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Free Speech is Vital for Civilization – Video by G. Stolyarov II

Free Speech is Vital for Civilization – Video by G. Stolyarov II

Mr. Stolyarov explains why recent riots in the Middle East and some Western countries should not be allowed to infringe upon the absolutely vital right of free speech – including tasteless and offensive speech – for any individuals. Only by allowing unbridled criticism of political and religious ideas can a society undergo true innovation and transformative changes that raise standards of living across the board.

Mr. Stolyarov also elaborates upon the absolute distinction between the expression of ideas and physical actions that have the potential to harm other people. He explains that an idea per se can be interpreted in many ways and is not a guarantee of any given behavior. Furthermore, he criticizes the “internationalist” school of law, which would subordinate the American First Amendment to a repressive global “consensus” which would limit certain forms of unpopular expression. The pursuit of truth, not consensus, ought to determine which ideas prevail and which are abandoned.

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Against Collectivist Violence in the Middle East – Video by G. Stolyarov II

Against Collectivist Violence in the Middle East – Video by G. Stolyarov II

Mr. Stolyarov condemns the murderous attacks on U.S. facilities in Libya, Egypt, and Yemen and discusses how the philosophy of collectivism and collective guilt is the motivation for the attacks. These completely unjustified killings should result in the recognition that individuals should only be judged as individuals and only for the deeds that they personally committed, and that guilt by association is unacceptable. Mr. Stolyarov also calls for a non-interventionist foreign policy, for the individual perpetrators of the atrocities to be brought to justice, and for a more general Enlightenment to occur in the Middle East.

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

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References

-“US envoy killed as Libya mob storms embassy” – Agence France-Presse – September 12, 2012
-“New details emerge of anti-Islam film’s mystery producer” – Moni Basu – CNN- September 13, 2012
– “2012 U.S. diplomatic missions attacks
– “Yemeni protesters storm U.S. embassy compound in Sanaa” – Reuters – Mohammed Ghobari – September 13, 2012
– “Libya arrests four suspected in deadly US Consulate attack in Benghazi” – NBC News – September 13, 2012

Ayn Rand, Non-Atomistic Individualism, and the Dangers of Communitarianism – Article by G. Stolyarov II

Ayn Rand, Non-Atomistic Individualism, and the Dangers of Communitarianism – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
September 8, 2012
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James Joseph argues in “Ayn Rand’s Paradox” that Rand’s “defense of individual freedom provides a self-defeating apologia for the American welfare state.” Mr. Joseph’s essay takes the communitarian view that, without the bulwark of “natural community” (including “shared duties” or “natural duties and obligations” or “claims from direct community”), the individual becomes increasingly reliant on government for every benefit in life.

Yet Mr. Joseph’s analysis portrays Ayn Rand as espousing a view that no serious thinker has ever held – the canard of atomistic individualism, which is often used by communitarians against those who do not think that communities can exist as superior entities apart from and greater than the individuals who constitute them. Mr. Joseph believes that “In fact, American statism’s apologia is the individual freedom so touted by Ayn Rand, complete with her denial of the claims of the community on the individual. One need look no further than the ‘Life of Julia’ campaign  to see that American statism is built around the idea of highly independent, atomized individuals that cannot be bothered with claims from direct community.”

True individualism is far from atomistic, and Rand saw this clearly. She wrote, for instance, that “Man gains enormous values from dealing with other men; living in a human society is his proper way of life—but only on certain conditions. Man is not a lone wolf and he is not a social animal. He is a contractual animal. He has to plan his life long-range, make his own choices, and deal with other men by voluntary agreement (and he has to be able to rely on their observance of the agreements they entered).” (“A Nation’s Unity,” The Ayn Rand Letter, II, 2, 3)

But Rand also correctly saw the individual as being primary and precedent to any “community” or “society” – although the conditions of a society can certainly constrain or empower an individual. In response to the questions “Is man a social animal?” and “Can he develop only in society?” Rand stated: “Man does live in society, not on a desert island. But that does not mean society ‘develops’ him. The expression ‘develops in society’ implies that man is a social animal. I believe no such thing. The issue here is: What is primary in a man’s development, society or his mind? Of course, his mind has primacy. Society cannot make or unmake him. An immoral society can mangle him and make it enormously difficult for him to develop properly psychologically. A rational society can help a man’s development a great deal. In a mixed society, the best minds and those who are strongest morally might withstand the pressure from society, whereas the average person will find it beyond his individual capacity and give up. Society cannot form a person. It cannot force him to accept ideas; but it can discourage him. Nevertheless, that doesn’t make man a social animal.” (Ayn Rand Answers: The Best of Her Q&A, edited by Robert Mayhew)

Rand properly recognized that individuals are not better off in insulated vacuums, apart from all other people. She acknowledged that man stands to gain greatly from interactions in society – but he can also come to great harm thereby. The question for Rand, and for all individualists, is not whether one should stand apart from society, but rather which relationships within society are most conducive to the flourishing of the individual, and which are to his detriment. Rand’s answer is that the conducive relationships are those of mutual benefit, where values are exchanged among all parties involved, and all parties seek to be better off and grant their consent to the arrangement. While Mr. Joseph thinks that, in this approach, “Ethics is collapsed into economics,” the truth is more complex and subtle. Economics describes the outcome of people’s existing value judgments (in the form of market prices, interest rates, and other phenomena) and does not directly comment on what individuals ought to value. It explains ubiquitous laws of human action that hold no matter what people happen to prefer.  Ethics, on the other hand, is directly concerned with what an individual should want to have and do – what a good life consists of and how it might be attained. Economics can inform you of the influences that result in the price of food, but it cannot tell you whether you ought to pursue food in the first place.

Rand’s Objectivist ethics arrives at the ultimate value of the individual’s life by recognizing that the very existence and meaningfulness of the idea of “value” depends on a living being that is capable of pursuing values. She writes, “The existence of inanimate matter is unconditional, the existence of life is not: it depends on a specific course of action. Matter is indestructible, it changes its forms, but it cannot cease to exist. It is only a living organism that faces a constant alternative: the issue of life or death. Life is a process of self-sustaining and self-generated action. If an organism fails in that action, it dies; its chemical elements remain, but its life goes out of existence. It is only the concept of ‘Life’ that makes the concept of ‘Value’ possible. It is only to a living entity that things can be good or evil.” (“The Objectivist Ethics” – quotation from John Galt’s speech in Atlas Shrugged)

Unlike an individual human, a collective of any sort cannot, qua collective, breathe, eat, move, or perform any unitary action. To say that a collective can “act” is a misleading figure of speech. Such an “action” can be no more than an aggregation of the extremely disparate and individually motivated actions of a group’s members or participants. The relationships among a group’s members can be quite sophisticated, it is true, but they do not supersede – in terms of either their existence or their moral worth – the essential, indivisible, and indissoluble individualities of the participants.

That brings us to the substance of the disagreement. Mr. Joseph seems to infer that Rand’s individualism is incompatible with relationships within the family – such as the care for parents and children – or within a neighborhood – such as local mutual-aid societies or groups of volunteers. I do not see any reason why such incompatibility need be the case. The exchange of values can readily occur in these circumstances, even in the absence of formal legal contracts or direct exchanges of money. Values are far broader than money and can consist of intangible goods and services – such as friendship, intellectual improvement, esthetic enjoyment, and even love (see my essay “A Rational View of Love” for a detailed discussion). The key principle governing such relationships, to the extent that they are beneficial, is that they should be based on mutual consent as much as possible. Even in cases where full informed consent cannot be given – as with children, pets, or senile elders – consent should be sought to the extent that a living creature is capable of exercising it non-destructively, and a presumption must always exist that a dependent creature would act in a life-preserving and life-enhancing manner if it had greater knowledge and ability to do so.

A respect for the principle of consent in relationships of dependency would imply, for instance, that children should not be forced to accept styles of clothing which they detest or espouse opinions which they do not personally hold through their own conviction; that pets should not be humiliated or restrained from non-destructive inclinations; and that elders should not be infantilized and should be empowered to manage their own affairs to every extent their physical faculties (in combination with technology) permit.

What Rand detested, and what many individualists likewise abhor, is the idea of top-down or compulsory “community” – of the sort that tries to deliberately (inevitably, through the wishes of some central planner or committee thereof) herd people into artificially constructed relationships for the purpose of building “togetherness” (or some comparably disingenuous justification). Compulsory national “service” – be it military or civilian – is the prime example of such exploitation of individuals in order to fulfill the power ambitious of the elites creating the “communities” of cannon fodder or work drones.

Additionally, a misguided perception of the purpose of societal interactions can lead to good people being subverted and shackled by their moral lessers. A misperceived sense of the value of “community” for its own sake (apart from any values for the individuals involved) could lead to the persistence of abuse within families; the continual funding of corrupt, dysfunctional, and even perverse churches or other civic organizations due to ingrained guilt or a sense of disembodied obligation among the contributors; the tolerance of incompetent “old boys’ networks” running local governments, because they are part of the “social fabric” and a deference to tradition prevents their being supplanted by a meritocracy. This kind of perverse communitarianism is a prime example of what Rand called “the sanction of the victim” – as it cannot thrive without the endorsement and participation of the good people who create resources upon which the abusers and parasites prey.  In even worse times and places, the willingness to accept communities over and above individuals has led to thoughtless conformity about the desirability of harming individuals perceived as being “other” or “outside” of the community – persons of different skin colors, national origins, religions, peaceful lifestyles, or peaceful political persuasions.  The vicious tribalist impulse is still strong in all too many humans, and it should not be stoked.

A misguided communitarianism has already resulted in the mangling of the first two decades of most Americans’ lives in the form of compulsory “public” schooling – where academic learning takes second stage to “socializing” the students with one another, which typically means that the best of them will be mercilessly bullied by the worst, while the rest lose themselves in pointless fads and clique rivalries. The travesty of compulsory public schooling serves as a prominent demonstration that – while Mr. Joseph seeks to posit an opposition between the Leviathan and communitarianism – the two go hand-in-hand more often than not. The Leviathan often employs communitarian rhetoric while representing itself as the entity that gets to define and structure the “community” in question.

Are we dependent on other people for much of what is good in life? Certainly! But this, far from requiring a communitarian viewpoint, is actually the implication of a consistent individualism. No one person can know everything or learn to do everything. In order for each of us to maximize our well-being, we need to specialize in some activities while relegating the rest to our fellow humans – with whom we then exchange the fruits of our respective labor. In a market economy based on the principle of individualism, each of us literally depends on the efforts of millions of others to produce the goods and services we daily enjoy.  Truly sustainable economies and societies – ones that operate without degenerating into violence or mass poverty – require that we treat others with the respect needed to facilitate these ongoing transactions. With a small circle of these individuals, we are able to form even closer ties, where formal transactions are not required to maintain ongoing value-trades. In a household, for instance, it is simply more efficient to keep a rough mental picture of other participants’ contributions, rather than itemizing everything in minute detail. Furthermore, the ability to closely trust others in one’s family (provided that it is a good one, without abuse, deception, or exploitation) eliminates the need for most of the typical safeguards of commerce among strangers. Similarly, a custom of volunteer work in one’s neighborhood might result in the capture of certain “positive externalities” – such as the benefits of cleaner streets, happier (and therefore more productive and peaceful) residents, and lower rates of vandalism and other crimes.

Perhaps Ayn Rand’s individualism, properly understood, would allow for precisely the ideal sense of the “natural community” that Mr. Joseph extols – one in which individuals engage in a variety of interactions (many of them non-monetary) to mutual benefit and thereby develop strong ties. Unfortunately, in practice, the explicit idealization of the “community” has not been an effective way of achieving such an outcome. It has, indeed, resulted in the very opposite: an insidious and manipulative elite, or a conformist and prejudiced majority (often incited by that same elite), limiting the freedoms and sometimes ruining the lives of those who wish to use their rational faculties to find a better way.

Republican National Travesty – and What to Do Next – Video by G. Stolyarov II

Republican National Travesty – and What to Do Next – Video by G. Stolyarov II

The Republican National Convention was a farce, in spite of courageous actions by Ron Paul’s supporters, including the Nevada delegation which Mr. Stolyarov helped elect as a State Delegate.

The change of rules by the Republican National Committee turns the Republican Party into a rigid oligarchy, with no chance for grassroots activists and ideas rising to prominence.

Mr. Stolyarov expresses his thoughts about where friends of liberty should focus next. Breaking the two-party system and supporting Gary Johnson for President, while also working outside the political system to improve individual freedom through technology.

References

Gary Johnson 2012
– “RINOs Boehner & Sununu Booed As They Change The Rules In A Major Power Grab” – Video – August 28, 2012
– “Evidence Shows RNC Rigged Vote on Rule Change at Republican Convention 2012?” – Texas GOP Vote
– “Call Off the Global Drug War” – Jimmy Carter – June 16, 2012
– “A Cruel and Unusual Record” – Jimmy Carter – June 24, 2012

Buy Team America? – Article by Gary M. Galles

Buy Team America? – Article by Gary M. Galles

The New Renaissance Hat
Gary M. Galles
August 18, 2012
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Samuel Johnson once wrote that “patriotism is the last refuge of a scoundrel,” criticizing adverse policies and proposals falsely claimed to be based in patriotism. This has been most recently illustrated by the political furor over “made-in-China” Team USA uniforms. Many politicians asserted that it was un-American, with Senate Majority Leader Harry Reid saying those uniforms should be burned. Supposedly patriotic pressures to mandate “buying American” sprang up immediately, and Ralph Lauren quickly capitulated, promising to “go and sin no more.”

While some of the details of this flap are unusual, protectionism dressed up as patriotism follows a well-worn script.

Imports are found to cause some domestic harm. Given that those imports harm competing domestic producers, “Buy American” or some other version of protectionism is put forth as the patriotic response (with the producers seeking protection from superior competitors leading the patriotism bandwagon). The Team USA version simply exploits the Olympics’ peak in pro-American sentiment and symbolism to make the same case (though it makes no more sense than requiring that we grow our own coffee and bananas for our athletes).

The problem is that imports always harm competing domestic producers, so that the patriotism argument can always be used as political cover whenever any domestic producers get the government’s ear. And there are always politicians ready to listen.

One person who recognized the abuses and illogic of this approach was Leonard Read. In particular, his chapter “Buy American,” in Having My Way (1974), lays out a better way to approach the issue.

The admonition to “Buy American” has two diametrically opposed meanings. The first is its popular and mischievous meaning — shun goods produced in foreign countries. The second, and loftier meaning embodied in these words, is rarely mentioned or thought of — shun principles and practices alien to the American dream of limited government and personal freedom.

Producers who plead with consumers to “Buy American” are appealing to blind patriotism. Buy my product because it is made here; heed not its price or quality. This is sheer chauvinism. Suppose I were to urge your acceptance of my ideas, rather than those of Marx or Machiavelli, merely because of our differing nationalities. The absurdity of such an appeal is obvious: neither goods nor ideas are properly judged in this fashion; geographical origin has nothing to do with the matter.

Read points out that that the traditional use of “Buy American” is to justify some citizens beggaring their own neighbors, rather than something that advances any sensible interpretation of our general welfare. However, there is an interpretation that does advance our general welfare. Don’t buy (i.e., accept and make use of) actions that violate the American principle of freedom to choose your own productive associations, as long as you don’t violate the common, inalienable rights of others.

Read recognizes that whether a principle is true or not has nothing to do with where it comes from (i.e., ad hominem or “against-the-man” attacks do nothing to invalidate something that is true, although you wouldn’t know it from political rhetoric). As a result, he offers an excellent way to test whether some supposed general principle is valid — change “Buy USA” to “Buy Chinese” or “Buy Mexican,” and ask if Americans would accept the proposition as true based on their patriotism. If it is really a general principle, it is as valid for others in their dealings with us as their potential suppliers as it is for us in dealing with them as our potential suppliers, and the answer would not change. We would support others’ protectionism just as much as our own. But if it is really special pleading, rather than a general principle, people’s answers would change, as when people hypocritically attack other countries for their protectionism at the same time we defend ours as principled.

Read also recognized that the extent of protectionism is far vaster than most people recognize.

All obstacles to competition, be they foreign or domestic, are but variants of this theme.

The difference between a ban on buying a foreign country’s products and imposing tariffs, quotas, or any of a host of nontariff barriers is only one of degree. Whether it benefits or harms Americans does not change; only the degree of such benefit or harm. Similarly, change “Buy American” to “Buy Local,” as with locavore campaigns in agriculture, and the logic is equally invalid.

Such protectionism goes well beyond international trade, as well.

Change the wording to “Buy Union,” as with project labor agreements and prevailing (higher-than-competitive) wage laws, and the logic is the same. Union members are protected from the competition of other workers who would work for less. But that protection not only harms nonunion workers; it also harms customers, whose costs are increased.

Price controls are also protectionism. For example, a minimum wage protects other workers from competing with those who would be willing to work for less, but it harms both those denied their most productive employment and consumers.

The vast majority of antitrust cases are also forms of protectionism. They are not brought by consumers, who generally gain from the practices involved, but by outcompeted rivals who want to take away others’ advantages — advantages passed on to customers. Those outcompeted rivals don’t want potential customers to go elsewhere — and use antitrust to restrict consumers’ ability to access superior options.

A vast array of licensing schemes follows the same pattern. They hide behind masks of quality or safety but primarily keep new competitors out and keep those who would offer lower-quality–lower-price options some customers would prefer from doing so.

Leonard Read offers a powerful solution, powerfully illustrated by America’s own past.

Enough of this mischievous notion. Let us try instead to appreciate and “buy” the American ideal of freedom.

Ralph Waldo Emerson had this to say: “America is another name for opportunity. Our whole history appears like a last effort of divine Providence in behalf of the human race.”

As to the best in political economy, consider the Constitution of the United States. Regardless of its several flaws, no other nation’s charter has equaled it in an economic sense.

In what respect is this distinctively American? Here is the answer: “No state shall without the consent of the Congress, lay any imposts on imports and exports … “

In a nutshell, no tariffs, quotas, embargoes between the several states…the world has never known a free trade area as large as the U.S.A. when measured in value of goods and services produced and exchanged. Never perfectly free, but the nearest approximation to freedom!

In other words, the freedom to associate for productive purposes however and with whomever one chooses, because people were protected from many of the violations of that principle that governments have imposed throughout history, was the essence of the American miracle. And at its heart, as Thomas Jefferson wrote, was “the first principle of association, the guarantee to everyone the free exercise of his industry and the fruits acquired by it.”

Further, Read’s focus on America’s free internal trade offers a counterpoint to a frequent misinterpretation. Those who defend protectionism as a valid principle claim that it was the protectionism adopted by the United States in the form of tariffs that advanced our staggering early economic success. While it is true that import tariffs were imposed, and eventually dramatically raised (see the history of the “Tariff of Abominations” as an example), that was not the source of our success any more than hurdles — which slow running speeds — should be given credit for increasing running speeds because hurdlers are fast. The reality is that the positive impact of our massive internal free-trade zone and other constitutional restrictions on government interference far outweighed the negative impact of international-trade restrictions.

Read then addresses one particular common defense of protectionism: the “infant-industry” argument that free trade may be good in general, but that industries must be protected until they can grow to a scale where they can compete, which amounts to a claim that the benefits of freedom require restricting the freedom that generates them.

In reality, it is competition which protects “infant industries” — it protects them from stagnation and persuades them to grow.

In the absence of competition and freedom of transactions, producers stagnate. It is only when others are doing better that one attempts to overcome, to gain strength. Competition, combined with free exchange, makes strong giants out of weak infants — this is the password to economic opportunity and well-being — an American idea well worth buying.

Read recognized that from the perspective of consumers it is the competition that takes place without artificial assistance or restriction that expands their options the most. It does not matter whether competition leads to a foreign producer who offers better terms because of superior efficiencies or if that producer is American. So there is no reason to artificially nurture American infant industries (which often claim to be infants virtually forever), because it is the results of real superiority that benefit consumers, and artificially tilting the playing field only inhibits the process that best discovers and passes on the gains of such superiority.

Read next turns to another test that rejects the logic of protectionism. If we accepted protectionism in principle, we would be for it in all cases. But, as he notes, we are all free traders when it benefits us. In other words, we recognize that we gain from free trade, except when we are the one benefitted by special treatment — necessarily at others’ even greater costs — by those restrictions. We abandon our own revealed preference for freedom only when bribed by receiving some of what is essentially stolen from others.

Regardless of all the noisy arguments to the contrary, everyone known to me favors both competition and free trade. Name one who does not favor competition among those from whom he buys. Logically, then, how can one favor competition among millions of others and be against it for himself! This is irrationality, not disagreement.

Precisely the same can be said for free trade — domestic or foreign. Name one who would not welcome an order for his products from another country or county. Everyone favors exports. Imports? Favoring exports and objecting to imports is the same as favoring selling and objecting to being paid. This is an absurdity, not disagreement.

Leonard Read realized that the logic of protectionism is riddled with errors and that the practice of protectionism, in its myriad forms, is theft that impoverishes everyone except those bribed by the gains of their protected status and those whose political clout greases those transactions. It is a far cry from either liberty or justice for all. Read’s conclusion:

What then is meant by “Buy American” in its proper sense? Let willing exchange prevail among all people, locally and worldwide. Let each buyer or seller be guided by his own scale of values. Sell the American way and buy the American way — not as presently practiced, but as once prevailed and ought to be reinstituted. Keep ours the land of opportunity for everyone.

Gary M. Galles is a professor of economics at Pepperdine University. Send him mail. See Gary Galles’s article archives.

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Copyright © 2012 by the Ludwig von Mises Institute. Permission to reprint in whole or in part is hereby granted, provided full credit is given.

Unconventional Thinking and Pluralistic Societies – Post by G. Stolyarov II

Unconventional Thinking and Pluralistic Societies – Post by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
August 3, 2012
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I was recently asked whether, with respect to those of us in today’s Western world who think unconventionally, “even if we wouldn’t be physically persecuted, aren’t there certain ‘sacred cows’ that must be respected even to get a hearing in today’s society?

This is somewhat true, though increasingly less so as there come to be more diverse outlets for intellectual expression. This is where a pluralistic society actually greatly benefits individual creativity and freedom: if one outlet is closed (because one’s views are deemed “politically incorrect” or some other variant of “incorrect”), others may still welcome one’s ideas. I have seen this a lot with economics in recent years, as alternatives to the conventional Keynesian and Neoclassical schools are becoming more prominent and respected.

Furthermore, different thinkers may be deterred by “soft” censure to different degrees. Some people could not care less and would be content to be pariahs, as long as they were permitted to pursue their work in peace. Others will try to be more diplomatic and tiptoe around the “sacred cows” while subtly injecting their own ideas into public discussion. Others still will try to obtain independent sources of support, outside the paradigm they are trying to influence, and in this way “buy” themselves time and influence. It is true that being outside of the “mainstream” today will probably deny one certain opportunities – but virtually every major intellectual or career choice will do the same. One trades some possibilities for others; the important question is whether those tradeoffs are palatable in the sense of achieving one’s own goals while enabling one to lead a reasonably comfortable life.

Property Rights Aren’t Always the Libertarian Solution – Article by Sanford Ikeda

Property Rights Aren’t Always the Libertarian Solution – Article by Sanford Ikeda

The New Renaissance Hat
Sanford Ikeda
July 15, 2012
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At FEE’s seminar last week on libertarian perspectives on current events, a participant asked: “How do we privatize the air?”

The student may have had in mind the economic principle, popularized by Ronald Coase, that externalities–especially negative externalities such as air pollution– result from ill-defined or unenforced property rights. The question also seems to reflect a common libertarian idea that in a free society all scarce resources must be owned by somebody. That would include the atmosphere when clean air is scarce.

Property Rights and Economic Development

The Coase Theorem is an economic proposition which says that when property rights are well defined and enforced, and the costs of search, bargaining, and enforcement are reasonably low, voluntary trade will tend to produce results that are economically efficient. Negative externalities will be internalized, as unowned resources are transformed into marketable goods. And if, because of incomplete property rights, entrepreneurs are unable to capture enough of the benefits from their actions (that is, if positive externalities would result), they will be less inclined to make the discoveries that drive economic development. Those benefits would be internalized, too.

There are some positive externalities that most, perhaps all, of those who favor tough property enforcement would hesitate to try to privatize. For example, cultures develop in part on the basis of imitation. Jazz musicians copy from one another all the time, from motifs to entire songs, and reinterpret them in their own creations. Classical musicians have also done this. As a courtesy, the protocol is to name the artist from whom you are copying, such as in “Variations on a Theme of Paganini.”

On an even higher level of abstraction, artists, writers, and even ordinary people partake in an esthetic ethos; scholars, intellectuals, and laymen draw on the intellectual milieu of a place and time. Without the experimentation that comes from such borrowing and give-and-take, cultures would stop evolving; they would die.

The same thing goes for economic development. One entrepreneur discovers a demand for flat-screen televisions and is soon followed by imitators, which in the long run results in lower prices and better quality–and often new products and uses, such as tablet computers.

Don’t get me wrong! Private property rights prevent the kind of free riding that hinders economic development. And of course private property is essential for personal freedom: Property rights not only help to avoid or resolve interpersonal conflict–such as the tragedy of the commons–they are what provide a person with a sphere of autonomy and privacy in an economically developed world where contact with strangers is commonplace.

Elinor Ostrom on the Establishment of Conventions

There are many instances where free riding is a net negative, and the overuse of the atmosphere in the form of air pollution is probably one of them. Despite the efforts of some economists, legislators, and policymakers to institute so-called “cap-and-trade”–which would attempt to establish property rights in the air through government policy–it may be impossible to do something similar for all scarce resources, either by legal mandate or market arrangements. But this need not discourage libertarians, of either the minimal-state or market-anarchist variety.

Consider the work of Elinor Ostrom, winner of the 2009 Nobel Prize in economics, the only women so far to be so honored. Sadly, Ostrom died on June 12, a great loss for social science. While few would consider her a libertarian–I don’t believe she thought she was–libertarians can learn a lot from her work. She is perhaps best known for her 1990 book, Governing the Commons, in which she presented her methods and findings regarding how people coped (or didn’t cope) with what has come to be known as “common-pool resource” (CPR) problems:

What one can observe in the world, however, is that neither the state nor the market is uniformly successful in enabling individuals to sustain long-term, productive use of natural resource systems. Further, communities of individuals have relied on institutions resembling neither the state nor the market to govern some resource systems with reasonable degrees of success over long periods of time.

Voluntary Conventions

In those instances the nonstate, nonmarket institutions she studied were, when successful, conventions that the users of common-pool resources agreed to and used sometimes for centuries. They were made voluntarily and evolved over time, but they were not market outcomes, at least in the narrow sense, because no one “owned” the resource in question and it was not bought and sold. Ostrom added:

The central question of this study is how a group of principals who are in an independent situation can organize and govern themselves to obtain continuing joint benefits when all face temptations to free-ride, shirk, or otherwise act opportunistically.

Her research covered the harvesting of forests in thirteenth-century Switzerland and sixteenth-century Japan and irrigation institutions in various regions of fifteenth-century Spain. Although not every community Ostrom studied was successful in establishing such conventions, it is instructive how highly complex agreements, enforced by both local norms and effective monitoring, were able to overcome the free-rider problems that standard economic theory–and perhaps vulgar libertarianism–would predict are insurmountable without property rights.

Dealing with air pollution is of course a more difficult problem since it typically entails a much larger population and more diffuse sources and consequences. But it’s important to realize that a “libertarian solution” to air pollution may not necessarily be a “market solution.”

Sanford Ikeda is an associate professor of economics at Purchase College, SUNY, and the author of The Dynamics of the Mixed Economy: Toward a Theory of Interventionism.

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.

Prohibition: Bootleggers, Baptists, and Bandits – Article by Sanford Ikeda

Prohibition: Bootleggers, Baptists, and Bandits – Article by Sanford Ikeda

The New Renaissance Hat
Sanford Ikeda
July 7, 2012
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The political economist Bruce Yandle’s phrase “bootleggers and Baptists” captures the idea that special-interest groups with conflicting moral positions often find common cause in particular government interventions.  Many on the political left agree with crony capitalists that government should make taxpayers bailout some businesses that are “too big to fail”; some radical feminists agree with some Christian fundamentalists that government should ban pornography.  Their reasons are different but the policies they support are the same.

Bootleggers and Baptists

The inspiration for “bootleggers and Baptists” (pdf) comes directly from the diverse support that so-called “blue laws” have historically received.  According to Yandle,

Bootleggers . . . support Sunday closing laws that shut down all the local bars and liquor stores [because they increase the demand for illegal hooch].  Baptists support the same laws and lobby vigorously for them [because they believe drinking on Sunday is wrong].

Of course the story behind Prohibition era in the United States, marked by the passage of the Eighteenth Amendment to the U.S. Constitution (1920-33), is this lesson writ large.  Banning the sale of liquor, whatever it did to deter drinking, did wonders for promoting organized crime, which had (and still has) a comparative advantage over law-abiding people in supplying and demanding illegal goods. By clamping down on a product in such high demand, local and national governments (including the fledgling Federal Bureau of Investigation, which also prospered during Prohibition) spurred mob activity, intentionally or not, from Los Angeles to Chicago to New York.

Ken Burns: No Eighteenth Amendment without the Sixteenth

What I hadn’t realized until I saw Ken Burns’s excellent documentary “Prohibition” is that an important and, I think, less-known connection existed between the anti-liquor lobby–which included among others the Anti-Saloon League (ASL) and the Women’s Christian Temperance Union (WCTU)–and passage of the Sixteenth Amendment to the US Constitution.  That amendment gave Congress in 1913 the power

to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

(The Supreme Court had ruled an earlier income tax law unconstitutional in 1895.)

In an earlier FreemanOnline column, Don Boudreaux explained why Prohibition was repealed after only a dozen or so years.  In short the inability to tax liquor, now illegal, along with the onset of the Great Depression, had a devastating impact on government tax revenues.  My focus is on the alliance between anti-liquor forces on the right, pressing for prohibition, and Progressives on the left, pressing for an income tax.

Now, according to one source:

By 1868, the main source of Government revenue derived from liquor and tobacco taxes. . . . From 1868 to 1913, almost 90 percent of all revenue was collected from . . . excises.

That’s a significant source of taxes, without which the government could hardly operate, let alone grow to the size needed to implement the Progressives’ agenda: making government more efficient in order to run society along “rational” principles.  Government programs to improve schools, health care, and industry need a steady funding source, and without liquor taxes intervention could not go far enough.  So no matter how hard prohibitionists argued, marched, and lobbied, and no matter how sympathetic government officials may have been to their cause, they would never dream of sacrificing their cash cow on the alter of idealism–at least not without an equally reliable alternative.

And that of course led naturally to the social conservatives support of the progressive (in both senses of the word) income tax.  The Sixteenth Amendment passed in 1913, opening the way in 1919 for the Eighteenth Amendment.  The rest is history.

Baptists and Bandits

I’m not arguing that the alliance was primarily responsible for passage of the amendment, but rather that it’s clear the interests of social conservatives and the taxman were perfectly aligned.  “Baptists” on the one side, and on the other, those eager to expand the use of aggression to plunder wealth created by trade and to spend it to indulge their own preferences–that is, bandits.

Sanford Ikeda is an associate professor of economics at Purchase College, SUNY, and the author of The Dynamics of the Mixed Economy: Toward a Theory of Interventionism.

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.

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

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

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

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.

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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