The Common Law, Free Markets, and Voluntaristic Rather than Coercive Order: Three Great Things That Go Great Together

In America 3.0 we discuss the origins of the common law, and how it was well-suited to adapt inductively to changing conditions, in contrast to the more top-down Roman law that predominated on the Continent.

This recent post on the John Wilkes Club blog, makes this point nicely:

There is no eschatology in the common law: its purpose is to reflect changes in the cultural, social and economic structure, not to direct them towards an objective preconceived in the minds of cultured and erudite elites for our betterment. Likewise there is no eschatology in free markets: they are a tool for the allocation of goods and services according to ever-changing consumer preferences, not for directing them towards some imaginary ‘ideal’ allocation. Not only is there no ethical basis for the social and economic coercion which rational, artificial, imposed order inevitably involves; but also, because even a benevolent genius is trapped in the prison of imperfect information described by Hayek and others, it does not work.

The post cites to The New World of the Gothic Fox: Culture and Economy in English and Spanish America by Claudio Veliz, a great favorite of ours, and concludes in Hayekian fashion: “… the ability to manage the modern welfare state is not just beyond any particular person, but beyond anybody … .”

Quite so. And that why is it is failing. And that is why the next iteration of America will be flatter, more networked, less coercive and better, cheaper and faster at everything that matters. But we have to get all this detritus out of the way, first … .

Cross-posted on America 3.0.

Timeline of British and English Monarchs

This is pretty good.

(Via Helen.)

Immigration

UPDATE: Mickey Kaus now has a column called Gang of 8 Fraud of the Day. Today’s is “Back Taxes.”

Negotiators had to choose between a hard-line approach favored by Republicans, like Sen. John McCain (R-Ariz.), that would have required immigrants and employers to painstakingly piece together a tax history so the government could collect what is owed and a less burdensome option of focusing on people who already have a past-due bill with the Internal Revenue Service.

Yup. No tax audits. Only if they already have an assessment is it pursued.

Rubio’s published materials now often carefully say to-be-legalized immigrants would have to merely ”pay taxes” as opposed to pay “back taxes.” That hasn’t stopped the bogus “back tax” meme from being propagated during Rubio’s current round the clock Con-the-Cons tour.

The Senate has served up another in Harry Reid’s menu of “Unanimous Consent” bills with no hearings and no amendments except those he approves. This is not how the Senate is supposed to work and is a large part of the reason that Congress has produced such bad legislation since 2008. Now, we have another massive bill which is being presented with minimal hearings and debate.

The “Gang of Eight” has written this bill and it is supposed to be fast tracked with no argument. Marco Rubio has been pressing for approval and now Paul Ryan is aboard.

In an interview last week with the Catholic television network EWTN, Ryan recalled his history at Kemp’s side and how they worked together to fight Proposition 187, a California ballot initiative that prevented non-citizens from using the state’s social services.

One reason why immigration worked in this country for 150 years was the fact that immigrants were here to work and support themselves. There was no welfare for them. Prop 187 in California was passed with 60% of the vote and even had majorities in heavily Hispanic districts. It was ruled “unconstitutional” by the California Supreme Court and the decline of the “Golden State” has followed. His reasoning at the time ?

“I actually campaigned with Jack Kemp against a thing called Prop 187,” Ryan told host Raymond Arroyo. He said they both worried that the proposal would burn Republicans within the immigrant community, and “make it so that Latino voters would not hear the other messages of empowerment.”

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Lessons from Boston

Update #2: I have great deal of respect for Richard Fernandez and his opinions.

The second part of the response is that an outsourced, privatized jihad will probably be increasingly met by privatized security regime based on reputation. With the government unwilling to profile in a increasingly vulnerable public space some entrepreneurs may create members-only events where attendance is limited to pre-cleared individuals who pay to have themselves vetted.

I think this has merit.

UPDATE: There have been three more arrests of young people with heavy Russian accents near U Mass. They had a car, a BMW, with the license plate “terrorista #1. Photos at the link.

One jihadist is dead and the other is in custody. The younger bomber’s wounds have not been described so it is impossible to say if he will survive. The emergency is over and now it is time to think about why this happened. It now appears that both young men were long time residents of this country and, at least the younger was a citizen. Both had registered to vote, according to Nexis. The older brother was married with a child. His wife had converted to Islam and, according to reports yesterday, was wearing a full chador when she was taken from their home protesting about a male FBI agent handling a Muslim woman. She was lucky, as one commenter observed, that she was not strip searched as Chechen women have been prominent in terrorism cases in Russia, sometimes as suicide bombers wearing bomb belts.

The majority [of suicide bombers] are male, but a huge fraction — over 40 percent — are women. Although foreign suicide attackers are not unheard of in Chechnya, of the 42 for whom we can determine place of birth, 38 were from the Caucasus. Something is driving Chechen suicide bombers, but it is hardly global jihad.

I doubt the Times’ insistence on the absence of Islamist motives although Chechens have been at war with Russians for centuries. The suicide bomb is a common weapon for jihadists. The Palestinian “Mother of Martyrs” comes to mind.

Mariam Farhat, who said she wished she had 100 sons to die while attacking Israelis, died in a Gaza city hospital of health complications including lung ailments and kidney failure, health official Ashraf Al-Kidra said. She was 64.

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Open Apology

I hereby apologize to our friends across the pond for our current administration not sending anyone (my opinion is that at LEAST they should have sent Biden, but I would have preferred the President himself) to the funeral of Baroness Margaret Thatcher. I guess it was halfway expected. Just Unbelievable.