Around the Web

  1. Self-organization, Integration and Homeless People
  2. Book Review: Destination Denmark
  3. Pious Fraud: In a bombed-out church in wartime Germany, Lothar Malskat crossed the line that separates art restoration from forgery
  4. Indian States Need a Free Trade Deal (I’ll be blogging about this in the future)

Friends of Liberty and Friends of Montaigne I: de La Boetie (Expanding the Liberty Canon series)

Etienne de La Boétie (1530-1563) was from Sarlat in the southwest of France. He developed strong interests in poetry, classics, and politics as a youth and was rather precocious. It has even been suggested that he wrote his great political essay ‘Discourse on Voluntary Servitude’ (also known as ‘One against All’) at the age of sixteen, though there is no universally accepted date for its composition. He started a career as a judge in Bourdeaux at an unusual age, followed up by diplomatic work. He was also a translator of Greek classics and a poet who associated with a distinguished group that included the greatest French Renaissance poet Pierre Ronsard.

De La Boétie died at a sadly young age, but before that he wrote the great political essay under discussion here, and made friends with the Bordeaux judge and author of the Essays, one of the great works of French and European literature, philosophy, and self-examination. I have considered Montaigne as a thinker about liberty and though he did not directly express enthusiasm for liberty-oriented radicalism, he certainly had friends who did, including de La Boétie and an early feminist to be considered in the next post.

It has been claimed that Montaigne wrote ‘Discourse on Voluntary Servitude’ himself, which combined with the claim that de La Boétie wrote it at the age of sixteen suggests considerable uncertainty about the status of the text. I will just go with the more average assumptions, which are that de La Boétie was the author and wrote it later than the age of sixteen (or eighteen, as also been suggested).

Anyway, the friendship of Montaigne and de La Boétie was itself a major event in French and European culture, since de La Boétie’s death appears to have played a late part in Montaigne retiring from the judiciary and a melancholia, which led him to begin composing the Essays. One of the most famous essays, ‘On Friendship’, is in part a meditation on the friendship with de La Boétie and the sadness that Montaigne feels that his life is no longer shared with him.

The topic of friendship itself connects with ancient ideas of political liberty, so that the essay itself can be taken as part of the evidence that Montaigne sympathised with ancient republican liberty and wished for its revival. Montaigne’s essay is, as one would expect given Montaigne’s constant shifts in point of view and exploration of difficulties in ideas of some appeal, more open to difficult moments in the idea of friendship, such as the willingness of a friend to cooperate with the other friend’s lawless projects.

De La Boétie’s stye is to develop a thesis with great passion and rhetoric; skill, rather than obviously exploring all sides of a question, though he is certainly best understood with a critical approach to what he might mean and openness to different approaches. Attempts to fit de La Boétie too narrowly into any recent conception of liberty are unlikely to do him justice, as can be seen in the wide range of people who have sought inspiration from more individualistic and more collectivist understandings of both anarchism and republicanism.

‘The Discourse on Voluntary Servitude’ may be taken as anarchistic in that de La Boétie argues for resisting the authority of any individual or group over a nation, or group of people however defined. It may taken as republican in that de La Boétie uses the language and references of ancient republican tradition in Aristotle, Polybius, and Cicero, which gives all citizens some role on law-making and government actions through public assemblies. The theoretical work itself reflects on the experience of Ancient Greek city-states and Rome before the Emperor system.

What de La Boétie opposed to the unjust rule of one or a group is law and an idea of liberty, which he defines as natural, and in opposition to the unnatural tendency to those who rule without regard to law. His way of thinking looks connected to that of the tradition going back to Aristotle of ‘natural law’ as those laws shared by all communities and therefore to be seen as belonging to human communities by the nature of humans, or their communities, rather than those laws arising from specific localised customs and necessities. De La Boétie resists an exact account, suggesting he is concerned with the defence of liberty as natural against tyranny, defined as monstrous.

De La Boétie starts the Discourse with reference to Homer, making clear his classical points of reference. The idea comes from Odysseus (de La Boétie uses the`Latinate version of the name, Ulysses) in The Iliad that it is better to have one master than many. De La Boétie takes his starting point then the necessity of condemning one person rule, which must be tyranny whether that individual came to  power through inheritance, election, or usurpation (coup). In that respect, de La Boétie might be taken as an anarchist resisting all authority, as well as a pacifist, since he points to the power of one resisting on the obedience of many who could easily shake of the power of one, without force, if they ignored the claims if the one to sovereign power.

On the whole though, de La Boétie appears to be thinking of the antique republican tradition of sharing power between individuals and councils (and the human value of such participation), so that no one individual or council can have unchecked power. Both the Athenian and Spartan republics are mentioned favourably from this point of view, as is their armed resistance to the invasion of Greece by Persia, itself under the power of one. The ancient Greeks are associated with republican virtues in which liberty is more important than wealth or comfort. It is not so much anarchy, as sharing of political power that de La Boétie recommends, and war is accepted where necessary to resist domestic or foreign tyranny.

There is a justified anarchistic reading of de La Boétie, if we are willing to distinguish that from de La Boétie’s own view. He was an admirer of the sharing of power between citizens in ancient city-states, where there was close to no bureaucracy and administrative functions by modern standards, and what there was could be realistically managed by committees of citizens. This can come close to an anarchistic view of purely voluntary institutions substituting for the state, particularly if we accept a natural law view in which everyone is likely to favour the same basic laws as ‘natural’ or we have some other reason for thinking the same laws will be discerned and accepted as right by the whole body of citizens. I do not recommend such a view, but it is at least worth exploring.

The issue of friendship, which connects de La Boétie with Montaigne, comes into the republicanism of de La Boétie in that friendship is what a tyrant cannot have, while friendship between citizens is what unites them in struggle against tyranny. The tyrant can only have sycophants and enemies, no friends since they must be equals. A society based on friendship between citizens is not based on coercion and the privilege of one, or a few, who control the state. Friendship itself contains the idea of a good that benefits at least two people, so undermining the idea that we can only have a form of power seeking individualism unconcerned with the common good, and that it is possible to live as a human while ignoring common goods and rights.

Expanding the Liberty Canon: Icelandic Sagas of the Middle Ages

A first in this series, a discussion of literary texts rather than a text covering political ideas through philosophical, historical, legal, or social science writing. One good reason for the new departure is simply that the sagas of Iceland have become a focus of debate about the possibility of a society with effective laws and courts, but no state.

It has become a celebrated case in some pro-liberty circles largely because of an article by the anarchy-capitalist/individualist anarchist libertarian thinker David Friedman (son of Milton) in ‘Private Creation and Enforcement of Law: A Historical Case’, though it has also been widely studied and sometimes at full book length by scholars not known for pro-liberty leanings. I somewhat doubt that Iceland of that era could be said to have purely private law, but I will let the reader judge from the descriptions that follow.

Other important things also come up in discussing the sagas. There is the issue of how much political ideas, political theory, or political philosophy just reside in written texts devoted to theories, institutions, and history, and how much they may reside in everyday culture, collective memory, and the literature of oral tradition. This becomes a particularly important issue when considering cultures lacking in written texts, but nevertheless has ethics, law, and juridical practice of some kind. The modern discipline of anthropology has provided ways of thinking about this, but rooted in older commentaries on non-literate societies, as in the Histories of Herodotus (484-425 BCE) and indeed the texts by Tacitus, considered here last week, on ancient Britons and Germans.

The Icelandic sagas present the ‘barbarians’ in their own words, though with the qualification that the sagas were largely from Pagan-era Iceland and then were written down in Christian-era Iceland. You would expect some alterations of a kind in the sagas as they are transferred from memory and speech to writing, and the religious transformation may have led to some element of condemnation of the old Pagan world colouring the transcription.

Nevertheless we have tales of Pagan warrior heroes in a society with very little in the way of a state, written down only a few centuries later (maybe three centuries), which is a lot closer in time than the absolute minimum of seven centuries between whatever events inspired the Homeric epics, the Iliad and the Odyssey, and the writing down of the oral tradition in the eighth century BCE.

The comparison with Homer is worth making, because the Sagas present warrior-heroes whose extreme commitment to the use of individual violence to maintain and increase status echoes that of the heroes in Homer. The all-round enthusiasm for inflicting death and injury as a way of life, and a basis of status, may of course lead us to regard these as more action heroes than moral heroes. In the Homeric context, and discussions of other pre-urban societies dominated by a warrior aristocracy, the word ‘hero’ often has a descriptive political and social aspect, which is more relevant than any sense of moral approbation in the term hero.

The classic discussions of warrior ‘hero’ societies since Homer and Tacitus are Giambattista Vico’s New Science (1744) and Friedrich Nietzsche’s On the Genealogy of Morality (1887), and these should be seen in the context of Enlightenment writing on ‘savage’ and ‘barbarian’ stages of history. Nietzsche’s contribution comes from the time in which anthropology is beginning to emerge as a distinct academic discipline, tending at that time anyway to concentrate on ‘primitive’ peoples.

The Sagas give a literary impression of a society in which the state has not developed as an institution, which could be regarded as evidence of ‘primitiveness’. However, the Icelanders had originally left the monarchical state of Norway, which features heavily in the Sagas, and they were in touch with the monarchical state of England, in a sense which could include Viking raids, as well as warrior service to Anglo-Saxon kings. So it would not be correct to say that the Icelanders were at some early, simple stage where they did not know anything different, as they had chosen to reject monarchical institutions, or at least had never found it worth the trouble to go about creating a monarchy with a palace, an army, great lords, taxes, and law courts appointed from above.

What the Icelander had was a dispersed set of rural communities, in which there were no towns. The centre of the ‘nation’ was not a capital city, but an assembly known as ‘althing’, which combined representative, law making, and judicial functions, with the judicial function predominating. There was not much in the way of political decision-making since there was no state, and the laws were those that existed by custom, not through deliberate law-making.

The judicial function was exercised through judgements, which were essentially mediations on disputes that could also be brought before lower level assemblies-courts. The right to participate in the assembly with a vote was restricted to a class of local notables, though not a hereditary aristocratic class.

Judging by the Sagas, the judgments of the Althing may have been influenced by the numbers present on either side, particularly if they were armed. Only one person was employed by the Althing, a ‘law speaker’, whose compensation was taken from a marriage fee. At least in the earlier years of the Icelandic community, from 870 to 1000, there seems to have been nothing else in the way of a state. Conversion to Christianity in about 1000 led to tithes (church taxes) and a good deal more institutional interest in what religion Icelanders might be practising. In the thirteenth century the tendency towards more, if still very little, state was completed by incorporation into the domains of the King of Norway.

The Sagas do not give a complete institutional description, but are a large part of the evidence for what is known about pre-Christian Iceland. The stories of warrior-heroes and families often takes us into the judicial life of the community, as violent disputes arise. There is no police force of any kind, so disputes initially dealt with by force, including killing.

Sagas which concentrate on warrior heroes suggest that considerable property and local influence could be built up through individual combats in which the winner kept the property of the loser, that is the person who died in the combat. The more family based sagas suggest that at least some of the time, combat might lead to the loser ceding some land rather than having to fight to the death.

Presumably, in some cases, the warrior honour culture led to anyone challenged to combat being forced by custom to agree to do so, which gave particularly effective warriors a chance to become major land owners through willingness to issue challenges. The warrior-oriented sagas really suggest a society in which some part of the population were constantly using deadly violence to protect and advance their status, or simply in reaction to minor slights on honour, and the use of such violence could lead to the killing of a defenceless child.

The use of murderous violence against those unwilling, or unable, to fight back was deterred and punished to some degree by a system of justice which was in large part voluntary. There was no compulsion to attend the Althing, or lower assemblies, and no means to enforce attendance except the violence of those wishing to make a legal complaint, should they wish the accused to be present. The punishments, even for the most extreme violence, were never those of physical punishment, prison, or execution.

Judgments required economic compensation, or at the most extreme outlawed the guilty party, who appears to have been largely given the time and opportunity to leave Iceland unmolested before the most severe consequences out outlaw status could be applied. Outlawing of course removes legal protection from the person punished who can therefore be murdered, or s subject to some other harm, without a right to legal complaint. Outlawing often seems to have been the result of non-payment of compensation demanded by the court.

The judicial system was essentially voluntary, and judging from the sagas a lot of disputes were settled by private violence, which could include murder of supposed witches and torture of prisoners. Victims of violence, or other harms, were only protected by law as far as they or their friends, neighbours, or families, were willing and able to go to court, demand an official judgement authorising punishment, and enforce it.

Slavery was normal, but there was some legal protection of slaves, in so far as anyone in their community was interested in ensuring enforcement. Jealousy and competition between neighbouring families may have helped produce legal protectors for the socially weak, but this is maybe not the most reassuring form of protection.

For liberty community fans of the example of Iceland from 870-1000, it is a example of how anarchism can work; that is, it is an example of how there can be law and a judicial system without a state beyond judicial assemblies and the one employee of the most important assembly.

Medieval Iceland was a functioning society, which was perhaps not as sophisticated as England, France, the German Empire (Holy Roman Empire), the Byzantine Empire (which appears in the Sagas as the Greek Empire), or caliphate of Cordoba, just to name the most powerful European states of the time, but did leave a significant literary legacy in the Sagas, as even the most violent warrior-heroes wrote poetry some times. It was a rural seagoing trading community, in which violence was no more prevalent than other parts of Medieval Europe, and a tolerable existence was maintained in the face of a very harsh nature.

The arguments for a less enthused attitude toward Iceland as a liberty-loving model include the very simple nature of the society with no towns, the existence of slavery, and the lack of comprehensive enforcement of law. In general there is the oddity of taking as model of anything a situation in which there was no protection from violence, and no other harms, unless someone or some group with some capacity to exert force, brought a case to the attention of the court and was able to enforce any decision.

Medieval Iceland was a society in which violence was not always punished and where those inclined to use violence for self-enrichment could live without consequences, either through ignoring laws, or making use of laws and customs, which created opportunities to take property on an issue of ‘honour’. The courts and laws of Medieval Iceland were maybe adequate for creating some restraint on a community containing a significant proportion of Viking raiders regarding murderous violence on a systematic scale as legitimate and even as an honourable way to increase wealth.

On the whole I lean more in the second direction, I certainly see no reason to see near-anarchist Iceland as better for liberty in its time than the self-governing merchant towns of the Baltic, the Low Countries, and northern Italy. There is no evidence that Medieval Europeans were ever inspired to take Iceland as a great example of anything. The intermittently contained violence of slave owning landholders is not a great justification for the semi voluntary legal system, and near non-state.

Having said that, the emphasis on justice as mediation, and on punishments limited to exile and compensatory payments, does have something to say to those who prefer to limit the power of the state over individuals, who wish to prevent the punishment of crime become the reason for an incarcerating state, trying to extend that model of power into every aspect of social life.

The system of law without state compulsion did not succeed in sustaining itself beyond a few centuries, but that is enough to suggest that there are some possibilities of viable modern national communities existing with less of a centralised state and coercive judicial-penal-police apparatus than is now normal. The limitations of Saga Icelandic liberty apply to the antique slaveholding republics, and in some part to European states and the USA when some forms of liberty were increasing while plantation slavery was expanding. The Icelandic Medieval example is at the very least worth contemplation with regard to the possibilities of limiting the coercive state.

Note on texts. As with other classics, many editions are available and I usually leave readers of these posts to find one in the way that is most convenient for them. In this case though, I would like to point out the following extensive and scholarly edition, which includes some useful historical background as well as literary discussion.

The Sagas of the Icelanders: A Selection,  Viking [hah Viking!]-Penguin, New York NY, 2000.

Some Thoughts on Voting

A while ago I bought a Willie Nelson album because Willie is excellent. People who say “I don’t like country music” haven’t listened to Willie Nelson.

Willie would be the first pig-tailed president. We must elect him for social justice!

Even though I can get the album without paying for it, I paid because I want to tell Willie Nelson that I appreciate him. But my purchase was also a dollar vote (a five dollar vote, really) telling would-be musicians to be more like Willie Nelson.* For undertaking the expense of making that vote, I even got access to the album through Amazon. That’s good if I want to load it onto my phone for a road trip, but most of the time it’s actually easier for me to listen to that album on Grooveshark. In any case, I got to express myself, listen to Willie Nelson in a barely easier fashion under some circumstances, and it only cost my $4.99.

Now let’s do some lazy economics. My cost of expressing my preferences was approximately $5. If I’m rational we can infer that my benefit was at least as great. I got access to the album (that’s worth about 2 cents to me), I got to express my appreciation of Willie, and I got to make an infinitesimally small impact on the artistic landscape.

I think it’s fair to say that people who vote are doing so to express their views (as I did). But I think they usually vote for the wrong person. If I decide candidate Bob is less terrible than candidate Andy, that doesn’t mean I should vote Bob. I think candidate Carol actually reflects my views fairly well, and I’m sure she won’t win the election. But I also know that if either Andy or Bob wins, it will be by 300 or more votes**; so if I vote for Carol I won’t change the outcome and thus won’t be “wasting” my vote. In fact, if I vote for Bob I’m wasting my vote because I’m sending the message that we need less of the stuff Carol calls for and more of the stuff Bob does.

But in any case, we all pretty much understand that while your vote matters on average, it doesn’t matter on the margin. Put simply, the costs of voting are significantly higher than the benefits you would get if your vote magically actually did change the outcome multiplied by the probability that such a miracle occurs. So probably people vote to express themselves, and as long as their doing that, voting for the Republicans (Democrats) is like buying a popular album you hate because there’s another popular album you hate more. Don’t do that!

* Being more like Willie Nelson doesn’t mean impersonating Willie, it means being excellent.

** In an election with fewer than 5000 voters you might actually have a reasonable chance of affecting the outcome, but if you aren’t voting in a small town election you can safely assume that your vote won’t determine the winner.

Why not world government? Part 2

In Part 1 we gave a general definition to what world government, or ‘monopolis’ as I’ve suggested, was. Key to our definition was that a monopolis was neither inherently libertarian nor anti-libertarian. Some readers might scratch their heads and wonder if such a vague definition is of any helpful. After all if a standard dictionary were written in similar vague terms we would have entries that read like:

Broccoli: noun. A vegetable that can taste nasty except when it doesn’t.

Nonetheless I argue that my definition of monopolis is invaluable in that it clarifies that whether a world government is desirable or not depends on the details. This is an advancement over the extreme positions that world government, or any other ‘large’ government, is inherently bad or good in that it allows us to attempt to reach a middle ground. In other words the size of government has a bell-shaped curve relationship in terms of efficiency. Larger governments benefit from returns to scale, but there is a point where these returns to scale become decreasing or even negative. The ideal size of government is at the middle point – but it is unclear where exactly that middle point is.

Federal government.
What is the optimum level of federal government?

At heart I am an anarchist and would prefer a world composed of countless city-states that freely traded with one another. One would still be part of a government, but which government you were part of would be no more important than what baseball team you rooted for. If possible I’d do away with the city-states as well and allow individuals to contract with one another directly but alas we have not yet reached the conditions necessary for that!

Even in my anarchist utopia though there would be the need for a federal government that promoted inter-city trade. Without a strong federal government local states could easily erect trade barriers to protect themselves from outside competition. A federal government’s chief benefit would be in that it would act to reduce transaction costs between member-states.

At the same time there would be a cost to introducing a federal government in my anarchist utopia. A federal government strong enough to defy member-states can use the same power to give itself more duties. Indeed, the individuals who compose federal governments have strong personal incentives to grant themselves further powers. How else can the growth of the United States federal government be explained? At its inception the United States was little more than a trade and common defense pact – it didn’t even have the power to levy taxes and had to request funds from the constituent states. Compare that to today’s US federal government, whose tentacles can be found in almost every aspect of life.

Federal governments do nonetheless face internal and external constraints to what they can do. Federal governments have the ability to defy individual member-states, but they have less ability to confront several local elites at once. Take for example the Real ID act; passed in the early 2000s the Real ID act would have created a de facto national ID in the United States but it has thus far been stalled due to the opposition of several state governments. Externally federal governments are also constrained by competing federal governments. The United States federal government cannot devote itself entirely to dominating its constituent member-states, it must also pay attention to the actions of Russia, China, India, and other rival powers.

It is due to the latter reason that I do not favor world government; I fear that in the absence of competing federal powers the remaining federal government would be able to devote itself to centralizing power away from local elites.
I concede that there are two scenarios where my concerns would be lessened.

  1. In the first scenario the constituent member-states are strong enough that a small fraction of them can restrain the actions of the federal government. This would require a few member-states to be both significantly larger than the other constituent member-states and to have conflicting views on public policy than the federal government. A world federal government would need a ‘California’ or ‘Texas’ if you would.California and Texas could both become independent nations and safely be great powers. This position has allowed them to defy the federal government on several occasions as there is an implicit understanding that they could secure their independence if their long run interests differ sharply from the United States’ interests. Brandon Christensen has often pointed out the importance of allowing member-states to secede from their federations, and here I agree fully with him.

    The existence of a ‘California’ or ‘Texas’ is tricky though. Member-states will only stay in a federal government if they benefit from doing so and there are several scenarios where a member-state like ‘California’ might actually secede. Secession, done rightly, could induce the federal government to seek compromise or internal reform. Or it might attack ‘California’ and assert that secession is illegitimate. Peaceful secession, such as the break up of Czechoslovakia, is certainly possible but they are rare.

  2. The second scenario would be one where the federal government was constrained by its future self. Let us posit a monopolis, a world government, that was secure in its rule. Would the rulers of such a monopolis set tax rates at 100%? Not if they were concerned about future revenues. A monopolis would likely prefer to smooth its consumption over time and to do this it would have to find a tax rate that did not hinder future economic productivity of its citizenry too much. This scenario however would only arise if the ruling elite at the top of the monopolis governing structure were assured that they and their descendants would continue to be ruling elites for the foreseeable future. A monopolis would have to be a monarchy in essence.

In summary, a monopolis would be desirable if the details were properly adjusted to avoid reaching decreasing or negative returns to scale in efficiency. A monopolis would have to face constraints of some sort, which in the absence of external competitors would have to be either strong member-states that could achieve independence if desired and/or a ruling elite that was strong enough that it had no serious concerns about being overthrown. If these conditions could be met then a monopolis would be well worth it.

I for one am skeptical about our ability to achieve these prerequisites, but the argument is no longer a theoretical one. The question of whether a world government is desirable has become an empirical question as we need to find some way of measuring the likelihood of achieving the above mentioned perquisites.

Thoughts? Comments? Disagreements? Comment below.

From the Comments: The medieval Dark Ages were indeed dark

Dr Stocker answers my question about non-European canons of liberty:

Hello Brandon, sorry I didn’t have time to check the comments on this earlier. I don’t really want to say there was a 1000 year dark age for thought about liberty, but in terms of big recognised classics, it does look like a ‘Dark Age’.

Sadly I’m not equipped to discuss what was going on outside ‘Christendom’, the Medieval Christian world which largely corresponded with Europe particularly after the Arab (and in the west Berber) Muslim conquests in north Africa and south west Asia, so in what had been the Byzantine Empire outside its Balkan and Anatolian heartland.

I’m very slightly better qualified to discuss the Muslim world of this time than the cultures further east, and as far as I can see despite the riches of Muslim intellectual achievement, and the building of legal traditions, there is no major figure who could be described as pro-liberty though as with Aquinas, William of Ockam and other major political writers in Christendom of the time, there is an interest in law and respect for law from the sovereign power. I personally feel it’s a bit of a stretch to include that in any kind of liberty tradition, though the rule of law ideas to feed into it and to some degree pick up on antique republican thought, but largely in its empire of laws aspect rather than other aspects of political and social liberty.

There is a lot of really important and interesting stuff going on further east, particularly in China and India, going back to at least the time of Aristotle in Greece, in terms of philosophical, ethical, and political thought, and institutional innovation. On the institutional side though, I can’t see anything that looks very ‘republican’ or holding power accountable, or valuing challenges to excessive power. I’m sure there are texts that are important for liberty minded people to read, and some things some absolute rulers did like Buddhists who tried to abolish slavery, worth knowing about, but I’m just not competent right now to deal with this stuff properly. It is becoming better known in the west and that is going to produce results in the liberty community. I’ll see if I’m ever ready to engage, I’ve got some iras about how to get there from particular interests of mine, but it needs time.

In discussing Asian political traditions, one issue which is being discussed a lot is state hill communities in southern Asia, though from a collectivist anarchist position rather than an individualist anarchist position, the discussion has been picked up to some degree from an individualist point of view (Peter Leeson, the George Mason economist for example) and I think we’ll see more of that over time. That issue of hill peoples brings me onto something else.

Knowledge of the political structures of hill peoples comes from anthropologists (particularly the Yale anthropologist and agrarian studies specialist James C. Scott, a collectivist anarchist in inclination) rather than from texts in political theory by those stateless peoples. They were illiterate and maybe deliberately so to protect themselves from the low land state observations. Any political philosophy (or indeed philosophy of any kind) of such people comes from looking at the assumptions and everyday ‘ideologies’ of their lives. A big thing on that issue which has been getting increasing interest is that until the late 18th century European histories of philosophy included that kind of implicit philosophy of illiterate peoples observed in an ‘anthropological’ way by ancient historians like Tacitus and Herodotus. There has been a modern equivalent, roughly speaking, to that Herodotus/Tacitus observation of the supposed beliefs of peoples who seem very foreign, which is African philosophy, as studied by African scholars and outside Africa, largely by African-American scholars in US universities. This has engaged with an anthropological-philosophical study of the belief systems of colonised and pre-colonial African peoples.

There is a scholar known to me by personal acquaintance as well as academic reputation working on that sort of approach to non-literarate or not very literate non-urban societies round the world. That is Justin E.H. Smith a (white) American based at the University of Paris, who has a book due out on this in a few years, I’m certainly looking forward to it. That leads me to your point about ideology.

I agree that there is a valid area of study of philosophy, political throughout etc as it exists outside ‘ideology’ as written texts on those theme. It may have some relation to ‘ideology’ as everyday assumptions, though with less of the control/conformity associations of ‘ideology’. I am not on the whole the right person to say much about this, but over time I might be able to post a few things. I’m thinking of taking a step in that direction for next week’s post, which I’m thinking could be on the Medieval Iceland Eddas (heroic poetry) as it relates to a society, which apparently had very little in the way of a central state. That will mean breaking the timeline I’m working through, but that’s OK as I now realise I meant to cover the Roman historian Tacitus, but forgot, so next couple of posts will probably go back in history. Just working on a post on a 14th century English legal thinker, John Fortescue, for this weekend.

You can all read Dr Stocker’s promised Fortescue post here if you haven’t already (it’s excellent, of course). I have been interested in liberty from a non-European point of view ever since I first became interested in liberty (2008, thanks to Ron Paul’s presidential run, and I have always been interested in non-European cultures). A part of me wants to believe that there is an unwritten code of liberty to be found within all societies, and I think that there is a case to be made for this, if you look closely enough.

However, I was doing a search for liberal political parties throughout the world (liberal means libertarian!) and I was genuinely shocked at how few liberal parties there are outside of continental Europe and the Anglo-Saxon world. Even Latin America, long the West’s red-headed stepchild, has a dearth of liberal political parties.

Most parties in the non-European world are based around ethnicity, nationality, or socialism. The fact that socialism is ambiguous enough that it can allow for a narrative that incorporates ethnicity or nationality into its premise probably accounts for the popularity of these political parties. (So, for example, a political party that serves the interests of an ethnic group in a post-colonial state will often name itself the “National Party of Post-Colony,” or the “People’s Party of Post-Colony.”) This is still a disheartening trend, though. In the US, both major political parties are essentially liberal, and in continental Europe most of the political parties are liberal in fact if not in name.

I note here that factions and not parties are ultimately what drives drives politics, but the lack of liberal political parties can still us something about a society’s cultural mores.

For some reason this superficial political observation, coupled with Barry’s astute thoughts, reminds of this old post by Jacques on knowledge, language, and information.

An Excellent Analysis of Karl Marx and His System by Leszek Kolakowski

Many Western Marxists used to repeat that socialism such as it existed in the Soviet Union had nothing to do with Marxist theory and that, deplorable as it might be, it was best explained by some specific conditions in Russia. If this is the case, how could it have happened that so many people in the nineteenth century, especially the anarchists, predicted fairly exactly what socialism based on Marxist principles would turn out to be namely, state slavery? Proudhon argued that Marx’s ideal is to make human beings state property. According to Bakunin, Marxian socialism would consist in the rule of the renegades of the ruling class, and it would be based on exploitation and oppression worse than anything previously known. According to the Polish anarcho-syndicalist Edward Abramowski, if communism were by some miracle to win in the moral conditions of contemporary society, it would result in class division and exploitation worse than what existed at the time (because institutional changes do not alter human motivations and moral behavior). Benjamin Tucker said that Marxism knows only one cure for monopolies, and that is a single monopoly.

These predictions were made in the nineteenth century, decades before the Russian Revolution. Were these people clairvoyant? No. Rather, one could make such predictions rationally, and infer from Marxian anticipations the system of socialized serfdom.

Read the whole thing. It’s relatively short and has a lot of good insights. The part about Marx cheating on the wages of European workers, and his views on the non-European world, are alone worth the price of admission. Kolakowski was a Polish philosopher and Cold War dissident.

Individual Sovereignty

Individual sovereignty means that it is evil for any other person to interfere with one’s honest and peaceful choices. This prescription comes from natural moral law, as expressed by the universal ethic:

1) “Harm” means a invasion into another’s domain.
2) All acts, and only those acts, which coercively harm others, are evil.
3) Welcomed benefits are good.
4) All other acts are morally neutral.

Natural moral law is derived from human individuality and equality, and the premise of equality implies individual sovereignty. For if one is not sovereign, some other person has the moral authority to be a master, and equality does not exist. Individual sovereignty is moral equality taken to its logical conclusion. The concept of “self ownership” is the same as individual sovereignty.

Because individual sovereignty derives from the universal ethic and its premise of human equality, it does not imply that a sovereign individual may do anything he pleases. A self-owner may not impose coercive harm on others. One may do as one pleases so long as one’s actions are honest and peaceful. An honest action does not coercively harm others through fraud.

“A person has a functioning mind and the actual or potential ability to make choices based on reason and awareness” (Dictionary of Free-Market Economics). Young children have such minds and are therefore also sovereign. But the ability to use reason is something that develops as children mature, and therefore the parents have a responsibility to exercise some of the sovereignty rights on behalf of their children. Conversely, creating a child also creates a moral obligation of the parent to provide judgment as well as material needs for their children. Upon some age of maturity, the child becomes a fully sovereign human being.

In political theory monarchs have been said to be sovereign, and are called “the Sovereign”. But even if the king has absolute legal power, he is a human being equal to all others, and any coercive power he has over others is a usurpation of individual sovereignty.

When republics and democracies replaced absolute monarchs, the state and its government were said to be sovereign. A country is sovereign when there is no other political body above it. In the United States, the federal and state governments have parallel sovereignty, and the native Indian nations are supposed to have some elements of national sovereignty. The US federal government has entered into treaty obligations and has joined international organizations such as the United Nations and World Trade Organization, but it could withdraw from these organizations and treaties, as the UN and WTO have no sovereignty, but only delegated powers.

Power is always exercised by individual persons, not by mental constructs. Governments and states are mental constructs, having no reality other than what people believe. If a government exercises its sovereign power, in reality, it is the president or prime minister applying the forces of government, ultimately its army, police, and prison guards. Arbitrary state power is ultimately the unequal power of some individuals over others. There is no moral authority or legitimacy for government other than to enforce the universal ethic, which implies that it is immoral for government to interfere with peaceful and honest individual sovereignty. If government makes theft legally a crime, it is already morally a crime, and government simply acts as an agent of the people to enforce moral law, although if it does that, the financing must also be moral.

Therefore individual sovereignty implies peaceful anarchism, with no imposed government, because even if the government confines itself to enforcing the universal ethic, the rulers are human beings who have no greater wisdom, in general, than others, and they could end up imposing their wills to alter peaceful choices. Therefore, pure equality implies that there be no rulers imposed on unwilling persons.

Anarchism, as the absence of imposed government, does not imply chaos and disorder, as connoted by the unfortunate other meaning of “anarchy”. Human beings have always lived in organized communities. In anarchism, most people would join associations such as condominiums, cooperatives, and proprietary communities (owners with tenants). These local communities would federate into broader or higher associations, ultimately covering a continent or the whole planet. The benefit of government – a uniform rule of law – would be provided, without its fatal flaw, the denial of individual sovereignty.

One more element of individual sovereignty needs to be addressed: the issue of land ownership. Self-ownership implies the ownership of one’s labor, the products of labor, and the wages of labor. But self-ownership does not apply to nature, all that is apart from persons and human action. The premise of human equality implies that all persons own an equal share of the benefits of natural resources, and that can be accomplished by collecting the economic rent of land, its yield when put to optimal use, and distributing that rent equally.

The local site rentals, generated by the local population, commerce, and public goods, would be paid to the community’s providers of civic goods. The multi-level federations of voluntary communities and associations would implement the collection of land rent and local rentals, and this geo-anarchism would provide the funding needed to implement the voluntary governance.

Individual sovereignty is therefore feasible and is consistent with, and indeed best generates, peace and prosperity. Wars, such as in the Middle East, would cease if most people recognized individual sovereignty and equal rights to natural benefits, rather than fight over the coercively collective and fictitious sovereignty of states.
————————————————————
This article first appeared in http://www.progress.org/views/editorials/individual-sovereignty/

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Polystate – book 3

This is my nth response to Polystate and covers the third and final portion of the book (for the 1st through n-1th responses see here, here, and here).

As a quick reminder, the purpose of this book is to consider a possible political structure where individuals choose their own government (“anthrostate”) and these governments operate in the same geographic area (under a “polystate”). This is in contrast to the current system of geographical monopolies on coercion (“geostates”).

Book three attempts to identify insoluble problems with the idea of a polystate. The first problem is the potential for bureaucracy explosion (no, not that kind). A greater (which is to say any) degree of customized service in our current government would surely come with increased costs. There may be technological solutions to this problem, and competition between anthrostates would surely add pressure to get around these costs. In any event, the administrative questions are actually quite interesting. I suspect that many government services would end up moving back into civil society and private markets and the result would be lower monitoring costs in the case of civil society (e.g. for social security through mutual aid societies), and greater use of specialization and innovation in the case of market goods (e.g. for safety standards).

Another big one is the importance of “sacred locations.” If we had always lived in a polystate, Jerusalem might be considered a state of mind. But in the world we live in, it’s a geographical location, and different groups want it for themselves. A market with private property allows these groups to express the importance of this location by outbidding others for its purchase, but such a system is likely not good enough for some members of the relevant groups, and it’s plausible that violence could be resorted to. At the risk of sounding like an insensitive social Darwinist… maybe that’s not the worst possible outcome?… But certainly still a bad, though the root problem is the beliefs of those people; determining which political structure (all of which have costs and benefits) is “best” is an interesting question.

I think the biggest area of potential contention (by non-libertarians) is demonstrated by the issue of gun control. One anthrostate’s gun control is meaningless if it coexists with another that doesn’t have gun control. In other words, a polystate is less polycentric confederacy and more anarchist default plus an odd contract structure for particular firms. This leads to the final problem: transition.

The epilogue discusses the “issue” that the proposal is for a minimal polystate. We can think of this as a contemplation of federalism. This is a thought experiment in radical federalism that is so far down the spectrum of possibilities that it puts the onus of governance on the individual. In many ways, discussions by libertarian political economists can be thought of more as discussions of federalism than discussions of liberty; I think it’s worth thinking about the connection between federalism and freedom, as well as different potential forms of federalism.

Here are my overall thoughts: The book presents an interesting thought experiment and the author does an excellent job of providing well thought out analysis without going overboard. There is plenty to think about, and plenty more discussion to be had (note: read this book with friends and discuss it over beers). ZW had a choice of going into more detail and making a stronger case, or going into less detail and leaving more of the thought experiment to the reader. I think he perfectly balanced these two goals.

Note: an ungated version of that last link is available here. The article is “Afraid to be free: Dependency as desideratum” by James Buchanan.

Rick Weighs on Intellectual Property: More Questions Than Answers

Adam recently posted that the British government is contemplating pretty outrageous penalties for Internet pirates. Naturally I wanted to chime in with an outrageously long comment about the nature of property and the (im)possibility of intellectual property (IP) rights. That’s just the libertarian thing to do! There’s a lot to say and it will take more than a few beers to sort this whole thing out, so I’m going to limit myself which means I’ll just raise more questions than I answer…

So let’s start with why IP doesn’t make a lot of sense. IP is information and information wants to be free. My use of a song doesn’t prevent you from using it. IP isn’t scarce in the way a car is. Besides, there’s some evidence that government enforcement of IP does more harm than good. And pirates end up spending more to buy IP than other people anyways (I usually listen to music for free on Grooveshark, but the other day I thought, “I’d really like to tell Willie Nelson that I think his music is great,” so I bought an album even though I could have listened to it for free!). And besides, musicians can make money by performing live.

But just because it isn’t a tangible thing, doesn’t mean we are forbidden from attaching rights to it, even in anarchy. Property rights are a “bundle of sticks.” I own my land, but you might have a right to the sunshine I would block if I built a skyscraper. Likewise, a society can come to some sort of quasi-unanimous agreement that the creator of a song has the right to control its use, even in the form of digital files.

Now, government enforcement of IP laws is fraught with difficulties even before we get to public choice issues. Should a patent be 20 years or 19.5? If the optimal patent length is 16 years, then the current system is a net subsidy and so creates economic inefficiency. But determining the optimal length in a world of benevolent political actors is an incredibly complex problem. How stringently should patents be enforced? How do we account for the differences in conditions that affect different patents (or copyrights, etc.)? This argument doesn’t say “don’t do IP,” it just says, “hey, this whole venture has its own set of costs we need to account for. It’s conceivable that we conclude that the optimal patent is probably between 5 and 20 years, but if we’re off by more than 4 years the costs of the error will outweigh the net benefits of the patent.

Then there’s the public choice problems. We don’t want IP law to be some Mickey Mouse operation set up to hurt consumers.

But (and that’s a big but!) we have to return to this issue of property rights. When I buy an apple, I’m concerned with the physical thing, but really I’m buying a bundle of rights. The rights are what’s being exchanged, and then later exercised. These rights are socially determined and often-but-not-always-or-even-mostly enforced by government. Yes, if I steal your car the government will probably get involved. Yes, the government provides a back-stop to rights enforcement in a lot of areas. But rights are ultimately a social-political construct that can exist in anarchy. What does this mean? First, it means that we could conceivably have intellectual property rights . Second, it means that we could have such rights in a state of anarchy.

Obviously the nature of the good will affect the viability of such a system. Enforcing IP laws is difficult enough when some third-party can come in and say “you’re a pirate and you’re going to jail.” In a common law situation where you have to make the plaintiff whole, it’s difficult to say what that means. Reputation plus property rights might keep comics from stealing others’ material, but it might just separate the comedy industry into auteurs with sophisticated audiences and Carlos Mencia with less sophisticated audiences.

We can safely label a law or institution as legitimate if it is unanimously accepted. In the case of IP, such unanimity seems unlikely. In any case, I still suspect that government involvement in IP does net harm although I’ll grant that it’s a (probably impossible to answer) empirical question.

Seven Ways Libertarians Sometimes Run Off the Rails

I’m a dedicated libertarian but my first allegiance is to accuracy.  It pains me when I see libertarians making arguments that are inaccurate, irrelevant, or just plain wrong.  When they do so, they do themselves and our movement a big dis-service.  I list seven such arguments here.  More could be added.

  1. The Fed is privately owned. This is true only superficially. Member banks own shares of stock in one of twelve district Federal Reserve Banks and they receive dividends on those shares. But they have little in the way of genuine ownership privileges. They cannot sell their stock and their voting rights are very limited. The President of the United States appoints the Board of Governors. Just because a legal arrangement is given labels that suggest private ownership, that doesn’t make it so.

  2. The Bureau of Labor Statistics disguises the true unemployment situation by excluding workers who are “discouraged,” i.e., not seeking jobs. This is true of the U-3 unemployment figure which is the most widely cited figure, and the one the Fed says it is targeting. That figure is currently about 6.5%. The BLS also publishes its U-6 figure, which includes discouraged workers and currently stands at around 13%, down from about 17% at the height of the Great Recession. The BLS is not covering up anything here, although politicians may certainly choose to emphasize one figure or the other depending on what ax they’re grinding. Which is the “true” unemployment rate? There’s no such thing. The figures are what they are and observers can make of them what they will.

  3. “Chain-weighted” versions of the Consumer Price Index are politically motivated.  These adjustments are intended to recognize the substitution effect, the classic example of which is when the price of beef rises and the price of chicken doesn’t, people eat less beef and more chicken. Peoples’ cost of living rises less than it otherwise would. CPI increases as measured by a chain-weighted formula reflect this fact, and the resulting price inflation estimates come out lower than under the old approach. That flashes a green light to some conspiracy theorists. While these adjustments are tricky business, substitution effects are real and the attempt to compensate for them should not be impugned.
  4. The Consumer Price Index is politically manipulated by excluding food and energy. There are many versions of the CPI. One of them excludes food and energy because those prices are usually very volatile. That figure may be useful to economists who want to filter out volatile effects and focus on secular trends. Again, the figures are what they are, and politicians or for that matter we bloggers can use or misuse them as we wish.

  5. “Banksters” control the U.S. government. There is a grain of truth in this one. The big banks are both victims and beneficiaries of government dominance of banking and finance. The reality of government regulation is that regulated firms employ many very smart and very well paid individuals who are constantly finding ways to manipulate or sidestep the regulations to which they are subject. The fact is that the regulators and the regulated are very thick. Banking and finance are controlled by a cabal of government and Wall Street firms and individuals. It’s a mistake to say that either group totally dominates the other.

  6. Global warming is a myth and a scam. Ron Paul, whom I admire very much, blotted his copy book when he said on Fox News, “The greatest hoax I think that has been around for many, many years if not hundreds of years has been this hoax on […] global warming.” A few basic facts are beyond dispute: (a) carbon dioxide is a greenhouse gas, (b) CO2 levels are at an all time high, and (c) human activity is the primary cause of the increase. Beyond that, the evidence starts to get sketchy and incomplete. We do seem to have melting polar ice caps, record high temperatures in some places, droughts, etc. But overall there has been almost no temperature increase during the last ten years or so.  Projections of rising temperatures and rising sea levels appear to be too pessimistic. This is a very complex issue and one where biases can overwhelm us if we aren’t careful. Statists are prone to accept the global warming thesis because they see it as a way to increase state power. Libertarians want the issue to go away for the same reason. This would be a great time for all parties to step back an exercise some epistemic humility. There’s a great deal about this issue that we just don’t know.

  7. Let’s get rid of the state entirely, and all will be well. Given the present primitive degree of evolution of our species, a new state will pop up wherever an existing one is overthrown. The key to peace and prosperity is not anything so simple as abolition of the state, but to convince enough people, thoroughly enough, of the advantages of long-term cooperation. Good institutions will follow.

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Classical Liberals Who Weren’t Right About Everything

Many classical liberals and their ideas have been maligned by their interpreters. We must set the record straight. Professor Ross Emmett, in “What’s Right with Malthus,” from The Freeman, champions the cause of Thomas Robert Malthus, who, contrary to what one might think after encountering Malthus’ followers and critics,

argued that private property rights, free markets, and…marriage were essential features of an advanced civilization.

Some disciples of Malthus took his erroneous population theory as evidence of the need for eugenics, population control, and environmental “regulation.” They ignored Malthus’ arguments favoring institutions more capable of (and more compassionate in) achieving their desired ends; institutions that first came about not by design, but by convention. The eugenicists Francis Galton and Julian Huxley (both related to Darwin), and eco-catastrophist Paul Ehrlich come to mind.

But there were also critics, who, preferring utopian visions of the perfectibility of mankind, denounced Malthus’ pessimistic views. Anarchists William Godwin and Pierre-Joseph Proudhon are most notable in this regard. Godwin and Malthus had exchanged criticisms (noted by Emmett) in some of their essays. Malthus attacked Godwin’s utopianism. Godwin assailed Malthus’ assumption of arithmetical increase in agricultural output, as compared to geometrical increase of population. And Proudhon targeted the overzealous Malthusians of his day, citing as grievances the former’s antagonism toward the lower classes. While neither Godwin nor Proudhon did terrible injustice to Malthus himself, they unintentionally contributed to the myth that the worst variety of population catastrophists were the most orthodox.

Notice the themes that Professor Emmett brings to our attention. First, that even in their controversial and disputable contributions, great theorists illuminate the path for later philosophers. Second, that human institutions can mitigate human nature’s undesirable effects.

In light of these, consider two other social theorists whose ideas have been abused by overenthusiastic students and overreactive peers alike: Herbert Spencer (insightful Malthus adherent), and the aforementioned Mr. Proudhon (noteworthy Malthus critic).

Leading “social Darwinist” (a pejorative used to link eugenics and capitalism), Herbert Spencer (considered a conservative anarchist by Georgi Plekhanov) was, like Darwin, influenced by Malthus’ idea that the fittest tend to survive overpopulation-induced catastrophes. He is known for having coined “survival of the fittest,” a term later used by Darwin in the fifth edition of On the Origin of Species (1859). Spencer originally used it to convey Darwin’s concept of natural selection, and drew parallels between biological evolution through natural selection and social evolution through market competition. But he never implied that they were identical or that marketplace competition was necessarily an outgrowth of natural selection.

If anything, it should be thought of as an alternative to natural selection. Humans, to survive as a species, might practice natural selection as a matter of biological fact. And without the ability to reason this might eventually lead to a Hobbesian jungle. But since man is rational, natural selection’s role in social evolution is significantly lessened. Society arises from the natural order of things. There is no need for the Commonwealth or the General Will to step in and provide it.

Friedrich Engels saw things differently when he wrote in the introduction to his Dialectics of Nature (1872/1883):

Darwin did not know what a bitter satire he wrote on mankind…when he showed that free competition…is the normal state of the animal kingdom. Only…production and distribution…carried on in a planned way, can lift mankind above the rest of the animal world…

Competition exists in both the natural world and free markets, so the connection between natural selection and marketplace competition, though spurious, seems all too obvious for critics of one or the other. They wrongfully project the cold, deterministic properties of nature onto economic freedom. But marketplace competition is an outgrowth of the ability to reason, not base survival instincts. The will to survive is certainly a factor of social progress, but taken on its own would tend toward more similarities with nature, such that the life of man would be “solitary, poor, nasty, brutish, and short.” Man has the faculties to escape the jungle, to leave the animal kingdom, to better his life without worsening others’.

Communist anarchist Pyotr Kropotkin (influenced by Godwin) juxtaposed social Darwinism, evolution requiring competition, with his own take, evolution requiring cooperation, in his book Mutual Aid: A Factor of Evolution (1902). In so doing, he disagreed with Engels on Darwin, by describing how natural selection depended at least as much upon cooperation as it did biological competition. But unfortunately he conformed to Engels on the false dichotomy between rational competition (free markets) and cooperation (mutual aid).

Our second subject, Pierre-Joseph Proudhon was a mutualist, an anarchist and a socialist. Yet some of his ideas are more in line with libertarianism than with contemporary socialism. They were often based on a fairly consistent concept of natural rights, but understood in light of fallacious economic principles, especially the labor theory of value (held by Locke, Smith, Ricardo, and Marx).

But utility-based theories are in vogue among today’s classical liberals and much of Proudhon’s economics has been rightly tossed aside. But his theory of spontaneous order and support for free markets should not be so readily discarded. Leave that to conservatives fearful of anything tainted by the socialist label, and to leftists whose only alternative would be to admit that the labor theory is passé.

Proudhon (General Idea of the Revolution in the Nineteenth Century, 1851) was also opposed to Hobbes’ and Rousseau’s social contract theories, having his own:

What really is the Social Contract? An agreement of the citizen with the government? No…The social contract is an agreement of man with man…from which must result what we call society…Commerce…the act by which man and man declare themselves essentially producers, and abdicate all pretension to govern each other.

Organic institutions, neither designed nor imposed!

It seems there’s much knowledge and inspiration to be gained by examining the forgotten words of discredited intellectuals. Warts and all.