from the site :
Conservative Critiques Of Libertarianism.
 
2 articles --
 
 
 
 
 
Robert H. Bork Critiques Libertarianism 

_Part of the  "Critiques of Libertarianism" site.  
http://world.std.com/~mhuben/libindex.html _ 
(http://world.std.com/~mhuben/libindex.html)  
Last updated 10/25/07.  
[The following (rather long) critique of Libertarianism is found on pages  
150-152 of Robert Bork's popular book, "Slouching Towards Gomorrah." Thanks 
to  Joe Steve Swick III, who posted this to the net.]  
Libertarians join forces with modern liberals in opposing censorship, 
though  libertarians are far from being modern liberals in other respects. For 
one  thing, libertarians do no like the coercion that necessarily accompanies 
radical  egalitarianism. But because both libertarians and modern liberals 
are oblivious  to social reality, both demand radical personal autonomy in 
expression. That is  one reason libertarians are not to be confused, as they 
often are, with  conservatives. They are quasi- or semiconservatives. Nor are 
they to be confused  with classical liberals, who considered restraints on 
individual autonomy to be  essential.  
The nature of the liberal and libertarian errors is easily seen in  
discussions of pornography. The leader of the explosion of pornographic videos, 
 
described admiringly by a competitor as the Ted Turner of the business, offers 
 the usual defenses of decadence: 'Adults have the right to see 
[pornography] if  they want to. If it offends you, don't buy it.' Those 
statements 
neatly sum up  both the errors and the (unintended) perniciousness of the 
alliance between  libertarians and modern liberals with respect to popular 
culture.  
Modern liberals employ the rhetoric of 'rights' incessantly, not only to  
delegitimate the idea of restraints on individuals by communities but to 
prevent  discussion of the topic. Once something is announced, usually flatly 
or 
 stridently, to be a right --whether pornography or abortion or what have 
you--  discussion becomes difficult to impossible. Rights inhere in the 
person, are  claimed to be absolute, and cannot be deminished or taken away by 
reason; in  fact, reason that suggests the non-existence of an asserted right 
is viewed as a  moral evil by the claimant. If there is to be anything that 
can be called a  community, rather than an agglomeration of hedonists, the 
case for previously  unrecognized individual freedoms (as well as some that 
have been previously  recognized) must be thought through and argued, and 
"rights" cannot win every  time. Why there is a right for adults to enjoy 
pornography remains unexplained  and unexplainable.  
The second bit of advice --'If it offends you, don't buy it' -- is both  
lulling and destructive. Whether you buy it or not, you will be greatly 
affected  by those who do. The aesthetic and moral environment in which you and 
your  family live will be coarsened and degraded. Economists call the effects 
an  activity has on others 'externalities'; why so many of them do not 
understand  the externalities here is a mystery. They understand quite well 
that 
a person  who decides not to run a smelter will nevertheless be seriously 
affected if  someone else runs one nearby.  
Free market economists are particularly vulnerable to the libertarian 
virus.  They know that free economic exchanges usually benefit both parties to 
them. But  they mistake that general rule for a universal rule. Benefits do 
not invariably  result from free market exchanges. When it comes to 
pornography or addictive  drugs, libertarians all too often confuse the idea 
that 
markets should be free  with the idea that everything should be available on 
the 
market. The first of  those ideas rests on the efficacy of the free market 
in satisfying wants. The  second ignores the question of which wants it is 
moral to satisfy. That is a  question of an entirely different nature. I have 
heard economists say that, as  economists, they do no deal with questions 
of morality. Quite right. But nobody  is just an economist. Economists are 
also fathers and mothers, husbands or  wives, voters citizens, members of 
communities. In these latter roles, they  cannot avoid questions of morality.  
The externalities of depictions of violence and pornography are clear. To  
complaints about those products being on the market, libertarians respond 
with  something like 'Just hit the remote control and change channels on your 
TV set.'  But, like the person who chooses not to run a smelter while others 
do, you, your  family, and your neighbors will be affected by the people 
who do not change the  channel, who do rent the pornographic videos, who do 
read alt.sex.stories. As  film critic Michael Medved put it: ' To say that if 
you don't like the popular  culture, then turn it off, is like saying if you 
don't like the smog, stop  breathing. . . 
 
---------------------------------------------------
 
 
The American Conservative
 
 
Marxism of the Right
 
By _Robert  Locke_ 
(http://www.theamericanconservative.com/author/robert-locke)  • _March 14, 
2005_ 
(http://www.theamericanconservative.com/articles/marxism-of-the-right/) 


 
Free spirits, the ambitious, ex-socialists, drug users, and sexual 
eccentrics  often find an attractive political philosophy in libertarianism, 
the 
idea that  individual freedom should be the sole rule of ethics and government. 
 Libertarianism offers its believers a clear conscience to do things 
society  presently restrains, like make more money, have more sex, or take more 
drugs. It  promises a consistent formula for ethics, a rigorous framework for 
policy  analysis, a foundation in American history, and the application of 
capitalist  efficiencies to the whole of society. But while it contains 
substantial grains  of truth, as a whole it is a seductive mistake. 
There are many varieties of libertarianism, from natural-law libertarianism 
 (the least crazy) to anarcho-capitalism (the most), and some varieties 
avoid  some of the criticisms below. But many are still subject to most of 
them, and  some of the more successful varieties—I recently heard a respected 
pundit insist  that classical liberalism is libertarianism—enter a gray area 
where it is not  really clear that they are libertarians at all. But because 
95 percent of the  libertarianism one encounters at cocktail parties, on 
editorial pages, and on  Capitol Hill is a kind of commonplace “street” 
libertarianism, I decline to  allow libertarians the sophistical trick of using 
a 
vulgar libertarianism to  agitate for what they want by defending a refined 
version of their doctrine when  challenged philosophically. We’ve seen 
Marxists pull that before. 
This is no surprise, as libertarianism is basically the Marxism of the 
Right.  If Marxism is the delusion that one can run society purely on altruism 
and  collectivism, then libertarianism is the mirror-image delusion that one 
can run  it purely on selfishness and individualism. Society in fact 
requires both  individualism and collectivism, both selfishness and altruism, 
to 
function. Like  Marxism, libertarianism offers the fraudulent intellectual 
security of a  complete a priori account of the political good without the 
effort of empirical  investigation. Like Marxism, it aspires, overtly or 
covertly, to reduce social  life to economics. And like Marxism, it has its 
historical myths and a genius  for making its followers feel like an elect 
unbound 
by the moral rules of their  society. 
The most fundamental problem with libertarianism is very simple: freedom,  
though a good thing, is simply not the only good thing in life. Simple 
physical  security, which even a prisoner can possess, is not freedom, but one 
cannot live  without it. Prosperity is connected to freedom, in that it makes 
us free to  consume, but it is not the same thing, in that one can be rich 
but as unfree as  a Victorian tycoon’s wife. A family is in fact one of the 
least free things  imaginable, as the emotional satisfactions of it derive 
from relations that we  are either born into without choice or, once they are 
chosen, entail obligations  that we cannot walk away from with ease or 
justice. But security, prosperity,  and family are in fact the bulk of 
happiness 
for most real people and the  principal issues that concern governments. 
Libertarians try to get around this fact that freedom is not the only good  
thing by trying to reduce all other goods to it through the concept of 
choice,  claiming that everything that is good is so because we choose to 
partake of it.  Therefore freedom, by giving us choice, supposedly embraces all 
other goods. But  this violates common sense by denying that anything is good 
by nature,  independently of whether we choose it. Nourishing foods are good 
for us by  nature, not because we choose to eat them. Taken to its logical 
conclusion, the  reduction of the good to the freely chosen means there are 
no inherently good or  bad choices at all, but that a man who chose to spend 
his life playing  tiddlywinks has lived as worthy a life as a Washington or 
a Churchill. 

Furthermore, the reduction of all goods to individual choices presupposes  
that all goods are individual. But some, like national security, clean air, 
or a  healthy culture, are inherently collective. It may be possible to 
privatize  some, but only some, and the efforts can be comically inefficient. 
Do 
you really  want to trace every pollutant in the air back to the factory 
that emitted it and  sue? 

Libertarians rightly concede that one’s freedom must end at the point at  
which it starts to impinge upon another person’s, but they radically  
underestimate how easily this happens. So even if the libertarian principle of  
“an 
it harm none, do as thou wilt,” is true, it does not license the behavior  
libertarians claim. Consider pornography: libertarians say it should be  
permitted because if someone doesn’t like it, he can choose not to view it. But 
 what he can’t do is choose not to live in a culture that has been 
vulgarized by  it. 
Libertarians in real life rarely live up to their own theory but tend to  
indulge in the pleasant parts while declining to live up to the difficult  
portions. They flout the drug laws but continue to collect government benefits 
 they consider illegitimate. This is not just an accidental failing of  
libertarianism’s believers but an intrinsic temptation of the doctrine that 
sets  it up to fail whenever tried, just like Marxism. 

Libertarians need to be asked some hard questions. What if a free society  
needed to draft its citizens in order to remain free? What if it needed to 
limit  oil imports to protect the economic freedom of its citizens from 
unfriendly  foreigners? What if it needed to force its citizens to become 
sufficiently  educated to sustain a free society? What if it needed to deprive 
landowners of  the freedom to refuse to sell their property as a precondition 
for giving  everyone freedom of movement on highways? What if it needed to 
deprive citizens  of the freedom to import cheap foreign labor in order to keep 
out poor  foreigners who would vote for socialistic wealth redistribution? 

In each of these cases, less freedom today is the price of more tomorrow.  
Total freedom today would just be a way of running down accumulated social  
capital and storing up problems for the future. So even if libertarianism is 
 true in some ultimate sense, this does not prove that the libertarian 
policy  choice is the right one today on any particular question. 
Furthermore, if limiting freedom today may prolong it tomorrow, then 
limiting  freedom tomorrow may prolong it the day after and so on, so the right 
amount of  freedom may in fact be limited freedom in perpetuity. But if 
limited freedom is  the right choice, then libertarianism, which makes freedom 
an 
absolute, is  simply wrong. If all we want is limited freedom, then mere 
liberalism will do,  or even better, a Burkean conservatism that reveres 
traditional liberties. There  is no need to embrace outright libertarianism 
just 
because we want a healthy  portion of freedom, and the alternative to 
libertarianism is not the USSR, it is  America’s traditional liberties. 

Libertarianism’s abstract and absolutist view of freedom leads to bizarre  
conclusions. Like slavery, libertarianism would have to allow one to sell  
oneself into it. (It has been possible at certain times in history to do just 
 that by assuming debts one could not repay.) And libertarianism 
degenerates into  outright idiocy when confronted with the problem of children, 
whom 
it treats  like adults, supporting the abolition of compulsory education and 
all  child-specific laws, like those against child labor and child sex. It 
likewise  cannot handle the insane and the senile. 
Libertarians argue that radical permissiveness, like legalizing drugs, 
would  not shred a libertarian society because drug users who caused trouble 
would be  disciplined by the threat of losing their jobs or homes if current 
laws that  make it difficult to fire or evict people were abolished. They 
claim a “natural  order” of reasonable behavior would emerge. But there is no 
actual empirical  proof that this would happen. Furthermore, this means 
libertarianism is an  all-or-nothing proposition: if society continues to 
protect 
people from the  consequences of their actions in any way, libertarianism 
regarding specific  freedoms is illegitimate. And since society does so 
protect people,  libertarianism is an illegitimate moral position until the 
Great 
Libertarian  Revolution has occurred. 
And is society really wrong to protect people against the negative  
consequences of some of their free choices? While it is obviously fair to let  
people enjoy the benefits of their wise choices and suffer the costs of their  
stupid ones, decent societies set limits on both these outcomes. People are  
allowed to become millionaires, but they are taxed. They are allowed to go  
broke, but they are not then forced to starve. They are deprived of the most 
 extreme benefits of freedom in order to spare us the most extreme costs. 
The  libertopian alternative would be perhaps a more glittering society, but 
also a  crueler one. 
Empirically, most people don’t actually want absolute freedom, which is why 
 democracies don’t elect libertarian governments. Irony of ironies, people 
don’t  choose absolute freedom. But this refutes libertarianism by its own 
premise, as  libertarianism defines the good as the freely chosen, yet people 
do not choose  it. Paradoxically, people exercise their freedom not to be 
libertarians. 
The political corollary of this is that since no electorate will support  
libertarianism, a libertarian government could never be achieved 
democratically  but would have to be imposed by some kind of authoritarian 
state, which 
rather  puts the lie to libertarians’ claim that under any other philosophy, 
busybodies  who claim to know what’s best for other people impose their 
values on the rest  of us. Libertarianism itself is based on the conviction 
that it is the one true  political philosophy and all others are false. It 
entails imposing a certain  kind of society, with all its attendant pluses and 
minuses, which the  inhabitants thereof will not be free to opt out of except 
by leaving. 
And if libertarians ever do acquire power, we may expect a farrago of 
bizarre  policies. Many support abolition of government-issued money in favor 
of 
that  minted by private banks. But this has already been tried, in various 
epochs, and  doesn’t lead to any wonderful paradise of freedom but only to an 
explosion of  fraud and currency debasement followed by the concentration 
of financial power  in those few banks that survive the inevitable 
shaking-out. Many other  libertarian schemes similarly founder on the empirical 
record. 
A major reason for this is that libertarianism has a naïve view of 
economics  that seems to have stopped paying attention to the actual history of 
capitalism  around 1880. There is not the space here to refute simplistic 
laissez faire, but  note for now that the second-richest nation in the world, 
Japan, has one of the  most regulated economies, while nations in which 
government has essentially lost  control over economic life, like Russia, are 
hardly 
economic paradises.  Legitimate criticism of over-regulation does not 
entail going to the opposite  extreme. 
Libertarian naïveté extends to politics. They often confuse the absence of  
government impingement upon freedom with freedom as such. But without a  
sufficiently strong state, individual freedom falls prey to other more 
powerful  individuals. A weak state and a freedom-respecting state are not the 
same 
thing,  as shown by many a chaotic Third-World tyranny. 
Libertarians are also naïve about the range and perversity of human desires 
 they propose to unleash. They can imagine nothing more threatening than a 
bit of  Sunday-afternoon sadomasochism, followed by some recreational drug 
use and work  on Monday. They assume that if people are given freedom, they 
will gravitate  towards essentially bourgeois lives, but this takes for 
granted things like the  deferral of gratification that were pounded into them 
as 
children without their  being free to refuse. They forget that for much of 
the population, preaching  maximum freedom merely results in drunkenness, 
drugs, failure to hold a job, and  pregnancy out of wedlock. Society is 
dependent upon inculcated self-restraint if  it is not to slide into barbarism, 
and libertarians attack this self-restraint.  Ironically, this often results 
in internal restraints being replaced by the  external restraints of police 
and prison, resulting in less freedom, not  more. 
This contempt for self-restraint is emblematic of a deeper problem:  
libertarianism has a lot to say about freedom but little about learning to  
handle 
it. Freedom without judgment is dangerous at best, useless at worst. Yet  
libertarianism is philosophically incapable of evolving a theory of how to 
use  freedom well because of its root dogma that all free choices are equal, 
which it  cannot abandon except at the cost of admitting that there are other 
goods than  freedom. Conservatives should know better.  
_______________________________________________________ 

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