In a previous post I pointed out the slippery slope in accepting government-backed licensing of “crucial” professions. The problem with slippery slope arguments is that they tend not to be rhetorically-compelling to those without a sufficiently cynical, I should say realistic, conception of the state. They are simply not convinced that allowing certain “reasonable” policies now will set a precedent that will lead to unreasonable policies down the road. Our worries are discounted as merely hypothetical possibilities. They are quite content to put off discussion of crossing that bridge when we come to it…if we come to it, as they see things. And, in any case, something needs to be done about the current problem now, dammit! The trouble is, by the time we reach that bridge of unreasonableness (wherever it happens to be for our interlocutor), we have already gathered so much momentum from sliding down the slope that it is difficult, if not impossible, to halt, much less reverse, the slide. Along the way, with each new government intervention, people grow increasingly used to turning to government solutions for every little problem — they lose the ability to even imagine the possibility of private, market solutions — and what was once thought unreasonable no longer seems so.
We libertarians have more than merely consequentialist, slippery slope arguments against government policies, of course, but I still think it is useful to point out dangerous precedents, particularly when our worries are not just theoretical as we are already well on our way down the slide. The acceptance of professional licensing of “crucial” professions has over time been expanded into ever more areas, even to the licensing of florists in my home state of Louisiana and now to calls for the licensing of parents.
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One of the hot button issues in recent years has been gay marriage. Socially conservative people may well object to calling a gay union “marriage. That is, of course, completely understandable. Marriage and religion have been closely intertwined, and the most popular religions in the world today do not generally regard a same sex union as a marriage. I was considering the various positions taken by libertarians on gay marriage. I have seen opinions from libertarians that marriage licenses should not be issued to gays because a state marriage license enables aggression against third parties. That is true. Also, some, such as Stephan Kinsella, argue that it is a good that gays get the legal protections which come with a marriage license.
Second bests are divisive issues for libertarians. We all wish for the state to leave people alone, but we are all too painfully aware that it frequently does not, and that there are political debates raging around us where policies are promoted which have real world consequences for us all. Many of us seek to minimize the harmful effects of these policies by stating a preference of one over the other. Such is the case with gay marriage. Libertarians of varying stripes, mutualists, paleolibertarians, anarcho-capitalists, all agree that the state should get out of the way and not interfere with free interactions among people. Yet different ideologies among libertarians often cause us to differ wildly on what state policy we would prefer, from the likely choices being supported by the public.
I have long been of the opinion that state licensing should be extended to the point that it is meaningless. However, a license which allows aggression against others should give any libertarian pause. In order to consider the problem more effectively, I did a thought experiment involving a much more severe form of aggression than those normally associated with a marriage license: murder.
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Hugh LaFollette, “Licensing Parents Revisited,” Journal of Applied Philosophy.
The premise of his article is that the legitimacy of professional licensing is well-established and the practice should be expanded to parents.
While one could argue that it doesn’t follow from professional licensing being applied to various professions that it should be expanded to parents, this article is really illustrative of why libertarians should oppose professional licensure outright.
It’s a slippery slope from licensing florists to licensing parents, be it for procreation or raising children after the fact. Once you concede the legitimacy of some licensing, then more outrageous nonsense inevitably follows.
