A Passion for Liberty
Tibor R. Machan @ Rational Review
Posts tagged property rights
Column on Tea PArty vs. ACORN, etc.
May 31st
Tea Party versus ACORN, etc.
Tibor R. Machan
It looks like the way the Right despises ACORN, the Left does the Tea Party. It may not even be so much about their political stances, although that is part of it for sure. It is sad, though, that supporters of Mr. Obama had no problem with–indeed were proud of–his history of community organization but forget about this completely as they deride the Tea Party. And I am not just talking about Leftist talk show hosts and hostesses but snooty publications like The New Republic and The New York Review of Books. Instead of celebrating this clearly democratic phenomenon, the Left is demonizing it.
It is one thing to be against the ideas of some organization, quite another to be against organizing itself. Why would organizing be proper and commendable for Leftist causes but not for those of the Right? The Tea Party isn’t some criminal gang burning down building, upending cars, and so forth–they march, mostly, and now and then shout out loud.
But I suppose what is good for the goose isn’t always good for the gander, right? Well, let me add something then to objections against ACORN. Unlike the Tea Party phenomenon, ACORN has a history of freely dipping into public funds in support of its activities, never mind that these are certainly not approved of by all the taxpayers whose funds are being used by the organization. So while the Tea Party has that integrity about it, namely, supporting its mission by voluntary means, the means it advocates for solving problems in society, you cannot say this for ACORN and a whole lot of other Leftists outfits that have no problem with using their critics’ funds.
This is something about which the Left has been very hypocritical over the years I have been aware of its political efforts in America and even before. On the one hand the Left, or most of them, opposed, say, the War in Vietnam and wanted to be able to refuse to pay the portion of taxes that funded this war. Yet when it comes to the Right’s objection to government funded abortion clinics, this doesn’t sit well with them at all. Indeed, whereas many on the Left would wish to withdraw government funding of whatever it is they oppose–subsidies to industries, bailouts, etc.–they seem to have no problem with using such funding for their own objectives.
But this is nothing very new, vis-a-vis the Left’s political philosophy. From as long as there has been a Left, the official position has opposed the individual’s basic right to private property–the first on the list of what must be abolished, according the Marx and Engels in their The Communist Manifesto. But at the same time the Left insists that the labor of the working classes is being ripped off by capitalists in the employment relationship.
So it seems the right to private property is just fine and dandy when it comes to the labor of the proletariat! However, when it comes to governing actual socialist societies, the Left has no problem with treating labor as anything but private property. No labor is public property; so that the East Germans who were attempting to flee the country could be considered thieves because they were stealing labor from the public! (This is one excuse the government gave for shooting those trying to scale the Berlin Wall back in those days!)
Maybe this is just another feature of a substantially pragmatic political outlook–never mind any principles, just forget ahead any which way you can get away with. Here is how it was put by Lenin: “Only one thing is needed to enable us to march forward more surely and more firmly to victory: namely, the full and complete thought of our appreciation by all communists in all countries of the necessity of displaying the utmost flexibility in their tactics. The strictest loyalty to the ideas of communism must be combined with the ability to make all the necessary practical compromises, to attack, to make agreements, zigzags, retreats, etc.” [Lenin, "Left Wing Communism," 1920].
Column on Property Rights and Gun Rights
Mar 4th
Property Rights and Gun Rights
Tibor R. Machan
Over the years the distinction between public and private spaces has become obscured. Which is why Starbucks is finding it so difficult to insist that customers do not carry weapons while in their establishment. It is because over the last several decades a doctrine of public accommodation has developed in the law such that when some area is adjacent to a public sphere—a street or road or park—it no longer enjoys private property rights, the authority to determine what happens there.
It all came about because of the impatience with racially discriminatory merchants and costumers. If they were understood as having firm private property rights, they would have to have their racist practices protected by law, which the courts were unwilling to sanction (unlike the protection of porn!). In particular, in a decision by the United States Supreme Court, handed down invalidating a law enacted by referendum in California pertaining to the right of people to sell their property to whomever they choose, Justice Byron White explained that the California law (Art. I, Sec. 26) enacted via Proposition 14 (in 1964) “authorized private discrimination,” even though, he added dubiously, only “encouraging, rather than commanding” it. (Actually it only tolerated it!) He added:
The right to discriminate, including the right to discriminate on racial grounds, was now embodied in the state’s basic charter, immune from legislative, executive, or judicial regulation at any level of the state government.
And for him, a loyal modern liberal justice, that was unacceptable! Yet that is exactly what is entailed in the notion of a right—its exercise, wisely or unwisely, is shielded from others’ interference. Justice White himself made this evident, albeit disapprovingly, when he observed: “Those practicing racial discrimination need no longer rely solely on their personal choice. They could now invoke express constitutional authority, free from censure or interference of any kind from official source”. And what’s wrong with that? Its the same with everything else objectionable the constitution protects, such a flag burning.
Notice that by prohibiting racial discrimination as a matter of legal mandate, the court removed the issue from the realm of morality or ethics. How could one freely make a personal choice to discriminate (or not) if government has the legitimate power to stop one from discriminating not as a government official but as a private citizen, within one’s private domain? If I want to restrict the potential buyers of my home to only Mormons or White Protestants or Hungarian refugees, that ought to be my business, no one else’s. But no, the Supreme Court of the supposedly freest country of the world chose to prohibit bad choices by its citizens. That is exactly like censorship by the government, plain and simple. And recall how so many American commentators were appalled at how Muslims reacted to the Danish cartoons that made fun of Islam! For Muslims what the cartoonists and the papers that published them did was every bit as awful as racial discrimination was to Justice White and his colleagues on the Supreme Court.
Now back to Starbucks and gun rights. Turns out that because the U. S. Supreme Court ruled that the Second Amendment protects individual Americans who want to own and carry firearms, this now means Starbucks isn’t free to decided about whether its costumers may do so in its coffee shops. Why? Because these shops are “affected with the public interest,” because they are located on streets which are public spheres and because government regulates them. Here are proprietors who want to apply their own, possibly sound standards of safety within the establishment they own and aren’t permitted to do so because, well, the property is no longer deemed to be really theirs at all but part of the public sphere (square).
Slowly and surely everything in the country will come under public—that is, government—jurisdiction, treated as if it were a courthouse or some other sphere where public administration goes on. The logic of the slippery slope is inescapable here. Moreover, if public officials make bad decisions, they will drag the entire country down since there will not be any private sphere left where those like the owners of Starbucks could institute practices that could well make better sense than what the public officials insist everyone must adopt.
One of the ways a free society deals with dubious practices by private citizens is to protect the liberty of those who find fault with such practices to protest, including by refusing to allow them in their own private spheres such as their places of business. But because this principled approach does not immediately do away with some of the despicable practices of the citizenry, such as racism in commerce, the eager beavers have now thrown the baby out with the bathwater, sacrificed individual liberty for the sake of coerced decency. This is exactly like when others abandon liberty for the sake of security. Plague on them both
Column on The Myth of Surplus Wealth
Dec 23rd
The Myth of Surplus Wealth
Tibor R. Machan
Over the last couple of decades a colleague from a famous university has challenged me about my view that everyone has the unalienable right to private property. Now this position, derived from such sources as John Locke, the American Founders, Ayn Rand, and many others in the classical liberal, libertarian political tradition, amounts to the idea that in a just human community every adult human being is free to pursue prosperity in the form he or she desires–material wealth, intellectual resources, land, items produced by humans or nature, and so forth. The right to private property is a right of action, an extension of the more general right to liberty: everyone must be left free to pursue wealth, to take those peaceful actions that could result in prosperity (although there is no guarantee that they will). And this right to freedom of action is itself based on the yet broader right to one’s life. Life is an ongoing process of action which, for human beings, needs to be initiated by the living agent. We have to do stuff to live, in short. And having the right to live entails being free to do so.
Now this critic of my thinking has argued against this idea at least in cases when some people are in dire straits, in serious need of resources through no fault of their own. And that certainly can happen, although it is far more likely to when people are oppressed, barred from taking the action needed to prosper, than when they are not imposed upon by others, especially by armed governments. What he has been maintaining is that if those in dire straits are forbidden to take from those who have what he dubs surplus wealth, then they are effectively not in possession of their own right to liberty. As it is sometimes put, those without resources are effectively in bondage. They lack the freedom to take the actions that could advance their lives. And this means that although everyone has the unalienable right to life, liberty, property and so forth, those in dire straits actually do not.
In particular my critic has stressed that those in dire straits, in serious need through no fault of their own, may not be stopped from taking some of the surplus wealth of the wealthy. And this, indeed, is roughly how people justify not just ordinary but progressive taxation–the wealthy must give up some of their wealth to those in dire straits because only that way will the latter be able to enjoy their own basic rights.
I have replied to the criticism in a variety of ways. One is by pointing out that the absence of resources is not the same as the violation of rights. I have no resources to buy myself a yacht but I do have a right to buy myself a yacht and no one would be authorized to stop me from doing so if and when I become wealthy enough to do so. In other words, I have the right to liberty to seek a yacht for myself by peaceful means, although, again, I may not succeed.
Indeed, this is pretty plain since one may be struck down by all sorts of natural impediments–disease, calamity, earthquakes, hurricanes, and so forth–for which no one is responsible and so no one may be penalized or fined for having caused them. Those who encounter such natural impediments are, well, unfortunate, that is for sure. But this does not authorize them to impose any burdens on those who have not deserved it even if they are, indeed, in a position to alleviate the hardship. They may and probably should request help, support, assistance, and so forth. They may even organize campaigns to urge that their bad luck be addressed by their fellows. But they have no rightful authority to take anything from them, not even so called surplus resources–an idea that is, in any case, vague and subject to systematic abuse. (Is my second kidney an article of surplus wealth? My second eye? My back-up golf set? My collected vintage cars?)
It isn’t true that surplus wealth makes no sense at all but only the most intimate knowledge of someone could enable us to tell if that person is in possession of wealth that he or she can easily do without. Maybe the individual is saving for a rainy day, for a time when he or she will be giving this wealth away to relatives or favorite causes. Maybe such an individual is powerfully enriched, psychologically, by holding on to wealth beyond what others may consider reasonable.
Having the right to private property means, in large measure, that the individual with that right is the one who is free to decide to what purposes his or her property will be devoted. It is a matter of who is to choose. Without this basic, unalienable right one’s freedom of directing one’s life is undermined not by natural causes, which can impeded anyone, but by others who are at liberty to refrain from doing so and, given this right, ought to so refrain.
Column on the Impracticality of Pragmatism
Dec 21st
Impractical Pragmatism?
Tibor R. Machan
Yes, it sounds paradoxical because by “pragmatic” is usually meant “practical, workable, functional.” So when President Obama made it clear last year that he is a loyal pragmatist when it comes to economic policy, he received praise from some, especially those who denounce ideology or ideological thinking.
Yet this is not a sound approach to life or public policy because telling where one should be pragmatic and where one should hold on to one’s principles no matter what is impossible. If, say, one is ideological about a woman’s right to choose whether to continue her pregnancy beyond a certain point, or, alternatively, whether to preserve the life of a budding human being no matter what, is that all to the good or not? Or if one opposes rape under any and all circumstances, is one being ideological, dogmatic, a fundamentalist in the bad sense meant by the likes of Professor Paul Krugman who think that market fundamentalism is something really, really bad? What about parents who insist that their children tell the truth and not lie, ever? Are they dogmatic, mindless people and is their child rearing seriously flawed?
Yet when it comes to confiscating the resources of people for various supposedly public purposes, as per the U. S. Supreme Court’s ruling in 2005 in Kelo v. City of New London Connecticut, serious legal scholars claim this is wise pragmatism, a sensible rejection of mindless market fundamentalism or ideological thinking? Why is the principle of private property rights less binding on us all than the principle of the integrity of a woman’s body? Why are these same intellectuals not being pragmatic about torture or child molestation, why don’t they condemn those who insist that under no circumstances may anyone commit statutory rape, as crass dogmatists?
Could it be that these folks find it convenient, to their and their preferred people’s advantage, to downplay the principles of private property rights? That is surely what one would think about anyone who would counsel flexibility about matters such as rape or child abuse. There is no excuse to abandon principled thinking and conduct about such practices but for some reason it is OK to accept stealing a bit here, robbing a bit there and dogmatism or ideological to oppose that attitude?
The bottom line is that pragmatism is fatally flawed. No champion of it can identify where it is permissible or acceptable to be pragmatic and where pragmatism would be something odious and intolerable. In the case of President Obama and his public policy cheerleaders they, too, have no clue when principled thinking and conduct are required and when it is dogmatic or ideological to strictly adhere to principles. No clue at all, which then gives them carte blanche about how they should carry on with public policies or even personal conduct. Bill Clinton and Tiger Woods then can cry out, but why are they condemning us for breaking our marriage wows when they break all sorts of principles? And, worse, supporters of water boarding or even more Draconian forms of torture can invoke pragmatism, saying well it works sometimes, so given the importance of getting information from the victims it would be dogmatic or ideological to forbid it. Where is the line between conduct that may follow the pragmatic approach and conduct that may not? Where is principled conduct expendable? And why there and not someplace else?
It seems that champions of pragmatism like President Obama and his intellectual supporters have a problem here and if they think that a president should lead by example, they could be guilty of providing an impossible example for others to follow. Indeed, it is an interesting question just what Mr. and Mrs. Obama teach their own children about principles–may they be tossed whenever they become inconvenient, wherever they stand in the way of pursuing certain desired objectives like bailing out banks and auto companies with other peoples’ money?
Looks like pragmatism is not at all practical, the very thing for which it is often praised. It cannot be practiced consistently, coherently, in either personal or public affairs.
