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.

Conclusion

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.

Libertarians and Pragmatists on Democracy Part 2: Classical Liberal and Libertarian Criticisms of Democratic Institutions

Note: This is part of a series on democracy. It is assumed the reader is familiar with part one prior to reading, in which the basic direction of this series is introduced and democracy is more concretely defined. This post is meant to do be a non-comprehensive, though fairly inclusive, look at a variety of views of democracy in classical liberal thought. The next post will survey progressive and pragmatist views of democracy, and the final post will argue that the truth in classical liberalism and pragmatism perspectives on democracy lead to a defense of market anarchy.

As alluded to in the introduction to this series, democracy has occupied a tricky place in the history of classical liberal thought. Despite the fact that the prevalence of democratic institutions in the West is at least partially a result of the influence of classical liberalism (in fact, I’d argue classical liberalisms’ role has been extremely significant in this regard), classical liberals have always been at best ambivalent to democracy. In recent years, libertarians have been critical and outright hostile towards democracy. For this reason, I’d argue that classical liberalism is, on net, critical of democracy, and there is a lot to learn from these criticisms. As a matter of housekeeping, it is important to note that I am using the term “democracy” in the second sense—as a system of political decision making—through most of this section unless otherwise noted.

Early Liberalism’s Cautious Enthusiasm for Democracy

At classical liberalism’s conception, democracy was in many ways the end-goal. No doubt, most classical liberals of the Enlightenment preferred democracy to the absolutist monarchism that had dominated Europe in their times. John Locke’s entire political project can be read as a criticism of absolutism, and he tended to more democratic views. In his Second Treatise on Government “democracy” is only mentioned twice by name in Chapter 10, mostly to define it in contrast to oligarchy and monarchy. However, throughout Locke there is a tendency to emphasize what we today would call “popular sovereignty”—a concept which strikes at the heart of the appeal of democracy. As Peter Laslett writes in his introduction to the Cambridge edition of Locke’s Two Treatises:

In his analysis of politics in terms of force as well as in rightful authority Locke is closer to the thought of our own day on the subject of sovereignty than the assumptions of his own time. Behind the superior power of the legislative in his system there is always to be seen the finally supreme, all-important power of the people themselves, again conceived of as a force, though justified once more by the concept of trust. It was a power which would only rarely display itself, and, as we have tried to show, there is considerable obscurity about the actual circumstances in which it could come to action and more about what it might achieve. Nevertheless, this residual power must be called Locke’s idea of what we now think of as popular sovereignty.

Drawing off of Locke, the American founders; inherited a skepticism towards absolutism and a little bit of faith in popular sovereignty. Of course, there is a slight difference in the founders’ conception of popular sovereignty and Locke’s in that it is far more individualist; in fact, it might be more accurate to say the founders did not so much believe in popular sovereignty as individual self-governance, but there is still an affinity between Locke and most of the founders’ on this point. Contra most west coast Straussians (ahem, Tom West and Harry Jaffa), it is important to note that the founders’ were influenced by much more than the classical liberal philosophy of John Locke. They, particularly John Madison, John Dickinson, and most of the early federalists, were just as influenced (if not more-so) by classical Greek and Roman political philosophy and the style of old whig conservatism of Burke and his contemporaries as classical liberalism. This can be illustrated in their perspective on democracy.

Though certainly wary of democracy’s dangers, most of the founders overall could still be described as democratic in some sense of the term. Of course, this point must be nuanced with the founders’ healthy criticisms of democracy influenced by classical liberal thought, whiggish conservatism, and Aristotelianism. Maddison is probably the most frequently cited example of an American founder who waxed pessimistic about democracy, given his writings on the “problem of factions” in Federalist No. 10. To be sure, most of the founders, as Ben Franklin famously said at the end of the constitutional convention, would have probably preferred the term “republic” to “democracy.”

Because of Madison’s Federalist No. 10 and a variety of quotes that were harshly critical democracy from the founders (many of which are false), a number of right-wingers today, particularly populist and nationalistic constitutional conservatives, argue that the founders were not democratic at all and are adverse to anything that refers to America as a “democracy.” To be sure, America is not a pure democracy, however there is little doubt that the founders still had at least some affinity for democracy, particularly in contrast to absolutist monarchy, with the possible exception of Hamilton sometimes (I would also argue that Hamilton was the least classically liberal of the founders and is largely my least favorite founder, but that’s another issue).

Further,  it is obvious the constitution incorporated democratic decision-making far more than any other of that time; in fact, the preamble beginning with “We the People” screams of the democratic, Lockean notion of popular sovereignty. Further, there is little doubt that even the America of the founders can be described as “democratic” at least in the third sense of the term (as a general term for modern Western governments).

Finally, some of the founders were pretty avidly pro-democratic, particularly Thomas Jefferson. As Jefferson wrote to John Taylor:

It must be acknowledged that the term “republic” is of very vague application in every language… Were I to assign to this term a precise and definite idea, I would say purely and simply it means a government by its citizens in mass, acting directly and personally according to rules established by the majority; and that every other government is more or less republican in proportion as it has in its composition more or less of this ingredient of direct action of the citizens.

Note how Jefferson’s definition of a “republic” is virtually indistinguishable from the way democracy is typically defined (in the second sense). Of course, Jefferson, especially in his later years in his later years was skeptical about the workability of this democratic/republican vision, writing “[s]uch a government is evidently restrained to very narrow limits of space and population. I doubt if it would be practicable beyond the extent of a New England township.” Nonetheless, it’s hard to consider Jefferson anti-democratic, especially in his younger years, when the notion of Jeffersonian democracy has been so influential in the history of American politics or if one considers Jefferson’s excuberance for the much more populist French Revolution prior to the Reign of Terror.

The Decline of Democracy in Classical Liberal Thought

After the founder’s era, however, experience with real-world democratic institutions began to contrast sharply with the theoretical hopes Enlightenment-era liberals had for democracy. The Jacobin reign of terror and aftermath of the French Revolution were sobering reminders of the dangers of the tyranny of the majority. As Edmund Burke wrote in Further Reflections of the French Revolution such a Democracy is a thing which cannot subsist by itself” and the specter of Robespierre led Burke to continually warn of mob-rule and the excesses of democracy. In America, the extremely low level of decorum in early elections (particularly in 1800 between Jefferson and Adams) must have made the more aristocratic and conservative of the founders (the likes of Washington, Hamilton, and John Dickinson) fearful of the direction in which their experiment was going.

By the Jacksonian era, it is safe to say that most classical liberal observers were waxing a bit more pessimistic on the prospects of democracy than their intellectual ancestors. The rise of a populist president in Andrew Jackson who had committed so many acts of tyranny against the Native Americans, the democratization of religious faith by the likes of Lorenzo Dow in the Second Great Awakening, and the growing of democracy into almost a political religion were signals of a disturbing trend to many of the surviving founders and European liberals like Mill and de Tocqueville. In fact, Jefferson even said of Jackson, in an interview with Daniel Webster:

I feel much alarmed at the prospect of seeing General Jackson President.  He is one of the most unfit men I know of for such a place.  He has had very little respect for laws and constitutions, and is, in fact, an able military chief.  His passions are terrible.  When I was President of the Senate, he was Senator; and he could never speak on account of the rashness of his feelings.  I have seen him attempt it repeatedly, and as often choke with rage.  His passions are, no doubt, cooler now; he has been much tried since I knew him, but he is a dangerous man.

No doubt, Jefferson’s critique of Jackson’s inability to control his passions mirror Plato’s critique of the “democratic soul” in the Republic.

However, it wasn’t until Alexis de Tocqueville’s famous Democracy in America that the classical liberal view of democracy truly turned critical. De Tocqueville saw democracy’s influence in America as resulting in the decline of an aristocratic class that “furnished the best leaders of the American revolution.” Socioeconomic egalitarianism was far from the worst of democracy’s problems in de Tocqueville’s eyes. He saw the concept of popular sovereignty as leading to “unlimited power of the majority” that was corroding the checks and balances of the American constitution in every branch of government. Indeed, there has perhaps never been as eloquent a critic of “tyranny of the majority” as de Tocqueville.

In England, JS Mill also was beginning to see the dangers of excessive democracy. Much of On Liberty can be read as building on and responding to de Tocqueville. For example, his warnings against the tyranny of majority opinion in the first chapter of On Liberty echo de Tocqueville’s concerns and are worth quoting at length (also, note how much of this anticipates much of the later insights of the Virginia School of Political Economy):

The notion, that the people have no need to limit their power over themselves, might seem axiomatic, when popular government was a thing only dreamed about, or read of as having existed at some distant period of the past. Neither was that notion necessarily disturbed by such temporary aberrations as those of the French Revolution….In time, however, a democratic republic came to occupy a large portion of the earth’s surface, and made itself felt as one of the most powerful members of the community of nations; and elective and responsible government became the subject of the observations and criticisms which wait upon a great existing fact. It was now perceived that such phrases as “self-government” and “the power of the people over themselves” do not express the true state of the case. The “people” who exercise the power are not always the same people with those over whom it is exercised; and the “self-government” spoken of is not the government of each by himself, but of each by all the rest. The will of the people, moreover, practically means, the will of the most numerous or the most active part of the people; the majority, or those who succeed in making themselves accepted as the majority: the people, consequently, may desire to oppress a part of their number; and precautions are as much needed against this as against any other abuse of power. The limitation, therefore, of the power of government over individuals, loses none of its importance when the holders of power are regularly accountable to the community, that is, to the strongest party therein.

…Like other tyrannies, the tyranny of the majority was at first, and is still vulgarly, held in dread, chiefly as operating through the acts of public authorities. But reflecting persons perceived that when society is itself the tyranny—society, collectively, over the separate individuals who compose it—its means of tyrannizing are not restricted to the acts which it may do by the hands of its political functionaries….Protection, therefore, against the tyranny of the magistrate is not enough: there needs to be protection also against the tyranny of the prevailing opinion and feeling[.]

By the generation of liberals after Mill, the insight that democracy itself can turn into tyranny became influential on the continent as well. French liberals such as Bastiat and Germans such as Mises became critical of democratic institutions. Both Bastiat and Mises noted how democracies are ultimately controlled by public opinion which can, often times, be irrational. Bastiat took note of this in regards to protectionist economics writing, “Protectionism is too popular for its adherents to be regarded as insincere. If the majority had faith in free trade, we should have free trade.” Mises elaborated on Bastiat’s insights more writing in Human Action:

Democracy guarantees a system of government in accordance with the wishes and plans of the majority. But it cannot prevent majorities from falling victim to erroneous ideas and from adopting inappropriate policies which not only fail to realize the ends aimed at but result in disaster.

(Note: Bryan Caplan has a great, more detailed analysis of Bastiat and Mises’ criticisms of democracy, it is highly recommended.)

Most of these problems of the tyranny of the majority highlighted by de Tocqueville and Mill, as well as the issue of a completely misinformed public, seemed confirmed in World War II after the rise of fascism via the democratic process in Germany and Italy.

Public Choice Theory and Democracy’s Continued Decline

In the middle of the twentieth century, classical liberals became influenced by a field of study that seemed to confirm and deepen their worst fears of democracy. I’m referring, of course, to the public choice theory of the Virginia School of Political Economy associated with the likes of James Buchanan, Richard Wagner, and Gordon Tulloch. It is important to note at this point, of course, that public choice theory itself is not a part of classical liberalism as it is a positive scientific research program that simply applies economic analysis to the political process that has been contributed to by libertarians, conservatives, and liberals like rather than any sort of political ideology; however, many of the founders of Public Choice Theory were themselves classical liberals and there is little doubt that this style of economic thinking has had more influence on libertarianism than any other political philosophy.

The new public choice theory found that democracy could result not only in the potential tyranny of the majority, but also in horrible policies thanks to the accumulation of special interests (akin to Madison’s analysis of the problem of factions). The idea that voters are rationally ignorant, the insight that elected representatives do not act in the public interest but out of their own rational self-interest and those of their lobbyist friends, and a number of concepts from the short-sightedness effect to the Arrow’s impossibility theorem seemed to cast poor prospects on democracy’s ability to protect individual liberty. The fact that so many democracies were adopting horrible Keynesian economic policies, and the explanation that this is due to the self-interest of politicians, caused further doubt on the compatibility of free markets and democratic institutions. Later insights from public choice theory revealed that voters were not only ignorant but also systemically biased and irrational, as Bryan Caplan’s Myth of the Rational Voter argued, only added to this anxiety.

This is not to say, of course, that classical liberals since the mid-nineteenth century have been wholly opposed to democracy. Indeed, Mill, Bastiat, Mises, and most of the public choice economists continued to prefer representative democracy strongly limited by a well-designed (well, at least for Buchanan) constitution to alternative systems of political organization. Even Mises in Liberalism: In the Classical Tradition defended democracy on the following grounds:

In the long run, no government can maintain itself in power if it does not have public opinion behind it, i.e., if those governed are not convinced that government is good….There is, therefore, in every form of polity a means for making the government at least ultimately dependent on the will of the governed, viz., civil war, revolution, insurrection. But it is just this expedient that liberalism wants to avoid. There can be no lasting economic improvement if the peaceful course of affairs is continually interrupted by internal struggles…Here is where the social function of democracy finds its point of application. Democracy is that form of political constitution which makes possible the adaptation of the government to the wishes of the governed without violent struggles.

The attitude of FA Hayek in The Constitution of Liberty towards democracy is perhaps the most typical attitude of most classical liberals and libertarians since the days of de Tocqueville, and the majority of libertarians in mainstream political discourse today. Hayek defends a heavily limited concept of democracy as a means to the end of individual liberty; as the most efficient of current possible political constitutions to ensure the freedom of the individual. He echoes Mises in the fifth chapter entitled “Majority Rule” where he writes:

If democracy is a means rather than an end, its limits must be determined in the light of the purpose we want it to serve. There are three chief arguments by which democracy can be justified, each of which may be regarded as conclusive. The first is that, whenever it is necessary that one of several conflicting opinions should prevail and when one would have to be made to prevail by force if need be, it is less wasteful to determine which has the stronger support by counting numbers than by fighting. Democracy is the only method of peaceful change that man has yet discovered.

Modern Libertarianism’s Hostile Opposition to Democracy

Since Hayek penned those words in 1960, before many of the most depressing insights of public choice had risen to prominence, classical liberals and libertarians—particularly more radical anarchists—have grown even more skeptical of democracy and are, at times, outright hostile to it. Hayek himself in his next major work on political theory, Law, Legislation, and Liberty, waxed a bit more pessimistic on constitutional representative democracy than he did in The Constitution of Liberty. Just thirteen years after he spent over five-hundred pages defending and articulating liberal constitutionalism, he opens the introduction to the first volume of his next major work by declaring “The first attempt to secure individual liberty by constitutions has evidently failed.” Though he still proclaims the destruction of liberty that was running rampant in the immediate aftermath of World War II was “not a necessary consequence of democracy,” he laments the role democracy had played in recent politics:

If I am right, it would indeed seem that the particular form of representative government which now prevails in the Western world, and which many feel they must defend because they mistakenly regard it as the only possible form of democracy, has an inherent tendency to lead away from the ideals it was intended serve. It can hardly be denied that, since this type of democracy has come to be accepted, we have been moving away from that ideal of individual liberty of which it had been regarded as the surest safeguard, and are now drifting towards a system which nobody wanted.

In other corners of classical liberal thought, the prospects for democracy were even grimmer. This hostile attitude is perhaps best exemplified by Hans Herman Hoppe’s book Democracy: The God that Failed. Hoppe argues that democracy suffers from a problem akin to the tragedy of the commons; whereas medieval monarchies, aristocracies, and feuds had some sense of ownership over the state, democracies have no clear sense of ownership and so democratic representatives have little incentive to make good policies that protect liberty and economic prosperity.

Though Hoppe spends far too much of the book on anti-intellectual, abrasive, and, at times, bigoted (in the literal meaning of the term) polemics, there is some truth to his central insight and it certainly has a resonance with the public choice research on the short-sightedness effect. I doubt that Hoppe’s insights have the radical implications he draws of by necessity (mainly that monarchy is preferable to democracy); there might be a case to be made that pre-democratic institutions had lower taxes and better protection of property rights, on virtually every non-tax matters it is fairly obvious that such governments were far more tyrannical. Freedom of movement, which was so important to Mises in Liberalism and is among our most important of liberties, was non-existent in feudal Europe; indeed, serfs in many European manors were little more than slaves, pieces of property tied to their land, rather than sovereign, free individuals. Further, social freedom and freedom of religion were virtually non-existent in such polities; homosexuals were executed, Muslims and Jews were persecuted, and there were a number of other violations of human rights I doubt even Hoppe (in his implicit and occasionally explicit homophobia) would defend. (Of course, Hoppe would throw a fit because his argument is purely deductive and a priori whereas mine actually uses empirical evidence, but his simpleton, idiosyncratic, and laughably unintelligent economic methodology and epistemology is another topic.) I highly doubt even the most dogmatic Rothbardian Hoppe-lover would rather live in a medieval Europe feudal manor or monarchy than a modern democracy, despite their flashy polemics.

More recently, Michael Huemer has had criticisms of democracy’s morality in his book (which I highly recommend) The Problem of Political Authority. Heumer’s argument throughout the book is that all attempts to justify the legitimacy of government authority or to argue that there is any real consent between real-world governments and citizens fail, and a better form of government may be found in market anarchism. He notes how democracy has created a false identification of voting with actual consent that can morally legitimize government, and argues against all attempts to claim that citizens of democracies—real world or hypothetical—are under legitimate authority by virtue of the fact that they are living in a democracy. In another chapter, Huemer analyzes the problematic psychology of authority and how democracy contributes to the idolization of government.

Even more recently, Jason Brennan has a forthcoming book out that is perhaps more critical of democracy than any other classical liberal—save perhaps Hoppe—aptly titled Against Democracy. Brennan argues, like Huemer, that our relationship to democracy is non-consensual. In line with most public choice theory, he argues that democracy is truly the “rule of the irrational and the ignorant” and that democratic deliberation, voting, and electoral participation actually makes people worse, more biased, more irrational citizens. Brennan, instead, defends what he dubs “epistocracy”—a sort of aristocratic rule of the knowledgeable. (I have yet to read through Brennan’s book as it hasn’t been released yet and I’m basing this entirely off of reviews and Brennan’s other writings, particularly BHL blog posts, so I may be butchering some of the details of his argument in this description.)

Clearly, the classical liberals—from de Tocqueville to Jason Brennan—have very good reason to be skeptical of democracy, and perhaps even to feverishly oppose democracy. I still do not take the conclusions to the extremes of Hoppe and (at least from my limited knowledge of his writing on this topic) Brennan. I would agree with Hayek and Mises that constitutional representative democracy is the nth best alternative to other systems such as feudalism, absolutist monarchy, and any form of authoritarianism. (Although my general opposition to nation-states for both anarchist and communitarian reasons makes me more critical of democracy than most moderate classical liberals.)

However, it is clear that democracy is far from the best of all possible governmental arrangements. At the very least, the truth that Aristotle emphasized in his Politics that it matters not so much the make-up of the government (rule of the many, few, or one) but the quality of government, whether it is tyrannical or not. There is very good reason to believe, due to most of the arguments by the great thinkers discussed above, that democracy is, unfortunately, more likely than not to lead to tyranny—even if it is less likely to do so than the existing alternatives.

Having said that, perhaps not all is lost for the spirit of democracy. In the next post, I will analyze the pragmatist conception of democracy perhaps most popular among American twentieth-century liberals and progressives. This conception of democracy is far more than a form of political decision making discussed by the classical liberals, but a broader social epistemology and philosophy as mentioned in the introduction. I hope it will be clear by the end of the next post in this series that it is possible to affirm some of the philosophical commitments of democracy extolled by thinkers such as John Dewey, Sidney Hook, and Richard Rorty without necessarily embracing democracy as a political decision-making progress or, as Hayek would argue, democracy as it presently exists.

Libertarians and Pragmatists on Democracy Part 1: What is Democracy?

Note:  This is part of a series of posts critiquing democracy. I plan on writing this series in four parts. First, in this post, I plan on introducing the various nuances to the term “Democracy.” Second, I will give a brief summary of classical liberalism’s skeptical attitude towards democracy. Third, I’ll summarize the insights into the benefits of democracy from the perspective of the American pragmatists. Finally, I’ll argue that the dialectical synthesis of these perspectives on democracy leads to a plausible defense of market anarchism.

Democracy has tended to occupy a bizarre position in the history of classical liberal and libertarian thought. Particularly in recent decades, here’s a sense of ambivalence amongst libertarians towards democracy the last couple decades even though the prevalence of democratic institutions in the west is almost a direct result of our intellectual ancestors. There are also a diversity of perspectives on democracy amongst libertarians, from fanatically opposed, such as Hoppe, to ambivalently supportive, such as Hayek, to fairly supportive, such as the younger Jefferson. Fellow note writers here at NOL have recently been showing a far more negative view on democracy typical of more modern libertarians.

My personal attitude is further complicated by other intellectual influences. Whereas there’s a tendency in my thought to be very skeptical of democracy, for many of the reasons anti-democratic libertarians are apt to emphasize, the other main intellectual tradition that influences my thinking—that of American pragmatism—is extremely pro-democratic. Democracy is arguably the very center of the philosophy of John Dewey, who has had a profound influence on my philosophical and political views (despite my extreme disagreements with his statist policy agenda). As a result, if someone were to ask me “What do you think of democracy?” I’d probably give a very wishy-washy response. In this series, I’ll attempt to reach a sort of dialectical synthesis between the variety of classical liberal opinions of democracy and the radically pro-democratic ideas of the Deweyan pragmatists.

Before critiquing it, perhaps understanding what the term “democracy” even means is in order. There are four main ways I see the term used in modern discourse. The first, trivially, is thrown around as an empty term of political praise; in popular political discourse, the term “democratic” is uttered as an almost meaningless praise when a politician does something the speaker likes that happens to agree with the majority consensus and the term “anti-democratic” is thrown around as an insult if a politician does something that the speaker disagrees with and happens to be against the majority consensus. The fact that democracy is now a term of empty praise is especially ironic as it is a pretty recent development; prior to the nineteenth century, democracy was a term with strongly negative connotations since Aristotle used it to describe tyrannical rule of the majority in his Politics and Plato critiqued the “democratic soul” in the Republic. This use of the term in America has been particularly abused since the age of Andrew Jackson, who committed a jihad (see what I did there?) on the concept of America as a republic by turning the idea of democracy into a national religion. Clearly, this use of the term is mostly (although not altogether) unrelated to the issues I’ll be addressing in this series.

The second way the term “democracy  is used, most obviously, is as a simple description of a mode of political decision making or constitutional design. In this most literal sense, democracy is defined as the election of political leaders or policies by majority vote. Third, democracy is used as kind of a generic term for the system of government that has dominated the west since World War II—even though terms such as “parliamentarian” or “republican” are probably more accurate.

Finally, and perhaps most interestingly, democracy is used in some circles (particularly by the pragmatists) to describe a social epistemology, an overarching philosophical orientation, or—to quote Sidney Hook and John Dewey—a “way of life.” As Dewey writes in the Democracy and Educational Administration “Democracy is much broader than a special political form, a method of conducting government…it is something broader and deeper than that.” Dewey describes this deeper meaning of democracy “as the necessity for the participation of every mature human being in the formation of the values that regulate the living of men together[.]”  This notion of democracy is characterized by a thoroughgoing experimentalism and Dewey himself essentially sees democracy as the application of the spirit of the scientific method to social relations. I will have much more to say about this conception of democracy later, but for now note that it is possible to affirm many of the epistemic and philosophical commitments to the democracy of the pragmatists without necessarily affirming democracy as a political constitution.

In the next post, I’ll analyze what political democracy means in the tradition of classical liberalism; in particular, I’ll focus on some of the unease about democracy’s potential for tyranny occupied by earlier classical liberals such as Mill and De Tocqueville, and some of the criticism of democracy in more recent libertarian thought inspired by the insights of public choice theory. By the end of the series, I argue the criticisms that classical liberals and libertarians have had may be devastating to the argument that a predominately democratically (in the second sense) oriented government is the best possible political system; however, those criticisms do not necessarily apply to the fourth understanding of democracy extolled by the pragmatists. In fact, if we take into account the flaws of democracy pointed out by libertarians, some form of market anarchy may perhaps be the best way to fulfill the democratic goals of the pragmatists.

BC’s weekend reads

  1. Dank Federalism
  2. What About Capitalism? Jürgen Habermas’s Project of a European Democracy
  3. The IDF gets leaner as its enemies evolve (the US should do the same, by the way)
  4. A moderate defense of extremism in defense of liberty
  5. Why I lean libertarian
  6. Backlash grows to Schengen backlash

Go Broncos

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.

nolanchart

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)

Giving Up On The Masses

In 2012, during Ron Paul’s second presidential candidacy as a Republican, I felt deflated with the masses again. Again, the masses were not going to vote a libertarian into office. It was the same year in which I read Murray Rothbard’s Ethics of Liberty and Hans-Hermann Hoppe’s Democracy: The God That Failed. What struck me at that time was the realization that democracy is actually an extremely poor political system to make society become more libertarian. Democracy is not even a guarantee whatsoever for political and economic freedoms. Its success is dependent on the uprightness of the masses, but where are the masses to stand up against war, bank bailouts, taxation, police aggression etc? If the government is truly a gang of thieves and murderers, as I believe it is, then the voting masses are advocates of theft, harassment, assault, and murder.

I do not believe that the masses are ready for freedom, because freedom means taking responsibility for one’s life and actions – a frightening prospect for the masses who lack the strength to face insecurities in life. Ingrained with fear of their own and their neighbours’ incapability to live a ‘responsible’ life, they are attracted to masters who can arrange their lives for them. The masses have also never thirsted for truth. Whoever can supply them with illusions is easily their master, and whoever attempts to destroy their illusions is always their victim. They want to be comfortable and cuddled to death. Thinking is too much hassle for the mass-man. The masses have moreover a love for egalitarianism and a disdain for those who are different, who are more successful and more beautiful. They hate freedom, because in freedom man naturally maintains his distance from his fellow human beings.

Being discontent with the masses and deflated in my philosophical views on politics and economics, I took Peter Thiel’s following dictum to heart: “The masses have given up on unregulated capitalism, so those who still support unregulated capitalism should give up on the masses.” Instead, I have put my hope on such technological advances of decentralization as cryptocurrencies, seasteading, 3D-printing, and localized energy conservation and production.

BC’s weekend reads

  1. The Criminalization of Curiosity
  2. Britain needs Christianity – just ask Alan Partridge
  3. Libertarians have nowhere to turn
  4. In light of ongoing events in Poland, this October piece by Dr Stocker here at NOL is worth reading again
  5. The West in the Arab world, between ennui and ecstasy

A Quick PSA: Putting “boots on the ground” in Syria is still a dumb idea

Readers might be mistaken into thinking that I am some kind of statist or rabid interventionist because I often put forth arguments that are nowhere to be found at the Cato Institute or the Mises Institute when it comes to American foreign policy.

I have argued that the federation of countries would be a good idea. I have argued that multilateralism is of the utmost importance when it comes to solving problems. I have no problem using IGOs like the UN or the IMF to bolster diplomacy. I have entertained the notion that the US should take a back seat in hot spots in order to better bait autocratic states into committing blood and treasure to the said hot spot, and then unleashing hell. Sanctions are dumb and never work, but building closer trading ties with an adversary’s enemies is a underdeveloped path.

Statist AF, right?

Wrong!

I am trying to put forth alternatives to “boots on the ground.” I understand that military interventions are a bad thing. I don’t want “boots on the ground.” I understand that the costs far outweigh the benefits. I understand that war is the health of the state. What I don’t understand is how “doing nothing” is a libertarian position. Dogmatic slogans made us lazy a century ago. We lost our claim to the title “liberal” because of it. Dogmatic slogans made us lazy a century and a half ago, and we lost our claim to the title “internationalist” because of it. What will our laziness cost us today?

Boots on the ground? We should be so lucky.

Theory versus Common Sense? The case of the Dutch

Since the fifteenth century, [the Netherlands] has had several features which later liberal thinkers, such as David Hume and Adam Smith, enviously referred to. Compared to other countries, economic freedom was an important issue, just as the larger degree of religious freedom. Trade, tolerance, and cultural developments turned the Dutch into an early manifestation of liberalism. However, with the possible exception of Erasmus, Spinoza, and perhaps the Rotterdam-born but London-based Bernard Mandeville, the Dutch lacked great thinkers who could provide this liberal practice with a theoretical base.

This is from the introduction (page 2) to Dr van de Haar‘s excellent new book, Degrees of Freedom: Liberal Political Philosophy and Ideology, and I think it makes a good argument in favor of the “common sense” approach to the political. This common sense approach, for those of you wondering, is often contrasted in American libertarian circles with the theoretical approach espoused by academics. Common sense libertarians tend to be more socially conservative and more parochial than theoretical libertarians who, in turn, are less socially conservative and more cosmopolitan in outlook. This difference in outlook between the two factions leads to the former camp appealing to “the people” in arguments, whereas the latter often appeal to the authority of a scholar or school of thought. Dudes like Ron Paul and Lew Rockwell are in the former camp; dudes like Steve Horwitz and Eugene Volokh are in the latter. This is not a tension limited to American libertarians, of course. You can find it just about anywhere, but libertarians have made it interesting, mostly because – once they have acquired facts like the one Edwin reports on above – they ask questions like this:

How is it possible for a society like the Netherlands to exist when it had no great thinkers to claim as its own?

The common sense faction will reply with something like this: “That’s easy: because the Dutch people were left alone they were able to prosper. With no busybody do-gooder class of intellectuals around to make rules for the peons, folks were able to thrive thanks largely to personal freedoms and self-interest.” This line of reasoning has a lot of merit to it. In fact I buy it, even though it’s not complete.

I think the Dutch had plenty of good theorists whose work contributed to the peculiar nature of the 15th century Dutch republic, but it is also true that the high theory of guys like Smith and Hume is largely absent from Dutch political thought (I don’t remember reading any Dutch philosophers in my introductory philosophy courses in college, for example). I can clarify this in my own mind by drawing parallels with American political theorists up until the end of World War 2, when the US suddenly became a superpower and has received a great influx of the Really Smart People from around the world. Like the good Dutch political thinkers, nobody outside of the US knows who James Madison or Alexander Hamilton are (specialists excepted, of course). A few quirky weirdos out there might know who Ben Franklin is, but they won’t know him for his political theory.

Maybe this also had to do with the fact that the Dutch (and American) theorists were more concerned with keeping Spain (or other scheming Great Powers) at bay, and this could only be accomplished with a heavy does of pragmatism to supplement ideals; pragmatism is, of course, something that high theory avoids.

The great thinkers, who we all know (even if we have not all read), in contrast, don’t seem to have a lot of experience in policy and diplomacy. Furthermore, these guys all seemed to be in well-integrated outposts of cosmopolitan empires that were largely populated by minorities. Scotland, for example, was part of the British Empire, or Kant’s Prussia, which was technically independent of the Austro-Hungarian Empire but still very much a cultural and economic junior partner to Vienna at the time.

Here is my big question, though: If the Dutch had no Great Thinkers, how were they able to create the richest, most extensive overseas empire the world had ever seen?

Common sense libertarians, 1

Theoretical libertarians, 0

By the way, my answer to that last question goes something like this: the Dutch, as former subjects of the Spanish Empire, had intimate access to Madrid’s trading networks (cultural access as well as economic and political) and this, coupled with the federal republic that Dutch statesmen were able to cobble together, gave lowlanders just enough breathing room to raise the bar of humanity. Again, you can find Dr van de Haar’s new book here.

Philosophical Research on Seasteading

The Seasteading Institute has recently published my philosophical dissertation on ‘Seasteading’. You can find it in the key research section of their Law and Policy page: http://www.seasteading.org/law-and-policy/.

Wayne Gramlich and Patri Friedman[1] founded the Seasteading Institute in 2008 in order to promote the seasteading movement, which has intellectually attracted mostly libertarian-minded individuals. The institute has also attracted funding from Paypal cofounder and early facebook investor Peter Thiel.[2]

A seastead is a permanent habitable dwelling on the ocean that preferably lies outside governmental waters. The Seasteading Institute believes that the creation of permanent societies on the seas can provide an experimentation space for innovative forms of socio-political organizations. The ultimate aim of seasteading is that newly emerging societies will inspire social changes around the world and contribute to human flourishing. First seasteads will be small-scale projects and they may even be constructed within existing governmental territories. However, seasteads could expand organically as technologies improve and innovative ideas of the functions of seasteads would emerge. One of the core ideas of seasteading is that an open experimentation space for social organizations will lead to progress in social rules and legislations, just as an experimentation space for new technologies leads to technological progress.

It is undeniable that social rules and legislations heavily influence all aspects of life, including technological progress and social well-being. One could for example compare North and South Korea, two countries that separated from each other in 1945. Both countries have had more or less the same culture and similar natural resources. However, what differs is their form of social organization; the North came under communist rule, whereas the South embraced western-style capitalism and democracy. Almost 70 years later, the differences in wealth, technological advancement, and social well-being are striking. South-Korea’s GDP per capita is for example 18 times larger, its internet penetration is more than 815 times greater, its life expectancy rate is 10 years longer, and the heights of South Korean pre-school boys are on average 4 centimeters longer. (Taylor, 2013, April 8).

The Seasteading Institute believes that, given that social progress and well-being heavily depend on how society is structured, mankind could make a huge step forward by letting social entrepreneurs start up seasteads to compete with governments in the industry of law-making and by letting millions engage in the experimentation with new forms of social organization.

In the paper, I provide a philosophical investigation of the concept of seasteading from a libertarian anarchist perspective. My investigation revolves around the following research question: “given that governments are resistant to structural changes of governance, how can mankind discover better forms of social organization?”

I argue that seasteading can fulfill that important role of moving mankind forward by experimenting with and finding new forms of social organizations that are best for human flourishing.

In the first chapter, I maintain that one core focus of political philosophy is to deal with the realities of value pluralism and political disagreements. I also contend that the most common form of social organization, representative democracy, does not satisfactorily deal with these realities. Hence, we should look for political possibilities beyond representative democracies. In order to discover these possibilities, we should experiment with new forms of social organization.

Chapter two discusses why there is currently little experimentation with social orders. I approach the issue from a meta-system level perspective and contend that all land on earth is more or less already claimed by states, which leaves little opportunity for people to start new societies on land. By applying the theory of monopoly economics, I maintain that the state’s monopoly on jurisdiction and coercion does not encourage them to provide good rules of law. It rather makes states extremely resistant to large-scale social changes. The obvious solution for finding better forms of governance then would be the introduction of competition into the industry of governments.

Chapter three deals with the epistemological attitude required for the experimentation space. I maintain that this attitude consists of having a sociological imagination, being epistemologically modest, realizing that social order can emerge spontaneously, and that the utopian dream of a single perfect society is impossible.

Chapter four discusses seasteading as the means by which the experimentation space could be realized. By homesteading the seas, a community can build and test new forms of social organization outside the scope of current governments’ control. It could generate new knowledge on social orders, thereby contributing to political philosophy and the social sciences. It could moreover also ease political tensions between citizens with different comprehensive doctrines.

Finally, I raise two objections to seasteading and address them accordingly.

If you would like to see an awesome seastead design, you should watch this video here:

Footnotes
[1] It may be interesting to know that Patri Friedman is the grandson of Milton Friedman and the son of libertarian anarchist David Friedman.

[2] Peter Thiel, previously a student of Political Philosophy at Stanford University, is also founder of the libertarian-minded newspaper The Stanford Review. He is a venture capitalist who is very much influenced by the Austrian School of Economics. With this in mind, it may not be surprising that the early mission of PayPal was to give its users more control over their money by enabling them to switch currencies. The goal of PayPal was to make it, in Thiel’s words (1999), “nearly impossible for corrupt governments to steal wealth from their people through their old means [inflation and wholesale currency devaluations] because if they try the people will switch to dollars or Pounds or Yen, in effect dumping the worthless local currency for something more secure” (Jackson, 2004).

References
Jackson, E.M. (2004). The PayPal Wars: battles with eBay, the media, the mafia, and the rest of planet earth. Los Angeles: World Ahead Publishing, Inc.
Taylor, A. (2013, April 8). A Crazy Comparison of Life in North Korea and South Korea. Retrieved from http://businessinsider.com
Thiel, P. (2009). The Education of a Libertarian. Retrieved from http://cato-unbound.org

Notes On Liberty ART

Cheerted Keo, who is a friend of mine and an aspiring Cambodian artist by way of Holland, is in the process of creating a banner or logo for our “Notes On Liberty” website. Inspired by the subtitle ‘Spontaneous thoughts on a humble creed’ and by Friedrich Hayek’s insights on ‘dispersed knowledge’, he has come up with an art work that represents our libertarian philosophy. His work symbolizes Hayek’s key observation that information is decentralized and that each individual knows just a small fraction of what is collectively known. The result of that, as Hayek has clearly stated in his seminal work The Use of Knowledge in Society (1945), is that it is best to let those with local knowledge make their own decisions in how to plan their own lives.

Although I know that the product is not finished yet, I would already like to share his work in progress with you – click on the images to enlarge them.

Cheerted Keo Notes on Liberty sketchCheerted Keo Notes On Liberty wipCheerted Keo Notes on Liberty wip 2

Please share your thoughts with us about the work. He is making the art work for free, but I thought it would be great to give him some exposure in return. Thus, if you appreciate his work, please spread word about this awesome up-and-coming artist.

If you would like to know more about Cheerted Keo’s works, you can visit his website here: www.ckeo.nl. He is quickly building up his portfolio, has had several exhibitions and is also selling some of his art works.

‘The Bitcoin Gospel’ and its Critiques

Last weekend, November 1st 2015, a Dutch television network broadcast a splendid documentary on Bitcoin entitled ‘The Bitcoin Gospel’ (Het Bitcoin Evangelie). It started off with Roger Ver, also known as Bitcoin Jesus in the Bitcoin community for his active promotions of the cryptocurrency, who is standing in his living room in Tokyo sending Bitcoins to the value of 100 Euros into the living rooms of the Dutch. The first person who scans the QR code of the ‘private key’ gets access to a Bitcoin wallet which holds 100 Euros worth of Bitcoins. At the moment of writing, that same amount of Bitcoin has more than doubled to 217.28 Euros. It is a powerful demonstration of how easy currency flows from one side of the planet to the other. If he would have made the transaction through the traditional way, it would have taken several days and it could have cost him up to 30 Euros. Using Bitcoins, he could send the money practically costless, and almost instantly without the need of any intermediaries.

You can watch the full documentary here:

If I could point out my two most favorite scenes, it would be the beginning scene (0:00 – 2:14) in which we can see Roger Ver’s impressive demonstration of Bitcoin transactions and the ending scene (43:43 – 48:24) where the myth making of its founder, Satoshi Nakamoto, is discussed and where an emotional and teary-eyed Roger Ver talks about the subversive nature of Bitcoins against political injustices.

The documentary however, also featured critics of the cryptocurrency – hence providing a balanced perspective of Bitcoins. Its main critic was Izabella Kaminska, a financial blogger at the Financial Times. She has offered several interesting critiques to which I would like to respond in this article.

1) The first critique that Kaminska offers is that Bitcoin prices are too volatile.
Kaminska reminds the viewers of the turbulent swings in Bitcoin prices. Indeed, if one would take a look at the price chart one would see that Bitcoin did rise 800 percent from $129.46 to $1,165.89 in the three month period from September to November 30 in 2013. Within the next four months, the price would plumb to $344.24. The value of Bitcoin is still extremely volatile – it has ranged between $184.32 and $481.51 in the year 2015.

Bitcoin Chart

In my opinion however, Bitcoin’s volatility is not necessarily deplorable. Its volatility is due to its small market and the experimental phase it is still in. The total market capital of Bitcoins currently stands at $5,676,100,709. It effectively means that only a small amount of money flows into or out of the market can already have huge implications for its price movements. It is therefore only natural that its price is still volatile. Volatility also offers prospects of possible gains, hence attracting more capital from investors. Total investments into Bitcoin related projects in 2015 is already more than double that for 2014. (Coindesk, 2015) The more investments are made into Bitcoin related projects, the greater the chance that Bitcoin will be widely accepted so that eventually in the long run products and services can be denominated in Bitcoins. Hopefully, this will make Bitcoins gain the same relatively low-volatility attribute of many fiat currencies.

2) Kaminska’s second critique is that buying Bitcoins does not benefit the economy as it is not loaned out to provide entrepreneurs with investment capital.
Kaminska contends that Bitcoins are simply sitting idly in people’s wallets – it has no interest, it has no yield, and she even claims that the persons who hold them believe that they have “a right to future income flows as if they are investing.” The statement that those who hold Bitcoins think that they have a right to future income flows is quite bold. Bitcoins are like any other investments in that they are always subjected to uncertainties. No serious investor believes that he has a right to profits. The Bitcoin investor is like an entrepreneur – he knows that he can only make a profit if he anticipates future conditions correctly. The notion that one should not hoard Bitcoins or cash or gold corresponds with the false notion that

“Unspent dollars means reduced sales, and as sales decline, profits drop, layoffs increase, and the total social income decreases, making less money available for consumption. Hoarding induces more hoarding as the economy sinks into a downward spiral.” (Smith, 2009)

What this notion does not take into account is that hoarding is an expression of people’s freedom to achieve personal goals or to deal with economic uncertainties. As George Ford Smith (2009) writes in ‘The Case for Hoarding’, the increased demand for money also makes prices fall. Those who are not hoarding are therefore actually benefitting from the decline in prices.

3) Kaminska’s third critique is that Bitcoin has transferred power from the existing elite to the new 1% of the Bitcoin economy, thereby going against the ‘democratization’ effects of Bitcoins that has been preached by its prononents.
In my view, it is only justified that those who have done the research into Bitcoins and who have taken the high risk to invest in new inventions also have a higher rate of return. Similarly, those who were pioneers by investing in Facebook or Microsoft during their inception period also deserve potentially higher rates of return as these companies were running higher risk of failures. If the first adopters of Bitcoins would not have had the opportunity to make enormous amounts of money, they would not have had investment incentives, it would not have got this successful and this critique of Kaminska would not even have been possible.

4) Kaminska had also argued that the Bitcoin community is extremely absolutist and driven by political ideology which is thrusted on everyone else.
She maintains that when she is paying for coffee she just wants the benefits of a working payment network and smooth transactions, not support for a certain political ideology. The idea that payment systems can be apolitical is an illusion. Governments have always had vested interests in the moneys of its citizens as its existence is entirely dependent on taxation and money creation. Any decision to meddle with the government’s schemes of taxation and manipulation of the money supply is hence always politically charged. It seems to me that she is holding an idealized view of our society if she believes that using USD does not support any political-economic system. Her statement that the Bitcoin community is thrusting their political ideology on everyone else is highly arguable as well. The government is an institution that holds the unjust power to determine which currency can serve as legal tender and which goods – including currencies – can be traded or should be outlawed. Unlike governments, the Bitcoin community does not hold the power to initiate force upon the people. It cannot thrust the adoption of the payment network on all citizens. Indeed, Bitcoin is a free market invention that allows, but not forces, anyone to join the payment network voluntarily.

Kaminska is right, when one uses Bitcoins one is supporting the libertarian political ideology. If one pays with Bitcoins, one is supporting a decentralized payment network through which transaction costs have virtually fallen to zero and through which it is much more difficult for governments and banks to track one’s financial transactions. The really relevant question however is not whether you are supporting a political ideology. The question that should be asked is: should we prefer to give our governments, and central banks the power to manipulate the value of our currency or should we prefer the separation of state and money?

References
Coindesk, (2015). State Of Bitcoin. Retrieved from http://www.coindesk.com/research/state-of-bitcoin-q3-2015/
Smith, G.F., (2009). The Case For Hoarding. The Free Market. Retrieved from https://mises.org/library/case-hoarding

The Crypto Anarchist Manifesto (1988)

Crypto-anarchism is a subversive philosophy that extends anarchism into the world of cyberspace. Crypto-anarchists attempt to protect their privacy and political freedom through the use of information technologies. Timothy May, one of the co-founders of Cypherpunk and writer of the ‘Crypto Anarchist Manifesto’, describes Crypto-anarchism as

“the cyberspatial realization of anarcho-capitalism, transcending national boundaries and freeing individuals to make the economic arrangements they wish to make consensually.”

In this article I would like to post Timothy May’s ‘Crypto Anarchist Manifesto’, which was first spread among like-minded tech-anarchists in mid-1988 at the “Crypto ’88” conference. The Manifesto was also discussed at the first physical Cypherpunk meeting in 1992. Most people have never heard of Cypherpunk, but they might know their most notable member: Julian Assange, founder of Wikileaks.

See here the full Manifesto:

A specter is haunting the modern world, the specter of crypto anarchy.[1]

Computer technology is on the verge of providing the ability for individuals and groups to communicate and interact with each other in a totally anonymous manner. Two persons may exchange messages, conduct business, and negotiate electronic contracts without ever knowing the True Name, or legal identity, of the other. Interactions over networks will be untraceable, via extensive re- routing of encrypted packets and tamper-proof boxes which implement cryptographic protocols with nearly perfect assurance against any tampering. Reputations will be of central importance, far more important in dealings than even the credit ratings of today. These developments will alter completely the nature of government regulation, the ability to tax and control economic interactions, the ability to keep information secret, and will even alter the nature of trust and reputation.

The technology for this revolution–and it surely will be both a social and economic revolution–has existed in theory for the past decade. The methods are based upon public-key encryption, zero-knowledge interactive proof systems, and various software protocols for interaction, authentication, and verification. The focus has until now been on academic conferences in Europe and the U.S., conferences monitored closely by the National Security Agency. But only recently have computer networks and personal computers attained sufficient speed to make the ideas practically realizable. And the next ten years will bring enough additional speed to make the ideas economically feasible and essentially unstoppable. High-speed networks, ISDN, tamper-proof boxes, smart cards, satellites, Ku-band transmitters, multi-MIPS personal computers, and encryption chips now under development will be some of the enabling technologies.

The State will of course try to slow or halt the spread of this technology, citing national security concerns, use of the technology by drug dealers and tax evaders, and fears of societal disintegration. Many of these concerns will be valid; crypto anarchy will allow national secrets to be trade freely and will allow illicit and stolen materials to be traded. An anonymous computerized market will even make possible abhorrent markets for assassinations and extortion. Various criminal and foreign elements will be active users of CryptoNet. But this will not halt the spread of crypto anarchy.

Just as the technology of printing altered and reduced the power of medieval guilds and the social power structure, so too will cryptologic methods fundamentally alter the nature of corporations and of government interference in economic transactions. Combined with emerging information markets, crypto anarchy will create a liquid market for any and all material which can be put into words and pictures. And just as a seemingly minor invention like barbed wire made possible the fencing-off of vast ranches and farms, thus altering forever the concepts of land and property rights in the frontier West, so too will the seemingly minor discovery out of an arcane branch of mathematics come to be the wire clippers which dismantle the barbed wire around intellectual property.

Arise, you have nothing to lose but your barbed wire fences!

Footnote

[1] This is clearly a wordplay on the opening sentence of Karl Marx’ and Friedrich Engels’ The Communist Manifesto which reads: “A spectre is haunting Europe—the spectre of communism.”

Chuang Tzu: The natural disposition of man is Political Anarchism

Chuang Tzu

I just read this great article on ‘Anarchism and Taoism’. I find the Taoist case for anarchism extremely compelling. They sought after the harmonious nature of spontaneous order, the Tao, and internalized it into a tremendously rich personal philosophy of life. It makes me wonder: can a person ‘live’ a Libertarian life? Libertarianism is mostly regarded as a political philosophy in the west, but can it, like the Taoists believe, be regarded as a way of life that is most fulfilling on a personal level as well? These are questions that I still have to find out for myself.

After reading the article on Anarcho-Taoism, I’d like to share a small part of Chuang Tzu’s thoughts on the natural disposition of man here:

Horses live on dry land, eat grass and drink water. When pleased, they rub their necks together. When angry, they turn round and kick up their heels at each other. Thus far only do their natural dispositions carry them. But bridled and bitted, with a plate of metal on their foreheads, they learn to cast vicious looks, to turn the head to bite, to resist, to get the bit out of the mouth or the bridle into it. And thus their natures become depraved.

As with horses, so it is with human beings. Left to themselves they live in natural harmony and spontaneous order. But when they are coerced and ruled, their natures become vicious. It follows that princes and rulers should not coerce their people into obeying artificial laws, but should leave them to follow their natural dispositions. To attempt to govern people with manmade laws and regulations is absurd and impossible: ‘as well try to wade through the sea, to hew a passage through a river, or make a mosquito fly away with a mountain!’. In reality, the natural conditions of our existence require no artificial aids. People left to themselves will follow peaceful and productive activities and live in harmony with each other and nature.

In an essay ‘On Letting Alone’, Chuang Tzu asserted three hundred years BC the fundamental proposition of anarchist thought:

There has been such a thing as letting mankind alone; there has never been such a thing as governing mankind. Letting alone springs from fear lest men’s natural dispositions be perverted and their virtue left aside. But if their natural dispositions be not perverted nor their virtue laid aside, what room is there left for government?