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November 29, 2004

Red Meat

Sick of all my "libertarianism doesn't stop at water's edge" schtick?

Then do yourself a favor and pick up some holiday copies of my friend and colleague Gene Healy's new book, Go Directly to Jail.  Gene gives a brief overview here, but in case you're too lazy to click over, it's basically some good ol' fashioned libertarian red meat, demonstrating the trends in criminal law towards gross mandatory sentences, federalization of crimes that have been traditionally (and constitutionally) dealt with by states, and just the simple overcriminalization of stupid things that shouldn't be criminal at all.

You owe it to yourself to keep up with this stuff.  Gene's a swell editor, so I imagine the thing reads like a dream.  Be a good libertarian and go pick up a copy.

More on Liberventionism

My friend and colleague Radley Balko has a point-by-point (by point!) refutation of Ryan Sager here.

November 28, 2004

The Poverty of Philosophers

Maxwell Borders offers a critique of my post in response to Ryan Sager's TCS piece.  Borders takes issue with several claims, open and implicit, that I advanced:

First off, talk of rights seems to make Borders...well, angry.  (ANGRY!)  Borders laments that I'm sounding what he calls the "timeless refrain of the naive libertarian," by talking of rights.  For Borders, the question is: "How do you arrive at these rights?  Faith?  Wish?  Hope?  You don’t know." 

Borders asserts that the notion of rights comprise my "first and last article of faith," and that I need to "go back to the theoretical drawing board" and start over, disregarding the work of centuries of philosophers to make the case for rights.  In so doing, however, I'm not allowed to "cite some scholar, like Nozick or Rawls (or some guy at Cato)."

Well, goodness!  That is a daunting task!  Borders' apparent animus towards the concept of rights notwithstanding (or perhaps in spite of it), I would refer him for one reasonable justification of rights to former anarchist Randy Barnett, who applies the natural law (given/if/then) line of reasoning to the notion of rights.

Of course, I'm not a philosopher, but if it will bring us together, I am willing to concede that rights don't exist in the same way as noses exist, or even in the same way as dumb ideas exist.  Of course rights are a way of talking about things, and not some sort of object in and of themselves.  But since I don't believe that pop philosophy has all that much to offer the field of foreign relations, I'd be content to take criticism from philosophers that IR people don't have much to offer contemporary philosophy.  (If anyone is interested in what appear to my non-philosopher eyes to be pretty devastating critiques of Borders's application of his philosophy to the field of international relations, you can go here or here or here.)

I do know enough about libertarianism, though, to think that Borders has gone off the deep end when he asserts that "real rights...are conferred solely by...political institutions (and military power)..."

In the spirit of Jiu Jitsu, I would turn Borders's own admonition back onto his formulation of "real rights."  How do these real rights come about?  Because governments give them to us?  Can they just be taken away by governments?  Are those who live under despotic governments simply holders of fewer rights, or is it that the rights they possess a priori are being violated by their governments?  I can't quite make sense of this, but perhaps Borders can explain how it's a remotely libertarian position to claim that people don't have rights until governments (bless them!) bestow them upon us.

Then Borders takes up my invocation of the notion of mediated and unmediated consequences put forth by Robert L. Holmes in On War and Morality.  (Holmes was fleshing out the moral distinction between killing and letting die, and demonstrated that there are deaths as a direct result of actions ("unmediated consequences") and deaths as an extended result of (in)actions ("mediated consequences").)  But in responding, Borders really opens the kimono:

Huh?  Mediated, non-mediated?  Moral weight?  OK, I don’t believe that the life of an Iraqi has the same “moral weight” as mine or any other American’s.  But that is a political distinction, not really a moral one.

If Borders is attempting to assert here that the U.S. government should value Americans' lives over the lives of those in foreign countries, fine.  But saying "I don't believe that the life of an Iraqi has the same 'moral weight' as mine or any other American's" sure seems like a moral distinction.  One hopes that Borders isn't relegating foreign citizens to 3/5 of an American or some such.  In light of his rather odd view of what "real rights" are, it would be good if Borders could clarify whether holders of fewer rights are of the same moral significance as we enlightened Westerners.

Borders wraps things up with a straw man:

The burden of proof is on Justin Logan to show why any nation should not do what it perceives to be in its interests – but especially on grounds of so-called universal rights.

I never recall having asserted that "based on universal rights, nations should not pursue their perceived interests."  My complaint about the current course of our foreign policy is that the perceived interests have been so obscenely polluted by various influences that the present administration couldn't tell the national interest from a hole in the ground.  I would assert, though, that the rights that foreigners possess (again, it may be the case that Borders believes that foreigners don't possess rights) should act at least as a side-constraint on state killing abroad.  That is, when there is not an overwhelming need, you can't just go around slaughtering foreigners.

Now, Borders thinks that there is an overwhelming need to change the social fabric of the Muslim world in order to secure the country.  I disagree with this claim, but will accept it for the sake of argument.  Borders is free to reject the rights-based libertarian argument, but how does he get around the prudential/consequentialist argument?  I offered both to Sager, but Borders didn't take up the consequentialist argument at all.  I think it was best formulated by Matt Yglesias:

the notion that anything even remotely resembling libertarianism could underwrite an effort to conscript huge quantities of resources from the American public and deploy them in an attempt to wholly remake the social and political order in a foreign country is too absurd to merit a rebuttal. This is an argument properly directed at egalitarian liberals, and we have reason to be asked to produce some specific arguments about why the dim prospects for succeeding at this were ex ante knowable (such arguments can, I think, be fairly easily produced) and/or why, given the opportunity costs, nation-building in Iraq was not a wise place to deploy the resources in question (this argument, I think, can be produced very easily). As long as the conversation is supposed to be proceeding on the shared basis of libertarianism, however, one hardly needs to say anything. It's coercion, it's planning, it's every non-libertarian thing under the sun.

This is what I think the pro-war libertarians need to take up.  And in addition to that, there's another theoretical point I'm not quite clear on.  How is it that centralization and accumulation of state power domestically is a supreme bogey man, but the total aggrandizement and wielding of power by one's own state in the international sphere is an unmitigated good?  We can certainly agree that U.S. state power is less malignant than, say, Chinese state power, but under what system of logic does it follow that we should therefore massively increase the existing power imbalances in the international sphere and make sure that at the same time we're increasing our power, we wield that power promiscuously and to the fear and chagrin of other power centers in the international arena?  Is there a point at which libertarian instincts and reasoning should apply to an international Leviathan, or does American state power have some unlimited benevolent force behind it -- one that appears when entering the foreign arena -- that takes it out of the traditional libertarian views of power and into some statist views about the nature of one's own state and its infallible goodness vis-a-vis other states?  Can the U.S. government ever have or wield too much power internationally in the view of the libertarian hawks?

Ah, Moral Clarity

From today's WaPo:

On the morning of Oct. 5, Iman Hams, a slight girl of 13 wearing a school uniform and toting a backpack crammed with books, wandered past an Israeli military outpost on the Gaza Strip's southern border with Egypt.

The Israeli captain on duty alerted his troops to reports of a suspicious figure about 100 yards from the outpost. Soldiers fired into the air, according to radio transmissions, military court documents and witnesses.

"It's a little girl," a soldier watching from a nearby Israeli observation post cautioned over the military radio. "She's running defensively eastward. . . . A girl of about 10, she's behind the embankment, scared to death."

Four minutes later, Israeli troops opened fire on the girl with machine guns and rifles, the radio transmissions indicated. The captain walked to the spot where the girl "was lying down" and fired two bullets from his M-16 assault rifle into her head, according to an indictment against the officer. He started to walk away, but pivoted, set his rifle on automatic and emptied his magazine into the girl's prone body, the indictment alleged.

"This is Commander," the captain said into the radio when he was finished. "Whoever dares to move in the area, even if it's a 3-year-old -- you have to kill him. Over."

The girl's body was peppered with at least 20 bullets, including seven in her head, said Ali Mousa, a physician who is director of the Rafah hospital where her corpse was examined.

An investigation was undertaken, and the military's top commanders -- including the chief of staff, Lt. Gen. Moshe Yaalon -- said repeatedly that the captain had acted properly under the circumstances. But Israeli newspapers published graphic accounts by soldiers who said they witnessed the incident, and Israel's Channel 2 television aired recordings of the radio transmissions.

As a result, the company commander -- identified by the army only as Capt. R -- was indicted this past week on charges of misuse of a firearm, ordering subordinates to lie about the shooting and violation of military regulations. In addition, the military moved to reexamine the investigation, which Yaalon conceded had been "a grave failure" and which the indictment alleged was the subject of an attempted coverup.

Umm, "misuse of a firearm"?  Is there a scenario under which an Israeli captain gunning down a 13 year old girl who was, by other Israeli troops' accounts, "running defensively" and "scared to death" would be considered "murder"?  Can somebody explain why this wouldn't fit the bill for at least a charge of murder?

To be sure, there might be much more to this story that mitigates the scenario.  But the allegations of the other Israeli soldiers, coupled with the government's initial response to the incident, paint a pretty dismal picture of the accountability and integrity of elements of both the Israeli army and the Israeli government.  This kind of thing would piss me off doubly were I an Israeli.

November 22, 2004

And Now, Silence

Am on vacation.

Taking rest of week off.

Happy Thanksgiving.

Be back this weekend.

Rethinking NY Post Libertarianism

(This post is in response to this article, penned by Ryan Sager, a NY Post columnist.  You would do well to read that article first, since this post will make better sense if you've read the arguments he presents in their entirety first.  The arguments here are mine entirely, and in no way should be attributed to any institution with which I am affiliated.)

I have a lot of respect for some of the libertarian hawks.  There was a perfectly coherent, libertarian argument, that went, "Saddam is preparing to attack us.  We know that he has WMD, and the government is telling us that he is going to use them to attack us.  After 9/11, we can't allow him to do that."

That was a perfectly coherent argument, and one I almost bought.  Thankfully I didn't, but honest, smart, libertarian people could have made it.  I know several libertarians who thought that, and have since retracted, allowing that they were misled by the administration and shouldn't have believed what the government was telling them.  It takes a lot of intellectual balls to admit that, and I hold such people in high esteem.

There also seem to be people who bought that argument, but don't recognize that it's been proven untrue.  These people continue to deride antiwar libertarians for their "unseriousness" and "incoherent" views without a hint of irony.

Ryan Sager is one of those people.  It takes a lot of intellectual chutzpah to level such charges right now.  Sager claims that antiwar libertarians need to "get serious" about foreign policy, and cozy up to the Republicans.  Let's take a look at a few of the charges Sager levels:

[After 9/11] Instead of reassessing their minimalist instincts when it comes to intervention abroad, many in the institutional centers of the libertarian movement -- principally at the Cato Institute and, to a lesser extent, at Reason magazine -- have remained mired in a pre-9/11 mindset.

Sager has presented no argument why libertarians should "reassess their minimalist instincts."  Cato's scholars promptly urged the president to take action against the perpetrators of the 9/11 attacks, and to uproot their sanctuaries in Afghanistan.  [Sager previously characterized those who took this position but objected to Iraq as being "pacifists," but has subsequently sort of recanted.] 

The reason, perhaps, that Cato's scholars have not jettisoned their "minimalist instincts" and adopted what Sager seems to dub the only appropriate "post-9/11 mindset" is because Cato's policy was right all along.  Back as far as 1998, Cato was authoring papers along the lines of this one, titled "Does U.S. Interventionism Abroad Breed Terrorism?  The Historical Record."  Sager, for someone who used to work at Cato, seems not to have read much of Cato's work on the issue.  (More on this to come.)

As for being "mired in a pre-9/11 mindset," Sager presents no argument for what, specifically, an acceptable "post-9/11 mindset" would be, other than presumably more receptive to a misleading case for pre-emptive war or a utopian case for preventive war.  Why noninterventionists should have ditched their principles and started supporting promiscuous interventions abroad after 9/11 remains unclear.  Prudent foreign policy thinkers wondered what invading Iraq would do to public opinion in the Middle East, the region we intended to transform.  With views of the U.S. in middle- to high single digits in most Muslim countries, hearts and minds seem rather far off.

Sager goes on to make a long, if nauseating case, that in case intellectual honesty is preventing noninterventionists from selling out, the prospects of political favor should help.  Sager argues that getting rid of the libertarian position on foreign policy would allow libertarians to garner more "sway within its traditional home, the Republican Party."

For Sager's information, Cato is nonpartisan.  Though we seem to have made some inroads with the R's on Social Security privatization, they have been no friends of ours on quite a few issues for some time.  Drug legalization, federalism, constitutional interpretation, trade policy, social policy, and civil liberties have been just a few of the issues that have kept libertarians from lying in bed too long with the Republicans.  I, for one, am okay with that.  Helps me sleep at night.

Sager then presents a list of indictments against Cato's post-Iraq invasion foreign policy scholarship:

On Dec. 13, 2003 -- after the March 2003 invasion -- Cato published a policy analysis titled, "Iraq: The Wrong War."  ("We told you so!")

Well, it seems that in the wake of the sweeping warmaking principles put forth by the Bush administration, one might want to look back and see how things worked out.  Just because you're right doesn't mean you don't get to write.

On Jan. 5, 2004, Cato published "Can Iraq Be Democratic?"  (Cato's answer: "No.")

Sager should read papers before he criticizes them.  Patrick Basham, the author of the paper in question, is anything but an antiwar ideologue -- he is a serious scholar who wrote a comprehensive, meticulously footnoted paper on what criteria Iraq would have to meet to have a hope of emerging as democratic in light of the historical record.  Sager demonstrates convincingly that he hasn't bothered to read the paper later in his own article when he offers the novel suggestion that "[l]ibertarians could delve into questions of nation-building -- all the better to help us disentangle ourselves from where we're entangled more quickly. What are the prerequisites of a free society? How can they be fostered?"  Thanks, Ryan, but we've done that.  Just because the evidence doesn't comport with your worldview doesn't mean that you get to claim it doesn't exist.  Read the paper first.

Sager goes on to claim that attempts to extricate ourselves from the Middle East would amount to "surrender" and "a sign of weakness."  One wishes that he could at least have leveled the charge of "appeasement," which has become so nauseatingly frequent that I almost think of it as a term of endearment.  Sager is partly right here: getting out without allowing for a sense of surrender or weakness is indeed important.  Several of Cato's scholars have proposed that we could have followed a "declare victory and go home" strategy after the fall of the Taliban or Saddam Hussein.  Of course no one is proposing that the U.S. pull every single government official out of those countries: we must absolutely have intelligence operatives and special forces hunting down, gathering information on, and, yes, killing al Qaeda and other anti-American terrorist groups.  Changing one's mind about the desirability of a policy merely because someone else likes or dislikes it is not careful thinking.  If Osama bin Laden said that he attacked us because our marginal tax rates were too high or we were thinking about passing the Federal Marriage Amendment, that doesn't mean we should raise marginal tax rates or pass the FMA.

Sager reaches back to his quiver of straw men for more ammo: in his view, the noninterventionist position during wartime is that "the job of libertarians...is simply to whine about spending and assist the ACLU in opposing the governmental bad guys at home."  This is almost too silly to rebut, but I'll take the bait.  I would submit that, when one believes a policy has gone off the rails, his job is to make persuasive arguments that the policy has gone off the rails and to prevent the conductor from shoveling more coal into the engine.  That's what Cato has been doing.

Then Sager turns to a tired and vacuous maxim:

Libertarianism, in and of itself, does not in any way limit its adherents to a minimalist approach to foreign policy -- i.e. using the least amount of force possible to respond only to the most imminent of threats.

Is that right?  Gosh, you could have fooled me!  If I remember correctly, Murray Rothbard made a few arguments about war and peace, as did Ralph Raico, Ted Galen Carpenter, Earl Ravenal, and quite a few others.  Sager would do well to at least briefly entertain the libertarian arguments about war and peace instead of denying that they exist.  I can synopsize them pretty briefly.

Most libertarians believe, as Robert Nozick did, that: "Individuals have rights, and there are things no person or group may do to them (without violating their rights.)"  I believe this, too.  For me, this group of rights includes the right to one's own life.  This right is possessed by all people, even Iraqis.  This claim is not absolute, and can be overridden by other claims, such as the claims to protect a people from impending attack or to prevent a prior attacker from attacking again.  In my world, though, it does not mean that Iraqis' right to their lives can be overcome by Ryan Sager's (or President Bush's) ideology about how things need to be run in the Middle East.  The U.S. government, for all the arguments that have been made to the contrary, is not responsible for those who were murdered by Saddam Hussein.  There are mediated consequences and unmediated consequences, and they are not of the same moral importance.  When the U.S. government drops a bomb on an innocent Iraqi, his death is an unmediated consequence of the act.  When Saddam Hussein murdered an Iraqi, the Iraqi's death was, at most, a mediated consequence of the U.S.'s failure to depose Saddam Hussein.  Putting the same moral weight on the two is absurd.

It is possible to say, tenuously, I think, that the large-scale state killing the U.S. has done in Iraq is part of the war that was started on 9/11.  Never mind that the dead Iraqis had nothing to do with it, never mind that Saddam Hussein had nothing to do with it.  There's a neoconservative argument that says that the U.S. government must take over and administer certain countries in the Middle East to prevent them from contributing to or presenting threats like that which wrought 9/11.  It is simply an astonishing leap of logic to think that libertarians, with their overwhelming skepticism about state power, would believe that such a staggering goal is attainable by a government that is unable to determine how many rolls of toilet paper our own country will need during any given week.  I would submit that making those claims simultaneously is either intellectual dishonesty or intellectual incoherence.

Then comes the sweeping claim that capturing bin Laden "would be nice -- very, very nice -- but likely of little strategic import."  Sager may have some information that they don't, but al Qaeda experts Michael Scheuer and Peter Bergen think that capturing OBL would be quite important.  It certainly seems more important than painting schools in and dodging bullets in Mosul and Fallujah.

Sager goes on to suggest several positive steps for Cato's foreign policy team -- smuggling books, promoting trade with Muslim countries, working to get U.S. ideas into Muslim countries, et cetera.  Some of these we've already done (trade stuff here, for instance), but some of them are not as important as preventing our government from making the terror problem worse.  Which is what most libertarians believe is happening with the "war on terror" as it exists today.

What the libertarian movement really needs, contra Sager, is to hold thinkers like Sager to honest standards of accountability.  This would involve asking questions like those I've outlined below to the libertarian cheerleaders of the Iraq war.  It doesn't always need to be about recriminations for what stupid things the government has already done -- it's often about who has a coherent idea where to go from here, in addition to determining who has made bad judgment calls in the past.  I would submit that the reason most libertarian hawks have clammed up about Iraq is because they don't want to have to marshal the type of arguments Sager's resorted to in his article, and because they don't want to face questions and responses like the ones I've posed here.

I've said it before, and I'll say it again: sometimes the only thing sillier than the NY Post's Page Six is what its political commentators produce.

Where Have All the Warbloggers Gone?

It's been irking me for some time that many of the self-described libertarians who pounded the drums of war as loud as anyone two years ago are suspiciously silent now.  Nothing about Iraq from many of the libertarian hawks (I'll post more on this next.)

In order to hopefully bring their "innovative" thinking back into the mix, I offer several questions for self-described libertarian hawks to ponder and/or answer in light of the emerging reality in Iraq:

1) The Iraq war has cost nearly $200 billion and 1,100 U.S. lives thus far.  Somewhere in the neighborhood of 15,000 Iraqis have been killed by the U.S. government.  What are the prospects right now for Iraq becoming the shining light of democracy in the Middle East?  Do we now believe that something as despotic (but stable) as Hosni Mubarak's Egypt or Khameini's Iran would be acceptable?  Is democracy in name only, a la Afghanistan, acceptable?  What is acceptable?

2) If Iraq emerges as something acceptable, will its existence be enough to precipitate region-wide change in the Middle East, or will we have to regime change another couple of countries?  How will we know?  If we'll need a few more, which ones?  How much will they cost?  How much is it worth?  Which countries would join a new "coalition of the willing?"  What is the likelihood of success?

3) How will we know when to leave?  It seems implausible that the insurgents in Iraq will fight to the last man, and once he's killed, our work will be done.  It seems highly more likely, by the hawks' own logic, that these people want to wait it out until we leave, and then make their play for power.  So when will we leave?  What are the benchmarks for determining when it's okay for us to go?  What tools does the Allawi government (or whatever government) need to have in order for us to start leaving?  140,000 well-trained, well-equipped, smart U.S. troops have been unable to do much other than chase the insurgents around the country.  Why should we believe that the Iraqi forces can do better?  Because they'll be more ruthless than we are?  I thought we wanted to implant liberalism, not indiscriminate violence.  Will the transformative power of freedom and democracy make the insurgents drop their arms and surrender, or will it give the Iraqi forces superhuman powers with which they can defeat the insurgents?

4) If Iran goes nuclear, which seems increasingly likely, how will the newly minted Iraqi government respond?  Will we allow it to develop nuclear weapons as a balancer?  If not, who will protect it from incursions by Iran backed by a nuclear deterrent?

5) Is there any scenario under which we would determine that the cost of trying to remake Iraq is greater than the benefit?  Any but the stupidest of al Qaeda cells could operate (and may in fact be operating) in Iraq right now quite easily.  Besides that, large garrisons of infantry troops and armored units seem like an inappropriate weapon for confronting a civilian-looking group like al Qaeda.  So is there a scenario under which the hawks believe that we should jettison our nation-building project there, or will we "pay any price?"

I've got more where these came from, but I'd like very much to see sensible, let alone libertarian, answers to these questions from the all-but-defunct libertarian hawk bloggers.

November 19, 2004

The Perfect Job for Elliott Abrams

I pretty much think this is about the right job for him.  And maybe we could make Rashid Khalidi or someone Ambassador to the PA.  Might be onto something there.

Via Laura Rozen.

November 18, 2004

Can I Be an Even BIGGER Dork?

Apparently knowing all there is to know about the Treaty of Shimonoseki isn't enough.  This article makes me wish that I were vastly dorkier than I am.

Tous Nous Sommes des Francais

So the new Beaujolais Nouveau's been out for almost 24 hours now, and I haven't had so much as a sip.  I leave DC on Saturday (don't break into my apartment).  And out in Red America, they don't take too kindly to them bow joo lays.

So maybe it's time for us to break open a bottle or six, eh?  For God's sake, comment or email me.  Please.