The Death Throes of Pro-IP Libertarianism

IP Law, Libertarian Theory
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death throes of an archaeopteryxMy article, “The Death Throes of Pro-IP Libertarianism,” was published on Mises Daily today. Also published today on Mises Daily is a reprint of Wendy McElroy’s great, classic “Copyright and Patent in Benjamin Tucker’s Periodical Liberty.”

Updates:

Amusing: on the “Christian Pipe Smokers” site (hunh?), one guy links to my article and says “This is so beautifully written I had to share it.” Another replies: “Okay to be nice I started reading it. I got half way and wanted to blow my brains out. That was stupidly and poorly written. After getting half way I was lost having no idea what he was talking about. … If yer reading crap like this all the time it is no wonder your politics are screwed up.”

Also, mentioned in Where should anarchists stand on IP? (FreeDissent); my comment was:

Thanks for the plug, but correct, I don’t regard myself as a right-libertarian. I despise the right, and also the left. We libertarians are neither right nor left.

I’m nonreligious, pro-gay-marriage, pro-open-borders, pro-tolerance/cosmopolitan values, pro-drug legalization, anti-state, anti-war, and anti-IP. And I even like chardonnay. I am not sure how that makes me “right.” I doubt they would have me.

Also discussed on Freesteader.

And in an excellent post, The Decline of the Randian Influence on American Libertarianism?

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Cultural preconditions for liberty

Police Statism, Victimless Crimes
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Four women and eleven men have been convicted of “mingling” at a party, in Saudi Arabia. Sentence? According to the AP, “flogging and prison terms.”

The men, who are between 30 and 40 years old, and three of the women, who are under the age of 30, were sentenced to an unspecified number of lashes and one or two year prison terms each.

The fourth woman, a minor, was sentenced to 80 lashes and was not sent to prison.

We don’t really need to ask why this was done. We all know. The Sauds follow the Old Time Religion, and it’s pretty darn strict. (The AP explains it as follows: “Saudi Arabia follows a strict interpretation of Islam that prohibits unrelated men and women from mingling.”) It is also amazingly illiberal, in almost all of the senses of the word.

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Live and Let Die

(Austrian) Economics, Health Care, The Right, Vulgar Politics
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A schoolmate of mine, a Christian conservative, once insisted that the reason our public school teachers informed us about Eskimos leaving their aged on the ice to die was to prepare the way for doing something similar to our oldsters.

That seemed like quite large dose of paranoia, to me. After all, also in public school we learned that Aztecs cut the hearts out of those they sacrificed to their gods. The pyramid steps of Teotihuacan ran red with blood. We were told this, I thought, because it was true. Could there have been an organ harvesting agenda behind the history lesson?

Seemed unlikely.

Before asserting a major conspiracy, it strikes me as worth addressing, openly, all aspects of the problem that might give birth to such concerns. Was euthanasia of the elderly in the future? Probably only when I get old, I thought, darkly. But seriously, why would it be considered?

Because of the expense, of course.

But whose expense?

This is lightly touched on in Thomas Sowell’s recent column, “A ‘Duty to Die’?”

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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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Anti-immigration libertarians are treading in dangerous waters

(Austrian) Economics, Immigration, Police Statism, Totalitarianism
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There's only one way for government to effectively secure its borders.

In a perfect world (Ancapistan/Libertopia), say libertarians who want to restrict immigration, we could have open borders. For one thing, they say, all property would be privatized, so it would be up to individuals to decide who will be allowed to traverse their land, roads, and waterways. Furthermore, they explain, there would be no massive welfare state encouraging the neighboring country’s proletariat to immigrate for all the freebies. There would be no arbitrary government rules about “natural born citizenry” which encourage pregnant mothers to try to birth their babies on American (that’s the country we’re talking about here, after all) soil thus securing the right to live in America for their child, and by extension (since it’s inhumane to break up the mother-child family unit) their right to live there as well.

Now, I’ve seen libertarians argue that the Mexicans (let’s face it, that’s really whom we’re talking about) who cross the border illegally are mostly looking for the freebies, and I’ve seen libertarians argue that the Mexicans who cross the border illegally are mostly looking for work which Americans don’t want to do themselves (like picking lettuce all day in fields of pesticide). Who’s right? I haven’t a clue. I’m sure the American welfare state is very enticing to the neighboring poor. I’m sure without it, there’d be less immigration from Mexico. But none of this matters to me. I’m not even going to make the pro-liberty argument which by definition is against government controlled borders.

What I want to do is concede all of the above arguments to the anti-immigration libertarians. Let’s assume that an enormous welfare state requires heavily regulated or possibly even closed borders. I don’t believe this to be the case, but let’s stipulate that it is. Now what? What are these libertarians implicitly assuming?

That the government can efficiently and effectively manage the borders. If there is one thing every libertarian should know about government it’s that government cannot efficiently or effectively perform any “service” without resorting to totalitarian police-statism. When the government minimizes costs (don’t laugh), it performs at woefully substandard levels. Think of the levees around New Orleans which failed during Hurricane Katrina, for instance. For adequate quality of service, for instance the Hoover Dam or those stretches of elevated interstate cutting through the marshes and swamps of Louisiana (very fine work), the government has to overpay enormously. The systemic defects inherent in government bureaucracy cannot be overcome, as they are due (mostly) to the absence of a profit motive. The government simply cannot provide quality services at market prices; often, the government cannot provide quality service at any price. What the government can do, however, is provide brutality very cheaply, for a while.

So, while the government won’t be able to build proper border walls at a reasonable price, what it can do is man whatever type of walls it does build (cheap, low quality walls, or massively overpriced, high quality walls) with soldiers who have orders to shoot-on-sight and ask questions later, if at all. Tossing several thousand mines outside those walls wouldn’t cost much either — we could describe it as brutally efficient. Why not require every citizen to carry government identification cards and make the penalty for failure to comply (accidental or intentional) very severe? We have examples of countries which have managed to secure their borders effectively (for the most part). I’ll name three: The former Soviet Union, North Korea, Cuba. Governments which haven’t degenerated into police states just cannot accomplish it.

So I pose this question to those libertarians who claim that as long as we have a colossal welfare state, we must have strict immigration controls: what’s your libertarian plan for accomplishing this?

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