Posted by
Andrews on Tuesday, January 24, 2012 10:14:51 PM
I have to admit up front that my title today is a bit misleading. The two quotes I intend to examine today are not exactly stupid, in fact they are quotes that many would endorse, and quotes which even I find laudable in some respects. Rather than stupid, they should perhaps be called "misguided". They are quotes which, while sounding sensible enough, actually manage to completely miss the point and argue for exactly the wrong thing. They aren't precisely stupid, instead they are quotes which manage to emphasize the wrong aspect of a problem, or, alternately, mange to find problems where none exist, and miss others.
Before examining the quotes themselves, allow me one more brief digression. Since I managed to miss three days in a tow due to a combination of family obligations and gremlin induced technical problems, I am going to post multiple quotes for the next few days. I may not do it every day, but I figure if I manage to do it three times this week I will have made up for my many missing posts. Of course, it doesn't hurt that I found a number of quotes worth examining on the "
Libertarian Quotes" page I mentioned in "
Stupid Quote of the Day (January 23, 2012)". And so, for the next few days, don't be surprised if you find my posts examining more than one quote.
Which brings us to the purpose of this essay, the quotes themselves, starting with an anonymous quote I have seen reproduced many times:
Where morality is present, laws are unnecessary. Without morality, laws
are unenforceable.
And let us follow that with a rather well known, and frequently cites, quote by Lord Acton:
Liberty is not a means to a political end. It is itself the highest
political end.
As I said, both appear quite unobjectionable. In fact, they could probably be used as a plank in any conservative platform. At first glance, it would be difficult to find anything in either to which one could object. However, as with most things in life, it is usually necessary to look beyond our first impressions, and in these cases, a little reflection should make it clear that both quotes are quite misleading, or even simply wrong. At least I hope it would be clear, but experience has taught me not to presume that such matters are always easy to recognize, so I shall take a moment and explain the problems with each.
I suppose the degree to which the first quote is wrong depends on how one understands the term "laws". Not that there exists a reading which renders the quote correct, but depending on whether one imagines only the criminal law, or includes civil law as well, the quote can be made more or less inaccurate.
Let us start with the first half, the idea that moral individuals do not need law. This, while it sounds sensible enough, is actually nonsense, along the lines of the argument that communism needs perfect individuals to work. (In reality, even angels could not make communism work, due to the lack of valid measures. See "
The Limits of "Scientific" Management".) Just because individuals possess perfect morality does not mean they are incapable of misunderstandings. Individuals with perfect morals could still disagree over, let us say, who owns a given piece of property, and thus would need recourse to civil courts. They could also disagree over the meaning of a contract, or could become involved in an auto accident, the remuneration for which they may be unable to determine in a mutually satisfactory way. In all of these cases, there would be need for the civil courts, and, if one were to take possession of something which another claims to be his, perhaps even the criminal courts.
We can go even farther if we imagine that our own land's morality is not universal. If there are strangers lacking our perfect moral qualities, then we also might need the law to keep these strangers in check. Or even to keep our own in line when they make mistakes, such as harming one of our citizens when mistaking him for a dangerous stranger. But some would argue that the original clause imagined perfect morality was universal, and thus such issues would not arise. And I will grant that may be the case. Still, even with universal morality, there are the previously mentioned disagreements, accidents and other situations, which certainly will call for civil courts, and could sometimes even involve the criminal law.
Of course, some will say that the first half of the quote intended only criminal courts, and thus my argument doesn't really work. And I will admit, if you imagine morality is universal, and limit the argument to criminal law, there might be little enough for the courts to do, though I deny they would have absolutely nothing, but even if we allow a little leeway and claim the first half of the quote might be generously called correct, the second half is far from it, no matter how we define law.
In some ways the concept that a lack of morality makes laws ineffective mirrors my arguments elsewhere, that a culture which disagrees with a set of laws will find ways to refuse to enforce them. ("
The Problem With Tort Reform", "
The Limits of Law, A Look at Jury Nullification, Executive Discretion and Government Reform") However, immorality is much broader description, and its interaction with the laws as a whole is quite different than the interaction of a specific cultural belief and narrowly defined set of laws. And so I shall argue that, while it seems counter-intuitive, immorality is in no way an impediment to maintaining a system of law and order, that unethical individuals can easily keep a legal system, both civil and criminal, functioning quite efficiently.
I suppose first we need to decide how we define immorality. If we are simply speaking of a group giving into its most base instincts, then the argument is quite simple, as there is no inconsistency with a system of laws and a desire to fulfill ones more indecent needs. On the other hand, if we define immorality as a desire to sacrifice others to one's own advantage, then there is a bit more argument needed.
As I have discussed elsewhere ("
The Right People, The Wrong People and "Just Plain Folks"", "
The
Wrong
People", "
Third Best Economy", "
An End to War") it is a mistake to think that the free market relies upon ethical businessmen, or that if businessmen are unethical, then we need some sort of regulation or supervision ("
Et Tu, Town Hall?", "
The
Threat of Perfection
", "
Utopianism
and
Disaster"). The genius of the free market is, as I have said before ("
Planning For Imperfection", "
Greed Versus Evil", "
Perverting Self Interest
", "
Third Best Economy", "
Individual
and Aggregate") that the free market harnesses our most base instincts and channels them into activities which benefit those around us. And that works whether or not we have ethical individuals.
Let us just imagine a society of completely amoral individuals. Let us also assume they recognize that, each being amoral and interested in his own well being alone, there is no chance of forming a conspiracy against the rest. Thus, each must look out for his own interest. In that case, the arguments I made in "
A Rational Approach to Punishment" apply, and each will soon recognize that it is in his own interest to be protected from others, as they can collectively do much more harm to him, than he can benefit from being able to plunder them. Thus, we will end up with a state with symmetrical protection of rights. ("
Symmetry and Asymmetry in Government") In such a state, there is no way for an individual to satisfy his own wants but to provide for others. He can work to satisfy his own desires, but he is unlikely to be able to do as well trying for autarchy as he would making something for trade. And thus, even with the most base motives, and the most amoral individuals, the free market ends up being the most effective solution, and, recognizing as much, law can quite easily exist when there are amoral individuals.
Now, let us turn to our second quote, the one which asserts that liberty is, in itself, the highest political good.
I don't know if I need to point this out, but one thing which always sets off alarm bells for me is when something is asserted as an end in itself, as an absolute good. As I have argued many times ("
Absolute
Values", "
The Right Way", "
Every Kid Likes Hot Dogs", "
The Most Misleading Word", "
Luxury and Necessity", "
Cost-Benefit Analysis and Environmentalism", "
In defense of White Bread", "
The Great "What If?" - Advertising, Gullibility, Education, Capitalism and Socialism"), asserting something is an absolute good, something for which any cost is acceptable, produces endless logical errors. Even if we ignore the basic fact that all valuation is subjective, predicated upon the individual hierarchy of desires, ignoring that entirely, there is a serious problem accepting that any value is absolute. After all, if we accept that, then we must also accept that an individual, who feels that need, will sacrifice absolutely everything for it, will kill their family, torture their loved ones, sacrifice their own lives and all their possessions, just to obtain it. That is the true meaning of an "absolute value", that something is so precious it will be pursued to the exclusion of all else. As I have yet to see anyone in life who behaved in such a manner (with the possible exception of a handful of psychotics), and as no one would argue that is a sensible pattern of behavior, I have to assume those who call something an absolute good do not truly mean what they say.
And, in fact, I have definite evidence that liberty is not an absolute good, even in free states, or at least that most individuals do not see it as such*, as there is one behavior, which even most proponents of liberty accept, even praise, which is inconsistent with the belief that liberty is an absolute good.
People serve in the military.
Before we move along, let me say I am not making any moral judgments, or discussing in any way how the military operates, I am simply discussing here how the military actually does work, and the implications of that reality for this argument.
The problem for those who claim liberty is an absolute value, an end in itself, the only thing of worth, is that many behave in ways which argue against this, even among the advocates of liberty. And joining the military is a perfect example. After all, when one joins the military, whatever else he may gain or lose, one thing is certain, he surrenders some of his liberty. For example, an individual who has joined the military cannot choose when to leave the service (for the most part), nor does he have freedom of movement. Not just that, but his freedom of speech is also limited, as is his freedom to choose what to wear, how to cut his hair and a host of other small freedoms we take for granted. Admittedly, the loss of these freedoms is temporary, and individuals accept them because they think what they gain is much more important, but still, there is a loss of liberty involved, and that undermines most argument made for freedom being an absolute good.
You see, if freedom were an absolute good, then we would not be willing to give it up. Even if we thought the military served a noble purpose, if freedom were the highest good, that noble purpose would not be enough to convince us to give up our freedom. And so, the very fact that most who sing the praises of liberty do not object to the military, even in its current form, suggests they have, once again, not thought through what they are saying.
But perhaps I am making the wrong argument here. Possible Lord Acton was not proposing freedom as an absolute value, but instead simply saying that it was a very valuable goal, the most important goal, but still one which could be sacrificed at times in pursuit of other goals. That would be a very different point, though one I still find quite wrong. But, as it is so very different, let us look at this other possibility.
Lest I come across as someone too little interested in freedom, let me say that I am quite an ardent champion of individual freedom. If my obsession with minimal government and protection of rights is not enough ("
A True Conservative Platform", "
My Vision of Government", "
My Vision of Government Part II", "
Why I Am Not A Libertarian", "
The Benefits of Federalism", "
An Analogy For Government", "
A Simple Proposal", "
Consolidation and Diffusion", "
Man's
Nature
and
Government", "
Prelude"), I have written several times about the significance of freedom in our government ("
Why Freedom Is Essential", "
A New Look At Intervention", "
Defending
Freedom?"). However, in those essays, there is one difference between the position I espouse and the reading we are giving to Lord Acton's quote. It may seem a trivial difference to some, but to my thinking it is an essential difference, and one that explains why I find Acton's quote so misleading.
In my writing, freedom is presented in two ways, as a precondition for individual action and the satisfaction of wants, and as a means to achieve the same. That is, when I discuss freedom, I discuss it in a functional sense, as a tool, a very important tool, but a tool. When I write, I do not start off thinking of freedom as an end, but instead think first of individual desires, freedom enters the picture only when its absence makes the satisfaction of those desires more difficult. Unlike the quote in question, and many who place excessive emphasis on freedom, I do not see it as an end in itself, but as a means to an end. And thus, while I think it is politically important, as it is essential to forming an effective state, I do not see it as an end in itself.
Some may be confused by this position, seeing freedom described as a right, they may think of it as an end in itself, and may wonder if I am not denying the right o freedom, or at least deprecating it, by describing it as a mean to and end, rather than something precious in itself. But I think that is absurd. All our rights are means to ends. The right to free speech does not exist because we think speech is precious in itself, but because the expression of their thoughts and beliefs is important to satisfying individual desires**. Similarly, we do not value the right to property because owning property is valuable in itself, but because property ownership and disposition of that property is essential to the satisfaction of individual desires. And, likewise, liberty is a means to an end, not an end in itself.
By saying these things, I do not think I am making any of these rights seem less valuable, I am simply recognizing that they are precious, not in themselves, but because they are the foundation upon which much more important abilities rest.
Of course, after reading all that some may ask "So what? Why bother distinguishing between the two? What is the difference if we see freedom as a means to an end, or an end in itself?" To which I reply that the distinction, which may seem rather academic and unimportant, is actually quite important, as once one begins to think of freedom as an end in itself, he can be led into mistakes every bit as dangerous as those who deny us liberty.
There are many ways such mistaken beliefs can express themselves, but it seems the most common today is the belief that government is a necessary evil. Of course, there is nothing new in such a belief, it has probably been around since the first state was formed. However, in the past, it was generally limited to a small fringe, perhaps a few cynics who tried to pass themselves off as great wits, it was not the mainstream view of the state. Today, while it may not be the majority view, it certainly is the most common perception among members of one of the two major political philosophies.
Allow me to clarify. Liberals, being dedicated to the assertion that the state is the best tool, or at least a valid tool, to help men better themselves, or, if not that, is a means to prevent one set of men from exploiting the rest, must argue that the state is a good, that it is beneficial. ("
Liberalism, Its Origins and Consequences") However, their opposite number among the conservatives, tend to fall on the other end of the spectrum (as much as a true spectrum still exists -- cf. "
The
Political Spectrum"). Conservatives view the state in a much more limited role. Some may allow some degree of regulatory power, or even some place in trying to protect individuals from themselves (eg laws about drugs and prostitution), but they do not see the state as the ideal tool for such functions. Even those who accept such state intervention tend to do so reluctantly. And thus, among conservatives, it has become common to see the state, not as a morally neutral tool, nor as a savior, but as a necessary evil, a dangerous entity we have to tolerate as its lack is even worse.
And that belief is most often the result of the belief that freedom is an end in itself, and thus limiting freedom in any way, as the state does, is suspect. As the state is a tool designed precisely to limit freedom, and a tool capable of limiting it more should it wish, it is common to see the state just as I described, as a dangerous beast, something suspect. A view which has, as I described before ("
Stupid Quote of the Day (January 23, 2012)") quite negative consequences.
And it does not stop there. The same view can get even worse. If we take every restriction of freedom as suspect, as something to be deplored, then does it not follow that any state is a bad thing? That the state is not a necessary evil, but simply an evil? If we simply place a slightly higher value on freedom, and downplay the risks of a world without laws, it is very easy tot ake this philosophy and arrive at the ideas of the modern neo-anarchists. ("
The State of Nature and Man's Rights") And that foolishness can be quite dangerous if taken seriously.
I could probably go into much more detail about the negative consequences of such misplaced emphasis and mistaken beliefs, but I have already discussed many of the topics elsewhere. And so, for the moment, I will leave it as it is, and hope the combination of discussion and links will make clear what my concerns are with the beliefs these quotes embody. Should it later appear I was insufficiently clear, perhaps I will revisit one or both. Until then, I would just ask my readers remains wary of anyone who claims something is an absolute value, so precious it can never be exchanged for another goal.
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* There are some extreme libertarians and neo-anarchists who insist any state restrictions are invalid, and they perhaps may be the one group which comes close to holding liberty as an absolute value. However, there are a number of inconsistencies in their reasoning, which I debunked in my post "
The State of Nature and Man's Rights".
** It is a common mistake to think we have the right to free speech because it allows for the exchange of ideas and the progress of knowledge. That justification is often used, and may be true, but in reality, as with all rights, the reason we are granted these rights is that their restriction by the state is detrimental to individual pursuit of happiness. (See "
The
Danger Inherent in Banning "Bad Ideas"".) It may be useful to read "
Misunderstanding Democracy", which discusses a similar misconception about popular elections and their purpose.
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POSTSCRIPT
I want to clarify two points raised above.
First, let me examine my assertion that amoral or not, a rational examination of self interest will lead to a minimal, free market economy, as assertion I am sure some will find dubious.
Of course amoral individuals may try to exploit their fellows, and may even succeed. My point here is that amoral individuals may also come to the conclusion that a free market society with limited government is still the best choice. I am not saying it is impossible to exploit others, the world around us shows that is true. However, it is also quite possible to have a predictable, minimal government with a free market without requiring ethical individuals.
Second, let us look at my declaration that valuation is subjective.
This statement has haunted me ever since I wrote "
Absolute
Values", as chronicled in "
Why Republicans Lose, We Eat Our Own" and "
A Point I Thought Clear". I do not mean to assert that good and evil in an ethical sense are subjective, nor do I intend to assert some sort of ethical relativism. When I speak of values here, I speak of economic values, of the values which drive human decisions. When I say "I value X", it means that X is worth something to me, as it will provide me with some satisfaction. However, what X is worth, what I would be willing to exchange for it, depends upon my desires, how much I want X, and how much I want the alternatives. And that is what I mean by valuation being subjective. I am not saying right and wrong are meaningless, I am not speaking of right and wrong at all. I am simply speaking here of what individuals want, and what they will sacrifice for it.