Law on the market: a debate

I’ve been reading through a great debate of sorts, first encountered in a C4SS anthology. I’m sharing it here, as it’s not everyday that one encounters a semi-live issue getting hashed out by giants in the field.

It starts with Robert Nozick. (Precious little starts with Nozick — we have Randians, Hayekians, Rothbardians, but no Nozickians, and no Nozickian tradition. Although he energized libertarianism as a respectable political philosophy for academics, his narrow scope and silent response to critics seem to have killed his staying power.)

Nozick famously claimed in Anarchy, State and Utopia (1974) that “Individuals have rights, and there are things no person or group may do to them (without violating their rights).” A first reading of Anarchy in the context of institutionalized philosophy makes it seem like a defense of libertarianism from big government, socialistic ideology. But, when Nozick’s connection to the Austro-libertarian anarchists is uncovered, the first part of Anarchy looks much more like a defense of small government from the anarchists.

Nozick tries to deal with the problem of law and police on the marketplace. In Chapter 2 of Anarchy, State and Utopia, he envisions a market model of competing rights-enforcement agencies. Eventually, in the service of their customers, two or more protection agencies will clash. They will fight. This results in the destruction of one (to the immediate monopoly of the other) or the relocation of the customers of each (to the territorial monopoly of each in different jurisdictions). If they choose not to fight because of the high expense, even arbitration can’t prevent a legal monopoly: consolidating to the top through voluntary contracts, government emerges anyway above the agencies. Thus, concludes Nozick, a purely free-market society will evolve into a state through an invisible hand process.

Collected in Free Markets & Capitalism?, published by C4SS, Roderick Long makes an argument against Nozick’s conclusion on the basis of different models of a post-state society (“The Return of Leviathan: Can We Prevent It?” (2013)).

Long points to another argument, this one from Tyler Cowen, that there is no way to save anarchy from collusion leading to monopoly (“Law as a Public Good: The Economics of Anarchy” (1992)).

David Friedman responded to Cowen’s argument the year afterward (“Law as a Private Good: A Response to Tyler Cowen on the Economics of Anarchy“), and Cowen responded back (“Rejoinder to David Friedman on the Economics of Anarchy“). Bryan Caplan, in an unpublished manuscript, critiqued Cowen’s position as well (“Outline of a Critique of Tyler Cowen’s ‘Law as a Public Good’“).

This is a showdown between Nozick and Tyler Cowen on the one hand, and Roderick Long, David Friedman and Bryan Caplan on the other. The whole extended debate is fascinating, but I’m not sure it has a conclusion. Was Nozick correct about the natural emergence of a state? Maybe it will take a NOL writer to finish it off…

 

Lunchtime Links

  1. Are there “hidden taxes” on women in the US? | Do risk preferences account for some of the gender pay gap?
  2. The Military Origins of Urban Prosperity in Europe | Rules of warfare in pre-modern societies
  3. What is the War Powers Act of 1973, and why does it matter? | Thinking about libertarian foreign policy
  4. American and Russian soldiers are shooting at each other in Syria | Why care about Syrians?
  5. State decay and “patchwork” | Laws, Juridification, and the Administrative State
  6. Conservatives and their contempt for detail in governance | Fascism Explained
  7. No, fascism can’t happen here (in the US) | The Gradual, Eventual Triumph of Liberty

Underrated & overrated libertarian thinkers

Here is my take on Tyler Cowen’s views on libertarian thinkers who are either overrated or underrated in shaping the libertarian tradition. Please be aware that I think libertarianism and classical liberalism are two different strands of liberal thought, as argued in more detail in an earlier post here at NOL and in my latest book. Please also note that my judgement will be particularly informed by their views on international relations.

Overrated:

  1. Hans-Hermann Hoppe – completely esoteric ideas about international relations, especially his erroneous and ill-thought idea about private defence through private insurance companies.
  2. Deepak Lal – no complaints about his general work, but his praise for empires was deeply disturbing, even though he meant well. Liberalism and globalization do not need empires, no matter how civilized – in the Oakeshottian meaning – they are meant to be.
  3. Ron Paul – I admire Ron Paul in many ways, but his ideas for ‘a foreign Policy of freedom’ are not much better than Hoppe’s. ‘peace, commerce, and honest friendship’: nice Jeffersonian goals, bad underlying analysis, not least about human nature.

Underrated:

  1. Friedrich Hayek – a far more sophisticated thinker on international relations than he is ever given credit for.
  2. Adam Smith – nowadays erroneously equated with ‘trade leads to peace’ fairly tales. Yet any reader of the complete two volumes of the Wealth of Nations recognizes that the book is also a lot about war and foreign policy, as are his Lectures on Jurisprudence and even a bit in The Theory of Moral Sentiments. Together these make for a full and sophisticated position on international affairs.
  3. David Hume – basically the same as Smith.
  4. Robert Jackson – ok, I am taking liberties here. I do not think Jackson would consider himself a classical liberal or libertarian. But his writings on international relations are important and often have a classical liberal leaning, especially The Global Covenant.

What is the best book about Argentina?

A couple of days ago, Tyler Cowen asked which is “the best book about each country:”

To count, the book must have some aspirations to be a general survey of what the country is or to cover much of the history of the country.   So your favorite book on the French Revolution is not eligible, for instance…

He explicitly skips South America. I can’t blame him, as I’ve never found a book that fully captures (the interrelationship between) the five things that make Argentina Argentina:

1. The fight between Buenos Aires and the Interior for fiscal resources. This was the main cause behind the civil wars of the XIXth century, and the eventual solution — the creation of a federal state that could check the power of Buenos Aires, and where the provinces of the interior would be politically over-represented — continues to be a defining feature of the country’s political economy to this day.

2. The division between “unitarios” and “federales,” which also began in the XIXth century. Although this cleavage was ostensibly about how to organize the country territorially, we should not forget that “politics is not about policy:” the actual division was about the relative status of different social groups. Specifically, he federales fell in the “Trumpian” side of the spectrum, praising the common, unsophisticated man “from here” as opposed to the high-brow cosmopolitanism promoted by the unitarios. Again, this division did not end in the XIXth century; Argentina’s political history during the XXth and beyond — and most notably the phenomenon Peronism — simply cannot be understood without making reference to this opposition.

3. The great immigration. Between the end of the XIXth and the beginning of the XXth century, Argentina embarked in a great social experiment that sought to transform the country by importing huge numbers of European immigrants. During this period, Argentina was the country that most immigrants received as proportion of its population, being second only to the US in the absolute number of immigrants it received. The assimilation of such immigrants was mostly successful, but also had profound consequences in terms of demographics, language, culture, cuisine and surnames (where do you think mine comes from?), as well as the way Argentineans perceive themselves: as a middle-class country of immigrants in which hard work allows you to get ahead in life.

4. Nationalism. One of the unintended consequences of the great immigration was the (government-sponsored) construction of a new national identity, defined in terms of territory rather than blood, race, or national history. This is the origin of Argentines’ sickly relationship with national boundaries, most patently seen in relation to the Malvinas/Falklands issue.

5. Pretorian politics. Between 1930 and 1983, Argentina was governed by no less than five different military regimes (in 1930, 1943, 1958, 1966 and 1976, respectively). The last of them (1976-1983) was especially murderous, as the military  systematically “disappeared” thousands of guerrilla members, political activists, union leaders and Left-wing sympathizers in a vain attempt to engineer a new political system. It is impossible to make sense of the political, social and cultural attitudes that have predominated in the country since 1983 without understanding this past.

Unfortunately, no book comes even close to capturing all these factors simultaneously. That said, the ones that best approach this ideal are the following:

1. Juan José Sebreli, Crítica de las Ideas Políticas Argentinas [A Criticism of Political Ideas in Argentina]. As far as I’ve seen, it’s only available in Spanish, however.

2. Larry Sawers, The Other Argentina. The Interior and National Development. As far as I know, it hasn’t been translated; please tell me I’m wrong.

3. Nicolas Shumway, The Invention of Argentina. There is also a Spanish edition.

PS. If you’re going for some XIXth-century work, don’t get swayed by the beguiling prose of Sarmientos’s Facundo; it’s too dominated by mood affiliation. Juan Bautista Alberdi’s Bases y Puntos de Partida para la Organización Política de la República Argentina [Bases and Starting Points for the Political Organization of the Argentine Republic] is a far better choice.

BC’s weekend reads

  1. I thought the Nancy MacLean’s book attacking James Buchanan was great for present-day libertarianism, in that it only weakens the already weak Left. Henry Farrell and Steven Teles share my sensibilities.
  2. What is public choice, anyway? And what is it good for?
  3. One of the Notewriters reviews James C Scott’s Seeing Like A State
  4. Aztec Political Thought
  5. Turkey dismisses 7,000 in fresh purge
  6. 10 Chinese Megacities to See Before You Die

BC’s weekend reads

  1. Could Kurds hold independence referendum this year?
  2. Meet Germany’s Alt-Right
  3. Tolerated theft, suggestions about the ecology and evolution of sharing, hoarding and scrounging [pdf]
  4. It’s time for some game theory, United Airlines edition
  5. Mormon Transhumanists

BC’s weekend reads

  1. Understanding Trump’s trade mistakes
  2. Empiricism and humility
  3. Epistemological modesty and unintended consequences
  4. Immigrants and slaves
  5. 5 takeaways from the Dutch election