Article: What Is To Be Done? — A Comment on Angelo Codevilla’s “Ruling Class”

Anti-Statism, Articles, Democracy, Education, History, Libertarian Theory, Non-Fiction Reviews, The Right
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In his paper “America’s Ruling Class – and the Perils of Revolution” Professor Angelo Codevilla offers an excellent analysis of the causes and forms of government encroachment into the basic traditional liberties of Americans, and a very good sketch of the reasons why big government ideology succeeded in imposing its tenets upon the country, despite overwhelming opposition by Americans. The problem America faces, according to him, is nothing less than a complete usurpation of power by an alienated elite: the ideologues of big government and the politicians that work in concert to subvert the structure of the American constitution, and to rule over the great majority of Americans against their will. Professor Codevilla paints a very grim (and very true) picture of the complete breakdown of the constitutional form of government in America, under the assault of the modern statist ideology, delivered in a bipartisan manner, and garnered with political corruption. But he fails to provide prescriptions radical enough to deal with the problem, perhaps because he too is a member of that big-government-worshiping elite.

Ivan Jankovic is a graduate student of Political Science at the University of Windsor, Canada. Originally from Serbia, he has published in the fields of Austrian economics, public choice, and classical liberal philosophy.

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Afterwards, discuss it below.

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A Short Defense of Punishment

Legal System, Libertarian Theory, Non-Fiction Reviews, Private Security & Law
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It is particularly prevalent among libertarians and practitioners of Restorative Justice to favor restitution and reject punishment, or to at least reject retribution (private punishment “owed” to the victim / “just deserts” / “getting even”). I find this brief argument, from Getting Even: Revenge as a Form of Justice by Charles K. B. Barton, p. 93, to be persuasive:

1. Humans are innately social beings who can flourish and achieve their full humanity and potential in terms of moral and spiritual maturity, only in society.

2. A human society is a moral community.

3. A moral community is such that its members are mature, morally responsible individuals who hold one another accountable for wrongs to fellow members and to the common good.

4. To hold persons responsible and accountable for wrongs to fellow members and to the common good is to consider them liable for blame and punishment for such wrongs, independently of functionalist and instrumental considerations, such as expressing disapproval or deterrence—though obviously such considerations are not irrelevant to impositions of punishment.

5. To consider persons liable for blame and punishment for wrongs independently of functionalist and instrumental considerations is morally to accept retribution.

Using this explanation as part of an argument, there are two conclusions which follow:

6. Human individuals can flourish and achieve their full humanity, including moral maturity, only if they morally accept retribution and retributive liability for their wrongful actions.

7. Since individual flourishing and the achievement of one’s full humanity, including moral maturity, are good things worthy of being pursued, retributive punishment within the limits set by the principles of justice is also a morally good thing which may be pursued and, unless contra-indicated by countervailing instrumental and functionalist considerations, or by the appropriateness of mercy and forgiveness, ought to be pursued.

I highly recommend Barton’s book Getting Even. And his book Restorative Justice: The Empowerment Model is likewise excellent.

For a more comprehensive discussion about the key role that mediation must play in any legal system that aims to achieve justice, see my working paper A Call for Mediation Casebooks.

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“Human Action” Review of Huebert’s Libertarianism Today

Anti-Statism, Non-Fiction Reviews, The Basics
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The site “Human Action” has a nice review by “freeman” of Huebert’s Libertarianism Today, pasted below (mine was here: The Best Introduction to Libertarianism Ever).

Libertarianism Today

Libertarianismby Jacob H. Huebert
(2010 Praeger)
255 page paperback; $25.00
Buy this book

It is not easy to strike a balance between being informative and entertaining, covering all the relevant facts while remaining lucid and interesting.  It is perhaps even more difficult to write a concise introduction on a very broad topic while delivering enough substance and detail to keep the intelligent reader engaged.  And maybe it is especially difficult to do all this when the topic is a fringe political philosophy called Libertarianism.  But Jacob Huebert manages this tricky task with a refreshing degree of clarity in his book Libertarianism Today, which promises to be widely read.

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eBook: Fifty Economic Fallacies Exposed

(Austrian) Economics, Anti-Statism, Education, Non-Fiction Reviews
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Understanding basic economics is crucial for all libertarians.  No other field offers as clear and irrefutable a case for liberty.  Indeed, statism draws much of its support from the public’s flawed understanding of economics.  Even libertarians are occasionally led astray by flawed economic reasoning.  A friend recently brought a book designed to combat such flaws to my attention:  Geoffrey E. Wood’s Fifty Economic Fallacies Exposed.

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Therapeutic Market Nihilism

(Austrian) Economics, History, Non-Fiction Reviews
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Over this past summer I read William M. Johnston’s ‘The Austrian Mind‘. This scholarly work amply demonstrates Johnston’s vast erudition in the intellectual history of the Austrian-Hungarian empire during the Victorian era, or better yet, the Franz-Josephian era. I wanted to highlight  a comparison that Johnston draws between the attitudes of that era’s medical establishments focus on diagnosis rather than treatment, with the classical liberal stance of non-intervention with market activities.

“The indifference to human life, which as late as 1900 afflicted the General Hospital, both contradicted and reinforced other Viennese attitudes… Disease comprised part of life: the task of doctors was not to eradicate it but merely to understand it. Refusal by nineteenth-century physicians to intervene in natural processes paralleled the reluctance of many Austrians to participate in politics. Likewise, the preference of Carl Menger and Ludwig von Mises for an unimpeded market seemed to corroborate the medical dictum, “The essential is to do no harm” (Primum est non nocere). -Pages 228-229

The comparison is not entirely unfair, and certain qualities do correspond one another in a pleasing manner. For one, the quoted medical dictum is strikingly similar to Virgil’s oft-quoted aphorism “Tu ne cede malis sed contra audentior ito“, the motto by which Mises strived his life’s work.

‘Therapeutic nihilism’, as Johnston explained elsewhere, “[i]n medicine this phrase denoted systematic refusal to prescribe remedies for fear of perpetuating quack cures.” Later, he expounds on the unintentional side effect wrought by this passive attitude– “[i]t was a more cold-blooded self-mastery that impelled the Vienna anatomists to launch modern medicine. By sweeping away the post hoc, ergo propter hoc fallacies that had vitiated earlier therapy, they enabled the next generation to implement empirical pharmacology.”

It is eminently reasonable to compare this cold, medical attitude to the laissez-faire position that identified the policies of an interventionist state to be “quack cures”. Instead, the body politic would stop impeding the system’s endogenous recovery by simply refraining from coercive, property-invading measures, and thus allowing the market to work things out.

From the context I’m not entirely clear of Johnston’s intentions, and whether his distaste of the hands-off medical ethos carried over into the socio-political side of the analogy and so to be charitable I won’t presume this to be the case. Yet, someone less forgiving than I can read from these passages an insinuation that relying on the market’s “natural processes” is insufficient [i.e., the market is not perfectly self-regulating], and that it is therefore ripe for a dose of ’empirical pharmacology’ to improve things.

Now, unlike a doctor, an economist is a practitioner of a wertfrei science and as such would be overstepping the boundaries of his discipline if he were to proclaim a market to be “imperfect” or “inefficient”. Perfect/imperfect implies a comparison to some other situation, and whether or not that situation is to be preferred is strictly a matter of a subjective value judgment.

Yet, even if one were to concede the point that markets are sometimes flawed, this still would not support the notion that a central planner could or would be able to do a better job of making the market more perfect. If anything, Mises’s famous calculation argument showed that this would be an impossible task.

In conclusion, there is no reason to think that modern empirical economics is anything other than the same old quack medicine with a veneer of respectability.

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