Category Archives: Ethical Issues

Libertarians: Limited Government – or Abortion Bans?

The following is a guest post by Neera K. Badhwar, Professor Emeritus of the Department of Philosophy at the University of Oklahoma and a Senior Fellow in the PPE Program in the Department of Economics at George Mason University.

Libertarians want a limited government, a government that protects rights, enforces contracts, defends us against foreign enemies, and otherwise stays out of our affairs. The vast majority of libertarians support abortion rights on the grounds that the pregnant woman owns her body and has a right to decide how to use it. Some libertarians, however, support abortion bans because they believe that abortion violates the fetus’ right to life, a right they regard as being as strong as a child’s right to life. It is commonly held that both positions are consistent with libertarianism as a political theory.

I disagree. Whereas regarding abortion as morally wrong is consistent with support of a limited government, support for legal bans on abortion is not. For a fetus’ rights can’t be protected across the board without opening the door to a hugely invasive, almost unlimited-in-the-bedroom, government. The reasons for this have to do with the nature of pregnancy, the relation between the pregnant woman and the fetus, and the nature of the state.

One reason legal bans on abortion invite governmental invasiveness is that abortion is often indistinguishable from miscarriage. According to the NAPW, “fifteen to twenty percent of all pregnancies (or approximately 1 million a year in the U.S.) will end in a miscarriage or stillbirth”. A government that looks upon almost all abortions as a crime will tend to be vigilant about every pregnancy loss. Was it really a miscarriage – or was it an abortion?  Zealous prosecutors have criminally charged women who have had miscarriages on the mere suspicion of a self-induced abortion – even while Roe v. Wade was in force.Indeed, even in California, where the law explicitly holds that a woman can’t be charged with murder for loss of her pregnancy, prosecutors charged two women with murder after they had stillbirths that their doctors judged had been caused by drugs. (In one case, the prison sentence was overturned after the woman had served four years in prison, in the other case, it was dismissed

Another reason why an abortion ban invites greater government invasiveness is that, although every state allows an abortion when the mother’s life is in danger, not many such dangers are clear-cut. If a woman is hemorrhaging, and without an abortion sepsis will set in and kill her, an abortion is clearly justified. But what if the danger is not imminent, and it’s possible that the fetus will be expelled naturally? With the threat of prison looming over them, how many doctors will be willing to take the risk of performing an abortion? If the past is prologue, not many. When prosecutors started charging doctors who seemed to them to be over-prescribing pain medicines to their patients, scores of doctors stopped prescribing them.* The results were devastating: pain patients either lived in constant pain, or turned to the black market and bought drugs adulterated with heroin or fentanyl, a potent killer. (One pain patient recently killed his doctor for leaving him in constant pain, and then killed himself. We should expect many doctors to stop performing life-saving abortions when the danger to the mother is probable, or even certain, but not imminent, out of fear of prosecution. After Texas passed S.B.8 in September 2021, a woman with an ectopic pregnancy was turned away by her own doctor as well as by a hospital – even though an ectopic pregnancyis a death sentence for the fetus, and likewise for the woman if she can’t get an abortion in a timely fashion. 

In cases like these, we can blame the doctors for not doing their job, since the Texas law does allow an abortion in a medical emergency, and a pregnancy that will kill both the fetus and the mother is a medical emergency if anything is. But the medical emergency exemption does not cover pregnancies that are threatening to women with pulmonary hypertension, or certain heart conditions or other health problems. Pregnancies in these conditions pose an especially high risk for low-income, rural women who don’t have access to good doctors. 

Legally enforced abortion bans also open women – including women who are not pregnant but could become pregnant – to encroachments on their bodily autonomy. According to civil rights attorney, Cynthia Conti-Cook, “pregnant people’s decisions—to self-medicate, to not medicate, to seek substance abuse treatment, to drink alcohol, or smoke cigarettes—are all decisions that could be criminalized.” And thanks to digital technology, the state could easily surveil these behaviors. Prosecutors could also “subpoena women’s medical records and private social media files as part of criminal investigations into abortion providers”. Some politicians have even suggested keeping tabs on women’s menstruation cycles – and at least one official has already done so.

Anti-abortion libertarians could argue, rightly, that such invasions are not essential to state bans on abortion. But the point is that they are highly probable, if not inevitable, given the nature of the state, and a commitment to a limited state requires libertarians to refrain from providing the state with additional tools for abusing us. Libertarians of all people should be aware of the tendency of government to encroach on more and more of our lives, and to be more and more punitive

Some states currently exempt women who seek abortions from criminal penalties, but there is no guarantee that these protections will remain in place. There is a strong anti-abortion movement of “abortion abolitionists”pressuring legislators to eliminate such exemptions. And if the fetus is a person with rights equal to that of a child, then it stands to reason that the mother who kills it is a criminal, and must be treated as such. 

Again, just as a RICO violation “does not require intent, recklessness, willfulness, or even knowledge on the part of the accused,” a woman who does illegal drugs and has a stillborn child can be charged with homicide, even if she didn’t know that she was pregnant, or didn’t know that drugs could lead to a still birth. Of course, the elimination of mens rea is not inherent in an abortion ban, and no libertarian would support it. But Congress and state legislatures often pass laws without the requirement of mens rea, and libertarians who want to keep the state within bounds must take this feature of the state into account.

If the fetus has as strong a claim to life as a child, then the fact that the fetus resulted from rape or incest, or that it has severe anomalies, cannot justify an abortion. After all, a child born of rape or incest, or with severe anomalies, may not be killed. This leads to a further reason why abortion bans must expand the role of government in our lives. More babies with birth defects will be born, most parents will be unable to take care of them entirely on their own, and private charities will be limited in their ability to help. The obvious outcome is that the state will have to provide support for them. But no new or more extensive state program comes without higher taxes and a new and more meddlesome bureaucracy. 

For all these reasons, abortion bans open the door to an ever-more powerful state. Two of the three reasons I’ve given – the nature of pregnancy and the pregnant woman’s relation to a fetus – don’t apply to laws against homicide as ordinarily understood. The closest thing to a miscarriage in the case of homicide is an accidental death. But whereas a miscarriage often cannot be distinguished from an abortion, an accidental death can often be distinguished from a murder. Again, no one person has the unique relation to the victim of a homicide that a pregnant woman has to a fetus. So the possibility of homicide does not invite the kind of encroachments on our bodily integrity that abortion bans invite on women’s bodily integrity. The only thing comparable to them is the war on drugs. 

Libertarians can believe that abortion is morally wrong and try to persuade others of their position without contradicting their commitment to a limited government. But they cannot support a legal ban on abortion without doing so. They must choose between abortion bans and a limited government. 

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*The Supreme Court decision of June 27th, 2022, declaring that doctors who act in good faith can’t be prosecuted just because their actions fall “outside the usual course of [medical] treatment,” has finally freed doctors to follow their best clinical judgment, based on each patient’s specific circumstances.

Locke and Land Acknowledgements 

The following is a guest post by Kyle Swan, Professor of Philosophy and Director of Center for Practical and Professional Ethics at CSU Sacramento.


Stuart Reges is suing his employer, the University of Washington, for violating his First Amendment speech rights. The University initiated an investigation into whether Reges violated its anti-harassment policy for publishing a land acknowledgement statement on his course syllabus. His read, 

“I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington.” 

Reges is protesting the recommended acknowledgment circulated by the University. The protest is clearly protected speech. I hope Reges wins his suit decisively. 

But what about Reges’s statement? He appears to be serious. In a Quillette article he writes, 

“I am a Georgist, and according to the Georgist worldview, Native Americans have no special claim to any land, just like the rest of us. But since few are familiar with that economic ideology, I leaned instead on a principle described in John Locke’s Second Treatise on Government, now known as the labor theory of property or the ‘homestead principle.’ To the Georgist idea that land is owned in common by all living people, Locke added that by mixing one’s labor with the land, one encloses it from the shared property because people own the products of their labor. If, for example, you make the effort to grow corn on an acre of land, you come to own that acre of land, so long as there is still plenty of land left for others to use.” 

The labor theory Reges refers to is a theory of property acquisition. In its original state, the entire earth is given to us in common. Nobody owns stuff in the world. The question is, how can we remove things from the commons and make rightful claims to them that would allow us then to exclude others from using them? 

Locke provides some conditions. First, it has to be true that someone hasn’t already done that — the stuff has to not be already owned. Second, the person appropriating something from the commons has to do it in a way that improves it through their productive activity — gathering berries, hunting deer, growing vegetables, clearing trees — all kinds of activity counts. Finally, the way they do this has to leave enough and as good for others, so that no one would have reason to complain about the appropriation. 

Professor Reges’s acknowledgment is saying that Coastal Salish people weren’t ever in a position to claim ownership. They were never rightful owners. So when settlers came to the area in the late 1840s or whenever, he supposes these settlers were appropriating the land from the commons, rather than from a group of people. 

Professor Reges’s application of Locke’s theory is dubious. I’m a philosopher, not a historian, but it seems unlikely to me that there were no groups of native people engaged in productive activity in the relevant areas when settlers showed up. 

More importantly, though, if Reges is correct and there weren’t people there already with legitimate ownership claims, then the behavior of government authorities in the mid-19th C was very odd. Because what they were doing was negotiating treaties with the native peoples, including the Salish. Doing so suggests their recognition of legitimate claims made by these groups. Why were they making contracts to acquire land from these native peoples if they didn’t own the land? It seems incredible they would do this if they regarded the lands as unused, unoccupied, and unowned. So it looks like this was a transfer of land ownership rights, not an original appropriation of them. 

Now everything hangs on how these contracts were presented and executed. Were the negotiations above board? Were all the relevant people groups represented? Did they all sign? Were all the terms of the contract fulfilled? Again, I’m a philosopher, not a historian, but if not, if there were problems with the agreement, then there wasn’t a legitimate transfer of the Washington territories. 

If that’s right, then a different part of Locke’s theory applies, which you can find in a later chapter of the 2nd Treatise, Of Conquest. There Locke argues that an aggressor who “unjustly invades another man’s right can…never come to have a right over the conquered…. Should a robber break into my house, and with a dagger at my throat make me seal deeds to convey my estate to him, would this give him any title? Just such a title, by his sword, has an unjust conqueror, who forces me into submission. The injury and the crime is equal, whether committed by the wearer of a crown, or some petty villain. The title of the offender, and the number of his followers, make no difference in the offence, unless it be to aggravate it.” 

And so “the inhabitants of any country who are descended and derive a title to their estates from those who are subdued and had a government forced upon them against their free consents, retain a right to the possession of their ancestors….the first conqueror never having had a title to the land of that country, the people who are the descendants of, or claim under those who were forced to submit to the yoke of a government by constraint, have always a right to shake it off, and free themselves….If it be objected, This would cause endless trouble; I answer, no more than justice does.” 

Locke’s theory of acquisition has two parts. The first is a theory about how original appropriation would be legitimate. The answer has to do with labor and productive activity. But that part doesn’t seem to apply to this case, since it looks like the Salish already had an existing claim. The second part of the theory is about how acquisition by transfer would be legitimate. The answer here has to do with agreement, and everything depends on the quality of the agreement and how it was or wasn’t honored. But we see there’s more to the story. When there has been no agreement, no just transfer and only conquest, Locke says that people retain “the native right of their ancestors.” 

Locke has long been accused of providing intellectual and justificatory cover for the (mis)appropriation of Indigenous people’s land in America and around the world. But it seems like it’s been Locke’s views that have been misappropriated.

Libertarianism and Abortion

I offer this as a tentative foray into a discussion about abortion, obviously spurred by the recent SCOTUS decision, Dobbs v. Jackson.  I note that I have long been convinced that as brilliant as Judith Jarvis Thomson’s contribution to the debate was, it doesn’t actually solve anything. (For more on that, see the chapter Lauren Hall and I co-authored in The Routledge Companion to Libertarianism.)

Different libertarians define their political ideology in different ways.  (No surprise; different egalitarians do this, different socialists do this, different welfare liberals do this; in short, all political ideologies are multiply defined.  Presumably those adopting the same name have at least a family resemblance.)  

Some libertarians adopt the Non-Aggression Principle. Others adopt a view that indicates simply that individual liberty is the predominant value, never set aside to promote any other value. Others accept that natural rights are the foundation for the view. Others adopt some form of consequentialism. My own libertarianism is defined by commitment to the harm principle: no interference with an individual or consensual group is permissible except to rectify or prevent genuine significant harm.

What does this my form of libertarianism say about abortion? If the principle was only about harm to persons, abortion would presumably be clearly permissible since the fetus is not a person even though it is human. Of course, religious libertarians are likely to believe that all human life is sacred and that the intentional ending of such is necessarily wrongful. While I do not believe that, the harm principle in my view is not only about persons or humans. Genuine significant harm can occur to non-humans and merit interference, so whether or not the fetus is a person is not all that matters.

The question then is: is abortion a genuine significant harm? To clarify, I use the term “significant” to indicate that de minimis harms are not the sorts of things we interfere with (the cost of doing so may be a greater loss than the harm itself). I use the term “genuine” to indicate we are not discussing mere hurts or offenses, but hurts that wrongfully set back the interests of another (for more on this, see Feinberg or chapter 3 of my 2018). Once this is recognized, it should be clear that some abortions may well be genuine significant harms and some may not. Aborting an 8 month old fetus merely because one decided on the spur of the moment to take a world tour is, I think, wrongful. It would also be significant—ending the life of a human that could have been very good. On the other hand, aborting a 6 week old fetus because one was raped is unlikely to be wrongful and is at least plausibly less significant since at that stage spontaneous abortions are not uncommon.

Some will now likely object that what is wrongful is subjective. I basically think this is false—it is at least false if meant in anyway that is troubling for what I am saying here. People do not simply decide for themselves what is wrongful.   For more on this, see this BHL post and this one.

Assume I am right thus far: some abortions are genuinely and significantly harmful and some are not. What does that mean for law? On my view, answering this means first recognizing that law is a blunt instrument and as such has to wielded carefully. Perhaps making all abortions illegal after 8 months pregnant is reasonable. Making all abortions illegal is not. If a clear set of guidelines for wrongfulness can be decided upon, perhaps laws against abortions that are wrongful would be reasonable. I can’t here work out what such a list would include, but I do think a law against aborting 8 month old fetuses reasonable. Perhaps also a law against aborting a fetus on a whim (perhaps have a 5 day waiting period). Laws requiring parental (or spousal) consent might sound good but are likely to run up against significant objections, including the real possibility of rape and incest and unacceptable familial pressure. The final list will be difficult to determine and absent a final list, jurisdictions may adopt differing lists (as SCOTUS allows).

Importantly, the jurisdiction issue is more complicated than some recognize. Philosophers have long debated what would give a government legitimate jurisdiction over a group of people. I won’t be able to delve into that here, but will simply assert that I do not believe any of the US state governments is likely to have genuine legitimacy over all people within their borders. For that reason, it strikes me as perfectly acceptable for the federal government or other state governments to aid an abortion-seeker in a state wherein they are unable to get an abortion legally. (For one way this can work, see this interesting story.)

Employment, Coercion, and Voting

Sally works for a big corporation.  She works 9 to 5, with a half hour lunch, Monday through Friday.  She often brings work home with her and on Saturdays, she takes a class, hoping it will help her receive a promotion and raise.  On Sundays, she cleans her home and preps for the following week.  This is her schedule every week unless she manages to get a vacation day or two (or if she gets sick)—in which case, work backs up and her return is hard.

Sally does not like her job but there are no other jobs available that she would like.  She wishes she didn’t have to work. Some will say she only takes the job because of coercion. This would be “circumstance-based,” “background,” or “situational” coercion (for discussions, see chapter 7 of Scanlon or chapter 4 of Cohen-Almagor). In this sort of coercion, there is no individual person or clear corporate entity that does anything coercive. There is no one to blame for Sally’s situation and no one to interfere with to help Sally.

Some will insist that what is described is not coercive at all—that without a coercer, there cannot be coercion.  They might also insist that Sally consents to the the employment.  They might even say Sally consents to the social system within which she is employed.  Some of this is true—Sally does, I think, consent to her employment. What about the claim that there is no coercion?

Generally speaking, we think of coercion as one agent, P, acting to get a second agent, Q, to do some action, A, typically by threatening to do something Q does not want to happen (firing Q, harming Q’s relative, etc).  When P does this, it is reasonable to think P is responsible—or at least partly responsible—for Q’s (coerced) actions and that P is subject to justifiable interference.  In Sally’s case, there simply is no P acting to get Sally to keep working.  There are only the facts of the social, political, and economic world which jointly make it such that if Sally does not work, she will not be able to afford to live. The circumstances are what matters and circumstances aren’t agents that do things.

Does this mean it makes no sense to say Sally is coerced?  I’m skeptical.  Sally is not doing as she wants to do.  She acts counter-preferentially because of the way the social, political, and economic world she (and we) inhabit is set up.  While there is no particular agent to blame or interfere with, we can still think there is something unfortunate going on.  If you don’t want to call it coercion, call it shcoercion.  The important point is not one of conceptual analysis but of the morality of the situation.

Some think that the situation is not merely unfortunate but that it is so unjust we ought to change things in the political and economic order so that Sally (and the rest of us) would not be coerced (or shcoerced) by circumstances to work a particular job.  Marxists and others on the left might even say the situation is so unjust that we ought to have the government act to make it such that Sally would not have to work at all.  (See, for example, Van Parijs.)

While I would deny that the world should be set up in such a way that anyone can choose not to work at all if they prefer that, it seems clear that a situation where many people have to work at jobs they don’t like at all is at least unfortunate. (I’m also OK with saying it is coercive or shcoercive, but would note that not all coercion or shcoercion is bad).

A world in which most people work is good for all of us.  A world in which many have to work at jobs they don’t like is, obviously, less good than one in which all of us could work at jobs we like.  This is not a Marxist or socialist claim.  Indeed, I believe the most reasonable way to actualize such a situation—where all or most can work at jobs they like—is to move far more toward a free market (or freed market—see, for example, Carson) than we have.  I’ll keep further thoughts about that for a possible future post. 

In the meantime, here’s what really strikes me as odd: the same people that think they are unjustly coerced into working will often also say that voting in a democratic system—including a democratic system like ours—is indication of consent to the system.  This strikes me as completely incongruous with the view that they are coerced into working.  I didn’t have any part in making our democratic system and I deny that when I vote within that system, I am thereby consenting to it.  I vote, when I do, thinking “I wish we had a better system, but I want to vote now even though I am participating in what seems to me a clearly illegitimate system.”  No one asked for my consent to a two party system.  Or a system within which the majority can ruin the lives of a minority.  Perhaps this system is less coercive than the employment system—but if so, its because I can choose simply not to vote at all.  I’m not, that is, coerced into voting.  I am, though, coerced into voting in a bad system if I wish to vote at all.  Its not like I can go out and vote in a good system—that option is not possible for me.

If it’s true that others made impossible the option of Sally not working at all—or not working at all given the system we live in (I doubt it)—then the coercion there would be on par with the coercion that leaves me only able to vote in what seems to me an illegitimate system. It strikes me as more likely that it is circumstance-based coercion (or shcoercion) in both cases. In both cases, I think, there is no specific agent to blame or interfere with. In neither case does this mean we should rest comfortable with the social-political-economic order. If we ought to think of changing things for people like Sally, we ought to think of changing things for people like me. But many people seem to think Sally is treated unjustly and I am not. Why? That is, why do people believe that voting in a system they had no part in making constitutes consent to that system but working for an employer in a system they had no part in making does not?

Diagnosing the abortion debate

Reporting back in January 2017 showed that abortion rates have fallen to levels lower than any year since 1973, the year of the Roe v. Wade decision, and reflect about a 50% decrease in the rate from its peak in 1981. The study, conducted by the Guttmacher Institute, which supports abortion rights, cites as causal factors greater access to contraception as well as laws in many states that restrict abortion clinics or require ultrasounds. The controversial Texas bill is the most recent attempt by states to broaden restrictions by preventing abortions when “cardiac activity” can be detected. Of course, pro-life groups still ultimately want to see Roe overturned. This would mean that individual states would determine what legal restrictions, if any, would apply to people seeking and providing abortions.

Abortion rights and restrictions can pose a special challenge to a species of liberal views about when it’s permissible to interfere with a person’s liberty of action. Liberal views generally presume non-interference as a moral default and impose the burden of justification on those who would coercively restrict them. And, on some prominent liberal views, simply pointing to “the truth of the matter” won’t be sufficient to overcome this justificatory burden. On these liberal views, beliefs, values and commitments that don’t make sense to people, or for other reasons they can’t go along with, don’t satisfy the justificatory test. These “alien” restrictions would, from the point of view of these people, undermine their authority and agency. Coercion will sometimes (often!) be permissible, but only in virtue of considerations that make sense relative to their commitments.

Applying this to the long-standing abortion controversy, first, notice how easy things would be if it weren’t based on reasonable considerations. If it were flatly unreasonable to deny fetal personhood, then it would be much easier to justify laws restricting abortion. And if it were flatly unreasonable to ascribe personhood to fetuses, then there would perhaps be no accounting for such a law. But reasonable people disagree about fetal personhood. 

More: both parties to this disagreement reasonably believe that the other side is involved in imposing serious harms to the interests of others. This means that abortion law will lack authority for pro-choicers if pro-lifers have their way politically. It’s relatively obvious how this is so: most restrictions won’t make moral sense to pro-choicers. They say that the restrictions violate women’s privacy or bodily autonomy. But abortion law will also lack authority for pro-lifers when pro-choicers have their way politically. The reason is that, since pro-lifers reasonably believe that fetuses are persons with a right not to be killed, they think they have adequate justification for protecting them by imposing coercive measures that increase the costs of people killing them. In other words, pro-lifers have an intelligible rationale for rejecting laws that carve out space for people to kill other people. 

This situation, then, describes something like a moral state of nature between the two sides. We’ve failed to achieve coordination. Pro-choicers know that, even after engaging in careful and respectable reflection on the relevant moral and empirical evidence, pro-lifers won’t acknowledge the right of women to have an abortion. But this doesn’t mean that they just let pro-lifers violate women’s bodily autonomy. Pro-choicers are basically left with one option: to take up what P.F. Strawson called the objective attitude towards pro-lifers. They will see pro-lifers as a force to contend with, managed and kept at bay as best they can as they go about their affairs, but that’s different than exercising genuinely normative authority over them. 

Yet in the same way, pro-lifers know that abortion-seekers won’t acknowledge the personhood of fetuses, even after careful and respectable reflection on the relevant moral and empirical evidence. “Public reason” has run out for them, too. But this doesn’t mean that pro-lifers just let abortion providers kill children. Third-party protection is publicly justified. From the pro-life perspective, abortion seekers and providers are doing something similar to driving a car towards a person in the street they can’t see. They have reason to stop them or make them swerve. In other words, pro-lifers similarly must treat abortion-seekers as mere objects of social policy rather than people with whom they are interacting on genuinely moral terms.

The problem, then, isn’t that both sides are willing to impose their preferences, limiting the freedom of those who disagree, simply because they know they’re right. Rather, both sides are intent on protecting their freedom to protect themselves or important third-party interests. Both sides, from their respective points of view, are resisting subjugation. 

I’m at a loss to make moral headway here. Disagreement doesn’t always lead to this kind of social breakdown of reasoning and moral community. I can think of some other examples (meat eating?), but it’s relatively rare, which is a good thing. It also seems pretty isolated most of the time — thankfully, a disagreement and breakdown in this area hasn’t led to a more general breakdown of moral relations among people who are on opposite sides of the issue. Most people even have friends who disagree with them about abortion. 

In fact, I think this lends some credibility to the account of the abortion debate that I’ve offered here. It’s a case where we are forced to take the objective attitude towards our opponents because it turns out that they aren’t true moral subjects of the proposed requirements. Strawson’s participant reactive attitudes wouldn’t be appropriate since those things suggest serious culpability for violating something everyone is in on and knows better than to do.

Being Pro-Choice

I’m pro-choice. If a woman wants to have an abortion, I believe it is her choice to do so and no one ought to stand in her way. I oppose abortion laws. Similarly, I believe that if I want to take an antibiotic, it is my choice to do so and no one ought to stand in my way. I oppose prescription laws. And also similarly, if someone wants to inject themselves (or swallow) Ivermectin, it is their choice and no one ought to stand in their way. In each of these cases—and all others—I believe information should be provided so that the individual in question can make an educated decision about the action in question, but I believe that they should be allowed to act on their own decision.

I said that in the cases described *and all others* they should be allowed to act on their decision. That also applies, then, to doctors who do not wish to perform abortions and doctors who do not wish to *administer a patient ivermectin (or any other medicine). They ought to be able to act on their choices just as the patients in question ought to be able to. Yet, at least one judge in Ohio has thought it appropriate to require hospitals (admittedly, not specific doctors) to administer a medication they oppose using for a patient (see this). And, as I assume most readers, know, Texas now has a law in place that makes it much harder for doctors to perform abortions on patients who want it. To be clear: even if both patient and doctor agree that the abortion is the best course of action and are willing participants, the doctor is likely to face legal repercussions if the woman is more than 6 weeks pregnant and any private citizen decides to sue. (See this and this.)

What we have in both these cases is a situation where the freedom of some to live in a world where the actions of others are limited—e.g., to not give a patient a drug they oppose using or to help a woman have an abortion—is thought to outweigh the freedom of those others to live their lives as they see fit. The freedom—really, its just the preferences—legally outweigh those of others. To think this is a deep moral debate strikes me as misguided. Abortion is a rightly contentious issue and, in my view, its moral permissibility can only really be resolved by determining whether or not the fetus has a moral status on par with the mother’s. The people behind the Texas law—and those that would sue medical professionals because of it—do not seem interested in trying to discuss that question at all. They seem simply to want to impose their views on others. Those wanting people to be able to use Ivermectin in Butler County, Ohio, similarly seem simply to want to impose their view—or that of the patient—on medical professionals. In both sorts of cases, we have a pernicious form of moralism at play. (See this and this.)

I assume there will always be doctors unwilling to perform abortions. They should be free to act on their preferences. I assume—and hope—there will also always be doctors willing to perform abortions. They, too, should be able to act on their choices (when they have a patient that so chooses). A patient and a doctor coming to an informed agreement should not be interfered with. The same holds for a doctor willing to *administer a patient Ivermectin when the patient wants such. And a doctor unwilling to administer it. For that matter, the same is true (or so I believe) for a doctor and patient wishing to use a Mercitron on a patient that wants it. (See this). Unfortunately, this is not well accepted.

* 9/5, replaced “inject” or “injection,” fixing as needed to accommodate.

The Paradox of Community

Conceptually, community is distinct from neighborhood.  A community can be in a neighborhood, but it might instead consist of widespread people who share some commonality (the community of PPE scholars, for example).  A neighborhood, for its part, may merely be a place people live, not knowing those that also live there. 

Take communities to be groups of people bound together by traditions. Traditions are essential to community. They also vary by community. They might be matters of language, religion, commitment to country, behaviors, holidays, heritage, or any number of other things, some requiring more strict abidance by group norms, some requiring less. Traditions necessarily (but, importantly, not always problematically) hold us back, keep us limited—for the simple reason that people are committed to them. When people are committed to one way of doing things, they are resistant to changes to it. A commitment to car culture, for example, makes it less likely that a group would find (or even look for) an alternative means of transportation. (Or accept such if offered. Think of Segways—why aren’t these available for long distance use? or sealed from rain and cold?)

While traditions hold people back, they also provide a foundation for change.  From the security of being able to interact with others in accepted ways, one can develop new ways to do so—and new ways not to do so.  Because they have traditions, communities make it possible to innovate. Innovation, though, can cause the community to change or even disintegrate. Tradition and innovation are symbiotic even while they simultaneously threaten each other.  Call this the paradox of community (it’s at least a significant tension).

The paradox of community—the fact that a community’s traditions make innovation possible while simultaneously trying to prevent innovation (because innovation could bring the end of the tradition)—makes life in community … interesting.

Another fact about communities is that they either grow or die; stasis is illusory. Communities grow as their members change (some join, some exit, some change themselves), innovate, bring about changes to the traditions (adding some, altering others, ending still others). This is why the paradox is so important.

Some within a community can become so committed to a particular tradition(s) of the community that they work to slow the pace of the community’s growth in order to prevent the altering or ending of their favored tradition(s) or the inclusion of others.  They may do this by trying to encourage newcomers to learn and accept the existing traditions of the community or by actively working to create an environment whereby those seeking change are limited. If they succeed too much—preventing any change in the community’s traditions—they attain stagnation rather than stasis.  This is because absence of change in a community (as for an individual person or any animal) brings the end of the community.  It means no new members–and with no new members, it dies as it’s members die.  Change—innovation—is essential to community.

Of course, new people may attempt to join the community. When they do, they would bring their own histories, cultures, beliefs, and ideals. They could (and perhaps should) learn about the community’s ways of doing things. That is consistent with their bringing their own ways of doings (and their histories, cultures, beliefs, and ideals). It is consistent, that is, with change. But if those within the community seek to limit change, they may try instead to indoctrinate the newcomers into the community’s traditions so that they live as those in the community now live, rather than bringing anything different. Indoctrination thus treats newcomers as having nothing of their own to contribute, as if their histories, cultures, beliefs, and ideals have no place in the community. Newcomers would thus not be allowed to bring their ideas and preferences into the community’s traditions–those traditions would not be allowed to change. Such newcomers are, then, likely to exit the community. (Notice that this does not mean they physically move away or drop their official membership–remember, communities are not the same as neighborhoods (or associations)).

To build community, change must be permitted. This means that all in the community must listen to each other, open to hearing new things that might be incorporated into the web of community activity and the traditions that shape them. This does not mean jettisoning everything previously held dear, but it does mean being open to the possibility of doing so (likely not all at once). Long time members of the community can teach newer members how things were or are done, but that counts no more than what newer members bring to the table. Importantly, those whose ideas are rejected out of hand have no reason to participate in the community. Ignoring this–thinking that all learning here is in one direction–will simply give rise to factions, splintering what was a community, killing it while perhaps giving birth to new, smaller, communities as those factions continue to grow.

So, both tradition and innovation are essential to community. What this means, in part, is that while change is necessary, the pace of change may be too much for some people within a community, at least those committed to one or more of its traditions. Still change can’t be stopped; a successful attempt to stop it, kills the community. The question for those in a community is thus whether their favored tradition(s) and it’s (or their) history are more important than the community itself. To side with a tradition is to side with those no longer present; to side with community is to side with those currently constituting the community—including those who wish to see change.

Of course, those siding with a tradition may take that tradition to have independent value and thus to be worth protecting. They may take this to be a principled defense of preventing change in the community. It is not. The community from which a defended tradition stems, like all communities, must be able to change. (Again, stagnation means death.) Indeed, all surviving communities have what can reasonably be called traditions of change–ways that change takes place. So when defenders of one tradition seek to prevent change, they are pitting one part of the community and its traditions against another and claiming that one of the traditions should be defended at the cost of another—their favored tradition at the cost of the community’s tradition of change. That, though, is just a preference. One cannot just assume that one favored tradition is more valuable than another. After all, those seeking change may rightly claim to be defending a tradition of change within the community.

Putting the last point differently, those seeking change are defending the community as the community currently is and is growing with its current members and their preferences. Those seeking to prevent change, by contrast, are defending only part of the community—some specific tradition(s) they happen to prefer—and, by seeking stagnation, killing the community.

Lest I be thought too critical of defenders of particular traditions, I should note that I do not think there is a good principled reason for either protecting particular traditions or for changing or jettisoning them. In either case, on my view, further considerations are necessary. What we need to determine, on my view, is when interference is justifiably permitted–what principles of interference we ought to accept rather than simply what traditions we happen to prefer. (I discuss some such considerations here and in my 2014.)

Rainbow Capitalism

Suppose you have a beach house and a “friend,” Jane, who invites herself to use it all the time. I put “friend” in quotes because Jane does not actually value you as a friend; she values you only for your beach house. From July to May, Jane is hard to get in touch with. Every time you reach out to her, she comes up with transparent excuses about how busy she is. But during the month of June, Jane eagerly reaches out to you and ingratiates herself to you so that she can enjoy your beach house during her vacation month. When you eventually sell your beach house because of financial troubles, Jane predictably stops associating with you.

If you are anything like me, you will have a low opinion of someone like Jane. By someone like Jane, I mean someone who feigns intimacy with someone or some group of people to advance her own interests, without affording due consideration to the interests of the person or persons with whom she is feigning intimacy. Unfortunately, there are many Janes in the world. But not all Janes are individual people. Sometimes, they are corporations. 

LGBT+ Pride month is coming to a close, and so too are the annual discussions about “rainbow capitalism.” For those who are unfamiliar with the term, rainbow capitalism refers to how corporations pander to the LGBT+ community and its allies, especially during Pride month, by branding their products with Pride symbols such as rainbows. Some believe, for example, Target essentially does to LGBT+ people what Jane does to you in the scenario above: Target ingratiates itself to the LGBT+ community to profit from the sale of limited-edition merchandise, without ever substantively showing concern for LGBT+ people. Others, however, argue that rainbow capitalism, if not wholly good, is “a step in the right direction” because it normalizes LGBT+ representation in public. After all, just 15 years ago we would not have dreamed of the public embracing Pride the way it does today. 

In my view, both and neither of these positions is correct. If Target were doing to LGBT+ people what Jane does to you, then Target would be engaging in problematic rainbow capitalism. But this is not what Target is doing. To see this, let’s return to our example with Jane. Suppose that instead of valuing you for your beach house alone, Jane valued you for many reasons. She values your happiness and flourishing for your own sake among other things. Still, in addition to all of that, she also values being able to go to your beach house. When you sell your beach house, Jane is upset, but supports you and respects your decision. This is closer to what Target does when it engages in rainbow capitalism: Target employs LGBT+ people, has an LGBTQ+ diversity business council, published a Pride manifesto, and took a stand for transgender people when the transgender bathroom controversy was ablaze, in addition to branding merchandise with rainbows for profit during the month of June. To be a rainbow capitalist under these conditions seems to me genuinely benign. 

Now consider a different case. Some corporations have allegedly donated substantial sums of money to anti-LGBT+ organizations. It is not always clear what one means when they say that an organization is anti-LGBT+, though, so let’s stipulate that a hypothetical organization lobbies to abolish the legal recognition of same-sex marriage, and some multinational corporation funnels hundreds of millions of dollars to this organization. Then, during Pride month, the corporation slaps rainbows and “#LoveIsLove” on tees they sell to profit off of the LGBT+ community and its allies. This is clearly problematic, and worthy of criticism. Still, some will insist that the corporation participating in Pride by selling limited-edition merchandise is good on balance because it represents the strides we’ve taken toward including LGBT+ people in our society.

Social inclusion, of course, has value. Still, social inclusion for the right reasons has even greater value. It may be valuable for the awkward friend to be invited to an important party, even if the only reason he is invited is because he is friends with people cooler than he, who are also invited. But it would be of undoubtedly greater value to the awkward friend to be invited to that party because the party host likes him and wants him there. In my view, criticisms of rainbow capitalism are legitimate when they are aimed at getting corporations to treat LGBT+ people with dignity year-round, rather than showing indifference or hostility to the community until it benefits them enough to hypocritically proclaim their commitment to equality. This does not necessarily mean that we should boycott businesses that are transparently performative in allying themselves with the LGBT+ community, or that we should demand they stop selling flamboyant paraphernalia during Pride month. But it does mean that we can (and should!), in some way, hold corporations to account for failing to live up to an ideal of inclusion for the right reasons.

Thanks to Andrew J. Cohen for feedback on an earlier draft of this post.

By the way, Radical Classical Liberals turns 1 tomorrow! Honored to be a part of it. 

   

Recycling and Waste

I’ve met many people committed to recycling. I recycle. My recycling is based on my opposition to waste, which I take to be a “process wherein something useful becomes less useful and that produces less benefit than is lost” or “the result of such a process” (see my 2010, 256). I recycle, that is, to reduce lost value. If something can be made useful (again) without causing other loss, great. Recycling, though, does not necessarily reduce loss. Unfortunately, many act as if recycling is always and necessarily a worthy act. This post is meant to promote a more reasonable view, one attentive to costs and benefits.

Say you have a bicycle you no longer use and decide it shouldn’t take up your space anymore. You advertise it for sale for $50. You get multiple requests to see it, schedule them, and the first person to look at it buys it. Great. It’s out of your space. Why were you able to charge $50 for the bicycle? Because someone else had a use for it that was worth at least that $50 to them.

Now say you have an old beat-up tricycle taking up space. You advertise it for sale for $20. You get one request to see it, schedule that, but the visitor declines to buy it. Why were you unable to charge $20 for the tricycle? Because no one had a use for it that was worth at least that $20 to them. (Indeed, you probably would have taken less, but no one thought it worth any amount.)

Now let’s say that instead of a bicycle, it was a large bag of used metal cans. And instead of a tricycle, it was a large box of used batteries (or styrofoam or…). You get an offer for the former but not the latter. Why? Because the former can be used by a recycler in a way that profits them while the latter cannot. Someone looking at the batteries, might say “I’ll take them off your hands, but it will cost you $10.” What does that suggest? It suggests that it is possible to make use of the batteries—via recycling or otherwise—but not in a cost-effective way. It suggests, in fact, that making use of the batteries would cost $10.

What does it mean that it would cost $10 to recycle the batteries? That they would need to pay for something else—perhaps labor to take them apart, energy to melt (parts of) the batteries, chemicals to neutralize those in the batteries, or other such goods and services. Notice that using those things not only costs money, but may also negatively impact the environment. Perhaps the generation of energy used contributes to greenhouse gas emissions. Perhaps the chemicals used are bad for the environment or perhaps their use results in a byproduct that is. The labor, of course, could have been used in other ways—perhaps on work meant to reduce greenhouse gas emissions!* In short, that you must pay to recycle the batteries suggests that doing so may not be the best thing to do.

Lest anyone think I am secretly anti-recycling, I am not. I simply think we should be attentive to the costs and benefits. If the overall benefits of recycling something are higher than the costs, on my view, we should recycle it. I even admit that one of the possible benefits of recycling is the emotional satisfaction one gets from contributing to improving (or at least not damaging) the environment—but, of course, if that emotional satisfaction is due only to falsely believing one is helping, one should improve one’s beliefs. There are, after all, alternatives to recycling. Reuse is obviously better, for example. Reducing use is also often better (though, again, one ought to be reasonable: plastic bags, for example, make life far easier, so not using them at all, as some propose, seems costly). And, for better or worse, some things should probably just be put in a landfill.

Added: At the end of the day, it’s simply not clear to me why anyone would assume any particular industrial process would necessarily be good for the environment—and recycling is an industrial process.


*I am not an expert about recycling. If it turns out that there are cost effective ways to recycle batteries (or styrofoam or …), I would retract the objection to doing so. I take it that if there were, we would not have to pay more for doing so than for putting them in a landfill.

Thanks to Connor Kianpour for suggestions on an earlier draft of this post.

Against Busybody Moves to Limit Liberty


I grew up in a fairly densely populated but suburban area, primarily with single family homes and duplexes. Each home had a yard, perhaps 30 feet by 75, mostly fenced in. We knew all of our neighbors on the block—say a dozen homes on each side—and a few on surrounding blocks. Many moved there from more crowded, mostly urban areas. Some people had vegetable gardens in their back yards, most did not. (Almost) no one had farm animals. I am not sure if there were any laws prohibiting such. A neighbor on the next block over (but only 4 houses away from us), had chickens in their yard. Chickens! For some, this was scandalous. The idea that someone might keep live chickens in their yard in our neighborhood was just appalling to them. And they did their best to rid the neighborhood of this apparently appalling pox on mankind. I no longer recall if they succeeded—I don’t think they did, but I may be wrong.

To be honest, back then I didn’t think much about those chickens—or those adults seeking to get them out of the neighborhood. Lately, I find myself thinking a lot about such people and the immense variety of things they would prohibit. Of course, some things should be banned—involuntary slavery, for example. Unfortunately, though, the list of things for which there are advocates of prohibition is extremely lengthy. That list includes:

large sodas; alcohol; cigarettes; marijuana, cocaine, other currently illicit drugs; certain books and magazines; curse words and profanity; hateful speech; guns; chickens, pigs, and rabbits (in suburban or urban areas); tall grass; parking on an unpaved space, even on one’s own property; crossing the street against the light, even when no cars anywhere around; non-standard building structures; non-standard colors for homes; homes built less than 30 feet apart; homosexuality; non-monogamous intimate relationships; intimate relationships with more than 2 partners; picking up prescription medications for one’s spouse; working for a wage below some minimum (perhaps a legally enforced minimum, perhaps someone’s idea of a “liveable wage”); grants from corporate donors; and far more.

As noted, some things should be prohibited. Involuntary slavery, murder, and rape are obvious examples. None of the items on the list above are like those three. All three necessarily make use of unconsented-to force against another. (In language I use elsewhere, all necessarily involve the wrongful setting back of one or more person’s interests by another.) None of the other things I’ve named above do that. And yet, there people have proposed banning each. The arguments for banning them usually involve one or more of four rationales. There are, of course, sophisticated arguments for and against each of these; here I just point out a simple problem with each. The four rationales and a simple objection to each are:

(1) The items in question or their uses are bad for the user, reducing their level of well-being. BUT: It’s interesting that those making these claims—for example, that accepting a job for less than a “liveable” or legally minimum wage is bad for you and you thus shouldn’t be allowed to accept it–don’t seem to consider the possibility that they themselves likely do things that might be bad for them. For example, proponents of such bans might work long hours, drink too much alcohol, care too much about the prevailing zeitgeist, etc. Perhaps those things should be banned. More time with family, relaxing, communing with nature, etc, is likely better for you than working long hours after all. It’s not clear why it’s less reasonable to ban comparatively long hours than it is to ban comparatively low wages. Some people, after all, may be quite happy being productive at some task without making alot of money. Proponents of bans for paternalist based reasons seem generally incapable of imagining that other people might think something they like is bad for them. (I am not denying that there are objective standards of what is good or bad for someone; I am denying such claims justify limiting liberty, whether they are objective or not.)

(2) The items in question or their uses are somehow offensive to others. BUT: Again, it’s interesting that those making these claims—for example, that pornography is offensive and should thus be banned–don’t seem to consider the possibility that others might find something they like or do offensive. Indeed, some of us might find the attempt to ban pornography offensive. It’s not clear why it’s less reasonable to think banning pornography is offensive than permitting it. A ban, after all, might make people mistakenly think there is something wrong with nudity or sexuality, essential aspects of being a human person. Proponents of bans for offense based reasons seem generally incapable of imagining that other people might find something they like offensive. (Again, I am not denying that there are objective standards of offensiveness; I am denying such claims justify limiting liberty, whether they are objective or not.)

(3) Banning the items or their use is good for others not using them (even if the items or their use do not offend or harm those others). Robby’s carrying a gun puts others at risk; Jill’s doing meth in the house next door might lower their property value. BUT: It’s not clear how much risk is usually present in these sorts of cases or why someone else’s benefit justifies interference with Robby or Jill. Of course, if the risk of gun carrying is sufficiently high, banning it would really be about protecting others from harm, not merely benefitting them–and that, I agree, would be a good reason to prohibit something. But while reducing the risk of a harm is a benefit, the claim here is only about benefiting someone, not reducing the risk of a harm. If I gift you $1000, I benefit you, but not gifting you the $1000 is not harming you. Banning meth in my neighborhood may well benefit me in terms of raising my property values—something I am very happy to see happen. But does my preference for increased property values justify interfering with Jill’s use of meth? Would it justify punishing Sally for keeping her yard messy? Banning Sheila’s use of an old, falling apart car? All of those things—visible meth use, messy yards, and junker cars— would reduce property values in a neighborhood. And again, proponents of interference with some to benefit others don’t seem to recognize that there are lots of ways to interfere with them–the proponents of interference--to help others. Perhaps they could be forced to teach at a local school, pay higher taxes, clean up messy yards, help out at addiction clinics, fix up cars. (And again, I am not denying that there are objective standards of benefit; I am denying such claims justify limiting liberty, whether they are objective or not.)

(4) The items in question (or their uses) are themselves immoral. (I’ve written about this here before; e.g., see this, this, and this.) BUT: Arguments for such immorality are usually not forthcoming and of course, proponents of these claims of immorality never consider the possibility that their interference with the way other people choose to live their lives is itself immoral. It’s precisely, of course, the sort of problem solved in Loving v Virginia and Obergefell v. Hodges. Thankfully, we no longer abide by the wishes of those who would ban interracial or same sex marriage. The busybodies that wanted to interfere with such were defeated. If only we could defeat the rest of the busybodies wishing to interfere in the lives of their neighbors. Again, proponents of bans for morality based reasons seem generally incapable of imagining that other people might find something they like immoral. While some think a marriage of 3 or more people is immoral, others think that heteronormative marriage is immoral. While some think cocaine and meth use are immoral, some think alcohol use is immoral. Some of us think banning any of these is immoral. (And again, I am not denying that there are objective standards of morality; I am denying such claims are usually accompanied with good arguments about such, or that they would justify limiting liberty, whether they are objective or not.)

As suggested, I think the only good reason to ban something is that it is itself harmful or used to cause harm. But it’s not enough merely to assert that something (guns, alcohol, what have you) causes harm. We need—and often don’t get—clear evidence of the harms discussed and why/how they are necessarily connected to the items for which a ban is sought.

So why are attempts to prohibit things so frequent (and too often successful)? It seems clear enough that the proponents of bans that get attention are simply good at working other people into a frenzy to join their crusade, whether the crusade be for good or bad (though it’s always claimed to be for good). Such people, it seems to me, rather enjoy imposing their desires on others–either because they are not satisfied with the degree of control they have over their own life (perhaps it is not enough) or because they are not satisfied with having control only over their own life (perhaps its too much!). It is a desire for power over others rather than a desire for power to live ones life as one wishes that seems to drive these people. We might do well to figure out how to decrease the occurrence of such a desire. (Even if not prohibiting it!)