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Tuesday      
July 6, 2010
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Book Excerpt: ‘Libertarianism A to Z’

By Jeffery Miron

Libertarians are sometimes confused with conservatives because they share a belief in small government, but libertarians would legalize drugs and prostitution, do away with tax-free status for churches, and remove most federal laws banning abortion. We’ll get the Libertarian view of the world from Jeffery Miron, lecturer in economics at Harvard University and senior fellow at the Cato Institute. His book, based on his course on the topic, is “Libertarianism, From A to Z,” excerpted below.

Introduction

What is the appropriate size and scope of government?

Liberals and conservatives offer radically different perspectives on this question, but both advocate big government in many areas. Roughly, liberals support economic regulation while conservatives favor social and foreign policy intervention.

Libertarianism argues for limited government across the board. In broad brush, libertarianism is socially liberal and fiscally conservative, so libertarians want government out of people’s bedrooms and out of their wallets. This description hides a host of more subtle issues, since balancing the pros and cons of different policies is often not

trivial. Thoughtful application of the libertarian perspective nevertheless leads to consistent conclusions about which parts of government are beneficial, and which are not.

The principles of libertarianism point toward legalizing drugs and prostitution, replacing public schools with vouchers, and eliminating farm subsidies, trade restrictions, and middle-class entitlements. Libertarianism opposes regulation of guns, child labor, campaign finance, unions, financial markets, and more. Libertarianism would leave abortion policy to state governments, terminate foreign policy interventions, and get government out of the marriage business. Under libertarianism, government would have roles in national defense, criminal justice, and contract enforcement, but little else.

These positions rely on the idea that, however well-intentioned, government often does more harm than good. Most government generates more cost than benefit because interventions fail to achieve their stated goals and even create unintended consequences, many far worse than the imperfections these interventions were intended to fix. Private arrangements, on the other hand, work better than many people recognize, and imperfections in one private arrangement give rise to others that dampen the harmful effects of the first (and so on) in an ever-evolving, robust system. Markets aren’t perfect; they have to adjust over time and may have inefficiencies. But government is worse.

Libertarianism, from A to Z analyzes existing and proposed government policy in three steps. It first asks whether, in a given arena, the problem that allegedly justifies government intervention is substantial and whether private arrangements might significantly ameliorate it, if a problem exists in the first place. Next, Libertarianism addresses whether, in cases where private mechanisms seem genuinely insufficient, proposed interventions for the problem achieve their stated aims. Libertarianism then considers the positive and negative consequences of the proposed intervention, including its unwanted side effects as well as its direct costs. Libertarianism advocates intervention if, but only if, the entire set of consequences from intervention is better than from laissez-faire, meaning a policy of non-intervention.

I call this approach “consequential libertarianism” because it draws conclusions based on what effects different policies have on the economy and society. This approach differs from the brand of libertarianism called philosophical, or rights-based, which invokes particular principles about liberty or property rights as the basis for choosing between policies (see consequential versus philosophical libertariansm). The consequential approach is, fundamentally, just the insistence that appropriate evaluations of competing policies must consider all their effects, not just a subset or the stated intentions rather than actual impacts.

Few people would dispute that a rational analysis should account for all the effects of one policy versus another. This approach to analyzing policy should not be controversial—but it is. Some worry that the libertarian approach leaves no room for considerations of morality or social justice, but this concern is misplaced. Terms like “morality” and “justice” are just short-hands for consequences that are widely regarded as undesirable. For example, the view that war is immoral is really a consequential conclusion that war causes death and destruction without beneficial impacts that outweigh the harms. Morality and justice fit in the consequential framework just fine, because the approach makes explicit the consequences that underlie views about morality, justice, and similar values.

The potential difficulty with consequentialism isn’t the issue of justice but that policy decisions involve tradeoffs. Every private arrangement is imperfect in some way, while every government policy generates positive and negative effects. So, accepting the consequentialist approach might not seem to settle any issues. To make matters more difficult, some consequences of policy are difficult to quantify, and people hold disparate views about which consequences deserve the greatest weight in policy evaluations. It might seem, in fact, that one can accept the consequentialist perspective and yet disagree radically with the specific conclusions derived in this book.

Where does that leave us? The libertarian claim, which Libertarianism, from A to Z, attempts to substantiate, is that most policies have so many negatives, and private arrangements are sufficiently good, that radical reductions in government make sense for any plausible assessment of the effects of most policies and for any reasonable balancing of these effects. This assessment does not apply in every case; libertarianism accepts a role for government in a few, limited areas. But these interventions—in national defense, criminal justice, and contract enforcement—are the exceptions to the rule.

Libertarianism, from A to Z presents the case for libertarian policy conclusions in a series of short essays about government policies and related issues. This format is meant to make the discussion accessible to a broad audience and to avoid excessive detail when possible. It also aims to help you learn to think like a Libertarian, by applying broad principles systematically and consistently across a broad range of issues. For example, a number of essays explain that state-level intervention is less bad than federal intervention, even if the state interventions are themselves undesirable, because a state-by-state approach allows variety and experimentation that help identify the positive and negative effects of policies.

The ordering of the entries is alphabetical, for want of a better alternative. Each entry is meant to be self-contained, but all of the entries rely upon pursuing the same logical course (one of the key aspects of libertarianism is its consistency in applying a skeptical view to all policies) and ideas that arise in one area spill over to others.

The selection of entries is not meant to be all inclusive, and I’ve intentionally erred on the side of fewer with the hope that general principles emerge clearly enough. There are several kinds of entries: those that discuss general policies (anti-poverty programs), those that discuss specific policies (the Civil Rights Act of 1964), those that discuss relevant historical episodes (the great depression), those that discuss ideas related to libertarianism (utilitarianism), and so forth. Many entries contain cross-references to related entries in the form of a “see also” line.

The discussion focuses on policies that involve large-scale government expenditures, that affect large sectors of the economy and society, and that illustrate key adverse effects of government interventions. Federal policies get more attention than state policies, since federal interventions do more harm. Quantitatively important policies receive greater scrutiny than policies that, however ill-conceived, do not affect many people. The analysis also focuses on the key issues in modern political debates: education, poverty, and discrimination, but also abortion, gay marriage, national security, and campaign finance. The analysis shows that consequentialism consistently evaluates policies based on their effects, not on preconceived assumptions about when intervention is beneficial or how good it might make us feel.

The tone of the analysis is part advocacy, part explanation. While the discussion attempts to make the best possible case for libertarian conclusions, the book attempts to provide a balanced introduction to libertarianism for readers who want to understand the libertarian view, whether or not they find it convincing. This book tries both to indicate in a concise way what the standard libertarian positions are and to outline the main reasons for those positions.

The phrase “libertarian position” is, of course, a simplification. Just as those who consider themselves liberals or conservatives often disagree with their fellow travelers, libertarians differ not infrequently on key issues. Indeed, some libertarians will object vehemently to a few of the conclusions offered here (see, for example, gold standard versus fiat money). But libertarians unquestionably share a broad, common core of judgments about the appropriate size and scope of government, so it makes sense overall to talk about “the” libertarian perspective.

I hope that Libertarianism will, if nothing else, inspire readers to think and talk clearly and honestly about the role of government in society. I am confident that when this happens, policies get better – that is, more libertarian.

(Excerpted from section on Religion)

The prevailing view in the United States and many countries is that governments should be neutral about religion. The first amendment to the U.S. Constitution, for example, states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therefore.”

In fact, U.S. policy is decidedly pro-religion. First, the tax code designates religious institutions as non-profit enterprises and therefore imposes no tax on their revenues (collections, membership fees, bake sale proceeds, and so on). Second, contributions to religious institutions (and other charitable activities) are tax deductible. Third, most religious institutions are exempt from property taxation imposed by local governments. All these special provisions subsidize religious institutions (and other non-profits or charities) relative to for-profit activities and non-charities.

Making policy neutral toward religion would therefore require several changes in current tax codes. Fortuitously, the ideal changes are desirable independent of religion.

The main required modification is elimination of taxes on business income like the corporate income tax. Taxation of business income requires governments to define what constitutes a business, which then creates the opportunity to treat some as for-profit and some as non-profit. If instead the system recognized that all income accrues to people, and only taxed wages, salaries, dividends, capital gains, and so on, the distinction between profit and non-profit businesses would never arise. Taxation of business income is undesirable in part because it gets government involved in inappropriate issues, such as defining religion, but also because it fosters the perception that taxes are free because they can be imposed on business rather than people. This is false, since all businesses are owned by people.

To prevent the subsidy for religion that arises form the deductibility of charitable contributions, tax codes can eliminate this feature (ideally along with all other deductions and exemptions). As discussed under personal income taxation, an income tax system without any deductions or exemptions is likely more efficient than one that treats different kinds of income differently.

Once the tax code has stopped defining for-profit versus not-for-profit activity, and stopped designating some activities as charities, it is straightforward for local governments to impose the same property tax rate on all property. This is again desirable independent of the desire to have policy neutral toward religion: it keeps the tax code neutral about the different possible uses of property.

Libertarians are not for or against religion; they oppose government policies that favor religion, in part because this means government must define what constitutes a religion. This will inevitably favor the status quo at the expense of smaller, newer religions, and at the expense of individual liberty.

Copyright © 2010 by Jeffrey A. Miron, published by Basic Books, A Member of the Perseus Books Group.

 

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Listener comments
  • The libertarians I’ve personally come across strike me as children who think they have the right to do whatever they please regardless of the risks to others. If that’s the case, they can buy an island somewhere. Despite the well-spun rhetoric, we’ve seen time and again that reasonable regulation is necessary in a civil society. And what constitutes reasonable is supposed to be determined largely by the informed People of a representative democracy. Corporations and markets, in which the over-riding motivation is sustained profit growth, often DON’T self-regulate. At least not before the damage is done.

    Posted by Ryan T, on July 6th, 2010 at 1:54 pm
  • I have two anecdotes to support the need for civil rights legislation to prohibit discrimination.
    First, when I lived in Victoria, TX, I worked with a lady of Mexican descent, whose brother fought in Korea. As a serviceman in uniform, coming home on leave on a bus, he was not allowed to eat at the restaurant in the small town that the bus stopped at for a lunch break. He was told to go around to the back of the restaurant and get his order in a bag. Not any respect for a soldier serving his country.
    Second, my husband was a lieutenant bringing 3 of his trainee soldiers on a train across Virginia to another Army post during the Korean War. One soldier was black. The waiter would not serve the black man. My husband complained at the injustice. He remembers being told to mind his own business by superior officers, who said, “This is the way they do things here.” “Go back to where you belong” which happened to be Chicago. My husband, who served from World War II, Korean War, and Vietnam for 36 years, is now 85. He still remembers that discrimination against one of his troups.
    I cannot understand any Libertarian who thinks that Americans do not have the right to service anywhere in the USA, meaning theaters, skating rinks, trains, and cafes, etc.
    Thank you for your program. People should not write about what they don’t know the whole story about. But they are ignorant and I am glad there are programs like yours to give a broader look at the issue.

    Posted by Pat Hawkinson, on July 6th, 2010 at 2:25 pm
  • Robin, what you, and several of you listeners, purposely I believe, omit, is that forced segregation was done BY THE STATE.

    You said something needed to be done becasue dogs were being sicked on people and firehoses turned against them. Why you turn a blind eye to is the fact that this was done by the police, agents of the state.

    Those resturants behaved as they did because they were forced by law to do so.

    The state is not always an agent for good. This is the argument of libertarians. Some of the worst oppressions in history are done by government. Liberals seem to forget this, so do Conservatives when they are the ones in office.

    Posted by Dirk Hamilton, on July 6th, 2010 at 2:34 pm
  • Forgive my horrible spelling in the above post please.

    Posted by Dirk Hamilton, on July 6th, 2010 at 2:35 pm
  • No, the State is not always a force for good, but neither is business. That’s the point, you need a balance of powers. You need some kind of check on absolute control. I’m sorry, business does not always act for the good of their customers, they need regulation. Gov’t does not always act for the good of its citizens, that’s why we have the voting booth.

    The people who say they want as little gov’t as possible usually scream the loudest when their cushy life is threatened. Then they want the gov’t to act.
    Mr. Miron said it himself, he has had a privileged life without persecution. Maybe he should spend some time working with the disenfranchised or poor somewhere, living as they do; this might moderate his view of the pure motives of corporate culture.

    Posted by Jodi Smith, on July 6th, 2010 at 7:38 pm
  • Jodi,

    You’re right that “business does not always act for the good of their customers”, but it does not follow that “they need regulation”. The free market is the ultimate regulator: you can vote with your wallet.

    Government regulation actually plays right into the hands of large corporations, as it creates red tape that their smaller competitors don’t have the resources to fight through.

    Posted by Suboptimal Planet, on July 7th, 2010 at 5:04 am
  • Dirk, notwithstanding your shrill capitalization of “BY THE STATE” the fact is the state functions with the permission of the majority. In the south the voting majority was white and bigoted. If the nation was already moving towards tearing down the Jim Crow structure as suggested by the guest southerners would have been voting out Dixiecrats left and right.

    For a libertarian the voting majority becomes a tyranny of the majority only when it goes against his individual freedom. When it gives him wide permission to his personal tyranny he’s okay with it.

    With that our happy go lucky libertarian white guy is happy to infringe on the individual freedom of blacks to travel this nation freely so long as some white bigot can feel above that person. Would happy go lucky libertarian white guy agree with denying the sale of gasoline to blacks. What about tire or tow service?

    Happy go lucky white guy libertarians don’t really hate big government. They hate the idea that what serves them so transparently well might be shared with others. It’s the old zero sum game.

    Posted by Rick Evans, on July 7th, 2010 at 2:36 pm
  • Rick Evans

    You are entitled to your opinions, but please do not intentionally misrepresent the positions of the Libertarian Party. I believe Miron addressed the point that it was the role of the federal government to strike down the Jim Crow laws, against the wishes of the majority of voters in the southern states, which is consistent with the views of the Libertarian Party. When you infer that an entire group of people are racist, you become no better than the racists themselves.

    Posted by Michael, on July 7th, 2010 at 10:58 pm
  • @Ryan…I believe you have been confused by meeting anarchist friends, not ones who are truly Libertarian. Libertarian believe in the role of a government as a judge and/or ‘referee’ in the enforcements of rights, liberties, freedom and contract. However, we do not see the role of government being the ‘coach’ for every person and business, calling every play and telling them what they can and cannot do. To be a referee is different than to be the coach.

    If one believes in government regulation, you can only do so at the expense of freedom and liberties of another. Regulations control and direct behavior, and can only happen when one person decides that they may dictate that they have more power to control and direct your life, as they please.

    Explain how this in any way Freedom? If you believe so, you must give this deeper thought and realize that you have been sold a bad bill of good. I don’t believe your friends need to get a new island, maybe you should consider relocating to Russia or China? :)

    Posted by Ray, on July 8th, 2010 at 9:40 am
  • On its face, libertarianism seems practical, even prudent. But this is largely theoretical, is it not, since we don’t know for sure what life would be like for us if govt. really did have such a limited role in our lives. My feeling is that the lack of regulation would possibly cause more problems than anything in the end, with so many private interests in competition with one another. :)

    Posted by Steve, on July 9th, 2010 at 1:07 pm
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