The Curious Case of Net Neutrality

Everyone please welcome Insula Qui, our first additional writer at Zeroth Position.

Last week, many libertarians came out in support of a major government program. This would seem odd to many onlookers, as libertarians are supposed to believe in free markets and their efficient allocation of resources, but this issue has divided libertarians like few others. This program is net neutrality, and even anarcho-capitalists have managed to justify supporting it on some occasions, although that is much rarer.

To explain the problems within the concept of and support of net neutrality, a working definition is required. In essence, the point of the regulation that assures the net will stay neutral is to ensure an egalitarian allocation of bandwidth among people and websites. This means that no Internet service provider (ISP) should be able to charge extra for access to certain websites or discriminate when it comes to the Internet in any other way. This seems good and necessary at first glance, but even a cursory examination defeats this. Net neutrality was adopted in 2015, which means that for most of the existence of the Internet, there was no need for any legislation. Yet this legislation was created, not because any ISPs were being unfair, and not because ISPs were considering being unfair. The only reason why net neutrality was created and subsequently passed was to ensure that the Internet would stay the same as it always had been. It turns out that we apparently require massive legislative efforts to ensure that absolutely nothing would change.

The Past Is Prologue

To understand why this debacle started, we must examine the origin of the troubles. The legal procedures were initiated by the situation that was going on between Netflix and different ISPs. The entire spectacle may be summarized as follows: Netflix was using so much data that it was getting slower. That was the entire problem that Netflix had with the ISPs, and that was the start of the entire legislative progress to instate net neutrality. (What was going on was slightly more complicated, but that was the gist of their complaint.) Various streaming services were growing larger on the Internet, so the ISPs were faced with a lot of bandwidth consumption on a continuous basis. With streaming, it is impossible to load the entirety of the data quickly because there is so much of it, meaning that the bandwidth is constantly and intensely used. Since streaming was so popular, there was bandwidth constantly in use and since bandwidth is a limited resource, the streaming sites were getting slower, which was reflected in their bottom line. Because the streaming sites were getting so popular and using gigantic amounts of data and bandwidth, they could not expand more without getting slower and thus expanding less.

This was a problem created by streaming platforms that mostly affected said platforms. ISPs would lose some profitability, but they would still keep most of their profits if they handled streaming more slowly. Most sites without streaming would be affected much less, as they did not need this continuous stream of data and the few thousandths of seconds by which they would have been slower would have gone unnoticed. Netflix and other streaming sites were unable to fix the problem on their end; they already use every compression mechanism possible to optimize their storage and streaming capability without compromising the quality so much that the experience is reduced. Thus, the streaming sites were completely at the mercy of the ISPs to fix this problem. The heroic ISPs rushed in to help the streaming sites, offering to build new infrastructure and give the streaming sites priority in the use of that infrastructure. There was one caveat; the streaming sites would have had to pay for it, which would have caused a drop in their profits, which would have eventually made them increase streaming prices to remain sustainable. Because even the smallest increase would scare off marginal users, this was not in the self-interest of the streaming sites.

Therefore, the streaming sites started advocating net neutrality, claiming that being charged to fix the problem that they caused for themselves was somehow discriminatory to the freedom of the Internet. They also claimed that the ISPs were throttling access to their sites, and that because they could not expect the ISPs to build their infrastructure for them meant that ISPs were planning to turn the Internet into something unfree. In their view, the way to increase freedom with respect to the Internet is obviously to give the government giant amounts of legislative control over it. Because of the appealing notions that the little guy should not be discriminated against by the big scary ISPs, and that the ISPs should not make certain websites into subscription services, a large Internet bandwagon took shape. Almost every large platform took the side of net neutrality, for the sake of fairness and freedom, of course. Even people who constantly tout their knowledge in basic economics were extremely happy that the state could ensure that the ISPs would not discriminate against information that they dislike or try to rent seek on their monopoly.

Statist Problems and Market Solutions

Having described the frankly ridiculous situation, we must look at the problems within this approach, of which there are several. First, there has never been any reason to suspect that any ISP would move to a subscription service model or that they would artificially restrict information they dislike. This has never been actualized and has never been a close concern; it is based on conjecture on par with the implication that warlords would take over without the state. Second, bandwidth is a finite resource; there is not infinite Internet service to go around. This can be improved greatly with increased infrastructure, but this is not cost effective to the ISP.

To fix this, two steps may be taken. Bandwidth could be restricted in one area so others can get more bandwidth, or the company that needs more bandwidth should pay for additional infrastructure, both of which violate net neutrality. This is, in essence, a problem of trying to redistribute bandwidth from the smallest users to the largest users. When bandwidth needs to be equitably arranged, the people who use the least bandwidth would need to use even less to subsidize the people who use more bandwidth. The bandwidth for a neutral use could not come from anywhere else. This is somehow supposed to protect the little guys and make sure that the Internet is accessible for everyone.

The next problem is that this prevents selective Internet access for people who use the Internet for very specific purposes. If one needs to allocate one’s bandwidth to some very certain areas and does not care about the rest and is fine with that being slow, one could very well have the ISP provide a service of throttling certain sites and increasing the speed of others. And these are just the problems when we assume that net neutrality is really supposed to provide for a neutral net.

In reality, it has been the case that giving control over services to the government is generally a bad idea; more often than not, the state abuses all powers it has and creates as many powers as it thinks it should have. Thus we may understand how it could be that having the FCC in control of determining even more in the way of how ISPs act may not be the best idea. It may be that increased regulation would do even more harm to any new ISP that would try to attempt to provide this service. This all is compounded by the fact that the entirety of the problem of monopoly in the provision of the Internet is caused by the government in the first place.

It is not as though the Internet is a natural monopoly; no matter what many would have us believe, natural monopolies do not exist; just the optimal size of firms differs. However, when an industry is over-regulated, it will become less competitive as the barrier to entry into that industry is increased. It happens to be that the Internet is one of the most regulated industries.

There are huge issues with providing cables; thousands of people whose approval is needed, dozens of restrictions and last mile rules, etc. The government has a firm grasp on the net no matter what. This is best exemplified with the legal issues Google Fiber has been having when trying to establish themselves as a competitor to the current oligopoly. A company as powerful as Google has been unable to establish themselves in the market due to legal issues, as cost is certainly not a problem for them if they think they will outcompete the existing systems. Without this state-imposed oligopoly, there would be no problems with competition within the Internet. The optimal size of firms is probably much smaller than the firms which exist now. The market would do its job, the provision of the Internet would be decentralized in its construction, and quality would increase while prices fall.

Libertarians Against Cyber-Liberty

However, this does not seem to be a priority to many people, as most claim that we must regulate companies to solve problems that regulation created in the first place. To them, the only way to combat problems caused by the government is with an increase of government control in that area, the problems caused by this control need to be fixed by additional government control, and so on.

Unfortunately, it seems as though many libertarians, instead of sticking to their free market principles and trying to solve the problem that government regulation caused in the market of providing the Internet, are apathetic about this original regulation. It is almost as if these libertarians think that if the government was more involved in the market, then the market would be more free. This is not Internet-libertarianism, but Internet-communism. What else can one call the desire to redistribute bandwidth equally among all by the force of the state?

Book Review: Closing The Courthouse Door

Closing The Courthouse Door is a book about role of the judiciary in the American system by law professor Erwin Chemerinsky. The book examines how Supreme Court decisions over the past few decades have greatly limited the ability of the courts to protect civil liberties, hold government accountable, and enforce the Constitution. The book is divided into seven chapters, each of which focuses on a different aspect of the problem of reduced access of the American people to the courts.

In the first chapter, Chemerinsky argues that if rights cannot be enforced and damages cannot be awarded by the courts, then the government and its agents may do as they please, as unenforceable limits are functionally equivalent to no limits. He views Marbury v. Madison as a cornerstone of American jurisprudence rather than a usurpation of power not granted by the Constitution, and views the Constitution as an effort to limit government rather than as an expansion of government beyond what the Articles of Confederation allowed. Chemerinsky makes a case for the judicial branch being the most suitable branch for enforcing the Constitution, then addresses and rebuts several competing views of the role of the judiciary.

Sovereign immunity is the focus of the second chapter, and Chemerinsky shows how the idea that the state can do no wrong is at odds with many American values and constitutional principles, including federalism, due process, and government accountability. However, the Supreme Court has made numerous rulings expanding sovereign immunity since the time of the Eleventh Amendment‘s adoption, making it virtually impossible for a citizen to obtain a redress of grievances when victimized by the state. He tackles several arguments in favor of sovereign immunity, such as protecting government treasuries, separation of powers, and the existence of alternative remedies. Next, Chemerinsky examines how case law has granted effective immunity to local governments, even though they do not officially have it.

In the third chapter, Chemerinsky continues with the theme of immunity by discussing it at the level of government agents. He discusses the Bivens case, which allows federal agents to be sued for damages if they violate constitutional rights, and the subsequent hostility of the Court to that decision. Disallowing suits when Congress provides an alternative remedy, when Congress says they are disallowed, when military personnel are defendants, when judges find it undesirable to allow such claims, or when private prisons and their guards are defendants, has all but overruled Bivens. Furthermore, Chemerinsky argues that absolute immunity for certain government officials should be replaced by qualified immunity to give the officials room to work but hold them accountable.

The fourth chapter details how various Supreme Court decisions have narrowed the ability of citizens to bring matters before the courts. Chemerinsky explains how the doctrine of standing has been invented and used to keep actions which do not have particular identifiable victims from being adjudicated. He argues that the narrow interpretation of what constitutes an injury and the refusal to hear claims based on a generalized grievance that all Americans suffer mean that no one is able to challenge the government in court when it violates the Constitution. The second half of the chapter covers the political question doctrine, and Chemerinsky makes the case that it is essentially a punt by the judicial branch to the elected branches of government with the end result of trusting them to follow the law, which history shows to be an unrealistic option.

The gradual erosion of the writ of habeas corpus is discussed in the fifth chapter. Here, Chemerinsky shows how the Supreme Court has upheld vastly disproportionate prison sentences on technicalities, kept federal courts from enforcing the Fourth Amendment through habeas corpus, disallowed claims not made and evidence not presented in state courts from being heard in federal courts, barred arguments for novel rights that the Supreme Court has not yet recognized, and prevented prisoners from filing multiple habeas corpus petitions. He explains how the Antiterrorism and Effective Death Penalty Act has all but removed the right of habeas corpus at the federal level.

In the sixth chapter is called Opening the Federal Courthouse Doors, but the chapter actually shows even more examples of them being closed. For example, plaintiffs can now be required to show facts without being allowed to go through the discovery phase of a case that is required to learn those facts, setting up a catch-22. The abstention doctrine created in Younger v. Harris and is cited as a major barrier to the proper operation of federal courts as well as a means for state officials to abuse citizens. Chemerinsky then discusses the difficulties in using class action lawsuits that have been imposed in recent years as well as the rise in private arbitrations that favor corporations over individuals.

The final chapter begins with cases involving egregious human rights abuses by the CIA. These cases were dismissed on the grounds that state secrets might be revealed if the cases were tried, which is yet another way to keep courts from enforcing the Constitution. Chemerinsky concludes by addressing objections to the arguments made through the entire book.

The book is just over 200 pages, but feels as long as any 400-page book that I have read. To his credit, Chemerinsky’s left-wing political leanings do not appear any more than they must in order for him to make his arguments. Libertarians will undoubtedly think that the changes proposed in the book do not go nearly far enough, but Closing The Courthouse Door is still worth reading for those capable of handling the subject matter.

Rating: 3.5/5

A Squandered Opportunity Against Judicial Activism

On June 26, the Supreme Court announced its decision in the combined cases of Trump v. International Refugee Assistance Project and Trump v. Hawaii, which involved challenges to Executive Order 13780. This order concerns the entry of foreign nationals into the United States, and is best known for suspending entry of nationals from six designated countries for 90 days.

The defendants challenged the order in two separate lawsuits, obtaining preliminary injunctions barring enforcement of several of its provisions, including the 90-day suspension of entry. The injunctions were upheld in large measure by the Courts of Appeals in the Fourth and Ninth Circuits. The Justices decided by a 9-0 vote that the defendants in both cases lack standing and that the injunctions against the 90-day suspension are partially removed, allowing the ban to take effect against “foreign nationals who do not have a credible claim of a bona fide relationship with a person or entity in the United States.”

Supporters of President Trump’s travel ban were predictably elated by the decision, even though the cases will not be heard in full until the next Supreme Court session in October. Detractors of Trump’s immigration policies were disappointed, calling it discriminatory, hateful, and Islamophobic. But there is a greater concern than public opinion of the preliminary ruling or the eventual outcome of the case. Regardless of this result or the next, Trump has largely squandered an opportunity to act against a much greater problem: that of judicial activism.

The Past Is Prologue

The judicial branch in the United States has a long history of overstepping its constitutional role. In Marbury v. Madison (1803), the Court invented for itself the power of judicial review, which is nowhere to be found in the Constitution. Because Congress and the state legislatures did not act to reverse this usurpation of power, it remains the statement of ultimate sovereignty in American law. Since Marbury, Supreme Court decisions usually have been the final say in a dispute, unless a Constitutional amendment or future Supreme Court reverses a decision. Furthermore, the Supreme Court regularly issues writs commanding action or inaction from the legislative and executive branches. In various decisions that “find” new rights imbedded within the Constitution and/or determine the winners and losers in society, the Court acts as a political branch of government that masquerades as an impartial arbiter. This is to be expected, as the judicial branch is not truly independent, being part of the same state apparatus of the other branches and thus subject to many of the same perverse incentives. The end result is judicial activism, in which the courts are used to advance a progressive socioeconomic agenda.

Three Presidents stand out in American history for their ability to defy the will of the courts and advance their agendas despite judicial opposition: Thomas Jefferson, Andrew Jackson, and Franklin Delano Roosevelt. These administrations shared several characteristics; all had a strong executive, an agenda at odds with previous administrations, majorities in both houses of Congress to assist them, an appeal to the common man, flawed and/or weak political candidates opposing them, and were on the left side of the politics of their day. Interestingly, historians look upon these three Presidents as being among the best. The Trump administration has almost all of these characteristics, lacking perhaps the leftism and Congressional assistance that the others had.

Trump’s Options

If Trump wins the broader case in the next Supreme Court session, it will be a small victory for him and for those who seek stricter immigration standards. If he loses and accepts the result, then he is the next Ronald Reagan, who talked the talk but generally failed to walk the walk. But if he had ignored the injunctions from the US District Courts and the Fourth and Ninth Circuit Courts of Appeals, it could have been a decisive victory. Andrew Jackson apocryphally said when the Supreme Court ruled against his policies in Worcester v. Georgia (1832), “[Chief Justice] John Marshall has made his decision; now let him enforce it!” Trump would have done well to say something similar and act upon it when faced with the lower court rulings. He may still do so with the Supreme Court if it rules against him, but much of the effect will have been lost in the passive approach.

Ensuing Struggle

The response from the establishment to such an act of defiance by a maverick President would be swift and terrible. Democrats in Congress would unite in a call for impeachment, arguing that the President is acting like a totalitarian despot and is in contempt of court, a “high crime or misdemeanor” in Constitutional terms. The establishment press would devote all of their airtime to attacking him and accusing him of causing a constitutional crisis, to the exclusion of covering other important news stories. Academia and leftist organizations would likewise sound the alarm, using Trump’s conduct as both a funding opportunity and a casus belli for street violence. Let us consider the likely reponses to these developments by Trump and Congressional Republicans, as well as how the left’s response would help the cause of liberty.

A call for impeachment by all Democrats would show the American people just how little respect the coastal elites have for the heartland of America, as they would be seeking to overturn the election of the first President in decades who was elected by them to represent their long-forgotten interests. The support, ambivalence, or opposition to the call for impeachment from each Republican in Congress would give the American people important information about where each member stands. Trump, for his part, could respond by declassifying documents in order to release the skeletons in the closet of every member of Congress who opposes him. He could also hold political rallies to gather his supporters and mobilize them against his opponents. Finally, he could remind people that immigration enforcement is an executive function rather than a judicial function and make a separation of powers argument for ignoring the courts. Regardless of what happens to Trump, he could make the 2018 midterms a nightmare scenario for the GOP if they would oppose him as well. This would potentially help the cause of liberty by removing ineffective opposition to the Democratic Party.

A exclusive focus on attacking Trump by the establishment media would only hasten their demise, as he has routinely defeated them by correctly portraying them as enemies of the people and successfully turning their “fake news” phrase against them. Their credibility is at an all-time low and many people trust Trump more than them, meaning that a large segment of the population would not believe them even if what they say about Trump is true. The accusation of causing a constitutional crisis would be true, but such an action is necessary at this point to begin tackling the problem of over two centuries of rule by judges. The corresponding lack of coverage of other news stories coupled with the one-note chorus of the establishment media would work wonders for alternative media firms. Leftist academia would react in much the same manner as the media, which would provide a pretext to defund them, reduce government involvement in student loans, and encourage alternative career paths which do not require university degrees.

Leftist organizations would be unable to pass up the fundraising opportunity that a battle between Trump and the political establishment at the level of President versus Supreme Court would provide for them, and this could be used against them. Many of these organizations routinely overstep the bounds within which they are supposed to operate, especially for the purpose of maintaining tax-exempt status. Strictly enforcing tax laws against them would be a politically popular response which they could not argue against without undermining their stated political positions. Left-wing activists are no strangers to hypocrisy, but the extent of their exposure in recent years is a novel development. Using the IRS and DOJ against left-wing organizations would be a rare use of such powers to defend liberty.

The more radical leftists would join the communist terror group Antifa in the streets, calling Trump’s defiance of the courts the act of a lawless regime and responding with their own lawlessness by attacking innocent people and destroying property. But Antifa has already been found wanting as soon as counter-demonstrators showed up to confront them, and another surge on their part will likely be met by more anti-leftist mobilization of both police and private defense organizations. Violent suppression of the radical left would ensue, which is a necessary prerequisite for a stable social order. Meanwhile, Trump would be able to use such events to portray himself as the sane man against insane opponents.

Aftermath

Should such a move lead to Trump’s impeachment and removal, the American people would be sent a clear message that even a moderate change of course will not be allowed to take place by working within the political system. Thus, solving longstanding problems and moving toward a condition of liberty requires anti-political methods. The ruling class is almost certainly aware of where this strategic line ultimately leads them, so they are not likely to actually remove Trump from office. On a less extreme level, removing Trump would presently require the cooperation of at least 96 House Republicans and 19 Senate Republicans. This would endanger many of those members in their re-election bids, especially if Trump took an active role in funding and campaigning for their primary challengers. Finally, an impeachment effort that proceeds and fails at this point would cause the Democrats to lose even more political status, perhaps even making them a long-term minor party.

The greatest difficulty in determining the aftermath of Trump ignoring the courts is that enforcement agents within the relevant agencies may or may not side with him. The police response to incidents between Antifa and the alt-right indicate a potential conflict between rank-and-file enforcement agents and their commanders, which Trump could resolve in his favor in many cases by removing and replacing key subordinates in the Departments of Defense and Homeland Security. The most dangerous possibility is for a federal judge to have the US Marshals enforce an order against armed agents of ICE or another federal agency involved with homeland security, but the state physically attacking itself is a win for liberty. However, this is an unlikely result because everyone involved has an interest in preventing it.

The most likely outcome would be what happened in Australia when Prime Minister Tony Abbott faced similar circumstances. With a popular mandate to stop an influx of migrants after his predecessor attempted to do so and was overruled by the courts, Abbott stopped the migrants and ignored the courts when they attempted to overrule him. The judges backed down and the precedent that the executive gets to make decisions within the purview of the executive branch was set. American courts would likely react to Trump in a similar fashion, as the aforementioned escalation to one type of armed federal agent confronting another would be more damaging to the court’s prestige than retreating to the proper scope of the judicial branch.

Conclusion

Ignoring a federal court order is a dangerous proposition, but doing so has the potential to begin solving a larger and more pervasive problem than the current immigration situation. Judicial activism is responsible for much of the degeneracy in American culture and politics, including the immigration situation. Countering this is an ultimate imperative for those who would restore liberty. Though the travel ban is not a particularly libertarian undertaking in and of itself, the particular course of action recommended here is because of its wider implications.

On the Imbalance of Political Terror

The primary aim of politically active libertarians is to limit and reduce the size and scope of government, as well as to eliminate as much state power as possible. The means of doing this has consisted of forming libertarian political parties and think tanks, voter education efforts, and allying with members of major political parties on key issues. But a competent strategist must always subject one’s strategies to the available evidence. Over the past half-century, the state has grown tremendously in both power and influence, reaching into every aspect of our lives. This has occurred despite continuous activism in pursuit of the opposite result. It is thus time to consider a different strategy, one which may seem counterintuitive at first but which has far more likelihood of success than continued face-value efforts to limit state power.

Many libertarians and rightists have realized that the modern liberal democratic state is an inherently left-wing institution. Even the soi disant conservatives in such systems of governance hold positions on issues that would be far to the left of acceptable opinion in a traditional monarchy or stateless propertarian society. Whenever an authentic right-wing and/or libertarian movement does manage to take power in a democratic state, it does not last long. Whether by elections, assassinations, or coups d’état, its leaders are removed and its reforms are reversed in short order by establishment hacks who are incensed that anyone dared to disrupt their progressive vision. They then double down on leftism, accelerating the destruction of society, which leads some to believe that right-wing activism will always fail.

There are several explanations for this state of affairs, but there are four aspects of anti-progressive political movements which might be remedied to great effect. First, when libertarians and/or rightists gain political power, they tend to take a principled stand against using that power to reward their friends, punish their enemies, funnel money into their activist organizations, disrupt their opponent’s activist organizations, and engage in social engineering. But leftists have no such scruples about using the state as a weapon to advance their agenda, deftly wielding this dark power to push society toward their dystopian ideals.

Second, the left has gained a stranglehold on the institutions of power. Neoreactionaries refer to these collectively as the Cathedral. The Cathedral consists of bureaucrats, regulators, non-governmental organizations, the establishment press, and most of academia, which tow a nearly consistent party line. These are headed by and staffed mostly by people who share incorrect basic assumptions and perverse incentives which lead them to act in a manner threatening to both tradition and liberty. Though libertarians and rightists have had some success at gaining political figurehead positions, they rarely do any significant infiltration, restructuring, or demolition of the Cathedral. This means that the leftist establishment can continue pressing its thumb on the scales of demographics and public opinion, thus making future attempts at thwarting their efforts more difficult.

Third, leftists have shown themselves to be far more willing to engage in direct action, such as street violence, social harassment and stigmatization of their opponents, and economic ostracism. Though rightists tend to balk at the social disorder that such methods cause, and libertarians tend to dismiss such methods as anti-libertarian even when they are not, refusing to use a weapon that is in play and being used by the enemy is tantamount to willfully entering into a boxing match with one’s hands tied behind one’s back.

Fourth, few moderate leftists are willing to denounce the most extreme elements of their faction, silently acquiescing to rioters who have no respect for private property or even the lives of anyone who is remotely right-wing. Conversely, the right and the libertarians (or what passes for them) seem obsessed with respectability, purging anyone who leftists might deem beyond the pale from polite conservative/libertarian (or cuckservative/cuckertarian) society. While it would be best if both communists and neo-Nazis could be relegated to the fringes of society, it makes no sense to run out one’s most ardent and willing fighters if the other side will not do the same.

The combination of these four factors produces an imbalance of what may be termed political terror, which may be defined as the use of violence, threats, fear, and intimidation by one political faction in a society against its opponents. This imbalance strongly influences a wide range of activities throughout a society, including government legislation and regulation, business practices, media bias, academic curricula, and limitations on the free exercise of fundamental natural rights. All of these activities are skewed in a leftward direction because there is currently no fear that the right will engage in its own social engineering to offset leftist efforts. For the sake of both liberty and tradition, this must change. Let us now consider what forms this change may take.

Principles, Political Autism, and Realpolitik

The first problem is mainly the result of political autism on the part of libertarians, and insufficient ardency and/or authenticity on the part of rightists. Libertarians must come to understand that although using the state is not the ideal option, their apparent refusal to overthrow the state by force means that the state will remain in operation and be used by someone, which will be their enemies if it is not them. Rightists must come to understand that conserving the status quo is not only undesirable but impossible, if for no other reason than entropy. To have any hope of restoration without collapse, the right must push against progressivism and attempt to reverse the degenerative course charted by the left. Both must realize that a set of principles that leads to consistent failure is a set of principles worthy only of abandonment, and both must purge the leftist entryists from their ranks.

Let us consider what this may look like in practice by considering several examples. The IRS targeting scandal outraged many conservatives, and for good reason. The state’s revenue collection arm was being used as a weapon against the political speech of opponents of the then-current regime. Many congressional hearings were held, including the infamous Lois Lerner hearing. But as satisfying as it would have been to see Lerner behind bars (not that there was any serious effort to put her there), that would not be the best political strategy. It would be far more effective in the long-term for a Republican administration to use the IRS as a weapon to attack left-wing foundations and activist groups, deny them tax-exempt status, meticulously audit them, and prosecute any violations to the fullest extent of the law. Once that is done, Congressional Democrats would be far more likely to entertain proposals to abolish the IRS, their activist base having been on the business end of it.

Another ongoing debate concerns the limits of freedom of speech, especially on college campuses. Left-wing activists claim that anything to the right of Marxism is hate speech and must be silenced, following the teachings of Herbert Marcuse and Karl Marx himself on the subject. For now, most libertarians and rightists are insisting that the antidote to speech that one dislikes is more speech rather than less. Though some success is being had by showing up and speaking despite leftist protests, it may be more fruitful for libertarians and rightists to agree that freedom of speech may be overrated and seek to ban communist propaganda rather than hate speech. Such a ban should be as vague and fear-provoking as the hate speech laws which muzzle rightists, particularly outside of the United States. And of course, any non-critical discussion of hate speech would count as communist propaganda. The end goals of such a measure are both to suppress radical leftists and to show moderate leftists that any power they wish the state to have can and will be used against them when they are not in power, so limiting state power would be wise.

The use of the state’s monopoly on law to sue companies which are disfavored by leftists and allow them to settle lawsuits by donating to third party non-victims instead of helping people who have actually been harmed by those companies is a known problem. According to a recent report, the Obama administration effectively funneled $3 billion into the coffers of left-wing groups through such methods. This is part of the reason why large corporations can be counted on to side with the left on the various social issues of the day. Congressional Republicans argue that such an abuse of power should be stopped, and there is merit to that argument. But again, the more effective course may be for rightists to funnel such funding into their groups in order to balance the scales. This would both make leftists think twice about such tactics and provide an opening for libertarians, who could appeal to companies who wish to be free of extortion from both left and right. Meanwhile, large corporations would be less hasty to jump on board with the leftist agenda du jour, as they would have a backlash to think about when the right next comes to power.

That demographics are destiny is a fact clearly established by historical precedent. The use of immigration policy to alter the demographics of Western countries has been a leftist project for decades. Mainstream consevatives seek immigration reform, while populists like Donald Trump are willing to build border walls and restrict immigration. But this alone will not undo what leftists have done to the genetic stock of Western nations. If a libertarian immigration system is not an option, and no one is willing to do what would be necessary to make that option available, then immigration policy will remain a tool of social control which could be used by the right to counter leftist policies. This could consist of repatriating foreign arrivals, repealing birthright citizenship, and offering asylum to imperiled white people in sub-Saharan Africa to offset non-white third-world immigrants. The latter policy would be particularly effective at both angering the left while also demonstrating their hypocrisy and anti-white racism. The left would be less likely to use immigration policy to advance their agendas in future if the right shows a willingness to both reverse their maneuvers and make counter-maneuvers.

There are many more examples that could be discussed, but the general pattern should be clear. Reverse a leftist policy, then impose a counter-policy to further undo their efforts. Make life difficult for leftists, just as they have made life difficult for their political opponents. Stop adhering to rules which are designed by the left but never followed by them.

Besiege the Cathedral

The second concern is the result of decades, if not centuries, of leftist infiltration and commandeering of universities and media outlets, which have been the occupations of choice for sophists since the historical Cathedral in the form of the Catholic Church lost its formal secular power. The result has been generations of people thoroughly indoctrinated with leftist thought. Some of these people took bureaucratic and regulatory positions in government, while others founded and worked at leftist NGOs. This played a large role in shifting society leftward toward democracy, socialism, and communism. Fortunately, there is much that can be done to besiege the Cathedral, and some of it is already being done.

The root of the Cathedral problem is the government education system because it is there that the next generations of leftists are minted. Libertarians would seek to eliminate this system in favor of private alternatives, and they are not wrong in theory. The private alternatives which already exist should be promoted and encouraged, perhaps officially. National departments of education should be abolished in favor of local control of school curricula, and governments should be extricated from the student loan business. This would do much to reduce both the power and reach of leftists in academia. But as long as government schools and universities exist, some political faction is going to use them to promote their agendas and employ their members. If rightists and libertarians can infiltrate such institutions and take over teaching positions, they will be able to prevent future generations from being fed leftist propaganda. The power of the purse may also come in handy, as a right-wing administration could deny grants and other funding to professors who are clearly biased in favor of leftism while funding researchers in what are currently politically incorrect endeavors. Nothing would make leftists support private education and homeschooling like the possibility of their children being taught a reactionary curriculum.

The spread of dissident thought is far easier in the age of the Internet, and opponents of the progressive agenda have taken advantage of this opportunity. This must be done to an even greater extent, and attempts by the establishment to censor right-wing and libertarian content must be stopped. Free market methods of addressing this problem include crowd-funding and creating alternative social media platforms, and these methods have demonstrated some success. State power could help here by holding all companies that receive government funding to the standards of conduct that the government is supposed to follow, which (in the United States) means that most major social media companies could be given an ultimatum to stop censoring rightists and libertarians or lose all government funding and contracts. Alternatively, a right-wing administration could give illiberal progressives a taste of their own medicine by encouraging social media platforms to censor leftists instead of rightists. Finally, the state could be set against the establishment press by increasing taxes and regulations on them while granting a free hand to alternative media and independent journalists. These measures should be effective at disabusing leftists of the idea of silencing speech that they dislike.

Another obstacle is presented by NGOs, which will take whatever actions they can against the implementation of the strategies outlined in this article. It is best to shut down and ban NGOs in order to rid the system of their influence, as it is far easier to do this than to try to infiltrate them while doing everything else recommended in this article. Note that most of the activities associated with shutting them down and banning them would fall under some other recommendation made in this article.

Finally, the Cathedral could be weakened by restoring the power of the real Cathedral, i.e. the church. But in a society that is increasingly reliant upon reason and evidence while being increasingly skeptical of faith and divine revelation, this is highly unlikely to be implemented despite its historical efficacy of providing a check on state power. It is therefore more useful to stick to secular solutions to the problems at hand.

The Ground Game

The third disparity is caused by the very nature of the average right-wing activist versus the average left-wing activist, and this problem will be exacerbated by the solutions to the first two problems as leftists take to the streets to protest right-wing social engineering policies. The rightist is more likely to have a family to support, a job to worry about losing, and other such concerns than the typical Antifa member. This may change if the economy continues to stagnate, thus leaving more right-wing people out of work, keeping them from forming families, and pushing them in a revolutionary direction, but it remains a problem for now. Anti-communists are also far behind radical leftists in fundraising, organization, strategy, tactics, volunteers, and much else. The deep state is clearly in league with the leftists as well, seeing that the FBI would rather investigate patriot groups than communist rioters.

That being said, there are some recent successes on this front. 4chan’s /pol/ community has done an excellent job of identifying masked Antifa members so that they can be prosecuted for their crimes. In other words, Internet trolls are doing the jobs of government investigative and national security agencies for them. The Antifa loss in Berkeley, Calif. on April 15 has tempered their activity somewhat, as has the fact that the police there and elsewhere have begun taking the threat posed by Antifa more seriously. No longer are they being allowed to wear masks in public, which is already illegal in many places. The presence of firearms on both the Antifa side and the rightist side in Pikeville, Ky. on April 29 helped to keep the peace there, which was not a factor in Berkeley, Calif. or Auburn, Ala. Public opinion also seems to be turning against Antifa, despite the best efforts of the establishment press.

The trend is positive, but more must be done. More of the comprehensive strategy against Antifa should be implemented, especially declaring them a domestic terrorist organization. More lawyers and medical personnel are needed to get anti-communists out of jail and tend to any wounds they sustain. More security personnel are needed to make sure that libertarian and right-wing speakers are safe. Donors who can put their capital against the capital of George Soros and others like him are needed to provide funding for grassroots counter-terrorism. Above all, more libertarians and rightists must show up against the leftist hordes because they appear to behave far less dangerously when they are outnumbered.

However, it is important not to go too far in this regard. Just because Antifa makes violent threats to shut down events does not mean that we should also resort to terrorist activity, even if that would meet the lex talionis standard being advocated more generally in this article. Antifa also use explosives and other area-effect weapons, which should generally be avoided because they are likely to harm innocent bystanders. That said, it is necessary to walk up to the line, even if crossing it would be counterproductive. For example, descending upon a venue that is hosting a leftist speaker in order to heckle and disrupt the event would be fair game, as would informing the employers of Antifa members who have jobs of the nature of their employees in an effort to get them fired. Radical leftists use both of these tactics against their political opponents, so turnabout is fair play.

Unholy Alliances

The fourth problem is the result of leftist infiltration into right-wing and libertarian circles in the forms of neoconservatism and left-libertarianism. This has led to an obsession with respectability in the eyes of the left, which in practice can only mean conformity with leftist agendas. The problem began in earnest for the right with William F. Buckley’s purges at the National Review, and although it was always present at some level within the modern libertarian movement, Samuel Konkin bears much of the blame for this. One does not have to like white nationalists, fascists, or any other far-right group to realize that they are an asset in a street battle against the left and that however bad they might be, communists are even worse. Thus, the first order of business is to stop denouncing such people, at least until the left is either defeated or willing to denounce its violent extremists. Then, and only then, may the worst elements of the right be jettisoned. Second, those who insist on playing respectability politics and purging people toward that end must themselves be purged. The difficulty of this will vary widely, as leftist infiltrators vary widely in how much resistance to their agendas they must face in order to become sufficiently triggered to leave libertarian or rightist groups, but most will leave once it is clear that they and their ilk are no longer welcome. These two measures, if thoroughly implemented, should move the balance of the political scales away from the left and toward the center.

Response and Counter-Response

Leftists will respond to this new strategy from libertarians and rightists in one of three ways. Some will complain but take no meaningful action. These people may more or less be ignored. Some will come to their senses after decades of using the state as a means to their ends after seeing firsthand that, as the quote frequently misattributed to Thomas Jefferson goes, a government big enough to give you everything you want is a government big enough to take away everything you have. These people will suddenly appear to become libertarians, with degrees of sincerity ranging from zero to absolute. It is best to treat them as repentant sinners, accepting them for the moment but keeping a watchful eye on them for any relapses into leftist advocacy. But others will only be angered, hardened, and emboldened by such an approach. They will take to the streets and riot like nothing seen in recent times. The only solution to this problem is to violently suppress and physically remove them, as they are unrepentant aggressors who have proven incorrigible by lesser measures.

It must be noted that some elements of the right are enemies of liberty as well, and there is a significant danger associated with empowering them to defeat the left. But if history is any guide, even the worst authoritarian rightists cause no equal in death or destruction to that caused by communist regimes. Nor can they, as right-wing statists at least show some nominal concern for ethical norms of private property and non-aggression, even if they frequently violate those norms. Communists, on the other hand, seek to completely abolish these norms and accomplish their goals by any means necessary. It is thus a matter of priorities to physically remove communists first and then find a way to toss whoever our Pinochet might be from his own helicopter.

Conclusion

What is being advocated here will understandably make many right-wing and libertarian people uncomfortable. After all, this proposal moves in the opposite direction from where both generally wish to go, and both are rightly skeptical of the idea that anyone alive today is qualified to use state power to engineer society. But qualified or not, as long as that power exists, someone is going to be using it for that purpose. If no one is willing to do what is required to dismantle that power, then we are faced with the stark choice of using it when we get a chance or leaving it to the enemies of liberty to continually engineer society against us without meaningful counter-engineering on our part. If we cannot have non-aggressive peace with the left, then the only remaining options are the aggressive peace of mutually assured destruction or a political civil war between leftists and their opponents. The implementation of this proposal is guaranteed to provide one or the other. This concludes the proposal for restoring a balance of political terror.

Tucker, Spencer, Libertarianism, and Fascism

On February 18, white nationalist and alt-right leader Richard Spencer was present in the bar of the Marriott hotel that hosted the International Students For Liberty conference. He was invited by the Hans-Hermann Hoppe Caucus, a group of right-libertarians with no official affiliation with SFL. A sign and the claims of several Hoppe Caucus members made it seem as though Spencer was an official part of the event, although he was not.

“We started the Hoppe Caucus with just a small group of people to spread diversity of conversation into the libertarian movement,” said Mitchell Steffen, founding member of the Hoppe Caucus. “We don’t agree with what Spencer believes in a lot of ways, but we still wanted to hear his point of view.”

For the better part of an hour, he and a small gathering of supporters, other listeners, and some SFL attendees engaged in political conversation in a peaceful and mostly quiet manner. Things got more raucous over time, then Jeffrey Tucker and others arrived to loudly denounce Spencer. Tucker left the scene, but those who came with him kept yelling, prompting hotel security to ask the entire crowd at the bar to leave. Spencer requested an escort out by hotel security, which they provided.

“It was really unfortunate how it turned out,” Steffen said. “I think the Hoppe Caucus did a good job of pushing the envelope and exposing hypocrisy though. Spencer’s ideas should be challenged with better libertarian ideas. He should not be bullied.”

The Exchange

First, let us analyze the exchange between Tucker and Spencer, transcribed below from the source video:

“JEFFREY TUCKER: I think fascists are not welcome at an anti-fascist conference! Not welcome! Students For Liberty is about human dignity, about liberty for all and not about fascism and that is what that man represents! You know the only reason you’re here is because of public accommodation laws; otherwise you’d be thrown out immediately, buddy.
RICHARD SPENCER: Oh, its Jeffrey Tucker! (unintelligible)
JT: (unintelligible) Yeah, this hotel, because you’re devaluing this property, my friend.
RS: Oh, really? By you, Jeffrey? I’m not sure you could throw out a fly, little Jeffrey. Hey Jeffrey, I used to read those articles by you, Jeffrey.
JT: Look, you don’t belong here. You absolutely don’t belong.
RS: Oh, I don’t belong here? What?
JT: You know why? Because we stand for liberty.
RS: Do you support the deep state, dude? That’s awesome.
JT: You stand for fascism, and you don’t belong here. Students For Liberty opposes everything that you stand for, buddy.
RS: You tweeted that you support the deep state over Trump. I think you might be a little fascist there, little Jeffrey.
JT: You are a troll. You can’t organize your own conference, so you come to our conference.
RS: That’s not an argument.
JT: You know the last time you tried, you had a bunch of losers in a room making Nazi salutes. That’s what happened at yours.
RS: That’s not an argument.
JT: So you come to our conference and troll us. If you were on Twitter right now, we’d all block you.
RS: I was invited by people here to come speak to them, Jeffrey.
JT: You are a liar! You are a liar! Fascists are liars! (exits)”

Inaccuracies

First, despite potentially misleading statements and signage made by the Hoppe Caucus, Spencer was not technically at the conference. He never went inside the part of the building reserved for the conference that required paid admission, but rather remained in a bar outside which was not reserved for ISFLC participants. Nor did Spencer himself claim to be part of the conference. Tucker is free to voice his opinion that fascists are not welcome at an anti-fascist conference, and although he does not officially speak for SFL, SFL released a statement in support of Tucker’s actions. However, the wisdom of such a position is questionable. The reaction of Tucker and his ilk is precisely why the alt-right is growing. Neutral observers see a fascist engaged in rational discussion while leftists angrily shout him down and cause a disturbance that gets the venue’s security involved, thus making the fascist seem reasonable by comparison.

Tucker then said that SFL is about human dignity, whatever that may mean, which means that it is not really about libertarianism. Libertarianism is a philosophical position on what constitutes the acceptable use of force. It says that initiating the use of force is never moral, but responding to an initiation of force with defensive force is always moral. Libertarianism says nothing about human dignity one way or another. In a libertarian social order, those who overindulge in vices, engage in criminal behaviors, and/or refuse to be productive people could very well find themselves living a life without dignity, especially if their particular community has a more socially Darwinian ethos. To be fair, Spencer is in the wrong here as well; while peaceful methods could partially achieve his stated goals, many of his goals could only be fully achieved by initiating the use of force.

Tucker claimed that Spencer would be thrown out if not for public accommodation laws and was devaluing the hotel’s property. It is impossible to know whether this is so because it is a counterfactual, but the fact that Spencer has been there several times beforehand without incident suggests otherwise. Ironically, Tucker used the pragmatic libertarian case against open borders to justify his outburst. Open state borders are a form of public accommodation, in that they require the force of government to prevent people from using their freedom of association and private property rights to exclude other people. He cannot be unaware of this inconsistency at this point, so we may reasonably conclude that Tucker is being malicious rather than simply ignorant. What is known is that chanting obscenities, as people accompanying Tucker did, diminishes the quality of experience for bystanders, thus devaluing the hotel’s property.

As an aside, one must wonder if Tucker would be so quick to denounce a similar figure who is of a protected class, such as a member of the Hotep movement, which is in many ways the black counterpart of the white nationalist alt-right. Perhaps inviting someone like Ali Shakur would be a more effective move at ISFLC 2018 than inviting Spencer. Then we could see whether Tucker would be consistent or would fear the social justice warriors around him calling him racist.

Spencer asked if Tucker supports the deep state over Trump, and suggested Tucker might be a bit fascist for doing so. This referred to a February 15 article by Tucker, arguing that however bad the establishment may be, Trump could be worse. While his analysis in that article is suspect, the only hint of fascism from Tucker is in his reaction to Spencer’s presence.

Libertarianism and Fascism

Tucker claimed that SFL stands for liberty while Spencer stands for fascism, and thus Spencer did not belong there. Let us examine the relationship between libertarianism and fascism, for there has long been a link between the two. Ludwig von Mises wrote favorably of fascism in 1927, saying,

“It cannot be denied that Fascism and similar movements aiming at the establishment of dictatorships are full of the best intentions and that their intervention has, for the moment, saved European civilization. The merit that Fascism has thereby won for itself will live on eternally in history. But though its policy has brought salvation for the moment, it is not of the kind which could promise continued success. Fascism was an emergency makeshift. To view it as something more would be a fatal error.”

Mises was prescient on the matter of how fascism in particular and reaction in general arises. There is no need to fix that which is unbroken, so a healthy social order will contain nothing to the right of conservatism, meaning the desire to maintain the status quo. Reactionary thought arises when a society makes a mistake and the social order becomes unhealthy, and fascism in particular arises as a response either to the threat of a communist takeover or to the suffering caused by socialism. Libertarianism and reaction are pieces of a whole, and libertarianism and fascism can work together in some circumstances because they share the common enemies of democracy, socialism, and communism. There is a danger here, as Mises would learn the hard way when fascists forced him out of his academic position in Vienna and away to America, but history clearly demonstrates that as bad as fascism can be, communism and socialism wreak more havoc.

The 1973 Chilean coup d’état led to another confluence between libertarianism and fascism. Before Augusto Pinochet took power, Chile was suffering from 140 percent annual inflation and contracting GDP under Marxist leadership. Pinochet was willing to listen to Milton Friedman’s students, and although the Chicago School of Economics is not as libertarian in disposition as the Austrian School, this led to an important series of market reforms and improvements in the mid-1970s and the 1980s known as the Miracle of Chile. These policies were continued after Pinochet’s rule ended in 1990, and the percentage of people living in poverty was reduced from 48 percent to 20 percent from 1988 to 2000. In 2010, Chile was the first South American nation to win membership in the Organization of Economic Cooperation and Development, an organization restricted to the world’s richest countries.

In more theoretical terms, if a private property owner under libertarian standards wishes to administer his estate after the form of a fascist dictatorship, it is his right to do so. Being the owner of the property means that he has a right to exclusive control over it, including its governance structure. However, he cannot force people to stay, so a libertarian fascist will have to be far less oppressive than statist fascists in order to keep his regime populated. This kind of governance, which offers people no voice and free exit, has proven best at limiting state power throughout history. It would also be best for limiting the tyranny of the private property owner that so concerns critics of libertarianism. This sort of libertarian fascism is not what Spencer advocates, but Tucker’s claim that fascism is necessarily opposed to libertarianism is both logically false and contradicted by the historical case of Pinochet’s Chile.

Trolling, Heiling, Blocking, Lying

Tucker claimed that Spencer came to ISFLC because he could not organize his own conference, then contradicted himself by referencing Spencer’s National Policy Institute Conference in November 2016 at which Spencer said, “Hail Trump! Hail our people! Hail victory!,” and several people in the audience responded with Nazi-style salutes. Though Spencer’s conference was much smaller (275 attendees versus 1,500+ attendees), Tucker’s claim is clearly false.

Tucker accused Spencer of being a troll and of lying about being invited to the venue. Spencer was not lying about being invited, as the Hoppe Caucus invited him and Spencer never went into the part of the building reserved for ISFLC where he was not invited. Whether Spencer is a troll or not is mostly a matter of opinion. He is not the most informed person, having been caught in numerous errors of fact throughout the years, but he was engaging in a peaceful discourse. Being offended was a choice made by Tucker and his ilk because Spencer was attracting enough attention to make the SFL establishment uncomfortable. It is telling that Tucker and company would resort to causing a disturbance and involving security forces because his side appeared to be losing in the marketplace of ideas that night.

Tucker said that if the confrontation had occurred on social media rather than in the physical world, then all ISFLC attendees would block him. This is another untestable counterfactual, but judging by the amount of people engaging with Spencer, Tucker’s claim stretches credibility.

Aftermath

The Hoppe Caucus released a statement on their Facebook page, saying,

“The Hoppe Caucus hosted Richard Spencer at ISFLC not because we were trying to start some kind of commotion, but rather an important dialogue. Hans-Hermann Hoppe invited him to his own Property and Freedom Society Conference several years ago for that very reason. After all, event organizers thought it would be a good idea to have leftists and even full-blown communists at the event as apart of the ‘big tent.’ So why not discuss the alternative right? Why not enlarge the tent a little bit further? Furthermore, who gets to define the tent? Is it the big money funders? Is it the oligarchs? Is it is the intellectual elite? Or is it the rank-and-file libertarians? These are all questions we should be pondering considering what happened this weekend.”

SFL has declared that “[t]hose responsible for the disruption have been identified, and are no longer welcome at Students For Liberty events.” Again, this is their right, but Spencer was not inside the event proper and attempting to silence Spencer and the Hoppe Caucus only makes them look like winners of the debate to a neutral observer.

Robby Soave demonstrated an ignorance of the facts of the case and libertarian principles, as well as political autism concerning group dynamics in his write-up of the matter. This would not be so notable, except that media outlets from Salon to The Blaze ran with his deeply flawed narrative. But this is to be expected, as accepting a narrative from someone else is easier than researching and thinking for oneself.

Overall, this incident illustrates why the libertarian moment seems to have passed and the alt-right movement continues to grow. Regardless of what one may think of Tucker, Spencer, fascism, or libertarianism, the tactics employed by Tucker and his ilk ensured that Spencer and fascism emerged victorious while the flawed application of libertarian ideas by those who either do not understand them or intentionally misuse them harmed the cause of liberty.

20 Reasons Why Gary Johnson Will Not Be Inaugurated

On January 20, barring any extraordinary circumstances, 2016 Republican candidate Donald Trump will be inaugurated as the 45th President of the United States. Needless to say, this means that Libertarian candidate Gary Johnson will not be inaugurated. There are a multitude of reasons for this, some of which are common to all third-party candidates, some of which affect the Libertarian Party in particular, and some of which are specific to the Johnson himself. Let us examine all of them in that order and see why Johnson not only lost, but failed to earn 5 percent of the vote against two of the least popular major-party candidates ever to seek the Presidency.

I. All Third Parties

a. Duverger’s Law

Duverger’s Law holds that plurality-rule elections (such as first past the post) structured within single-member districts tend to favor a two-party system. Duverger suggests two reasons for this; some smaller parties ally together to make a stronger party, and other smaller parties fail because voters abandon them. A purely statistical restrictive feature is that because the system rewards only the winner in each district with political power, a party which consistently loses will never gain political power, even if it receives a sizable minority of votes. There is also the matter of polarization; if a large group of voters support a candidate who is strongly opposed by another large group of voters, defeating that candidate is easier if they do not split their votes among multiple candidates. Furthermore, evolutionary psychology suggests a possible genetic basis for a left-right two-party political system.

b. Electoral College

The American system for electing presidents contains an additional barrier to third parties: the Electoral College. Rather than a direct popular vote, the winner of the popular vote in each state gains a number of electors which depends on the population of that state. This amplifies the effect of Duverger’s Law by making all losing votes in each state worthless for gaining the Presidency. This effect was seen in the 1992 election, when Ross Perot earned 18.9 percent of the national popular vote but failed to earn any electoral votes, as he did not come in first place in any state. This result has made people in recent elections more likely to view third-party campaigns as a wasted effort. Another historical example is the 1912 election, in which Theodore Roosevelt’s candidacy caused Woodrow Wilson to win far more electoral votes than his popular vote percentage would suggest.

c. Media Coverage

If a candidate is unlikely to achieve political power, then it makes little sense for the media to devote significant airtime to covering that candidate’s campaign, activities, and policy positions. Diverting media to a third-party campaign might also incur the wrath of the major parties, who could view such a move as a conspiracy between the media and the third party to upset the established order and respond with censorship measures. With the advent of the Internet and social media, this barrier is breaking down, but it is not yet gone.

d. Funding

Part of the purpose of funding a political campaign is quid pro quo; in other words, wealthy donors expect something in return for their patronage. In fact, studies show that there is no better return on investment for a corporation’s capital resources than to bribe politicians, which can generally only be done legally by funding their campaigns or their SuperPACs. If a candidate and/or party is unlikely to achieve political power, then funding them is a waste of capital. Furthermore, funding them may invite a backlash from one’s fellow oligarchs, who do not wish to see the system that benefits them be upended by a new political force.

e. Ballot Access

Like most groups which manage to consolidate power, the Republicans and Democrats abuse it. Regardless of whatever disagreements they have, they routinely agree that no other party should gain a foothold in the institutions of power and act in concert accordingly. The most common way of doing this is to pass ballot access laws which greatly favor the two major parties. This is done to burden third parties with expensive and time-consuming efforts to gain thousands of petition signatures in order to gain or keep ballot access. The third parties which cannot succeed in this are eliminated from the ballot and thus eliminated from political contention. Those which do succeed are greatly weakened by the loss of effort, money, and time which could have been spent campaigning for office if there were not such onerous requirements for ballot access.

f. Debate Access

Just as the establishment media is loathe to devote coverage to alternative parties for the reasons discussed above, they also collude with the major parties to deny access to televised general election debates. Since the 1988 election, the Republicans and Democrats have used the Commission on Presidential Debates that they created to effectively silence third-party candidates in general election debates (with the exception of Perot in 1992, but this was only because both major-party candidates believed that Perot’s presence was in their self-interest). This creates the appearance in the minds of voters that the two major-party candidates are the only legitimate choices.

II. The Libertarian Party

a. Inherent Contradiction

Libertarianism is a philosophical position on what constitutes the acceptable use of force. It says that initiating the use of force is never acceptable but using force to defend against an initiator of force is always acceptable. Taken to its logical conclusion, libertarianism requires anarchy and views the state as an institution of violent criminality. This is because the state is a group of people who claim and exercise a monopoly on initiatory force within a geographical area.

With this in mind, the Libertarian Party contains an inherent contradiction, in that it is a political party devoted to anti-politics, an attempt to use the current system in order to destroy it. In the words of Christopher Cantwell,

“Any libertarian who tells you he is trying to win an election is either lying to you about trying to win the election, lying to us about being a libertarian, or terribly misinformed. As far as we’re concerned, elections are a bad thing. We’re trying to end them, not win them.

The nature of the State is to make false promises to bait support from the people it victimizes. They promise to protect you from boogeymen; they promise to solve your economic problems; they promise to carry out the will of your deity. We see this as completely ridiculous; we know it will fail, and we know that most people are stupid enough to swallow it hook, line, and sinker, so we cannot compete with it in a popular vote.

Libertarians are anarchists, whether they realize it or not. Even the ones who are delusional enough to think that they are going to get elected and restore the bloody republic are little more than useful idiots who are repeating anarchist propaganda for us through channels normally reserved for government. The goal is not to win your elections; the goal is to turn a large enough minority against the legitimacy of the State as to make its continued function impossible.”

Though the Libertarian Party has other purposes, such as social networking and educating people about libertarian philosophy, it is hampered in a way that other, non-libertarian third parties are not by its contradictory nature.

b. Principles Over Party

The Libertarian Party brands itself as the Party of Principle, though this is questionable when one considers the candidates who run under its banner. To the extent that this is true, however, it can harm the party’s election results. A principled libertarian will reject the political quid pro quo bribery that allows the major parties to fund their campaigns and maintain their power, and this puts one at a structural disadvantage to the political establishment. As Nick Land explains,

“Since winning elections is overwhelmingly a matter of vote buying, and society’s informational organs (education and media) are no more resistant to bribery than the electorate, a thrifty politician is simply an incompetent politician, and the democratic variant of Darwinism quickly eliminates such misfits from the gene pool. …It is a structural inevitability that the libertarian voice is drowned out in democracy.”

c. Lack of Unity

If an insufficiently libertarian candidate wins the party’s nomination, LP voters are more likely than voters of other party affiliations to support another party’s candidate. In 2016, this manifested in the defection of many libertarians to the Trump campaign (and a small handful to the other campaigns), as well as the quixotic write-in campaign of failed Libertarian candidate Darryl Perry. This results in the LP having less of an impact than it would if its voters came home after a bitter primary to the same extent that voters for the two major parties do. A lack of unity in an already small party is a death sentence for its political influence.

d. Bad Presentation

From the standpoint of a philosophical libertarian, the 2016 Libertarian National Convention was a raging dumpster fire. Candidates voiced support for all sorts of anti-libertarian ideas, the least libertarian candidates for President and Vice President were nominated, a candidate for party chair performed a striptease at the convention podium, and failed presidential candidate John McAfee thought it wise to attack the core demographic of libertarianism. At a time when the Libertarian Party most needed itself to be taken seriously by the American people, the convention did nothing to help the image of libertarianism while doing much to pollute its message and tarnish its image in the minds of voters.

After the convention, the LP spread misinformation concerning what a vote for Johnson could actually accomplish. It turns out that contrary to LP propaganda, 5 percent of the national popular vote does next to nothing for ballot access because ballot access is a state-level issue. The only such law is found in Georgia, but it requires 20 percent of the national popular vote for automatic ballot access in the next election. Lying to potential voters about the impact that they will have for one’s cause is not a recipe for success.

III. Johnson/Weld 2016

a. Lack of Libertarianism

As mentioned above, Gary Johnson was the least libertarian of the five candidates featured in the debate at the convention. Johnson repeated the tired falsehood that libertarianism is social liberalism combined with economic conservatism, supported fixing Social Security rather than phasing it out, claimed that market forces had bankrupted coal companies rather than government regulations, supported for a consumption tax (which drew a round of boos from the audience), advocated regional banks rather than a free market in currency, declined to condemn the atomic bombing of Hiroshima, had no answer as to whether American involvement in the World Wars was justified, supported government involvement in marriage, favored the Civil Rights Act of 1964 (which drew a round of boos from the audience due to parts which violate private property rights and freedom of association), and supported government-issued driver’s licenses (which drew several rounds of boos from the audience). Johnson also has a history of supporting military intervention against Joseph Kony, saying that Jews should be forced to do business with Nazis, wanting to ban Muslim women from wearing burqas, and growing state government spending as governor. William Weld, Johnson’s running mate, was even worse; he was the least libertarian of the four vice presidential contenders by a mile. Weld has a history of supporting affirmative action, eminent domain, environmental regulations, gun control, the Iraq War, the Patriot Act, the presidential candidacy of Barack Obama, and the presidential candidacy of John Kasich. There was nothing to attract anyone who was looking for a principled libertarian message, and much to repel them.

b. Lack of Knowledge

In a September 8 interview on MSNBC’s Morning Joe, Mike Barnicle asked Johnson about Aleppo. Johnson completely blanked out on the issue. At the time, he was hovering around 9 percent in the polls and needed to reach 15 percent to gain access to the debates. This gaffe marked the beginning of his gradual decline from 8.8 percent on September 7 to the 3.3 percent of the vote he received on November 8. Attempts were made to defend his gaffe by claiming that Johnson could not bomb other countries like major-party presidents do if he did not know about them, but these rightly rang hollow. A few weeks later, Johnson was asked to name a foreign leader that he admires and was unable to name anyone. While a philosophical libertarian could say that all heads of state are presiding over criminal organizations and are thus unworthy of admiration, Johnson did not do this and attempts by his supporters to spin his gaffe in that fashion were risible at best. It is one thing to withdraw from foreign entanglements, but quite another to have no idea what is happening in the world.

c. Lack of Personal Growth

Johnson first ran for President in 2012 as a Republican, then switched parties to gain the Libertarian nomination. As the 2012 campaign season wore on, Johnson improved in his ability to speak publicly and articulate libertarian ideas, though he still made some significant errors. Unfortunately, this trajectory did not continue. Four years is a long time in which to gain knowledge and grow as a person, but Johnson did not noticeably do either during this time. If anything, his mental faculties appear to have regressed between his 2012 campaign and his 2016 campaign.

d. Bad Presentation

Not only did Johnson gaffe badly on multiple occasions, but his presentation was downright weird at times. In an interview with NBC’s Kasie Hunt, Johnson stuck out his tongue and spoke almost incoherently. His intention was to make a point about debate access and how bad the major-party candidates were, but it looked desperate, forced, and strange. He appeared to be stoned in other media appearances, despite claiming that he had stopped using marijuana for the campaign.

e. Lack of Preparation and Study

A lack of knowledge and personal growth can only be properly addressed by preparation and study. Johnson and those around him needed to make sure that he was learning everything that he would need to know in order to be an effective presidential candidate on par with the major-party candidates. Clearly, this did not happen.

f. Inactivity Between Elections

A person who intends to run as a third-party candidate in multiple election cycles needs to be involved with the party’s activities in the intervening years. As the most public face of the organization, no one else has more power to bring in donors, encourage activists, and invite new people to the party than the party’s presidential candidate. But Johnson was nowhere to be found between the end of his 2012 campaign and the beginning of his 2016 campaign, having retreated into the private sector to run a marijuana company (which may help to explain the previous points in more ways than one). Johnson has similarly fallen off the face of the political landscape now that the 2016 campaign is over, which may harm the party’s outreach efforts leading up to the 2020 campaign.

g. Lack of Charisma

Johnson seems to lack the ability to take over a room in the way that successful presidential candidates do. Instead, he is usually soft-spoken and nervous, which causes his statements to lose some of their gravitas and his barbs to lose some of their sting. When he does raise his voice, it comes across not as righteous indignation but as a simple loss of temperament. While this might be good for countering the imperial Presidency after taking office, it is counterproductive for getting there.

h. Lack of Political Awareness

Much like Rand Paul during his campaign, Johnson seemed completely oblivious to what was happening in middle America. Whether by the statism indoctrinated into the voting public or by the political autism and cuckoldry that commonly manifest in mainstream libertarians, the libertarian moment passed and the right-wing populist moment came. The Libertarian Party found itself just as unprepared for this as did the Democrats and the establishment Republicans. For this reason (and the previous reason), Johnson was incapable of effectively countering Trump.

i. Unscrupulous Spending/Ron Neilson

The Libertarian Party and its candidates never have the resources of a major-party campaign. It is therefore of the utmost importance to wisely use the limited amount of funds available. The Johnson campaign failed to do this, spending an inordinate amount on campaign consulting services while still owing nearly $2 million from his 2012 campaign. If the campaign had received a good return on its investment into Ron Neilson’s consulting firm, then this might not be so bad. But given all of the above issues which a consulting firm might be expected to notice, bring to a candidate’s attention, and attempt to resolve, this was clearly not the case.

j. Lack of Loyalty

Even if all of the above issues did not exist, it is difficult to mount a successful presidential campaign when it is being torpedoed by no less than the bottom half of the ticket. Bill Weld proved that he is not only anti-libertarian on the issues, but a traitor to the Libertarian Party. In an interview with MSNBC’s Rachel Maddow on November 1, Weld said,

“Well I’m here vouching for Mrs. Clinton and I think it’s high time somebody did, and I’m doing it based on my personal experience with her and I think she deserves to have people vouch for her other than members of the Democratic National Committee, so I’m here to do that.”

At a press conference on November 7, the following exchange occurred:

Press: Between Clinton and Trump would you say ‘vote for Hillary Clinton?’

Weld: “Absolutely! I’ve sort of said that from day 1… But I’m saying, you know, if you can see your way clear to vote the party in the middle, that would be the Libertarians, that’s our first choice.”

Weld then said,

“We want people to vote Libertarian, but I understand in very close swing states there may be different dynamics at play, but in places like Massachusetts, where Mrs. Clinton is way, way, ahead, I would encourage everybody to vote Libertarian.”

Given the history of third-party candidacies, this is exactly the wrong approach. Third parties advance their causes by playing spoiler, thus forcing the major parties to either adopt their platforms or face the threat of being replaced in the way that the Republicans replaced the Whigs.

Conclusion

Gary Johnson is not going to be President, and the 20 reasons discussed above show that there was never any doubt of this by any competent observer. In future elections, this should be a thorough guide for the Libertarian Party concerning what not to do. But because Johnson gained a record vote total and vote percentage for the LP and libertarians tend to be no better than other people at recognizing the need to contemplate counterfactuals rather than to look only at what happened in this timeline, these lessons will likely remain unlearned and the LP will continue to wander in the wilderness.

The Not-So-Current Year: 2016 In Review

Though the specific demarcation of the passage from one year into another is a rather arbitrary social construct, it does provide a useful annual period for self-examination and remembrance. Now that 2016 has entered the history books, let us take a look back at a year’s worth of essays and review the not-so-current year.

We begin, of course, with last year’s article of the same kind. Some articles in this list are sequels to articles in that list. Aside from that, we may move on.

My first article proper of 2016 was A Case Against the Nineteenth Amendment. It was intended to come out before the New Year, but I was not satisfied with it until January 3. If I were to rewrite this article, I would say more about biological differences between the sexes and why these make the entrance of women into democratic politics a danger to the stability and sustainability of a society. I took down the First Amendment later in the year.

The Bundy standoff at the Malheur National Wildlife Preserve began. I made nine observations on the event. Their later acquittal on several felony charges after the standoff ended in what was essentially an instance of jury nullification was cause for celebration.

As usual, leftists called for more gun restrictions and an end to gun violence without seeing that the former would both cause and be enforced by gun violence or the threat thereof. Rather than take the usual path of reductio ad absurdum, I argued the sharper point that gun deaths can be a good thing. This did not sit well with the editors at Examiner.com, who pulled the article. Given a long and contentious history with the site, I decided to part ways with them and start my own site. This proved to be a wise choice, as Examiner gave up the ghost less than six months later, with all content disappearing into the aether. My next task was to choose a name for the site and explain its meaning.

Christopher Cantwell argued the libertarian case for Donald Trump, and I gave him some pushback. Shortly afterward, Rand Paul suspended his campaign, and I wrote a list of observations on the event.

‘No victim means no crime’ is a common saying among libertarians, but an altogether too reductionist one. I explained why.

A Russian film crew flew a drone over the city of Homs and recorded the aftermath of Assad’s forces besieging the city. I rarely get emotional, but seeing the wanton destruction was quite triggering for me. Aleppo was conquered later in the year, and I wrote a list of observations on the event.

I decided to take an educated guess at whether Ron Paul could have defeated Barack Obama if he had been the Republican nominee in 2012. I believe he would have done so easily.

Twitter decided to give in to government and social justice warrior requests to censor their enemies. Unsurprisingly, this tanked their stock prices. I proposed several remedies for the situation, and Twitter has of course used none of them.

Jason Brennan published an article arguing that arguments made by libertarians against open borders have disturbing implications that said libertarians almost never address, so I addressed them and showed on a point-by-point basis that some such implications are not only not so scary, but are actually vitally important to the maintenance of a libertarian social order.

Charlotte City Council approved an expansion of its anti-discrimination ordinance to include transgender people, which I denounced as a violation of private property, freedom of association, public safety, and freedom of religion. Governor Pat McCrory and the state legislature responded with House Bill 2, and the controversy has brewed for almost a year.

An author known as Mr. Underhill published an article arguing that violent revolution is not the appropriate method for achieving liberty. I took the opposite view, which led to a lengthy exchange of four more articles on my part and four more on his part. Following this exchange, I decided to write about how I choose who to debate and for how long, which made me realize that I had entertained Mr. Underhill for far too long. Later in the year, I covered political violence more generally to argue that we need more of it as well.

When examining the intellectual foundation for private property rights, I noticed an unexplored quirk which turned into an original proviso. A critique in the comments section led to another article defending the proviso.

Islamic terrorists attacked the airport and a subway station in Brussels, killing 31 people and injuring 300 others. I wrote a list of observations on the event.

Social justice warriors seem to have their own language which is distinct from both the dictionary definitions and the common understanding of words by most of the general population. I created a glossary to help normal people better understand SJW rhetoric.

Donald Trump suggested that women could be punished for getting an abortion, which outraged both sides of the mainstream abortion debate. I weighed in with a view which did the same.

Having addressed water ownership and pollution in two articles in 2015, I decided to lay out a libertarian theory on air ownership and pollution.

Puerto Rico reached new lows of fiscal irresponsibility, and I explained why it is best to cut them loose from the United States to become an independent country.

The rise of neoreaction and the alt-right has brought reactionary thought back to the forefront. I deemed my first attempt at examining its relationship to libertarianism to be inadequate, so I took a second stab at it. A Jeffrey Tucker article prompted a third effort, and I made a fourth effort later in the year in response to a pro-Trump neoreactionary article by Michael Perilloux.

Peter Weber published an opinion piece arguing that the institution of the American Presidency is being delegitimized, and that this is a dangerous direction. I argued that this is actually a welcome and even glorious development.

Having already explained my decisions about debating other authors, I wrote two more articles explaining my lack of profanity and lack of satirical content.

Many incorrect arguments concerning libertarianism and punishment began to appear, so I laid out a theory of libertarianism and punishment which utilized heavy doses of Rothbard.

The Libertarian Party held its nominating convention, and it was a disaster from beginning to end. The Republican convention was not much better in terms of substance.

Many people have noticed a correlation between weightlifting and libertarianism. I explored this correlation and found many reasons for it.

A terrorist who pledged allegiance to the Islamic State attacked a gay nightclub in Orlando, Fla., killing 49 people and injuring 53 others. I wrote a list of observations on the event, but missed a major point in doing so. Democracy is partly responsible for terrorism because it gives the common person a political voice, which makes them viable targets in a way that absolute monarchies or stateless societies would not.

When the Supreme Court ruled against Abigail Fisher in her anti-white racism case, the Internet cheered. I did not, realizing that the decision was a rejection of pure meritocracy.

Against all predictions, the vote to remove the United Kingdom from the European Union succeeded. I wrote a list of observations on the event.

In my most controversial article to date, I argued the most extreme position in the gun control debate: a private individual has a right to own nuclear weapons, and this would be beneficial for liberty. The troll brigades were out in force making typical leftist non-arguments, and I thank them for granting me a then-record in daily page views (and thus advertising money). A few did raise legitimate criticisms which will require an addendum to be written in the future.

As the major-party presidential nominations were secured, the establishment media wasted an inordinate amount of time engaging in speculation about who would be the running mate of each candidate. When discussing the potential benefits that each potential vice presidential pick could have, they neglected the aspect of assassination insurance.

Several recent problems with the criminal justice system demonstrated that government will not hold government accountable, and that a market alternative is required.

Five police officers were killed by a sniper in Dallas. I used the event to argue that those who kill government agents now are not cowardly murderers perpetrating senseless violence, but neither are they heroic or helpful to the cause of liberty.

A certain type of policy analysis exhibits many symptoms which are also found in high-functioning autistic people. This is more common among libertarians than among people of other political persuasions, so I decided to address the phenomenon.

A significant portion of the media coverage leading up to the Republican convention focused on the possibility of violence on the streets involving leftist protesters and rightist counter-protesters. This possibility went unrealized for reasons which were covered up by the establishment media.

Hillary Clinton said that she was “adamantly opposed to anyone bringing religion into our political process” and that it is “just absolutely wrong and unacceptable.” I argued the opposite case.

Gardening is an enjoyable hobby and a useful metaphor for many things, a libertarian social order included.

Trump hinted at the assassination of Clinton should she win and threaten gun rights. Predictably, every element of the establishment went apoplectic. I argued that political assassinations are ethically acceptable, though not usually the wisest practical move.

Since the beginning of the Black Lives Matter movement, libertarians have had strong differences concerning how to engage with it. I explained the differences between their intentions and libertarian goals.

The 2016 Summer Olympics took place in Rio de Janeiro, Brazil. I wrote a list of observations on the event.

Whenever disasters impact an area in modern times, governments play a large role in the cleanup and recovery efforts. But this causes a behavioral problem in the population, not unlike that caused by the Pax Romana.

The Commission on Presidential Debates decided to exclude third-party candidates yet again. I made cases for peaceful and violent protest of this policy, and longed for a future candidate who might actually motivate people to engage in meaningful resistance.

Liberty Mutual created more advertisements that contain economic fallacies, so I did another round of debunking.

The establishment media tells us that every election is the most important of our lifetime. I proved that this cannot be the case, then psychoanalyzed the establishment media to explain why they keep repeating this, as if to convince themselves.

Argumentation ethics has been controversial since its introduction, but Roderick Long’s criticisms of it had gone unanswered. I remedied this state of affairs.

Rioters plagued Charlotte for three nights in response to a police shooting, which happened to involve a black officer and a black suspect. I wrote a list of observations on the event.

Congress voted to override President Obama’s veto of a bill that allows relatives of the victims of the 9/11 terrorist attacks to sue Saudi Arabia for any role in the plot. Though some libertarians argued against the bill, I celebrated it for chipping away at the anti-libertarian idea of sovereign immunity, giving victims of American foreign policy a peaceful means of addressing their grievances, and possibly revealing clandestine activities to the American people about which they have a need to know.

Having heard libertarians argue in favor of every presidential candidate except Hillary Clinton, I decided to give it a shot. Only a bootlegger’s case was possible, and it was rather grim.

The idea of market failure is a widely believed misconception which has found widespread use in statist propaganda for the purpose of justifying government intervention in the private sector. I gave the idea perhaps its most thorough debunking to date.

In the last quarter of the year, I began reading more books, which resulted in several book reviews. I can strongly recommend The Essential Guide to Freelance Writing and Our Sister Republics; The West Point History of the Civil War somewhat less so. Good Guys With Guns, on the other hand, is a disaster.

The month before the election presented several opportunities for rebuttals. Milo Yiannopoulos demonstrated both a misunderstanding of and an enmity toward libertarianism, and I rebutted his assertions, which gained a surprising amount of attention. Jeffrey Tucker tried to defend democracy as a superior alternative to monarchy or political violence, and I showed why this is misguided. Penn Jillette argued in favor of vote swapping, and I argued against it.

Finally, the 2016 election came and went, which presented many observations to be made.

Black Friday is revered by most libertarians as a celebration of free-market capitalism. I updated my explanation of why this reverence is somewhat misplaced.

Finally, Otto Warmbier spent all of 2016 detained in North Korea. I made the unpopular case that he should be left there.

All in all, it was an interesting year full of occasions to make sharp libertarian arguments. May 2017 bring more of the same. Happy New Year!

Book Review: Good Guys With Guns

Good Guys With Guns is a book about concealed firearms and their effects by sociologist Angela Stroud. The book discusses the rise in concealed carry permits, the way armed citizens interpret their environments, and the role of gender, race, class, and culture in firearm ownership through a series of interviews conducted by Stroud.

The interviews illuminate many interesting aspects of firearm ownership which are not adequately discussed elsewhere, and Stroud makes a genuine effort to understand people who disagree with her. But she commits a multitude of errors which are common among leftists and sociologists, and seems to be unable to keep herself from doing so. A survey of these errors will be more edifying than a more typical book review, so let us explore where and how Stroud goes wrong.

In the opening chapter, Stroud claims that gun advocates ignore empirical data which show that women might be more harmed than guns than protected by them, but there is good reason to ignore such data.1 She describes security, family values, individual freedom, and the defense of vulnerable people from criminals as being inherently masculine values rather than healthy values for any person regardless of gender. Later in the chapter, she describes her research methods, detailing the number of interviews, the types of people interviewed, the length and location of the interviews. She concludes the chapter by describing her own views and how they were changed by her research activities.

The second chapter opens with Stroud describing her concealed handgun license (CHL) test experience and criticizing her instructor for calling out incompetence and foolishness in other people during the shooting part of the test. She then argues that gender roles are social constructs while showing little recognition of the biological and environmental realities upon which such constructs are built. This is a recurring error that she makes toward a variety of subjects throughout the book. On the subject of good guys and bad guys, she neglects to mention a third type of character (who might be called an antihero guy) who breaks the rules not to take pleasure in violence for violence’s sake, but due to desperation and/or rules which promote injustice. Like most of her supposed binaries, this is actually a sliding scale between two pure extremes. Her interviews with men reveal some expected results: firearm ownership and use provides a bonding experience for males; men who are vulnerable due to aging or lack of size feel more secure when armed; and men carry guns as part of their traditional role as family protector. But she dismisses the concerns of the men who feel vulnerable as “elaborate fantasies,” seems to have no concept of peace through mutually assured destruction, and presents the vulnerability of women without guns against men as a social construct rather than a frequent empirical fact. She claims that men who want guns to defend their families but are frequently away from home and men who believe it is their job to defend their families because they are physically stronger but want women to have guns as equalizers are in contradiction, but there is nothing contradictory about these positions. Later, she suggests that a response to being robbed is to let the robbers get away with what they want, which shows no understanding of how incentives work.

The third chapter is about Stroud’s interviews with women who carry guns. Again, the interviews reveal what we might expect: women are usually introduced to guns by men instead of other women or their own initiative; many women who carry firearms do so to reject the need for men to protect them; women do not have access to as many institutionalized opportunities to learn about guns as men do; carrying firearms can restore a sense of strength and confidence in women who have been victimized; women can gain a sense of pride from mastering what is thought of as a predominantly male activity; and women with children typically value their children’s lives above their own. Stroud claims that it is paradoxical for women to fear men and rely on them for protection, but this is only true if it is the same men in both cases. Her analysis of women’s vulnerability as a social construction is flawed because it relies too strongly on empiricism; while it is true that men are more likely to be the victims of violent crime, the average woman is more victimizable than the average man due to the difference in size and physical ability. Her claim that arguing against common female perceptions about guns amounts to reinforcing the patriarchal nature of gun culture is an example of kafkatrapping. She continually attributes to patriarchy what is actually the result of male disposability.

The fourth chapter discusses perceptions of good versus evil, and how race and class shape those perceptions. Stroud claims that crime is a social construction, but because crime is defined as violating the law, it follows that the law is also a social construction. This makes the idea of determining good guys versus bad guys with respect to their obedience of the law or lack thereof entirely subjective, making her analysis of people who carry firearms illegally highly questionable. Her discussion of the perception that young black men are viewed as criminals neglects to mention crime statistics which show that they are responsible for a disproportionate amount of violent crime. This is especially interesting given her claim in the next chapter that there is a lack of awareness of data on criminal victimization. Stroud contrasts those who respect a business owner’s right to refuse service to anyone with those who will not support a business that prohibits firearms on its premises, but these positions are mutually consistent as long as one does not violate a property owner’s wishes. She glosses over an instance in which a female demonstrates privilege vis-a-vis males. She speculates about what might have happened to a man who caused an incident if he had been black instead of white as though it were a foregone conclusion that the police would have fired on him rather than restrain themselves and assess the situation. As mentioned earlier, good versus evil is not a binary construct, but a sliding scale with various shades of gray. That said, the reason that women are almost never mentioned as bad guys is partly because men are responsible for a disproportionate amount of violent crime and partly due to the relative disposability of males.

The fifth chapter covers self-defense and personal responsibility, from protection against criminals all the way to doomsday prepping. Again, Stroud seems to have no sense of objective reality, instead referring to threat perception solely as a social construct. The belief that the outcasts of society are necessary to define its boundaries demonstrates an inability to step outside of binary thinking and look at how a society can define itself in terms of what it is for rather than only what it is against. Stroud discusses free markets as though they have existed, and is critical of the supposed result of them, in effect blaming capitalism instead of cronyism or communo-fascism. She claims that white perceptions of the high rate of homicides among blacks can only be viewed as a case of white racial apathy, but it may also be a case of whites expecting blacks to take responsibility for solving their own problems and fixing their own communities instead of expecting the state to do it for them, especially because the state has caused most of their problems. She seems incapable of understanding privilege as something that is earned and inequality as something that is both extant and just, though perhaps not at its current extent. Ultimately, she regards individualism not as an empirically observable fact, but as a fiction of whiteness. That those who have enough wherewithal and firepower to survive would be the only survivors in a complete breakdown of civilization is the result of any logically sound consideration of disasters, with the exact nature of who survives a particular scenario providing the definition of “enough” for that scenario.

The final chapter discusses the social implications of an armed citizenry. Stroud repeats the mistake of viewing the idea of a threatening other as a social construct rather than an empirical reality. She asks how it can be that gun violence is both so common that good people need guns for defense but so uncommon that restrictions on gun purchases are unjustified, without considering that the answer is that the restrictions which do exist have a terrible track record of stopping criminals. For some reason, she believes that criminals will obey gun control laws even though they disobey laws by definition.2 The idea that gun restrictions represent a slippery slope toward confiscation is not a baseless conspiracy theory; it is demonstrated by a multitude of cases. She speaks of the Trayvon Martin and George Zimmerman incident as though it was black versus white, but it was really black versus Latino. She confuses social responses with state responses, which need not be equivalent. We know how Adam Lanza gained access to guns; he killed his mother and took her guns, meaning that no gun control law that forbade him from owning guns would have worked against him. That government must play a role in creating stronger communities and keeping guns away from violent criminals is asserted without evidence and may therefore be dismissed without evidence. To say that we must refuse to become victims in a democratic society is to ignore the fact that democracy necessarily victimizes people. Finally, she speaks of structural social inequality that perpetuates injustice while seeking more government involvement without realizing that government is inherently a structure that causes social inequality between its agents and the citizenry and perpetuates injustice in favor of its agents against the citizenry.

While there are many insightful points made in the book, Stroud commits far too many fallacies along the way for the book to be enjoyable or read smoothly. What could have been an excellent work on an important topic is instead bogged down by postmodern discourse, social justice rhetoric, and shoddy reasoning.

Rating: 2/5

Footnotes:

  1. Empiricism cannot provide a sufficient explanation of a situation in which counterfactuals are important. This is because empirical methods only allow us to look at the choices which were made and the consequences thereof. Examining what would have happened had a different choice been made requires one to use rationalism instead. With regard to gun issues, this means that studies which suggest that being armed could make one more likely to be harmed must be taken with a grain of salt, as there is no way to know what would have happened to armed people in a counterfactual in which they were unarmed, and vice versa.
  2. Also note that the Supreme Court has ruled in Haynes v. United States (1968) that some gun control laws which are supposed to apply to criminals do not because this would violate their Fifth Amendment right not to self-incriminate.

Democracy, Violence, and Libertarian Social Order

In an October 20 article at FEE.org, Jeffrey Tucker discussed the media panic over Donald Trump’s potential refusal to accept the election results on November 8. His explanation of the reasons behind the horror displayed by the establishment is accurate, if incomplete. The powers that be sense that the public are waking up to the realization that the current system not only fails to serve them, but is designed to oppress them in order to benefit the ruling classes. Knowing from history what people are capable of when such sentiments become sufficiently common and bold, and knowing that the current system is ultimately unsustainable, the rulers and those well-connected to them seek to keep the system going a while longer so as to pass the ticking time bomb to someone else. Thus “the demand that all candidates join hands in a celebration of democracy” which is “nothing but performative piety.” Where Tucker goes wrong is in his defense of democracy versus the alternatives.

Democracy and Violence

Tucker’s next act is to explore why the talking heads made much use of the phrase “peaceful transition of power” in their commentary. He writes,

“Along with the spread of human rights in the late Middle Ages, the theory of government began to change. The king or head of state did not possess legitimacy as a result of divine right; instead, the legitimacy of rulers is derived from the support given to them by the people. It is the social usefulness, and not some mystical magic, that grants them power.”

In reality, neither of these are true, regardless of the former or current opinion of most people. In a universalizable ethical theory, the state cannot be legitimate by any means, as its agents invariably commit actions which are considered criminal for anyone else to commit. In practical terms, a government is legitimized by its ability and willingness to martially defeat challenges to its power.

Tucker continues,

“The end result of this way of thinking is, of course, democracy, which gradually came to dominate governmental transitions between the 16th and the 20th centuries. It was widely believed that the more democracy you had, the less civil war and violence would interrupt the development of civilization.”

This was the historical outcome, but it was not necessarily for the best. Though the transitions of power became more peaceful, the power itself grew far more destructive. This was partly due to the increased productivity brought about by capitalism, as a large bureaucratic state cannot survive upon the meager portions which were available in the Middle Ages. But democracy’s tendency to sanitize statism played a larger role, in that it makes crimes easier to commit and removes incentives for the people to limit government. To rob one’s neighbor directly, one must risk one’s life, liberty, and reputation in the community. To vote for a politician to hire a tax collector to rob one’s neighbor is a far less risky proposition. If a property owner kills a thief in the act, few would fault him. If he kills a tax collector, he will be almost universally condemned. If there is an unelected monarch and no path to the throne for the citizenry, then they know who wields power and that it is not and will not be them. They are therefore incentivized to seek restraints on the king’s power. But give them democracy, and each citizen can come to believe that they are the state and might wield its power. One is less likely to seek restraint of a power that one might get to use.

The Misesian case for democracy, which Tucker echoes, asserts that peace is a necessary condition for human progress. To believe this, one must ignore all of the inventions which were borne of necessity in wartime. The anthropological record shows that intelligence and innovation occur as a result of adversity, and humans experience no other adversity like that which comes from opposing humans. While it would be a broken window fallacy to ignore the progress which could have occurred without the destruction of warfare, it would also be fallacious to ignore the powerful incentive provided by the stark choice to either make technological progress or lose a war. Even if it were better for people to, in the words of Thomas Jefferson, “suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed,” one must remember that no revolution in that time period sought abolition of the state, but rather the replacement of one form of statism with another.

In that view of democracy, it was to limit government be allowing people to vote out rulers who attempt a power grab without subjecting the law or the type of regime itself to democracy. But this is a logical impossibility; one cannot vote for people to determine the nature of the state without voting on the nature of the state. When presented with a choice between a democratic response to peacefully “throw the bums out” and a revolutionary response to violently overthrow the system itself, people usually choose the former, and this knowledge has been weaponized by the ruling classes. They have discovered that all they need do is to make sure that one group of bums will invariably be replaced with another by controlling who gets to run for office, who gets campaign funding, who gets seriously covered and discussed by the press, who gets into highly publicized candidate debates, and so on. As Noam Chomsky observes,

“The smart way to keep people passive and obedient is to strictly limit the spectrum of acceptable opinion, but allow very lively debate within that spectrum—even encourage the more critical and dissident views. That gives people the sense that there’s free thinking going on, while all the time the presuppositions of the system are being reinforced by the limits put on the range of the debate.”

Democracy and Liberalism

The reason that classical liberalism and democracy went hand-in-hand is that the Enlightenment philosophers whose theories were brought into practice between the 16th and the 20th centuries were uniformly guilty of a contradiction. They started with what they claimed were self-evident truths (which were not, but that is another matter) which are incompatible with any form of statism. They then invented fallacious arguments using these premises to justify what is now called minarchism, or the belief in a state which only acts to enforce the universal ethics which are necessary for a free market. But rule of law, legal equality, private property, free association, peace, and justice cannot be provided by the state, as the state makes all of these logically impossible.

Over time, democracy has taken society further and further away from these ideals, and no other result should be expected. In a democracy, power is wielded by temporary caretakers who only own the usufruct of the country rather than the capital stock. Their incentive is not to take care of the country so as to leave a good inheritance to their descendants, but to loot and plunder while they can. Rather than accept donations from and grant favor to special interests that help the society, they are incentivized to do what is best for themselves at the expense of the citizens they are ostensibly representing. The citizens themselves are also subject to perverse incentives, as they can vote themselves handouts from the public treasury, conflicting their personal interest with that of the nation. They can also use state power to attack each other by using the ballot box to impose their criminal intent upon their fellow citizens without suffering the normal criminal penalties for engaging in such behavior oneself. The end result of subjecting everything to a vote is well described by Nick Land:

“[T]he politically awakened masses [are] a howling irrational mob, …the dynamics of democratization [are] fundamentally degenerative: systematically consolidating and exacerbating private vices, resentments, and deficiencies until they reach the level of collective criminality and comprehensive social corruption. The democratic politician and the electorate are bound together by a circuit of reciprocal incitement, in which each side drives the other to ever more shameless extremities of hooting, prancing cannibalism, until the only alternative to shouting is being eaten.”

In fairness, Tucker does realize toward the end of his article that democracy in practice has not played out according to theory, although his reasoning is again incomplete:

“Democracy with a huge and entrenched permanent bureaucracy, a deep state that is impervious to election outcomes, a thicket of laws and regulations created by people long dead that still exist on the books, and spending commitments that do not change regardless of who is in charge, is not really providing peaceful transition at all. It becomes a veneer that the ruling class uses to entrench the status quo. In other words, the problem has less to do with the elected than the problem of the unelected. And this realization is a part of what fueled Trump’s rise and will continue to empower others like him in the future.”

Democracy and Revolution

While it is true that the historic alternative to democracy has been not liberty, but authoritarianism and violence, Tucker hastily generalizes by claiming that this must always be the case going forward. To the contrary, a thorough analysis shows that removal of state power in favor of a libertarian social order can only be accomplished through violent revolution followed by the continuous application of force to subdue common criminals, organized crime, warlords, terrorists, and foreign government agents. This is because all of the other methods that libertarians have proposed and tried to increase the amount of liberty in society fail to address the fundamental problems posed by the state apparatus, which are:

  1. The people who manage, run, and/or benefit from it have become accustomed to existing parasitically upon the productive members of society, and at least some of them will not stop doing so unless they are forced to stop.
  2. An institution based upon initiatory force will resort to force to counter attempts to remove and/or dismantle it.

Note also that if we are to discount revolution as a method of ending the state because it has yet to succeed, then we must discount peaceful methods even more so, as people have attempted many more acts of nonviolent resistance than revolutions. It is for these reasons that political violence is a necessary step toward the goal of the anti-political democracy of the market economy.

Conclusion

While Tucker’s analysis of the current situation is generally correct, his view of the prospects of democracy and peaceful change are far too optimistic and his understanding of the phenomena at work leaves something to be desired.

On Market Failure

The idea of market failure is a widely believed misconception which has found widespread use in statist propaganda for the purpose of justifying government intervention in the private sector. Though the term itself has only been in use since 1958, the concept can be traced back to Henry Sidgwick. It is used to describe a situation in which the allocation of goods and services is Pareto inefficient. This occurs when the rational self-interest of individuals is at odds with the optimal outcome for a collective. Such a situation is frequently blamed on conflicts of interest, factor immobility, information asymmetry, monopolies, negative externalities, public goods, and/or time-inconsistent preferences. Among these, monopolies, negative externalities, and public goods receive the most attention from mainstream economists.

But let us pause to consider what a market is. A market is a structure that allows buyers and sellers to exchange goods, services, and information. The participants in the market for a particular commodity consist of everyone who influences the price of that commodity. To say that a market has failed is to say that this process of assembling the information about a commodity which is reflected in its price and its change over time has failed. But the causes listed above are either inconsistent with a free market or unresolvable by interventions which bind the market. Let us explore this in detail.

Monopolies

While monopolies are frequently blamed for market failures, a monopoly in a particular market is typically the result of government intervention which has raised barriers to entry in that market. Through a vicious cycle of regulatory capture, larger businesses can put smaller competitors out of business by bribing politicians and regulators to favor the former and harm the latter. This continues until a market is effectively monopolized. Therefore, this type of monopoly is actually a government failure rather than a market failure.

Another type of monopoly can occur when there are natural barriers to entry, such as the need to build vast amounts of infrastructure in order to provide a good or service. This can give the first entrant into a market an insurmountable advantage. Consumers may then complain that this monopolist is abusing them rather than show gratitude that they are getting a service which was formerly nonexistent. But if the monopolist were really overcharging, then it would become feasible for another provider to either challenge the monopoly directly or provide an alternative service. This type of monopoly is actually a market signal that a particular good or service would be better provided by another means, and entrepreneurs should look for those means.

Third, a monopoly can arise in a free market if one business satisfies all consumers of a good or service to such an extent that no one cares to compete against them. This kind of monopoly is not a market failure, but an astonishing market success.

This leaves only the ‘public goods’ argument, which merits its own section.

Public Goods

Public goods and services are those whose consumption cannot be limited to paying customers. It is frequently argued that this produces waste in the form of unnecessary duplication and excess costs born by those who are not free riders. There is also the matter that non-excludable and rivalrous resources in a commons may be depleted without intervention. The latter can only be fully resolved by eliminating the commons, as restoring exclusive control to the resource is the only method of eliminating the perverse incentives created by a commons. The concerns over free riding and unnecessary duplication ignore incentives, prove too much, and commit the broken window fallacy.

If we wish to have a rational discussion, it is essential to define terms. A problem is an undesirable situation which can be remedied. This is because a situation which is not undesirable presents no problem to solve, and an undesirable situation which has no remedy is just a fact which must be tolerated. The free rider “problem” is a situation of the latter type, as it is impractical to make sure that everyone pays exactly what they should pay for the amount of public goods that they consume. That government monopolies destroy competition, and thus the market price system, makes the free rider “problem” impossible to solve, as the information needed to determine how much each person should pay for the amount of public goods that they consume is destroyed beyond repair.

If taken to its logical conclusion, the idea that no one should be able to consume more than or pay for less than their fair share of a public good means that the state should be eliminated, as the very presence of a state means that some people are consuming more than and paying for less than their fair share of the total wealth in the economy, as states are funded by coercive means which violate private property rights. Those who receive government welfare payments, bailouts, grants, or any other form of government funding are free riding upon the backs of taxpayers and anyone else who uses currency printed by a government’s central bank. The latter group of people are forced riders who are required to pay for public goods from which they receive insufficient benefit. Charity would also be unjustifiable if the concept of the free rider problem is taken to its logical conclusion, as those who receive charity are not paying the full cost for what they are using.

But suppose we ignore this as well. If we accept for the sake of argument that there are public goods and that no one should be able to consume more than or pay for less than their fair share of a public good, then the result will be a massive distortion of the economy, as both the state and private charity must go. While the demise of statism is nothing to lament, the absence of any form of private charity would lead to the very sort of Hobbesian war that statists fear and think that they are preventing. It must also be noted that the money for payments for public goods which are now being made was once being put toward another purpose. Whether that purpose was spending on other goods and services or investment (which is really just another form of spending), the diversion of spending away from these purposes and toward public goods will eliminate some other economic activities that were occurring.

Nearly all competitive production involves supposedly wasteful duplication, in that each provider must have the infrastructure necessary to produce that which is being provided. But if the duplication is truly wasteful, the market signals this by rendering the wasteful duplication unprofitable. Government intervention interferes with such signals, and government control over an industry completely eliminates them, leading to far worse government failures than any failure of the market.

Externalities

A problem related to public goods is the problem of externalities, in which costs or benefits affect a party who did not choose to incur those costs or benefits. When firms do not pay the full cost of production, each unit costs less to produce than it should, resulting in overproduction.

The most frequent examples given are pollution, traffic congestion, and overuse of natural resources, but all of these contain externalities because the market has been prevented by governments from internalizing the costs. Air and water pollution are externalities because government intervention on behalf of polluters has eliminated the common law system of private property rights with regard to pollution. Before the Industrial Revolution, pollution was correctly viewed as an act of aggression against people and their property. Those victimized could sue for damages and obtain injunctions against further pollution. Polluters and victims can also bargain to reach an optimal level of both production and pollution. Additionally, the victims would be justified in using violence in self-defense against polluters, though this is an historical rarity. But government monopolization of environmental regulation has prevented these market solutions from being implemented. Therefore, pollution is a government failure rather than a market failure.

Traffic congestion is another tragedy of the commons that causes externalities in the form of pollution, wasted fuel, and lost time. But this is another case in which governments have monopolized a good and produced it out of accordance with market demand. Without competing private firms to build different traffic systems in search of more efficient ones and without private property rights determining location and control over the transportation system, we are left with a non-excludable good that is incentivized toward overuse. Attempted solutions of congestion pricing, mass transit, and tolls mitigate some effects, but not to the extent that private service providers might implement such methods. Again, we have government failure at work.

A third example of externalities occurs with overuse of natural resources, such as fish and lumber. But once more, we see government intervention against private property mechanisms creating problems. Because state personnel in modern democracies do not personally benefit from maintaining the value of state-controlled property and work almost solely with the usufruct thereof, they are incentivized to engage in bribery and corruption. When states sell only the resource rights but not the territory itself, they get a renewable source of income. But firms that harvest renewable resources can abuse this system, stripping the resource bare then vanishing when it is time to replenish. These ‘fly-by-night’ lumber companies, fishers, and other such exploiters lead to the fast demise of resources which were harvested and preserved for centuries prior to state intervention. In short, government fails yet again.

Before moving on, a quick word about positive externalities is in order. This is another way of talking about the free rider problem, so the same criticisms discussed above apply. But we should also consider the benefits of free riders. Although some people will argue that free riders are responsible for higher costs, they are actually signaling that a good or service is overpriced. While degenerate freeloaders do exist, most free riders who are aware of their free riding are willing to pay for what they are receiving but believe that said goods or services are overpriced. In the state-enforced absence of another provider, they choose to “pirate” the public goods rather than pay the cost which they believe to be too expensive. If there are rational, knowledgeable people in charge of a public good that has many free riders, then they will respond by lowering the cost to convince more people to contribute, which can actually raise the total contribution.

The above result is rare, of course, as rational, knowledgeable people tend to be productive rather than become part of the state apparatus. The more useful role of free riders is to crash government programs which cannot be ended by normal political means. Most government programs help a few people by a large magnitude while harming a much larger number of people by a much smaller amount. This means that an irate and tireless minority will work to keep their sacred cow from being gored, while the majority is not being harmed enough to take action to end the harm. Thus, there is nothing more permanent than a temporary government program, and it is politically impossible to abolish entitlement and welfare programs. While the strategy of overloading such programs was first proposed by leftists who wished to replace them with far more expansive redistributions of wealth, it could also be used by libertarian-minded people who wish to replace such programs with nothing.

Other Culprits

The less-discussed causes of market failure are conflicts of interest, factor immobility, information asymmetry, and time-inconsistent preferences. This is mostly because government intervention is more widely known to either cause these problems or fail to solve them. Conflicts of interest typically occur when an agent has a self-interest which is at odds with the principal that the agent is supposed to serve. For example, a lawyer may advise his client to enter protracted legal proceedings not because it is best for the client, but because it will generate more income for the lawyer. A politician may vote for a law not because it is in the best interest of the people in her district, but because she was bribed by lobbyists who support the law. The only solution to a conflict of interest is to recuse oneself from the conflict, and government offers no answer, especially since it inherently operates on conflict of interest.

Factor immobility occurs when factors of production, such as land, capital, and labor, cannot easily move between one area of the economy and another. This sometimes occurs due to malinvestment caused by government distortions of the economy; in other cases, it results from technological advancement that puts an industry into obsolescence. In any event, government regulations frequently make it more difficult to change occupations and maneuver capital than it would be in a free market. Interventions to help workers in a declining field typically fall victim to the knowledge problem; it cannot accurately retrain workers or educate future workers because it cannot know what the economy will need by the time the retraining or education is complete.

Information asymmetry occurs when some parties in a transaction has more and/or better information than others. This creates a power disparity which is sometimes called a market failure in the worst cases. Common sub-types of information asymmetry include adverse selection and moral hazard. Adverse selection occurs when one party lacks information while negotiating a contract, while moral hazard involves a lack of information about performance or an inability to obtain appropriate relief for a breach of contract. These cases are made worse by government laws, as laws can lead to both adverse selection and moral hazard. For example, an insurance firm that is legally disallowed from discriminating against high-risk customers is itself put at a higher risk through no fault or will of its own, being unable to turn away those who cost the most to insure or cancel insurance policies for reckless behavior by the insured. Fortunately, there are market methods for resolving informational asymmetries, such as rating agencies.

Time-inconsistent preferences occur when people make decisions which are inconsistent with expected utility. For example, one might choose to have ten ounces of gold today rather than eleven ounces tomorrow. Time preferences are expressed economically through interest rates, in that interest rates are the premium placed upon having something now rather than waiting for it. Governments interfere with interest rates through central bank monetary policies, leading to alterations of time preference that can be inconsistent. This is still another example of government failure rather than market failure.

Resource Failure

Another possibility for market failure which is rarely discussed is that of resource failure. If an economy becomes dependent upon a certain non-renewable resource, that resource becomes scarce, and there is no viable alternative, the result can be devastating not only to markets, but to peoples’ lives as a whole. For example, if peak oil occurs and there is no alternative energy source available to meet the energy demands fulfilled by fossil fuels, a market failure will occur due to resource failure. Another historical example is the destruction of trees on Easter Island. Resource failure is generally not amenable to government policy, and may be exacerbated by it if subsidies alter the market to keep it from finding the best solution to a resource shortage.

Complainer Failure

The last type of failure is not a market failure at all, but a failure by a critic to understand the nature of the market. Consumer demand does not drive the economy; capital investment does. The over-reliance on gross domestic product (GDP) as a measure of economic output has fooled many people into believing otherwise, but GDP neglects intermediate production at the commodity, manufacturing, and wholesale stages of production. As such, consumer demand and spending are an effect of a healthy economy and not the cause.

With this in mind, the idea that the market has somehow failed when it does not produce everything that a particular person might want and deliver it exactly where they want it for a cost that the person finds agreeable is ridiculous. A person levying this criticism should be advised to check their hubris. If a certain good or service is not produced in a free market, it is because such production is not sufficiently worthwhile for anyone to make a living through doing so. The fact that everyone gets by without that good or service indicates that no failure has taken place. Those who desire that good or service so much should make an effort to provide it so that they can have it.

Standards

The entire idea of market failures is based on Pareto efficiency. But there is no reason why we must choose Pareto efficiency as the measure of market success. One could just as well define market efficiency as the degree to which it permits its participants to achieve their individual goals. (Note that these are equivalent if the conditions of the first welfare theorem are met.) Another possible standard is that of productive efficiency, which is optimized when no additional production can occur without increasing the amount of resources, time, and/or labor involved in production. An economy with maximum productive efficiency cannot produce more of one good without producing less of another good.

Conclusion

In every case, that which appears to be a market failure is actually a failure of government policy, natural resource management, or economic understanding. We may therefore reject the very idea of market failure as yet another form of statist propaganda.