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		Kirk begins his essay with a manner of intellectual intimidation, 
		claiming that conservatives form a "majority" of the American public, 
		while libertarians constitute a "tiny though unproscribed minority" 
		(345). During the time the essay was written, the latter may have well 
		been true—although undoubtedly the number of libertarians has increased 
		since then and especially since Kirk's death in 1994. After all, Ron 
		Paul gathered approximately 1.2 million votes in the 2008 Republican 
		primaries—meaning that while libertarians are still a minority, they are 
		not a tiny minority, but are rather somewhere on par with 
		American Jews. The former claim—that conservatives constitute a 
		majority of the American public—is unlikely to be true. But even if 
		it were, what is the point of Kirk's including it in a paper comparing 
		the contents and the merits of the two ideologies? Surely, the truth of 
		an idea is independent of the number of its adherents. Is it Kirk's 
		purpose to say to libertarians, "We are more numerous than you, and you 
		exist at our mercy. How generous we are for not proscribing you!"? Or is 
		it to make the argument, "Most people agree with it, so it must be 
		right!"? (I am sure that Kirk would disagree with the same statement 
		when it came to popular music, clothing, or lifestyles.) Suffice it to 
		say, the inclusion of this comparison is not a logically necessary part 
		of Kirk's argument and simply serves to poison the well against 
		libertarians by appealing to the lower prejudice in some who reason that 
		might (I.E., numbers in elections) makes right. 
 Judging by the detestable behavior of the Religious Right and the so-called 
		"conservatives" of the Bush administration in recent years, I am all too 
		tempted to agree with Russell Kirk's thesis that conservatives and 
		libertarians have nothing fundamental in common, but this is far too 
		hasty a judgment in my more thoroughly considered opinion. While many 
		conservatives in the United States—especially many conservative opinion 
		leaders—are proto-fascistic in their agendas, many others are decent, 
		reasonable, and well-intentioned. While the former yearn for the Ancien 
		Regime union of a militant church and an absolutist state, the latter at 
		least claim to be espousing the principles of the American founding—life, 
		liberty, and the pursuit of happiness. It is for the sake of the latter 
		kind of conservatives that I write this essay, urging them to reject 
		Kirk's insular and alienating claims and find some common ground—any 
		common ground they can—with libertarians.
 
 
  Kirk alleges that libertarians "carry to absurdity the doctrines of John 
		Stuart Mill," (345) thereby equating libertarianism with Mill's 
		utilitarianism. While Mill's philosophy certainly has many elements that 
		many libertarians would find praiseworthy, there are many other 
		intellectual sources for libertarianism—many of whom would have serious 
		disagreements with Mill and the other extremely famous utilitarian, 
		Jeremy Bentham. The foundation for libertarianism that differs most from 
		Mill's thinking is the natural rights philosophy, whose varieties are 
		espoused by John Locke, Ayn Rand, Murray Rothbard, and many others. Even 
		if one does not follow the natural rights route, one does not have to 
		embrace Mill's and Bentham's formula of "the greatest happiness for the 
		greatest number." One can be a libertarian for reasons that have 
		nothing to do with individuals' subjective emotional states. For 
		instance, one can argue that in a libertarian society, individuals will 
		be wealthier, more productive, more moral, less violent, more refined, 
		more differentiated from one another, or longer-lived—and any of these 
		can be seen as ends apart from happiness if one is inclined to so 
		consider them. I myself am an advocate of natural rights on a 
		consequentialist foundation; I believe that absolutely embracing the 
		principle of natural rights will enable people to maximally pursue and 
		extend the most important of all values—the life of each individual. My 
		kind of libertarianism does not depend on how anybody feels, and for me 
		the existence or non-existence of the individual is more important than 
		his happiness or lack thereof—although happiness is nice, too. Moreover, 
		unlike many utilitarians, I do not ascribe the same degree of "valuableness" 
		to all individuals, although I do believe that all individuals are 
		worthy of a baseline level of respect for their natural rights and a 
		baseline level of common courtesy. There are about as many kinds of 
		libertarianism as there are libertarians, and Kirk is simply wrong to 
		reduce all libertarianism to the thought of one person—even a brilliant 
		person such as Mill. 
 While Kirk is not far from the truth when he alleges that libertarians 
		consider personal freedom "as the whole end of the civil social order," 
		(345) he is grievously mistaken when he claims that libertarians also 
		consider it the whole end "of human existence."
 (345)To most libertarians, freedom in itself is a means, not an
		end. Freedom serves to enable the individual to pursue and attain 
		other values—such as prosperity, self-improvement, intellectual 
		endeavors, personal relationships, esthetic enjoyment, and entertainment—without 
		needing to fear the coercive interventions of others. To paraphrase 
		Rothbard, freedom may be the highest political end, but it is not 
		the highest of all ends. Rather, libertarians recognize that the 
		political sphere is best suited for the attainment of freedom, but is 
		miserably suited to the attainment of any other end, as numerous failed 
		experiments presupposing the contrary have demonstrated.
 
 While I, a libertarian, have serious disagreements with aspects of 
		Mill's utilitarianism, I also have a great respect for Mill and find it 
		necessary to defend him against some of Kirk's attacks. Kirk heaps 
		invectives on Mill's upbringing by a "sour," "austere," and 
		"doctrinaire" father, who gave him a better education that Kirk or 
		possibly anyone else ever had. This is not an insult to Kirk, as few can 
		equal the genius of John Stuart Mill, but I do find it rather 
		disconcerting that Kirk does not respect Mill's colossal erudition. 
		While Kirk acknowledges Mill's breadth and depth of learning, he alleges 
		that "his intellect was untouched by the higher imagination" and that 
		"Mill became all head and no heart" and "turned into defecated 
		intellect." What base and shallow accusations—especially coming from a 
		man whose lack of imagination led him to disdain all of the wonderful 
		possibilities of modern technology—including automobiles, highways, 
		television, and computers. Pre-modern conservatives often accuse 
		libertarians of having no imagination, while at the same time disdaining 
		the technology that has cured so many great human ills without even 
		knowing much about that technology and the ways in which it might be 
		used beneficially. Moreover, I do not consider it having "no heart" to 
		believe that human lives and human societies could be fundamentally 
		and qualitatively better than they currently are—a notion that 
		conservatives of Kirk's stripe, believers in a fixed, unchangeable human 
		nature and human social dynamics, emphatically reject. Embracing 
		pre-modern conservatism amounts to a resignation to the massive human 
		death, disease, conflict, and misery that have pervaded the world since 
		before recorded history. Embracing libertarianism offers an eventual way 
		to rid ourselves of many of the perils we presently face. You decide 
		which position displays more "heart," if by "heart" one means a 
		compassion for human beings and a desire to eradicate the suffering they 
		do not deserve.
 
 Kirk compounds his vitriol by mentioning Mill's attachment to another 
		man's wife—forgetting that Mill did not actually do anything to 
		infringe upon her marriage until her husband's death dissolved it. It is
		not a mark of vice to simply have a desire which lacks 
		legitimacy or may pose complications if actualized; it is only a mark of 
		vice to act on this desire—which Mill did not. Mill was indeed 
		the paragon of personal virtue; he delayed his gratification 
		until he could do so in a manner that would not be adulterous and would 
		not harm any human being. The same could not be said of many popular 
		conservative leaders today—hypocrites, adulterers, money launderers, 
		petty and large tyrants, and militant advocates of destruction. While 
		Kirk himself was a moral though oddly dogmatic character in his personal 
		life, the worldview he demands had many far less admirable exponents.
 
 The essence of Kirk's criticism of Mill's absolute principle that the 
		sole purpose of government force is to prevent harm inflicted by some 
		against others is that liberty is desirable in some cases, but not 
		desirable in others. Yet, who is to decide in which cases liberty is 
		desirable? Can we trust any human being, however virtuous, to 
		make that decision—which can have grievous consequences for others—and to 
		implement it using the force of the state? While some people are clearly 
		more rational and virtuous than others, no person is free of flaws. The 
		purpose of libertarianism is to minimize the impact on others 
		that any given person's flaws might have. It is impossible to reliably 
		prevent an individual's follies from damaging himself, but libertarianism 
		endeavors to confine that damage solely to him to as great an 
		extent as possible. It is thus that each man may govern himself as he 
		pleases, for good or for ill, but when it comes to governing others as a 
		master and not an impartial referee, the potential for and magnitude of 
		damage is far too great—as history repeatedly teaches us.
 
 The fascistic strain in Kirk comes out when he writes, "It is consummate 
		folly to tolerate every variety of opinion, on every topic, out of 
		devotion to an abstract 'liberty'; for opinion soon finds its expression 
		in action, and the fanatics whom we tolerated will not tolerate us when 
		they have power." (346) I do not see the problem here, for words 
		and ideas are different from actions. One may hold 
		fanatical or simply mistaken ideas and express them using words, but this 
		does nothing to change the state of society until the ideas are 
		actually implemented. In a libertarian society, it is legitimate to use 
		force to stop any implementation of coercion—so where is the 
		problem? The moment the fanatics begin to use violence, they get 
		punished; until then, they are merely stating their opinions. Since 
		their ideas are false, they can be countered with true ideas; the battle 
		at this stage should occur entirely on the level of voluntary 
		persuasion, and force should only be used when force has been initiated. 
		To claim that opinion necessarily finds its expression in action 
		is absurd. If I believe that I ought to have a club sandwich, that does 
		not mean that I will go out and get it; there may be obstacles in my way 
		that I cannot overcome—such as poor weather or pressing work commitments. 
		Moreover, what I mean by a club sandwich might not be what you think I 
		mean by a club sandwich. Maybe I mean a sandwich that looks like a club, 
		or a sandwich that is eaten in a social club or off of a golf club, so 
		what you think I want may not be what I actually want. Whenever any two 
		people use words, the definitions of those words may be so highly 
		peculiar to each individual that it becomes impossible to predict in 
		advance how any given person will be motivated by any given idea. Human 
		actions, not human ideas, can be known with certitude—and there is no 
		deterministic pathway by which a given idea becomes translated into any 
		given action.
 
 But, ironically enough, Kirk's brand of conservative is precisely 
		the kind of intolerant fanatic who would use overwhelming force if he 
		were to achieve power—force that would be used to abolish numerous 
		technological advances, mandate religious belief and observance, 
		persecute non-coercive lifestyle choices such as premarital 
		cohabitation, homosexuality, and marriage outside of mainstream churches, 
		and require theological instruction for the masses. Anything that the 
		center and far left are doing today to coerce the American people would 
		pale in comparison to a pre-modern conservative theocracy in the United 
		States. But suffice it to say, a person who is intolerant and advocates 
		persecution of contrary opinions rarely does so on a whim; he typically 
		believes the contrary opinions to be in some way dangerous if 
		implemented. So Kirk's position is no different in kind from the 
		position of an Islamic fundamentalist theocrat -- say, a Taliban cleric 
		or an Iranian ayatollah, who also considers opinions contrary to his own 
		to be very dangerous indeed, especially when it comes to the "higher 
		things," if they were put into practice. Kirk might impose different 
		prohibitions from the Islamic fundamentalists, and to a different degree, 
		but his mode of thinking is quite similar.
 
 Kirk believes that the great danger of our time is "the lust for novelty; 
		and that men will be no better than the flies of a summer, oblivious to 
		the wisdom of their ancestors, and forming every opinion merely under 
		the pressure of the fad, the foible, the passion of the hour." (347) But this is precisely what libertarianism helps protect us against! By 
		having freedom from coercion, the individual is protected if he chooses 
		to defy societal fads! If the past does indeed contain much 
		wisdom (and I believe it does), then those who refer to it will live 
		more successful lives—if they are not punished for doing so or 
		forced to do otherwise. By establishing the state as an agency primarily 
		working to prevent this kind of compulsion, libertarians ensure 
		that every individual can become as erudite, sophisticated, long term-oriented, 
		and respectful of the great things that occurred in the past as 
		possible. Most libertarians acknowledge an intellectual heritage that 
		stretches back for millennia—with vestiges of libertarian thinking found 
		in Socrates, Diagoras, Aristotle, Theodorus, Epicurus, Lucretius, 
		Cicero, and many other thinkers of antiquity. Moreover, most 
		libertarians eagerly embrace the technical accomplishments of our 
		ancestors—the technology we enjoy today in all aspects of our lives—as 
		well as their societal accomplishments, such as the elimination of 
		absolute monarchy, the separation of church and state, the abolition of 
		slavery, the emancipation of women, and the great diminishment of racial 
		and ethnic discrimination.
 
 Kirk then contradicts what he just wrote in the previous paragraph by 
		lamenting, "The perennial libertarian, like Satan, can bear no 
		authority temporal or spiritual. He desires to be different, in morals 
		as in politics." (347) So what do you want, Dr. Kirk? You seem to 
		dislike people blindly following fads, but then you also resent them 
		being different! You need to pick one or the other, because the 
		two possibilities are mutually exclusive and encompass the complete set 
		of possible outcomes. One is either able to be different, or one is not. 
		If one is able to be different, then one may decide not to follow 
		a self-proclaimed authority in matters that do not involve coercing 
		others. If one is not able to be different, then one may not be free to 
		defy the cultural authorities that dictate the ever-changing fads that 
		Kirk criticizes.
 
 Kirk proceeds to make the stale and hackneyed equation of libertarianism 
		with libertinism (347), an accusation that requires only a modicum of 
		empirical observation and/or study of the abstract theory of 
		libertarianism to debunk. Many libertarians—including, as we have seen, 
		John Stuart Mill—were and are impeccably moral in their personal lives 
		and acknowledge that their range of desirable behavior in society is 
		limited by moral principles so as not to harm others. Many libertarians 
		also care about their reputations and personal respectability and so 
		will not act in complete disregard of the opinions and 
		preferences of others. To the extent that they desire to get along with 
		their friends, co-workers, and acquaintances, many libertarians 
		voluntarily embrace certain kinds of conventions and modes of behavior—but 
		they reserve the right to violate or modify those conventions if it 
		makes rational sense to do so. I personally follow a great deal of 
		societal conventions that are not legally mandated, but I do not believe 
		that it is inherently wrong to defy some of these in certain 
		circumstances. Where human values and conventions conflict, the 
		conventions need to go; in most other cases, there can be a pleasant 
		coexistence of the two.
 
 As Kirk delves further into his essay, he states a blatant lie. He 
		alleges that "the typical libertarian of our day delights in 
		eccentricity—including, often, sexual eccentricity" (347). Doubtless, 
		some libertarians exhibit sexual eccentricity, but the typical
		libertarian? Would Kirk, if he were alive today, dare to make this 
		generalization of all, or even most, of the 1.2 million people who voted 
		for Ron Paul in 2008—a reasonable estimate of the number of libertarians 
		in the United States? My observation has been quite different: most 
		libertarians are more sexually modest than the general public in 
		the United States. The reason for this may have less to do with 
		libertarianism as a doctrine, and more to do with the fact that 
		libertarianism is an intellectual doctrine and requires a great 
		deal of mental sophistication to grasp. More intellectual people are 
		also typically more sexually modest—so libertarians, having a greater 
		proportion of intellectuals among them than the general public, are 
		typically more sexually modest. It can also be said that conservative 
		and left-liberal intellectuals tend to be more sexually modest 
		than the general public, although conservative and left-liberal 
		politicians are far from being so. But Kirk does not say one word in 
		criticism of the sexual eccentricities of conservative politicians...
 
 Kirk also establishes an intellectual straw man. He writes, "The final 
		emancipation from religion, convention, custom, and order is 
		annihilation." (347) But few, if any, libertarians advocate complete 
		emancipation from any of these; they simply want the freedom to choose 
		how, when, and if to adhere to them. Some libertarians are religious, 
		and some are not—but no libertarian wants to eliminate religion, 
		especially through coercion. The same goes for adherence to non-coercive 
		customs and conventions. After all, many libertarians celebrate 
		traditional holidays and hold doors for people! Likewise, most 
		libertarians subscribe to Friedrich Hayek's understanding of a 
		spontaneous order in society—an order that is not centrally or 
		consciously planned but nonetheless emerges out of the interactions of 
		millions of human beings. It is impossible to eliminate every 
		kind of spontaneous order, although these orders do evolve and replace 
		one another over time. But no libertarian wants to jettison all order.
		It is Kirk's primitive equation of order with top-down planning—what 
		Hayek calls taxis—and more particularly, with central planning at 
		a society-wide level, that lies at the basis of his accusation.
 
 Kirk, and G.K. Chesterton, to whose story "The Yellow Bird" Kirk refers 
		(347-348), misconstrue the meaning of liberty as the freedom from all 
		limitations. They argue, instead, that limitations are quite necessary 
		even to the very survival of the human organism. This is not 
		controversial, but it is beside the point. The question is, rather, 
		should somebody else be able to dictate to an individual what his 
		limitations ought to be and to punish that individual for having a 
		different understanding and/or acting on it? Most of us—the ones who are 
		still alive, at least—want some limitations in our lives, which 
		we structure according to definite patterns that we do not like to see 
		infringed upon. The alternative we face is whether we get to plan 
		our lives, or whether somebody else gets to do it for us. It may 
		well be that some amount of government action is necessary to give every 
		individual the maximum possible sphere in which he gets to make his own 
		decisions. I certainly do not reject all government, and I am even a 
		state employee, because I think that certain kinds of protections 
		afforded by government can maximize individual liberty. Some 
		libertarians, the anarcho-capitalists, will disagree with me here—but 
		virtually all libertarians will agree that the purpose of political 
		institutions, whether they be governmental or decentralized, competing, 
		and private, is to protect every individual's ability to 
		choose the limits to which he will be subject, with the exception of 
		the inviolable limitations of not harming others and not infringing on 
		their ability to have a similar level of choice.
 
 Moreover, there are always the limitations posed by the laws of nature—laws 
		that cannot be violated, although they can be used creatively to achieve 
		our purposes. To get anything of substance done in this world, one needs 
		to have a thorough understanding of natural laws—the laws of physics, 
		chemistry, biology, economics, ethics, and even to a certain extent 
		esthetics. In the words of Francis Bacon, "Nature, to be commanded, must 
		be obeyed." It does not work to simply wish away the limitations posed 
		by the laws and phenomena of nature. Rather, we ought to work within
		those limitations to make a better existence for us all. 
		Libertarianism does not see itself as opposed to the limitations of 
		natural law. Quite the contrary: libertarians—even some of the 
		utilitarians among them—consider their ideas derived from the 
		laws of nature, with their inherent limitations. After all, if 
		libertarians truly did not believe in limitations, they would say that 
		socialism could work if people wanted it to work—since socialism not 
		working despite people's best intentions is surely a limitation to what 
		is possible!
 
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