Archive for the ‘Political Philosophy’ Category
Now Online: The Complete Libertarian Review
Thanks to the good folks at Unz.org, we’ve filled out our archive of the late, great libertarian magazine Libertarian Review. The magazine was published from 1972 to 1981, first as a newsletter of book reviews and then as a glossy monthly magazine edited by Roy A. Childs, Jr. It made quite a splash during those years, and Childs became one of the most visible and controversial libertarian intellectuals. After the magazine folded, as so many intellectual magazines do, he spent almost a decade as editorial director and chief book reviewer for Laissez Faire Books. He had read everything, and he knew everyone in the libertarian movement. He got lots of prominent people — including Murray Rothbard, John Hospers, Thomas Szasz, Roger Lea MacBride, and Charles Koch — to write for the magazine. And he discovered and nurtured plenty of younger writers.
Libertarian Review featured
- news coverage and analysis of inflation, the energy crisis, economic reform in China, the 1979 Libertarian Party convention and the subsequent Clark for President campaign, the Proposition 13 tax-slashing victory (at right), the rise of the religious right, the emergence of Solidarity, Jerry Brown, Three Mile Island, and the return of draft registration.
- classic essays like Jeff Riggenbach on “The Politics of Aquarius”
and “In Praise of Decadence,” Joan Kennedy Taylor on Betty Friedan, Rothbard on “Carter’s Energy Fascism.” - interviews with F. A. Hayek, Howard Jarvis, Paul Gann, Henry Hazlitt, John Holt, and Robert Nozick.
- and especially Roy Childs: on William Simon’s A Time for Truth, on Irving Kristol, on the rise of Reagan, on drugs and crime, on the hot spots of Iran, Afghanistan, and El Salvador.
As Tom G. Palmer put it in a letter published in The New Republic of August 3, 1992, just after Roy died, “Roy Childs was one of the finer members of a generation of radical thinkers who worked successfully to revive the tradition of classical liberalism — or libertarianism — after its long dormancy, and who dared to launch a frontal challenge to the twentieth-century welfare state. An autodidact who knew more about the subjects on which he wrote than most so-called ‘experts’, his writings exercised a powerful influence on a generation of young classical liberal thinkers.”
Happy Birthday, James Madison
Today marks the 261st birthday of James Madison, the politician and theorist who had more to do with the design of the United States Constitution than anyone else.
The morning also brings a sharp critique of judicial elections from the editorial staff of The New York Times. So I am led to wonder: What might Madison have thought of judicial elections?
Article II of the Constitution provides that Supreme Court judges shall be appointed by the president with the advice and consent of the Senate. Article III states that judges shall “hold their Offices during good Behavior.” In the national government, judges are neither elected nor directly responsible to the people. Despite being called “the father of the Constitution,” Madison did not initially support every part of the basic law drafted in Philadelphia. Perhaps he favored judicial elections.
His writings offer little guidance to his views about the judiciary. Alexander Hamilton wrote the essays in The Federalist Papers that dealt with the courts. Kevin R. C. Gutzman, the author of the recent book James Madison and the Making of America, notes that Madison objected at the convention to the proposal that Congress appoint judges. Madison said of Congress: “[M]any of the members were not judges of the requisite qualifications. The Legislative talents which were very different from those of a Judge, commonly recommended men to the favor of Legislative Assemblies.”
I share the intuition intimated by Madison. The legislature and the courts are different in kind. The one, charged with making the laws, should be much more political and directly responsible to the people in a republic. The other, charged with applying the laws including the basic law, should be less responsive to passing public opinion. But the judiciary is a republican institution, not an aristocratic imposition on American government. The people have delegated some of their sovereign power to the courts. In applying the law, the courts act on behalf of the people as sovereign rather than the people as voters.
Might the judiciary become corrupt and begin making laws? Yes. The people’s representatives may then impeach the justices or limit their jurisdiction. Such are the checks this generation of voters has on an imperial judiciary. An elected judiciary, on the other hand, would be neither checked nor separated from the legislature. It would, as Madison remarked, attract legislators who then exercise something like legislative power.
Agree with him or not, you have to admit: Madison was a remarkable individual who was called upon to think through basic political questions and then act on his answers. His answers were not always correct, but we profit by engaging his thinking. I suspect this conversation with “little Jemmy” will continue as long as the United States remains a constitutional republic.
This Week at Libertarianism.org
From the ongoing new and interesting stuff appearing at Libertarianism.org:
George H. Smith kicked off the week with a new Excursions, turning from the intellectual roots of state education–his topic of prior last three essays–to its earliest critics, beginning with Joseph Priestley, the Englishman who discovered oxygen. Smith is also featured in one of the new videos we posted: a 1996 lecture he gave on the moral right to resist authority.
Our Exploring Liberty series of original lectures on the theory and history of libertarianism gained a worthy addition. The economist David D. Friedman introduces and expands upon the idea of a free market in law that he first developed in his classic book, The Machinery of Freedom.
Trevor Burrus contributed a post to Libertarianism.org’s Free Thoughts blog on how libertarians should approach participating in politics. Writes Burrus,
In an age of increasing politicization it becomes more and more necessary to “win” libertarian goals through politics. It is crucial, however, that concessions to politics do not compromise the libertarian message that political choice must be limited in its reach. If we only focus on the next election, this message may be lost and politics will take over, perhaps forever.
We also added new video of Marshall Fritz–founder of the Alliance for the Separation of School and State and Advocates for Self-Government and creator of the World’s Smallest Political Quiz–speaking at an International Society of Individual Liberty conference about the need to keep government out of education.
As always, you can stay up to date with everything going on at Libertarianism.org by following us on Twitter or Facebook.
Save the Cato Institute
No doubt you have read about the lawsuit that Charles and David Koch have filed to give themselves majority control of Cato’s long-dormant shareholder arrangement and therefore control over the Board of Directors, which has heretofore run the Institute for 35 years with no input from the shareholders. Already the Koch forces have managed to put 7 people on the Board.
For now, our friends should know this: We believe this effort is a direct threat to the independence, nonpartisanship, and libertarianism of the Cato Institute. Koch control would destroy 35 years of hard work by our Board, officers, staff, and donors to build the Cato Institute’s brand and reputation. We intend to fight it. And we intend to win and to preserve our independence.
To read more go to SaveCato. And “like” the Facebook page Save the Cato Institute.
There are many links at those sites. But you might be especially interested in Tuesday’s New York Times story. And Steve Chapman’s short item at the Chicago Tribune.
This misguided attempt at corporate control of an independent, nonpartisan think tank is bad for the Cato Institute and bad for the libertarian movement. We hope that everyone will come to see that, soon, before any more damage is done.
New at Libertarianism.org
From the ongoing new and interesting stuff appearing at Libertarianism.org:
- The philosopher J. C. Lester joined us as a guest blogger. He’s put up four posts so far, all explaining his theory of “critical-rationalist libertarianism,” which draws on the thinking of Karl Popper to argue that it is epistemologically impossible to justify theories. “One can only admit that libertarianism is a conjecture and deal with criticisms of it,” Lester writes. Lester’s writing brought responses from the Libertarianism.org bloggers: John Samples, Jason Kuznicki, and me.
- David Boaz wrote his first blog post at Libertarianism.org, arguing for the reality–and recognition–of moral progress.
- George H. Smith posted a new Excursions essay, part of his series on the intellectual roots of state education. This time, Smith turned to the views of Plato’s most famous student.
- Jonathan Blanks published a controversial essay, “Why ‘Libertarian’ Defenses of the Confederacy and ‘States’ Rights’ are Incoherent,” as well as a lengthy response to his critics.
We also released two new videos this week, featuring Gene Burns on the nature and role of government and Gerald O’Driscoll on order and organization in society.
As always, you can stay up to date with everything going on at Libertarianism.org by following us on Twitter or Facebook.
James Q. Wilson on Crime and Drugs
James Q. Wilson, the prominent scholar on political science and crime, has died. His most well-known work was an essay that he co-published with George Kelling in the Atlantic, “Broken Windows” (which is not to be confused with the broken windows fallacy that is so well known in libertarian circles). The gist of that article was that our social order can be pretty fragile. If a broken window is not promptly repaired/replaced, the other windows of that building will soon be intentionally broken–and if nothing is done about that, the neighborhood might well spiral downward and will soon be regarded as a lousy area. The article is now a classic. In my opinion, it was his best work.
Dr. Wilson wrote on a wide range of subjects, but I am most familiar with his writings in the criminal law field. He was a neoconservative — so it will not surprise anyone that I found his record to be mixed. He skewered the liberal ideas that (1) poverty “causes” crime and (2) that prisons are passé. And he cautioned policymakers bent on more gun control laws, pointing to the growing body of evidence that armed citizens thwart a lot of criminal mayhem.
But then there was his approach to drug policy. When Bill Bennett needed academic support or intellectual guidance, he seemed to turn to James Q. Wilson, who, before the creation of the drug czar’s office, called for the creation of the Drug Enforcement Agency in the Nixon period. Like many of the zealots who pushed for alcohol prohibition, he saw the police effort against drug use as a moral crusade: “[D]rug use is wrong because it is immoral and it is immoral because it enslaves the mind and destroys the soul.” For years and years, he championed the conservative program of more police, more prosecutors, more prisons, stiffer penalties. Despite the escalation, drugs remain readily available. And the gang violence–especially in Mexico–is getting worse.
Dr. Wilson was also a big proponent of police “stop and frisk” tactics–the idea that cops should stop pedestrians in the city and frisk them for weapons. For white, middle-class Americans, think about having to endure a TSA airport search on your trips to the grocery store or on your commute to work! (For background, go here and here.)
I never met Dr. Wilson in person, but we spoke several times on the phone after he accepted my invitation to prepare an essay for my book, In the Name of Justice (2009). He was a gentleman-scholar who influenced many.
A Call to Arms: The War on Sugar
New York Times columnist Mark Bittman delivered this commentary on Marketplace Radio:
Mark Bittman: Florida state Sen. Rhonda Storms could never be thought of as progressive. But her bill puts her in the same camp as New York Mayor Michael Bloomberg, who suggested something along similar lines, only to have it batted down by federal ag officials, who described it as “too complex.”
Well, what’s not complex is our relationship with sugar. We eat too much of it: half a pound a day per person — and it makes us fat. The processed food industry says sugar is not to blame. A calorie is a calorie, they say. Limit your total calories — regardless of where they come from — and your health will be fine. That’s total nonsense. A calorie of refined sugar is far more likely to cause damage to your body than a calorie of, let’s say, fiber.
With sugar, we’re in a situation where a dangerous substance is perfectly legal and available everywhere. It’s sold without restriction to everyone, and it’s marketed, with billions of dollars, to children before they can even speak, let alone reason… What choice do we have but to regulate it, just as we would — and do — regulate tobacco and alcohol and, for that matter, firearms?
This is so obvious that Florida state senators not known as forward-thinkers can see it, though the Department of Agriculture evidently can’t. But this is precisely what government is for: to protect us from the things from which we cannot protect ourselves. Sugar is not exactly an invading army, but it can be thought of as a hostile force, and the processed food industry has succeeded in getting us to eat way more of it than is good for us. Will power alone isn’t enough to stop that: we need national defense.
Oh, my. First I note the reflexive use of the terms “progressive” and “forward-thinkers” to mean “believing that government should make your decisions for you.” I look forward to a day when it won’t be regarded as progressive to take autonomy away from adults.
Second, note the hysteria and militarism: “a dangerous substance is perfectly legal and available everywhere. It’s sold without restriction…. [like] firearms….Sugar is not exactly an invading army, but it can be thought of as a hostile force….we need national defense.”
Wow. Sugar . . . it’s “the moral equivalent of war.”
There Is No Objective Definition of ‘Medical Necessity’
California regulators are coming down on Kaiser Permanente. According to HealthLeaders Media, the regulators reviewed a batch of coverage denials and “found that in excess of 75% of the cases the services indeed were medically necessary, and 10% were not.” Indeed?
Now seems like a good time to post what University of Tennessee law professor Haavi Morreim wrote about “The Futility of Medical Necessity“ in Regulation:
Clinical artificiality The ill fit between “necessity” and ordinary medical care is immediately obvious in the question facetiously bandied about when health plans first considered what to do about a recently approved drug for male impotence: How often per month (per week? per day?) is drug-assisted sexual intercourse “medically necessary”?
As typified by that case, most medical decisions do not post clear choices of life versus death, nor juxtapose complete cures against pure quackery. Rather, the daily stuff of medicine is a continuum requiring a constant weighing of uncertainties and values. One antibiotic regimen may be medically comparable to and much less expensive than another, but with slightly higher risk of damage to hearing or to organs like kidneys or liver. For a patient needing hip replacement, one prosthetic joint may be longer-lasting but far costlier than an alternative. Of two equally effective drugs for hypertension, the costlier one may be more palatable because it has fewer side effects and a convenient once-a-day dosage.
Across such choices, it is artificially precise to say that one option is “necessary” — with the usual connotation of “essential” or “indispensable” – while the other is “unnecessary” — with the usual connotation of “superfluous” or “pointless.” Various options have merits, and often no single approach is the clear, “correct” choice. A given option might be better described as “a good idea in this case,” “reasonable, given the cost of the alternative,” “probably better than the alternative, given a specific goal,” “about as good as anything else,” or “not quite ideal, but still acceptable.”
In many cases, the real question is whether a particular medical risk or monetary cost is worth incurring in order to achieve a desired level of symptomatic relief or functional improvement, or to reduce the risk of an adverse outcome or a missed diagnosis. A huge array of treatments fits that description: more or less worthwhile, but the patient will not die without it and other alternatives (that might have some drawbacks) exist. [Emphasis mine.] Read the rest of this post »
Why We Honor George Washington
Today is some vaguely named “Presidents’ Day,” but Wednesday is the anniversary of George Washington’s birth. So it’s a good day to remember the contribution he made to the American republic. I wrote this several years ago:
George Washington was the man who established the American republic. He led the revolutionary army against the British Empire, he served as the first president, and most importantly he stepped down from power.
In an era of brilliant men, Washington was not the deepest thinker. He never wrote a book or even a long essay, unlike George Mason, Thomas Jefferson, James Madison, Alexander Hamilton, and John Adams. But Washington made the ideas of the American founding real. He incarnated liberal and republican ideas in his own person, and he gave them effect through the Revolution, the Constitution, his successful presidency, and his departure from office.
What’s so great about leaving office? Surely it matters more what a president does in office. But think about other great military commanders and revolutionary leaders before and after Washington—Caesar, Cromwell, Napoleon, Lenin. They all seized the power they had won and held it until death or military defeat.
John Adams said, “He was the best actor of presidency we have ever had.” Indeed, Washington was a person very conscious of his reputation, who worked all his life to develop his character and his image.
In our own time Joshua Micah Marshall writes of America’s first president, “It was all a put-on, an act.” Marshall missed the point. Washington understood that character is something you develop. He learned from Aristotle that good conduct arises from habits that in turn can only be acquired by repeated action and correction – “We are what we repeatedly do.” Indeed, the word “ethics” comes from the Greek word for “habit.” We say something is “second nature” because it’s not actually natural; it’s a habit we’ve developed. From reading the Greek philosophers and the Roman statesmen, Washington developed an understanding of character, in particular the character appropriate to a gentleman in a republic of free citizens.
What values did Washington’s character express? He was a farmer, a businessman, an enthusiast for commerce. As a man of the Enlightenment, he was deeply interested in scientific farming. His letters on running Mount Vernon are longer than letters on running the government. (Of course, in 1795 more people worked at Mount Vernon than in the entire executive branch of the federal government.)
He was also a liberal and tolerant man. In a famous letter to the Jewish congregation in Newport, Rhode Island, he hailed the “liberal policy” of the United States on religious freedom as worthy of emulation by other countries. He explained, “It is now no more that toleration is spoken of as if it were the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights, for, happily, the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens.”
And most notably, he held “republican” values – that is, he believed in a republic of free citizens, with a government based on consent and established to protect the rights of life, liberty, and property.
From his republican values Washington derived his abhorrence of kingship, even for himself. The writer Garry Wills called him “a virtuoso of resignations.” He gave up power not once but twice – at the end of the revolutionary war, when he resigned his military commission and returned to Mount Vernon, and again at the end of his second term as president, when he refused entreaties to seek a third term. In doing so, he set a standard for American presidents that lasted until the presidency of Franklin D. Roosevelt, whose taste for power was stronger than the 150 years of precedent set by Washington.
Give the last word to Washington’s great adversary, King George III. The king asked his American painter, Benjamin West, what Washington would do after winning independence. West replied, “They say he will return to his farm.”
“If he does that,” the incredulous monarch said, “he will be the greatest man in the world.”
Chavez Launches Smears against His Opponent
I write on the Huffington Post that Venezuelan strongman Hugo Chavez is reaching into the age-old bag of anti-liberal smears to savage his newly nominated political opponent:
All of these epithets — homosexual, Jewish, bourgeoisie, and more recently, “American” — have been staples of illiberal rhetoric for centuries. Liberals — advocates of democracy, free speech, religious freedom, and market freedoms — have been tarred as “cosmopolitan” and somehow alien to the people, the Volk, the faithful, the fatherland, the heartland.
Hating the Rich, and Other Curiosities
Readers of Cato-at-Liberty should also check out our latest blog, Free Thoughts on Libertarianism.org. Lots of interesting stuff there. Like Aaron Powell on “Why We Get Mad at (some kinds of) Rich People.” And Jonathan Blanks on “Black History and Liberty.” And Jason Kuznicki on NPR and Ayn Rand. And Aaron’s profound disappointment with Sam Harris’s latest book.
Not to mention, of course, an ever-increasing amount of other great material on Libertarianism.org, including
- George Smith’s essays on libertarian ideas
- “Exploring Liberty,” a series of original videos introducing libertarianism
- the complete text of the classic journal Literature of Liberty
- vintage, never-before-seen videos from people like Hayek, Friedman, Rothbard, and most recently David Kelley from 1991 on the faultlines in the Objectivist movement
- essays on major libertarian figures from Lord Acton to Mary Wollstonecraft
- and more!
This Week at Libertarianism.org
Libertarianism.org keeps adding new stuff, so if you’re not a regular reader, now’s a great time to become one. This week we added the following:
- George H. Smith gave us a glance at economic regulations from the past in his new Excursions essay, “Monopolies, Mercantilism, Illegal Buttons, and Saltpeter Men.”
- Jason Kuznicki published a review of Charles Murrary’s new book, Coming Apart: The State of White America, 1960-2010. Kuznicki concludes, “I’ll admit to doubting the problem, and to doubting the solution, and in particular to doubting whether a book by Charles Murray could possibly bring it about (sorry). But is it objectionable? Eh. No. It just isn’t.”
- I published three new blog posts, the first two expanding on my piece from last week about the lessons the tech community should have learned from SOPA. In “How Absolute is Libertarian Skepticism,” I clarified what exactly skepticism in the face of government action looks like. In “Why Should We Be Skeptical About Government?” I explained why skepticism is the proper response to most government proposals. Finally, today I published “‘Why does the stupid government get to take some of my money?’” discussing bad arguments for increasing taxes.
- Libertarianism.org’s media section grew with the addition of the Cato Home Study Course. This 30-hour audio series explores the major ideas and figures in the history of libertarianism.
- We released another short video featuring Douglas Rasmussen, this time on what libertarians can learn from Aristotle.
- Finally, we released two more talks from our archives: Richard Ebeling on the intellectual roots of spontaneous order and David Kelly on the Objectivist movement.


