutionalism in diverse Confucian areas, this paper considers the case of imperial Vietnam with a focus on the early Nguyễn dynasty. The investigation reveals numerous constitutional norms as the embodiment of the Confucian li used to restrain the royal authority, namely the models of ancient kings, the political norms in the Confucian classics, the ancestral precedents, and the institutions of the precedent dynasties. In addition, the paper discovers structuralized forums enabling the scholar-officials to use the norms to limit the royal power, including the royal examination system, the deliberative institutions, the educative institution, the remonstrative institution, and the historical institution. In practical dimension, the paper demonstrates the limitations of these norms and institutions in controlling the ruler due to the lack of necessary institutional independence. At the same time, it also suggests that the relative effectiveness of these norms and institutions could be achieved thanks to the power of tradition. The study finally points out several implications. First, the availability of the constitutional norms and institutions in the tradition is the cultural foundation for the promotion of modern constitutionalism in the present-day Vietnam. Second, the factual material concerning the Vietnamese experiences can hopefully be used for further study of the practice of Confucian constitutionalism in East Asia and further revision of the “Oriental despotism” － based understanding of imperial polity in the region. Third, the findings may also be useful for a more general reflection on pre-modern constitutionalism.

That is from Son Ngoc Bui, a legal scholar at the Chinese University of Hong Kong’s law school. Here is a link.

Populism versus Constitutional Democracy

Nick Cowen Books, Current Events, Liberty, Politics , , , , , , , , , , , ,

What is the difference between a conservative and a reactionary? A conservative knows when she has lost.

A conservative respects the status quo for the sake of stability. The reactionary rebels against it. Unfortunately, it is the reactionary impulse within Brexit that now threatens to hem in the liberties of British citizens, and threaten the rights of foreign residents, for a long time to come. A looser but productive relationship that Britain could have had with the European Union was lost, first at Maastricht in 1992, then again at Lisbon in 2007. A conservative recognizes this loss and adapts her politics to the new landscape. The reactionary tries to reconstruct those lost pasts in vain as the chaotic debates in Britain and the increasingly disappointing outcome illustrates.

Does this mean that referendums are bad? Do they only embolden radicals and reactionaries? It depends. If referendums are used to rubberstamp the decisions of a party in power, or as a way of deferring political judgement, then they are useless at best, dangerous at worst. By contrast, if they are part of the fabric of a democracy, and act as a real veto on constitutional change, rather than a populist rallying point, then they can be enormously valuable. They act as an additional check on the political establishment that might be irrationally fixated on some new governance structure. It ensures that every major change carries with it some level of majority support.

Ten years ago, I wrote a monograph Total Recall: How direct democracy can improve Britain. I advocated supplementing representative democracy with a norm or statutory requirement for referendums on constitutional issues and new local initiative powers. I focused on direct democracy in US states that mean that US state elections often involve both voting for representatives and on propositions. Referendums are required for state constitutional changes. In some states, citizens can initiate new legislation through propositions.

There are parallel constitutional requirements in force in parts of Europe, particularly in Switzerland, Norway and Ireland. It is hardly a coincidence that direct democratic mechanisms have slowed down European integration wherever they have had statutory rather than merely advisory force. Ireland had to go to the polls several times to get the ‘right’ answer but at least this meant that a majority of Irish eventually accepted the new EU arrangements. By contrast, Switzerland and Norway, against the wishes of their political establishments, took European integration only so far before settling with generous trade relations and much more limited political integration. The cost-benefit calculus of their arrangements are up for debate, but few would deny their legitimacy. Britain’s future position, by contrast, may turn out to look much worse and all because its people never had the chance to say ‘no’ until long after the facts on the ground changed.

It’s the ability to say ‘no’ that’s important, with the implication that the status quo must still be a viable option. A people cannot be legislators. Mass votes can’t add up to complex judgements to inform actionable law. Hence the Brexit referendum for leaving the EU for an unknown alternative was bound to lead to chaos which, in the long run, may undermine the legitimacy of representative government, let alone popular democracy, rather than strengthen it. There is no status quo ante to return to.

At the time I was writing Total Recall, the spirits of referendums never voted on haunted British politics. Referendums were promised on adopting the Euro and the European Constitution. Both were abandoned when the Government realized they would almost certainly lose. So we stayed out of the Euro but signed what became the Lisbon Treaty. This turned out to be a deadly combination that eventually led to Brexit. The Euro is quite badly managed as an economic scheme. As a political mechanism, however, it binds members of the Euro much closer together. Leaving the European Union, as Britain is doing, is perilous and costly. Leaving the Eurozone would be even more difficult as it would involve establishing a new currency from scratch. If New Labour had been serious about putting Britain in a federal united states of Europe, it should have gone all in with the Euro from the beginning.

So Brexit could have been avoided but not by ignoring majority sentiments. If British referendums were constitutionally mandated rather than the random outcome of internal (in this case, Conservative) party politics; if referendums were required to change the status quo rather than a mechanism for a belligerent minority to relitigate past losses, then, like Switzerland and Norway, we would be in a much better position now.

Will our political leaders learn this lesson for the future? That I doubt.

Afternoon Tea: “Dividing Power in the First and Second British Empires: Revisiting Durham’s Imperial Constitution”

Brandon Christensen History, Law, Liberty , , , , , , ,

In his Report on the Affairs of British North America, Lord Durham proposed that “internal” government be placed in the hands of the colonists themselves and that a short list of subjects be reserved for Imperial control. Janet Ajzenstat maintains that Durham did not intend to formally restrict the authority of the new colonial legislature by dividing power. This paper argues otherwise: that Durham’s recommendation fell squarely within a tradition of distinguishing between the internal and external affairs of the colony. This was the imprecise but pragmatic distinction that American colonists invoked during the Stamp Act crisis as a means of curtailing imperial authority over internal taxation while maintaining their allegiance to the British Crown. It also was a division that Charles Buller relied upon in a constitution for New South Wales that he proposed prior to sailing to Canada as Durham’s principal secretary. Durham likely was drawing upon this tradition when he made his recommendation, a distinction that began to crumble away almost immediately. In the result, Canadians inherited a robust semblance of self-government, just as colonists during the Stamp Act crisis had desired, but without the need for revolution.

This is from David Schneiderman, a law professor at the University of Toronto. Here is the link.

The Shelf Life of the Self: Arendt on Identity Politics

Shree Agnihotri Liberty, Philosophy, Politics , , ,

Demands for separating one’s public and private identities are neither new nor simple. As the argument goes, many a political philosopher have claimed that to engage in worthwhile and productive politics, we must shed our private identities to better see, so to speak, the concerns that need a more universal outlook. Thus, to better communicate and deliberate upon political questions within a polity, say a nation, the citizens need to view themselves as citizens alone sans any group affiliation based on gender, religion, race and caste. This is not to snub the importance of social identities in general but only in so far as they affect our political judgement. On the other hand, the response to such a proposal has predictably highlighted the benefits, both political and moral, that one’s private identity has on their political participation. After all, the walls between the identities are not quite as impervious to each other as the philosophers are making it to be. Our individual selves are more than just a simple addition of our social, cultural and personal experiences. How we think about political dilemmas is often and quite rightly influenced by what we anticipate from a rival social group. A female advocating the freedom to make reproductive choices is not just assessing the positions of the stakeholders involved, as Arendt’s call for ‘enlarged mentality’ would require of her. The said female also has to keep in mind the gender hierarchies at play around her.

Arendt was famously non-feminist. She believed that the transposition of the private and the social identities into our political identities can destroy the very fabric of political communication and thus, political judgement. To resolve political dilemmas facing our society, Arendt believed we needed the exact opposite of what identity politics has to offer. Our private and social selves come with a shelf life. They end where the political begins. According to Arendt, the politicization of personal and social identities brings to the fore a self-defined and accepted discrimination that takes us away from the equality that politics demands of us. To think representatively, we need to not only be treated as but also feel like political equals.

While identity politics does well to highlight a history of suppression, it also contributes to a further strengthening of political cleavages that prevent us from ever going back to the ideal state that was disturbed by the suppression. Identity politics causes harm to inter-sectionalities because it forces us to choose between conflicting identities. But more importantly, it conflates the many dimensions of our self with the identity that we have thus chosen to speak through, politically. This conflation results in a demonization of everything that does not conform to our sense of identity, resulting in a fear of the unknown (of which Martha Nussbaum has talked about in the Monarchy of Fear). In the creation of this battleground, we forget that the other side is human. Just like us. And it is easy to not think about our moral obligations to each other when the enemy has been dehumanized and reduced to a label.

Arendt on identity politics deserves much greater scrutiny. Especially because of the overwhelming reliance of social cleavages but current political leaders. The era of identity politics has given us a society with walls that mask themselves as political ideologies but are nothing more than a refusal to recognize that the other side is human too. An essential step in Arendtian judgement is to accept the inherent and equal worth of each individual, irrespective of their social identity. We would do well to find common grounds in our humanity, first.

Used in classrooms, abused in chatrooms

Brandon Christensen Liberty

My God, it’s the end of November. This blog was founded at the beginning of January in 2012. When I started this consortium I just wanted to band together libertarians who already blogged but who didn’t have a large following. I thought that maybe if I could band them together something would come about. I also thought that the San Francisco Bay Area had plenty of smaller voices in the libertarian movement, so I tried to invite people from that part of the world, in the hopes that NOL could be some kind of counterweight to Mises down south and Mercatus back east.

Both efforts obviously failed spectacularly, which is not necessarily a bad thing.

Today, NOL is used in classrooms and abused in chatrooms.

I have been reading much more than writing lately. I have one child running around the flat and another on the way (due date is Jan 14th!). I have been making a rather rough sociocultural transition from city life to suburban/rural life. My wife is working towards her CPA license. I’m working a shitty job, writing for RealClearHistory, blogging here, and shoring up future articles for future academic publication. Some people are ready to write me off as a scholar, but that is foolish of them.

I’ve got something up my sleeve for NOL in 2019, too, but I’m keeping it close to my chest for now. It’s nothing crazy, so don’t go anywhere. Just know that NOL is committed to experimentation and evolution as much as it is to human freedom.

NOL’s newest feature: the Longform Essays

Brandon Christensen Liberty, Links , , , , , ,

I want to quickly direct your attention to NOL‘s newest feature, the Longform Essays. In them you will find all of the n-part series that the Notewriters have done over the years, but they’ve been put together (by yours truly) into one long essay, for your convenience.

It’s still a work in progress. Jacques’ essays are done. Mary’s four-part essay on The State and education is finished, too. I am slowly, but surely, working on Barry’s and Rick’s essays.

Enjoy!

Eye Candy: the five largest cities in each American state, as constellations

Brandon Christensen Liberty , , , ,

Yup, you read that correctly. Behold:

NOL map 50 states constellations
Click here to zoom

Legal Immigration Into the United States (Part 16): Toward a One-Party System?

Jacques Delacroix Liberty , , ,

There exists a prospect that continued immigration of the same form as today’s immigration could provide the Democratic Party with an eternal national majority. The US could thus become a de facto one-party state from the simple interplay of demographic forces, including immigration. There are three potential solutions to this problem, the first of which is seldom publicly discussed, for some reason. As the European Union has been showing for thirty years or so, residence in a particular country should not necessarily imply citizenship, the exercise of political rights, in the same country. Ten of thousands of Germans live permanently in France and in Spain. They vote in Germany. (In July 2018, a German woman, thus a citizen of the European Union, who had lived and worked in France for 25 years, and with a French citizen son, was denied French citizenship!) This arrangement, separating residency from citizenship, seems to pose no obvious problem in Europe. (Nikiforov and I discussed this solution in our article in the Independent Review.)

Curiously, in the current narrative, there are no loud GOP voices proposing a compromise with respect to some categories of illegal aliens, I mean, legalization without a path to citizenship. This is puzzling because this is precisely what many illegal aliens says they aspire to. Latin Americans and especially Mexicans frequently say they want to work in the US but would prefer to raise their children back home. (See, for example the good descriptive narrative by Grant Wishard, “A Border Ballad” in the Weekly Standard, 3/9/18.) The simple proposition that easy admission could go with no path to citizenship has the potential to transform immigration to the US, to dry up its illegal branch, and to facilitate border control to a great extent. Yet, there is no apparent attempt to wean immigrants away in this fashion from their Democrat sponsors. The GOP does not seem to have enough initiative to try to reach agreement with immigrant organizations on this basis thus by-passing the Democratic Party. Again, the silence concerning this strategy is puzzling.

In early 2018, President Trump seems to be seeking an answer to the problem of a permanent Democratic takeover by combining the two next solutions. First, would come a reduction in the absolute number allowed to immigrate. Fewer immigrants, fewer Demo voters, obviously. Small government conservatives like me, and rational libertarians also, might simply want to favor reduced immigration as the only sure way to avoid a one-party system even as we believe in the economic and other virtues of immigration.

The second conceptual solution consists in the broad adoption of so-called “merit-based” immigration. There is an unspoken assumption that a merit-based system would produce more middle-class immigrants and, therefore more conservatively oriented immigrants. This assumption is shaky at best. The example of  much of the current high-tech Indian immigrants  is not encouraging in this respect. More generally, immigrants with college degrees, for example, might turn out more solidly on the left than the current rural, semi-literates from underdeveloped countries who are also avid for upward mobility. The latter also frequently are religious, a condition the Democratic Party is increasingly apt to persecute, at least implicitly. At any rate, reducing the absolute size of immigration carries costs described throughout this essay and merit-based immigration is no panacea, as explained below. I fear that some significant trade-offs between political and other concerns are going to be implemented without real discussion.

[Editor’s note: in case you missed it, here is Part 15]

Legal Immigration Into the United States (Part 12): The Shape of Anti-immigrant Hostility

Jacques Delacroix Culture, Current Events, Liberty , , , , ,

After fifty years of participant-observation and of a scholarly reading, both, I have come to think that hostility toward immigrants tends to follow a U-shaped curve, with degree of hostility on the vertical axis and numbers of immigrants on the horizontal axis. The first immigrants, those who do not go unperceived, evoke hostility because we are hard-wired to mistrust strangers and also because they are usually culturally incompetent. (Only usually; see my description of Indian immigrants in Silicon Valley who often land functionally capable). They don’t know how to act properly, often they don’t even know how to ask for help to learn how to act. In addition their newcomer status usually places them near the bottom of the relevant employment pyramid. Frequently, they perform unpleasant work. They are the disagreeable poor. Even rich immigrants may be summarily rejected for being “vulgar.”

As their numbers rise, the early instinctive hostility diminishes among many of the host population. Immigrants’ manners improve as the first comers coach the recently arrived. They do so directly and also through ethnic publications and via their churches. In the meantime, the host population learns that the immigrants are mostly not dangerous. With rising numbers also, there are growing opportunities for the native population to observe immigrants fulfilling useful functions, such as digging ditches in the hot sun and practicing medicine. At the same time, the opportunities for personal, face-to-face interaction rise exponentially. At some point, many in the host population begin to create exceptions in their own minds to their remaining hostility: Deport them all, except Lupita; she is a good housekeeper and I trust her with my possessions; Mexicans are lazy, except Diego, he is a really hard worker. After a while, exceptions have become the rule. Soon, hostility toward the immigrants is at its lowest. Fewer natives resent them and they don’t resent them deeply. (I think this is a useful distinction; ask me.)

If the number of immigrants continues to increase, however, more and more of the host population begin to feel that they are not at home anymore. They are like strangers in their own  land, the land of their ancestors. Unavoidably, with large numbers, some of the immigrants will turn out to be talented, or lucky, and they will occupy visible positions of power, like bank branch president. Many will rise faster than the members of the original population. Envy makes matters worse, of course: He got here only fifteen years ago, he still has an accent, and he is the School Principal (or better, the president of a big university, a real case). My people have been here for two hundred years and….Hostility increases again; it’s become anew a simple function of too many of the other kind.

I think California has reached that area of the U-shaped curve, near the top of the second branch of the U. The three most common last names here are said to be: Garcia, Hernandez and Lopez, instead of the normal Smith, Williams, Anderson, or Miller. Many of my neighbors (many) think that not knowing Spanish has become an unfair work handicap. As I said, local hillbilly women with a high school education (Did I say “hillbilly”?) used to find reasonably good employment as receptionists in medical offices. Those jobs have dried up because the daughters of Mexican immigrants who know enough Spanish to deal with Spanish-only speakers cost no more than they. Some mothers also claim that the use of Spanish by other kids isolates their children at school. It’s probably rare because Spanish speakers are generally a minority but impressions matter, however devoid of basis.

Accordingly, it seems to me that, in my area, there is more hostility to Mexicans and Central American immigrants now than there was ten years ago. It’s dangerous hostility because it’s now fairly well informed hostility. Some of the derogatory ethnic stereotypes may well be realistic: Mexicans drive without insurance. (I don’t have hard figures but I would easily wager on this.) The hostility also remains somewhat abstract, for the moment. It hinders but little face-to-face, personal interactions. The exceptions regimen is still holding up to a large extent. The proof is that the number of anti-Mexican jokes remains remarkably low, steady, and repetitive, kind of boring, really. Bitterness, however seems more and more freely expressed in the social media where there is almost no price to pay for doing so. Incidentally, I don’t know where the inflection point is, where the hostility curves turn up. I wish I knew. It’s a doable study. Someone else will have to do it. Good topic for a doctoral thesis, maybe.

[Editor’s note: in case you missed it, here is Part 11]

Ottomanism, Nationalism, Republicanism X

Barry Stocker History, Liberty, Politics , , , , , , , ,

In my last post in this series, I discussed Turkey of the 1970s, starting with the 1971 Coup by Memorandum. Now I will move onto the Turkey of the 1980s, starting with the 12th September Coup in 1980, its impact and the foundations of civilian politics after the military left government. The coup was in reaction to political violence in the streets, political deadlock in the National Assembly and a worsening economic situation. It was overwhelming popular when launched, but since has become thought of as the darkest moment of the Turkish state. Despite its retrospective unpopularity and the ways that Recep Tayyıp’s Erdoğan AKP (along with Islamist predecessor parties) has positioned itself as the biggest victims of the coup, there are clear continuities with the current illiberal Erdoğanist-AKP regime and the 12th September regime.

At the time of the coup the Chief of the General Staff of the Armed Forces was Kenan Evren, and he became head of the military council which administered the country until 1983. He also assumed the office of President of the the Republic, which he retained after the return of civilian rule in 1983. He was still respectfully known as Evren Paşa to some when I first came to Turkey in 1997, but all lingering respect and affection has disappeared. There is some ingratitude here as Erdoğan’s way of running the country clearly owes a lot to Evren and the 1982 constitution promulgated by the coup regime, with its lack of restraints on executive power, enabled Erdoğan to take over the state and turn the kind of power Evren exercised during a military regime into the permanent power of a civilian president, based on a crudely majoritarian understanding of democracy. Majoritarian in two senses, which will be discussed below. The regime became famous for abuse of human rights, including mass detentions, widespread torture and widespread use of the death penalty for political linked crimes, including a man of only 17 years. The brutality and the crude political understanding of the generals in power undermined the idea that a full scale military coup was acceptable and it never happened again, though the story of military involvement in politics was not over.

The 12th September regime stabilised the economy with the help of Türgut Özal who was then a professional economist and then the first civilian Prime Minister when elections returned. The original plan was presented to the last pre-coup government and so the coup regime’s initial economic plan was a continuation of ideas entering the centre-right civilian political sphere sphere. This reduced some forms of state intervention in the economy and opened it more to the world economy, so could be labelled neo-liberal, a term now used largely as a term of abuse, but which can be used in a more meaningful way. Inevitably, there are left-wing analysts who treat the economic changes that came out of 1980 as the equivalent of the economic changes introduced in Chile after the September 1973 coup. This conceals more than it illuminates. The military adopted Özal’s plans out of pragmatism of the moment rather than conviction, soon moving away from economic liberalism, when a military figure replaced Özal as head of economic planning in 1982.

The 12th September regime organised a referendum in 1982 to pass a constitution which was far less liberal than that of 1961 (itself introduced by referendum during a period of military rule). It retained the role of the army in influencing the government through a National Security Council, introduced by the 1961 constitution. The 1980 constitution is still in place, though heavily amended. The 1982 constitution retained the centrality of the National Assembly as the expression of the national will, going back to the constitutional ideas at the beginning of the Republic. It increased executive privilege though in over-ruling court decisions and gave the Presidency just enough power so that once Erdoğan came to power with a strong willingness to ignore precedent and the norms guiding the constitution, he could turn Turkey into a de facto presidential republic with a weak national assembly, even before the 2016 referendum which formalised the change.

The electoral rules for the National Assembly were changed to exclude parties with below 10% of the vote. The system of proportional representation introduced (a version of the d’Hondt system), favoured the largest party so that it could take the majority of seats with about 35% of the vote (lower is possible but that in practice is how it has worked, depending on the distribution of votes between parties), which is how the AKP gained a majority. The rules were biased towards rural constituencies over urban constituencies, so favoured the right-wing parties.

The 10% rule is sometimes seen as aimed against Kurdish based parties, but if we look at the election results before 1980, it would be more reasonable to think of it as aimed against Idealist Hearths/Grey Wolf Turkish ultranationalists and National View Islamists. Preventing radical left parties and Kurdish based parties from entering the National Assembly may have been an aim in 1982, but surely only secondary to a wish to keep the far right out of the National Assembly. The system had adjusted to a kind of absolutist majoritarianism in which the ‘majority’ could be a plurality with much less than half the vote. The less formal design was to make Turkey a permanently majoritarian country in the sense that it would be dominated by forces rooted in the Sunni religious majority and dominant Turkish ethnicity resolutely committed to a very homogenous understanding of the nation in which the more extreme versions of ethnic nationalism and religious conservatism would be marginalised but so would religious minorities (most significantly Alevi Muslims), ethnic minorities (most significantly Kurds), and open non-believers. Evren himself publicly quoted from the Koran, completely against the spirit of Kemalism, and suppressed the teaching of evolutionary theory in schools. Erdoğan has imitated him in both these respects.

The coup regime created its own national-conservative party with a left-Kemalist (national republican party) as the preferred opposition, both of which disappeared before long. Özal was allowed to create a middle ground party, Motherland (which now exists only as an on-paper micro-party satellite of AKP). This gathered members of the Menderes-Demirel centre-right tradition along with three other pillars: ultranationalists who had been active in the Grey Wolf  associations, former members of the left (including far-left) turned ‘liberal’, members of Sunni religious communities. All the pre-coup parties were illegal during the 1983 elections and the Motherland Party was the only legal party led by people with political experience and talents, so it was in the ideal position to get the most votes, to the irritation of the military leaders who nevertheless accepted the result.

Özal himself was a member of the Nakşibendi Sufi lodge (a very old religious community linked to very orthodox Sunni Islam, originating in the Ottoman lands but also present in other Muslim areas) so was the first Turkish leader from the world of religious communities in the history of the republic. More on Özal and the politics of the 1980s in the nest post.

Is this patriotism?

Aside Rick Weber Liberty, Politics

I’ve always had a weird relationship with patriotism. As a Canadian kid I wondered if the thing I was supposed to be proud of was that Canadians weren’t so brashly patriotic. Later I moved to America and jumped on the “we’re #1” bandwagon. I got off after first realizing that politics is messy and there aren’t any leaders worth admiring, then realizing that that’s always been true (and may even have been worse in the past). My default position over the past few years (before and after getting citizenship) has been “America The world is a nice place, with nice people. And America has one of the better (deeply flawed) political systems.” But I’m not the sort of person who goes out of his way to say the pledge of allegiance.

But I might have stumbled on a secret patriotic feeling that swells in my heart nearly every time I read the news: a profound embarrassment.

Maybe bureaucratic reports have worn me thin, but I’m increasingly shouting “Get it together America! You’re embarrassing me!” any time I encounter news.

When crazy people do crazy stuff I’m not inclined to feel embarrassed, because I don’t know that angry lady who doesn’t understand traffic lights! But family can embarrass you. Embarrassment is an expression of your fear that you’re more like Uncle Joe than you feel comfortable with.

If this is what patriotism feels like, I don’t get it.

Legal Immigration Into the United States (Part 7): An Exemplary Social Science Attempt to Disentangle

Jacques Delacroix Current Events, Liberty , , , , , ,

Using estimations of the relationships between several sets of good data to infer causation is an old endeavor, of course. The difficulties to which I pointed above are not new. For a little over one hundred years, the social sciences have emerged largely with the mission to solve or circumvent such difficulties. Their efforts have been broadly productive; inferences of causation based on quantitative estimations that respect state-of-the-arts social science rules are more trustworthy than practically everything else. In brief, the more complex the issues under study, the more back-of-the-envelop calculations suffer in comparison with modern social science methodology. Issue of comparative immigrant vs native born criminality are pretty much at a level of complexity for which those methods were developed.

The rules of social science include an obligation to publish in scholarly journals where the findings will be subjected both to pre-publication and to post-publication critical assessment. (See my didactic essay on scholarly submission: “What’s Peer Review and What it Matters”) Publication in scholarly journals also facilitates eventual attempts at replication with its potential to root out major research-based fallacies. I realize that duplication is a rare event, but the threat of it keeps researchers on their toes. Note: This doesn’t mean that the degree of confidence one should award to serious social science products should be high, in absolute terms. There is a difference in practice between, “bad,” and “very bad.” Also, in spite of formidable recent successful hoaxes against pseudo-journals, some disciplines hold the line, including left-leaning Sociology. (Read Gabriel Rossman’s “Sokal to the Nth Degree” in the November 8th-11th issue of the Weekly Standard.)

As it happens, there is a recent study that addresses the topic of immigration and criminality that fulfills good social science criteria. It’s Michael T. Light and Ty Miller, “Does Undocumented Immigration Increase Violent Crime?” published in Criminology, March 3, 2018. The study relies on data from all 50 states plus the District of Columbia, collected from 1990 to 2014, inclusive. Its design is reasonable; it allows for the observation of change over time in the relationships of interest. The 24-year period of observation is a convenience sample of any longer period one would prefer, but it’s not known to what extent it is representative of a longer period. This is a common limitation on interpretation. Twenty-four years of observation is a lot better than one year for the purpose of generalization though. The estimation methods used in their study to express the relationship between numbers of illegal immigrants, on the one hand, and several well accepted measures of serious criminality, on the other, are up-to date. The same methods allow for the elimination of alternative formulations – that is, they allow for “controlling” for variables other than the main variable of interest, the number of illegal immigrants. The article contains a useful and thorough review of the literature. It’s written with remarkable clarity, given the inherent complexity of the endeavor it describes.

The study gives a straightforward answer to the straightforward question it poses:

The increase in the number of illegal immigrants (in the US) is associated with a decrease in serious crime.

The authors dispose fairly well of an interpretation of these counter-intuitive findings based on the idea that more illegals results in less crime reporting in the relevant populations, rather than in actual decrease in crime. This explanation would make their startling main finding practically spurious.

It is not equally clear to me that the authors have disposed completely of the hypothesis that an influx of illegal immigrants is causally linked to stepped-up law enforcement, and only thence to crime reduction. This formulation has important policy implications. It says: Illegal immigration does not increase crime, provided you do what needs to be done about it. And, you may be lucky and overshoot your mark. Ideally, I would  have liked to see a measure of cost per some unit of crime reduction included in the estimation models.

It’s unfortunate for my purpose that this study focuses on illegal immigration specifically, since my own primary interest is in legal immigration. It matters little in the end because a secondary analysis within this study indicates that increase in legal immigration (considered separately from illegal immigration) is also associated with a decrease in serious crime.

As quantitative social scientists are unfortunately inclined to do, Light and Millet give us a literal expression of their main finding, like this (I think this practice, of making findings shout instead of whispering should be heavily taxed.):

A one-unit increase in the proportion of the population that is undocumented corresponds with a 12 percent decrease in violent crime.

We don’t have to take literally this metric wording and the causality it suggests. For example, there is no need to believe that if enough additional illegal immigrants enter the US, at some point, serious crime will disappear completely. It’s enough to acknowledge that a very good study on the relationship between immigration and serious crime leaves little room for the possibility that the more of the one, the more of the other.

Note, however, that the Light and Miller findings do not exclude this formulation completely. It’s possible that in some states an increase in illegal immigration is associated with a surfeit of serious crime. It’s possible even that for all states, but for a brief period, an increase in illegal immigration is quickly followed by a rise in serious crime. Because of these possibilities, the public perception and the startling results of this study may well be compatible. These would probably not be casually detected. Few regular observers, be they politicians, journalists, or public servants are likely to have a clear view of events in 51 separate entities sustained for twenty-four years. Intelligent, rigorous minded observers may be right about what they know and drastically wrong about what they have not studied through hard facts.

Light’s and Miller’s is a classically good article. It’s thorough without sacrificing detail; it offers a good quality and a useful review of the relevant sociological literature; it’s tightly reasoned. The estimations it reports on seem impeccable. I think Light and Miller is the standard against which all reports on the relationship between immigration and crime should now be assessed. Practically, this article should contribute to switching the burden of proof: Although they are less educated, poorer, and younger on average than the native-born population, immigrants appear to commit less serious crime than the latter. More surprisingly to some, illegal immigrants, who begin their American career by demonstrating their willingness to violate American law, do not appear to be prone to criminal violence.  But, as I have mentioned before, an illegal status is a strong incentive to keep one’s nose clean.

I am not proposing here that Light and Miller’s article should forever block the progress of more conventional ideas  to the effect that more immigration is associated with more crime. All it would take would be a single study of similar quality to overturn this remarkable study’s findings. In the meantime, it would be reasonable to shift the burden of proof  away from where it has implicitly stood: immigrants tend to be criminal.

[Editor’s note: in case you missed it, here is Part 6]

Legal Immigration Into the United States (Part 6); Immigrants, Crime and Incarceration: Another Mostly Local Cost and a Causal Tangle.

Jacques Delacroix Culture, Current Events, Liberty , , , , , ,

There exists a widespread impression, deliberately fed by some conservative media and sometimes by President Trump himself, to the effect that illegal immigrants are especially prone to crime, and to violent crime. By extension, by illogical implication, immigrants in general are tarred with the same brush.

Immigrant crime agitates for different reasons that are not always disentangled from one another. First, there is the general social disorganization that any crime causes and the worsening of the quality of life it entails. Second, mostly youthful immigrants could have the power to reverse the general decline in crime that accompanies the aging of American society. They might be the agent of a step backward for American society. Third, capturing, trying, and incarcerating anyone is very expensive, more expensive than schooling, for example. Immigrant crime in general is especially apt to disturb emotionally because it seems to involve a kind of crass ungratefulness: I let you into my living room, or you enter while I am not paying attention, and you show your appreciation by stealing the silverware, and worse.

Belief in the criminality of immigrants as a group is not necessarily the result of a kind of emotional prejudice. Immigrants are predominantly young, ill-educated, and poor, all known ingredients of criminal propensity in any context. (To my surprise, current immigrants are not predominantly male, although maleness is a strong factor of criminality.) So, if immigrants to the US are like just about every population of the same age, income, and education ever studied, they should exhibit a higher crime rate than the native-born population that is, on the average, better educated, more prosperous, and, especially, considerably older.

It’s difficult to figure out the basic truths about immigration and crime because gross miscounting by partisan journalists is common. For instance, in his 2018 article in Reason on a report based on 2009 figures, Alex Nowrasteh shows how easy it is to make horrendous but simple mistakes of enumeration: Counting single events of incarceration as if they were individual immigrants, for example, as if illegal immigrants could not be repeat offenders. (“Restrictionists Are Misleading You About Immigrant Crime Rates.” Reason, Feb. 1, 2018.)

I explicitly do not accuse the authors cited below of such miscounting.

In his 2006 article in Liberty, Cox showed that about 2.6 % of inmates in federal prison and an astonishing 12% of people incarcerated in local jails and prisons were illegal immigrants in 2002. That’s 14.6% of all persons then incarcerated in the US. The highest estimate of the number of illegal aliens I could locate for any year is 15 million. With that estimate, conservatively, incarcerated illegal aliens would be about 5% of the then US population of 293 million. Roughly, illegal aliens, according to Cox, were thus incarcerated in 2002 at almost three times the rate of their occurrence in the general population. This rate did not include incarcerations for merely being illegally present in the US (which must have been a small number since that was only a misdemeanor). Cox’s study is based on figures for only one year for the whole country.

At any rate, Cox’s incarceration figures concern mostly illegal aliens. It’s not clear whether illegal immigrants’ propensity to commit crimes is similar to the corresponding propensity of legal immigrants, nor if their crimes are similar. Legal and illegals may come from different countries and regions. Even if they come from the same places, they may issue from different classes in their societies of origin. Even if from the same places and same classes, they may constitute different samples of the populations of origin from the standpoint of motivation and thus, of personal psychology. It takes different virtues to arrange for legal immigration via whatever path, on the one hand, and to swim the Rio Grande, or coolly to overstay one’s visa, on the other. These different virtues could easily be associated with different levels of different criminal tendencies. Finally, legal and illegal immigrants have different incentives to break the law or not, the latter being in a good position to not draw attention to themselves. That’s at least until the sanctuary movement.

A study published by the libertarian Cato Institute in February 2015 examined criminal conviction data provided by the Texas Department of Public Safety. It found that native-born residents were much more likely to be convicted of a crime than immigrants in the country either legally or illegally. For all crimes together, the legal immigrants’ score was less than one third that of the native-born. The difference in the likelihood of being convicted of homicide, specifically, was very large between legal immigrants and the native-born. The former were 15 times less likely to be convicted of homicide. Even illegal immigrants were only 70% as likely as the native born to be convicted of homicide. (“Two charts demolish the notion that immigrants here illegally commit more crime,” Christopher Ingraham, Washington Post on-line accessed circa June 28 2018.)

Note that the Cato Institute study is for one state only and for only one year. Cox’s figures cited above are also for one year only but for the whole country.

It’s not obvious how one should relate these contradictory sets of findings to one another. (There are many more such studies. I chose two researchers on my side of the political fence that seemed to me to have worked with seriousness.) First, figures about comparatively rare events such as homicide are notoriously unstable. The corresponding homicide figures for 2004 or for 2014 might be very different. Moreover, both sets of figures, Cox’s and Cato Institute’s use the heterogeneous categories “legal immigrants” and “illegal aliens.” To generalize from their findings requires making the silent assumption that the composition of both is stable from year to year. This assumption is unwarranted. Nothing regulates the composition of illegal immigration and little insures that the composition of legal immigration will be similar from year to year. The varying numbers of refugees alone could sway the legal figures one way or the other.

Here is a realistic scenario: For a period of a few years, both immigration flows consist mostly of rural, mountain Mexicans from rural areas where crime is scarce. In a subsequent and contiguous period, a large flood is added, through both refugee legal immigration and through illegal immigration, of urban Central Americans (thus, of people from some of the highest crime areas of the world). Both the frequency and the nature of immigrant crime may change swiftly as a result  of this sudden (and realistic) change in  the composition of immigration, legal or illegal, or both. The composition of legal immigration may change drastically in a single year because of the influx of refugees from a single location hitherto unrepresented in the US. The composition of illegal immigration may also change suddenly because of a disaster in a region that the American federal government does not recognize as a legitimate source of refugee status. It’s hazardous to extrapolate from one period to any other period. Hence both Cox’s and Cato Institute’s findings may be correct but, at the extreme, each of them for one year only.

It’s also risky to extrapolate from one domestic location, for example, Texas, to another, for example, the whole United States. Here is one reason among others why it is so: The (innocent) rural mountain Mexicans I mention above are likely to move to the Central Valley of California and to similarly agricultural areas in Florida. Crime-prone Central Americans, on the other hand, may seek their fortune in the more familiar big cities anywhere, including, Los Angeles, Chicago, and Houston. In this imaginary scenario, immigrant crime in Texas (Houston and Dallas, per chance) may be grossly unrepresentative of immigrant crime anywhere else in the US.

Finally, as Cox pointed out to me in a personal communication, the comparison category, “native-born” is itself heterogeneous with respect to crime. The rates for African-American  – most of whom are native-born – are several times as high as others’. Perhaps, the native-born would far better for incidence of crime if blacks were excluded from the comparison. I suspect this is true but I don’t know according to what theoretical principle, this exclusion should be made.

[Editor’s note: In case you missed it, here is Part 5]

Small thought on the fundamental revolution of Blockchain

Chhay Lin Lim Liberty, Philosophy , ,

Mankind made a huge leap forward regarding human organization when it implemented the Constitution. Man was no longer to be ruled by kings and despots, but by a document that stipulated the rule of law. Still, we had the issue of who was going to interpret these laws and who was allowed to add new rules.

Now, we have made another revolutionary leap forward in human organization. We don’t need a third party – kings, governments, courts – to interpret the laws anymore if we have self-executing smart contracts that eliminate the need to trust these third parties. Trust is established through mass collaboration and clever code. On top of that, everyone is free to opt-in, to submit new rules, and to participate in a set of rules. No one is forced to participate. You can always secede. We have had many secessions in the blockchain space. Bitcoin Cash seceded from Bitcoin Core, Ethereum seceded from Ethereum Classic etc. It is therefore a peaceful means to organize human beings.

This is, in my opinion, the fundamental revolution of blockchain: a peaceful trust machine for social agreements and human organization.

Blockchain trust

Immigration Into the United States (Part 3)

Jacques Delacroix Current Events, Liberty , , , , , ,

Substituting Immigrant Labor for Native Workers: A Mental Experiment

Although the area where I live is not representative of the US in general, it’s exemplary in important respects. What happens here often happens later, elsewhere in the country, in attenuated form. Santa Cruz, California is separated from Silicon Valley by a chain of hills that takes 25 minutes to cross at the right time of a good day, and up to 90 minutes at other times. On my side of the hills is a rich agricultural zone, probably the main vegetable and strawberries garden of America, plus some resort areas and several well-respected schools of higher education. I taught in an MBA program in Silicon Valley, on the other side of the hills, for 25 years. I have been the owner of needy houses in Santa Cruz for just as long, and thus a habitual user of various kinds of labor. On both sides of the hills, high-tech industries and high-margin industrial agriculture powerfully attract immigrants – although, mostly, somewhat different kinds of immigrants.

The claim that immigrants of all kinds take work from citizens is a constant background noise in my area. In general (only in general; it happens) I am skeptical of the notion that immigrants directly take jobs from the native-born, or that they threaten to do so. This is based on my parochial, local, but not insignificant experience. Employers on both sides of my hills have been complaining of a labor shortage for seven or eight years. Booming Silicon Valley employers require more engineers, more software writers, but also more of a little bit of everything, because industrial growth generates demand for all kinds of ancillary services, including dish washing. There was not a sufficient rush of diversely qualified labor while the unemployment rate was fairly high, right after 2008. It’s unlikely to happen now that it’s ultra-low (September 2018).

Big farmers on my side of the hills regularly lament their inability to pick crops in the field in timely fashion because of a perennial dearth of the requisite kind of labor. Many think that the requisite kind of labor has to be cheap. In fact one habitual user of farm labor declares publicly that he pays $26 an hour on average. This would mean, of course, that some of his laborers earn more than three times the federal minimum wage.(This is embarrassing but I cant find the reference for this item. It’s from a recent article – 2018 -. I am 95% certain that it’s from the Wall Street Journal. I looked at the article carefully when I came across it and assessed it as trustworthy.) This figure would add up to about $50,000  annual for a full time farm worker. The Economic Policy Institute only assigns a yearly full time wage of $35,000 in 2015. (“Farm worker wages in California: Large gap between full-time equivalent and actual earnings.” Posted March 21, 2017 by Philip Martin and Daniel Costa.) That’s for the best paid farm workers, those in vegetable growing and picking. Assuming a 5% rise in wages yearly because of labor scarcity, still leave farm workers much below that $50,000 figure. I read locally that the labor shortage is so acute that some farmers switch to crops not especially suited to the climate or to their skill-set but that are less labor-intensive. The lament has not lessened in several years, although there is an abundant supply of potential labor nearby, in the form of college students.

Local housing rents are high; the cost of living is also high; tuition keeps increasing. Most of the farm work that goes begging requires little more than a basic work ethic and good health. Yet the thousands of college students in nearby Santa Cruz and Monterey compete for a handful of low-paying barista positions rather than going for far more lucrative seasonal farm work. (I must say that my perverse heart is waiting for a real-life experiment in which farmers explicitly bid up dormant student picking talent: I would like to find out how high the remunerations offered can go without eliciting a response.) The cliché that there is some work that Americans reared in a soft society won’t do, is not completely absurd, it seems to me. The lack of exposure to hard physical labor of most Americans who have been students in the past ten years may play a role, possibly a preponderant role. And yes, I admit that at $60 an hour, for example, growers would probably find all the local unskilled labor they wanted. Yet, I doubt that this is what commentators mean when they complain about immigrants taking work from the native-born.

And, of course, I have to notice that very high wages paid for the production of ordinary goods corresponds to a pay cut for everyone. Nevertheless I do believe that in agriculture the pay cut would probably amount to little, in most cases. Take local strawberries retailing at $2.00/lb. Suppose field labor accounts for a full ten per cent of this retail cost. If this labor cost goes up by 100% net, the same strawberries will retail at about $2.25, at most. It seems to me that’s probably not enough to affect sales much. Farmers would have to agree among themselves to raise wages and prices which may be illegal or of dubious legality.

The Hidden Cost of Cheap Labor: Missed Mechanization

Somehow, one of the hidden costs of the importation of inexpensive labor seldom comes up in discussions of immigration. Inexpensive labor is often an invisible substitute for mechanization. As discussions amplified in 2017-2018 about a national $15 an hour minimum wage, the media produced numerous examples of employers of inexpensive labor, such as fast food restaurants, quickly increasing their reliance on robots. In those media stories, the causality was seldom well established, but it stands to reason that the relative scarcity or dearness of labor is a spur to mechanization. Conversely, the routine availability of inexpensive labor must prevent decision-makers from adopting new tools of automation, and inhibit inventors from creating others.

This relationship is demonstrated in one kind of farming after another. The European Union is a live laboratory in this respect. As the EU’s heavy fringe benefits, including its high social insurance costs, were imposed on new member countries, cheap labor turned correspondingly expensive, and mechanical ingenuity was quickly unleashed. French grape growers who swore for 200 years that their precious wine grape demands the incomparable dexterity of the human hand found themselves happily riding newly invented vine cultivating machines.

Faced with the same compensation hardships, Greek olive growers relinquished manual picking for crude tree shaking machines designed to drop the fruit onto a tarp spread on the ground. Turns out, there is actually an effective olive tree shaking device that is also deft enough to avoid endangering trees that are sometimes a hundred years old. Mechanical agricultural inventions notably now move from the Old World to the New, a historically rare pattern that tests the notion of labor substitution. As labor becomes quickly more expensive in the European Union, its farmers mechanize, while American farmers slumber in the comfort of an abundance of reasonably priced labor from Latin America. In the eighties, I helped a French fruit-drying entrepreneur sell his trailerable, self-contained, stainless steel, gleaming modern machine to California plum processors still relying on a 19th century, fixed, brick, drying tunnel. It was like standing next to a state of the art sports car while chatting with a hay wagon. As expected, much of the superiority of the French machine resided in its labor efficiency that was several times better than that of the old-fashioned brick tunnels.

A Localized Cost: Schooling Expenditures

As we saw, the first qualification to the thesis that immigration enhances economic growth is that it is simply a form of population growth. It does enhance growth, but this sounds almost trivial (except to draw attention to the fact that the native-born are not taking on the vigorous job of increasing the population). The second qualification is a little more complex. A positive effect of immigration on the overall (national) economy does not exclude negative localized effects. The GDP, a national quantity, rises but some local school districts, for instance, are fiscally overwhelmed by the influx of immigrant children. The economic benefits associated with population growth through immigration may be mostly diffuse, even imperceptible, but the localized costs of immigration are obvious and often dramatically painful. The schooling of immigrant children is a good example of a painful localized cost that gives immigration a bad name.

Internal domestic migrations would also cause local problems, but the effect would usually be of a different magnitude. Today, the bulk of immigrant children often (not always) bring significant special educational needs with them that are rarely found among domestic migrants. First, they may not know English; in fact, most don’t, although there are bright exceptions. Second, foreign immigrants may come from the poorest, most rural parts of poor countries, with inferior schools. (That is certainly the case for Mexican immigrants, the largest group in recent years.) Both conditions, ignorance of English and the family’s low educational status on arrival, require expensive remedial measures, the cost of which is borne largely by local taxing entities.

To make matters worse, the usual academic remedies often just don’t work. The public schools may be so utterly unable to teach immigrant children anything in a foreign language – English – that the standards for all children degrade and local Anglo children fall drastically behind, in reading comprehension, for example. Over several years, the cumulative deficiency can force some Anglo parent to switch their children to private schools. Native-born parents who are college graduates, or even merely high school graduates, often don’t accept with equanimity the news that their children are two or three grades behind in any subject. They frequently become bitter and, why not? If they complain, they are frequently charged with racism. (It happened to my brown-skinned wife.) Those who make the move to private school end up with both high local taxes and the need to pay tuition for their children, all as an indirect but obvious financial burden of immigration. Note again that this burden is borne by local families, with little help from those who make immigration decisions, at the federal level.

There are perhaps two reasons why the poor educational status of some, or many, immigrants is seldom discussed. First, the bulk of the host population may not be clearly aware of the educational backwardness of the immigrants. They may vaguely think of Mexico, for example, as 40 or 50 years behind the US educationally; yet the commonness of illiteracy in remote Mexican villages puts them more than 100 years behind the US in this respect. (Nevertheless, I have much respect – based on personal experience – for Mexican public education as delivered in small and medium-size towns.) When it comes to the many immigrant children from Asia, school authorities appear even more at sea. They don’t know what to make of the fact that a middle-class Chinese boy of 12 may not seem to be able to explain what he can and cannot read.

The second cause of timidity regarding the educational status of new immigrants is, of course, far-reaching political correctness. To say, “Luis can’t read English” passes for racist in many quarters, although it’s obvious that Luis actually can’t read English, or any language (See below). Discussion is further discouraged by the fact that in some areas, such as mine, immigration includes both broad categories of low educational achievers and of exceptionally high achievers, both farm hands and engineers with superior training. The existence of the latter grants verisimilitude to charges of prejudice regarding the former.

Here are anecdotes about the low level of preparedness of some immigrants. On two occasions widely separated in time, I had prolonged interaction with Mexican immigrants I had hired to help me work on my houses. I had opportunities to judge each of them to be intelligent, practical-minded, full of initiative, and flexible–real finds, in other words. Both times, I discovered fortuitously that they were illiterate in Spanish. I left them simple written instructions in that language, and none of the required work was done by the time I checked, although some other necessary work I had not explicitly requested had been performed.

The men were thus not shirking; they just did not know what I wanted done. (No, don’t blame my Spanish. It’s very good. I can read anything in that language except a chemistry textbook. I also write it with ease. After all, it’s just another debased Latin, like my native tongue, French.) Of course, this is a story about a tiny sample, hardly a sample at all. Yet the two episodes took place ten years apart, and I suspect they illustrate a common condition among Mexico-born men in my area. (I refer to immigrants, not to Mexicans in generals. The large and growing Mexican middle class seldom wanders across the border without a solid job and a gringo salary. I also know some of its members.) My illiterate journeymen’s children would be difficult and expensive to educate, even if they, the children, knew English well. There is just not much book learning in their households and it’s not likely to be well respected there.

In my otherwise bookstore-rich and library-rich area, books in Spanish were nearly impossible to find for twenty years. I think there is almost no demand for such articles. What little demand there is appears to be for Spanish translations of American books with television ties. This is more evidence of the low literacy status of Mexican immigrants in the area. (see footnote 4)

It’s also true that immigrants’ children who are truly bilingual may be an asset to the local economy as well as to the national economy. In my observation as a college professor, that’s a tiny number, and their usefulness can only be a long-term proposition.  It’s a tiny number because knowing a language well requires reading and, I think, writing. There are few opportunities (few, not none) for native Spanish speakers to learn to read and write, in addition to their normal schooling in English. So called “bilingual education” in public schools does not seem to do the job. I base my judgment on the tiny number of readers and writers of Spanish I encountered in local colleges where you would expect them to congregate.

Few Anglos perceive advanced bilingualism as an asset; I am guessing, (guessing) that it’s because they see it associated with individuals of low socioeconomic status. Nevertheless, it’s useful, obviously, for lowly jobs catering in part to a non-English speaking public. My daughter tells me that it’s impossible to get a job as a medical receptionist in my area if you don’t know English and Spanish. As for well-paid occupations, I have never heard this asset mentioned except, ironically, in connection with the Border Patrol. I don’t doubt that it’s also sometimes put to use in the diplomatic service, and in the armed forces. But bilingual children of immigrants have to compete there with recent immigrants who know English well.

Other Locally Borne Social Costs of Immigration

I have pointed out that schooling, though heavily affected by national immigration policies, is financed locally. Here is a roundup of other largely locally financed services:  various  social services for the poor, (“welfare,” “public assistance”), health care, jail and prison resources (some of which are funded by the Federal Government). When evaluating the cost of these resources as allocated to immigrants, it seems to me that a reasonable  baseline is to assume that immigrants consume such resources in quantities appropriate to their sex, age distribution, economic and educational levels, and marital status. In the US, men commit more crimes than women, especially violent crimes; women are more likely to be in charge of children than men and thus in need of help to maintain them; the poor commit more crime overall than the rich, except perhaps, white collar crime. The semi-literate are also less likely than the better educated to engage in white-collar crime. Married men commit fewer serious crimes than do single men.

Loud voices on the right proclaim that immigrants go on welfare and have dealings with the judicial system more frequently than do the native born.

Adopting the baseline I propose, even if only mentally, slows down the tendency to stigmatize immigrants, including unconsciously. Imagine (made up figures) that the median age of American men is 38 while the median age of a certain group of immigrants is 23. If you observe a crime rate among the latter 25 %  above the rate for native-born Americans, you may have discovered nothing about the immigrant group propensity toward crime, just that they are young. The use of such a baseline does not exclude the possibility of making policy inferences from the social costs of various immigrant groups based on their collective economic, age, and marital status characteristics, like this: We don’t need to import young men from Central America who are just about certain to increase the frequency and the gravity of crimes in our country.

Footnotes

4  I allow myself to be a bit of a bully on matters of bilingualism because the bulk of native-born Americans – who remain proudly monolingual – carry a ton of absurd ideas in their minds about the ease of language learning. Listen to me because I am able to do everything I know how to do in two languages, and because I am able to operate very well in a third –  Spanish – while I read yet two others. (Most are related languages, of course, different varieties of bad Latin.) Naturally also, like all Frenchmen, I know a little German too, just in case. Just kidding! Read my shocking essay on language learning: “Foreign Languages and Self–Delusion in America.”