On Wed, Sep 30, 2009 at 01:18, David B. Shemano <[email protected]> wrote:
> Jim Devine writes:
>
>>> BTW, why is it that money libertarians like the word "liberty" while
>>> most other people like the word "freedom"? Most people seem to use the
>>> two words interchangeably.
>
> Here is a theory.  "Money libertarians," as you call them, are the 
> contemporary descenants of 19th Century "Liberalism," which term is rooted in 
> "Libertas," and Libertas is at root a legal status of a free-man (i.e. not a 
> slave).  The term "freedom," on the other hand, through the efforts of 
> Germans like Hegel, and then transmitted to the English speaking world 
> through interpreters like T.H. Green, became associated with what you call 
> "positive freedom"  (i.e. a free-man who makes a bad choice, or is limited by 
> circumstance in making choices, is not really "free").  Therefore, to "money 
> libertarians." liberty is a status relationship between man and the state, 
> while for the modern day Hegelians, freedom is more of a psychological state 
> of a man.  Money libertarians, aware (contra Mr. Andrews) of the efforts of 
> the modern day Hegelians to minimize the importance of legal status in order 
> to justify state power, therefore, prefer "liberty" rather than "freedom" as 
> the ideal.
>
> David Shemano

I didn't say some of them weren't aware, I said most of the
fashionable libertarians today have no clue about the history of these
arguments.  They haven't even bothered to only read Rothbard's
critique of Hegel (which seems to be where you sit) or to take on
Berlin's understanding of the problems of Postive liberty (which he
also attributes to Hegel): they simply assume both words are
transparent and use them interchangeably.  I think you're pretty right
on when you make the distinction--as well as the argument for why--but
I don't think everyone is aware of this argument or what those words
mean in context.  This is especially in US culture where they are used
as what Hayek called weasle words where the speaker's use of them
sucked all the substance out of the word.

But to all of your above I'd add that there is always a political
element to why these arguments are used--one which you are leaving
out.  Again, what you are saying implicitly is that there is some
natural law which says people should be allowed to keep whatever they
have and do with it as they please.  It is a natural law that can't be
bothered with the history of how one came to have what one has, except
to argue that they worked hard one way or another to get it.  It
becomes a tautological argument: if you have it, you must have worked
for it therefore you must be justified in owning it and the state must
be justified in protecting you in your ownership.  When you add to
this the similarly tautological idea (inherited from people like von
Mises) that any contract into which one enters is voluntary (i.e.
uncoerced) and rational (therefore, if one entered into it, it must be
voluntary and rational) then the idea that the state is just there to
enforce contracts and protect ownership can be pitched as individual
liberty and even freedom to everyone.

The argument, however, has been not over whether the state should
enforce positive liberty--whether it should make people free in your
definition--but over the fact that the negative understanding of
liberty is only legitimate as such based on this natural law notion of
ownership.  It is only with that notion that the state can be said to
be protecting something that was already in existence, that it isn't
said to be basically helping collude with owners against non-owners.
For in actuality, the protection of property is a form of positive
liberty from the perspective of the non-owner.  It makes them freer to
operate in society than those without property--and often secures
ownership for a select individual over what were common pool resources
and/or commonly produced values.  This property--like the "freedom"
you discuss above--only exists because the state takes positive action
to enforce the owners' claims to it.

And when the ownership of property by this select few makes it more
difficult for the rest of the population to either 1) own property
themselves or 2) simply exist this creates a conundrum.  The
protection of property in this circumstance--particularly when there
is a clear memory of there being a common area for self-sustained
production--is a form of coercion which forces those without property
into contract relations with those with it.  The coercion of the
state, in other words, that libertarians fear is actually very helpful
for the protection of property.  And this liberty which is "a status
relationship between man and the state" becomes more of a three way
relationship: some men and the state and some other men and the state.
 And when the state is only there to protect property, it becomes
obvious who it is there to serve--which also makes it difficult to
sustain as a political apparatus (that is, unless you have a well
developed set of ideological apparatuses. pace the cultural marxists
and Glenn Beck).

In other words, it is a circumstantial set of observations, not just
an abstract theory of freedom or liberty, as Berlin would have it,
solely base on psychological liberation.  To quote Habermas, in his
work on the public sphere,  "As soon as the state itself came to the
fore as the bearer of the societal order, it had to go beyond the
negative determinations of basic rights and draw upon a positive
directive notion as to how 'justice' was to be realized through the
interventions that characterize the social-welfare state."   This is
not because of some poisonous set of ideas promoted by the Germans (as
Hayek would have it): it is a structural reality.  Polanyi (Karl not
Michael) said that ignoring this would inevitably lead to some sort of
fascism--which he defined (somewhat in line with the one you are
suggesting) as only along the access of totalitarian control, where
FDR is just a different kind of fascist than Hitler or Mussolini.
It's worth noting in these cases, that part of the reason this seemed
like a good plan at the time is that it was working better than people
had expected in the Soviet Union.  But now I've gone full bore from
the more political side of the argument to the economic one.  The
point in either case is when the state supports a certain economic
regime, it still relies on the political legitimacy of the state.  If
Libertarians accuse Communists of forgetting about the first part (or
about the importance of markets for growth, which is the current
economic orthodoxy upheld by the state) then I would say Libertarians
often presume the latter--i.e. that just by having an elegant
description of human liberty they will legitimate whatever oppression
or hardship it bears in actual practice, pegging it instead on what
you see as the only other variable, "a free-man who makes a bad
choice."  That you somewhat dismiss the idea that circumstances can
make some apparently free choices rather unfree is, again, to presume
this is a settled question.  In short, there are many forms of social
coercion: the state is not the only bearer of violence and its refusal
to intervene when other forms of coercion are undertaken by members of
its associated society through purportedly legal means is just a
legitimation of what Hale called "policy making by unelected
minorities."

This opens up another dimension which is closer to the Realists, which
is that laws don't mean what we say that they mean: they can't be
interpreted to mean something until they have been active in society
and we can see how they actually effect people.  In this, the abstract
libertarian understanding of liberty is obviously also concerned with
consequences down the line (i.e. the whole slippery slope where
national healthcare will end up in pograms), but they focus too much
on the coercion of the state directly rather than the way direct
coercion fits within the larger context of power whereby indirect
coercion of the state made possible by people who the state will
protect above others is actually a greater threat to individual
liberty than that of the state itself.

As C. B. MacPherson observed, the same was once true of the support of
liberty against the state--when the state was an unelected monarchy.
But the support of the market (and property) against democratic
pressure to have a more egalitarian society is problematic: in other
words, it is problematic (both ethically and politically) to support
the market as the tide that raises all boats in the face of increasing
pressure by people who can barely survive and evidence that inequality
is increasing exponentially.  As he also mentioned, the support of the
market as a mechanism for dynamism and growth also seemed necessary,
but this is, again, introduces a utilitarian element to the
justification of the state--one which is possibly undermined when,
say, it completely ruins the national economy for a generation.  Then
again, as Doug and others have just observed in relation to California
privatizing its university system, the neo-liberal orthodoxy seems to
be weathering the storm rather well.

I fear we've gotten away from the subject at hand, but I'd say that
Jim's three dimensional model is a pretty good one.  And, in any case,
I appreciate the conversation as it is certainly important to be clear
about what we mean.  I also assume that part of David's inquiry is
motivated by the fact that Hitler, for the "classical liberal" is the
primary example of the slippery slope of the "left."  It is
interesting to note, in either case, that it is difficult to pin down
exactly what either side means--and how it relates to the way it
was/is executed in practice.

It's worth noting that, in the 1930s, Hitler was a fairly big
celebrity in the US--appearing in home and garden magazines for his
design expertise--and Stalin and the USSR were vilified and hated in
the same culture.  If there is a continuum, in other words, the US is
closer to Nazi Germany than the USSR.  This seems to make the whole
definition turn on private property.  That the US and Nazi Germany
intervened in the market and set up clear connections with corporate,
industrial entities is very different than the state taking over all
industry and claiming itself as the distributor of wealth.  In these
two cases, the corporatist model of state capitalism was just an
administered form of the economic orthodoxy at the time.  In this
sense, it is not at all different from the state in the US today
making neo-liberal market imperatives predominant--look at the number
of contractors working for government and the military--(whatever the
underlying contradictions made evident by its residual welfare
apparatises) but it is very different than the state actually
nationalizing the entities in question.  Even today, when they bail
out car companies or financial institutions, they are leery of
stepping in as the actual administrator, in many ways avoiding even
the basic principles of neo-liberal management because it would
possibly lead to the appearance of an overly leftist intrusion into
the ownership of private property.  But the argument that we should
have let the car companies fail (and the finance industries) ignores
the fact that these were only independent entities because of the
argument that they would be more stable, productive, and socially
beneficial as private entities.  When they violated this rule, it
seems, politically, that there had to be some intervention.  It is
hardly creeping fascism when the people in charge insist they are not
going to take over the industries in question: in fact, IIRC, Bernake
was influenced in his decision to bail out the banks by having read
none other than Milton Friedman's account of what caused the
depression.  That this strategy is focused too much on the owners of
capital and the monetary understanding of liberty is precisely the
result of this framework of analysis.  Strangely enough, it is driving
the money libertarians crazy.  go figure.

s
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