Friday, August 29, 2008

Democracy is not a Panacea

Over the course of the 20th Century and leading into the 21st Century there has been a goal in mind over much of the world to expand democracy, to spread democracy, to make the world safe for democracy.

This is done because it is imagined that if more countries were democratic, more countries would be like the Western Democracies.

The point that is being missed is that form is not function. Just because a country is a democracy does not mean that the country is a liberal democracy. Take, for example Iraq. There are three religious/ethnic groups in Iraq, the largest being the Shiites in southern Iraq. The Shiites are a majority.

It has been predicted by some that if actual democracy were instituted in Iraq, the Shiites would vote to violate the rights of the Sunni and the Kurds, because they are a majority. This would be a "sectarian democracy", and not a liberal democracy. This may not necessarily be the case, but it is a possibility founded on the basic demographics of the country in question. It is the reason why some call for a partitioning of Iraq, to guarantee each population group the ability to not be dominated by the others.

People seem to think that "democracy" automatically means "liberal democracy". They forget that "democracy" is the form, and that "liberal" is the function. It is the "liberal" in "liberal democracy" that provides the restrained government instituted to protect the rights of the people.

In terms of respecting the rights of the people, what is the effective difference between a liberal democracy and a liberal monarchy? One could argue that democracy gives people checks on the government should the government decide to move in an illiberal direction, whereas there are no checks if the king should decide so. The problem is what would be the check if the public decided to move the democratic government in an illiberal direction? Proponents of democracy do not have an answer for that.

It should be remembered that it was a democracy that martyred Socrates. The majority did not care for what he taught, and as a result he was tried, convicted, and executed. This was all done according to the proper democratic procedures.

Instead of spreading democracy, what should be spread are the liberal values that are often associated with democracy. This cannot be done at the point of a gun.

Thursday, August 21, 2008

Positive and Negative Liberty

Isaiah Berlin once did a valuable service to the cause of liberty. He wrote a rather muddled book that discussed the difference between positive liberty and negative liberty. People are familiar with negative liberty - it is the "leave me alone" liberty that forms the cross-axis of the Nolan Chart, stretching from Statist to Libertarian. What is less familiar to most people is positive liberty, which is the liberty of having a voice in government, be it the ability to vote, to create and implement ballot initiatives, or to run for office.

This is an important distinction because occasionally these two come into conflict. When the come into conflict, the libertarian believes that negative liberty must win while the democratic statist believes that positive liberty must win.

A common theme among those who would argue against libertarianism is that the will of the majority must be obeyed. "What if the majority is wrong?" and often ducked question, is occasionally answered with "then work within the system to change the system."

It is a commonly used argument, to obey the majority, often expressed in the fallacious argument that by refusing to obey the majority the one doing so is imposing his will on the majority. This is an accusation that disturbs libertarians because the one thing the libertarian doesn't believe in is forcing others to comply with his will, but instead wished to be left alone and to leave others alone on all matters political.

It is a fallacious argument because it ignores the difference between initiated force and responsive force. When a libertarian says "you cannot pass that law", he is not saying "you must do as I say" but "there is no just reason for me to do as you say." Others can still choose of their own free will to act as if the unpassed law applies to them, by refraining from whatever activity the law was supposed to restrict or engaging in whatever activity the law was supposed to mandate.

The difference between initiated force and responsive force is glossed over in an effort to create a moral equivalent that takes the issue outside of the question of whether force itself is justified. Having dispensed with the integral moral question, the only remaining question is whether the majority or the minority shall have dictatorial power. By that mindset, a libertarian saying "no" is imposing dictatorial power.

The proper response by the libertarian when accused of imposing his will on others is "Yes, I do impose my will on muggers when they ask for my wallet." That places the question firmly back in the realm of whether or not the resisted action is justified, the one place statists do not wish it to go. The counter arguments range far and wide to try to distinguish between different types of initiatory force.

But even those who wish to engage in initiatory force through democratic action seem to have limits to what they would consider a justified action for the government to take. Based on the principle that a government action is good because it is approved by the majority, an inevitable conclusion is that it is perfectly justified for 90% to strip the remaining 10% of all of their rights, including the right to protest such a stripping. This is an issue always avoided by democratic positivists.

If one is to be consistent, there are absolutely no limits on what a democratic positivist would place on the majority’s decision making power.

Often times the question is phrased in terms of the social contract, and that the libertarian saying "no" is somehow violating the social contract. It should be noted that the social contract is a myth, nothing more. It is a useful myth, but it is still a myth. It is useful in that it is an intellectual tool used to analyze the relationship between the individual and the society as expressed through the government.

In this myth, people had the freedom to kill each other but not the right to life, the freedom to steal, but not the right to property, et cetera. Dissatisfied with that state of affairs they banded together and agreed to certain terms, that they would respect each others rights in exchange for a respect for their own rights. In order to safeguard this arrangement government was established to protect and enforce these rights.

The problem is that now those who wish to impose their will on others through the government have co-opted the term "social contract" and use it to mean that since government has decided everyone else is obligated to obey. What they do not realize, or hope nobody else realizes, is that by using the term "social contract" they undermine their own case. The Social Contract is specifically about respecting people's rights, and under social contract theory any government that violates the contract is not a legitimate government and the people have the right to overthrow said government.

Saying "social contract" in the abused sense of it as used by statists is simply another way to say that positive rights trump negative rights.

Positive and negative liberty can be arranged into a four quadrant chart similar in appearance to the Nolan Chart or Pournelle Chart. In the quadrant where both are low the result is despotism. In the quadrant of low positive and high negative the result is a libertarian monarch. In the quadrant of high positive and low negative the result is mob rule and the martyrdom of Socrates. Finally in the quadrant where both are high the result is anarcho-capitalism or other variants on libertarianism.

The important point of all of this is to remember that democracy is simply a form, not a function, of government. Libertarianism is concerned with the function, that government maximizes the rights of the people. When politicians talk about spreading democracy, they express their own ignorance of the difference between function and form. What should be spread isn’t democracy, but liberty.

Friday, August 15, 2008

The Missing Case for Military Intervention

Whenever a conflict erupts somewhere in the world, invariably there are calls for the United States to intervene. If there are no actual United States interests at stake in the conflict invariably the argument comes up that if Hitler had been opposed early enough there would have been no World War Two.

There is only one valid response to arguments from Hitler, and that is to point out that the person making the argument that World War One proves intervention necessary.

It is inarguable that way World War One ended was the primary cause of World War Two. The only way to avoid that point is to only look at causes that occurred after Hitler’s rise to power in Germany.

Starting the search at that point and forbidding earlier causes is intellectually not a supportable practice. The only reason to do so is to advance a particular political agenda, but those who support that agenda do so fiercely and insist on only analyzing causes that support interventionism and never analyzing causes that oppose it.

The largest contributing factor to World War Two was the resolution of World War One. The Treaty of Versailles imposed overly harsh and punitive terms on Germany. The economic damage caused by the harsh terms, coupled with the social insult of being made to admit full fault in a war that was as much the fault of France as it was Germany and having those terms imposed even though foreign troops never actually entered Germany laid all the groundwork for the rise of Hitler and the waging of World War Two.

If it were not for the Treaty of Versailles, there would have been no World War Two.

The Treaty of Versailles was made possible by the intervention of the United States, both before and after the United States entered the war officially. Before the United States declared war the support given to the Allied Powers gave them an edge against the Central Powers in terms of supplies. It was an open secret that the United States was shipping munitions to Great Britain, and that the submarine warfare that Germany condemned so loudly was aimed at munitions. Sinking a cargo ship full or arms was not sufficient to for President Wilson to goad the USA into war, which is why they were later shipped on civilian cruise ships.

Even with that edge, the Central Powers were able to maintain the stalemate that was draining the wealth and population of both sides. That is why President Wilson was seeking a plausible excuse, such as the Lusitania, to actively involve United States troops. The entry of a powerful country that was not drained by several years of warfare was too much for the Central Powers to withstand, and the war ended with an Allied victory that made the Treaty of Versailles possible.

If it were not for United States entry into World War One, there would have been no Treaty of Versailles.

Anyone who expresses the idea that World War Two proves interventionism is sometimes necessary is, if educated, expressing the idea that Wilson’s intervention against Germany is an example of necessary interventionism. The two wars are the same war.

The causes of World War One itself are also examples of interventionism on the part of the European powers. Germany and Italy, late in becoming unified countries compared to the Renaissance unifications of France, England, or Spain, were behind on the drive to have colonies in distant lands. France and England ruled large parts of Africa and Asia, while Spain had ruled large parts of the America. Both Germany and Italy were able to grab parts of Africa. Austria-Hungary was left out of the colony race completely so tried to compensate by picking up the pieces of the decaying Ottoman Empire. Before the fighting actually started the Allied Powers were those with colonies (and also Russia which while lacking colonies had large amount of land within Russian borders ready to colonize) while the Central Powers were those without many colonies, including Italy even though it was an Allied Power once the shooting started, and also including the Ottoman Empire which while large was decaying at a rapid pace, in effect losing colonies.

Since none of the European powers were able to mind their own business the series of alliances formed that led to a small conflict exploding into a world war.

World War One was the disastrous result of intervention gone haywire, leading to further intervention, leading to devastating results that are used to justify intervention.

No sensible, educated, and honest person can use World War Two as a justification for intervention given that it is the result of layers of intervention piled up until the result was Hitler. A better argument for intervention needs to be found for those who advocate meddling in the conflicts of others.

Friday, August 08, 2008

The Prevalence of Police Abuse

There are certainly more stories of police abuse hitting the news outlets, at an accelerating pace. This is resulting in greater awareness in the general public of the police abusing their powers. Whether it is tasering a driver on the highways of Utah, tackling a kid in Baltimore because he is riding a skateboard, strip searching the victim of an assault, or the many examples of SWAT team raids of wrong houses often resulting in the death of either the occupants or even police, these stories are circulating with an ever increasing frequency.

There are two theories about why this is so. One is that the rise of inexpensive digital cameras and video cameras has made it easier to capture police misconduct, and the rise of YouTube has made it easier to spread the stories captured. In the past these issues were investigated only if the news were to make an issue of it. As video cameras became more popular it was still up to the news, but it was harder for news outlets to ignore police abuse. As a result of private footage of Rodney King being aired on television the police involved were eventually held accountable.

The television networks can choose whether or not to air any privately recorded footage, and as a result it is possible that many recorded incidents never were shown to the public. The internet enables people to bypass the major media and as a result those incidents are available to be viewed by anyone with an internet connection. Being viewed, it then becomes possible for the public to pressure the media into covering the story in ways never before possible.

Another theory is that these incidents are indeed becoming more common. The erosion of civil liberties that has taken place over the last seven years of the war on terror, coupled with the almost forty years of waging the drug war, has created a climate where government enforcement officials are not only given greater authority, but given more incentive to act against those who question their authority. Failure to show respect, or even obeisance, is considered a direct challenge to the authority of the officers and it must be punished.

This is abetted by the taser, which is considered a non-lethal instrument (except for the times when it is lethal). This leads to it being used as a method of “pain compliance”. This is in violation of the entire Anglo system of law because pain compliance is a euphemism for “punishment” and that can only be decided in a court of law by a judge and a jury, not by a law enforcement official. Any officer who uses a taser for the purpose of disciplining someone who is not a threat but guilty of not obeying an officer is guilty of assault and battery – and that is before the question of whether an officer can give a "lawful order" in the first place that must be obeyed.

It is clear that many police feel that they are above the law that they are sworn to enforce. This is shown in so many ways, most recently by Jimmy Justice as he films the police breaking even simple laws and their irate reactions as he calls them on their activities. Sometimes catching police breaking the law can lead to legal trouble for the person with the camera, which is why Jimmy Justice acts pseudonymously.

Sometimes filming of law enforcement officials leads to their discipline, although not as often as it should. This trend is only going to accelerate. Some jurisdictions are fighting back with laws that prevent us from videotaping the police or even taking still photos as they perform their duties, calling these activities spying or obstruction respectively. The question remains how well ordinances and charges of this nature will hold up in court against what is left of our civil liberties.

Given the abusive nature of police today, it is a good idea to have a camera handy even if local ordinances forbid it. When accused of resisting arrest and disorderly conduct – a charge used when there is no specific law being broken but the officer simply doesn’t like what is being done – a camera recording the incident may be the best defense as it was in the case of a bicyclist assaulted by the NYPD. It can be used as evidence against the charges, and may even be useful if the department actually decides to discipline the officer.

Friday, August 01, 2008

The Vosem Chart

In an earlier article, the subject of the Vosem Cube was briefly mentioned as an attempt to deal with an economic axis that failed to sufficiently differentiate between mercantilism and socialism with respect to economic liberty. While both systems are a diminishment of economic liberty they are so in different ways to the point where it is difficult to get a more accurate measure of economic liberty. This is compounded by the deliberate refusal of those with a more socialist mindset to differentiate between mercantilism and capitalism.

Name "Vosem" for the Russian word for "eight" because a cube has eight sides, this chart has one civil liberty axis identical to the civil liberty of the Nolan Chart. It has two economic axes which the author labels as "Fiscal" and "Corporate".

The Fiscal axis is clearly the spectrum that runs from socialist to capitalist, whether or not the government should redistribute wealth or directly control certain industries (the two separate definitions of socialist will be discussed in a later article). It is on the Corporate axis where things get muddled.

CORPORATE
CLASS 1: People who are in the first camp on this final dichotomy are, all around, pro-corporate. The way they see it, corporations should be treated and protected with the same rights as individuals. They want businesses to have the power to hire and discriminate against whom they want -- if an employer doesn't want an immigrant or a member of an ethnic minority working for him, he shouldn't be required by hire any people in that group, even if they are indisputably qualified. They also want everyone's business to be protected by private property rights -- the owner paid to keep the space and he can insist in anyone he wants leaving the business, including using the police to enforce this wish. Anyone walking on a business' premises against the wishes of the owner is viewed as trespassing. They oppose the right of people to strike or otherwise rebel against a business, and will favor laws that allow a corporate head to have his employees arrested for striking. They can be very strongly anti-union and view management as knowing best. Corporate monopolies are just seen as part of the game. As they see it, pure freedom of the market will take care of any injustices or inequities, and will promise diversity and creativity. If something done by a business is unethical and/or harmful, people will make the right choice by choosing another business, thereby regulating themselves. They trust the patron public will know and decide what is right. Some even support reversing government restrictions on dishonestly mislabeling or misrepresenting your advertised product. They are not quite as concerned with or offended by Enron/WorldCom type corporate dishonesty as their opponents. Strongly pro-copyright, they favor punishing Napster and want to hunt down other music site offenders on the Internet. Characteristic catchwords: it's their business, free enterprise, the magic of the market, property rights, intellectual property violator.

CLASS 2: Someone in the second camp opposes corporate power and rule of the business over the individual. They believe that a corporation is not a person and cannot be a person, and therefore does not deserve the same rights as a person. Businesses are viewed as a form of authority, akin to government authority, that can be oppressive. The major heads behind huge corporations, furthermore, are viewed as greedy rich folks who will do anything to make even more and keep the oil flowing to them. Many of these people are anti-WTO, anti-IMF, etc. If you see someone engaged in a protest against "corporate goons", taking it to the streets like the Seattle protestors of 1999, they no doubt belong to this camp. They consider discriminatory or otherwise unethical behavior by a business owner or manager completely inexcusable. They consider it unacceptable to have to watch anyone -- even one person -- be legally hurt by a business' practices in order to get people to finally bring the business down with their own boycott. They do not trust the common people alone to be able to drive every and any immoral business into the ground with their purchasing choices. They fail to see any flourishing of diversity or creativity of products due to the market; rather, they view increasingly richer cannibal companies as having homogenized the market and given us too few different companies and too few products. The overwhelming power of a few names over radio stations has likewise ruined the diversity of music. Some even turn to Internet file-sharing. They are opposed to the concept of "intellectual property". Characteristic catchwords: corporate greed, people before profits, Naderism, sell-out, monolithic corporate culture, pigs, Micro$oft.


This is problematic because on the whole it fails to place those who subscribe to Austrian Economics. On the whole Austrians would be on the pro-corporate side, but certainly do not believe that striking workers should be penalized. This should be analyzed by looking at it through the capitalist versus mercantilist question.

In that perspective, a new result is given.

CLASS 1: Someone in the second camp opposes any government protection or favoritism of corporations. They believe in a free market, and if a corporation cannot survive it deserves to fail. The major heads behind huge corporations are viewed as too intimately involved in government. Many of these people are anti-WTO, anti-IMF, etc on the grounds that a "free trade organization" is a contradiction of terms. They also oppose regulation of businesses beyond dishonesty to be a restriction on the right of people to do business. While Enron is looked down on for their unethical practices, Michael Milken is looked as heroes of free enterprise and examples of unjust government interference in economics. Characteristic catchwords: Free enterprise, corporate welfare, REAL free trade

CLASS 2a: People who are in the first camp on this final dichotomy are, all around, pro-corporate. The way they see it, corporations should be treated and protected with the same rights as individuals. They want everyone's business to be protected by private property rights -- the owner paid to keep the space and he can insist in anyone he wants leaving the business, including using the police to enforce this wish. Anyone walking on a business' premises against the wishes of the owner is viewed as trespassing. They oppose the right of people to strike or otherwise rebel against a business, and will favor laws that allow a corporate head to have his employees arrested for striking. They can be very strongly anti-union and view management as knowing best. Corporate monopolies are just seen as part of the game. They support protective tariffs to keep out foreign competition or import quotas to protect domestic industries. They also support subsidies from the government to businesses on the grounds that it helps domestic corporations, especially against countries where governments support their corporations. Some even support reversing government restrictions on dishonestly mislabeling or misrepresenting your advertised product. They are not quite as concerned with or offended by Enron/WorldCom type corporate dishonesty as their opponents. Strongly pro-copyright, they favor punishing Napster and want to hunt down other music site offenders on the Internet. Characteristic catchwords: dumping, domestic industry, what’s good for GM is good for America, intellectual property violator.

CLASS 2b: Someone in the second camp opposes corporate power and rule of the business over the individual. They believe that a corporation is not a person and cannot be a person, and therefore does not deserve the same rights as a person. Businesses are viewed as a form of authority, akin to government authority, that can be oppressive. The major heads behind huge corporations, furthermore, are viewed as greedy rich folks who will do anything to make even more and keep the oil flowing to them. Many of these people are anti-WTO, anti-IMF, etc. If you see someone engaged in a protest against "corporate goons", taking it to the streets like the Seattle protestors of 1999, they no doubt belong to this camp. They consider discriminatory or otherwise unethical behavior by a business owner or manager completely inexcusable. They consider it unacceptable to have to watch anyone -- even one person -- be legally hurt by a business' practices in order to get people to finally bring the business down with their own boycott. They do not trust the common people alone to be able to drive every and any immoral business into the ground with their purchasing choices. They fail to see any flourishing of diversity or creativity of products due to the market; rather, they view increasingly richer cannibal companies as having homogenized the market and given us too few different companies and too few products. The overwhelming power of a few names over radio stations has likewise ruined the diversity of music. Some even turn to Internet file-sharing. They are opposed to the concept of "intellectual property". Characteristic catchwords: corporate greed, people before profits, Naderism, sell-out, monolithic corporate culture, pigs, Micro$oft.


The drawback is that this still splits the mercantilist axis. The problem is with Class 2b, which doesn’t really belong in this axis but needs to fit in somewhere. The problem is to find a location for it.

On the other hand, perhaps libertarians are 1a, the anti-corporates are 1b, and the mercantilists are 2.