Talk presented
at LewRockwell.com conference on revisionist health and finances,
Foster City, California December 2, 2006
How many
of you own yourselves?
I ask my
first year property students this question on the first day of
class. I raise the question not simply as an abstract proposition,
but to get them to focus on the functional reality of the property
concept. If you do claim self-ownership, I ask them, why
do you allow the state – or anyone else – to control your life?
And if you do not claim self-ownership, upon what basis
can you object if the state – or anyone else – decides to claim
what you do not want?
This question
leads us into the Dred Scott case, in which the slave,
Scott, appealed to the courts to have his claim of “personhood”
recognized under the law. His claim of “self-ownership” was, as
we know, denied. Scott was the property of others. The reference
that was made last night to Hitler’s wrongdoings, failed to mention
that der Führer was also an advocate of animal rights.
He opposed the use of animals in medical research; but had no
problem with human beings being used for such purposes.
From a libertarian
perspective, the “self-ownership” question is what this conference
is all about. Indeed, this is all that libertarian thinking comes
down to. The “war on drugs,” conscription, taxation, compulsory
education, war, . . . everything the state touches, comes down
to a question of “who owns you?” Ownership is manifested by control,
. . . who gets to make decisions about what?
State-licensed,
state-mandated, state-standardized medical practice, are all at
war with the concept and practice of self-ownership. Your body
and your health have long been regarded by the state as an interest
to be subjected to its control in satisfaction of its purposes.
Lest you believe that the 13th Amendment abolished
slavery – rather than nationalizing the practices –
consider the dissenting words of U.S. Supreme Court Justice, John
Harlan, who – in a 1905 case dealing with state legislation limiting
the number of hours employees could work in bakeries – supported
such legislation, declaring that long hours “may endanger the
health and shorten the lives of the workmen, thereby diminishing
their physical and mental capacity to serve the state. . . ”(emphasis
added). Things have only become worse since then.
I will not
recount the numerous statutes, court decisions, administrative
regulations, and other coercive state measures by which men, women,
and children have been literally compelled to submit their bodies
and minds to state-enforced standards of medical and other health
practices. Neither will I detail the writings of various historians
who have informed us of how the institutionalization and standardization
of productive processes reduce the resiliency of societies to
make creative responses to the processes of change, and eventually
bring about the collapse of civilizations.
I will suggest
to you, however, that our civilization is in such a state of collapse;
that our social world is becoming increasingly decentralized and
organized along horizontal lines, rather than the vertically-structured
systems that have defined the state. The Internet is decentralizing
the communication of information, with some twenty-two million
blogsites in the world – of which LewRockwell.com has become
one the most influential – providing the opportunity for horizontal,
two-way communication among people through some one billion
personal computers. For the first time in human history, each
one of us has the technological capacity to directly communicate
– bilaterally – with every human being on the planet, provided
(a) they all have computers, and (b) they choose to communicate
with us.
Business
firms are discovering the profitability and other advantages of
smallness and decentralized managerial practices, as well as the
sense of profitability that is measured by more than material,
“bottom-line” considerations. Government schools are being effectively
challenged by private schools and home-schooling methods. Alternative
religions are providing people with different avenues for satisfying
their spiritual needs. Satellite radio, iPods, photocopiers, “flash
mobs,” cell-phones, video cameras, and the rise of documentary
film-making, all add to the decentralization of information. There
is also the wonderful example of “Wikipedia,” the on-line encyclopedia
that is both generated and corrected by untold numbers of individuals
adding evidentiary and analytical interpretations to specific
subject matters. There was a recent incident in which one man,
apparently desirous of disparaging Wikipedia, worked some eight
to ten subtle, factually erroneous statements into a number of
Wikipedia subjects. He apparently thought his factual misstatements
would remain undetected for weeks, months, or even years. To his
chagrin, each error had been discovered and corrected within a
matter of a few hours!
In matters
of health care, alternative methodologies are appealing to men
and women who have become disenchanted with traditional medicine.
Because ownership
is reflected in identifying who has control over what is to be
owned, it is encouraging that the movement from vertical to
horizontal forms of organization is being accompanied by
individuals exerting an increased control of their lives. And
with increased control comes increased responsibility for
one’s decisions and actions. The Internet, for example, places
a greater burden upon users to validate the information received
– rather than simply accepting authoritative pronouncements as
“truth.” Alternative schooling requires parents to be more critical
of the content and methodologies of their children’s education,
and to actively participate in their learning process. In alternative
health matters, individuals exert a greater degree of influence
in communicating symptoms and other information to a practitioner,
and seeking out – via the Internet and various publications –
alternative explanations and remedies of which one’s physician
might be unaware. In this way, individuals play a more active
and centered role in their own health, rather than just passively
submitting themselves to information supplied by faceless, mindless
machines, and remedies offered by institutionally-defined “experts.”
At this point,
I would like my wife, Jane, to tell you of a very personal experience
we had in our family that ties in to the theme of this conference.
Two years
ago I was present when our youngest daughter gave birth to our
first grandchild. Our granddaughter was born with an abnormally
long umbilical cord, a true knot in the cord and the cord wrapped
around her neck. None of this was known prenatally, but there
was some concern with fetal distress during delivery. She was,
however, delivered safely.
A year
later, our oldest daughter in her 39th week of her
first pregnancy, saw the doctor for her weekly visit and was
told that everything was fine. Two days later, our grandson’s
heart stopped beating. When he was stillborn, it was evident
that this was an umbilical cord accident. He also had an abnormally
long cord and it was wrapped around his body several times,
at some point compressing the cord and shutting off his blood
supply. An autopsy confirmed there was no other cause of death.
The doctors
insisted that this was a very rare occurrence and highly unlikely
to happen again in subsequent pregnancies. But this baby’s aunt,
the mother of our granddaughter, looking forward to more children
for herself and her sisters, was skeptical and went to the Internet
for more information. Her search regarding umbilical cord accidents
kept coming back to a doctor in Louisiana, Dr. Jason Collins
and his Pregnancy Institute.
She immediately called him from her sister’s Brooklyn apartment
and he spent an hour talking with our two daughters and their
husbands about cord accidents and his method of identifying
and saving at-risk babies.
Officially,
umbilical cord accidents account for approximately 7,500 infant
deaths out of 30,000 stillbirths per year in the United States.
And it is thought that some of the unexplained stillbirths might
also be due to cord compression. In addition to these deaths,
two to three per 1,000 of live births are severely disabled
due to cord compression accidents. There are a variety of cord
problems that can result in difficulties for the fetus: from
problems within the cord itself, to knots, torsion, wrapping
and looping, too long a cord, too short a cord, the location
of the placenta in the uterus, the location of the cord insertion
into the placenta, and more.
Because
of the possibility of problems, Dr. Collins thinks that cord
assessment should be part of every pregnancy’s care package.
Besides his own OB/GYN practice in Slidell, LA, he has spent
over 15 years researching cord accidents and working with pregnant
women who have previously lost a baby. Because fetal heart rate
monitoring reduces the risk of death during labor, he suggests
that the application of fetal heart rate monitoring can be applied
to prelabor high-risk patients to reduce stillbirth risk. With
a high-risk mother, he does an assessment at 28 weeks to identify
potential umbilical cord problems and sends her home with a
hospital-grade fetal heart rate monitor and instructions on
how to monitor her baby’s heart rate for 30 minutes every night
until delivery. These heart rate recordings are transmitted
via the Internet to the Pregnancy Institute where Dr. Collins
observes patterns in the baby’s heart rate and thus can identify
umbilical cord compression patterns. If the evidence shows that
the fetus is compromised, early delivery is considered.
The recordings
are also e-mailed to the woman’s managing physician. And therein
lies a problem. The majority of medical doctors don’t seem to
believe that cord problems can be predicted or managed prenatally.
Fortunately there are a few who are willing to work with their
patient and with Dr. Collins.
Butler’s
talk is titled “Alternative Medicine Is Libertarian Medicine”.
. . certainly Dr. Collins is using an alternative approach in
his practice. Butler also talks about owning ourselves, being
responsible for our lives. In my example, the pregnant woman
is definitely taking control of her own pregnancy and the responsibility
for her unborn child, by monitoring that baby’s heart rate every
night and finding doctors who will work with her and with Dr.
Collins. . .and as most libertarian-minded people know, it’s
not easy to go against accepted truths in any field. Plus, my
example supports Butler’s ideas about the world becoming more
decentralized. What is more decentralized than one woman searching
the Internet for help in delivering a healthy baby, one woman
dealing with one doctor miles away who just might be able to
provide the information that could save her baby’ life. And
now, back to Butler.
The collapse
of external authorities is taking place in other ways as well.
On a broader scale, the most dramatic example – thus far – of
the decline and fall of vertically-structured systems has been
the collapse of the Soviet Union, and its breakup into smaller
states. The further subdivision of Czechoslovakia into the Czech
Republic and Slovakia, and of Yugoslavia into five smaller states,
provides additional examples of the decentralization of systems.
Throughout the world, secession and separatist movements are on
the rise while, at the same time, people are climbing out of their
cannibal melting pots of “e pluribus unum” and identifying
themselves in terms of racial, ethnic, nationalistic, religious,
lifestyle, and other smaller collective subdivisions.
As the French
learned in Algeria and Indo-China; and the Soviet Union learned
in Afghanistan; and America learned in Vietnam; and the entire
world learned on 9/11; and Israel learned in Lebanon; and America
is having to re-learn in Iraq, war itself has become decentralized;
and “all the king’s horses and all the king’s men, will be unable
to put Humpty-Dumpty back together again.”
These and
so many other examples illustrate an emerging truth: “bigness”
is dead! The last of the dinosaurs are becoming extinct, and the
little mammals that once hovered in fear at the feet of reptilian-brained
giants now scurry in pursuit of their varied self-interests in
a multitude of alternative ways. I don’t even have the time to
discuss how the dynamics of chaos and complexity are
providing explanations for this transformation.
Our vertically-structured
world is collapsing into horizontal networks of alternative, autonomous,
and spontaneous systems of order. It is, I believe, a desperate
effort on the part of the “old order” to forcibly resist its collapsing
fate that is the underlying purpose of the “war on terror.” The
political establishment – well aware of the decentralist trends
confronting it – has been busy trying to reinforce the crumbling
walls of its citadels: NATO and the European Union are prominent
examples of this effort, although when the EU has been subjected
to popular ratification in some nations, it has been overwhelmingly
rejected.
It is just
such an awareness – and the purpose of preventing the collapse
of the statist monolith – that now leads George W. Bush on a campaign
– without the support of the American people or even any involvement
by a supine Congress – to create a North American super-state,
comprised of the United States, Canada, and Mexico. So much for
the myth of “We, the People.” Being further aware of Randolph
Bourne’s observation that “war is the health of the state,” the
American state desperately seeks to overcome its terminal condition
by attacking – and threatening to attack – any harmless nations
it finds useful in its campaign to restore the support of Americans.
The state
is like a chicken that has just had its head chopped off: it flaps
and flails around in a noisy and messy display, spreading blood
in its trail. But its fate has already been determined.
Into the
void are arising new, informal, and relatively unstructured systems
that serve the interests of those who choose to associate with
them – rather than the dying practice of conscripting people into
the service of institutions. The decentralized nature of the emerging
social systems is well-reflected in the words of the 2003 Nobel
Peace Prize recipient, Shirin Ebadi. She described the organizational
model that has been successfully used by Iranian feminist groups
in these words: “They are very strong. Their approach is unique
because they have no leaders. They do not have a head or branch
offices. . . . The movement is made even stronger by not having
leaders. If one or two people lead it, the organization would
weaken if these leaders were arrested. Because there is no leader,
it is very strong and not stoppable.” Such is the emerging model
in which liberty and variability will flourish in a decentralized
world.
Perhaps the
most encouraging consequence of this movement toward more individually-centered,
alternative systems, is the emergence of an increased willingness
of men and women to take the responsibility for their lives. Liberty
and responsibility are obverse sides of the same coin, inseparable
from one another. Each of us is responsible – in a causal sense
– for the consequences of our actions because we were in
control of those actions. In the same way that a tornado can be
said to have been responsible for the destruction of Smith’s barn,
being in control of our energies makes us responsible.
Dividing
“liberty” from “responsibility” is but a political trick that
leads only to personal and social conflict. As long as people
allow themselves to believe that others control their lives
and, therefore, bear the responsibility for what happens to them,
we shall continue to witness the proliferation of “victimhood”
in our culture. After all, if I am not responsible for
what happens in my life, then why would I not be inclined to look
upon myself as a victim of other people’s wrongdoings? This mindset
helps us explain not only the adversities in our lives,
but our opportunities for successful undertakings. If I
am not responsible for my own life, then whatever good fortune
is likely to come my way must be regarded as the product of luck
– a mindset that helps to explain the increased popularity of
lotteries. Victimhood and the opportunities for fortuitous wealth
combine to play a role in the growth of personal injury lawsuits:
if I am not responsible for the consequences of my lifetime of
smoking or alcoholism, then the tobacco companies and distillers
must be to blame, and ought to compensate me with millions of
dollars in damages. (It helps, of course, to have the medical
profession define my behavior as a “disease,” which helps reinforce
my sense of victimhood.)
There are
a number of factors contributing to this decentralization in health
care. (1) The rapidly increasing costs of traditional medicine,
much of that promoted by the rigid control of entry (i.e., licensing)
and the accompanying regulation of medical practices by the state.
(2) An awareness – fostered by expanded sources of information
– that equally or even more effective health alternatives and
remedies are available, and at significantly lower costs. (3)
An attraction to the more individualized treatment afforded by
alternative methods, and a movement away from tendencies, in traditional
medicine, to prescribe collective and state-monopolized remedies.
Members of our family go to a homeopathic physician. Our dealings
with her require a much greater degree of personal involvement
in reporting symptoms and other behaviors to her; of being involved
in a two-way relationship in which we bear a greater degree of
responsibility for developing our appropriate remedies than is
the case with traditional doctors. (4) A growing awareness of
the role of self-healing and individualized health maintenance
practices. A psychiatrist friend once brought to my attention
a study showing that men and women with psychological problems
had a slightly better chance of overcoming their disorders by
themselves than with the help of a psychiatrist. Since alcoholism,
drug addiction, and obesity are just a few examples of other personal
problems best resolved through the willful efforts of the person
suffering from such habits, it is not surprising that more and
more people are discovering that good health – like other beneficial
behavior in society – derives from within individuals,
rather than being imposed from without by self-styled authorities.
But beyond
these – and other – pragmatic explanations is to be found another
contributing factor in the rise of alternative health practices,
one which underlies much of the decentralizing dynamics occurring
elsewhere in society. Institutionalized decision-making tends
to be quite dehumanizing, and at war with the autonomous,
spontaneous, and spiritual nature of being human.
Institutionalized
health-care has tended to deal with people in a very mechanistic
fashion. Medical technologies now permit life to be both engineered
and extended in ways that far exceed the forms imagined by Mary
Shelley and Aldous Huxley. As we come to regard ourselves as extensions
of machines; as the substance of our medical care is determined
less by the judgments of a personal physician and more by faceless
insurance company clerks; as politicians, judges, and governmental
bureaucracies insist upon their authority to define when “life”
both begins and ends; and as the control over one’s life increasingly
slips away; there is a gnawing sense, among many people, that
the nonmaterial qualities that give life its deeper, spiritual
meaning, have become immaterial in an institutionalized
world.
These sentiments
were roused, I believe, in the Terry Schiavo case that drew so
much attention last year. Passing over the vulgar exploitation
of this sad affair by politicians and the media, this case seems
to have struck a nerve that helps explain the transformation in
thinking that is helping to dismantle organizational structures
in general, and helping people seek out alternative health-care
practices in particular. What is “life,” and what is it not? Those
who prattle about the “sanctity of life” often overlook the fact
that “life” is self-directed activity; that all of politics is
premised upon forcing life to go in directions it does not choose
to go; and, therefore, that all of politics is anti-life. Thus
have we born witness to the contradictory and confused babblings
of people who pretend to be “pro-life,” even as they whoop up
campaigns for war and capital punishment. At the same time, men
and women who mount the soap-box as champions of “pro-choice,”
have their grocery-lists of favored government programs that deny
to others their choices as to how to use their property, spend
their income, or conduct their lives.
The statists
will, of course, continue to resist the efforts of men, woman,
and children to liberate their lives from the state power structure.
Let me offer just one caveat, however: when Hillary and her crowd
make additional proposals for governmental intervention in health
care, please do not refer to such efforts as “socialized
medicine.” “Socialism” has a pejorative tone to it, and we should
be wary of overstating our objections lest we be accused of hyperbole.
What we have in government-regulated health-care is not socialism.
Under socialism, the state owns all the facilities: the hospitals,
clinics, machinery, etc., and the medical staff are paid employees.
Under our present system, most hospitals are privately owned,
as are the clinics, medical offices, and machinery. Private parties
– not the state – must pay for medical malpractice claims and
insurance premiums. A system in which property is privately owned
but regulated by the state is not one of socialism, but
of fascism. So, please, for the sake of accuracy, and to
avoid being charged with exaggeration, let us refer to our existing
system – and its myriad proposed additions – in more exact terms,
as fascist medicine!
In life and
death issues, as in other areas of human endeavor, it is essential
for us to continue moving to alternative ways of conducting our
lives. In an unpredictable world of interconnected complexities
– wherein decisions are made and communicated throughout the world
in a matter of seconds – the plodding and reactive nature of the
conflict-ridden state has become irrelevant to the realities of
human action. The state has no creative role to play, but operates
only as a hindrance. As its emphasis on “deregulation” and “tax
cuts” demonstrates, the state’s only claim to facilitating human
well-being is to get out of the way of self-directed people!
Like
the headless chicken, the state is brain-dead. Its power derives
from inertia (i.e., the unwillingness of a well-conditioned populace
to consider alternative systems) rather than from intelligent
conviction. There is nothing coming from within its halls that
would engage the mind of any thoughtful human being. It has become
as meaningless to the modern world as a slide-rule in an age of
pocket computers; as out of place as an ice-truck on a residential
street; as irrelevant as legs on a snake. As its actions throughout
the world – including America – demonstrate, it is capable of
nothing more than the infliction of violence, threats, torture,
and fear upon innocent and productive men and women. It produces
nothing more than tools of death and destruction. All of its actions
place it in a state of endless war with the health of people.
In
all aspects of their daily lives, more people are becoming aware
of the irrelevance of political systems, other than as a danger
to be avoided. Rather than attacking these state agencies
of death and destruction, men and women are, in increasing numbers,
walking away from their hallowed halls, in search of alternatives
that serve their interests. As this progression continues, these
liberated souls will give real-world expression to the prognosis
offered by one of the most thoughtful of all libertarian thinkers,
the late F.A. Harper. In words that underlie the sentiments of
all who seek those alternative ways of living that best suit their
individual interests, Harper observed: “the man who knows what
freedom means, will find a way to be free.”