Robert Nozick and the Value of Liberty
Stephen Metcalf’s prolix takedown of Robert Nozick demands response, not because Metcalf has advanced a novel and Rawls-esque so-interesting-and-powerful-it-must-be-addressed argument, but because he precisely has not. Nozick is, justifiably, a hero of libertarianism (and liberty), and his terrific book, Anarchy, State, and Utopia, as well as libertarianism in general, deserve better than Metcalf’s excoriation.
My colleague Jason Kuznicki started things off admirably. At the risk of beating what ought to be a dead horse, I’d like to add a word or two of my own. I’ll avoid what Jason’s already covered.
Let’s start with Metcalf’s very odd characterization of Nozick’s view of liberty as the primary value. He writes, “Nozick is arguing that liberty is the sole value, and to put forward any other value is to submit individuals to coercion.” Metcalf adds that, according to Nozick and modern libertarians, “Every other value, meanwhile, represents someone else’s deranged will-to-power.”
This claim evinces a common confusion about libertarianism, one that continues throughout the remainder of Metcalf’s article: libertarians don’t believe that liberty is the primary value, we believe that liberty is the primary political value. Like so many critics of libertarianism, Metcalf does not understand the scope of the libertarian argument.
I value liberty, yes, but I also value my health, my daughter’s happiness, and films staring William Powell and Myrna Loy. In fact, libertarians, progressives, and even Robert Nozick value quite a lot of things. The libertarian argument is simply that a state that attempts to directly maximize any value besides liberty—by, say, coercively taxing in order to pay for more Thin Man films—violates individual rights. What’s more, if the state does remain limited to protecting only liberty, we’ll get more health, happiness, and great movies.
According to Nozick and most other libertarians, it is for the protection of liberty that we organize a state—and a state that violates its citizens’ liberty (beyond, arguably, certain “night watchman” duties) commits a moral wrong. Metcalf gets that much right. But this is not because liberty is the only value. Rather, it is because liberty is the only value the state should concern itself with. All the other values—of which there are a great many, not all shared equally by all individuals—are the exclusive concern of civil society.
Nozick argues that it’s wrong for all of us to look in moral horror at Wilt Chamberlain’s earnings, band together into a government, and send in armed tax collectors because we think Wilt’s money could be more valuably used somewhere other than Wilt’s pockets. Nozick’s parable is about the morality of politics while saying nothing about what Wilt ought to voluntarily do with his money. He might choose to spend it all on caviar and rare basketball cards, in which case the rest of us might even be justified in looking down our noses at such “wasteful” behavior. But Wilt might also give a portion of his money to fund homeless shelters, free medical clinics, and scholarships for poor children (as many people in his position in fact do). Or he might use it to launch a new business, employing many of his fellow citizens at decent wages to teach his basketball skills to willing consumers.
Liberty is not the only value. It is the only value within the scope of politics. Liberty is also the value that allows all the other actually-held values to flourish.
Which brings me to this odd bit of Metcalf’s reasoning: “Even in 1975,” he writes, “it took a pretty narrow view of history to think all capital is human capital, and that philosophy professors, even the especially bright ones, would thrive in the free market.” Doesn’t Nozick recognize, he asks, that the very university system he took advantage of to pay his bills while writing his defense of free markets was made possible only by massive government transfer payments? Without a hugely interventionist state, Nozick wouldn’t even be able to pay his rent with his philosophy knowledge, let alone revitalize an intellectual movement.
In effect, Metcalf is saying that Nozick is dumb to support markets because markets wouldn’t support Nozick. If liberty is the only value (of the state), then the talent of philosophy wouldn’t be sufficiently valued (by the market) to allow a fellow like Robert Nozick to do philosophy.
And Metcalf may be right. But if he is, it’s unclear why we shouldn’t also extend his argument to all other talents. A great many mystery novelists, for instance, would love to have academic appointments while they pen new adventures for their detectives. But instead they have to compete in the free market, hoping an audience will value their work enough to pay for it. Last I checked, even in this unforgiving environment, there are a great many mystery novels on shelves.
The fact of the matter is that not all talents are valued, which is why Nozick chose a basketball player to build his case around instead of, say, a teenager who can name every Pokémon from memory. If we are going to create a world in which everything valuable (to Metcalf) is given financial support, we need to organize it such that people are not free to choose their own values. The beauty of the free market is not that it specifically supports basketball playing or philosophy writing, but that it rewards those who have talents that are actually and voluntarily valued by the rest of us. Arriving at an array of values this way seems a good deal better than the alternative, at least. For if we aren’t to leave “value” to the market, we have to leave it to someone. Which means substituting that person’s (or committee’s) particular, uniform conception of value for the variegated bramble that is a free society.
The beauty of liberty is that it allows each of us to pursue our own ends and strive for whatever we value. The curse of liberty is that our striving takes place among a great many fellow strivers, many of who are headed in directions we find elitist or prole, dangerous or dull, distasteful or uninspired. The difference between Nozick’s vision and Metcalf’s is that Nozick embraces that wonderful chaos, provided it happens within a framework of respected rights. Metcalf would strike down choice and replace it with state-endorsed value. He would force all of us or none of us to watch Wilt play, placing the decision to be a spectator or an abstainer not with free individuals but with Stephen Metcalf.
End ED — From the Left!
It’s no secret that expelling the U.S. Department of Education is something that a lot of libertarians, and conservatives who haven’t lost their way, would love to do. What’s not nearly so well known is that there are also people on the left who dislike ED. Now, they don’t dislike it because it and the programs it administers clearly exist in contravention of the Constitution, or because its massive dollar-redistribution programs have done no discernable good. They dislike it because, especially since the advent of No Child Left Behind, it strong-arms schools into doing things left-wing educators often disagree with or resent, like pushing phonics over whole language, or imposing standardized testing. Many also truly believe in local control of schools, though often with power consolidated in the hands of teachers.
Case in point is a guest blog post over at the webpage of the Washington Post’s Valerie Strauss. The entry is by George Wood, principal of Federal Hocking High School in Ohio and executive director of the Forum for Education and Democracy. He writes:
Everybody dislikes bureaucracies, but for different reasons. The “right” complains they are unresponsive, full of “feather-bedders,” and a waste of taxpayer money. The “left” complains they are unresponsive, full of people who are too busy pushing paper to see the real work, and too intrusive into local, democratic decision-making. Maybe we should unite all this new energy for making government more responsive and efficient around the idea of eliminating a bureaucracy that was probably a bad idea in the first place.
Remember that the Department of Education was a payoff by President Jimmy Carter to teacher unions for their support. Before that, education was part of the Department of Health, Education and Welfare.
That’s where I propose returning it. Here are several reasons why:
First, the current structure of the national Department of Education gives it inordinate control over local schools. The federal government provides only about 8% of education funding. But through through NCLB, Race to the Top, and innovation grants, they are driving about 100% of the agenda. Clearly this is a case of a tail wagging a very big dog.
Second, by separating education from health and welfare, we have separated departments that should be working very closely together. We all know, even if some folks are loath to admit it, that in order for a child to take full advantage of educational opportunities he or she needs to come to school healthy, with a full stomach, and from a safe place to live.
But the federal initiatives around education seldom take such a holistic approach; instead, competing departments engage in bureaucratic turf wars that, while fun within the Beltway, are tragic for children in our neighborhoods.
Third, whenever you create a large bureaucracy, it will find something to do, even if that something is less than helpful. After years of an “activist” DOE, we do not see student achievement improving or school innovation taking hold widely. We have lived through Reading First, What Works, and an alphabet soup of changing programs with little to show for it.
In fact, DOE has often been one of the more ideological departments, engaging in the battles such as phonics vs. whole language. Who needs it?
Who needs it, indeed!
As I have touched upon repeatedly since last week’s election, now is the time to launch a serious offensive against the U.S. Department of Education. I have largely concluded that because of the wave of generally conservative and libertarian legislators heading toward Washington, as well as the powerful tea-party spirit powering the tide. But this is a battle I have always thought could be fought with a temporary alliance of the libertarian right and educators of the progressive left who truly despise top-down, one-size-fits-all, dictates from Washington. There are big sticking points, of course — for instance, many progressives love federal money “for the poor” — but this morning, I have a little greater hope that an alliance can be forged.
Monday Links
- Progressives are outraged that the Supreme Court overturned limits on corporate political advertising last month. Here’s why they should be rejoicing.
- Policy forum today at Cato: “Will the Senate Health Care Bill Keep the Poor Poor?” Click here to watch live from 12:00-1:30 PM EST.
- Idea of the day: Cut the Commerce Department to boost real business.
- Harvard economist Jeffrey Miron: “Economists find weak or contradictory evidence that higher government spending spurs the economy. Substantial research, however, does find that tax cuts stimulate the economy and that fiscal adjustments—attempts to reduce deficits by raising taxes or lowering expenditure—work better when they focus on tax cuts.”
- Cato’s Ilya Shapiro wrapping up daily dispatches from the Winter Olympics in Vancouver. More here.
- Podcast: “How Many Libertarians?” featuring David Boaz.
Filed under: Cato Publications; General; Government and Politics; Health Care
Neocons, Progressives, and the Impulse to Bully
Bart Hinkle makes some interesting observations in the Richmond Times-Dispatch about the unfortunate similarities between neoconservatives and progressives. Progressives, he says (and of course they’re not really for progress, so they might better be called left-liberals), spent the Bush years criticizing “bullying,” “heavy-handed meddling,” and even “neoconservative theories of social engineering.” They preferred “soft power.”
Yet turn the subject to domestic policy, and what happens? Progressives eagerly embrace the use of coercive hard power to achieve their aims. Force industry to adopt a cumbersome cap-and-trade policy to reduce carbon emissions? Check. Force the country to adopt a health care “public option”? Check. Threaten people with fines and even prison to impose an individual mandate? Check.
So much for the concern about “social engineering” and well-intentioned but “heavy-handed meddling.” When it comes to domestic policy, progressives are just as eager as neocons are to embrace “expansive dreams” and “gargantuan plans.” Just as hopelessly romantic about what the threat of force can achieve. And just as arrogant about the rightness of wielding it.
After some more critical analysis of the inconsistency of the left, Hinkle concludes:
Of course, everything that has just been said about progressives could be turned with equal validity against conservatives of the talk-radio right — many of whom think Americans should push the rest of the world around, but leave one another the heck alone.
If only there were an alternative to heavy-handed liberals and heavy-handed conservatives…
How Did the FCC Come to Acquire This Power?
Jeff Eisenach and Adam Thierer have a great essay in The American honoring the 50th anniversary of Ronald Coase’s article “The Federal Communications Commission.” It’s timely given the FCC’s proposal to establish public utility-style regulation of the Internet under the banner “net neutrality,” and it’s a good general warning to Neo-Progressives who “see market failure as the source of most problems, and government as the centerpiece of most solutions.”
More Fear-Mongering Claptrap from Max Boot
Max Boot, fellow for National Security Studies at the Council on Foreign Relations and perhaps one of America’s most radical neo-imperialists, eight years ago this month likened the Afghan mission to British colonial rule:
Afghanistan and other troubled lands today cry out for the sort of enlightened foreign administration once provided by self-confident Englishmen in jodhpurs and pith helmets…This was supposed to be ‘for the good of the natives,’ a phrase that once made progressives snort in derision, but may be taken more seriously after the left’s conversion (or, rather, reversion) in the 1990s to the cause of ‘humanitarian’ interventions. [emphasis mine]
Just yesterday, this “stay-the-course” proponent said President Obama should fight on in Afghanistan and properly resource the counterinsurgency mission. Sadly, Boot’s arguments are so faulty and disjointed that it is difficult to decide where to begin first. Here I go…
Boot believes that the coalition should properly resource the war effort. What does that even mean? What Boot neglects to tell his readers is that our current policy requires more troops than we could ever send. The metric for successful counterinsurgency missions suggested by the U.S. Army and Marine Corps would require 200,000 counterinsurgents in southern Afghanistan alone, and upwards of 650,000 in the country as a whole, for upwards of 12 to 14 years—not including the last eight. The time and resources required for assisting Afghanistan would not be accomplished within costs acceptable to American and NATO publics.
Another critical point that Boot fails to disclose is how recklessly ambitious the current mission is. The cost in blood and treasure that we would have to incur—coming on top of what we have already paid—far outweighs any possible benefits, even accepting the most optimistic estimates for the likelihood of success. The United States does not have the patience, cultural knowledge, or legitimacy to transform what is a deeply divided, poverty stricken, tribal-based society into a self-sufficient, non-corrupt, and stable electoral democracy. And even if Americans did commit several hundred thousand troops and decades of armed nation-building, success would hardly be guaranteed, especially in a country notoriously suspicious of outsiders and largely devoid of central authority. Western powers could invest hundreds of thousands of troops and twice or three times the materiel and money and still not create a functioning state. Even in the unlikely event that we forged a stable Afghanistan, al Qaeda might simply reposition its presence into other regions of the world.
Response to Matthew Yglesias re: Uncle Sam’s $4 Million Bike Rack
In response to my criticism of the new federally-financed $4 million bike center set to open at Union Station in Washington, DC, Think Progress blogger Matthew Yglesias says:
I look forward to the day when the Cato Institute does a blog post denouncing each and every publicly financed parking lot or garage in the United States of America.
I’ll take that bait…sort of…
I denounce each and every federally financed parking lot or garage in the United States of America on non-federal property. I’m one of those quaint individuals who recognizes that the Constitution grants the federal government specific enumerated powers. Using federal tax dollars to finance local parking garages, lots, bike centers and racks is not one of the powers granted to the federal government. So let me rephrase my statement from yesterday: Look, I harbor no animosity against [car drivers], but under what authority — legal or moral — does the federal government tax me in order to build [parking garages or lots] for parochial, special interests?
By the way, for an excellent study on the problems with federal subsidies to state and local government, please see my colleague Chris Edwards’ “Federal Aid to the States: Historical Cause of Government Growth and Bureaucracy.”
Here are a few additional random thoughts…
I know so-called “progressives” like Yglesias don’t lose sleep over how much money the federal government spends, but $4 million to park a hundred or so bikes? As Chris Moody noted to me today, if bike security is the major issue, why not pay a guard $12 an hour to stand watch?
Isn’t it possible, just possible, that a bike center with even more racks could have been built for a lot less? Isn’t that the question that people like Yglesias, who want more people on bikes and less in cars, should be asking?
I don’t see anything inherently governmental about building and operating parking garages or bike centers. The absolutely sorriest, most poorly run parking garage system I’ve ever experienced is the one managed by the State of Indiana where I used to work. I recall an overcrowding situation — exacerbated by lousy management — in which the solution put forward was to just build another garage. Hey, someone else is going to pay for it so who cares, right? I often tell people that young libertarians should spend a couple years working in the bowels of government in order to reinforce their belief system with hands-on experience. I’m starting to think “progressives” and other unwavering fans of all-things-government should do the same.
Don’t Leave Room for Desert
Duncan “Atrios” Black sums up and amplifies on a much longer post by Salon’s Glenn Greenwald as follows:
Just adding on to Glenn’s post, much opposition to the government actually doing anything decent for people comes from the idea that the government is going to take my tax money and give it to people who don’t deserve it. The problem is that for decades the Dems have tried to get around this by making sure policies and programs were relatively small and incremental, everything targeted and means tested. But doing that effectively confirmed the critics’ point. The big (giant) government programs which are most popular are the ones which are universal – Social Security and Medicare – and other less controversial government programs, like highway spending, are also perceived to benefit people across the board.
There’s a couple of interesting things going on here that seem worth unpacking. The first is actually a legitimate point about how valid arguments against various kinds of redistribution tend, with unsettling ease, to shade into unsavory demonization of the folks on the receiving end of the transfer. Suppose someone suggests that the government should, either by regulation or direct subsidy, ensure that the indigent are provided with health care or that insolvent homeowners are protected from foreclosure. Now, there are a few types of objections people might raise. There’s an argument from efficiency and incentives: To the extent that the risks associated with individual financial or lifestyle choices are borne by the public, there’s a familiar problem of “moral hazard” reducing incentives for prudence. And there’s an argument from property and autonomy, to the effect that even if people ought to help others in need, each person is entitled to decide whether and how to do so without compulsion. Neither of these implies any blanket judgment about the folks who find themselves in need of aid. The first argument does suggest that redistributive policy will make it rational for people to take more risks at the margin, but it does not follow from either that people who are having trouble meeting their mortgage payments, or people who get sick and cannot afford care, are bad or foolish or irresponsible or otherwise deserving of their fate. And it is a good thing for these arguments that no such conclusion follows, because it’s clearly not true.
We’re Terribly Czarry
My former colleague Dave Weigel makes the excellent point that the supposed explosion of “Czars” under this administration is, in significant part, a function of journalists trying to make the same old “deputy undersecretary” sound sexier. Which is a shame, since it means that the pernicious and the benign get lumped together under the same sensationalist label — one whose public effect is to normalize the idea of unaccountable individuals within the executive branch given sweeping powers to solve specific problems, whether or not that picture is accurate.
I don’t know how much it can be attributed to the Czarmania, but I’m especially puzzled by the apparent emergence of legal scholar and prospective OIRA Adminstrator Cass Sunstein as the new hot bogeyman for conservatives. The Office of Information and Regulatory Affairs, which Sunstein’s been tapped to head, was created in 1980 and is precisely the sort of agency conservatives should love — tasked with catching inefficient and excessively burdensome regulations before they go into effect. It has, unsurprisingly, been most active under conservative presidents, and is one of the few offices where fans of limited government should want a vigorous, influential, and intellectually formidable director at the helm.
Now, Cass Sunstein is not somebody I agree with on a great number of things. On the day he’s tapped for a seat on the Supreme Court bench, I’ll break out in hives. But it’s awfully hard to imagine any realistic alternative — anyone Obama might actually have appointed — who would be better in the OIRA post from a limited government perspective. (I considered some of the specific concerns being raised about Sunstein back in the spring and found that they ranged from exaggerated to simply mendacious.) That’s one reason hardcore progressives have, in fact, been freaking out over his nomination. They must be pinching themselves now that it seems Glenn Beck is out to do their work for them. Say what you will about the tenets of “libertarian paternalism,” but at least it’s an ethos that would demand a far lighter touch on markets than the unreconstructed technocracy of your average regulator.
Michael Lind’s Economic Philistinism
In a recently published article for the journal Democracy, Michael Lind of the New America Foundation lays out “The Case for Goliath” (registration required) — i.e., for returning to the good old days of price-and-entry regulation and cartelized industries. No, seriously.
I’ll give Lind credit for daring to go where his fellow devotees of “nostalgianomics” fear to tread. Many on the left these days look back fondly at the ’50s and ’60s when activist government and strong unions coincided with a narrowing income distribution. What they fail to recognize, or at least admit, is that the political economy of that supposed golden age rested on a systematic muting of competition, both by circumstance and deliberate policy. The devastation of Europe and Japan in World War II, price-and-entry controls, high trade barriers, and the threat of antitrust enforcement against industry leaders all combined to make heavy unionization and above-market wages for union workers economically viable.
This glaring oversight is understandable. There is, after all, overwhelming economic evidence that competition beats cartelization of industry hands down. When government restricts entry by new firms, the predictable result is a stifling of innovation. For example, consider this admission by former FCC chairman Michael Powell: “Because the history of the FCC is, when something happens that it doesn’t understand, kill it. We tried to kill cable. We tried to kill long-distance. When [MCI founder] Bill McGowan starting stringing out microwave towers that threatened AT&T, the FCC tried to stop him. The FCC tried to kill cable because it was going to threaten broadcasting.” (For more details on the the FCC’s lamentable track record, see here.)
The upshot is that progressive fantasies of a return to the good old days are just that — fantasies. Private-sector unions have withered and shrunk not because of changes in labor law, but because unionized firms haven’t been able to hack it in the new, more competitive marketplace (see “Auto industry, U.S.”). So the only way to get back to the days of Big Labor is by throttling the main engine of innovation and productivity: competition. And, well, that just doesn’t sound very progressive, does it?
Lind, though, grasps the nettle and chooses cartels and unions over economic progress. He does try to argue that we can have our cake and eat it too, but his case boils down to a crude post hoc ergo propter hoc fallacy: the big move toward cartelization in the ’30s was followed by good times in the ’50s and ’60s (let’s not talk about the ’70s), so therefore cartelization was good for the economy! Yes, and the Union won the Civil War with inferior generals, so perhaps poor military leadership is a key to victory. The fact is, the strong economic performance of the early postwar decades occurred in spite of, not because of, widespread restrictions on competition.
Though the anticompetitive nostrums Lind peddles are pure poison, he nonetheless deserves commendation. By identifying correctly the link between cartelization and strong unions, Lind highlights the essentially reactionary nature of progressives’ infatuation with Big Labor. He has therefore, however unwittingly, performed a public service.
How Progressive Are You?
I’m two weeks late coming to this, but the “Democratic Wing of the Democratic Party” Obama Administration Farm Team Center for American Progress has developed a quiz aiming to answer the question, “How Progressive Are You?“ The quiz asks you to rank, on a 10-point scale, how much you agree with 40 different statements. Now, I won’t quibble here with the misuse of the word “progressive” — having debased the term “liberal” (which in any other country pretty much means what Cato supports), the Left moves on to its next target — but the quiz highlights the false dichotomy between “progressive” and “conservative.”
The fallacy of this linear political spectrum forces people to wring their hands and call themselves “socially liberal, fiscally conservative” — does anyone call themselves “fiscally liberal” even if they are? — or “moderate” (no firm views on anything, huh?) or anything else that adds no descriptive meaning to a political discussion. Where do you put a Jim Webb? A Reagan Democrat? A Ross Perot voter? A gay Republican? A deficit hawk versus a supply-sider? Let alone Crunchy Cons, Purple Americans, Wal-Mart Republicans, South Park Conservatives, NASCAR dads, soccer moms, and, oh yes, libertarians.
And the statements the quiz asks you to evaluate are just weird. I mean, yes, “Lower taxes are generally a good thing” (I paraphrase) gets you somewhere, but what does “Talking with rogue nations such as Iran or with state-sponsored terrorist groups is naive and only gives them legitimacy” get you? Or “America has taken too large a role in solving the world’s problems and should focus more at home”? What is the “progressive” response to these statements? The “conservative” one? I think I know what the Bush response and the Obama response would be to the first one, but how does either fit into any particular ideology?
The Institute for Humane Studies at least gives you a two-dimensional quiz, so you can see how much government intervention you want in economic and social affairs (the “progressive” view presumably being lots of intervention in the economy, none on social issues). And IHS poses classical debates in political philosophy rather than thinly veiled leading questions relating to current affairs.
In any event, when you finish the quiz, it tells you your score and that the average score for Americans is 209.5. How do they get this number? A selectively biased survey of people who frequent the CAP website would surely score much higher on the progressive scale. No, it’s based on a “National Study of Values and Beliefs.” Well, ok, but, again, if those are the types of questions you ask people — or, even worse, the quiz designers code the survey responses – I’m not sure how much I care about the result. (Incidentally, the survey reveals that “the potential for true progressive governance is greater than at any point in decades.” Great, that’s either a banal formulation of the fact that Democrats have retaken the political branches or a self-serving conclusion. Or both.)
In case anyone cares, I scored 100 out of 400, which makes me “very conservative.” I suppose that won’t come as a surprise to my “progressive” friends, but then I’m always talking to them about how bad the bailouts/stimuli are for the economy, how we should actually follow the Constitution, etc. All the folks who over the years have called me a libertine or hedonist, however, will not be amused to learn that I’m actually one of them…

Matt Yglesias has a lot of 