- The Market Police (Neoliberalism) JW Mason, Boston Review
- Libertarians should stop focusing on rent capture Henry Farrell, Cato Unbound
- Libertarians should *really* stop focusing on rent capture Mike Konczal, RortyBomb
- Nationalism is an essential bulwark against imperialism Sumantra Maitra, Claremont Review of Books
My latest Tuesday column over at RealClearHistory takes aim at the history of marijuana in the United States. I’ve got a 600 word limit, but hopefully I packed in plenty of info. Here’s an excerpt:
During the much-loathed Prohibition era (1920-33), marijuana was targeted along with alcohol and other substances deemed immoral by bootleggers and Baptists. Unlike alcohol, which was re-legalized in 1933, marijuana ended up in a legal limbo that continues to this day. The legal, political, economic, and cultural battles surrounding marijuana use in the United States have helped shape three generations of lawyers, businesspeople, activists, academics, and medical professionals. Thanks to the questions posed by marijuana prohibition, rigorous and creative arguments in favor of the drug’s legalization have contributed to a better understanding of our federal system of government, of Judeo-Christian morality, and non-Western ethical systems (pot-smoking “Buddhists” are practically cliche today), of the human body and especially the brain, of global trading networks throughout history, and of intercultural exchange and communication. Freedom still defines us as a society. Freedom binds Americans together. Freedom drives our conversations and our institutional actors. This may be difficult to remember as the news cycle grows ever more sensational, but this quiet, humble truth still remains.
Please, read the rest.
When I graduate Chico State in two years, I’ll have Bachelors in both Philosophy and Criminal Justice and a certificate in teaching Critical Thinking and Logic. The political science degree is largely a buffer for the barren philosophy job market, with the benefit of avoiding comments about wasting my time and money. The free market rewards talent; I am learning multiple skill sets.
The reality of working with a criminal justice degree is that I will probably be in procedural justice at some point. I could study pre-law right now and go for administration or argumentation, but the degrees are sufficiently similar in preparing for law school (philosophy majors do better on the LSAT than law majors, anyway), and the criminological aspect of criminal justice is more interesting than mundane memorization of legal case studies.
At some point, I’ll want to become a detective – it seems like an unmatched intellectual exercise and the work is rewarding. However, to make detective, years of patrol is expected. Almost all detectives and high-ranking officers in police departments begin as beat cops. Here the question arises: how could I possibly enforce laws to which I am strictly morally opposed?
I’ve written elsewhere about the disastrous path of American law enforcement. It’s not a great thing to have on my resume when applying for departments. A simple fact is that outsider thinking is discouraged for patrol.
The criminal justice system relies on tremendous obedience. Alternative thinking just has no place in the enforcement aspect of law enforcement. In war, soldiers follow orders, generals project them, politicians fund them. The police department operates microcosmically similar. (With many veterans returning to the states and serving as officers, this similarity becomes even more prevalent. Much of the ideological militarization of departments has its roots here.) The police are (supposed to be, ideally) the enforcers of democratically conceived legislation. Their role is contingent on society’s and they are not expected to reflect or speculate on the law. My own minor-in-possession infraction a couple years ago is illustrative: having a conversation with my detaining officers, they unanimously agreed that the drinking age should not be lowered. This in a culture with one of the highest alcoholism and binge-drinking rates – not shared by all of the other developed countries with lower minimum drinking ages (the United States is one of very few with over 18 legislation, another notable country is Japan). So, do police officers suffer unashamed ignorance about the discordance of law and order, or dysfunctional faith in the creed of criminal justice, or are they just doing their democratic job and avoiding an opinion?
I don’t think my detaining officers believed that twenty-one is somehow an optimal age to begin legally consuming alcohol. Working in Chico and citing students daily for pulic intoxication (not to mention responding to emergency calls for poisoning) is enough for a reasonable officer to think, hey, maybe this law isn’t doing its job right. So it’s a matter of opinion discretion. Alternative thinking is not appreciated by law enforcement, and reasonably so. Intellectualism has a place in administration and jurisprudence and Constitutional law, but not patrol. Patriotism and firm belief in contemporary majoritarian values are crucial in officers to keep the apparatus functioning and maintain trust between the shared culture in the department and on the street.
Were I to take up the shield – which is probable if departments don’t reject me on behalf of all my anti-authoritarian articles over the past few years – it would seem difficult to reconcile enforcement with my libertarian instincts. Detaining a student for underage drinking, say, would run very counter-intuitive to all my political reasoning thus far. Indeed, I would be the one with an expensive fine were criminal justice not always about the wrong place and the wrong time. (I wonder how communities like Law Enforcement Against Prohibition proceed – you can’t just not do your job on the job. It seems that any conspicuous libertarian ideals would be rooted out from a department.)
And yet the police force, with its declining reputation among citizens, serves a vital role beneath all the of the mala prohibita legislation, tradition and pot busts: public safety. There is the central function of police, beyond their democratic institution, to protect property and life. Liberty is fought for in courtrooms and, ever increasingly, online; not within the police department. In this stance I find myself aligning with R. P. Wolff’s distinction of philosophical opinions and political opinions… he found himself a philosophical anarchist and political liberal, and here I find myself philosophically libertarian and politically democratic.
I don’t think that change begins behind the badge, and so it seems reasonable to continue the supposedly democratically-conceived enforcement as public servant while background processes shape liberty. In fact it’s one of the few ways to be a “public servant” and actually fulfill this function meaningfully.
Also, here’s an article parodying libertarian law that, though ripe with misunderstanding, is hysterical: http://www.newyorker.com/humor/daily-shouts/l-p-d-libertarian-police-department
One has captured the rent associated with being a state in the post-World War II world order. This means that one of these polities gets to build embassies in other states. It gets to participate in congresses. It gets to fly its flag at the United Nations and has access to the World Bank, military hardware markets (“for defense”), and FIFA tournaments.
Rent capture isn’t all good, of course. There are still costs. When Saudi Arabia beheads people, for example, it gets condemned internationally. Its reputation suffers. It has to repair relationships and launch rigorous public relations campaigns. Saudi Arabia has to do these things because if it looks intransigent to enough of its fellow states, there might be official repercussions for its actions. Saudi Arabia can’t just go around killing and looting and raping at will. It has to formalize its killing, looting, and raping through the international order by coming up with a national interest. (A national interest is also important for shoring up domestic support for such activities.)
But incorporating Islamic State into the international order is unfathomable. It’s an immoral action rewarding an immoral pseudo-polity. Besides, the sovereignty of the states of Iraq and Syria would be violated and their borders destroyed. It’s better to just keep bombing the region Islamic State claims to govern and arming the factions that claim to be its enemies. That’s been our policy towards the post-colonial world since 1945 and, while imperfect, it’s been working out well so far…