Libertarianism and Psychology

by Fred Foldvary

Recently there have been a stream of negative critiques of libertarianism. All of them are misunderstandings.  It seems that these critics are just dressing up their antagonism with pseudo-scientific textiles.

The latest attack is in Psychology Today. Peter Corning, Ph.D., asks and answers “What’s the Matter with Libertarianism?” under the rubric “The Fair Society.”

He says, “The libertarian model of individual psychology is grounded in the utilitarian, neo-classical economics model of ‘Homo economicus,'” by which he means selfish economic man. Corning provides a couple of quotes by Nozick and Dawkins, but no general evidence that such is the viewpoint of most libertarians.  Is there a survey?  Is there  inductive logic leading to this conclusion? No, there is nothing. And this is supposed to be a scientific finding of a scholarly psychologist.

He cites the Wealth of Nations by Adam Smith, but is evidently unaware of Smith’s other book, The Theory of Moral Sentiments, in which Smith explained the other human motivation, sympathy for others.  Most libertarians that I know personally or from writings believe that it is quite good to be benevolent.

Perhaps Corning is confusing libertarianism with an extreme version of Randian Objectivism. He cites Ayn Rand as writing “Man’s first duty is to himself.”  But libertarian philosophy posits no such “first duty.”  The only libertarian moral duty is to avoid coercive harm to others.

Some libertarians are “anarcho-capitalists” who seem to envision an atomistic society of individuals contracting with protective agencies.  But libertarianism includes the communitarian vision of consensual communities with collective goods.

Corning claims that “libertarians generally have no model of society as an interdependent group with a common purpose and common interests.”  But no libertarian denies that society is interdependent. What is denied, and properly so, is that all the persons in a country have some common purpose and interests.  A multicultural society such as the USA consists of many interests, sometimes in conflict.  The interest of a thief clashes with that of peaceful victims.  If libertarianism is applied to society, the diverse interests can co-exist, the rule being that one may not force one’s interests on others.

Corning then notes that corporate interests sometimes perpetrate malfeasance. Yes, and if they commit fraud, that is theft, and libertarian policy would be to punish this.

He writes, “our first collective obligation is to ensure that all of our basic needs are met.” Now we see his political agenda.  Corning is a statist collectivist who favors the governmental welfare state. There is no abstract moral collective obligation. All obligations are individual. There can be a group with a mutual contract that then creates a collective obligation, but only from individual delegation.  As to basic needs, libertarian policy enables people to apply their labor and keep all the wages from that, which enables them to provide for their needs.  It is today’s statist restrictions and taxes that deprive workers of the ability to obtain their needs.  The few adults unable to work would get charity. The mass poverty of today is caused by government, not by the non-existent free market.

Evidently Corning believes that a libertarian world would be too selfish to care about the few who fall into misfortune.  But there is no evidence that greater freedom results in greater selfishness in the sense of not caring about others.  So here we have an article that seeks to apply psychology to an ideology, but with no evidence and with flaws in logic.  Psychology here is being applied as a cover for ideological views.  Has this been peer reviewed, or are the peers just as biased and lacking in scientific principle?

Internal Revenue Service Even Handed After All

Liberal commentators in all media and even on this blog have been eager to announce that the IRS was an equal opportunity offender between Left and Conservative groups and that, therefore, there is not much of a (new) scandal attached to the IRS.

Peggy Noonan resets the clock in her column of Wall Street Journal of 6/29/13. (All boldings below come from me.)

According to a House Ways and Means Committee source , only seven (7) cases of the 298 cases flagged by the IRS for extra scrutiny appear to represent progressive causes. Not one of the seven was subjected to harassment and abuse. Of the seven, only two were sent follow-up questionnaires after their application for tax-exempt status was received […] And all seven saw their applications approved […]

The “source” was not identified by name. Want to bet it does not exist?

[…] Russel George, the Treasury Inspector General whose audit broke open the scandal answered Rep. Sander Levin’s charge that the audit had ignored the targeting of progressives (by the IRS, bolding and comment mine) […]

The evidence showed conservative groups were singled out by the IRS, not liberal groups. While some progressive groups may have ended up on a BOLO list, the IRS did not target them. We did not find evidence that the criteria you (Rep. Levin), labeled “Progressive” were used by the IRS to select potential political cases during the 2010 to 2013 time frame we audited. One hundred per cent of the groups with “Tea Party,” “Patriot,” or “9/12″ in their names were given extra scrutiny.

Soon, very soon, the Internal Revenue Service will withdraw its apology for misdeeds it gave about two weeks ago precisely for persecuting, treating unfairly conservative-sounding groups. Right?

I wish the liberal deniers on this matter were cunning and twisted rather than something else. It’s easier to deal with conscious dishonesty than with the alternative. Many 1932 Germans were also not twisted, not consciously dishonest; they just would not see the evidence of their eyes.

Edward Snowden is a Commie

So says Max Boot at Commentary, a neoconservative publication that specializes in lies and slander to further the imperialist cause (there is, if you think about it, no other way to further a cause such as theirs). No, really, read it yourself.

Boot tries to pretend that the NSA was only spying on citizens of foreign states, rather than on Americans, but this is laughable on its face, especially given the recent IRS scandal (where an august body of bureaucrats charged with collecting taxes suddenly finds itself targeting conservative political groups during a close presidential election season).

I’ve read elsewhere that Snowden was inspired by Ron Paul. If this is true, then Ron Paul is even more of a bad ass than I thought. The only people on my campus who do not like Ron Paul are hardline Democrats and hardline Republicans. But just think: very few young people identify with a specific political party. The reasons for this vary, but for the most part young people are much more independent thinkers and have yet to enter the workforce. Once they enter the workforce, of course, they will begin to vote for a party line, but kids in college who already identify with a political party tend to constitute tomorrow’s fascists: they are condescending, gullible and believe that the political system is the best way to change society for the better.

American imperialism is dead. Once the Obama administration begins arming al-Qaeda, and the media begins to really throw Obama under the bus, the idea that US government can magically make the world a better place by bombing, arming and invading other countries will find its rightful place in the dunce’s corner of American politics once again. In the mean time, we need more heroes like Snowden to expose the horrific abuses of liberty that Washington has been pursuing under the guise of wars on terror, drugs and poverty over the last half century.

Libertarian Countries and Libertarian Societies

by Fred Foldvary

Michael Lind in the 4 June 2012 salon.com in his article “The question libertarians just can’t answer,” asked, “Why are there no libertarian countries?”  One answer is simply that there are very few pure libertarians. But another answer is that most folks are libertarian enough that they establish libertarian societies, by which I mean not just organized clubs but also informal social gatherings and happenings.

The essential libertarian proposition is “live and let live.”  In a libertarian society, there are no restrictions on peaceful and honest human action.  Most people believe that it is morally wrong to coercively harm others, and they have been brought up to have some sympathy for others, so that they don’t want to hurt others.  Therefore most gatherings such as concerts, athletic events, and street traffic is peaceful. Thus much of the world operates in a libertarian way, without governmental direction. If you host a party in your house, you seldom need a government official there to keep the peace.

This social libertarianism has limits, as those who do not conform to cultural standards such as dress codes would encounter some intolerance.  Nevertheless, there is an almost universal agreement that assault and theft are evil, and a widespread aversion to such anti-social behavior.  When most folks are pro-social in their behavior, they demonstrate a wide and deep level of libertarianism.

Why does the US government impose restrictions such as prohibiting trade with Cuba?  Most Americans probably favor free trade with Cuba. But a minority special interest opposes trade with Cuba and has the political clout to stop it. So the basic reason why the US does not have full freedom is the inherent dysfunction of our system of selecting the chiefs of state. That system is mass democracy.  The failures of mass democracy have been documented and analyzed by the branch of economics called “public choice.”

The two basic reasons why there are no libertarian countries are:

1. Very few people understand or even know about the ethics, economics, and governance of pure liberty.  Pure freedom is not taught in schools, and it is not in the predominant culture.

2. Mass democracy enables special interests to skew policy that favors a few at the expense of the many.

However, the general concept of “freedom” and “liberty” is universally admired.  People have a genetic dislike of being controlled. But their moral views have been skewed by thinking their religious and cultural views are universal.  Ignorance is therefore the ultimate reason why libertarianism is not more widespread.

In another essay on 13 June 2013 Lind says, “Grow up, Libertarians!”  It shows that Lind does not know the meaning of the word “freedom.”  He writes that fighting evil requires limiting the “freedom of employers to buy and sell slaves.”  He has a physical definition of “freedom,” rather than the ethical meaning of there being no restrictions other than on coercive harm to others.  The ownership of a slave is not ethical freedom.

He then says that libertarians propose “the replacement of all taxes by a single regressive flat tax that would fall on low-income workers.” Anyone who advocates such as tax is not a pure libertarian. Lind confuses libertarianism with conservativism.

Michael Lind concludes with the statement, “libertarianism as a philosophy is superficial, juvenile nonsense.” Wow – perhaps he has never read freedom philosophers such as John Locke, John Stuart Mill, Herbert Spencer, and John Hospers. We need a serious explanation of why the basic libertarian idea – live and let live – is superficial nonsense.

There seems to be a simple explanation for Lind’s views on libertarianism – he simply does not understand it.

Impeach James Clapper

It’s very simple. The Director of National Intelligence needs to go. He lied to Congress about the NSA’s totalitarian PRISM program. That’s as serious and subversive a lie as can be told to Congress about any topic. It’s exactly the kind of official misconduct that the impeachment process was established to check and punish.

I encourage those of you who agree that Clapper should be impeached to reblog what I’ve written, either verbatim or modified as you see fit. So far, there has been a strong and encouraging grassroots response to the White House petition to pardon Edward Snowden, a fair amount of it from latent civil libertarians who have been shocked into engagement by the egregiousness of what Snowden has exposed. A campaign to impeach Clapper, whom Snowden’s leaks have exposed as a liar, would dovetail perfectly with the one to pardon Snowden. Clapper has already provoked a number of members of Congress with his lie about PRISM, so timely pressure from constituents could be what it takes either to pressure him out of office or to get him formally removed.

A couple of side notes on the official reaction to PRISM (the metadata, if you will):

1) Rudy Giuliani offered a cretinously jingoistic defense of Clapper in an interview with Greta Van Susteren last night (6/11), premised largely on Clapper’s distinguished service as a military officer, the underlying ethics being that we dasn’t criticize the troops. It’s worth noting that by that standard Edward Snowden would also be shielded from all criticism, although perhaps less fully shielded since Clapper had the patriotism not to truncate his military career by breaking both legs in a special forces training accident. It goes without saying, but shouldn’t, that one doesn’t hear this sort of defense offered on Bradley Manning’s behalf, and not just because he’s a young grunt. Nor does one hear it made in defense of Robert Bales or Nidal Hasan, except perhaps by their defense attorneys, because it would sound absolutely absurd to say such a thing about someone under court-martial for mass murder. I submit that it’s no less absurd or evil when said about a spook who has been caught lying to Congress about a totalitarian eavesdropping program.

The interview got weirder than that. When Van Susteren confronted Giuliani with a chronology of Clapper’s evasions, Giuliani suddenly changed tack and accused Clapper of being a loose cannon for not having formulaically stated that he could not answer the question or offered to answer it in closed-door session. By mayoral fiat, an esteemed officer and gentleman was turned into a blithering fool who didn’t know when to keep his mouth shut. This makes the notion of Giuliani as some sort of mobster at least look plausible.

2) This vile mashup of pop psychology, pop sociology, generational smears, class snobbery, and milquetoast despotism is bad even by David Brooks’ usual standards.

Optimism and Despair in a World of Injustice

The infamous development economist William Easterly recently tweeted that writing about spontaneous order without citing Friedrich Hayek is now “mainstream cool,” while writing about spontaneous order and citing Hayek makes one an ideological extremist. This biting critique of intellectual discourse, a mere 140 characters long, does more than just expose the drastic ideological shortcomings of the modern Left. It highlights the endlessly interesting obstinate ignorance that collectivists of all stripes have historically displayed toward the basic theoretical and moral insights advanced by libertarians.

In a recent Freeman essay by anthropologist Mike Reid, a pattern similar to the one noticed by Easterly emerges in the actions of central planners aiming to preserve the cultural heritage of a number of ethnic groups that have been deprived of their property rights by the very governments now looking to preserve their cultures for them. Reid takes examples from India and Canada and finds that the logic of preserving a specific culture does not hold up to scrutiny.

On the policies of the government of India, Reid writes: Continue reading

The IRS Crimes: a Gift from Providence to Libertarians

Anyone who has libertarian sentiments, in the Libertarian Party or outside of it, in the Republican Party, or elsewhere; anyone who sees himself as supporting the non-existent, imaginary “Tea Party,” is familiar with the difficulty of explaining even basic libertarian principles. There are three problems:

First, most people are lazy, especially when it comes to re-examining the creeds they absorbed in childhood or youth.

Second, libertarianism is paradoxically too familiar to draw interest. It’s more or less what you learned in high school about the work of the Founding Fathers. (Digression: It’s more interesting for immigrants like me than for the US-born precisely, because we had no superficial exposure to it at the time we had acute testosterone poisoning.)

Third, libertarianism is not sexy. It does not enjoy the emotional ease of access that big words procure: “Revolution,” “Justice,” “Fairness,” “the Future.” In other words, it’s not a cartoon; it ‘s not a reality show; it’s not a vampire movie. It’s an intellectual stance for adults only. Tough call!

Sometimes, though Providence throws us a lifeline. Now is such a time. A libertarian Hollywood scriptwriter, if there were one, could hardly come up with a better script than the current controversy regarding the IRS role in singling out conservative organizations, in persecuting them, in forcing them illegally and immorally to disgorge private information about opponents to the Obama administration. Or about imagined opponents.

The IRS storm happens at the same time as other Obama administration discrediting events:

It is trying to convince America that it did not deny protection to the assassinated Americans in Benghazi, Libya, and that it did not subsequently lie about what happened;

It is imposing on all American universities restrictions on free speech unheard for centuries in the Anglo-American legal tradition. (See Greg Lukianoff in the Wall Street Journal of 5/17/13);

It is attempting to justify spying on journalists on the basis of an unknown national security risk. (It might be justified. There are tried ways to convince the nation that the spying was justified. President Obama shows no intention of using them as I write.)

As far as the IRS persecution of Obama opponents, in my mind, it’s not a question of who is getting fired or of “who is going to jail.” Punishment of the more or less guilty would be low on my agenda. There is a more fundamental problem that is being pushed aside in televised congressional testimonies and in most of the printed press (I think. I welcome corrections.)

Given that the IRS exists as a very powerful, autonomous, large government organization of ordinary but overpaid people, with a proven capacity to hurt large numbers of citizens, it was bound to happen.

That the IRS is a government organization matters a great deal because , in practice, such organizations enjoy immunity from lawsuits. They exist beyond the reach of the arm of the law. But the rule of law is what largely defines civilized societies, of course. Such organizations as the IRS thus tend to pull us back toward a lesser state of civilization. That’s true irrespective of who is president and, to an extent, independent of which party is in power. If you have a famished and crazy dog chained in the backyard, you should not reassure yourself that everything is under control because it’s your house, not that irresponsible, other guy’s house.

It’s true that the IRS crimes now being discussed were somewhat more likely to take place under a Democrat administration. First, the Fascist current runs deep in the middle of the Democratic Party river. It’s the party of Roosevelt, who classically, used war to place as much of the American production apparatus under federal government control as he could reach (even artists). Second, the Democratic Party was the Party of Birmingham’s Bull Connor, of his attack dogs and of his water hoses aimed at peaceful black demonstrators. The Democratic Party is also most closely associated with labor unions, some of which (not all) have a history of thuggery extending a century or more.

The Republican Party, on the other hand, is not sinless but it carries in its veins an instinctive mistrust of government power which serves as some protection though as minimal protection. The rank-and-file Republican is much less likely than his Democrat counterpart to assume that anything is correct just because the government is doing it. Nevertheless, frankly, is there anyone who would assert with a straight face that the currently revealed IRS misdeeds would never happen under a Republican administration?

The truth now staring us in the face is that a free society simply cannot have in its midst a monster such as the IRS (described above). It should not be allowed to arise. If its exists, it should not be allowed to grow (as with the Obama administration giving it big additional responsibilities within Obamacare). Such a government bureaucracy should be given practically no discretion, no power to pass judgment without at least close judiciary monitoring.

How about collecting taxes for freeways, some will say? Supposing it has to be the federal government’s task to build freeways (just supposing) and to perform other necessary functions, it should be done with a simple flat tax allowing no deductions. It should be a low tax of 15% of gross income or less. (I live within my means; so can the government learn to do.) Federal tax collection would look like this.

You would receive a short postcard saying:

“1. Your income last year was___.

2. Send 15% (or less ) of that amount.

Thank you.”

Tax cheaters would have to deal with the local sheriff who would be paid a flat fee for each recovery.

Unrealistic? How about our existing system, is it realistic?

Genocidio(s) y modernidades múltiples

2011-08-19_2pm_FreedomLab

La tipificación del delito de genocidio por el derecho internacional -occidental y dominante- en Guatemala es un delito que comprende los actos de

“quien con el propósito de destruir total o parcialmente un grupo nacional, étnico o religioso efectuare cualquiera de los siguientes hechos: 1.- Muerte de miembros del grupo. 2.- Lesión que afecte gravemente a la integridad física o mental de miembros del grupo. 3.- Sometimiento del grupo o de miembros del mismo a condiciones de existencia que pueda producir su destrucción física, total o parcial. 4.- Desplazamiento compulsivo de niños o adultos del grupo. 5.- Medidas destinadas a esterilizar a miembros del grupo o de cualquiera otra manera de impedir su reproducción.”

Este delito sin embargo ha sido sujeto a interpretaciones por distintos grupos que buscan adaptarlo al contexto histórico, social, político y económico de los distintos pueblos y naciones, y de las distintas posturas -emic o etic- de estudio del mismo.  Así, algunos autores explican que el genocidio no es una definición legal hegemónica, occidentalizada y dominante no sujeta a distintas lecturas sino que es un término construido por un pueblo -el dominante occidental- para historicizar eventos del pasado y que, el mismo, puede y debe ser denunciado -del inglés contested- por las víctimas y pueblos no hegemónicos.   Resultando así, en que esta definición pueda y deba estar sujeta a distintas evaluaciones del delito por las víctimas, por sus ejecutores, por sus historiadores -emic y etic- y por sus juzgadores -emic y etic-.  Así, dependiendo del sujeto que lo evalúa y/o de las víctimas cualquier acto podría ser o no juzgado como un delito de genocidio en contra de pueblos y naciones minoritarias y no hegemónicas.  En cierta manera, esta fue la postura tomada por los compiladores del informe de la Memoria del Silencio de la Comisión para el Esclarecimiento Histórico (CEH) y finalmente, constatada  el viernes pasado, 10 de mayor de 2013, con la histórica sentencia que emitió el Tribunal Primero A de Mayor Riesgo contra Ríos Montt, de 86 años, responsabilizandolo por la matanza de 1 mil 771 indígenas durante su régimen de facto entre 1982 y 1983.

Así, unos argumentan, las estrategias de guerra empleadas en la lucha armada contra un grupo de insurgentes por el ejército de Guatemala fueron percibidos por sus víctimas colaterales (poblaciones indígenas de la región Mesoamericana) como actos de destrucción parcial de la sociedad y del tejido sociocultural de la identidad de esos pueblos indígenas y que, por lo tanto, los líderes de esta lucha contrainsurgente podrían ser -y fueron- acusados del delito de genocidio.

Es mi opinión como historiador que la sentencia del tribunal sería pertinente y válida si este delito se refiriese a los actos de “(…) destruir total o parcialmente un grupo nacional, étnico o religioso efectuare cualquiera de los siguientes hechos: 1.- Muerte de miembros del grupo. 2.- Lesión que afecte gravemente a la integridad física o mental de miembros del grupo. 3.- Sometimiento del grupo o de miembros del mismo a condiciones de existencia que pueda producir su destrucción física, total o parcial. 4.- Desplazamiento compulsivo de niños o adultos del grupo. 5.- Medidas destinadas a esterilizar a miembros del grupo o de cualquiera otra manera de impedir su reproducción.

Sin embargo, el delito de genocidio se refiere a la intención del acusado de actuar con la idea preconcebida de “(…) destruir total o parcialmente un grupo nacional, étnico o religioso (…)”.  A pesar de que existen evidencias de violaciones y crímenes de lesa humanidad, las mismas no presentan evidencias concretas de que existiera un acto intencionado de cometer genocidio y el delito aún no ha sido demostrado dejando a un lado de la discusión (hasta el momento más polémica que honesta discusión)  los crímenes de lesa humanidad -masacres, violaciones y torturas, entre otros- que sí se cometieron y que podrían quedar invalidados si la sentencia del tribunal fuera impugnada.

La historia viene en distintas formas y tamaños; no debemos de confundir la vasija -la historia- con su contenido -las historias-, aún cuando la vasija misma sea la que le da la forma al contenido.  El Contenido que se forma debido a los distintos procesos de transmisión y comunicación -social- que predeterminan lo que se puede conocer -los hechos históricos- y/o sobre cómo el contenido es seleccionado -historizado- para su estudio y entendimiento por los actores pueden y deben ser sujetas a ser denunciadas.  Esto no implica que, a la vez, todo sea relativo al contexto y sujeto estudiados y, por lo tanto, no tengamos definiciones concretas para términos en situaciones como esta.

Sin duda, este no es un tema sencillo y queda aún muchísimo por discutir y aprender.

El grave error del libertarianismo guatemalteco en el juicio contra el ex-dictador Efraín Ríos Montt

Justicia

El presente artículo busca conversar con un grupo específico de personas: libertarios y/o simpatizantes con las ideas libertarias que han tomado una postura pública en defensa de los generales Efraín Ríos Montt y José Mauricio Rodríguez Sánchez, acusados de los delitos de genocidio y crímenes de lesa humanidad durante los años 1982-83 en Guatemala quienes no han dicho, también, y con el mismo peso en sus artículos impresos, entrevistas y demás presentaciones públicas que exigen se haga justicia por los crímenes de lesa humanidad cometidos contra civiles durante el gobierno de facto de estos militares y por los crímenes cometidos durante los 36 años de conflicto armado por el ejército y la guerrilla. Continue reading

Kareem, UCLA and Time Travel

I can’t believe I’ll be done with school in another five weeks. Time really flies by. I recently came across an interview of Kareem Abdul-Jabbar in Esquire and thought I’d pass it along to readers here. It’s kind of a wimpy interview, actually (as an alumni, I have access to much higher quality interviews with famous Bruins). Abdul-Jabbar lists twenty things he would’ve done differently if he could step into a time machine and become a young man again.

Two of them were interesting, and one of them not so much. First, the two interesting choices:

11. Cook more. After I got divorced I missed home cooked meals and the only person I had to rely on was the guy in the mirror. Plus, I found it impressed women if you could cook a good meal. Once, very shortly after I started cooking for myself, I had a first date with a woman I really wanted to make a good impression on.

And this:

16. Don’t be so quick to judge. It’s human nature to instantly judge others. It goes back to our ancient life-or-death need to decide whether to fight or flee. But in their haste to size others up, people are often wrong—especially a thirty-year-old sports star with hordes of folks coming at him every day. We miss out on knowing some exceptional people by doing that, as I’m sure I did. I think the biggest irony of this advice is that it’s coming from someone who’s black, stratospherically tall, and an athlete: the trifecta of being pre-judged.

These are both things I’ll be working on as I figure out how to live a proper middle class life post-graduation. One thing I can’t help but to disagree with Him (pay attention to capitalization, and bow down) on:

10. Being right is not always the right thing to be. Kareem, my man, learn to step away. You think being honest immunizes you from the consequences of what you say. Remember Paul Simon’s lyrics, “There’s no tenderness beneath your honesty.” So maybe it’s not that important to win an argument, even if you “know” you’re right. Sometimes it’s more important to try a little tenderness.

Nonsense! Every libertarian knows that it’s far more important to be right than to be popular!

Read the whole thing.

I Agree with Obama on Guantanamo but….

I agree with President Obama. It’s unacceptable that we, the US, have kept people as prisoners for as long as ten years without trial or any other procedure that could conceivably result in their release or conviction.

Let me say first that it’s not an issue of toughness or not toughness. I, for one, think it’s ridiculous to invoke the Geneva Conventions to protect people who burn women and children alive and who assassinate while wearing  civilian clothing. I am also in favor of making their lives difficult, of increasing the hardship of doing their disgusting job any way we can. That would include making a public announcement that specific individuals may be volatilized from the sky anytime, any place. That sure would create a circle of isolation around them. I would also be in favor of including an option to surrender and be investigated (by us.) I don’t understand why this option does not already exist.

There are three purposes for keeping people locked up. One is  to secure them while they await trial. The lock-up time in this case should be as short as technically possible. The second reason is that they are serving a prison term, a punishment imposed  after a conviction of guilt in a well-described, appropriate procedure.

The third reason  to prevent people from leaving is to keep them out of any situation where they can hurt others. Thus, the classical treatment of prisoners of war is to secure them until there is peace. No punishment ought to be intended. In fact, there is international agreement that such prisoners should be treated the same as the soldiers of the nation detaining them. Again, to punish people, you have to try them formally and to find them guilty of something. That’s true even if the accused are prisoners of war, for example. A prisoner of war may also be guilty of crimes. The two issues are separate. A civilized society should not allow its collective judgment to drift from one situation to the other.

I often hear comments among my fellow conservatives that obscure the existence of a line separating the task of punishing terrorists from the mission to keep them out of our harm’s way. I also hear an absence, the absence of realization that the issue if not one of some Middle-Eastern strangers’ – many of whom openly hate us – rights. It’s about our rights. (It always is, in the final analysis.) Confinement to a small space open has not chosen is experienced as  punishment regardless of intent.  It’ s even the most severe punishment several other civilized societies have. I agree with President Obama that we should not punish severely individuals who may be completely innocent. They may be people who are no more guilty of violence against the United States and against Americans than I am. (Repeat this sentence. Make th”I” yourself.” )

I suspect many of my fellow conservatives believe in their hearts that those detained by American forces because they are suspected of terrorism must be at least a little guilty, or guilty of something. Of course, there is no such thing as being a little guilty in our legal tradition. The idea belongs in totalitarian societies.

If we need to control  some people’s movements for the third reason, to prevent from from doing us harm, in a war that may never end, we owe it to ourselves  as a nation to develop inventive solutions that don’t confuse our need to be safe with the imposition of undeserved punishment. I can think of two such solutions .

We could develop a place to keep them that does not resemble prison except that it should be guarded from intrusion by outside forces. High-tech surveillance methods on the periphery of such a place connected to  missiles, for example come to mind. I am thinking of a sort of armed Club Fed. It could even be a Guantanamo Two, a decent resort where the detainees could lead a life more closely approximating normal life. Inside the resort, they would govern themselves as befit people who are not in jail or prison. There is no reason why they couldn’t have a normal family life with spouses and children. I can hear some already snickering about the cost of such a scheme. It’ s extremely unlikely that it would be more expensive to maintain than the highest security jail this country has ever had. It would also be less expensive than war, any kind of war.

There is another, a sort of libertarian solution to the problem of neutralizing those we suspect of wishing to do us harm.  We could try to free them  on bail. Let me explain: There are millions of individuals around the world and thousands of organizations who profess to be terminally disgusted by the very existence of Guantanamo prison. Among the latter are hundreds of Muslim non-government organizations (NGOs). Some of the latter have thousands and tens of thousands of  members. The US government could negotiate the transfer of custody to private NGOs of inmates who have been held for several years and who are not slated to be tried. The US government could ask for a vertiginous bail amount, millions or even billions of dollars per inmate so transferred. The bail money would be refunded after  a determined number of years (say, when the detainee reaches a certain age) if the detainee had not been killed or recaptured in the process of conducting or of supporting terrorist activities.

Either some would take up this offer of privatization of custody or not. If the offer were taken, we would at least have put some distance between us and the practical problems of dealing with people we think dangerous. (This includes, as I write, the horror of force-feeding.) Relapses of terrorists would become more publicized than they are now, less subject to the constant suspicion that the US is manipulating appearances.  At the very least, if there was no no rush to adopt Guantanamo detainees, it would be nice to point  out the hypocrisy of our critics.

Cool PDF on the Dishonesty of Debate

From one of the concluding paragraphs:

We have therefore hypothesized that most disagreement is due to most people not being meta-rational, i.e., honest truth-seekers who understand disagreement theory and abide by the rationality standards that most people uphold. We have suggested that this is at root  due to people fundamentally not being truth-seeking. This in turn suggests that most disagreement is dishonest.

This reminds me, mostly, of debates about the illogicality of more federal gun control laws or using American military power to intervene in a foreign conflict that has nothing to do with national security (see, on this last point, my recent post “Imperialism: The Illogical Nature of Humanitarian Wars“).

Why, just the other day I was deleted by a female FB acquaintance for pointing out to her that her facts were wrong on gun control and that the numerous, hastily Googled  studies that she threw at my feet contained either errors in statistical reasoning (“saying that ‘more guns equals more crime’ is like saying ‘the black cat is a cat because it is black'”) or simply wanted to inflame passions rather than discern truth from tall tale.

On this second point, I even went so far as to suggest that since the piece did not contain any quantitative reasoning whatsoever, it would be safe to agree with me that it was merely an attempt to inflame passions rather than educate. The female (a UC Santa Cruz alumni, in her defense) did just the opposite: after acknowledging that the piece contained no intellectual argument whatsoever, she stated – matter-of-factly – that the piece was an attempt to document all 62 mass shootings over a 30 year period with visuals (posting the killers’ faces to a timeline) and explain that most of the guns used were obtained legally. Therefore, it was quantifying the evidence and proving that mass murders were on the rise, federal gun control is proven to work, and that bans on certain types of guns have been proven to work.

Indeed. This is the face of the enemy of freedom, and it’s not Satan. It’s the bimbo next door.

Read the whole PDF. Grab a cup of coffee or hot tea first.

A couple of tips for figuring out if you are on the right side of the facts or not:

  1. If you are defending somebody else’s words – especially the words of a politician, a religious leader or even an intellectual, there is a good chance you are on the wrong side of truth.
  2. If you attempt to justify the horrible crimes committed in the past by looking at the virtuous deeds that were accomplished because of the crimes, then you are most likely on the wrong side of the facts. For example Franklin Roosevelt’s policies did absolutely nothing to get the US out of the Great Depression. All economists are in agreement on this. Where they disagree is on whether or not his policies exacerbated the Great Depression – as most libertarian economists argue – or simply that the New Deal did absolutely nothing (Left-wing economists generally see World War 2 as the economy’s savior). Yet many people give Roosevelt credit where credit is not due. They even go so far as to overlook his ruthless campaign to rid the West Coast of citizens with Japanese and German ancestry (locking them up in concentration camps), copying Hitler’s policies of cartelizing the economy, banning Jewish refugees from entering our shores, and raising taxes to unjustified levels in order to carry out his worthless policies. Fidel Castro is another good example of this.
  3. If you take the argument personally, then you are on the wrong side of the facts. If you have a tendency to delete people on social media sites because they failed to acknowledge your genius, then you are on the wrong side of the facts.

Hope this helps!

Imperialism: The Illogical Nature of “Humanitarian” Wars

Dr Delacroix is simply unable to grasp my argument. There are two possible reasons for this:

  1. He simply does not want to grasp it
  2. He simply cannot grasp it

Most of the time I believe that Reason #1 is responsible for one’s inability to grasp a concept, at least when we are dealing with high intelligence individuals like Dr Delacroix.

But I think this is a case where Dr Delacroix and other like-minded imperialists simply cannot grasp the logic behind my argument. Allow me to hearken readers back to my recent post on “Libertarian IQ” where I quote an academic computer programmer on the inability of some students to grasp the concepts he is trying to teach:

Let me tell a story that is typical of those I heard from the TAs who worked for me at the computing center. A student comes up to the TA and says that his program isn’t working. The numbers it prints out are all wrong. The first number is twice what it should be, the second is four times what it should be, and the others are even more screwed up. The student says, “Maybe I should divide this first number by 2 and the second by 4. That would help, right?” No, it wouldn’t, the TA explains. The problem is not in the printing routine. The problem is with the calculating routine. Modifying the printing routine will produce a program with TWO problems rather than one […]

The student in my hypothetical story displays the classic mistake of treating symptoms rather than solving problems. The student knows the program doesn’t work, so he tries to find a way to make it appear to work a little better. As in my example, without a proper model of computation, such fixes are likely to make the program worse rather than better. How can the student fix his program if he can’t reason in his head about what it is supposed to do versus what it is actually doing? He can’t.

Dr Delacroix is in a position similar to that of the student.

When I point out that the post-colonial states of the Middle East are, by their very structure, incapable of anything other than autocracy, he responds by pointing out that the West has often taken sides in the various conflicts that erupt in these states. The logic behind this reasoning follows accordingly:

Brandon: This hot dog is undercooked, so eating it will make me sick.

Dr Delacroix: Yes, but it has chili on it.

B: No dude, eating it will make me sick.

DD: Yes, but it also has brown mustard on it.

B: I’m sorry dude, but I’m not eating the hot dog.

DD: Now you’re just being senseless (and rude!).

You see how that works?

Dr Delacroix and other “humanitarian” imperialists seem to believe that when the West picks a side in a conflict that has nothing to do with national security, imperialism suddenly becomes a perfectly acceptable way of fixing the problems of the world. Yet just like the programming student in the example above, Dr Delacroix’s attempts to fix a superficial problem (with bombs no less) actually end up exacerbating the real, underlying problem, which is that the states currently in place in most of the world are not seen as legitimate by its “citizens.”

Post-colonial states are not considered legitimate by their subjects because they never had a say in how to go about structuring such a state. They had no say in where the borders should be, or who they could trade with, or how to best accommodate foreigners.

Because they are not legitimate, power struggles (even in long-lived dictatorships) for the center are constant since those who eventually end up controlling the center receive legitimacy from the UN and other imperial institutions (but not their own people). Why bother trying to gain the legitimacy of an impoverished populace when you can simply capture the rent associated with running a post-colonial state?

University Graduation Rates are Too High

A proposal has surfaced to “punish” California state universities, including San Jose State where I teach, if they either (1) continue to raise tuition rates or (2) fail to raise their graduation rates. The punishment would take the form of reduced state support.

First of all, we taxpayers (including me; I’m a net tax payer) should rejoice at such “punishment” as it would lessen the burden on us. Taxpayers aside, how might the state universities respond to such punishment? On the fiscal side, they could recruit more out-of-state and foreign students who pay full freight. The UC campuses are already cutting admissions of in-state students in favor of out-of-state full payers – will UC eventually become UNC – University of Non-Californians? Furloughs are unlikely; they were tried once and didn’t work. They can’t cut salaries; there’s a faculty union. They’ll never cut out administrators. No, all bureaucracies, when forced to cut expenses, make cuts that are most painful to the public. Therefore, in addition to recruiting more full payers, they will cut classes.

What about graduation rates? They can’t raise admission standards because that would be “unfair” to racial minorities who are disproportionately ill-prepared for college work. They already have programs to try to coax students to study, with marginal results, and the obligatory special privileges for students with “learning disabilities.” It’s not clear what more could be done along those lines. No, I contend that the most humane policy for state universities would be to cut graduation rates. Here’s why.

It is indeed unfortunate that so many students, more than half at SJSU and other state universities, fail to graduate within six years. Those students have paid a big price in terms of money spent, debt incurred in many cases, and foregone income, with almost nothing to show for it. A bachelor’s degree from a state university, unless it’s in engineering, is worth little enough; two or three years of class work is worth nothing. Those who do make it all the way to the sheepskin gain a marginal advantage; their degree signals a certain amount of persistence. Their value to an employer remains uncertain; many, I fear, couldn’t be trusted with such simple tasks as reading with understanding, writing, doing simple calculations or, perish the thought, critical thinking.

All too many students who enter SJSU are ill-prepared and/or poorly motivated. Large numbers must take remedial math or English because they learned nothing in their public high schools. Many have little or no idea why they are there – some seem to view college as a way to delay their entry into responsible adulthood.

A good number surely have aptitudes for jobs that may require some specialized training, but not a college degree. I’m thinking of welders, hospitality workers (wait – you can get a B.A. in hospitality!), tile setters, carpenters, electricians, roofers, beauticians, nannies; the list goes on and on. What a tragedy that such students fall into the sinkhole (for them) that is a university campus.

Since admissions standards aren’t likely to be raised, the only humane thing to do is to get these students out the door as fast as possible. I expect to give a lot more D’s and F’s in my class this semester than I normally do, not because I’m pursuing any agenda but because they won’t have learned the material. Those students will be hurt, short term, but it’s the right thing for them, long term, especially if it hastens their exit from a university where they don’t belong.

Sobre genocidio, filosofía y diálogos

Pido-castigoDurante las últimas semanas, muchas de las discusiones intelectuales en Guatemala han girado en torno al juicio en contra del ex Presidente de facto, General Retirado del Ejército y ex Presidente del Congreso de Guatemala José Efraín Ríos Montt.  Ríos Montt enfrenta un juicio por los  delitos de genocidio y crímenes de lesa humanidad.  Este juicio y su resolución tendrá una relevancia de alto impacto en la lucha que realizan movimientos progresistas (conocidos también como liberales en EE.UU., liberales de izquierda, y/o como seguidores del social liberalismo) en la búsqueda por resolver conflictos históricos que armonicen el funcionamiento de un mercado regulado con una participación del Estado en la garantización de igualdad de  competencia y la corrección de desigualdades heredadas del período colonial y/o desigualdades que resultaron de la institucionalización política o social de prácticas racistas, clasistas, machistas, entre otras.

El juicio contra Ríos Montt, que podría convertirse en el “Juicio del siglo” de los intereses ideológicos progresistas latinoamericanos, tomó vuelo luego de que el 19 de marzo de 2013, una jueza guatemalteca abriese formalmente juicio contra el exdictador, acusándolo de genocidio contra miles indígenas durante su régimen de gobierno (1982-1983).  El genocidio es un delito internacional que comprende “cualquiera de los actos perpetrados con la intención de destruir, total o parcialmente, a un grupo nacional, étnico, racial o religioso como tal; estos actos comprenden la matanza de miembros del grupo, lesión grave a la integridad física o mental de los miembros del grupo, sometimiento intencional del grupo a condiciones de existencia que hayan de acarrear su destrucción física, total o parcial, medidas destinadas a impedir nacimientos en el seno del grupo, traslado por la fuerza de niños del grupo a otro grupo.” (via: Estatuto de Roma de la Corte Penal Internacional, 1998-2002 y la Convención para la Prevención y la Sanción del Delito de Genocidio de 1948).  La legislación guatemalteca incluye pena de prisión de 30 a 50 años para los culpables de estos delitos. Continue reading