Mea Culpa: Israel and Palestine

So, I let myself be captured by Irfan’s cultured, bright, well-spoken, and fact-studded critique. He is right, on the main. My short essay is loose on many facts. I did not know what I did not know. And where it’s not completely wrong, it’s often sloppy. So, for example, I shouldn’t have said that Jews were not allowed on the mosque’s esplanade. I should have said (and the damned thing is that I knew it) that they were not allowed to pray there – but then, what if a Jew takes a walk on the esplanade and prays inside his head, and what if, unbeknownst to him, his lips move a little? As they say in French: “Irfan m’a mené en bateau.” At any rate, I will simply confess that nearly all my facts are wrong so I can recover my purpose, at last. Don’t worry, I won’t take much of your time. Here are a handful of real real facts and their obvious implications:

  • Palestinian Muslims (or a single one) assassinated two Israeli police officers a few weeks ago on the mosques esplanade or near it.
  • The assassin or assassins used a gun or guns.
  • Israeli authorities – that exercise de facto control over the area- responded by setting up metal detectors on entrances to the mosque’s esplanade.
  • Metal detectors are useful to alert to the presence of most firearms and of some bombs.
  • Palestinian Muslims protested this measure in several ways, including with riots.
  • The people whose safety could have been improved by the existence of the metal detectors were both Israeli security forces in the area and the great many Palestinian Muslims who constitute the bulk of the visitors to the same area.
  • Thus, Palestinian Muslims protested -including with rioting – security measures that were likely to benefit them most (in terms of numbers).*

That is collective irrationality.

I suppose that Irfan, or another subtle defender of irrationality, will argue that the installation of metal detectors at those sites is another step in Palestinians’ loss of sovereignty over the Holy Places, and thus the violent reaction. Sure thing! This defense implies that Palestinian Muslims have to be ready to be assassinated by other Palestinian Muslims in order to enforce a shred of Palestinian Muslim sovereignty over that small area.

That is insane.

*I ignore, of course, the idiotic view that Muslim terrorists could not possibly kill other Muslims at a sacred site of Islam. Muslims have been killing tens of thousands of Muslims, specifically, for the past twenty years. Some terrorists, who called themselves Muslims, chose to engage precisely in mass killing at Muslim religious sites such as mosques. And then, there are Jewish terrorists, and even the occasional dangerous illuminated Christian.

From the Comments: Israel and Palestine

Irfan and Jacques are going the rounds on Israel and Palestine (Canaan?). The dialogue, so far, is excellent. Jacques started things off and Dr Khawaja responded with this fine piece of pop-ethnography:

I just spent three weeks in Jerusalem, about a hundred yards from the scene of the action Jacques describes in this post, and spent hours observing the events Jacques describes (and many he doesn’t describe) at first hand. I described this post on Facebook as “factually challenged,” and promised to set it straight. So here I am. (A different version of this comment included about a dozen links substantiating my claims, but the post didn’t go through that way, so I’ll send the links separately.)

I had originally wanted to divide my post into two sections, first laying lay out the number of sheer inaccuracies Jacques has crammed into this post, and then identifying what I would call handwaving claims–large claims made without substantiation, or misleading claims made without clarification. It turns out to be impossible to do this, because Jacques has managed to combine inaccuracy with handwaving in a way that makes it impossible to disentangle the two. In any case, my claim is that when we add the sheer inaccuracies to the handwaving in his post, a rational reader would conclude that the post tells us nothing of value about recent events in Jerusalem.

1. Jacques tells us that there were violent riots in Jerusalem. Correct. He doesn’t mention that despite the outbreaks of violence, the demonstrations were largely peaceful. Nor does he venture to tell us who started the violence, or under what circumstances. The word “riot” seems to imply a series of violent disturbances caused or initiated by rioters, but alas, one word can’t stand in for real-world observation of what actually happened. Nothing in Jacques’s account settles the crucial issue: who started the violence?

I have read almost all of the press coverage on recent events in Jerusalem, and saw the events themselves up close–at a few yards’ distance, for hours, in real time. I can’t easily summarize what I saw. There were at least four different demonstrations taking place simultaneously, within a few “blocks” of each other, and different things happened at different places at different times. On some occasions, I saw Israeli police officers either initiating or provoking violence. In other cases, Palestinians did so. There are also questions worth asking about what counts as an initiation of force under these circumstances. Typically, pointing a gun at someone without cause is regarded as a form of assault. But Israeli police officers and soldiers do this all the time. An Israeli border police officer played chicken with me with her M-16 for no reason other than her amusement. If I’d been armed and shot her, would my shooting have been an initiation or a retaliation? Nothing in Jacques’s account settles or even deals with this, but one can’t understand events in Jerusalem without settling issues like this.

Suffice it to say that the press coverage of relevant events, especially the American press coverage, was either non-existent or extremely defective. It is very easy to claim that what took place in Jerusalem consisted of riots if all you do is wait for violence to break out, film it, and then declare that “the event” you just covered was a “riot.” It doesn’t follow, and isn’t true, that that’s what really happened. And I can assert, categorically, that it wasn’t. In short, there is a lot more to the story than “riots.” For a starters, there were all those events that took place when no one was rioting.

(I’ve discussed some of the micro-level issues involved here on Facebook, some on public and some on private settings.)

2. Jacques tells us that “all of Jerusalem” is under Israeli control. He doesn’t mention that “Jerusalem” is a moving and expanding target that lacks an eastern boundary, as does the “Israeli control” he mentions. He also neglects to mention that the phrase “under Israeli control” is an equivocal claim: Shuafat refugee camp is technically within the jurisdiction of Jerusalem, but it is run by the UNRWA; it is not de facto governed by the Jerusalem Municipality or by Israel. Something similar is true of the “Haram Sharif” complex that is the subject of Jacques’ post: it is technically within the boundaries of the Jerusalem municipality, but (as Jacques himself admits) it is managed or administered by the waqf under the auspices of the Jordanian government. Oddly, having told us that “all of Jerusalem” is under Israeli control, and then noting himself that Haram Sharif (in Jerusalem) is administered by Jordan, Jacques fails to draw the obvious inference: sovereignty over Jerusalem is contested, not settled. Israel claims sovereignty over “it,” as do the Palestinians, but claiming sovereignty and having sovereignty are two different things. (Many people have asserted sovereignty over Texas, but it doesn’t follow that their say-so resolves the issue.) I put the word “it” in scare quotes because in calling “it” the “Temple Mount,” Jacques manages to confuse a further set of issues that I’ll discuss below (in [4]).

3. Jacques: “In addition, most Palestinians from the adjacent West Bank are allowed to visit on a controlled basis, for religious purposes only.”

Two problems here. First, does Jacques mean to say that most Palestinians are in fact allowed into Jerusalem? This would imply that 51% or more of West Bank Palestinians are permitted into Jerusalem. I’d like to see a source for that claim. There are roughly 2.5 million Palestinians in the West Bank. Jacques’s “most Palestinians” claim implies that something like 1.25 million West Bank Palestinians have entry permits for Jerusalem, which strikes me as implausible in the extreme. It’s unclear how many permits are in fact given, but the usual figure is in the thousands. Not a representative sample, but: I know a few dozen Palestinian West Bankers; only one of them has an entry permit for Jerusalem. The rest are consigned to remain indefinitely in the West Bank.

In any case, permits are not given “for religious purposes only.” Permits are given for entry into Jerusalem/Israel, full stop. They’re checked at checkpoints into Jerusalem, but not thereafter, and what is checked is simply whether you have a permit or not, and whether you’re carrying contraband or not (unless a given soldier decides to initiate his own “investigation,” which sometimes happens). Once past the checkpoint, there is no mechanism in place to determine whether someone entering Jerusalem is doing so to pray at Al Aqsa or to score chicks on the beaches of Jaffa (or both). Further, permits are given for a variety of reasons, including medical care, family unification, and work. But they are given far more stingily than Jacques’s description would imply.

I raise both points (one favorable to the Palestinians, the other to the Israelis) to raise questions about the sources of Jacques’ information on the subject. His description of facts on the ground is unrecognizable to anyone who’s actually had to deal with those facts, as I have.

4. Jacques: “At the center of the preoccupations of the three monotheistic religions is a place called the Temple Mount.”

This paragraph of Jacques’ repeats the conventional wisdom on the subject, at least in the United States. Unfortunately, the conventional wisdom reflects total ignorance of even basic facts of geography, which is hard to convey to those who haven’t been to the place in question.

Let’s start from scratch. The contested location is a big rectangle located in the Old City of Jerusalem. The western end of the rectangle contains what Jews call the Western Wall and its plaza. The eastern part of the rectangle contains a large complex housing the Dome of the Rock, Al Aqsa mosque, a few auxiliary religious facilities, and a large plaza connecting them. Parts of the rectangle are declared off-limits to civilians by the Israeli authorities.

Jews refer to the *whole* rectangle, including the Muslim shrines, as the “Temple Mount” and claim it (all of it) for their own. Particularly hard core Zionists want to expropriate the Muslims altogether, claim the whole site for their own, destroy the Muslim shrines on it, build a temple on their ruins, and exclude Muslims from entering. Such people have grown increasingly powerful over the years.

Muslims refer to the *eastern part* of the rectangle as “Haram Sharif,” or the Noble Sanctuary, and claim it, in its entirety, for Islam. Hard core Muslims want to exclude Jews from this area altogether.

It is worth noting, however, that not even hard core fundamentalist Muslims wish to expropriate Jews of the Western Wall, much less build a mosque there, despite the fact that the Western Wall Plaza was built on the ruins of the so-called Mughrabi neighborhood–an Arab neighborhood expropriated and destroyed after Israel’s conquest of East Jerusalem in 1967.

It is also worth noting that though Israel divides the Old City into quarters, including the Jewish and Muslim Quarters, it permits Jewish settlement of the Muslim Quarter, but not the reverse. The “Jewish Quarter” is conveniently defined to include the Western Wall–though its plaza was built on a Muslim neighborhood, and you have to pass through Muslim neighborhoods to reach it–but no mosque within the Jewish Quarter is permitted to operate at all. Nor has “the Muslim Quarter” been re-defined to include the mosques that happen to lie in the “Jewish Quarter.”Indeed, a passerby would have no idea that these mosques are in fact mosques at all: they’re shut down and deliberately being left to fall into decay. The same is true of mosques in Jerusalem but in neighborhoods where Muslim entry would be deemed undesirable, e.g., the mosque of Mary in Ein Kerem.

Finally, Jacques’s claim that Jews are forbidden to enter Haram Sharif, whether on rabbinical or secular grounds, is laughably preposterous: they do it all the time, and are encouraged to. Indeed, the Israeli settler group Ateret Cohanim advertises tours that it conducts into Haram Sharif.

Of all of the claims Jacques makes in this post, this last one suggests (with all due respect) that he has no idea what he’s talking about. The whole controversy over the “Temple Mount” arises precisely because Jews ARE allowed into the mosque complex (and take advantage of that right), and Muslims suspect their intentions in doing so. Contrary to what one reads in the American press, these suspicions have a credible basis. Muslims suspect Jewish intentions in Jerusalem because of the example of Jewish settlement activity in Hebron, where apparently innocuous Jewish entry into a religious shrine led, gradually, to the wholesale expropriation and depopulation of the Palestinian neighborhoods of the Old City. Today, Hebron is (for Palestinians) partly an open-air prison and partly a ghost town. The case of Hebron H2 zone has been amply documented. Jacques follows American convention in ignoring this documentation, and proceeding to talk about Jerusalem as though the two things had nothing to do with each other. Jacques also wonders out loud why Muslims would take issue with what he regards as ordinary security measures.

Even setting aside what “ordinary security measures” have done in Hebron (or Nablus, Qalqilya, Tulkarem, Silwan, or Issawiya), he assumes that the measures would be deployed in good faith. No one who has actually dealt with Israeli police officers or soldiers would believe this. It may not occur to Jacques, but occurs to them, that security measures can be abused so as to treat the people covered by them as playthings. Jacques’s post shows literally zero awareness of a fact known to just about anyone who has dealt with Israeli security: most border police officers and soldiers are bored, immature, and heavily armed but lightly supervised children between the ages of 18-28 who will do just about anything to relieve their boredom–up to and including murder, battery, and torture. The Israelis may talk up a propaganda storm about their security needs, but once one sees what these “needs” look like on the ground, one’s sympathy for them begins to evaporate.

Further, Muslims and Jews do not “pray within a stone’s throw of each other,” whether literally or metaphorically. Though adjacent to the mosque complex, the Western Wall is separated from it by huge stone walls. Entry into the Western Wall plaza is entirely separate from entry into the mosque complex. Informally (the place is heavily policed, and the police often make their own rules), Arabs are discouraged from entering the plaza, and seldom do. Muslims and Jews only come into contact when Jews enter the mosque area, or when Jews walk (or march) through Muslim neighborhoods en route to the Kotel. I have never seen or even heard of a case in which Muslims entered the Western Wall plaza en masse in the way that Jews enter Haram Sharif. Indeed, doing so would be almost physically impossible. (Put it this way: Muslims would have to be very, very determined to do it.)

Contrary to Jacques’s assertion, Christians do visit both the Western Wall Plaza and the mosques. That they visit the Western Wall should be obvious. If you want a pleasant confirmation of Christians visiting the mosques, I’d suggest searching “Visit Al Aqsa Mosque with Me!” on You Tube. You’ll be taken on a delightful tour of the area with a perky Christian Palestinian woman named Maha who can also teach you how to make hummus or say “Merry Christmas” in Arabic. (Her Old City tour also goes to the Western Wall.)

I wonder whether Jacques has gotten his information from the Wikipedia entry on “Temple Mount Entry Restrictions.” Much of what he says dutifully parrots what is said there. That was a mistake, to put it mildly. Wikipedia is often useful, but not here.

5. Jacques mentions the shooting of July 14, and then mentions Israel’s security measures, wondering why they should be thought so controversial. I have a challenge for him. The shooting of July 14 took place outside of the Temple Mount/Al Aqsa complex, not within it. The attackers came from a neighborhood of Um al Fahm, a city about an hour or so to the north of Jerusalem. As should be self-evident, in order to bring weapons near the Temple Mount complex (which is in the Old City), these attackers had to bring those weapons into the Old City itself. The Old City is a walled structure that can only be entered by a series of gates (seven of them). The gates are easily identifiable, easily guarded, and it’s easily possible to put metal detectors in front of each of them.

If security were the paramount consideration Jacques takes it to be, why didn’t the Israeli authorities install the metal detectors at each of the gates of the Old City? Doing so would have prevented the July 14 attack, and would prevent any similar attack. But installing them in front of Al Aqsa would not have prevented the attackers from bringing weapons into the Old City and shooting someone outside of Al Aqsa, correct? Which is exactly what they did. Why then install security measures in front of Al Aqsa rather than at the entrance to the Old City itself? A common sense question for a person who claims to possess it.

6. While I’m posing questions about “common sense” security measures, here is another. After the July 14 shooting, and in advance of any rioting, the Israeli authorities shut down whole neighborhoods of East Jerusalem–something they do as a matter of course in Jerusalemite neighborhoods like Issawiya, and as a matter of course in the West Bank. I got to see these closures in a tediously microscopic way, and could probably write a couple of thousand words on them alone. But just to make things clear: large swatches of Jerusalem as well as the West Bank are under a semi-permanent state of lockdown, a lockdown imposed by the Israelis on its Palestinian population.

Now, remarkable as this information may be, shootings take place in the United States just as they do in Israel. Indeed, on average, a shooting takes place just about every other day in my county, often just a mile or two from where I live. Yet, no one regards it as legitimate to close down whole neighborhoods over any given shooting, or to institute curfews over them–and to do so simply on the basis of the ethnicity of the presumed shooter. To put the matter as simply as I can: a black person may well shoot and kill someone in a nearby neighborhood in north Jersey, but that doesn’t imply that every black neighborhood in the vicinity of the shooting will be locked down and put under curfew as a result. But that is what routinely happens in Arab Jerusalem, and what Jacques appears to be defending as a matter of “common sense.”

Is it, really? If so, why not try it right here in the States? If we did, would it be any surprise that the people locked down might eventually fight back? Would they be wrong to? The undiscussed issue here is what the police can permissibly do, on ethnic grounds, in the name of collective punishment of what it regards as an unruly population. Suffice it to say that it’s not obvious that collective punishment is a legitimate mode of law enforcement.

Jacques refers to Israel as a “garrison state,” treating its Jewish population as the besieged. The claim is utterly preposterous. Israeli Jews not only aren’t besieged in Israel, but generally don’t feel besieged. Spend some time in the streets of Haifa, Tel Aviv, or Jerusalem and ask yourself whether the people around you are operating with a siege mentality. What Jacques seems not to have grasped is that it is not Israeli Jews who are garrisoned by Israel, but its Palestinian Arab population.

A “garrison” is a body of troops stationed to defend a piece of territory. Typically, a garrison defends an “inside” against outsiders. But in this case, the garrison consists of Israeli troops treating insiders as though they were outsiders–and then complaining about the result. Well, that’s the price of creating a sectarian state in a place where a significant part of the population doesn’t belong to your sect. The more I visit Israel, the more I see of Israel; the more I see of it, the less sympathy I have for Israelis and their supporters. And, I might add, the less patience I have for Americans who defend Israel from afar without knowing what things look like on the ground.


the views he expresses on Jerusalem are well within the boundaries of conventional, mainstream American opinion, which is why I took the time to respond to them. Most American defenders of Israel believe most of the things Jacques asserts, and many would go much farther than he has. American discourse on Israel is just wildly skewed, and French as he may be, Jacques’ views are just an instance of that all-American phenomenon.

More here, including links.

In general I am inclined to side, if I must, with Irfan’s argument, but Jacques, as usual, presents a case, in the threads, that can not so easily be dismissed or debunked:

The fact that, in this case, two Palestinians (with Israeli citizenship) tried to assassinate members of Israeli forces counts for nothing, explains nothing [in Irfan’s argument]. Palestinians live under military occupation, have for the longest time. I am sure it’s really unpleasant. It should stop. Stopping it, of course, requires negotiations between rational, motivated people.

Here’s a bunch of stuff at NOL on rationality (or rather, irrationality). And here is Barry’s long, somewhat famous, essay on Israel, Palestine, and rational debate.

Illegal Immigration: Pres. Trump’s New Measures

I can’t wait for the raging assaults by the pseudo-cultural elite and by the media against Pres. Trump to stop to begin criticizing some of his decisions, as I would with any other president.

I have heard and read reports that the president intends to launch a policy of accelerated repatriation of illegal aliens. It will single out criminals for priority deportation (as was the case under Mr Obama). At this point, almost everybody agrees about getting rid of illegal aliens who are real criminals, especially the violent ones. Again, the new policy sounds a lot like Mr Obama’s, with a few details different. The details often matter when it comes to human lives, also when it comes to traditions of government. Here are two such details.

First, I have heard that even traffic tickets qualify an illegal alien for quick deportation. Make a wrong u-turn and your life gets broken up.

Second, I have heard and read that even being merely charged with a crime places you at the head of the line for deportation. Someone who looks like you steals a car. You get charged by mistake. You are gone.

The first detail seems awfully rough to me. I would feel better if the word “recidivist” were included. A person who breaks driving rules repeatedly is a trouble-maker we can do without. A guy who is too distracted to interpret the U-turn sign (could be me – once) is not exactly a criminal in the real sense of the word.

It’s true that such extreme severity would improve the driving of all illegal aliens. The claim is probably also correct however that it would interfere with aliens’ (legal and not) willingness to cooperate with the local police. Aside from this, I would bet it would involve significant law enforcement costs just to process traffic tickets through to the Immigration Service. I am a conservative, I am against big government, even against big government at the local level. I don’t want tax money, federal, state, or local, to be wasted processing a U-turn violator. It seems irrational to me.

The second, detail concerns the treatment of people only charged with a crime. It’s simple. I just don’t want any of them to be included in the priority list. Having any branch of government treating the accused as guilty simply goes too strongly against everything I believe. It’s un-American.

Yes, I have not forgotten that the subjects have no right to be in the country in the first place. I don’t care. It’s not about illegal aliens’ rights. Immigrants, legal or not, have no rights as a category as far as I am concerned. They only possess the ordinary human rights of anyone under American jurisdiction.

It’s about a slippery slope for all. If we begin officially thinning out the traditional wall between “charged” and “guilty,” where are we going to stop?

I understand that a lawyer would argue that the person is technically not being deported for the imaginary crime of being charged but because he has no right to be in the country, period. Do you know the one about the lawyer….

Liberals and Conservatives should stop talking about guns

I’ve come across some great journalism on guns and gun control recently. Here’s the key points:

  • Most gun deaths are suicides. Many of these suicides would have happened were a gun not available, but many of them wouldn’t have.
  • Most gun homicides mostly affect young black men.
  • More guns does not equal less crime.
  • Gun accidents affect very few people.
  • Cost-benefit analysis would likely suggest improving safety other places would save more lives, given limited budgets. (e.g. changing attitudes on vaccinations)

A basic theme seems to be that government can do little on the margin to reduce gun deaths. Crime rates are uncorrelated with number of guns, or regulations in place. Upright citizens do not turn into Rambo when they see dastardly criminals mug little old ladies. Guns are actually sort of boring in practice.

It’s possible that the government could affect gun deaths with a comprehensive gun control policy backed by public opinion (the Australian option). But it would likely cost so much that you’d lose the budget and/or political capital to enact other reforms that would be less controversial and save more lives.

We don’t torture people in America, Todd. That’s called one of the amendments.

What about the second amendment? The real argument for the second amendment is that having armed Americans around is pretty practical in general, but also important to prevent tyranny. In practice, guns aren’t half as practical, in terms of personal or national defense as back then. The capability of America’s military is so extraordinary that American’s don’t stand a chance of fighting a corrupt American government.

Let’s acknowledge that the Bill of Rights, though surely important, is ultimately a piece of paper that is neither sacrosanct nor a practical guarantee of anything in particular. The founders were brilliant, but fallible. The constitution is frequently ignored by governments, and citizens often do little to discipline such governments. Second amendment advocacy is mostly a symbolic gesture that probably comes at the expense of using political capital to protect the fourth amendment (the one that should protect you when the government decides to take your guns, cold dead fingers or no).


There are weak arguments to made in favor of gun control and weak arguments to be made in favor of protecting the second amendment. But mostly this whole debate seems like a distraction from more important issues. Symbolically valuable? Sure, but at what cost? The cost is the political will to make a bigger difference somewhere else. There are more valuable freedoms to protect, better interventions to pursue, and more lives to be saved.

The Libertarian Case for Immigration Restriction

I read Mr. Woodman’s recent post with some interest since it is generally considered a truism that libertarians are not in favor of government interference, and immigration restrictions being a prime example of said interference, are, ergo, not in favor of that as well.

What I found strange was that the most prominent libertarian advocate for immigration restrictions, Hans-Hermann Hoppe, was not mentioned. This is a particularly grave omission. Hoppe is the foremost critic of the libertarian dogma of freedom of movement, and his arguments possess the most influence. He also pivots many of his arguments around a concern that Mr. Woodman has omitted: tribalism.

In his article on Lew Rockwell, On Free Immigration and Forced Integration, Hoppe writes:

To libertarians of the Austrian school, it should be clear that what constitutes “wealth” and “well-being” is subjective. Material wealth is not the only thing that counts. Thus, even if real incomes rise due to immigration, it does not follow that immigration must be considered “good,” for one might prefer lower living standards and a greater distance to other people over higher living standards and a smaller distance to others.

The argument against immigration is fundamentally one of tribalism, though it is cloaked in economic rationalizations. Thus it is tribalism that must be reckoned with if Mr. Woodman desires to dismiss the arguments against immigration restrictions root and branch. That Mr. Woodman has not done so is regrettable, and it is an error I will attempt to address here.

Despite what I consider an omission, Mr. Woodman extensively, and mostly admirably, interrogates several consequentialist arguments “many libertarians” – presumably, he writes of those interlocutors he himself has sparred with – have made in favor of immigration restrictions. I will summarize them below.

I. Immigration Has Bad Consequences

Mr. Woodward summarizes the consequentialist argument against immigration thusly:

  1. Bad effect x will happen if we allow open borders.
  2. Therefore, the government is justified in restricting immigration.

However, if this logic is sound, then it gives the government carte blanche to use whatever force it wants to restrict anyone from doing anything, assuming it can prove that it causes a harm. Mr. Woodward writes:

For an example, as long as we have government-provided Medicare programs, allowing people to eat unhealthy foods or smoke will increase the cost of those welfare programs; following the logic of the argument above, the government would be justified in implementing paternalist policies that restrict people’s right to consume what they want to reduce the burden of the welfare state. People with lower incomes are more likely to use welfare programs as well, so the government is justified in reducing their population size by restricting their right to reproduce through forced sterilization.

Via reductio, this leads to a situation where force can be used arbitrarily and nefariously, which libertarians and likely most people of any political persuasion would find unsavory. Therefore, the argument in favor of government restricting immigration to avoid bad effect X is both morally untenable and inconsistent with libertarian doctrine.

II. Things Fall Apart

There are several weaknesses in this argument, the first being the contention that immigration restrictions are a restriction of an individual’s fundamental rights. As Mr. Woodman writes:

To be clear: immigration restrictions are a form of government intrusion into an individual’s freedom of movement. It is the government using its monopoly on force to restrict someone from doing something they’d otherwise be able to do, that is move across an arbitrary line we call a “border.”

Hoppe would argue that borders are anything but arbitrary lines demarcating abstract entities on a map. Rather, they reflect the outermost holdings of a nation, which claims ownership of the land, and has sole use and rights to it. In the aforementioned article, Hoppe writes:

in order to render the… argument applicable, it is – implicitly – assumed that the territory in question is unowned, and that the immigrants enter virgin territory (open frontier).

Yet, very little territory these days is virginal, and the examples can be counted on one hand. In Hoppe’s example of an anarcho-capitalist society, all land is privately owned, and so freedom of movement becomes absurd. How could one individual have the untrammeled ability to traverse another person’s property? The only proper relation is one of mutual freedom of association – one property owner may decide to hang out with, say, Mexicans, while another would not. Freedom of movement becomes dependent on individual consent, which in turn (using the historical example of the monarchy) is based on calculated self-interest. This leads to another possibility: all property owners could willingly confederate and decide they will not associate with Mexicans or some other group, and freedom of movement to that group, such as it was, ceases to exist. Thus, freedom of movement as a human right is absurd in an anarcho-capitalist society because there is no freedom to traverse the unowned land.

More importantly, it is absurd in any other society as well, all of which are predicated on some form of ownership. In a monarchy, the king owns all the land, and in a democracy, an association of elected bureaucrats holds sovereignty over all land in the name of an abstract entity, the public, to whom it is avowedly beholden. In a monarchy, the sovereign wishes to enrich his own holdings and so will adopt an immigration policy that, according to Hoppe, would resemble most individual approaches to free association – acquire high-quality immigrants and offload low-quality citizens. In a democracy, the sovereign association of bureaucrats would seek to enrich itself (because it has temporary custodianship of the monopoly on taxation, rather than outright ownership), often at the expense of the existing citizenry, by allowing the immigration of any individual likely to enrich him – quality notwithstanding (Quote: “In fact, such negative externalities – unproductive parasites, bums, and criminals – are likely to be his most reliable supporters.”). Immigration thus becomes, in a democracy such as our own, a system of forced integration – the negation of the rights of some for the prerogative of others. This is Hoppe’s crucial point and the source of his opposition to opening immigration to all comers without prejudice. Here is the relevant passage:

Like a king, a democratic ruler will promote spatial over-integration by over-producing the “public good” of roads. However, for a democratic ruler, unlike a king, it will not be sufficient that everyone can move next door to anyone else on government roads. Concerned about his current income and power rather than capital values and constrained by egalitarian sentiments, a democratic ruler will tend to go even further. Through non-discrimination laws – one cannot discriminate against Germans, Jews, Blacks, Catholics, Hindus, homosexuals, etc. – the government will want to open even the physical access and entrance to everyone’s property to everyone else. Thus, it is hardly surprising that the so-called “Civil Rights” legislation in the United States, which outlawed domestic discrimination on the basis of color, race, national origin, religion, gender, age, sexual orientation, disability, etc., and which thereby actually mandated forced integration, coincided with the adoption of a non-discriminatory immigration policy; i.e., mandated inter-national desegregagtion (forced integration).

Even if Mr. Woodman rejects the validity of this argument, there is another weakness to his own: it assumes there is an equivalency between immigration and any other government policy, such as Medicare or eugenics. Without such an equivalency, Mr. Woodman’s appeal to the faulty logic of his interlocutors’ argument falls apart, as his own argument no longer possesses the balance between its two examples it relies upon for its logical and persuasive force. Here’s the problem: Medicare or eugenics are internal policies that affect the ingroup, the citizenry, only. Immigration is an external policy that affects both an outgroup, the immigrants, and the ingroup, the citizenry. Because immigration arguments look both inwards towards domestic concerns and outwards towards foreign ones, Mr. Woodman’s reductio is no longer applicable. (An important caveat: This comes with the assumption that any second-order effects spilling outside the country, such as, say, a global market distortion due to government programs for public healthcare in the United States, are not to be counted.)


Let’s examine that a minute.

When the members of an ingroup debate the merits of eugenics or Medicare, they debate how these policies will affect themselves – alone – well or poorly. They are also, implicitly, debating whether the imposition of government coercion via taxation or force on themselves will lead to the salutary result they desire.

When they debate over whether to admit immigrants from an outgroup, their debate hinges on whether the assumed future behavior of the members of that outgroup will affect them well or poorly. They are also, implicitly, debating whether the imposition of government coercion via force on others will lead to the salutary result they desire.

In both cases, the policy that wins does so based on the opinion of the ingroup as to its efficacy for whatever definition of welfare they have set for themselves. As welfare is a subjective term and does not only include economic goods, this ultimately reduces to this: welfare is whatever the people want it to be.

The ingroup can then argue, with complete logical consistency, that it both supports freedom (for itself, within the borders of its territory) and does not support it (for the outgroup, which is outside its territory and wants to come in). The reductio-into-slippery-slope that Mr. Woodman would like us to believe force inherently leads into is, in this case, fallacious. Force can certainly be directed outwards without being directed inwards. One could make an argument that acceding to a government imposition of force in one area is itself a slippery slope to force everywhere, but that is a different argument, and not the one being made.

III. Conclusions

To summarize the lines of argument thus far:

  1. Freedom of movement is a fallacy predicated on incorrect notions of land ownership. Movement from one sovereign territory to another is instead privilege of movement.
  2. Within a publicly held system such as our own, privilege of movement is dependent on the consent of the government which holds lands in the name of its citizens, its own ingroup.
  3. However, because the government seeks to enrich itself – often at the expense of its avowed ingroup – it will often pursue immigration policies that are detrimental to the ingroup, who are in turned forced to bear the burdens of the policy that enriches their overlords.
  4. The end result of democratic “free” immigration is forced integration, a betrayal of libertarian principles.
  5. Various logical points.

Mr. Woodman challenges libertarians to “justify some argument for why it [government] can restrict the rights of non-citizens but not citizens.” It should be clear that this is a non-sequitur: non-citizens do not have rights to the sovereign territory of a country, which is held either by private citizens or the public. The government does not restrict their rights when it refuses to grant them the privilege of traversing land that is publicly held for the ingroup because they had no rights to that land to begin with. Because the government is nominally beholden to the ingroup, and not to any outgroup, rights discourse concerning the outgroup is fundamentally absurd when considered in terms of Hoppe’s arguments.

While Mr. Woodman has provided examples of policies restrictive of immigration being or becoming harmful economically, that does not negate the truth that a harmful economic policy may also come bundled with a salutary domestic policy. The citizenry, who do not want to associate with X group, have had their biases enshrined in law according to their desires.

Despite the centrality of tribalism in immigration, it is understandable why Mr. Woodman failed to attack the root of anti-immigration arguments. As we can observe in the current American election cycle, arguments against immigration generally take a utilitarian strain. Indeed, Donald Trump has based his opposition to immigration on the following issues:

  1. Immigrants are increasing the level of crime because many of them are criminals
  2. Immigrants are not adequately screened, leading to point one
  3. Immigrants are harming the economy

As stated by Mr. Woodman, there are clear arguments to be made against these points. However, he has failed to address why these arguments are convincing: tribalism, the doctrine of sticking with one’s kith and kin at the expense of others, is the root ideology. And there are clear – and libertarian! – arguments in favor of it.

I expect, and welcome, a hearty critique of Hoppes’s position, my articulation of it, and my response to Mr. Woodman’s article.

BC’s weekend reads

  1. Turkey and the Case of the Magical Vanishing Coup
  2. Is the overthrow of a democratically elected government ever justified?
  3. John and Abigail Adams educated their son, John Quincy, to become the worthy successor of the Founding generation of the new regime
  4. An American economist’s observations from Europe
  5. The Influence of Culture on Science, and the Culture of Science
  6. Confessions of an Ex-Prosecutor

PS: Did anyone else notice that the Brexit vote was 51%-49%? I mean, there’s a lot to think about there, especially for libertarians who claim that democracy sucks but Brexit/Nexit/Grexit is totally and completely justified if the people demand it…

The Nice Massacre

Following the massacre in Nice yesterday, I am hearing comments on radio that, together, would have one believe that it could not happen here, that it’s somehow the fault of the French themselves. I think that’s a dangerous dream.

Americans have to get past the Irma la Douce fantasy about France that many still shelter in their hearts. The French do not wile away their days at sidewalk cafes terraces brimming with insouciance. (That means a “devil-may care” attitude.) France is an industrial society pretty much like the US though without most of the inventiveness. Its economic policies for the past twenty years have been stinky. The causes of the French stagnation would sound familiar to any Bernie Sanders supporter. The current government of the Socialist Party differs from the Obama administration in matters of degree only. The same la-la-la Land dream occupies the minds of most of the French Left as of most American liberals. If anything, the French tend to be more realistic because they have had more experience of its failures.

It’s not the case that France has had an open borders policy as I have heard say on conservative radio today. Nevertheless, for historical reasons, France probably has many more Muslims proportionately than the US has. “Probably” because no one knows who is really a Muslim; no one really knows who is really a Catholic. The only thing that’s more or less known is the number of Muslims names. There are many. Most are French citizens by birth.

The current French Minister of Labor has a Muslim name. People with Muslim names are present throughout all levels of French society. They are in banking, in entertainment. The most popular French citizens probably have Muslims names; they are in sports. By and large, such people are well integrated within a mostly religiously indifferent French society. That is, as well as can be done within an economically stagnant society with a permanent unemployment rate of 10%, 20% for the young. How much discrimination there is against people with Muslim names is anyone’s guess. The fact is that immigrants with Muslim names keep trying hard to move to France. Not many try to move to Egypt or even to Saudi Arabia, for example, where the fate of immigrants may be even worse.

This large population with Muslim names is seen from the US as providing a bottomless pool of jihadist recruits. That’s true but it should also be an asset in combating violent jihadism. Thousands of French police personnel have Muslim names. (The police officer murdered outside Charlie Hebdo was one such.) Hundreds if not thousands of police and other security personnel are fluent in diverse dialects of Arabic. This is more, of course, than can be said of their American counterparts.

The French intelligence services have earned the respect of their allies. The country was not caught sleeping after the Bataclan slaughter. It had been under a state of emergency lightly suspending some personal rights. The state of emergency was slated to be removed in the coming days. Perhaps, someone did not want it to stop although it’s hard to believe given how light it was.

As I write on July 15th, there has been no claim by any Islamist organization. The only thing known is that the driver of the truck, the murder weapon, was a person of Tunisian origin who was probably a French citizen. That’s not enough to prove a link to Islamist terrorist organizations. The man was known to the police as a petty criminal (a familiar story). Note that a petty criminal is one who is not very successful, one at the bottom of the criminal pecking order. He was also undergoing a difficult divorce. I speculate that jihadist organizations provide people of Muslim origin undergoing personal difficulties a high-sounding excuse for venting their anger on the innocent many.

If there was indeed an involvement of ISIS or Al Qaida, no reason for the attack on civilians need to be found. They hate Westerners, irrespective of what Westerners actually do. The fact that France has been publicly involved in fighting Islamist terrorism in two theaters – in Iraq next to the US and in Mali may have made it a priority target for jihadists.

With this group assassination the lack of scruples of violent jihadists is confirmed again. Given the number of victims, the circumstance and the location of the crime, there is a 100% certainty that some of the victims have Muslim names. (By the way, the best video of the event was supplied by an Egyptian tourist.) I wonder if this is going to prompt Muslim organizations everywhere, including in the US, to do more than passively deplore the crime. I wonder if this is going to lead to request for energetic surveillance measures involving the breeding marshes of violent jhadists, which are not Lutheran seminaries or Buddhist monasteries. I ask because, under Obama, in this country, we are paralyzed by political correctness as if avoiding bruising the feelings of some was well worth a few hundred blown up civilians here and there.