Thursday, May 10, 2007

Morality for Bullies

Arguing with Al Sharpton is like shooting fish in a barrel; evening mentioning his name on this blog makes me feel a little cheap. But this nameless blogger catches Sharpton contradicting himself so directly, so righteously, and with so little self-awareness, that I can’t help but quote him. During a debate with Christopher Hitchens on the topic of religion, Sharpton says the following:

When you raise the issue of morality, if there is no supervisory being, what do we base morality on? Is it based on who has the might at a given time, who is in power? If there is no order to the universe … then who determines what is right or wrong, what is moral or immoral?
Mark that down: the problem with non-religious morality is that it appeals to brute force, to the principle of might-makes-right. Got that? Okay. Now here’s what Sharpton says only seconds later:
There is nothing immoral if there is nothing in charge.
You see? We need God because we need someone in charge. You know, someone really powerful, someone truly mighty, who will tell us what to do.

Need I say more? Nah, I already did.

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Wednesday, May 09, 2007

Dan Klein on Coercion

Dan Klein has an excellent essay at Cato Unbound arguing (inter alia) that the distinction between coercion and voluntary agreement should occupy a central place in economic analysis:

Now, you might be muttering, “Yeah, whatever, but I’m interested in economics. I don’t care to ponder semantic issues about moral and political terminology. Let’s leave that to the philosophers.”

Hold on. We need the distinction between voluntary and coercive action to give meaning to “the free market.” We need it to identify an “intervention.” We need it to measure “economic freedom.” We use it to categorize classes of action, to identify and define industries, to formulate theoretical parallels between one industry and another, and between one polity and another. We use it to formulate reform proposals. Our theories about human interaction make key distinctions based on whether the interaction is voluntary. We generally assume that the individual is bettering his situation in voluntary interaction, but we don’t make the same assumptions in coerced interaction. The distinction between voluntary and coercive is built into many of the key analytic distinctions we use in economics. So it is important that we know what we mean by it.
The danger, as Klein acknowledges, is that focusing on coercion versus voluntarism might encourage more ideological – and thus less analytical – analysis. But the solution is to recognize forthrightly that “coercive” does not equal “always wrong.” It should be perfectly acceptable and comprehensible for an economist, even a libertarian one, to say of a particular policy that it is “coercive but still desirable on net.” For libertarian economists, such cases will be few; for other economists, they might be numerous. But at least we’d be on the same semantic page.

I strongly agree with the overall point, but I think Klein exaggerates the sharpness of the concept of coercion. He defines coercion as “when someone brings physical aggression or threat thereof to your property,” and he defines property as “your stuff, including your person.” Klein admits to the existence of holes and gray areas, but still says “the basic ideas of tangible property, ownership, and consent are cogent and apply so widely that we may think of the exceptions as exceptions.”

Okay, maybe I’m just arguing over how large those holes and gray areas are. But the problem, as I see it, is that many disputes concern exactly what your property is to begin with. Let’s take what Klein regards as one of the few cases where coercion by private actors is routinely tolerated: “loud Harley-Davidsons.” Is this example so obvious? Yes, the Harleys impose noise pollution on nearby homes; this is a kind of negative externality. But as Ronald Coase observed, externalities are reciprocal in nature. To side with the motorcyclists is to harm the home owners – but to side with the homeowners is to harm the motorcyclists. The real question is, what does your home ownership really include? A right to absolute silence? Surely not. But then how many decibels is too much? Does it matter if the motorcyclists had been cycling in your area long before the homes were built? (Or for a more contentious example, does it matter if the airport was built before the nearby homes were constructed under its flight path?) The issue here is not one of coercion versus voluntarism, but of establishing initial property rights.

Klein may have intended the Harley example as a jest. But his more serious example of grazing rights in Montana, where the presumption is that others’ cattle may graze on your land unless you specifically fence them out, suffers from a similar problem. The question again is what rights you really possess in what is otherwise your land. Just as it’s not obvious that you have a right to absolute silence in your home, it’s not obvious you have an absolute right not to have others' animals wander across your yard. Even outside Montana, you don’t need permission in advance to possess animals that might escape and do damage to someone else’s assets – you merely have to pay for any damage after the fact. In other words, land is protected against trespass by animals with a liability rule rather than a property rule. Is Klein saying that all liability rules constitute a form of coercion? If so, that would mean almost the entirety of tort law is an exercise in coercion – which would seriously damage his claim that institutionalized coercion by private parties is “almost never tolerated.”

For these reasons, I would restrict the term “coercion” to two types of cases: (a) Where there is general agreement on initial property rights, and then some action (public or private) takes away those property rights and transfers them to someone else. (b) Where there is general agreement on initial property rights, and then some action (public or private) prevents the owners of those rights from voluntarily transferring them.

This more restrictive definition of coercion would not rob it of all meaning. Taxation clearly falls within category (a), since there is general agreement that your income (or whatever else is being taxed) is indeed yours to begin with, even if it “becomes” the government’s. The minimum wage – Klein’s starting point in this discussion – would clearly fall in category (b), since there is general agreement that workers own their labor and employers own their money and their businesses, yet the law prevents these parties from making voluntary exchanges at mutually agreeable prices. Most of the policies that Klein lists, from drug prohibition to FDA regulations to gun control, would fall into either (a) or (b) or both. And, as Klein indicates, recognizing these as forms of coercion does not necessarily mean opposing them.

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Tuesday, May 08, 2007

Stop Hating on Hate Crimes?

In the past, I’ve found “hate crimes” legislation troubling because any differential in punishment – such as the punishment for killing because of hatred minus the punishment for killing for some other reason – seems to constitute a punishment of mere thoughts. But perhaps not. I find Eric Zorn’s argument here fairly persuasive:

The simplest answer to this is that when hatred for a particular group or class or race is the obvious motive for an attack, that attack becomes, in effect, two crimes. The first is the offense itself. The second is the implicit threat that offense makes to other members of that group, class or race.

That second crime has new victims.

Consider an incident in which someone uses spray paint to deface the garage of a house into which a gay family has just moved.

The crime is vandalism, no matter what. But to argue against the idea of hate crimes is to argue that it shouldn't matter at all to the law whether the graffiti is a smiley face or some hostile, anti-gay slur.

The smiley face is a petty annoyance. The hateful slogan is, in effect, a threat to other gay people in the area -- they might be next.
In essence, the hate-crime punishment is not for having bad thoughts, but for issuing a threat of future violence – something we generally find acceptable to punish, even on libertarian grounds.

Compare David Friedman’s argument for punitive damages in the case of “strategic torts,” that is, torts intended to send a threatening message to other potential victims. If the threat is successful, no future torts will need to be performed. As a result, the tortfeasor gets the benefit of committing many torts – by altering other people’s behavior – while only getting punished for one tort. Similarly, in the case of a hate crime, the hater can get punished for just one or a few crimes, possibly minor crimes, while getting the benefit of affecting many people in the threatened group.

My main concern with this position is that I think most people will tend to perceive hate crime laws as simply protecting the feelings or sensibilities of the protected groups, just as I did before I thought about it Zorn’s way. Indeed, that is often how the laws are justified even by their proponents. When they speak of harms to the protected groups, they often describe the harm in terms of “dignity” rather than threatened rights of person and property. Furthering this perception is the fact that hate crimes laws can be applied even in cases where the motive is not obvious – and thus could not plausibly constitute a viable threat to others.

And the perception matters, since laws like these can set precedents that pave the way for more laws based on (what are perceived to be) similar justifications. There is a slippery slope risk here.

UPDATE: Constant has a reaction over at Distributed Republic, with some good back-and-forth in the comments section (where I've chimed in).

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