Should Marriage Licenses Be Restricted to Heterosexuals?

Corporatism, Libertarian Theory, Nanny Statism, Political Correctness
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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.

Should Marriage Licenses Be Restricted to Heterosexuals? Read Post »

(Statist) Politics as Household Management

Anti-Statism, Democracy, Libertarian Theory, Vulgar Politics
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In a previous post, Voting, Moral Hazard, and Like Buttons, I discussed the moral hazards of voting and why democracy does not legitimize the state or protect our liberty. I also discussed how statist democracy, particularly representative democracy, is manipulative and conducive to top-down central planning of society. (Statist) politics tends to reduce all basic social issues to problems requiring administrative manipulation. In this post, I’m going to delve into this issue further and draw upon insights by Hannah Arendt in The Human Condition1 to illustrate how (statist) politics is inherently an attempt to run society as one massive organization, organism, or machine.

Hannah Arendt’s analysis of the differences between action (praxis)2 and work – and between politics, which involves action, and fabrication or making (poi?sis), which involves work – has negative implications for the central planning of society that is characteristic of modern representative-democratic states. In particular, I have in mind her criticism of Plato, and to a lesser extent Aristotle, regarding their tendency to view society as a sort of organization and politics as the running of society as such an organization – or, in their words, politics as akin to household management. This fits with the tendency in many cultures to refer to one’s country as “the Fatherland” or “the Motherland” and with socialists and communitarians (on the left and the right) essentially modeling their ideal society after the family.


  1. All page numbers, provided for your convenience, refer to the 1998 2nd Edition. 

  2. Arendt uses the term ‘action’ more narrowly than do the praxeologists of the Austrian School. 

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Wolf in Sheep’s Garb

Libertarian Theory
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Martin Wolf, a British writer, has offered us a grand example of a certain rhetorical style. He has written a seemingly reasonable pitch for the modern state, a defense that had a chance of ascending to the insightful had he not also possessed another, more subtle purpose in mind.

He asks “What is the role of the state” in order to declare, with the utmost confidence, that the role is to provide “protection.” Protection of what or whom, it is not really very clear, though civic-minded readers will just assume it is “everybody.”

Also not clear, at least at the outset, is whether he is describing what states do or telling us what states should do. There is a difference.

But what becomes clear, as one reads, is that Wolf’s main purpose is to cast aspersions on libertarian ideas.

The careless reader might not notice his anti-libertarian stance until he brings up anarchism only to dismiss it by saying that “most people accept that protection . . . is a natural monopoly: the presence of more than one such organisation within a given territory is a recipe for unbridled lawlessness, civil war, or both.” There’s nothing like the authority of popular opinion to decide an important issue.

Libertarianism/classical liberalism comes under attack, directly, in the eighth paragraph. But by this time the careful reader will have understood that the whole piece has been written in just such a way as to undermine respect for libertarian ideas. Not argue against libertarianism, mind you, just undermine respect. For what Wolf offers by way of argument is not very compelling.

What is compelling is the careful rhetoric of the way he frames his piece. He raises up “protection” as the standard, and dismisses the Molinarian idea of competition in protective services without once mentioning any scholarly work done on the subject, or (and this is where he is breathtakingly clever) using the word “contract.” As I wrote on my blog yesterday, he carries over his understanding of warfare and conflict from his experience with monopoly state governments, and imputes them to competitive protective services.

The cleverness comes in with his immediate admission of a more skeptical point of view than the one he obviously prefers. He cites Mancur Olson’s contention that the state is a “stationary bandit.” And then he offers up the three mechanisms by which the stationary bandit has been controlled in modern time: exit, voice, and restraint. This is all very fascinating, and could have been the beginning of a great article on the nature of politics and law. Instead, he turns on libertarians, and misinterprets their ideas as relying almost exclusively on “restraint,” that is, the constitutional constraints of competing powers and the like.

The truth is that “exit” is the main check that libertarians prefer. And “voice” (speaking out, protest, lobbying, voting) is not exactly foreign to the libertarian mindset, either.

His contention that libertarians have little practical hope has more than a little plausibility. But I pilloried his assertion that libertarianism is “hopeless intellectually,” elsewhere. It is a silly argument. Utterly silly. Risible.

And by “silly” I don’t mean “blessed” or “pious.”

Those may have been the original meaning of the word, but I’m going with current meaning.

Why bring this up?

Because Wolf concludes his short essay with a discussion of an Athenian epithet, against those who don’t participate in politics. The word? “Idiotes.” And Wolf cannot help himself: “This is, of course, the origin of our word “idiot”. Individual liberty does indeed matter. But it is not the only thing that matters.”

You see what he’s done here. He’s called libertarians “idiots.” It’s his final, subtle insult. (This is the clear implication, even though libertarians, in insisting on rolling back the state, are also, just as clearly, being the good citizens he himself says we all have a duty to be.)

The whole piece ends up amounting to nothing other than an exercise in passive-aggressive rhetoric. Actual arguments are sparse. But by juxtaposing ideas in a certain way, it is designed to lead people not inclined to libertarianism to take libertarian ideas less seriously.

It is perhaps a pity that Ilya Somin (on The Volokh Conspiracy) and I (on Wirkman Netizen) took his piece seriously. Really, it is not a serious piece of argument. It is a clever piece of derision . . . all the more so because it doesn’t look like one.

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Should Parents Need a License to Procreate? A Moron Says Yes.

Corporatism, Nanny Statism, Victimless Crimes
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Hugh LaFollette, “Licensing Parents Revisited,” Journal of Applied Philosophy.1

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.2 Once you concede the legitimacy of some licensing, then more outrageous nonsense inevitably follows.


  1. Anytime you see the words “applied philosophy” or “applied ethics” together and the article isn’t written by a libertarian, it is safe to assume it contains some nonsense like environmental socialism, Big Brother or nanny statist stuff like this or national health care or other social-welfare programs, calls for government to make businesses more socially responsible, and so on. 

  2. No offense, my home state of Louisiana. Why we need to be protected from bad floral arrangements is beyond me. What professional licensing is really about is restricting competition in order to protect existing players in the market; which, not incidentally, is what the state-granted monopoly privilege called intellectual property is about too. Licensing procreation will effectively be a eugenics program. And requiring a license to parent will amount to a massive social engineering project controlled by the politically-connected few. 

Should Parents Need a License to Procreate? A Moron Says Yes. Read Post »

Regarding Libertarian Strategy: A Reply to Ross Kenyon

Anti-Statism, Libertarian Theory, Statism
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Although I find Kenyon’s analysis of the radical socialists interesting, ultimately I disagree with his categorization of libertarianism’s 3 options:

  • Libertarians can allow themselves to be absorbed into the Republican Party and work to expand the Liberty caucus.
  • Libertarians can abandon the Republican Party to work exclusively through the Libertarian Party.
  • Libertarians can jettison electoral politics altogether and refuse to be governed by majoritarianism and statism.

The first one will happen to the Tea Party movement. The second one is not workable, as the author admits.  Nothing can be done about either.  As for the truly radical approach, we are not violent revolutionaries and are never going to be.

What’s missing from that article is something fundamental — people get the government they deserve.  We need to make this country deserve better.  If a choir chants “we” in chorus, it is still the individuals speaking.  Unless libertarians actively change individuals, society will not budge.

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