[From Bill Powers (2006.08.18.0757 MDT)]
Richard Kennaway (2006.08.16.2347 BST) –
For example, as a corrective to
the idea that he, and I, are raving fundamentalists to whom the slightest
whiff of Gummint is the touch of Satan, he writes on problems of
libertarianism and his answers in chapters 41 and 42 of his book,
“The Machinery of Freedom”. Those chapters and some
others are on the web at
http://www.daviddfriedman.com/Libertarian/Machinery_of_Freedom
Just a few words on this. I started chapter 41, and encountered some
discussions about what libertarians think, or might think, about rights.
Here’s a sample:
···
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**One solution to this problem is to reject the idea that
natural rights are absolute; potential victims have the right to commit a
minor rights violation, compensating the owner of the gun afterwards to
the best of their ability, in order to prevent a major one. Another is to
claim that natural rights are convenient rules of thumb which correctly
describe how one should act under most circumstances, but that in
sufficiently unusual situations one must abandon the general rules and
make decisions in terms of the ultimate objectives which the rules were
intended to achieve. A third response is to assert that the situation I
have described cannot occur, that there is some natural law guaranteeing
that rights violations will always have bad consequences and that
committing one rights violation can never decrease the total of rights
violations.
All of these positions lead to the same conclusion. Under some
circumstances rights violations must be evaluated on their merits, rather
than rejected a priori on conventional libertarian natural rights
grounds. Those who believe that rights violations are always undesirable
will be sure that the result of the evaluation will be to reject the
violation, but that does not mean that they can reject arguments to the
contrary without first answering them. Any such argument claims to
provide a counterexample to their general theorem, and if one such
counterexample is true the general theorem must be false.
=========================**At about this point I suddenly saw what Friedman is doing in
this chapter. It’s a paradox. He’s talking about rights. and trying to
persuade the reader that what he is saying is reasonable or acceptable
for a libertarian, while going overboard about property rights is
unreasonable. But if something is really a “right”, what does
persuasion have to do with it? Or even reason? If I have a right, then I
have it, and I don’t need to persuade anyone else or myself that I have
it. It’s like having fingers. You can’t reason me into, or out of, having
fingers.
So what is really going on here? Friedman is examining certain proposals
about the nature and extent of property rights, and is offering his idea
to other people apparently in the hope that they will adopt them. But how
do “rights” come into that? Does a right exist only if I am
persuaded that it exists? Isn’t talking about rights in the way Friedman
does an effort to determine what they “really are?” If we
can all look at the rights and see that his description of them is
correct, then nothing depends on persuasion or logic or verbal reasoning.
All we have to do is look.
Of course we can’t all look at the rights in the same way we can all look
at a mountain. The rights are simply whatever we accept as rights. The
whole point of Friedman’s treatise is to persuade people to agree on a
definition of rights, and agree that as libertarians they will uphold and
affirm those rights. Not only that, it is implied that they will agree to
let logical reasoning determine whether they accept those rights,
treating logic as if it were an external compulsion: if you can prove it
logically, you must agree to abide by the results.
All in all, therefore, it seems to me that Friedman is proposing a rather
elaborate system concept and trying to persuade people to accept it and
support it. By referring to what he is proposing as “rights”,
he is implying that they exist independently of the acceptance of those
they govern, and furthermore that they apply even to people who have not
accepted them. That’s the point of the supposedly rigorous logical
reasoning: the appeal to logic is, in fact, a form of coercion. If
something is logical you have to accept it. Can you be argued into having
a right? Is it even necessary, if there is such a thing as a right? If I
say I have a right, do you have to agree that I have it?
My view is that all social principles are matters for negotiation and
have force only to the extent that they are accepted. Does that make me
more of a libertarian than libertarians? No, because I don’t put any
limits on what people can agree to. How could I? I have no way of
enforcing limits even if I wanted to. If people decide that coercing
others is the way to get along, then that is how they will behave. All I
can do about that is try to persuade them that there are better ways. I
can’t say they are objectively wrong; only that I think they are working
against their own interests in the long run even if they’re better off
now. If I can’t persuade them of that, they will go on as they
are.
The coercive nature of talk about rights becomes obvious when you see
people arguing over them. I think of Charleton Heston standing up in
front of the NRA and saying that the goverment will infringe on his right
to bear arms only over his dead body. I don’t think he had any awareness
of how belligerent and dangerous he looked at that moment – how
rightfully nervous anyone would be at thinking of him in possession of a
gun. Not that he is necessarily a libertarian.
This view is why I look for the reasons that people allow repressive and
coercive governments to exist. There must be something about them that
placates the victims, so the majority of victims actually perceive that
they are better off than before. Since there is no “right” way
to govern or be governed, what other explanation is there? People know
when they feel they are better off – who can tell them they don’t feel
that way? You can argue yourself blue that they really aren’t better off,
but you can’t change their feeling that they are. It’s what they
perceive, not your logic, that matters.
With that understanding, we can stop thinking Cuban Cubans are crazy for
wanting Castro to get well, or that German Germans were crazy for
pointing with pride to the way the Third Reich got the trains to run on
time. People behave according to the way they perceive, what they want to
perceive, and what they accept as true. There is nothing wrong with them
when they do that; on the contrary, they are showing that they are
perfectly normal human beings. This is what I didn’t fully grasp when I
wrote B:CP. Even when people do bad things to each other, chances are
that they’re perfectly normal human beings. If people punish others for
doing things that are agreed to be criminal, they do it because they
really believe that punishment will have some good effect.
That was supposed to be a “few words,” but words have a way of
multiplying. I guess they’re attached to each other, so when one comes
out, it pulls others after it. That must be it.
Best,
Bill P.