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Books byMark D. Friedman
Libertarian Philosophy in the Real World: The Politics of Natural Rights
Nozick’s Libertarian Project: An Elaboration and Defense
The Best of Modern Swedish Art Glass: Orrefors and Kosta 1930-1970
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Two Quick Thoughts on the Minimum Wage
Our blue states and “progressive” major cities now seem to be competing to determine which jurisdiction can establish the highest minimum wage. At this moment, Los Angeles is in the lead at $15.37/hour (for hotel workers), with Seattle and San Francisco close behind at $15.00 (all workers). Obviously, such laws violate the freedom of employers and employees to enter into consensual arrangements at any rate of compensation below the legal floor, and thus are ruled out on libertarian principles.
Sadly, the electorate is generally unmoved by appeals to abstract notions like freedom of contract, so opponents of such laws often resort to a handy reductio ad absurdum: if raising the minimum wage to $15/hr. is such a great idea, why stop there; why not $30/hr. or even $150/hr.? The point of this argument is easy to grasp, even by the economically illiterate. Clearly, a floor of $150/hr. would not produce wealthy workers, but would instead generate layoff notices for most of them. Continue Reading »
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Lies, Damn Lies, and Israel
I believe that no political controversy generates more misinformation, grossly erroneous historical claims, and outright lies than the Israeli-Palestinian conflict. Libertarians are perhaps more afflicted than most with this disease, which often lapses over into anti-Semitism. I do not mean the classical, overt hatred of Jews, but rather an eagerness to apply one set of ethical standards to the sole Jewish state and a radically different, much more lenient standard, to all other nations.
This recently hit quite close to home, when the fifth grade teacher at the private school my eldest boy attends chose to illuminate her “political systems” module with a case study of the above-mentioned dispute. She then published on the school blog the essays written by her students regarding this struggle, which had a decidedly anti-Israel slant. The centerpiece of her educational program was an (undated) report prepared by the Council for Arab-British Understanding[1], titled “Israeli-Palestinian Conflict” (the “Report”). Continue Reading »
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Ferguson Update
In an earlier post I offered my perspective on Prosecutor Robert McCulloch’s conduct in directing the St. Louis County grand jury investigation that found no basis for indicting officer Darren Wilson in the shooting death of Michael Brown. There, I argued that based on the information then available the prosecutor acted correctly in not seeking an indictment, a position now borne out by the U.S. Department of Justice’s report on the shooting, which found that: Wilson’s use of force was not “objectively unreasonable” under the applicable federal statute, and thus no federal grand jury indictment was warranted. However, a second DOJ report blasted the small city of Ferguson, Missouri (the location of the incident) for various forms of racism, not related to Brown’s death.
Before proceeding further, we would be wise to consult the analysis of the DOJ reports offered by Professor Richard Epstein, one of the preeminent scholars now working in the classical liberal tradition. With respect to the report concerning Wilson, he notes that based on the facts and circumstances he cites, “It is not just the case that there is insufficient evidence to support a criminal prosecution. It is that, beyond a reasonable doubt, the evidence supports that Wilson’s conduct was fully justified.” In other words, it is clear that he acted righty in defense of his own life and in defense of the public at large (what would have happened if Brown had walked away with the officer’s gun?). Continue Reading »
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An Unregulated Parable About Regulation
Imagine that a collection of highly committed members of a Social Democrat style political party charter a cruise ship to sail around the Pacific in order to charge themselves up for the next election. The group consists of one thousand adults. Sadly, the ship suffers a catastrophic malfunction, and the group is shipwrecked on a remote and uninhabited island (well-known, however, to philosophers). Fortunately, the island has rich soil, ample potable water, and a moderate climate, and they are able to salvage the stores and equipment from the ship. Accordingly, there is every prospect that the group can survive until they are rescued. Continue Reading »
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Sorry, But I Don’t Give a Sh*t That You’re Offended
The Charlie Hebdo murders exposed a lot of ambivalence on the part of our leaders and public intellectuals regarding free expression. For example, the Pope all but apologized for this horrific crime, offering us the homey analogy that were even a dear friend to utter “a swear word against my mother, he’s going to get a punch in the nose. That’s normal.”[1] I guess it’s time to forget all about that silly “turn the other cheek” business.
Another prominent commentator condemned the murders unconditionally, but suggested that we, as a society, should ask ourselves, “Whether pens are swords or tools, are we using them well?”[ 2]. But, why should we ask that? When an aspiring Tolstoy turns out painfully bad fiction, should we question whether he is using prose in a responsible fashion? What’s suspect about bad painting, prose and poetry? Answer: nothing. Continue Reading »
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Is Torturing Terrorists Always Wrong?
I find it revealing that the political controversy over the recently released Senate Select Committee on Intelligence’s (majority) Report on the C.I.A.’s abuse of terrorism suspects focuses so heavily on the question of whether the alleged torture “worked,” that is to say, whether it produced valuable, life-saving information that could not be obtained by other means.[1] The nature of this debate suggests that the participants implicitly understand that the voting public would support torture if the benefits are significant enough. In contrast, most philosophers, including (especially?) libertarian types, appear to have a different view. Continue Reading »
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What Everyone (Else) Has Wrong About Ferguson
So much has been written about the failure of the St. Louis County Missouri grand jury to indict police officer Darren Wilson in the shooting death of Michael Brown that I hesitate to add my voice to the cacophony. Nevertheless, since I have yet to read a piece that I think gets to the heart of the matter, I feel justified in adding my proverbial “two cents.”
Most of the commentary, including from many libertarians, is critical of prosecutor Bob McCulloch for not securing an indictment, and thereby freeing Officer Wilson of all (state) criminal charges. These opinions generally argue that a trial jury should have been permitted to determine Wilson’s guilt or innocence. Prosecutor McCulloch, on this view, is at fault for short-circuiting this process, thus potentially allowing a guilty man to escape justice. Continue Reading »
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Democracy and the Rule of Law: Some Additional Thoughts
I have devoted a number of posts on this site to explicating the proper understanding of the rule of law, and its fraught relationship to representative democracy. In a previous post, I describe the threat posed to individual rights by the majority’s desire to finance their own consumption at the expense of other citizens, or even more expediently, by stealing from future generations. But recent events have reminded me that there may be an even more sinister force at work, namely the electorate’s gross ignorance of modern political history and the rudiments of economics. A case in point is Venezuela’s unfortunate history over the last 15 years. Continue Reading »
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Nozick and Hayek on Property Rights
Chapter 2 of my new book, Libertarian Philosophy in the Real World: The Politics of Natural Rights (forthcoming by the end of the year), provides a concise moral justification of property rights, and then discusses the threat posed to them by eminent domain, regulatory takings, and zoning. Subsequent chapters explore equally consequential, but less blatant, assaults on these rights. In arguing that economic liberty is entitled to the same deference accorded other freedoms, I draw on the insights of Robert Nozick and F. A. Hayek, and I wish to very briefly focus attention here on a certain convergence in their thinking. Continue Reading »
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Danny Frederick’s Review of NLP in Reason Papers
Reply to Danny Frederick’s Review Essay of Nozick’s Libertarian Project (“NLP”), in Reason Papers Vol. 36, no. 1 (henceforth “RP”)
I wish to start by thanking Danny Frederick for investing his time in reading and carefully critiquing my book. If all critics were as meticulous and fair as Danny has been to me, there would be far more constructive engagement between philosophers, and much less of theorists fruitlessly talking past each other. I concentrate below on which I regard as the key points raised in his Review Essay. Continue Reading »
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