Fellow libertarians, paleos, white males, southerners, Christians, Americans, Westerners, heterosexuals ... please join me in apologizing to the dimwit-Serioso types. And I apologize for implying that those not on the list aren't allowed to apologize ... Anyone is. Except dimwit-Seriosos.
Monday, December 12, 2005
Give Us Us Free!
Wednesday, December 07, 2005
Oldie but Goodie: Palmer v. Raimondo
Secret Service Man
I also like this: someone says, "Stephan, will you..." and I cut them off, "Don't you call me Stephan!" Usually stuns them, so they wonder for just a microsecond if they have my name wrong.
Also, when I go shopping w/ the wife, if I have my sunglasses on, as we walk across the parking lot or into a store, I circle around her and hold my hand up to block traffic and people, and scan around like an owl, playing Secret Service man. Wife hates it.
Sometimes, when we approach a restaturant, as I grab the door, I shake it as if it's locked, and give her a crestfallen look. Then she shakes her head and says, "Catholic High"
Tuesday, December 06, 2005
feminism poem
Thoughts on Feminism
Feminism's steminism:
Ugly chicks are plentyism,
And require lots of ventilism
From years of neglectilism
-- The Insightful Buffster, 2002
Thursday, December 01, 2005
King Kong
Wednesday, November 16, 2005
Palmer on Friends of Freedom
I agree with Tom and thank him for promoting Paata, who is indeed a great libertarian. But a bit surprising, since the group he praises--Paata Sheshelidze and the New School of Economics--has published and promoted the work of those P-dog elsewhere condemns as racists, morons, and impediments to the cause of liberty, such as Hoppe and myself. I speak of the heroic "Library of Liberty" series published by the New School of Economics in cooperation with Friedrich Naumann Foundation, which contains Georgian translations of essays by various free market oriented writers. For example, Book I: Basics of Liberalism, published in February 2004, contains Georgian translations of classic essays by Mill, Bastiat, Mises, Ropke, Acton, Hayek, and of course, that great libertarian hero, and Palmer's bete noire, Lew Rockwell. Book II: Liberalism and Power (September 2004) has chapters by Tucker, Spencer, Oppenheimer, Nock, Hayek, Mises, Rothbard, and--gasp!--another pebble in Palmer's shoe--the great modern libertarian theorist Hans-Hermann Hoppe.
Book III. Liberty and Property, was published just last month (October 2005), and I believe Book IV. Liberty and Intellectuals will be published shortly. Book III contains works by Locke, Bastiat, Mises, Rothbard, Demsetz, James Buchanan, Palmer's buddy (and mine! :) Tibor Machan, David Theroux, Richard Stroup, James Dorn, and--heavens to betsy--Hoppe, as well as yours truly. (Full lists below.)
All this, of course, just makes makes Tommy boy's relentless, dishonest, monomaniacal attacks on Hoppe, Rockwell et al. look like the ridiculous, unfair bleating that it is. Poor Tom. I guess everyone but him is blind to the Misesian Menace. Not enough people are infused with his sense of Dimwit-Serioso High Libertarian Purpose, goshdarnit.
I bet it just drives P-dog nuts when he traipses around the world and keeps running into libertarians who love Hoppe and Rockwell. Heh hehh hehh. I apologize for taking a bit too much gleeful satisfaction in this thought.
Update: see page 8 of the Atlas Economic Research Foundation's Summer 2005 newsletter, reporting on the New School of Economics of the Republic of Georgia, and noting:
Oh, wow, the NESG has close ties to the Mises Institute--and was even "inspired by" them. Poor Tom.The idea of organizing a free-market think tank in the Republic of Georgia was born in Auburn, Alabama, USA in August of 2001. At that time the two future founders of New Economic School – Georgia (NESG), Paata Sheshelidze and Gia Jandieri were visiting the Mises Institute, which inspired them to create an institute in Georgia that facilitates change by educating people.
[...] Since 2001, NESG has strengthened itself by building partnerships with like minded institutions around the world including Mises Institute, Cato Institute, Heritage Foundation, Atlas Foundation, and Foundation for Economic Education (all based in the US US), Hayek Institute (Austria), Fraser Institute (Canada), Naumann Foundation (Germany) etc.
***
The "Library of Liberty" Series
(published by the New School of Economics in cooperation with Friedrich Naumann Foundation)
Book I: Basics of Liberalism (Feb. 2004)
1. N. Gorgadze & P. Sheshelidze, Introduction Notes on Liberalism
2. Henry George, Ode to Liberty
3. John Stuart Mill, on Liberty
4. F. Bastiat, The Wisdom of Adam Smith
5. L. von Mises, On Equality and Inequality
6. W. Ropke, Cultural Ideal of Liberalism
7. Lord Acton, The History of Freedom in Antiquity
8. F. A. Hayek, Liberalism (Introduction)
9. Lew Rockwell, An American Classical Liberalism
10. Paata Sheshelidze. Forward to Liberty
Book II: Liberalism and Power (September 2004)
1. Paata Sheshelidze, Introduction Notes - Man's Life as a State's Property
2. Akaki Tzereteli, Kudabziketi (Snobbism)
3. Benjamin R. Tucker, The Relation of the State to the Individual
4. Herbert Spencer, The Great Political Superstition
5. Franz Oppenheimer, The Idolatry of the State
6. Albert Jay Nock, Our Enemy, The State (shorten version)
7. Friederik A. von Hayek, The Road to Serfdom (shorten version)
8. Ludwig von Mises, Middle-of-the-Road Policy Leads to Socialism
9. Murray N. Rothbard, The Anatomy of the State
10. Hans-Hermann Hoppe, Political Economy of Democracy, Monarchy and Natural Order
11. Paata Sheshelidze, End Notes for those who wish to Read More on Free Market
Book III. Liberty and Property (October 2005)
1. John Locke, Of Property (parts from The Second Treatise of Civil Government)
2. Frederic Bastiat, Property and Law
3. Ludwig von Mises, Liberty and Property
4. Armen Alchian, Harold Demsetz, The Property Right Paradigm
5. Murray N. Rothbard, Law, Property Rights, and Air Pollution
6. Roman Kapelushnikov, Theory of Property Rigths (part)
7. James M. Buchanan, Property as a Guarantor of Liberty
8. Tibor R. Machan, In Defense of Property Rights and Capitalism
9. David Theroux, Property Rights v. Environmental Ruin
10. Leszek Balcerowicz, Towards an Analysis of Ownership (part from Socialism, Capitalism, Transformation)
11. Richard L. Stroup and Jane S. Shaw, An Environment Without Property Rights
12. Stephan Kinsella, Against Intellectual Property
13. James A. Dorn, The Primacy of Property in a Liberal Constitutional Order: Lessons for China
14. T. Anderson, L. Huggins, How Secure are property rigths?
15. Hans-Hermann Hoppe, The Ethics and Economics of Private Property
Book IV. Liberty and Intellectuals (forthcoming)
Friday, October 28, 2005
Lucy & Desi -- I don't Get it
What gives? How come it was not likea big scandal?
Thursday, October 27, 2005
Palmer on Hoppe, Coase, and Wealth-Maximization
In a recent post I noted that around 15 years ago, Palmer published two law review articles (Intellectual Property: A Non-Posnerian Law and Economics Approach and Are Patents and Copyrights Morally Justified? The Philosophy of Property Rights and Ideal Objects) arguing against patent and copyright and also critiquing the wealth-maximization "law and economics" approach of Richard Posner. In the first article cited he criticizes "A jurisprudence that claims to be based on “law and economics” but that would constructively assign or rearrange rights as part of a strategy to achieve some pre-determined outcome (maximization of utility or of wealth, for example) .... " Notice that Palmer characterizes Posner's wealth-maximization framework as one that would lead to the rearranging of property rights to try to maximize wealth.
Now Posner is of course a Coasean. And in fact others such as Rothbard, Walter Block (2, 3), Gary North, and Hoppe (2) have made a similar observation about implications of Coase's views (see also the views of Roy Cordato (2); Timothy Terrell's and Sebastian Storfner's summaries of Austrian critiques of Coase). Some of them note that the Coase Theorem could be interpreted as a recommendation that courts assign property rights so as to maximize wealth--in fact this is exactly what uber-Coasian Posner recommends, at least according to Palmer.
What is interesting is that in Palmer's campaign to smear Hoppe by repeatedly distorting Hoppe's views, he also has attacked Hoppe several times (1, 2) for interpreting Coase the way Palmer interprets Posner. He says Hoppe's and Rothbard's reading of Coase as meaning that "that courts assign property rights to contesting parties in such a way that 'wealth' or the 'value of production' is maximized" is an "absurd parody of an interpretation" and a "bizarre misstatement" of Coase. Palmer goes on:
Hoppe once attacked another panelist at a conference who had discussed the Coase Theorem by accusing the panelist (and Coase) of arguing that judges should be empowered to confiscate and rearrange property whenever the judge determined that the new distribution would be efficient. Now Coase has never said that and that’s not a part of or even an implication (at least, not without a number of questionable additional premises) of the Coase Theorem.
So, let me get this straight: Palmer's interpretation of Coasian wealth-maximizer Posner is reasonable, while Rothbard and Hoppe's interpretation of Coasian wealth-maximizer Coase is absurd and bizarre...? Of course a given interpretation of Coase is open to reasonable criticism, but is Palmer's attack here--given his history of blatant distortions of Hoppe's views, repeated even after being exposed, and given his similar views on one of the chief Coasians--a reasonable one, or merely evidence of his desperate attempts to smear Hoppe?
For links to other libertarian critics of Coase, see this post.
Palmer on Patents
Palmer's recent comments about patents are interesting in view of his previous publications about intellectual property.
First, around 15 years ago, Palmer published two law review articles (Intellectual Property: A Non-Posnerian Law And Economics Approach and Are Patents And Copyrights Morally Justified? The Philosophy Of Property Rights And Ideal Objects) arguing against patent and copyright and also critiquing the wealth-maximization "law and economics" approach of Richard Posner. Note that he opposed patents on principled grounds, and rejected the wealth-maximization approach. E.g., as he noted in the first article (p. 303),
A jurisprudence that claims to be based on “law and economics” but that would constructively assign or rearrange rights as part of a strategy to achieve some pre-determined outcome (maximization of utility or of wealth, for example) overlooks the analogy between the spontaneous order of the market and the spontaneous order of a legal system.
I.e., according to Palmer, Posner's wealth-maximization framework would lead to the rearranging of property rights to try to maximize wealth. Something he presumably opposes.
Anyhoo, back in 2003 some of Cato's scholars (Doug Bandow and Michael Krauss) came out in favor of restrictions on free trade based on the notion that reimportation of drugs would allow consumers to avoid some of the monopoly price charged due to the US patent system. Cato's adjunct scholar (and utilitarian) Richard Epstein has also argued in favor of patents, especially in the field of pharmaceuticals, and on this ground also opposed reimportation. Thus, as I have noted previously, support for intellectual property rights leads once again to the undermining of genuine private property rights, such as the right to trade.
This call for restrictions on free trade caused an outcry in the libertarian community, prompting Ed Crane and Roger Pilon to meekly disavow Bandow's and Epstein's protectionism. Interesting, this piece apparently endorses "the need for drug patents to encourage R&D"--this apparent endorsement of a utilitarian, wealth-maximization approach to policy seems to conflict with Pilon's principled, deontological, non-utilitarian, rights-based libertarianism--as shown in his 1979 Georgia Law Review article "Ordering Rights Consistently: Or What We Do and Do Not Have Rights To" and his 1979 University of Chicago Ph.D. dissertation, "A Theory of Rights: Toward Limited Government."
In recent posts Palmer appears to bend over backward to soften his previous principled anti-patent stance so that he does not conflict with other pro-patent Catoites--apparently now including Krauss, Bandow, Epstein, Crane, and Pilon. Writes Palmer:
I've been critical of the patent system in the past. Mr. Brady has given me a quiz about whether I conform to his vision of right-thought or have drifted further into thought crime[,] as he defines it. I am not a fan of the patent system and think we could generally live well without it. (I've posted a few articles on my web site indicating why.) The one exception to that general hostility to patents, as I have suggested elsewhere, is the system of patents for chemicals, notably pharmaceuticals. Because chemical compounds are relatively easy to reverse-engineer and can be successfully marketed independently of their role in a larger product (unlike, say, innovations in jet engine design, which often are only valuable as part of a kind of engine), patents may indeed generate incentives for innovation that greatly improve human welfare. That's an argument for them. Since the innovation has the characterstics of public goods (costly to exclude and non-rivalrous in consumption, the latter being the relevant feature here), a good profit maximization strategy ought to be price discrimination, by which those who can pay more do so and others pay less.
Re the "public goods comment--note in the "Non-Posnerian" above piece Palmer's sensible criticisms (pp. 284-85) of the coherence of the very notion of public goods. As for the "suggested elsewhere" comment, he must be referring to this post, where he writes:
Pharmaceuticals and chemicals offer undoubtedly the best cases for patent protection on utilitarian grounds. In my Hamline Law Review article ..., p. 301, I quoted from a study by Edwin Mansfield from the American Economic Review in which he pointed out that "patent protection was judged to be essential for the development or introduction of one-third or more of the inventions during 1981-1983 in only 2 industries -- pharmaceuticals and chemicals." That seems not to have changed. The reason is pretty easy to understand: reverse-engineering in the case of chemicals (which broadly includes pharmaceuticals) is quite easy. In the case of pharmaceuticals, at least, R&D costs are very high and would still be high even without some of the very costly efficacy tests imposed by the Food and Drug Administration. Furthermore, the benefits of new pharmaceuticals are enormous. If one were to make a case for patent law, that's the strongest industry for which to make it.
Palmer has elsewhere rejected the wealth-maximization approach, so what does it matter that pharmaceuticals is the "best case" that can be made under this approach? Why does he say the case of patents for pharmaceuticals is "one exception to" his previous "general hostility to patents," when this case is utilitarian and wealth-maximization based, an approach he has rejected (and presumably he still maintains that even under the wealth-maximization approach the case fails).
Note how snippy he is to Mark Brady's questions to him about patents--"Mr. Brady has given me a quiz about whether I conform to his vision of right-thought or have drifted further into thought crime[,] as he defines it." It is as if Palmer is annoyed that in response to his seemingly pro-patent comments, his previous principled and anti-patent writings are being waved in his face. Given so many of his colleagues' utilitarian endorsement of patents, is Palmer now embarrassed by his previous opposition to both? Is he trying to say that he is still principled, and anti-patent, but that the dominant pro-patent, utilitarian approach of prominent Catoites is "respectable"--or that he has (sort of?) softened his "hostility" to this approach? It wouldn't be the first time Palmer's views have "evolved".
Wednesday, October 05, 2005
Hurricane Rita and its Devastating Effect on Houston
With all the news lately about Hurricane Katrina, we shouldn't forget That Houston has had it's share of devastating weather also.
The attached photo illustrates the damage caused to a home when Hurricane Rita passed through the Houston area a couple of days ago. It really makes you cherish what you have, and reminds us not to take life for granted!
Monday, September 19, 2005
Katrina and Country Music
The Wal-Mart store in uptown New Orleans, built within the last year, survived the storm but was destroyed by looters.
"They took everything - all the electronics, the food, the bikes," said John Stonaker, a Wal-Mart security officer. "People left their old clothes on the floor when they took new ones. The only thing left are the country-and-western CDs. You can still get a Shania Twain album."
Thursday, September 08, 2005
On Lawyers as Commodities
"An auction is a great way to buy pencils," says John Marzulli, a partner at Shearman & Sterling, one of GE's preferred M&A counsel. "It doesn't seem to me to be the best way to select your counsel for a complex multibillion-dollar acquisition. We like being part of their network, but we didn't enjoy the selection process."I bet not.
Wednesday, September 07, 2005
Interesting Hurricane Katrina Comments and Links
- An Unnatural Disaster: A Hurricane Exposes the Man-Made Disaster of the Welfare State, Objectivist Robert Tracinski
- Katrina and the End of Illusions, Justin Raimondo
- Interdictor: Survival of New Orleans Blog, Michael Barnett
- A Dismal Reality: It Wasn't Supposed To Be This Way, Fred Reed
- Africa in our Midst: Lessons from Katrina, Jared Taylor
Tuesday, September 06, 2005
New Rouge
So, Daddy has registered www.newrouge.org and am temporarily pointing it to www.kinsellalaw.com/newrouge. Of course, I apologize for this shameless action.
Wednesday, August 31, 2005
Funny Australian Travel Questions
Q: Does it ever get windy in
A: We import all plants fully grown and then just sit around watching them die.
Q: Will I be able to see kangaroos in the street? (
A: Depends how much you've been drinking.
Q: I want to walk from
A: Sure, it's only three thousand miles. Take lots of water.
Q: Can you give me some information about hippo racing in
A: A-fri-ca is the big triangle shaped continent south of
Q: Which direction is north in
A: Face south and then turn 180 degrees. Contact us when you get here and we'll send the rest of the directions.
Q: Can I bring cutlery into
A: Why? Just use your fingers like we do.
Q: Can you send me the
A: Aus-tri-a is that quaint little country bordering Ger-man-y, which is...oh forget it. Sure, the
Q: Can I wear high heels in
A: You are a British politician, right?
Q: Are there supermarkets in
A: No, we are a peaceful civilization of vegan hunter/gatherers. Milk is illegal.
Q: Please send a list of all doctors in
A: Rattlesnakes live in A-meri-ca, which is where YOU come from. All Australian snakes are perfectly harmless, can be safely handled and make good pets.
Q: I have a question about a famous animal in Australia, but I forget its name. It's a kind of a bear and lives in trees. (
A: It's called a Gum Drop Bear. They are so called because they drop out of Gum trees and eat the brains of anyone walking underneath them. You can scare them off by spraying yourself with human urine before you go out walking.
Q: Do you have perfume in
A: No, WE don't stink.
Q: I have developed a new product that is the fountain of youth. Can you tell me where I can sell it in
A: Anywhere significant numbers of Americans gather.
Q: Do you celebrate Christmas in
A: Only at Christmas.
Q: Will I be able to speak English most places I go? (
A: Yes, but you'll have to learn it first.
Thursday, August 25, 2005
Quoting La Me
I agree that most people do not want liberty; that is why we do not have it. IMO those who think we can "win" the battle for liberty are just deluding themselves. Why libertarians, who denounce altruism etc., feel as if it's some moral duty to go around wasting large parts of their life in some campaign for liberty is beyond me--it's altruistic; it's futile; it's a waste of time, since one is at most barely increasing the odds, that we will temporarily and slightly increase liberty, the puny benefit of which falls primarily on those who do not deserve it.I have spoken. So let it be written, so let it be done (affecting Yul Brenner Pharao pose)
Coda:
In the wake of some emails, let me add a few clarifying commments. I am not saying that it is a waste of time to try to work for liberty. To the contrary. I am saying that one would have to view it as a waste of time, if one really believed the costs of fighting the battle must be justified by the gains achieved--because one must delude oneself into making the equation balance. I just reject the equation. I help fight for liberty because it is the right thing to do. If I strutted around like some libertarians who claim that in their devotion to the struggle for liberty they are "making a difference"--certainly "more of a difference" than people like me who don't write "influential books" or a daily op-ed column or give speeches to socialist legislators in Arabia--then if I were honest I would have to say, it's really not worth it. If the justification for spending time and effort and money etc. to fight for liberty is whether or not we are "winning," then the project is a failure, on those terms. As I noted above, the actions of most of us at most result in a slightly higher chance at barely, and temporarily, increasing liberty--or, more likely, slowing down the rate of increase in government growth--primarily for the benefit of the masses who at root are to blame for the problem in the first place. And honest analysis realizes this.
Freeing oneself from self-delusion is essential for self-honesty and integrity. It also frees one to take principled positions and to avoid making the dishonest and irritating mistake of judging the truth or value of a theory or view by its "strategical" significance.
I cannot count the number of times some irritating jerk libertarian says to me, in response to a theory or normative proposition, "but that is not going to persuade anyone." They immediately assume that everything is to be judged by strategy, rhetoric, persuasiveness. I see nothing wrong with using such standards when appropriate. For example if I am proposing a method or argument to persuade people, then it is relevant whether the proposed argument or technique is persuasive. But when I assert to a fellow libertarian that we have a right to such and such, or that there is no right to xyz, for such and such reasons--it is just a non sequitur, a category mistake--and usually smarmy disingenuity, IMO--to say BUT that is not "going to persuade people." Hey dumbass--I never said it was gonna persuade others. These type of libertarians are in my view basically moral skeptics, relativists, and/or utilitarians. They are incapable of discussing anything normative. Moral talk is simply not "useful." What good, after all, does it to do identify moral truths, if it does not persuade others?
By this logic, there are no rights violations; there is only power. After all, even if libertarian rights could be proved by the Word of God delivered in an engraved envelope--still, an aggressor could disregard it. "Telling" him that he is violating your rights will "do no good." Yes. So? And so? What is the point of this elementary school observation? This entire mindset is that of the self-proclaimed "pragmatist" who does not want to say there are no rights--after all, it might be "useful" if some people do believe in them--but he does not really believe in them. He, in engineer-like fashion, cares only about "practical" "results." And I have no problem with this. But I would prefer they be honest. If I say, "there should be no murder," don't say "that's not practical"; it's not "impractical"; it's a normative truth. To say the rule against murder is "impractical" is to fail to distinguish between ought and is.
Every 5-15 years you see some libertarians waxing about how we are winning the battle, or that we can win the battle, all we need to do is... As far back as the 1930s etc.... They have to delude themselves and engage in wishful thinking and rah-rah political rally self-delusion ("we can win! we can win the Presidency! This year we will get 100 million votes if we just get our message out there!!!"). They have to delude themselves because they have bought into the idea that the cost of the fight is a worthwhile "investment" in the struggle to "achieve" liberty. They must believe that worth it to fight for liberty, implying they think we have, or can, achieve suffiient "gains" to "outweigh" the "Costs". This is naive and wide-eyed gullibility, wishful thinking.
Me--I say, be a libertarian activist if you want (of whatever stripe: more academic, like some of us; a blogger; a writer; join a local discussion group; run for office; donate your time or money to something; help promote economic education and literacy; whatever). I am, myself, to a degree. It's okay to spend effort on a cause one is passionate about. I expend effort reading science fiction, and don't seek to justify it w/ some made-up phantom tangible gains. Fight for liberty for its own sake. If you fight for it based on the gains, you will soon give up.
Wednesday, August 24, 2005
Please forgive me
Tuesday, August 23, 2005
Called to the Bar
Also, I notice many Europeans put their last name in all caps, like my co-author Noah RUBINS. Not sure why they do this. It's on the verge of being annoying, but I think there may be some reason.