The Legal Labor Cartel

Political Correctness, Private Security & Law, Protectionism, The Basics
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“The truth is that legislatures and Courts have made lawyers a privileged class, and have thus given them facilities, of which they have availed themselves, for entering into combinations hostile, at least to the interests, if not to the rights, of the community – such as to keep up prices, and shut out competitors. The natural result of such combinations also is, that the mass of the members will do more or less to screen individuals from suspicion. The consequence is, that the people have imbibed an extreme jealousy towards them…. Now if the profession were thrown open to all, lawyers would no longer be a privileged class – they probably could no longer enter into combinations that would be of any avail to them, and the jealousy of the people towards them would be at an end.” Lysander Spooner, To the Members of the Legislature of Massachusetts, August 26, 1835.

Lawyers, like doctors, are part of a class of people who must join what amounts to a labor cartel in order to lawfully ply their trade. Bar associations have territories, and they drive up the price of legal services in those territories by limiting entry by service providers. Talk of the lawyer’s “professional responsibility to provide legal services to those unable to pay” stems from guilt about this anti-competitive status quo in the legal services market. Why should lawyers owe anyone relief if they didn’t first create the burden to be relieved? …

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Better Than the Golden Rule?

The Basics
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Attempts to summarize all morality into a simple principle are ancient. Long before Kant’s categorical imperative we were blessed with the Silver and Golden Rules. Indeed, there is a sort of progress in the development of these rules:

Silver: Do not do unto others that which you do not want done to yourself.

Golden: Do unto others that which you want done unto you.

Cat. Imp.: Act only in such a manner that you can at the same time will that your act should become a universal law.

But the progress may be illusory. …

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A capital ism?

The Basics
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The debate over whether “capitalism” should be used by libertarians and other supporters of free markets waxes rather than wanes. Last week, Sheldon Richman published “Is Capitalism Something Good?” on Freeman Online. And I can see why Stephan Kinsella calls this an “extremely frustrating” debate. We never get very far.

My favorite of Richman’s points is lexical:

At the semantic level, capitalism is an unfortunate word when applied to the free market. It suggests a privileged status for capital over other factors of production, which is not the case in a free market. A capitalist is not a believer in capitalism but rather an owner of capital. One can be a socialist capitalist, that is, one who owns capital while favoring a system called socialism.

In my younger days of argumentation, people would sometimes accuse me of being a capitalist. Well, in those younger days I was broke. I had no savings. I had nothing to invest, and invested in nothing but my own mind. So I would correct them: “Hey, I’m near the poverty line. No capitalists down here! Besides, I support laissez-faire because it regulates businesses: It enforces a rule of law that disallows businesses from demanding I pay for their goods if I don’t want their goods, or pay more than I would under competition, which laissez faire also enforces. I am not a capitalist, because I insist that we keep capitalists in their place.” …

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Favorite wars, favorite secessions

The Basics, War
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One way of identifying a person’s ideology is by referencing that person’s “favorite war.”

If you can get your average American to admit that both the Revolutionary and Civil Wars were wars against secession, the next heady notion to contemplate is that, just perhaps, the U.S. took the wrong side on at least one of them.

I’d guess that most Americans’ favorite war is World War II. Americans fought against three obvious evil empires (Nazi, Italian fascist, and the Rising Sun), and, in the end brought them down. The worst thing most people I’ve talked to will admit of the war is that “three out of four ain’t bad” — recognizing that the U.S allied itself with the worst of the four regimes then extant, and then fought a Cold War for forty-some years because of that dangerous alliance.

But surely the Civil War has nearly as many (or more) “buffs.” And the Civil War certainly exerts a great deal of influence over our (varying) sense(s) of allegiance.

For instance, I often talk up secession, refer to it as a basic right and an obvious foundational aspect to any free federal union. It may be traumatic, but it is as necessary as divorcing an abusive spouse, or as satisfying as telling a crazy boss to “Take this job and shove it.” The usual argument against secession is a knee-jerk “but the Civil War settled that” routine. How many times have I heard this? Must be dozens.

…

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Capitalism, Socialism, and Libertarianism

Statism, The Basics
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There’s been a good deal of debate recently in libertarian circles about the word capitalism. Is it compatible with libertarianism? A synonym for it? Should we use it? For example:

As some of my posts linked above indicate, I find this debate extremely frustrating because the nature of the debate is rarely made clear. In that respect it is reminiscent of the interminable debates over gay marriage and thick v. thin libertarianism. On the gay marriage issue, it’s often the case that the arguments of gay marriage opponents boils down to opposition to the word marriage being used by the state in the caption in the statute, though they usually won’t come clean and admit it. In my view (not shared by all my co-bloggers at TLS), the thick-thin paradigm adds nothing of substance and is used to equivocate–engaging in non-rigorous argument about what “libertarianism” “is” semantically and then using this to argue for one’s particular substantive positions; it’s like trying to prove that marriage implies slavery or wife-ownership because the word “my” is used in “my wife.”

The libertarian opponents of “capitalism” often engage in equivocation, I believe. If challenged they say they are just opposed to the word, as if this is a semantic or maybe tactical/strategic issue. But because of confused leftist beliefs, many of them are actually opposed to aspects of the underlying social order that we anarcho-libertarians refer to as (non-corporatist) “capitalism”–the modern industrial free market. They oppose “absentee ownership” (see my post A Critique of Mutualist Occupancy), favor localism and self-sufficiency, are leery of the division and specialization of labor, buy into Marxian ideas about “alienation” and “labor”; they accuse standard libertarians of putting undue stress on “capital” while they do the same with “labor” and “the workers”; some flirt with crankish Georgist ideas, and so on. Some of the opponents of the word “capitalism” seem to have genuine strategical or even semantic concerns, such as Sheldon Richman, instead preferring the term “free market.” But some of them seem to oppose even this term–preferring instead the bizarre and annoying term “freed market,” or outright opposing the word “market” in the phrase “free market” (see Markets vs Free Markets). …

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