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All You Need Is Toleration – Article by Max Borders

All You Need Is Toleration – Article by Max Borders

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The New Renaissance Hat
Max Borders
January 28, 2014
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Truth carries within itself an element of coercion.
—Hannah Arendt

Identity politics has come to the freedom movement. But does it fit?

Many newly minted libertarians have come out of America’s indoctrination factories feeling a mix of guilt and sanctimony. They’re still libertarians, but they admonish you to “check your privilege” and caution that you may unwittingly be perpetuating a culture of oppression.

Libertarianism alone is not enough, they say.

Our tradition, they urge, needs now to find common cause with various fronts in the movement for “social justice”—struggles against racism, sexism, ageism, ableism, weightism, classism, and homophobia. In that movement, the unit of injustice is the group. Still, joining up means libertarians can attract more young people while forging a more complex, ethically rich political philosophy.

In short, we ought to hitch our wagons to what one might call the “victimhood-industrial complex.” If we don’t, some warn, the millennials will all run to progressivism.

Now if you don’t think this victimhood-industrial complex exists, ask Jonathan Rauch. In his 1993 book Kindly Inquisitors, he argued that free speech was quickly being lost to politically correct censors—especially in higher education. Twenty-plus years later, Rauch says, free speech in the academy is virtually dead:

Unlike most workplaces, universities are at the heart of intellectual life, and so the bureaucratization of speech controls there is more disturbing. In American universities, the hostile-environment and discriminatory-harassment doctrines have become part of the administrative furniture.

And for their student bodies, so also have diversity training, sensitivity seminars, and entire majors devoted to inculcating the victimhood ethos—all of which allows victim groups to justify a dangerous promiscuity with power. That’s one reason libertarians should take caution.

Prime Virtue

To take any moral high ground on matters of subjection, we don’t need to adopt the language or agenda of the victimhood-industrial complex. Indeed, that complex (double entendre intended) is part of progressive intellectuals’ designs on power. It is intended to fragment people along contrived, collectivist lines. And we can do better.

I normally don’t make arguments based on ideological purity, but here’s an area in which pragmatic and philosophical considerations prompt us to look to our own tradition for answers. That is, we libertarians already have a virtue that works. It captures the best of our humane concern for others and discards the bromides, the claptrap, the unearned guilt of the dangerously collectivist “social justice” movement.

That virtue is toleration.

Toleration is what separates libertarianism from competing doctrines, at least when it comes to society and culture. If some principle of non-harm orients our political compass, toleration is a moral guide. I realize that might sound a little funny to anyone who’s spent five minutes on Facebook with a rabid Rothbardian. And, of course, self-styled progressives bandy the term about, too. But the classical liberal form is the original—and most resilient—sense of toleration (or tolerance), because it does not carry with it any baggage that might corrode the rule of law, or the freedoms of expression and conscience.

What has liberated great swaths of humanity is not just the idea that people should be as free as possible; it’s the idea that in order for this great pluralist project to succeed, we have to embrace a virtue that allows us to coexist peacefully with others who may not share our particular ideas about the good life (values, religion, ethnicity, culture, or lifestyle preferences). Classical liberals have always accepted the idea that people are seekers and strivers looking for something. Of course there are a billion paths to happiness, life meaning, and well-being. Accepting that, we have to put the pursuit of happiness first, which requires admitting that we’re all different, one to the next, and we will take different paths.

Toleration starts with conscientiously agreeing not to obstruct another’s path.

Our toleration is also dispositional. A more robust toleration involves a mien of empathy, respect, and open-mindedness. It requires us not just to leave other people alone in their pursuits, but also to consider their perspectives and circumstances. The toleration of social justice is often not so tolerant. It requires conformity, censorship, and consensus.

So, if by “check your privilege” one means try to imagine what life might be like for someone in different circumstances, then great. If by “check your privilege” you’re accusing someone of being part of an oppressor class just because she hasn’t been designated a victim, then you’ve thrown toleration out with the bathwater. This formulation seems to mean your rights and opinions are invalid and you have no real complaints or suffering because you belong to X group. Or, more to the point: You are obligated to pay because people who look like you in some ways did bad things at some point.

The Apparently Perfect vs. the Good

So what does it mean to coexist peacefully with others? And doesn’t toleration have limits? Toleration does not come without its paradoxes, real or apparent. It may be difficult to tolerate the intolerant, for example. But radically free speech and a thick skin are about the best we can do—though such may include fiercely criticizing others for their intolerance in a world without any bright line between disrespect and disagreement. As libertarians, we might draw our own line and not tolerate those who regard themselves as “entitled to force the value [they hold] on other people”—and we can use any peaceful means to thwart them in their attempts to disrupt others’ life plans.

No, toleration is neither a perfect virtue nor the only virtue, but it does the work of peace.

What Liberal Toleration Is Not

Our conception does not require envy or guilt to operate. Nor does it require state censorship or wealth redistribution. It doesn’t require that we adopt cultures and communities we don’t like, but rather acknowledges that those communities and cultures will emerge. Our conception of toleration requires only acknowledgement of differences coupled with that disposition to openness.

Our conception of toleration does not accept the murky idea of victim classes. The problem here is the term “class.” Some member of a class may not be a victim at all. Besides, and more to the point, accepting the idea of victim classes implies that there are perpetrator classes—that if group X has frequently been discriminated against, or abused outright, then all members of group Y are liable for those actions (and, indeed, it’s fair to assume their perspective is tainted).

What’s more, the common acceptance of the idea of a victim class can perpetuate a psychology of victimhood among the members of that class, which holds people back. Some theories of social justice go as far as to require that non-members of the victim class accept that they are victimizers by default. While it is possible to institutionalize mistreatment of a group, justice requires us to dismantle the rot in that institution and to stop putting people into groups at all, not to violate other groups for the sake of abstract redress, or to handicap the excellent, or to reward something irrelevant such as someone’s race.

Proponents of the idea of victim classes view “social justice” as a vague cluster of goods, words, and opportunities to be filtered and apportioned equally among people by an anointed few. What isn’t vague, though, is the power they demand and the privilege they mean to extract. By contrast, proponents of liberal toleration require only that you treat individuals with respect, and first, “do no harm.”

Our conception does not hypostasize or collectivize people—treating them as automatically deserving either special consideration or zealous sensitivity, which is supposed to accrue by virtue of the ascribed group membership. Such collectivism lobotomizes individuals. It robs them of their identities and pushes them to accept identities fashioned by others. It strips them of their individual circumstances. It thins their sense of personal responsibility. And it ignores the content of their character.

Our conception does not demand a perpetual pity party, nor invent reasons to be offended, nor cause one to contrive an invisible latticework of injustice that extends up and out in every direction. Instead, our conception embodies the liberal spirit of “live and let live.” The more people who think that way, the fewer victims—real and imagined—there will be. Toleration needs neither rectitude nor guilt, so demonstrations of piety are also unnecessary. It’s a position that can be held by those who think all people are basically good, or that all people are basically lousy. But that means setting aside the business of sorting out victims (the righteous) and oppressors (the sinful).

Finally, as our conception does not require the ubiquity of injustice, it allows for the flourishing of real community. Real community needs real toleration, free speech, and the inevitable frictions that come along with our colliding perspectives. It is from those frictions that better ideas and more favorable consensuses can emerge—at least if you believe John Stuart Mill and Jonathan Rauch.

Taking Back Toleration

The old adage says: To a hammer, everything looks like a nail. To someone who has been educated in the victimhood-industrial complex, everything looks like social injustice.

Toleration might ask more of us sometimes, such as that we not only acknowledge the differences among people but to try to see things from others’ perspectives (empathy). Taking on that view helps us consider how we might reduce all the frictions and figure out the kind of people we want to be. This is not a political doctrine, however. It’s more like remembering the golden rule. It’s about respecting one’s neighbor—be he Sikh or freak or breeder. It’s about acknowledging what evil, intolerant people have done in the past, but also moving on from it.

Toleration even requires us to put up with—politically, at least—the ugliest forms of expression. As Rauch reminds us, “The best society for minorities is not the society that protects minorities from speech but the one that protects speech from minorities (and from majorities, too).” And that’s hard. One has to listen to different voices, taking into account the circumstances of time, place and person, as opposed to treating people as caricatures. Whatever one’s intentions, we must remember that a lot of evil has flowed from forgetting that people are individuals.

Of course, none of this is to argue that racism or sexism or homophobia doesn’t exist, or to deny that people have been mistreated throughout history for reasons that seem arbitrary and cruel to us. It is not even to deny that people are mistreated to this very day—often for those same arbitrary reasons. Rather, my argument is intended to show that a libertarian principle of respect for persons requires toleration, not identity politics.

The great thing about libertarianism is that it is a political superstructure in which most other political philosophies can operate. No other political philosophy features such built-in, full-fledged pluralism. The other basic political philosophies have built-in asymmetries. Progressivism does not tolerate libertarians living as they wish, but libertarianism tolerates progressives living as they wish (with all the caveats about voluntary participation.) And as Hayek said about the conservative: “Like the socialist, he is less concerned with the problem of how the powers of government should be limited than with that of who wields them; and, like the socialist, he regards himself as entitled to force the value he holds on other people.”

So progressives are intolerant of economic freedom. Conservatives are intolerant of social freedom. Only libertarianism maximizes varying conceptions of the good. Nothing under libertarian doctrine precludes embedded communities of any political stripe, and in a free society, we ought to tolerate these clusters as long as they guarantee a right of exit. Indeed, our only requirement would be that if any such community is to persist, it should do so in a matrix of persuasion rather than of coercion.

If we take back toleration, we have a moral high ground that is both appealing to younger generations and works to the benefit of all people. We don’t have to live with the contradictions of progressive social engineers or with conservatives’ half-hearted deference to individual liberty. By practicing real toleration, we can dispel all the various “isms” while leaving people their life plans.

And that’s good enough for libertarianism.

This article was originally published by the Foundation for Economic Education.

Max Borders is the editor of The Freeman and director of content for FEE. He is also cofounder of Voice & Exit and the author of Superwealth: Why we should stop worrying about the gap between rich and poor.

Meaningful and Vacuous “Privilege” – Article by G. Stolyarov II

Meaningful and Vacuous “Privilege” – Article by G. Stolyarov II

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The New Renaissance Hat
G. Stolyarov II
December 3, 2013
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Sanford Ikeda’s concise and insightful lists of 14 common fallacies about the free market (available in two installments from The Freeman here and here) motivate careful thought about the commonly used and misused term “privilege” and the conflations in which it can result. In discussing the second fallacy regarding the free market, that it is identical to a system where the government grants special privileges to businesses, Dr. Ikeda writes that “People sometimes define ‘privilege’ as any advantage a person or group may have over others. Certainly such advantages exist today and would exist in a free market—you may be born into a wealthy family or have superior drive and resourcefulness—but these advantages are consistent with the absence of privilege in the libertarian sense, as long as you acquired such advantages without fraud or the initiation of physical violence against the person or property of others.”

Indeed, the increasingly common usage of the term “privilege” to mean any advantage whatsoever eviscerates it of any genuine meaning it once had. This problem in today’s discourse spreads far beyond discussions of connections between businesses and governments.

Certainly, the very fact that one individual is different from another – with a different set of experiences, different physique, different knowledge, and even different standing room at any particular time – provides that individual with opportunities that the other lacks, while rendering him or her limited in ways that the other is not. Unfortunately, this trivial fact is increasingly being misconstrued in some circles to suggest vile inequities arising out of innocuous human differences. People who have not aggressed against, or even demeaned or ridiculed, anyone are increasingly being identified as “privileged” simply for belonging to broadly and crudely defined groups – be it all people of European descent, all males, or even all non-overweight people (witness the pseudo-concept of “thin privilege”) or people who are not disabled. (“Ableism” is apparently an emerging sin in the vocabulary of the increasingly militant and vitriolic collectivistic “social justice” movement – which is about neither true individual-oriented justice nor the preservation of a civilized and tolerant society.)  Such a vacuously expansive view of privilege is a tremendous insult to the true victims of coercive privilege throughout history – from slaves in all eras, to women who in prior eras were denied suffrage and property rights, to the freethinkers and forbears of liberty and reason, whose voices were too often snuffed out by the arbitrary power of absolute monarchs and theocrats in the pre-Enlightenment world.

Thomas Jefferson, an opponent of privilege in its meaningful sense, put it best when he expressed in his 1826 letter to Roger C. Weightman “the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride legitimately, by the grace of god.” Jefferson was a staunch opponent of the coercive privilege that enabled some to gain artificial advantages by restricting others from pursuing life-improving courses of action. Accidents of birth, or special lobbying skills, should not, in a just system, enable a person to acquire prerogatives which could not be earned through the free, peaceful exercise of that person’s abilities. Jefferson saw the future and strength of the American republic in the hoped-for emergence of a “natural aristocracy of talent and virtue” – people who, when allowed the liberty to flourish through honest work and competition, would become role models for others solely through their examples. This natural aristocracy would not need force to maintain its prominence, because the traits of the most knowledgeable, most industrious, and most virtuous people will be emulated by any who earnestly seek to improve their own lives and who have the freedom to acquire knowledge and make their own decisions.

Yet Jefferson’s natural aristocracy would be denounced as an example of horrid “privilege” by the “social justice” types – simply due to the necessarily unequal distribution of outcomes on a free market of open and honest production, competition, and cooperation. After all, not everyone can originate the same ideas at the same time. Not everyone can take advantage of the same opportunity for entrepreneurial profit, whose attainment, as economist Israel Kirzner demonstrated in Competition and Entrepreneurship, arises out of alertness to opportunities that others have missed. Kirzner writes that “Because the participants in [a] market are less than omniscient, there are likely to exist, at any given time, a multitude of opportunities that have not yet been taken advantage of. Sellers may have sold for prices lower than the prices which were in fact obtainable… Buyers may have bought for prices higher than the lowest prices needed to secure what they are buying…” (43). Would it be an example of unacceptable “privilege” for an alert entrepreneur to remedy such an arbitrage opportunity and thereby bring otherwise-unrealized value to consumers?

Yes, the free exercise of human abilities will produce outcomes where some people will have some advantages over some others (while, of course, leaving fully open the possibility that those very others will have their own distinct advantages, obtained through hard work, knowledge, or sheer luck). But, as long as coercion is not involved in securing and maintaining those advantages, the people endowed with them are not “booted and spurred” to ride the rest of us. As Dr. Ikeda points out, the differences among people are a source of strength harnessed by the free market: “The free market gives you an incentive to profit from associating with and learning from others who might be very different from you, who operate outside your normal social networks.” By incentivizing and facilitating these interactions, the free market encourages greater tolerance, understanding, and visible societal heterogeneity of the sort that constitutes the best safeguard against truly heinous oppressions based on collectivistic stereotypes. Instead of condemning others as being too “privileged” simply on account of innocuous differences, it is far more productive to think about how those differences can help one achieve one’s own values through honest, peaceful, and productive interaction, cooperation, and exchange.

Refutation of RockingMrE’s “Transhuman Megalomania” Video – Essay and Video by G. Stolyarov II

Refutation of RockingMrE’s “Transhuman Megalomania” Video – Essay and Video by G. Stolyarov II

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The New Renaissance Hat
G. Stolyarov II
August 11, 2013
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Video

Essay

As a libertarian transhumanist, I was rather baffled to see the “Transhuman Megalomania” video on the Rocking Philosophy YouTube channel of one, RockingMrE. Rocking Philosophy appears to have much in common with my rational individualist outlook in terms of general principles, though in not in terms of some specific positions – such as RockingMrE’s opposition to LGBT rights. The channel’s description states that “Above all Rocking Philosophy promotes individualism and a culture free of coercion. Views are based on the non-aggression principle, realism, and a respect for rationality.” I agree with all of these basic principles – hence my bewilderment that RockingMrE would attempt to assail transhumanism in extremely harsh terms – going so far as to call transhumanism “a mad delusion” and a “threat looming over humanity” – rather than embrace or promote it. Such characterizations could not be more mistaken.

In essays and videos such as “Liberty Through Long Life” and “Libertarian Life-Extension Reforms”, I explain that  libertarianism and transhumanism are natural corollaries and would reinforce one another through a virtuous cycle of positive feedback. If people are indeed free as individuals to innovate and to enter the economic and societal arrangements that they consider most beneficial, what do you think would happen to the rate of technological progress? If you think that the result would not be a skyrocketing acceleration of new inventions and their applications to all areas of life, would that position not presuppose a view that freedom would somehow breed stagnation or lead to sub-optimal utilization of human creative faculties? In other words, would not the view of libertarianism as being opposed to transhumanism essentially be a view that liberty would hold people back from transcending the limitations involuntarily imposed on them by the circumstances in which they and their ancestors found themselves? How could such a view be reconcilable with the whole point of liberty, which is to expand and – as the term suggests – liberate human potential, instead of constricting it?

RockingMrE criticizes transhumanists for attempting to reshape the “natural” condition of humanity and to render such a condition obsolete. Yet this overlooks the essence of human behavior over the past twelve millennia at least. Through the use of technology – from rudimentary hunting and farming implements to airplanes, computers, scientific medicine, and spacecraft – we have already greatly departed from the nasty, brutish, and short “natural” lives of our Paleolithic ancestors. Furthermore, RockingMrE falls prey to the naturalistic fallacy – that the “natural”, defined arbitrarily as that which has not been shaped by deliberate human influence, is somehow optimal or good, when in fact we know that “nature”, apart from human influence, is callously indifferent at best, and viciously cruel in most circumstances, having  brought about the immense suffering and demise of most humans who have ever lived and the extinction of 99.9% of species that have ever existed, the vast majority of those occurring without any human intervention.

RockingMrE characterizes transhumanism as a so-called “evil” that presents itself as a “morally relativist and benign force, where any action can be justified for the greater good.” I see neither moral relativism nor any greater-good justifications in transhumanism. Transhumanism can be justified from an entirely individualistic standpoint. Furthermore, it can be justified from the morally objective value of each individual’s life and the continuation of such life. I, as an individual, do not wish to die and wish to accomplish more than my current  bodily and mental faculties, as well as the current limitations of human societies and the present state of technology, would allow me to accomplish today. I exist objectively and I recognize that my existence requires objective physical prerequisites, such as the continuation of the functions of my biological body and biological mind. Therefore, I support advances in medicine, genetic engineering, nanotechnology, computing, education, transportation, and human settlement which would enable these limitations to be progressively lifted and would improve my chances of seeing a much remoter future than my current rate of biological senescence would allow. As an ethically principled individual, I recognize that all beings with the same essential faculties that I have, ought also to have the right to pursue these aspirations in an entirely voluntary, non-coercive manner. In other words, individualist transhumanism would indeed lead to the good of all because its principles and achievements would be universalizable – but the always vaguely defined notion of the “greater good” does not serve as the justification for transhumanism; the good of every individual does. The good of every individual is equivalent to the good for all individuals, which is the only defensible notion of a “greater good”.

RockingMrE states that some of the technologies advocated by transhumanists are “less dangerous than others, and some are even useful.” Interestingly enough, he includes cryopreservation in the category of less dangerous technologies, because a cryopreserved human who is revived will still have the same attributes he or she had prior to preservation. Life extension is the most fundamental transhumanist aim, the one that makes all the other aims feasible. As such, I am quite surprised that RockingMrE did not devote far more time in his video to technologies of radical life extension. Cryonics is one such approach, which attempts to place a physically damaged organism in stasis after that organism reaches clinical death by today’s definition. In the future, what is today considered death may become reversible, giving that individual another chance at life. There are other life-extension approaches, however, which would not even require stasis. Aubrey de Grey’s SENS approach involves the periodic repair of seven kinds of damage that contribute to senescence and eventual death. A person who is relatively healthy when he begins to undergo the therapies envisioned by SENS might not ever need to get to the stage where cryopreservation would be the only possible way of saving that person. What does RockingMrE think of that kind of technology? What about the integration of nanotechnology into human bodily repair systems, to allow for ongoing maintenance of cells and tissues? If a person still looks, talks, and thinks like many humans do today, but lives indefinitely and remains indefinitely young, would this be acceptable to RockingMrE, or would it be a “megalomaniacal” and “evil” violation of human nature?  Considering that indefinite life extension is the core of transhumanism, the short shrift given to it in RockingMrE’s video underscores the severe deficiencies of his critique.

RockingMrE further supports megascale engineering – including the creation of giant spacecraft and space elevators – as a type of technology that “would enhance, rather than alter, what it means to be human.” He also clearly states his view that the Internet enhances our lives and allows the communication of ideas in a manner that would never have been possible previously. We agree here. I wonder, though, if a strict boundary between enhancing and altering can be drawn. Our human experience today differs radically from that of our Paleolithic and Neolithic ancestors – in terms of how much of the world we are able to see, what information is available to us, the patterns in which we lead our lives, and most especially the lengths of those lives. Many of our distant ancestors would probably consider us magicians or demigods, rather than the humans with whom they were familiar. If we are able to create giant structures on Earth and in space, this would surely broaden our range of possible experiences, as well as the resources of the universe that are accessible to us. A multiplanetary species, with the possibility of easy and fast travel among places of habitation, would be fundamentally different from today’s humanity in terms of possible lifestyles and protections from extinction, even while retaining some of the same biological and intellectual characteristics.   As for the Internet, there are already studies suggesting that the abundance of information available online is altering the structure of many humans’ thinking and interactions with that information, as well as with one another. Is this any less human, or just human with a different flavor? If it is just human with a different flavor, might not the other transhumanist technologies criticized by RockingMrE also be characterized this way?

RockingMrE does not even see any significant issues with virtual reality and mind uploading, aside from asking the legitimate question of whether a copy of a person’s mind is still that person. This is a question which has been considerably explored and debated in transhumanist circles, and there is some disagreement as to the answer. My own position, expressed in my essay “Transhumanism and Mind Uploading Are Not the Same”,  is that a copy would indeed not be the same as the individual, but a process of gradual replacement of biological neurons with artificial neurons might preserve a person’s “I-ness” as long as certain rather challenging prerequisites could be met. RockingMrE’s skepticism in this area is understandable, but it does not constitute an argument against transhumanism at all, since transhumanism does not require advocacy of mind uploading generally, or of any particular approach to mind uploading. Moreover, RockingMrE does not see virtual copies of minds as posing a moral problem. In his view, this is because “a program is not an organic life.” We can agree that there is no moral problem posed by non-destructively creating virtual copies of biological minds.

Still, in light of all of the technologies that RockingMrE does not consider to be highly concerning, why in the world does he characterize transhumanism so harshly, after spending the first 40% of his video essentially clarifying that he does not take issue with the actualization of many of the common goals of transhumanists? Perhaps it is because he misunderstands what transhumanism is all about. For the technologies that RockingMrE finds more alarming, he appears to think that they would allow “a level of social engineering that totalitarians could only dream of during the 20th century.” No transhumanist I know of would advocate such centrally planned social engineering. RockingMrE aims his critique at technologies that have “the potential to create human life” – such as gene therapy, which can, in RockingMrE’s words, “dictate the characteristics of life to such an extent that those making the decisions have complete control over how this forms”. This argument appears to presuppose a form of genetic determinism and a denial of human free will, even though RockingMrE would affirm his view that free will exists. Suppose it were possible to make a person five centimeters taller through genetic engineering. Does that have any bearing over how that person will actually choose to lead his life? Perhaps he could become a better basketball player than otherwise, but it is just as possible that basketball would not interest him at all, and he would rather be a taller-than-average chemist, accountant, or painter. This choice would still be up to him, and not the doctors who altered his genome or the parents who paid for the alteration. Alteration of any genes that might influence the brain would have even less of a predetermined or even determinable impact. If parents who are influenced by the faulty view of genetic determinism try everything in their power to alter their child’s genome in order to create a super-genius (in their view), who is to say that this child would necessarily act out the parents’ ideal? A true super-genius with a will of his own is probably the most autonomous possible human; he or she would develop a set of tastes, talents, and aspirations that nobody could anticipate or manage, and would run circles around any design to control or limit his or her life. What genetic engineering could achieve, though, is to remove the obstacles to an individual’s self-determination by eliminating genetic sub-optimalities: diseases, weaknesses of organs, and inhibitions to clear self-directed brain function. This is no qualitatively different from helping a child develop intellectually by taking the child out of a violent slum and putting him or her into a peaceful, nurturing, and prosperous setting.

RockingMrE fears that gene therapy would allow “ideologues to suppress certain human characteristics”. While this cannot be ruled out, any such development would be a political problem, not a technological one, and could be addressed only through reforms protecting individual freedom, not through abolition of any techniques of genetic engineering. The vicious eugenics movement of the early 20th century, to which RockingMrE wrongly compares transhumanism, attempted to suppress the characteristics of whole populations of humans using very primitive technologies by today’s standards. The solution to such misguided ideological movements is to maximize the scope for individual liberty, so as to allow the characteristics that individuals consider good or neutral to be preserved and for individual wishes to be protected by law, despite what some eugenicist somewhere might think.

Transhumanism is about giving each person the power to control his or her own destiny, including his or her genotype; transhumanism is certainly not about ceding that control to others. Even a child who was genetically engineered prior to birth would, with sufficient technological advances, be able to choose to alter his or her genotype upon becoming an adult. Just as parental upbringing can influence a child but does not determine a person’s entire future, so can genetic-engineering decisions by parents be routed around, overcome, ignored, or utilized by the child in a way far different from the parents’ intentions. Furthermore, because parents differ considerably in their views of what the best traits would be, engineering at the wishes of parents  would in no way diminish the diversity of human characteristics and would, on the contrary, enhance such diversity by introducing new mixes of traits in addition to those already extant. This is why it is unfounded to fear, as RockingMrE does, that a transhumanist society which embraces genetic engineering would turn into the society of the 1997 film Gattaca, where the non-engineered humans were excluded from non-menial work. Just as today there is no one hierarchy of genotypes and phenotypes, neither would there be such a hierarchy in a society where genetic engineering is practiced. An even greater diversity of people would mean that an even greater diversity of opportunities would be open to all. Indeed, even Gattaca could be seen as a refutation of RockingMrE’s feared scenario that genetic modification would render un-modified humans unable to compete. The protagonist in Gattaca was able to overcome the prejudices of his society through willpower and ingenuity, which would remain open to all. While the society of Gattaca relied on coercion to restrict un-modified individuals from competing, a libertarian transhumanist society would have no such restrictions and would allow individuals to rise on the basis of merit alone, rather than on the basis of genetics.

RockingMrE further expresses concern that the unintended consequences of genetic manipulation would result in viruses that reproduce out of control and “infect” humans who were not the intended targets of genetic engineering. This is not a philosophical argument against transhumanism. If such a possibility even exists (and I do not know that it does, as I am not a biologist), it could be mitigated or eliminated through careful controls in the laboratories and clinics where genetic engineering is performed. Certainly, the existence of such a possibility would not justify banning genetic manipulation, since a ban does not mean that the practice being banned goes away. Under a ban, genetic engineering would continue on the black market, where there would be far fewer safeguards in place against unintended negative consequences. It is much safer for technological innovation to proceed in the open, under a legal system that respects liberty and progress while ensuring that the rights of all are protected. Certainly, it would be justified for the legal system to protect the rights of people who do not wish to undergo certain medical treatments; such people should neither be forced into those treatments, nor have the side effects of those treatments, when they are performed on others, affect their own biology. But libertarian transhumanists would certainly agree with that point of view and would hold it consistently with regard to any technology that could conceivably impose negative external effects on non-consenting parties.

RockingMrE thinks that “it is essential that the creation and destruction of life be protected by a code of morality that respects and recognizes natural law – natural law being values derived from nature.” He describes one tier of this natural system as comprised of relationships of trade, “where all individuals have unalienable rights derived from natural action, but free of coercion and the initiation of force, voluntarily associating with one another for mutual gain.” He then says that “only this sort of philosophy can truly prevent nihilists from justifying their evil intentions to play God and […] destroy or alienate any individual that doesn’t adhere to a rigid set of socially engineered parameters.”  The latter statement is a severe misrepresentation of the aims of transhumanists, who do not support centrally planned social engineering and who are certainly not nihilists. Indeed, transhumanist technological progress is the very outcome of voluntary individual association that is free from coercion and the initiation of force. I wonder whether the “fierce defense” envisioned by RockingMrE would involve the initiation of force against innovators who attempt to improve the human genome in order to cure certain diseases, enhance certain human faculties, and lengthen the human lifespan. It is not clear whether RockingMrE advocates such coercion, but if he does, then his opposition to the emergence of these technologies would be inimical to his own stated libertarian philosophy. In other words, his conclusions are completely incompatible with his premises.

Toward the end of his video, RockingMrE uses the example of three-person in vitro fertilization (IVF) as an illustration “of how far down the road of transhumanism we are”. What, dare I ask, is wrong with three-person IVF? RockingMrE believes that it is a contributor to “gradually destroying the natural definition of parenting” – yet parenting is a set of actions to raise a child, not a method of originating that child. If RockingMrE has any problems with children who are brought into this world using three-person IVF, then what about children who are adopted and raised by parents who had no part in their conception? Is that not even more removed from parents who contributed at least some of their genetic material? Furthermore, IVF has been available in some form since the birth of Louise Brown in 1978 – 35 years ago. Since then, approximately 5 million people have been created using IVF. Are they any less human than the rest of us? Have we, as a species, lost some fraction of our humanity as a result? Surely not! And if similar consequences to what has already happened are what RockingMrE fears, then I submit that there is no basis for fear at all. New techniques for creating life and enhancing human potential may not be in line with what RockingMrE considers “natural”, but perhaps his view equates the “unnatural” to the “unfamiliar to RockingMrE”. But he does not have to personally embrace any method of genetic engineering or medically assisted creation of life; he is free to abstain from such techniques himself. What he ought to do, though, as a self-professed libertarian and individualist, is to allow the rest of us, as individuals, the same prerogative to choose to use or to abstain from using these technologies as they become available. The shape that the resulting future takes, as long as it is based on these freedom-respecting principles, is not for RockingMrE to decide or limit.

Illiberal Belief #17: Democracy is a Cure-All – Article by Bradley Doucet

Illiberal Belief #17: Democracy is a Cure-All – Article by Bradley Doucet

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The New Renaissance Hat
Bradley Doucet
May 14, 2013
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I know it is sacrilege, but that is all the more reason to say it, and say it loud: Democracy is not the be-all, end-all, Holy Grail of politics that many imagine it to be. It is one, but only one, of the ingredients that make for good societies, and it is far from the most important one. Why point this out? If democracy is a good thing, why stir controversy by questioning just how good? Because the widespread, quasi-religious devotion to democracy in evidence today has some very nasty consequences. Democracy means “rule by the people.” The people usually rule by electing representatives, a process which is called, simply enough, representative democracy. Sometimes, as in the case of a referendum on a specific question, the people rule more directly, and this is known as direct democracy. Actually, though, “rule by the people” is a bit misleading, since “the people” are never unanimous on any given question, and neither are their chosen representatives. In practice, democracy is rule by majority (i.e., 50% + 1), or even mere plurality (i.e., more than any one other candidate but less than half) when three or more candidates compete.
***

Long before any nation had experienced anything even approaching universal suffrage, people concerned with human liberty—thinkers like Alexis de Tocqueville and John Stuart Mill—expressed concerns that the fading tyranny of kings might merely be replaced by a “tyranny of the majority.” They worried that majorities might vote away minorities’ hard-won rights to property, freedom of religion, freedom of expression, and freedom of movement. Majorities with a hate on for certain minorities might even vote away their very right to life.

History has given these worries ample justification. Democracy by itself is no guarantee of peace and freedom. Adolf Hitler’s victory in democratic 1930s Germany is only the most glaring example of popular support for an illiberal, anti-human regime. The people of Latin America have a long and hallowed tradition of rallying behind populist strongmen who repay their fealty by grinding them (or sometimes their neighbours) beneath their boot heels, all the while running their economies into the ground. Their counterparts in post-colonial Africa and certain parts of Asia have shown similarly stellar political acumen.

As writers like Fareed Zakaria (The Future of Freedom: Illiberal Democracy at Home and Abroad) point out, in those parts of the world that have successfully achieved a respectable degree of freedom and prosperity (basically Europe, the Anglosphere, and Japan and the Asian Tigers), sheer democracy has been supplemented—and preceded—by institutions like the rule of law, including an independent judiciary; secure property rights; the separation of church and state; freedom of the press; and an educated middle class. Indeed, instead of supplementing democracy, it is more accurate to say that these institutions limit the things over which the people can rule. It is enshrined in law and tradition that neither the people nor their representatives shall be above the law, violate the lives or property of others, impose their religious beliefs on others, or censor the freedom of the press. These checks on the power of the people have created, in the most successful parts of the world, not just democracies but liberal democracies.

According to Zakaria, societies that democratize before having built up these liberal institutions and the prosperity they engender are practically doomed to see their situations deteriorate instead of improve, often to the detriment of neighbouring countries, too. Liberty is simply more important than democracy, and must come first. We who are fortunate enough to live in liberal democracies would do well to remember this when judging other nations, like China, and urging them to democratize faster.

We would do well to remember it when thinking about our own societies, too. Thinkers like economist Bryan Caplan, author of The Myth of the Rational Voter: Why Democracies Choose Bad Policies, argue that even in the most liberal countries, democracy often works against liberty. Economists have been saying for a few decades now that political ignorance is an intractable problem that undermines the beneficial effects of democracy. The argument is that since a single vote has practically no chance of affecting the outcome of an election (or a referendum), the average voter has no incentive to become informed. Defenders of democracy have replied that ignorance doesn’t matter, since the ignorant essentially vote randomly, and random ignorant votes in one direction will be cancelled out by random ignorant votes in the opposite direction, leaving the well-informed in the driver’s seat.

Caplan agrees that if average voters were merely ignorant, their votes would cancel each other out, and the well-informed would be in charge and make good decisions. His central insight, though, is that voters are not merely ignorant, but irrational to boot. Voters have systematically biased beliefs, to which they are deeply attached, and those biases do not cancel each other out. Specifically, the average voter underestimates how well markets work; underestimates the benefits of dealing with foreigners; focuses on the short-term pain of job losses instead of the long-term gain of productivity increases; and tends at any given time to be overly pessimistic about the economy. These biases lead voters to support candidates and policies that undermine their own best interests.

The alternative to democracy, Caplan emphasizes, is not dictatorship, but markets. The market is not perfect, but it works a lot better than politics, because in my daily life as a producer and a consumer, I have an obvious incentive to be rational: my pocketbook. This incentive is lacking when it comes time to go to the polls, because of the aforementioned near-impossibility that my vote will determine the outcome. Given this asymmetry, we should favour markets over politics whenever possible. For those things that must be decided collectively, democracy may be the best we can do, but we should strive to decide as many things as possible privately, resorting to politics only when no other option is feasible. In other words, we should recapture the wisdom of the American Founding Fathers, rediscover the genius of constitutionally limited democracy, and reclaim some of the liberty previous generations fought so valiantly to secure. If we don’t, it might not be too much longer, in the grand scheme of things, before the Western world ceases to be a model worth emulating.

Bradley Doucet is Le Quebecois Libré‘s English Editor. A writer living in Montreal, he has studied philosophy and economics, and is currently completing a novel on the pursuit of happiness.
Liberty Through Long Life – Video by G. Stolyarov II

Liberty Through Long Life – Video by G. Stolyarov II

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To maximize their hopes of personally experiencing an amount of personal freedom even approaching that of the libertarian ideal, all libertarians should support radical life extension.

References
– “Liberty Through Long Life” – Essay by G. Stolyarov II –
– Resources on Indefinite Life Extension (RILE) –
– “Libertarian Life-Extension Reforms” – Video Series – G. Stolyarov II –
– “Massive open online course” – Wikipedia
– Mozilla’s Open Badges
– “Open Badges and Proficiency-Based Education: A Path to a New Age of Enlightenment” – Essay by G. Stolyarov II
– “Deep Space Industries” – Wikipedia
– “Planetary Resources” – Wikipedia
– The Seasteading Institute
– “Seasteading’s Potential and Challenges: An Overview” — Essay by G. Stolyarov II
– “Seasteading’s Potential and Challenges: An Overview” — Video by G. Stolyarov II
– “Bitcoin” – Wikipedia
– “Benjamin Franklin and the Early Scientific Vision – 1780” – Foundation for Infinite Survival
– “Revisiting the proto-transhumanists: Diderot and Condorcet” – George Dvorsky – Sentient Developments
– “Marquis de Condorcet, Enlightenment proto-transhumanist” – George Dvorsky – IEET
– SENS Research Foundation
– “Ray Kurzweil” – Wikipedia

Liberty Through Long Life – Article by G. Stolyarov II

Liberty Through Long Life – Article by G. Stolyarov II

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The New Renaissance Hat
G. Stolyarov II
April 14, 2013
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            It is commonly recognized among libertarians (and some others) that the freedom of individuals to innovate will result in a more rapid rate of technological progress. In “Six Libertarian Reforms to Accelerate Life Extension” I described six liberty-enhancing political changes that would more swiftly bring about the arrival of indefinite human longevity. But, as is less often understood, the converse of this truth also holds. Technological progress in general improves the prospects for liberty and its actual exercise in everyday life. One of the most promising keys to achieving liberty in our lifetimes is to live longer so that we can personally witness and benefit from accelerating technological progress.

            Consider, for example, what the Internet has achieved with respect to expanding the practical exercise of individual freedom of speech. It has become virtually impossible for regimes, including their nominally private “gatekeepers” of information in the mass media and established publishing houses, to control the dissemination of information and the expression of individual opinion. In prior eras, even in countries where freedom of speech was the law of the land, affiliations of the media, by which speech was disseminated, with the ruling elite would serve as a practical barrier for the discussion of views that were deemed particularly threatening to the status quo. In the United States, effective dissent from the established two-party political system was difficult to maintain in the era of the “big three” television channels and a print and broadcast media industry tightly controlled by a few politically connected conglomerates. Now expressing an unpopular opinion is easier and less expensive than ever – as is voting with one’s money for an ever-expanding array of products and services online. The ability of individuals to videotape public events and the behavior of law-enforcement officers has similarly served as a check on abusive behavior by those in power. Emerging online education and credentialing options, such as massive open online courses and Mozilla’s Open Badges, have the power to motivate a widespread self-driven enlightenment which would bring about an increased appreciation for rational thinking and individual autonomy.

            Many other technological advances are on the horizon. The private space race is in full swing, with companies such as SpaceX, Virgin Galactic, Deep Space Industries, and Planetary Resources embarking on ever more ambitious projects. Eventually, these pioneering efforts may enable humans to colonize new planets and build permanent habitats in space, expanding jurisdictional competition and opening new frontiers where free societies could be established. Seasteading, an idea only five years in development, is a concept for building modular ocean platforms where political experimentation could occur and, through competitive pressure, catalyze liberty-friendly innovations on land. (I outlined the potential and the challenges of this approach in an earlier essay.) The coming decades could see the emergence of actual seasteads of increasing sophistication, safety, and political autonomy. Another great potential for increasing liberty comes from the emerging digital-currency movement, of which Bitcoin has been the most prominent exemplar to date. While Bitcoin has been plagued with recent extreme exchange-rate volatility and vulnerability to manipulation and theft by criminal hackers, it can still provide some refuge from the damaging effects of inflationary and redistributive central-bank monetary policy. With enough time and enough development of the appropriate technological infrastructure, either Bitcoin or one of its successor currencies might be able to obtain sufficient stability and reliability to become a widespread apolitical medium of exchange.

            But there is a common requirement for one to enjoy all of these potential breakthroughs, along with many others that may be wholly impossible to anticipate: one has to remain alive for a long time. The longer one remains alive, the greater the probability that one’s personal sphere of liberty would be expanded by these innovations. Living longer can also buy one time for libertarian arguments to gain clout in the political sphere and in broader public opinion. Technological progress and pro-liberty activism can reinforce one another in a virtuous cycle.

            To maximize their hopes of personally experiencing an amount of personal freedom even approaching that of the libertarian ideal, all libertarians should support radical life extension. This sought-after goal of some ancient philosophers, medieval alchemists, Enlightenment thinkers (notably Franklin, Diderot, and Condorcet), and medical researchers from the past two centuries, is finally within reach of many alive today. Biogerontologist Aubrey de Grey of the SENS Research Foundation gives humankind a 50 percent likelihood of reaching “longevity escape velocity” – a condition where increases in life expectancy outpace the rate of human senescence – within 25 years. Inventor, futurist, and artificial-intelligence researcher Ray Kurzweil predicts a radical increase in life expectancy in the 2020s, made possible by advances in biotechnology and nanotechnology, aided by exponentially growing computing power. But, like de Grey and perhaps somewhat unlike Kurzweil, I hold the view that these advances are not inevitable; they rely on deliberate, sustained, and well-funded efforts to achieve them. They rely on support by the general public to facilitate donations, positive publicity, and a lack of political obstacles placed in their way. All libertarians should become familiar with both the technical feasibility and the philosophical desirability of a dramatic, hopefully indefinite, extension of human life expectancies. My compilation of Resources on Indefinite Life Extension (RILE) is a good starting point for studying this subject by engaging with a wide variety of sources, perspectives, and ongoing developments in science, technology, and activism.

            We have only this one life to live. If we fail to accomplish our most cherished goals and our irreplaceable individual universes disappear into oblivion, then, to us, it will be as if those goals were never accomplished. If we want liberty, we should strive to attain it in our lifetimes. We should therefore want those lifetimes to be lengthened beyond any set limit, not just for the sake of experiencing a far more complete liberty, but also for the sake of life itself and all of the opportunities it opens before us.

Rejecting the Purveyors of Pull: The Lessons of “Atlas Shrugged: Part II” – Article by G. Stolyarov II

Rejecting the Purveyors of Pull: The Lessons of “Atlas Shrugged: Part II” – Article by G. Stolyarov II

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The New Renaissance Hat
G. Stolyarov II
October 13, 2012
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Atlas Shrugged: Part II is a worthy successor to last year’s Part I, and I am hopeful for its commercial success so that John Aglialoro and Harmon Kaslow will be able to release a full trilogy and achieve the decades-long dream of bringing the entire story of Ayn Rand’s Atlas Shrugged to the movie screen. The film is enjoyable and well-paced, and it highlights important lessons for the discerning viewer. The film’s release in the month preceding the US Presidential elections, however, may give some the wrong impression: that either of the two major parties can offer anything close to a Randian alternative to the status quo. Those viewers who are also thinkers, however, will see that the film’s logical implication is that both of these false “alternatives” – Barack Obama and Mitt Romney – should be rejected decisively.

While the cast has been replaced entirely, I find the acting to have been an improvement over Part I, with the actors portraying their respective characters with more believability and emotional engagement. Samantha Mathis, in the role of Dagny Taggart, showed clearly the distress of a competent woman who is ultimately unable to keep the world from falling apart. Esai Morales aptly portrayed Francisco d’Anconia’s passion for ideas and his charisma. Jason Beghe also performed well as Hank Rearden – the embattled man of integrity struggling to hold on to his business and creations to the last.

The film emphasizes strongly the distinction between earned success – success through merit and creation – and “success” gained by means of pull. The scene in which two trains collide in the Taggart Tunnel is particularly illustrative in this respect. Kip Chalmers, the politician on his way to a pro-nationalization stump speech, attempts to get the train moving through angry phone calls to “the right people,” thinking that all will be well if he just pulls the proper strings. But the laws of reality – of physics, chemistry, and economics – are unyielding to the mere say-so of the powerful, and the mystique of pull collapses on top of the passengers.

As the world falls apart, the film depicts protesters demanding their “fair share,” holding up signs reminiscent of the “Occupy” movement of 2011 – “We are the 99.98%” is a clear allusion. Yet once the draconian Directive 10-289 is implemented, the protests turn in the other direction, away from the freedom-stifling, creativity-crushing regimentation. Perhaps the protesters are not the same people as those who called for their “fair share”  – but the film suggests that the people should be careful about the policies they ask for at the ballot box, lest they be sorely disappointed upon getting them. This caution should apply especially to those who think that Barack Obama’s administration parallels the falling-apart of the world in Atlas Shrugged – and that Mitt Romney’s election would somehow “save” America. Nothing could be further from the truth.

If there is any character in Atlas Shrugged who most resembles Mitt Romney, it is not John Galt. Rather, it is James Taggart – the businessman of pull – the sleek charlatan who will take any position, support any policy, speak any lines in order to advance his influence and power. Patrick Fabian conveyed the essence of James Taggart well – a man who succeeds based on image and not on substance, a man who has a certain polished charisma and an ability to pull the strings of politics – for a while. James Taggart is the essence of the corporatist businessman, a creature who thrives on special political privileges and barriers to entry placed in front of more capable competitors. He can buy elections and political offices – and he can, for a while, delude people by creating a magic pseudo-reality with his words. But words cannot suspend the laws of logic or economics. Ultimately the forces of intellectual and moral decay unleashed by corporatist maneuvering inexorably push the world into a condition that even the purveyors of pull would have preferred to avoid. As Ludwig von Mises pointed out, the consequences of economic interventionism are often undesirable even from the standpoint of those who advocated the interventions in the first place. James Taggart is ultimately pushed into accepting Directive 10-289, though his initial plans were much more modest – mostly, a desire to hang onto leadership in the railroad business despite his obvious lack of qualifications for the position. Mitt Romney, by advocating James Taggart’s exact sort of crony corporatism, may well usher in a similar overarching totalitarianism – not because he supports it now (in the sense that Mitt Romney can be said to support anything), but because totalitarianism will be the logical outcome of his policies.

Because, in some respects, Ayn Rand wrote during a gentler time with respect to civil liberties, and the film endeavors to consistently reflect Rand’s emphasis on economic regimentation, there is little focus on the kinds of draconian civil-liberties violations that Americans face today. The real-world version of Directive 10-289 is not a single innovation-stopping decree, but an agglomeration of routine humiliations and outright exercises of violence. The groping and virtual strip-searching by the Transportation Security Administration, the War on Drugs and its accompanying no-knock raids, the paranoid surveillance apparatus of large-scale wiretaps and data interception, and the looming threat of controls over the Internet and indefinite detention without charge – these perils are as damaging as an overarching economic central plan, and they are with us today. While not even the most socialistic or fascistic politicians today would issue a ban on all new technology or a comprehensive freeze of prices and wages, they certainly can and will try to humiliate and physically threaten millions of completely peaceful, innocent Americans who try to innovate and earn an honest living. Obama’s administration has engaged in this sort of mass demoralization ever since the foiled “underwear” bomb plot during Christmas 2009 – but Romney would do more of the same, and perhaps worse. Unlike Obama, who must contend with the pro-civil-liberties wing of his constituency, Romney’s attempts to violate personal freedoms will only be cheered on by the militaristic, jingoistic, security-obsessed faction that is increasingly coming to control the discourse of the Republican Party. There can be no hope for freedom, or for the dignity of an ordinary traveler, employee, or thinker, if Romney is elected.

I encourage the viewers of the film to seriously consider the question, “Who is John Galt?” He is not a Republican. If any man comes close, it is Gary Johnson, a principled libertarian who has shown in practice (not just in rhetoric) his ability and willingness to cut wasteful interventions, balance budgets, and protect civil liberties during two terms as Governor of New Mexico. He staunchly champions personal freedoms, tax reduction, foreign-policy non-interventionism, and a sound currency free of the Federal Reserve system. Gary Johnson was, in fact, a businessman of the Randian ethos – who started as a door-to-door handyman and grew from scratch an enterprise with revenues of $38 million.  And, on top of it all, he is a triathlete and ultramarathon runner who climbed Mount Everest in 2003 – clearly demonstrating a degree of ambition, drive, and pride in achievement worthy of a hero of Atlas Shrugged.

Ayn Rand never meant the strike in Atlas Shrugged to be an actual recommendation for how to address the world’s problems. Rather, the strike was an illustration of what would happen if the world was deprived of its best and brightest – the creators and innovators who, despite all obstacles, pursue the path of merit and achievement rather than pull and artificial privilege. Today, it is necessary for each of us to work to keep the motor of the world going by not allowing the purveyors of pull to gain any additional ground. Voting for Mitt Romney will do just the opposite – as Atlas Shrugged: Part II artfully suggests to the discerning viewer.

Are Immigration Laws Like Jim Crow? – Article by David Bier

Are Immigration Laws Like Jim Crow? – Article by David Bier

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The New Renaissance Hat
David Bier
July 7, 2012
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Alabama Governor Robert Bentley was forced to defend his state’s harsh immigration law recently against charges that it amounts to a return to segregation-era racially biased policies.  “What took place in the civil rights era was a series of unlawful actions against lawful residents,” Bentley said in response to the charges. “It was a shameful chapter in our state’s history. The immigration issue of today is entirely different.”

Parallels to segregation might be slightly overdone, but to call immigration policies “entirely different” is disingenuous. America’s restrictive immigration system was invented by the Eugenics Research Institute’s future president, Rep. Albert Johnson (R-Washington), who wanted to protect America’s racial purity from, in the words he quoted from a State Department official, “unassimilable . . . filthy . . . and often dangerous” foreigners. While such laws are no longer justified on racial grounds, their impacts today are just as ethnically disparate—more than 80 percent of immigrants labeled “illegal” are Hispanic, and 97 percent (pdf) of deportees are Hispanic.

Nor was segregation “unlawful”—it was a bizarre system of legal controls. Although it’s best known as a system of social control, it was just as much a system of economic regulation. Jim Crow began humbly—with segregated streetcars in Georgia in 1891—but quickly escalated, imposing on southern businesses ever more burdensome requirements: twice the number of bathrooms, waiting rooms, ticket counters, phone booths, even cocktail lounges. The president of Southeastern Greyhound told the Wall Street Journal in 1957, “It frequently costs fifty percent more to build a terminal with segregated facilities.”

Businessmen Conscripted

Since laws that intend to control personal behavior are so rarely enforceable, governments conscript business people to act as de facto State agents. In this way social controls quickly morph into economic regulations. It is often forgotten that the railroad in the infamous Supreme Court case Plessy v. Ferguson (1896) actually helped fight  the “separate but equal” doctrine because it “saddled employers with the burden of becoming the state’s race policemen.” Immigration law, which began as a way to restrict the movement of foreigners into the United States, has followed exactly the same pattern. Today a vast portion of America’s immigration code targets businesses, not foreigners.

Jim Crow’s regulatory state only affected businesses that served both white and African American patrons. For most small businesses, the costs of the regime were simply too great. Similarly, for many businesses today, hiring migrant workers has just become too dangerous. “I always relate it to tax law,” labor law consultant Barlow Curran recently told the Tampa Tribune. “Federal tax law is so complicated that if the IRS audits you, regardless of how careful you’ve been, they’ll probably find something. The same thing is true of farm labor law.” No wonder Immigration and Customs Enforcement has imposed $100 million in fines in just the last three years alone—more than the Bush administration’s previous eight years.

Alabama has only added to these regulatory threats. The state’s HB 56—enacted a year ago—mandated that employers use E-Verify to check the work authorization for potential employees. Over 60,000 Alabama businesses missed the deadline. If employers are unable to comply, they face license suspensions and may even be given the “business death penalty,” permanent closing.

As Isabel Wilkerson documents in her Pulitzer Prize-winning The Warmth of Other Suns, more than six million African Americans fled the Jim Crow South and left many southern employers facing labor shortages. “Farmers . . . have [woken] up on mornings recently to find every Negro over 21 on his place gone,” editorialized the Macon Telegraph in 1916 as the Great Migration began. “And while our very solvency is being sucked out beneath us, we go about our affairs as usual.”

Fleeing the State

Alabama is discovering that harsh immigration laws can just as easily “suck the solvency out beneath” them. “From a business point of view, it’s a terrible piece of legislation,” Henry Hagood, CEO of Alabama Associated General Contractors, told Reuters. “My counterparts around the country are saying, ‘thanks for sending workers our way.’” Tens of thousands of workers have already fled the state. University of Alabama professor Samuel Addy found that losing these workers reduced the state’s GDP by between $2.3 billion and $10.8 billion.

Conservatives who profess a commitment to the free market must extend that commitment to the labor market. They must realize that harsh immigration laws have the same dire effects on business as other burdensome regulations. They limit not only the free movement of foreign workers but also the rights of American businesses to hire, transport, and associate freely. They need to go the same way as Jim Crow—into the dustbin of history.

David Bier is the immigration policy analyst at the Competitive Enterprise Institute.

This article was published by The Foundation for Economic Education and may be freely distributed, subject to a Creative Commons Attribution United States License, which requires that credit be given to the author.

Independence from ACTA Day – July 4, 2012 – Video by G. Stolyarov II

Independence from ACTA Day – July 4, 2012 – Video by G. Stolyarov II

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July 4 now has a new meaning: it is the day European pro-liberty activists helped humankind declare independence from the powerful special interests that attempted to impose censorship, online surveillance, and draconian stifling of creativity via the misnamed Anti-Counterfeiting Trade Agreement (ACTA).

Following the rejection of ACTA in the European Union Parliament by a vote of 478 to 39, ACTA is effectively dead. A great threat to human civilization is averted.

Remember to LIKE, FAVORITE, and SHARE this video in order to spread rational discourse on this issue.

Support these video-creation efforts by donating at The Rational Argumentator: http://rationalargumentator.com/index.html

References:
– “ACTA: The War on Progress, Freedom, and Human Civilization” – Essay by G. Stolyarov II
– “Victory! ACTA Suffers Final, Humiliating Defeat in European Parliament” – Rick Falkvinge
– “Anti-Counterfeiting Trade Agreement” – Wikipedia