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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