What
Libertarianism Isn’t
by
Edward Feser
The
notion that the political alliance between libertarians and conservatives
is contingent and inherently unstable has become a cliché, and a
tiresome one at that, usually made by persons who have little understanding
of either libertarianism or conservatism. And despite appearances,
the recent testy exchanges between the conservative National
Review’s Jonah Goldberg and the libertarian Reason magazine’s
Nick Gillespie and Virginia Postrel do nothing to confirm the cliché.
It is not that the idea of a fusion of libertarianism and conservatism
does not raise important and difficult philosophical issues; it
does. The emphasis within traditional conservative thinking on
authority, including the authority of a strong (though limited)
state, on an organic conception of society, and on obligations between
human beings that do not rest on contract, do appear at least on
the surface to sit uneasily with the individualism usually taken
to be essential to libertarianism. Those of us sympathetic to “fusionism”
(Frank Meyer’s well known label for libertarian conservatism) believe
that this appearance is misleading, but we wouldn’t deny that it
takes some doing to show that it is.
The recent debate barely begins to address these substantial questions,
though, and focuses instead on the status of another essential,
and far less problematic, feature of conservative thinking: the
preservation of traditional morality – particularly traditional
sexual morality, with its idealization of marriage and its insistence
that sexual activity be confined within the bounds of that institution,
but also a general emphasis on dignity and temperance over self-indulgence
and dissolute living. The scorn for these values (or at least for
those who speak up for them) shown by the likes of Gillespie and
Postrel has led Goldberg to denounce what he calls their “cultural
libertarianism.”
The trouble is, there just is nothing particularly “libertarian”
about this cultural libertarianism. There is, in particular, nothing
in libertarianism that entails that one ought to be in the least
bit hostile to or even suspicious of traditional morality or traditional
moralists. There is thus no reason whatsoever why libertarians
and conservatives ought to be divided over the question of traditional
morality. And ironically enough, while Goldberg himself realizes
this – he does qualify his attack as one on “cultural libertarianism,”
not “libertarianism” full stop – the libertarians Gillespie and
Postrel seem not to. For them, it appears, traditionalists constitute
a force on the political Right that libertarians ought to oppose
as staunchly as they do the socialists to their Left. This, at
least, is the inference one naturally draws from their tendency
to bifurcate between (on the one hand) those who want to impose,
through force of law, their moral views on others, and (on the other
hand) those, like themselves, who refuse to offer the faintest criticism
of anything and everything done between “consenting adults” – as
if there were no third position, viz. that of those who reject the
use of state power to enforce traditional morality, but are nevertheless
critical of those who flaunt it. (It is also the inference one
naturally draws from Gillespie’s preoccupation with drugs and pornography,
not only as political issues, but cultural ones.
Why waste precious space in a libertarian magazine waxing rhapsodic
about the freedom to read dirty magazines, or regale readers with
tales of personal drug use, if such things were not seen somehow
to be relevant to libertarianism? Why not merely say “Don’t criminalize
these practices” and be done with it? After all, Gillespie would
presumably never tax his audience’s patience with effusive descriptions
of automotive repair manuals or accounts of his personal experiences
with Tylenol, even if these products were in imminent danger
of being banned by the state.)
Gillespie
and Postrel are, of course, not alone in failing clearly to understand,
or at least clearly to articulate, the position they represent.
One hears constantly in the popular media of self-styled “libertarian”
celebrities whose libertarianism amounts to little more than an
enthusiasm for legalized abortion and homosexual chic – think Bill
Maher, Camille Paglia, or William Weld. But as one soon realizes
upon learning of some of the other enthusiasms of such people –
gun control, the Clinton health care plan, the extension of anti-discrimination
laws to homosexuals, etc. – their understanding of libertarianism
(and that of the media types who propagate this abuse of the label)
is pretty shallow in the first place. Gillespie and Postrel are
another story though, being, as they are, representatives of one
of the most important and influential journals of libertarian opinion.
It matters when they mischaracterize (even if, as we can charitably
assume, inadvertently) the libertarian position. It is worthwhile,
then, to set the record straight and understand why, Gillespie and
Postrel notwithstanding, libertarianism is by no means hostile to
traditional morality – and indeed, why it ought to be solidly supportive
of it.
There are, to my knowledge, five sorts of argument for libertarianism.
They are:
-
The
utilitarian argument, the suggestion that a free market
and free society best fulfill the goals – prosperity, alleviation
of poverty, technological innovation, and so forth – which libertarians
and their opponents share in common. This is the sort of argument
free market economists like Milton Friedman put the most stress
on.
-
The
natural rights argument, which emphasizes the idea that
individuals have inviolable rights to life, liberty, and property
that it is morally wrong for anyone, including the state, to
violate even for allegedly good reasons (such as taxation for
the sake of helping the needy). This approach has been favored
by libertarian philosophers from John Locke to Robert Nozick
and Murray Rothbard, and also has an intuitive appeal to the
“libertarian in the street” who resents the suggestion that
the government has any business telling him what to do in his
personal life, or with his money or personal property.
-
The
argument from cultural evolution, associated with F.A. Hayek,
who held that societies embody cultural traditions which compete
with one another in a kind of evolutionary process, the most
“fit” traditions – those most conducive to human well-being
– being the ones that survive and thrive, driving their rivals
into extinction, or at least onto the historical sidelines:
hence capitalism’s victory over communism, a culture which respects
private property, contract, and the rule of law being superior
in cultural evolutionary terms to one which does not.
-
The
contractarian argument, which (greatly to oversimplify)
argues in general that all moral claims rest on a (hypothetical)
“social contract” between the individuals comprising society,
and in particular that a libertarian society is what rational
individuals would contract for. This sort of argument is represented
by such libertarian theorists as Jan Narveson and James Buchanan.
-
The argument from liberty,
which claims that freedom per se is intrinsically valuable
– valuable for its own sake – and that the best political
system is therefore the one that maximizes freedom.
None
of these arguments plausibly supports the idea that libertarianism
is incompatible with a strongly traditionalist moral outlook.
One might find this a surprising claim to make about argument 5
– an argument one might assume to be the paradigmatic libertarian
argument, and one that frequently crops up in popular discussions
of libertarianism. But in fact the “argument from liberty” (as
I’ve called it) is, paradoxically, probably the worst argument
anyone has ever given for libertarianism – and is, in any case,
not the sort of argument given by the best known libertarian
writers. The reason why is not hard to see: “Freedom” is a notoriously
vague term, and all sorts of things libertarians would reject can
be, and have been, defended in the name of freedom – redistribution
of wealth (to give the poor and middle class greater “freedom from
want”), an interventionist foreign policy (to help increase the
“freedom from fear” of oppressed peoples throughout the globe),
public education (to maximize “freedom from ignorance”), etc. Libertarians
are indeed interested in freedom, but when one examines their arguments
– especially when those arguments try to show that libertarianism
does not entail maximizing a quasi-socialist “freedom from
want” etc. – it is clear that what is fundamental to libertarian
thinking is not freedom per se, but something else, such as natural
rights: I ought to have the freedom to use my earnings as I see
fit, the libertarian says, but not because freedom per se is a good
thing – after all, the thief would also benefit from the freedom
to use my earnings – but rather because they are my earnings,
because I have a moral right to them.
It is thus really irrelevant whether the “argument from liberty”
is one that would support a rejection of traditional morality –
which it undoubtedly would on some interpretations (just as it would
also support an embrace of traditional morality: “freedom
from sin”). For the argument isn’t a good argument for libertarianism
in the first place.
Argument 4 (the contractarian argument) is a much better argument
for libertarianism. But radically different political philosophies
have also been defended in contractarian terms – the philosopher
John Rawls, famous for his liberal egalitarian theory of justice,
is a contractarian of sorts – and while defenders of this approach
would (plausibly) argue that a libertarian social contract is the
most rationally defensible one, most libertarian theorists have
vied away from this approach in favor of one of the remaining three
alternatives. In any case, there is nothing about this sort of
libertarianism that requires hostility to traditional morality.
Whether or not traditional morality can be defended on a “social
contract” approach is an interesting and important question, but
it is an entirely distinct question from that of whether
libertarianism can be so defended.
The same is true of argument 1, the utilitarian argument. Whether
or not one thinks the free market best “delivers the goods” that
libertarians and non-libertarians alike value is an entirely distinct
question from whether one thinks that traditional morality is also
justifiable in such utilitarian terms. Some utilitarian libertarians
might think it is, others that it isn’t; in either case, their libertarianism
per se is irrelevant.
The natural rights argument (argument 2) gives us the same result,
though it is a little easier to see why some libertarians might
think this one stands in tension with traditional morality. If
I have an absolute right to my property and to my own body, it follows
that the government cannot stop me, say, from fornicating or using
drugs – thus says the libertarian, and thus the appearance of tension
between libertarianism and conservatism. But as (almost) all libertarians
know, the tension is only apparent, and only to those not
used to making rather obvious distinctions (journalists, political
hacks, television personalities who’ve just discovered the word
“libertarian,” etc.). Libertarianism entails that the state
must not impose traditional scruples through force of law; it does
not entail that that such scruples are not valid. What is
not legally binding on us may nevertheless be morally
binding on us. Some libertarians may, of course, dislike
and disagree with traditional moral rules; but others might believe
strongly in them, even though they would not advocate imposing them
on others through the power of the state, and they do not cease
being libertarians for that.
That, as I say, is obvious. It is nevertheless not surprising that
so many people seem not to see it. With some people – the celebrity
“libertarians,” television commentators and other journalists –
garden variety muddle-headedness is no doubt the primary culprit.
With journalists (most of whom are on the Left), there is the extra
element of a political motive, viz. scaring unwary voters into thinking
that anyone who disapproves of homosexuality (or whatever) simply
must be in favor of sending the police into your bedroom
(and perhaps scaring unwary and untutored libertarians into believing
the same nonsense, thus hoping to splinter the Right).
It is, however, surprising that high-profile libertarians like Gillespie
and Postrel do not see it, or at least do not seem too much in a
hurry to acknowledge it. And it is even more surprising that they
seem to see some justification for their reticence in argument 5,
Hayek’s defense of the free society in terms of cultural evolution.
Both writers have appealed to Hayek in support of their advocacy
of openness to the cultural changes decried by traditionalists,
Postrel in her book The Future and Its Enemies, Gillespie
in defending himself against Goldberg; and they have, in particular,
made much of Hayek’s famous claim not to have been a “conservative.”
But such an appeal evinces a rather tendentious and selective reading
of Hayek.
For starters, it cuts no ice breathlessly to refer to Hayek’s essay
“Why I Am Not a Conservative” and wave it like a talisman against
the embrace of the dreaded traditionalists. For (as Goldberg has
wearily had to point out again and again) Hayek’s target in that
essay was essentially the statist conservatism of the European tradition,
not the Whiggish and liberty-oriented conservatism of the Anglo-American
tradition; and his attack had more to do with the use of the
state to prop up decaying social institutions than with the
question of the value of those institutions themselves. More to
the point though, is the substance of Hayek’s position, not
the label he wanted to give it; and it is a commonplace among
Hayek scholars that, no sooner had Hayek rejected the “conservative”
label than his thought took a turn in a decidedly conservative direction.
(In scouring Holy Writ for proof-texts they can use against their
opponents, without regard for context or the niceties of sophisticated
exegesis, Gillespie and Postrel thus rather resemble the Fundamentalists
they wouldn’t be caught dead in the same political movement with.)
Hayek’s theory of cultural evolution – spelled out in The
Fatal Conceit and elsewhere – was a defense of tradition,
rather than an attack upon it, a defense inspired by the father
of modern conservatism, Edmund Burke, himself. (Hayek took to describing
himself late in life as a “Burkean Whig.”) Hayek’s view was that
those fundamental moral and cultural institutions which have survived
through the centuries are, for the very reason that they have survived,
very likely to serve some important social function, so that we
ought to be wary of tampering with them even if we do not always
know precisely what function they serve. Changes to such institutions
are not to be ruled out absolutely, but they are always to be carried
out tentatively and carefully, in piecemeal fashion; and the burden
of proof is in any case always on the innovator, not on the
conservers of tradition. Some changes may indeed turn out to be
beneficial, and the society in which they take place will thrive
as a result and outdo its competitors; but others may well be harmful
and dysfunctional, with the result that the society which abandons
the old ways may suffer damaging effects and even, in the worst
case, ultimate dissolution or collapse.
Hayek applied this defense of tradition not only to the institutions
of private property and contract which underlie market society,
but also to the family and religion, which he as much
as Burke considered bulwarks against the power of the state over
the individual, and sources of the moral education without which
the individual cannot develop the fortitude and self-reliance to
resist the lure of state dependency. And he condemned the notion
that liberty ought to be conceived of as freedom from moral restraints
– as (in Bertrand Russell’s words) “the absence of obstacles to
the realization of our desires” – as a naïve and dangerous rationalist
fantasy, an instance of what he called “the abuse and decline of
reason” in modern intellectual life. (And, we might now be tempted
sadly to add, an instance of the abuse and decline of Reason.)
It
is baffling, then, why anyone should think Hayek’s philosophy a
club with which to beat off traditionalism. Indeed, where traditional
moral scruples are concerned, the Hayekian libertarian ought to
regard change with as much caution as he would changes to the institutions
of property and contract. Nor is it hard to see why this is so,
not just at the level of abstract theory, but at the level of everyday
social and political reality. The family, as we’ve said, is one
of the main barriers standing between the individual and the state,
for it (rather than the state) is the primary focus of a person’s
sense of allegiance to something beyond himself, and is also the
arena within which a person learns (or should learn) how to become
a responsible and self-supporting citizen of the community. When
the family is absent in the life of the individual, the state –
especially if such other “intermediate institutions” as the church
are themselves weakened – tends inevitably to fill the void. Hence
the tendency of single mothers, seeking in government assistance
a surrogate to absent husbands and fathers, to be among the Democratic
Party’s most loyal voters; hence the listlessness and waywardness
of so many of the children of those mothers, giving rise to further
social problems to which the same party is only too willing to offer
state-empowering “solutions”; and hence the self-accelerating cycle
of moral decline leading to state intervention leading to dependency
and further moral decline which has characterized social life in
the Western world since at least the sixties. For such reasons,
maintaining the stability and health of the family must be a chief
concern of libertarians as much as of conservatives.
But
a libertine ethos is manifestly incompatible with this concern.
For the health of the family depends essentially on the willingness
of its members to make sacrifices for its sake, and this means,
first and foremost, a subordination of the fulfillment of parents’
immediate desires to the long-term project of building a stable
and loving home for their children. That, of course, calls for
marriage, and also for precisely the opposite of the frivolous attitude
with which marriage is currently treated in the Western world –
as primarily a vehicle for “personal fulfillment” which one can
enter and exit at will. A society in which the family is strong
is thus a society in which adultery is abominated (even in presidents)
and in which divorce, even if occasionally permitted, is frowned
upon. Since so “stringent” (to the modern mind, anyway) a conception
of marriage might make it less likely that men especially will enter
into it if (as our mothers used to say) they can “get the milk for
free without buying the cow,” it follows that taboos against pre-marital
sexual relations, pornography, etc. will be almost as strong as
the taboos against adultery and divorce in a society in which the
family is taken seriously.
Of
course, there’s nothing terribly original in this mini-defense of
traditional sexual morality; but then, the sociological case for
that morality is not very difficult to make. Moreover, I would
dare say that everyone knows this (except perhaps Postrel,
who absurdly challenges Goldberg to “prove” that pornography is
more damaging to society than religious literature); and everyone
knows it whether or not he happens to live in accordance with that
morality. But it is no doubt because so very many today do not
live in accordance with it that certain libertarians are loath to
associate themselves with its defense. Such an association is,
they fear, a political loser – a chaining of oneself to the sinking
ship of social conservatism, certain doom if one seeks to appeal
to hipsters and the hormonally-unchallenged college crowd.
Now
one might have hoped that anyone serious about the long-term fortunes
of our civilization would want to aim at something higher than what
immediate political expediency and magazine marketing strategies
might call for – higher, that is, than an alliance of those who
want freedom from high taxation and regulation with those who demand,
say, the “freedom” to fornicate and abort the consequences. To
be sure, aiming higher is a very tall order for any citizen of the
“society” of foul-mouthed, oversexed, and thuggish louts that is
now slowly but relentlessly displacing Western Civilization. But
it must be done, nonetheless, if the free society is to survive,
and libertarians who think otherwise are deluded.
As
deluded, it should be added, as those conservatives who think there
can be such a thing as a “conservative welfare state” or that the
state ought to involve itself in funding “faith-based organizations”;
for I by no means would suggest that so-called “cultural libertarians”
alone are to blame for any rift that exists between libertarians
and conservatives. It is understandable why some conservatives
might fear that the war against Big Government is lost, and that
they thus ought to turn their efforts to taming the beast rather
than slaying it. But they’re fooling themselves if they think they
will succeed, and badly need a refresher course in Public Choice
economics. If the war against Big Government really is lost, then
everything else conservatives hope to preserve is lost as well,
for the apparatus of the modern secular state is, and for structural
reasons inevitably will be, in the hands of those hostile to traditional
morality. If it is in the state’s self-interest continually to
increase its citizens’ dependence on it, it follows that it is in
its self-interest to undermine any obstacles to that dependence
– and thus if, as all conservatives believe, the independence of
the individual depends on the sanctity and stability of the family
and on a strong and substantial religious belief, it follows that
it is in the state’s self-interest to undermine the family and religion.
So it is no surprise that, as conservatives have so often argued,
state policy has in fact had precisely this result. Ergo, expanding
the state’s tendrils into private schools (via vouchers) and religious
organizations (via federal funding) will hardly reverse these effects
– in fact in the long run this is liable only to exacerbate them,
as the state gradually imposes its will and the Leftism that is
its operational ideology on those private institutions.
But
most conservatives who delude themselves into making peace with
the legacy of Leftism at least have the good taste to do so reluctantly;
Gillespie, on the other hand, seems positively giddy over the prospect
of a libertarian political alliance with the Left. Yet it is, I
would suggest, no less a delusion to suppose that there is even
any short-term political gain to be had by making an appeal to the
“socially liberal” segment of the electorate. Part of the reason
this is a dubious strategy is that the vast majority of politicians
and voters with any free-market sympathies at all also tend to be
culturally and morally conservative, and are thus likely to be put
off by a movement that thumbs its nose at the things they hold most
dear, leaving the pro-market house unnecessarily divided against
itself. But another reason is that those who are not morally and
culturally conservative are, generally speaking, resolutely hostile
to the ideals of the free market and limited government, and are
thus simply poor recruits for any non-conservative libertarian “third
way.” For the most part, Hollywood producers and starlets are not
both pro-gay rights and pro-growth, lesbian Wiccans are not
yearning for a pro-choice but anti-affirmative action candidate,
and college students were not drawn to the anarchist barricades
in Seattle merely because they thought it might be a good place
to get high and get “laid.”
This,
as the Marxists would say, is no accident. Nor is it an accident
that there is a strong correlation between a society’s level of
secularization and libertinism on the one hand, and the size and
scope of its welfare state on the other. (Compare the USA, which
may be going to hell in a hand basket on both counts – but
still has a ways to go – to Sweden, which has been there for decades.)
For the truth is that it is libertarianism and conservatism that
naturally go together, just like… well, just like love and marriage
(if you’ll pardon so quaint a notion) – and that libertinism and
Leftism also go together (like illegitimacy and state dependency,
you might say). This is clear not only from the Burkean-Hayekian
considerations adduced earlier, but also from the facts that so
many libertarian natural rights theorists ground those rights in
concepts drawn from the Aristotelian and Natural Law traditions
in moral philosophy – traditions famously conservative in their
moral implications – and that, from Friedrich Engels to Betty Friedan,
the chief proponents of socialism and chief opponents of the family
have tended to be the same people. For the same fundamental moral
vision and the same sorts of arguments ultimately underlie respect
for both the free society and traditional morality; and hostility
toward both also has the same psychological and philosophical roots.
If
I had to sum up the common moral vision of libertarians and conservatives,
I would say it is a commitment to the idea of the dignity of
man. On this vision, a human being is not a mere animal, but
a rational being with the power of free moral choice, a person
– a creature made, as religious conservatives would put it, in the
image of God. And because he is this, he (a) cannot legitimately
be used as a resource for others, a source of labor and property
which may be appropriated by the state for its purposes without
his consent, and (b) is subject to the demands of a moral law which
require him to live in a way which accords with his unique dignity,
rather than in thrall to his every fleeting inclination. Libertarians
stress (a) and conservatives (b), but both are united in their insistence
that a man ought not to be a slave, either to another’s desires
or to his own. And it is this insistence that separates them from
the Left, which in its various factions tends to portray human beings
in dehumanizing terms, as little more than clever animals, or as
cogs in a vast social machine, helpless victims of forces beyond
their control – and thus neither fit to rule themselves nor capable
of living up to any morality that would require putting chains on
their appetites.
Spelling
out the common moral vision of libertarianism and conservatism in
a complete and philosophically adequate way is not something I pretend
to have accomplished here. But hopefully I have said enough to
indicate why libertarians and conservatives ought to make the articulation
and development of this common vision a chief concern, and why they
must shore up the alliance between them that flows naturally from
this vision but has been needlessly under strain of late. Libertarians
in particular ought to stop chasing the mirage of a third way “between
Left and Right” and recognize in traditionalist conservatives their
natural allies. True libertarianism isn’t “cultural libertarianism.”
It is instead a profound vision of human beings as free, not properly
subject to the arbitrary will of any man or any government – and
if it is to succeed, and deserve to succeed, it ought to
be committed also to the promotion of an ennobling and inspiring
use of that freedom.
December
22, 2001
Edward
Feser [send
him mail] teaches
philosophy at Loyola Marymount University in Los Angeles.
Copyright
© 2001 LewRockwell.com
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