The COVID-19 Crisis, Collectivism, and Capitalism

The military, police, and medical professions often train for emergency situations.  (https://www.psychologytoday.com/us/blog/choke/201005/want-success-under-stress-close-the-gap-between-practice-and-competition)   First responders and military try to create a system of steps that are to be taken in situations that are not likely to occur on a daily basis. It’s widely recognized that high stress is going to make thinking harder, not easier. Success in an emergency situations depends on thinking ahead of time about what steps need to be taken, and then training before the emergency occurs.

I suspect emergency responders train because the human mind needs a set of guiding principles to deal with the overwhelming sensory information that is presented to it. A person often does not have the time to sit down and evaluate each situation individually and determine what the best course of action is. Action is called for, especially in an emergency.

Concepts are a means of categorizing sensory-perceptual data in a systematic manner to improve one’s chances of living a successful and happy life. (How We Know: Epistemology on An Objectivist Foundation”, Binswanger,2014, TOF Publications, pg. 135; see, also, “The Virtue of Selfishness: The Objectivist Ethics”, Rand,Man’s actions and survival require the guidance of conceptual values derived from conceptual knowledge.”)

A “principle” is a sort of aphorism or mental statement, made up of simpler concepts. It describes a particular cause-and-effect relationship one must implement to increase the chances of living. (How We Know: Epistemology on An Objectivist Foundation”, Binswanger,2014, TOF Publications, Pg 306.) For instance, a person might adopt the principle of: “When dealing with others, treat them fairly, and in a win-win manner.” This is a principle guiding how one deals with other people socially and in business. This principle of justice is a recognition that just as you want to live, so too, do most other people want to live. You must provide them with a benefit to keep them dealing with you. It is a recognition of a particular cause -giving positive incentives for other people- that will bring about a particular effect -the benefits of trade.  A boss pays his workers, the cause, in exchange for their labor, an effect, that he wants. A person listens to his friend describe his fantastic new job, and congratulates him, because he wants his friend to offer him positive reinforcement when something good happens in his own life. Husbands don’t cheat on their wives (the cause), because their wives agree to live with them and have sex only with them (the effect).

Problems can arise from the human mind’s need for principles to live in at least two way: (1) Some principles adopted by people are either false, or are false in a particular context; and (2) Not everyone agrees that the purpose of principles is to improve your life and well-being. Dogma is an example of “principles” that are aimed at some purpose other than living. (For instance, a religious instruction that tells people not to eat certain foods, not because of any health reasons, but simply because it is forbidden by some sort of supernatural authority.)

A feature of the human mind is a tendency to “fall to the level of your training” rather than “rise to the occasion” during a national emergency. People are going to tend to take whatever pre-existing ideas they may have about human nature, society, and the good life, and apply them. If they haven’t thought too deeply about the implications of these ideas, then there can be negative consequences.

Political systems and social systems tend to operate on a sort of “inertia”, in which our cultural institutions are based on long-standing ideas and traditions. As a result, our political systems may last longer than the ideas that created them. In the past hundred and fifty years, the ideas that created American culture and institutions have largely been discarded by academics and intellectuals in exchange for other notions. Our institutions and social mores have changed more slowly, because of “cultural inertia”. Our court systems, political institutions, and some social customs, are based in a better era. They exemplify the “pursuit of happiness” expounded by Enlightenment philosophers, like John Locke and Aristotle. Academics have long since rejected those ideas in favor of the collectivism of Marx and the duty of Kant. (See “Explaining Post Modernism: Skepticism and Socialism From Rousseau to Foucault”, Hicks, 2018)

I am not a historian, but what I think happens in a national emergency or social crisis is that the old institutions need adjustment to the current context, but since academics, lawyers, politicians, and other cultural elites don’t really understand or accept the ideas on which those old institutions were formed, they are unable to offer any sort of adjustment or modification of those institutions. All they have available in their conceptual “toolbox” are the newer ideas, which have never been fully implemented, due to the “cultural inertia” I discussed. As a result, during a social crisis, there is a strong possibility of a sudden overthrow of the old institutions in favor of contrary, newer ideas. The contradiction between the new ideas and the old institutions suddenly becomes unsustainable, and there is a quick shift.

The tendency of old institutions to be overthrown in favor of a new system, representing current ideas, during a crisis is not necessarily bad. It depends on what those newer ideas are, and what the new system consists of. It’s possible the new ideas are better than the ideas that formed the basis of the old regime. It is theorized by some historians that the Black Death in Europe, between 1348 and 1350, helped shatter the old Feudal order:

What’s often missing from this story, however, is the wider context and the lasting impact of the Black Death. This is a story not only of unfathomable tragedy, but also of transformation and rebirth. The plague, in combination with a host of other related and overlapping crises, delivered a death blow to Medieval Europe, ushering in a new age — the Renaissance and the rise of so-called agrarian capitalism — and ultimately setting the stage for the Industrial Revolution and the modern world.” (“The Black Death led to the demise of feudalism. Could this pandemic have a similar effect?”, Adam McBride, in April 26, 2020 ed. of “Salon”, emphasis added, online at:  https://www.salon.com/2020/04/26/the-black-death-led-to-the-demise-of-feudalism-could-this-pandemic-have-a-similar-effect/ )

(Note: I do not agree with the proposed political and policy solutions in the last several paragraphs of this article, but I do agree with the historical account of the Black Death as an immediate cause of the end of the Middle Ages.)

The reason the Black Death could be socially and politically transformative, giving rise to the Renaissance, is because there were underlying ideas that had been circulating in the European culture for some time. The Renaissance was a “rebirth” of Ancient Greek ideas:

The argument [amongst medieval scholastics] paralleled the classical one between Plato and the Sophists. Plato believed that Ideas (Forms) had a perfect and independent existence, while the Sophists thought that only particular things existed. In the Middle Ages, those who held that ‘universals’ were real were called ‘realists’; those who declared that they were just names (nomina) were called ‘nominalists’. The argument was (and is) of critical importance to one’s philosophical outlook. The extreme realists attached little importance to individual things and sought through sheer logic or divine revelation to approach the universals. The extreme nominalists, by contrast, perceived only discrete objects and refused to admit the existence of unifying relationships among the infinitude of particulars. The realists tended to ignore the observed world; the nominalists could scarcely comprehend it. Most schoolmen took a middle position on this question. Among the moderates, [Peter] Abelard…held that only particular things have an existence in and of themselves. The universals, however, are more than mere names. They exist as concepts in individual minds -keys to an understanding of the interrelatedness of things…By means of many such concepts, inferred from individual observations, we can make the world (to a degree) comprehensible, manageable, and predictable…Thomas Aquinas, the greatest of the scholastic philosophers, was a moderate realist…Following the lead of…Abelard…Aquinas set a high value on the faculty of reason. By this time the full impact of Aristotle and the new learning from the East had struck the schools and universities of Europe, and Christian dogmas were being challenged by pagan, Muslim, and Jewish logicians…Aquinas adopted Aristotelian logic and turned it to the defense of his faith….Both faith and reason, he argued, were created by God, and it is illogical to hold that God could contradict himself.” (“A Brief History of Western Man”,  3d Ed., Greer, Thomas, 1977 Harcourt Brace Jovanovich, Inc., Chapter 6: “The Flowering of Medieval Culture, Pg. 214-215)

Thomas Aquinas had brought Aristotelian thought back to Europe, in the sense of giving those ideas institutional respectability in the Catholic church. Most cultural and academic elites of that time were in the Church. By adopting Aristotle to fit with Church doctrine, at least for a while, Aquinas lay the groundwork for the Renaissance. He predated the Black Death, with published works between the 1240’s and the 1280’s. ( https://www.britannica.com/topic/Christianity/Aristotle-and-Aquinas )  A reemergence of the ideas of Aristotle took the focus of intellectuals away from a hard, “Platonic realism”, which focused on alleged revelations from another word. Aristotelianism moved European thinking towards greater observation of particulars in the world of our senses, which is essential to scientific and modern thinking.

This history of the Black Death, the reemergence of Aristotelianism in the late Middle Ages, and the Renaissance, suggests a theory concerning how historical change occurs: A crisis can accelerate what is already occurring in a society. Newer ideas that have been circulating in the culture for some time can quickly and drastically transform social and political institutions during a crisis. Those transformations can be for better or worse, depending on the underlying ideas driving the transformation.

###

COVID-19 is our current national crisis. People are approaching it with a lifetime of ideas they have gathered up and accepted, either expressly, or by default, because they didn’t examine the ideas around them too closely. What ideas have a significant segment of the American population accepted? What ideas have the majority of academics, journalists, lawyers, and politicians accepted? In a crisis, there is very little time to act. Immediate action is called for. Just like soldiers will “fall to the level of their training” rather than “rise to the occasion” in an emergency, so too will politicians fall to the level of their “training” from college. What did they learn at the universities? For the most part, their professors taught them to embrace collectivism, and to reject individual rights. This collectivism has taken the form of many slogans over the years, and now, the serpent’s egg is hatching.

I’ll start by defining some of my key terms:

(1) What are individual rights?

A ‘right’ is a moral principle defining and sanctioning a man’s freedom of action in a social context.” (The Virtue of Selfishness, “Man’s Rights”, Ayn Rand)

(2) What is the purpose of individual rights?

Rights are conditions of existence required by man’s nature for his proper survival. If man is to live on earth, it is right for him to use his mind, it is right to act on his own free judgment, it is right to work for his values and to keep the product of his work. If life on earth is his purpose, he has a right to live as a rational being: nature forbids him the irrational.” (Atlas Shrugged, Ayn Rand)

(3) What is collectivism?

Collectivism means the subjugation of the individual to a group—whether to a race, class or state does not matter. Collectivism holds that man must be chained to collective action and collective thought for the sake of what is called ‘the common good.’”  (Ayn Rand, “The Only Path to Tomorrow,” Reader’s Digest, Jan, 1944, 8., http://aynrandlexicon.com/lexicon/collectivism.html)

Our society and legal system are a combination of egoism and individual rights on the one hand and collectivism and “the common good” on the other. The former are older ideas that are based in the likes of Aristotle and John Locke, while the later are based in the ideas of Marx, Hegel, and other 18th Century philosophers. (See “Explaining Post Modernism: Skepticism and Socialism From Rousseau to Foucault”, Hicks, 2018; see, also, The Ominous Parallels, Leonard Peikoff.)

The expression: “The road to hell is paved with good intentions” is inaccurate. The road to hell is paved by what one considers to be the good, but is, in fact, the opposite. The road to hell is paved by collectivist intentions. Several commonly held collectivist ideas have resulted in what are logical, albeit unforeseen, consequences of the government’s reaction to the present COVID-19 epidemic. What are some of these collectivist ideas driving the current governmental response to COVID-19?

(1) The Collectivist Idea that “Healthcare Is A Right”

One of the first acts of many state governors in the face of the COVID-19 crisis was to force “non-essential” healthcare workers off the job. Counties and states banned “elective” medical care. https://www.kxan.com/news/texas/dallas-county-enacts-shelter-in-place-effective-sunday-night-to-combat-covid-19-pandemic/

Apparently, politicians thought of doctors and healthcare workers as having “fungible” skill-sets. If they banned “elective” procedures, then they believed this would leave more healthcare “resources” for others. However, just because a doctor can perform a rhinoplasty or a breast-enhancement surgery, doesn’t mean he has sufficient knowledge to treat a person suffering from a viral respiratory illness. A dermatologist can’t perform heart surgery:

“…thousands of health care workers across the nation who have been laid off, furloughed or are working reduced hours as their services are deemed nonessential…The workers range from dentists and general surgeons to medical assistants and nurses, from allergists and dermatologists to primary care physicians and pediatricians.” https://www.usatoday.com/story/news/health/2020/04/02/coronavirus-pandemic-jobs-us-health-care-workers-furloughed-laid-off/5102320002/

People were told by politicians not to be selfish, and forego “elective” medical procedures during the COVID-19 pandemic. Who decides what is an important health care matter and what is merely “elective”? When health care is viewed as a right, it’s not you and your doctor. The government owns your doctor’s life. (And your life.) Politicians and bureaucrats, viewing healthcare as a “right” are essentially saying:

“That spot on your arm? Probably nothing, probably not melanoma. That toothache? Probably nothing probably not a life-threatening tooth abscess. That debilitating knee pain? How selfish of you to want to be out of pain when there are people dying. You think you have a life-threatening peanut allergy, and need to see your allergist? Suck it up, and quit complaining, buttercup.”

What was the consequence of government forbidding “elective medicine”? Doctors and hospitals can no longer make a profit, which means, in the long run, they’ll go out of business and there will be less healthcare, not more:

Government-mandated cutbacks on elective procedures and routine check-ups have forced independent medical practices to temporarily close their doors. The loss of revenue may soon force some practices to furlough staff, and in the worst-case scenarios to go out of business, causing significant access-to-care disruptions once the pandemic subsides.”  https://triblive.com/opinion/dr-lawrence-john-covid-19-could-devastate-medical-practices/

Thinking of “health care as a right” has also led to a massive conflict between different groups in our society. One group doesn’t need to go out to work, either because they can work from home, or because they are wealthy enough to avoid work. Another group, needs to work, and cannot do so from home. Their jobs and businesses have been largely shut down due to local and state “stay at home orders”. This reflects the phenomena of “rights inflation”.

A collectivist tyranny dare not enslave a country by an outright confiscation of its values, material or moral. It has to be done by a process of internal corruption. Just as in the material realm the plundering of a country’s wealth is accomplished by inflating the currency—so today one may witness the process of inflation being applied to the realm of rights. The process entails such a growth of newly promulgated ‘rights’ that people do not notice the fact that the meaning of the concept is being reversed. Just as bad money drives out good money, so these ‘printing-press rights’ negate authentic rights….The ‘gimmick’ was the switch of the concept of rights from the political to the economic realm. The Democratic Party platform of 1960 summarizes the switch boldly and explicitly….The right to a useful and remunerative job…The right to adequate medical care and the opportunity to achieve and enjoy good health….If some men are entitled by right to the products of the work of others, it means that those others are deprived of rights and condemned to slave labor.” (Capitalism: The Unknown Ideal, “Man’s Rights”, Ayn Rand https://courses.aynrand.org/works/mans-rights/ , emphasis added.)

If “health care is a right”, then “health is a right” – and it will conflict with other people being able to earn a living with shelter in place orders. The wealthy, who don’t need to work, will tend to see “health as a right” that trumps the right to earn a living by people of lesser means. White-collar workers, who can work from home, will tend to focus on “the right to health”, while service industry people in the restaurant and “non-essential” retail businesses will want to leave home. Who do you think has more influence in Washington and the State Capitals? The wealthy/white collar types, or the poor and service-industry employees?

The retired elderly, who are more susceptible to COVID-19, will also tend to see “health as a right”, that overrides the need of younger adults to earn a living, and of children to obtain an education . Who do you think has more political influence in Washington and at the State and local level? The politicians know senior citizens vote, while the young do not.

Right now, the US has enough wealth that it can manage without people actually starving. Not so in other areas of the world. The lock-downs in Africa are causing people to go without food:

Four weeks into a 35-day lockdown poor communities are facing food shortages as incomes for mostly informal workers have dried up.”

https://news.yahoo.com/violence-looting-point-food-crisis-africa-lockdown-112929125.html

The wealthy of Africa don’t care. They have plenty of food, so they will choose to reduce their health risk, and they’ll impose that choice on the poor.

Years of thinking of “health care as a right”, without considering the context of who is to pay for it and who is to provide it, has resulted in the present conflict between those who can afford the lock-down (the elderly, the wealthy, and white collar workers), and those who cannot afford it (the young, service industry workers, and the working poor.) “Rights inflation” has destroyed real, individual rights to life, liberty, and property. It has lead to “pressure group warfare” in the legislature and government as different interest groups try to ensure their group’s interests are advanced at the expense of other groups. (What I call a “cold civil war”.)

In reality, there is no “right to health care” or “right to food”. There is a right to take the actions necessary to maintain your life, while leaving others free to do the same, by not using physical force against them to deprive them of their values. All law must hold this principle as its touchstone. You have a right not to be robbed. You have a right not to be murdered. You don’t have a right to get together a big enough gang of lobbyists in Washington DC or at the Dallas County Commissioners Court, and then “legally rob” other people through taxes and regulations -or force them to remain in their house and off their job.

(2) The Collectivist Idea of “Prophylactic”, or “Preventative” Law.

“Preventative law”, or “prophylactic rules”, is not aimed at prohibiting the violation of individual rights. It is law aimed at preventing certain actions that could potentially lead to the violation of individual rights. It arises because legislators do not fully understand or comprehend what the purpose of government and law is in the first place: To allow men to live their lives in a social environment, free from the initiation of physical force.

“Gun control” laws are an example of preventative law the left loves. The left wants to stop people who might kill with a gun by banning them for everyone. But, if government officials are entitled to initiate physical force against those who merely choose to own a gun, then there is nothing, in principle to stop them from initiating physical force against anyone deemed a “potential threat”.

Another example are most “environmental regulations”. These laws prohibit certain economic activity not because someone has actually been injured by another person’s pollution coming onto their property, but merely because a business *might* injure someone with its activities.

Another, more relevant, example with regard to the current COVID-19 crisis would be a curfew law. Such a law is enacted to prevent all persons from going outside after a certain hour, because there is a small number of criminals who commit armed robbery at night. This was the example provided by Ayn Rand on a discussion of the concept of law, recorded in the 1960’s. (http://aynrandlexicon.com/ayn-rand-works/objective-law.html. -Starting at about 14 minutes in, Miss Rand discusses this issue for preventative law, and gives the example of curfew laws. She says a small number of people might engage in “night hold ups”, what we’d call a mugging today, but she did not believe it is justification for holding the best in society to the level of the worst in society.)

Preventative law is very common in the laws regulating businesses, and has been for about a hundred years now:

“…’protective’ legislation falls in the category of preventive law. Businessmen are being subjected to governmental coercion prior to the commission of any crime. In a free economy, the government may step in only when a fraud has been perpetrated, or a demonstrable damage has been done to a consumer; in such cases the only protection required is that of criminal law.” (Capitalism: The Unknown Ideal, “The Assault on Integrity” Alan Greenspan.)

The effect of preventative law is to make it difficult to maintain your life. Second Amendment advocates will say something like “when guns are outlawed, only the outlaws have guns”. This is said, in part, because “gun control” makes it impossible to legally use a gun for self-defense. A law-abiding person is being held to the level of a criminal when it comes to “gun control”, even though there is no evidence he would commit a crime with a gun.  In the case of the COVID-19 emergency, those who want to earn a living are being legally prevented from doing so, even though there is no evidence they are sick.

Similar to “gun control” laws and “environmental laws”, with COVID-19, the left wants to stop the vast majority of people from living their lives, with zero due process, and zero evidence that they are sick or contagious.

(3) The Collectivists Hold a “Platonic Guardian” View of Science, and a Distrust of the “Common Man”

The father of collectivism in Western Civilization is Plato. He divides his collectivist “Republic” into three classes: the producers, the auxiliaries, and the guardians:

“The guardians are responsible for ruling the city. They are chosen from among the ranks of the auxiliaries, and are also known as philosopher-kings.”  https://www.sparknotes.com/philosophy/republic/characters/

Today’s leftists view themselves as our society’s philosopher-kings. Their attitude is: “Don’t bother explaining the science to the people. Don’t try to obtain voluntary consent. The people are too stupid to understand. Force is necessary. Force is the only method that is efficacious.”

The hallmark of collectivists is their deep-rooted distrust of freedom and of the free-market processes; but it is their advocacy of so-called ‘consumer protection’ that exposes the nature of their basic premises with particular clarity. By preferring force and fear to incentive and reward as a means of human motivation, they confess their view of man as a mindless brute functioning on the range of the moment…” (Capitalism: The Unknown Ideal, “The Assault on Integrity” Ayn Rand.)

This attitude of the elite philosopher-king who will rule over the rest of us is seen in a common argument amongst environmentalist politicians, which is something along the lines of: “97% of scientist agree that human beings are causing average global temperatures to go up.”  https://www.forbes.com/sites/uhenergy/2016/12/14/fact-checking-the-97-consensus-on-anthropogenic-climate-change/#45e4f5b71157

This is not an argument based in evidence or logical argument. It’s a sort of “argument from authority’” (At one time, the majority of authorities thought the Earth was the center of the universe.) What matters is the evidence, which can be communicated to anyone with a normal brain. If there is evidence, then show the evidence. Don’t just belittle people and tell them there is a scientific consensus, but they’re too stupid to understand the science.  (This argument is probably being used because most of the reporters and politicians who think average global temperatures are going up due to human activity don’t understand the science themselves.)

If you went to the doctor’s office, and he said: “You need immediate surgery, but I’m not going to tell you where or why -just trust my authority as a doctor,” you’d likely want more of an explanation. To the philosopher-king left, no such explanation is necessary or useful during the present COVID-19 crisis. Just obey them because they know better. These decisions are often being made by state governors and mayors, using ill-defined “natural disaster statutes”, with little or no input from legislatures or courts. The actions of California Governor Gavin Newsom, Dallas County Judge Clay Jenkins, and Michigan Governor Gretchen Whitmer reflect the two-thousand-year-old ideas of Plato. Our “Philosopher-king” governors and mayors will rule over us, the “unwashed masses”. We’re too stupid to make our own decisions.

In Ayn Rand’s novel Atlas Shrugged, a major character is a government scientist who sets himself up as a sort of “philosopher-king”, who wants state funded science because he thinks the people are too stupid to make their own decisions, or to understand science. This is the story of Dr. Robert Stadler. He was a brilliant scientist, disgusted by the profit motive and the need to earn a living. He viewed science as something that should be pursued, not to serve human life, but as a “pure intellectual pursuit”. For Dr. Stadler, “reason” wasn’t “man’s means of survival”. It was a sort of Platonic “end in itself”.

Prior to the start of the novel’s main plot line, Dr. Stadler had used his reputation as a scientist to obtain governmental funding for a “State Science Institute”, so that he could pursue “science without a profit motive”. In the end, all that the “State Science Institute” produced was a weapon of mass destruction aimed at the subjugation of the American population. (A fictional version of the atomic bomb.)

The last scene involving Dr. Stadler is him physically wrestling for control of the weapon with Cuffy Meigs, a “two-bit” “mafia type”, who has risen to power in the corrupt government of a dystopian near-future America. Cuffy Meigs has no respect for science or reason. His only interest is gaining power through the use of physical force, and he’s better at it than Dr. Stadler.  I think what Rand was trying to say here is: Beware all you men of science who think the masses are too stupid to understand your ideas, so you want to substitute force for voluntary persuasion. If you try to set yourself up as a philosopher-king who rules by the use of force, you’ll ultimately loose to the criminal thugs of the world, who are better at violence than you’ll ever be. The criminals who will come to power will care little for science or reason.

If reason is discarded in favor of force, then the winner won’t be the person with the most logical argument. It’ll be the person with the biggest gun, and who is most willing to use it.  The most brutal will come to power, not the men of reason. It’s the thugs like Stalin and Mao Zedong who will be in the political driver’s seat, not a Newton or Galileo.

When individual rights are outlawed, only the criminals will have guns.

###

If it’s collectivism that is driving current governmental policy when it comes to COVID-19, someone might ask what is my alternative? It’s fine and good to talk about individual rights, but how would a more capitalist society, committed to the respect of rights to life, liberty, and property, deal with the problem of a pandemic? This is a fair question.

Part of the problem is the average American has a difficult time even imagining what a truly capitalist society would look like. They make assumptions that are collectivist, often just by “default” because “that’s just how it is done” in their minds. Non-academic Americans value individualism and the egoistic “right to pursue happiness”, but they cannot always translate that into practice when it comes to our legal system and institutions. This is not a failing of the American people at large. It’s a failure of intellectuals, college professors, newspaper reporters, economists, lawyers, and politicians to present and explain such ideas. The majority of the intellectual elites are hostile towards individualism, and don’t believe people should pursue their own happiness. “Selfishness” is a dirty word for most of the elites in our society.

How would a government under capitalism deal with a viral pandemic? 1

I want to briefly address another set of ideas circulating in our society. These ideas tend to fall under the term “conservatism”, although, like “liberalism”, that is a poorly-defined term. “Conservatism” tends to reject collectivism, but one strand of that school of thought wants to replace it with religion and faith. In other words, it wants to replace the Enlightenment ideas of John Locke and Isaac Newton with those of the early Middle Ages. The early Middle Ages, the Dark Ages, were characterized by the fall of the Roman Empire, ignorance, the destruction of trade, reduced standard of living, “…frequent warfare and a virtual disappearance of urban life.” https://www.britannica.com/event/Dark-Ages

Today, cultures dominated by religious faith are mostly found in the Muslim world. Religious theocracies like Iran are characterized by violence and the violation of individual rights in order to prepare people for the afterlife. It’s beyond the scope of what I’m writing here, but,  I’ve read a compelling argument for the possibility that a large crisis like the COVID-19 pandemic could lead to a rejection of modernism in favor of some version of religion. It would probably take the form of a Christian theocracy in Europe and North America. In other words, it’s possible that religious faith, which still exists to some greater or lesser degree in the minds of Western men, could come to the surface, especially if Westerners widely viewed science and modernism as having failed them during a major crisis. (I refer the reader to “The DIM Hypothesis” by Leonard Peikoff for more on that.) This would largely be the fault of academics and philosophers as well, since they’ve spent the last hundred and fifty years attacking reason. (See “Explaining Post Modernism: Skepticism and Socialism From Rousseau to Foucault”, Hicks, 2018; see, also, The Ominous Parallels, Leonard Peikoff.)

(1) Privatized Cities

First, it must be understood that cities would be private under capitalism. Every square inch of a city would be owned by some particular person, or group of people. There would be no “public property” at all. Force is not used to fund a private city, and all standards of behavior and business safety are established by voluntary contract. (With contracts being enforced by the court system.)

Even today, there already are “quasi-private” cities to some degree.  You see this, at least partially, with “planned communities”. A developer will build an entire city grid with streets, neighborhoods, schools, parks, and business districts. Then, anyone who wants to move there, must agree to the conditions of the developer. There is a preexisting agreement not to build a commercial warehouse right next to a neighborhood with families in it. Bars are located in one section of the town, while schools and families are in another, etc. An example of an almost entirely private city may be Celebration, Florida, which was created from scratch by the Walt Disney Corporation.

Major cities are seeing the worst of the COVID-19 pandemic. In the United States, New York, New Orleans, and San Francisco have been hit hard. These are all “port” cities, with a large flow of people and goods into, and out of the country. Additionally, they are “high density” populations, so the virus can easily spread once it comes into one of these cities.

People living in high-density, high-immigration cities like New York, are, in a sense, imposing the likelihood of pandemic on the rest of the nation. It’s an example of what economists call a “negative externality”.  People who might become sick due to risky behavior, but are asymptomatic carriers, are wanting to move about and earn a living. When some of them become sick, they then infect other people, who develop more serious symptoms or even die. The people who get sick, but are asymptomatic, are unwittingly imposing the cost of their more-risky behavior on those who do not want the risk:

The spread of COVID-19 is a great example of an externality, which is an economic term for a cost or benefit incurred or received by a third party. The best example of a negative externality is air pollution, such as when a factory emits air pollution that imposes a cost on neighbors.” https://www.cato.org/blog/less-costly-ways-reduce-harm-covid-19-without-travel-immigration-bans

Negative externalities arise because private property rights in a particular sphere are non-existent, or not well-defined. The solution is to define private property rights, and distribute “public property” to private owners. (Through a public auction, or through some sort of distribution to taxpayers.)

The details of how you take an existing city and “privatize” it would take an entire paper of its own, but in principle,  the existing residents of the city, who pay the local taxes, should all be given shares in a corporation that owns all of the previously-public infrastructure. These shareholders then have a right to elect a governing board of directors. Coerced local taxes would be replaced by “user fees”. Shareholders have to pay the user fees, and abide by the rules. The corporation would be free to charge fees for the use of its facilities, such as the roads. The city could also impose health and safety rules as a contractual condition of living there. For instance, a local business would need to abide by health and safety rules in order to have access to the roads in the city. The business would be free not to abide by these rules, but they’d be limited to flying their customers in by helicopter, or some other means that doesn’t involve the use of the roads. Since most businesses couldn’t carry on without access to the roads, they’d all abide by the health and safety rules, or they’d shut down and move somewhere else. Those who don’t like the rules, can move to another city. Competition would then occur between cities to attract residents and customers by offering the best “package” of services, such as roads, utilities, and reasonable health and safety rules, at the lowest cost.

If there are only private cities, then pandemics could be more easily fought. The owners of private city infrastructure have a profit incentive to ensure that pandemics do not spread. Say there are three private cities, and one of them, City A, has a pandemic. Cities B and C can refuse entry from people from City A until the pandemic is over. In other words, instead of the government having to impose a lockdown on City A, all of the other cities will, effectively, “socially distance” at the city-wide level.

There would also only be private highways, and the owners of the private highways could set standards of health for who can travel on them. They would want to protect their customers, so it is even less likely that people from City A would be allowed to travel to City B while the pandemic in City A is going on.

This is a much more “granulated” and precise approach to preventing the spread of disease than at the border of a country, which causes unnecessary disruptions of trade and the flow of healthy people.

(2) Freedom of Immigration Can Increase Healthcare “Resources”

With the exception of short quarantines and refusing entry to terrorists at war with the United States, more immigration would reduce the chances of a viral pandemic spreading and overwhelming the healthcare industry. An example of this could be seen with the fires in Australia in 2019. During that emergency, firemen from around the world traveled to Australia to help put out the conflagration:

Firefighters from across the US have been helping since early December. On Saturday, a group of 20 will deploy and will be followed by another group of 80 on Monday, bringing the total to 175 American firefighters on the ground in Australia.

Canada, and New Zealand are also part of a mutual aid system, helping Australia in its firefighting efforts.https://www.msn.com/en-us/weather/topstories/more-us-firefighters-heading-to-help-australia-fight-wildfires/ar-BBYBhzS

COVID-19 didn’t spontaneously arise all over the world at one time. It started in a specific city in China. It spread from there to the rest of the world, then it spread to nearby countries like South Korea, Hong Kong, and Taiwan.  (With air travel causing it to spread further, faster.)

If COVID-19 had been revealed sooner, it might have been possible to stop it before it started with doctors and healthcare workers coming into the area to treat patients, similar to what firefighters did in Australia. The spread of COVID-19, however, was moved along by the suppression of information by the Chinese government, which does not respect individual rights, like freedom of the press or freedom of movement.

(3) “Socially Distance” Ourselves From Authoritarian and Totalitarian Nations

The existence of “bad actors” like China makes a viral epidemic more likely to spread to freeer, more capitalistic countries like the United States and Western Europe. The suppression of individual rights in countries like China would have to be addressed by specific foreign policy actions of a fully capitalist nation. Open warfare with nations like China may not always be possible, perhaps because they possess nuclear weapons, making it too risky, or simply because it is not in the national interest of the capitalist nation to go to war with them, in terms of cost and lives lost.

How would a capitalist republic deal with bad actors like China, short of open war? By not dealing with them, and encouraging, but not forcing, their citizens not to deal with them.

A capitalist nation would recognize that it is, in a sense, at war with all totalitarian states, even if no shots are being fired. A free society and a totalitarian state are not compatible. Short of open warfare, which might not be feasible, here are some alternative solutions:

a. Economic boycott – Private citizens within the capitalist nation can be urged to voluntarily sign contracts stating that they will not have business dealings with totalitarian states, and the contracts only become enforceable in a court of law when a sufficient number of people have signed the contract. For instance, there could be a contract which would say: “I agree, upon 75% of the rest of US Citizens signing this contract, to boycott all Chinese companies, and have no business dealings with them for X number of years.” People would then be shown the many atrocities committed by nations like China, and persuaded, using reason and evidence, that dealing with such a country is not in their long-term interests.

b. No Enforcement of Contracts with Chinese Businesses and Nationals – United States Courts would have their jurisdiction to enforce contracts with companies or persons from totalitarian states withdrawn by Congress. (This might take a Constitutional Amendment.) If a US business takes delivery of goods from China, and doesn’t pay, the Chinese business has no recourse in US courts. If a Chinese company wants its money before delivering goods, and then that Chinese company doesn’t deliver the goods, a US court wouldn’t have jurisdiction to enforce the contract. Trade with China would be reduced to Chinese nationals bringing goods to the US for cash exchange. This would eliminate a lot of trade between the US and authoritarian and totalitarian nations, because neither side in a trade could rely on the enforcement of contracts.

c. Higher Voluntary Taxes on Businesses Engaged in Trade With China – This gets into how government would be funded under Capitalism. There are several alternatives. Most of them revolve around paying some sort of fee for government services. For instance, in order to have one’s contract enforced in a court, it would be necessary to pay a certain percentage of the value of the contract ahead of time. A contract for the sale of $100 of goods might have a 5% contract enforcement fee, in which $5 must be paid to the government as “insurance” against breach. In recognition of the fact that any US person doing business with Chinese companies and nationals is helping to prop up that regime, the government could impose a higher contract enforcement fee. The higher fee would cover the cost of increased military spending that is necessary to keep the United States safe. So, a person who does business with Chinese nationals, in any given year, might pay a 15% contract enforcement fee, rather than the usual 5%, on all of his contracts with other US citizens in the next year. In that way, US citizens would be highly discouraged from having business dealings with Chinese nationals at all.

Much higher voluntary taxes on Americans doing business with China are justified because they are making America less safe. They are imposing a cost on the rest of us, which can rightfully be recouped, to pay for extra military protection. The companies doing business with China should pay for the “negative externality” they are imposing on other Americans with their risky behavior. They’re free to do so, but not free to impose the cost on the rest of us.

Other laws relating to viral pandemics under capitalism are also possible. Some may even be better than the ones I have proposed here. The point is to show that a free society is not less “efficient” than an authoritarian one at dealing with the problem. The opposite is true. The principle of individual rights won’t guarantee man’s survival, but totalitarianism will make it impossible.

 

 

Book Review of “Explaining Postmodernism”, by Stephen R.C. Hicks

This is the best non-fiction book I’ve read in a decade. I highly recommend it. The over-all value of the book lies in tracing the origins of what I find to be a common tactic when debating a leftist. You present them with arguments, facts, and logic, and, at the end, they will say something like:

Well this is all just your white male prejudice,”; “that’s only logic, come down to reality,”; “those are just your definitions, and all definitions are ultimately arbitrary”; or, even, “I don’t feel that you’re right, and why is your logic better than my feelings?

Hicks has provided an explanation, lying in the history of philosophy, for why so many people seem to consider such responses to a logical argument to be persuasive. That explanation lies, mostly, in the ideas of dead, white, male philosophers who lived two-hundred years ago. Those notions have slowly “trickled down” to the masses, and infect the majority of people’s minds today -especially any college student with a “gender studies” or “black studies” degree.

The author expressly states his theme in his table of contents:

Thesis: The failure of epistemology made postmodernism possible, and the failure of socialism made postmodernism necessary.” (Table of Contents, Pg. i.)

Did I find this, in fact, to be his theme based on my reading of the book? Overall, I’d say, yes. I’ll start with Hicks’ definition of “postmodernism”:

Postmodernism rejects the entire Enlightenment project. It holds that the modernist premises of the Enlightenment were untenable from the beginning…” (Pg 14)

Postmodernism reject the Enlightenment project in the most fundamental way possible -by attacking its essential philosophical themes. Postmodernism rejects the reason and the individualism that the entire Enlightenment would depend upon.” (Pg. 14)

His definition of “postmodern” is basically a “negative definition”. He defines it as an attack on the Enlightenment. What does he think the Enlightenment stood for?

In philosophy, modernism’s essentials are located in the formative figures of Francis Bacon…Rene Descartes…, for their influence upon epistemology, and more comprehensively in John Locke…for his influence upon all aspects of philosophy.” (Pg. 7)

 “Bacon, Descartes ,and Locke are modern because of their philosophical naturalism, their profound confidence in reason, and especially in the case of Locke, their individualism. Modern thinkers stress that perception and reason are the human means of knowing nature -in contrast to the pre-modern reliance upon tradition, faith, and mysticism. Modern thinkers stress human autonomy and the human capacity for forming one’s character -in contrast to the pre-modern emphasis upon dependence and original sin. Modern thinkers emphasize the individual…“ (Pg. 7)

To sum up, Hicks sees three “types” of philosophical attitudes in the Western World:

The “Pre-modern”, as exemplified by the Christian Medieval, and, probably, the Ancient Greek worlds;

the “modern” attitude, which started around the time of Francis Bacon; and

the “postmodern”, whose origins he goes on to explain later in the book.

What was the “failure of epistemology” he says “made postmodernism possible”?  He doesn’t spend too much time explaining what “epistemology” is. He clearly is familiar with, and sympathetic to, Ayn Rand’s philosophy of Objectivism. I assume he generally agrees with what she said in “Introduction to Objectivist Epistemology”. I also think he is assuming people reading his book will already have some general understanding of the subject of philosophy and its basic questions. But, early on, he defines what he views as the “Enlightenment epistemology”, which is:

If one emphasizes that reason is the faculty of understanding nature, then that epistemology systematically applied yields science. Enlightenment thinkers laid the foundations of all the major branches of science. In mathematics, Isaac Newton….developed the calculus….Linnaeus…a comprehensive biological taxonomy…Lavoisier…the foundations of chemistry.” (Pg. 9)

Hicks says there were:

“…philosophical weaknesses…” that had “….emerged clearly by the middle of the eighteenth century, in the skepticism of David Hume’s empiricism and the dead-end reached by traditional rationalism.” (Pg. 24)

But, he says that the real “counter-Enlightenment” started from 1780 to 1815 with a split between Anglo-American culture on the one hand and German culture on the other. (Pg. 24) In Germany:

Immanuel Kant is the most significant thinker of the Counter-Enlightenment.” (Pg. 27)

Kant’s priority was to defend religion from the Enlightenment:

I here therefore found it necessary to deny knowledge in order to make room for faith.” (See Second Preface to the Critique of Pure Reason, Immanuel Kant.)

How did Kant “deny knowledge in order to make room for faith”, according to Hicks?

The fundamental question of reason is its relationship to reality. Is reason capable of knowing reality -or is it not? Is our rational faculty a cognitive function, taking its material from reality…or is it not? This is the question that divides philosophers into pro- and anti- reason camps…the question that divides the rational gnostics and the skeptics, and this was Kant’s question in his Critique of Pure Reason.” (Pg. 28)

Kant was crystal clear about his answer. Reality -real, noumenal reality- is forever closed off to reason, and reason is limited to awareness and understanding of its own subjective products….Limited to knowledge of phenomena that it has itself constructed according to its own design, reason cannot know anything outside itself.” (Pg. 29)

In this way, reason was, according to Kant, limited to the “phenomenal realm”, while the “noumenal realm”, the realm of religion, was off limits to reason. (Pg. 29)

Since Kant posited his epistemic system to save religion, how did it come to be used by a bunch of largely, “irreligious”, if not atheistic, post-modern intellectuals? The rest of Chapter Two of Hick’s book lays out the “evolution” of Kant’s way of thinking by subsequent German philosophers, especially Hegel, Nietzsche, and Kierkegaard. He sums these subsequent, pre-twentieth-century philosophers at the end of Chapter 2 in this way:

The legacy of the irrationalists for the twentieth century included four key themes:

1. An agreement with Kant that reason is impotent to know reality;

2. an agreement with Hegel that reality is deeply conflictual and/or absurd;

3. a conclusion that reason is therefore trumped by claims based on feeling, instinct, or leaps of faith; and

4. that the non-rational and the irrational yield deep truths about reality.” (Pg. 57)

In the Twentieth Century, Hicks sees this tradition as having been continued by most major philosophers such as Martin Heidegger, who “…agreed with Kierkegaard and Schopenhauer that by exploring his feelings -especially his dark and anguished feelings of dread and guilt- he could approach Being.” (Pg. 59)

According to Hicks:

Heidegger offered to his followers the following conclusions, all of which are accepted by the mainstream of postmodernism with slight modifications:

1. Conflict and contradiction are the deepest truths of realty;

2. Reason is subjective and impotent to reach truths about reality;

3. Reason’s elements -words and concepts- are obstacles that must be un-crusted, subjected to Destruktion, or otherwise unmasked;

4. Logical contradiction is neither a sign of failure nor of anything particularly significant at all;

5. Feelings, especially morbid feelings of anxiety and dread, are a deeper guide than reason;

6. The entire Western tradition of philosophy -whether Platonic, Aristotelian, Lockean, or Cartesian- based as it is on the law of non-contradiction and the subject/object distinction, is the enemy to overcome.” (Pg. 65-66)

Note that little has been said about the political views of post-modern intellectuals yet. Hicks observes that, in fact, most post-modern intellectuals are on the political left. (Pg. 84) Starting at Chapter 4, he addresses the connection between the epistemology and metaphysics advanced by German philosophers since Kant, and its political implications. The reason for the modern socialist’s rejection of reason lies in the failure of socialism in theory and in practice:

As modernists, the [early] socialists argued that socialism could be proved by evidence and rational analysis, and that once the evidence was in, socialism’s moral and economic superiority to capitalism would be clear to anyone with an open mind.” (Pg. 86)

Free market economists, such as Ludwig von Mises, Milton Freedman, and Friedrich Hayek, have largely won the debate when it comes to the theoretical case for capitalism over socialism. (Pg. 87) The moral/political debate is more “up for grabs”, but, even here:

“…the leading thesis is that some form of [classical] liberalism in the broadest sense is essential to protecting civil rights and civil society…” (Pg. 87)

By the 21st Century the:

“…empirical evidence has been much harder on socialism. Economically, in practice the capitalist nations are increasingly productive and prosperous…every socialist experiment has ended in dismal economic failure…Morally and politically…every liberal capitalist country has a solid record of being humane, for by and large respecting rights and freedoms, and for making it possible for people to put together fruitful and meaningful lives. Socialist practice has time and time again proved itself more brutal than the worst dictatorships in history prior to the twentieth century.” (Pg. 87-88)

The success of the capitalist world and the failure of the socialist nations created a “crisis of faith” for those on the left. As Hicks notes:

This is a moment of truth for anyone who has experienced the agony of a deeply cherished hypothesis run aground on the rocks of reality. What do you do? Do you abandon your theory and go with the facts -or do you try to find a way to maintain your belief in your theory?” (Pg. 89)

Hicks believes the modern left’s abandonment of reality and reason in favor of “post-modern thinking” is their effort to “have their cake and eat it too”:

Here then, is my second hypothesis about post-modernism: Postmodernism is the academic far Left’s epistemological strategy for responding to the crisis caused by the failures of socialism in theory and in practice.” (Pg. 89)

Hicks notes that just as religious thinkers faced a “crisis of faith” during the Enlightenment, in which it was widely recognized that there was no way to prove the existence of god on “naturalistic” and rational grounds, so to, by the 1950’s and 1960’s, there was no way for socialists to use naturalistic and rational grounds to justify socialism. It had failed in theory and in practice, and, with revelations about the brutality of the Soviet Union, it had very little moral standing left. (Pg. 89-90) If they wanted to hold onto socialism, they had to reject reason and reality:

Postmodernism is born of the marriage of Left politics and skeptical epistemology….Confronted by harsh evidence and ruthless logic, the far left had a reply: That is only logic and evidence; logic and evidence are subjective, you cannot really prove anything; feelings are deeper than logic; and our feelings say socialism.” (Pg. 90)

The rest of Chapter Four describes the evolution of modern anti-individualist thought, starting with Rousseau and moving on to Hegel and Marx.

Chapter 6 discusses Marxism in historical context. Hicks notes that classical Marxism believes socialism would arise in the more advanced capitalist countries, like England and the United States, first. In actual practice, it arose in semi-feudalistic countries like Russia, Eastern Europe, and China. As such, Twentieth Century Marxists, like Lenin, had to modify their thinking to rationalize the need for a violent and brutal aristocracy to bring about socialism. (Pg. 138 to 141)

By the 1950’s and 1960’s the failure of socialism to arise “spontaneously”, as predicted by Marx, resulted in several different strategies to be tried by socialists. Some subtly changed their ethical standards from “need to equality”, which could include the inequalities experienced by small businesses versus big businesses (pg. 151), or the inequality supposedly present between the races. (Pg. 152)

Other mid-twentieth-century Marxists said wealth was bad anyway, giving rise to the environmentalist movement. (Pg. 153).

A third group of Marxists turned to violence in an effort to move the proletarian revolution along in the First World. (Pg. 165-170) As Hicks notes, several international terrorist groups with ties to Marxist thought, including the Weathermen in the US, and the Palestine Liberation Organization in the Middle East, arose in the early 1960’s.

What does Hicks consider to be the motives of the 21st Century postmodern left? He notes that postmodernist thinking contains a whole host of contradictions:

On the one hand, all truth is relative; on the other hand, postmodernism tells it like it really is.” (Pg. 184)

On the one hand, all cultures are equally deserving of respect; on the other, Western culture is uniquely destructive and bad.” (Pg. 184)

Values are subjective -but sexism and racism are really evil.” (Pg. 184)

Tolerance is good and dominance is bad -but when postmodernists come to power, political correctness follows.” (Pg. 184)

There is a “…contradiction between the relativism and the absolutist politics…” of postmodernism. (Pg. 185)

Hicks sees three possible explanations for this seeming contradiction:

1. Postmodernists are “relativists” primarily and their absolutist leftwing politics are “secondary”. He rules out this possibility because, otherwise, there would be more “conservative” postmodernists, but they are all uniformly left-wing. (Pg. 185-186)

2. The use of postmodernism is a “Machiavellian” strategy to undermine their political enemies. (Pg. 186) When they loose an argument, they will respond with: “Of course you, a white, male, heterosexual, would say that. But we cannot know anything about ‘things in themselves’, so reason is limited.”

3. Postmodernism is ultimately a nihilistic world-view, so the contradiction doesn’t matter to a postmodernist:

The final option is not to resolve the tension. Contradiction is a psychological form of destruction, but contradictions sometimes do not matter psychologically to those who live them, because for them ultimately nothing matters. Nihilism is close to the surface in the postmodern intellectual movement in a historically unprecedented way.” (Pg. 191-192)

The biggest flaw of the book I see may lie in the author’s treatment and evaluation of Marxism, which I think he gives more credit than it deserves. At several points, he seems to suggest that Marxism is more “pro-reason” than I think it ever was, even in its original “classical” format, as  propounded by Karl Marx himself. Hicks makes an assertion about Marxist socialism that probably isn’t correct at page 86:

As modernists, the socialists argued that socialism could be proved by evidence and rational analysis, and that once the evidence was in, socialism’s moral and economic superiority to capitalism would be clear…” (Pg. 86, emphasis added.)

He implies that he is including Marxists in the above description of “socialists”, and not just the non-Marxist socialists of the 19th Century, since he goes on to discuss the claims of “Classical Marxist socialism” on the same page. Also, later, he says:

Beginning in the 1920’s and 1930’s there had been some early suggestions that Marxism was too rationalistic, too logical and deterministic…And early Frankfurt School theorizing had suggested that Marxism was too wedded to reason…” (Pg. 156 to 157, emphasis added.)

Hicks seems to say that Marxism, as originally conceived, is “pro-reason”, when I think it never was. Non-Marxists socialists, the so-called “utopian socialists”, would have been pro-reason, like Hicks said on page 86. The ideas of Marx probably won out over the “utopian socialists” precisely because Marx embraced the Hegelian dialectic, and didn’t depend on classical Aristotelian logic. Marxism is too “arbitrary”, or disconnected from reality, to really be disproved or proved. Any time someone tries to disprove it, a Marxist could just say that person was a “tool of the capitalist exploiters”, and, “of course”, the critic would say that:

Aware of the fact that communism cannot be defended by reason, the Marxists proceeded to turn the fallacy of ad hominem into a formal philosophic doctrine, claiming that logic varies with men’s economic class, and that objections to communist doctrine may be dismissed as expressions of ‘bourgeois logic.’ “ (Leonard Peikoff, “Nazi Politics,” The Objectivist, Feb. 1971, 12, found at: http://aynrandlexicon.com/lexicon/polylogism.html)

Overall, I consider this to be a minor flaw of the book, which deftly traces the “philosophic genealogy” of today’s “postmodern” left. It really helped me to understand the mind of the average leftist, and how she will dismiss reason and say, I’m engaging in a logic:  “…created by dead white men”. Now I see another reason why the average leftist, like some mindless automaton, will point out how I’m a white, male, “bourgeois”, heterosexual -its easier to say this than do any hard thinking about the merits of their political ideology.

(All page number references below are to the 2018, expanded hardcover edition of “Explaining Postmodernism: Skepticism and Socialism From Rousseau to Focault”, by Stephen R.C. Hicks, ISBN 978-0-9832584-0-7)

Barack Obama: Tribalist-In-Chief

In my previous blog entry, I described the “tribalistic mindset” and showed that it is the “anti-conceptual mindset”. I also opined that the possible reason for this uptick in discussion of the concept of “tribalism” was due to the election of Donald Trump. Commentators on the left seem to have seized on the idea to explain his rise, and also seem to be blaming Trump for what they see as more “tribalism” in our society and political system.

However, if we are going point fingers at politicians, then we need to take a look at Trump’s predecessor. The Obama administration fanned the forces of tribalism like no other President, and he severely damaged race-relations in the United States.

The intellectual groundwork of the Obama administration’s facilitation of tribalism lies in key aspects of the leftist ideology.

First, most leftists admire or tend to follow the ideas of Karl Marx. So, his ideas on the nature of the human mind, logic, and reason are important in understanding how leftist thinking tends to encourage the anti-conceptual, tribal mindset.

The Marxist epistemology is “polylogist”. (http://aynrandlexicon.com/lexicon/polylogism.html). He thought your class determines your consciousness. For Marx, what class you are born into determines your logic, which is unique and distinct from other classes. The proletarians have their method of thinking, the bourgeoisie have theirs, the aristocracy theirs, etc. For Marx, there could be no reasoning with those who control the factors of production, because they fundamentally don’t think like proletarians. Only violence could bring about socialism. You couldn’t reason with members of the bourgeoisie any more than you could reason with a species of lower animal. (See my previous blog post for more on this: https://deancook.net/2018/08/16/karl-marx-polylogism-and-utopian-socialism-how-fundamental-philosophy-drives-history/ )

Marxist polylogism is not very different from those who believe that your race determines your method of thinking, and that other races fundamentally cannot understand you. An example of racial polylogism can be seen in an article discussing how the author believes a policy of “colorblindness”, i.e. *not* treating people differently because of their race is morally bad:

Colorblindness creates a society that denies their negative racial experiences, rejects their cultural heritage, and invalidates their unique perspectives.” (https://www.psychologytoday.com/us/blog/culturally-speaking/201112/colorblind-ideology-is-form-racism)

Note how the author of this article focuses on “cultural heritage” (i.e., tribalism), and how black people have “unique perspectives…”, thereby giving the article a distinct whiff of racial polylogism. (But, that’s apparently okay when the author is black.)

Marxism appears to have either “set the seeds” for racial polylogism, or it has the same philosophic basis as racial polylogism.

According to Ayn Rand and Leonard Peikoff, the ideas of Marx were an outgrowth of the ideas of the philosophy of Hegel, who was in turn the intellectual progeny of Immanuel Kant. I haven’t studied Marx, Hegel, or Kant enough to know if this assertion is correct. (I take nothing on faith, even when Ayn Rand or Leonard Peikoff said it.) I note it here as a possible “lead” on the “philosophic roots” of the ideas of Marx and how those same ideas also led to racial polylogism:

There are two different kinds of subjectivism, distinguished by their answers to the question: whose consciousness creates reality? Kant rejected the older of these two, which was the view that each man’s feelings create a private universe for him. Instead, Kant ushered in the era of social subjectivism—the view that it is not the consciousness of individuals, but of groups, that creates reality. In Kant’s system, mankind as a whole is the decisive group; what creates the phenomenal world is not the idiosyncrasies of particular individuals, but the mental structure common to all men.

Later philosophers accepted Kant’s fundamental approach, but carried it a step further. If, many claimed, the mind’s structure is a brute given, which cannot be explained—as Kant had said—then there is no reason why all men should have the same mental structure. There is no reason why mankind should not be splintered into competing groups, each defined by its own distinctive type of consciousness, each vying with the others to capture and control reality.

The first world movement thus to pluralize the Kantian position was Marxism, which propounded a social subjectivism in terms of competing economic classes. On this issue, as on many others, the Nazis follow the Marxists, but substitute race for class.” (_The Ominous Parallels_ Leonard Peikoff, http://aynrandlexicon.com/lexicon/kant,_immanuel.html)

The second aspect of the leftist mindset that tends to foster tribalistic thinking is modern philosophy’s rejection of reason. This modern rejection is summed up in an Encyclopedia Britannica article:

As indicated in the preceding section, many of the characteristic doctrines of postmodernism constitute or imply some form of metaphysical, epistemological, or ethical relativism. (It should be noted, however, that some postmodernists vehemently reject the relativist label.) Postmodernists deny that there are aspects of reality that are objective; that there are statements about reality that are objectively true or false; that it is possible to have knowledge of such statements (objective knowledge); that it is possible for human beings to know some things with certainty; and that there are objective, or absolute, moral values. Reality, knowledge, and value are constructed by discourses; hence they can vary with them. This means that the discourse of modern science, when considered apart from the evidential standards internal to it, has no greater purchase on the truth than do alternative perspectives, including (for example) astrology and witchcraft. Postmodernists sometimes characterize the evidential standards of science, including the use of reason and logic, as ‘Enlightenment rationality.‘” https://www.britannica.com/topic/postmodernism-philosophy (Accessed on 12-15-2018)

As a result, post-modern intellectuals tend to believe that reason is nothing more than a “tool of oppression” over the non-white races:

A philosophy and religion professor at Syracuse University gave an interview to The New York Times Thursday in which he critiqued the notion of pure reason as simply being a ‘white male Euro-Christian construction.’” (https://dailycaller.com/2015/07/03/professor-reason-itself-is-a-white-male-construct/)

I’d note that this attitude about reason serves as great “psychological cover” for a leftist because any time they loose a debate, they can just say your logic, evidence, and reason is nothing more than a “tool of oppression” by the “white, male, heterosexual patriarchy”, and disregard it.

The third intellectual basis of leftism that tends to promote tribalism is its promotion of collectivism. It is a core tenant of leftism that groups are more important than individuals. Quoting from the Encyclopedia Britannica Article on “Collectivism”:

“The earliest modern, influential expression of collectivist ideas in the West is in Jean-Jacques Rousseau’s Du contrat social, of 1762 (see social contract), in which it is argued that the individual finds his true being and freedom only in submission to the “general will” of the community. In the early 19th century the German philosopher G.W.F. Hegel argued that the individual realizes his true being and freedom only in unqualified submission to the laws and institutions of the nation-state, which to Hegel was the highest embodiment of social morality. Karl Marx later provided the most succinct statement of the collectivist view of the primacy of social interaction in the preface to his Contribution to the Critique of Political Economy: ‘It is not men’s consciousness,’ he wrote, ‘which determines their being, but their social being which determines their consciousness.’

Collectivism has found varying degrees of expression in the 20th century in such movements as socialism, communism, and fascism.”(https://www.britannica.com/topic/collectivism , last accessed on 12-16-2018, emphasis added.)

For Marx, the father of modern collectivism, it was not (individual) men’s consciousness which determines their “being”, but their “social being”, which determines their consciousness. In other words, the individual is nothing, and the group, the collective, is all.

These systems of thought held by the Obama administration, the modern rejection of reason and the promotion of collectivism, create the proper “psychological attitude” for tribalistic thinking to flourish. This is because if reason is impotent, and if service to the group is considered as all-important, then an individual will consider his mind incapable of choosing what group he should serve. He’ll simply seek to join a group based on concretes like the fact that they look like him and talk like him:

Now what are the nature and the causes of modern tribalism? Philosophically, tribalism is the product of irrationalism and collectivism. It is a logical consequence of modern philosophy. If men accept the notion that reason is not valid, what is to guide them and how are they to live? Obviously, they will seek to join some group -any group- which claims the ability to lead them and to provide some sort of knowledge acquired by some sort of unspecified means. If men accept the notion that the individual is helpless, intellectually and morally, that he has no mind and no rights, that he is nothing, but the group is all, and his only moral significance lies in selfless service to the group -they will be pulled obediently to join a group. But which group? Well, if you believe that you have no mind and no moral value, you cannot have the confidence to make choices -so the only thing for you to do is to join an unchosen group, the group into which you were born, the group to which you were predestined to belong by the sovereign, omnipotent, omniscient power of your body chemistry.

            This is, of course, racism. But, if your group is small enough, it will not be called “racism”: it will be called ’ethnicity” (“Global Balkanization”, Ayn Rand, _The Voice of Reason_, https://www.amazon.com/Voice-Reason-Objectivist-Thought-Library-ebook/dp/B002OSXD7I/)

As we have seen, the philosophic roots of the Obama administration’s facilitation of tribalism lie in the ideas of mostly dead, white male philosophers, like Karl Marx. However, many previous leftist presidents have ascribed to similar philosophies. The Obama administration went further and actively promoted tribalism.

This promotion of tribalism started even before Barack Obama was President, although it has only become common knowledge in recent months, because the news media actively suppressed the information. In January of 2018, a photo surfaced showing a then-Senator Obama smiling and posing with Louis Farrakhan, leader of the Nation of Islam. (http://www.tampabay.com/news/nation/Decade-old-photo-of-Obama-with-Louis-Farrakhan-surfaces_164857663) (Farrakhan is a tribal mentality through and through. I recommend doing an Internet search and reading some of the things he has written and said if you are unfamiliar.)

This photo was taken during a 2005 Congressional Black Caucus meeting with Farrakhan on Capitol Hill, which demonstrates where the loyalties of the entire Congressional “Black Caucus” lie.

If this photo had come out prior to the Presidential election of 2008, it is opined that Obama would not have been elected. The photo is the moral equivalent to a white Presidential candidate posing and smiling with the leader of Aryan Nations. (http://insider.foxnews.com/2018/01/27/obama-farrakhan-photo-dershowitz-says-he-would-not-support-him-if-he-knew-about-picture)

Obama managed to hide his promotion of tribalism pretty well until a later event in 2012. This was the shooting of a black teenager, Trayvon Martin, by George Zimmerman, a homeowner living in Florida. (Zimmerman was subsequently acquitted at trial.)

Obama chose to inject himself into a purely local matter of criminal law. (http://whitehouse.blogs.cnn.com/2012/03/23/president-obama-statement-on-trayvon-martin-case/) He aided and abetted the news media in doing its best to ensure that George Zimmerman wouldn’t get a fair trial.

But, more than that, Obama made a statement that I think did more damage to race relations than possibly anything else he said before or since. When commenting on the shooting, Obama noted:

If I had a son, he’d look like Trayvon.” (https://www.yahoo.com/news/obama-had-son-hed-look-trayvon-171805699.html)

This was like saying: “I am with black people because you look like me. I’m not the President of the United States, who serves abstract, and important, concepts like justice, rights, and the rule of law. I am the mouthpiece of a racial pressure group, and I will do everything I can to promote that racial group’s ‘collective good’, at the expense of the individual rights of people who don’t belong to that racial group.”

Why did Obama do this? Probably because:

The case resonates with many black Americans, a key voting group during Obama’s 2008 election, who see it as an example of bias toward blacks.” (https://www.yahoo.com/news/obama-had-son-hed-look-trayvon-171805699.html)

I suspect so many black Americans were convinced George Zimmerman was guilty because many of them hold the tribal premise to some greater or lesser degree, although I obviously don’t have statistics to back that up. I’m not sure how one would even measure “tribalistic impulse” of a particular group of people, but I would like to see such a study. I suspect the results on the level of “tribalistic impulse” of American blacks, compared to American whites or Asians, would be stunningly high.

I believe Obama thought he had to say “If I have a son, he’d look like Trayvon,” to appease black Americans, but it was more than appeasement. It was active endorsement and promotion of the tribalistic impulse. It was encouragement to unleash some of the worst tendencies amongst some black Americans.

This pandering by Obama gave aid and comfort to the group known as “Black Lives Matter”, a group that always assumes if a white cop shoots a black man, then the shooting was unjust. For instance, when Michael Brown was shot by Officer Darren Wilson in Missouri, it was determined by the United States Department of Justice that Officer Wilson did nothing wrong:

Based on this investigation, the Department has concluded that Darren Wilson’s actions do not constitute prosecutable violations under the applicable federal criminal civil rights statute, 18 U.S.C. § 242, which prohibits uses of deadly force that are “objectively unreasonable,” as defined by the United States Supreme Court. The evidence, when viewed as a whole, does not support the conclusion that Wilson’s uses of deadly force were “objectively unreasonable” under the Supreme Court’s definition. Accordingly, under the governing federal law and relevant standards set forth in the USAM, it is not appropriate to present this matter to a federal grand jury for indictment, and it should therefore be closed without prosecution.” (https://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/doj_report_on_shooting_of_michael_brown_1.pdf)

Despite that, there was a rush to judgment by what the media portrays as the “black leadership”. Jessie Jackson called it a “Crime of Injustice”. Al Sharpton, another tribalist, also shilled for Michael Brown in the face of the facts. (https://www.businessinsider.com/al-sharpton-denounces-darren-wilsons-excuse-michael-brown)

Always taking the side of a black person over a white person, without knowing any of the facts, demonstrates that the slogan “Black Lives Matters” is nothing but a statement of tribalism by the “black leadership”. (The notion of a “black leadership” is tribalism too, but the news media seems to believe Jessie Jackson and Al Sharpton speak for black people, so that is how I refer to them.)

Despite the tendency of “Black Lives Matter” to always take the side of a black man, even when the facts didn’t support it, Obama expressed solidarity with the “Black Lives Matter” movement, and even went so far as to accuse police of widespread racial discrimination himself:

“’As a young man, there were times when I was driving and I got stopped and I didn’t know why,’ he [Obama] said.” (https://thehill.com/homenews/administration/257811-obama-defends-black-lives-matter)

I don’t think Barack Obama is, himself a tribalist, but I think his philosophy, ideology, and method of thinking drives him to pander to those who *are* tribalists. Another example of that pandering could be seen when it came to Obama’s policies on immigration.

When it comes to issues of immigration policy, Obama supported open borders, which I, more or less, also support. I believe that policy is consistent with freedom and free markets. (https://ari.aynrand.org/blog/2017/02/07/ayn-rand-on-immigration) But, Obama didn’t support the policy because he’s committed to Capitalism. He supported it because of the need to appeal to Hispanic voters, who, to the extent they are concerned about open borders, are likely concerned out of feelings of tribalism, rather than concepts of justice, freedom of movement, and the free market. This tribalism is why you will see people flying Mexican flags at pro-immigration rallies in the United States:

“‘Native-born Americans suspect that it is they, and not the immigrant, who are being forced to adapt’ to social changes caused by migration, he [Obama] said….’When I see Mexican flags waved at pro-immigration demonstrations, I sometimes feel a flush of patriotic resentment…’ (https://dailycaller.com/2014/11/16/shock-flashback-obama-says-illegal-immigration-hurts-blue-collar-americans-strains-welfare-video/

Flying Mexican flags at pro-immigration rallies shows that, rather than being primarily about the abstract concepts of freedom and free markets, most of the “pro-immigration” sentiment of the Democratic Party is an expression of “Latin-American nationalism”, i.e., tribalism. They care less about the abstract concept of freedom of immigration than they do about ensuring that members of their racial and ethnic group can come and go as they please, into and out of, the United States. Would the “Hispanic leadership” in the Democratic Party care so much about immigration if most of the immigrants were German, or Chinese? (I doubt it.) Obama’s policies on immigration were another appeal to a tribalistic pressure group, just like his support of “Black Lives Matter”.

The tribal mentality discards reason because he is, fundamentally, the anti-conceptual mentality. (https://deancook.net/2018/12/15/what-is-tribalism-it-is-the-anti-conceptual-mentality/) This means tribalists will be strongly tempted to use force and violence when dealing with others outside their own ethnic group because they have no other recourse:

Warfare -permanent warfare- is the hallmark of tribal existence. A tribe -with its rules, dogmas, traditions, and arrested mental development- is not a productive organization. Tribes subsist on the edge of starvation, at the mercy of natural disasters, less successfully than herds of animals. War amongst other, momentarily luckier tribes, in the hope of looting some meager hoard, is their chronic emergency means of survival. The inculcation of hatred for other tribes is a necessary tool of tribal rulers, who need scapegoats to blame for the misery of their own subjects.

            There is no tyranny worse than ethnic rule -since it is an unchosen serfdom one is asked to accept as a value, and since it applies primarily to one’s mind.” (“Global Balkanization, Ayn Rand, _The Voice of Reason_ https://www.amazon.com/Voice-Reason-Objectivist-Thought-Library-ebook/dp/B002OSXD7I/)

So, the consequences of Barack Obama’s pandering to the tribal mentalities in our country was predictable. Here are a few examples:

(1) Riots in Ferguson Missouri and elsewhere. (“Ferguson riots: Ruling sparks night of violence” https://www.bbc.com/news/world-us-canada-30190224)

(2) “Occupations” of College Campuses by leftist thugs.

A couple of these “occupations” have been memorable for their totalitarian tendencies. A journalism professor at the University of Missouri was so enamored with the little totalitarian “no go zone” she and other campus minority groups had created on campus, that she, and the brutes following her, sought to exclude journalists from the area. When one journalist defied her, she famously yelled out: “Who wants to help me get this reporter out of here? I need some muscle over here!”( https://www.yahoo.com/news/mizzou-professor-some-muscle-protests-resigns-143632236.html)

Deep down in this professor’s soul, and in the soul of every leftist academic, “muscle”, i.e., naked force, is what matters. This is because reason is an illusion to them, thanks to “post-modern thinking” and Marxism.

At Evergreen College in the Pacific Northwest, a college professor was forced to resign after he questioned the wisdom of asking white students to “voluntarily” leave the college campus for a day. ( https://www.seattletimes.com/seattle-news/education/evergreen-professor-plans-to-sue-college-for-385-million/ )

Given the violent nature of the “anti-conceptual, tribalist mindset”, it won’t be long before the “voluntary” aspect of Evergreen’s “ethnic cleansing dry-run” is dropped in favor of the use of force.

But, the riots and the “college occupations” at least had the virtue of not leading to the loss of human life. The bloody climax of the Obama administration’s race policy was seen in my hometown of Dallas, Texas. In July of 2016, a sniper shot twelve white police officers, specifically because they were white, in what was described as the deadliest day for law enforcement officers since the September 11 attacks in 2001. (https://dfw.cbslocal.com/2016/07/07/shots-fired-during-downtown-dallas-protests/ )

Ultimately, I believe that much of our recent history has been driven by mostly dead, white, male philosophers, like Karl Marx. However, if we are going to start looking at political and social “conduits” for the philosophy driving tribalism, then our 44th President was one such conduit. If we’re going to point fingers at politicians for the uptick in tribalism in America, then we need to start with the villainous Presidency of Barack H. Obama.

Karl Marx, Polylogism, and Utopian Socialism – How Fundamental Philosophy Drives History

I’m currently listening to: “The Long 19th Century:European History From 1789 to 1917”  Professor Robert I.Weiner (Disk 4, Lecture 7), from  ‘The Great Courses’ series.

https://www.thegreatcourses.com/courses/long-19th-century-european-history-from-1789-to-1917.html

It is a pretty ‘middle of the road’ series with no obvious ideological skew other than, maybe, ‘slightly left of center’, since it’s a mainstream college professor.

In it, he says Karl Marx called the other socialists ‘utopians’ because they believed that socialism could be achieved through peaceful means, maybe even with the assistance of other classes. That is where the term ‘utopian socialist’ comes from.https://en.wikipedia.org/wiki/Utopian_socialism

Marx, on the other hand, believed that only violent class struggle could achieve socialism.

I realized when listening to this that Marx’s metaphysics and epistemology was driving his politics. He thought that your class determines your consciousness -that what class you are born into determines your logic. He was a ‘polylogist’ who believed in ‘many logics’. The proletarians have their method of thinking, the bourgeoise have theirs, the aristocracy have theirs, etc.

http://aynrandlexicon.com/lexicon/polylogism.html

Thus, for Marx, there could be no reasoning with those who control the factors of production, because they fundamentally don’t think like proletarians. Only violence could bring about socialism. Any socialist who thought you could reason with the bourgeoise was a ‘utopian’ -not recognizing reality. Marxism was therefore self-described as ‘scientific socialism’.

This explains the inevitable Marxist penchant for mass killing when they took over in a country. Anyone who wanted a peaceful transition to socialism was seen as naive at best.

https://en.wikipedia.org/wiki/The_Black_Book_of_Communism

Later, what I think happened is others picked up this same idea of polylogism and applied it to things besides class -such as your race or ethnicity. (Specifically, a certain political group in 1930’s Germany.) Once again, without a common frame of thinking and logic, any such proponent of ‘racially unique logic’ would be led to believe that no reason or discourse is possible between the races, and that only violence or separation is the solution.

I vaguely knew about polylogism from reading Ayn Rand and Leonard Peikoff. http://www.peikoff.com/lr/home.htm But,  I never really saw how one’s views on logic and the nature of the mind could have political ramifications like they clearly did on Marx when he referred to his fellow, non-violent, socialists as ‘utopians’. Furthermore, any time a Marxist committed murder, he had the perfect rationalization handy: He is serving the forces of historical necessity, and no reasoning is possible with the forces of counter-revolution because they don’t think like him.

Fundamental philosophy really does have political and social consequences for history.

Gun Control: A State-Sponsored Initiation of Physical Force

On July 14, 2016 a terrorist drove a cargo truck into crowds of people celebrating Bastille Day in Nice, France, killing eighty-six people and injuring 458 others. http://www.telegraph.co.uk/news/2016/07/14/84-killed-in-nice-by-lorry-during-bastille-day-celebrations—ho/

Mass-murders using a multi-ton vehicle are simply viewed as tragedies for the victims, and acts of viciousness by the perpetrators. Politicians and activists on the left do not attempt to change our attitudes towards trucks and automobiles. There are no calls for criminal background checks before owning a car, no calls for psychological screening before you can get your new Toyota, and anyone seriously suggesting that cargo trucks should be banned would be laughed at.

On the other hand, any time there is a mass-murder involving a firearm in “gun friendly” United States, and not in countries with massive firearms restrictions, like France or Belgium, it becomes time to trot out the “gun control” arguments. The latest mass-shooting in Florida has brought forth the left’s usual call for an “assault weapons” ban. As with any blanket governmental prohibition on the ownership of any device or substance, the problem with “gun control” is this: The only way to enforce it is to turn government into a force-initiator. Although, in our already very un-free society, it means turning our government into an even greater force-initiator.

I’ll start with a discussion of the difference between murder and self-defense. This is primarily a moral and philosophical discussion of the distinction, not a legal one. Laws are made by men, and can be changed or reformed to better reflect moral and philosophical truth, so keep that in mind as I go over this. I am speaking more as a political philosopher than as a lawyer.

First, the use of a weapon to commit murder is bad, while the use of a weapon to defend yourself from murder is good, if you value your life. I doubt there are many who will dispute the notion that you can rightly defend yourself, so I won’t discuss it any further. Most of us seem to understand it on a “gut level”, but what exactly is the difference between murder and killing someone in self-defense?

It’s not the mere use of force that distinguishes murder from self-defense. A murderer uses force, but so does the person who acts in self-defense. The difference lies in the fact that a murderer is the first to act, while a person acting in self-defense reacts to an articulable act of force by another. Another critical distinction between murder and self-defense is: the person who acts in self-defense is not attempting to gain another person’s values nor to deprive another person of their values. The robber starts the use of force against others to gain their property or money -to gain what they have produced through their thought and labor. The person who acts in self-defense is reacting to preserve his values. When someone tries to murder him, the man who acts in self-defense is attempting to preserve what can be considered an important value, and, I think, his ultimate value -the value that all his other values are aimed at achieving and maintaining. The murderer or the robber initiates physical force, while the person who acts in self-defense, or defense of others, uses force in reaction or retaliation to the initiation of physical force.

Next, what are “gun control laws”? They are “preventative law”. They attempt to prohibit a certain action that is innocuous in and of itself -the ownership of a gun. “Preventative law” prohibits actions that, standing alone, are not an initiation of physical force. The mere ownership of a gun doesn’t kill or injure anyone. This blanket prohibition is imposed in order to prevent some evil that can potentially be committed with the gun -murder, robbery, or rape. If everyone who owned a gun were to somehow magically loose the free will to choose to use a gun to commit crimes like murder, then there would be very little talk of “gun control laws”. This is because such laws would be unnecessary.

The problem with “preventative laws” is that they: (1) Legally prohibit actions that are good if you value your life -the ownership of a gun for purposes of self-defense; and (2) They turn government agents into force-initiators. Now police are ordered to go out and initiate physical force against those who have not used force to deprive others of their life or property. In fact, the police are ordered to deprive people of their right to self-defense by arresting anyone who possesses a gun for the purposes of self-defense.

In the last twenty or thirty years, most of the “gun control” debate has centered around so-called “assault weapons”, although this name is a misnomer. What is being described as an “assault weapon”, like an AR-15, is a semi-automatic long gun with a detachable magazine that can hold anywhere from five to 50 rounds. The term “assault weapon” is a cunning choice of wording used by left wing politicians. It implies that semi-automatic long guns with detachable magazines can only be used to commit initiations of physical force, i.e., an “assault”. But, as I will discuss below, these guns can sometimes be the best option for self-defense, and defense of others. (For brevity, I’m going to call a “semi-automatic-long-gun-with-a-detachable-magazine ban” a “semi-auto ban”.)

The calls for a “semi-auto ban” center around the fact that this type of gun tends to be the mass-shooter’s weapon of choice. I question that if these types of guns were to magically disappear, it would prevent any mass-shootings or even significantly reduce casualty rates in such events. Simple pump-action shotguns, holding fewer than six rounds, have been used in mass shootings in recent years. (https://www.scribd.com/document/233531169/Navy-Yard#from_embed) At any rate, the use of a these guns in high-profile, but statistically rare, mass shootings accounts for a lot of the political push for a semi-auto ban. (http://www.gunfacts.info/gun-control-myths/mass-shootings/)

People on the political left also tend to call for a semi-auto ban because it seems, at first blush, to be more difficult to justify the ownership of such a weapon. A lot of people might see that you need a handgun for self-defense, but they will ask: “Why does anyone ‘need’ an ‘assault weapon’?”

A concrete example of the utility of semi-automatic long guns for self-defense was demonstrated in the Los Angeles Riots of 1992. (https://www.britannica.com/event/Los-Angeles-Riots-of-1992) The LA Times reported that Koran store owners used “…shotguns and automatic weapons…” to defend their stores from looters. http://articles.latimes.com/1992-05-02/news/mn-1281_1_police-car (Likely the journalist reporting in the old LA Times article didn’t know the difference between a semi-automatic and an automatic, and these guns were likely semi-automatics, the precise type of gun that people push to ban after almost every mass-shooting.)

During the LA riots, Korean shop owners were targeted, and their small businesses were often destroyed. They were an immigrant minority group singled out because of the color of their skin by members of other racial minority groups engaged in mayhem and destruction. But, more fundamentally, rioters went after them because they were successful property owners. The Korean small businessmen were everything the rioters weren’t: hard working, ambitious, and devoted to making something of their lives. The store owners were the “producers”, as Ayn Rand would say, and the rioters were, literally, “the looters”. Rather than have their life’s work destroyed, many of these shop owners armed themselves when the police and the government abandoned them. (https://www.youtube.com/watch?v=OCYT9Hew9ZU)

Now, at this point an advocate of a semi-auto ban will say that riots like the one in LA are statistically rare. That is probably true, but, then again, so are shootings that involve the use of a semi-automatic long gun. Far more people are killed with handguns than long-guns of any type. https://ucr.fbi.gov/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/offenses-known-to-law-enforcement/expanded-homicide/expanded_homicide_data_table_8_murder_victims_by_weapon_2008-2012.xls (For instance, in 2012 6,371 people were murdered by handguns, versus 232 people killed by rifles, whether semi-automatic or not.)

Now, lets turn to the consequences of a law prohibiting the ownership of semi-automatic long guns. The first thing to note is that the passage of a law is not like waving a magic wand that makes the outlawed thing go away. The drug laws have been on the books for over a hundred years now, but cocaine, heroin, meth, and marijuana are still readily available. Most people could acquire any drug they want in about 24 hours if they have enough money to pay for it. Furthermore, a semi-auto ban isn’t simply a law that says people can’t use guns to deprive others of their lives because we already have that: It’s called a murder statute. As already discussed, a semi-auto ban is what is known as “preventative law”. It involves the government threatening to use force against those who have not initiated physical force, and never would, because they possess the weapons for self-defense.

A semi-auto ban means that people who possess such weapons for morally legitimate reasons like self-defense will be threated with jail time if they continue to possess them. Like all laws, when the police come to arrest violators, if they resist, the state is authorized to use anything up to and including deadly force to subdue them. In other words, the state will use its guns to kill those who want to have the capacity to defend their lives. The initiation of physical force by the state will be required to enforce a semi-auto ban. Government agents become authorized, and ordered, to commit the moral-equivalent of murder to enforce preventative laws such as this.

Is what I’m saying here just “hypothetical”? Are there any concrete examples of how “preventative” gun laws lead to the killing of those who have not initiated physical force? I think the incident at Ruby Ridge is an example of this. Ruby Ridge is an illustration of the fact that gun-prohibitions have life and death consequences. (The facts I outline here are all found in a britanica.com article called “Ruby Ridge Incident” https://www.britannica.com/event/Ruby-Ridge-incident)

Randy Weaver was a white separatist who moved to Idaho in the 1980’s. While attending an Aryan Nations meeting in the late 1980’s he was approached by what turned out to be an ATF informant, who convinced Weaver to saw off two shotguns. A shotgun with a barrel below a certain length is illegal under Federal law. The ATF then threatened Weaver with arrest for possessing a short-barreled shotgun. They told him he could either face prosecution, or he too could become an informant for the ATF. Weaver refused to become an informant, so the ATF pursued the prosecution on the Federal weapons charge. Weaver was arrested, and after his trial was set, he was released.

Originally, Weaver’s trial was set for February 19, 1991, but the trial was then moved to February 20th. Weaver’s probation officer sent him a letter incorrectly stating that the new trial date was March 20. (Similar to the latest mass-shooting in Florida, Federal Government Officials demonstrated their incompetence. http://www.dailymail.co.uk/news/article-5401101/FBI-knew-Nikolas-Cruz-stockpiling-weapons.html)

When Weaver failed to appear on February 20, the court issued a bench warrant for his arrest. Weaver was then indicted by a Federal grand jury for failing to appear at his trial. The US Marshal’s service was then tasked with arresting Weaver. On August 21, 1992, six heavily-armed Marshals entered Weaver’s property. The Weaver family dog discovered the Marshals in hiding, and one of the Marshals shot the dog. Weaver’s 14-year-old son, Sammy had been walking the dog, and he then got into a gunfight with the Marshals. The Marshals shot Sammy Weaver in the back, killing him. One of Weaver’s friends, Kevin Harris, who had also been with Sammy, then shot and killed US Marshal William Degan.

At that point, the FBI was brought in to assist the Marshals, and there was a standoff centering around Randy Weaver’s house. On August 22, 1992, an FBI sniper shot Weaver in the arm, and accidentally shot his wife, Viki Weaver, in the face, killing her while she held the Weaver’s infant daughter behind the front door of the cabin.

Weaver and Harris eventually surrendered. Weaver was charged with numerous crimes, including murder, conspiracy, and assault. Kevin Harris, who had shot US Marshal, Degan, was acquitted of murder. Weaver was found not guilty on all charges, except the original failure to appear for the original firearms charge.

To sum up: Viki Weaver, Sammy Weaver, and a US Marshal were killed because, back in the 1930’s, Congress arbitrarily decided that a shotgun was okay, but having a sawed-off shotgun was so bad that the Federal Government should be free to initiate physical force against anyone who was found to be in possession of one.

I doubt that the law against possessing a sawed off shotgun has ever saved a single life -although I obviously don’t know that for certain. What I do know is that Viki Weaver and her son Sammy are dead because the government saw fit to initiate physical force to prohibit the mere possession of device whose only difference from a legal device is a shorter barrel. Randy Weaver hadn’t initiated physical force against anyone, and whatever one thinks of some of his odious political views, I don’t think that justifies what I consider to be the moral-equivalent of the murder of his wife and son by agents of the state.

The death of Viki and Sammy Weaver is the price we pay when we direct government agents to initiate physical force in an attempt to ban the mere possession of a device. The death of innocent people who cannot defend themselves from criminals because guns are banned is another price we pay. Mass murders are horrible. But, then again, all initiations of physical force are horrible, especially when they are committed by armed agents of the state against a disarmed population.

I’ve heard death penalty opponents say something like: “How can the state say that killing is immoral by killing people?” They are noting an apparent contradiction, although it isn’t a genuine contradiction, since the death penalty is actually the state saying murder is immoral -and it is killing the murderer to demonstrate that. “Murder” and “killing” are different things. “Murder” is killing by the initiation of physical force. It is starting the use of force to deprive another of their most important value, which is their own life. However, this slogan by death-penalty critics can be repurposed when it comes to gun control into a true statement: How can we say that the initiation of physical force is immoral by initiating physical force against those who own a gun to protect their lives? Because that’s what “gun control” is.

Thomas Hobbes on Accidental and Essential In “Leviathan”

In his book “Leviathan”, Thomas Hobbes prefaces his discussion of politics and the “social contract” with a discussion “Of Man”. (http://www.gutenberg.org/files/3207/3207-h/3207-h.htm) (My references to “Leviathan” are to the Penguin Classics version, 1987, ISBN 0-14-043195-0 http://www.abebooks.com/servlet/SearchResults?bi=0&bx=off&ds=30&isbn=0140431950&recentlyadded=all&sortby=17&sts=t )

Hobbes recognizes that one must study the nature of man before discussing how men should be organized into society and what sort of political system they should adapt. He also recognizes that the nature of the human mind, and how it acquires knowledge, is key to understanding the nature of man.

In historical context, Hobbes lived in a time when some of the scientific assertions of Aristotle, which had been re-incorporated into Western thinking by Thomas Aquinas, were being questioned.

Galileo Galilei had presented evidence that tended to overthrow the Ptolemaic system, which had described the Earth as the center of the universe. This idea had become official doctrine of the Church with its adoption of Aristotle, through Thomas Aquinas, at the beginning of the Renaissance.

Hobbes wrote against this backdrop, in which all of Aristotle’s science, especially his cosmology, was starting to be questioned.

Despite his declared rejection of Aristotle, Hobbes didn’t go far enough in questioning the philosopher when it came to the distinction between “essential” and “accidental” properties of a thing. (https://en.wikipedia.org/wiki/Accident_%28philosophy%29)

Although Hobbes was right to reject the Platonic/Aristotelian view of “essences”, his embrace of the idea of “accidental” features in things that are not man-made lead him to believe that definitions are based on mere “accidental” features.

An alternative to both Hobbes and the “realists” (Plato and Aristotle) holds that essential features are characteristics perceived by a particular type of mind, the human mind, to serve human purposes -ultimately, man’s life.

There is a long-standing debate in the history of philosophy about where the essential feature(s) that comprise a concept come from:

“The problem of universals is the problem of the correspondence of our intellectual concepts to things existing outside our intellect. Whereas external objects are determinate individuals, formally exclusive of all multiplicity, our concepts or mental representations offer us the realities independent of all particular determination; they are abstract and universal. The question, therefore, is to discover to what extent the concepts of the mind correspond to the things they represent; how the flower we conceive represents the flower existing in nature; in a word whether our ideas are faithful and have an objective reality.” (E.C. Moore, American Pragmatism: Peirce, James, and Dewey. New York: Columbia University Press (1961), quoting DeWulf, M. Catholic Encyclopedia, XI, “Nominalism, Realism and Conceptualism”(1909).)

“Since man’s knowledge is gained and held in conceptual form, the validity of man’s knowledge depends on the validity of concepts. But concepts are abstractions or universals, and everything that man perceives is particular, concrete. What is the relationship between abstractions and concretes? To what precisely do concepts refer in reality? Do they refer to something real, something that exists -or are they merely inventions of man’s mind, arbitrary constructs or loose approximations that cannot claim to represent knowledge?…To exemplify the issue as it is usually presented: When we refer to three persons as ‘men’, what do we designate by that term? The three persons are three individuals who differ in every particular respect and may not possess a single identical characteristic…If you list all their particular characteristics, you will not find one representing ‘manness.’ Where is the ‘manness’ in men? What, in reality, corresponds to the concept ‘man’ in our mind?” (Ayn Rand, Introduction to Objectivist Epistemology, 2nd Ed., “Forward to the First Edition”. New York:Meridian (1990).)

Plato said that “essences” exist in pure form in some other realm, and that the world we see around us is just a vague, shadowy approximation of that real world of forms. This is probably what was meant by Plato’s “Allegory of the Cave” https://en.wikipedia.org/wiki/Allegory_of_the_Cave

Plato said we are all like people who are chained and forced to face the wall of a cave with a fire behind us. We can see the shadows of people and other things as they pass by, but we cannot see the actual things. This is a metaphor for the idea that human senses do not perceive actual entities or things, just the shadows of things that actually exist. What actually exists are the “forms”, which are in some other realm. Human beings are merely perceiving the shadows of those forms. Those “forms” are what we mean when we speak of the essence of a thing. The “manness” that we perceive in men actually exists in some pure form in another realm, and the individual men that we perceive are just shadowy approximations of the “Platonic form” of man.

Plato’s student, Aristotle was somewhat more “this worldly” than his teacher. Aristotle rejected the idea that “forms” exist in some other realm. Instead, some scholars interpret Aristotle as saying that the “form” or “essence” of a thing exists within each concrete instance. http://www.anselm.edu/homepage/dbanach/arist.htm The practical result of this would be that for Aristotle, studying concrete particular things is important to understanding them, since that “essence” of the thing exists somewhere within it, whereas Plato said the “essence” isn’t in the thing –the thing is just a shadow of that “pure essence”. Plato’s view of knowledge would tend to suggest that one gains knowledge by learning about some other world, other than the one you perceive, while Aristotle at least believed that you should study the things you can actually see and perceive in order to learn about their essence.

Starting in the late Middle Ages, the ideas of Aristotle were rediscovered by Western Scholars like Thomas Aquinas. https://en.wikipedia.org/wiki/Thomas_Aquinas By the time of the Renaissance, much of Aristotle had been incorporated into Church doctrine. https://en.wikipedia.org/wiki/Renaissance The ideas of Aristotle and Aquinas became part of the “scholastic” tradition. https://en.wikipedia.org/wiki/Scholasticism

In the 1600’s, Hobbes, and other thinkers and scientists, began to reject the ideas of the “Schoolmen” (the Scholastics).

“Lastly, the Metaphysiques, Ethiques, and Politiques of Aristotle, the frivolous Distinctions, barbarous Terms, and obscure Language of the Schoolmen, taught in the Universities, (which have been all erected and regulated by the Popes Authority,) serve them to keep these Errors from being detected, and to make men mistake the Ignis Fatuus of Vain Philosophy, for the Light of the Gospell.” (Leviathan, Pg. 708)

Along with the doctrines of Aristotle, Hobbes also denounced, amongst others, the idea of Papal infallibility (“…that the Pope In His Publique Capacity Cannot Erre…” Leviathan, Pg. 706) and transubstantiation (“…they assure the same, by the Power they ascribe to every Priest, of making Christ; and by the Power of ordaining Pennance; and of Remitting, and Retaining of sins.” Leviathan, Pg. 708)

Hobbes likely regarded Plato’s Allegory of the Cave as an “abuse of speech”:

“Secondly, when they use words metaphorically; that is, in other sense than that they are ordained for; and thereby deceive others.” (Leviathan, Pg. 102)

The allegory of the cave could be considered a “metaphorical” use of words, aimed at deceiving others into doubting the evidence of their senses.

If Hobbes rejected the essentialism of Plato and Aristotle, what did he believe we were referring to when we speak of an essential, defining characteristic of a thing?

For instance, I read an article about a chimpanzee that lost all of his hair in a zoo because of alopecia –a disease. (http://www.dailymail.co.uk/news/article-1322472/Guru-chimp-suffering-alopecia-looks-human-star-zoo-attraction.html)

This is what Hobbes says the schoolmen would say:

“From these Metaphysiques [the philosphy of Aristotle], which are mingled with the Scripture to make Schoole Divinity, wee are told, there be in the world certaine Essences separated from Bodies, which they call Abstract Essences, and Substantiall Formes…” (Leviathan, Pg. 689)

Aristotle tried to draw a distinction between “essential” and “accidental” properties of a thing to account for something like a chimpanzee without hair, and why it is still a chimpanzee. (https://en.wikipedia.org/wiki/Accident_%28philosophy%29)

The fact that most chimpanzees have hair on their bodies must be an “accidental feature” of a chimpanzee. Something else must be “essential”.

Although he is not always clear on this point, I believe Hobbes thought all definitions ultimately rest on “accidental qualities”:

“Of Names, some are Proper, and singular to one onely thing; as Peter, John, This Man, This Tree: and some are Common to many things; as Man, Horse, Tree; every of which though but one Name, is nevertheless the name of divers particular things; in respect of all which together, it is called an Universall; there being nothing in the world Universall but Names; for the things named, are every one of them Individual and Singular.

One Universall name is imposed on many things, for their similitude in some quality, or other accident: And whereas a Proper Name bringeth to mind one thing onely; Universals recall any one of those many. ” (See Leviathan, pg. 103)

“Secondly, it may enter into account, or be considered, for some accident or quality, which we conceive to be in it; as for Being Moved, for Being So Long, for Being Hot, &c; and then, of the name of the thing it selfe, by a little change or wresting, wee make a name for that accident, which we consider; and for Living put into account Life; for Moved, Motion; for Hot, Heat; for Long, Length, and the like. And all such Names, are the names of the accidents and properties, by which one Matter, and Body is distinguished from another. These are called Names Abstract; Because Severed (not from Matter, but) from the account of Matter.” (See Leviathan, Pg. 107.)

In the above passages, Hobbes says there are “accidental qualities” that make up “matter” and “body”. Hobbes initially did seem to suggest that one “…Universal name is imposed on many things, for their similitude in some quality, or other accident…” (Leviathan, Pg. 103)

This could be interpreted as meaning he made a distinction between “similarity” and “accident”. So, for instance, the chimpanzee with alopecia has no hair as a result of an “accident” (a disease). However, given what he then gives as examples of “accident” (“living”, “moved”, “hot”, “long”, etc), the logical implication is that all characteristics of any given entity would ultimately be considered “accidental”.

Additionally, for Hobbes, a “body without us” is what is commonly called an “object”. “Objects” are the things we perceive with our senses:

“Concerning the Thoughts of man, I will consider them first Singly, and afterwards in Trayne, or dependance upon one another. Singly, they are every one a Representation or Apparence, of some quality, or other Accident of a body without us; which is commonly called an Object. Which Object worketh on the Eyes, Eares, and other parts of mans body; and by diversity of working, produceth diversity of Apparences.” (Leviathan, Pg. 85)

Every “object” that we perceive, according to Hobbes, is a “Representation” of “Apparence” of “some quality, or other Accident of a body [an object] without us; which is commonly called an Object.”

The logic of Hobbes’ view of knowledge is to say that everything about a particular entity that we call “matter” or “body” is just an accidental feature. Therefore, all of our concepts must be based on “accidental features”. There is no “essence”, as Plato or Aristotle speaks of them.

One of the strengths of Hobbes is his commitment to good definitions:

“Seeing then that Truth consisteth in the right ordering of names in our affirmations, a man that seeketh precise Truth, had need to remember what every name he uses stands for; and to place it accordingly; or els he will find himselfe entangled in words, as a bird in lime-twiggs; the more he struggles, the more belimed. And therefore in Geometry, (which is the onely Science that it hath pleased God hitherto to bestow on mankind,) men begin at settling the significations of their words; which settling of significations, they call Definitions; and place them in the beginning of their reckoning.

By this it appears how necessary it is for any man that aspires to true Knowledge, to examine the Definitions of former Authors; and either to correct them, where they are negligently set down; or to make them himselfe. For the errours of Definitions multiply themselves, according as the reckoning proceeds; and lead men into absurdities, which at last they see, but cannot avoyd, without reckoning anew from the beginning; in which lyes the foundation of their errours. From whence it happens, that they which trust to books, do as they that cast up many little summs into a greater, without considering whether those little summes were rightly cast up or not; and at last finding the errour visible, and not mistrusting their first grounds, know not which way to cleere themselves; but spend time in fluttering over their bookes; as birds that entring by the chimney, and finding themselves inclosed in a chamber, flitter at the false light of a glasse window, for want of wit to consider which way they came in. So that in the right Definition of Names, lyes the first use of Speech; which is the Acquisition of Science: And in wrong, or no Definitions’ lyes the first abuse; from which proceed all false and senslesse Tenets; which make those men that take their instruction from the authority of books, and not from their own meditation, to be as much below the condition of ignorant men, as men endued with true Science are above it. For between true Science, and erroneous Doctrines, Ignorance is in the middle. Naturall sense and imagination, are not subject to absurdity. Nature it selfe cannot erre: and as men abound in copiousnesse of language; so they become more wise, or more mad than ordinary. Nor is it possible without Letters for any man to become either excellently wise, or (unless his memory be hurt by disease, or ill constitution of organs) excellently foolish. For words are wise mens counters, they do but reckon by them: but they are the mony of fooles, that value them by the authority of an Aristotle, a Cicero, or a Thomas, or any other Doctor whatsoever, if but a man.” (Leviathan, Pg. 105-106)

Here, Hobbes says that all authority must be rejected (specifically the authority of “…Aristotle…Cicero…[and]…Thomas [Aquinas]…” He says that one must “…examine the Definitions of former Authors…” to see if they are right or wrong. Hobbes says that failure to do so will cause one to “…find himselfe entangled in words…”

But, Hobbes doesn’t always follow his own advice on definitions. Hobbes uses the term “accidental” without thinking about what that means -what its definition is. The definition of “accident” is:

“a sudden event (such as a crash) that is not planned or intended and that causes damage or injury.”
“an event that is not planned or intended: an event that occurs by chance” (http://www.merriam-webster.com/dictionary/accident)

An “accident” means something that was not planned or intended. With respect to “the metaphysical”, i.e., all aspects of reality that don’t involve human choice, the concepts of “planned” or “intended” do not apply. Only human beings, and, arguably, certain other types of living organisms, are capable of “planning” or “intent”. These concepts pertain to entities that possess a mind like human beings.

Similarly, the concept of “chance” means that an event occurs about which one does not have sufficient information to know for certain what the outcome will be. For instance, if I flip a coin, whether it will come up heads or tails is a question of “chance”, and I can speak of the probability that it will come up heads or tails.

If I had enough data about the original position of the coin prior to being tossed, the angle(s) and speeds of all the forces that worked on it when it was tossed, the wind and weather factors involved, etc., then I could know for certain whether the coin toss would end up heads or tails. It would no longer be a matter of “chance” because I have sufficient knowledge to know all the factors that are playing into its eventual resting state.

All inanimate things act in accordance with their nature, and the nature of other things that they interact with, and they absolutely must act that way. “Chance” is just a way of saying that a human being doesn’t have enough knowledge about the nature of certain inanimate things to know what the outcome will be.

For example, the fact that the Earth and the other planets came to revolve around the sun the way they do, and at the orbits they occupy, had to occur that way because of the nature of the Sun and the other planets. (Their masses, their speeds, their composition, etc.) The element of “chance” comes into play because human beings do not know all of the factors that led to the Earth orbiting the sun in the way it does. “Chance” is just a reflection of some human being’s level of knowledge on a subject.

As far as we know, only human beings make choices. Since only human beings can make plans or intend to bring about some event or goal, only human beings are capable of having their plans or intentions fail due to some ignorance, negligence, or irrationality on their part. Only human beings can have “accidents”, because only human beings can be mistaken.

This means that when it comes to reality, apart from those aspects that don’t involve human choice, nothing is “accidental”, because the concept does not apply. It’s like asking: what is the sound of one hand clapping? Or: what is outside the universe? Since clapping, by definition, is the striking together of two hands, it is a nonsense sentence. If the universe is all that exists, then you cannot speak of anything “outside” it, because anything that exists is part of the universe. “Outside” is also a relational concept, implying that something that exists is not within something else, so there is no “outside” the universe. (Arguably, there is no “inside” the universe, either.) Similarly, speaking of “accidental” aspects or features of reality, that don’t involve human choice, is a nonsense statement.

Going back to the chimpanzee with alopecia, the fact that he lost all of his hair is not an “accident”, nor is the fact that other chimps have their hair an “accident”. Chimps that don’t have alopecia have their hair because of their nature as a living organism, plus the nature of the rest of reality that they interact with. It isn’t an “accident” that chimps have hair. It had to be that way, because reality is what it is. There is no god making choices about how reality is going to be. Reality simply is. Only human beings make choices, that we know of, and only human beings can make plans. Human beings, not reality, are capable of having “accidents” -of making mistakes. If a chimp looses his hair for some reason that doesn’t involve human choice, it had to be that way because of the nature of certain diseases and the nature of the chimp’s body in reaction to those diseases.

What is the consequence of believing, as Hobbes appears to, that all features or characteristics of “matter” and “body” are “accidental”? He would have to believe that all concepts that human being hold must be, in some sense, “accidental”. Concepts for Hobbes are not going to be fully real to him. Hobbes is what is known today as a “nominalist”:

“Denying that concepts have an objective basis in the facts of reality, nominalists declare that the source of concepts is a subjective human decision: men arbitrarily select certain characteristics to serve as the basis (the “essentials”) for a classification; thereafter, they agree to apply the same term to any concretes that happen to exhibit these “essentials,” no matter how diverse these concretes are in other respects. On this view, the concept (the term) means only those characteristics initially decreed to be ‘essential’. The other characteristics of the subsumed concretes bear no necessary connection to the ‘essential’ characteristics, and are excluded from the concepts meaning.

Observe that, while condemning Plato’s mystic view of a concept’s meaning, the nominalists embrace the same view in a skeptic version. Condemning the essence-accident dichotomy as implicitly arbitrary, they institute an explicitly arbitrary equivalent. Condemning Plato’s ‘intuitive’ selection of essences as a disguised subjectivism, they spurn the disguise and adopt subjectivism as their official theory…Condemning Plato’s supernaturally determined essences, they declare that essences are socially determined, thus transferring to the province of human whim what had once been the prerogative of Plato’s divine realm. The nominalists’ ‘advance’ over Plato consisted of secularizing his theory.”(Leonard Peikoff, “The Analytic Synthetic Dichotomy.” In: Rand, A. Introduction to Objectivist Epistemology, 2nd Ed.” New York:Meridian (1990).)

Hobbes is correct that all definitions of concepts rest on human choices -that all essences are based on human choice. He is mistaken in believing that certain aspects or characteristics of the things we perceive, given certain contexts of knowledge, should be considered no more essential than all of their other features, though. This is because the human mind has a certain nature, and it must organize the material it perceives in accordance with that nature if it is going to function effectively. Since human thought serves human life, certain characteristics of the entities we perceive are more fundamental than others, because we adopt certain principles of “fundamentality” that serve our nature as living beings with a certain nature of mind.

“Now observe, on the above example, the process of determining an essential characteristic: the rule of fundamentality. When a given group of existents has more than one characteristic distinguishing it from other existents, man must observe the relationships among these various characteristics and discover the one on which all the others (or the greatest number of others) depend, i.e., the fundamental characteristic is the essential distinguishing characteristic of the existents involved, and the proper defining characteristic of the concept.

Metaphysically, a fundamental characteristic is that distinctive characteristic which makes the greatest number of others possible; epistemologically, it is the one that explains the greatest number of others.” (Ayn Rand, Introduction to Objectivist Epistemology, 2nd Ed., Chapter 5, “Definitions”. New York:Meridian (1990).)

For instance, in the case of the chimpanzee, we know that it is a living organism that must obtain the fuel necessary for its continued existence. It must gather food and other resources. It will seek out females to reproduce with because all living organisms are capable of reproducing themselves, and, with the possible exception of humans, are driven by inexorable mating cycles to do so. Its internal organs are all aimed at sustaining itself. It reacts to its environment and attempts to adapt itself to that environment in a manner that will allow for its continued existence, so it behaves in certain ways. It possesses a consciousness that is, perhaps different from human beings, but a consciousness, nonetheless.

Take away its hair, and the chimpanzee is still a living organism, albeit one that is in a diseased state, so it might not be quite as successful at living. To the extent that human beings interact with a chimpanzee without hair, they will still do so in largely the same way. Hair, as far as human beings are concerned, is not an essential feature of the chimp. But, this is only as far as a human being are concerned. Outside of the way human beings organize certain entities that they perceive in their minds in order to serve human purposes, every entity is unique. No two chimpanzees are the same. The concept of “similarity” serves human needs.

What are some of the “principles of ‘fundamentality’” that human beings adopt in order to serve their purposes? Probably the most important one is the principle of causality. We try to find aspects of reality that we can use to bring about certain results. This is important because reason is our means of survival. So, for instance, we find that certain types of molds kill bacteria. A certain type of mold is the “cause” of bacteria death. We then extract the substance from that mold that leads to the death of certain types of bacteria, and make antibiotics. This means that when we form concepts we look for characteristics that are the “cause” of other characteristics of the thing. The more characteristics of a thing that a particular characteristic(s) causes, the more likely it is to be considered “fundamental”.

This isn’t always an easy task, since we may have incomplete knowledge, but this is what we are doing when we try to find “essential features” of a thing -and finding those essential features is necessary for successful living by human beings. The fact that the concept of essential features is necessary for living life means that there is a “right” and a “wrong” -that some ideas held by human beings are “true” and others are “false”. If one person believes that penicillin kills bacteria while another believes that voodoo incantations will cure disease, then the former is right and the later is wrong. If you want to live, then it’s not all just a matter of arbitrary definitions based on “accidental qualities”.

In the case of a chimpanzee, the fact that he has hair is not considered a fundamental feature. Other mammals have hair, and it doesn’t explain most of the chimp’s behavior patterns or the overall structure of his body. He also is still capable of reproduction with other chimpanzees, which is a strong indicator that an animal is the same species as another animal -although not always a definite indicator. (Wolves and coyotes can interbreed.) Why is interbreeding such a strong indicator? Because two animals breeding and giving rise to offspring tends to be very important to human beings in terms of farming. Agriculture, at least since the Neolithic period, is important to mankind because livestock for food and other purposes is important to human survival.

Essential features are neither “out there”, as Plato/Aristotle would say, nor “arbitrary creations”, as Hobbes would have to say. They are aspects of realty perceived and organized by a certain type of organism, a human being, who needs them to serve a certain purpose, which is living.

The legacy of Hobbes and of the Enlightenment is one in which tradition and authority is questioned. Hobbes just didn’t go far enough when he accepted, without criticism, the idea of “accidental qualities”, because the concept of “accident” does not apply to those aspects of reality that exist apart from human choice. (The “metaphysical”.) Only the metaphysical should be accepted, while all human choices and institutions should be judged, and, if necessary, reformed, if one wants to live.

A Review of “Altruism as Appeasement” by Ayn Rand

In 1962, Ayn Rand asked a student at MIT why so many of “…today’s young intellectuals were becoming ‘liberals’…” (pg. 32) A few weeks later, the MIT student wrote Miss Rand a letter, outlining his thinking on the subject. Miss Rand wrote “Altruism as Appeasement”, which expands on the response she got from this MIT student. This essay can be found in The Voice of Reason. (My page citations below are to the 1989 Meridian version, ISBN number: 0-452-01046-2)

In his letter, the student told Miss Rand that “The majority of college students…do not choose to think; they accept the status quo, conform to the prescribed code of values, and evade the responsibility of independent thought…’In adopting this attitude, they are encouraged by teachers who inspire imitation, rather than creation.’” (Pg. 32)

However, there is another group who are “…not willing to renounce their rational faculty.” Miss Rand then quotes at length from the MIT student’s letter: “‘They are the intellectuals -and they are the outsiders….They are teased and rejected by their schoolmates. An immense amount of faith in oneself and a rational philosophical basis are required to set oneself against all that society has ever taught…The man who preaches individual integrity, pride, and self-esteem is today virtually nonexistent. Far more common is the man who, driven by the young adult’s driving need for acceptance, has compromised. And here is the key -[the result of] the compromise is the liberal.’”

What is the psychological result? Most “liberal intellectuals” are driven by a strong guilt complex, because a person who sets himself against society in favor of rationality will feel guilt due to his rejection by the mediocrities around him. The “liberal” “…’loudly proclaims the brotherhood of all men. He seeks to serve his escapist brothers by guaranteeing them their desire for social security…’” (Pg. 33) “Liberals” are driven to atone for their false guilt, and they do so by working for “…’their welfare…’” (Pg. 33)

Miss Rand agreed with the MIT student regarding the psychological process he had identified, however: “…the situation he [the MIT student] describes is not new; it is as old as altruism; nor is it confined to ‘liberals’.” She says that this is the “…story of men who spend their lives apologizing for their own intelligence.” (Pg. 33)

Miss Rand then describes how this psychological process works out in the mind of the average college student. In an effort to avoid a massive quantity of quotations, I will summarize Miss Rand’s description of this process as best I can, as well as discuss some of my own observations that have led me to believe that Miss Rand is describing a psychological process that occurs very often in the mind of persons that usually self-identify as “liberals” or, more often today, as “progressives”.

When I originally read this essay in the mid-nineties, I was 19 or 20 years old. I hadn’t had enough experience to know if Miss Rand was right, so I just mentally “shelved” the issue. 20 years later, I’ve dealt with and seen enough people, and I’ve spent enough time thinking about their behavior, that I consider Miss Rand’s theory in “Altruism as Appeasement” to be a highly probable explanation for many people that are college educated, and self-describe as “liberals”, “progressives” or “social democrats”.

Miss Rand observes that bright children have a sense of being trapped in a “nightmare universe” when they are growing up. Growing up mostly in the Bible Belt and going to public school, I can relate to this description of childhood. In the South, large numbers of people will tell you that you are going to hell for some inherent moral vice called “original sin”, unless you repent your non-existent guilt to god. This could certainly be a frightening prospect for a child. In my own case, I started questioning the existence of god around age 13, and my mother must have sensed that because I was made to go to church despite the fact that I wasn’t particularly interested. Fortunately, the church that I was sent to was fairly “liberal”, and didn’t take the bible literally, so it could have been worse, I suppose.

Public schools, especially high school, were filled with their share of bullies -by which I mean children that would engage in low-level initiations of physical force, especially against anyone who didn’t seem to fit in, or that their emotions told them deserved such treatment. (By low-level initiations of physical force, I mean things like handing out quadriceps contusions —a “deadleg”- or being spit on, or having your books knocked out of your hands in the hall, etc.) Although in my case, by the 11th grade, most of the kids that were initiating physical force against others had either been removed from the school to a special “alternative school”, or were already in jail. Additionally, Plano Independent Schools contain a large number of children with parents that actually care about academic achievement and personal success, so my overall public school experience wasn’t what I’d call a “nightmare”. I suspect that an inner-city public school would be four years of complete hell all the way through, and make my experience look like I was living in Galt’s Gulch (a utopia).

I discovered Ayn Rand’s philosophy when I was about 15, and I did note that most people were hostile to Miss Rand’s ideas, if they knew about them at all. I did have a couple of teachers that seemed sympathetic towards her ideas, but that was rare. So, I can relate when Miss Rand says that the intelligent teenager wants to “…understand things and issues, big issues, about which no one else seems to care.” (Pg. 33)

Miss Rand goes on to say that most intelligent teenagers start college with the hope that it will be better, but their first year is too often a “psychological killer”(Pg. 33). He went to college hoping to find answers and meaning, and some companions to share his interest in ideas. She notes that he may find a handful of teachers that live up to his hopes, but “…as to intellectual companionship, he finds the same gang he had met in kindergarten, in playgrounds, and in vacant lots: a leering, screeching, aggressively mindless gang playing the same games, with latinized jargon replacing the mud pies and the baseball bats.” (Pg. 34)

I found Rand’s description of college to be fairly accurate at the University of Texas at Austin, which is easily the most left-wing school in Texas. One English professor was particularly terrible. He interpreted everything we read through the lens of “multiculturalism” and “feminism”. He told the class that Thomas Jefferson was a racist and a hypocrite when he wrote the Declaration of Independence. I raised my hand and disagreed with him. I told him that the Declaration of Independence may not have been consistently applied at the founding, but it formed the intellectual basis on which the nation eventually moved towards abolishing slavery. His response was that the civil war was the reason the slaves were freed. I disagreed, and said that slavery would have been abolished eventually anyway. In that professor’s mind, ideas had nothing to do with it. The use of physical force was all that mattered. It makes me wonder why he bothered to be a professor at all, if he thought ideas were so futile.

Going back to Miss Rand’s essay, how do too many intelligent college students deal with the intellectual wasteland that is college? “There are many wrong directions he can make at this crossroads, but the deadliest -psychologically, intellectually, and morally- is the attempt to join the gang at the price of selling his soul to uninterested buyers. It is an attempt to apologize for his intellectual concerns…by professing that his thinking is dedicated to some social-altruistic goal.” (Pg. 34) She notes that this is rarely a conscious decision on his or her part. It is done gradually and subconsciously and by semiconscious rationalization. She also notes that altruism “…offers an arsenal of such rationalizations: if an unformed adolescent can tell himself that his…subservience is unselfishness…he is hooked. By the time he is old enough to know better, the erosion of his self-esteem is such that he dares not face or reexamine the issue.” (pg. 34)

What is the psychology of an intelligent person who goes to college and professes that he is using his mind to serve others? Such a man or woman has some “…degree of social metaphysics [secondhandedness]…” (Pg. 34) The concept of “social metaphysics” requires some explanation, which Rand does supply: “Basically, a social metaphysician is motivated by the desire to escape the responsibility of independent thought, and he surrenders the mind he is afraid to use, preferring to follow the judgments of others.” (Pg. 34)

If you’ve read Miss Rand’s book The Fountainhead, the character Peter Keating is the ultimate “second-hander” or “social metaphysician”. If you haven’t read that novel, it could be thought of as the “go along to get along” type of personality. (https://en.wiktionary.org/wiki/go_along_to_get_along) It does not mean never compromising on non-fundamental or trivial matters. So, for instance if you are going to dinner with a friend, and they prefer Italian food and you want Chinese, and you compromise by going to an Italian restaurant, with the understanding that next time you will pick the restaurant, that isn’t social metaphysics. That is simply recognizing that there are a range of food preferences that vary by person, you can only go to one place at a time, and that friendship is about shared values, which means showing an interest in what your friends are interested in.

The social metaphysician regards society -others- as the standard of reality. The social order as it happens to exist is accepted by him, or her, and then he or she operates within it. A social metaphysician can be quite successful at operating within that social order, but she never questions it. This is why Rand called them social metaphysicians.

Metaphysics is the branch of philosophy that deals with the most fundamental aspects of the nature of reality. Metaphysics are the principles that must be understood before one can study particular sciences like physics or biology. For instance, in Miss Rand’s philosophy, she accepts the existence of an external universe as the given. The entities that make up the universe have a particular nature and those entities act in accordance with that nature. According to Miss Rand’s system of metaphysics, an entity is what it is regardless of anyone’s desires or wishes to the contrary. If one is a social metaphysician, then the metaphysical, i.e., reality, is less important than the “man-made”. The man-made includes all of our social institutions and customs. Unlike reality, the man-made depends on human choice, and could be other than it is. For instance, America is a Republic and not a Monarchy because people chose to make it that way. It’s continued existence as a Republic depends on human choice. The social metaphysician simply accepts these man-made customs as the given, and rarely questions them. In fact, a social metaphysician has so internalized this way of thinking, that anyone who questions generally accepted social institutions will make her feel uneasy.

Social metaphysicians who are less intelligent, and didn’t go to college, are the “good old boys” and “rednecks” that one might see in a small, rural town. The social metaphysician is also quite common in inner cities, but I don’t know what the polite word to describe them would be. For lack of a polite term, I will call them “black rednecks”. A “black redneck” from a large inner city like Chicago or New York will be highly critical of anyone from his neighborhood who studies hard and tries to better his economic standing. He will accuse high-achievers in his race of “acting white”. This is a perfect example of the social metaphysician attitude. The “black redneck” believes there are certain social customs and institutions that are not to be questioned -unfortunately those social customs and institutions in minority communities include the belief that gaining knowledge and education is not in accordance with being of African descent. Anyone from his racial group who defies those customs is therefore a traitor in the social metaphysician’s eyes. There was once a great episode of a show that I didn’t typically watch that covered this topic, “The Fresh Prince of Bel-Air” where the “nerdy” character “Carlton” is accused of being a race-traitor.

Another great essay by Rand describing basically the same mentality as this type of social metaphysician, the “anti-conceptual tribalist”, can be found in Philosophy: Who Needs It called: The Missing Link.

The intelligent teenager who goes to college and has the “social metaphysician” mindset will not become a redneck, though. He (or she) will become a “liberal” -which is the “educated” equivalent. To a social metaphysician college student, it seems like all of his professors and peers accept the idea that the individual must sacrifice himself to the “common good”. This means that in the social metaphysician’s eyes, the idea of self-sacrifice is one of the social institutions and custom of college. It is the social order that is not to be questioned.

The psychology of social metaphysics doesn’t entirely explain the “liberal mindset”, however. The college “liberal” is also engaged in “intellectual appeasement”: “…an intellectual appeaser surrenders morality, the realm of values, in order to be permitted to use his mind. The degree of self-abasement is greater [than the social metaphysician]; the implicit view of the mind -as functioning by permission of the mindless -is unspeakable. (Nor does the appeaser often care to speak of it.)” (Pg. 34)

“There are as many variants of the consequences [of being an intellectual appeaser] as there are men who commit this particular type of moral treason. But certain scars of psychological deformity can be observed in most of them as their common symptoms.” (Pg. 35) Rand then describes some common consequences of being an intellectual appeaser.

First, the intellectual appeaser tends to hate mankind in general, and to regard them as “…evil by nature, he complains about their congenital stupidity…” (pg. 35) I regard the “people are stupid” attitude as the hallmark of the “liberal” or “progressive”. “Liberal” politicians like Michael Bloomberg pass laws to restrict the size of sugary drinks because he thinks people are too stupid to regulate their own caloric intake. The “liberal”, intellectual appeaser view of “…the people at large is a nightmare image -the image of a mindless brute endowed with some inexplicably omnipotent power -and he lives in terror of that image…emotionally, he keeps feeling the brute’s presence behind every corner…The brute is the frozen embodiment of mankind as projected by the emotions of an adolescent appeaser.” (Pg. 35)

In my own experience, the belief that the majority of people are brutish is why most “liberals” are for gun control. They believe that most human beings are seething cauldrons of rage who will snap at the slightest provocation -that they are brutes. I saw this when Texas legalized concealed carry with a license in the mid-1990’s. “Liberals” claimed that it would lead to the “wild west” -with people shooting each other over trivial matters like parking spots. This is not to say that murder never happens, but the world today is arguably less violent than it has ever been. (“Steven Pinker: The surprising decline in violence” https://www.youtube.com/watch?v=ramBFRt1Uzk )

Second, a “…corollary symptom, in most intellectual appeasers, is the ‘elite’ premise -the dogmatic, unshakable belief that ‘the masses don’t think,’ that men are impervious to reason, that thinking is the exclusive prerogative of a small, ‘chosen’ minority.” (Pg. 36) In politics, this “elitism” manifests itself in the form of two types of “intellectual appeasers”. There are the more aggressive “liberals”, who believe in rule by physical force because “…people are unfit for freedom and should be ruled -‘for their own good’- by a dictatorship of the ‘elite’.”(Pg. 36) These are the Michael Bloomberg’s and Hillary Clinton’s of the world, who want to force people to buy smaller soft drinks or to buy health insurance because they are supposedly too stupid to take care of themselves.

Unfortunately, the other type of intellectual appeaser is predominately found in the Republican Party: “The more timorous type of appeasers, the ‘conservatives,’ take a different line: they share the notion of an intellectual ‘elite’ and, therefore, they discard intellectuality as numerically unimportant, and they concentrate on cajoling the brute (‘the masses’) with baby talk -with vapid slogans, flattering bromides, folksy speeches in two-syllable words, on the explicit premise that reason does not work, that the brute must be won through appeals to his emotions and must, somehow, be fooled or cheated into taking the right road.”(Pg. 36)

This analysis of conservatism provides a possible explanation for the popularity of Donald Trump in the Republican party. One thing I’ve noticed about Trump’s campaign is that it tends to be short on many specifics, but it contains a lot of emotional appeals, bromides, and verbal “put downs” of the other Republican candidates. This is not something new within the Republican party, though. Ronald Reagan was the master of “flattering bromides”, “folksy speeches”, and one-liners at debates. Trump is just a little bit more blunt in his delivery than Reagan was.

A third consequence of being an intellectual appeaser is moral cowardice, which is “…the necessary consequence of discarding morality as inconsequential.”(Pg. 36) For the “progressive” intellectual appeaser, the image of the brute is “…the symbol of an appeaser’s belief in the supremacy of evil…when his mind judges a thing to be evil, his emotions proclaim its power, and the more evil, the more powerful.” (Pg. 36)

This can be understood in terms of what the intellectual appeaser has accepted as “good” or “moral”. The intellectual appeaser is a proponent of self-sacrifice in the service of others, which is generally known as “altruism”. This means that “good” action for the altruist consists in destroying one’s own happiness and sacrificing one’s life in order to serve others. As a result, “good” and “right action” is self-weakening, and self-destructive. To the altruist, those who do not engage in self-sacrifice will be regarded as morally bad. However, the altruist can see that people who do not sacrifice themselves to others are more successful at living. For instance, someone who rejects altruism will have more wealth because they refuse to drain off their financial resources to help complete strangers. The person who rejects altruism has an easier life. In the altruist’s subconscious mind, the good has become associated with self-destruction, while the evil has become associated with the efficacious. The mistake lies in the intellectual appeaser’s belief that self-sacrifice is “the good”, when it is, in fact, the opposite of the good -if one wants to live.

The result of the intellectual appeaser’s inverted moral system is his belief that “…the self-assertive confidence of the good [the good by the standard of those who actually want to live] is a reproach, a threat to his precarious pseudo-self-esteem, a disturbing phenomenon from a universe whose existence he cannot permit himself to acknowledge -and his emotional response is a nameless resentment. The self-assertive confidence of the evil [those who violate individual rights] is a metaphysical confirmation, the sign of a universe in which he feels at home -and his emotional response is bitterness, but obedience. Some dictators -who boastfully stress their reign of terror, such as Hitler and Stalin -count on this kind of psychology. There are people on whom it works.” (Pg. 37)

The final result of this sort of moral cowardice of the “liberal” intellectual appeaser is to oppose those who want to live, the actual good, in order to appease those who want to violate individual rights, and eventually “…to pounce upon every possible or impossible chance to blacken the nature of the good and to whitewash the nature of the evil.” (Pg. 37) This is why so-called “liberals” were always quick to apologize for atrocities and human rights violations committed by the Soviet Union. It’s also why “liberals” engage in ad hominem criticisms of Ayn Rand because she collected social security -like we’re all supposed to be forced to pay into that system and then “fall on our own swords” and not try to collect out of it. (This is altruist thinking.)

A fourth consequence of being an intellectual appeaser can be seen in art. “Progressives” are always fascinated by movies and art that is a “…projection of cosmic terror, guilt, impotence, misery, doom…” (Pg. 37) “Liberals” and “progressives” are fascinated with movies that study “homicidal maniacs” (Pg. 37), like “Natural Born Killers” or “Dexter” because of their subconscious belief that such people are the norm. They believe destruction is the norm, while creation is an aberration, because they hate mankind.

A fifth consequence of being a “liberal” intellectual appeaser is “…the dry rot of cynicism…”(Pg. 38) that eventually sets in. As the “liberal” appeaser grows older, any “…pretense at any belief in altruism vanishes from his [or her] mind in a very few years, and there is nothing left to replace it: his independent capacity to value has been repressed -and his fear of the brute makes the pursuit of values seem hopelessly impractical.” (Pg. 38) I suspect that this is the point that has been reached by a politician like Hillary Clinton. At this stage in her life, she is probably running on fumes. Her denial of any responsibility in the attacks on the American embasy in Benghazi, and her attempt to shift blame onto a YouTube video shows this sort of cynicism. In response to Congressional criticism about Benghazi, Hillary Clinton said: “What difference at this point does it make?” (https://www.youtube.com/watch?v=Ka0_nz53CcM) It doesn’t make any difference in Clinton’s mind, because the truth doesn’t matter. All that matters to her is whether she can con the American people into making her President.

Sixth, the intellectual appeaser ultimately spends so much time pandering to her own image of the “the masses” as a stupid, irrational mob, that she eventually “…assumes the standards of those he [or she] professes to despise…Any man who is willing to speak or write ’down,’, i.e., to think down- who distorts his own ideas in order to accommodate the mindless, who subordinates truth to fear -becomes eventually indistinguishable from the hacks who cater to an alleged ‘public taste.’ He joins the hordes who believe that the mind is impotent, that reason is futile, that ideas are only means of fooling the masses (i.e., that ideas are important to the unthinking, but the thinkers know better…” (Pg. 38) In my own experience with self-described “liberals” and “progressives”, this has been true. They will imply to me that reason is just a means of tricking or fooling people, and that objective truth is not even possible.

Ayn Rand had a more realistic picture of the majority of mankind than the “liberal” appeaser: “No, men are not brutes; neither are they all independent thinkers. The majority of men are not intellectual initiators or orginiators; they accept what the culture offers them….their abstract range is limited…The truly deliberately evil men are a very small minority; it is the appeaser who unleashes them on mankind; it is the appeaser’s intellectual abdication that invites them to take over…When the ablest men turn into cowards, the average men turn into brutes.” (Pg. 39)

Ayn Rand was not pessimistic about the future, so long as the more intelligent people refused to become altruistic intellectual appeasers: “No, the average man is not morally inocent. But the best proof of his non-brutality, of his helpless, confused, inarticulate longing for truth, for an intelligible, rational world -and of his response to it, when given a chance he cannot create on his own -is the fact that no dictatorship has ever lasted without establishing censorship.” (Pg. 39)

How does one avoid becoming an intellectual appeaser? By being “…proud of his intelligence -regardless of their [the average person’s] approval or disapproval. No matter how hard this might be in a corrupt age like ours, he has, in fact, no alternative. It is his only chance at a world where intelligence can function, which means: a world where he -and, incidentally, they -can survive.”  (Pg. 39)

Regrettably, I suspect that by the time most people are about 30, it would be very difficult for them to change. They have too many habituated behaviors and thought patterns. But, Ayn Rand remains popular with the young, so I think that there is still a chance.

“Structural” versus “Declaratory” Provisions of the Constitution and Originalism

For purposes of this paper, the provisions of the U.S. Constitution can be broken down into two different major categories. The first category of provisions are “structural”. These include such things as Article I, Section 8, which sets forth the powers of Congress, all of Article II, some of Article III, Article V, and Article VI. (This is not an exhaustive list.)

These structural provisions of the US Constitution set forth things like how a bill becomes a law; that the Congress will be divided into a House and a Senate; how congressmen and the President are elected; how long congressmen, Supreme Court Justices, and the President serve; how treaties are ratified, etc. Most of these “structural provisions” could have been arranged differently. For instance, it is conceivable that the Founders could have decided to have a unicameral legislature (one chamber of Congress instead of two), or that they could have made the President’s term of office 6 years instead of 4.

Most of these “structural provisions” were based in political expediency, or in the historical and social circumstances of the states at the time the US Constitution was ratified. For instance, at the Constitutional Convention, there were two competing “plans”. These two plans represented differing interests of low-population states versus high-population states, as well as other interests of the time.

The first plan, put forth by James Madison and Edmund Randolph, became known as “the Virginia Plan”. It called for a much more unified Republic with state sovereignty significantly reduced by allowing the national legislature to veto all state laws.[1] By way of contrast, the Constitution actually adopted just implicitly says that state laws that are contrary to the Constitution are void under the Supremacy Clause of Article Six, Clause 2, but it does not empower Congress with a cart-blanche veto power over any and all state laws.

Large states like Virginia supported this plan because it would give high-population states more power in the national legislature. Low-population states preferred the New Jersey Plan, which would have created a single unicameral national legislature that kept the one-vote-per-state representation found under the Articles of Confederation. With the New Jersey Plan, small states could more easily prevent large states from enacting legislation that would have trampled on their sovereignty as states. The New Jersey Plan was more of a modification of the existing Articles of Confederation, while the Virginia Plan threw out the Articles altogether.

At the end of the day, neither the Virginia Plan nor the New Jersey Plan was enacted. The document eventually adopted regarding legislative power was reflected in the “Connecticut Compromise”. It retained the bicameral legislative features of the Virginia plan. Also like the Virginia plan, in the lower house, there would be proportional representation based on state population. However, the upper house would have two representatives per state, thereby ensuring that low-population states could not be dominated by high-population states in the new Congress.[2]

The other major category of provisions that can be found in the US Constitution are what I call the “declaratory provisions”[3]. These provisions don’t set forth the powers of government or government officials, or how government is to operate. Instead, they state certain fundamental rights that citizens or residents of the United States possess. Most of these “declaratory provisions” are found in the first Ten Amendments to the US Constitution. For instance, Amendment I says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

These first ten Amendments reflect the Enlightenment tradition of individual rights[4], and were adopted in order to placate the anti-federalist critics of the Constitution. At the time, some state constitutions included a bill of rights[5], and the English legal tradition, as embodied in the Magna Charta, often had a declaration of rights. During the debates leading up to the ratification of the US Constitution, Madison and Hamilton responded to anti-federalist complaints about the lack of a declaration of rights in the proposed document by saying it was unnecessary, and that such a declaration could actually be dangerous to the rights of individuals.

Hamilton’s opposition to a bill of rights can be found in Federalist Number 84:

The most considerable of these remaining objections [of the Anti-Federalists] is, that the plan of the convention contains no bill of rights….I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power. They might urge with a semblance of reason, that the constitution ought not to be charged with the absurdity of providing against the abuse of an authority, which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it, was intended to be vested in the national government. (Emphasis added, Federalist Number 84, http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss7.html )

In essence, Hamilton said that there was no need for a declaration of the right of freedom of the press in the new Constitution because the Constitution did not authorize the Federal government to regulate the press at all. Article I, Section 8 sets forth the scope of Congress’ powers, meaning that unless a power is granted to Congress under this section, then it has no power to act. Since there is no power to regulate the press, Congress does not have the power, and it can make no law regarding press or speech.

Additionally, Hamilton goes on in the above-quoted text to note that a bill of rights provision stating that Congress can make no law regarding the freedom of the press could be construed as meaning that Congress has this power –that it might give a “…plausible pretence for claiming that power…” In other words, a bill of rights for Hamilton and Madison, could actually be dangerous because someone might assume that Congress has the power to regulate speech and press, when, under Article I, Section 8, it has no such power.

At the end of the day, Hamilton, Madison, and other supporters of the new Constitution compromised on the issue of a Bill of Rights. In order to avoid the problem of “constructive powers” being implied to the new Federal government under the Bill of Rights, the Ninth and Tenth Amendments were probably included:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”[6],[7]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

In other words, the 9th and 10th Amendments ensure that the people retain all of their rights, not just the ones set forth in the Constitution, and that the Federal government only has the power to act insofar as it has been delegated powers under the Constitution.

In order to properly understand this distinction between “structural” provisions on the one hand and “declaratory” provisions on the other, it is necessary to move into the realm of political philosophy and philosophy of law. Specifically, it must understood what a constitution is, and what purpose it serves.

Human life is not guaranteed. If one wants to live, then one must take certain actions. Such actions are a necessary condition for living. Man posses a rational faculty that allows him to comprehend laws of nature and to adjust his natural environment, in accordance with those laws, to maximize his chances of survival. For instance, someone recognizes that it is human nature to require protection from the snow, the rain, and the cold. A man’s chances of survival are maximized when he is protected from certain weather conditions. He also notices that certain types of plants and trees, when properly harvested and arranged, can provide a barrier against the weather. So, he gathers naturally occurring elements like trees, rocks, and dirt, and combines them to build a house. Another man recognizes that he needs nourishment, and he learns to build weapons to hunt the lesser animals with, or he makes a plow and plants seeds to grow crops.

Food, shelter, clothing, and other values are necessary for man’s survival, and are typically not found in nature, or are not sufficiently plentiful to sustain man’s life. As his technology and scientific knowledge grows, man’s capacity to improve his life grows. Men have gone, over several millennia, from living in caves to building rockets to the Moon -all thanks to man’s capacity to recognize reality, formulate general principles of cause and effect, and to act accordingly. Man’s mind allows him to recognize cause and effect relationships amongst entities that exist, to recognize his own nature as a living being and a rational animal, and to take action aimed at his survival.

Just as other inanimate entities have a certain nature, so does man. Man is the “rational animal”. He is a living organism of a certain kind and, in principle, he must therefore act in accordance with that nature if he wants to survive. A man cannot live like a plant, by merely sitting and absorbing nutrients from the sun and the soil. A man must engage in a process of thought, and create the wealth necessary for his survival. Men also have the capacity to engage in collaborative endeavors amongst themselves that benefit all participants. Men can trade with other men, which means that individual human beings gain from certain types of associations with each other. If men are going to benefit from each other, they must recognize that each individual living in society acts to provide the things necessary for his survival, if he wants to live. All men must recognize the moral principles defining and sanctioning an individual’s freedom of action in a social context. These moral principles are known as individual rights. Although the list is not exhaustive, fundamental individual rights include the right to live and the right to private property. The right to live is the ultimate individual right, and forms the basis of all rights.

Although most choose to live as traders and producers, some human beings choose not to think and produce their own values. Some will attempt to take what others have produced by means of force. Such people are known as “criminals”. The criminal attempts to gain values from others not by voluntary trade, but by means of force or the threat of force. A criminal substitutes reason and persuasion for force in an effort to gain values from others, or to destroy the values of others. Criminals are force-initiators. They use their fists or a weapon, or they threaten the use of force, to gain what others have produced without their voluntary consent.

If men are to live together in society, then they must create an institution or collaborative agreement to protect those who want to live by means of reason, persuasion, and trade from those who wish to destroy or take the values of others by means of physical force. Although in an emergency, each individual has a right to use force in retaliation and to defend himself from a force-initiator, a formal institution to stop such force-initiators, with objective rules of procedure and fair notice of what is prohibited, is necessary once a society gets beyond a certain point in size and geographic scope. This organization is known as “government”.

There are various reasons why government is necessary if rights are to be protected, and this paper is not meant to be an exhaustive critique of the political philosophy of anarchism, but some of the major reasons why government is essential for the protection of individual rights will be discussed prior to turning to constitutional law.

Without a central governmental authority, it is difficult for others to know whether a person using force in retaliation against a criminal is truly acting in retaliation. Concretely, imagine that a criminal has stolen a person’s property. The victim then goes to the criminal’s house, and holds him at gunpoint while recovering his stolen property. If others see only the victim holding the criminal at gunpoint, how will they know that this is not a robbery? If the criminal’s family or friends see this, and know nothing about the circumstances, then they might mistakenly believe that the victim is the force-initiator, and use force to stop what they perceive as a robbery. This in turn would lead the victim’s family and friends to counter-retaliate, and society could devolve into gang-warfare.

By instituting formal rules of procedure in this situation, misunderstandings can be minimized. The victim of a burglary goes to a socially recognized authority, the police, and files a complaint. The police then investigate, while ensuring that the rights of the accused are respected. Another branch of the government, the courts, then make a determination, in accordance with pre-established rules of evidence and procedure, as to whether the property was in fact stolen, and issue a ruling.

Another important function that only a government can serve is to provide all members of society with prior notice of exactly what actions are violations of individual rights. Citizens elect representatives who then gather periodically and promulgate rules prohibiting certain actions that would violate individual rights. This representative body is generally called a “legislature”, and it sets forth the elements of crimes. For instance, at English Common Law, murder was defined as: (1) unlawful, (2) killing, (3) of a human, (4) by another human, (5) with malice aforethought. The legislature promulgates a statute which sets forth each of these elements, and they must all be proven by a certain standard of proof in a given circumstance before one can be shown to be guilty of the crime of “murder”.

Governments are instituted among men and derive their powers from the governed, who delegate some of their right to retaliatory force to that institution so that individual rights can be protected, and everyone can be assured that their own rights will be protected if they, or their friends or family, are ever accused of a crime. Government isn’t there just to do justice, but to show justice, and only justice, being done. It is there to assure everyone in society that force is only being used to protect individual rights. But, this raises a new problem. How to ensure that those acting on behalf of government –the police, the military, the courts, and the legislature- do not themselves become force-initiators? If the fundamental powers of government are written down in a document, then it is clear what actions government officials can take, and the exact procedures for taking such actions. Any power not granted by this written document is not a power delegated to the government by “the people”. This is the purpose of a written constitution. In other words, a written constitution can be defined as the fundamental charter delegating the peoples right to the retaliatory use of physical force to a central authority. Only the powers granted to government agents in a written constitution are authorized.

The difference between these two types of provisions found in the US Constitution suggests that they have different origins and should be interpreted in accordance with different methodologies. As was already stated, the “structural” provisions of the Constitution represent decisions at the time the particular document was adopted. They represent the political and social circumstances at the time of ratification, and might be significantly different if circumstances had been otherwise. The “declaratory” provisions tend to be more “abstract”, “timeless”, or “universal”. For instance, a right to freedom of speech and the press is seen as essential to all human beings everywhere, and under all circumstances, while the creation of an upper house of the federal legislature whose members are chosen by individual state legislatures (the Senate) is more a matter of social, economic, and political circumstances at the time of adoption. In some other nation, with some other set of historical circumstances, a unicameral legislature might make more sense. The structural provisions represent the compromises that made the union possible. The structural provisions have a role to play in ensuring rights are protected via such things as separation of powers and checks and balances, but they presuppose the rights that they protect.

Given what has been said about the strong role of historical, political, and social context at the time they were ratified, the structural provisions of the US Constitution should be interpreted in accordance with that historical, political, and social context. In other words, the structural provisions of the Constitution should be interpreted in accordance with original meaning, as described by Justice Antonin Scalia and others.[8] The reasoning here is fairly simple: (1) A constitution is the fundamental charter delegating the people’s right to the retaliatory use of physical force to a central authority, and only the powers granted to government agents in the written constitution are authorized; (2) “the people” currently living may not have ratified the constitution, but they are free via its amendment process to alter it at any time; (3) since the currently living have chosen not to amend the enacted constitution, they must still prefer its original terms. When judges interpret these structural provisions of the Constitution, they should therefore look to original meaning on the assumption that it is what the current generation of the body politic prefers. Since most of these provisions have to do with the powers and structure of government, it would undermine the idea of “the consent of the governed” for judges to reinterpret, for instance, how a bill becomes a law. It would abrogate the consent of the governed if the courts suddenly decided that “times had changed”, and only a majority of Senators had to vote for a bill that was signed into “law” by the President, and by-passed the requirement that a majority of the House of Representatives also vote in favor.

Using “original meaning” makes no sense with regard to the “declaratory” provisions of a constitution because these provisions describe universal individual rights, and the protection of rights is the very purpose of government, and a constitution, in the first place. Individual rights are conceptually and logically more fundamental than any written constitution, and form the underlying moral foundation for a written constitution. The source of rights is not divine law, and it is not Congressional law. As discussed, rights are moral principles defining and sanctioning an individual’s freedom of action in a social context. They ensure that the individual is free to live in society. People have freewill so, they can choose not to respect individual rights. However, when the majority of a society fails to respect rights, it will disintegrate. Only a society that respects rights to life, liberty, and property can remain functional long-term, because it is the only society that leaves people free to think and act on their own best judgment in the maintenance of their individual lives.

[1] See The Creation of the American Republic, 1776-1787, Gordon S. Wood, Chapter XII, “The Worthy Against the Licentious”, Section 1, “The Federalist Revolution”: “Not only should the national government have a ‘positive and complete authority in all cases where uniform measures are necessary,’ as in finance, commerce, and foreign policy, but it should have ‘a negative, in all cases whatsoever, in the Legislative acts of the States, as the King of Great Britain heretofore had.’”

[2] See The Creation of the American Republic, 1776-1787, Gordon S. Wood, Chapter XIII, “The Federalist Persuasion”, Section 7, “The Redefinition of Bicameralism”: ”With the ‘Connecticut compromise,’ which provided for two senators from each state, the Federalists found a justification for the upper house that they had not anticipated. ‘The people will be represented in one house, the state legislatures in the other,’…The Senate now became a means of restraining ‘the large states from having improper advantages over the small ones.’”

[3] Hamilton also appears to make this “structural” versus “declaratory” distinction in the Federalist Papers: “Independent of those, which relate to the structure of the government, we find the following: Article I. section 3. clause 7. “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.” Section 9.” http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss7.html

[4] The Meaning of the American Revolution, Dan Lacy, Chapter 1, “The Eighteenth-Century World”: “The general body of thought we call Newtonian was most effectively applied to social issues by another Englishman, John Locke (1632-1704)…they dominated political thought for a century to come and provided the philosophical basis for the American Revolution.”

[5] See The Creation of the American Republic, 1776-1787, Gordon S. Wood, Chapter VII, “Law and Contracts”, Section 2, “The Contract of Rulers and Ruled”.

[6] James Madison, The Writings of James Madison, comprising his Public Papers and his Private Correspondence, including his numerous letters and documents now for the first time printed, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1900). Vol. 5. 6/26/2015. http://oll.libertyfund.org/titles/1937#Madison_1356-05_877: “The exceptions here or elsewhere in the Constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people, or as to enlarge the powers delegated by the Constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.”

[7] James Madison, The Writings of James Madison, comprising his Public Papers and his Private Correspondence, including his numerous letters and documents now for the first time printed, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1900). Vol. 5. 6/26/2015. http://oll.libertyfund.org/titles/1937#Madison_1356-05_898: “It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard urged against the admission of a bill of rights into this system; but, I conceive, that it may [385] be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution. [See above footnote for this clause.]”

[8] Section 70, “The false notion that the Living Constitution is an exception to the rule that legal texts must be given the meaning they bore when adopted”. In: Scalia, A. and Garner, B. (2010) Reading Law: The Interpretation of Legal Texts, “Preface”. St. Paul: Thompson/West Publishing.

The Rwandan Mass Murder of 1994

I have been researching the mass murder that occurred in Rwanda over the course of a couple of months, starting in March of 1994. This was precipitated by the death of the President of Rwanda who’s plane was shot down by unknown persons. It’s estimated that anywhere from 500,000 to 1,000,000 people, mostly identified as “Tutsis”, were murdered by militias and government soldiers, most of whom were identified as “Hutu”.

The parallels to the holocaust during World War II are readily apparent. There was an extreme xenophobia resting in a “tribal-mindset” and a generalized belief on the part of the Hutus that their problems were the result of the hated minority group. The people committing mass murder also had the same mindset as the average German: that if their government ordered them to commit murder, then they had no choice but to obey.

The Objectivist position is that this “tribal mindset” in Germany was formalized by the works of Immanuel Kant who stated that one must do one’s “duty” in spite of any desires to the contrary. Kant also said that your “noumenal self” actually wants you to do your “duty”, even though there is no rational way to know what your “noumenal self” wants. The Nazi “translation” of Kant was to say that your “Aryan blood” tells you what your duty is, and, in practice, this probably just reduces to: “duty is whatever the leader says it is”.  Both 1994 Rwanda and WWII Germany were marked by a distinct anti-individualism with mystic notions about the power of the ethnic or tribal collective’s authority to govern the individual.

Since Rwanda is a non-Western culture, I don’t know where the Hutu majority got their anti-individualist mindset.  Rwanda was a German colony prior to being taken over by the Belgians after World War I, but I don’t know that German culture would have permeated Rwanda that quickly or comprehensively to call that the cause from the standpoint of the history of ideas. This “tribal mindset” is probably common in any primitive society, although I think it would be interesting to see if German ideas gave the “Hutu power” movement academic and cultural respectability.

The other interesting parallel between Nazi Germany and 1994 Rwanda is the lack of racial difference between the group committing mass-murder and the group that was the victim of the mass-murder. The hatred was not based on race, since Hutus and Tutsis are racially indistinguishable, just like Germans and Jews were racially indistinguishable. Although I found commentators referring to Rwandan culture as racist, I think a more accurate description might be “tribal mindset”.

References:

[1]”The most profound factor fueling the transmission of genocidal ideology from the regime to the masses, however, was the longstanding and deeply ingrained racism of Rwandan society. Racism develops when the objective differences between oneself and others are not accepted but rather morally condemned. The ‘other’ is construed as categorically evil, dangerous, and threatening. For decades, Rwandan society had been profoundly racist. The image of the Tutsi as inherently evil and exploitative was, and still is, deeply rooted in the psyche of most Rwandans; this image was a founding pillar of the genocide to come. Although ethnic peace had prevailed during most of the regime, the racist nature of Rwandan society had not changed.” (“4 Rwanda’s Lack of Resources and Extreme Poverty Provided the Breeding Grounds for Genocide” by Peter Uvin, found in _The Rwanda Genocide_, Opposing Viewpoints Series, Edited by Christina Fisanick, ISBN: 0-7377-1985-0, 2004, Greenhaven Press.)

[2]“Now, having ‘returned’ to a country many of them did not know, they were confronted with the triple conundrum of dead relatives, limited economic opportunities, and cultural strangeness. They were discovering that, paradoxically, Tutsi survivors often had more in common with their Hutu neighbors than with themselves. They started to divide and quarrel according to their synthetic ‘tribes of exile,’ that is, the countries where they had spent their years away from Rwanda. There were ‘Zairians’, ‘Burundians,’ ‘Tanzanians,’ and ‘Ugandans,’ as well as those from more exotic places not ranking high enough in terms of returnee numbers to constitute a serious network of solidarity. If these distincutions didn’t matter too much in daily life, they mattered a lot as soon as politics, business, or the military was involved. Networks and mafias emerged, struggling for political control and economic advantage in the midst of the ruins.” (“Chapter 1: Rwanda’s Mixed Season of Hope (July 1994-April 1995), _Africa’s World War: Congo, The Rwandan Genocide, and the Making of a Continental Catastrophe_ Gerard Prunier, Oxford University Press, 2009, ISBN: 978-0-19-537420-9)

[3]_The Ominous Parallels_, Volume 3 of Ayn Rand library, by Leonard Peikoff

[4] “Tribalism” in _The Ayn Rand Lexicon_

How Should State Constitutions Be Amended?

I am currently reading a book called “The Creation of the American Republic, 1776-1787”, by Gordon S. Wood, and it has stimulated my thinking about Constitutional issues. My purpose here isn’t to provide the reader with a book review, but to discuss what I now believe is the proper amendment process for a state constitution.

What I am saying here is only applicable to a state constitution, or to the constitution of a non-American republic that doesn’t have a federal-state system of government like the United States. The reason it isn’t necessarily applicable to the U.S. Constitution is because that document represents a sort of balance between the need for a national government on certain issues and the sovereignty of states. (I am not saying that I am necessarily opposed to one consolidated national government, without state governments, for the country currently called the United States. Whether our current Federal system is ideal is an issue for another day. It is certainly better than any other government now in existence.)

Before I discuss this proposed constitutional amendment process, I want to discuss the concept of a constitution. First, it must be kept in mind that the institution of government is man-made. This seems obvious, so why state it? I believe it is easy to adopt a subconscious mind-set that sees government as a natural feature of the world, that has an existence apart from the society that has created it. For instance, the British system of government is a product of hundreds of years of tradition, which doesn’t have a written constitution. I think it would be easy for people to forget that this institution is a creation of men, and can be changed or destroyed by men. Just as “society” is nothing more than a number of individual human beings, government is nothing more than an institution created and sustained by a number of individual men. Since government doesn’t exist apart from the men who create and maintain it, then why does it exist at all? All man-made creations should serve some purpose, and, ultimately, further human life. For instance, the automobile is a man-made thing that serves the purpose of transportation, which ultimately makes human lives more easy and convenient. Government is also a man-made thing, and should therefore serve certain functions.

What is the purpose of government? What function does it serve? Ultimately, government serves man’s life. More immediately, human beings must take certain actions in order to live. At the most basic level, they must produce food to eat, shelter to protect them from the elements, and all of the tools that allow them to acquire these things. Other human beings have the capacity to prevent men from taking the actions necessary to live by means of physical force. For instance, a robber uses a weapon to take what others have created to further their own lives. Therefore, in order to live, men must be free from other’s use of physical force in a manner that deprives them of the values they have created for their continued survival. It must be recognized that men are entitled to take actions necessary for maintaining their lives in a social context. People who use physical force to deprive others of the material values they have created are called criminals. Criminals must be restrained by means of physical force. For instance, a robber is put in a jail to prevent him from committing more crimes. (The length of time that a criminal should spend in jail depends on a calculation that takes into account, at a bare minimum, the level of threat that he represents to the lives of other people versus the possibility of him changing his ways -all human beings with normal functioning brains have the capacity to change.)

Each of us could individually take action to restrain criminals, but this would be inconvenient, since most of us do not want to spend our time apprehending thieves, rapists, and murderers. Government is a delegation by the population of the means of restraining criminals. (I also believe that there are other reasons why the restraint of criminals must be delegated to a central authority, and that anarchy is not compatible with a free society. In general terms, anarchy is not compatible with ensuring that a crime has been committed, and with establishing to other’s satisfaction that your use of physical force, and the amount of force used by you, to stop a criminal is justified. I believe this is what is meant by “due process”.) To sum up, an essential function of government is to ensure that the people who want to take action to further their own lives are free to do so.

Another feature of government that must be kept in mind to understand the concept of a constitution is this: government is a product of human association and collaboration. Since government involves a group of people, and since people must bring it into existence, there must be communication, collaboration, and agreement amongst those people about how the functions that government serves will be carried out. An implicit assumption contained in the need for collaboration and agreement amongst the people about the details of how government will operate is the fact that there is often more than one way to perform many government functions. Each state of the United States carries out the legitimate functions of government slightly differently. None of these arrangements are necessarily “right or wrong” in a universal sense. For instance, in the State of Texas, the final state court of appeal is divided into two separate courts. One court handles criminal appeals, and the other handles civil appeals. In other states, and in the Federal system of the United States, the final court of appeal is a single court that handles both criminal and civil appeals. Other issues that could come up include: Should the legislature be unicameral or bicameral? Should all criminal prosecutions be by means of indictment of a grand jury only, or should misdemeanor prosecutions be allowed to proceed by “information” (a charge leveled at the discretion of the District Attorney)? Which is better? (I do not know, and reasonable minds could easily disagree on such details.) Many of these details regarding how a particular government will operate will depend on the particular circumstances and context of any particular society, and the needs of a particular society may change over time. Since so many details depend on context, the people in a society must discuss what their particular needs are, and come to an agreement. Compromises may also need to be made regarding certain features of a particular government. A constitution is the most fundamental agreement amongst the people of a society about how governmental functions will be carried out in a particular society.

So, how should this fundamental agreement amongst the people about how governmental functions will be carried out be reached? Since American states already have constitutions, I will start with the assumption that there is a pre-existing institution that performs governmental functions, and propose a process for amending state constitutions that I think would better reflect the need for broad-based societal agreement over how governmental functions should be carried out in practice.

Every two or three election cycles, a question is placed on the ballot used for electing representatives to the legislature. The question would be something like: “A constitutional convention shall be called.” The voters will either check “yes” or “no”. If three quarters of all registered voters check “yes”, then a constitutional convention (a “Convention”) shall be called within a certain period of time (within about 6 months). The reason three quarters of all registered voters must vote in favor of a Convention is because a constitution is the fundamental political agreement amongst the people, so before it can be changed, there must be broad support amongst the people in favor of change. This ensures broad-based societal agreement about the basic structure of government. It is also not enough to call a Convention based on a mere three quarters of the people who happen to vote in that particular election because, in some elections, voter turnout can be low, and it would be too easy for particular interest groups to get their own supporters out to vote in favor of calling a Convention even though the majority of the population is not in favor of a change.

If three quarters of the registered voters are in favor of a convention, then there is a special election to elect Convention Delegates. Delegates for the Convention should be chosen in a manner that ensures that they are representative of the people. Probably, they should be chosen in accordance with existing voting districts for the lower house. (The “lower house” is the legislative chamber that is usually seen as being the most “representative” of the people, and usually bases representation of each district on population levels. In the Federal system of the United States, it is the House of Representatives.) Existing voting districts for the lower house are used for purposes of efficiency, since these districts would be readily known to everyone. (However, I also think that it would also be appropriate, and possibly advantageous, to create special voting districts for the sole purpose of electing Delegates to the Convention.) What is important to keep in mind is that each voting district for the Convention gets a number of Delegates in proportion to the population of registered voters in that area. So under my plan, each voting district for Convention Delegates gets the same number of Delegates as they received in the most recent legislative session for the lower house. This is done because the lower house usually bases the number of representatives each district gets on population, which means that the areas with greater populations will get to send more Delegates to the Convention. Linking the number of Delegates at the Convention to population is based on the fact that a constitution is a fundamental political agreement amongst the people, which means it must reflect the will of the population. The membership criteria for Delegates to the Convention under my plan would be the same as the criteria for membership in the lower house of the legislature. This is because the lower house of the legislature usually has the lowest criteria in terms of age, residency, and (in the past) property ownership.

Individual Delegates to the Convention are chosen for each voting district by means of election. The exact election process could be done in different ways, but I would prefer a non-partisan election, in which the highest vote-getters get to be Delegates, without any sort of primary. For instance, if a particular district gets three Delegates, then the top three vote-getters get to be delegates.

At the Convention, constitutional amendments are proposed by individual Delegates, and then voted on by all of them. If a proposed constitutional amendment gets 51% of the votes of the Delegates at the Convention, then it will be sent to the people for a ratification vote. I am uncertain at this point of the details of how a Constitutional Convention would be run, other than the requirement that a proposed amendment get 51% of the Delegates’ votes, but I think it could be left up to the Delegates to set their own rules of procedure for how amendments would be proposed to the Convention, and debated on. One other necessary rule regarding the Convention: it must last for only a set period of time. This is to ensure that it doesn’t become a permanent body. Any amendments proposed by it after this set time period are considered null and have no legal validity.

As I already noted, all proposed amendments of the Convention will be sent to the people for a ratification vote. If three quarters of the registered voters vote to ratify an amendment, then it becomes a part of the constitution. Just as when the Convention was called, requiring three quarters of registered voters to ratify an amendment ensures that it does represent an agreement of the people.

I would now like to compare this proposed Constitutional Amendment process with the current amendment process of the State of Texas, in which the state legislature plays a role. This will illustrate what I think is wrong with an existing legislature having a role in the amendment process of a constitution. It would appear that the Texas State Constitution (as of 2009) allows for the lower house of the Texas legislature to propose constitutional amendments on a 2/3 majority vote. It also appears from the text of the state constitution that a mere majority of the actual votes cast by the population will ratify the proposed amendment and make it part of the Texas State Constitution. This process has two major flaws. First, allowing the Texas State legislature to act as a Constitutional Convention is problematic. Since a legislature is a part, or aspect, of government, it has no greater right to exist than the government itself does. Since government is a delegation by the people of the right to the use of physical force to restrain criminals, it seems fundamentally contradictory for the members of the legislature, who have been delegated that power, to play a role in the process of the delegation of that very power. In order for a legislature to be an actual representative body, as opposed to a sort of aristocratic body, there must be some more fundamental, and prior, agreement amongst the people represented about the basic terms under which the legislature is to exist, such as: how and when the legislators are elected, for how long they meet, how long they are to serve, on what matters they may legislate, etc. Logically, these issues must be decided by the people prior to the establishment of a legislature. It is possible to combine a legislature and a constitutional convention in one body of people, but this would be a bad idea. The legislators would tend to create a constitution that favored the legislature as an institution, whereas a body of people whose sole purpose is to create the constitution would have to live under that constitution, so they would create a document that is more representative of the people’s will.

Convening a special body just for the purpose of creating or amending a constitution will also ensure that the best and the brightest Delegates will be elected to the Convention. Once a Constitution is established, any particular legislative body can have less intelligent and competent people in it because the Constitution will have institutional safeguards in place against legislative tyranny, such as the courts to strike down unconstitutional laws. Also, while the best and the brightest might be willing to serve, for a short period, in the creation of a Constitution, they may not desire a career in politics, so the legislature may normally be composed of people of lesser abilities. It is okay for any particular legislature to be filled with incompetents, because its powers are already defined by a constitution, so the damage they can do is not as great. A constitutional convention filled with incompetents would be a disaster, because they are setting the broad terms by which all future legislatures, executives, and judges are to govern. In essence, a special Convention that meets for that sole purpose, and then is dissolved provides an extra institutional safeguard against any sort of legislative tyranny, and insures that the most competent people are involved in the constitutional drafting/amending process.

The second major flaw I see with the current amendment process for the Texas state constitution is that it appears to only require a simple majority of the people that actually vote regarding the proposed amendment to ratify it. This means that a very small segment of the population can ratify constitutional amendments, and would tend to encourage small interest groups to write constitutional law. There is no assurance that the particular constitutional amendment that is ratified represents the agreement and consent of “the people”, just special interest groups.

A perusal of the Texas State Constitution reveals that much of it reads more like a set of statutes than a constitution. The important, fundamental, portions of it, are drowning in a sea of trivial provisions. By separating out the constitutional amendment process from the legislative process, and by requiring a super-majority of the voters to ratify, I believe a better constitution can be maintained, and that it will truly represent a fundamental agreement of the people, rather than a legalistic collage of special interest groups.