TLS Podcast Picks: The Disrupters on Google Tablet and Online Office

Anti-Statism, IP Law, Podcast Picks, Racism, Technology, The Basics
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Future of Freedom Fund

Anti-Statism, Education, Private Security & Law
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Besides traditional activism such as politics and writing and speaking, on occasion intellectual entrepreneurs try to find more innovative and creative ways to work for a free society. Examples  include various forms of “new libertarian nation” projects (like Patri Friedman’s Seasteading Institute, and the Free State Project), as well as the idea of subscription-based patrol and restitution advanced by Guillory and Tinsley, or Stephen Fairfax’s ingenious proposal presented at Austrian Scholars Conference 2010, “Returning Gold to the Consumer Marketplace” (discussed here).

Along these lines, I’ve been fascinated with an idea I got when I read about an utterly fascinating legal squabble way back in 1996 or so when I lived in Philadelphia. This concerns the infamous Holdeen Trusts, and a series of cases and legal disputes centered around same. An article about it in the Philadelphia Inquirer caught my notice because it concerned the efforts of an eccentric millionaire New York lawyer, Jonathan Holdeen, to set up a series of trusts that would one day totally wipe out taxes, at least in Pennsylvania (see also The Holdeen Funds, by Rajan Mylavaganam, below).

Holdeen set up a labyrinth of trusts in Pennsylvania in the 1940s and 1950s, lasting for hundreds of years, with the accumulated trillions of dollars to be eventually used to endow and completely fund the operation of the government of Pennsylvania. He chose Pennsylvania, believing that that state’s laws were most favorable to the validity of such trusts. Holdeen “modeled his plan somewhat after that of the thrifty Benjamin Franklin who limited himself to two hundred years (1790-1990).” (Holdeen v. Ratterree, 270 F.2d 701 (2d Cir. 1959); see also Holdeen v. Ratterree, 190 F.Supp 752 (N.D. N.Y. 1960); In re Trusts of Holdeen, 486 Pa. 1, 403 A.2d 978 (1979).)

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Three (very) common libertarian mistakes

Education
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While advocating for the principles of a free society, libertarians find obstacles of all sorts. Whether one sees it as a battle of ideas  or — better yet — a sales campaign, sometimes our methods of persuasion and debate become a big part of the message. Thus sometimes our mistakes become the biggest obstacle to our success. Lets review three very common ones.

1. Thinking that libertarianism is “intuitive” or “obvious”

To be sure, certain moral positions (on stealing and murdering) are universal and intuitive enough, but the whole edifice is neither obvious nor easy to grasp. The problem is, most people forget how they learned and especially, forget their previous ignorance. Thus, they project a light of knowledge over their past as if they always knew. This is easy to observe when one reads giants like Mises and Rothbard. The second after we absorb some keen insight of theirs, we internalize it and begin to think it is “obvious” and should be so to others. Well, it isn’t. We acquired it through long years of studying dozens, sometimes hundreds, of books. Every libertarian I know continues to read and debate the fundamentals of libertarianism, not only applications to current events or history. This tells me that libertarianism is an unfinished edifice with many parts, even if one can sum it up in several ways. Those essentials and summaries will never replace the whole of the doctrine.

2. Assuming common ground with everyone

The fundamental clash throughout human history, Liberty vs. Power, can only be properly understood when the basics are properly identified. Let’s begin with liberty. In ancient times, liberty was defined as the ability to participate in collective decision-making and independence from other nations. Thus, liberty was about political participation and national sovereignty. The individual was not the relevant political unit. It wasn’t until the advent of Humanism, placing the individual at the center of political and economic analysis that Liberty could start meaning what us libertarians need it to mean in order for our insights to be popular at any time and place.

Power, on the other hand, means political power for us. It springs from the use of force or the threat thereof. Education, the media, tradition and others influence human behavior but they can be either chosen or rejected if needed. That’s why any talk of commercial billboards or TV content having power over society is ultimately doomed to fail. But in the same way any talk about “oppressive bosses” or “gender oppression” are confusing. Bosses cannot deprive oneself of rights, because to have a boss (as opposed to a slave-owner, a socialist dictator, a lord or a king) requires a contract in which one has freely entered. Ergo, bosses implies rights and where there are rights there is liberty, and power is absent. A boss may be demanding, rude, etc but as long as one has “exit”, there is no oppression. Gender oppression strictly means that women are denied their (individual) political rights to personal integrity and property. But gender discrimination when those rights are fully present such as in most Western countries, on the other hand is an exercise of others’ rights. When men are preferred for a job over women, it’s the company’s loss to deprive itself of that talent. But in many professions that deal with security and force, such discrimination is not only necessary but wise. Confusing a lack of women’s rights with an exercise of men’s rights that we dislike is worse than misleading: it will invite State intervention to “fix” a non-problem. Or at best, a problem that has to be solved (if need be) through civil, pacific means.

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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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