Henry’s reading seems quite straightforward and I’m really not seeing why Vallier isn’t seeing it. Let’s take it slow and straighten the curves as we go.
Hayek:
This means, among other things, that even a strong tradition of political liberty is no safeguard if the danger is precisely that new institutions and policies will gradually undermine and destroy that spirit.
The consequences can of course be averted if that spirit reasserts itself in time and the people not only throw out the party which has been leading them further and further in the dangerous direction but also recognize the nature of the danger and resolutely change their course. There is not yet much ground to believe that the latter has happened in England.
There are two ways to read it. First, as Henry does: ‘danger’ basically refers to the welfare state. So when Hayek says we can still change course, to avoid the danger, that means it’s not too late to overthrow the welfare state. But there is no way to avoid the danger short of that. Henry points out that this turns out to be empirically wrong.
Vallier, I take it, takes ‘danger’ to refer not to the welfare state but to its bad effects. So when Hayek says we can still change course, to avoid the danger, that doesn’t mean overthrowing the welfare state. It might mean keeping the welfare state but avoiding the bad effects. Hayek says ‘of course’ this is possible because it’s obvious to him that the welfare state isn’t, inevitably, the road to serfdom.
Now, obviously, the second reading can’t be right. Hayek can’t be such a bland apologist for the welfare state as all that. It certainly wouldn’t help him wind his way up to the high note at the end: “the unforeseen but inevitable consequences” and all that.
Which leaves Henry’s reading.
In defending Hayek, Vallier is applying a not-very-sensible-really principle of charity, which philosophers often apply, especially when studying historical figures. His post title is “Hayek was not dumb,” which makes it sound as though Henry is being the implausible one here. But Vallier’s implied argument is more like this: “Hayek was smart, so he probably didn’t make a big mistake.” That’s not nuts, but, as a response to Henry’s “Hayek was smart, but he made a big mistake,” it hardly carries enough weight to even bother mentioning it. Smart people make big mistakes all the time.
Why do philosophers tend to apply this principle: if someone is smart (and they’re dead, and you like them) assume they didn’t make a big mistake? Well, it’s complicated, and there’s a point. But only up to a point. Charity breeds apologetic ingenuity, which breeds contrarianism, which is a good and a bad thing. Plato was a hard-nosed empiricist! Only Descartes really offers a good argument against mind-body dualism! Hayek knew that – of course! – the welfare state isn’t, by nature, the road to serfdom. It’s fine to see whether you can make the machine run in reverse with a bit of tinkering, but the interest of that sort of exercise can survive subtraction of the ‘it was like that when I found it’ flourish. I recommend omitting the schtick.
This isn’t really so much a libertarian thing, I think. It’s more an academic philosophy bug in your ear-type situation. I speak as one periodically afflicted. Occupational hazard.
{ 110 comments }
J. Otto Pohl 05.22.12 at 5:17 pm
I am still not clear on why CT is obsessed with an intellectual movement that is only popular among a small minority of White Americans. But, I do eagerly await a day when they deal with something applicable to parts of the world other than the basements of American suburbia. Perhaps a seminar on Pan-Africanism?
Henry 05.22.12 at 5:17 pm
This recent David Auerbach post on the controversy surrounding Gilbert Ryle’s situational reading of Plato seems possibly relevant.
Barry Freed 05.22.12 at 5:19 pm
I am still not clear on why CT is obsessed with an intellectual movement that is only popular among a small minority of White Americans
Because we all live on the intertubes where it is huge.
politicalfootball 05.22.12 at 5:41 pm
Alternate post title: “Henry is not Dumb.”
And again we’re kicking around this Hayek quote:
The consequences can of course be averted if that spirit reasserts itself in time and the people not only throw out the party which has been leading them further and further in the dangerous direction but also recognize the nature of the danger and resolutely change their course. There is not yet much ground to believe that the latter has happened in England.
Vallier proposes that England did, in fact, resolutely change its course. But Hayek didn’t keel over dead after penning this sentence. Surely if there was a resolute change, Hayek made note of it somewhere.
Kevin Donoghue 05.22.12 at 6:39 pm
I know nowt about Hayek, but I’m interested in this not-very-sensible-really principle of charity. I see the downside, but you can see the upside if you read economics. Economists are astonishingly quick to attribute sloppy reasoning to the dead or even the merely emeritus. Robert Waldmann discovered recently that Samuelson and Solow didn’t actually believe that the Phillips Curve is a structural relationship. But why would anyone ever have supposed that they did? The bookshops are crammed with titles like Kant: a Guide for the Perplexed. Where is Keynes: a Guide for the Perplexed? It’s not as if the Treatise on Probability and the General Theory are light reading. Of course there’s a huge literature on Keynes, but you’d be surprised how little attention is paid to what he actually wrote, as opposed to what the authors think he should have written.
David Moles 05.22.12 at 6:41 pm
I am still not clear on why J. Otto Pohl is obsessed with what CT is obsessed with.
Kevin Donoghue 05.22.12 at 7:00 pm
Salam Pax, the Baghdad blogger, might be able to help J. Otto Pohl understand the need to worry about “a small minority of White Americans.” As the bombs were falling in 2003 he could hear David Bowie on his radio singing I’m Afraid of Americans.
mds 05.22.12 at 7:08 pm
Because of the disproportionate number of those White Americans who are in government, who staff numerous
shameless lobbying organizationsindependent thinktanks, or who are vicious deranged billionaires empowered by Citizens United to burn the commonwealth to the ground in the name of Liberty(TM)?… Oh, also, as Mr. Freed notes, it seems to be even more disproportionately represented on the internet.
Salem 05.22.12 at 7:27 pm
I think the real reason is because there are plenty of libertarians in academia, but few conservatives. Therefore, for a certain kind of lefty, arguments for conservative positions simply don’t exist, and so the foil becomes libertarianism.
Steve LaBonne 05.22.12 at 7:30 pm
Do share with us some of those compelling conservative arguments, Salem.
J. Otto Pohl 05.22.12 at 8:02 pm
I think people are confusing libertarians with the last Bush administration. I am pretty sure that President Bush never defined himself as a libertarian. People who are self-identified libertarians are a pretty small group of people in the US and I can not think of any who occupied important positions in the executive branch of the US Federal government. For the most part libertarians in the US like Trotskyites in the UK are pretty marginalized figures living weird political fantasy lives. They may have allied themselves with the US right wing, but they do not control it. Salem’s theory, however, may have merit.
Steve LaBonne 05.22.12 at 8:25 pm
[cough] Alan Greenspan[cough]
js. 05.22.12 at 8:25 pm
JOP,
This was hashed out at mind-numbing length on some thread here recently, but here’s a list of Cato-endorsed policies (from Wikipedia):
Every one of these–save drug policy reform–is endorsed Republican candidates running for the highest offices (inc. president) and/or by other very high profile Republicans (Paul Ryan, Paul pere at fils, etc.) And remember when GWB had a Mandate! to privatize social security (or at least in his head he did)? Regardless of who self-identifies as “libertarian” it’s pretty weird to think that recognizable libertarian positions aren’t quite influential in the current American political scene.
(And yes, Republicans don’t generally openly call for abolishing the minimum wage. But you know it’s a matter of time…)
LFC 05.22.12 at 8:36 pm
Except that Salem’s probably wrong — there are plenty of conservative economists in academia, there are some conservative (or arguably conservative) political scientists, then of course there are the Straussians…
J. Otto Pohl 05.22.12 at 8:36 pm
Js:
The fact that libertarians share a lot of policy positions with the Republican politicians does not mean that libertarians have any political power. I could come up with lots of lists showing similarities in policies between different groups. For instance I am sure if I thought about it long enough I could come up with a long generalized list of policies endorsed by both socialists and the Democrats. For instance both support keeping the minimum wage, keeping public schools, and keeping anti-discrimination laws. I guarantee you that the socialists have no political power or even influence in the US.
js. 05.22.12 at 8:50 pm
1. I trust that no self-respecting socialist would agree with this characterization of what she or he stands for.
2. When Obama wins this Fall and comes out and announces that he has a mandate and that he’s going to spend his political capital to raise the minimum wage so that it’s a genuine living wage and to pass the Employee’s Free Choice Act, I’ll agree with you that libertarians and socialists are similarly placed in contemporary American politics. (And really, I’ve set the bar pretty low re: socialism.)
L2P 05.22.12 at 9:13 pm
“For instance I am sure if I thought about it long enough I could come up with a long generalized list of policies endorsed by both socialists and the Democrats.”
Get yourself some coffee.
I haven’t seen a Democrat asking for general state ownership of production or state management of the economy since, I dunno, I guess back in the 80’s when we were conquered by Russia and Cuba in a surprise invasion and that local sports collective, the Wolverines, fought a guerrilla war For Freedom! and made the world safe for capitalism again. Otherwise, back in the real world, Democrats spout off mildly pro-union, pro-environment, and pro-safety positions occasionally, occasionally note that unbridled capitalism isn’t always helpful, and follow the monetarist and mild demand-side boosterism urged by noted socialist Milton Friedman.
It’s like the mirror image of the basic libertarian positions adopted by the Republicans!
J. Otto Pohl 05.22.12 at 9:33 pm
OK, evidently libertarians control everything in the US according to the CT people. It must have happened after I left . But, how about we just have one thread on Pan-Africanism for every 100 on libertarians? I do not know any libertarians. They do not exist in Africa.
Chris Bertram 05.22.12 at 9:47 pm
_They do not exist in Africa._
I just googled “African libertarians”
parse 05.22.12 at 9:50 pm
Who are the Republicans campaigning for an end to corporate welfare? Or does ending corporate welfare just mean opposing stimulus spending for Republicans?
J. Otto Pohl 05.22.12 at 9:54 pm
Chris:
Okay maybe there a few. But, I have not seen any. Certainly 173 google hits is pretty small. Most of them also appear to be based in South Africa which for historical reasons is considerably different than the rest of the continent.
Substance McGravitas 05.22.12 at 9:58 pm
As a reminder that Google is sucking I get 77 results. But remove the quotes and you get millions.
Kevin Donoghue 05.22.12 at 10:01 pm
Isn’t Somalia notoriously a libertarian paradise? Maybe they just call themselves something different in Africa — you know, warlords?
Kevin Donoghue 05.22.12 at 10:17 pm
I have a rather flippant comment in moderation, which maybe doesn’t deserve to surface. But FWIW a quick bit of googling demonstrates that Cato’s tentacles do extend to Africa (at least I think this is a Cato-sponsored outfit):
http://www.africanliberty.org/content/our-team
Substance McGravitas 05.22.12 at 10:22 pm
http://www.mises.co.za/
chris 05.22.12 at 11:03 pm
But, how about we just have one thread on Pan-Africanism for every 100 on libertarians?
AFAIK, none of the CT main posters lives in Africa or knows anything about Pan-Africanism. Why would they start a thread on it?
mds 05.22.12 at 11:27 pm
A capital idea. jpohl.blogspot.com is that-a-way. Knock yourself out.
John Holbo 05.22.12 at 11:37 pm
I thought my post was about interpretive charity, mostly. So this complicates matters. (Even leaving aside the question of whether charity requires that, if the post should have been about Pan-Africanism, then it probably is. Holbo isn’t dumb, after all.) If the ratio of libertarianism-to-Pan-Africanism posts should be no fewer than 100-1, what is the minimal ratio of posts about interpretive charity, as hermeneutic method, to posts about Pan-Africanism?
Consumatopia 05.22.12 at 11:55 pm
Whether or not libertarians form a significantly powerful political faction, the specific argument in Road to Serfdom–that a larger welfare state or more active industrial policy would put an otherwise free society on a slippery slope to totalitarianism–is a common one throughout the GOP and Tea Party, including from Romney (“we are only inches away from ceasing to be a free market economy.”)
John Holbo 05.23.12 at 12:30 am
Consumatopia is exactly right about the larger significance of the Serfdom slippery slope argument.
Substance McGravitas 05.23.12 at 12:41 am
Hayek is just like Aristotle.
Andrew F. 05.23.12 at 1:25 am
Well, wait a second.
The “danger” Hayek is referring to is the danger that socialist policies will lead to a totalitarian state – to servitude.
The disagreement between Henry and Vallier is, among others, whether Hayek’s argument makes room for “hybrid states” (not my term) such as the Scandinavian states, or whether the existence of the Scandinavian states as welfare states (but lacking totalitarianism) constitutes an empirical refutation of Hayek’s argument.
So the question is not how to interpret the danger Hayek is concerned about, but rather (1) how to interpret what he thinks the effects of certain policies of a welfare-state to be, and (2) what he thinks a populace – having succumbed to the temptations of those certain policies – must do in order to avoid reaching the destination of the road to serfdom.
As to the principle of charity that Vallier raises… perhaps, in the same spirit, too much is attributed to Vallier’s rather sparse words on the matter? I’d take Vallier to mean that, if one encounters a respected expert on a subject, and that expert makes a statement on the subject that appears to be obviously wrong, then we should be careful to examine first whether we’ve misinterpreted the expert.
Sid Itchybum 05.23.12 at 1:31 am
gubbish
Henry Farrell 05.23.12 at 1:36 am
That of course raises the ticklish question of whether Hayek is, indeed, an expert on the long term cultural consequences of economic institutions, such that we ought to give his empirical claims a very particular respect. I would say ‘no’ for a whole host of reasons.
Sebastian H 05.23.12 at 1:49 am
“The disagreement between Henry and Vallier is, among others, whether Hayek’s argument makes room for “hybrid states†(not my term) such as the Scandinavian states, or whether the existence of the Scandinavian states as welfare states (but lacking totalitarianism) constitutes an empirical refutation of Hayek’s argument.”
The problem appears to me that Hayek uses the term welfare state to mean things which do NOT include things like universal public income, while Henry seems to insist that the term welfare state includes things like universal public income.
When you use terms differently, it is super easy to make your opponents look like idiots.
Since Hayek specifically allows for most of the functions of the ‘hybrid’ state within a very few paragraphs of the ones we have been talking about, it is pretty clear that Hayek allows for hybrid states as we would define them.
He is mostly worried about interfering with the price signal, which many basic redistribution schemes don’t interfere much with. It is central command crap (like recent proposals by Angell to have the government totally take over pharma research) which he is against.
John Holbo 05.23.12 at 2:55 am
“I’d take Vallier to mean that, if one encounters a respected expert on a subject, and that expert makes a statement on the subject that appears to be obviously wrong, then we should be careful to examine first whether we’ve misinterpreted the expert.”
I’m sure Vallier would say something like this but it really doesn’t make sense. Henry, having studied Hayek carefully (so he thinks) says ‘he was smart but he made a big mistake.’ It is no more sensible to respond to this with ‘if you think he’s made a big mistake you should study him carefully before saying so, because he’s smart’ than simply to say ‘he’s smart, so he probably didn’t make a mistake.’ If you think Henry is wrong, say where he’s gone wrong. Don’t hint that somehow the fact that your reading is more ‘charitable’ makes it more plausible. It doesn’t.
To put it another way: it’s a good idea to be charitable, because that can produce good results. Similarly, double-checking your work is a good idea. (And for similar reasons, broadly.) But saying ‘I double-checked my work, and you got a different result, therefore you are probably wrong’ is really not a helpful contribution to a debate. What we want to know is who is right, not who double-checked their work.
“So the question is not how to interpret the danger Hayek is concerned about, but rather (1) how to interpret what he thinks the effects of certain policies of a welfare-state to be, and (2) what he thinks a populace – having succumbed to the temptations of those certain policies – must do in order to avoid reaching the destination of the road to serfdom.”
This is quite right, and all I would add is that it’s, of course, rather absurd to be worrying this one passage so fiercely. The sensible thing to say is that, to anyone that hasn’t talked themselves into an implausibly contrarian view of the text, “The Road To Serfdom” is a book by a guy who thinks the welfare state is not a stable middle ground between a more robust ‘tradition of liberty’ and totalitarianism. Hayek is not your go-to-guy for thoughts about how the welfare state can be a stable middle ground. He is your go-to-guy for thoughts about how it can’t be.
Sebastian is right that Hayek allows for a lot of basic welfare state functions. Guaranteed minimum income and such. But I think the right thing to say about that is that he’s trying to maintain a distinction between types of welfare states that is sort of confused. Per Vallier’s previous post: “Hayek’s critique of the welfare state simply falls out of his broader conception of the legal order of a free people. … So let’s distinguish between two kinds of welfare states: the welfare state of law and the welfare state of administration. Hayek’s preferred welfare state is limited by his insistence that the law be regulated by clear, public, general principles rather than administrative bodies.”
That’s not wrong, and what I’m about to say would take a bit more argument, but basically anything you could propose in practice – certainly post-WW II Britain, or the Swedish model – would count as a welfare state of administration. Clear, public general principles have a habit of not applying themselves without the assistance of administrative bodies. Basically, Hayek is running against two constraints: the implausibility of his own severely Manichean view of possible paths to pursue – when another part of his brain no doubt knows he might be getting a bit worked up about this; the fact that arguing against all possible forms of welfare state in post-war Britain would have been spitting into the wind. Hayek’s welfare state of law is sort of like Descartes’ pineal gland. It’s a problematic mediator of an implausibly severe division. The thing to do is not to try to get the mediator to work – it won’t (even though Descartes was not dumb!) – but to revisit the division and see that, plainly, it’s too severe. Back to the drawing board would be best at this point.
sleepyirv 05.23.12 at 2:57 am
To go back to the beginning of this argument (It was a week ago? Not Decades? It feels like decades.) Tony Judt’s position was at least arguable and Cowen suggesting it was overly vicious is incorrect. Libertarians could admit that you can be fair-minded and think Hayek argued that the welfare state inevitably leads to totalitarianism.
John Holbo 05.23.12 at 3:08 am
Let me add that I don’t think Hayek’s view is actually as bad as Descartes’ pineal gland boondoggle. Sebastian is right that Hayek wants to avoid interfering with price signaling. That’s a more coherent objective than finding a happy medium between a Cartesian mind and a Cartesian body. But when you try to think through Hayek on the welfare state of law, I think it just doesn’t work, and at bottom the reason is because he’s so darn determined to deny the possibility of a middle ground of a certain sort – because he doesn’t want that middle ground! – and so we understand Hayek better when we see he’s got this fixed idea that a certain thing can’t work. And it’s warping the other stuff, to some degree. Vallier is taking the opposite approach: imagine away the fixed idea (because Hayek was not dumb.) But that just warps everything else. Again, it’s like trying to figure out some way to deny that Descartes had this bad mind-body division (because Descartes wasn’t dumb!) You can always find some way to warp all the other pieces to fill this idea space you have evacuated, for charitable hygiene purposes. But it’s more trouble than it’s worth. You appreciate the smart ideas of smart people better if you just acknowledge their dumb mistakes as such.
Watson Ladd 05.23.12 at 3:11 am
The fundamental problem is that Hayek in Henry’s reading was right. Don’t believe me? Look up the actual restrictions imposed upon welfare recipients in the 1960’s. These real restrictions on the liberty of the supposed beneficiaries of state action only existed because of the logic of the Fordist welfare state. Policies of tailored benefits are very different from handing out cash to individuals, in that the tailored benefits attempt to impose a plan of life decided upon by the creators of such schemes upon the recipients, whereas cash doesn’t do it. The Black Power Movement was not demanding more welfare but an end to a system principled upon ignoring those it claimed to help.
The Swedish welfare state sterilized undesirable citizens. Any attempt to defend it runs up against its real history. Vallier has the correct reading: Hayek points out that not all social provisions are tyrannical, merely those that are not based on principled, clear, public, rules. The existence of an administrative bureaucracy with rulemaking power, whose decisions are subject to deference in the courts , is a sign that there is power exercised in ways difficult to hold to account.
daniel waweru 05.23.12 at 3:28 am
I do not know any libertarians. They do not exist in Africa.
James Shikwati–he’s even given a TED talk.
Barry Freed 05.23.12 at 3:34 am
James Shikwati—he’s even given a TED talk.
But of course he has.
Satan Mayo 05.23.12 at 3:47 am
OK, evidently libertarians control everything in the US according to the CT people. It must have happened after I left . But, how about we just have one thread on Pan-Africanism for every 100 on libertarians? I do not know any libertarians. They do not exist in Africa.
This website isn’t just a collection of “threads”, it’s a collection of posts, written by people. These posts do lead to threads, but the writers usually take a certain pride in the posts themselves as well-written and informed pieces of argumentation rather than just as springboards for discussion. You should be able to tell by now, from what they choose to write about, that none of the writers here see themselves as experts on Pan-Africanism. Wouldn’t it be easier for you to comment on a blog where the posters know about Pan-Africanism? Or go to one of the many blogs that feature “open threads”, instead of exclusively featuring threads based on posts containing content, and try to talk about Pan-Africanism there? What is this fixation on Crooked Timber?
geo 05.23.12 at 3:51 am
JH @39: You appreciate the smart ideas of smart people better if you just acknowledge their dumb mistakes as such
Yes and no. I think another way of approaching the dumb mistakes of smart people is to think: “Hmm … X was smart. There must have been some good reason why the other, more conventional answers to the question to which s/he gave what now seems a dumb answer seemed wrong to X. Or maybe we’re not even perceiving the question the way X did, which might explain why his/her answer seems so bizarre. Mightn’t it be premature just to move on with an ‘Oh well, even Homer nods!'”
For example, Isaac Newton’s belief in alchemy may have just been an odd, inexplicable quirk. But I’ve always wondered exactly what problem he thought it was the answer to, and why the other contemporary answers to that problem (if there were any) were inadequate. Likewise, why did Shaw and Wells, so brilliant and forceful in their early opposition to oligarchy and patriarchy, give up on Enlightenment rationalism and parliamentary democracy late in life and decide that only an authoritarian state could drag the mass of humankind out of the atavistic tribalism that seemed on the point of blowing up the planet? And why did Heidegger –considered by the most diverse contemporary thinkers to be the greatest 20th-century philosopher — believe science and rationality so inescapably destined to result in the spiritual death of Western civilization that he allowed himself to be seduced by National Socialist claptrap?
Dumb ideas, in other words, may often be great thinkers’ desperate attempts to solve intractable problems, to which even we, in our surpassing wisdom, haven’t yet found an answer, or have even stopped trying to find an answer to.
John Holbo 05.23.12 at 4:33 am
“Dumb ideas, in other words, may often be great thinkers’ desperate attempts to solve intractable problems, to which even we, in our surpassing wisdom, haven’t yet found an answer, or have even stopped trying to find an answer to.”
Yes, but this is just another way of making my point, I think. Descartes’ pineal gland notion was a desperate attempt to solve an intractable problem, to which we, in our surpassing wisdom etc. etc. It was also a bad idea (I say so). The thing to see is that calling something a bad idea is not inconsistent with being highly appreciative of all the stuff you say we should be appreciative of, geo.
Put it this way. Standing up during the Q&A period and asking ‘but have you considered that possibly you should have considered more carefully that you might be wrong?’ is not a useful contribution, much less an actual objection. It’s a template for such. Interpretative charity is like that. But sometimes we mistake it for something more.
John Quiggin 05.23.12 at 6:43 am
I’d be interested in JOP’s response, but my impression is that there may well be more libertarians in Africa than pan-Africanists these days.
I’d be more interested in reading about, say, the impact of the Arab Spring on sub-Saharan Africa, if we could get one or more good guest posters on the topic. Google produces plenty of links, like
http://www.un.org/en/africarenewal/vol25no2-3/arab-spring.html
but I can’t tell which are the good ones, and what issues are being overlooked.
IM 05.23.12 at 11:36 am
Watson Ladd: That is uttermost nonsense. the history of a lot of welfare , public and private is history of restrictions. Just read up on the english poor laws. It is actually a very old conservative and liberal position to help only the deserving poor. And what do you need to separate the deserving and undeserving? Control and administrative powers.
As far as sterilization goes: That existed first in the US, based on quite clear laws.
Furthermore in Germany you had a welfare state without sterilization – a welfare state with sterilization – a welfare state without sterilization. That proves that?
J. Otto Pohl 05.23.12 at 11:46 am
Well the history department of Legon is certainly more favorable to Pan-Africanism than libertarianism. I noticed that some of the few African libertarians have degrees from KNUST in Kumasi which is a university devoted primarily to the hard sciences rather than humanities and social studies. A rough analogy would be the University of Ghana in Legon is equivalent to Cal in Berkeley and KNUST to Caltech.
But, as a general rule there is very little interest in politics, particularly politics outside of Ghana by students here. The main interest of students is religion. Most of them are Pentacostals (Assemblies of God) and devote all their spare time and effort to church related activities. Far more so than any place in the US evangelical Christianity dominates society in Ghana. Compared to the US and UK young people here have almost no interest in international politics. Knowledge about other African countries is extremely limited in large part because the media here is so parochial. During the civil war in the Ivory Coast there was no discussion and almost no news coverage of events next door. Only near the very end did the Ghanaian newspapers have any news stories on the war at all.
asdf2 05.23.12 at 11:49 am
“…basically anything you could propose in practice – certainly post-WW II Britain, or the Swedish model – would count as a welfare state of administration. Clear, public general principles have a habit of not applying themselves without the assistance of administrative bodies.”
John, to imagine that principles are self-enforcing would be idiotic, and Hayek, whatever his mistakes, was not that kind of idiot. This suggests that you do not understand what Hayek meant by rule of law, which hinges on the (proper) meaning of “lawâ€.
Hayek analysed this in detail, and there is something important to learn from him here.
In the present, peripheral, RtS context, understanding his very important distinction between law and administrative command is crucial. This understanding would, I think, lead you to reassess what he regarded as dangerous, what he meant by “liberty†(see The Constitution of Liberty and its excruciatingly careful, chapter-long definition), and hence to better understand what he meant elsewhere. You can argue about how slippery the slope is in reality (less so than he feared), but to discuss the topic, you first must to understand more clearly which slope Hayek argued leads downward. “Welfare state†doesn’t capture the idea.
There’s a reason why several commenters are making noises like this, and it isn’t ignorance, or special pleading, or respect for his bogus “followersâ€.
Jerry Vinokurov 05.23.12 at 3:13 pm
This is an arbitrary distinction that disappears after 10 seconds of thinking about how states actually operate. What use are “principled, clear, public rules” without an administrative apparatus to implement them? “You must possess a driver’s license to drive” is clear, principled, and public; does this mean that filling out a form at the DMV is tyranny? (If you answered “yes” we have nothing more to talk about). Or, let’s consider rules against pollution (principled! clear! public!) which refer the definition of “pollution” to a 1000-page technical manual. Or literally any other feature of the state that requires an actual implementation.
Since I’m not a generous person like JH or Henry, I’m not inclined to read Vallier, or libertarians in general, charitably. What is clear to me is that distinctions of the type drawn by Vallier are not factual statements about the way things are but rather a sort of rhetorical signifier; “principled” and “clear” are coded as good, “administrative” is coded in opposition to those as bad (bureaucrats! boooo! hisss!) and the two are put in false opposition with each other. This must be done to preclude the obvious analysis (“is this or that regulation producing good results?”) so that any factual consideration of what’s actually happening can be dismissed via a sort of theoretical sleight-of-hand trick.
Watson Ladd 05.23.12 at 3:28 pm
Jerry, saying you must possess a license to drive suddenly gives the licensing body power. Think about it like the distinction between “may issue” and “shall issue”. One set of laws lays out conditions, and redress for when you satisfy them and are not given the permit. The other set lets local officials at will restrict your rights. Clearly there is a distinction here, and it’s one that has legal force in the form of when writs of mandamus are appropriate.
IM 05.23.12 at 3:50 pm
Well, what is a “proper law”? statute law, customary law, case law. sub-law created by an executive or administration? In modern states, a lot of law is created by administrative decrees filling out the frame of statute law. Statute law and this sub law together with the case law will give you the entirety of law.
And if you watch at the actual historical development of law and administration, in general the administration is much more bound now then a hundred years ago. Just look at the hundred years ago almost non-existent public procurements laws. Generally the whole welfare state is regulated by laws and administrative discretion is quite limited.
piglet 05.23.12 at 4:04 pm
A third thread about Hayek in a few days is just feeding the trolls.
Jerry Vinokurov 05.23.12 at 4:04 pm
But of course it does. As it should; indeed, as it must if it’s going to be anything other than a suggestion. The dissociation between law and administration is absolutely untenable unless the concept of law is completely divorced from any actually existing laws. If laws are going to be anything other than philosophical musings, then of course they’re going to have to be grounded in some enforcement mechanism, and that mechanism will itself be a codification of various procedures and so on. Yes, the administrative body does control its own procedures (to an extent), which, again, is what it must do, unless you literally believe that every aspect of an administrative body’s operating procedures must be explicitly legislated. Which is something you’d only do if you wanted administrative bodies that couldn’t accomplish a damn thing.
While there may be a legal distinction, I don’t believe there’s a substantive philosophical one. What effective distinction would there be between a law specifying explicitly what toxin levels are considered inappropriate in drinking water and a law that leaves it to the agency’s expertise to determine those levels (and mandating full disclosure of the information, obviously)? It’s simply a matter of the delegation of labor; you still have agencies authorized by the power of law to do something, within some specified parameters. The only reason I can see that one would want to advance a distinction between a fully-specified law and the regulations drawn up by an agency that has been legally charged with doing so is if you wanted to impede the effectiveness of agencies in accomplishing the tasks set before them because passing mammoth legislation takes forever. Which is of course the libertarian project anyway from the start.
Emily 05.23.12 at 4:20 pm
This is a bit off topic, sorry, but I think a good measure of state welfare plus charitable donations and volunteerism is a good way to avert danger.
Emily 05.23.12 at 4:21 pm
State/Commonwealth wellfare might include foreign aid too.
Bruce Baugh 05.23.12 at 6:18 pm
I just wanted to weigh in in favor of the idea that it’s no sign of idiocy to be in the grip of a strong, apparently simple idea that can’t actually work for reasons you consistently underestimate. It’s not even a particularly human-specific kind of failure – I remember the years I lived within a couple of blocks of a big park on one of the most used flyways for migrating geese in the Pacific Northwest, and how my clever, bold cat would sit in the windowsill just quivering with desire to go hunting when geese were on the apartment courtyard’s lawn.
Jerry’s #53 is a great rounding up of the kinds of practicality that Hayek pretty clear wanted not to matter to his vision of law versus arbitrary personal preference. (Consider traffic laws for some more examples of inescapable human involvement. “No faster than X in a school zone” is a bright line, and a sensible one, but someone has to work out X and the boundaries of the one, and those are seldom bright or sensible down in the ground cover. A speed limit law that makes no provision for adjustment in the face of bad weather is insanely stupid, but then someone has to adjudicate the conditions and their applicability. And so on.) I don’t think this makes Hayek stupid. Heck, anyone who could come through the ’30s and ’40s with great confidence in supreme rulers with wide-ranging personal authority really would have been an idiot.
But he went from there to a bad extreme. A more useful kind of question would have been “How can we keep the necessarily changing responses of the people in institutions to necessarily changing realities accountable to the people at large and to the purposes for which they’re adjudicating?” “Let’s make them all androids” is a good answer for a Philip K. Dick story, not so good for the governance of citizenry with rights and obligations.
Watson Ladd 05.23.12 at 6:26 pm
Let’s assume there is a difference between executive fiat and Congressional authority, or in the European case between legislative authority of the Parliament and the executive authority of the Prime Minister. This isn’t terribly hard to see in the works of the bourgeois radicals, who identify Congressional authority or legislative authority with the political. Then the administrative state, by delegating what should be legislative power, and hence political in a particular way, to the executive, whose power isn’t subject to politics in the same way, is dangerous.
Arguing that all administration involves power ignores the role of discretion in power. The secretary who types an order has no power as their actions are determined by another. When legislative authority, historically exercised through discussion and politics, is sent to the executive branch, this removes politics and replaces it by the person of the executive, who is very much not subject to political oversight!
Alex 05.23.12 at 7:43 pm
When legislative authority, historically exercised through discussion and politics, is sent to the executive branch, this removes politics and replaces it by the person of the executive, who is very much not subject to political oversight!
Ah. If you stick to “general principles” set by the legislator, though, and exclude administrative discretion, then the inevitable problem of applying the general principle to the specific case is handled by…the courts. And a lot of libertarians actually depend on this idea to make the whole thing work. Just make it a contract and fix it in the courts.
Of course, the judiciary is even less accountable to politics (or at least ought to be less so), and its operations are enormously slower, more expensive, and less legible to the citizen.
Further, there’s an argument at least as strong that administrative discretion, as opposed to Prussian, hyperspecific, blackletter rules, is a source of freedom.
piglet 05.23.12 at 8:20 pm
“this removes politics and replaces it by the person of the executive, who is very much not subject to political oversight”
Something’s wrong with that statement…
Watson Ladd 05.23.12 at 9:22 pm
Alex, the point is that the legislature is capable of exercising the rule-making authority and chooses not to to avoid political contestation. Administrative discretion is power that is unaccountable: under Chevron and other such cases administrative agencies interpret laws in ways that bind courts.
Let’s make this concrete. A law that said “No polluting” would be void for vagueness if attempted to be enforced. But one that says that the executive shall determine that chemicals with certain effects are pollutants, and shall set levels of them, is suddenly okay. But the substance of the law is unchanged: the executive will use a quasi-legislative power to affect the law in a manner that courts cannot.
But there is no reason that the legislature could not enact a code limiting the emission of particular chemicals, and no reason to suppose that the EPA is not engaging in making new law. Deciding what levels of benzene are allowable in waterways is not like deciding that someone is dead and so should not get Social Security anymore.
The whole argument that I’ve seen against my position relies on the belief that this is a distinction without a difference: that debate in a deliberative body elected by the people is dispensable on the grounds of expediency. But we do not elect a president to make law.
Substance McGravitas 05.23.12 at 9:24 pm
Something wrong with that statement too.
bianca steele 05.23.12 at 9:56 pm
When the purported home page of someone parroting Federalist Society ideology with no apparent sense of irony is the site of a Marxist organization, “something wrong with that statement” probably does apply.
John Holbo 05.24.12 at 3:49 am
asdf2: “John, to imagine that principles are self-enforcing would be idiotic, and Hayek, whatever his mistakes, was not that kind of idiot. This suggests that you do not understand what Hayek meant by rule of law, which hinges on the (proper) meaning of “lawâ€.
No, I think the fact that you read me this way suggests you miss my point, asdf2.
I freely admit, upthread, that I do not regard myself as supplying a full-dress refutation of Hayek, in a blog thread. I am expressed an opinion about Hayek. I have, in the past, undergone the excruciation of reading Hayek “The Constitution of Liberty”. It is, I admit without the rack, very complicated, and he certainly is trying. I don’t think it works, and some of it sort of boils down to the untenability of the law/administration distinction, per my thumbnail indication above, and I think he backs into all that because he’s got a bug in his ear about not admitting the possibility of a tenable middle ground, per Henry’s posts, and per my comments above. So, reverse engineering the whole process: you get up to speed faster with Hayek if you just know he’s got a bug in his ear. (That’s not an argument against him, just a psychological clue that makes the text make more sense.)
If you think Hayek’s distinction works better than I think it does, then lovely. Maybe you are right. (Descartes on the pineal gland is very complicated, too, actually. But, at the end of the day, it doesn’t work. So say I. But if you want to go build a better pineal gland, for Cartesian purposes, more power to you.) My point above is that it isn’t sensible to think that ‘charity’ regulatively mandates that we not opt for a view of Hayek like the one I have adopted, after reading “Serfdom” and “Constitution” and some other stuff. (No more so than charity requires that we read Descartes as not a dualist, just because that’s a dead-end, and he was a smart guy.) My view is just as psychologically likely as the one Vallier favors. There’s nothing odd about smart people making big mistakes.
You say that I must not understand Hayek on law vs. administration and all that, because I’m not being very encouraging about the prospects of making ultimate sense of all that. But I don’t think I’m obliged to be encouraging about all that. (Why should I be?) But you should follow your intellectual bliss. Go nuts! Make sense of the distinction. You don’t need my say-so to go ahead with that project.
Watson Ladd 05.24.12 at 3:50 am
bianca, there is a long tradition of Marxists agitating for the supremacy of the people’s elected representatives against the bureaucracy in the interests of politics. I think the Democratic Party is the greatest threat the hope of revolution has ever faced, with its ability to drag everyone into reformism. And what makes that possible is precisely that there is no real politics because there is no debate because of executive power. Obama has today given every women birth control by executive fiat. How long before he campaigns on the premise that only he can ensure his will is not overturned, rather then creating the politics that would let Congress act to guaranty freedom over one’s reproductive life? Seeking security in administration is like seeking water in a mirage.
js. 05.24.12 at 5:18 am
Watson, I realize this is probably hopeless, but you do realize that the role and function of the executive can be defined in categorically different ways in parliamentary vs. presidential vs. other systems, yes? I mean, this has, umm, exactly fuck all to do with Obama.
Yes, obviously, the legislature (or, in a bicameral house, the lower chamber), is generally or even almost always more democratic–in a fairly intuitive sense–than the executive. It’s a reasonable presumption that it’ll better reflect the will of the people than the other branches, etc. Believe me, I’m all for making it more powerful–esp. as against the upper chamber and the executive. But (a) this really won’t get you around the problem of administrative discretion–for one thing, if you make the law too specific, you’d have to keep changing it every time there were new relevant information, etc. (b) As far as I can see, this has absolutely nothing to do with Hayek’s proposed distinction. Hayek seems to be working with a notion of “law” where a law passed by an actually existing legislature is not actually a “law” in his sense.
SO: if your point is that the legislative should be entrusted with more power as against the executive because this is a generally reliable guarantor of democratic rights and freedoms, well and good. Beyond that, it’s pretty much nonsense.
IM 05.24.12 at 6:58 am
There is since at least fifty years, if not a hundred, a good debate about the problems of delegating the details of law-making to the executive. That said, in a parliamentary democracy the old worries of 19th century liberals about executive law of the monarchies have subsided. After all, in the end the parliament could just change the government. Furthermore, it is now clear in most countries that the power to make sub-law is just a delegated from the statute laws made by parliament. So all this executive law-making is still working within limits set by parliament. ( In Germany, this is ruled by the doctrines of Vorbehalt and Vorrang des Gesetzes)
But of course this is indeed mostly a matter of convenience. This detailed rules could and sometime are just put into statute laws; and what happens with your fundamental distinction between administrative rules and law?
Tim Worstall 05.24.12 at 7:49 am
“Further, there’s an argument at least as strong that administrative discretion, as opposed to Prussian, hyperspecific, blackletter rules, is a source of freedom.”
Hmm.
The Federal Government can execute someone if they’ve tried that person under certain rules (that the act was illegal before committed, carried the death penalty, suspect has representation, sees the evidence against them, is tried, jury decides, the whole schmatter).
The President can decide to kill someone because they think they’re a bad ‘un.
One of these two is “administrative discretion” the other is what we’d generally refer to as the rule of law.
I’m not sure that it is an outrageously libertarian position to insist that there’s a difference in kind between these two systems.
Tim Wilkinson 05.24.12 at 9:40 am
Why do philosophers tend to apply this principle: if someone is smart (and they’re dead, and you like them) assume they didn’t make a big mistake?
Becuase they are interested in philosophy rather than history.
(Of the less philosophical philosophy students and academics, some prefer to get into history of ideas; some become acolytes in a cult of personality. There are bad reasons for the first, relating to available skills, and for the second, of a quasi-Chestertonian kind, relating to the desire for a (supposedly) ready-made and clearly identifiable set of ideas and for the backing of (supposed) authority.)
Tim Wilkinson 05.24.12 at 10:06 am
Whether Hayek’s occasional brief and sketchy remarks about a social ‘insurance’ of some kind to top up incomes when the market goes ‘badly wrong’ were concessions to the opinions of his target audiences, or to reality or to basic decency, they certainly seem out of place in his work.
The ‘pro-welfare-state’ leg of the Hayekian two-step stands on a few perfunctory asides which appear to have been dropped in without proper attention to their implications. In RTS, we are looking at a sentence or two I believe, and mentions elsewhere are AFAIK equally ill-considered. No attention is given, again AFAIK, to the issue of where the payment is to come from, which is of course a standard complaint of libertarians. This half-hearted commitment is evidently intended to effect only a slight shift in Hayek’s chosen stopping point on the ‘slippery slope’.
Whatever policies exactly are being alluded to are also clearly very minimal measures which are grossly inadequate to characterise anything like actually existing welfare states.
—
I agree BTW that principles of charity are massively overused. As interpretative principles, they are just one consideration. Certainly it’s an assumption of attempting interpretation at all that one starts by supposing that the writer or speaker is making some kind of sense and not just babbling. After that, things are less clear. And perhaps ‘principle of charity’ is perhaps not the best term, since it carries a connotation of supererogatory beneficence – a stupid person could, after all, get the idea that it is tantamount to a ‘principle of bending over backwards’. Perhaps they should better be called ‘principles of non-hostility’ or something. Davidson called his PoC something else less memorable at times, IIRC – princ of rational engagement or something.
IM 05.24.12 at 10:08 am
Let’s see: administrative discretion: the prosecution can decide, when to prosecute and if to demand the death penalty or some other punishment. This especially in the US quite considerable prosecutorial discretion is happening within the rule of law: You need a crime, standards of evidence, can’t demand the death penalty for a misdemeanor, are obligate to prosecute some crimes, have more leeway on lesser crimes and so on. There are of course considerable differences between the penal systems of different countries.
But a relevant prosecutorial discretion inside the strictures of penal law and due process are common to all western countries. And that – administrative discretion within the rule of law – is the modus operandi of all western societies.
Consumatopia 05.24.12 at 12:20 pm
The parts of government that would still exist in a minimal state–the police and the military–are where administrative discretion is most prevalent. The police have to decide which crimes to spend time investigating, the commander in chief has to decide which battles are worth fighting.
When I think of local officials arbitrarily restricting my rights, I never think of a clerk at the DMV or a welfare caseworker. I think of the cop who decides when my protest is considered disorderly conduct.
Tim Wilkinson 05.24.12 at 12:27 pm
I’d have thought the point is not so much that executive discretion, either in determining delegated legislative provisions or in deciding specific cases, is OK – I think it is pro tanto a bad thing, in ideal terms. Instead I’d note that the Hayekian argument seems to say that the welfare state essentially involves ad hoc executive decisions displacing legal processes, and that this is untrue, as others have pointed out above.
This strand of Hayekian argument seems to be a fairly standard proprietarian move (cf. Nozick): supposing that transactional property rights are somehow fair because essentially procedural, and that anything that interferes with those is thus unfair or unjust. This takes a quasi-constitutional approach, which objects not just to executive ‘discretion’ but to legislation itself.
Hayek’s purpose in bringing in this meretricious stuff about public rules &c might be to try and draw a sharp, principled line, so that he needn’t rely on more slippery slippery-slope arguments about dependency culture or a supposed link between profit-based economic organisation and personal liberty.
On the last Hayek thread, someone mentioned slippery slope arguments’ oddness – that the slopes are generally not really slippery at all – so why not just stop at the optimal distancea long the slope.
I think one answer to this would introduce an adversarial and rhetorical aspect: it might be optimal to travel down the slope some distance, but in doing so one may cede a point of clear, simple and powerful principle to one’s opponents, or to some future government, etc. But in general this is not a useful approach, and it’s better to get clear the reasons (cf the Humean contrariety of causes) why a supposedly arbitrary stopping point along what looks like a smooth and undifferentiated continuum is indeed optimal, and to travel just that far. Only in a sorites-type situation, where positions in the middle of the slope are of indetereminate value, is an arbitrary choice of principle based perhaps on simplicity, clarity etc a good plan. (Occam’s razor is another grossly overused principle.)
bianca steele 05.24.12 at 1:28 pm
Watson, you could just as easily claim the supreme importance of the question, whether a written Constitution is tyrannical, for all the relevance I see to your choice of definitions.
The Tragically Flip 05.24.12 at 2:29 pm
The thing that drives me nuts about Hayek is we spend so much time debating whether Sweden is a serf society already, or maybe if it will inevitably become one, but in fact, the economic vision of contemporary Heyekians (and one expects, Hayek himself) leads to circumstances that seem a hell of a lot more like serfdom than anything in post-war socialist Britain or Northern Europe.
That’s Hayek’s cure for serfdom. I’ll take my chances with the disease.
Bruce Baugh 05.24.12 at 2:46 pm
Consumatopia: Your #71 is great. And, of course, when tyranny has come lately, it’s come via the police power and the military, something that seems never to have occurred to Hayek as a potential problem at all.
LizardBreath 05.24.12 at 3:13 pm
I feel that a link to the Grice United Fund belongs in this thread.
Watson Ladd 05.24.12 at 4:27 pm
The Tragically Flip: So somehow the executive power and the administrative welfare state aren’t able to do anything about this either. The politics of the Democratic party are just as responsible for those conditions as anything else. Remember, we live in a democracy.
bianca: Actually, the written Constitution was a point of debate amongst bourgeois radicals. Rousseau in particular was against it, while others saw it as necessary.
IM: Procedure matters. In Tim Worstall’s point above there might not be a difference in the content of the two decisions, but there is a procedural one. And the point I want to make is that it isn’t an empty one, but rather changes the way we think about politics and the relation of reason to society.
The Tragically Flip 05.24.12 at 5:32 pm
My point is that those working conditions reflect the laissez faire policies favoured by Hayekians/libertarians/conservatives. Whether the Democratic party does enough to prevent such things (I agree they don’t) isn’t really material. Arguing these results are somehow the natural extension of the minimal US welfare state seems quite a stretch (if I understand your meaning). And the US is decreasingly describable as a “democracy” without a big asterix for all the voter suppression and ability for plutocrats to buy desired results that have been baked into the system.
The plant is also in Mississipi which deserves some note, as I’m sure its location in a “right to work” state is not a coincidence. Federalism’s use a means to create state-vs-state races to the bottom on labour and wage standards is surely part of the mix, but the end result is still what I contend Hayek would support and modern liberals/progressives do not.
Watson Ladd 05.24.12 at 6:13 pm
Federalism is also protective of rights: New York State had abortion long before the rest of the country. The race to presumes that Mississippi workers are powerless to affect their work conditions in the legislature. To the extent that this is true, it is primarily because of depolitization of the working class, of which the Fordist welfare state is the chief cause.
Consumatopia 05.24.12 at 8:22 pm
This doesn’t actually respond to IM’s point–that both decisions Worstall described have plenty of administrative discretion. So this doesn’t help us make sense of the “welfare state of law”/”welfare state of administration” distinction.
No, it just assumes Mississippi cannot regulate interstate commerce–it can’t stop the warehouse from closing down, opening up in Alabama, and continuing to sell to Mississippi customers.
Bernie 05.24.12 at 8:32 pm
I don’t usually frequent the site below, but Bruce Caldwell argues that RTS is only about command planning. Since when has partial planning and command planning been the same beast?
Seriously, all should check out the link below: A Hayek 1945 piece reflecting on his message in RTS.
http://mises.org/daily/4690
Consumatopia 05.24.12 at 9:11 pm
I suppose we might as well check out that link–it would seem to confirm Judt/Henry’s reading of RTS. It’s an argument against “partial” planning, on the grounds that it leads to complete command planning.
So RTS, or at least this essay Hayek wrote around the same time, is definitely attacking partial planning as much as “complete” planning–insisting that there’s a slippery slope from the former to the latter. This essay basically says “I love compromise, but only under my system”. Or in his words “The trust in muddling through, in the capacity for reconciling opposites, is in fact an unconscious tribute to the laissez-faire age, wholly inappropriate to the fully organized society now widely regarded as an ideal.”
piglet 05.24.12 at 11:08 pm
TW 67:
piglet 05.24.12 at 11:29 pm
Remember that the EPA was successfully sued over its refusal to regulate carbon emissions. The Supreme Court said that the law requires them to come up with some regulation, while still leaving EPA considerable discretion in designing that regulation. Contrast that with Congress, which wouldn’t act on carbon emissions and couldn’t be forced to act even if the survival of the species depended on it [as an aside, in Germany the Constitutional Court does sometimes force Parliament to act and if it doesn’t, the Court would impose its own interim legislation. That’s not possible in the US].
That raises an interesting question for this debate: what is more important – the will of the democratically elected representatives of the people, or the rule of law? The rule of law does frequently conflict with the will of the populace and its representatives. The supposed “welfare state of lawâ€/â€welfare state of administration†distinction is quite misleading. Supremacy of democratic over administrative institutions is not a guarantee for the rule of law.
Tim Worstall 05.25.12 at 7:10 am
“The rule of law does frequently conflict with the will of the populace and its representatives.”
Indeed: that’s what these constitution and human rights things are about. To embed into that law the things that democracy cannot over rule.
Like, say, arbitrary administrative decison making.
IM 05.25.12 at 10:37 am
Sine the welfare state and human rights and a (written) constitution and the rule of law happily coexists in about thirty states I still don’t see an actual argument.
Watson Ladd 05.25.12 at 1:16 pm
Consumatopia: Workers can also move freely between states. Alabama workers have the same interests as Mississippi workers in avoiding horrible work conditions. To say that companies will play one off against another is not different then saying that these workers might have different preferences.
IM: the wefare state doesn’t lead to dictatorship: I think it’s clear that Hayek is massively overstating his case, and the historical record shows that clearly. But the welfare state does lead to a change in the character of politics by the formation of an administrative state, and many welfare programs impose a particular kind of life upon the recipients. Unlike private charity, those taxed have very limited ability to choose to give cash instead. So the welfare state comes with a massively increased state intrusion into one’s life, along with a change in the character of politics that makes freedom suspicious.
The biggest anti-poverty program in the US is the EITC, which Milton Friedman designed. All of the traditional welfare state programs involve recipients jumping through hoops, whereas EITC sends out checks to everyone making less then a certain amount. How do you make sense of that, or the fact that Fordism lead to the decline of the worker’s movement everywhere? Only if Fordism is not a victory of the working class, but the illiberalism of the capitalist class and the formation of a new regime of accumulation does this make sense.
Consumatopia 05.25.12 at 2:01 pm
IM: Forget an actual argument, Worstall doesn’t have a coherent sentence. The Constitution and human rightts embed into law that democracy cannot overrule arbitrary administrative decision making? What?
Ladd: Worker preferences have nothing to do with it. It’s consumer and employer preferences for low wages. Mississippi workers can’t stop Mississippi customers from buying from Alabama businesses.
Besides, you were previously talking about the Mississippi legislature. And it’s quite simply the case the Mississippi legislature is powerless to block interstate commerce. Federalism, so long as states are unable to regulate interstate commerce, is anti-democratic.
“The biggest anti-poverty program in the US is the EITC, which Milton Friedman designed. All of the traditional welfare state programs involve recipients jumping through hoops, whereas EITC sends out checks to everyone making less then a certain amount.”
How do I make sense of that? Three cheers for Milton. It’s a good idea. We should raise taxes so we can increase it.
IM 05.25.12 at 2:39 pm
And what has the EITC to do with anything? A welfare state and it’s policies can and have historically come in many shapes. And in the real world the expansion of the welfare state and the expansions of unions did go hand in hand. Whatever your private definition of “Fodrism” – has anybody talked that? – tells you.
But I accept that you now at long least admit that the central thesis of Hayek was just nonsense.
Data Tutashkhia 05.25.12 at 3:26 pm
EITC, it seems to me, is just a way to sustain low, below poverty wages by re-distributing from higher paid workers to low paid ones. The benefit goes to the owners, and no one else.
Sebastian H 05.25.12 at 3:34 pm
The EITC has quite a bit to do with the discussion because it doesn’t count as socialism under the Hayek definition. The fact that we use the term socialism differently, 70 or so years later, is a silly argument against Hayek.
A tolerably good argument about Hayek would be that his insight about the importance of price information was amazingly good, and that it is possible to design general welfare programs non-socialistically–ie with very little impact on price and little command/control effect–far more than Hayek would have guessed.
Interpreting ‘socialism’ as essentially all government non military programs is silly.
Interpreting Hayek in the way Henry wants to would suggest his argument is a general attack on taxation. While some libertarians indeed argue in general against taxation, I haven’t seen Hayek do so.
Hayek’s key useful insight is about prices and the stupidity of fucking with them. If you don’t like Hayek’s polemic style, fine, so long as you realize you are complaining about style, not substance, and so long as you admit that you are using ‘socialism’ to describe things in ways that get people who point out that ‘socialist’ is in the NAZI party name looked at as idiots. That isn’t an argument about Hayek’s economics any more than mentioning Keynes’s interest in eugenics (he thought it was more important than his economics) is an argument about Keynesian economics.
Hayek was right about his key insight–prices–and he wasnt nearly as wrong about the authoritarian nature of command economies as this discussion likes to pretend
Watson Ladd 05.25.12 at 3:36 pm
IM: Stats don’t lie. The high point of unionization in the US was 1955, when 35% of private sector employees were in unions. That’s 10 years before Medicare and Medicaid, and 25 years before Reagan’s election. On the eve of the 1980 election, union membership stood at 20% of all private sector jobs. Taft-Hartley was a product of the immediate postwar period, which imposed significant restrictions on unions.
And there is a distinction between different conditions on receiving government largess, with some being more restrictive then others. The intrusion of a welfare officer into the home was majorly resisted by the recipients of welfare. Hayek would have been better for them.
Consumatopia: Why were nearly all states successful in banning child labor when there was no federal ban? Why does New Jersey have a higher minimum wage then other states?
IM 05.25.12 at 4:13 pm
Stats don’t lie. But you misinterpret them. If you are right the high point of unionization in the US – and by the way whatever you think the US is hardly the world, even the developed world – should have been in 1933.
No, Hayek and the other right-wingers who liked to differentiate between deserving and undeserving poor would not have been better for anybody. Or do you really think the poor laws of the good old Manchester liberal 19th century were unintrusive or not paternalistic? Do you know when the workhouse was abolished in England? 1930. In the bad paternalistic 20th century.
The notion that recipients of any kind of recipient of government aid don’t lose their rights is very much a 20th century novelty.
In the modern welfare states pensions or health care or employment benefits – and that is mostly what talk about – tend to be rights, often in the form of insurance. No jumping through hoops involved. Medicare and Social Security are american examples.
SebastianH, that is nonsense. Welfare State was already a well-known term in the forties. And no, its definition has not really changed now. And Hayek was quite clear: Every function of the state that wasn’t included in the Night-watchman state of the 19th century was already a step to far. A step if not to totalitarian, then to authoritarian government. As the history of the second half of the 20th century has shown, that was wrong. And the long term that Hayek sometimes took refuse in won’t help either: one or two generations is now.
IM 05.25.12 at 4:17 pm
To recap: Hayek was totally wrong about the authoritarian tendencies of the mixed economy countries in general and about the authoritarian tendencies of the mixed economy countries in the fifties in particular.
Sebastian H 05.25.12 at 4:22 pm
Hayek supportted universal public income Im, so universal public income existed throughout the west as of the nineteenth century? What happened to it? Hmmm…
Bruce Wilder 05.25.12 at 4:24 pm
“The intrusion of a welfare officer into the home was majorly resisted by the recipients of welfare. Hayek would have been better for them.”
Or, maybe, the welfare officer would be better for them. Maybe, there are problems there, which extend well beyond the absence of an income? Problems, which might be addressed only by instruction in information other than that encapsulated in price — you know, rules . . . command.
IM 05.25.12 at 4:40 pm
The welfare, public or private, that did exist in the 19th century was quite paternalistic, and liked to micro manage: Drinking or not, smoking or not, visiting the church, not visiting the pub, etc. Much more endangering to the freedom of any recipients.
Bruce Wilder 05.25.12 at 5:11 pm
Hayek’s polemic style cannot be separated from his economics, because both are exercises in apologetic ingenuity, to use the term from the post. Hayek is resuscitating laissez-faire at a point of near-death in 1945, and he’s doing it with a deliberate and far-sighted tenderness for the interests of the rich and the powerful in being unrestricted in their wealth and power. The Mount Pelerin Society wasn’t founded to improve the social welfare of the rabble. But, put that aside, and recognize that Hayek’s idealistic penchant for mono-mania, pushed hard by his high intelligence, results in sophomoric over-simplifications, which, given his confident and relentless application of a framework of rhetorical moralisms, creates an illusion of intellectual power and insight. Stripped of the moralisms, RTS hardly has a functional analysis, even of the economy, let alone of political culture. Hayek’s monomanical intellect won’t allow him to contemplate the reconciling of opposites. The simple insight that a more developed, more advanced, more organized society and economy is an economy, which is more organized by more elaborate rules and authority, is something, he must transform into an apology for a less organized, less advanced society and economy, but one friendlier to the interests of the few wealthy and powerful. It is an ingenious apology, but, not productive of genuine understanding.
Consumatopia 05.25.12 at 6:11 pm
Why were nearly all states successful in banning child labor when there was no federal ban?
No states were successful in banning the products of child labor from their shelves, which is why the first federal child labor law (struck down by the courts–thanks federalists!) banned movement of goods produced by child labor between state lines.
Consumatopia 05.25.12 at 6:45 pm
Except that his whole argument was about what socialists would start demanding in the future. If socialists today are not totalitarians demanding serfdom, that falsifies his predictions (especially his specific predictions regarding Great Britain, Sweden, and other countries.)
Hayek claimed that the underlying logic of socialism and planning had no stopping point. If governments he labeled as socialist did, indeed, stop, and even reverse course, then he was substantively wrong: he was mistaken about what actually motivated those who supported planning in democratic societies.
It never was about Hayek’s economics. RTS makes political science predictions. It claims that adopting any planning or partial command system at all will move democratic political systems towards totalitarian socialism. That claim hasn’t held up.
J. Otto Pohl 05.25.12 at 8:19 pm
100:
Yes, but to be fair almost no political science predictions other than those that are tautologies really hold up. I still remember the theory that no two nations with a McDonalds will go to war. Then the US bombed Yugoslavia. It is hard enough to predict the past without trying to foresee the future.
piglet 05.25.12 at 9:12 pm
Sebastian 05.25.12 at 11:03 pm
“Except that his whole argument was about what socialists would start demanding in the future. ”
If you change the definition of socialism to include things that aren’t in the definition of socialism, you aren’t proving someone’s predictions wrong, you’re changing the definitions. It is like saying that the Republican Party must be the pro-black party because they got rid of slavery. Political definitions change over 70 years. (Although I think calling the EITC and similar programs ‘socialism’ as Henry seems to want to in order to try to sock it to Hayek is uncommonly silly even under modern definitions).
And in any case, if you’re trying to talk about the mixed economies, for the most part they haven’t even been run by self identified socialists or whatever either.
If you want to say that yes Hayek took his good ideas too far, and his polemics were crappy, fine. But this whole changing the use of terms and specifically including things that he directly called out as not included in ‘socialism’ is just ball hiding academic point scoring. From a historical perspective he was warning about the dangers of the command economy. And considering that socialists at the same time (1943) were still lying about the USSR and that Mao apologism was still in the *future*, taken in his historical context, he looks pretty much fine warning against the dangers of SOCIALISM (which did not include things like the basic public income or other anti-poverty measures) at a time when the socialists themselves weren’t owning up to it.
The fact that we don’t need such strongly strident warnings about fucking with the price signal is fantastic. (Though don’t tell Angell on pharamaceuticals).
Sebastian 05.25.12 at 11:06 pm
“Any deeply felt philosophical opinion on where on the “socialism†scale forced drug testing is? And: is it still “socialism†when it’s promoted by right-wing Republicans?”
It is pretty high and invasive.
“And: is it still “socialism†when it’s promoted by right-wing Republicans?”
Yes. Interestingly you’ve provided an example agreeing with Hayek, not a counterexample. Which I think you know, but it fits strangely in the discussion. Unless you’re trying to show that Republicans are hypocrites (a fine point but seemingly outside of the discussion) instead of trying to disprove Hayek’s point about central control having authoritarian tendencies.
Consumatopia 05.26.12 at 12:03 am
@JOP, 101, that’s a fair point. What makes this failed prediction special is the prevalence of dishonest fools like Sebastien stubbornly clinging to it.
If you change the definition of socialism to include things that aren’t in the definition of socialism, you aren’t proving someone’s predictions wrong, you’re changing the definitions.
As I pointed out, Hayek made predictions about specific countries and governments. If those countries didn’t follow his slippery slope–so much so that even the left of those countries didn’t follow his slippery slope–then Hayek is substantively falsified. Socialists in democracies simply didn’t tend to produce totalitarianism. If they had, there wouldn’t be this confusion over the term “socialism”.
And in any case, if you’re trying to talk about the mixed economies
Hayek certainly was. He said they were on a slippery slope to full command economies. That’s not “taking a good idea too far”, that’s just wrong–there was nothing good or insightful about Hayek’s spurious slippery slope claims. They were terrible ideas that continues to inflict harm today. They breed a distrust for democracy among libertarians, likely leading even Hayek himself to cooperate with dictatorships like Chile.
And considering that socialists at the same time (1943) were still lying about the USSR and that Mao apologism was still in the future
Oh, I’m sorry, I forgot how the USSR and China before Mao were stable, capitalist democracies that were seduced into mixing planning with markets, and this planning slowly increased as it the character of their people was warped by perversion of the sacred price signal until they found themselves with totalitarianism before anyone knew it.
We don’t need strongly strident warnings about fucking with the price signal because fucking with the price signal doesn’t put us on a slippery slope to totalitarianism. Interfering with price signals in one situation won’t lead a democracy to completely eliminate the entire price system or free market. Hayek no doubt has economic arguments against interfering with the price system in this or any other case, but we can completely dismiss his political argument.
Interestingly you’ve provided an example agreeing with Hayek, not a counterexample.
No, actually, it does not. Is forced drug testing bad? Yes. Does it’s presence, or that of unemployment benefits generally, lead to totalitarianism or “serfdom”? No. Nor is there any reason why EITC or any other government benefit couldn’t be made dependent on forced drug testing.
Consumatopia 05.26.12 at 12:10 am
Hayek no doubt has economic arguments against interfering with the price system in this or any other case
Actually, I’m not entirely sure I’d be right about that–looking it up, Hayek has mixed thoughts on intellectual property ( http://archive.mises.org/9247/hayek-on-patents-and-copyrights/ ). Assuming we didn’t have pharmaceutical patents, then government research into pharamceuticals would be no different that any other public good. And no, government spending on public goods doesn’t put us on a road to totalitarianism…
piglet 05.26.12 at 12:11 am
“Interestingly you’ve provided an example agreeing with Hayek, not a counterexample… instead of trying to disprove Hayek’s point about central control having authoritarian tendencies.”
We can’t ask Hayek whether he would agree with me or not. We can only go by the responses of his present-day followers. What I can say is that everybody left of center objects to forced drug testing and those who support it come exclusively from the right. So maybe what you are telling us is that the GOP is the true heir to old-style socialism. Anyway what the example proves is precisely that welfare policies do not have to be structured in an authoritarian way. But, whenever right-wing parties get their hands on welfare programs, they have the tendency to turn them into authoritarian rule. Republicans are not hypocrites – they do exactly what all conservatives have always done. The hypocrites are those who blame that same old conservative authoritarianism on us left-wingers.
IM 05.26.12 at 1:23 am
Tim Wilkinson 05.26.12 at 10:58 am
Hayek’s few vague remarks about social provision of income for basic needs don’t suggest any real commitment, but in any case the sentences in question are clearly not about universal basic income. First, they are for when ‘something goes badly wrong’ or a person cannot command adequate market income (one suspects he is happy, in the usual right-wing way, to suppose these would be unusual and rather suspect situation, best abstracted away for theoretical purposes); Second, they are envisaged as means-tested top-ups.
Merit on both scores would thus have to be assessed (though Hayek doesn’t go into any such detail because he isn’t really interested). Since he seems to think any such assessment would have to be carried out by some bureaucrat wielding a potentially oppressive discretion, I don’t see how this notional Hayek of the Gaps could complain much when the official treats drug use as an indicator of lack of effort, or of wasting money, and refuses to pay out.
Michael Drew 05.29.12 at 2:53 pm
Vallier’s apologies for Hayek actually less defensible even than this. After all, that I can see, Henry is not only not saying that Hayek is dumb, he’s not even saying Hayek made a mistake! He’s just saying he was wrong in the event about a prediction. Making wrong predictions is part of the intellectual enterprise. A prediction can be obviously likely to be wrong at the time it is being made, which is dumb (though doesn’t render the maker dumb), and making it, depending on the context of the prediction, might indeed be a mistake in some instances. But just making a prediction that turns out to be wrong isn’t necessarily a mistake. And it’s only the first-order question that is at issue here: did Hayek make a wrong prediction. That I am aware of, he doesn’t call Hayek dumb or even say it was dumb or a mistake to make the prediction he made in RtS. He’s just arguing the factual case that one turned out to be wrong – and now, in response to specious denials, that the prediction he said Hayek made, Hayek in fact made. So I’m not sure that the academic tic being described here, where figures of esteem to whom academics are sympathetic are presumed to have not made obvious major mistakes in thinking, is even at play. A claim that Hayek did so was not on the table. This is simple disinclination to countenance any negative assessment at all about anything that passed this particular European’s lips.
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