Epic Takedown Of “You Didn’t Build That”

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Over at Cafe Hayek is a must read takedown of the entire “YOU DIDN’T BUILD THAT!” charge.

Don Boudreaux lays out a cohesive, detailed, and very compelling case against the entire mentality behind “you didn’t build that.” In one sense, the charge is true. Whether public or private, the infrastructure and the products of an entire worldwide market in goods and services is a key enabler to allow entrepreneurs to be successful. This includes things like government roads, education systems, etc. This is true, and not really a point of argument.

But the “you didn’t build that” charge takes it one step further and places the credit for successful entrepreneurship at the feet of all that infrastructure. If this were the case, entrepreneurship would be easy. But it’s not. It’s what entrepreneurs do to create value above and beyond all that infrastructure that makes them successful. And that’s a story that isn’t well-written anywhere–until now.

I try to set a high bar for linking off-site, since I so rarely post. I do it when I see something that really deserves a read, and this post cleared that bar easily.

Rand Paul Is Not a Perfect Libertarian, But He Comes Closer Than the Rest

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In a post over at Reason’s Hit & Run, Jacob Sullum is asking “Can Rand Paul’s Positions on Abortion and Gay Marriage Be Defended on Libertarian Grounds?” Sullum concludes that yes, they can be, “but you have to try pretty hard.”

The correct answer as to both is no.

First, with respect to abortion, Rand Paul believes that from the point of conception, human life is entitled to state protection. Sullum concludes that this position “can be defended on libertarian grounds” once one “accept[s] the premise that a fetus is a person with a right to life.”

Rand Paul is correct (and Sullum is right to implicitly recognize) that abortion is not self-evidently beyond the purview of government. To the contrary, conflicts between rights-bearing individuals are quintessentially within that purview.

Government is the repository of collective force, the monopolistic holder of the privilege to enforce conformance to the collective will. According to most libertarians, that power is legitimately wielded to protect individual liberty, such as through the punishment and prevention of crimes like assault, battery, murder, rape, robbery, etc.

As an aside, from what I understand, even most anarchists endorse some sort of protocol for dealing with violence. One of my disagreements with anarchists is that I have never found anything semantically useful about calling those protocols anything other than “government.”

In any case, Paul and Sullum are therefore further correct that, if one accepts the unborn have rights, abortion is an issue that falls well within the purview of the state—because it involves a conflict between individual rights most of us readily acknowledge (the right to control one’s body versus the right to continue living).

As far as I know, however, nothing in libertarian doctrine answers the underlying, fundamental question of whether and when the unborn become rights-bearing. Only philosophy can tell us what attributes entitle a living entity to rights, and only medical science can tell us when the unborn develop those attributes.

I therefore disagree with Sullum in this very narrow respect: It would be better to say there is nothing inherently unlibertarian about Paul’s position on abortion than to say that libertarianism provides a basis for defending that position. Perhaps I am being pedantic. Perhaps it is an issue purely of semantics.

But it is one that matters to libertarians and non-libertarians alike.

Paul has some treacherous political terrain to navigate if he hopes to win both the GOP primary and a general election. If he wants the libertarian base to cross that terrain with him, he will probably need to articulate his positions with that level of finesse.

As a final note on the abortion issue, since non-libertarians often ask how we come down on this, I will go ahead and state my own position for the record. My own personal criteria for recognizing a living being’s entitlement to rights include some combination of the following: the ability to prefer existence over non-existence, the potential for high level sentience and the capacity to experience pain. I do not support interfering with a woman’s bodily autonomy from the moment of conception. I agree with Rand Paul, however, that fetuses become rights-bearing before the end of pregnancy and even before the end of the first trimester.

Second, on the issue of gay marriage, Sullum quotes Paul as lamenting that:

Ultimately, we could have fixed this a long time ago if we just allowed contracts between adults. We didn’t have to call it marriage, which offends myself and a lot of people…

From a libertarian perspective, there is no “we” here. There is no group properly endowed with the power to decide for everyone else what relationships get to be called “marriages.” It is for individuals to decide whether their relationship constitutes a “marriage,” and it is for other individuals to decide whether they agree with that characterization.

The issue is increasingly a litmus test precisely because it is so revealing of a candidate’s feelings about the relationship between individuals and government. It will be hard to sell a message of small government and liberty while simultaneously insisting that government should be so deeply involved in our lives as to define relationships and dictate how words are to be used.

In the past, Paul has indicated that he supports leaving it to the states to decide whether to recognize gay marriage. That position might solve Paul’s political problems as a federal candidate. But it is not inherently libertarian. Libertarians are, generally speaking, concerned with defining and limiting the exercise of force. That concern is not limited to federal government exercises of force.

Without more, Paul’s reliance on federalism requires libertarians to accept the following compromise: that while Paul believes state governments can interfere with private marriage, since he is not running for state office, we ought not worry overmuch about it. The argument is not without its merits. But it is also not libertarian.

On the other hand, Paul’s comments last year that “I don’t really think the government needs to be too involved with” marriage were decidedly libertarian in nature. Perhaps that is even his true position, and his more recent remarks have been more about rallying another wing of the GOP base. Whether he can get past the primary without clarifying remains to be seen.

As a final note, sophisticated social conservatives will argue that state maintenance of traditional marriage does not constitute an exercise of force, but merely an expression of what relationships the majority choose to recognize as “married” within the meaning of the law. The distinction is worthy of recognition and merits debate. However, states use force to collect taxpayer money to run their marriage licensing programs, and most libertarians intuitively support some version of “equal protection” doctrine.

In summary, to answer Sullum’s question, Paul’s position on when life becomes entitled to state protection is neither supported by nor contradicted by libertarian doctrine. If he thinks state legislatures can define marriage for individuals, however, Paul is far afield from basic libertarian tenets.

Does that mean I won’t vote for him?

No. I fully intend to vote for Rand Paul in the GOP primary. If he actually gets the nomination—and I hope he does—I may vote for him in the general as well. For one thing, I suspect that his true position on gay marriage is largely libertarian. Even if I am wrong about that, Rand Paul is still leagues more libertarian than any candidate the two major parties has run in my adult life.

I have never been lucky enough to be offered a candidate who both satisfies my politics and has a chance of winning. His imperfections notwithstanding, it would be nice if Rand Paul could change that.

Walter Scott Shooting Is Reminder of Why We Must Defend Our Right to Record

A police officer in North Charleston, South Carolina has been charged with murder in connection with the shooting death of an unarmed motorist named Walter Scott.

Patrolman Michael Slager initially claimed that following a traffic stop for a broken headlight, motorist Walter Scott tried to take Slager’s taser. The two struggled, Slager feared for his life, and shot Scott as the two fought over the taser.

Then an absolutely devastating video emerged. The video shows Slager shoot the unarmed Scott eight times in the back as Scott tries to fee. After the shooting, Slager handcuffs the dying man, leaves him lying facedown without medical attention, and retrieves an object to drop near the body.

After the video emerged, Slager, a five-year veteran with the force, was taken into custody, charged with murder and denied bond at his initial hearing. He was fired from his position with the force. The attorney who went on record with Slager’s story about the shooting occurring during a struggle over the taser is no longer representing him.

Query:

How do you think it would have played out without the video?

All over the country, our right to record is under constant assault from police who treat citizens recording them as law-breaking obstructionists. Walter Scott’s death is a stark and heartbreaking reminder of why we must vigorously defend the right to record.

Quote of the Day: Jason Pye on the Smarter Sentencing Act

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Jason Pye, former contributor to The Liberty Papers and current Director of Justice Reform at FreedomWorks posted an article yesterday for Rare Liberty about some promising political developments in the area of criminal justice reform. Perhaps one of the most promising of these developments at the federal level is a bill being considered is S.502 – The Smarter Sentencing Act.

Jason explains why he believes this reform is a step in the right direction:

With federal prison spending booming, an unlikely bipartisan alliance has emerged to bring many of these successful state-level reforms to the federal justice system. Sens. Mike Lee (R-Utah), Ted Cruz (R-Texas), and Rand Paul (R-Ky.) have joined with Dick Durbin (D-Ill.), Cory Booker (D-N.J.), and Sheldon Whitehouse (D-R.I.) to reform federal mandatory minimums – a one-size-fits-all, congressionally mandated approach to sentencing.

[…]

The Smarter Sentencing Act would expand the federal “safety valve” – an exception to federal mandatory minimum sentences for low-level nonviolent offenders with little or no criminal history – and cuts in half mandatory minimum sentences for nonviolent offenders. This more rational approach to sentencing will reduce costs on already overburdened taxpayers. The nonpartisan Congressional Budget Office estimated a net $3 billion cost-savings over a decade. The Justice Department believes the bill will save an eye-popping $24 billion over 20 years.

The benefits of the Smarter Sentencing Act may not end with the fiscal savings. It could also reverse the damage done by federal mandatory minimum sentences in certain communities, which, as Lee recently explained, “have paid a high cost for the stiff sentences that mandatory minimums require.”

Are “Safe Spaces” the New “Coloreds Only?”

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Earlier this month, two white students at Ryerson University in Canada were dismissed from a meeting of the Racialized Students’ Collective, a university group funded through the Ryerson Students’ Union. The university’s student newspaper, The Ryersonian, reported the RSU coordinator confirmed the students were excluded for being white. Last week Aeman Ansari, a fourth year journalism student at the school posted a blog entry on HuffPo Canada defending the decision.

Ansari ably and convincingly defends her belief that safe spaces are important. Ansari’s defense falls short for failing to explain why taxpayers, the university, and other students should fund them as exclusionary campus events.

Specifically, Ansari opines that:

[T]he point to note is not that two white students were asked to leave the event, but rather that this was a safe space …

…This group and these sort of events allow people of colour to lay bare their experiences and to collectively combat this societal ailment. These spaces are rare places in the world not controlled by individuals who have power, who have privilege.

…The presence of any kind of privilege puts unnecessary pressure on the people of colour to defend any anger or frustrations they have, to fear the outcome of sharing their stories. The attendees are trying to move forward by supporting each other and they should not have to defend themselves, they should not fear the consequences of raising their voices.

Let us get out of the way that I dislike people who cannot deal with opposition, who will only defend their opinions to friendly crowds, or who must banish dissent to feel validated.Drinking Fountain

I prefer feisty tanglers to special snowflakes.

It is neither here nor there. Special snowflakes are entitled to their preferences too, and everyone deserves an occasional session in the echo chamber. I agree with Ansari that safe spaces are important.

Where I disagree with Ansari is her implicit insistence that other students and Canadian taxpayers pay for them as exclusionary campus events. She never gets around to explaining or defending this aspect of her position.

The fact is “safe spaces” already exist.

They are called “private property.” Private homes, leased apartments, backyards, and private event venues can all be used to host exclusionary events. In addition, private conversations take place every day in bars, restaurants, coffee shops, conference rooms, sidewalks and parks.

That there are insufficient opportunities for people to have private conversations seems false on its face. If certain students want to get together to talk about their experiences only with a carefully selected crowd, there is no shortage of opportunities or “spaces” to do just that.

Waiting room 15-0325The issue is why they want to use student and taxpayer funds to do it on campus. Ansari never explains that.

Private, exclusionary discussions and events should be conducted privately. Forcing other people to pay for and host them is a new form of bullying—a new incarnation of an old segregation.

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