I haven’t had time to read the whole thing, but this looks like an interesting and provocative essay.
Category Archives: Philosophy
The Legacy Of Bankruptcy
…of “progressives.”
The Founders’ understanding of the origin of government, in turn, proceeds from a recognition of the difficulty many individuals have in honoring the obligations that flow from the equality principle. Government is formed, in other words, for the express purpose of better enforcing this duty among men, thereby better securing the freedom of all. “If men were angels,” as Madison famously wrote in Federalist 51, “no government would be necessary.” Precisely because men are not angels, because many are strongly inclined to violate the rights of others when it is in their interest to do so, individuals consent to enter into the social compact, and establish government on the understanding it will use its powers to restrain those domestically and internationally who would violate their freedom. In principle, then, the power of government is not absolute but is limited to whatever actions are necessary to secure the natural rights of its members.
By rejecting the existence of natural rights, accordingly, the Progressives consciously repealed this limit: “It is not admitted that there are no limits to the action of the state,” Merriam observed, “but on the other hand it is fully conceded that there are no ‘natural rights’ which bar the way. The question is now one of expediency rather than of principle. . . . Each specific question must be decided on its own merits, and each action of the state justified, if at all, by the relative advantages of the proposed line of conduct.” In devising the content of the law, legislators need not worry about respecting the individual’s natural right to rule himself, because “there are no ‘natural rights’ which bar the way.”
In principle, accordingly, all of the rights previously believed to inhere in the individual — e.g., the rights to life, to physical liberty, to decide whom to marry, to enjoy the fruits of his labor, to speak freely, etc. — were now subject to public disposal. Whether and to what extent government allows individuals to control any aspect of their personal concerns was now purely a matter of how it viewed the consequences of doing so. To illustrate just how far the Progressives were willing to take this, Merriam, in drawing the foreign-policy implications of this change, declared: “Barbaric races, if incapable, may be swept away; and such action ‘violates no rights of these populations which are not petty and trifling in comparison with its [the Teutonic race’s] transcendent right and duty to establish legal order everywhere.’” As Progressive economist and New Republic editor Walter Weyl summed up this shift in 1912, America was now “emphasizing the overlordship of the public over property and rights formerly held to be private.”
Read all.
You Go First
I don’t have time to fisk it properly, but here’s yet another jeremiad against life extension. And note what is missing (as usual). Hint: it’s a very terracentric viewpoint. These people are the new Ptolemists.
Orangutans
Are they people? If so, what rights do/should they have?
Hayek
…versus Hayek. I like them both, actually, but obviously for different reasons.
You First, Pete
Lileks, on Peter Singer and other misanthropes.
I don’t believe that there’s any inherent good in having people on earth. We’re fond of ourselves, but that’s about it.
Uh huh. Well, here’s a question I find more interesting than Singer’s threnodies: if there was no sentient life on Earth, would Nature still be beautiful? Everyone loves the beauty of Nature, after all. Everyone agrees it’s a Good and Wonderful Thing, although some think some spiritual experience can be distilled from its contemplation. I don’t – I sense the inconceivable depths of time, the wonders of natural systems, and find aesthetic pleasures if they mesh with my own preferences, i.e., I like the colors of a sunset, but do not like the face of a spider. There is no moral component to beauty, no ethics in a great forest. I like them, but they are not my Brother or Mother anymore than the bear considers me a distant relative. I prefer a certain amount of distance from Nature, as in the form of walls and roofs and clothing and medicine and so on, and if this makes our lives “disconnected” from Nature, then talk to the beaver, who gnaws down trees and dams streams. But we cannot disconnect with Nature; we’re part of it. We’re just the clever part that figured out how to arm ourselves against its indifference.
We pay Nature the compliment of being Beautiful, but that’s a hard-fought luxury. Nature requires the application of judgment to be beautiful. It requires people.
That’s just as true off planet as on.
The Subjects Of The Constitution
Randy Barnett points to a revolutionary groundbreaking article on constitutional review:
[T]he important point is that any legislative violation of the Constitution is complete at the moment of enactment, and any subsequent facts must be irrelevant to the merits; whereas an executive violation of the Constitution happens later, and the facts of execution may be essential to the inquiry. So if the who is Congress, then the challenge is more likely to be ripe earlier—indeed, most strikingly, it might be ripe immediately after enactment, and before any enforcement whatsoever.
I haven’t read the whole thing, so it may be covered, but from the excerpt, it seems to me that it isn’t just Congress that is the “who.” Once the president signs an unconstitutional law, he becomes a violator as well (as Bush knowingly, even admittedly did when he signed McCain-Feingold, willfully violating not only the Constitution, but his oath of office — if you wanted an impeachable offense, that one seemed prima facie to me).
Irony-Challenged
The man-god who was deposed by a Communist regime says that “Still I am a Marxist.”
“(Marxism has) moral ethics, whereas capitalism is only how to make profits,” the Dalai Lama, 74, said.
How insipid. You would have expected something more resembling wisdom. I’d call it sophomoric, but it would be an insult to actual sophomores.
No wonder Richard Gere likes him.
“It’s Tough To Draw Where The Line Is”
Have researchers created the first artificial life? If not, it certainly seems like a tall milestone marker on the way to that.
[Update a few minutes later]
More at the Beeb.
The Oil Spill
…doesn’t make the case for Big Government:
…the idea that because a person or thing can do some things brilliantly doesn’t mean they do everything well. Some writers can’t count past 10 without taking their shoes off; some artists are tone-deaf; some math whizzes cannot learn languages.
Franklin Roosevelt and Albert Einstein were exceptional talents, but asking them to trade occupations would not have been clever. Like Einstein and Roosevelt, markets and government do different things well.
Government is a big and blunt instrument, while markets are smaller and flexible tools. Government acts for the whole, and gives things one direction; markets react to and serve individuals, respond to a great many small discrete interests, and facilitate the pursuit of happiness by creating demands for a great many diverse and various skills.
The frustrating thing is that doing all sorts of things in which it has no business, and isn’t very good at, it’s neglecting the things that it’s supposed to be doing, and being even more incompetent at them in general.