Nightcap

  1. The two afflictions that enhance the challenge for returning vets David French, National Review
  2. The varieties of Muslim faith become a vital form of diplomacy Bruce Clark, Erasmus
  3. How the Inkas governed, thrived and fell without alphabetic writing Christopher Given-Wilson, Aeon
  4. Qatar’s progress on its improbable World Cup David Conn, Guardian

Legal Immigration Into the United States (Part 20): Transitional Measures and Conclusions

We must recognize than any orderly system used to select and admit immigrants involves a degree of bureaucratic slowness. Hence, the existing family preference-based program would have to be extended for several years, maybe as long as ten, while accepting no more new applications. It’s likely that the compromise solution would even have to be some sort of measure that guarantees that the last direct descendants and direct ascendants of existing immigrants have been accommodated.

To remedy the labor rigidity consequent on the abolition of family preference as the primary source of admission, the US might re-instate a new version of the 1942-1964 bracero program. I refer to a system of admission of temporary contractual workers guaranteed a minimum wage and decent living conditions by employers for a stated period. Temporary immigrants admitted in this manner would have no expectation of permanent admission to the US. The problem of “stay-overs” could be solved through a conventional bonding system. (I am puzzled about why bonding has not yet been tried in connection to immigration.) The work sojourns would have to be made renewable in law so that the US might preserve the option of keeping temp. workers who had acquired valuable and rare skills during, or even before their first, or following stay in-country. In exceptional cases, temp. workers in such a program could be channeled to the new F-1B program, perhaps with credit given for experiences working in the US and for cultural adjustment.

Conclusions

In summary: I deplore two features of current public discussions of legal immigration: They are ill-informed to an astonishing degree; and, they are often crude, lacking in both subtlety and imagination, like an argument between two people who keep cutting each other off. Unless one formulates a systematic alternative to the current system, one squarely separating immigration based on altruism from merit-based immigration, immigration based on the expected immigrants contributions to American society, the helter-skelter liberal project will continue to prevail. It is now prevailing by default in the minds of  most Americans. Those who have the energy to resist it too often limit their response to a blind “No!”In the end,  if no countervailing project emerges forcefully, we will witness the establishment of a statist one-party system in the US. Libertarians, among others, should hurry to confront their close friends and relatives who toy with the dangerous delusion of open borders.

[Editor’s note: in case you missed it, here is Part 19; you can also read the entire essay at the “LongForm Essays” section of the blog.]

Nightcap

  1. Collapsing certainties: art and its social and cultural setting Partha Mitter, Cairo Review
  2. Native Americans: victims of bureaucracy Michael Adamson, the Freeman
  3. Native American reservations: “socialist archipelago” Andrei Znamenski, Mises Daily
  4. The rise of Russia’s GRU Military Intelligence Service Christian Esch, der Spiegel

NATO, Kendrick Lamar, and the answer to free riding

Edwin’s post giving one cheer to NATO brings up the old rift between European and American libertarians on foreign policy and military alliances. As usual, it’s excellent and thought-provoking. Here’s what he got out of me:

International relations splits the classical liberal/libertarian movement for a few reasons. First, consensus-building on both sides of the pond is different, and this contributes strongly to the divide over foreign policy. American libertarians lean isolationist because it aligns closer to the American left and libertarians are desperate to have some sort of common ground with American leftists. In Europe, leftists are much less liberal than American leftists (they’re socialists and communists, whereas in the States leftists are more like Millian liberals), and therefore European libertarians try to find different common ground with leftist factions. Exporting the Revolution just doesn’t do it for Europe’s libertarians.

Edwin (and Barry) have done a good job convincing me that trans-Atlantic military ties are worth the effort. But we’re still stuck at a point where the US pays too much and the Europeans do too little. Trans-Atlantic ties are deep militarily, culturally, and economically. Tariff rates between the United States and Western Europe are miniscule, and the massive military exercise put on by NATO’s heavyweights highlights well the intricate defense connections between both sides of the pond. Night clubs in Paris, London, Warsaw, and Los Angeles all play the same Kendrick Lamar songs, too.

Politically, though, the Western world is not connected enough. Sure, there are plenty of international organizations that bureaucrats on both sides of the pond are able to work in, but bureaucracy is only one aspect of getting more politically intertwined with each other (and it’s a damn poor method, too).

In 1966 economists Mancur Olson and Richard Zeckhauser wrote an article for the RAND Corporation showing that there were two ways to make NATO a more equitable military alliance: 1) greater unification or 2) sharing costs on a percentage basis. The article, titled “An Economic Theory of Alliances,” has been influential. Yet almost all of the focus since it was published over 50 years ago has been on door number 2, sharing costs on a percentage basis. Thus, you have Obama and Trump bemoaning the inability of Europe’s NATO members to meet their percentage threshold that had been agreed upon with a handshake at some sort of bureaucratic summit. You have Bush II and Clinton gently reminding Europe’s NATO members of the need to contribute more to defense spending. You have Nixon and Carter prodding Europe’s NATO members to meet an agreed-upon 3-4 percent threshold. For half a century policymakers on both sides of the Atlantic have tried to make NATO more equitable by sharing costs on a percentage basis, and it has never panned out. Ever. Sure, there have been some exceptions in some years, but that’s not okay.

What has largely been lost in the Olson & Zeckhauser article is the “greater unification” approach, probably because this is the much tougher path to take towards equitable relations. The two economists spell out what they mean by “greater unification”: replacing the alliance with a union, or federation. I’m all for this option. It would make things much more equitable and, if the Europeans simply joined the American federation, it would give hundreds of millions of people more individual freedom thanks to the compound republic the Americans have built. Edwin, along with most other European libertarians/classical liberals, acknowledges that Europe is free-riding, but are Europe’s liberals willing to cede some aspects of their country’s sovereignty in order to make the alliance more equitable? Are they ready to vote alongside Americans for an executive? Are they ready to send Senators and Representatives to Washington? Or are they just pandering to their American libertarian friends, and telling them what they want to hear so they’ll shut the hell up about being ripped off?

Nightcap

  1. Confucianism and meritocracy James Hankins, American Affairs
  2. Lots of ideological axes to grind Scott Sumner, EconLog
  3. Did the notorious Zinoviev Letter ever exist? Alan Judd, Spectator
  4. That time when Chile conquered Peru and Bolivia Stefan Aguirre Quiroga, History Today

Between anarchy and minarchism: the redistributive state

While sometimes we think of ideologies in strict terms of left and right, more frequently we look at political schemes that incorporate a statism dimension. Big government is possible for both conservatives and progressives; so, maybe, is minarchy. If minarchy is possible, and achievable, it must attain popular support less it be thwarted by revolution or contrarian voting. From this, maybe it makes sense that a minarchism utilize fundamental values from each side, in order to be pragmatic and achieve democratic (and thereby stable) ends. Here there may even be room for an ultraminarchy.

In Anarchy, State and Utopia, Robert Nozick defended a minimal state slightly more restrained than traditional classical liberalism. This minimal state arises through natural market forces from statelessness, and serves to enforce contracts and produce monopolistic law. Nozick, although countering his fellow academic Rawls, was also responding to the natural law anarchists, who criticized coercive states for violating human rights — which, in many interpretations, boil down to rights of property.

However, before arriving at the minimal, night-watchman state, Nozick articulates an ultraminimal state, i.e. a private protection agency that claims exclusionary right over the use of force for a given geographical area. It has its voluntary clients; the extension of coverage to others makes the agency a “state” as it introduces taxation.

In ASU the state is an entity formed from an invisible hand to produce heavily libertarian functions of government like protecting rights. Because of this, the minarchist state was a refuge for archist libertarians to claim as their own, relatively consistent with centuries of Western liberal thought. Accordingly, in response, the anarchists question the viability of a lasting minimal state — cue David Friedman in Machinery of Freedom:

“It took about 150 years, starting with a Bill of Rights that reserved to the states and the people all powers not explicitly delegated to the federal government, to produce a Supreme Court willing to rule that growing corn to feed to your own hogs is instate commerce and can therefore be regulated by Congress.”

Government grows; modern government grows really, really fast. Minimalism hasn’t seemed to last. So the question is, what sorts of minimal governance could last?

The traditional ultraminimal and minimal state are concerned with, as stated, traditionally libertarian public functions such as police, the judiciary, and possibly roads and maybe even national defense. The problem with these utilities is that they feel wildly inadequate to the modern American used to entitlements, welfare, or a president. The privatization of nearly all federal departments is seen as wild enough for John Oliver to entertain millions of viewers, at the blight of Gary Johnson, and make hardcore libertarianism a losing electoral program. The contemporary world is too complicated, or our enemies are too powerful, or the market is too corrupt for the reinstitution of laissez-faire in the 21st century.

Nevertheless we want a smaller government, or no government, and losing to the tide isn’t a good death; we’d rather fight, and we’d rather win. A lasting minarchism satisfies the purposes of limited governance — liberty, protection, and preserving the benefits of the market — while sufficiently completing basic democratic demands, lest it erode into statism or collapse internally. (Keep in mind that anarchism, at least this week, is not a winning platform.)

Here’s what I think lies between anarchism and minarchism: the redistributive state. We can make a couple assumptions which are likely true: (1) every public service currently offered by the state could be provided (and, maybe, could be provided better) by the market and non-coercive communities instead, and (2) the entitlement theory of distributive justice offered by Nozick is correct, i.e. holdings are just if acquired by peaceful initial acquisition, voluntary exchange or gifting, or rectification of a previous unjust acquisition. Taking these assumptions, and leveraging the fact that the American populace will not currently settle for brutalist governance, the redistributive state (RS) seeks only to collect tax revenues and redistribute money progressively.

Instead of offering vouchers, EBT, or public options like housing, schools, security and roads, a RS would only tax its citizens and reallocate revenue based on some progressive variables like income, net worth or consumption. (These details are less important, for now.) The only administration is something like an IRS, Census Bureau and investigation unit suffused together, with over ninety percent of the current staff eliminated, with tax escapees adjudicated in private courts and sent to private prisons or some other form of punishment.

An RS violates rights based on a Lockean conception; it also does something which sounds pretty socialist to right-wing circles. For this reason, though minarchist, it may not be libertarian. However, the pragmatic element is also highly utilitarian, which may interest bleeding-hearts; and, being essentially one big welfare program, it may intrigue American leftists currently eyeing universal healthcare and socialized education. We would do well to keep in mind that Friedrich Hayek and Milton Friedman were not averse to basic income either — a redistributive state keeps a UBI and abandons the active functions of the state. I think it is obvious that, in a situation where we are already giving a person $X in the form of schools, transfer payments, utilities, roads, defense, firefighters, planning, retirement funds, mail service, etc. etc., instead we should just give that person $X to spend however they see fit. If anyone disagrees, they are probably too authoritarian to consider minarchism in any scenario.

The RS has many benefits over our contemporary goverment. In the first case, the reductionist perspective of right-wing anarchists — that the state is essentially a conquer-tax-and-redistribute machine — is validated, and a lot of the mysterious machinery and bootlicking, ivory-tower political philosophy is dissolved. (And mindless political science about the Rousseauian general will collapses.) And, for the Marxists, their critique of the state as a tool of the capitalist class expires, since the state now greatly serves labor more than capital. Some of the income of the upper classes is directly allocated to the lower classes. Also, the state ceases to be paternalistic — it no longer chooses what food is available through SNAP, or issues health and safety warnings; it just straight-up hands out the money without assuming value for consumers. It doesn’t determine what is taught in schools, or what color the roads are, or what country gets bombed on Tuesday.

Perhaps best of all the RS almost completely eliminates bureaucracy. With one small administrative branch which functions like a hyper-specialized agency, there is little room or need for massive proliferation. Likely, all seats will be elected positions along with some underlings, with the marginal tax brackets pre-established constitutionally. But, that can all be figured out later.

Now, there are some obvious flaws for an RS. First of all, the very wealthy have little incentive to stay in a redistributive state. Their money is seized without visible benefit for themselves, like roads or security. They have to buy those things on their own dime. The only solution to this I can think of is that, in a society with less state involvement, community ties will be closer — the rich will want to pay their “fair share.” This is the Hoppean trust in private charity, except that it’s now “forced private” charity. Also, taxes would be much, much lower than the current situation and hopefully tolerable. The taxes are also going directly to other citizens instead of politician’s wallets, oil tycoons and potassium chloride. Furthermore, they’re paying to live in — the government still has a coercive monopoly on land — the freest nation in the world. An RS is significantly freer than the other statist regimes, and less stressful. Government plays no role at all in everyday life.

One other flaw — maybe an inherent flaw of government brightly illuminated by a raw redistributive state — is what Murray Rothbard saw as an eternal tension between net tax-payers and net tax-consumers. To the extent that the RS administration is elected, and to the extent that politicians have platforms, a lot rests on whether or not taxes will be raised/redistribution will increase or not. The left will continually be concerned with income inequality, regardless of whether or not the poor can afford sustenance. The goalposts might keep climbing. Dialectically, the very wealthy will want to keep the maximum amount of their money, regardless of my arguments above. Raw societal tensions like these require a dynamic form of governance, with fluctuations in party dominance, but the RS is too minimalist to feature such parties or other contrivances. The only hope here, I guess, is that the tension will be less than in the current system. And very likely it will be. (Also, the market will correct much of the gratuitous wealth diparity.)

In conclusion, a redistributive state would be baldly organized around theft (in a libertarian interpretation) and using people as means rather than ends. To that extent it is hardly libertarian. It achieves Nozick’s end of minimal government but distorts the typical functions we correlate with small government. Still, it’s ultraminarchical, preserves innovation, balances right-wing virtues like liberty and industry and left-wing virtues like equality and positive freedom, and, for a radical populace not quite keen on revolution, politically viable. It serves welfarist functions demanded by 21st century citizens without the authoritarian, corporatist monster of the present. Also, no one starves. For all of this, even if a redistributive state is not perfection incarnate, it seems far better than the current system, and provides such a culturally-celibate political framework to possibly achieve acceptance in totally disparate societies from the United States. I don’t advocate a redistributive state quite yet, but I think it’s a useful, radical place to look for bipartisan solutions to a complicated and overwhelmingly statist world.

I’m pretty sure I’m the first one to suggest a state organized singularly around redistribution of citizen wealth, either because it’s too stupid or it’s too grossly unattractive, so I welcome all feedback. But, if voluntarist institutions are possible at all, this implies all the state is is a redistributor anyway. The idea of an RS just accepts this conclusion and makes it efficient. Keep in mind I haven’t elaborated on the many complications of UBI, which is an entire field to articulate more extensively. For now the only question is would it work.

Defending Political Liberty in an Administered World

This is a very rough work in progress continuing on from my recent post on ‘Law, Judgement, Republicanism’.

The problems with a free and open political and judicial culture were diagnosed by Max Weber in his discussion of bureaucracy, which itself draws directly and indirectly on various accounts of the problems of bureaucratisation and administration of the social world (which itself began in the 18th century, at least in terms of explicit discussion  of bureaucracy). Wilhelm von Humboldt’s comments on bureaucracy in Limits of State Action is, as far as I can see, the first clear instance. Before that, the closest precedents are, I believe, in comments on the rigidity of Roman law in Montesquieu, which may have been at least in part against the laws and legal institutions of France in his own time.

Bureaucratisation and an administered world can themselves be seen as resting on the necessity of an integrated, hierarchical, rigid, and institutionalised legal system of a ‘Roman’ model, which is true even when thinking of ‘common law’ jurisdiction in England and its off-shoots (England, not Britain, because Scotland has its own more Roman system, and differences between English and Scottish legal institutions survived political union). This process, described in various ways by Weber, Schmitt and Foucault, Austrian school liberals and Frankfurt School Marxists, also rested on the simultaneous formation of commercial society and national economy described by Arendt. Arendt’s account is particularly enriched by comparison with Foucault on the emergence of the art of government. 

The consequences of these legal, administrative, governmental, and economic processes  is that the political sphere is deprived of content as a means for addressing the community as a community of judging, reflective individuals. Politics becomes competition for control of administration and the distribution of economic benefits that come with with this control. The political world is influenced by a drive to the kind of homogenisation favoured by the world of administration and positive law, which turns into struggles about identity and ‘political correctness’. That is, the struggle to define the dominant identity, with claims to a pluralist position still governed by the wish to establish the dominating identity as more tolerant (which can happen in a ‘progressive’ manner), as in a community seen as a community of communities or a ‘conservative’ manner, where there are distinct communities tied to nations or possibly non-interacting historical communities within nations. 

Arendt suggests a perspective aristocratic contest in politics taken from Greek antiquity, particularly Athens, as the antidote to the above. Foucault also has a perspective taken from Greek antiquity, of care of the self, which can also be understood as aesthetic techne, in which our capacity for self-affection is developed in self-creation and recreation, though not as a purely aesthetic play. Machiavelli was in some respects the advocate of the modern integrated state, of sovereignty concentrated in an individual who integrates society through the power of his political skill and creation of a dominating rhetoric or symbolism. In Machiavelli, though, we can also see much that comes from Ancient republicanism filtered through the republicanism of the late medieval city states of northern Italy.

There is not just the remnants of ancient republicanism but its transformation in a world where the state is increasingly invested in territorial control, distinct from the personalised nature of the state as understood before (either in the person of the monarch or the persons making up a republic). The ‘cynicism’ of Machiavelli has its starting point in Aristotle’s Rhetoric, where reason is applied to speech in public places, particularly the courts of law and the political assembly. Though Aristotle distinguishes between the rhetoric of courts and assemblies, he does show a commitment to the idea that they belong to a common world of persuasive speech. Rhetoric appeals to the less deductive parts of human judgement, even the parts of human judgement which come from immediate emotional reactions, but never just that.

The prince who is human and animal, moral and self interested, is also the strong lion and the cunning fox, within his animal self. There is a sense of the total possibility: symbolism and self invention of individuals engaged in the political world. The judicial connection with politics and the social world for whom law is in some sense dead, an accumulated wisdom from the ancients now codified and open to commentary, but not part of political life except in the administrative and governmental roles that Machiavelli himself had for a while on the basis of his legal training, mingled with humanistic (Latinate and literary) education.

Even so, we can see some ideas lingering in Machiavelli of the importance of law in political life, so that it is the ‘parlements’, partly independent and locally representative law courts, of France which gives its monarchy some of the liberty of a republic. In The Prince it is the case that the energy of the people defending its state and its liberties, where they have some history, outweighs the power of the princely ruler, so that classical Polybian republicanism of the Discourses is never completely absent from The Prince.

Most significantly, Machiavelli leaves a legacy which can be seen behind the 20th century attempts to find an alternative to an administered social world. There is the charismatic leader in Weber, the agonistic aspects of politics in Arendt, and the ethics of self-creation and transformation of the self in Foucault. The charismatic leader in Weber should not be understood as a dictator or a person above politics, but as the way in which legally and formally constrained politics can still engage with the social world and the free judgements of individuals. The agonistic politics in Arendt is not just nostalgia for Athens, but an account of what it is to have individual goals and public awareness in a political community. Ethics in Foucault is not just self-creation out of nothing or a non-political playfulness, it is about how we can have free judgement in politics and law. The glory the prince seeks in Machiavelli, and by the citizens of a republic, is a way of seeing that politics combines autonomy and prestige as driving forces in a historically located and contingent political community. Machiavelli anticipates the ways that Arendt understands political freedom to be related to a Homeric culture of seeking fame in public life.