Libertarianism
and ‘Sex, Drugs, & Rock ’n’ Roll’
by
Walter
Block
by Walter Block
Susan
Lee, a member of The Wall Street Journal's editorial board,
has written an interesting essay entitled "Sex,
Drugs and Rock’n’ Roll." Her aim is to distinguish libertarians
from conservatives.
Were
this a student essay handed in from a member of my class, I would
award it a B–. It shows some familiarity with the concepts
involved, but misses many important nuances, and mischaracterizes
even some basic points. This is disappointing, in that we would
expect better political reporting from such a source.
Let
us begin with some of the good points. First and foremost, the choice
of subject. For all too many political economic commentators, the
only distinction worth making is that between liberals and
conservatives, or Demopublicans and Republicanocrats. For a high
profile periodical such as the Wall Street Journal to even
have recognized libertarianism as a distinct philosophy is a great
virtue.
Second,
she starts out strongly: "Libertarianism is simplicity itself.
It proceeds from a single, quite beautiful, concept of the primacy
of individual liberty that, in turn, infuses notions of free markets,
limited government and the importance of property rights."
Well put. Indeed, it would be hard to improve upon this description.
But
then, we run into problems.
In
what is to follow, I offer my critical comments, interspersed with
her text. That is, what appears below is her article, in regular
print, with my comments in italics. In addition, my paragraphs
are indented, hers are not.
Sex,
Drugs and Rock 'n' Roll
Libertarians have more fun – and make more sense.
BY SUSAN LEE
Sometime
this month, Congress will vote on whether to ban cloning, human
and therapeutic. Conservatives want a total ban, liberals only want
to stop human cloning. What's mostly missing from the debate, however,
is the libertarian position. And that's a shame. A little bit of
libertarian thought would clear the political sinuses.
Libertarianism
is simplicity itself. It proceeds from a single, quite beautiful,
concept of the primacy of individual liberty that, in turn, infuses
notions of free markets, limited government and the importance of
property rights.
In
terms of public policy, these notions translate into free trade,
free immigration, voluntary military service and user fees instead
of taxes. Sometimes these policies are argued in a totally unforgiving
way so that it's not easy to separate the lunatics from the libertarians.
But it's a snap to separate libertarians from conservatives.
"Free
trade"? Yes, a thousand times yes. But "free immigration"
is a highly contentious issue amongst libertarians. The prestigious
Journal of Libertarian Studies devoted an
entire issue to this subject, featuring entries from all sides
of this debate. Perhaps the strongest case against open borders
can be found in Hoppe, Hans-Hermann. 2001. Democracy,
the God that Failed: The Economics and Politics of Monarchy, Democracy
and Natural Order, New Brunswick, N.J. Transaction Publishers;
Brimelow, Peter. Alien
Nation: Common Sense about America's Immigration Disaster).
For the diametric opposite point of view see Block, Walter and
Gene Callahan. Forthcoming. "Is There a Right to Immigration?
A Libertarian Perspective," Human Rights Review).
While
the voluntary military resonates far better with libertarians
than a draft, here, too, there are complexities. Suppose that
attracting soldiers through market wages, as opposed to drafting
them, enables an imperialistic nation to wage war even more effectively.
Then, it is hardly clear that the former is to be preferred. (See
on this Block, Walter. 1969. "Against the Volunteer Military,"
The Libertarian Forum, August 15, p. 4.)
And
what is the libertarian supposed to make of "and user fees
instead of taxes"? Both emanate from a government that, presumably,
is operating outside of its proper and very limited functions.
Why should the overburdened citizenry be forced to pay user fees
to government for such things as parks, roads, tunnels, bridges,
libraries, museums, when these are improper roles for the state
in the first place? Rather than paying user fees, these amenities
should be privatized.
Nor can
we overlook "Sometimes these policies are argued in a totally
unforgiving way so that it's not easy to separate the lunatics
from the libertarians." Who is "unforgiving?" Who
are the "lunatics?" One senses that these are libertarians
with whom Lee disagrees, but this simply is not good enough. As
I tell my students, if you want to criticize someone, fine, do
it. Have the courtesy to cite them, and then give reasons against
their stance. But this sort of thing is just name-calling; it
does not by one iota promote intellectual dialogue.
Reading
in between the lines, one discerns that her target is anarcho
capitalists, or libertarian anarchists. These people believe (true
confession time: I am one of them) that that government which
governs best not only governs least, but governs not at all. That
the "single, quite beautiful, concept of the primacy of individual
liberty" leads logically, and inexorably, to no state at
all. In these cases, even the limited tasks assigned by limited
government libertarians, or libertarian minarchists, would be
taken over by the market. This includes armies for defense against
foreign aggressors, police to protect us from domestic malefactors,
and courts to determine guilt or innocence.
For
starters, although these two groups do clasp hands on the importance
of free markets, not all their fingers touch. To conservatives,
the free market takes its force only as an economic construct –
and even then, this is often reduced to an automatic complaint against
high taxes. To libertarians, on the other hand, the model of a free
market functions as a template for all things. Not only does the
market operate as a continuous process for sorting through competing
ideas as well as goods, it also allows each individual to express
himself or herself. The latter is simply a consequence of the market's
function in testing individual preferences. That some ideas triumph
and others fail is necessary.
Our
authoress is close here; an A- on this one paragraph. The conservatives’
adherence to free market principles is very superficial indeed.
I was present at the annual convention of Young Americans for
Freedom, held in St. Louis in 1969 (Rothbard, Murray N. 1969.
"Listen, YAF." The Libertarian Forum, Vol. 1 No. 10, August
15). This was the point at which massive numbers of libertarians
split from this conservative youth group, and began setting up
their own institutions. One highlight of this event was the burning
of a draft card by libertarians, which set the young conservatives
into a hissy fit. The other was the taunt of the latter against
the former: "lazy fairies." For the non-initiated, this
was a jibe at laissez faire capitalism.
But
perhaps the single distinguishing feature between conservatives
and libertarians is that libertarians are concerned with individual
rights and responsibilities over government – or community
– rights and responsibilities. Consider how conservatives and
libertarians divide over cultural issues or social policy. Libertarians
are not comfortable with normative questions. They admit to one
moral principle from which all preferences follow; that principle
is self-ownership – individuals have the right to control their
own bodies, in action and speech, as long as they do not infringe
on the same rights for others. The only role for government is to
help people defend themselves from force or fraud. Libertarians
do not concern themselves with questions of "best behavior" in social
or cultural matters.
Close,
here, but again no cigar. It is not that libertarians are "not
comfortable" with normative questions, regarding the morality
of certain actions. Rather, it is that they have no view whatsoever
on these issues, since theirs is a philosophy which asks one but
one type of question, and gives but one answer. The question?
What is just law? Under what cases is it justified for the institutions
of law and order to utilize force against a person? The answer:
only when he has first initiated force against another person
or his property.
Further,
the government is by no means the same thing as the community
(the advocates of Public Choice to the contrary notwithstanding),
and the group, whatever it is, cannot have any rights or responsibilities.
This applies solely to individuals.
Libertarians
most certainly do concern themselves with questions of
"best behavior" in social or cultural matters. But they do not
do this, they cannot do this, qua libertarians. Rather, they,
like all other human beings, do this in their role as citizens,
individuals, whatever. Similarly, most doctors, chess players
and athletes like ice cream. But they express this taste not as
practitioners of these callings; rather, they do so as individuals.
By
contrast, conservatives are comfortable with normative issues. Conservative
thought works within a hierarchical structure for behavior that
has, at its top, absolute and enduring values. These values are
not the result of the agnostic process of the free market; they
are ontologically inherent. Because conservatives assume that there
is a recognizable standard of excellence, they deal easily with
notions of virtue and moral behavior. For example, they argue that
the state of marriage between a man and a woman possesses great
virtue. And they can go on to distinguish lesser states of virtue
in other types of relationships. This process of distinguishing
isn't an entirely epistemological argument, however; it is based,
in part, on tradition and, in part, on sociology taken from assumptions
about "best behavior."
It
is not exactly true that "conservatives are comfortable with
normative issues," and libertarians are not. Surely, the
question of just law is a normative one. Rather, at least insofar
as modern conservatism is concerned, their perspective is defined
in terms of certain positions on what is virtue and moral behavior.
Someone who favors homosexual marriage is to that extent not a
conservative.
Libertarians
believe that marriage between a man and a woman is just one among
other equally permissible relationships; they eschew the question
of whether there is inherent virtue in each possible state. The
only virtue to be inferred is a grand one – that those involved
are freely consenting and thus expressing individual preferences
in a free market competition among these states. It is no wonder,
then, that the cultural debate between conservatives and libertarians
takes place over a great divide. Unlike debates over economic policies,
there are no liminal issues. Indeed, there cannot be any because
the strictness of the divide is a consequence of opposing matrices.
Conservative thought proceeds from absolutes, hierarchies and exclusivity.
Libertarian thought promotes relativism and inclusiveness –
although, admittedly, this tolerance comes from indifference to
moral questions, not from a greater inborn talent to live and let
live. Conservatives favor tradition and communitarian solutions,
and resort to central authority when it serves their purpose. Libertarians
value individual creativity and are invariably against central authority.
It
is a mistake to believe that "Conservative thought proceeds
from absolutes, hierarchies and exclusivity. Libertarian thought
promotes relativism and inclusiveness…" If anything, almost
the very opposite is the case. Both are absolute in the sense
of having principles, although a sharp distinction must be made
between the principles of the two. For the libertarian, as we
have seen, it is the sanctity of private property rights and the
non-aggression axiom. For the conservatives, matters are a bit
more complex. There are differences between the old right of classical
liberalism, and the Buckley and neo-conservative right. For example,
the former was anti war (isolationists adopting a defensive non-imperialistic
posture in international relations) and the latter two favored
U.S. interventionism into the affairs of other countries.
Nor
does libertarian thought promote relativism and inclusiveness.
I can’t begin to imagine from what source Lee got the former contention;
libertarians are absolute on private property and non-aggression.
As to the latter, libertarians certainly would not prohibit by
law private owners from excluding from their homes, and, yes,
businesses too, any group of people they wish. That is, discriminating
on the basis of age, gender, ethnicity, race, sexual preference,
would all be legal. Would it be moral? That is a question entirely
outside of the realm of this political philosophy.
All
this falls to the bottom line in obvious ways. Conservatives are
against gay marriage, they are often ambivalent toward immigrants,
and patronizing toward women; they view popular culture as mostly
decadent and want to censor music, movies, video games and the Internet.
They crusade against medical marijuana. For their part, libertarians
argue for legalizing drugs; they are in favor of abortion and against
the government prohibition of sex practices among consenting adults.
They abhor censorship. In the conservative caricature, libertarians
believe in sex, drugs and rock 'n' roll – but it is not far
from the truth. Unfortunately, these debates are often animated
by the fact that conservatives see libertarianism only as the face
of what it defends: transgendered persons adopting children, video
games of violent sadism and, yes, cloning. Simply put, the shocking
and repellent decline of civilization. But for libertarians, these
are merely some of the many aspects of a civilization that is advancing
through vast and minute experiments. The exercise of freedom trumps
the discomforts of novelty.
Libertarians
do not favor abortion (pro choice). Nor are they opposed to it
either (pro life). Rather, and I concede there is some debate
on this issue within libertarian circles, they offer a third option,
evictionism. Very briefly, the mother is the owner of her body.
The unwanted fetus is a trespasser. What obligations does the
owner have, when faced with someone sitting in on one’s property?
To remove him, but in the gentlest manner possible. One hundred
years ago, with technology of that era, the only way to remove
a fetus was to kill it. So, the libertarian position implies pro
choice then. One hundred years from now, if technology marches
on, it will be possible to evict the fetus from the womb without
harming it in the least. Then, the libertarian will be a staunch
pro lifer. Right now, matters are more complicated. But the rule
is, roughly, if a fetus can live outside the womb, the mother
may not kill it. If libertarianism were installed tomorrow, there
would be no more partial birth abortions, nor any late in the
last trimester. As technology improves, we would move earlier
and earlier into the second trimester with this ruling. For an
elaboration on this see Block, Walter and Roy Whitehead. Forthcoming.
"Compromising the Uncompromisable: A Private Property Rights
Approach to Resolving the Abortion Controversy," Thomas
M. Cooley Law Review and Block, Walter. 1978. "Abortion,
Woman and Fetus: Rights in Conflict?" Reason, April,
pp. 18–25.
It
is very far from the truth to say that libertarians believe in
sex, drugs and rock 'n' roll. Rather, we believe that these things
should be legal, a very different matter. And, if
there is any one who is patronizing toward women, it is not conservatives,
it is, instead, left liberals. For they are the ones who espouse
"feminism," the basis of which is the premise that women
are helpless and exploited. Nothing could be further from the
truth. See on this Levin, Michael, Feminism
and Freedom, New York: Transaction Books, 1987.
To
push my argument further, libertarian thought, with its fluid cultural
matrix, offers a better response to some of the knottiest problems
of society. It is, especially when contrasted with the conservative
cultural matrix, a postmodern attitude. In fact, it is precisely
this postmodernism that enrages conservatives who are uncomfortable
with a radical acceptance that, in turn, promotes change and unfamiliarity.
Yet no matter how scary (or irritating), libertarian tolerance provides
a more efficient mechanism in dealing with those places where economics,
politics and culture clash so intimately.
While
I of course appreciate this business of "better response
to some of the knottiest problems of society," calling libertarian
thought, a "fluid cultural matrix" is not so much objectionable,
as it is meaningless. Further, Lee must just about be the first
person who has ever characterized libertarianism as "postmodern."
Although
libertarians tend toward an annoying optimism, no reasonable observer
would venture a prediction on the winner of the conservative-libertarian
debate. The outcome depends crucially on where societies ultimately
fix the locus of coercion between liberty and authority for politics,
and between tolerance and conformity for culture. One can imagine,
though, how discouraged F.A. Hayek must have felt in 1944 when he
sat down to write The
Road to Serfdom. Now, few doubt that Hayek has won and that
the economic argument has been settled in favor of free markets.
What remains is the battle over politics and culture. One down,
two to go.
Why
are we libertarians "annoyingly optimistic?" This is
sophomoric; any student of mine who wrote such bilge would feel
my editorial wrath. Dear Miss Lee: If you are going to criticize
a political philosophy, any of them, try to be specific.
She is
also very much mistaken about Hayek’s book. This is hardly the
bastion of free markets it is widely thought to be. Rather, it
"leaks" all over the place, making compromise after
compromise with the socialism of its day (See on this Block, Walter.
1996. "Hayek's
Road to Serfdom," Journal of Libertarian Studies: An Interdisciplinary
Review, Vol. 12, No. 2, Fall, pp. 327–350.
Were this
written by a student of mine, I would have emphasized the positive
more than I have done so here. But this is an adult journalist,
from whom we readers have a right to expect more, and better.
Nevertheless, she did do a reasonably good job, despite all these
errors. After all, the usual mainstream journalistic description
of libertarianism is to dismiss it as a variant of Nazism. At
least this authoress did not sink to that level. I stand by my
B- evaluation.
 August
21, 2004
Dr.
Block [send him mail]
is a professor of economics at Loyola University New Orleans.
Copyright
© 2004 LewRockwell.com
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