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  • Archive for the 'Political Philosophy' Category

    Pretty Scary

    Posted by David Foster on 17th May 2019 (All posts by )

    Martin Wolf, writing in the Financial Times, displayed the above graph, which is taken from this article in the Journal of Democracy.

    After seeing this graph, I was going to put the title “Absolutely Terrifying” on this post.  But when looking at survey data, I like to dig into the source information a bit and look at the wording of the actual questions asked.  This data comes from something called the World Values Survey, and the specific question is:

    How important is it for you to live in a country that is governed democratically? On this scale where 1 means it is “not at all important” and 10 means “absolutely important” what position would you choose?

    I wondered how the results would look if I added the “9”  answers, one notch below “absolutely important”, to those who gave the highest possible importance answer…then did the same thing when adding the “8” respondents.  Here’s what I got (US data only), summarized.

    “Absolutely Important” only:

    1930s 63%
    1940s 56%
    1950s 57%
    1960s 47%
    1970s 43%
    1980s 27%

    “Absolutely Important” plus “9” responses:

    1930s 78%
    1940s 74%
    1950s 67%
    1960s 61%
    1970s 57%
    1980s 40%

    When I also add those who assigned democracy an “8” rating, I get a total of 89% for the 1930s cohort falling to 77% for the 1960s birth and 53% for those born in the 1980s.

    (There have been six “waves” of the World Values Survey; I used only the most recent one, which probably explains why my numbers for the “absolutely important” category are slightly different from those shown in the graph.  The data is openly available here, and the display and crosstab toolset is very easy to use.)

    So the results are slightly less-alarming than they appeared at first glance, which is why I changed the title of this post from “Absolutely Terrifying” to “Pretty Scary.”  Still, 40% is less than half, and the indication that only 40% of the 1980s cohort value democracy as either “maximally important,” or one step down from that, should be of considerable concern.

    Your thoughts?

    Posted in Civil Liberties, Deep Thoughts, Europe, Human Behavior, Political Philosophy, Politics, USA | 16 Comments »

    Anecdotes: The Uber Driver

    Posted by Jonathan on 14th May 2019 (All posts by )

    A couple of months ago in an Uber:

    The driver, a Haitian immigrant, is listening to an NPR interview with Pete Buttigieg, the South Bend, IN mayor and Democratic wunderkind. The questions are softballs and Buttigieg gives polished, mellifluous, contentless answers in his perfect NPR-announcer voice. He is exploring the possibility of running for President. He thinks more young people should consider government careers. He is married to a man and this fact pleases the interviewer. There are no questions about the role of the presidency or about how someone as young and inexperienced as Buttigieg could possibly be qualified.

    The driver says, Why do people in this country think running for office is the only way to help their country? Why don’t they start businesses and create jobs instead?

    I attempt a rational answer along the lines of: Most productive people don’t run for office and the people who do run for office aren’t typical. But the driver’s question was mostly rhetorical. Buttigieg is obviously a talented guy who could be successful in many roles yet chose retail politics. He fits a profile: Young, ambitious, vague on political philosophy and with a resume that suggests a disciplined long-term effort to groom himself for high elected office. This is not the profile of a normal person and it engenders suspicion in people who have conservative temperaments. The Uber driver is clearly someone with a conservative temperament. Many other Americans, it appears, are not. Time will tell which approach – brilliant resumes and glibly articulated rationality, or respect for experience and hard realities – will prevail politically.

    Posted in Human Behavior, Leftism, Political Philosophy, Politics | 5 Comments »

    America, the Land of the Free Lunch and the Home of the Brave Easily Traumatized

    Posted by Kevin Villani on 3rd May 2019 (All posts by )

    As a Boston area baby boomer, I belted out the National Anthem in my youth with conviction at sporting events. Massachusetts educators emphasized its role as the birthplace of the American Revolution from distant unaccountable politicians (leaving out the crucial role of fake news written and published by the infamous brewer’s son Sam Adams) and the motivating principles, summed up by Virginian Patrick Henry’s immortal phrase: “give me liberty or give me death.”

    In the 1970s Boston’s U.S. Congressman Speaker of the House Tip O’Neill quipped “all politics is local.” Now the progressive daily prayer on Twitter begins “Our father, who art in Washington D.C. give us money – a guaranteed minimum income, reparations, welfare, entitlements, etc. and other free stuff – food, housing, medical care, a college education.”

    Bostonian President Kennedy’s appeal to voters’ patriotism in the 1960’s to “Ask not what your country can do for you. Ask what you can do for your country” is reversed today. Patriotism is as out of favor with many millenials (who proudly display their participatory soccer trophies) as are the Boston (now New England) Patriots for hogging the Super Bowl Trophy this century, stigmatizing other teams as “losers.”

    Competing Foreign Ideologies

    Traumatized by competing ideas, many millenials would trade U.S. competitive capitalism and individual freedom for a free lunch. “History doesn’t repeat itself but it rhymes” according to Mark Twain. The core contemporary national political issue is whether America’s popular progressive ”social democracy” ideology rhymes with its founding principles and historical values or foreign ideologies that threaten the body politic?

    The Communism Threat

    The Bolshevik Revolution ended an anachronistic Imperial dynasty in a country with no prior democratic traditions. Communist intellectual Leon Trotsky promised a utopian Marxist socialism, international brotherhood and the end of nation-state competition for resources as the state would wither away. Communist atrocities under Stalin, murders and deaths measured in the tens and hundreds of millions, predated the WW II Western Alliance in a desperate attempt to industrialize a backward agrarian society.

    Stalin promoted opaque Russian Imperialism under the banner of brotherhood. Soviet skullduggery in post War elections in Europe and around the globe – and CIA involvement to counter it (or visa-versa) – was widespread. The post WW I & II “Red Scare” of communist infiltration of state institutions in the U.S. was somewhat over-blown, but the belief that communists could be elected in a democracy based on false promises then turn dictatorial and refuse to relinquish power as has occurred most recently in Venezuela, was well founded. Fearing such a cancer on the body politic, the Communist Control Act of 1954 outlawing the Communist Party in the United States suppressing free speech passed with the full support of progressive Democrats who wanted to distance themselves from ”Uncle Joe” Stalin (and later, many others, including Mao).

    Fascism, Communism’s Cousin and Bitter Political Rival

    Hitler came to power in democratic Germany promising economic prosperity, understandably as wartime consumer deprivation far exceeded that of France and Britain (where communist sympathies were widespread), and post war reparations inhibited a consumer recovery. Although Mussolini, the founder of European fascism, once headed the Communist Party in Italy, and Hitler founded the National Socialist Party, neither implemented socialism domestically. By national, they meant a return to Germany’s pre-War greatness: consumers initially benefitted from a massive boom in defense spending before once again suffering wartime deprivations.

    The nationalist agenda was less imperial than traditional. European history since 1453 is largely related to border wars as Germany is caught in the middle between the British and French empires to the west and Russian empire to the east: only the scale of Nazi eastward border expansion represented a radical departure. In Hitler’s view this rhymed with American westward expansion and genocide of the indigenous populations. He persecuted the Jews, even ethnic Germans, based on Nazi perception of Jewish financing of German enemies on the WW I battlefield and in the labor movement fomenting unrest on the home front and their perceived outsized influence in the Bolshevik communist movement (Trotsky was Jewish).

    Hitler inherited a failing German economy. He was aware that the economic potential of the western capitalist powers were orders of magnitude greater and growing faster, causing him to knowingly take enormous risks to address what he believed was an existential threat. Even as he acquired new territories he was playing catch up. Unlike Stalin, he was not driven by an anti-capitalist economic ideology, but intervention in the German economy increased as the Wehrmacht consumed an ever increasing share of GDP – over half at the peak – relying on private enterprise and the profit and price mechanism to the extent feasible (and arguably more than FDR) relative to the size of the war effort. Dictatorial power and crony capitalist corruption – favoritism of the political elite – was an inevitable result of a rising government share of the economy.

    Racist ideology contributed to his miscalculation of the military industrial ability of the Soviet Union, where his early luck inevitably ran out, after which a war of attrition would exploit Germany’s relative economic weakness. Economic desperation determined the magnitude of Nazi atrocities, less in scope and subsequent to those of the communists in the Soviet Union, but driven by racism.

    In 1977 the U.S. Supreme Court extended freedom of speech protection to the National Socialist Party of America, a racist fringe rather than socialist party.

    European Social Democracy

    In the wake of WW II deprivation and devastation in Europe, “social democracy” – a greater role of the state in providing household necessities – was viewed as a more benign alternative to communism. Britain, particularly Scotland, experimented primarily with socialized housing and medical care until the late 1970s when, as British Prime Minister Margret Thatcher put it, they were running out of “other peoples’ money.”It was also tried in the small relatively homogeneous Nordic countries, running out of money in Sweden in the 1990s and Finland more recently. These experiments were not democratic socialism or the fascist prone democratic capitalism, as all were financed by taxing capitalist-created income and resulted in retrenchment rather than socio-political collapse when they went to far.

    American Progressivism Rhymes with Fascism and Communism, not European Social Democracy

    But for democrat skullduggery, Socialist Bernie Sanders might well have been the 2016 Democratic candidate and also won the election. Most of his younger Democrat competitors for 2020 support the Green New Deal, the latest utopian vision. Their success hinges on rhyming this vision with small-state European social democracy, but the American progressive movement has always focused on the entire nation. When a failed ideology is adopted by a large too-big-to-fail nation-state like Germany or the Soviet Union in the past or the U.S. at present, unaccountable politicians cover-up and double down on failure until it is systemic and seismic like the 2008 financial crisis.

    Progressivism’s historical nationalism and racism and current methods of intervention in a capitalist market economy rhyme with fascism: its premise that economic progress is attributable to politics and its utopian goal of social justice without regard to national borders both rhyme with communism: the inherent dictatorial lack of political or fiscal accountability rhymes with both.

    American Nationalism

    Federal power ballooned during the wars of progressive presidents TR, Wilson, FDR and LBJ. That American patriotism is excessively nationalistic has been an issue since the Monroe Doctrine and subsequent Manifest Destiny. America’s support of free trade post WW II supported by American hegemony over trade routes worked well, as it did under British hegemony leading up to WW I. But the post WW II order is once again breaking down as a consequence of increasing nation-state rivalry over resources and trade routes. President Trump’s “Make America Great Again” is daily attacked not as patriotism but Nazi racist nationalism. The future of American Hegemony should be the central issue in the next presidential election.

    Racism and Sexism

    In a competitive free market economy those who would inappropriately discriminate by race or sex always lose out, always: racism requires political protection from competition. Socialism is inherently discriminatory; the state determines who gets what and who pays. The Democratic Party was the party of slavery, Jim Crow and voter discrimination; it remains the party of restrictive working laws and regulations (with a “disparate impact” on black youth employment) e.g., with well above market “living” minimum wages, credentialing and anti-immigrant worker prohibitions, and admission quotas. Winners beget losers: progressives once again discriminate against Asians.

    The progressive party founded the eugenics movement targeted to limit the black population from which Hitler borrowed ideology. Roe versus Wade represents a eugenic success story, as abortion for the white population at the time required no more than a bus ticket to the next state. Now about half of black pregnancies are terminated.

    The Road to Serfdom

    The promise of “free stuff” to those mostly not yet paying taxes and of cancelling their debt likely explains college students’ preference for socialism over capitalism, and the myth of socialist environmentalism the Green New Deal environmental goals.

    Income inequality and Social Justice in a Democracy

    America’s social welfare system while not as generous as the Nordic countries generally provides a standard of living sufficient by international comparison and luxurious compared to the deprivations suffered when fascism and communism incubated. Competitive market capitalism produces unequal incomes, the source of its ability to raise the living standards of all through increased productivity. Progressive policies that cross the constitutional threshold of equality of opportunity to demand equality of economic outcomes by broadening the base of the politically favored are a subset of crony capitalism that favors the political elite at the expense of society generally, a failed ideology. Socialism fails every time because incentives matter.

    The Green New Deal: a Fentanyl induced Utopian High

    Concern for the environment and the human impact on it is warranted, but what to do about it is a difficult question primarily for foreign diplomats. The Green New Deal adopted by only the U.S. would provide negligible environmental benefit. But as virtually all past environmental initiatives, it would be a bonanza for the crony capitalists and their political patrons. Whether or not the Green New Deal cost $100 trillion or only $10 trillion, it is a road to serfdom for millenials, with no exit provided by the archaic modern monetary theory.

    Democrats Cross the Rubicon

    “The founders of the Roman Republic, like the American founding fathers, placed checks and balances on the power of their leaders. The Romans, however, came up with a way to sidestep these checks and balances when strong leadership was needed, such as a time of crisis.” 

    Communism, fascism, the New Deal and social democracy were all implemented in response to an existential crisis. It is no accident that progressives exploited the “environmental crisis” to push their social justice agenda: these faux crises don’t justify national socialism, an existential threat to the body politic.

    The majority of American voters – positively correlated to age – still properly associate socialism with the totalitarian communist and Nazi regimes rather than European democratic socialism as socialist Sanders’ argues, undercut by his Moscow honeymoon. The two big progressive myths are that European social democracies never run out of money and that “other peoples’ money” i.e., the other party’s voters, will somehow finance the socialist agenda. Green New Deal proponents refused to vote for it to avoid voter accountability for the costs. National socialism and the virtual one party rule necessary to achieve it provides the best explanation for the rest of the 2020 “democratic” agenda.

    Progressive Social Democracy isn’t Nordic

    The population of California is four times that of the largest Nordic country Sweden. It, like all the progressive states is over taxed and over indebted. Obamacare impregnated promiscuous states with these twin fiscal burdens with a whispered promise of a subsequent opaque federal bailout when they matured, making states subservient to D.C. like Soviet Oblasts to Moscow.

    Suppression of Free Speech

    The free speech amendment is listed first as the foremost safeguard against infringement of individual freedom and equality under the law. The Communist Party remains illegal in U.S. due to its meretricious promises, now virtually indistinguishable from those of progressives. Conservative speech to expose the fallacies of progressive ideology and the threat to the Republic is suppressed by the democratic state apparatus. Free speech invites propaganda, including Russian translations, think tank and academic “research” but should be protected, even for communists and neo-Nazis.

    From Republicanism to Democratic Totalitarianism and One Party Rule

    The American experiment with a limited government republic has been undergoing constant change since the “peoples” candidate Andrew Jackson, founder of the Democratic Party and seventh President, while winning the popular vote in the post-universal male suffrage election of 1824 lost in the Electoral College, which he then proposed to abolish. Subsequent progressive constitutional amendments extended voting rights to former slaves and their decedents (15th), women (19th) and the direct election of Senators (17th).

    Even with control of the House, Senate and Presidency, this wasn’t enough to pass Obamacare, arguably the stealth stepping stone to single payer Medicare for all. Unprecedented political maneuvering and prosecutorial and administrative abuse by then FBI Director Robert Mueller was employed. Then a lone opinion of Chief Justice Roberts relied on another progressive amendment, the 16th enabling unlimited power to tax, to save it.

    Socialism in a large diverse nation like the U.S. requires permanent dictatorial powers of enforcement, as highlighted by the requirements of Obamacare and the controversy over the individual mandate. This explains the progressive platform on: voting rights; opposing voter registration, supporting immigration of dependents with voting rights rather than working rights, eliminating the Electoral College, reducing the voting age to 16 years old, registering prisoners, and drive-by voter registration: the Supreme Court; nominating liberal (i.e., anti-Constitutional) Supreme Court Justices, packing the Supreme Court (again), and: the apparent attempt by the Obama Administration to implement PRI style hereditary presidential selection. This rhymes with Mao’s “people’s democratic dictatorship” not the individual liberty of the American Lion.

    To quote America’s greatest economist Milton Friedman:  “A society that puts equality before freedom will get neither. A society that puts freedom before equality will get a high degree of both.”

    Kevin Villani

     
     
    —-

    Kevin Villani, chief economist at Freddie Mac from 1982 to 1985, is a principal of University Financial Associates. He has held senior government positions, has been affiliated with nine universities, and served as CFO and director of several companies. He recently published Occupy Pennsylvania Avenue on the political origins of the sub-prime lending bubble and aftermath.

    Posted in Big Government, Book Notes, Conservatism, Crony Capitalism, Culture, Economics & Finance, Elections, History, Leftism, Libertarianism, Obama, Political Philosophy, Politics, Public Finance, Taxes, Tea Party, Tradeoffs, Trump, USA | 6 Comments »

    Seth Barrett Tillman: Why Obama and Clinton Described the Sri Lankan Victims as “Easter Worshippers” and not as “Christians”: A Friendly Amendment for Dennis Prager

    Posted by Jonathan on 28th April 2019 (All posts by )

    Why do senior politicians across the Western world systematically engage in this and other similar sorts of newspeak? Here, I suggest, Obama and Clinton (and their peers) believe millions of otherwise ordinary American citizens are deplorables. They believe that if they were to discuss the reality of world events with their fellow citizens, and do so without dissembling, then any number of our fellow citizens would organize communal violence, mayhem, and murder—on a mass scale.

    Read the entire post.

    Posted in Anti-Americanism, Christianity, Civil Society, Human Behavior, Leftism, Obama, Political Philosophy, Politics, Rhetoric, Terrorism, The Press, Trump, USA | 5 Comments »

    Seth Barrett Tillman: Today’s Question On CONLAWPROF: Where Would You Put Trump?

    Posted by Jonathan on 10th April 2019 (All posts by )

    Professor ZZZ asks: “Trump is not Stalin but in the history of national (federal) political figures in this country, I’m wondering … where [would] you put Trump? … Having a POTUS so publicly awful along those lines lowers the horrible bar so dramatically that we will pay for years to come. Not being Stalin but being Roy Cohn is a hell of a legacy.”
     
    Tillman responded:
     
    [. . .]
     
    Trump is ahead of Woodrow Wilson: World War I, and! his resegregation of the federal civil service. I grant you that being ahead of Wilson is not saying much…but then, the nation survived Wilson, and no one today thinks of Wilson as having lowered the bar vis-a-vis future presidents. Professor ZZZ seems to be worried about this. He wrote: “Having a POTUS so publicly awful along those lines lowers the horrible bar so dramatically that we will pay for years to come.” Really?—Will we pay for it in years to come, or is this just a shabby slippery slope-type argument?
     
    I cannot say I see much sense in Professor ZZZ’s references to Roy Cohn. Roy Cohn’s permanent claim to fame is his association with McCarthy and aggressive anticommunism. Trump, by contrast, has been criticized for being too close to Putin. It is not exactly the same; actually, the two are not alike at all.
     
    If words and pretty speeches are the measure of a president, then Trump comes up short. The question is whether that is the correct standard for measuring presidents in a dangerous world.

    Read the whole thing.

    Seth’s last line is a good summary of the general flaw with many anti-Trump arguments. However, Seth doesn’t go far enough with specific examples:

    -Trump didn’t withdraw US forces precipitately from an overseas conflict, leaving the worst of our enemies to fill the resulting power vacuum as Obama did in Iraq.

    -Trump didn’t reverse longstanding US policy, deprecating alliances with pro-American countries, in a foolish and futile effort to buy the love of the Iranian mullahs as Obama did.

    -Trump didn’t let himself get played by the North Korean dictatorship as Clinton, both Bushes and Obama did.

    -Trump didn’t use the IRS to harass his political opponents – as Nixon threatened to do, as the Clintons did to right-wing activist organizations, and as Obama did to organizations and individuals who were active in the Tea Party movement.

    -Trump didn’t use the FBI and CIA to spy on his Democratic rivals’ election campaigns as Obama seems to have done to Trump’s 2016 presidential campaign.

    I can think of numerous other examples of unwise or malicious actions taken by previous presidents that Trump hasn’t done. Feel free to add additional examples in the comments.

    Posted in Big Government, International Affairs, Law, Law Enforcement, Leftism, National Security, Obama, Political Philosophy, Politics, Rhetoric, Trump | 9 Comments »

    Rep. Ocasio Luxury Yacht

    Posted by Jonathan on 27th March 2019 (All posts by )

    Sarah Hoyt:

    But we should not treat their instrument, sent forth to try to break our system, as some kind of serious intellectual, or even, as I’ve heard Representative Full Stop called, “energetic and full of potential” or some other idiocy.
     
    We did that with Obama, a man who couldn’t string two words together without a teleprompter, and what did it get us? Nothing. It got the establishment confirmed in their idea that he was “very smart” and “a deep thinker.”
     
    Most of the “intellectual establishment” and the artificers of public discourse are not themselves smart at any level. What they are in fact is good at reading social capital.
     
    [. . .]
     
    Do you like losing the culture? Are you committed to handing future generations to the left by default? Are you absolutely sure the best possible thing would be for the narrative of the left to become universal?
     
    No? Then start making fun of them. Every chance you get, you push their nose in. You make them so ridiculous that even the left is ashamed to count these total idiots in their number.
     
    And frankly, there are few more idiotic than Representative Full Stop.

    Well stated and worth reading in full.

    Posted in Humor, Leftism, Political Philosophy, Politics, Rhetoric | 14 Comments »

    Seth Barrett Tillman: Brexit: Crisis or Success?

    Posted by Jonathan on 26th March 2019 (All posts by )

    What you are witnessing in the UK is not a crisis. It is a success. When most geographical units secede from a larger entity, they do so unilaterally, and sometimes violently. They do it through war or, if lucky, soft power. The UK is doing everything in accord with publci int’l law, EU law, and its domestic legal system. No armies involved. No violence. No threats of violence. Just elections. It is democracy and it is messy. It compares well to our war dead in 1776 and 1861. The world should be taking lessons–not mourning Brexit.

    Read the whole thing.

    Posted in Anglosphere, Britain, Civil Society, Elections, Europe, History, Political Philosophy, Politics | 13 Comments »

    Seth Barrett Tillman: Brexit, the Extension, and Academia

    Posted by Jonathan on 22nd March 2019 (All posts by )

    I suggest that it is not wrong for this prime minister or any prime minister to criticize her predecessors, cabinet colleagues, back benchers, or fellow members of parliament—in private or in public. Going over the heads of members of parliament by calling a snap election or engaging in political speech is precisely what is meant by normal democratic politics. Seeking to constrain normal democratic politics by characterizing it as abnormal is precisely the sort of behaviour that made Brexit possible—if not an existential necessity to secure democratic rights for ordinary voters.
     
    [. . .]
     
    Professor AAA thinks an elected Prime Minister’s trying to pass a cabinet programme by directly speaking to her nation’s people is somehow a wrong—a threat. And that is why millions of people voted for Brexit, and—I might add—why millions of people voted for: Donald J. Trump.

    Read Seth’s post.

    Reagan made his case directly to the voters by giving speeches which the networks were forced to broadcast unfiltered. Trump does the same thing by using Twitter. Trump’s critics respond as did Reagan’s, by trying to discredit the speaker and distract attention from his message. Trump’s critics are unsuccessful in doing this, as were Reagan’s.

    Posted in Media, Political Philosophy, Politics, The Press, Trump | 1 Comment »

    Seth Barrett Tillman: Free Speech in Andrew McCabe’s America: A Post on Conlawprof

    Posted by Jonathan on 19th February 2019 (All posts by )

    Important points:

    In his 60 Minutes interview, former acting FBI director McCabe said:

    There were a number of things that caused us to believe that we had adequate predication or adequate reason and facts, to open the investigation. The president had been speaking in a derogatory way about our investigative efforts for weeks, describing it as a witch hunt… publicly undermining the effort of the investigation.

    https://www.lawfareblog.com/thoughts-andrew-mccabes-60-minutes-interview (emphasis added).
     
    Is not this statement troubling, if not Orwellian? Think or speak the wrong thing—and the government investigates you? In a 2017 blog post on New Reform Club, I wrote about this issue as follows:

    Read Seth’s full post.

    Posted in Civil Liberties, Elections, Law, Leftism, Political Philosophy, Politics, Rhetoric, Trump, USA | 8 Comments »

    Anecdote

    Posted by Jonathan on 31st January 2019 (All posts by )

    Appliance delivery, carrying refrigerators up and down stairs, hard work for not much money. I ask the guy where he’s from, he says he came here two months ago from Venezuela.

    I try to cheer him up, tell him that in a year or two his life will be better. He replies that it’s already better.

    #USA

    Posted in Civil Society, Current Events, Immigration, Latin America, Leftism, Political Philosophy, USA | 25 Comments »

    Conservative Populism: Tucker Carlson vs David French

    Posted by David Foster on 7th January 2019 (All posts by )

    Links at Ricochet, where the is an extensive (and pretty contentious) discussion.

    Posted in Conservatism, Media, Political Philosophy, Trump, USA | 23 Comments »

    The Case for the Democrats

    Posted by David Foster on 20th October 2018 (All posts by )

    This meme, which I’ve seen being circulated on social media, lays out a view of the Democratic positions and worldview versus those of the Republicans.

    Posted in Leftism, Political Philosophy, Politics, Trump, USA | 6 Comments »

    Quotes of the Day

    Posted by Jonathan on 11th October 2018 (All posts by )

    Via Instapundit, exerpts from this column by Reihan Salam:

    The study should also make progressives more self-critical about the way in which speech norms serve as a marker of social distinction. I don’t doubt the sincerity of the affluent and highly educated people who call others out if they use “problematic” terms or perpetrate an act of “cultural appropriation.” But what the vast majority of Americans seem to see—at least according to the research conducted for “Hidden Tribes”—is not so much genuine concern for social justice as the preening display of cultural superiority.
     
    For the millions upon millions of Americans of all ages and all races who do not follow politics with rapt attention, and who are much more worried about paying their rent than about debating the prom dress worn by a teenager in Utah, contemporary callout culture merely looks like an excuse to mock the values or ignorance of others. . .
     
    [. . .]
     
    In a democracy, it is difficult to win fellow citizens over to your own side, or to build public support to remedy injustices that remain all too real, when you fundamentally misunderstand how they see the world.

    . . . which links to this column:

    Shortly before the 2016 presidential election, The New York Times columnist Ross Douthat observed that though the left has always had a disproportionate presence in the commanding heights of culture, “the swing toward social liberalism among younger Americans and the simultaneous surge of activist energy on the left have created a new dynamic, in which areas once considered relatively apolitical now have (or are being pushed to have) an overtly left-wing party line.” This, he argued, has engendered a sense of panic and resentment among those who don’t embrace social liberalism, and as a consequence, “the feeling of being suffocated by the left’s cultural dominance is turning voting Republican into an act of cultural rebellion.” At the time, I recall that Douthat’s argument was widely ridiculed, especially among those who found the notion that Donald Trump might win the White House risible. That has changed.
     
    [. . .]
     
    What is new, I would argue, is the second development: that the number of people who are susceptible to elite influence has grown larger. Here is where I must tread lightly, as what follows is necessarily impressionistic. I get the sense that the most aggressively “woke” young people are precisely those who find themselves in the most fiercely competitive environments. Status and prestige matter to everyone, of course, but they matter to some more than others. Most of all, they matter to those who find themselves in precarious industries where one’s reputation counts for a great deal and, just as importantly, to lonely, unattached people who long to feel valued and desired. Delayed marriage and child-rearing ensure that many more young people spend many more years in the mating market and, by extension, orienting their lives around fulfilling their own social and sexual appetites over the care and feeding of children. This is especially true among children of the culturally powerful upper-middle-class, who’ve been trained to fear downward mobility in a stratified society as much as our primitive ancestors feared being devoured by toothy predators. The result is what you might call a culture of “competitive wokeness.”
     
    To people in this world, traditionalism must look like a dead end. A commitment to it will do nothing to improve your status in ferociously competitive environments, as those who’ve already scrambled to the top of the ladder tend to hold traditionalist ideals in disdain. Besides, to embrace traditionalist ideals would be to reject the terms of the social tournament to which you’ve chosen to dedicate your life—to decide that devotion to family and community ought to trump individual achievement. If you were to find yourself in this hyper-competitive world, well, you’d be foolish not to emulate the highest-status people you could find. Thanks to social media, you can access their opinions on all and sundry in an instant. The result is a kind of swarm effect in which high-status moral entrepreneurs declare the right position to take on a given issue and then, within minutes, hordes of epigones scramble to adopt and enforce the new orthodoxy. If you’re a good enough enforcer, you might soon find yourself in a position to dictate the new party line.

    I think we need more activism, to raise awareness about the high costs of social media, divorce, and late marriage among educated women.
     

    Posted in Conservatism, Leftism, Political Philosophy, Politics, Quotations, Trump | 4 Comments »

    Summer Rerun: That Hideous Strength, by C S Lewis

    Posted by David Foster on 9th September 2018 (All posts by )

    That Hideous Strength, by C S Lewis

    This was the first thing Mark had been asked to do which he himself, before he did it, clearly knew to be criminal. But the moment of his consent almost escaped his notice; certainly, there was no struggle, no sense of turning a corner. There may have been a time in the world’s history when such moments fully revealed their gravity, with witches prophesying on a blasted heath or visible Rubicons to be crossed. But, for him, it all slipped past in a chatter of laughter, of that intimate laughter between fellow professionals, which of all earthly powers is strongest to make men do very bad things before they are yet, individually, very bad men.

    Mark Studdock is a young on-the-make sociologist, a professor at Bracton College, in an English town called Edgestow. He is is far more interested in university politics than in his research or teaching. and as a member of the “progressive element” at the college, he strongly supports Bracton selling a tract of property to a government-sponsored entity called NICE. The NICE is the National Institute for Coordinated Experimentation,which Lewis describes as “the first fruits of that constructive fusion between the state and the laboratory on which so many thoughtful people base their hopes of a better world.”  What excites Mark most about the NICE is this:

    The real thing is that this time we’re going to get science applied to social problems and backed by the whole force of the state, just as war has been backed by the whole force of the state in the past.  One hopes, of course, that it’ll find out more than the old freelance science did, but what’s certain is that it can do more.

    Trigger Warning: There is something in this book to offend almost everybody.  It contains things that will offend technologists and believers in human progress…social scientists…feminists…academic administrators…bioscience researchers…and surely many other categories of people.  It will probably also offend some Christians, for the way in which Christian theology is mixed with non-Christian magic. By the standards now becoming current in American universities, this book, and even this book review, should be read by no one at all.  But for those who do not accept those standards…

    The Basic Story. Mark has recently married Jane, a woman with strong literary interests and with vague plans for getting an advanced degree. She has recently started having disturbing, indeed terrifying, dreams, which suggest that she has a clairvoyant ability to see distant events in real time. Afraid that she is losing her mind, Jane seeks advice, and is told that her dreams are actually visions, they are very real, will not stop, and are of utmost importance:

    “Young lady,” said Miss Ironwood, “You do not at all realize the seriousness of this matter. The things you have seen concern something compared with which the happiness, and even the life, of you and me, is of no importance.”

    Miss Ironwood warns Jane that extremely evil people will seek to use her gift, and that she would do well–both for her own interests and those of the entire human race–to join the community of which Miss Ironwood is a part, located at a place called St Anne’s. Jane responds quite negatively to the invitation, afraid that membership in the St Anne’s group will limit her autonomy. She is not interested in the dreams’ meaning; she just wants them to go away.

    Mark, on the other hand, responds enthusiastically when he is invited to take a position at the NICE, temporarily located at an old manor called Belbury.  One of the first people he meets there is the Head of the Institutional Police, a woman named Miss Hardcastle (picture Janet Napolitano), nicknamed the Fairy, who explains to Mark her theory of crime and punishment:

    “Here in the Institute, we’re backing the crusade against Red Tape.”  Mark gathered that, for the Fairy, the police side of the Institute was the really important side…In general, they had already popularized in the press the idea that the Institute should be allowed to experiment pretty largely in the hope of discovering how far humane, remedial treatment could be substituted for the old notion of “retributive” or “vindictive” punishment…The Fairy pointed out that what had hampered every English police force up to date was precisely the idea of deserved punishment. For desert was always finite; you could do so much to the criminal and no more. Remedial treatment, on the other hand, need have no fixed limit; it could go on till it had effected a cure, and those who were carrying it out would decide when that was.  And if cure were humane and desirable, how much more prevention?  Soon anyone who had ever been in the hands of the police at all would come under the control of the NICE; in the end, every citizen.

    Another person Mark meets in his first days at Belbury is the acclaimed chemist William Hingest…who has also come down to investigate the possibility of a job at Belbury, has decided against it, and strongly advises Mark to do likewise:

    “I came down here because I thought it had something to do with science. Now that I find it’s something more like a political conspiracy, I shall go home. I’m too old for that kind of thing, and if I wanted to join a conspiracy, this one wouldn’t be my choice.”

    “You mean, I suppose, that the element of social planning doesn’t appeal to you? I can quite understand that it doesn’t fit in with your work as it does with sciences like Sociology, but–“

    “There are no sciences like Sociology. And if I found chemistry beginning to fit in with a secret police run by a middle-aged virago who doesn’t wear corsets and a scheme for taking away his farm and his shop and his children from every Englishman, I’d let chemistry go to the devil and take up gardening again…I happen to believe that you can’t study men, you can only get to know them, which is quite a different thing. Because you study them, you want to make the lower orders govern the country and listen to classical music, which is balderdash. You also want to take away from them everything that makes life worth living and not only from them but from everyone except a parcel of prigs and professors.”

    Nevertheless, Mark decides to remain at Belbury, and is drawn ever-deeper into its activities–which, as only those in the innermost circles of that organization realize, are not only consistent with the goals of the 20th-century totalitarianisms, but go considerably beyond them.  The NICE seeks to establish a junction between the powers of modern science and those of ancient magic, accessing the latter by awakening the medieval wizard Merlin and using him for their purposes.  At the same time, Jane–despite her reservations–becomes increasingly involved  with the company at St Anne’s and is entranced with its leader, a Mr Fisher-King. (His name comes from the Wounded King in Arthurian legend.)  The St Anne’s group is aware of the truth about NICE and its ultimate goals, and exists for the primary purpose of opposing and, hopefully, destroying that organization.

    I will not here describe the war between the forces of Belbury and those of St Anne’s (in order to avoid spoilers), but will instead comment on the characters of some of the protagonists and some philosophically-significant events in the novel, with appropriate excerpts. Hopefully this will be enough to give a sense of the worldview that Lewis is presenting in this book.

    Mark Studdock. His character is largely defined by his strong desire to be a member of the Inner Circle, whatever that inner circle may be in a particular context.  The passage at the start of this review where Mark agrees to engage in criminal activity on Belbury’s behalf is proceeded by this:

    After a few evenings Mark ventured to walk into the library on his own; a little uncertain of his reception, yet afraid that if he did not soon assert his right to the entree this modesty might damage him. He knew that the error in either direction is equally fatal.

    It was a success. Before he had closed the door behind him all had turned with welcoming faces and Filostrato had said “Ecco ” and the Fairy, “Here’s the very man.” A glow of pleasure passed over Mark’s whole body.

    That “glow of pleasure” at being accepted by the Belbury’s Inner Circle (what Mark then thinks is Belbury’s Inner Circle) is strong enough to overcome any moral qualms on Mark’s part about the actions he is being requested to perform.  Lewis has written a great deal elsewhere about the lust for the Inner Circle, which in his view never leads to satisfaction but only to a longing for membership in another, still-more-inner circle. In That Hideous Strength, there are concentric Inner Circles at Belbury, which Mark does penetrate–and each is more sinister than the last.

    Read the rest of this entry »

    Posted in Academia, Anglosphere, Arts & Letters, Bioethics, Book Notes, Britain, Christianity, Civil Society, Conservatism, Crime and Punishment, Deep Thoughts, Human Behavior, Leftism, Morality and Philosphy, Political Philosophy | 5 Comments »

    Seth Barrett Tillman: CONLAWPROF: A Post on Nativists and White Supremacists

    Posted by Jonathan on 20th July 2018 (All posts by )

    Quoted in full:

    Got it. It is all clear now.
     
    You wrote: “It is a bald racial appeal to [Trump’s] white supremacist, nativist base.”
     
    When you wrote the above, you were not saying that Trump’s base is made of “white supremacist[s]” and “nativist[s]”. Instead you were speaking to that part of Trump’s base which is “white supremacist” and “nativist”. It is really obvious from context—except that it is not. And your after-the-fact, clarification is very helpful. And we should also generously ascribe the best interpretation we can to your original and revised statements.
     
    Of course . . . don’t do any of this close textual parsing of ambiguous language for Trump, and don’t look to his after-the-fact clarifications. That would be totally crazy. Makes no sense. Totally different. Of course, we should a hold a businessperson-turned-politician to a stricter standard than a [legal] academic. See Trump, Academia, and Hyperbole, http://reformclub.blogspot.com/2016/08/trump-academia-and-hyperbole.html. Makes complete sense.
     
    By the way . . . throw me a bone here . . . you are now saying you were only speaking to part of Trump’s base. How big a part do you (and Professor X) think that segment of Trump’s base is? Does it include Trump’s Hispanic voters (maybe some 20% of the Hispanic vote) and his African-American voters (maybe some 10% of the African-American vote). And if it does not include them, exactly who is left in that base that you are calling nativist, etc? Who?
     
    Throw me a bone. What precisely do you and Professor X (now) mean?

    Seth’s post may touch a nerve for some of us who have been confronted, in some cases over most of our lives, with lefty ad-hominems dressed up as arguments:

    People who support Trump’s policies are [racists/sexists/uneducated idiots].

    People who oppose Obama’s policies are racists.

    People who favor Reagan’s tax cuts are in it for the money.

    etc.

    These kinds of statements are attempts to end-run argument on the merits by imputing bad faith to the people on the other side and hoping that that shuts them up. In some cases this is done maliciously, in others it’s from lazy ignorance by people who should know better (dog whistles! projection!).

    It’s nice when people at whom such attacks are directed respond both on the merits and by running to ground nasty insinuations that sometimes pass for serious argument in left-wing circles. I suppose leftists would say the same thing about conservatives’ arguments, but maybe that’s projection by me. In any case it’s probably best that discussions of contentious topics include people with diverse views.

    AVI has a characteristically insightful comment at Seth’s blog.

    Posted in Leftism, Political Philosophy, Politics, Rhetoric, Trump | 3 Comments »

    Seth Barrett Tillman: My Post on CONLAWPROF: my response to a discussion about removing Trump from office

    Posted by Jonathan on 17th July 2018 (All posts by )

    If your dispute with Trump and your call for his removal are based on policy (and his language about policy), rather than about discrete factual predicates amounting to legal violations, then you should eschew the language of the criminal law and push forward with debates (in this forum and elsewhere) about the prospective dangers you think Trump is creating or the harms he has already caused. But as I said, the country survived Johnson. To the extent that the argument against Trump is based on his saying stuff you think outrageous, I think the country will survive his talking big. I would also add that Trump has done little (as I see it) which substantially departs from his campaign statements—so a removal based on political disagreement about the expected consequences of policy is not going to be one with a strong democratic justification.
     
    Technical point: It may be that deporting foreigners is not a criminal punishment, but exiling/banishing/deporting Americans who are in the country legally would seem to me to amount to a violation of a 14th Amendment liberty interest. This brings up an important cultural divide in America today (and not just in America, but across the Western world). Many of Trump’s supporters see the elites as being indifferent between their fellow citizens and foreigners. I ask you not to prove them correct.

    Read the whole thing.

    Posted in Elections, History, Immigration, Law, Political Philosophy, Politics, Tradeoffs, Trump | 2 Comments »

    Draining the Swamp: Progressive Politics – the Road to Crony Capitalist Perdition

    Posted by Kevin Villani on 17th June 2018 (All posts by )

    From A Libertarian Republic to Majoritarian-Totalitarian Democracy: a Summary

    The 2016 American Presidential Election

    Trust in government fell by almost 80% from the end of the Eisenhower Administration to the end of the Obama Administration. Then Americans endured one of the most divisive and longest two year election campaigns leading up to the 2016 election. Former Democrat turned Republican Donald Trump defeated a field of 17 traditional center-right Republicans to run against traditionally center–left Democratic candidate Hillary Clinton who turned left to defeat her socialist competitor Bernie Sanders in the primary. Sanders correctly argued that the U.S. political system is rigged – more than he knew at the time – but responded by promising his generally young supporters socialism without totalitarianism. The public has endured another two years of divisiveness as the losing party tries to undermine and some would impeach the winner.

    Republican nominee and arguably crony capitalist businessman Donald Trump, the son of a crony capitalist housing developer, ran on the paradoxical promise to “drain the swamp.” The faux democratic election of crony capitalist supremo Vladimir Putin in 2011 drew the public reprobation of then U.S. Secretary of State Hillary Clinton, the subsequent Democratic Party nominee. Putin responded with a campaign of not so fake news not to elect Trump – they had the same polls as everybody else – but to expose Clinton as a crony capitalist who also engaged in election-rigging. He hit pay dirt. The faux Russian collusion scandal has since been used to undermine the legitimacy of the Trump Administration.

    On the issue of trade there was no difference between the three main candidates – all opposed the new TTP trade agreement. The U.S. trade deficit has been about $500 billion a year during this century, consumption financed mostly with additional debt. Candidate Clinton, who supported China’s entry into the WTO during the Clinton Administration agreed she would if elected renegotiate NAFTA, the trade bill passed at her husband’s initiative. On the related issue of immigration, candidate Clinton voted for the bipartisan Secure Fence Act of 2006, as did then Senators Obama and Schumer.

    The Obama Administration had doubled the federal debt outstanding to over $20 trillion – and the unfunded liability is approximately ten times that. President Obama’s Chairman of the Joint Chiefs of Staff publically warned as early as 2010 that the debt was a threat to national security. Candidate Clinton promised she wouldn’t add a penny to the national debt, but her platform had an imbedded $10 trillion increase, less than Sanders to be sure. Candidate Trump promised to eliminate the debt in eight years by increasing economic growth. Clinton’s was a political lie, Trump’s an outlandish campaign promise since going unfulfilled: his appropriations bill contained a $200 billion increase in spending, a Democratic victory for domestic spending in return for Republican defense spending.

    Candidate Trump ran against the “deep state” wars and military interventions that candidate Clinton had voted for. But as President, Trump embraced it with overwhelming Democratic support to punish Russia.

    Progressivism’s Administrative State

    The Democrats’ agenda has arguably fared much better under Trump than Republicans did under Obama. Given these similarities in proposed and actual policies, the subsequent animosity might appear puzzling. But the biggest difference among the candidates relates to the relative roles of the public and private sectors. The U.S. is now governed by an unaccountable patria administrative state: judicial and legislative subsumed in the executive branch and sometimes independent even of that – judge, jury and executioner. The new religion is “science” requiring a faux consensus and leadership by the “experts” as proposed by John Kenneth Galbraith in the New Industrial State (1967) over a half century ago.

    Washington, D.C. is a place where self interested deals are made in hotel lobbies and K street offices, but the entire federal bureaucracy sits on a former swamp. Most federal politicians are political swamp people having worked their way up in local and state politics by making political deals for budget and/or tax subsidies and/or regulatory discretion – legal extortion. Candidate Clinton is a self described progressive and candidate Sanders a socialist, the former supports state control of business, the later favors more direct state ownership.

    The Berlin Wall fell in 1989, followed by the Soviet Union two years later. In 1995 U.S. President Bill Clinton declared “The era of big government is over.” Britain’s Prime Minister Tony Blair, publishing in a Fabian pamphlet in 1998 argued: “Liberals (classical, i.e., American conservatives) asserted the primacy of individual liberty in the market economy; social democrats promoted social justice with the state as its main agent. There is no necessary conflict between the two, accepting as we now do that state power is one means to achieve our goals, but not the only one and emphatically not an end in itself.” But “the values which have guided progressive politics for more than a century – democracy, liberty, justice, mutual obligation and internationalism” have lead in practice to “state control, high taxation and producer interests (crony capitalism).” By the end of the century a few years after Blair spoke, the market had reached The Commanding Heights of the economy. But a decade later the Obama Administration had put the state back on top, seeking to control not just health care but finance and energy.

    Progressivism – like fascism and communism – started with the best of intentions, in opposition to crony capitalism. Social welfare programs were implemented to spread the wealth and provide a safety net, but during the progressive Obama Administration economic growth per capita stagnated. Candidate Trump believed that rolling back the administrative state regulations and the tax on savings and investment as suggested by Blair would restore real private economic growth, the key to managing the public deficit. His Democratic opponents both favored a vast expansion of the administrative state and increases in the tax on capital.

    Progressive Internationalism and the New World Order

    Progressives supported freer trade even if not reciprocal in the post WW II era because America could still enjoy a balance of trade surplus that could be used to fund investments abroad and a “new world order” of American dominance in a bi-polar world with the Soviet Union and its satellites. The European Union evolved as a mechanism to end European – especially German – “nationalism” in favor of this plan. Two events undercut this agenda of international control through capital flows: the 1960s wars on poverty and Vietnam turned American surpluses into deficits, and the common European currency created a German economic hegemony over Europe. The U.S. today is to China what Greece, Italy, Spain, Portugal and Ireland are to Germany, and that’s not a compliment. Both China and Germany – whose exports equal China’s with only 6% of the population – are mercantilist countries pursuing low wages and consumption domestically so that future generations can live off the debt that finances their over-consuming customers.

    Germany understands perhaps better than any country the problem of using foreign debt to finance current consumption as it did to feed a starving population during the interwar years. The excessive debt undermined the fledgling Weimar Republic, giving rise to Hitler. Trumps trade policy appears incoherent, as is much of the criticism. Progressives still argue for globalism and internationalism while conservatives and libertarians are hung up on Ricardian theory of comparative advantage in international trade and the accounting identity of the trade and capital balance.

    The problem isn’t global trade per se, but progressive policies that repress national saving and domestic labor and capital productivity while growing the administrative state. National boundaries still matter. In the EU the single currency zone has destabilized previously relatively stable prosperous countries, threatening political and economic collapse. The relationship between the U.S. and China reflects a similar dynamic: the willingness to accept American debt has kept the dollar from falling and trade adjusting. China holds over trillion dollars of debt backed by taxpayers, and was the biggest foreign funder of Fannie Mae and Freddie Mac during the sub-prime lending bubble. Progressives argued that we would grow out of this debt, but simultaneously and inconsistently deny that the failure to grow during the Obama Administration reflected economic repression but “secular stagnation” – that capitalist innovation has run its course. If so, we are doomed when countries attempt to collect.

    Thus far the main part of the Trump agenda, the tax reform and regulatory roll back – against universal Democratic opposition and condemnation – appears to be working. Economic growth per capita has picked up, unemployment is the lowest since the turn of the century, and business investment net of depreciation is rising from historic lows. But it is way too early to declare success. China entered the WTO without meeting the minimum requirements for intellectual property protection or reciprocity, a Clinton Administration oversight. Fixing the former should be uncontroversial. Reciprocity insures that the most competitive – not the most subsidized – win. Subsidies may benefit American consumers temporarily, but the dislocations are costly and overconsumption dangerous, the debt leading to contemporary “gunboat diplomacy” to settle debts. A reciprocal tariff is a consumption tax, not irrational to consider under those circumstances.

    Progressive efforts to Impeach President Trump: the Totalitarian Administrative State Strikes Back

    Yet since the election, some progressive Democrats have been pushing for impeachment on grounds of Russian collusion and obstruction of justice, although no evidence has yet been produced of that after two years of investigation.

    One thoughtful progressive commentator dismisses these grounds, arguing that the real grounds for impeachment are the “threats Trumpism poses to democracy and rule of law.” If true, those would indeed be grounds for impeachment but he doesn’t define Trumpism or provide evidence. The many articles in the progressive media can be summarized thus: Trump is tweeting against the administrative state agents that are out to get him.

    Libertarians and Republican conservatives have argued that progressives have been undermining liberty and the rule of law for over a century to create the administrative state, obfuscating their agenda by manipulating words to mean the opposite of their historical meaning. Trump’s Court appointments are intended to reverse that trend. Statism is usually associated with one-party faux democracy to prevent state power from turning against the entrenched interests with a change of government. Trump ran against the progressive new world order, arguing to “put America first.” The Democrats didn’t think Trump had any chance to win. This seems the more compelling reason for their impeachment efforts. The anti-Trump organized hysteria bears a marked resemblance to the largely Soros funded Republican and Democratic efforts to ignite the democratic color revolutions in the former Soviet states described by F.William Engdahl in Full Spectrum Dominance: Totalitarian Democracy in the New World Order (2009).

    This isn’t about Trump tweets. It’s a battle for the commanding heights.
    Read the rest of this entry »

    Posted in Big Government, Capitalism, Civil Liberties, Civil Society, Conservatism, Crony Capitalism, Economics & Finance, History, Leftism, Libertarianism, Political Philosophy, Politics, Public Finance, Taxes, Tradeoffs, USA | 11 Comments »

    Should Law Yield to a Judge’s Personal Beliefs?

    Posted by David Foster on 14th April 2018 (All posts by )

    Linda Greenhouse, writing about the late federal judge Stephen Reinhardt, also mentions Supreme Court justice William Brennan, and says “Doctrinal purity mattered less to him than extracting even the most gossamer claim to a favorable result.” She evidently sees this as a good thing.

    I’m reminded of something written by Sebastian Haffner, who at the time of the Nazi takeover of Germany was a young lawyer working at the Prussian Supreme Court, the Kammergericht:

    It was strange to sit in the Kammergericht again, the same courtroom, the same seats, acting as if nothing had happened. The same ushers stood at the doors and ensured, as ever, that the dignity of the court was not disturbed. Even the judges were for the most part the same people. Of course, the Jewish judge was no longer there. He had not even been dismissed. He was an old gentleman and had served under the Kaiser, so he had been moved to an administrative position at some Amtsgericht (lower court). His position on the senate was taken by an open-faced, blond young Amtsgerichtsrat, with glowing cheeks, who did not seem to belong among the grave Kammergerichtsrats…It was whispered that in private the newcomer was something high up in the SS.

    The new judge didn’t seem to know much about law, but asserted his points in a “fresh, confident voice.”

    We Refendars, who had just passed our exams, exchanged looks while he expounded. At last the president of the senate remarked with perfect politeness, ‘Colleague, could it be that you have overlooked paragraph 816 of the Civil Code?’ At which the new high court judge looked embarrassed…leafed through his copy of the code and then admitted lightly, ‘Oh, yes. Well, then it’s just the other way around.’ Those were the triumphs of the older law.

    There were, however, other cases–cases in which the newcomer did not back down…stating that here the paragraph of the law must yield precedence; he would instruct his co-judges that the meaning was more important than the letter of the law…Then, with the gesture of a romantic stage hero, he would insist on some untenable decision. It was piteous to observe the faces of the older Kammergerichtsrats as this went on. They looked at their notes with an expression of indescribable dejection, while their fingers nervously twisted a paper-clip or a piece of blotting paper. They were used to failing candidates for the Assessor examination for spouting the kind of nonsense that was now being presented as the pinnacle of wisdom; but now this nonsense was backed by the full power of the state, by the threat of dismissal for lack of national reliability, loss of livelihood, the concentration camp…They begged for a little understanding for the Civil Code and tried to save what they could.

    “The meaning was more important than the letter of the law”…Linda Greenhouse’s approving gloss on Brennan’s judicial strategy is in my view uncomfortably close to the methodology of this newly-assigned Kammergerichtrat. I am not saying, of course, that Greenhouse is a Nazi; I am, however, saying that the judicial interpretation approach that she prefers is highly dangerous.

    (I discussed Haffner’s experiences at the Kammergericht, and their relevance to American today, in 2013 at Chicago Boyz, where an interesting comment thread developed)

    Also highly dangerous: the attitudes and behavior of those CUNY law students…law students, mind you…who recently tried to shout down a talk being given by law professor Josh Blackman. See also Blackman’s own article about his experience at CUNY.

    The mainstream of the Democratic Party and its supporting media has gone very far in the directions of legislation by the judiciary, and is moving rapidly toward the approval of politics by mob action. The prospect of Democratic control of Congress and/or the Presidency…even of Democratic dominance following a crippling of the Trump presidency…should be absolutely terrifying to all who value American institutions.

    Haffner’s memoir is an important and well-written document; I reviewed it here.

    (The above was also posted at Ricochet, in slightly different form; so far, it is only on the Member feed)

    Posted in History, Law, Media, Political Philosophy | 15 Comments »

    Po nan Jwèt la: Asymétri Kache nan Lavi Chak Jou

    Posted by Jay Manifold on 16th March 2018 (All posts by )

    Taleb, Nassim N., Skin in the Game: Hidden Asymmetries in Daily Life. New York City: Random House, 2018.

    NB: precisely because I regard Taleb as a national treasure and have considerable respect for his work, I am not going to pull punches here. I get to do this because I have … skin in the game, and not only in Haiti[1] (where I wrote this post over the past ten days, thus the Kreyòl Ayisyen title), but in a couple-three moderately hair-raising situations back in KC, which I will relate when appropriate. Which might be never; see Matthew 6:1-4 (cited by Taleb on page 186).

    Getting this out of the way—buy this book, read it, and recommend it to others. I say this very much irrespective of what might be called the Manifold-Taleb delta, which is not altogether trivial, as I will explain in some detail—again, as a sign of respect—below. Immediately below, in fact.

    Read the rest of this entry »

    Posted in Bioethics, Book Notes, Capitalism, Ebola, Education, Entrepreneurship, Environment, History, Human Behavior, Islam, Japan, Libertarianism, Miscellaneous, National Security, Political Philosophy, Russia, Space, Systems Analysis, Terrorism | 17 Comments »

    Quote of the Day

    Posted by Jonathan on 6th February 2018 (All posts by )

    Theodore Dalrymple:

    But censorship by language reform is not a matter of logic, it is a matter of power. As Humpty Dumpty said, it is a question of who is to be master (if one may still be allowed the word), that’s all.

    Like many things.

    Posted in Deep Thoughts, Leftism, Political Philosophy, Politics, Quotations, Rhetoric | 1 Comment »

    “This Civil War – My South Carolina Tea Party Convention Speech”

    Posted by Jonathan on 28th January 2018 (All posts by )

    Daniel Greenfield:

    The attacks on Trump show that elections don’t matter to the left.
     
    Republicans can win an election, but they have a major flaw. They’re not leftists.
     
    That’s what the leftist dictatorship looks like.
     
    The left lost Congress. They lost the White House. So what did they do? They began trying to run the country through Federal judges and bureaucrats.
     
    Every time that a Federal judge issues an order saying that the President of the United States can’t scratch his own back without his say so, that’s the civil war.
     
    Our system of government is based on the constitution, but that’s not the system that runs this country.
     
    The left’s system is that any part of government that it runs gets total and unlimited power over the country.
     
    If it’s in the White House, then the president can do anything. And I mean anything. He can have his own amnesty for illegal aliens. He can fine you for not having health insurance. His power is unlimited.
     
    He’s a dictator.
     
    But when Republicans get into the White House, suddenly the President can’t do anything. He isn’t even allowed to undo the illegal alien amnesty that his predecessor illegally invented.
     
    A Democrat in the White House has “discretion” to completely decide every aspect of immigration policy. A Republican doesn’t even have the “discretion” to reverse him.
     
    That’s how the game is played. That’s how our country is run.
     
    [. . .]
     
    The Trump years are going to decide if America survives. When his time in office is done, we’re either going to be California or a free nation once again.

    Read the whole thing.

    Posted in Big Government, Political Philosophy, Politics, Tea Party, Trump | 15 Comments »

    I Am a Barbarian

    Posted by Jay Manifold on 23rd December 2017 (All posts by )

    Scott, James C. Against the Grain: A Deep History of the Earliest States. New Haven: Yale University Press, 2017.

    Scott has hit another metaphorical grand slam with this one, a worthily disconcerting follow-on to his earlier work. I have previously read (in order of publication, rather than the order in which I encountered them) The Moral Economy of the Peasant, Seeing Like a State, and Two Cheers for Anarchism, and found them congenial. Scott is particularly good at encouraging a non-elite viewpoint deeply skeptical of State power, and in Against the Grain he applies this to the earliest civilizations. Turns out they loom large in our imagination due to the a posteriori distribution of monumental ruins and written records—structures that were often built by slaves and records created almost entirely to facilitate heavy taxation and conscription. Outside of “civilization” were the “barbarians,” who turn out to have simply been those who evaded control by the North Koreas and Venezuelas of their time, rather than the untutored and truculent caricatures of the “civilized” histories.

    By these criteria, the United States of America is predominately a barbarian nation. In the order given above:

    Read the rest of this entry »

    Posted in Americas, Anglosphere, Big Government, Book Notes, Civil Society, Crony Capitalism, Culture, Current Events, Education, Entrepreneurship, History, Immigration, International Affairs, Latin America, Law Enforcement, Libertarianism, Markets and Trading, Military Affairs, National Security, North America, Political Philosophy, Politics, Society, Systems Analysis, Tradeoffs, Transportation, USA | 7 Comments »

    Dangerous Math Teachers

    Posted by TM Lutas on 17th September 2017 (All posts by )

    The proposition that logic is a universal, is unitary, used to be something of a consensus position. The idea of universal logic was (and remains) very useful. It meant that one could, without any other shared beliefs, have some sort of conversation with anybody and, if constructed correctly, the conversation would progress and lead somewhere.

    Communism does not believe in the universality of logic. This is why communism keeps coming back. Logical refutations have no effect because they are constructed with bourgeois logic, something that a priori is rejected by communists as an improper lens for examining communism.

    If you don’t care about truth per se and want an indestructible ideology, this weeble like characteristic of not accepting logical refutation is very attractive. This is why ideologies that have no particular opinion on economic class or the proper way to distribute goods and services fall into the communist orbit. Their defects need to be papered over and the communists provide the only available cure for pesky objective, logical examination and refutation.

    In a communist country, teaching logic is both a dangerous act and a necessary act. Without any logic at all society collapses. With a well taught, well formed mind schooled in logic, communism is rejected, which means a trip to reeducation or worse.

    Yet throughout the communist period, math teachers went and taught their lessons including the concepts of logic and how to apply it to students. Philosophically, they were behind enemy lines and entirely within the power of their enemies while they openly taught a major building intellectual concept that doomed the State.

    This is bravery, and almost entirely unrecognized.

    Posted in Deep Thoughts, Education, Leftism, Political Philosophy, Systems Analysis | 26 Comments »

    Summer Rerun – Book Review: That Hideous Strength

    Posted by David Foster on 15th September 2017 (All posts by )

    (people tend to think of summer as being over after Labor Day, but actually, it extends until the September Equinox, which this year is on September 22)

    That Hideous Strength by C. S. Lewis

    This was the first thing Mark had been asked to do which he himself, before he did it, clearly knew to be criminal. But the moment of his consent almost escaped his notice; certainly, there was no struggle, no sense of turning a corner. There may have been a time in the world’s history when such moments fully revealed their gravity, with witches prophesying on a blasted heath or visible Rubicons to be crossed. But, for him, it all slipped past in a chatter of laughter, of that intimate laughter between fellow professionals, which of all earthly powers is strongest to make men do very bad things before they are yet, individually, very bad men.

    Mark Studdock is a young on-the-make sociologist, a professor at Bracton College, in an English town called Edgestow. He is is far more interested in university politics than in his research or teaching. and as a member of the “progressive element” at the college, he strongly supports Bracton selling a tract of property to a government-sponsored entity called NICE. The NICE is the National Institute for Coordinated Experimentation,which Lewis describes as “the first fruits of that constructive fusion between the state and the laboratory on which so many thoughtful people base their hopes of a better world.”  What excites Mark most about the NICE is this:

    The real thing is that this time we’re going to get science applied to social problems and backed by the whole force of the state, just as war has been backed by the whole force of the state in the past.  One hopes, of course, that it’ll find out more than the old freelance science did, but what’s certain is that it can do more.

    Trigger Warning: There is something in this book to offend almost everybody.  It contains things that will offend technologists and believers in human progress…social scientists…feminists…academic administrators…bioscience researchers…and surely many other categories of people.  It will probably also offend some Christians, for the way in which Christian theology is mixed with non-Christian magic. By the standards now becoming current in American universities, this book, and even this book review, should be read by no one at all.  But for those who do not accept those standards…

    The Basic Story. Mark has recently married Jane, a woman with strong literary interests and with vague plans for getting an advanced degree. She has recently started having disturbing, indeed terrifying, dreams, which suggest that she has a clairvoyant ability to see distant events in real time. Afraid that she is losing her mind, Jane seeks advice, and is told that her dreams are actually visions, they are very real, will not stop, and are of utmost importance:

    “Young lady,” said Miss Ironwood, “You do not at all realize the seriousness of this matter. The things you have seen concern something compared with which the happiness, and even the life, of you and me, is of no importance.”

    Miss Ironwood warns Jane that extremely evil people will seek to use her gift, and that she would do well–both for her own interests and those of the entire human race–to join the community of which Miss Ironwood is a part, located at a place called St Anne’s. Jane responds quite negatively to the invitation, afraid that membership in the St Anne’s group will limit her autonomy. She is not interested in the dreams’ meaning; she just wants them to go away.

    Mark, on the other hand, responds enthusiastically when he is invited to take a position at the NICE, temporarily located at an old manor called Belbury.  One of the first people he meets there is the Head of the Institutional Police, a woman named Miss Hardcastle (picture Janet Napolitano), nicknamed the Fairy, who explains to Mark her theory of crime and punishment:

    “Here in the Institute, we’re backing the crusade against Red Tape.”  Mark gathered that, for the Fairy, the police side of the Institute was the really important side…In general, they had already popularized in the press the idea that the Institute should be allowed to experiment pretty largely in the hope of discovering how far humane, remedial treatment could be substituted for the old notion of “retributive” or “vindictive” punishment…The Fairy pointed out that what had hampered every English police force up to date was precisely the idea of deserved punishment. For desert was always finite; you could do so much to the criminal and no more. Remedial treatment, on the other hand, need have no fixed limit; it could go on till it had effected a cure, and those who were carrying it out would decide when that was.  And if cure were humane and desirable, how much more prevention?  Soon anyone who had ever been in the hands of the police at all would come under the control of the NICE; in the end, every citizen.

    Another person Mark meets in his first days at Belbury is the acclaimed chemist William Hingest…who has also come down to investigate the possibility of a job at Belbury, has decided against it, and strongly advises Mark to do likewise:

    “I came down here because I thought it had something to do with science. Now that I find it’s something more like a political conspiracy, I shall go home. I’m too old for that kind of thing, and if I wanted to join a conspiracy, this one wouldn’t be my choice.”

    “You mean, I suppose, that the element of social planning doesn’t appeal to you? I can quite understand that it doesn’t fit in with your work as it does with sciences like Sociology, but–“

    “There are no sciences like Sociology. And if I found chemistry beginning to fit in with a secret police run by a middle-aged virago who doesn’t wear corsets and a scheme for taking away his farm and his shop and his children from every Englishman, I’d let chemistry go to the devil and take up gardening again…I happen to believe that you can’t study men, you can only get to know them, which is quite a different thing. Because you study them, you want to make the lower orders govern the country and listen to classical music, which is balderdash. You also want to take away from them everything that makes life worth living and not only from them but from everyone except a parcel of prigs and professors.”

    Nevertheless, Mark decides to remain at Belbury, and is drawn ever-deeper into its activities–which, as only those in the innermost circles of that organization realize, are not only consistent with the goals of the 20th-century totalitarianisms, but go considerably beyond them.  The NICE seeks to establish a junction between the powers of modern science and those of ancient magic, accessing the latter by awakening the medieval wizard Merlin and using him for their purposes.  At the same time, Jane–despite her reservations–becomes increasingly involved  with the company at St Anne’s and is entranced with its leader, a Mr Fisher-King. (His name comes from the Wounded King in Arthurian legend.)  The St Anne’s group is aware of the truth about NICE and its ultimate goals, and exists for the primary purpose of opposing and, hopefully, destroying that organization.

    I will not here describe the war between the forces of Belbury and those of St Anne’s (in order to avoid spoilers), but will instead comment on the characters of some of the protagonists and some philosophically-significant events in the novel, with appropriate excerpts. Hopefully this will be enough to give a sense of the worldview that Lewis is presenting in this book.

    Mark Studdock. His character is largely defined by his strong desire to be a member of the Inner Circle, whatever that inner circle may be in a particular context.  The passage at the start of this review where Mark agrees to engage in criminal activity on Belbury’s behalf is proceeded by this:

    After a few evenings Mark ventured to walk into the library on his own; a little uncertain of his reception, yet afraid that if he did not soon assert his right to the entree this modesty might damage him. He knew that the error in either direction is equally fatal.

    It was a success. Before he had closed the door behind him all had turned with welcoming faces and Filostrato had said “Ecco ” and the Fairy, “Here’s the very man.” A glow of pleasure passed over Mark’s whole body.

    That “glow of pleasure” at being accepted by the Belbury’s Inner Circle (what Mark then thinks is Belbury’s Inner Circle) is strong enough to overcome any moral qualms on Mark’s part about the actions he is being requested to perform.  Lewis has written a great deal elsewhere about the lust for the Inner Circle, which in his view never leads to satisfaction but only to a longing for membership in another, still-more-inner circle. In That Hideous Strength, there are concentric Inner Circles at Belbury, which Mark does penetrate–and each is more sinister than the last.

    Read the rest of this entry »

    Posted in Academia, Arts & Letters, Bioethics, Book Notes, Britain, Christianity, Civil Liberties, Conservatism, Crime and Punishment, Deep Thoughts, Human Behavior, Leftism, Morality and Philosphy, Philosophy, Political Philosophy | 13 Comments »

    Article VI, Clause 2

    Posted by Subotai Bahadur on 18th August 2017 (All posts by )

    Now I am pretty sure that a goodly percentage of the Gentle Readers are looking at the title and going, “What???” A significant number will recognize it as a reference to the Constitution, but to be honest only a limited number of people know that Article I defines the Legislative Branch, Article II the Executive, and Article III the Judicial. Most people are not quite sure about the other Articles.

    Let’s cut to the chase. It is the Supremacy Clause:

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    The reason that states have to obey Federal laws and the Constitution as a whole is specifically because of this clause of the Constitution. That obedience is not optional, conditional, or debatable. If you are part of the United States, you are subject to Federal law and your “feelz” otherwise have no bearing. If you disagree with Federal law, if you want to deny rights under the Constitution, you are out of luck. You can try to change it in court. You can try to have Congress pass a change to the law or repeal it. You can try to amend the Constitution. But the Federal power in the areas where the Constitution grants lawmaking power to the Federal government over-rides anything the States can do.

    This is key to the functioning of a free, constitutional republic. If a state, or group of states, can defy the Federal government at will, there is no Federal government. There is no equal justice under the law. And there is, in fact, no rule of law.

    This was recognized from the beginning. In Federalist #44 James Madison pointed out that if it was not included, then each state would have functional veto power over the entire country. Without it, the country would not work.

    There have been 3 attempts to over-ride or ignore the Supremacy clause and each was aimed at destroying the country.
    Read the rest of this entry »

    Posted in America 3.0, Anti-Americanism, Civil Society, Current Events, History, Leftism, Political Philosophy | 26 Comments »