Me From the Past!

So I was just alerted to the online availability of a brief presentation I gave at FEE's Young Scholars Colloquium last year, and I figured it would be worth posting here. I should note that the presentation was basically a response to not having enough student presentations to fill the time and needing one of the interns to jump in to eat space, so I don't pretend that anything particularly groundbreaking was said.

But without further ado, here's the link. My talk starts at 12:30, and discusses pollution taxes. In it, I make the claim that there are pollution taxes, and I'm not actually sure that's true...can anyone think of an example? That aside, I think it's pretty decent presentation, and I hope you all enjoy it!

My climate change presentation from this year's seminar will hopefully be coming online relatively soon -- and with video! -- so look forward to that...

On Leviathan and Public Reason: A Reply to Chartier

So I've been having a discussion with Dr. Chartier over at the LiberaLaw blog about the role of the sovereign as a source of public reason in Hobbes' political philosophy, in response to an interesting post in which he discussed how a Hobbesian account might be consistent with market anarchism. Because I am a horribly verbose person, I wrote more in response to Dr. Chartier's last comments than the comments system would allow, and I am therefore posting my thoughts here. Hopefully this is of some interest to someone!

In order to understand this, it would probably be a good idea to read Dr. Chartier's post and the comments that have already been published on it, particularly this one (since this post is directly a response to that comment).

---
If I understand correctly, Hobbes sees the sovereign as existing to settle conflicts. In Dr. Chartier's post and comments, he's seemed to somewhat equated this to a notion of "preserving civil peace." And to an extent, this makes sense. With property disputes, for example, what the sovereign is being asked to do is to merely uphold some exogenous system of justice: the sovereign is just acting to make sure we maintain a peaceful environment, where we get our idea of "civil peace" from somewhere else.

But to Hobbes, this will treat too much as settled. He would likely want to say that we may disagree on what it is that even constitutes "civil peace." One person might have a desire to see all homosexuals put to death. Another person might have a desire to see his homosexual compatriots protected from this fate, and is willing to fight to defend them. Another person might want to see the bigoted guy put in the stockades for being such a jerk. Hobbes thinks that this kind of conflict is a serious problem. In the absence of any external norms and institutions to tell us who is right and who will get their way, and in the absence of any enforceable agreement between them, Hobbes thinks that the three people in our story will have no reasonable choice but to prepare for violence. So long as each relies on his private reason, they will be condemned to a state of war.

The liberal solution to this problem is the one which gives us the notion of "civil peace" that I imagine Dr. Chartier has in mind: this approach typically seeks to independently define some conception of right-of-way, so that we have a way of adjudicating disputes according to these independent norms. But Hobbes doesn't have this machinery in his system. He could say that there may be no standard of right-of-way that each of the three people in our story would accept if each relied on his private reason. The system of rights and duties that will appeal to the bigot will be seen as oppressive by the defender of the homosexuals, and vice versa. And even if they could strike an agreement, there's no guarantee that some new issue won't arise in the future to drive them apart. The only way for them to avoid the state of war, Hobbes thinks, would be to give some third party the authority to choose what constitutes the appropriate conception of "civil peace" that will underpin their society.

The problem with the limits Dr. Chartier seems to want to place on the sovereign, I think, is that it seems to be in conflict with Hobbes' desire that the sovereign have the authority to decide basically everything about how a society is going to function. If this authority is denied in areas where there could potentially be legitimate disagreements between people, then Hobbes is going to worry that conflicts will arise, where each side believes that his own private reasons are the right reasons. Hobbes wants to eliminate this possibility by giving the sovereign absolute authority to decide what's right and fair.

But all of this is drilling way further into Hobbes than I think Dr. Chartier was seeking to do. If all he wants to take from Hobbes is the idea that a government is necessary to adjudicate disputes, then none of these issues are going to be a big deal. In this case it seems to me that he's actually moving away from the substance of Hobbes' argument and actually moving closer to the sort of thing Locke was saying in chapter 9 of the Second Treatise. As Locke writes:

Thus mankind, notwithstanding all the privileges of the state of nature, being but in an ill condition, while they remain in it, are quickly driven into society. Hence it comes to pass, that we seldom find any number of men live any time together in this state. The inconveniencies that they are therein exposed to, by the irregular and uncertain exercise of the power every man has of punishing the transgressions of others, make them take sanctuary under the established laws of government, and therein seek the preservation of their property. It is this makes them so willingly give up every one his single power of punishing, to be exercised by such alone, as shall be appointed to it amongst them; and by such rules as the community, or those authorized by them to that purpose, shall agree on. And in this we have the original right and rise of both the legislative and executive power, as well as of the governments and societies themselves.

If Dr. Chartier is considering this sort of approach to thinking about government, then yes: I agree that it don't establish a whole lot about exactly what a government is supposed to do or how big it needs to be. As long as it addresses the "inconveniencies" of the state of nature, any system of government will seem to do, and insofar as a stateless, decentralized, or pluralistic system can address them, that would be fine too. But this shouldn't surprise us: this Lockean position is what underpins a great deal of the modern libertarian tradition, including Rothbard's market anarchism and Nozick's decentralized, pluralistic vision of Utopia. I should add, though, that it also shouldn't surprise us to find that we're led to conclusions very different from those that Hobbes professed.

Interesting Things to Watch

Howdy, y'all. I just figured I should direct your attention to two conversations that have caught my interest recently, and which may be interesting to some of you as well.

Over at the Austro-Athenian Empire blog, Dr. Long has posted a discussion of the proper definition of "socialism," entitled "POOTMOP Redux!" (after an older post, "Pootmop!," in which he discussed private ownership of the means of production -- p.o.o.t.m.o.p.). If you want some background on the post, read Kevin Carson's initial contribution to the discussion, "Socialism: A Perfectly Good Word Rehabilitated," and Stephen Kinsella's response, "The New Libertarianism: Anti-Capitalistic and Socialist." I should point out for the time-starved, however, that Dr. Long's post is probably just fine on its own.

I've posted a fair amount in the comments section of the post, and Neverfox of Instead of a Blog has jumped in as well. Of interest as well may be Dr. Chartier's thoughtful contribution on the LiberaLaw blog, "Socialism Revisited," as well as Brainpolice's commentary on the Polycentric Order blog, "Anarchist and Socialist Semantics and Historicity (Or, Why Does Stephan Kinsella Act As If Individualist Anarchism Never Existed? Redux)."

---
The other interesting conversation going on at the moment is a new chapter in the debate over state involvement in marriage, this time with a post on the ThinkMarkets blog by Dr. Rizzo, "What Should Be The State’s Role In Marriage?." The time scale for this discussion is a bit longer than that for the previous one. For me, it started with an overconfident post on this blog last year, now-amusingly entitled, "Open and Shut: Should Same-Sex Marriage Be Legal?" In it, I argued that the state should get out of marriage entirely in order to avoid a choice between discrimination and offending religious groups who I took to have some legitimate claim to the institution of "marriage." (That post, incidentally, marked the one and only time that this blog has ever been linked to on The Huffington Post. Go figure.)

A few months later, Dr. Koppl posted his own discussion of the issue over at the ThinkMarkets blog, "Ideas Have Consequences," in which he argued that gay marriage should be legalized. In the comments section of that post, we had what I found to be an incredibly productive conversation in which he convinced me that the religious groups in question really did not have the kind of claim to the institution of marriage that I had attributed to them, and that having a legal understanding of "marriage" was quite valuable. I accordingly posted a follow-up on this blog in which I conceded the argument to Dr. Koppl, entitled, "Roger Koppl Is Right About Gay Marriage."

Dr. Rizzo's point intriguingly takes up the banner for the sort of position I initially defended, arguing that the government ought to get out of defining marriage altogether. In the comments section, I tried to draw attention to the conversation that had already taken place on the blog earlier this year, and eventually Dr. Koppl himself arrived on the scene to defend his position again. Gene Callahan of Crash Landing, the (now willfully abandoned!) Morality Debate, chance meetings at AIER, etc., has also joined in the discussion. This should be good!

On Basic Structures and Starting Points

In A Theory of Justice, Rawls writes (7):

The basic structure is the primary subject of justice because its effects are so profound and present from the start. The intuitive notion here is that this structure contains various social positions and that men born into different social positions have different expectations of life determined, in part, by the political system as well as by economic and social circumstances. In this way the institutions of society favor certain starting places over others. These are especially deep inequalities. Not only are they pervasive, but they affect men’s initial chances in life; yet they cannot possibly be justified by an appeal to the notions of merit or desert. It is these inequalities, presumably inevitable in the basic structure of any society, to which the principles of social justice must in the first instance apply.

He elaborates (82):

The primary subject of justice, as I have emphasized, is the basic structure of society. The reason for this is that its effects are so profound and pervasive, and present from birth. This structure favors some starting points over others in the division of the benefits from social cooperation. It is these inequalities which the two principles are to regulate. Once these principles are satisfied, other inequalities are allowed to arise from men’s voluntary actions in accordance with the principle of free association. Thus the relevant social positions are, so to speak, the starting places properly generalized and aggregated.

In this post, I want to jot down some thoughts on why I find this a concerning aspect of Rawls’ approach. My concern arises from Rawls’ supposition that basic structures “contain” social positions, and thus the array of social positions in a society are the result of the choice of basic structures in that society. But the basic structure of society does not itself directly produce the distribution of starting places. In each instance where a person is born into a particular starting place, it is the consequence of some people having a child. It is somewhat difficult for me to imagine why we would think that the basic structure of a typical society could directly cause a baby to be born. Perhaps we could coherently say this if we lived in a mechanistic totalitarian society in which children were in an important sense a product of social planning, but this seems like an odd way to think about the way children are born in our society.

The extent to which the basic structure of our society impacts the array of starting places is the extent to which it has some influence on the range of opportunities that prospective parents are able to offer their children, in those cases where these people actually do choose to have children. Approaching things with this mindset, we can see that any society will “contain” an infinite number of potential starting points, and in certain relatively rare circumstances, a child will actually be born into a particular starting point. But these starting points will be the product not only of the principles governing the basic structure of society, but also (and undoubtedly more importantly) the incredible confluence of events that led up to the possibility of a particular child being born into a particular set of social circumstances, almost all of which are only tangentially related to the basic structure of society. And significantly, the way that we characterize a starting place will be significantly conditioned by the kind of parenting the individual in question will receive. I would at least be hesitant to think of the quality of one’s parents’ personal contributions to one’s childhood as being entirely the product of the basic structure of society (I would actually be a bit hesitant to make these claims about pretty much any of the social interactions that help to shape a child’s life, but for our purposes it will not be necessary to raise this challenge). If it’s true that the distribution of starting points is at least partly determined by the way that people choose to treat their children, then Rawls’ claim that the basic structure of society “contains various social positions” (where the relevant social positions are “starting places”) seems a little worrisome.

But Rawls might counter that even if the basic structure of society does not solely determine the array of starting points into which people will be born, it still has some impact on the range of opportunities that will be available to individuals whose parents decided to have them. And this, he could say, may be cause for some concern. Intuitively, this seems fair enough. I think it’s entirely reasonable, for example, to think that we may want to consider the idea that we have some duty (as individuals, social groups, communities, or whatever) to ensure that people have certain opportunities provided to them if we can help it (I don’t intend to engage this question here, but I certainly wouldn’t want to rule this out). Rawls might say that we ought to help poor families to provide education, food, or clothing for their children. He might say that we ought to help children from less fortunate backgrounds get into college or enter the workforce. Though these suggestions might be problematic for one reason or another, they don’t seem totally unreasonable on their face.

But this isn’t what Rawls wants to argue: he wants to suggest that by allowing a certain array of starting points to come into existence, the basic structure of society might itself be seen to be unjust, and would thus need to be replaced with another basic structure. This, I think, is where Rawls might be running into real trouble.

Here’s what I have in mind: Individuals who are born into particular starting points are the products of particular reproductive events. These events are the products of long histories of social changes and reproductive events which produced the circumstances in which these events occurred. Altering the basic structure of society would bring it about that a different set of reproductive events would occur, and so a different set of starting points would come about, but into these starting points would be born a totally different set of people. This is a problem because Rawls’ view is built on a scenario where the members of society are supposed to try to agree on the basic structure of society -- a mutually beneficial system of cooperation. But if we assume that living is not itself a bad thing (I have heard this disputed, but whatever), then it seems clear that the most beneficial choice of basic structures for any individual would be whatever structure brought that individual into existence. No one would really have any grounds to complain about their starting place because it would be a necessary precondition for them existing in the first place. Altering the array of starting points in society might be justified, but not on the basis that it would somehow benefit the people whose “undesirable” starting points would be eliminated. And if we’re not trying to benefit these people, then it’s sort of difficult to see how we’re still talking about a contractarian view that’s focused on starting points.

(To be honest, I’m sort of unsure about this conclusion. In this case, when I say that it’s difficult for me to see how this could be accommodated, I am not saying that rhetorically; I don’t know how it works. If anyone can explain to me how Rawls’ approach could accommodate the fact that no one will benefit from the choice of any basic structure besides the one that causes them to come into existence, that would be sweet.)

So hopefully, this post has served to establish two points on which I am confused: a) the basic structure of society doesn’t itself produce the distribution of starting places, and b) messing with the basic structure in order to alter the distribution of starting points in fundamental ways would bring about an entirely different population, which would most certainly not benefit the people whose starting points are being eliminated, and would therefore seem not be an appropriate goal of a contractarian view like Rawls’. As should be clear from the above, none of this should be taken to be “damning criticism” of Rawls; I am just hesitant about the way that Rawls is proceeding, and I think he might have made a big mistake. Even so, these do seem like the sorts of things that would need to be addressed.

Does the "Vintage Sedan" Commit Us In "The Envelope"?

In his book, Living High and Letting Die: Our Illusion of Innocence, Peter Unger seeks to show that by allowing people to suffer and die in the third world, we are failing in our moral duties. He offers an intriguing thought experiment, which has been called the case of the "Vintage Sedan":

Not truly rich, your one luxury in life is a vintage Mercedes sedan that, with much time, attention, and money, you've restored to mint condition... One day, you stop at the intersection of two small country roads, both lightly traveled. Hearing a voice screaming for help, you get out and see a man who's wounded and covered with a lot of his blood. Assuring you that his wound is confined to one of his legs, the man also informs you that he was a medical student for two full years. And, despite his expulsion for cheating on his second year final exams, which explains his indigent status since, he's knowledgeably tied his shirt near the wound as to stop the flow. So, there's no urgent danger of losing his life, you're informed, but there's great danger of losing his limb. This can be prevented, however, if you drive him to a rural hospital fifty miles away. "How did the wound occur?" you ask. An avid bird-watcher, he admits that he trespassed on a nearby field and, in carelessly leaving, cut himself on rusty barbed wire. Now, if you'd aid this trespasser, you must lay him across your fine back seat. But, then, your fine upholstery will be soaked through with blood, and restoring the car will cost over five thousand dollars. So, you drive away. Picked up the next day by another driver, he survives but loses the wounded leg.

Unger suggests that in such a scenario, it is natural for people to feel a strong commitment towards the idea that we would act monstrously by abandoning the hitchhiker. As many of the readers of this blog are libertarians who likely have stronger intuitions about the importance of self-determination than does Unger, it may be helpful to recast the illustration in order to make the danger to the hitchhiker more severe, or the cost to the owner of the vintage sedan less significant. The relevant point here is that most of us feel rather strongly that if the hitchhiker were in some real danger and if our actions could make the difference as to whether or not that danger were averted, we would have a moral duty to act to avert the danger even if doing so would require that we incur some costs ourselves.

Unger then offers an illustration that is referred to as "The Envelope":

In your mailbox, there's something from (the U.S. Committee for) UNICEF. After reading it through, you correctly believe that, unless you soon send in a check for $100, then, instead of each living many more years, over thirty more children will die soon.

Unger's intuition is that if we believe that we should help the hitchhiker in Vintage Sedan, then we should surely send the $100 in The Envelope, where the costs to us are so much smaller and where we would be averting so much more regrettable outcomes.

---
For a long time, I haven't known what to do with this argument. In another post, I agreed with the sort of intuition that Unger offers about Vintage Sedan, writing:

...the reason that we endorsed a broadly liberal approach to ethical reasoning in the first place was that we want to take proper account of the value of individuals. Wouldn't it seem odd if on one hand we were saying that individuals must be respected because their lives are important and valuable, and on the other hand we were saying that there's nothing wrong when people act as though others are irrelevant and worthless? I think so.

But I offered a vague defense against the sort of move Unger takes in extending the intuition produced in Vintage Sedan to The Envelope:

But in saying that, I don't mean to create the suggestion that we are "sacrificial animals" (to use the phrasing of the ever-abrasive Objectivists), required by morality to subordinate ourselves to others whenever they can coherently make the case that their needs and wants are "more important" than ours. An important part of what makes our lives valuable and worth respecting is that we can live them for ourselves. Another way to think of this is to say that even though we may have a peripheral or relatively unimportant interest in any particular activity we may be engaging in over the course of a normal day, we have an important or even basic interest in being able to plan and execute our lives according to our own plans, without having to think of ourselves as being at the beck and call of anyone who finds herself in a bind at any particular moment.

I continued that:

...because it's important to us that we be able to live our own lives, we have no duty to devote ourselves to empowering others. That's not to say that it is not virtuous to do so, or that we should not focus on the richness that helping others can bring to our lives. I only seek to suggest that if someone chooses to pursue his own dreams, living his life primarily for himself except where impelled by emergency to come to the aid of his fellow people, it wouldn't be fair for us to say that he has failed morally or behaved in an evil manner.

But to be honest, I haven't been totally satisfied with this argument. That is, I don't think it's wrong; I just feel like there's something missing. It seems to me that we don't have a duty to send the $100 in The Envelope, and it's not just because we don't have a duty to devote ourselves to solving world hunger. It seems to me that there's something importantly different between Vintage Sedan and The Envelope that could support a moral distinction between them.

---
For the longest time, though, I couldn't think of what the distinction might actually be; they just seemed totally different. Now, obviously there are differences between Vintage Sedan and The Envelope where Unger is going to get to laugh sinisterly if you retreat to them. These include appeals to the distance or anonymity of the people in The Envelope -- these are the sorts of things that don't seem like they can support the distinction we intuitively want to make. And it's going to be especially ugly if we try to go down the road that leads to, "Well the hitchhiker's suffering here is worse than that of the thirty people who will die for lack of basic necessities."

But now I'm toying with another sort of distinction, which I think may have at least some merit. In Vintage Sedan, it seems that the hitchhiker has found himself in an emergency situation. Something has happened to him that threatens the expectations that he very reasonably had about his future. If he is not taken to the hospital, he will need to make drastic adjustments in the way he thinks about his life and his future. In The Envelope, on the other hand, the people to be helped are "in trouble" simply as a result of the sort of lives they lead. To the extent that they are not in any particularly unusual circumstances given the sort of lives to which they are accustomed and acculturated, their fates will (at least as far as we know in the example) fall more or less within the range of the expectations that they could reasonably be expected to have. Surely we would want to acknowledge that these individuals find themselves in a rather regrettable lifestyle (given global standards), and that perhaps it would be nice if they had different and better opportunities available to them. But it seems to me that this is a very real and very significant difference between the people we are to help in The Envelope and the hitchhiker's situation in Vintage Sedan.

---
Now, Unger's point is that because we think that we should help the hitchhiker in Vintage Sedan, we are committed to sending the $100 in The Envelope. If, however, the difference I have outlined between Vintage Sedan and The Envelope really is significant, then Unger will be incorrect; our position in Vintage Sedan does not commit us to a particular stance on The Envelope. But it could still be true that this difference does not justify our failure to send the $100 in The Envelope -- it could be that Unger's conclusion is correct even if his argument is not.

So, then, what do we think about the idea that we have a moral duty to provide assistance to people who find themselves -- through no fault of their own -- in living situations which are (by current global standards) very dire? I'm not sure what I think. It seems to me that our obligation towards them is certainly not quite the same as the obligation we feel in Vintage Sedan, but saying much more would likely open me up to charges of begging the question -- that is, unless I were to here try to construct a theoretical defense of one conclusion or another, which isn't going to happen. I think this is an issue that requires a lot more thought, and that it would be premature of me to arrive at any definitive conclusion here. I guess I'll leave it at tentatively rejecting Unger's argument, then. I think I'm happy with that.

On the Two Functions of the Principles of Justice in A Theory of Justice

So the other day I finally started reading Rawls' A Theory of Justice. I'm going to spend a lot of time trying to feel this book out, since it's pretty darn important that I get it right. In this post I want to trace a single stream of Rawls' thought, connecting the choice of the appropriate conception of justice to the determination of how we should conceive of the original position.

I

Rawls thinks that in evaluating political institutions, we must first focus on the question of whether or not they are just. He writes (3):

Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust.

But whether or not we find that a set of institutions is just will turn on the conception of justice that we use to evaluate those institutions. He thinks that while people may hold different conceptions of justice, the concept of justice itself, where basic social institutions are concerned, is uncontroversial (5):

Those who hold different conceptions of justice can...still agree that institutions are just when no arbitrary distinctions are made between persons in the assigning of basic rights and duties and when the rules determine a proper balance between competing claims to the advantages of social life.

So ignoring for now the question of whether or not we agree that this really is the concept of justice we all share in thinking about social institutions, we can see that for Rawls, the concept of institutional justice makes two demands of a social system: (1) Basic rights and duties must be assigned in a manner free of arbitrary distinctions; and (2) The rules adjudicating competing claims to the advantages of social life must produce a "proper balance." Our individual conceptions of the justice of social systems, then, will similarly need to do two things: 1) They need to specify what distinctions are significant in assigning basic rights and duties; and 2) They need to define what counts as a "proper balance" between the competing claims to the advantages of social life. Rawls writes (5):

Men can agree to this description of just institutions since the notions of an arbitrary distinction and of a proper balance, which are included in the concept of justice, are left open for each to interpret according to the principles of justice he accepts. These principles single out which similarities and differences among persons are relevant in determining rights and duties and they specify which division of advantages is appropriate.

II

So, then, how are we to decide which particular conception of institutional justice is right? Here Rawls seeks to utilize an intellectual crutch to help us think about the decision. He proposes that we imagine ourselves as people at a hypothetical negotiating table at the beginning of a society who are trying to determine what principles should govern the choice of institutions in the society. We are to imagine that we are all destined to be born into whatever social system is put into place on the basis of our decision, but we are deprived of certain pieces of information about who we will become. Rawls writes (11):

Among the essential features of this situation is that no one knows his place in society, his class position or social status, nor does any one know his fortune in the distribution of natural assets and abilities, his intelligence, strength, and the like. I shall even assume that the parties do not know their conceptions of the good or their special psychological propensities. The principles of justice are chosen behind a veil of ignorance.

But why should we think that the results of this thought experiment will be relevant? Who cares what people in such a ridiculous set of circumstances would think? And won't the conception of justice that we choose in such a situation simply reflect the choice of what information we were allowed to consider?

Rawls is quick to clarify. He acknowledges that clearly, the features of the choice situation are no small matter; in fact, the design of the "original position" is a critical part of the choice of the appropriate principles of justice. He writes (14):

...justice as fairness [the name of Rawls' theory], like other contract views, consists of two parts: (1) an interpretation of the initial situation and of the problem of choice posed there, and (2) a set of principles which, it is argued, would be agreed to.

The design of the initial position, he contends, is meant to help us abstract away the things that we think are morally irrelevant in choosing an appropriate conception of justice. We don't know who we're going to be when we're in the original position, or what we're going to value, because those sorts of things aren't supposed to matter in thinking about justice. Rawls explains (16-17):

One should not be misled...by the somewhat unusual conditions which characterize the original position. The idea here is simply to make vivid to ourselves the restrictions that it seems reasonable to impose on arguments for principles of justice, and therefore on these principles themselves. Thus it seems reasonable and generally acceptable that no one should be advantaged or disadvantaged by natural fortune or social circumstances in the choice of principles. It also seems widely agreed that it should be impossible to tailor principles to the circumstances of one's own case. We should insure further that particular inclinations and aspirations, and persons' conceptions of their good do not affect the principles adopted.

So, then, the way we are supposed to think about the original position is to first deprive all the people at the table of the information that we think is irrelevant to making their choice. We are then supposed to ask what kind of decision they would make.

III

Now, Rawls insists that we add a further condition: the people at the table in the initial situation are completely self-interested. He writes (12):

One feature of justice as fairness is to think of the parties in the initial situation as rational and mutually disinterested. This does not mean that the parties are egoists, that is, individuals with only certain kinds if interests, say in wealth, prestige, and domination. But they are conceived as not taking an interest in one another's interests.

Now, it's not clear to me exactly what Rawls means by this. Two possibilities come to mind: 1) People in the initial situation should not care about the other people in the situation; their focus should be entirely on the people who will be born into the social system that will be produced by their decision, each of whom they have a chance of coming to be; and 2) People in the initial situation should focus only on the self-regarding interests of the people who will be born into the social system that will be produced by their decision.

It seems to me that (1) is reasonably plausible. The initial position is just a thought experiment, and so the interests of the imaginary people in the initial position are irrelevant. So if Rawls means (1), then that's fine. But if Rawls means (2), then I can only ask...well...why? It seems like Rawls is going to talk about it later (he notes section 25, entitled "The Rationality of the Parties"), so I'll hold off on passing final judgment. But it does seem rather curious that we would want to ignore any interest that people have in the fellow members of their societies in thinking about what kind of society they would want to live in. For the time being, I'm just going to assume he means (1) until I see any indication otherwise.

IV

Here's something puzzling to me:

As we saw, the initial position is supposed to help us choose a conception of justice by abstracting away all of the irrelevant things we might otherwise consider in trying to make the choice. And remember, the conception of justice that we choose is supposed to do two things: 1) Assign basic rights and duties; and 2) Define what distribution of social advantages is appropriate. Is it really going to be the case that the relevant considerations for choosing the principles for (1) are going to be the same as the relevant considerations for choosing the principles for (2)? Are they at least not necessarily the same?

Here's why I ask:

It seems to me that when we think about assigning basic rights and duties, we think that there are very few distinctions between people that are really relevant. And Rawls seems to capture this intuition in all of the considerations he abstracts out of the initial situation. We don't think that rights or duties should depend on personal identity, social circumstance, personal interests, or our own conceptions of the good. These things aren't supposed to matter. And for assigning basic rights and duties, it seems like we would want to rule that these things are irrelevant.

But in talking about how the advantages of social cooperation are distributed, it's not entirely clear that these same considerations are irrelevant. Imagine that Mark, Rita, and Beatrice are the only three people in their society, and they all live as subsistence farmers. They honor the boundaries of their respective plots, and the third party is always relied on to settle disputes. They are generally pretty happy with their peaceful coexistence. One day, Beatrice invents a new game and sets to work in her scant spare time producing the equipment to play it. She then insists that Mark and Rita pay her a small bit of what they produce if they want to play the game. They happily oblige, and inequality is born. In this illustration, it's clear that we have a situation where everyone is being made better off by their social arrangement; Mark and Rita gain because they get to play a game that they enjoy, and Beatrice gains because she gets to enjoy their company as well as the payment they provide.

But now imagine that we turn to the question of whether everyone is getting an appropriate share, and we use Rawls' tool. We think of Mark, Rita, and Beatrice all at the beginning of their society, trying to decide what rules to adopt for distributing the advantages of social cooperation. Is it really true that the personal identity of these three is irrelevant for thinking about who should get what? Should we expect Beatrice to agree that the appropriate way to settle the issue is to pretend that all three of them had an equal chance to be her, and that she could just as easily be the one paying? I at least don't think it's obvious that Beatrice should be willing to grant this.

And even if Beatrice should grant this, is it really for the same reasons that she ought to grant the irrelevance of personal identity in assigning basic rights and duties? It just seems to me that if the considerations that are relevant in choosing each set of principles are going to line up, it's going to be a coincidence. But maybe Rawls defends this way of doing things later; we'll have to see. Maybe I've already missed something! If anyone's actually reading this post, do you know why Rawls structures things this way?

V

Something else that has me confused:

How does the original position contribute anything to the process of assigning basic rights and duties? Rawls tells us that our conception of justice is supposed to "single out which similarities and differences among persons are relevant in determining rights and duties" (5). And in designing the thought experiment that is supposed to help us decide how to do this, we are supposed to abstract away "those aspects of the social world that seem arbitrary from a moral point of view" (14). It seems to me that if we can design the original position, then we must already know "which similarities and differences among persons are relevant in determining rights and duties." So what are we gaining through the thought experiment?

VI

My notebook is riddled with nitpicks, reservations, and qualms about this whole thing, and I'm sure I could go on all night -- I'm equally sure most of my objections would be dumb. So I think that for now, I'm happy to leave it at this. I've at least gotten a post up about the book, which has actually been more difficult than you might imagine (this is the fourth try, if my memory serves me correctly). Believe me, there will be more.

Paul Krugman is Right About Something

I think we sometimes get so caught up in our disagreements with people that we forget that they can sometimes have really valuable opinions. Paul Krugman is one person for whom that's sometimes true with me. I know that Krugman is an intelligent person, but sometimes it can be so difficult for me to get past my fundamental disagreements with him that I approach everything he says with the prejudice that he's going to be egregiously and unacceptably wrong. And that's not fair.

Yesterday, Krugman wrote a really good column. It had (almost) nothing to do with economics or the bailout -- it was about the need to hold the Bush administration accountable for the injustices that occurred under their leadership. Krugman said:

...there are indeed immense challenges out there: an economic crisis, a health care crisis, an environmental crisis. Isn’t revisiting the abuses of the last eight years, no matter how bad they were, a luxury we can’t afford?

No, it isn’t, because America is more than a collection of policies. We are, or at least we used to be, a nation of moral ideals. In the past, our government has sometimes done an imperfect job of upholding those ideals. But never before have our leaders so utterly betrayed everything our nation stands for. "This government does not torture people," declared former President Bush, but it did, and all the world knows it.

And the only way we can regain our moral compass, not just for the sake of our position in the world, but for the sake of our own national conscience, is to investigate how that happened, and, if necessary, to prosecute those responsible.

I agree. I agree completely and wholeheartedly. So for a moment, I just want to enjoy this moment of giving credit where credit is due.

Paul Krugman is absolutely right.

Might Our Moral Views Underdetermine the Demands of Justice?

Update: It appears that I've misrepresented Dr. Long's position in this post. With due apologies, please see the comments section for his clarification.

I

Congratulations are due to Jerry Gaus, my professor-to-be at Arizona, for winning the Gregory Kavka Prize in Political Philosophy for his essay, "On Justifying the Rights of the Moderns: a Case of Old Wine in New Bottles." In my perpetual state of playing catch-up, I'm only now reading the essay. And so far, I'm enjoying it a lot.

In this post, I wanted to hammer out some thoughts on a point that Dr. Gaus raises about reasonable pluralism about morality and justice. This point particularly caught my attention because of a conversation that I had with Roderick Long last summer about this exact subject, where Dr. Long expressed reservations about the idea that people could reasonably disagree about the demands of justice. If I recall correctly, he fully acknowledged that individuals disagree about what constitutes a good life or what values are worthy of pursuing, and that there is often no impartial way to proclaim one person's views to be "correct" or "better" than others' conflicting views. But I recall Dr. Long being skeptical of the idea that this sort of reasonable pluralism in views could extend to the realm of morality. He contended that where it can be perfectly reasonable to disagree about what constitutes "the good life," it is not reasonable to disagree about how others ought to be treated.

II

So it was with this backdrop that I wanted to discuss Dr. Gaus' arguments in "On Justifying the Rights of the Moderns." On page 94 of his essay, Gaus puts aside the idea that we can reasonably disagree on the kinds of normative considerations that are important in justifying moral claims, in order to focus on problems that arise when agree about these things. He points out, on pages 94-95, that even if we agree on what is morally relevant, we may still disagree on the relative importance of these different considerations.

If I understand him correctly, we might illustrate Gaus' point with the example I used in my essay on the rich victim problem. In that essay, I set up a scenario in which a poor guy, Jerry, needed to make a phone call in order to secure a life-changing job, but his own phone had been disabled by a fallen branch. The only way for him to get the job would be to break into his neighbor Lucy's house by smashing one of the windows in order to use her phone. But in the example, Lucy was incredibly wealthy, and while her windows were not of enormous importance to her, they were so expensive that Jerry would never be able to afford to replace them, even with his new job. The question I raised was whether Jerry would be justified in breaking in.

And in the paper, I argued that he would be. Jerry's need for the job, I took it, was of moral importance, as was Lucy's legitimate claim to her property. But I suggested that because it was critically important to Jerry to break the window, and because it would harm Lucy very little if he did so, that it would be morally permissible for Jerry to break in. But since writing that, I've spoken to a lot of people who disagree. Jerry ought not to break into Lucy's house, according to these people, even in his situation. Maybe, some of them concede, he would be justified in doing so to save his life or preserve some basic functioning, but in my story Jerry would have been fine if he hadn't been able to get the job, and so he had insufficient justification to break in.

I'll immediately point out that my argument in that paper is nowhere near as developed as it would need to be for me to go to battle on this point. I don't, for example, talk about what sort of compensation Jerry would owe (if any) even if he couldn't pay the full compensation. And that seems pretty important. But for our purposes, it'll only be important to note that in my paper, I posited a sort of "priority principle" about how moral claims should relate to each other, and other people disagreed with that priority principle even though they agreed on a basic level with my attribution of moral importance of both Jerry's need and Lucy's property claims.

This raises the possibility, which I interpret Dr. Gaus to be discussing in his paper, that perhaps even if we agree on what kinds of things have normative significance, there can still be reasonable pluralism about morality if we can reasonably disagree on priority principles.

III

But it seems like one would immediately want to say, "Well yes, there are disagreements about priority principles. But no one is denying it. No one is saying that there is no pluralism about morality; the issue would be whether or not that pluralism is reasonable. Someone like Dr. Long (if he wanted to maintain the position that you've attributed to him) would want to say that when people genuinely disagree about priority principles, it's because at least one of them is wrong." Accordingly, I'll need to provide some reason for thinking that pluralism about priority principles can be reasonable in order to settle this issue.

And here it is: I take it that the objects of our moral concern are seen as being valuable in themselves (otherwise, they would not directly be the objects of our moral concern; they would be means towards something else or "proxies" for the true objects of our moral concern). And yet, I take it that there is no objective or impartial way to determine just how valuable an end-in-itself is that would allow us to objectively or impartially compare its moral significance with other ends-in-themselves with any manner of precision (I don't claim that we can never make impartial inter-value comparisons, but only that there will almost necessarily be hazy areas -- the existence of reasonable pluralism does not entail that all pluralism is reasonable). If this is all true, then at least some reasonable pluralism about priority principles seems inevitable.

Redistribution and Organizations

[Update: I rewrote the piece so that it would actually be readable by financial people, and have replaced the earlier version of this post with the even more overly-simplistic (and not even necessarily historically accurate) version that appears below.]

Today my boss came in to work with a smile on his face, telling me he had a project for me. This is the result of that project. It draws a lot on this previous post, and admittedly oversimplifies some of the issues at hand. I didn't mean it to be a thorough examination of the issue, but I figure it might be somewhat interesting to some of you folks. So here it is:

---------------------------

Introduction

[My boss] asks, “Is it consistent to think that wealth should be redistributed from rich individuals to poor individuals, but not from rich organizations to poor organizations?” To answer this question, I will explore the reasons that one might advocate redistribution from wealthy individuals to poor individuals, and then ask whether those reasons apply to organizations as well. In doing so, I will not address important objections to wealth redistribution policies, and so this discussion should not be seen as a defense of implementing them. The goal here will only be to establish whether someone who accepts the legitimacy of redistributions from wealthy individuals to poor individuals would be committed to being in favor of those arrangements between organizations as well.

Why Do We Care About the Distribution of Wealth?

Typically, redistribution of wealth is justified on the basis of empowering the poor. This seems simple enough. But if we are to try to apply this thinking to other areas, it will be important to understand how the argument for redistribution is supposed to work, and what moral problem the redistributive policy is supposed to fix. I will therefore offer a brief overview of where the argument for redistribution comes from, and how it responds to some of the ideas that have underpinned our society from its birth.

Our society is built on the foundations of classical liberal philosophy, which is itself built on the idea that we should treat freedom as a value in itself. It is second nature to think of the ideal America as a “free country” dedicated to “life, liberty, and the pursuit of happiness.” These are values that are taken directly from the classical liberal movement, and which still form the backbone of our worldview today. But why should we (and why did the classical liberals) care about freedom? Today’s political discourse has turned liberty into a buzzword, and has masked the connection between exaltation of liberty and the ideas that motivate redistributive policies. So in order to understand why redistribution is not just a matter of expedience or charity to its intellectual defenders, but is rather a matter of principle in their eyes, I will start out by setting the record straight on this issue.

Adam Smith, David Hume, Adam Ferguson and the other liberal thinkers of their time observed that human societies are elaborate and dynamic systems, and that no individual (or group of individuals) could effectively design and operate a complex society according to a rational plan. The problem of society was, according to these thinkers, too complex for any mind to solve. Accordingly, the liberals postulated that successful societies would need to rely on mechanisms like the market system to produce “spontaneous” order – that is, to allow individuals to live together peacefully and productively without a comprehensive plan of action. A spontaneous system of producing social order would allow societies to function without all-knowing, benevolent rulers who would produce order and prosperity in accordance with their divine insights. And this was particularly important to the liberal thinkers, as it was painfully apparent to them that such rulers were generally not forthcoming, and attempts to produce a rational order in their absence were universal failures. The market system, then, could substitute for the benevolent and all-knowing ruler, producing prosperity and order as if by an invisible hand.

But the classical liberal defense of freedom extended beyond the simple idea that freedom tends to produce desirable social systems. The liberals argued not only that freedom promotes prosperity, but also that freedom is an essential component of human well-being. People, according to the liberals, can only realize themselves as individuals in an environment in which they are free to design their own lives, make their own choices, and live according to their own plans. And we still generally believe this today, which is why we care to live not only in a wealthy country or an advanced country, but also in a free country.

It was through the desire for mechanisms for spontaneous ordering and the belief in the importance of self-determination that the classical liberals came to be advocates for institutions of private property. By securing our possessions, property rights enable us to plan our separate lives without having to fear the arbitrary authority and incursions of other citizens or government agents. The classical liberals recognized that our lives are built in the outside world, and not just within ourselves, and that we therefore need security in our property in order to live full, meaningful lives. Property rights also set rules that allow us to interact in peaceful and productive ways without the need for social planning and all-knowing, benevolent rulers.

But a number of different groups of thinkers saw a flaw in the classical liberal argument defending individuals’ rights to their property. If property rights are a core element of liberty, and individuals need liberty in order to live good lives, then what about the people who do not have any property? Critics of the classical liberal position pointed out that the property-less, talent-less individual may have liberty in the sense of being free from the incursions of others, but she sure didn’t have much leeway to live her life according to her own desires or to be the master of her own fate. The impoverished man faces a choice between submitting to labor for someone else on one hand, or death by starvation or exposure on the other. Only in a technical, abstract sense could someone in such a situation be called “free.” And this, the critics held, was unfair.

The argument for redistribution, then, is that by redistributing wealth to those without access to it, we ensure liberty for all members of society, and not just those who can empower themselves through luck, talent, or the generosity of their benefactors. Such a policy, it is held, takes full consideration of everyone’s interests and needs in order to foster the conditions under which all individuals can pursue their own happiness, free (to some extent) from the concerns which might lead us to object to the circumstances faced by the property-less proletarian.

Empowerment and Organizations

When [my boss] asks about the potential for extending this line of thinking to organizations, it should be more or less clear at this point what he has in mind. Like individuals, organizations can have or lack the resources necessary to pursue their own goals. As is the case with individuals, a wealthy organization has more than enough resources available to it to meet its basic needs, and accordingly has more of a say in its fate than an organization which struggles simply to remain in operation. As we have seen, it is out of a desire to provide for the effective freedom of all individuals that the advocates of redistribution seek to transfer resources to those who lack property of their own. But does arguing this way commit them to the position that “needy” organizations should also be empowered in order to promote their abilities to plan their own “lives”?

In order to answer this question, it will help to ask why it is that liberty is morally important in the first place. The classical liberals thought that freedom was valuable because it could produce spontaneous social order and because it was a component of human wellbeing. But why should we attribute moral significance to order and wellbeing?

According to one very simplistic view, moral concern is built on the idea of promoting the interests of entities that have “goods of their own.” Each of us clearly has a good of his own, and our interests are promoted by living in orderly, peaceful, and prosperous societies in which we can pursue our own happiness. And similarly, our interests are promoted by having access to resources that enable us to make freer choices. But organizations can have “goods of their own” too. A University does well when it is able to sustain a thriving academic community, play an important role in its community, and operate with a strong budget. A corporation does well when it is able to generate income for its stakeholders, or when it successfully expands its operations into a new market. And in order for organizations to pursue their interests, they need access to resources just like individuals do. So if it is for the good of individuals that we enact empowering redistributive policies, then it seems like a similar line of thinking could lead us to advocate empowering organizations.

But one might object that moral concern should not attach simply to anything with a good of its own. We might notice that where we actually experience our own goods, organizations (that is, conceived of separately from the people who make up the organizations) do not. Whether or not a person’s interests are promoted actually makes a difference to that person. But except in a metaphorical sense, an organization is not the sort of thing to which something can make a difference. And this seems like a very important distinction.

To be sure, the individuals who compose the organization and who are impacted by its success have an active interest in its wellbeing. However, it is critical to notice that the interests of the individuals who make up an organization are not the same as the interests of the organization itself. If we are going to empower an organization because of the organization’s interests, then we need to separate the organization’s interests from the interests of the individuals from the organization. And if we deny that an organization’s separate interests can be morally significant because organizations cannot experience their own goods, then it appears that we would want to reject the analogy between the moral significance of an individual’s need for empowerment and an organization’s need for the same.

One might still want to argue that empowerment of poor organizations should be justified not on the basis of the organization’s own need for liberty, but rather on some need possessed by the individuals constituting the organization or by those with a stake in the organization’s performance. That is, by empowering organizations, we can indirectly empower individuals. And because we care about individual empowerment, we might be able to achieve our goals through the empowerment of organizations. But notice that this would not be an extension of the ethical argument in favor of empowering individuals to cover organizations. Rather, it would simply be an alternative way to carry out the redistribution called for by the original argument.

Ultimately, I am not convinced that we can coherently extend the moral concern which motivates redistribution to empower individuals to cover needy organizations. This can perhaps be supported best by comparing the way that we think about the death of an organization for lack of resources to the way that we would think of an individual’s death due to the same causes. When organizations fail or struggle, it seems like our proper concern should be focused on the individuals whose lives are worsened or constrained by those processes, and not on the organizations themselves which fail to live up to some constructed conception of their good. Accordingly, where redistribution is to be justified in order to empower those in need, I think it should be individuals to whom resources are allocated, and not organizations.

A Tentative Plan for an Overly Ambitious Climate Change Project

Anyone who's been following my work will know that a main focus of my research is global climate change, viewed from an ethical and political perspective. In this post, I want to sketch out where I'd like to go with that research and how I'd like to compose a complete product. These will only be sketches, and only working sketches at that; I imagine things will change rather dramatically as I move forward. But hopefully they'll help me to organize my thoughts. And if anyone out there is interested in helping me work on some of this stuff, I'd really love to know. It would be amazing to be able to finish this project for a dissertation, but I don't know if that will be possible if I have to do this all alone... Anyway, here it is (as usual, the mainstream scientific standpoint is taken as a premise for the first parts):

1. Collective Action Problems and Coercion

Climate change is a problem that, on its surface, seems to fit right into the model of a public goods problem. People acting on their own independent interests are collectively producing something that appears to be bad. If we were to desire to prevent this bad thing from coming about, we would either need to alter the set of incentives facing the relevant agents (in this case, basically everyone) so that they would adjust their behavior, or perhaps we would need to take steps to mitigate the effects of their actions.

When we talk about an appropriate response to climate change, however, we don't have in mind a sort of Buchananite consensus-building endeavor in which we try to get everyone to agree to a system that would uncontroversially represent an improvement over the current one. Rather, we intend to coerce people -- that is, to influence them to follow plans besides their own by force if necessary -- in order to bring about the desired outcomes.

But we can't just go around coercing people whenever we think we could bring about "better" social outcomes by doing so -- we need some justification for infringing upon individuals' rights to self-determination. Accordingly, this section would attempt to sketch the kinds of reasons that one might offer in defense of an infringement of someone's right to self-determination, all focusing on duties held by the individual whose rights are being infringed.

I will discuss self-defense briefly, acknowledging Roderick Long's contributions in thinking about dealing with climate change from this paradigm, but ultimately conclude that it doesn't make much sense to approach the issue of climate change in this way. I will therefore sketch out two alternative sources of duties which might help us to justify coercion: the duty to show appropriate respect for others' rights and the duty to attempt to mitigate tragic or catastrophic consequences. The next two sections will be elaborations of these issues.

2. Climate Change as an Infringement Upon Rights

This section will draw heavily on my paper, "Justice and Climate Change: Towards a Libertarian Analysis," which will be coming out in The Independent Review in the Fall. It will outline the foundations of a duty to respect others' rights, and explore the ways in which we might think of climate change as infringing upon rights. I will build upon my earlier paper to address some of the issues that were left undiscussed there.

One way in which I will go beyond that paper in this section will be to discuss the question of whether these infringements upon rights would constitute rights-violations. I will predicate this discussion on the premise (which I will challenge in Section 4) that individuals who contribute to global climate change are responsible for the rights-infringements, and search for ways that those individuals might try to defend their actions. The purpose of this discussion will not be to reach any definitive conclusions, but rather to give us a starting point for thinking about these questions in Section 4 when we try to pin down exactly what individuals are responsible for, and how we should think of their duties in light of such an analysis.

3. When Are Consequences Correlative?

This section draws its inspiration from the concept of correlations between duties and rights, observing that some intuitively plausible kinds of duties don't seem to correlate with rights. Some of these duties which are non-correlative with rights seem to make reference to things that we owe to ourselves or to ideals to which we are committed. But others seem to have to do with our duty to promote "the good," or at least refrain from promoting "the bad" or destroying "the good."

In this section, I will attempt to approach the impacts of climate change from this sort of consequentialist perspective, trying to decide when consequences correlate with duties to act in certain ways. I will initially focus on impacts on groups of humans and on cultures, but I will attempt to expand my discussion to incorporate a consequentialist theory of environmental ethics. Much like in the previous section, my discussion in this section will be structured so as to rely on a set of carefully chosen suppositions about individuals' responsibility for bringing about these consequences that will be challenged in Section 4, but not in a way that makes the discussion here useless. Again, the purpose of the discussion here will be to create a starting point for the analysis in Section 4.

4. Collective Responsibility and Individual Duties

This section will bring into focus the emergent nature of the climate change problem, and attempt to engage the literature on collective responsibility in order to understand how we should approach this problem. I will focus particularly on Virginia Held's discussion of the responsibility of "random collections" to organize themselves to address faults corresponding to non-distributive predicates like "caused global climate change." I will draw attention to Held's reservations about the choice of a proper decision-making procedure and search for a resolution to this problem in the literature relating to the selection among sets of alternatives that are impartially reasonable to prefer to inaction.

I will also use this section to directly engage the idea of the social provision of public goods, wondering whether we can think of the ideas presented in this section as justifying or demanding this practice, or if we should rather treat the discussion here as suggesting serious limitations on the extent to which we should be looking to social decision-making mechanisms to fulfill this capacity. I will attempt to show that in certain situations, the line of thinking introduced here can be used to support social measures aimed at providing public goods without relying on perfectionist ideas. But I will also show how these arguments do not establish the sort of paradigm that perfectionists would want, and that my view cannot therefore be seen as a reconciliation between liberalism and perfectionism.

5. Justifying the Enforcement of Duties

In this section I will discuss the jump from the idea that individuals have certain duties (as discussed in the previous sections) to the idea that we could be justified in coercing these individuals to act in the manner prescribed by their duty. I will need to explore the sorts of considerations which justify the enforcement of duties and use them to try to distinguish cases where intervention is justified from those where it is not. Here I will flesh out the questions introduced in Section 4 relating to reasonable pluralism and impartiality, expanding my discussion to cover all duties. I will also explore a dialectical approach to thinking about the justice of coercive enforcement of duties. This section will set the stage for Section 6 and Section 7 by arguing that certain kinds of answers to the questions posed in those questions would make coercion unacceptable.

6. Centralized Policy-Making in a World of Reasonable Pluralism

This section will explore the foundations of political authority outside of voluntary associations. I'm really not sure how I want to approach this section, but a coherent place to start seems to be with the philosophy of Joseph Raz. I'm very much over my head in even trying to imagine what sorts of things I'll want to discuss in this section, but it does seem like I'll have to address this issue. I guess this is what grad school will be for! Hopefully by the time it's ready to actually start writing this, I'll have done a whole bunch of work on the issues raised by this section and will have something worthwhile to say.

7. Finding an Appropriate Role for Uncertainty

Everything that will have been said to this point in the project will have been predicated on the idea that global climate change is undeniably happening in the way forecasted by the IPCC. This section will question this premise and introduce some of the uncertainties involved in the mainstream scientific analysis. It will also introduce the concept of storyline uncertainty and discuss the degree to which we can be comfortable with our predictions about the future.

I will then try to think about how uncertainty should play into our thinking about this issue. I will discuss the precautionary principle and the principles of procedural justice which are enshrined in our current legal system, as well as concerns about the burden placed on victims by standards of proof. I'm not entirely sure where I'll want to go with this, but I think I'm attracted to the idea of some kind of middle ground. I'm not sure, though, so don't hold me to it!

8. Pulling It All Together

In this final section I will attempt to put together all of the pieces discussed in the previous sections in order to compose a coherent answer to the question of how we should think about the justification for a coercive and centralized policy aimed at addressing global climate change. I will highlight areas where I think that reasonable people might find room for disagreement, and where I think my discussion here could be expanded or improved. I will also voice any doubts I have about my conclusions and attempt to identify some avenues for rejecting them. Finally, to the extent that I can do so coherently, I will offer some closing thoughts about the ways that my arguments might be engaged by the policymaking community and the general public.

Walter Block on Sexism: Straddling the Line Between Thin Libertarianism and Vulgar Libertarianism

Introduction

Dmitry Chernikov left a comment on an earlier post directing my attention to an essay by Dr. Walter Block which basically just railed on several thinkers with whom I identify for various reasons. The essay appears to be a work in progress, as Dr. Block's typically clear and thorough writing style is conspicuously absent, but as the main points seem to be there, I think it would be fair to critique them. The essay covers a wide array of topics and it would not do to address them all here. I will focus here, therefore, on Dr. Block's response to Dr. Roderick Long on the issue of feminism.

In piece cited in the essay, Long's main point is built on the idea that treating women differently than men simply because they're women fails to give them their due, and that where we can see sexism embodied in wage structures, we should decry it. He engages an objection to this view which he attributes to Austrian economists and particularly Block himself, which is that the free market naturally ensures that women are not mistreated, since their wages would naturally be brought into line with their marginal productivity by the workings of the market process.

Long argues that in spite of the equilibrating tendency of the marketplace to bring wages into line with workers' marginal productivity, we cannot say with any degree of certainty that prevailing wages at any particular time will actually satisfy that equilibrium condition (e.g., because of imperfect knowledge, lack of entrepreneurial actions, etc.). Accordingly, even if employers were solely dedicated to maximizing monetary profit, there would be no guarantee that wages would equal workers' marginal productivity.

He then argues that on top of this, there are many reasons to believe that employers are not perfectly rational monetary-profit-maximizers, acting on influences like prejudices, presumptions, etc. So even if the market were providing an incentive through the profit motive to bring workers' wages into line with their marginal productivity, other factors could be providing a skewing counterweight that would make markets tend towards unfair wages for women.

So essentially, Long is saying that it simply isn't true that the free market naturally ensures that women are paid their fair wages, and that in fact we have good reason to believe that women are not being paid fairly. Therefore, he concludes that one can't create problems for the claim that there are sexist wage structures, and that they should be condemned, by arguing that the market naturally eliminates sexist wage structures.

Block offers no less than nine objections to this argument, which I perceive to take three basic forms: 1) Long's economic arguments are incoherent and there is evidence that he happens to be wrong; 2) The wage structures to which Dr. Long objects are not coercive, and therefore are not unjust and have nothing to do with libertarianism; and 3) There is no reason to object to people paying women differently than men, or to cultural institutions that demean women. I will discuss each of these objections in turn.

I. Are the economic issues discussed by Long dealt with improperly?

Block's first question is:

But why would there be a bias in the market such that entrepreneurship necessarily results in lower female wages in disequilibrium? Why not wages higher than MRP when the market is not in its equilibrium or evenly rotating state? Long, let alone not furnishing us with an answer to this absolutely crucial implicit claim of his, does not even seem to recognize that there is a need to do so.

In passing, I should note that budding young philosophers out there should be aware of what's about to happen here. Block has engaged in some very clear PhilosophyFTW!! If he is wrong -- and I think he is -- then this will be embarrassing for him, whereas if he had been nice about his objection, it would be totally okay for him to be mistaken. So here's the tip: If you're going to argue that someone made a very obvious mistake, don't be a jerk about it.

And here's Long furnishing us with just such an answer, quoted from Block's own paper:

Even if women are not generally less productive than men...there might still be a widespread presumption on the part of employers that they are, and in light of the difficulty of determining the productivity of specific individuals, this presumption would not be easily falisified, thus making any wage gap based on such a presumption more difficult for market forces to whittle away.

And:

But there is no reason to rule out the possibility of deliberate, profit-disregarding discrimination either. Discrimination can be a consumption good for managers, and this good can be treated as part of the manager's salary-and-benefits package; any costs to the company arising from the manager's discriminatory practices can thus be viewed as sheer payroll costs. Maybe some managers order fancy wood paneling for their offices, and other managers pay women less for reasons of sexist; if the former sort of behaviour can survive the market test, why not the latter?

Now, Block disagrees with the attribution of the wage gap to these phenomena, but that doesn't mean that Long does too. Clearly, Long believes that the answer to the question of why the wage gap favors men (even when productivity differences are taken into account) lies in some combination of unfortunate social stereotypes and sexism. Not only does Long apparently recognize that one would need to explain this, but he basically devotes 2 paragraphs of a 9 paragraph argument to doing so. So I don't think that Block's criticism is on the mark here.

Block's next piece of evidence that Long's economic reasoning is bad is to point out that lesbians apparently make more money than straight women. The article Block cites is no longer at the linked location, but I would have to wonder...aren't there a lot fewer lesbian housewives and stay at home moms? And is it impossible that lesbians -- who have often had difficult, character-building upbringings -- are typically more productive than straight women? I'm not saying that this isn't evidence against Long's point, but it seems like more needs to be said.

Block moves on to suggest that Long is on a slippery slope that will commit him to suggesting that minimum wage laws are not all bad. But Long specifically said that he didn't necessarily support government intervention, and concluded his argument with the claim that the wage gap is:

...no reason to gripe about 'market failure.' Such failure is merely our failure. Instead, we need to fight the power - peacefully, but not quietly.

So Block seems to miss the mark here as well.

Block's next point is that Long's argument sounds like the "cluster of error" of Austrian Business Cycle theory, and:

...as we know from our study of business cycles, any such conglomeration of error cannot long endure without continued statist interference with markets. It would be dissipated by the market's profits and loss weeding out process.

Now, anyone who's been paying attention will realize that Block has objected to Long's critique of a particular argument by simply reiterating that argument. Accordingly, the best response would be to simply reiterate Long's critique: A) The market's "profits and loss weeding out process" is a process and can be hampered by a number of factors which appear to be at work in this instance (e.g., entrenched prejudice, a lack of clear information about the marginal productivity of individual workers); and B) There are other examples of unprofitable business strategies that have survived the market test (e.g., fancy wood paneling in managers' offices), and the market is not a perfect mechanism for weeding these strategies out. I would beg the question if I suggested that this rebuttal wins the point for Long, but it is at least clear that Long has a response which this particular objection does not preempt. So again, Block somewhat misses the mark.

Block's final objection to Long's economic arguments is that he simply doesn't believe that sexism operates in the way that Long suggests: he thinks that sexism may actually benefit women where it does occur. He suggests that:

...when it comes to pay, my own informal assessment is that it works mainly in the direction not of increasing the pay gap between men and women. Rather, it is all in the direction of paying attractive women a beauty premium.

He goes on to suggest that:

...if they [men's tastes] are in opposition to anyone, it is to other males who are seen as competition.

Now I don't have the empirical evidence to go to battle on this point. So it will have to suffice to say that it seems very unlikely to me that the underlying productivity difference between women and men is being underrepresented by the existing wage gap because hot women are being paid more than their labor is worth. I mean think about it: Long is saying, "Women make 75% as much as men for the same work," and Block is saying, "And lucky them! They'd be making even less if they weren't so damned cute!" Ummm...somehow that seems...just...no. I could be wrong to think that negative sexism plays a more significant role than positive sexism, but...well...I just don't think I am.

For one thing, many beautiful women will tell you that it can be difficult to be taken seriously for top positions as an attractive woman because many managers believe that beautiful women have only gotten to where they are on the basis of their looks. Beauty premiums, then, may well be counterbalanced somewhat by beauty handicaps. And even if beauty premiums really did outweigh the lower wages generated by demeaning sexism, that wouldn't mean that we should call the whole thing a wash. Surely Long would object to sexism in the workplace even if it didn't show up in aggregate wage statistics.

II. Is sexism an issue on which libertarians should opine?

This brings us to the next kind of objection that Block raises to Long's argument, which is that sexism embodied in wage structures and social conventions is not coercive, and therefore is not an appropriate domain for libertarian inquiry. Block writes:

Of course, there are other problems [besides coercive violence] that libertarians are involved in combatting: bad breath, the heartbreak of psoriasis, losing chess games, cancer, the list goes on and on. But here, libertarians who do so are not acting qua libertarians. This is a distinction that is crucial for a clear understanding of this philosophy.

This objection is an instantiation of Dr. Block's longstanding argument against so-called "thick" libertarianism, a view which holds that libertarians ought to be concerned not only with matters involving coercive violence, but also a wide range of other issues which are in one way or another connected with their views on coercion. Block's argument is that these other issues are certainly important and worthy of discussion, but they have nothing to do with libertarianism, per se. Libertarianism, according to Block, is a philosophical view which is directly concerned with opposing coercive violence, and that's pretty much it.

Now, at first glance, this would seem to be an argument about semantics. If it's really such a big deal for libertarians to talk about other issues "while wearing their libertarian hats," then for the sake of discussion, Dr. Long could just say, "Fine. I'm not talking about sexism as a libertarian. I'm talking about it as a feminist who happens to be a libertarian as well." But more substantively it seems like we should ask why Dr. Block is objecting to the use of the term "libertarianism" in talking about things like sexism, and try to decide whether there's really a deep difference between, say, being a libertarian and being a feminist.

What Dr. Block seems to have in mind is that libertarianism is, at its core, built around the concept of "justice," where justice is defined as turning on the legitimacy of initiation of coercive force. This seems to me like a naked move to entrench the non-aggression principle in a piece of terminology by warping the normal meaning of justice to conveniently allow for a clean distinction between coercive and peaceful behaviors to be labelled "unjust" and "just," respectively. But no matter; that's how Dr. Block seems to want to use the term, and we can grant it. On this view, then, we should notice that the fact that something is "just" need not mean that it is desirable, aesthetically pleasing, reflective of what people deserve, impartial, or even morally acceptable. It just means that no one has "thrown any punches" yet in a way to which we object, and therefore there cannot have been any injustice.

If we define libertarianism as a school of thought focusing on "justice" as defined above, then we will be led to the position advocated by Dr. Block:

Why is this [inequality in wages for equivalent work] unjust is this unjust from a libertarian perspective? It is not.

That is not to say that individuals who are libertarians have no business objecting to these inequalities. To reiterate Block's point, quoted above:

Of course, there are other problems that libertarians are involved in combating: bad breath, the heartbreak of psoriasis, losing chess games, cancer, the list goes on and on. But, here, libertarians who do so are not acting qua libertarians.

The point is, these things are objectionable for reasons which have nothing to do with justice, as defined above. Therefore, they have nothing to do with libertarianism, which is a philosophy that deals only with justice.

I think that this view is mistaken. To see why, we should note that in the above, I did not say anything about what position libertarians actually take on positions of justice (as I defined it); I only said that Block's view limits libertarianism to matters of so-called "justice." If my familiarity with Dr. Block's views serves me correctly, I believe that he would want to say that the libertarian view of justice has something to do with the non-aggression principle, such that initiating coercive violence is "unjust," and anything else is "just." Since I don't believe that the non-aggression principle is correct, and I want to be charitable to the libertarian position (particularly since I consider myself to be a libertarian), I will rephrase this position to say that the initiation of coercive force is prima facie unjust, and that (to the extent that we accept the definition of "justice" with which we are working here) anything that does not involve an illegitimate initiation of coercive force is just (for a discussion of this view, check out this post). If I'm wrong, and the non-aggression principle is true, then we can simply say that only illegitimate initiations of coercive force are unjust, but all such initiations are unjust. In other words, coercion is prima facie wrong, and there are no considerations which would cause us to find it legitimate. The way I've phrased it, we just get to include more views under the umbrella of "libertarianism" (most importantly, mine).

But libertarianism would be an empty shell of a position if it were simply a vague claim that "If and only if a view has only to do with the initiation of coercive force and views it as at least prima facie wrong, then it is a libertarian view." It would seem to behoove us as libertarians to say that a part of libertarian philosophy has to do with explaining why people should hold that kind of view. That is, it should explain why we should care so much about the initiation of coercive force, and why we are generally disposed to object to it as a matter of principle.

Now a complication arises here because (again if I correctly recall his views), Dr. Block believes that the initiation of force is unjust as a matter of undisputable logical fact. His view, following in the tradition of libertarian thinkers like Dr. Hoppe, is that one cannot advocate, condone, or engage in the use of coercive force without committing oneself to a contradictory position. The only position that one can reasonably defend, according to this view, is the libertarian view that the initiation of coercive force is incorrect. The reason that this is a complication is that for reasons I have discussed here and here, I think that this position is flat wrong (as was brought to my attention after writing those pieces, Dr. Bob Murphy and non-quite-Dr. Gene Callahan made some similar arguments as well). It is simply not true that any other position besides the non-aggression principle is incoherent.

But other libertarian views, including the one to which Dr. Long ascribes as well as the one to which I ascribe, resist coercion because of a fundamental belief that each of us is a valuable individual with his or her own life to lead. We suggest that it would therefore be disrespectful and unbecoming of us to force others to live according to plans that are not their own or to destructively interfere with their ability to pursue theirs. We see ourselves as having moral significance, and we acknowledge that the things that make us important also make others important. It is out of this deep appreciation and respect for individuals -- and the separateness of individuals' unique lives -- that we demand justification from those who would interfere with their neighbors' lives (or condemn them out of hand, for those libertarians accepting the non-aggression principle).

If we accept that something like this is at the root of the libertarian position on the issue of justice (still within our provisional definition), then it seems reasonable to say that an inherent part of libertarianism is an attitude of respect for individuals. And it is for this reason that I believe Dr. Block to be in error. If libertarianism is built upon a foundation of respect for others, then it would seem that libertarians would be committed to opposing any view which contradicts that paradigm of respect. And what Long is doing in leveling this argument is contending that sexism against women is indeed at odds with a view which sees all people as worthy of respect, as it is built upon subordination and dehumanization. So by incorporating feminism into libertarian philosophy, Long seems to be contending that feminism represents the position which follows from the consistent application of the ideas that make coherent the libertarian position on so-called "justice". In my opinion, this seems like a perfectly reasonable thing for a libertarian to be saying qua libertarian.

So what, then, of Block's point that:

Of course, there are other problems that libertarians are involved in combating: bad breath, the heartbreak of psoriasis, losing chess games, cancer, the list goes on and on. But, here, libertarians who do so are not acting qua libertarians.

This point seems intuitively right (except for the part about losing chess games; surely Block doesn't think that the world would be a better place if all chess games ended in stalemates). But whereas there is a reasonably strong connection between the ethical underpinnings of libertarian political philosophy and feminism, there is no such connection with bad breath, psoriasis, or cancer. The analogy simply doesn't work, and for reasons that I believe vindicate Long.

III. There is nothing wrong with sexist wage structures or demeaning social conventions

There is a third sort of objection appearing throughout Block's argument which basically suggests that beyond being a non-libertarian issue, Long's objections speak to a problem that isn't a problem. In doing this, I believe Block skirts the line between merely "thin" libertarianism and "vulgar" libertarianism.

The term "vulgar libertarianism" can best be understood by going back to our distinction between "just" and "unjust" from earlier, which defined as "just" anything that doesn't involve illegitimate coercion. Recall that we said that just because something is "just" by this definition does not mean that it is good, or even morally acceptable. Vulgar libertarian views, we will say, function essentially as "capitalist apologetics" by jumping to the conclusion that because something does not involve the illegitimate use of coercive force, it is not objectionable. The vulgar libertarian is the sort of thinker who, when presented with a lamentation about the outcomes generated by a free society, automatically reacts by saying, "Oh, but here's why that outcome isn't lamentable at all!" The vulgar libertarian, for example, might put down Dr. Block's Defending the Undefendable and proceed to argue that actually, the man who cheats on his girlfriend with a prostitute is doing nothing wrong, since no one has been coerced and the transaction was actually beneficial to both parties. Or that all poor people deserve to be poor, since they haven't produced anything for society that others have found to be worth paying any more to obtain. Or that the pervert who seduces the child is blameless, as both parties are simply doing what they want to be doing.

Let me be clear: I do not believe that Dr. Block is a vulgar libertarian. It is because I do not believe this that I am even making the argument that his views here seem to border on vulgar libertarianism. If Block were a vulgar libertarian, it would surely do little good to show that his arguments indeed sound like those that a vulgar libertarian might make.

So what in Block's paper am I talking about? Block first writes:

Perhaps most important, we must hark back to the biblical story where people are paid different amounts of money for doing precisely the same job; or what is the same thing, the same compensation for doing very different amounts of work...These disparities can be interpreted as a differential gift giving. That is, the employer pays everyone equally for equal productivity, but then makes a freely given donation to some but not to others.

For those not familiar with the story, there's a story in Matthew 20 about a vineyard owner who hires a group of workers to work at his vineyard, promising them a fair wage. Later in the day, he sees another group of workers who have not found any work for the day, and hires them to come help as well. At the end of the day, he pays all of the workers equally, to the consternation of the workers who had worked all day. Block's implication is captured by the differentially-paying vineyard owner in Matthew 20:13-16:

Friend, I am not treating you unfairly. Didn't you agree with me to work for the standard wage? Take what is yours and go. I want to give to this last man the same as I gave to you. Am I not permitted to do what I want with what belongs to me? Or are you envious because I am generous?

The first thing that one should notice is that in the vineyard parable, all of the workers were paid at least the "standard wage." A controversy might be raised, then, about whether the parable would apply to situations where capitalists were levering their advantaged position in negotiating with applicants to drive their wages below "fair" levels, which is presumably what Long thinks is going on when women are paid "unfairly." But even broaching the subject of "fair" wages opens up a can of worms all on its own, and the issue here is about sexism, not some form of wage egalitarianism.

The more substantive point is that when we consider the action of the vineyard owner, we see that he has acted out of generosity towards the late-coming workers. In the story, the reason for the generosity is not suggested to be some sort of prejudice against the early-coming workers, nor is the account stated in terms of some kind of malice, scorn, dismissiveness, or ill-will towards the early-comers. If these factors were involved in the story, then presumably Dr. Long would be uncomfortable with this example as well.

It seems pretty clear to me that when employers pay their male employees disproportionately higher wages, they are not doing so out of the generosity that the vineyard owner showed towards the workers who had not been able to find work. For that reason, I think that the analogy somewhat fails, though it is a valuable insight that unequal treatment does not necessarily have to objectionable. It's unequal treatment because of prejudice or sexism that should draw the ire of feminist, not unequal treatment as such.

Hopefully it will be clear, then, why I find this argument to be at risk of vulgarity. The feminist complains that sexist or prejudiced employers treat women badly by paying them less, and Block responds with an example of seemingly legitimate differential pay, with the implication that sexist and prejudiced employees are in the clear on its weight. In doing so, he conveniently defends the status quo and the employer, while comparing the feminists to grumbling and envious characters in a well-known story. But as the principle of charity compels us to assume that Dr. Block didn't perceive the disanalogy we discussed above, and did not intend vulgarity, we must keep in mind that we are not trying to argue that Dr. Block is a vulgar libertarian, but only that this particular position seems like it is wrong for reasons that are reminiscent of the vulgar paradigm.

Dr. Block's next point is entwined with the "thin" libertarian view discussed in the previous section:

...Long is going to have to decide whether his primary allegiance lies with feminism or libertarianism. This author does indeed touch on one aspect of this when he discusses the possibility that the wage gap between males and females might be due to in effect employer consumption [sic]: paying males more than females just for the sheer joy of doing so. If so, is this not the employer's right? And if so, from whence springs any possible libertarian objection to the wage gap?

That this argument borders on vulgarity can be seen by examining the first sentence. Remember, Block's argument for "thin" libertarianism is that the kinds of issues that concern the feminist here have nothing to do with libertarianism, and that the libertarian cannot talk about them qua libertarian. But why, then, would Dr. Long have to choose between these positions? If these are issues which really have nothing to do with libertarianism, then one should be able to be a libertarian while holding substantively any view on the issues that concern the feminist in this instance.

What seems to be going on here, as evidenced by the accommodating tone that Dr. Block takes in talking about "paying males more than females just for the sheer joy of doing so" is that Dr. Block has gone beyond his "thin" libertarianism in favor of a "thick"-er view in the opposite direction. That is, it's not just that sexism is not violent, and therefore is not "unjust," but rather, it seems like Block is flirting with saying that there is nothing wrong with sexism. But this is not thin libertarianism. It is vulgar libertarianism.

This sort of thing vaguely seems to reappear when Dr. Block writes:

What is this business of criticizing the freely made decisions of women to stay home and take care of babies? It matters not one whit that this is done "on moral grounds (or) prudential grounds." The libertarian qua libertarian simply has no business in criticizing "women's (choice of) greater responsibility for household work." It is no business of the libertarian, none whatsoever, to "combat" the "sexism" implicit in "the cultural expectations that lead women to assume such responsibility."

I don't want to get involved in saying something like "Well no, he didn't say that there is nothing wrong with these cultural expectations, but don't you think that's what he meant?!" But I do want to point out that if this argument is intended to promote "thin" libertarianism and not "vulgar" libertarianism, it seems like one would expect some kind of qualification along the lines of, "Of course, none of this is to say that these cultural norms should be embraced or even countenanced silently. They are simply not within the providence of libertarian discussion." And yet not only is such a disclaimer not offered, but what is written seems like it could be easily interpreted as an argument that "criticizing the freely made decisions of women to stay at home and take care of babies" "on moral grounds (or) prudential grounds" would be misguided, even if done from outside the realm of libertarian theory. Such an interpretation would be vulgar, even though it is not at all entailed by what Block actually says, and I think offers another example of Dr. Block straddling the line between thin and vulgar libertarianism, even if it does not technically cross it.

Conclusion

Having evaluated all three kinds of objection raised by Block to Long's discussion, and found each of them somewhat wanting, I think that a few closing words are in order. It will surprise no one to discover that I sided with Dr. Long in this argument before reading Dr. Block's piece, and therefore my response must be taken in that light. Further, there is no reason to expect that Dr. Block would have nothing to say to the points that I have raised here; this debate has been going on for a very long time, and presumably Dr. Block has heard most of the objections that can be offered against his position. Accordingly, it may well be that my points here have missed their mark.

That being said, I do think that I have raised some important questions here about Dr. Block's position and arguments, and that my analysis was both thorough and fair. Dr. Long's arguments cannot, I think, be dismissed as easily as Dr. Block's piece makes it sound.

Hopefully this has been as valuable and interesting for you to read as it was for me to write!