Dan Moller’s Governing Least

Michael Huemer’s The Problem of Political Authority is definitely my favorite work of libertarian political philosophy.  Dan Moller’s new Governing Least, however, is definitely now my second-favorite work of libertarian political philosophy.  The two books have much in common: Both use common-sense ethics to argue for libertarian politics.  Both are calm, logical, and ever-mindful of potential criticisms.  Both strive to persuade reasonable people who don’t already agree with them.  Both are packed with broader insights.  And despite these parallels, both are deeply original.

So what’s most original about Moller’s position?  Instead of focusing on the rights of the victims of coercion, Moller emphasizes the effrontery of the advocates of coercion:

[I]n my account libertarianism emerges from everyday moral beliefs we have about when we are permitted to shift our burdens onto others. In fact, my account intentionally downplays the role of rights, and is motivated by doubts about what we may demand of others, rather than outrage about what others demand of us.

The effrontery is most blatant when you speak in the first person:

Imagine calling a town hall meeting and delivering the following speech:

My dear assembled citizens: I know most of us are strangers, but of late I have fallen on hard times through no fault of my own, by sheer bad luck. My savings are low, and I don’t have friends or family to help. Now as you know, I’ve previously asked for help from you as private citizens, as a matter of charity. But unfortunately that hasn’t been sufficient. Thus, I’m here now to insist that you (yes you, Emma, and you, John) owe me assistance as a matter of justice. It is a deep violation if you don’t work additional hours, take fewer vacations if need be, live in a smaller house, or send your kids to a worse school, in order to help me. Failing to do so is no less an injustice than failing to pay your debts.

Moreover, calling this an injustice means that it’s not enough that you comply with your obligations by working on my behalf. No, I insist that you help me to force your fellow citizens to assist me. It doesn’t matter if these others say to you that they need the money for their own purposes, that they prefer worthier causes, or if they’re just hard-hearted and don’t care. To the extent you care about justice, you must help me to force these others to assist me whether they wish to or not, since that is what is owed me in light of my recent bad luck.

Could you bring yourself to make this speech?

The fundamental objection to Moller’s position, he thinks, is to claim that governments have “emergent moral powers.”  But Moller firmly denies this.  Governments are just groups of people, so they are morally obliged to follow the same moral principles as everyone else.  While this may seem like libertarian question-begging, there’s nothing uniquely libertarian about it:

It is notable that many who wish to block rights-based objections to state action are nevertheless eager to enter their own moral objections to what the state does. Many of those unsympathetic to attacks on taxation rooted in individual rights also portray the absence of welfare provisions or various immigration policies as “unconscionable.” There is nothing inconsistent about this; the one set of moral claims may be right and the other confused. But the objection then cannot be based on the emergent moral powers of the state. We cannot both reject appeals to individuals rights on the general grounds that morality has nothing to tell us about what may emerge from government institutions, and then do just that, substituting our own preferred brand of interpersonal morality. Once we notice this, support for emergence should shrink drastically, since it will only come from those who think there are no policies of the state that can be rejected on fundamental
moral grounds. The non- emergence assumption per se has no particular ideological leanings.

But doesn’t common-sense morality admit that rights to person and property are not absolute?  Of course; exceptions abound.  Moller sternly emphasizes, however, that these exceptions come with supplemental moral burdens attached.  In his “Emergency” hypothetical, for example, you steal $1000 under duress.  What then?

I propose the following non-exhaustive list of residual obligations for cases like Emergency:

Restitution: although I didn’t do wrong, I must repay the $1,000 if possible, perhaps in reasonable installments.

Compensation: to the extent you are otherwise harmed by my actions, I should attempt to compensate you. For instance, if I smashed your windows getting in or forced you to incur some loss because you had to come home at short notice, I must compensate you at some reasonable rate.

Sympathy: it is incumbent on me to convey, if not an apology for my (permissible) actions, at least sympathy for the harm I have caused you. (“I’m very sorry I had to do that” would be the natural if slightly misleading phrase.) I cannot offer a Gallic shrug at your distress and announce, “I did nothing wrong— it’s your problem” as you survey the wreckage of your home. To do so would exhibit a serious character flaw.

Responsibility: my obligations are not just backward looking, but forward looking. If I can reasonably foresee that some action of mine will put me in the position of facing an emergency that will then render it permissible to harm you, I must take responsibility to avoid such actions if possible. I should not think that I have less reason to take responsibility because I can avoid harms by transferring them to you instead. And failing to take responsibility weakens my claim to impose costs on others when the time comes.

A related principle is worth mentioning as well:

Need: my warrant for harming you depends on how bad my situation is. I cannot harm you if I am doing fine already merely in order to improve my position still further. I may be permitted to take your $1,000 to avert a physical threat, but not in order to make a lucrative investment in order to get even richer.

The political implications are expansive, starting with:

A welfare state justified in virtue of overriding reasons to promote the good of the beneficiaries incurs these residual obligations. Flouting them amounts to unfair burden- shifting. What would it look like actually to satisfy them? For starters, if I were the beneficiary of some emergency medical procedure that a third party compelled others to contribute to— say a state agency— I would be obligated to
repay those charged for my benefit, possibly with some compensatory surcharge. If unable to pay, I would be required to pay in installments, with the agency keeping track of my income and tax records to ensure that my repayment were in line with my means…

Moreover, in repaying, my attitude toward my fellow citizens ought to be one of gratitude for coming to my assistance, as opposed to viewing these services as entitlements due to me as a matter of citizenship. This may seem curious: by hypothesis, the services I received made it past the threshold, meaning that the wealth transfers involved were permissible, and since I am repaying, they won’t
even be net transfers in the long run, barring misfortune. Depending on how badly I needed aid, aiding may even have been obligatory on a third party. Why should I express gratitude for others fulfilling their duties? Consider the Gallic shrug— that supreme expression of indifference at someone else’s misfortunes, while disclaiming all responsibility for rectifying them, frequently encountered
in Parisian cafés. Why shouldn’t I shrug my Gallic shrug at the rich complaining about their tax bill, and point out I merely got what I was entitled to, as would they in a similar situation?

This complaint would be apt if appropriate moral responses were a function solely of whether our acts are required or permissible. But there are all kinds of inappropriate moral responses even when what we have done is permissible or when what the other has done was required. If we are to meet for lunch and an urgent business affair obtrudes itself, I may be permitted to skip our lunch, but
I shouldn’t treat putting you out lightly. What makes a Gallic shrug a vice here is that beneath the outer layer of permissibility there remains an inner structure whereby you have been harmed for my sake, which ought to be a source of concern, leading to some appropriate expression of regret if I am a decent person.  And the same is true in the case of welfare services. This is easy to ignore because
of the opaque veils of state bureaucracy. But behind the faceless agency lie people who are harmed for the sake of benefiting me.

Governing Least manages to be at once readable and dense.  And though you can’t tell from the passages I just quoted, Moller also repeatedly appeals to and grapples with cutting-edge social science.  What, for example, should philosophers think about Greg Clark’s work on the long-run heritability of social status?  Moller’s take will surprise many of you.

Last question: Why do I still prefer Huemer to Moller?  Intellectually, because Huemer’s appeal to individual rights is just more clear-cut than Moller’s objection to “burden-shifting.”  Furthermore, Huemer focuses on the broader case for libertarianism, while Moller self-consciously focuses on opposition to the welfare state.*  And while Moller’s book is beautifully written and well-organized, Huemer’s is stellar on both counts.

Thus, if you’re only going to read one book of libertarian political philosophy, I still say you should read The Problem of Political Authority.  If you’re willing to read two such books, however, read Governing Least.  I loved it.

* Moller: “I also ignore the many noneconomic causes that libertarians have sometimes taken up, like free speech, gay marriage, and drug legalization. This is the fun part of libertarianism and requires little heroism to defend. Many disagree with such policies, but few think their sponsors cruel or ungenerous, while resistance to the welfare state and programs intended to foster economic equality evoke precisely that response.”

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The Most Controversial Belief

Because I’m both a Libertarian and a loudmouth, I’m frequently hit with questions about libertarianism (and the Libertarian Party). Recently this one came up:

“What is the most controversial belief of Libertarians?”

Could it be our support of immigration freedom (and, generally, freedom to travel)?

Or our demand for separation of school and state?

Perhaps our hard-line support for gun rights?

Or our stand for legalization of all drugs?

How about our advocacy for keeping the government out of the sex lives of consenting adults (including marriage, and including sex for pay)?

Or our belief that who you do or don’t do business with — including for healthcare and retirement — is your decision and no one else’s to make?

My answer: It’s all of those, and others. But it really boils down to one issue.

The most controversial belief of libertarians (and partisan Libertarians) is the belief that you’re generally both more entitled and more qualified to run your life than someone else is.

Who considers that belief controversial? “Mainstream” politicians and their supporters.

Why do they consider that belief controversial? Because they consider themselves entitled and qualified to run your life for you, whether you like it or not. And, of course, to bill you for the costs of their supervision.

Politics isn’t persuasion. Politics is force.

Whether the issue is immigration, or education, or self-defense, or drug use,  or sex, or commerce, or, heck, what color you paint your house or how long you let the grass on your lawn grow, the political approach is not to present an argument and trust you to make the right decision. It’s to decide “for” you, then beat you down if you disobey (or fail to pay them for their services).

Libertarianism — even the “political” variety — isn’t really very political at all. It’s anti-political. As one fun meme puts it, libertarians are “diligently plotting to take over the world and leave you alone.”

Libertarians only recognize one valid constraint on your actions: A universal, mutual constraint against aggression, also known as initiation of force.

The simple version, courtesy of Matt Kibbe: Don’t hurt people, and don’t take their stuff.

When you throw the first punch, or pick someone’s pocket, or otherwise forcibly interpose yourself between someone else and that someone’s life, liberty, or property, you’re not running your own life. You’re trying to run theirs.

And that’s the only thing libertarians agree you should be stopped from doing or penalized (in a manner consistent with restitution, not “punishment”) for doing. Even if it’s “for their own good.”

If you’re down with that idea, congratulations: You’re a libertarian.

If you’re not down with that idea, I hope you’ll think it through more carefully.

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Compulsory Schooling Laws Aren’t Progressive, They’re Inhumane

Someone asked me recently if I could wave a magic wand and do one thing to improve American education what would it be. Without hesitation, I replied: Eliminate state compulsory schooling statutes. Stripping the state of its power to define and control education under a legal threat of force is a necessary step in pursuit of education freedom and parental empowerment.

Some argue that compulsory schooling laws are no big deal. After all, they say, private schooling and homeschooling are legal in all 50 states, so state control of education is limited. While it’s true that some parents may have access to government schooling alternatives, many states require private schools to receive authorization in order to operate. Despite ongoing efforts to expand education choice mechanisms, most parents have no choice but to send their child to an assigned district school.Homeschoolers in most states must comply with state or local reporting mandates that in some areas require homeschoolers to take standardized tests or meet state-determined curriculum requirements.

These hoops are for those lucky enough to jump out of compulsory mass schooling. Despite ongoing efforts to expand education choice mechanisms, like Education Savings Accounts (ESAs), vouchers, and tax-credit scholarship programs, most parents have no choice but to send their child to an assigned district school. Even if their child is being relentlessly bullied, even if they don’t feel that the academic environment is rigorous enough, even if they may personally disagree with some of the district’s ideological underpinnings—these parents are required by law to send their child to the appointed public school.

And what if they don’t?

Truancy and Neglectful Parenting

Truancy laws, which originate from a state’s compulsory schooling statutes, grant the full power of the state to come after parents whose children may have spotty attendance records. An in-depth article in HuffPost recently revealed the damaging impact these laws can have on families and children, with parents being pulled out of their homes in handcuffs and sent to jail.

For Cheree Peoples, one of the parents spotlighted in the article whose daughter misses school frequently due to sickle cell anemia that frequently leaves her hospitalized and in pain, enforcement of these truancy laws has been extreme, adding to the stress of her already difficult life caring for a chronically ill child. Awakened in the early hours by police officers who arrested her for truancy, she told the HuffPost: “You would swear I had killed somebody.”

The HuffPost investigation revealed that Democratic presidential candidate Kamala Harris was responsible for much of the heightened aggression toward parents regarding truancy. As California’s attorney general, Harris was a crusader against truancy and was instrumental in toughening criminal prosecution of parents whose children missed too much school. According to HuffPost:

Harris’ innovation was that school authorities and the district attorney would work in concert, articulating the threat of prosecution much earlier in the process and keeping school officials involved long after a case was transferred to court.

Harris held firm to her belief that neglectful parenting was the root cause of truancy, ignoring other potential explanations like lack of education choice for parents whose children may be suffering in their assigned district school. Harris’s actions to aggressively prosecute parents for truancy “were cementing the idea that parents always were the ultimate source of the problem.”

This is all so familiar. Harris, who billed herself as a “progressive prosecutor” for California, likely believed she was doing the right thing for children, saving them from their allegedly neglectful parents. Horace Mann, the “father of American public education” who is credited with helping to usher in the country’s first compulsory schooling statute in Massachusetts in 1852, also considered himself a progressive. At the time, Massachusetts was experiencing a massive immigration wave that, some lawmakers believed, threatened the current social fabric.

The History of Compulsory Schooling Laws

Indeed, between 1820 and 1840, Boston’s population more than doubled, and most of these newcomers were poor Irish Catholic immigrants escaping Ireland’s deadly potato famine. They challenged the dominant Anglo-Saxon Protestant norms of the time, prompting many state leaders to lobby for a new compulsory schooling statute that would mandate children’s attendance in state-controlled public schools. It was for the children’s own good, they said. As William Swan, editor of The Massachusetts Teacher wrote in 1851, just before the first compulsory schooling law was passed:

Nothing can operate effectually here but stringent legislation, thoroughly carried out by an efficient police; the children must be gathered up and forced into school, and those who resist or impede this plan, whether parents or priests, must be held accountable and punished.

Prior to the 1852 compulsory schooling law, compulsory education laws were common throughout the country. Massachusetts again led the way, passing its first compulsory education laws in 1642 and 1647, respectively. These education laws differed fundamentally from compulsory schooling laws. The education laws indicated a state interest in an educated citizenry and compelled cities and towns of a certain size to hire a teacher and/or open and operate a grammar school. It was the town that was compelled to offer schooling, not the parents to send their children there.

This is a significant distinction. A state arguably has the authority to require its cities and towns to provide certain services, but compelling parents to partake of these services under a legal threat of force—as the 1852 compulsory schooling law ultimately did—crosses the line. As the HuffPost article makes abundantly clear, parents, particularly those who are disadvantaged, continue to bear the brunt of these archaic and deeply flawed compulsory schooling laws.

The Solution

The first step to restore education freedom and empower parents with choice and opportunity for their children is to eliminate compulsory schooling laws that authorize state control of education. States could still require cities and towns to provide public schools to those who want them, but the power to compel parents to send their children there would disappear. In its place, a decentralized network of educational opportunities (including, but not limited to, various types of schooling) would unfold, fueled by visionary parents, educators, and entrepreneurs.

Parents, not the state, would decide how and where their children are educated. New possibilities for education innovation would emerge as the shadow of forced schooling waned. Education freedom begins when government compulsion ends.

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Reviewing Paranoia

We often hear about “movies that are better than the book,” but rarely of “book reviews that are better than the book.” Cato’s Alex Nowrasteh has just published one such book review.  Here’s Nowrasteh on Reihan Salam’s Melting Pot or Civil War? A Son of Immigrants Makes the Case Against Open Borders:

The gap in quality between the book described by reviewers above and the actual book Melting Pot or Civil War? is wider than in any other book that I can remember reading. Descriptions of “calm” and “reasonable” are the most perplexing. True, he appeals to Americans “who are willing to meet others halfway” to solve the problems that he’s identified. On the other hand, he also argues that we need to follow his policy recommendations or face a racialized civil war. That is the very opposite of a “calm” or “reasonable” argument. A better description would be “hysterical” or “paranoid.”

Hysteria and paranoia aside, what’s wrong with the book?  Salam engages in extreme reverse engineering, where even the most favorable facts about immigration somehow become extra reasons to oppose it:

For example, Salam disagrees with himself over whether the goal of immigration policy should be to increase wages and employment for low-skilled immigrants and their descendants, or per capita productivity growth in small sectors of the economy. He rightly claims that immigration barely affects wages in the United States, but then argues that a major benefit of stopping low-skilled immigration is higher wages for native-born and immigrant dropouts. Salam correctly points out that low-skilled immigrants today compete mostly against other low-skilled immigrants, so he wants to help low-skilled immigrants here by stopping more from immigrating in the first place.

Much of the book, moreover, is simply odd:

Forgetting everything that he wrote about labor markets, Salam praises a science fiction-esque scenario of “virtual immigration” where workers would work remotely by operating robots in the United States from their home countries — even though the labor market effects of that would at best be economically identical to allowing them to immigrate and work here. Salam argues that “virtual immigration will do more good than harm for U.S. workers, provided we have the right safeguards in place [emphasis added].” Salam does not explain what those safeguards are, how they would prevent competition in labor markets, and why the government couldn’t just apply those same safeguards to prevent labor market competition between low-skilled immigrants and low-skilled natives.


Salam mentions the enormous economic cost to those foreigners who would be locked out of the United States under his preferred immigration policy. He proposes a package of U.S. foreign aid to bribe foreign governments to establish charter cities so that low-skilled immigrants can go there instead of the United States. Oddly, he predicts those charter cities will become “fonts of entrepreneurship and public policy solutions” and that excellent new ideas developed there will enrich America. If low-skilled immigrants are entrepreneurs who will create fantastic new ideas in these charter cities that will eventually make it to America, why not just let them come here in the first place? Why spill so much ink supporting a utopian scheme of charter cities as a solution to global poverty when immigration is a tried and true method?

You might think the “civil war” stuff is just hyperbole on the book cover, but no:

To his credit, Salam does admit that there is no private political violence in American today that is comparable to the chaos before the Civil War, but that “it is hard to shake the feeling that our luck might soon run out.” Civil war is a deadly serious topic and perhaps this reviewer is being too nitpicky, but I require more than Salam’s difficultly in “shaking a feeling” to take his worry seriously. He should have done more to show that the choice is really between his “melting pot” or a “civil war.”

Better yet, Salam should have proposed a bet.  I say that America – indeed, the entire First World – is not only too rich, but too electronically sedated, to physically fight about much of anything.  The risk of civil war in the First World is small enough to make even the trivial danger of terrorism look big by comparison.

If you think me naive, come take my money.

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The Philosophy of Poverty?: My Opening Statement

Here’s my opening statement for yesterday’s poverty debate with David Balan.  Enjoy!

The world is rich, but billions of people are still poor.  What’s the morally right response?

The default view is that the government should dramatically expand redistribution programs, forcing the well-endowed – especially business and the rich – to provide a decent standard of living for everyone.  I strongly reject this default view.

Why?  Most glaringly, because the default view overlooks the fact that governments willfully cause an enormous amount of poverty.  The most effective way for human beings to escape extreme poverty is to move from the Third World to the First World and get a job.  Yet the governments of every First World country on Earth make it almost impossible for the global poor to come.  Economically, immigration is a fantastic deal for both sides, because labor – especially low-skilled labor – is many times more productive in rich countries than it is in poor countries.  A standard estimate says that if anyone could legally work anywhere, this would ultimately double the production of the world.

But First World governments don’t merely prevent the global poor from moving to opportunity.  They covertly do the same to the domestic poor by strictly regulating construction in high-wage parts of the country.  Right now, workers in places like New York and the Bay Area earn far more than identical workers in other parts of the U.S.  However, governments in these areas also keep their housing prices astronomically high by blocking construction.  As a result, most workers – especially low-income workers – can’t profitably move to high-paid areas because housing costs eat up all the gains.  Standard estimates, again, say the harm is enormous; one influential paper estimates that housing regulation has cut total U.S. growth by at least half for decades.

Economists often fret about markets’ “equity-efficiency tradeoff,” but what the evidence really shows is that free markets are ready, willing, and able to give us far more equity and far more efficiency.  Unfortunately, it’s against the law.

Given the situation, governments’ primary moral responsibility is to stop impoverishing people.  If a man habitually attacks strangers, is the sensible response, “That guy should give his victims more money”?  No; the sensible response is, “That guy should keep his hands to himself.”  When people look at poverty and call for redistribution, I say they’re making the same mistake.  If, in the absence of government interference, people are able to solve their own poverty problem, the best government policy is no government policy.  Serious thinkers should loudly proclaim this fact before they breathe another word about poverty.

Since my opponent is a serious thinker, I know that he actually agrees with much of what I’ve just told you.  So where does he go wrong?  Emphasis.  Yes, David favors allowing a lot more immigration and a lot more construction.  He grants that these policies will enrich society in general, and the poor in particular.  But none of this excites him.  Why not?  I’m no mind-reader, but my best guess is that David idolizes Big Government, and resents free markets.  So when he thinks about a grave social problem like poverty, he doesn’t want government to get out of the way and let the free market work its magic.  He wants government to heroically solve it with redistribution.  Even when he knows that government viciously victimizes the poor, he wants to hastily concede the point, then talk about redistribution at length.

Aside: I will happily withdraw this criticism if David spends at least half of his allotted time on the evils of government.

Now David could reply: Sure, government does a lot of bad stuff to the poor.  However, government also greatly helps the poor with massive redistribution programs – and these programs could easily be expanded.  He could even flip my psychoanalysis around: “I’m no mind-reader, but my best guess is that Bryan idolizes free markets, and resents Big Government.  So when he thinks about a grave social problem like poverty, he doesn’t want government to step in and ask the free market to pay its fair share.  He wants free markets to heroically solve it with economic opportunity.”

How would I respond to this?  I’d begin by pointing out that most government redistribution doesn’t even go to the poor.  Most obviously, almost all extreme poverty exists outside the First World, but almost all redistribution happens within the First World.  Less obviously, when you examine the budget, the welfare state focuses on helping the old – and most old people are not poor.  The upshot: Governments could do vastly more for the truly poor without raising taxes by a penny.  Just take the money they fritter away on elderly Americans, and give it to desperately poor foreigners.

To my mind, this would be a big improvement, but still a bad idea.  I don’t just oppose the expansion of government poverty programs.  I oppose the programs themselves.

Why?  In my view, there’s a strong moral presumption against taking people’s stuff without their consent.  This doesn’t mean that it’s wrong to steal a penny to save the Earth.  But it does mean that no one should take people’s stuff without their consent unless they have a really good reason.  And taking people’s stuff without their consent is the foundation of all government redistribution.  Wishful thinking notwithstanding, there is no “social contract.”  Real contracts require unanimous consent – and no government has that.  What about “Love it or leave it”?  It’s silly.  Refusing to move to another country does not remotely indicate consent to anything.

So what counts as a “really good reason” to use redistribution to help fight poverty?  Here are the main moral hurdles to clear.

Hurdle #1. Do we have strong evidence that the social benefits of redistribution far exceed the costs?  It’s OK to steal a car to save your life, but not to steal a car because you’d enjoy it more than the current owner.  The same moral principle holds for government – and due to the complex effects of economic policy, it is especially hard for government to comply.  Redistribution plausibly has big effects on incentives and economic growth, so government has no business doing redistribution until it can credibly rule out major negative side effects.

Hurdle #2. Is government trying to solve absolute poverty – hunger, homelessness, and the like?  Or merely relative poverty – lack of a smart phone or cable t.v?  Using coercion to alleviate absolute poverty is morally plausible, but using coercion to alleviate relative poverty is not.  If you’ve seen Les Miserables, you may remember the part where Jean Valjean sings, “He stole some bread to save his sister’s son.”  It would laughable, though, if he sang, “He stole an iPad to play Halo.”  Since there is little absolute poverty in First World countries, there is simply little moral room for domestic redistribution.  International redistribution is another matter, of course.

Hurdle #3. Can voluntary charity take care of the problem?  If you can handle morally objectionable poverty by asking for donations, there is no good reason to force anyone to help.  And to repeat, you shouldn’t take people’s stuff without their consent unless you have a really good reason.

Hurdle #4. The last, and most controversial hurdle: Are the potential recipients of government help poor through no fault of their own?  Or were they negligent?  Yes, I know this is a touchy subject; morally, however, we must address it.  If a friend asks to sleep on your couch for a few weeks, you normally want to know why he needs your helps – and his answer matters.  “I’m fleeing a war zone” is more morally compelling than, “My wife kicked me out because I drink away all our money.”

Why raise this touchy subject?  Because there is an enormous body of evidence showing that a major cause of severe poverty is irresponsible behavior of the poor themselves: unprotected impulsive sex, poor work ethic, substance abuse, violent crime, and much more.  Just ask yourself: If you engaged in such behavior, how long would it take before you, too, lived in poverty?

When I make this point, people have two radically different objections.

The first is to deny the facts.  I can’t do much to answer this objection during a debate; all I can do is give you a reading list later on.

The second objection, though, is to excuse irresponsible behavior – or even morally condemn anyone who calls behavior “irresponsible.”  I say this second objection is absurd.  If you had a spouse who cheated on you, or was drunk half the time, or kept losing jobs, you would run out of patience for his excuses.  Why should you be more forgiving of total strangers?  While irresponsible people often say, “I can’t help it,” this is just a misleading figure of speech.  Think of all the times you said, “I can’t come to your party,” when what you really meant was, “I don’t feel like it.”  That’s the real story of irresponsibility.

I am well-aware that blameless people do occasionally end up poor.  My point is that the advocates of merit-blind redistribution are morally blind to the possibility that they are mistreating people who have compelling reasons not to help others.  Suppose you have an alcoholic brother.  He’s repeatedly made your life miserable for the sake of his favorite beverages.  Your brother has lied to you and stolen from you.  One night he shows up at your house, begging for help.  You turn him away.  Question: What would you think if a neighbor called you up and berated you for your “selfish attitude”?  I say you should hang up on him, because your neighbor is way out of line.

To recap: I’ve offered no absolute objection to redistribution.  Instead, I’ve pointed to four moral hurdles to clear before we even consider it.  If we take these hurdles seriously, maybe you could salvage a tiny welfare state for indigent kids, the severely handicapped, refugees, and so on.  Before you make even this small exception, though, consider this: When someone has made awful decisions in the past, ironclad rules are often best even though a judicious decision-maker would make minor exceptions.  Given how badly all existing welfare states deviate from defensible moral principles, there’s a strong argument for keeping government out of poverty alleviation altogether.

Last point: If you summarize my position as, “We should do nothing about poverty,” you have totally misunderstand me.  I earnestly favor a radical new War on Poverty.  This War on Poverty, however, will target governments’ horrific policies that deprive the poor of vital opportunities.  Instead of scapegoating people who understandably don’t like paying taxes to support strangers, this War on Poverty will deregulate labor and housing markets so the poor can solve their own problems with dignity.  I am sadly aware that my War on Poverty lacks popular support.  Few progressives want to solve poverty with deregulation – and most conservatives want to regulate immigration even more strictly than we already do.  My War on Poverty, however, is the War on Poverty we ought to be fighting.

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Deadlock and Partisan Bitterness

Why does American politics seem so deadlocked?  The media mostly focuses on issues where Democrats and Republicans refuse to compromise because they strongly disagree: immigration, guns, health care.  But American politics often seems deadlocked even when both parties agree.  For example, supermajorities of both parties want to protect DREAMers, but they’ve never reached an agreement to do so.  How is this possible?

1. Transactions costs.  Hammering out a deal is hard work, so many mutually beneficial deals don’t happen.

Critique: Economists routinely appeal to these alleged costs, but how high can they possibly be?  Seriously, why should it take more than a single day for the DREAM Act to become a law?  Vote, vote, sign, done.

2. The hold-out problem.  Suppose we agree that X is good, but you want X a lot more than I do.  In this situation, it makes sense for me to demand some “compensation” from you even though we basically agree.

Critique: This might make sense for a year or two.  But if we’ve failed to reach an agreement after many years of negotiation, you’d expect both sides to moderate their demands to cut their losses.  Yes, they could conceivably be investing in their reputations for intransigence to secure favorable terms in the future, but does anyone seriously expect to see the day when one party finally submits to the other?

3. Insincerity.  For example, perhaps Republicans only claim to want to protect DREAMers in order to seem nice and reasonable.  In fact, however, they never genuinely favored the DREAM Act in the first place.

Critique: This is often plausible, but it’s hard to see it as a general explanation.  Politicians have clear incentive to lie about their goals, but why would average citizens bother to lie in anonymous polls?

4. Partisan bitterness.  The two main parties intensely dislike each other.  Like a quarrelsome couple, they could find something to fight about at a fancy restaurant on Valentine’s Day.  As a result, the two parties have trouble cooperating procedurally even when they agree substantively.

Critique: This is my preferred story.  What I wrote about divorce a decade ago cleanly explains political deadlock as well:

Unfortunately, the Coasean argument overlooks a pretty obvious fact: Couples contemplating a divorce often hate, loathe, and despise each other. We’ve all heard of stories of divorcing couples deliberately destroying objects of sentimental value to each other. Indeed, many couples in this situation wallow in petty spite; they can’t stop bad-mouthing each other to anyone who will listen.

With these facts firmly in mind, how confident are you that Coase’s zero transactions costs assumption is remotely true? At risk of sounding Austrian, transactions costs are subjective: Bargaining with your mortal enemy hurts.

If this story seems grim, I should add that bitter politics has one major advantage over bitter divorce.  Namely: Partisan bitterness throws much-needed sand into the gears of the state.  Given public opinion, amicable government is likely to be big government.  As long as political antipathy is too shallow to cause civil war, both libertarians and pragmatists should welcome it.  Will Rogers once mused, “Be thankful we’re not getting all the government we’re paying for.”  I’d add, “Be thankful we’re not even getting all the government both parties support.”

P.S. I’m well-aware that deadlock locks existing bad policies in place, too.  But I see little political support for repealing such policies, and broad political support for adding new bad policies.  Tragic, but that’s the world we live in.

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