As I write this at the end of July, 2015 the U.S. Presidential elections are over a year away. However, the campaigning commenced some months ago and the first Republican presidential debate is coming up very soon. Currently, there are sixteen Republicans vying for their party’s nomination—but there is only room enough on stage for the top ten. Rather than engaging in an awesome Thunderdome style selection process, those in charge of the debate have elected to go with the top ten candidates as ranked in an average of some national polls. At this moment, billionaire and reality show master Donald Trump (and his hair) is enjoying a commanding lead over the competition. The once “inevitable” Jeb Bush is in a distant second place (but at least polling over 10%). Most of the remaining contenders are in the single digits—but a candidate just has to be in the top ten to get on that stage.
While Donald Trump is regarded by comedians as a comedy gold egg laying goose, he is almost universally regarded as something of a clown by the “serious” candidates. In the eyes of many, Trump is a living lampoon of unprecedented proportions. He also has a special talent for trolling the media and an amazing gift for building bi-partisan disgust. His infamous remarks about Mexicans, drugs and rape antagonized liberals, Latinos, and even many conservatives. His denial of the war hero status of John McCain, who was shot down in Viet Nam and endured brutal treatment as a prisoner of war, rankled almost everyone. Because of such remarks, it might be wondered why Trump is leading the pack.
One easy and obvious answer is name recognition. As far as I can tell, everyone on earth has heard of Trump. Since people will, when they lack other relevant information, generally pick a known named over unknown names, it makes sense that Trump would be leading the polls at this point. Going along with this is the fact that Trump manages to get and hold attention. I am not sure if he is a genius and has carefully crafted a persona and script to ensure that the cameras are pointed at him. That is, Trump is a master of media chess and is always several moves ahead of the media and his competition. He might also possess an instinctive cunning, like a wily self-promoting coyote. Some have even suggested he is sort of an amazing idiot-savant. Or it might all be a matter of chance and luck. But, whatever the reason, Trump is in the bright light of the spotlight and that gives him a considerable advantage over his more conventional opponents.
In response to Trump’s antics (or tactics), some of the other Republican candidates have decided to go Trump rather than go home. Rand Paul and Lindsay Graham seem to have decided to go full-on used car salesman in their approaches. Rand Paul posted a video of himself taking a chainsaw to the U.S. tax code and Lindsay Graham posted a video of how to destroy a cell phone. While Rand Paul has been consistently against the tax code, Graham’s violence against phones was inspired by a Trump stunt in which the Donald gave out Graham’s private phone number and bashed the senator.
While a sense of humor and showmanship are good qualities for a presidential candidate to possess, there is the obvious concern about how far a serious candidate should take things. There is, after all, a line between quality humorous showmanship and buffoonery that a serious candidate should not cross. An obvious reason for staying on the right side of the line is practical: no sensible person wants a jester or fool as king so a candidate who goes too far risks losing. There is also the matter of judgment: while most folks do enjoy playing the fool from time to time, such foolery is like having sex: one should have the good sense to not engage in it in public.
Since I am a registered Democrat, I am somewhat inclined to hope that the other Republicans get into their clown car and chase the Donald all the way to crazy town. This would almost certainly hand the 2016 election to the Democrats (be it Hilary, Bernie or Bill the Cat). Since I am an American, I hope that most of the other Republicans decide to decline the jester cap (or troll crown) and not try to out-Trump Trump. First, no-one can out-Trump the Donald. Second, trying to out-Trump the Donald would take a candidate to a place where he should not go. Third, it is bad enough having Trump turning the nomination process into a bizarre reality-show circus. Having other candidates get in on this game would do even more damage to what should be a serious event.
Another part of the explanation is that Trump says out loud (and loudly) what a certain percentage of Americans think. While most Americans are dismayed by his remarks about Mexicans, Chinese, and others, some people are in agreement with this remarks—or at least are sympathetic. There is a not-insignificant percentage of people who are afraid of those who are not white and Trump is certainly appealing to such folks. People with strong feelings about such matters will tend to be more active in political matters and hence their influence will tend to be disproportionate to their actual numbers. This tends to create a bit of a problem for the Republicans: a candidate that can appeal to the most active and more extreme members of the party will find it challenging to appeal to the general electorate—which tends to be moderate.
I also sort of suspect that many people are pulling a prank on the media: while they do not really want to vote for the Donald, they really like the idea of making the media take Trump seriously. People probably also want to see Trump in the news. Whatever else one might say about the Donald, he clearly knows how to entertain. I also think that the comedians are doing all they can to keep Trump’s numbers up: he is the easy button of comedy. One does not even need to lampoon him, merely present him as he is (or appears).
Many serious pundits do, sensibly, point to the fact that the leader in the very early polls tends to not be the nominee. Looking back at previous elections, various Republican candidates swapped places at the top throughout the course of the nomination cycle. Given past history, it seems unlikely that Trump will hold on to his lead—he will most likely slide back into the pack and a more traditional politician will get the nomination. But, one should never count the Donald out.
In philosophy, one of the classic moral debates has focused on the conflict between liberty and security. While this topic covers many issues, the main problem is determining the extent to which liberty should be sacrificed in order to gain security. There is also the practical question of whether or not the security gain is actually effective.
One of the recent versions of this debate focuses on tech companies being required to include electronic backdoors in certain software and hardware. Put in simple terms, a backdoor of this sort would allow government agencies (such as the police, FBI and NSA) to gain access even to files and hardware protected by encryption. To use an analogy, this would be like requiring that all dwellings be equipped with a special door that could be secretly opened by the government to allow access to the contents of the house.
The main argument in support of mandating such backdoors is a fairly stock one: governments need such access for criminal investigators, gathering military intelligence and (of course) to “fight terrorism.” The concern is that if there is not a backdoor, criminals and terrorists will be able to secure their data and thus prevent state agencies from undertaking surveillance or acquiring evidence.
As is so often the case with such arguments, various awful or nightmare scenarios are often presented in making the case. For example, it might be claimed that the location and shutdown codes for ticking bombs could be on an encrypted iPhone. If the NSA had a key, they could just get that information and save the day. Without the key, New York will be a radioactive crater. As another example, it might be claimed that a clever child pornographer could encrypt all his pornography, making it impossible to make the case against him, thus ensuring he will be free to pursue his misdeeds with impunity.
While this argument is not without merit, there are numerous stock counter arguments. Many of these are grounded in views of individual liberty and privacy—the basic idea being that an individual has the right to have such security against the state. These arguments are appealing to both liberals (who tend to profess to like privacy rights) and conservatives (who tend to claim to be against the intrusions of big government).
Another moral argument is grounded in the fact that the United States government has shown that it cannot be trusted. To use an analogy, imagine that agents of the state were caught sneaking into the dwellings of all citizens and going through their stuff in clear violation of the law, the constitution and basic moral rights. Then someone developed a lock that could only be opened by the person with the proper key. If the state then demanded that the lock company include a master key function to allow the state to get in whenever it wanted, the obvious response would be that the state has already shown that it cannot be trusted with such access. If the state had behaved responsibly and in accord with the laws, then it could have been trusted. But, like a guest who abused her access to a house, the state cannot and should not be trusted with a key After all, we already know what they will do.
This argument also applies to other states that have done similar things. In the case of states that are even worse in their spying on and oppression of their citizens, the moral concerns are even greater. Such backdoors would allow the North Korean, Chinese and Iranian governments to gain access to devices, while encryption would provide their citizens with some degree of protection.
The strongest moral and practical argument is grounded on the technical vulnerabilities of integrated backdoors. One way that a built-in backdoor creates vulnerability is its very existence. To use a somewhat oversimplified analogy, if thieves know that all vaults have a built in backdoor designed to allow access by the government, they will know that a vulnerability exists that can be exploited.
One counter-argument against this is that the backdoor would not be that sort of vulnerability—that is, it would not be like a weaker secret door into a vault. Rather, it would be analogous to the government having its own combination that would work on all the vaults. The vault itself would be as strong as ever; it is just that the agents of the state would be free to enter the vault when they are allowed to legally do so (or when they feel like doing so).
The obvious moral and practical concern here is that the government’s combination to the vaults (to continue with the analogy) could be stolen and used to allow criminals or enemies easy access to all the vaults. The security of such vaults would be only as good as the security the government used to protect this combination (or combinations—perhaps one for each manufacturer). As such, the security of every user depends on the state’s ability to secure its means of access to hardware and software.
The obvious problem is that governments, such as the United States, have shown that they are not very good at providing such security. From a moral standpoint, it would seem to be wrong to expect people to trust the state with such access, given the fact that the state has shown that it cannot be depended on in such matters. To use an analogy, imagine you have a friend who is very sloppy about securing his credit card numbers, keys, PINs and such—in fact, you know that his information is routinely stolen. Then imagine that this friend insists that he needs your credit card numbers, PINs and such and that he will “keep them safe.” Given his own track record, you have no reason to trust this friend nor any obligation to put yourself at risk, regardless of how much he claims that he needs the information.
One obvious counter to this analogy is that this irresponsible friend is not a good analogue to the state. The state has compulsive power that the friend lacks, so the state can use its power to force you to hand over this information.
The counter to this is that the mere fact that the state does have compulsive force does not mean that it is thus responsible—which is the key concern in regards to both the ethics of the matter and the practical aspect of the matter. That is, the burden of proof would seem to rest on those that claim there is a moral obligation to provide a clearly irresponsible party with such access.
It might then be argued that the state could improve its security and responsibility, and thus merit being trusted with such access. While this does have some appeal, there is the obvious fact that if hackers and governments knew that that the keys to the backdoors existed, they would expend considerable effort to acquire them and would, almost certainly, succeed. I can even picture the sort of headlines that would appear: “U.S. Government Hacked: Backdoor Codes Now on Sale on the Dark Web” or “Hackers Linked to China Hack Backdoor Keys; All Updated Apple and Android Devices Vulnerable!” As such, the state would not seem to have a moral right to insist on having such backdoors, given that the keys will inevitably be stolen.
At this point, the stock opening argument could be brought up again: the state needs backdoor access in order to fight crime and terrorism. There are two easy and obvious replies to this sort of argument.
The first is based in an examination of past spying, such as that done under the auspices of the Patriot Act. The evidence seems to show that this spying was completely ineffective in regards to fighting terrorism. These is no reason to think that backdoor access would change this.
The second is a utilitarian argument (which can be cast as a practical or moral argument) in which the likely harm done by having backdoor access must be weighed against the likely advantages of having such access. The consensus among those who are experts in security is that the vulnerability created by backdoors vastly exceeds the alleged gain to protecting people from criminals and terrorists.
Somewhat ironically, what is alleged to be a critical tool for fighting crime (and terrorism) would simply make cybercrime much easier by building vulnerabilities right into software and devices.
In light of the above discussion, it would seem that baked-in backdoors are morally wrong on many grounds (privacy violations, creation of needless vulnerability, etc.) and lack a practical justification. As such, they should not be required by the state.
One stock narrative in the media is that the cost of attending college has skyrocketed. This is true. There is also a stock narrative that this increase, at least for public universities, has been due to the cutting of public education funds. This certainly is part of the truth. Another important part is the cost of sustaining the every-growing and well paid administrative class that has ensconced (and perhaps enthroned) itself at colleges and universities. I will, however, focus primarily on the cutting of public funds.
The stock media narrative makes it clear why there was a cut to public education spending: the economy was brought down in flames by the too clever machinations of the world’s financial class. This narrative is, for the most part, true. Another narrative is that Republican state legislatures have cut deeply into the funding for public education. One professed reason for this is ideological: government spending must be cut, presumably to reduce the taxes paid by the job creators. A reason that is not openly professed is the monetization of education. Public universities are in competition with the for-profit colleges for (ironically) public funding, mostly in the form of federal financial aid and student loans. Degrading, downsizing and destroying public education allows the for-profit colleges to acquire more customers and more funding and these for-profits have been generous with their lobbying dollars (to Republicans and Democrats). Since I have written other essays on the general catastrophic failure that is the for-profit college, I will not pursue this matter here.
A third openly professed reason is also ideological: the idea that a college education is a private rather than a public good. This seems to be based on the view that the primary purpose of a college education is economic: for the student to be trained to fill a job. It is also based on what can be regarded as a selfish value system—that value is measured solely in terms of how something serves a narrowly defined self-interest. In philosophy, this view is egoism and, when dignified with a moral theory, called ethical egoism (the idea that each person should act solely in her self-interest as opposed to acting, at least sometimes, from altruism).
Going along with this notion is the narrative that certain (mainly non-STEM) majors are useless. That is, they do not train a person to get a job. These two notions are usually combined into one stock narrative, which is often presented as something like “why should my tax dollars go to someone getting a degree in anthropology or, God forbid, philosophy?”
This professed ideology has had considerable impact on higher education. My adopted state of Florida has seen the usual story unfold: budget cuts to higher education, imposition of performance based funding (performance being defined primarily in terms of training the right sort of job fillers for the job creators), and the imposition of micro-managing assessment (which is universally regarded by anyone who actually teaches as pure bullshit) and so on. When all this is combined with the ever-expanding administrative class, it becomes evident that public higher education in America is in real trouble.
At this point most readers will expect me to engage in my stock response in regards to the value of education. You know, the usual philosophical stuff about the unexamined life not being worth living, the importance to a democratic state of having an educated population and all the other stuff that is waved away with a dismissive gesture by those who know the true value of public education: private profit. Since I have written about these values elsewhere, I will not do so here. There is also the obvious fact that the people who believe in this sort of value already support education and those who do not will almost certainly not be swayed by any arguments I could make. Instead, I will endeavor to argue for the value of the public university in very practical, “real-world” terms.
First, the public university is important for the defense of the United States. While private, non-profit institutions do rather important research, the public universities have contributed a great deal to our defense technology, they train many of our officers, and they train many of the people who work in our intelligence agencies. Undermining the public university weakens the United States in ways that will damage our national defense. National defense certainly seems to be a public and not just a private good.
Second, large public universities are centers of scientific research that has great practical (that is, economic) value. This research includes medical research, physics, robotics, engineering and all areas that are recognized as having clear practical value. One sure way to ensure that the United States falls behind the rest of the world in these areas is to continue to degrade public universities. Being competitive in these areas does seem to be a public good, although it is obviously specific individuals who benefit the most.
Third, large public universities draw some of the best and brightest people from around the world. Many of these people stay in the United States and contribute a great deal—thus adding to the public good (while obviously benefiting themselves). Even those who return home are influenced by the United States—they learn English (if they do not already know it), they are exposed to American culture, they make friends with Americans and often develop a fondness for their school and the country. While these factors are hard to quantify, they do serve as advantage to the United States in economic, scientific, diplomatic and defense terms.
Fourth, having what was once the best public higher education system in the world gave the country considerable prestige and influence. While prestige is difficult to quantify, it certainly matters—humans are very much influenced by status. This can be regarded as a public good.
Fifth, there are the obvious economic advantages of a strong public higher education system. College educated citizens make more money and thus pay more taxes—thus contributing to the public good. While having a job is certainly a private good, there is also a considerable amount of public good. Businesses need employees and people need doctors, lawyers, engineers, psychiatrists, pilots, petroleum engineers, computer programmers, officers, and so on. As such, it would seem that the public university does not just serve the private good but the public good.
If this argument has merit, it would seem that the degrading of public higher education is damaging the public good and harming the country. As such, this needs to be reversed before the United States falls even more behind the competition.
IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
The United States has had a libertarian and anarchist thread since the beginning, which is certainly appropriate for a nation that espouses individual liberty and expresses distrust of the state. While there are many versions of libertarianism and these range across the political spectrum, I will focus on one key aspect of libertarianism. To be specific, I will focus on the idea that the government should impose minimal limits on individual liberty and that there should be little, if any, state regulation of business. These principles were laid out fairly clearly by the American anarchist Henry David Thoreau in his claims that the best government governs least (or not at all) and that government only advances business by getting out of its way.
I must admit that I find the libertarian-anarchist approach very appealing. Like many politically minded young folks, I experimented with a variety of political theories in college. I found Marxism unappealing—as a metaphysical dualist, I must reject materialism. Also, I was well aware of the brutally oppressive and murderous nature of the Marxists states and they were in direct opposition to both my ethics and my view of liberty. Fascism was certainly right out—the idea of the total state ran against my views of liberty. Since, like many young folks, I thought I knew everything and did not want anyone to tell me what to do, I picked anarchism as my theory of choice. Since I am morally opposed to murdering people, even for a cause, I sided with the non-murderous anarchists, such as Thoreau. I eventually outgrew anarchism, but I still have many fond memories of my halcyon days of naïve political views. As such, I do really like libertarian-anarchism and really want it to be viable. But, I know that liking something does not entail that it is viable (or a good idea).
Put in extremely general terms, a libertarian system would have a minimal state with extremely limited government impositions on personal liberty. The same minimalism would also extend to the realm of business—they would operate with little or no state control. Since such a system seems to maximize liberty and freedom, it seems to be initially very appealing. After all, freedom and liberty are good and more of a good thing is better than less. Except when it is not.
It might be wondered how more liberty and freedom is not always better than less. I find two of the stock answers both appealing and plausible. One was laid out by Thomas Hobbes. In discussing the state of nature (which is a form of anarchism—there is no state) he notes that total liberty (the right to everything) amounts to no right at all. This is because everyone is free to do anything and everyone has the right to claim (and take) anything. This leads to his infamous war of all against all, making life “nasty, brutish and short.” Like too much oxygen, too much liberty can be fatal. Hobbes solution is the social contract and the sovereign: the state.
A second one was present by J.S. Mill. In his discussion of liberty he argued that liberty requires limitations on liberty. While this might seem like a paradox or a slogan from Big Brother, Mill is actually quite right in a straightforward way. For example, your right to free expression requires that my right to silence you be limited. As another example, your right to life requires limits on my right to kill. As such, liberty does require restrictions on liberty. Mill does not limit the limiting of liberty to the state—society can impose such limits as well.
Given the plausibility of the arguments of Hobbes and Mill, it seems reasonable to accept that there must be limits on liberty in order for there to be liberty. Libertarians, who usually fall short of being true anarchists, do accept this. However, they do want the broadest possible liberties and the least possible restrictions on business.
In theory, this would appear to show that the theory provides the basis for a viable political system. After all, if libertarianism is the view that the state should impose the minimal restrictions needed to have a viable society, then it would be (by definition) a viable system. However, there is the matter of libertarianism in practice and also the question of what counts as a viable political system.
Looked at in a minimal sense, a viable political system would seem to be one that can maintain its borders and internal order. Meeting this two minimal objectives would seem to be possible for a libertarian state, at least for a while. That said, the standards for a viable state might be taken to be somewhat higher, such as the state being able to (as per Locke) protect rights and provide for the good of the people. It can (and has) been argued that such a state would need to be more robust than the libertarian state. It can also be argued that a true libertarian state would either devolve into chaos or be forced into abandoning libertarianism.
In any case, the viability of libertarian state would seem to depend on two main factors. The first is the ethics of the individuals composing the state. The second is the relative power of the individuals. This is because the state is supposed to be minimal, so that limits on behavior must be set largely by other factors.
In regards to ethics, people who are moral can be relied on to self-regulate their behavior to the degree they are moral. To the degree that the population is moral the state does not need to impose limitations on behavior, since the citizens will generally not behave in ways that require the imposition of the compulsive power of the state. As such, liberty would seem to require a degree of morality on the part of the citizens that is inversely proportional to the limitations imposed by the state. Put roughly, good people do not need to be coerced by the state into being good. As such, a libertarian state can be viable to the degree that people are morally good. While some thinkers have faith in the basic decency of people, many (such as Hobbes) regard humans as lacking in what others would call goodness. Hence, the usual arguments about how the moral failings of humans requires the existence of the coercive state.
In regards to the second factor, having liberty without an external coercive force maintaining the liberty would require that the citizens be comparable in political, social and economic power. If some people have greater power they can easily use this power to impose on their fellow citizens. While the freedom to act with few (or no) limits is certainly a great deal for those with greater power, it certainly is not very good for those who have less power. In such a system, the powerful are free to do as they will, while the weaker people are denied their liberties. While such a system might be libertarian in name, freedom and liberty would belong to the powerful and the weaker would be denied. That is, it would be a despotism or tyranny.
If people are comparable in power or can form social, political and economic groups that are comparable in power, then liberty for all would be possible—individuals and groups would be able to resist the encroachments of others. Unions, for example, could be formed to offset the power of corporations. Not surprisingly, stable societies are able to build such balances of power to avoid the slide into despotism and then to chaos. Stable societies also have governments that endeavor to protect the liberties of everyone by placing limits on how much people can inflict their liberties on other people. As noted above, people can also be restrained by their ethics. If people and groups varied in power, yet abided by the limits of ethical behavior, then things could still go well for even the weak.
Interestingly, a balance of power might actually be disastrous. Hobbes argued that it is because people are equal in power that the state of nature is a state of war. This rests on his view that people are hedonistic egoists—that is, people are basically selfish and care not about other people.
Obviously enough, in the actual world people and groups vary greatly in power. Not surprisingly, many of the main advocates of libertarianism enjoy considerable political and economic power—they would presumably do very well in a system that removed many of the limitations upon them since they would be freer to do as they wished and the weaker people and groups would be unable to stop them.
At this point, one might insist on a third factor that is beloved by the Adam Smith crowd: rational self-interest. The usual claim is that people would limit their behavior because of the consequences arising from their actions. For example, a business that served contaminated meat would soon find itself out of business because the survivors would stop buying the meat and spread the word. As another example, an employer who used his power to compel his workers to work long hours in dangerous conditions for low pay would find that no one would be willing to work for him and would be forced to improve things to retain workers. As a third example, people would not commit misdeeds because they would be condemned or punished by vigilante justice. The invisible hand would sort things out, even if people are not good and there is a great disparity in power.
The easy and obvious reply is that this sort of system generally does not work very well—as shown by history. If there is a disparity in power, that power will be used to prevent negative consequences. For example, those who have economic power can use that power to coerce people into working for low pay and can also use that power to try to keep them from organizing to create a power that can resist this economic power. This is why, obviously enough, people like the Koch brothers oppose unions.
Interestingly, most people get that rational self-interest does not suffice to keep people from acting badly in regards to crimes such as murder, theft, extortion, assault and rape. However, there is the odd view that rational self-interest will somehow work to keep people from acting badly in other areas. This, as Hobbes would say, arises from an insufficient understanding of humans. Or is a deceit on the part of people who have the power to do wrong and get away with it.
While I do like the idea of libertarianism, a viable libertarian society would seem to require people who are predominantly ethical (and thus self-regulating) or a careful balance of power. Or, alternatively, a world in which people are rational and act from self-interest in ways that would maintain social order. This is clearly not our world.
While Aristotle was writing centuries before the rise of wearable technology, his view of moral education provides a solid foundation for the theory behind what I like to call the benign tyranny of the device. Or, if one prefers, the bearable tyranny of the wearbable.
In his Nicomachean Ethics Aristotle addressed the very practical problem of how to make people good. He was well aware that merely listening to discourses on morality would not make people good. In a very apt analogy, he noted that such people would be like invalids who listened to their doctors, but did not carry out her instructions—they will get no benefit.
His primary solution to the problem is one that is routinely endorsed and condemned today: to use the compulsive power of the state to make people behave well and thus become conditioned in that behavior. Obviously, most people are quite happy to have the state compel people to act as they would like them to act; yet equally unhappy when it comes to the state imposing on them. Aristotle was also well aware of the importance of training people from an early age—something later developed by the Nazis and Madison Avenue.
While there have been some attempts in the United States and other Western nations to use the compulsive power of the state to force people to engage in healthy practices, these have been fairly unsuccessful and are usually opposed as draconian violations of the liberty to be out of shape. While the idea of a Fitness Force chasing people around to make them exercise amuses me, I certainly would oppose such impositions on both practical and moral grounds. However, most people do need some external coercion to force them to engage in healthy behavior. Those who are well-off can hire a personal trainer and a fitness coach. Those who are less well of can appeal to the tyranny of friends who are already self-tyrannizing. However, there are many obvious problems with relying on other people. This is where the tyranny of the device comes in.
While the quantified life via electronics is in its relative infancy, there is already a multitude of devices ranging from smart fitness watches, to smart plates, to smart scales, to smart forks. All of these devices offer measurements of activities to quantify the self and most of them offer coercion ranging from annoying noises, to automatic social media posts (“today my feet did not patter, so now my ass grows fatter”), to the old school electric shock (really).
While the devices vary in their specifics, Aristotle laid out the basic requirements back when lightning was believed to come from Zeus. Aristotle noted that a person must do no wrong either with or against one’s will. In the case of fitness, this would be acting in ways contrary to health.
What is needed, according to Aristotle, is “the guidance of some intelligence or right system that has effective force.” The first part of this is that the device or app must be the “right system.” That is to say, the device must provide correct guidance in terms of health and well-being. Unfortunately, health is often ruled by fad and not actual science.
The second part of this is the matter of “effective force.” That is, the device or app must have the power to compel. Aristotle noted that individuals lacked such compulsive power, so he favored the power of law. Good law has practical wisdom and also compulsive force. However, unless the state is going to get into the business of compelling health, this option is out.
Interesting, Aristotle claims that “although people resent it when their impulses are opposed by human agents, even if they are in the right, the law causes no irritation by enjoining decent behavior.” While this seems not entirely true, he did seem to be right in that people find the law less annoying than being bossed around by individuals acting as individuals (like that bossy neighbor telling you to turn down the music).
The same could be true of devices—while being bossed around by a person (“hey fatty, you’ve had enough ice cream, get out and run some”) would annoy most people, being bossed by an app or device could be far less annoying. In fact, most people are already fully conditioned by their devices—they obey every command to pick up their smartphones and pay attention to whatever is beeping or flashing. Some people do this even when doing so puts people at risk, such as when they are driving. This certainly provides a vast ocean of psychological conditioning to tap into, but for a better cause. So, instead of mindlessly flipping through Instagram or texting words of nothingness, a person would be compelled by her digital master to exercise more, eat less crap, and get more sleep. Soon the machine tyrants will have very fit hosts to carry them around.
So, Aristotle has provided the perfect theoretical foundation for designing the tyrannical device. To recap, it needs the following features:
- Practical wisdom: the health science for the device or app needs to be correct and the guidance effective.
- Compulsive power: the device or app must be able to compel the user effectively and make them obey.
- Not too annoying: while it must have compulsive power, this power must not generate annoyance that exceeds its ability to compel.
- A cool name.
So, get to work on those devices and apps. The age of machine tyranny is not going to impose itself. At least not yet.
One interesting narrative about the riots in Baltimore involves the concept of the rule of law. Put roughly, the rule of law is the idea that the law should govern rather than the arbitrary decisions of those in power. The notion is sometimes applied to the citizens as well—namely that the citizens should follow the rule of law to resolve conflicts—as opposed to engaging in activities such as riots or vigilantism.
Thinker such as John Locke have laid out arguments as to why the rule of law is preferable to that of the state of nature. These arguments are generally persuasive, especially since Locke emphasizes the moral responsibilities of the state in regards to the good of the people. That is, he does not simply advocate obedience to whatever the laws happen to be, but requires that the laws and the leaders prove worthy of obedience. Laws or leaders that are tyrannical are not to be obeyed, but are to be defied and justly so.
Since I find Locke’s arguments appealing, it is hardly surprising that I favor rule of law—at least when the laws are good and the leaders are acting for the good of the people. When the government has moral legitimacy, the laws and the leaders have the right to expect people to follow the laws and listen to the leaders. However, when the laws or leaders violate the basic agreement (that the laws are for the good of the people and the leaders are to not be tyrants), then their legitimacy evaporates.
Some conservatives speak of the tyranny of Obama and how the Democrats wish to create a tyrannical state. Interestingly enough, they are right to be worried about tyranny. However, their timeline is in error: tyranny is already here.
John Locke provides the following definition of “tyranny”: “Tyranny is the exercise of power beyond right, which nobody can have a right to. And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage.”
The United States seems to meet this definition. In 2014, researchers at Princeton and Northwestern conducted a study to determine the extent to which laws reflect the views of the majority versus the interests of those in power. This study, titled “Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens” , used data gathered from 1981 to 2002.
The researchers examined about 1,800 polices from that time and matched them against the preferences expressed by three classes: the average American (50th income percentile), the affluent American (the 90th percentile of income) and the large special interest groups.
The results are hardly surprising: “The central point that emerges from our research is that economic elites and organized groups representing business interests have substantial independent impacts on US government policy, while mass-based interest groups and average citizens have little or no independent influence.”
While following these laws would be to conform to the rule of law, it would also be to embrace tyrannical laws—laws crafted for the advantage of those holding power and not the good of the people.
While the people who strike out in riots are probably unfamiliar with the research in question, they do know the obvious: they live within a political and economic system that primarily serves the “private, separate advantage” of the elite class and has little to offer them. As such, it should be no shock that some people do not embrace the rule of such law. If they are striking out against these laws and their riots are a revolt, they are revolting against what seems to be a tyrannical system. That is, one that serves the interests of the powerful few and not the good of the people. Or, to be fair to those who are critical of the riots, perhaps they are just thugs who are breaking things.
Continuing with tyranny, Locke notes that “Where-ever law ends, tyranny begins, if the law be transgressed to another’s harm; and whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command, to compass that upon the subject, which the law allows not, ceases in that to be a magistrate; and, acting without authority, may be opposed, as any other man, who by force invades the right of another.”
Sadly, this seems to accurately describe the excessive use of force against citizens by some police officers. Baltimore, as has been widely reported, has paid out millions of dollars in settlements due to the wrongful use of force by police against citizens. As people do like to point out, not all police officers are bad and there are excellent officers. However, even a cursory examination of the problems with policing in American cities shows that Locke’s definition of tyranny is routinely met. As such, it is evident that the rule of law was already broken well before the riots.
While Locke did not use this phrase, the rule of law is a two-way street and those who are charged with enforcing the law must also obey that law—otherwise it would be rather unreasonable to expect obedience from the citizens. As such, the most obvious step to restoring rule of law is to ensure that those charged with enforcing the laws are also following the laws.