From the Comments: Ottoman autocracy, Turkish liberty

Jacques, if you want to look at a libertarian/classical liberal case for the Ottoman Empire you should look at Islam without Extremes (Norton 2013) by Mustafa Akyol. I can’t claim to have got round to reading it myself, but I have seen Akyol’s summaries of his argumnents.

The power of Akyol’s argument in term of Turkey’s political scene has been somewhat undermined by his support for the AKP governemnt until after the Gezi Park protests. He is very critical of the AKP now, but as he was previously known as an AKP apologist (and enthusiast for Intelligent Design theory) it’s doubtful how much of an asset he is to Turkey’s rather small pro-liberty scene.

In any case I do not endorse myself straight on Ottomanist libertarianism and there are reasons it does not have much of a hold in Turkey’s pro-liberty scene though there are a few who think like this. The problems are endless and complex because the Ottoman system lasted from the 14th to 20th centuries and you can’t really talk about the same system, or at least few historians think you can. The millet system is a term applied late in Ottoman history, while the system was at its peak in terms of the size of the empire, along with it general prestige in the world, in the sixteenth century. Of course at that time, it could be said to have established some version of some liberty with order as good as many Christian states, and to me more power ful than any. I don’t think even at its height though you could say the Ottoman empire had more liberty than the most law governed and tolerant places in ‘Christendom’ and certainly while European thinkers respect the Ottoman system at its height it very much looked like an example of strong orderly monarchy, not decentralised liberty.

Even at its peak the Ottoman system obliged Balkan Christian families to send one son away at a very early age to be brought up as Muslim convert soldier-bureaucrat slave of the Sultan. The Janissary system, a very privileged kind of slavery and forced conversion, but that is what it was. The Sultan employed black eunuch slaves, transported from Africa, again a privileged position but not really an example of liberty.

Jumping forward, the Ottoman system started to imitate the west in some respects from the late eighteenth century, following military defeats to Russia. The biggest act of ‘reform’ was the violent repression/massacre of the Janissaries which formed a whole class of soldiers, bureaucrats and Istanbul firemen who were also market traders on the side, blocking the Sultan’s ideas of reform, including the formation of a more modern military.

Jumping forward again, the Ottoman sultan most revered by Turkey’s current Ottomanists on the whole, Abdulhamit II, suspended the national assembly, pursued a program of bureaucratic-military-technical centralisation, which included the early massacres of Armenians to which you refer. In the end he was overthrown as a ruker (not as holder of the title of Sultan) by westernising reformers (Committee of Union and Progress/Young Turks) who ended up continuing a centralising reform process which alienated people outside the Muslim Ottoman elite and the Anaotlian heartlands of the Empire. Jumping back to the period between the suppression of the Janissaries and Abdulhamit II’s rule, the Greek Independence movement was resisted with staggering levels of violence and cruelty (the Greek insurgents were not always fastidious in their methods either, it must be also be said). By the nineteenth century, the Ottoman system of relative tolerance towards non-Muslims on a communal rights basis was looking less impressive compared with a growing European tendency towards tolerance based on individual rights.

The ‘millet system’ at its peak provided a way Muslims, Christians and Jews could live together, but mostly as separate communities able to continue communal traditions, within a hierarchy in which Muslims had the real power. As with looking to models of liberty in ‘feudal’, medieval Europe, we may see some liberty benefits in the elements of localism and communal autonomy under a monarchy, but in both cases we are not talking about a system of individual rights or free interaction, we are talking about individuals constrained by communal traditions and hierarchies, along with the hierarchies between communities. If we value individual rights under common legal rights then this is not a model for us, even if we can see some lessons.

Even at its peak the Ottoman system blocked the spread of printing, one of the major elements of modern liberty. The reasons for the block combine the power of religious conservatism and the guild interests of manuscript copyists which seems to me to sum up the problems of even peak time Ottomanism for liberty. It was a system based on an assemblage of local, communal and guild privileges finding change difficult except through dramatic acts of autocratic rulers. The transition from Empire to French-modeled republic, but less liberal than the France of the time, in the 20s and 30s under Atatürk was itself the last great example of this and was a product of the difficulties the Ottoman system had with peaceful consensual change, even if it did have a few good moments on that score (e.g. the 1840 Tanzimat reforms).

Finally the Ottoman system was condemned by its own failure to defend itself, the last Sultan could only give into the victorious powers of World War One, while the republican-nationalists, who emerged from the most educated sections of the Ottoman elite, were able to mobilse a successful military struggle (the Independence War) even without control of the state apparatus. A system which can’t win a war is not a successful system, regardless of how sad the importance of war in human history is.

Arguments now about reviving the Ottoman Empire are surely self-evidently hypothetical only for anyone who does not take Erdoğan’s more bombastic statements seriously. In what way would the Middle East resolve anything by rule from Istanbul, particularly as part of a centralised state ruled by Erdoğan? If the question is should the Ottoman Empire have been prolonged at the end of World War One, the Ottoman government of the war undermined that possibility by massacres of Arabs, along with the leaders Faisal gave to Arab nationalists, aided by devious British and French policy.

The Ottoman Empire was in the Balkans before it was in the Middle East. Ottoman sultans used the title Kaiser-i rum (Emperor of Rome) after the Fall of Constantinople before they adopted the title of Caliph (leader of the faithful) after the later conquest of the Hezaz (i.e. the region containing Mecca and Medina). There is nothing natural or inevitable about a Turkey leaning predominantly towards the Middle East and nothing inherently desirable about Beirut, Amman, Riyadh, Damascus, etc coming under the dominance of Turks; there is nothing obviously healing for Arab Shiite Muslims in living under a Sunni Caliph in a palace on the Bosphorus, not now and not in 1919.

Ottomanist libertarianism makes most sense for those inclined to paleolibertarianism based on dispersal of power between homogenous traditionalist localised communities. I don’t see it has so much to offer to other kinds of libertarian. If we think about more modern liberal forms, there was some interest in Britsh style liberalism (already at that time in transition from classical liberalism to left liberalism) amongst the last Ottomans, most notably Prince Sabahattin, but this was a minority within a weakened elite, discredited by collaboration with British occupation at the end of World War One, which never had anything like a politics capable of mobilising the elite (very influenced by French republicanism politically and intellectually by the sociological expression of French republicanism in the work of Emile Durkheim), never mind the population as a whole.

(Yes Brandon I should be posting this kind of thing, in refined and revised form, but I really don’t have time to do this properly at present, believe me I really am in extreme crisis mode with writing/editing deadlines), after a particularly busy semester, believe me I will be posting when I can, and I should be able to manage within the next few months, sorry I can’t say any more than that, but it is the reality.)

This is from Barry Stocker, responding to Jacques’ musings on the Ottoman Empire and libertarian arguments that are sometimes in favor of it. The rest of the thread is pretty good too, though Dr Delacroix has yet to respond…

The Ottoman Empire and Libertarianism

Every so often libertarians ask, in a speculative mode, whether the re-establishment of the Ottoman Empire would not be a formula for peace in the troubled Middle East. The question is interesting on several counts, one of which is that the regions affected by the Islamic State today, Arab and Kurdish alike, plus all of southern Iraq, plus Kuwait, plus Jordan and Palestine (including the current Israel), plus, more loosely, all of the Arabian Peninsula, were more or less under Ottoman/Turkish control until the end of World War One.

Libertarians allude to the “millet” system under which many different ethnic or national groups co-habitated peacefully for several centuries. Those are pretty much the same groups that have been eviscerating one another for several years and pretty much every time a strong and dictatorial leader does not clamp down on them. There is one large fault in this happy vision: the attempted genocide of the Armenians begun under full Ottoman power in 1895 and nearly completed as the empire was falling apart during World War One.

The millet system of governance should be of interest to libertarians who generally wish for less government, less expensive government, more responsive government and, especially, less intrusive government. Under the millet system, at least when it was fully functional, the Ottoman governor of say, the province of the empire that now encompasses Lebanon and Western Syria would summon yearly the Patriarch of the Greek Orthodox Church. He would address him as follows:

“Your Eminence is well I trust, and his family, and I hope that his sons are brave a wise. I am happy to hear that Almighty God has blessed Your Eminence with many grandchildren. And I am told your community is thriving. Now, based on the figures your office gave me and based on my own information, I think that the Greek Orthodox community must deliver to our master the Sultan, one hundred pounds of gold and three hundred fit young men of military age this year. Agreed? Thank you for your visit and may you and your community, Your Eminence, continue to prosper under the benign, enlightened and fair rule of our great sultan.”

Then, the governor would ask over the main Ayatollah of the Shiite Muslims and deliver himself of a similar oration. And so on.

But I must pause for a confession. The quote marks around the above monologue are metaphorical. I am not reproducing a real monologue. Something like the monologue above must have been delivered thousands of times but I must admit I was not present to hear any of them. (On the other hand, I spent time in Turkey on vacation ten years ago and I regularly drink coffee with Turks. And, I like Turks in general.)

Again, the millet system is a good historical example of extreme decentralization and of minimally intrusive government. It was also very inexpensive to administer. It had little permanent bureaucracy to speak of that could grow upon itself and reproduce itself endlessly thus forever shrinking the area of individual autonomy. At the same time as the comparable Hapsburg Empire was developing a large bureaucracy, at the time when territorially much smaller France was perfecting the art of centralized bureaucracy, at the time when the small Kingdom of Prussia was developing the very model of modern bureaucracy that was to become a model for the whole world, the millet system endured in the Ottoman Empire. In general, the Ottoman government was small and it seemed to be treading lightly on the land, you might say. It sounded a little like a sort of libertarian dream.

But, wait a minute, I need to complete significantly the imaginary monologue of the Ottoman governor above. On parting, the governor would have probably added: “Enjoy life and enrich yourselves. Everything will be fine unless I hear too much about you. If I do, bad things will happen to your community.” Or, he did not even need to utter the words. Everyone knew about the bad things that would happen if disorder arose. Some of these bad things were community leaders’ heads on a spike in village centers.

The Ottoman Empire that relied on the light, non-invasive, decentralized millet system was also famous for the fierceness of its repression. And this haven of diversity disintegrated swiftly throughout the 19th century with a speed that must give pause.

The unraveling of the Ottoman Empire began around 1805 when the large and important Egyptian subdivision gained all but nominal independence through an armed revolt and even waged successful war on the Empire. During the rest of the 19th century, the areas of the Empire now comprising Greece, Bulgaria and Romania decisively seceded. In the meantime, much of the rest of the officially defined Empire drifted away, such as Libya and Tunisia. Later, during World War One, the British (Lawrence) and the French did not have much trouble talking the remaining Arab areas of the empire into open rebellion. And yes, there was an attempted massive genocide of Armenians, in two phases. The first phase was under full Ottoman power in the 1890s; the second, much larger step occurred during the waning days of Ottoman rule starting in 1915.

Now, one can argue – and historians routinely do – that the spectacular disintegration of the Ottoman Empire was due to external pressures from the rising, fast industrializing European powers. Yet, the fact that national (ethnic) entities took up every opportunity to leave the Empire does not speak well of the effectiveness of Ottoman administration. The fact that they sometimes did it a a cost of great bloodshed, the Greeks in particular, does not strengthen the idea of contentment of the administered. The fact is that the subject people of the Ottoman Empire including the many governed through the millet system described above seem to have left as soon as the opportunity arose.

The disintegration of the Ottoman Empire poses a conceptual problem: Did it fall apart in spite of the admirable millet system of government or because of it? Was internal peace maintained in the Empire for a long time because of the virtues of the millet system or because of the ever-present threat of a large and fierce army facing a divided and unarmed populace?

Was the Ottoman Empire taken apart from within, and also from without, because the administrative principles behind the millet system impeded the supply of the means of self-preservation?

Beyond this lies an even graver question for anyone with libertarian aspirations: Do systems of administration that share the main features of the millet system, decentralization, low cost, and low-level invasiveness contain the seeds of their own destruction? Does administrative lightness actually nurture violent intervention from above and/or from outside?

I don’t know the answers to these serious questions. I think libertarians of all feathers don’t discuss these and related issues nearly enough. I suspect libertarian circles harbor their own form of political correctness that paralyzes such essential inquiries. I do what I can. I know it’s not much.

We can’t engineer our way out of this

Folks on the left have been getting more interested in science lately (though history tells us that might be something to worry about). They’re right to celebrate the incredible results of scientific progress–but scientific victory isn’t uniform across disciplines.

In some areas (including just about all areas on the cutting edge), scientists disagree with one another.It’s a big, complex world we live in, and we don’t understand it fully. That disagreement doesn’t mean we should discount science entirely, but it does mean we should be careful with it.

Imagine a world where engineers disagreed about the capabilities of their techniques and the strength of the materials they use. Some might be beholden to special interests (which gives me an idea for a public choice version of the Three Little Pigs), others might be dogmatic/superstitious. But even without concerns of systemic issues, we should be hesitant to try to get to the moon. That disagreement should tell us that we aren’t certain enough in our knowledge to make anyone but volunteers put their lives in the hands of those engineers.

Social scientist in particular frequently disagree with each other. Most are trying earnestly to apply the scientific way of thinking to understanding the social world, and it’s worth considering their view points. But applying that knowledge should only be done in a decentralized way. Applying the incredible insights of behavioral economics from the top down is appealing, but it’s probably best to do it piecemeal.

Social engineering and social science are harder than physical engineering and the physical sciences. Part of the problem Western governments face is that they’re trying to engage in social engineering. And politicians are promising them greater degrees of social engineering to improve the well-being of their constituents.

The trouble is two-fold: 1) those social engineering techniques aren’t good enough, even if they’re sometimes appealing. 2) The cost to decision makers of buying snake oil is too low in voting booths.

To my friends who are looking to the government to make things better: whether your hope is for government to help people be better versions of themselves, or to stop bad guys, we should push as much of that policy to the local level as possible. It might be nice if the whole country were more like Berkeley or Salt Lake City, but trying to make it happen at the national level is a recipe for conflict, disorder, and doing more harm than good. Keep policy local.

BC’s weekend reads

  1. The ABC’s of really bad news
  2. Most ideologies have no use for distinguishing between prophet and politician
  3. The conservative split over Donald Trump
  4. Will we proceed with campaign slogans, or with reflection and hard work? A must read
  5. Healing through decentralization

O que é capitalismo?

O Brasil é capitalista? O capitalismo é culpado por vários problemas que observamos no Brasil? E outros países? A China é hoje um país de economia capitalista, ainda que com política socialista (ou comunista)? O capitalismo prejudica os mais pobres enquanto beneficia os mais ricos? Estas são algumas questões com as quais me esbarro regularmente. Algumas pessoas mais sofisticadas observam que não há apenas um capitalismo, mas vários: o capitalismo brasileiro é diferente do sueco, que é diferente do japonês, que é diferente do norte-americano, e assim por diante. Vejo alguma pertinência nesta observação, mas penso que ela ainda deixa de lado a questão mais básica e fundamental: o que é capitalismo?

Suponho que sem recorrer a qualquer fonte podemos concluir que capitalismo é algo relacionado a capital. Segundo o Palgrave Macmillan Dictionary of Political Thought, de Roger Scruton, “o capitalismo é um arranjo econômico, definido pela existência predominante de capital e trabalho assalariado”. De acordo com esta definição, no capitalismo alguns ganham salários e outros ganham lucros. Capital por sua vez é definido como “os meios de produção produzidos, ou seja, commodities que foram produzidas e que por sua vez podem ser empregadas na produção de outras commodities”. Em outras palavras: capital são recursos que são empregados na produção de mais recursos. Capitalismo é um sistema econômico (e não predominantemente político ou social ou cultural) que gira em torna da alocação destes recursos.

Partindo de uma forma de pensar semelhante, Milton Friedman observou que todos os países são capitalistas. Os EUA são capitalistas. A China é capitalista. A URSS é capitalista (Friedman estava fazendo esta observação ainda no período da Guerra Fria). Não há país (ou sociedade) onde não haja capital e onde não ocorram decisões sobre como alocar o capital. Há bastante tempo Max Weber fez uma observação semelhante, afirmando que alguma forma de capitalismo esteve presente em todas as civilizações, com a diferença que mais recentemente o Ocidente produziu um capitalismo moderno, com características peculiares. Mas voltando para Friedman: todos os países são capitalistas. A questão é: quem controla o capital?

A pergunta de Friedman lembra uma observação de Friedrich Hayek: durante o período da Guerra Fria era comum afirmar que a economia da URSS era planejada, enquanto que a economia dos EUA não era. Mas esta afirmação está errada: ambas economias eram planejadas. A da URSS por um pequeno grupo de pessoas em Moscou; a dos EUA por milhões de indivíduos espalhados pelo país. O ponto de Hayek é que uma economia necessariamente envolverá decisões sobre como alocar capital (ou recursos). A questão é: quem tomará estas decisões? Um grupo de governantes num comitê centralizado, em nome de toda a população? Ou a própria população, numa esfera mais modesta, dentro de suas próprias vidas?

Adam Smith é popularmente considerado o pai do capitalismo (e também da Economia como disciplina acadêmica, além do liberalismo econômico. Adam Smith teve muitos filhos). Curiosamente, Smith não usou o nome capitalismo em seus escritos (este nome seria cunhado mais tarde por marxistas – o próprio Marx também não usou este nome, ao menos não regularmente), mas falava sobre sociedade de mercado. A observação de Smith era que em tempos recentes mais pessoas estavam se tornando mercadores. Em tempos antigos (sobretudo na Antiguidade Clássica de Grécia e Roma) as relações econômicas eram dominadas por donos de terras e escravos. Havia mercadores (ou comerciantes), mas estes ocupavam um espaço menor na sociedade (e também eram vistos com desconfiança por não produzirem nada – apenas trocarem o que outros produziram). Na Inglaterra do final do século 18 mais pessoas eram comerciantes, isto é, trocavam alguma coisa, ainda que “alguma coisa” fosse sua força de trabalho em troca de salários. Neste sentido, Smith não inventou o capitalismo moderno: apenas observou e descreveu seu nascimento – além de suas vantagens diante de outros arranjos econômicos.

Partindo de Adam Smith e chegando a Friedman e Hayek, podemos observar quatro elementos fundamentais do capitalismo moderno (ou do liberalismo econômico, ou as sociedade de mercado, ou do livre mercado): escolha pessoal; trocas voluntárias; liberdade para competir em mercados; direito de propriedade privada. A escolha pessoal se refere às decisões individuais que se toma a respeito dos recursos individuais (devo sair para trabalhar hoje? Ou devo ficar em casa?). Trocas voluntárias se refere ao fato de que posso livremente trocar meus recursos com outra pessoa que queira fazer o mesmo (havendo uma coincidência de vontades). Liberdade para competir significa que posso oferecer meus serviços (ou produtos, ou talentos) e aguardar que haja interessados. Propriedade privada se opõe a propriedade coletiva ou comunal, geralmente sob controle do estado.

Uma forma mais direta de sistematizar a teoria de Smith (e neste ponto de Friedman e Hayek) é dizer que no livre mercado a propriedade é privada (e não coletiva ou comunal) e o trabalho e assalariado (e não escravo). Mais simples ainda, o livre mercado opera pela máxima de “não faça aos outros o que você não gostaria que fizessem com você”, ou “não mexa com quem está quieto”. No livre mercado os indivíduos são livres para fazer trocas voluntariamente com outros indivíduos – que queiram voluntariamente fazer estas trocas, havendo coincidência de vontades.

Há muitos economistas que consideram que a sociedade de mercado é mais um tipo ideal do que uma realidade. Alguns países estão mais próximos desta ideal do que outros, e neste sentido é válida a observação de que há variedades de capitalismo. O capitalismo praticado no Brasil (ou na China) não é (nunca foi e nunca chegou perto de ser) o capitalismo liberal descrito ou almejado por Smith, Friedman e Hayek. O capitalismo praticado nos EUA está mais próximo disso, embora esteja num franco afastamento deste ideal há várias décadas.

Saber o que é capitalismo é um primeiro passo para sabermos se este é um modelo que desejamos ou não. Pretendo nos próximos posts continuar este assunto. Por ora, digo apenas que quando falo a respeito de capitalismo estou pensando na sociedade de mercado descrita ou almejada pela tradição liberal. Caso o que temos no Brasil seja capitalismo, certamente não é este capitalismo que defendo.

Invitation to Steemit – a blockchain based social media platform

As some might already suspect from some of my previous posts, I am a cryptocurrency enthusiast. As of now, there is another crypto-project founded by two libertarian anarchists that I find extremely interesting and that I would like to share with you.

In this post, I’d like to introduce this project called Steemit, a new social media platform where content creators (bloggers) can earn money with every ‘upvote’ (comparable to ‘likes’ on Facebook) they receive from the community. I am not encouraging my fellow note writers to quit posting articles on Notes on Liberty, but I would recommend them to share their articles both here and on the Steemit platform.

So what is Steemit?

“Collectively, user-generated content has created billions of dollars worth of value for the shareholders of social media companies, such as Reddit, Facebook, and Twitter. Steem supports social media and online communities by returning much of its value to the people who provide contributions by rewarding them with virtual currency.”

Steemit is most similar to Reddit, but with the important difference that you can monetize your blog. You can take a look at my first two ‘hits’ on Steemit for proof that you can monetize your blogging skills:

Steemit was founded half a year ago by entrepreneurs Ned Scott and Daniel Larimer. Daniel Larimer has been a familiar face in the cryptocurrency scene as the founder of Bitshares, which currently ranks as the 19th largest cryptocurrency in market cap on Steem itself, the currency that drives steemit, has risen in prominence among other cryptocurrencies. According to, Steem is now the 4th largest behind Bitcoin, Ethereum and Ripple.

The concept behind Steemit is very simple, and you don’t need in-depth knowledge of the workings of cryptocurrencies to start writing (and curating posts) and earning some money. If you have a facebook account or a reddit account, you can sign up at At first sign up, you will receive $10 worth of Steem Power – I will later get to Steem Power to explain what it is. Once you sign up you can immediately start submitting posts or comments on other people’s submissions. You can earn money through both ways.

The website is still in beta, and you may argue that it is not as user friendly as Reddit or other social media networks, but the pace in which applications have been rolled out on the platform in the one month that I have been using it is impressive!

A chat functionality with private messaging, a functionality to follow other writers, and weekly insights in your earnings have for example all been added in the past four weeks.

Steemit roadmap

This, however, is just the beginning. The founders of Steemit have far larger plans than just creating a blockchain based social network. The social network is the means to attract enough users of its currency (Steem and Steem Dollars) that a full-fledged market place based on these currencies can emerge. The first step is to increase the user base, but next steps are to create a market place in which people can trade goods with Steem and Steem Dollars and where Steem will grow in such prominence that it will compete with already existing fiat currencies like the USD, Euro, GBP, Yen, and RMB. We are still far off from this actually happening, but it’s great to see these kinds of experiments with the free market.

Is Steemit a scam?
I have read about people who have called it a scam, but the funny thing is that you don’t need to put any monetary investments in the platform to submit an article and earn some money. Normally in scams, you are encouraged to give away your money for little or nothing in return. With Steemit, all you need is to create content that the community values and in return you will receive some money.

Steem, Steem Power and Steem Dollars
Lastly, I’d like to say some words about the three tokens you can hold when using Steemit: liquid Steem, Steem Power and Steem Dollars (SBD).

Liquid Steem, or simply Steem by name, is immediately convertible to bitcoin and fiat currencies as USD. People who would like to speculate on the price of Steem can hold it to sell at a higher price.

You can also convert your Steem into Steem Power. Steem Power gives you, if I am not mistaken, interest of approximately 0.7% in Steem Power per day. Holding Steem Power is like holding a stake in the long-term development of Steemit as you can only convert 1% per week of your Steem Power in Steem and exchange it for bitcoins and fiat currencies.

Steem Dollars are tokens pegged to the USD at an exchange rate of around 1 : 1. People who don’t like the volatility of cryptocurrencies can hold Steem Dollars.

For more information about Steemit, you can read the Steem White Paper or watch this excellent interview of its founders:

I hope that I have triggered your curiosity about Steemit, and I hope that you will take this invitation to post your content not only on Notes on Liberty, but also on Please don’t forget to follow me once you are on Steemit. You can find me at

Reply to ‘Classical Liberalism, Cosmopolitanism and Nationalism’

I write in reply to Edwin van de Haar’s post ‘Classical Liberalism, Cosmopolitanism and Nationalism’, which contains some generous remarks about my social media posts while putting forward a view different from my own about the role of the nation state. Edwin argues that the nation state is foundational to classical liberalism in that post. I have previously argued for the benefits of the United Kingdom staying in the European Union, just before the referendum which has put the UK on the path to leaving.

I will start with the doctrinal issues of how far classical liberalism might be considered as something that is embedded in the emergence of the nation state as we know it. It is true that classical liberalism arose as the nation state emerged and consolidated and it did not occur to classical liberals, on the whole, to question the state system as they knew it. That is a system defined in early modern natural law and contractual theory about law and state as one of a very unified system of sovereignty in a world of ‘a state of nature’, anarchy, or lawlessness between states.

We have to note at least one major deviation in the familiar list of classical liberal authors, which is Immanuel Kant, thinking of his essays ‘Idea for a Universal History with a Cosmopolitan Purpose’ (1784) and ‘Perpetual Peace: a philosophical sketch’ (1795), which do not question the internal  sovereignty of states, but does argue for a law governed set of relations between states with a global institution of some sort to prevent republics going to war with each other.

We should consider John Stuart Mill’s thoughts on federal states in Considerations on Representative Government (1861), particularly chapter XVII, ‘Or Federal Representative Governments’ which looks at the possibility of a state with decentralised decision making functions. A nation state can be federalised, at least in principle, but what are the components of the federation other then sub-nations, where the population may even regard them as nations within the state. Mill was building on the experience of the United States since the constitution of 1787, and Switzerland, particularly since the federal constitution of 1848.

The United States and Switzerland did not come out of nowhere. The US consolidated the links between thirteen colonies of Great Britain while federal Switzerland built on the Swiss Confederation and its links with places like Geneva which were associated with the confederation, but were not part of it until the restructuring of European states in the Napoleonic period. The point here is that modern states may be federal as well as unitary states and that includes continuity with pre-modern links between at last partly self-governing regions-nations. We could even say that kind of state of associated states was the Medieval norm.

The example, and even idealisation, of this Medieval structure enters classical liberalism via Montesquieu’s The Spirit of the Laws (1748), along with the work of Swiss jurists of the time, particularly in Berne. Montesquieu was building on the experience of the kind of medieval and early modern monarchy where he thought there was liberty, moderation in government, distinguishing it from tyranny. In such situations different laws and assemblies for towns and for historic regions was quite normal under the monarchy. In so far as such states, like France, were tending to evolve in states based on the absolute sovereignty of the centre, in the formation of what we call a nation state, Montesquieu saw the danger of despotism.

The historical experience that Montesquieu was drawing on was the way that Medieval monarchies were constructed through assembling  patch work of  the monarch’s personal domains, regions with their own lords and institutions, and church domains, along with increasingly self-governing towns. He also looked at the antique experiences of allying republics in a federation, which he thought was preserved in the Netherlands and Switzerland of his time. Germany, which at that time was a kind of federal/confederal empire of very varied forms of sub-imperial sovereign units including princes with lands outside the Empire, was also a form of federation for Montesquieu.

If we go back to the German history of the century before Montesquieu, the idea of the modern nation state is strongly associated with the Treaty of Westphalia (1648), which ended the Thirty Years war, focused on Germany, but drawing in most of Europe. ‘Westphalian state system’ has become a label for an internal system of states which are completely sovereign internally and face each other as equal legal personalities with no higher instance of sovereignty or collective instrument for enforcing the laws of nations, which do have some basis in the natural law doctrines of the time, and earlier.

The trouble with this understanding of Westphalia is that though it has some truth for Europe outside the German Empire (officially known as the Holy Roman Empire), it is very misleading for the Empire, and therefore for those European powers, including Sweden and Denmark, which had land within the Empire. The princes, cities and other territorial units within the Empire were under the legal authority of the Emperor, who largely served as a judge of interstate disputes though with far greater powers in the lands of the Habsburg family (consolidated as the Austrian Empire in the Napoleonic era) which always had the Emperor, though the Emperor was legally an elective office. The Habsburgs land extended outside the Empire into central Europe so the Westphalian system of Imperial authority brought in other European nations and extended outside the Empire strictly speaking.

Westphalia modified a system rooted in the Middle Ages of Germany as a middle European federation or confederation, drawing in other parts of Europe and therefore anchoring a European system of some kind. Periods of dominance by France or Spain complicate this story, but French claims always overlapped with Imperial claims and the peak of Spanish power was when the Spanish monarchy was from the same family as the German Emperors.

The Napoleonic era disrupted these arrangements severely, but we can see Napoleon as trying to revive the original Empire of the Romans under Charlemagne in the ninth century, which united France, Germany and neighbouring territories under a Frankish over-king. Charlemagne was know as ‘father of Europe’ in his time, perhaps more in connection with Europe as Christendom and his wars against Muslims in Spain, then with Europe as we might think of it now, but this is part of the story of what it is for there to be a Europe and a European system. Coronation by the Pope and recognition of the Frankish kingdom as heir to ancient Rome connects the medieval German Empire with the first great European political system, the Roman Empire.

The aftermath of the Napoleonic period in Germany was a confederation, which again included those European powers (the United Kingdom was one) which had lands in Germany. This evolved into the German Empire founded in 1871, which was itself an extraordinary mixture of Greater Prussia, federation, democracy, aristocracy, monarchy, and so on. It was more of a nation state than German predecessor systems in that it was a sovereign unified part of the international state system. The size and growing economic power of the Kaiserreich, incorporating Polish, French and Danish speaking areas, made it a destabilising force in Europe. Too big for the security of other European states, too small to anchor a European system.

The First World War and the Second World War were both consequences of this unstable system. The European Union is in large part an attempt to solve the problem by creating a European system which Germany anchors, though since unification the dominance of Germany has become an issue again. Whatever the problems, the EU provides a better framework for structuring a European system in which Germany is both contained and can exert influence in a consensual manner.

Returning to the issue of the nation state, Germany was never a nation state in the strictest sense of a very unitary state with a single language and ethnicity. France has usually been taken as the model of the nation state ‘strictly speaking’, but even so it has only been a country of speakers of standard French since the late nineteenth century. As it is now, it includes speakers of Breton, Basque, Occitan and Alsace German. Corsica has special status and Alsace-Lorraine also has some special arrangements in recognition of its specificities.

The European world before the First World War was more of a Europe of multi-national Empires than nations, with four Empires (German Hohenzollern, Austrian Habsburg, Turkish Ottoman, Russian Romanov) dominating the centre and east. Spain in practice has always been an extended Castille in which other regions-nations have played variable distinct roles. The United Kingdom never completely integrated as a nation state; even at the peak of integration in the nineteenth century, Scotland kept its own legal, state church and educational system and since then in a rather complicated way the UK has become more loosely integrated and may lose Scotland in a few years.

Even with the imminent departure of the UK from the EU, Europe continues to be a political system, not just an aggregate of nation states. The larger European states are not nation states in the strictest sense. Even without the EU, European states accept various kinds of obligation with regard to north Atlantic security and global trade which limit sovereignty. The UK will negotiate some kind of membership of the internal market of the EU and its passport union aspect, as well as participation in various EU schemes. It will therefore continue to be part of a European system anchored by Germany.

Ever since the Romans, Europe has needed a European system of some kind, and the German anchor schemes going back to 800 have recognised the Roman precedent. In reality there has never been a Europe of nation states and the periods closest to that model ended in catastrophic wars. Disaggregation of the European system as it is now may not result in war, but it has the potential to unleash trade wars, protectionism, competitive currency devaluation, erosion of chances to live, work, and study abroad, associated labour market sclerosis, destabilising struggles for political-diplomatic dominance, and an incapacity to ally in order to deal with global and strategic issues affecting Europe, including migration flows, Russian expansionism, and Middle Eastern conflict and terror.

(more on the consequences of the UK leave referendum soon)

Libertarians and Pragmatists on Democracy Part 4: Why Market Anarchism is more Democratic than Democracy

Note: This is the final part of a series on democracy. It is assumed the reader is familiar with part one, defining democracy, part two, summarizing classical liberal perspectives on democracy, and part three, which analyzes how pragmatists conceive of democracy as a broader philosophy. Here, I will argue that a synthesis of libertarian and pragmatist perspectives on democracy will yield an argument in favor of market anarchy.

The insights of classical liberalism, and particularly modern libertarianism, have shown that democracy is likely to lead to a tyranny of an irrational and ignorant majority and public choice theory has shown how it results in awful policies thanks to a number of collective action issues. However, as pragmatists have argued, democracy’s philosophical aspirations to scientific public deliberation, seeking the consent of the governed, valuing the dignity of every individual, and decentralizing political authority to take advantage of dispersed intelligence are still admirable. However admirable these philosophical aspirations are, real-world democracies completely fail to fulfill them.

The natural question is, if not democracy, what political arrangements can live up to the philosophical goals of Dewey and Hook? I think the answer lies in market anarchism. In what follows, I will show how market anarchism could succeed in realizing the aspirations of philosophical democracy where political democracy has failed.

Before we get started, let’s take into account a few minor housekeeping notes. It is assumed that the reader has at least a cursory knowledge of how market anarchism and polycentric law works. If you are not familiar with these concepts I highly recommend watching this video by David Friedman before continuing. Also, I am in no way arguing that any of the thinkers discussed in this series are “really” anarchists unless they’re obviously so such as Huemer. I will not even claim that any of them “should have been” anarchists (with the exception of Hayek). I am simply arguing that if we take into account the insights of their various perspectives, one could plausibly defend market anarchism.

Market Anarchism, Unlike Democracy, Does Rest on the Voluntary Consent of the Governed

As Michael Huemer convincingly has shown, democracy does not actually “rest upon the freely given consent of the governed” as Sidney Hook claims. The bar tab example illustrates that we would not consider majority rule “consent” in any everyday interaction and there is little reason to think it should be any different in the context of political institutions. By contrast, market anarchism is almost by definition based off of consent. This is the primary reason why many deontological market anarchists, such as Murray Rothbard, are market anarchists in the first place and why they oppose the coercive, non-consensual nature of the state. While democracy’s claim to legitimacy is that the governed vote but they are still forced to follow the (unjustified) authority of a state that has the monopoly on force whether they agree or not to, market anarchism is based off of voluntarily consented to contracts between individuals and defense agencies and contracts between those defense agencies and private, voluntary court systems and arbitrators. Further, the content of the laws is agreed to and law becomes a product one buys in voluntarily agreeing to sign up with a defense company, just as one buys a car, a piece of furniture, or any other good.

It is curious that many pragmatist defenses of democracy sound very similar to what many market anarchists and libertarians write. Not just in Sidney Hook’s definition of a democracy as a government that “rests upon the freely given consent of the governed,” but perhaps most strikingly in John Dewey’s 1939 essay “I Believe.” In this essay, Dewey walked back some of his early Hegelian collectivist lines of his early years:

My contribution to the first series of essays in Living Philosophies put forward the idea of faith in the possibilities of experience at the heart of my own philosophy. In the course of that contribution, I said, “Individuals will always be the center and the consummation of experience, but what the individual actually is in his life-experience depends upon the nature and movement of associated life.” I have not changed my faith in experience nor my belief that individuality is its center and consummation. But there has been a change in emphasis. I should now wish to emphasize more than I formerly did that individuals are the final decisive factors of the nature and movement of associated life.

Indeed, throughout the whole essay he emphasizes “the idea that only the voluntary initiative and voluntary cooperation of individuals can produce social institutions that will protect the liberties necessary for achieving development of genuine individuality.” Throughout the essay, he decries (like many left-anarchists do) “state socialism” just as much as he does “state capitalism.” Dewey’s opposition to capitalism is well-known, but what is less known is his opposition to so-called “public collectivism.” His criticisms here could just as easily have been written by someone like Hayek:

Recent events have shown that state socialism or public collectivism leads to suppression of everything that individuality stands for. It is not too late for us in this country to learn the lesson taught by these two great historic movements [ie., the rise of state capitalism and state socialism]. The way is open for a movement which will provide the fullest opportunity for cooperative voluntary endeavor. In this movement, political activity will have a part, but a subordinate one. It will be confined to providing the conditions, both negative and positive, that favor the voluntary activity of individuals.

It is interesting that, like anarchists who favor direct action, he emphasizes that political activity is subordinate to the political movement he sees as necessary.

Of course, there are still notable differences between Dewey and libertarians, he still defends what he calls “functional socialism” in the socialization of medicine and still berates more than many libertarians would be comfortable with (except, of course, for left-anarchists) inequality caused by state capitalism. His vision of a truly individualist society, even in his later years, was one with localized, experimental democratic institutions and economics controlled by those localized governments in a “functional socialist” fashion (as I mentioned earlier, that economic vision is at odds with Dewey’s epistemological commitments).

However, I would argue that it is more than a mere superficial coincidence that Dewey’s criticisms of state capitalism are almost identical to those of market anarchists who decry “crony capitalism,” that his criticisms of state socialism are very similar to some individualist libertarian criticisms, and his overall rhetoric defending democracy on the grounds of “voluntary cooperation of individuals” sounds remarkably similar to many libertarians. This is because, largely, the philosophical ends Dewey seeks in politics are the same as those sought by libertarians, market anarchists, and classical liberals. However, the institutional means he advocates are very different and fail to meet those ends.

There is, conversely, one potential criticism that Sidney Hook would raise at this point: that market anarchism does not really rest upon the freely-given consent of the governed due to its allowance for economic inequality. Hook argued that income inequality undermines consent in democracy and, as a result, economic organization should be controlled by a democratically elected government. There are two points to be made. First of all, when economic organization is controlled by government in democracies it exacerbates the problem of income inequality. Rent-seeking culture arises in which concentrated interests use, through lobbying power, government force to accumulate and protect their wealth. Indeed, as I mentioned earlier,  there have been empirical studies showing how over-regulation lobbied for by those concentrated benefits have regressive effects. Even fairly anti-free market economists such as Joseph Stiglitz have argued that income inequality is not an inevitable result of market institutions, but a result of bad government policies such as corporate welfare.

Second, it is questionable to what degree income inequality would exist in pure market anarchy. Of course, much of the bad inequality experienced under state capitalism is the result of bad policies, but some if it is also just a result of market’s tendencies to disrupt economic distributions (which, as Mises argued in Liberalism: The Classical Tradition is not a bad thing because it allows for luxury markets which can serve as an experimental market for expensive, new goods that one day become popular consumer goods). Some market anarchists, such as Anna Morgenstern, have argued that the type of mass accumulation of capital under capitalism would be impossible under market anarchism. I am unsure to what extent I agree, and a systemic analysis of the economic roots of inequality is outside of the scope of this post. However, suffice it to say that it is an open, empirical question whether purely free markets would result in problematic levels of inequality, as Hook seems to think, and we have some good reasons to think it would not. At the very least, it is clear that the democratic institutions favored by Hook are not a serious solution to the problem.

Market Anarchism, Unlike Democracy, Relies on a Decentralized Process of Political Decision Making

Dewey argued in “Democracy and Educational Administration” that “it is the democratic faith that [the distribution of knowledge and intelligence] is sufficiently general so that each individual has something to contribute and value of each contribution can be assessed only as it enters into the final pooled intelligence constituted by the contributions of all.” He seems to echo Hayek’s knowledge problem critique of socialism when he argues that the democratic faith is based on the wisdom that “no man or limited set of men is [sic] wise enough or good enough to rule others without their consent[.]” As we have seen, democracies tend towards heavily centralized governments that undermine this faith and fail to take advantage of the dispersed knowledge (in Hayekian terms) among individuals in society.

Market anarchy, on the other hand, by definition takes advantage of this feature of dispersed intelligence. Rather than having law be designed by a centralized legislature, law arises out of voluntary market exchanges between individuals and, like common law, the precedent of judges in private courts. Of course, both Dewey and Hayek embraced democratic institutions (in Hayek’s case, as well as free market economic coordination) to take advantage of decentralized knowledge. However, both Dewey and Hayek, particularly the ladder (Dewey never wrote about market anarchism as it did not exist as a unique perspective until almost a decade after his death), failed to appreciate the extent to which a polycentric legal system does this much better. Peter Stringham and Todd Zywicki have noted this tension in Hayek’s thought in particular, as they put it in an abstract for their excellent paper on the issue:

Should law be provided centrally by the state or by some other means? Even relatively staunch advocates of competition such as Friedrich Hayek believe that the state must provide law centrally. This article asks whether Hayek’s theories about competition and the use of knowledge in society should lead one to support centrally provided law enforcement or competition in law. In writing about economics, Hayek famously described the competitive process of the market as a “discovery process.” In writing about law, Hayek coincidentally referred to the role of the judge under the common law as “discovering” the law in the expectations and conventions of people in a given society. We argue that this consistent usage was more than a mere semantic coincidence — that the two concepts of discovery are remarkably similar in Hayek’s thought and that his idea of economic discovery influenced his later ideas about legal discovery. Moreover, once this conceptual similarity is recognized, certain conclusions logically follow: namely, that just as economic discovery requires the competitive process of the market to provide information and feedback to correct errors, competition in the provision of legal services is essential to the judicial discovery in law. In fact, the English common law, from which Hayek drew his model of legal discovery, was itself a model of polycentric and competing sources of law throughout much of its history. We conclude that for the same reasons that made Hayek a champion of market competition over central planning of the economy, he should have also supported competition in legal services over monopolistic provision by the state — in short, Hayek should have been an anarchist.

There is one possibly fatal objection to this line of reasoning, that is also the most substantial objection to market anarchism as a whole: the possibility that market anarchy, like democracy, will eventually lead to a centralized state that undermines its attempt to take advantage of dispersed knowledge. This argument was initially hinted at by Robert Nozick in Anarchy, State, and Utopia in his argument about the “immaculate conception of the state” but was expanded on most convincingly by Tyler Cowen. Ultimately it is an empirical question whether market anarchy would eventually lead to more centralization, and it is outside the scope of this post to analyze that fascinating question in any satisfactory amount of detail. I will say, however, that Bryan Caplan has given more or less convincing reasons why this may not be the case.

Market Anarchism, Unlike Democracy, Values the Dignity of the Individual

One of the features central to the pragmatist “democratic faith” is the belief that “belief that every individual should be regarded as possessing intrinsic worth or dignity[.]” As I argued, the conflation of democratic governments with the “collective will” of the people undermines this faith as political dissenters and individual thinkers become viewed as opponents to “the people.” Indeed, it seems that the type of “public” and “private” collectivisms that Dewey ridiculed in “I Believe” are a result of democratic institutions run amuck.

Market anarchism, meanwhile, suffers from no such issues. Instead, the intrinsic worth of the individual is respected as their free choices and associations is the main driving mechanism for political organization. There is no violation of free speech and free thought by a deliberative government as such a government does not exist in the first place under anarchy, and thus the intrinsic worth and dignity are not found in the “will of the people” as in democracies, but in the sovereign individual’s choice of which defense provider to contract with.

Market Anarchism, Unlike Anarchy, is Scientific and Deliberative

Contrary to Dewey and Hook’s characterization of democracy as a deliberative, intelligent application of the scientific method to social issues, democracy is instead characterized by polarizing populist pandering and rationally ignorant and irrational voters casting meaningless ballots based cultural associations rather than reasoned consideration of policy issues. Market anarchism, meanwhile, does have the deliberative, scientific nature the pragmatists vainly hope democratic institutions could aspire to. While under democracy the cost of casting an informed vote is very high and the benefits very low resulting in massive amounts of rational ignorance, under market anarchism individuals have every incentive to ensure they are informed about the legal rules they are purchasing, so to speak, by contracting with rights defense agencies. Unlike in democracy where the benefits of casting an informed vote are extremely low because your vote has an infinitely small probability of making a difference, under market anarchy the rights defense agency you chose to contract with has immediate and certain impacts upon your life, thus creating a much larger incentive to cast an informed (metaphorical) vote by choosing to purchase the services of a preferred rights defense agency.

Deliberation about legal policy is far more likely to be more reasoned in market anarchy than in democracy. First, because market anarchism is more radically experimental than political democracy. Freedom of speech and of thought in democracy is often likened to a metaphorical “marketplace of ideas,” but in market anarchy it is a literal marketplace in which the ideas are not chosen just by speculation and public deliberation, but actually experimented with and acted upon in practice. Democracy is only “experimental” in a priori public deliberation about policies, but market anarchy is “experimental” in actually applying those policies and assessing their results a posteriori. Under democracy, once a policy is chosen it becomes difficult to assess counterfactually if another potential policy could have yielded better results, thus it is difficult to ascertain which was the superior policy. It is as if scientists in a lab simply talked about the hypothetical results of various hypothetical experiments and chose theories based on their discussions rather than actually testing the theories by actually running the experiments. Because of the polycentric nature of law under market anarchy, multiple policies are taken on at the same time, making it easier to tell which is more desirable in practice rather than simple theoretical deliberation.

Another reason why political deliberation is more likely to be reasoned in market anarchy than democracy is because of the institutional mechanisms for choosing policy. The main way law is “made” in democracy is through legislation voted on by representatives, who are ultimately accountable to the public through general elections. Often, debate on the floor of legislative bodies is anything but reasoned and deliberative, and clearly discussion about elections quickly devolves into mindless partisan bickering, sensationalist “scandals,” and populist rhetorical flair rather than reasoned discussion about policies. In market anarchy, however, law is “discovered” by private arbitrators and judges who are ultimately accountable to the defense firm’s consumers in the marketplace. It is pretty clear that real-world courtrooms tend to have a more elevated level of dialogue than legislative bodies, to say less of public elections, and I fail to see why this would not be the case under market anarchism.

Further, there wouldn’t be a need for partisan bickering and debates that bring down the level of public discourse in market anarchy, for similar reasons why there isn’t nearly as nasty debates about preferences for consumer goods as there are about politics. To use an analogy, in democracy, if we’re voting on what soda to consume, whoever wins the vote gets a monopoly on their preferred soda; so my preference for Coke could possibly eliminate your ability to enjoy Pepsi; but in a market, if I prefer Coke you still can drink Pepsi, meaning we don’t need to bicker about our consumer preferences. It is similar (though clearly not identical because when we’re talking about law it’s quite a bit more consequential) with legal policies: in democracy, if I prefer one set of legal rules to another which you prefer, we must fight over how to vote because the two are mutually exclusive; but in market anarchy, because law is polycentric and not monolithic, they are not mutually exclusive so we don’t need to fight nearly as hard for it. There’s a good reason why debates among consumers for products they prefer (Coke v. Pepsi, Apple v. Windows, Android v. iPhone) rarely get as nasty as debates in democratic politics, because there is room for disagreement at the end of the day in a market that there is not in politics.


Clearly, democracy is far from the ideal method of political organization. As classical liberals throughout history have shown, despite the fact that it may be possible to other political forms such as oligarchy and monarchy, it has a tendency towards the tyranny of the majority and massive collective action problems. However, the philosophical aspirations of the most ardent defenders of democracy are still extremely valuable, even if their preferred institutions fail to deliver. Market anarchism is a reasonable synthesis of these two insights; it has the potential to live up to the aspirations of pragmatist democrats without the major, systemic problems of real working democracies that undermine those aspirations.

John Dewey once said “democratic institutions are no guarantee for the existence no guarantee for the existence of democratic individuals,” what is needed is a better set of institutions that have a higher probability to cultivate Dewey’s idea of “democratic individuals.” Market anarchism appears to be a viable candidate for such a set of institutions.

Libertarians and Pragmatists on Democracy Part 3: Pragmatists on Democracy as a Way of Life

eNote: This is part of a series on democracy. It is assumed the reader is familiar with part one, defining democracy, and part two, summarizing classical liberal perspectives on democracy. In this section, we’ll analyze how pragmatists conceive of democracy as a broader philosophy. The final post will argue that a dialectical synthesis of libertarianism and pragmatism on democracy will yield an argument in favor of market anarchy.

As classical liberals have pointed out throughout history, particularly in since the mid-nineteenth century, democracy as a system of political decision-making can be extremely dangerous to individual liberty and social prosperity. It could lead to tyranny of the majority, it may be characterized in practice as the rule of the ignorant and irrational and yield awful policy, and it leads to a reification of the state as the just “voice of the people” which can cause further tyranny. For these reasons, there is a very strong argument from moving away from constitutions which rely primarily on democratic means for decision making for the protection of individual liberty. The natural question is: what is our current democratic regime to be replaced with?

To answer this question, perhaps it is worth examining what is admirable in democracy. Thus far, I have mostly been referring to democracy in the second sense mentioned in the introductory section (henceforth referred to, for want of a better term, political democracy), as a means of political decision making. However, there is also the fourth sense which, although related, is distinct from political democracy which may be called philosophical democracy. To further explore this meaning of democracy, and perhaps give an answer to the aforementioned question, it is worth engaging with the thought of some of the most strident defenders of democracy: the American pragmatists.

Pragmatists on Philosophical Democracy

The writings of John Dewey and Sidney Hook are exemplars of philosophical democracy (though certainly others in this tradition are as well). Dewey, in his 1888 essay “The Ethics of Democracy,” specifically argues against Henry Maine’s view that “democracy is only a form of government.” Dewey explicitly defines democracy as a much broader “way of life,” as he says in his 1937 work “Democracy and Education:”

Democracy is much broader than a special political form, a method of conducting government, of making laws, and carrying on government administration by means of popular suffrage and elected officials. It is that, of course. But it is something broader and deeper than that. The political and governmental phase of democracy is a means, the best means so far found, for realizing ends that lie in the wide domain of human relationships and the development of human personality. It is, as we often say, though perhaps without appreciating all that is involved in the saying, a way of life, social and individual. The keynote of democracy as a way of life may be expressed, it seems to me, as the necessity for the participation of every mature human being in the formation of the values that regulate the living of men together: which is necessary from the standpoint of both the general social welfare and the development of human beings as individuals.

Indeed, Dewey’s emphasis on how democracy allows for participation in the formation of social values is a common thread throughout his entire political philosophy. In his earlier days, he was deeply influenced by the Hegelian notion of society as a “social organism” (although, in his later work he became a bit more cautious about the collectivist and possible authoritarian implications of this doctrine; see his 1939 essay “I Believe”). In 1888, he argued that democracy, by allowing participation of all, “approaches most nearly the ideal of all social organization; that in which the individual and society are organic to each other.” He explains:

In every other form of government there are individuals who are not organs of the common will, who are outside of the political society in which they live and are, in effect, aliens to that which should be their own commonwealth. Not participating in the expression of the common will, they do not embody themselves. Having no share in society, society has none in them.

…The government is not made up of those who hold office, or who sit in the legislature. It consists of every member of political society. And this is true of democracy, not less, but more, than of other forms. The democratic formula that government derives its powers from the consent of the governed…means that in democracy, at all events, the governors and the governed are not two classes, but two aspects of the same fact—the fact of the possession of a unified and articulate will.

Thus, Dewey argues that “Democracy, in a word, is a social, that is to say, an ethical conception, and upon its ethical significance is based its significance as governmental.”

Dewey expands upon the sense in which Democracy is an “ethical conception” in his much later work “Creative Democracy: The Task Before Us,” in which he characterizes democracy as a “personal way of individual life” (his emphasis). In this sense, democracy is not only to be found in institutions but in “free gatherings of neighbors on the street corner to discuss back and forth what is read in uncensored news of the day, and in gathering of friends in living rooms of houses and apartments to converse freely with one another.”

The sense in which democracy is a personal way of life is characterized by what Dewey calls the “democratic faith.” There are two elements to this democratic faith, one is faith in “the possibilities of human nature.” That is, faith that “every human being, independent of the quality or range of his personal endowment, has the right to equal opportunity with every other person for the development of whatever gift he has.” Second, is a “faith in the capacity for human beings for intelligent judgment and action if proper conditions are fostered.” These two faiths combine to make democracy an overarching philosophy that characterized by “belief in the ability of human experience to generate the aims and methods by which further experience will grow in ordered richness.” It can be seen, then, how these faiths may be found in not so much the political institution of democracy but in every day deliberative discussion and face-to-face encounters like neighbors and friends discussing news.

Sidney Hook in his 1938 essay “The Democratic Way of Life” further expands on the ethical character of democracy as a personal way of life. He argues that there are “three related values which are central to democracy as a way of life.” Those are the “belief that every individual should be regarded as possessing intrinsic worth or dignity,” the “belief in the value of difference, variety and uniqueness,” and, to mediate between such values, a belief in “the method of intelligence, of critical scientific inquiry.”

In regards to that last value, it could be said that for Dewey and Hook participatory democracy is not only a “way of life” or an “ethic,” but also a social epistemology. He argues in “Democracy and Education” that, although intelligence is unevenly distributed among individuals, “it is the democratic faith that it is sufficiently general so that each individual has something to contribute and value of each contribution can be assessed only as it enters into the final pooled intelligence constituted by the contributions of all.” He says in Liberalism and Social Action that rapid changes in society “have to be directed” and “controlled that it will move in some end in accordance with the principles of life, since life itself is development.” For Dewey, taking advantage of the dispersed intelligence through the democratic process is essentially the application of the scientific method to political problems. Indeed, the idea of democratic experimentalism comes to the forefront in this philosophical conception of democracy precisely because of Dewey’s epistemological commitments to the scientific method.

Thus, democracy in this pragmatist sense is a personal philosophy and social epistemology that accepts scientific deliberation, humanism, and pluralism as necessary conditions for growth of individuals and society as a whole.

Dewey on Political Democracy

Of course, the pragmatists not only conceived of democracy as a way of life but defended democratic institutions. What is striking about this is how Dewey characterizes political democracy as a means to the aspirations of philosophical democracy rather than an end itself. Indeed, he writes in “Democracy and Administration” that the institutions of political democracy “are not a final end and a final value. They are to be judged on the basis of their contribution to end.” The end here, of course, is the extent to which it allows individuals to participate in the formation of social values and the defense of liberty necessary for such participation.

Recall that in The Constitution of Liberty Hayek also conceived of political democracy as an end, and there is a striking similarity between Dewey and Hayek on this point. One may be tempted to say that the ends they are seeking are entirely different as Hayek is seeking individual liberty. However, this is not necessarily the case, as Dewey argued in Liberalism and Social Action that the end of liberalism is “a social organization that will make possible the effective liberty and opportunity for personal growth in mind and spirit of all individuals.”

To be sure, Dewey’s and Hayek’s conceptions of what constitutes liberty are very different: Hayek specifically cites Dewey as conceptually confusing “power” with “liberty” for accepting a positive rather than negative conception of liberty. For Hayek, liberty simply means “the absence of coercion.” For Dewey, liberty means “the liberation of individuals so that realization of their capacities may be the law of their life.” However, what at first seems to be two contradictory beliefs in liberty are not necessarily contradictory. One may say, with Dewey, that positive liberties are necessary so that individuals may grow in mind and spirit and participate in the formation of social values, but agree with Hayek that a necessary prerequisite for such liberties is absence of coercion. Indeed, this defense of negative liberty for the sake of positive liberty is precisely the stance many modern neoclassical liberals take, most notably Jason Brennan and David Schmidt. Thus, Dewey’s and Hayek’s views on democracy as a means to the end of liberty are quite possibly complementary. (This is not to be confused with claiming they really said the same thing, which they clearly did not.)

Dewey defends democracy as the most effective means to this end on the basis that “no man or limited set of men is [sic] wise enough or good enough to rule others without their consent[.]” Political democracy is understood by the pragmatists, as Sidney Hook says, to be a society “where the government rests upon the freely given consent of the governed.” This consent (which Hook acknowledges is not in complete existence in reality) is given through voting.

Criticisms of the Pragmatist Incorporation of Political Democracy

The pragmatist conception of philosophical democracy is certainly admirable from a classical liberal standpoint. Its emphasis on dispersed knowledge, its call for liberal tolerance of diversity, its humanistic respect for the dignity of every individual, and its use of a broadly scientific (though not scientistic) approach to social issues are all well in line with classical liberalism’s goals. However, clearly the incorporation of political democracy as the political ideal by the pragmatists would irk many classical liberals and especially modern libertarians. In fact, I would argue that political democracy in practice is somewhat antithetical to the philosophical aspirations of the pragmatists.

There are four ways in which political democracy undermines the aspirations of philosophical democracy. First, in no meaningful sense could it be said that political democracy has the consent of the governed. Second, political democracy in practice is in no meaningful sense actually an application of intelligence and the scientific method to political issues in practice. Third, the centralization of political authority and planning in democracies undermines Dewey’s point that intelligence is distributed throughout society (particularly in his extremely interventionist views on economics). Finally, the democratic process undermines the mutual respect of individual human dignity philosophical democracy exalts.

Both Dewey and Hook argue that political democracy’s legitimacy and its epistemic superiority rest on its ability to take the freely given consent of the governed through the electoral process. Dewey is, at best, vague on what this means, but Hook is a bit more explicit in “The Democratic Way of Life:”

In saying that government rests upon the “consent” of the governed, it is meant that at certain fixed periods its policies are submitted to the governed for approval or disapproval. By “freely given” consent of the governed is meant that no coercion, direct or indirect, is brought to bear upon the governed to elicit their approval or disapproval. A government that “rests upon” the freely given consent of the governed is one that in fact abides by the expression of this approval or disapproval.

Hook gives three conditions of how this consent must be reached. First, the method of giving consent must not be obstructed (in this case, free elections without coerced voting). Second, there can be no economic threats to political dissenters, so the economic policy must be controlled through political means. Third, there can be no monopoly in education or the press. I argue, though the third may be reached in political democracy, the first two are nearly impossible to be achieved in political democracies.

On the first point, it is highly dubious that voting is truly a method of consent in the first place. Michael Huemer in The Problem of Political Authority identifies three arguments that are typically given to claim democracy has the consent of the governed. First, “naïve majoritarianism,” which believes that if all vote or have the opportunity to vote in an election the majority has just authority to govern as they please. Second, deliberative democracy, which holds that if participants can publicly reason about their proposals, have an equal voice, and a consensus can be aimed at, the resulting consensus or majority vote is just. Third, equality from authority which holds that treating others as equals means we must respect democratic decisions. Though neither Hook nor Dewey explicitly explain why they think a vote constitutes consent, it is safe to say that their beliefs fall somewhere between naïve majoritarianism and deliberative democracy, thus it is worth rehashing Huemer’s arguments against those views. (The equality argument is mostly irrelevant for present purposes.)

Against naïve majoritarianism, Huemer asks us what if such a principle were applied to everyday situations through a thought experiment of a number of friends trying to decide who pays for the tab in bar. Imagine that, against your wishes, everyone among your friends says they should take a vote on who should pay for the bar tab, and they happen to choose you. Are you morally obligated to pay the tab? Do your friends have the right to forcibly take your money away from you and pay the tab? Our intuition says no and that this isn’t really consensual, so why, Huemer asks us, is it any different with political institutions?

The more interesting argument Huemer takes up is Joshua Cohen’s conception of deliberative democracy, which certainly bears some similarity to the pragmatists. Huemer characterizes Cohen’s notion of deliberative democracy as bearing the following features:

  1. Participants take their deliberation to be capable of determining action and to be unconstrained by any prior norms
  2. Participants offer reasons for their proposals, with the (correct) expectation that those reasons alone will determine the fate of the proposals.
  3. Each participant has an equal voice.
  4. The deliberation aims at consensus, however if consensus is not achieved, it is decided by voting.

First of all, as Huemer notes, there is little reason why deliberation in democratic institutions should legitimize the claim that participants have consented to the results. If we return to the bar tab example, imagine if we just added the stipulation that before the vote was taken everyone gives you reasons and arguments about why you should pay the tab, fail to convince you, and still vote that you pay for it. Nothing changes in terms of your consent to their taking your money. Indeed, the fact that government coercion involves deliberation is irrelevant to whether that coercion was consented to.

However, there is a second reason why the argument for political authority from deliberative democracy fails, and this brings me to my second argument against the application of political democracy for the ends of pragmatist philosophical democracy. Dewey and Hook, as well as Cohen, act as if democratic discourse is actually deliberative as if reasons are actually given, as if everyone participates in the process. Dewey likens this process to the scientific method, holding that it is the “intelligence” that can control and direct changes in society.

This is decidedly not the case in any actual modern democracy. As public choice theorists note, the incentives facing voters is not to apply their intelligence and knowledge to voting, they instead vote as rationally ignorant. Further, contrary to Dewey’s democratic faith in the ability of people to make good decisions voting, they are systemically biased and irrational, as Bryan Caplan argued in The Myth of the Rational Voter. The result is not the controlled, experimental, scientific deliberation and discourse the pragmatists describe, but rule of an ignorant, irrational majority. How one can look at the cacophonic caterwauling in political discourse, the superficial pomp and circumstance of the electoral process, the irrational partisanship that low-information ideological voters possess, and the sensationalism of media coverage and call it “deliberative” or “intelligent” in any sense is quite beyond me. It seems that democracy is more like cheap pornography than science and deliberation, deliberative democracy and intelligence in the scientific method of actual democratic institutions is a myth.

Further, the idea that everyone has an equal say in any existing democracy is, at best, absurd. A fraction of the population votes and their votes are controlled by an even smaller fraction of the population in the press, policy research, and who controls campaign ads. The actual policies are not controlled by elections, but by backroom deals and bureaucracies in modern democracies. As public choice theory teaches us, this makes policy in democracy the whim of special interests who contribute to the politician’s campaigns, who engage in rent-seeking and regulatory capture, not the majority and this certainly undermines the idea that anyone has an equal say in political democracies.

Hook has another condition of consent for political democracies, that there is no indirect economic coercion. He elaborates on this point:

There are less obvious but no less effective ways of coercively influencing the expression of consent. A threat, for example, to deprived the governed of their jobs or means of livelihood, by a group which has the power to do so, would undermine a democracy even if its name were retained. In fact, every overt form of economic pressure, since it is experienced directly by the individual and since so many other phases of his life are dependent upon economic security, is an overt challenge to democracy…Where it cannot influence the expression of consent, it may subvert or prevent its execution. This is particularly true in modern social instruments of production, necessary for the livelihood of many, are privately own by the few…Genuine political democracy, therefore, entails the right of the governed, through their representatives, to control economic policy.

My strong disagreement with Hook here brings me to my third point, that political democracy’s tendencies towards centralization are antithetical to Hook and Dewey’s arguments that philosophical democracy acknowledges and takes advantage of the dispersed intelligence among individuals. Anyone schooled in public choice theory immediately sees the problem with Hook’s analysis that government policy controlling economics is necessary to reduce indirect economic coercion. As the concept of “concentrated benefits, dispersed cost” shows, the reality is that when policy is controlled by the government in democracies a select few special interests have the incentive to use government policy to their ends at the expense of the public good. In other words, what Hook calls “economic democracy” is undemocratic in every way due to the public choice problems embedded in the democratic process for selecting economic policy. Further, Hook’s point about unequal distribution of wealth needing to be subverted by state intervention is far off the mark; that exact state intervention is what causes such centralization of wealth in the first place.

But this brings me to my broader point about how political democracy is inconsistent with Dewey’s assertion that “it is the democratic faith that it is sufficiently general so that each individual has something to contribute and value of each contribution can be assessed only as it enters into the final pooled intelligence constituted by the contributions of all[.]” Political democracy has resulted in the centralization of decision making into ever larger governments by an increasingly elite group of bureaucrats, politicians, and special interests. This is not taking advantage of the intelligent contributions of each individual.

Further, Dewey’s general views on economic policy and favoring for big government that were bordering on socialism at times and were definitely in favor of progressive state intervention, are at odds with his broader epistemic commitments which are closely linked to philosophical democracy. This may be seen by directly comparing Dewey on these points with Hayek.

In a great paper entitled “Hayek’s Challenge to Dewey,” Alan Reynolds points out that both Hayek and Dewey have very similar epistemic views and both derive their political views from their respective epistemologies. However, Hayek’s and Dewey’s respective visions of liberalism are very different. Hayek counts himself in the old classical liberal tradition which seeks limited government to maximize individual negative liberty, while Dewey, despite acknowledging this older liberalism’s success at progress in the past, sees classical liberalism as an obstacle in Liberalism and Social Action and says it should be replaced with a “renascent liberalism” that embraces large government policies to guarantee positive liberties.

Yet, as Reynolds notes, both Hayek and Dewey have similar epistemologies, and his analysis is worth quoting at length on this point:

Dewey constantly argues that the philosophical tradition, starting with Plato but achieving its sharpest articulation with Descartes, portrayed humans as fundamentally rational beings, whose rationality has a single universal structure and is capable of detaching itself from experience to grasp universal truths.  Dewey instead puts forward a radically different view, in which knowledge is fallible, limited, social, embodied, and contextual.  He argues against the “old notion that intelligence is a ready-made possession of individuals.”   This view is a “purely individualistic notion of intelligence” that fails to recognize the social character of intelligence.   Knowledge, for Dewey, is not primarily acquired and developed in detachment from social interactions, but is embodied in them.  We live “in an environment in which the cumulative intelligence of a multitude of cooperating individuals is embodied.”   This means that knowledge is much broader than the articulation of it found in the philosophical tradition.  Dewey’s conception of knowledge, according to Posner, “includes tacit (‘how to’) knowledge as well as the articulate knowledge acquired by formal reasoning and systematic empirical methods, for both are useful.”   Knowledge is not confined to the articulate and explicit, but includes the knowledge weaved into the emotions, common sense, know-how, and intuition.   This broader sense of knowledge is not reducible to the articulate and explicit.

…Hayek’s vision of epistemology similarly deflates the pretensions of human rationality and broadens out our notion of knowledge to include those practical aspects of our know-how that remains unthematized (and possibly unthematizable).  Hayek offers a distinction between two opposing conceptions of “the place which reason plays in human affairs.”   There is the Enlightenment (and specifically Cartesian) view that “assumes that Reason, with a capital R, is always fully and equally available to all humans and that everything which man achieves is the direct result of, and therefore subject to, the control of individual reason.”   In contrast to this rationalist epistemology, he offers what he refers to as his evolutionist, “antirationalist approach,” which “regards man not as a highly rational and intelligent but as a very irrational and fallible being, whose individual errors are corrected only the course of a social process, and which aims at making the best of a very imperfect material.”   Human reason is able to provide the on-the-ground knowledge that helps to navigate particular contexts and situations – and this knowledge will be overwhelmingly what we might call “practical knowledge,” or know-how, which is not easy to formalize into know-that type information.  It is false (and potentially dangerous) to view humans as beings that are specially equipped to access universal truth via universal reason; contrarily, we are creatures that can navigate certain kinds of situations via practical problem-solving.  A great deal of this knowledge is “tacit, inarticulable, and therefore uncommunicable.”   In this view, “man has achieved what he has in spite of the fact that he is only partly guided by reason, and that his individual reason is very limited and imperfect.”   This rejection of Cartesian-inspired rationalism, and defense of an anti-rationalistic, fallibilist epistemology, is central to Hayek’s picture of the individual and the limits of knowledge.

Unlike Dewey, Hayek continually applies this critique of a hyper-inflated view of reason to government policy where Dewey stops short. Hayek’s point that our knowledge is inarticulate, incomplete, and fallible means that no man or group of men possess the knowledge to design an economy. Instead, we must rely on the decentralized decision making of the price system, on the spontaneous order of markets to allocate resources. Any attempts to design, plan, or control an economy are destined to fail due to this fundamental knowledge problem so closely linked to Hayek’s critique of Enlightenment rationalism that Dewey shares. Reynolds comments:

This assumption that socialist planning is possible and desirable relies, I argue, on the following moves on Dewey’s part: (1) Dewey throws out bad Enlightenment “Reason” and puts in its place the notion of “intelligence;” and (2) although “intelligence” does not harbor the pretenses of coming into contact with absolute truth like “Reason” does, it is still powerful enough to be capable of successfully planning and guiding the economy.  While Hayek joins Dewey in step (1) (deflating the pretensions of Reason), Hayek would rightly be concerned with step (2).  For Hayek, the shift from Enlightenment “Reason” to fallible “intelligence” should make us far more skeptical about the possibility and desirability of economic planning.  If Deweyans took Hayek seriously, they might find themselves in agreement with Richard Rorty when he asks the Left to “stop talking about the ‘anticapitalist struggle,’” and content itself with “sticking to small experimental ways of alleviating misery and overcoming injustice.”

It is a little strange, however, that Dewey failed to anticipate this Hayekian challenge. He does acknowledge in Liberalism and Social Action does acknowledge the very Hayekian point that “society in general is served by the unplanned coincidence of the consequences of a vast multitude of efforts put forth by individuals without reference to any social end” as a “new formulation” in classical liberalism. Further, his criticisms of aristocracy and the progressive tendency to over-rely on technocratic experts for government administration come close to Hayekian knowledge problem critiques of socialism at times. However, Dewey’s excessive focus on the historical abuses of early industrial state capitalism blinded him to the potential for markets to be a spectacular coordinating mechanism.

Getting off the topic of economics and back to democracy, it is clear that political democracy’s tendency to centralize everything and apply a one-size-fits-all approach to social problems based off of majority rule are at odds with the social epistemology of Deweyan philosophical democracy.

The final reason why political democracy fails to meet the end of philosophical democracy is it undermines the democratic faith in the dignity of humans, and deliberative discussion and hermeneutical openness to opposing opinions necessary for such a faith. Turn on cable news while covering a political issue or read the comments of the majority of internet political forums and you’ll be hard-pressed to find any examples of people respecting the dignity of “the other side.” Indeed, Jonathan Haidt notes in The Righteous Mind that political discussion tends to go ugly do to the way our minds process morality. Michael Huemer notes just how irrational political discourse in modern democracies can so often get. This bodes ill for any political project that seeks to use outright public debate (as opposed to dialogue) to be “deliberative,” especially pragmatist democracy.

Yet there’s another sense in which modern political democracy completely undermines the dignity of the human person. Modern democracies lead to a false identification of the state with “the will of the people,” a false identification Dewey himself bought in his earlier writings though repudiated after the rise of totalitarianism. Any individual who goes against the state, then, is going against “the people,” all of humanity. Often times, these people are written off with such labels as “unpatriotic,” “irrational,” “anti-democratic” (in the first sense as a meaningless insult) and the sort. That seems completely contrary to respecting the dignity of each individual, and to openness in dialogue and deliberation with other opinions that Dewey wants to embrace.

As we have seen, on almost every aspect political democracy fails to deliver the promises of philosophical democracy extolled by the pragmatists. Dewey himself did acknowledge in a later essay entitled “I Believe” that “democratic institutions are no guarantee for the existence no guarantee for the existence of democratic individuals.” Further, he insists that democratic institutions are a means to the philosophical ends and “are to be judged on the basis of their contribution to end[.]” It seems that it is not inconsistent, in light of recent evidence from public choice theory and experience, to oppose political democracy from a pragmatist perspective yet still embrace Dewey’s broadly “democratic” philosophical commitments.

Of course, Dewey would reject completely separating the means of democracy from the intended ends. As he wrote in an essay called “Democracy is Radical,” “The fundamental principle of democracy is that the ends of freedom and individuality for all can be attained only by the means that accord with those ends.” Further, he was immensely critical of Trotsky and revolutionary radicals for their attitude that the means justify the ends.

What is needed, then, is an alternative set of political institutions to democracy that can approximate the pragmatist philosophical aspirations of humanism, pluralism, open dialogue and serious scientific inquiry that are also consistent with individuality and liberty. In the next post, I will argue that this set of institutions can likely be found in market anarchism with a polycentric legal system.

Another unintentional argument for Hayek’s spontaneous order

The institutionalization of the Standestaat did not proceed smoothly. It was the result of almost continuous internal and interstate conflicts. Its ultimate beneficial results in strengthening the independence of towns and in providing a legal-constitutional basis for state power were neither anticipated nor necessarily desired by many of the participants in the conflicts, who would have preferred to gain absolute power. But benefits there were: Arbitrary government power was reduced; separation of powers between church and state were formalized; disruptive local feudal lords were controlled; highly specialized legal codes to regulate economic and fiscal exchanges were developed; and finally there began to emerge a loyalty to state structures which went beyond faithfulness to any particular king or ruling house. (186)

This is from sociologist Daniel Chirot’s 1985 article (pdf) “The Rise of the West” in the American Sociological Review. Hayek is not cited in the bibliography. I am reminded of this old tweet by economist Bill Easterly…

NOL Foreign Policy Quiz, Part One

The goal of this post is to discuss the purpose of a NOL Foreign Policy Quiz. It is the first in a series of posts discussing the details of how to actually devise and distribute this quiz. Reader input is encouraged.

The Nolan Chart is a short political quiz developed by David Nolan, the Libertarian Party founder. The Nolan quiz plots individuals along two axes, asking them their preferences towards issues of personal and economic freedom (both Rick and Warren have blogged about the Nolan Chart here at NOL, too). Libertarians are those individuals who favor both personal and economic freedom.


The benefit of the Nolan Chart is that it moves us away from the left–right spectrum and towards a two-dimensional understanding of politics. The limitation of the Nolan Chart is that it only views politics through these two limitations. The Nolan Chart at best tells us what end policies we favor, but it fails to address how to achieve these goals.

This is problematic, as even political groups that agree on end goals differ substantially on how to best achieve them. Among libertarians, the largest debate is probably between those who believe a minimal state is needed (minarchists), and those who believe no state can be tolerated (market anarchists) to achieve maximum liberty. There is also, to a lesser extent, a debate on the form of government* and foreign policy.

It is possible to be a libertarian and believe that monarchy is superior to republicanism or democracy in upholding the law and maximizing liberty. Likewise, it is possible to be a libertarian and desire an active foreign policy beyond promoting free trade agreements. I know that I stir controversy with my latter comment, but give me a moment to defend it.

The standard libertarian foreign policy is one of non-intervention. It is a policy of wishing to sever military ties with foreign nations and instead promoting free trade with all. It is a policy consistent with the non-aggression principle.

However, this standard policy is not the only policy consistent with libertarianism. It is possible to believe that, although the loss of any human life is horrible and that the state is illegitimate, the best option to minimize human life and protect liberty is to attack, embargo, or annex another state.

I do believe that there are several tests that must be met before one adopts a foreign policy beyond the standard libertarian creed. Specifically:

  1. Loss of human life and liberty must be weighed for both sides.
    1. Discounting should not occur on national basis.
  2. All reasonable peaceful solutions must be acted on beforehand.
  3. The long-term consequences of the action must be considered and weighed for both sides.

Additionally, if actions are taken, then all precautions must be taken to minimize loss of human life and liberty on both sides.

Minarchist libertarians may see the state as a tool to maximize freedom, but I do not believe this grants them the authority to kill others. There may be a scenario where the murder of one man is outweighed by it leading to the protection of ten men, but the one man has still been murdered and his death must be felt as a regrettable action. The value of a man is not dependent on whether he was born in New York City or Tehran. A libertarian cannot be a jingoist.

At no point may a foreign policy action be taken if a reasonable peaceful action is still available. If a man enters your home with a gun and clearly intends to harm you, by all means it is justified to attack him, even if he has not yet shot or aimed at you.

And finally, the long-term consequence of a foreign policy action must be considered. Even if the first two rules are met, if there is not a long-term plan that is likely to succeed, no action should be taken.

For a long time, I wrestled with my stance on the Iraq war. I believed in the past that the first two requirements had been met and that the US invasion of Iraq was justified despite the loss of life and liberty on both sides. The Iraq war did not, however, meet the third hurdle. There was no viable long-term plan, and the latest consequence of this is the rise of ISIS and other militant groups in the MENA region.

Meeting these three conditions is difficult, but possible.

For example, I believe that expanding the US to include South Korea and Japan would be a proactive foreign policy stance consistent with my the rules I outlined above. Such an expansion would harm Okinawan residents, whose land is currently used for US bases. Such an expansion would also lead to retaliation from the PRC and North Korea. It would, however, lead to a net win for liberty. South Koreans and Japanese residents would have a stronger defense against a rising PRC seeking to dominate the region militarily. US residents would benefit from having defense costs, both in monetary and human life terms, more equitably shared. Although I am hopeful the PRC will liberalize in the future, its actions towards Hong Kong makes me doubtful that that will occur in the foreseeable future.

It is possible that I am wrong of course, and that adding South Korea and Japan would lead to a great loss of life and/or liberty. I am still a libertarian, however. I am not discounting the lives or liberty of non-US residents. I am not ignoring another peaceful solution – the current foreign policy scenario in East Asia is not sustainable for much longer, the PRC has clear intent to assert itself in the region, and it’s extremely doubtful that it will liberalize in the foreseeable future. I am considering the future: the PRC and North Korea are sure to retaliate, but I do not see either of them going to war over it. I do see the PRC being more likely to go to war over annexing Taiwan, even if not immediately, or otherwise I would promote Taiwanese annexation as well.

Hopefully I have successfully shown that it is possible to be a libertarian and favor a policy beyond the standard libertarian foreign policy. In which case, there is merit in discussing foreign policy beyond this standard.

There have been proposals to incorporate a foreign policy dimension to the extant Nolan Chart, but these proposals take it for granted that a non-interventionist policy is the only libertarian prescription. Over at FEE, Richard Fulmer proposes the following five questions:

  1. The United States should cease serving as the world’s policeman.
  2. The United States should not engage in nation building.
  3. The United States should not pledge to defend other countries.
  4. The United States should withdraw its troops currently stationed around the world.
  5. U.S. foreign policy should not be tied to that of the United Nations.

Unless one believes only a non-interventionist foreign policy is compatible with libertarianism, it is clear that these questions are insufficient. They also highlight that a NOL foreign policy quiz should seek to complement, but be independent of, the Nolan Chart. Otherwise, any attempt to add a foreign policy dimension will end with in fighting over who is a libertarian and who is a statist.

Again, the standard non-interventionist libertarian foreign policy view is a consistent and legitimate view point. It is however possible to favor foreign policy interventions under certain conditions and still be a consistent libertarian.

In the next post I will be proposing the foundation for a NOL foreign policy quiz.

Foot Notes:

*Even market anarchists who reject the need for a state debate on what type of organizations would exist and how the law would operate. For example, Murray Rothbard’s early vision for market anarchism presumed that a unitary law would exist, and that private defense associations (PDAs) would compete to best to carry out this unitary law. This unitary law would be based on ‘natural law.’ David Friedman’s vision for market anarchism does not presume a unitary law, and instead imagines competition for the law, as opposed to competition for the application of the law itself. My understanding is that there are also Rothbardians who have moved away from PDAs and towards dispute resolution organizations (DROs). It has been quite some time since I actively followed this debate among market anarchists, so I will defer to anyone who has more up-to-date information.

Further Reading:

Ian Bremmer’s American Foreign Policy Quiz [NOL Post] – The post that initiated the idea of a NOL Foreign Policy

A Three Dimensional Nolan Chart Extension Focusing on Form of Government (e.g. Anarchy v. Monarchy)

What is the proper role of government? Galactic Edition

Mordanicus of Fascinating Future, a sci-fi blog, is musing over the purpose of galactic government. As Mordanicus points out, galactic empires are a staple of science fiction. They can be found in the Star Wars, Star Trek, Dune, Firefly and Foundation universes.

…the feasibility of a galactic empire is questionable.

In Asimov’s description of the galactic empire, it consists of 25 million inhabited planets and 500 quadrillion people, 20 billion per planet on average. It is hard to even imagine a planetary empire, and no such thing has ever existed in human history, let alone such enormous empire.

The fundamental issue with an empire of this size is effective control by the central government. Its sheer size makes it inevitable to delegate many administrative powers to “local” planetary official. But the more power is transferred to individual planets, the less power remains with the central government. The question is then what is the proper function of the imperial government?

What is the purpose of these empires though? In those sci-fi universes with aliens these empires serve some defensive role for our Milky Way galaxy, but in many sci-fi universes there is no clear visible external threat.  What is the purpose of the empire then? Or is it simply a way for wealth distribution by those living in the Saturn beltway?

I personally view merit in a galactic empire if it were able to maintain internal peace. I have no doubt that in a space faring civilization there will be pirates and I believe that there are economies of scale in galactic trade route policing.

There is also merit in an empire that can keep rogue planetary governments in check. A galactic empire would be restrained in its ability to govern on its own given the largess of space and would need to delegate many functions to different layers of government. An empire would however still serve as a last layer of resort for those petitioning against their planetary government.

What about NOL readers? Are you convinced that space piracy warrants an empire? Or would a space faring civilization be better government by planetary or sub-planetary governments?

Read the full post from Mordanicus here.

How to split up California?

The idea of splitting up California has been previously discussed on NOL (see here, here, and most recently). In this post I wish to consider how California could be split up.

California has a large population of 38.8 million. For comparison Canada has 35.1 million residents distributed among its 10 provinces and the New England states house 14.7 million yankees in six states. With such a large population it is not surprising that the state has several regions with distinct cultures. This in itself is not sufficient merit to split up the state. One of the wonders of a liberal republican form of government is that diverse populations can coexist so long as they are treated equally before the law and have the freedom to exercise their various cultures. The problem is when these cultural differences lead to different public policy demands.

Consider for example the issue of abortion. In most matters of religion it is sufficient to allow different faiths to practice their beliefs so long as they keep to themselves. Why should non-Jews care if Jews must follow kosher dietary restrictions? The same cannot be done with abortion though. Those who believe, often due to their religious inclinations, that abortion is murder cannot tolerate its practice among those of other faiths or atheists. What is to be done?

One option would be to break up California. Although those on both sides of the abortion debate exist across California, there is also quite a bit of spatial correlation. See here. The Central Valley and Inland Empire counties both have significant portions of their populations favoring abortion limitations. Both regions also have low support for same sex marriage, see here, so it is safe to assume that their cultural differences with the rest of California is not on just one issue but several important public policies.

I would caution those who propose splitting up California between its inland and coastal regions. Both the Central Valley and Inland Empire may be culturally conservative, but the inland northern counties do not seem to fall in line. Nor would I recommend the Coastal/Inland split for those concerned about partisanship, see here. The San Francisco Bay Area, Northern Coast and Los Angeles are liberal strongholds but the Central Coast and Orange-San Diego region aren’t.

Similarly a North/South split would do little to help address regional cultural differences. The North/South split would usually split the state apart at San Luis Obispo-Kern-San Bernardino county lines. This would lead to the conservative Central Valley being lumped into the same state as ultra-liberal San Francisco. Meanwhile the Inland Empire and Orange-San Diego counties would find themselves sharing a state with blue Los Angeles.

What would be a good split then?

I personally favor the creation of four new states. Jefferson (the northern coastal and inland counties), San Francisco (the bay area states), Los Angeles (LA County), Central Valley (everything between Fresno and Bakersfield roughly) and the rest of southern California.

Given that any division would have to be approved by Congress the new states of Jefferson, San Francisco, and Los Angeles would have to be gerrymandered in such a way as to ensure they are blue states and maintain as many electoral votes from old California as possible. The Central Coast would likely be gobbled up between LA and San Francisco.  This gerrymandering would be needed to get Democrat votes who would otherwise be against losing all those electoral votes. Although Democrats would get two more seats in the Senate the Republicans could favor the deal in order to sweep extra electoral votes from the Central Valley and Southern California.

Although the split would be less than perfect, it would still grant greater say over public policy to the conservation counties.

Thoughts? Further maps on Californian public policy opinions can be found here.

P.S. In regards to the water issue, I like to think that the split of California would lead to a revision of the Colorado River Compact and related laws in order to create a more market oriented process for water allocation. I can dream can’t I?

BC’s weekend reads

  1. Bohumil Hrabal: the life, times, letters and politics of a Czech novelist
  2. What Davos Missed by Excluding North Korea
  3. The Rise and Fall of the Soviet ‘Death Star’
  4. Searching for Vadim Kozin, the Soviet tango king
  5. Are we likely to see new nation-states emerge this century?
  6. Historical Methodology and the Believer (of Islam)

From the Comments: A libertarian solution to Daesh (ISIS/ISIL) and the civil war in Syria

I have 3 scenarios in mind, and multilateralism is a must for all of them. 1) I’m still a proponent of recognizing the separatist aspirations of Mideast factions and introducing new, smaller states into the international order (haphazard though it may be). This was done after WWI but in the wrong manner. There was an international element to it then (UK, France, etc. working together), but there were also representatives of various Mideast factions at the table and they were ignored (the reasons why are many and I won’t delve into them here). This time, placing those Mideast factions on an equal footing with Western players (and Russia) is a must for things to work out.

2) North America has to perform a delicate balancing act now that Ankara screwed up. NATO has to stand strong against Putin’s public condemnations and tough talk and back Turkey in all public and behind-the-scenes forums. At the same time I would use Turkey’s mistake to initiate a new state in the Kurdish region, one that is not explicitly Kurdish of course but one that encompasses most of the Kurds in Syria and Iraq. Use the UN Security Council to do it; exploit Putin’s anger and get him to renege on his policy of not recognizing separatist aspirations because of the sovereignty argument. Then get him to recognize that a new state in the Kurdish region (that doesn’t change Turkey’s current borders) is more than enough revenge for shooting down a plane.

3) North America should get out of France’s and Russia’s way in Syria for the time being (this should be done in tandem with the diplomacy I advocate above). Let them work together and let off some steam. The two of them, with Assad’s help, might be able to destroy ISIS (neither Russia nor France is as careful as the US when it comes to civilians, and in this scenario their ruthlessness might be a plus for long-term peace; the fact that the US won’t get blamed for the violence is a big plus, too). Assad would then be able to stay in power, but this is a big MAYBE and he will have lost the the Kurdish part of the state (remember Russia helps with Kurdistan becoming a reality because it angers the Turks). With hundreds of thousands of dead people from all over the world and millions of displaced people, Assad’s record of incompetency will most likely force the French and Russians to find a way to push him out of office and usher in a new strong man (only a strong man can govern a state like Syria). While Paris and Moscow search for a strong man, the West should continue its policy of recognizing regions that want out of Damascus’s orbit; keep Russia in the loop on this. By the time Paris and Moscow find a new strong man, what’s left of Syria might actually be able to hold elections and have a government that is constrained by a constitution and the strong man won’t be needed.

3b) ISIS in Iraq: Recognize ISIS’s territorial claims in Iraq (the ones that don’t overlap with Kurdistan’s, of course). That’ll force it to actually govern and will bind it to international law. We’ll see ISIS quickly collapse, and in its place will be a small country that is war-torn but with manageable problems (unlike in a large state like Iraq). This new country would be free to join up with Baghdad again or it could choose to go its own way. There would be at least three states in what is now Iraq, a big step forward in a world that is more interconnected economically and thus less in need of a big bad military to fight massive, bloody wars over territory.

(I’d be happy to argue with others about how libertarian my argument is, too.)

This is from yours truly, in response to a question from Professor Amburgey about libertarian foreign policy. Is this feasible? Absolutely. Is it likely? No, but when has that ever stopped libertarians from using logic and history to debunk statist fantasies?

Libertarians try to build off of the individual when it comes to policy, which means their policies are going to be both internationalist and skeptical of the state’s ability to accomplish an aim. I think my short answer in the threads does this in a mostly competent manner. It’s a multilateral approach which eliminates any ‘central planning’ aspect, and it acknowledges both the process of the rule of law (however haphazard it may be) and the inability of large states to govern populations competently (thus my argument for decentralization – through the legal process).