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Opinion from a Libertarian ViewPoint

Posts Tagged ‘Hayek’

Classical Natural Law and Libertarian Theory | Mises Institute

Posted by M. C. on July 8, 2021

I love philosophy up to the point where I start treading it.

https://mises.org/library/classical-natural-law-and-libertarian-theoryCarlo Lottieri

Carlo Lottieri

If libertarianism wishes to give up modern political categories, it has to think about law in a different way. Murray N. Rothbard, the most important exponent of the radical libertarian school, is right when he rejects the historicism and relativism of legal realism and when—for the same reasons—he criticizes Hayek and Leoni.

But unfortunately, he does not really grasp the function of the evolution into classic natural law. Furthermore, his idea of building a libertarian code is completely inconsistent with his frequent references to the Greek and Christian legal heritage.1

In For a New Liberty, Rothbard points out that the history of a changing and evolving law can be useful in order to find just rules: “since we have a body of common law principles to draw on, however, the task of reason in correcting and amending the common law would be far easier than trying to construct a body of systematic legal principles de novo out of the thin air.”2

But the relationship between common law and natural law must be seen differently. Common law is not only an interesting tool for discovering natural law: it has its specific role. Positive law needs to interact with natural law principles, but even the latter cannot be considered as self-sufficient.

Moreover, in his defense of rationality, Rothbard does not realize that law cannot be entirely read into the praxeological framework, which is axiomatic and deductive. The division of theory and history puts some disciplines into opposition with others, but above all it makes a distinction within any single field of study.

Economics, for instance, is a theoretical science if considered as political economics, but a historical and empiric activity if it analyzes what happened in the past.3 This is also true for legal studies, because they have a theoretical part but, at the same time, include many other aspects which, on the contrary, are historical and cannot be examined using logical and a priori methods.

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Author:

Carlo LottieriCarlo Lottieri is an Italian political philosopher with the University of Siena and Istituto Bruno Leoni whose main interests are in contemporary libertarian thought. Most recently he edited an anthology of writings by Bruno Leoni.

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Politicians Have Used This Crisis to Remind Us They’re Mostly Wannabe Dictators | Mises Wire

Posted by M. C. on March 28, 2020

https://mises.org/wire/politicians-have-used-crisis-remind-us-theyre-mostly-wannabe-dictators?utm_source=Mises+Institute+Subscriptions&utm_campaign=e2d30b9f17-EMAIL_CAMPAIGN_9_21_2018_9_59_COPY_01&utm_medium=email&utm_term=0_8b52b2e1c0-e2d30b9f17-228343965

The virus has unleashed petite tyrants to haunt their tiny jurisdictions, using the cover of crisis to arrogate powers belonging to the people.

Witness Robert J. Taylor, mayor of Ostrander, Ohio (population: 643 in the 2010 census), who just declared his village to be in a “state of emergency.” Along with this declaration, the self-righteous mayor instructed constituents to get their news from “trusted sources, which may not include social media in many cases.”

In addition, he admonished them to “Also, please look out for your neighbors and the elderly, in particular.”

Sure, petty nonsense from a petty man. But he also added this, “As warranted, additional measures may be taken until the threat from this virus has subsided.”

So, should our equally petty governor adopt enabling acts and deputize mayors, so to speak, Taylor will gleefully nail decrees on the telephone poles lining either side of main street (really, the only street in his village). And, should those decrees not be given the respect he deems sufficient, he will employ the full force of the apparatus of coercion and compulsion: the state. Measures must always be enforced.

As Hayek showed in his seminal work, Road to Serfdom, “the worst” rise to the top in centrally planned states. However, those trying to move up in a burgeoning centrally planned state can be as evil, given the chance. So, in many ways, the difference between the evil leader on top and those deeper in the nomenklatura is not one of degree, but of opportunity.

I have no idea what drives folks like Taylor—what is truly in their hearts. Nevertheless, the study of human action allows me to assess his actions as means to achieve desired ends. Folks like Taylor use politics as the means to their personal ends. What those ends are, I can only guess, although I do know that he is acting for a reason—a reason, I claim, that does not consider the best interests of his constituents.

Maybe, in an attempt to position himself for the next higher office, he is playing to the media, looking for a guest spot on some local news show—he is already getting local newspaper headlines. Maybe he has aspirations to be county commissioner or governor. Who knows? We do know that he acted, and acted for a reason.

You may object that Taylor really hasn’t instituted some quarantine lockdown or shuttered business, as Ohio governor DeWine has. Taylor is just a shout in the wind. Yet, I believe there is more here. And I fully expect a viral outbreak of similar declarations from other petite officials.

Taylor most certainly read pronouncements from big city mayors. And, if you are in the minors and want to play in the big leagues (should the big leagues ever be allowed to play again), you always need to hit to the fence. Home runs get you noticed, not the odd grounded single. And if each swing further annuls liberty, it’s the old eggs to omelets shrug. Nothing else.

Years ago, I was a petite (possibly petty as well) elected official. I witnessed “the worst” rise to higher office. I always wondered how my fellow school board members would have acted if provided a slightly longer leash. For some, I think, Taylor serves as an example.

Maybe I would have acted the same way with a longer leash, or, better yet, a longer leash and a “crisis” with panicked, loud voices crying for leadership and action.

Yes, Hayek was right, “the worst” rise to the top. However, I believe that there is a codicil as well. Many of “the worst” on their way up are constrained by their current office. Likely, they will not see the top. But that doesn’t mean that, given the opportunity, they would not mimic those who have made it all the way.

The solution, even in a time of “crisis,” is not a haunting state and its officials, petite or otherwise. It is liberty.

 

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Economically Farcical and Ethically Foul – Cafe Hayek

Posted by M. C. on January 26, 2019

https://cafehayek.com/2019/01/economically-farcical-ethically-foul.html

by DON BOUDREAUX

Here’s a letter to the editor of the Wall Street Journal:

Editor:

The GOP effort to allow Pres. Trump, as you describe it, “to raise U.S. tariffs, as he pleases, in retaliation for another country’s tariffs and nontariff barriers” is deeply disturbing (“An ‘Old Testament Approach’ to Trade,” Jan. 24). This antediluvian move not only threatens destruction of the post-war system that has made trade freer, it also would make the world – including America – poorer.

But this move does have one advantage: it reveals protectionism’s immorality. Listening to Reps. Sean Duffy’s and Matt Gaetz’s excuses for this move makes clear that protectionism is a philosophy of predatory self-destruction. Protectionism holds that if Dick impoverishes his neighbor Jane by blocking her access to the grocery store owned by Sam, then Sam is ethically entitled to impoverish his neighbor Sally by blocking her access to the clothing store owned by Dick.

That is, protectionism is a doctrine in which Sam is assumed to be ethically more deserving than are Jane and Sally. It treats Jane and Sally – insofar as protectionism even takes notice of their existence – as pawns whose choices and actions are to be obstructed, and whose well-being is to be worsened, if a tale can be spun about how doing so will improve the well-being of Sam. Sam counts for everything; Jane and Sally for nothing.

Protectionism’s economic farcicality is exceeded only by its ethical foulness.

Sincerely,
Donald J. Boudreaux
Professor of Economics
and
Martha and Nelson Getchell Chair for the Study of Free Market Capitalism at the Mercatus Center
George Mason University
Fairfax, VA 22030

 

 

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Hayek’s Case for Decentralized Communities | Mises Wire

Posted by M. C. on November 25, 2018

https://mises.org/wire/hayeks-case-decentralized-communities

This talk was delivered at the Abbeville Institute’s conference on Secession and Nullification in Dallas, Texas on November 10, 2018.

My talk today is about decentralization and epistemology. At the outset I wish to disclaim any specialized expertise in this subject. I’m a lawyer by training who loves literature and earned a doctorate in English. It would be a stretch to call me a philosopher or a political theorist, hence this anchoring disclaimer to prevent me from sailing too deep into philosophical seas.

I have divided my argument, such as it is, into two parts: the impersonal and the personal. The former is a philosophical case for decentralization; the latter involves private considerations about intimate human relationships around which communities of common purpose organize and conduct themselves. In the end, the two approaches are mutually reinforcing, yielding, I hope, benevolent and humane considerations. Presenting them as separate, however, signals to different audiences whose tolerance for appeals to feeling may vary.

The Impersonal

The impersonal argument boils down to this: decentralized systems of order are more efficient, and hence more desirable, because they better account for and respond to dispersed knowledge across diverse communities with unique customs, ambitions, and values. Heterogeneous, bottom-up systems governed by local institutions that reflect native knowledge, talent, and choices more effectually serve humanity writ large than centralized, top-down systems that are unaccountable to local norms and mores…

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anarcho-capitalism

Anarchocapitalism

 

 

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“The End Of Truth” – Hayek Saw It All Coming Over 70 Years Ago

Posted by M. C. on March 30, 2017

http://www.zerohedge.com/news/2017-03-28/end-truth-hayek-saw-it-all-coming-over-70-years-ago

 “Although the beliefs must be chosen for the people and imposed upon them, they must become their beliefs, a generally accepted creed which makes the individuals as far as possible act spontaneously in the way the planner wants. If the feeling of oppression in totalitarian countries is in general much less acute than most people in liberal countries imagine, this is because the totalitarian governments succeed to a high degree in making people think as they want them to.”[p.171]

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