David Friedman: A Consequentialist Theory of Anarcho-Capitalism (1h47m)

This episode features a lecture by economics professor David Friedman from 2013. He looks at anarcho-capitalist political theory from its consequences in the economy and to society. Purchase books by David Friedman on Amazon here.

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Meet Virgil Griffith: America’s Newest Political Prisoner

On November 29, FBI agents arrested hacker and cryptocurrency developer Virgil Griffith. His alleged crime: Talking.

Yes, really.

The FBI alleges that Griffith “participated in discussions regarding using cryptocurrency technologies to evade sanctions and launder money.”

Griffith, a US citizen who lives in Singapore, gave a talk at conference on blockchain technology in April. Because that conference took place in North Korea, the US government deems him guilty of violating US sanctions on Kim Jong-un’s regime.

But last time I checked, the First Amendment protected Virgil Griffith’s right to speak, without exceptions regarding where or to whom.

And last time I checked,  the US Department of Justice’s jurisdiction didn’t encompass Singapore (where Griffith lives), China (which Griffith traveled through), or North Korea (where Griffith spoke). The charges against him include traveling, while outside US jurisdiction, to places the US government doesn’t like.

In what universe is it the US government’s business where an individual travels to or what that individual says while he’s there, inside or outside the US itself? Certainly not any kind of universe in which America remains a free society.

What kind of state arrests people for going where they please and saying what they choose without that state’s permission? A police state.

Griffith’s arrest is wholly illegal under the US Constitution and wholly unacceptable to anyone who holds freedom as a cardinal value.

Virgil Griffith is just the latest political prisoner of the US government to come to public notice.

The US government imprisoned US Army intelligence analyst Chelsea Manning, journalist Barrett Brown, and others for telling us the truth about that government’s conduct, and would love to do the same to Julian Assange,  Edward Snowden, and others for the same reason.

The US government imprisoned Ross Ulbricht for running a web site on which people bought and sold things that government didn’t want them to buy and sell.

The US government has held, and continues to hold, too many political prisoners to name in a single column.

The US government increasingly attempts to dictate where all of us may go, and what we may say while there, on pain of arrest and imprisonment.

That’s not right. That’s not freedom. That’s not America.

Virgil Griffith and the others I mention aren’t the criminals — their persecutors are. At some point, we must bring them to justice if human freedom is to survive. Until then, resist much, obey little.

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Controlled Choice Isn’t School Choice

I recently heard the term “libertarian paternalism.” It was presented in an article about health care, specifically doctor-patient relationships, as a strategy for helping patients choose among the various best options the doctor recommends. There were many good points in this article about personalizing medicine, but that term made me cringe. Taken literally, “libertarian paternalism” means the free will to select among the choices that some authority figure determines is in your best interest. I don’t like this term, mainly because it’s an oxymoron. The dictionary definition of “libertarian” is a person who believes in the doctrine of free will. To add a caveat that limits free will to options chosen by some allegedly omniscient actor rubs me the wrong way. And yet, we see this contradictory and demeaning idea enacted in many areas of life, especially education.

The comparable term in education is “controlled choice,” or the idea that someone will pre-select among the best options and then allow an end-user (e.g., a student or a family) to choose from among those established options. At the student level, controlled choice might look like a teacher announcing a unit on US presidents and then letting the learner pick which one to research. Central planning, even when seemingly well-thought-out and with good intentions, ultimately restricts free will.Or it could look like a lesson on mammals in which a teacher allows the child to pick the elephant group, the bat group, or the whale group. In this environment, the teacher (or curriculum developer) decides what the child will learn but allows the child some discretion. It’s a lot like reading a choose-your-own-ending book: It can make the story more enjoyable, but only if you are interested in the overall theme. We can contrast controlled choice at the learner level with self-directed education in which the child is fully in control of what, how, when, and with whom she learns.

At the macro level, controlled choice manifests in policies that allow families some degree of choice over their assigned district school, as long as it meets a district’s overall enrollment distribution goals. My city, Cambridge, Massachusetts, was one of the first to enact this type of controlled choice program in 1981 as a way to let families choose among the city’s various public elementary schools through a ranking system, as long as each school met its preferred socioeconomic distribution quota. The goal was economic integration and improved academic performance, particularly for disadvantaged students, while retaining some choice beyond a zipcode school assignment.

Controlled Choice Programs Results

But new research reveals that controlled choice programs in many urban districts have not achieved their intended goals of socioeconomic integration or the narrowing of achievement gaps between high- and low-income students. An in-depth analysis by David Armor of the Cato Institute finds that not only were intended goals not reached but also that unintended consequences, including “white flight,” were widespread in controlled choice districts. Armor concludes:

Most larger school districts that have implemented controlled-choice plans have experienced (or are experiencing) demographic changes like those experienced during race-based busing, meaning the loss (or “flight”) of white and middle-class families. Moreover, there is ample evidence that economic diversity is not producing academic benefits for poor children in these districts. In other words, controlled choice can bring much pain and controversy for little or no educational gains, at least as measured by test scores.

Central planning, even when seemingly well-thought-out and with good intentions, ultimately restricts free will. Concerned that when given real freedom individuals will make the wrong choice, those with power often seek to limit—or control—choice. It is true that freedom means the freedom to make bad choices, but that isn’t a compelling reason to curb one’s freedom to choose. It’s also important to note that what constitutes a “bad choice” is subjective. Individual freedom means toleration of individual choices. As the Nobel prize-winning economist F.A. Hayek wrote in The Constitution of Liberty:

What is im­portant is not what freedom I per­sonally would like to exercise but what freedom some person may need in order to do things bene­ficial to society. This freedom we can assure to the unknown person only by giving it to all.

Hayek goes on to say that the essence of real freedom is humility. He wrote:

All political theories assume, of course, that most individuals are very ignorant. Those who plead for liberty differ from the rest in that they include among the ignorant themselves as well as the wisest.

Controlled choice, libertarian paternalism, or any number of similarly discrepant terms suggest that appointed wise ones should have the power and influence to coerce others through policy or decree. Those of us who truly believe in the doctrine of free will should recoil at attempts to add qualifiers to its promise.

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State Gun Control in America: A Historic Guide to Major State Gun Control Laws and Acts

The Second Amendment guarantees American citizens the right to bear arms, but both federal and state governments determine how citizens may legally exercise that right. And while both federal and state gun control laws regularly change, laws at the state level change more frequently and often without the media coverage that surrounds changes at the federal level.

This results in a constant challenge for gun owners to keep up with the latest state laws, especially for those who carry their weapons across state lines. Because while some states have more restrictions than others, state gun control policies across the country are diverse and can change quickly – too easily putting responsible gun owners on the wrong side of the law.

This guide is a timeline of major state gun control acts throughout the history of the United States – not only to help gun owners understand the state laws that have influenced our nation, but also to showcase how one state’s gun laws can set an example for others, creating a domino effect of gun control policy for the entire country.

Colonial America: Slavery Versus The Second Amendment

Pre-Constitution, the original Articles of Confederation established that “every State shall always keep up a well-regulated and disciplined militia.” The Bill of Rights’ Second Amendment holds that “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” However, those rights were at that time granted specifically to white males.

Fear of slave and Native American uprisings prompted many colonial states to establish laws banning “free Mulattos, Negroes and Indians” from having firearms. By the antebellum period, southern states like South CarolinaLouisianaFloridaMarylandGeorgiaNorth CarolinaMississippi and even Delaware all had various laws denying guns to people of color and allowing search and seizure of weapons as well as punishment without trial. Crucial to all of this was the Supreme Court case Dred Scott v. Sanford.

Previously a slave, Dred Scott sued for freedom based on the fact that he’d lived in the free state of Illinois and a free area within the Louisiana Territory for a decade. When his suit was unsuccessful in Missouri, he appealed to the federal courts. The contention was whether “a free negro of the African race, whose ancestors were brought to this country and sold as slaves,” was a citizen with protections under the Constitution. The Supreme Court decision on Dred Scott v. Sanford in 1857 denied “a free negro of the African race” citizenship – a milestone its issuer cited as “the most momentous event that has ever occurred on this continent,” excluding the Declaration of Independence. In that moment, those denied citizenship were also excluded from any of the rights associated with it.

After The Civil War: The Postbellum Era, Emancipation, Reconstruction, and the Black Codes

While President Abraham Lincoln’s Emancipation Proclamation freed all slaves, President Andrew Johnson’s failing leadership brought with it all the struggles of the Reconstruction Era. Meanwhile, the Supreme Court Dred Scott decision still denied people of African descent citizenship.

Former Confederate states enacted Black Codes to define and restrict freedmen’s positions within society. Along with mandating legal responsibilities, land ownership rights, contract labor wages and harsh criminal laws, nearly all the Black Codes effectively and pointedly banned “persons of color” – anyone “with more than one-eighth Negro blood” – from possessing firearms. MississippiSouth CarolinaLouisianaFloridaMarylandAlabamaNorth CarolinaTexas and Tennessee all enacted Black Codes, attempting to maintain the status quo and deny weapons to people of color.

The 13th, 14th and 15th Amendments banned slavery, provided all citizens equal protection under the law and ensured voting rights for all citizens. The 14th Amendment was particularly important, as it defined citizenship as “all persons born or naturalized in the United States,” overturning the Dred Scott decision, establishing people of color as citizens and overriding state statutes denying them the right to possess firearms based on their heritage.

Continue reading State Gun Control in America: A Historic Guide to Major State Gun Control Laws and Acts at Ammo.com

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No, House Democrats Aren’t Violating Trump’s Rights

“If the facts are your side,” famed attorney and former law professor Alan Dershowitz instructed his students, “pound the facts into the table. If the law is on your side, pound the law into the table. If neither the facts nor the law are on your side, pound the table.”

As Republican attacks on the US House of Representatives’ impeachment inquiry grow in fury, they more and more resemble the third instruction in Dershowitz’s maxim.

The latest Republican angle on the inquiry is that House Democrats are violating President Donald Trump’s constitutional rights under the Sixth Amendment.

“Impeachment is a legal proceeding,” writes Federalist Society Chairman and law professor Steve Calabresi at The Daily Caller, “and just as criminal defendants have constitutional rights in criminal trials so too does Trump have constitutional rights, which House Democrats are denying him.”

These rights, says Calabresi (and the US Constitution’s Sixth Amendment) include the right to a speedy public trial, the right to be informed of the charges against him, and the right to be confronted with the witnesses against him.

At first blush, these might sound like cogent legal arguments — pounding the law into the table, so to speak. But they’re not. They’re just pounding the table.

Calabresi calls impeachment a “legal proceeding,” but that term appears nowhere in the Sixth Amendment. The rights protected therein are protected in “criminal prosecutions.” Impeachment is not a criminal prosecution.  The maximum penalty is removal from office. It’s an employee disciplinary proceeding of sorts.

To the extent that the process does resemble a criminal prosecution, the House inquiry function is analogous to a police investigation or a grand jury probe. As of yet there are no “charges” for the president to be informed of.  A House vote to impeach is the equivalent of  filing charges or handing down an indictment. That happens at the end of, not during, the inquiry.

If the House votes to impeach, there will be a trial in the US Senate. At that point the “prosecution” will identify those whom it intends to call as witnesses, and Trump’s attorneys will “be confronted with” those witnesses and have an opportunity to vigorously cross-examine them.

Calabresi’s claims are the equivalent of arguing that if a 911 caller reports a bank robbery in progress, the suspects’ constitutional rights are violated unless the police chief takes them and the 911 caller out on the bank’s front steps and lets them argue the matter in front of a crowd — before charging the suspects, and whether or not the caller would be summoned as a trial witness.

When Trump’s defenders merely pound the table, the presumptive reason is that they’re fresh out of fact and law to pound instead.

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Jojo Rabbit: A Choice Between Authentic and False Community

“You’re not a Nazi, Jojo. You’re a ten year-old kid who likes dressing up in a funny uniform and wants to be part of a club.”

Jojo Rabbit

“Love is the strongest thing in the world.”

“I think you’ll find that *metal* is the strongest thing in the world, followed closely by dynamite, and then muscles.” 

Jojo Rabbit

You know it’s a good movie when you clap spontaneously, laugh like a maniac, and feel your heart torn to shreds in the same two-hour stretch.

Jojo Rabbit is that movie.

Saw it last night and have a lot to say about it. If you haven’t seen this wonderful movie, stop reading, watch the trailer, and get your tix. If you have seen it and want to discuss, keep reading.

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SPOILERS BELOW

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This is a movie about the choices between authentic living and belonging and the false kinds of life and belonging offered in conformity to the mass. In this case, that mass is totalitarian Nazi Germany’s obedience and death cult.

The Default: Belonging to the Mad Collective

The movie starts with young Johannes (Jojo) heading off to summer camp to “become a man,” (despite not being able to tie his own shoes) sprinting away to the delightful tunes of The Beatles “I Wanna Hold Your Hand” in German.

Turns out summer camp is more like a Hitler Youth training camp for 10 year-old soldiers. The sad (and hilarious) absurdity of the Nazi’s doomed experiment is quickly apparent, even though Jojo tries to go along with it all.

But he refuses to do one thing: when ordered to kill a defenseless rabbit, he refuses. That earns him the nickname “Jojo Rabbit” from the older Hitler Youth bullies in one of the first scenes of overt monstrousness. In an attempt to strike back, Jojo decides to double down on the “brave Nazi warrior” thing and wounds himself with a grenade.

We see that Jojo is evidently different. He is gentle. He is sincere (if sincerely brainwashed). And he isn’t exactly fitting in – he has precisely one real friend.

Did I mention his other friend is an imaginary version of Adolf Hitler?

Jojo heads into this story longing for acceptance and belonging in the suicidal death cult that is his culture. It’s hard to imagine that so many other kids shared the same backdrop for growing up, but that’s why this film is so important.

The Choice

We soon learn about one big reason for Jojo’s decent heart.

His mother Rosie (played by Scarlett Johansson) is a woman of kindness, independence, ferocity, humor, and imagination. In other words, she is everything the Nazis are not. Humor and imagination are bulwarks against tyranny in Rosie’s home, and her playful, loving interactions with Jojo are some of the most touching moments in the film.

We also learn that Rosie is part of the German resistance, and (much to Jojo’s horror) she is hiding a young Jewish girl in Jojo’s deceased sister’s bedroom.

Determined to write a book on Jewish people (all the better to defeat them, to his mind) Jojo begins to get to know the young woman, whose name is Elsa. Terror turns into curiosity, curiosity turns into tolerance, and tolerance turns into friendship – and later a serious crush.

As Germany falls apart in the latter days of the war, Jojo experiences a central transformation: from imaginary friendship (with Hitler) to his true friendship with Elsa. He finds true belonging in a human relationship with an unconquered individual with a rich inner life. At the same time, the false sense of belonging in the world of Nazi-dom loses its luster.

Then Rosie is hung for her participation in the resistance, and the Nazi dream (nightmare, rather) of Germany is falling apart all around Jojo’s ears. Kids, civilians, and old German shepherds (actual shepherds, not dogs) are conscripted to defend the city in a last desperate fight. Little boys who stayed in the “club” of the Hitler Youth are used as cannon fodder – a horrifying look at where inauthentic “belonging” ends up.

Authentic Living and Belonging

When the dust settles, Jojo and Rosie have each other. And though Jojo is afraid, he makes the decision to set Rosie free.

Before he does so, a brain-spattered Hitler – once his imaginary friend – warns him that unless he chooses the totalitarian way, he will end up in a “desert of insignificance.” It’s notable how the affable and goofy Hitler of Jojo’s earlier imagination has become something truly worthy of hatred and resistance.

Jojo responds appropriately: he kicks imaginary Hitler out the window with a well-placed foot to Nazi nuts.

In a perfect closing of a loop, he ties one of Elsa’s shoes for her as she prepares to step outside.

And then they dance.

Jojo goes from being his society’s false idea of “being a man” to “doing what he can” (as good a definition of true manhood as any).  Elsa, who had a childhood denied to her, found her imaginative inner life in Jojo and now takes a step into free womanhood in the outside world.

But more importantly, both found what it meant to live authentically and to belong authentically.

This movie shows life’s resilience and beauty despite tremendous evil. Rosie knew that:

“As long as there’s someone alive somewhere then they lose.” 

When evil seems most powerful, we all have to remember to keep our inner lives alive, as Rosie did, as Elsa did, and as Jojo did.

Originally published at JamesWalpole.com.

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