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Image credit. Since water is one of the vital ingredients for life on Earth, scientists want to know how it got here. One theory is that the water in our solar system was created in the chemical afterbirth of the Sun. If that were the case, it would suggest that water might only be common around certain stars that form in certain ways. But a new study, published today in Science, suggests that at least some of Earth’s water actually existed before the Sun was born -- and that it came from interstellar space. That’s certainly something to ponder the next time you drink a glass of water. But the discovery is also cool because it means water -- and maybe life -- may be ubiquitous throughout the galaxy. Read more at the source. As for us earthlings, the inestimable Coyote has a lot to complain about the way in which we deal with the precious resource. Virtually every product and service we purchase has its supply and demand match by prices. Higher prices tell buyers they should conserve, and tell suppliers to expend extra effort finding more. Except for water. Every water shortage you ever read about is the result of refusing to let prices float to dynamically match supply and demand. And more specifically, are the result of a populist political desire to keep water prices below what would be a market clearing price (or perhaps more accurately, a price that maintains reservoir levels both above and below ground at target levels). [...] Commenting on a 100,000 prize to help solve the water shortage in Arizona, the Coyte notes: I will say that it is nice to see supply side solutions suggested rather than the usual demand side command and control and guilt-tripping. But how can we possibly evaluate new water supply solutions like desalinization if we don't know the real price of water? Accurate prices are critical for evaluating large investments. If I find the time, I am going to tilt at a windmill here and submit an entry. They want graphics of your communications and advertising materials -- I'll just show a copy of a water bill with a higher price on it. It costs zero (since bills are already going out) and unlike advertising, it reaches everyone and has direct impact on behavior. If you want to steal my idea and submit, you are welcome to because 1. The more the merrier and 2. Intelligent market-based solutions are never ever going to win because the judges are the people who benefit from the current authoritarian system. PS- the site has lots of useful data for those of you who want to play authoritarian planner -- let some users have all the water they want, while deciding that other uses are frivolous! Much better you decide than let users decide for themselves using accurate prices. The source. Writes another observer: We actually have no shortage of water in Arizona. Rather, we have too much government. The web of subsidies and regulations of water use creates a false shortage. The source. Related articles The Vision of the Anointed and Science in the Public Square Shale Gas (Fracking) Opponents Entitled to Their Own Facts Continue reading
Posted 2 days ago at RedStateEclectic
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Image credit. Sight or sound of the word "regulation" should not be a cue triggering reflexive reactions - which unfortunately they do with many of us. Liberty calls for regulation, its supporters ought to be aware of the liberating and wonderfully facilitating effects that proper regulations bring about. For the sake of liberty, we need to step in the political arena to defend and foster reasonable regulation, but also to unmask the manifold abuses to which regulation may lead. There are those who think because most people hold political views different from theirs, we therefore live in a decaying civilization dominated by the basest forces. The below article by Cory Doctorow will be "happy news" for them. "Didn't I tell you!" they will shout. And indubitably, there is much foul in the State of Denmark, and deplorably, Segarra's case may well be as egregious as it appears at first reading. Carmen Segarra is a former FTC regulator who joined the fed after the financial crisis to help rescue the banking system -- but she was so shocked by the naked regulatory capture on display that she ended up buying a covert recorder from a "spy shop" and used it to secretly record her colleagues letting Goldman Sachs get away with pretty much anything it wanted to do. The source. At the same time, we should not lose sight of other developments in the regulatory field. I see an important role for those on the side of liberty not just to track down - rarely done by those who think they know it's all one big deceit anyway - and denounce regulation, but to make it better; and an important part of improvement consists in admitting and honing one's faculties of fair and open perception so as to be able to identify, understand, develop and strengthen reasonable forms of regulation. When the watchdogs aren't working too well, it is partly because of the submissive fascination of the left with everything involving state control, which seems to trump their dislike of corporate symbols of capitalism such as Goldman Sachs; and it is also partly because other forces potentially critical of regulation go over the top in a different way, dreaming a nirvana-fallacy-dream that keeps them inactive, apart perhaps from verbal outrage. What they overlook is that no matter how much more free our society might become, regulation will always be an area of contention, of fallible trials, and of hard-to-decide or even undecidable issues, with loads of regulatory problems happening at once and dynamically, i.e. changing their decisive features constantly. Ayres and Braithwaith have written an interesting book ("Responsive Regulation. Transcending the Deregulation Debate") on dimensions of regulation that lie beyond uncritical approval and wholesale rejection of regulatory efforts. See also Administrative Creep and Intellectual Property - Patents as Prizes. Related articles The Liberal Pull of Technology Continue reading
Posted 3 days ago at RedStateEclectic
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My point here does not concern the rate of actual abuse - though I tend to believe that by and large there is a reasonable correlation between top management pay and performance -, it concerns the question of who should be in charge of payment decisions. It really shouldn’t surprise that an awful lot of people are remarkably ignorant about the world that they inhabit ... ... erroneously thinking they are competent and entitled to call the tune on executive pay. The error though is in what is then assumed should be done about it. For of course you can already hear the screams (from people like the High Pay Commission) insisting that as the average voter doesn’t want there to be this income disparity therefore there should not be this income disparity. The error being that what the CEO of a large company gets paid is none of the damn business of the average voter. It’s the business of those doing the paying: and if the shareholders in a company wish to pay the person managing their business handsomely then that’s entirely up to them. Nothing to do with the jealousy of the mob at all. There is a small coda: some argue that it’s the same old interlocking boards that keep raising the CEO’s pay, knowing that their own will get raised in turn. The theory that the managerial class is ripping off the owners, the shareholders. It’s true that this could happen, principal/agent theory is true. However, if this were true then private equity would be paying their managers considerably less than public companies do as they would not be subject to this rip off. Given that in reality, out here in the world, private equity pays very much better than public companies do then this isn’t true either. The source. Related articles How Adam Smith Taught Karl Marx Nonsense A Binge of Non-Value-Adding Spending Continue reading
Posted 3 days ago at RedStateEclectic
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Image credit. The intellectual standards of academics nowadays! Fred Block refers to capitalistic freedom as the "the Robinson Caruso [!!!] freedom", at time mark 09:43, if you care to watch this not-a-must-see-interview, and immediately goes on to explicate: The freedom of some people to make a lot of money has a lot of consequences for the lack of freedom for other people who then have to work in Wal-Mart at low wages or whatever ... I quote this excerpt not because I am particularly eager to point you to the interview. For the purpose of this post, I am solely concerned with a widely held attitude resonating in Block's pronouncement, which is congeneric with a rather popular argument that never fails to annoy me for being immensely absurd and hypocritical. What I have in mind is the subliminal idea that there is a special class of people with a duty, call it the E-duty, as basic as the most elemental personal rights, to create opportunities for safe, durable and satisfying employment for another class consisting of people that are either not willing to or not capable of providing employment to anyone, while at the same time being fully exempt from the E-duty. When people attack, say, "capitalist swine X" for laying off employees or not paying wages deemed sufficient by their recipients, I ask the accusers why it is that they do not provide these workers with employment at agreeable wages? In not even trying to provide jobs, are the accusers not being even more egotistical than "capitalist swine X"? Apparently, it is perfectly virtuous for employees not to even begin to create employment and a flow of income to the employed, while the same inability or unwillingness in employers is being considered a moral failing of the severest kind. If the accusers thought matters through, they would find that the non-employing employee would by definition have to be regarded as being morally more base than the employing employer, who at least provides some employment and some income for others. See also La donna è mobile. And more on it here. Related articles Letter to Nebraska - The Causative Precedence of Profits over Wages The Conscience of a Liberal Continue reading
Posted 6 days ago at RedStateEclectic
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Image credit. Kevin Williamson notes, New York City is not only poorer than the New York State average, its median household income is, in absolute dollar terms, lower than that of such dramatically less expensive areas as Austin, Texas, or Cleveland County, Okla., where the typical household income is a few thousand dollars a year more than in New York City but the typical house costs less than a third of what the typical New York City home costs So [- asks Arnold Kling -] why don’t people move from NY to cheaper cities, until something closer to parity is restored in the cost of living? How can the poor afford to live in New York? Any ideas? Tentative answers by Arnold Kling and others. Continue reading
Posted 6 days ago at RedStateEclectic
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The study of human institutions is always a search for the most tolerable imperfections. Richard A. Epstein The Classical Liberal Constitution (1/2), The Case for Classical Liberalism, Classical Liberal vs.Libertarian vs. Anarcho-Capitalist, Cheese and Liberty. Related articles The Classical Liberal Constitution (2/2) Continue reading
Posted Sep 23, 2014 at RedStateEclectic
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Image credit. Foie Gras, a speciality of my Alsatian neighbours, is among the top ten of my favourite dishes. An hors d'oeuvre to be accompanied by a glass of Muscat d'Alsace, a delicious apperitive wine, best cherished in a cosy automnal or winter environment. Related articles Do Not Watch This food & wine of the Alsace Class 3 Part 1 J'adore l'Alsace: Amanda's Bike Tour in Alsace Continue reading
Posted Sep 23, 2014 at RedStateEclectic
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Image credit. No comment. See also A Ship with the Engine Off. Continue reading
Posted Sep 23, 2014 at RedStateEclectic
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Now, this is exceptional. Continue reading
Posted Sep 22, 2014 at RedStateEclectic
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Image credit. "Ukelele Serenade" by Aron Copland is a truly remarkable piece of music; it has a pantomimic quality to it, if I may use this oxymoronic phrase, conjuring funny characters before my eyes. I am not sure I have ever been amused by music before I heard "Ukelele Serenade". See also Die Schreibmaschine. Continue reading
Posted Sep 22, 2014 at RedStateEclectic
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Image credit. Absence of Nuisance, Increased Options, and Happiness I am reading Arnold Kling's recommendable Learning Economics. Perusing his chapter on "Can Money Buy Happiness?" prompted me to rephrase my view of the happiness-matter. I wrote these encapsulating comments in the margins: Happiness is finite in all stages of human and civilisatory development -- unlike the inclination of human beings to extend freedom from nuisance and increase the options available to pursue one's developing interests and preferences. One cannot be infinitely happy or content, but there are no limits to man's ability to improve his lot by shielding himself from nuisance and attaining better options. Painless dental care or the right to choose freely among a large number of occupations rather than being forced to pursue one's father's occupation -- the attainment of aims such as these will not move the ceiling of happiness any higher than advancements achieved at earlier stages of human development. Yet, they will be pursued because they remove nuisances and widen the range of options from which one may choose. This assessment is based on my anthropological views, whose core tenet states that man is the animal that adjusts to its environment by constantly developing new desires, needs, interests and preferences. Humans are neither built to enjoy permanent rapture, nor is their personal and social weal dependent on constantly high levels of happiness. What is far more important for human wellbeing is (a) the absence of nuisances and (b) the presence of fruitful avenues for personal development; both of which conditions will be accompanied predominantly by low levels of emotional involvement - think of the meditative quality of much of what one likes doing -, though they may lead to an overall situation associated with words such as "happiness" or "contentment". Two Meanings of Happiness Happiness as the object of assessment and happiness as an emotional state are two very different kinds of animals. The former will tend to refer to a cluster or series of episodes most of which do not involve high levels of emotionally present happiness. While writing this post, I am largely free from disturbances and enjoy the pursuit of a large range of options (to argue this or that, to do something else) allowing me to apply myself to activities that I feel drawn to. None of these components of the overall activity are of an emotional quality that I would designate as "happiness". In fact, it is not rare that pain and effort are involved, as when I fail to find the right words or discover contradictions in my beliefs. It is the overall activity, including the satisfactory result brought about by it, that I tend to refer to when speaking of happiness - happiness as the object of assessment. And this seems to be rather in keeping with my anthropological theory: to be in balance, man does not so much need a permanent stream of ecstatic feelings but the ability to adopt to his environment by creating and fulfilling new desires, which is why I do not read the same book a million times and do not stop playing tennis after the first match, but look for renewed challenges. So, happiness can be either (1) a localised feeling, mostly of high intensity, or the object of a broader assessment, in which latter sense it is (2) the expression of a balance between our manifold human faculties and the surrounding in which we find ourselves. In its second import, happiness is not necessarily an event of high emotional intensity; in fact, it may be deemed pleasant precisely because it lacks the grip of passion. At any rate, while happiness as a localised feeling, mostly of high intensity, is finite both in its intensity and frequency, and a mere component among many other components of wellbeing, happiness as expression of a balance between the human and her environment is infinite in its permutations, a challenge to be approached in an infinite number of ways, and a complex achievement comprising many components of very different kinds. Striving for happiness in this sense is part of human nature, and does not lose its high significance for a person because she has surpassed a certain level of income or wealth. Happiness Research and Behavioural Economics Happiness research and behavioural economics tend to be popular with those who believe in a world view that seeks to infantalise and hospitalise the average man, i.e. turning him into the subject on which political paternalism is eager to perform its human experiments. The happiness researchers' perfidious argument then runs like this: our studies show that an income/wealth level above $ 50.000 does no longer increase happiness; so it is fine to take income/wealth above that threshold and to redirect it to those who at lower levels still stand to enhance their happiness either by receiving the redistributed funds directly or by the help of authorities thus funded. "The rich" are thieves of happiness; they misappropriate resources that are needed to make other people happy. Wastefully happy, "the rich" are denying "the poor" their share of happiness, as the latter are lacking the very resources squandered on the richmen's exhausted capacity for happiness. Headline: "Economic Research Shows Politics Needed to Achieve Just Distribution of Happiness" - when in fact, there is no economics involved whatsoever, but a highly biased, agenda-driven, and ill-thought through concept of happiness. Behavioural economists, in their turn, work ardently on "proving" that human beings are (far more) irrational (than previously thought) and hence dubious candidates for responsible action that need to be taken custody of. See also Equality - the Robber's Excuse and Enculturated Poverty. Related articles Happiness and Freedom Community Service - A Graduation Speech Continue reading
Posted Sep 21, 2014 at RedStateEclectic
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Gas attack on the West Front, near St. Quentin 1918 -- a German messenger dog loosed by his handler. Dogs were used throughout the war as sentries, scouts, rescuers, messengers, and more. (Brett Butterworth) - image credit. The first world war was only two months old, one hundred years ago, a maelstrom gorging on everything living and alive. Vintage everyday has a fascinating series of black and white pictures showing humans and animals in World War I. See also 28 July 1914 - Outbreak of World War I. Continue reading
Posted Sep 21, 2014 at RedStateEclectic
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Image credit. I think, this is a very creative question, and good exercise for one's mind: Whenever I interview someone for a job, I like to ask this question: “What important truth do very few people agree with you on?” His rationale for asking the question is that if you cannot be truly contrarian, then you cannot be an innovator. My answer would be that I believe that the Fed has very little influence on inflation and interest rates. I think it is fair to say that very few people agree with me on that. The source. Related articles Reinvention vs. Intervention The Political Asymmetry of Truth and Falsehood Continue reading
Posted Sep 21, 2014 at RedStateEclectic
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Image credit. It is the time of the year when summer and autumn are alternating and interfusing. The last two nights were almost hot summer nights; with days of blazing light emanating from a still powerful sun, leaves taking on the colours of autumn, and many already falling. Today was a a grey and dark day of heavy rain, almost like on a snow-less winter day, apart from the mild temperature. Shrill shriek the crows that to the town in whirls roam: soon come the snows - weal unto him, who - has a home! Read the full poem at the source. Continue reading
Posted Sep 21, 2014 at RedStateEclectic
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Image credit. The logic of modern technology underscores the importance of liberty for the advancement of our civilisation. In an article well worth reading, Larry Downes argues forcefully that "largely absent from the platforms of Republicans and Democrats" there is an urgent need for a radical shift at all levels of government, from laws and policies that delay and deflect disruptive change to an agenda that maximizes the profound potential of technological inventions to improve the human condition. [...] There’s a better and safer way to protect and encourage disruptive innovation. First and foremost, governments must recognize severe limits in their ability to shape the destination, if not the trajectory, of disruptive technologies. Technology and policy run at different clock speeds, and the gap is getting wider. Even with the best of intentions, the most nimble regulatory agency still can’t keep up with the pace of change in consumer markets. When they try, the result, more often than not, is the invocation of the law of unintended consequences, where rules intended to encourage such noble goals as enhanced competition or the public interest wind up doing just the opposite. A pro-innovation agenda begins instead by recognizing that markets are far more likely to resolve market failures than regulators, and to do so at a lower cost. This is not because markets are perfect, or appropriate subjects of uncritical reverence, but simply because markets react more quickly than do governments to the negative but usually short-term side effects of disruptive innovation. The next generation of technology is far more likely to remedy consumer harms than regulatory intervention can, and with considerably less economic friction. [...] Americans, especially those under the age of 30, are deeply cynical about the political process. They live in a universe where technology can be counted on to make the world better and more interesting every 12 to 24 months, where life is approached as a series of problems to be solved through clever hacks, where even impractical dreams can be realized in weeks through a successful Kickstarter campaign. Why should they trust policy-makers who don’t live in their world, or share their optimism for its future, and who can’t be counted on to do what it takes to maximize its potential? Even if that just means staying out of the way. Make sure to read the entire article. Continue reading
Posted Sep 20, 2014 at RedStateEclectic
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Scotland votes on independence on September 18 after centuries of being united with England. The referendum on devolution is being carried out in a constitutional and peaceful way, writes Prince Michael of Liechtenstein. London agreed to the referendum realising that secession is better than forcing Scotland to remain in the union against the wishes of a majority of the Scottish population. A union is only strong if membership is voluntary. London’s response is more reasonable than Madrid’s reaction to the demands of Catalonia. Madrid claims that a referendum on independence among Catalans would be unconstitutional and illegal. It appears the Scottish referendum will be a close call with both sides neck-and-neck, but actual voting is often different to opinions given for a poll. Independence is also a road into the unknown. Read the entire assessment. Continue reading
Posted Sep 18, 2014 at RedStateEclectic
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Image credit. When what is severed by time, happens at once. A meditation on time. See also Funny How Time Slips Away. Continue reading
Posted Sep 18, 2014 at RedStateEclectic
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Image credit. In "Restoring the Lost Constitution", Randy Barnett argues that the Constitution cannot claim to be based on an act expressing unanimous consent by "We the People". So how can the Constitution command legitimacy, or be "binding in conscience", in Barnett's weighty, yet not entirely clear formulation? He offers an intriguing answer that, admittedly, I have not yet thought through sufficiently: Because people may consent to almost anything, they have the liberty to consent to laws that greatly restrict their freedom. In the absence of actual consent, however their liberty remains intact and must not be infringed. In sum, though actual consent can justify restrictions on freedom, without actual consent, liberty must be strictly protected. Therefore, when we move outside a community constituted by unanimous consent, every freedom-restricting law must be scrutinized to see if it is necessary to protect the rights of others without improperly violating the rights of those whose freedom is being restricted. (p.45) And a little earlier on, he explains: For consent to matter in the first instance, we must assume ... that "first comes rights, and then comes law" or "first comes rights, then comes government". And this proposition, once accepted, helps explain how lawmaking can be legitimate in the absence of consent. For a law is just, and therefore binding in conscience, if its restrictions are (1) necessary to protect the rights of others and (2) proper insofar as they do not violate the preexisting rights of the persons on whom they are imposed. (p.44) 1. The argument itself One of the strengths of this argument is that it creates both a foundation for democracy, and a basis for principled arguments for the containment of democratic power. It seems to me, however, that it does require further support from a logically antecedent consideration: why should it be just that everyone have the same basic human rights, why should it be just that everyone be equal before the law? Only if these implied demands are justified would the argument appear to be complete. This, however, leaves us with an open-ended debate, in that the validity of the underlying assumptions are contestable and are, indeed, being permanently contested by voices that include those of liberals. (1) The religious mooring of the underlying assumptions can in principle be and indeed is copiously and perhaps even increasingly called into question. Even among sharers of the same religion there are wide divergences in assessing the appropriateness or meaning of constitutional precepts or their implications. (2) This problem does not disappear when rationalistic grounds are appealed to, say in the manner of Murray N. Rothbard, instead of revelatory authority, i.e. if arguments from first principles are offered to motivate the validity of a Constitution. (3) Ultimately, one will find himself caught up in a consequentialist debate as to the beneficial or unsatisfactory effects of heeding the rules of a Constitution - and this is what has been going on ever since even before the American Constitution has become the law of the land. In other words: the Constitution needs to be defended every day. Not least because the Constitution does leave room for interpretation, dissent and alternative proposals. 2. Pragmatic-Snapshot-Theory-of-Legitimacy At any time, people take for granted (the desirability or extsience or both of) a large number of explicitly stated or implied laws. In terms of consent, this unquestioning concurrence alone takes care of a wide range of constitutional precepts. People are not in open revolt against them, indeed mostly accept them as normal part of the social order. The remainder of the Constitution will have to be chosen so as not to evoke resistance by the people at large or by groups powerful enough to overthrow it. Keeping the Constitution viable requires room both for defenders and dissenters. The Constitution must be rooted in grown cultural practice and at the same time provide a framework within which a meaningful debate over its validity and implications can take place, inevitably comprising a spectrum of diverging interpretations. What I find particularly interesting is the hypothesis - which I treat as a fact - that moral and legal conventions (customary law) can actually spring into life and later turn into precepts of the written and formal law without being part of an overarching, premeditated ethical design. This accounts for the fact that in a number of ways we find it difficult to rationalise the morality or establish the rational completeness of an ethical or legal system. Notwithstanding the multifarious efforts at conscious rulemaking, all in all the vibrant web of moral conduct and lawfulness is a growth and not a construction designed to fulfill criteria of perfect logical consistency. The law grew to be what it is: a constantly challenged, constantly remoulded survivor among other practices that lost out or never came into existence to begin with. We do the things we do, because they are useful and they help our lot to survive when others decline or perish on account of disregarding what we have found to be advisable. Has there ever been an election trying to establish the fifth commandment by unanimous consent? Hardly. Does this make the maxim less cogent, less legitimate? Hardly. So, it is likely that a Constitution will incorporate precepts that make it rather acceptable to most people because it protects more or less broadly human and cultural expectations that "we the people" are used to act upon, and would be upset if we could not rely on them to find orientation in social life. In sum: unanimous consent is impossible - for a Constitution to attain legitimacy what is needed is cultural compatibility, and credible, generally accpted forms of defending, contesting and developing it. I suspect, the Stalin constitution did fulfill these criteria for a number of years in that it scored highly with regard to cultural compatibility, while the backlash in terms of discursive credibility was significantly delayed by the same mechanisms of persuasion and suppression that were propping up cultural compatibility for... Continue reading
Posted Sep 17, 2014 at RedStateEclectic
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Contrasts of black and white can be wonderful, but they are not a useful pattern to grasp freedom. Image credit. As with a number of other ideological staples of certain brands of demagogic libertarianism, I have come to oppose also their contempt of democracy. Like anarcho-capitalism and crypto-anarchism, both of which many libertarians subscribe to, we are dealing here with bundles of attitudes that purport to favour freedom while, in fact, they are incompatible with her. A free society is unthinkable unless all citizens have access to the processes of (a) government and (b) the control of government. Political participation is as vital to freedom as it is complex, multi-layered, ambiguous and often messy and woefully imperfect. However, these deficiencies are only additional reasons for the need to defend freedom through the political processes of an open, democratic society. Underlying libertarian contempt for democracy is an unwillingness to acknowledge the presence of political scarcity, i.e. the presence of political ambitions that are fiercely rivalrous, that is: the presence of diverging political values and aims that are intensively desired, yet incapable of being met simultaneously. There are vast fields of political scarcity in a modern society, in fact, in any type of society. The libertarian conceit is that markets or market-type bilateral and mutually consenting transactions can successfully overcome political scarcity. The fact of the matter is, however, they cannot. Libertarians of the anti-democratic bent manage to misunderstand both the nature of markets, which are NOT conflict-mitigating institutions, but expressions of the absence of conflict with regard to the specific contents of a certain transaction between trading parties, and political processes outside of and unreplicable by the world of markets, including the political processes of a "composite republic", or to put it differently, a "republican democracy", which are intended to act as conflict-mitigating institutions. The often triumphantly evoked fact that the constitutional texts do not contain the word "democracy" is spurious. The American Constitution is a product of democracy, and it is purposefully enmeshed in a network of democratic processes, or as Akhil Reed Amar writes in his magisterial America's Constitution. A Biography: It started with a bang. Ordinary citizens would govern themselves across a continent and over the centuries, under rules that the populace would ratify and could revise. By uniting previously independent states into a vast and indivisible nation, New World republicans would keep Old World monarchs at a distance and thus make democracy work on a scale never before dreamed possible. See below Philip Pettit's lecture recently held at University College Dublin, in which he outlines the contours and challenges of republican democracy - the lecture itself commencing at time mark 04:00: See also my Liberalism - A Manifesto. Related articles Political Scarcity The Market Is Not a Democracy Continue reading
Posted Sep 16, 2014 at RedStateEclectic
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Image credit. Get the thought in your head, and you will find beauty of commercial origin everywhere. The Apple Watch isn't a tech miracle. It requires a phone to work, creating an Occam's-razor moment for the consumer: Do I need another device if I still have to carry my phone around with me everywhere? Samsung has overcome this by offering a smartwatch that doesn't need a phone. The Apple Watch's functionality isn't market-beating. It's a basic fitness tracker that can count steps, measure the heart rate and prompt the wearer to be more active. The device can handle messaging the way its competitors do. The Siri voice assistant makes an expected appearance. Though Apple Chief Executive Officer Tim Cook seemed enthusiastic about the watch's useful features, they are too boring to discuss -- particularly in comparison to the Apple Watch's beauty as an object. Read the entire review. See also Freedom and Art. Related articles The Paradox of Freedom Enculturated Poverty Continue reading
Posted Sep 10, 2014 at RedStateEclectic
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Image credit. Oh, that's what it is. I guess we would have called it hard rock, in my days. The 20-year-old sun of a friend of mine has been to a "metal" concert recently, and I want to be sure I know what he is talking about. Not much different from rock as I knew it during the 1970s, "metal" seems to be perhaps more versatile, more eager to interpret different musical styles from classic music to German folklore or soft rock classics such as "Popcorn", though even such diversification was not uncommon in my youth. Related articles The Incorrigible Popcorn Eater Continue reading
Posted Sep 9, 2014 at RedStateEclectic
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Image credit. Until just over a century ago, the idea that a company could be a criminal was alien to American law. The prevailing assumption was, as Edward Thurlow, an 18th-century Lord Chancellor of England, had put it, that corporations had neither bodies to be punished nor souls to be condemned, and thus were incapable of being “guilty”. But a case against a railway in 1909, for disobeying price controls, established the principle that companies were responsible for their employees’ actions, and America now has several hundred thousand rules that carry some form of criminal penalty. Meanwhile, ever since the 1960s, civil “class-action suits” have taught managers the wisdom of seeking rapid, discreet settlements to avoid long, expensive and embarrassing trials. The drawbacks of America’s civil tort system are well known. What is new is the way that regulators and prosecutors are in effect conducting closed-door trials. For all the talk of public-spiritedness, the agencies that pocket the fines have become profit centres: Rhode Island’s bureaucrats have been on a spending spree courtesy of a $500m payout by Google, while New York’s governor and attorney-general have squabbled over a $613m settlement from JPMorgan. And their power far exceeds that of trial lawyers. Not only are regulators in effect judge and jury as well as plaintiff in the cases they bring; they can also use the threat of the criminal law. The source. See also Administrative Creep and Sue and Settle. Related articles The criminalisation of American business - The Economist Corporate settlements in the United States: The criminalisation of American business Continue reading
Posted Sep 8, 2014 at RedStateEclectic
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At The Library of Law and Liberty blog, Michael S. Greve has an intriguing post on "The German Connection". After the collapse of the Third Reich, there was a thorough rejuvenation of the rule of law (Rechtsstaatlichkeit) in Germany, the substantive notion of the rule of law being strongly committed to liberal (European meaning) principles. At a time when progressives continued in renewed waves to turn over the liberal conception of the rule of law in the US, German courts would stubbornly and successfully defend the newly regained liberal legal regime in Germany. In the late 1960s, courts and then Congress institutionalized so-called “citizen suits” against government agencies. Unlike regulated parties, citizen plaintiffs don’t have at stake anything you’d recognize as a right; they represent broad, widely shared values. (Environmental groups are the prototype.) The idea was that agencies were routinely “captured” by regulated industries, so there had to be a counterweight—parties with legal entitlements to make executive branch agencies obey the purposes of Congress, as embodied in statutory law. To that end, statutory citizen-suit provisions typically authorize “any citizen” to sue the administrator for failure to perform a non-discretionary duty. So when the statute says that the Environmental Protection Agency “shall” regulate and the agency falls short, environmental groups have a cause of action. They’re equal participants in the agency rulemaking process and in court. At that time, what was then West Germany was also discovering the issue of protecting the environment. People were apoplectic about pollution. Nuclear reactor sites had to be protected with paramilitary force. A Green Party was beginning to form. And, some lefty law profs trooped to Harvard, learned about citizen suits, and tried to import them into their own country. They penned learned articles about the “enforcement deficit” in environmental law, wrote model statutes, and proclaimed that even Amerika has citizen suits, the better to promote law and democratic participation. Why can’t we have that? Because you can’t, the West German legal establishment responded. The key argument against citizen suits was not that they would disrupt orderly administration, or invite abuse, or overload the courts. It was: what you people are advocating is Nazi jurisprudence. We’ve thought and worked for decades to get rid of that garbage, and you’re not going to undo our accomplishments just because people get upset about—well, garbage. The citizen-suit trial balloon soon shared the Hindenburg’s fate. There’s no trace of the debate in administrative law to this day. To be absolutely clear, I am not calling U.S. public interest groups and citizen-suit advocates Nazis. My point is that a legal instrument that well nigh everyone stateside accepted, often with great enthusiasm, went down in flames over there, as an intolerable assault on a liberal legal order. To rehearse the German professoriate’s key argument against citizen suits: The point of law and especially administrative law (they said) is to protect rights against coercive state interference. To that end, we have independent courts that will perform de novo review on law and facts. If we want to keep that up, we must limit the courts to rights protection. They can’t review the legality of governmental conduct outside that context. A plaintiff who sues for that purpose is asking the court to command the performance of his private idea of how public authority ought to be exercised, and that’s not a right he has or courts can enforce. Likewise, it’s not the business of courts to make government and law more “democratic.” There are institutions, such as political parties and parliaments, to safeguard democracy and participation. Courts, in contrast, guard rights—if need be, guard them against democratic demands. If you want to mobilize courts as engines of law-enforcement and democracy (the argument continues), they can’t be independent. If you want them to do the will of the people, go make them instruments of that will—and stop the pretenses about individuals’ rights. Germany took that path once: in 1934, the Reichstag authorized a version of the allgemeine Buergerklage—the general citizen suit. It did so for obvious reasons. The inherited Weimar bureaucracy might not always enforce the new authorities’ race laws with the requisite speed or resolve. What was needed were actions by private informers or Citizens United for the Separation of Jews and State to enhance public participation and ensure obedience to law. That meant, however—and alongside the enormities recorded by history—the end of an independent judiciary. You cannot surrender the exercise of law to “democracy,” nor can you surrender the Staat to a “movement.” Not if you want to have a liberal Rechtsstaat and a judiciary that is institutionally disposed to protect rights. Make sure to read the entire piece. Continue reading
Posted Sep 8, 2014 at RedStateEclectic
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Image credit. Art is costly, art is scarce -- what capitalism does it drives down costs and it helps reduce and better manage scarcity. As a result, under capitalism we are being inundated with art, with beauty or at least with enormous arsenals of objects and impressions in which to look for and find - based on personal standards - high aesthetic quality in plentiful supply. The greatest contemporary source of art is the free market and the increased wealth derived from it that gives ordinary human beings hugely enhanced options to beautify their environment both by their private activities as well as in their professional capacities. Only, we tend not to notice this wonderful source of art. The artful has become a normal ingredient in serving the masses of consumers; art is used to advertise other goods, and it is an auxiliary service or benefit built into commercial products, rendering obsolete the need to make art itself the object of advertisement. Freedom has largely destroyed a world where art could be enjoyed and produced only by small, privileged elites. However, the modern art establishment endeavours to perpetuate the bygone air of exclusivity. Modern "shock art", as characterised in the video, seems to me to be involved in a losing rearguard battle intended to defend the exclusivity of art in a world that produces beauty en masse, being driven in this commendable tendency by the rewards from supplying the broad population with products of integral or incidental artistic value. Freedom democratised the ability to produce beauty -- just compare what the average house owner/occupier today is able to accomplish to make his dwellings more beautiful compared to a hundred, or two hundred years ago. Modern cities are treasures of beauty. To me, at least, a clean and neat town is a piece of aesthetic delight; how much more dirty and grotty than today were towns only 30 or 40 years ago. I agree with most of what the gentleman in the below short video has to say, though I am not sure I am entirely clear as to what objective standards of beauty may consist of. He does not mention one of them. While I do not have a theory what beauty is, I know that I am surrounded by it more than ever - thanks to freedom. See also Gains Crisis and Gains Enhancement in the Arts. Continue reading
Posted Sep 7, 2014 at RedStateEclectic
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My interest kindled by Ed Steven's post Burke and Paine ... Together Again quite some time ago, I still have not found the time to read Yuval Levin's book. In the meantime, I am glad to take advantage of a short cut to The Great Debate's narrative and some of its messages. Enjoy: Continue reading
Posted Sep 6, 2014 at RedStateEclectic