Buying Michael Kinsley’s libertarianism is no better than buying Ron Paul’s.

I didn’t have much respect for Michael Kinsley’s understanding of libertarianism going into today. I have less after reading his opinion piece in today’s Saturday’s Washington Post, titled “The Church Doctrines of Pope Ron Paul.” (Clever in its truthiness.) Consider:

Libertarians get patronized a lot. Chipmunky and earnest, always pursuing logical consistency down wacky paths, they pose no real threat to the established order.

If a path is logical, it is by definition not wacky. It may be different from what average citizens accept, but the average citizen believes that common and normal are synonyms. They are not. It is common to be circumcised¹ as an American male. The circumcised penis is not normal.

So what is wrong with the libertarian case for extremely limited government? Economics 101 teaches some of the basic justifications for government interference in the economy. Some things, such as the cost of national defense, are “public goods.” We can’t each decide for ourselves how much defense we want. We have to decide that together.

National defense is a very poorly chosen example. And I believe that Mr. Kinsley is smart enough and familiar enough with libertarianism to understand that it’s a poorly chosen example. This is intentionally deceptive, presented to make the main line of libertarianism appear much less reasonable than it is.

But assuming a naive grasp of basic libertarianism, there are quite a few libertarians who actively accept that national defense is a legitimate government function. Apart from Mr. Kinsley’s justification, which is valid, it’s also in the United States Constitution. Small-l libertarians may disagree that it should be there, believing instead that private markets can handle defense. But only crackpots deny that it’s in our Constitution. Mr. Kinsley incorrectly implies that such nonsense is a fundamental tenet of American libertarianism.

Then there are “externalities,” which are costs (or, sometimes, benefits) that your decisions impose on me. Pollution is the classic example. Without government involvement of some sort to override our individual judgments, we will produce more pollution than most of us want.

He’s on slightly firmer footing here, but he still ignores the possibility that free, private markets could produce a solution. To accept his position completely, we must accept that individuals would willingly choose a slow-burn suicide through environmental destruction, past the point at which any fix could be achieved. Perhaps this is so, but Mr. Kinsley provides zero evidence that his favored position is any more likely than what he rejects. He relies solely on a belief that individual men are evil, while collective men are wise.

There are “market-oriented” solutions to this problem, but there is a difference –often forgotten, especially by Republicans — between using market forces and leaving something to the market. The point of principle is whether the government should intervene at all. How it chooses to intervene is purely pragmatic.

Libertarians have a fondness for complex arrangements to make markets work in situations where the textbooks say they can’t. …

He is off the rails here. Libertarians do not pretend to know what solutions will look like. We have ideas about how they “should” look, but we’re smart enough to know that others have ideas, too. Imposing ours blocks what might be better. Competition has a way of shoving less efficient solutions to the side. Free-market thinkers understand this.

The United States Postal Service, by virtue of being a “public good” (and in the Constitution), demands that the government handle this work. Everyone believed that until Fred Smith proved that belief to be dated nonsense. Some still believe the USPS should stick around, even though it clearly isn’t the best at what it does. Such thinking wandered long ago into irrational.

Libertarians also have a tendency to see too many issues in terms of property rights (just as liberals, they would counter, tend to see everything in terms of discrimination and equal protection). Pollution, libertarians say, is simply theft: you are stealing my clean air. Settle it in court. This is a really terrible idea: inexpert judges, lawyers and juries using the most elaborate and expensive decision-making process known to humankind — litigation — to make inconsistent decisions in different cases. …

What about “inexpert” politicians? Politicians believe that ridding ourselves of incandescent light bulbs will cure global warming. Politicians believe that manipulating Daylight Saving Time on the calendar will somehow decrease the amount of energy we use, rather than shifting around when we will use that energy. Politicians believe that subsidizing biofuels will save us from dependency on foreign oil, even though biofuels as currently subsidized by the United States is inefficient, expensive, and pollutes the environment.

More importantly, a decree from a judge when reviewing property rights generally means you can or can’t continue doing X, the action under consideration. Politicians see these actions and decide not only whether you can or can’t continue doing X, but they will also mandate the use or prohibition of Y, Z, A, H, K, P, and S. Inexpert politicians, through the elaborate and expensive decision-making process of legislation.

… And usually there is no one “right” answer: There is a spectrum of acceptable answers, involving tradeoffs (dirty air versus fewer jobs, etc.) that ought to be made democratically — that is, through government.

Earlier in the piece, Mr. Kinsley wrote this:

Furthermore, democracy and majority rule are no answers. Tyranny of the majority is a constant danger.

No kidding. So now we’re praising inexpert voters along with inexpert politicians instead of inexpert judges. Brilliant. What could go wrong?

So yes, a Rube Goldberg contraption of capitalism could replace a straightforward government regulation. But what if you aren’t interested in turning your grocery shopping into an ideological adventure? All that is lost by letting the government take care of it is the right of a few idiots to be idiots. That right deserves respect. But not much.

He is writing of unpasteurized milk. Notice that choosing to drink unpasteurized means the individual is an idiot. This is the classic central planner’s argument. His subjective evaluation of an issue is the only valid evaluation. By virtue of his certainty, its subjective nature becomes objective, enshrined in rules. It is the central planner’s job to protect everyone from themselves.

For what it’s worth, I don’t drink milk, pasteurized or not. Should I get to regulate everyone’s diet to exclude milk because I think drinking it is unwise? If you will not subject yourself to my opinion, why must I subject myself to yours?

Essentially, Mr. Kinsley seeks to indict libertarianism as a belief-system centered in a fantasy world in which everything works out efficiently and effectively, while asking that the reader accept that government is efficient and effective, generally as a result of its benevolence. But libertarians do not believe that capitalism is perfect. We know only that it’s superior to every other system tried by mankind. We know that government is inefficient and ineffective at every task it undertakes that don’t involve destruction. It is also operated by politicians who will sell any constituent to win a “better” constituent. Evidence demonstrates that, whether it’s taxes targeted
to “the rich”, forcing consumers to higher-margin fluorescent light bulbs, higher food prices so that gas doesn’t rise to a price that would force people to seek out alternative energy sources, or any other readily available example in which government acts to impose the subjective will of one onto another.

More thoughts at East Coast Libertarian.

¹ Speaking of circumcision, following the logical consistency that we don’t normally amputate healthy body parts from children, it is not wacky to denounce the giant exception applied to infant male foreskins.

Hooray for Capitalism

Whenever someone starts selling the line of bull that big bad corporations are out only to screw you the customer, remember this:

The HD DVD camp suffered a serious blow on Jan. 4, when Warner Bros. Entertainment said it would stop publishing movies on HD DVD in May, to focus on Blu-ray and regular DVD.

That leaves only two major studios, Paramount and Universal, still supporting HD DVD, while five support Blu-ray.

Toshiba on Monday slashed the suggested retail price of its cheapest player, the HD-A3, from $299.99 to $149.99. The price for the HD-A30 was also halved, from $399.99 to $199.99, while the price on the high-end HD-A35 went from $499.99 to $299.99.

Explain to me how the customer loses there. Nothing has changed since yesterday on the technological front. But the possibility has probably increased that customers will choose a Blu-ray device rather an HD DVD device. Toshiba now offers a better incentive. Yesterday, a customer could buy a player. Today, she can buy a player and five or more movies. Or she can buy two players for two rooms. Or she can get the features of the HD-A35 instead of the HD-A3. Competition is grand.

Also, most customers who purchased those Toshiba HD DVD players in the last thirty days or so are probably eligible to receive a partial refund from the store from which they bought the device, given that most major retailers have price match guarantees in place. Again, just another case of The Man&#153 not looking for ways to screw customers.

Consumer-unfriendly Software

I’ve used Newsgator as my RSS reader for several years. I’ve generally been happy with how it works because I like the ease with which I can set a structured layout to my folders. The “generally” caveat is necessary because Newsgator has a way of messing with my settings to force me to use its product how it wants me to, even though it continues to give me the option to use it my way. I must switch my settings back after Newsgator changes them every few months. This has been tiresome, but I haven’t liked any other readers I’ve tried. I’ve reluctantly stuck with Newsgator.

No longer. A few days ago the company switched me again to the beta of its newest version. It’s done this in the past, but I’ve always had the ability to switch back. Again, tiresome, but only mildly taxing. This time, though, I have no option to go back to the Classic reader. That’s a shame because the beta version is awful. And in addition to being awful, they forced my settings this afternoon from what I’d chosen.

I’m done with Newsgator forever.

I need to fill the void, of course. I like having a web-based RSS reader. Bloglines is okay, but I don’t like the way it organizes folders, or at least the limited way I’ve been able to figure out how to organize folders. I do not want everything in a big list without sub-folders. Every time I attempt to use Bloglines, I abandon it within a few days.

I’m now trying Google Reader, but Google is trying very hard to lose me. I can log in with no problem, as evidenced by my joint login to my Gmail account. But when I log in to Reader, the page refreshes to the login page every time. I will not use the product if I can’t use the product.

The help section suggests that my cookies are not set correctly. I figured this was the explanation, but when I verified my settings, I am within the range of what Google requires. I will apparently have to open my firewall settings below my comfort zone if I am to use Google Reader.

This is a terrible implementation by Google. Google wants to market stuff to me. I will consent to being marketed because I retain the option of overlooking that marketing. I will not consent to having my computer invaded so that Google (or others, inadvertently) may market me stuff in a more intrusive manner than having a computer scan the contents of my e-mail or blog entries for keywords¹. My computer hardware is mine.

There really isn’t much of a point here, other than to rant against stupid software design. I don’t know what RSS reader I’m going to use going forward. But I’m not going to accept a poor interface or cumbersome requirements just because the software is free.

¹ Google regularly serves up ads to me recommending circumcision services. It’s technology is stupid.

Professional juries would eliminate the slavery of jury duty.

I’ve been summonsed for jury duty. I am not thrilled.

Forget the inconvenience involved; let’s pretend that I would normally be indifferent to being on a jury. Consider the basic fact of what jury duty offers with respect to wages:

You will be paid an attendance fee of $40 for each day you report to the courthouse.

$40? For a full day of work? Hours of operation for the court are 8:30am-5:00pm. Assuming 30 minutes for lunch, that means the court will pay me $5 per hour. Federal minimum wage is $5.85 per hour. I do not have to agree with a minimum wage law to expect the United States government to honor that law. I will work no more than 6.8376 hours per day. Otherwise, I will sue the federal government.

My other option would be to ignore the summons and take the punishment:

The consequences of not reporting for jury service are severe. You could be escorted to the courthouse by a deputy U.S. marshal to explain to a judge why you did not report. You also could be fined up to $100 or imprisoned for up to three days or both.

At my normal income, it would be more economical for me to accept the full fine of $100 and three days in prison because it would leave me with the other seven days to earn income. Something is very clearly, very extensively broken in that system. Particularly:

Does my employer have to pay me while I serve?

No, but most private employers do pay employees during their jury service. Some pay employees in full, while others deduct your $40 daily juror pay from your regular wages.

I am my own employer. I can put a policy in place to pay myself while I’m absent, but that’s a fairy tale with no validity. There is no one else in my organization to compensate me in a socialist manner by subsidizing my absence. If I don’t work, I don’t get paid. So I’m back to deciding if it’s emotionally worth suffering criminal charges to significantly protect my economic well-being. Something is very clearly, very extensively broken in that system. I’m not buying claims of duty:

In our democratic system, there is no more valuable service a citizen can perform than to be a juror.

In our constitutional system, there is no more valuable concept than recognizing that forcing an individual to work at a job he does not want, for pay that is below even the minimum rate the government mandates for all other employers, with a specific requirement on how he must present himself for evaluation, is a violation of that constitutional system. It is illegitimate to violate my rights to liberty in order to grant another American his right to a trial by jury. Exercising my right to vote can not be morally wrapped in an obligation to submit to temporary slavery.

Being a juror should be a profession, with market wages and the liberty to enter and leave the occupation within mutually agreed contractual terms.

On Rejecting the Dear Leader

Writing on the Ron Paul newsletter mess, Wirkman Virkkala writes a reminder worth remembering:

It is an odd thing, trying to be a civilized person in the libertarian movement — or in modern society. You have to keep some independence of mind. You cannot allow yourself to become part of any cult. For all the leaders will betray you. All the prophets will prove false. All the gems will prove brummagem.

There’s probably some valid expansion on that idea about the individual not seeking to lead is the leader to “follow”, but for now, I just like that quote. No leader can effectively manage the individual’s life. It’s the skepticism inherent in what libertarianism rejects.

Link via Publius Endures, via Timothy Sandefur.

Analysis reveals more than snark reveals.

From the Los Angeles Times article referenced by Wonkette, this:

Kenya’s violence is on one level political, reflecting the rivalry for control between President Mwai Kibaki, a Kikuyu, and opposition candidate Raila Odinga, a Luo. In the election campaign, the fact that Odinga was uncircumcised became an issue: He was seen by some Kikuyus as a “child” unfit to rule because he had not passed through circumcision and initiation.

“They say that those who are circumcised are wiser than the uncircumcised ones,” said John Lallo, 62, of Kibera. “They do it [forcibly circumcise] to teach us to be circumcised so that we can be wise like them.”

The extreme difference in how this discussion is carried out in the United States versus how it’s being carried out by some in Kenya is undeniable.

It is also undeniable that many Americans perpetuate the same type of myth that circumcised males are better than intact males by virtue of nothing more than a stolen foreskin. Circumcised males, parents, doctors, medical organizations, and political organizations all believe this nonsense because it conforms to their subjective preference. They peddle their nonsense in visible contradiction to both evidence and reason, through force, to males who will probably never need or want circumcision.

“Women won’t sleep with him.” “He’ll get HIV.” “He’ll have to deal with smegma¹.” “He’ll be less wise.” The anti-intellectual nature of using such subjective claims to force genital cutting onto a healthy individual should be obvious to a society that views itself as an advanced world leader. Instead, we embrace superstitions. We violate our most basic principles in the process.

We are mistaken in our thinking and actions, despite our high opinion of our collective intelligence. No amount of wishful dreaming can make intention significant in the presence of outcome.

¹ Female genitals produce smegma, too. We don’t cut them as a solution.

As long as they disagree, a smear is reasonable?

Following on my entry on forced circumcisions in Kenya, I remember that I don’t read Wonkette any more for a reason. Wit requires intelligence. Instead, Wonkette’s writers have decided that mockery without thought makes for better copy. No thanks.

In the comments to that entry, this damning attack:

Let’s see what our homegrown anti-circumcision fanatics do with this item.

In a context where criminals are forcibly circumcising men and boys to leave a preferred ethnic tribal mark, those who oppose such violence are fanatics. Because we see rationally understand that there is no difference in outcome whether it’s imposed (without need) as an attack or it’s imposed without need as a well-intentioned gesture by parents, we’re fanatics. Because we believe in applying individual rights to every person that can’t be violated by a stranger or a relative, we’re fanatics. Because we believe each male (and female) should decide for himself (herself) what should or should not be done to his (her) genitals, even if it means he (she) ultimately chooses genital cutting, we’re fanatics.

In response to multiple comments in the same thread, there is not a focus on every female genital mutilation or rape that occurs every day because every one in the civilized world understands that they’re both obscenely wrong. Those of us who are fanatics simply refuse to accept the discriminatory lack of thought that views gender as a valid dividing line for determining if an act is a violation of the individual. Few people will argue that the rape of a male is acceptable, but a majority mistakenly pretend that it’s acceptable to cut the genitals of males, whether or not he needs or wants his genitals cut. Somehow, age and relationship are deemed criteria for applying basic human rights to the individual male.

I’m not the fanatic.

Two News Items

First:

The number of such assaults so far appears small. The hospital here in Limuru, 30 miles west of Nairobi, confirmed that two cases of forced circumcision were admitted after Sunday’s violence that saw members of the larger Kikuyu tribe evict hundreds of Luos from their homes. One case involved an adult, the other a 4-month-old.

The attack on the 4-month-old baby in Limuru occurred as his 14-year-old cousin was carrying him on her back through the forest, according to a hospital spokeswoman. The teen was raped and the child circumcised. His wound later became infected.

One attack involved sexual violence, and the other involved sexual violence.

Second:

WILLY Mafabi, a paraffin vendor in Malaba town, ran out of luck on January 3, when his tribesmen forcefully circumcised him.

According to his kinsmen, Mafabi, who hails from Bubulo county in Manafwa district, had been fleeing to Malaba whenever the circumcision season approached.

On the fateful day, his tribesmen rounded him up at Malaba Taxi Park, tied him and quickly sprinkled cassava flour allover his body. They forced him to carry two heavy stones as they marched him on the streets of Malaba, singing traditional Kigisu circumcision songs.

He was later circumcised at Akolodongo ward in the outskirts of Malaba town.

Does cultural expectation excuse the forced violation of the individual’s inherent rights? Should his age or blood relationship to his circumcisers affect the answer?

The public knows best. It doesn’t need facts.

I don’t support the death penalty. I think it’s immoral, but I also do not believe that any government process is capable of 100% certainty in its justice system. The possibility of executing one innocent individual more than outweighs any alleged benefit from using capital punishment. I’m uninterested in utilitarian claims about the value of individual rights.

It’s clear that many death penalty advocates value it for its ability to achieve retribution. People we execute are barbarians who deserve it. When made honestly, I can appreciate that sentiment even though I’m not willing to be a barbarian myself. I’m only bothered when advocates pretend that state-sanctioned murder is not barbaric.

The current case before the Supreme Court, Baze v. Rees, is the perfect example of this. From the New York Times:

When the Supreme Court hears arguments on Monday in Baze v. Rees, the Kentucky case that has led to a de facto national moratorium on executions, it will mostly be concerned with the question of what standard courts must use to assess the constitutionality of execution methods under the Eighth Amendment, which bars cruel and unusual punishment.

But beyond that is the more practical question of why all 36 states that use lethal injections to execute condemned inmates are wedded to a cumbersome combination of three chemicals.

The answer, experts say, seems to be that no state wants to make the first move. Having proceeded in lock step to adopt the current method, which was chosen in part because it differed from the one used on animals and masked the involuntary movements associated with death, state governments would prefer that someone else, possibly the courts, change the formula first.

Self-denial is very powerful. As long as we appear to treat people better – by treating them differently – than animals, nothing terrible is happening. As long as we don’t see involuntary movements, nothing terrible is happening. We’re being compassionate for barbarians who deserve nothing good from us. I can’t be excited by this because it’s dishonest.

I like this better:

“The departments of correction are dug in,” said Deborah W. Denno, an authority on methods of execution at the Fordham University Law School. “There’s safety in numbers. But if one state breaks from that, the safety in numbers starts to crumble.”

“If you change,” Professor Denno continued, “you’re admitting there was something wrong with the prior method. All those people you were executing, you could have been doing it in a better, more humane way.”

Some experts on executions say the debate over which chemicals to use is the wrong one. States have adopted a process that appears humane because it looks like medical treatment, Professor Denno said. But looks can be deceiving, she added.

“To me,” Professor Denno said, “the firing squad is the most humane and perceived to be the most brutal.”

If we’re going to have capital punishment, we need to remember that the Constitutional protection against cruel and unusual punishment protects the individual right of the accused/convicted. It does not protect the accuser from having to feel bad. And as long as innocents may be condemned, which they will, we must follow principles, not fantasies of that vengeance can achieve for the victims of heinous crimes.

**********

On a tangent, to what else might we reasonably apply Professor Denno’s logic? If you change, you admit there was something wrong with what was done in the past? A process that appears humane because it looks like medical treatment? The human mind is very good at self-denial, but apparently quite unimaginative at wrapping it in unique packages.

Sports is my outlet for fanaticism.

I lose myself in sports. I’m invested in the Phillies, Redskins, and Hokies far more than is probably sane. I like that I can follow along, enjoy the highs and lows, and pretend that my involvement turns them into we. But I know that none of it matters. There are no consequences. I can still rant about a blown call in the 2000 National Championship game because I know I’m correct and know that it still amounts to nothing without devaluing my enjoyment of the process.

That’s why I’m hoping for a mild, maybe even complete comeback by Hillary Clinton. I think she’ll be a terrible president. She has all the wrong impulses and inclinations. But her lightning rod personality has a chance to create gridlock better than Barack Obama.

Too much of the fawning over Sen. Obama right now borders on fanaticism. Enthusiasm is wonderful, but politics has consequences that matter. Lives are affected, with too many altered for the worse. A mindless search for a Dear Leader will not improve America, even if it’s wrapped in rhetoric of change. Details matter. On those Sen. Obama differs little from Sen. Clinton. Neither is offering much that is sensible.

When General Manager Pat Gillick explains that changes to the Phillies will increase their our chances of winning a championship, I accept that he’s biased. I also look at the evidence and determine if his claim is logical. In those times when I don’t like the evidence, I find ways to spin it. I know I’m being irrational, embracing a dream over logic. I want to believe. That’s okay. Again, there are no real consequences.

When Sen. Obama explains that changes to our government’s policies will increase America’s chances of achieving fairness/growth/whatever, I accept that he’s biased. I also look at the evidence and determine if his claim is logical. I won’t assume that everyone will conclude like me that the evidence demonstrates his claims are illogical. But how many have actually looked at the details? How many can state even one policy he stands for other than “change”? There are real consequences.

I will not cheer Sen. Clinton’s popular vote victory in New Hampshire. I will cheer if it means more people will begin to ask questions to look beyond the empty noise the front-runners offer.