Judge Andrew Napolitano is an Excellent Libertarian, Part III

This is the third in a series of my  blogs defending Judge Andrew Napolitano from the charge that he is not really a libertarian, let alone one of the most precious assets in our entire movement.

Here is part I.

For part II go here.

Below, see three more letters that have crossed my threshold as a result of the foregoing.

The first letter is very brief. I entirely agree with it. It is notable mainly because its author, as for the Judge, is also a leading libertarian light. Moreover, he is one with whom I have tangled in the past regarding various libertarian issues. So it is even more gratifying for me that on this matter, he and I are in 100% agreement.

The second letter is the most substantive, and, also, disagrees with my assessment not of Judge Andrew Napolitano, but of my views on Milton and David Friedman.  I characterize both as libertarian, he demurs. I respond to him below.

The third is the most dramatic. It stems from Andrew’s appearance at the Mises University of 2010, nine years ago. Letter writer 3 really did his homework in digging this out. I urge any Napolitano “deniers” to take a peek, not only at what the writer of letter 3 says on the issue of anarchism, but of Lew Rockwell’s introduction to him. This must be the ONLY introduction in the history of the entire universe where the introducer, Lew, does not even mention the name, or specific accomplishments, of the speaker. This introduction is even the more powerful for that. Also, note the ROAR from the massed audience that greets Judge Napolitano when he appears. I hereby ORDER you all to watch at least the first five minutes of this magnificent speech of the Judge. Better yet, the entire excellent educational and inspiring talk. Let’s hear no more about him not being a libertarian. In particular, tune in on this presentation, as letter writer 3 mentions, at this point: 26:35.

Letter 1

From: D

Sent: Tuesday, August 06, 2019 3:11 PM

To: [email protected]

Subject: The Judge

Walter

You are quite right about this.  His strong leaning on Natural Law, his impassioned defense of the individual (properly understood).  I know he has turned many off due to his takes on Trump over the last year or so, but I would consider that I was living in a libertarian society if it was one as defended and described by the judge.

Best, D

Letter 2

From: B

Sent: Tuesday, August 06, 2019 3:18 PM

To: [email protected]

Subject: Judge Andrew Napolitano is an Excellent Libertarian

Dear Walter,

As always you’re almost spot on.  Now, why did I for the only time I remember having to add “almost”? You’re obviously completely correct in stating that not all Libertarians are anarcho-capitalists. That would be wishful thinking and also reduce the numbers of Libertarians a lot. Or if we do more wishful thinking the world would be a lot better with more of us. Now putting on my science glasses I simply don’t agree with you that Milton Friedman was a Libertarian. He was to some degree free market for sure but Libertarian? I don’t think so. However, he did move the general public to move towards more libertarian views. But for himself? I don’t think so. David Friedman is another subject though. He denies being a Libertarian but still wrote the at least very interesting book “The Machinery Of Freedom”.  That book alone makes him (at least) a former Libertarian. I haven’t spoken to David for many years so I can honestly not say what his current stand is.

I also find it curious that we have a party called “The Libertarian Party” when almost all their views and even candidates are far detached from Libertarianism. I think that’s a different story.

One thing I’d like to point out is that if you look at WHAT politicians are doing instead of what they’re saying then you should mention President Jimmy Carter who probably was the most Libertarian President after WW2. Not by ideology, I’m sure but by actions. Also, his actions after leaving office speak volumes in terms of NAP between states. Thanks for reading my comments. Yours, Bo

Dear B: You make an important point about Jimmy Carter. I hadn’t thought of that, and I thank you for it. I’ll have to think about this.

The way I see the libertarian movement, it consists of five elements. I now rank them in the order of greatest adherence to our basic foundations, the non-aggression principle (NAP), homesteading and peaceful economic interaction, and free association.

A. Anarcho capitalism. No government. Period. Most famous adherents: Murray Rothbard, Hans Hoppe, Spooner, Molinari

B. Government limited to armies, courts and police. Limited government. Minarchism. Most famous adherents: Ludwig von Mises, Ayn Rand, Robert Nozick

C. Constitutionalism. The US Constitution, as interpreted by Ron Paul and Andrew Napolitano, the most famous adherents of this view, not by the present Supreme Court. This is a virtual tie with B, above, since that document was a very sound one

D. Classical liberals. Limited government, plus a bit of this and a parcel of that type of intervention. Most famous adherents: Milton Friedman, Friedrich Hayek.

E. Thick libertarians who try to dilute our philosophy with extraneous matters, such as views on homosexuality, egalitarianism, since pure libertarianism has no perspective on any of these issues, as long as they respect the NAP, etc. Most famous adherents: beltway libertarians, those who contribute to the Bleeding Heart Libertarian blog, the present leaders of the Libertarian Party.

David Friedman is an anarcho-capitalist. He belongs in group A. According to my categorization, he gets ranked pretty high. His book, Machinery of Freedom, to be sure, is merely utilitarian, not principled, but what the heck. I’m a big tent libertarian, and I certainly include him.

Here’s a critique of mine about this book of his:

Block, Walter E. 2011. “David Friedman and Libertarianism: A Critique,” Libertarian Papers, Vol. 3, Article 35;http://libertarianpapers.org/articles/2011/lp-3-35.pdf; https://plus.google.com/u/0/107839603122535455846/posts/6QfUcBR1gTS

David’s dad, Milton Friedman, is also a libertarian in my estimation. He belongs in category D., along with another hero of mine, Hayek. Milton was utterly magnificent on rent control, minimum wage, free trade, occupational licensure, and a whole host of other issue of interest to our community. I would rank him third, did you hear that?, third, in terms of numbers of people converted to libertarianism, right after Ron Paul and Ayn Rand. Third, I tells you. If he’s not a libertarian, I’m, as they say, “a monkey’s uncle.”  Here are some of my criticisms of Milton; despite them, I still reserve for him the honorific, “libertiaran”:

Block, Walter E. 2013. “Was Milton Friedman a socialist” Management Education Science Technology Journal (MEST Journal); Vol. 1, No. 1, pp. 11- 26; http://mest.meste.org/MEST_1_2013/_02.pdf;

http://mest.meste.org/MEST_1_2013/Sadrzaj_eng.html

Block, Walter E. 1999. “The Gold Standard: A Critique of Friedman, from the free enterprise perspective, Greenspan,” Managerial Finance, Vol. 25, No. 5, pp. 15-33; http://giorgio.emeraldinsight.com/Insight/viewContainer.do?containerType=Issue&containerId=13529; http://www.mises.org/etexts/goldcritique.pdf

Block, Walter E. 2003. “Private property rights, economic freedom, and Professor Coase: A Critique of Friedman, McCloskey, Medema and Zorn,” Harvard Journal of Law and Public Policy, Vol. 26, No. 3, Summer, pp. 923-951; http://findarticles.com/p/articles/mi_go2782/is_3_26/ai_n6640908/?tag=content

Block, Walter E. 2010. “Milton Friedman on Intolerance: A Critique.” Libertarian Papers; Vol. 2, No. 41;

http://libertarianpapers.org/2010/41-block-milton-friedman-on-intolerance-a-critique/; http://mises.org/daily/6208/Friedman-on-Intolerance-A-Critique

Block, Walter E. 2011. “How Not To Defend the Market: A critique of Easton, Miron, Bovard, Friedman and Boudreaux .” Journal of Libertarian Studies; Vol. 22, pp. 581–592; http://mises.org/journals/jls/22_1/22_1_28.pdf

Block, Walter E. and William Barnett II. 2012-2013. “Milton Friedman and the financial crisis,” American Review of Political Economy, Vol. 10, No. 1/2, June, 2012 – June 2013; pp. 2-17; http://www.ARPEJournal.com; http://arpejournal.com./ARPEvolume10number1-2/Block.pdf; arpejournal.com

Friedman, Milton and Walter E. Block. 2006. “Fanatical, Not Reasonable: A Short Correspondence Between Walter E. Block and Milton Friedman (on Friedrich Hayek’s Road to Serfdom).” Journal of Libertarian Studies, Vol. 20, No. 3, Summer, pp. 61-80; http://www.mises.org/journals/jls/20_3/20_3_4.pdf; https://mises.org/system/tdf/20_3_4.pdf?file=1&type=document

Letter 3

From: A
Sent: Wednesday, August 07, 2019 8:27 AM
To: [email protected]
Subject: Napolitano is an Anarchist (Video)

Dr. Block,

You’re absolutely right about Andrew Napolitano. He is a libertarian through and through. In this video, a Mises U student accuses Napolitano of being an anarchist. The Judge does not deny the charge (26:35).

https://youtu.be/0sNWbiAMf80

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1:59 pm on August 7, 2019