The Cato Home Study Course, Vol. 7: The Bill of Rights and Subsequent Amendments to the Constitution
The fight over ratification of the Constitution was won by its proponents, the Federalists, only by means of a compromise with their opponents, the Anti-Federalists. That compromise was the addition of the Bill of Rights, the first ten amendments to the Constitution. The fear of a consolidated government was by no means new or unique to Americans; it grew out of a long history of struggles to limit the powers of kings, going back at least to Magna Carta. The various efforts to tie the rulers down with constitutional chains are charted in the audiocassettes for this module and documented in the readings, including Magna Carta, the Petition of Right, and the English Bill of Rights. Fear of expanding government is not out-of-date, as David Boaz demonstrates in his chapter “What Big Government Is All About.”
The audiocassettes for this module explain the background and meaning of each of the amendments in the Bill of Rights, as well as the debates over their ratification. In addition, all of the subsequent amendments to the Constitution are examined and explained.
Readings to Accompany The Audio
From From Magna Carta to the Constitution: Documents in the Struggle for Liberty: Magna Carta (1215) (pp. 1-16); The Petition of Right (1628) (pp. 19-24); the English Bill of Rights (1689) (pp. 37-46); the American Bill of Rights (1789) and subsequent amendments to the Constitution (pp. 90-101).
From Libertarianism: A Primer: Chapter 9, “What Big Government Is All About” (pp. 186-209).
From The Libertarian Reader: Roger Pilon, “The Right to Do Wrong” (pp. 197-201).
Some Problems to Ponder & Discuss
• Why list rights if no exhaustive list could be written? And why list activities and powers forbidden to government if those powers are not authorized in the first place? Is the Bill of Rights a redundancy in the Constitution?
• How are “natural rights” related to “legal rights” and “procedural rights”?
• Is it “undemocratic” to limit by law what the people may do?
• How can law limit itself?
• What good are “parchment barriers” to tyranny?
• What other items might you have added to the Bill of Rights, especially considering the experience of the years following the ratification of the Bill of Rights?
• Would an amendment to the Constitution limiting the terms of office of members of Congress (the president is already limited to two terms) help to secure limited government?
• The Ninth Amendment (“The enumeration in the Constitution of certain Rights shall not be construed to deny or disparage others retained by the people”) speaks of other rights retained by the people. What might those other rights be?
• In Article I, Section 8, of the Constitution, the Congress is empowered to “provide for the common Defence and general Welfare of the United States.” How is this related to the Tenth Amendment (“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively or to the people”)?
Suggested Additional Reading
The Rights Retained by the People: The History and Meaning of the Ninth Amendment, Randy E. Barnett, ed. (Fairfax, Va.: George Mason University Press, 1989). The Ninth Amendment to the Constitution reads: “The enumeration in the Constitution of certain Rights shall not be construed to deny or disparage others retained by the people.” This collection of historical documents and articles by legal scholars shows how the Ninth Amendment places checks on the power of government.
Leonard Levy, The Emergence of a Free Press (Oxford: Oxford University Press, 1985). Despite focusing principally on the First Amendment to the Constitution, this book offers valuable historical background to the Bill of Rights generally. Especially useful are Chapters 6 (“On the Eve of the American Revolution”) and 7 (“From the Revolution to the First Amendment”).
Herbert J. Storing, What the Anti-Federalists Were For: The Political Thought of the Opponents of the Constitution (Chicago: University of Chicago Press, 1981). Storing offers a synoptic view of the Anti-Federalist arguments and concerns and makes it clear that the Anti-Federalists were important shapers of the American constitutional system; the chapter of special relevance to the present module is Chapter 8, “Bill of Rights” (pp. 64-70).
For Further Study
James Bovard, Lost Rights: The Destruction of American Liberty (New York: St. Martin’s, 1994). Bovard documents the active disregard for the Bill of Rights under current policies. This book reveals the great distance between the law of the land—the U.S. Constitution, as amended—and the “laws” issued by Congress, federal executive-branch agencies, and state and local governments.
Michael P. Zuckert, Natural Rights and the New Republicanism (Princeton: Princeton University Press, 1994). This book shows the roots of Whig and natural law thinking about the ends and limits of political power and how those were extended and developed by the American Founders.
The Bill of Rights: A Documentary History, Bernard Schwartz, ed. (New York: Chelsea House, 1971). This two-volume set includes the various precursor documents to the Bill of Rights, as well as excerpts from the correspondence of Madison, Jefferson, and others. Schwartz has also written a history of the Bill of Rights, The Great Rights of Mankind: A History of the American Bill of Rights, 2d ed. (Madison, Wis.: Madison House, 1992).
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Climate Models Veer Off Course
Paul C. "Chip" Knappenberger and Patrick J. Michaels
Global Science Report is a weekly feature from the Center for the Study of Science, where we highlight one or two important new items in the scientific literature or the popular media. For broader and more technical perspectives, consult our monthly “Current Wisdom.”
A new paper shows that climate models are getting worse at replicating a collection of known climate changes as incentivized efforts to improve them have them universally veering off course.
Anyone who is familiar with John Allison’s book The Financial Crisis and the Free Market Cure knows that incentives can drive otherwise “independent” decisions in a common direction, with sometimes disastrous results. Allison documents how a collection of government incentives (intentionally and unintentionally) drove decisions in the wider financial markets towards overinvesting in residential real estate. The resulting massive misallocation of funds and ultimate bubble burst sent us into the Great Recession, from which we have yet to recover.
Obviously, that was not the intended outcome of the federal policies, but as Allison writes “Intentions that are called ‘good’ often do not produce favorable outcomes.” Allison argues that a free market, one that is free from centralized incentives, and one in which truly independent decisions are being made, is less susceptible to a universal failure and that when failures do occur, they are not as severe and they are more quickly recovered from. Had the financial markets been operating without federal regulations and incentives, not only would the Great Recession not have occurred (or would have been minor), but that our country would be in a much healthier financial state with an overall higher standard of living for everyone.
Not only can (and do) targeted incentives lead financial markets astray, they also operate the same way in the field of science.
In either case, the ultimate effect is to steer the outcome away from its most efficient pathway and instead send it veering towards dangerous territory that is marked by a decline in our overall well-being.
This is nowhere more evident than in the field of climate science, as a new paper by the University of Wisconsin-Milwaukee’s Kyle Swanson clearly illuminates.
In his work “Emerging selection bias in large climate change simulations,” Swanson finds that the new generation of climate models has become worse at matching recent climate change than the generation of models which they supplant.
According to Swanson:
[T]he current generation (CMIP5) model ensemble mean performs worse at capturing the observed latitudinal structure of warming than the earlier generation (CMIP3) model ensemble. This is despite a marked reduction in the inter-ensemble spread going from CMIP3 to CMIP5, which by itself indicates higher confidence in the consensus solution. In other words, CMIP5 simulations viewed in aggregate appear to provide a more precise, but less accurate picture of actual climate warming compared to CMIP3.
The climate model collective is becoming more precise, but more precisely wrong.
Swanson suggests that the reason for the deteriorating overall performance of a collection of somewhat “independent” models is that the model developers are focusing too intently on trying to improve a single aspect of climate model performance, that being a better replication of the observed climate changes which have been taking place in the Northern Hemisphere high latitudes. Previous versions of climate models generally tend to underestimate the magnitude of the loss of Arctic sea ice in recent decades and the resulting feedbacks to other aspects of the regional climate.
There is increasing incentive for model developers to get this aspect of climate change right.
It comes from the high profile attention (from climate activists and the media) that is heaped upon observed changes in the Arctic. Just think of all the stories that you have heard about the loss of Arctic sea ice, and the threat to polar bears, seals, native peoples, etc. When it comes to a poster child for global warming, there is little better than some furry dewy-eyed arctic creature precariously perched upon the last bit of ice in an otherwise ice-free Arctic ocean. If climate models are under-predicting the extent of climate changes there, their potential as a tool to force climate change mitigation efforts (e.g., a carbon tax) is being under-realized. The sooner this situation is rectified, the sooner we can get on with saving mankind from itself. Or so it goes.
But does doing a better job in the Arctic lead to more valuable models?
Swanson isn’t so sure:
While the observed Arctic warming is spectacular and important, it is unclear why it is more important from the perspective of the evolution of the overall climate system than the relatively modest warming in the tropics and southern hemisphere. It is unclear whether the CMIP5 simulations are even getting the reason for the actual Arctic warming correct, as they are inconsistent with the strong Arctic warming but only modest warming in the Northern Hemisphere midlatitudes and tropics that best describes the recent evolution of the actual climate system.
So what we are left with is a giant mess. Newer models overall perform worse than older models, and in the specific region where the new models are designed to replicate the observed climate the best—the Arctic—it isn’t even clear that they are getting things right for the right reason.
This situation is not much different than the situation leading up to the Great Recession.
In that case, government incentives reduced the independence of decision-making in financial markets. With climate models, environmental incentives have reduced the independent decision-making in model development.
Swanson describes the situation like this:
[T]he proverbial ‘marketplace of ideas’ about how climate change has and will continue to occur has shrunk. Instead of 38 unique models, each responding differently to increased anthropogenic forcing, in the CMIP5 project climate simulation is evolving towards a state where there are 38 ‘unique’ models that all respond the same.
Incentives have driven a misallocation of resources towards producing an outcome which is getting ever further from the optimal one. Consequences may follow which lead to a decrease in human well-being (for example, restricting the development of inexpensive and reliable sources of energy).
Swanson provides some suggestions as to how to get climate models back on the right course:
Whether through re-examination of the radiative forcings that underlie climate change, the dynamical variability of the models, the sensitivity of the models to imposed radiative forcings or the heat uptake of model oceans, a healthy dose of diversity must somehow be reintroduced into climate simulation enterprise. [references removed]
Allison also recognizes the need to have more diversity in financial decision-making to avoid looming future disasters from deficits in social security and Medicare, annual operating deficits and unfunded government pension liabilities. In his book, he lays out the steps that must be taken to get things going again in the proper direction.
Righting the ship will not be easy. Allison sums up the situation why, which in form, applies equally well to financial markets as well as climate (and all) science:
People cannot think unless they are free to think. Government rules and regulations literally prevent thought and prevent experimentation. A free market is a massive experiment in competing ideas, the most productive of which win out. Most of the experiments fail, but even failed experiments lead to a better understanding. When intellectual elitists stop the experiments because they are smarter than the rest of us and know what is in the “public good’ the learning stops—witness the Soviet Union. By now, the elitists should know better. Often the use public good as an excuse for their own lust for power. Those of us who have had to face government bureaucrats often see the lust for power as the true motivation and the “public good” as the bureaucrat’s rationalization.
References:
Allison, J. a., 2013. The Financial Crisis and the Free Market Cure: Why Pure Capitalism s the World Economy’s Only Hope. McGraw-Hill, New York, 278pp.
Swanson, K., 2013. Emerging lection bias in large-scale climate change simulations. Geophysical Research Letters, doi:10.1002/grl.50562
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The Cato Home Study Course, Vol. 6: The Constitution of the United States of America
The Constitution of the United States of America is part of a long line of charters written and implemented to establish strictly limited governmental power that is nonetheless strong enough to secure the rights of the people. As the fundamental law of the land, the text of the Constitution should be known by every American citizen.
In this module, the historical background to the proposal for a new Constitution is examined in detail, as well as the text of the Constitution itself and the struggle between its opponents and its advocates over ratification. The result was by no means a simple victory for advocates of a new national constitution; it was something quite different, a result shaped as much by Anti-Federalists as by Federalists. The Constitution as adopted incorporated a Bill of Rights capped by an explicit statement of the limited nature of the powers accorded to the federal government.
In seeking to establish a government powerful enough to secure the rights of the people, the Framers had to confront the problem of how to limit that power and constrain it from expanding whenever expansion might be in the interest of the most powerful factions. To secure that end, the Framers applied the doctrines of the separation of powers, or of “checks and balances,” and maintained the independence of state governments. In addition, such mechanisms as the staggered six-year terms of the Senate were designed to temper policy and to insulate it from occasional paroxysms of popular sentiment.
The most profound political thinking and writing are usually called forth during great political and legal conflicts. The debates over the Articles of Confederation and the Constitution proposed as a substitute for them are no exception. The Federalist Papers and the various lesser known Anti-Federalist Papers exhibit an extraordinary degree of practical and philosophical sophistication.
This module examines both sides of what is perhaps the most important issue dividing Americans today, one that is still hotly debated in American jurisprudence: does the government have all the powers it might wish to claim, except those specifically denied it in the Constitution, or does it have only those powers specifically enumerated in the Constitution?
Readings to Accompany The Audio
From From Magna Carta to the Constitution: Documents in the Struggle for Liberty: Articles of Confederation (1778) (pp. 63-74); Constitution of the United States of America (1789) (pp. 75-89).
From The Libertarian Reader: James Madison, “Federalist Number Ten” (pp. 13-19); Richard Epstein, “Self-Interest and the Constitution” (pp. 42-52)
From Libertarianism: A Primer: Chapter 6, “Law and the Constitution” (pp. 115-26).
Some Problems to Ponder & Discuss
• In Article I, Section 8, of the Constitution, the Congress is granted the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” What role do the terms “necessary” and “proper” play in this clause?
• James Madison, in Federalist No. 10, addresses the problem of limiting the power of majority factions. His answer was not to eliminate the causes of faction, for that would mean eliminating liberty and even human nature itself, but to seek “relief … only … in the means of controlling its effects.” A national government, Madison argued, would be more likely to secure republican liberty from the dangers of majority faction than would local government only: “Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other.” In protecting against the danger of majority faction, however, did Madison at the same time open the door to minority faction, or what we today term “special interests”? Did Madison’s solution also make it more difficult to motivate a majority, for example, taxpayers, with a “common motive” to protect their rights against minorities, in this case, subsidized special interests? What constitutional innovations or amendments might guard against both majority and minority tyranny?
• Is there a distinction between judicial review and nullification of unconstitutional laws, on the one hand, and judicial lawmaking or usurpation of the legislative power, on the other? Are there other mechanisms, in addition to judicial review, to combat or resist usurpation of or encroachment on the rights of the people by the other branches of government?
• In Article I, Section 8, of the Constitution, the Congress is granted power to “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States… .” Does this mean that the Congress has been granted the power to take any act it believes will “provide for the … general Welfare”? Is there a contrast between “general welfare” and “particular welfare”? Is the term “general” a limiting or an empowering term? What is the meaning of this section?
Suggested Additional Reading
Roger Pilon, “Restoring Constitutional Government,” Cato’s Letter No. 9 (Washington: Cato Institute, 1995). This pamphlet, available from the Cato Institute, explains how the Constitution established a government of delegated, enumerated, and thus limited, powers and how to restore such constitutional government today.
Alexander Hamilton, James Madison, and John Jay, The Federalist Papers (many editions). Few people read The Federalist Papers in their entirety; many were written on topics of little interest today or on very specific issues of the Constitution then being debated. The papers that definitely deserve special attention today include No. 1 (introduction to the structure and objectives of the papers); No. 10 (union as a safeguard against domestic faction and insurrection—included in The Libertarian Reader); No. 45 (assuring that the powers and rights of the states have been maintained); No. 46 (ensuring that the states have been left ample power to counteract an ambitious national government); No. 47 (arguing for the separation of powers); No. 48 (arguing that overlapping powers facilitate separation of powers); No. 51 (arguing for checks and balances, reinforcing the separation of powers through self-interest); No. 78 (arguing for the powers of the judiciary to protect us—via judicial review—from majoritarian excesses); and No. 84 (arguing that the doctrine of enumerated powers renders a bill of rights unnecessary).
The Anti-Federalists: Writings by the Opponents of the Constitution, Herbert J. Storing, ed. (Chicago: University of Chicago Press, 1985). As Herbert Storing and other scholars have pointed out, the so-called Anti-Federalists have an equal claim to being the authors of our constitutional system, through their insistence on the doctrine of enumerated powers and on the Bill of Rights, including the Ninth and Tenth Amendments. Some of the more relevant papers, warning of the dangers of centralized powers and stressing the need for decentralization and legal guarantees against the abuse of power, include the Letter from “Centinel” (pp. 13-20); Letters from “A Federal Farmer” (pp. 32-95); Essays of “Brutus,” 18 October 1787 (pp. 108-17) (contrasting confederal with national government), 29 November 1787 (pp. 127-32) (on the powers of Congress), 13 December 1787 (pp. 133-38), 31 January 1788, 7 February 1788, 14 February 1788, 21 February 1788, 28 February 1788, 6 March 1788, and 20 March 1788 (pp. 162-87) (on judicial powers); 10 April 1788 (pp. 187-91) (on the Senate); Letters of “Agrippa,” 23 November 1787 (pp. 229-30) (contrasting limited government with absolute government), 14 December 1787 (pp. 239-40) (on the need for a “declaration of rights”).
For Further Study
Stephen Macedo, The New Right vs. the Constitution (Washington: Cato Institute, 1987). Macedo carefully examines the original intent jurisprudence of the “new right” school of constitutional interpretation, which argues for an essentially untrammeled majoritarianism. Macedo argues for interpreting the Constitution in light of the theory of rights and government that inspired the Founders, rather than as merely a structure for the exercise of democratic power.
Edwin S. Corwin, The “Higher Law” Background of American Constitutional Law (Ithaca: Cornell University Press, 1955). Corwin shows how the American Constitution rests on a foundation of natural and inalienable individual rights.
From The Libertarian Reader: Lysander Spooner, “The Constitution of No Authority” (pp. 154-60). This essay pushes to the limit the idea of a government based on the consent of the governed and raises important and difficult problems concerning the foundations of political authority, with special attention to the U.S. Constitution.
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The Cato Home Study Course, Vol. 5: Adam Smith’s The Wealth of Nations, Part 2
Note: The Cato University introduction to the Wealth of Nations incorrectly lists three authors. This was an error. The script was written by George H. Smith.
Adam Smith was both moral philosopher and social scientist. He sought to understand the wellsprings of morality as well as the regulating principles of social life. In seeking to understand the natural laws governing the regularities of economic life, Smith took the time to observe carefully how business enterprises operated, how markets were organized, and how the prices at which goods were exchanged were determined. Working out the relationships of “supply and demand” that determine prices in the market was one of his principal concerns. Despite a flawed theory of value, Smith did much to explain how the “higgling and haggling” of the market results in prices that coordinate complex economic and social undertakings. From barter, the important institution of money, in the form of precious metals that are “fit to be the instruments of commerce and circulation,” emerges, greatly increasing the possibilities of mutually beneficial exchange and social coordination.
In this module, the results of Smith’s investigations of the natural rules or laws of exchange are explained and then reinterpreted in light of the “marginal revolution” of the 1870s, which allowed Smith’s enterprise to be put on much more secure footing. An important insight that has survived unchanged, however, is Smith’s crucial distinction between “effectual demand” and “absolute demand.” When someone says, “I want X,” thereby expressing an “absolute demand,” we learn less than if he were to explain how much he is actually willing to give up for a unit of X, that is, his “effectual demand.” “More health and safety” are undoubtedly desirable, but the important question is, “How much convenience, pleasure, and other goods would you give up for another increment of health or safety?”
To overcome the natural poverty of mankind, Smith emphasized, there must be growth in the capital stock. Capital accumulation changes the ratio of labor to capital, meaning that an additional unit of labor can produce more wealth than before, thus raising the living standards of the working masses of the population. Those who are concerned about poverty must be concerned about increasing the stock of capital; increasing the stock of capital is the only way to increase living standards. As Adam Smith and subsequent generations of economists have shown, the free market is probably the most humanitarian institution the human race has ever produced.
What is necessary for wealth creation to proceed and for the attendant rise in living standards is not availability of more natural resources; many resource-poor places are inhabited by rich populations, while resource-rich places are inhabited by poor populations. Good institutions, such as a secure system of private property, freedom of contract, and the rule of law, are necessary for wealth to be produced, as Rosenberg and Birdzell show in the reading from their book.
Readings to Accompany The Audio
From The Libertarian Reader: Adam Smith, “Labor and Commerce” (pp. 258-59), “Free Trade” (pp. 260-62), “The Simple System of Natural Liberty” (pp. 263-64).
From How the West Grew Rich: Chapter 4, “The Evolution of Institutions Favorable to Commerce” (pp. 113-43).
Some Problems to Ponder & Discuss
• Why do humans bargain and trade? What is unique, among all the creatures of whom we have any knowledge, about humans that makes exchange both possible and a necessity of life?
• How does a barter economy evolve into an economy in which exchanges are mediated by money? What is the role of money in facilitating exchange and voluntary coordination of activities? What makes commodities “fit to be the instruments of commerce and circulation”?
• How does capital accumulation, or growth in the capital stock, increase the productivity and wages of labor?
• How did the contributors to the “marginal revolution” in economics improve on Adam Smith’s explanation of the workings of supply and demand? How does the focus on the marginal unit affect our understanding of public policy, for example, of how legally mandated increases in minumum wages can cause unemployment?
• A newspaper article on the boom in the construction industry in south Florida after a hurricane is headlined, “Hurricane Andrew Good News for South Florida Economy.” The boost for the construction industry is “seen.” What is not seen?
• In the 1960s it was popular to assert that Germany and Japan had become rich in the postwar era because all of their factories had been destroyed in the war, allowing them to rebuild new and more technologically advanced factories. The conclusion seemed to be that bombing American factories would make America richer. What is wrong with that argument?
• Are markets characterized only by competition? What about cooperation? What is the relationship between competition and cooperation?
Suggested Additional Reading
Joseph Schumpeter, History of Economic Analysis (Oxford: Oxford University Press, 1954). Schumpeter’s work is a magisterial treatment of its topic; it places Adam Smith in the context of other writers and of what they and Smith set out to explain.
Thomas Sowell, Classical Economics Reconsidered (Princeton: Princeton University Press, 1994). With scholarly precision Sowell sympathetically reconstructs the principle ideas of the classical economists, including Adam Smith. One of the more interesting parts of his treatment is the attention he devotes to the classical economists concern with promoting economic growth as the key to prosperity for the masses of the population.
For Further Study
Edwin G. West, Adam Smith and Modern Economics: From Market Behaviour to Public Choice (Cheltenham, U.K.: Edward Elgar, 1990). West places Adam Smith’s work in the context of modern economic science and demonstrates the continuing relevance of Smith’s work, two centuries after his death, with special emphasis on the inspiration he has given to economic research during the last two decades.
Carl Menger, Principles of Economics (1871; New York: New York University Press, 1981). This book was one of the three books published in the 1870s that revolutionized economics by focusing on the “marginal” unit as the unit of choice that determines exchange relationships (prices). While agreeing with much of what Smith had argued, Menger put economics on a more secure foundation than had Smith.
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The Cato Home Study Course, Vol. 4: Adam Smith’s The Wealth of Nations, Part 1
Adam Smith (1723-90) was not the first to try to understand the market economy, but he may have been the most influential and eloquent observer of economic life. His observation that a person may be “led by an invisible hand to promote an end that was no part of his intention” became the guiding star of an investigation of the beneficial unintended consequences of voluntary exchange, an investigation that still continues strong after more than two hundred years. (Others had reached that insight earlier, as the excerpt from the Tao Te Ching of Lao-tzu in the readings indicates; interestingly, the writings of Lao-tzu were distributed by the anti-Nazi “White Rose” group in Germany to undercut the National Socialist regime.)
In addition to seeking to explain how markets work and how order emerges spontaneously from the voluntary interactions of countless market participants, Smith was very concerned with understanding how virtue fares in commercial society. He saw how commercial relations tend to encourage probity, punctuality, and honesty in dealings. As he observed, “Of all the nations in Europe, the Dutch, the most commercial, are the most faithful to their word.” He argued that this was not due to some unique Dutch national characteristic or racial distinction but was “far more reduceable to self interest, that general principle which regulates the action of every man, and which leads men to act in a certain manner from views of advantage, and is as deeply planted in an Englishman as a Dutchman. A dealer is afraid of losing his character, and is scrupulous in observing every engagement. When a person makes perhaps twenty contracts in a day, he cannot gain so much by endeavouring to impose on his neighbors, as the very appearance of a cheat would make him lose. Where people seldom deal with one another, we find that they are somewhat disposed to cheat, because they can gain more by a smart trick than they can lose by the injury which it does their character.” Smith follows up this observation with a dry remark that certainly rings true: “They whom we call politicians are not the most remarkable men in the world for probity and punctuality.”
Enemies of free-market relationships tend to portray voluntary exchanges as “zero sum,” that is, a gain to one party can come only at a loss to the other. But Smith showed how trade is based on mutual benefit, rather than conflict over fixed resources. The division of labor, so bemoaned by socialists as the source of “alienation,” is seen as the foundation for an enormous system of social cooperation and wealth production. Among Adam Smith’s accomplishments in changing how people think about wealth was his redefinition of “nation”; not only privileged members of the court, but every human being counted as a part of a nation. Eliminating special privileges may be to the short-run detriment of special interests, but free markets and the attendant economic progress and growth are to the long-term benefit of all the members of society, including the least powerful, whose interests count as much as those of the powerful.
A common criticism of classical liberalism is that it focuses too much on the abstract rules of justice, which are, communitarian critics allege, the principles appropriate for abstract men. Benevolence, love, national identity, or some other principle, they believe, would be the proper foundation for a good human society. Smith responded to this criticism in The Theory of Moral Sentiments (excerpted in the readings), and David Boaz examines the issue in his chapter on “Civil Society” in Libertarianism: A Primer.
An Inquiry into the Nature and Causes of the Wealth of Nations, published in the same year as the American Declaration of Independence, is one of the great books of the classical liberal tradition, and one that continues to instruct us in the principles and functioning of the free society.
Readings to Accompany The Tapes
From Libertarianism: A Primer: Chapter 7, “Civil Society” (pp. 127-47); Chapter 8, “The Market Process” (pp. 148-85).
From The Libertarian Reader: Adam Smith, “Justice and Beneficence” (pp. 58-61), “The Man of System” (pp. 209-10), “The Division of Labor” (pp. 253-54), “Society and Self-Interest” (pp. 256-57); David Hume, “Justice and Property” (pp. 135-39); Lao-tzu, “Harmony” (pp. 207-8).
Some Problems to Ponder & Discuss
• If “nothing could be more absurd” than the doctrine of the “balance of trade,” as Smith noted, why has this doctrine persisted and continued to dominate most public discussions of trade policy?
• Which is of primary importance or absolutely necessary for the maintenance of society, benevolence or justice?
• Many people who are hostile to the free market assert that commerce undercuts or erodes moral relations; they believe that people are encouraged by market exchange to think of each other solely as competitors or as sources of benefits, rather than as friends and neighbors, so that “profits” replace affection, goodness, and morality. Smith argues, to the contrary, that commerce encourages the virtues of honesty and fair dealing and that those are the foundations for the flourishing of the other virtues. How could we determine which view is right?
• Adam Smith wrote An Inquiry into the Nature and Causes of the Wealth of Nations. What, for Adam Smith, is a nation?
• The nightly news reporter announces, “The administration today made major concessions in international trade negotiations by agreeing to open American markets to imports of foreign goods.” What might Adam Smith or other economists say about that way of understanding trade relations and policies?
Suggested Additional Reading
Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations (many editions) and The Theory of Moral Sentiments (many editions). The most elegant and scholarly—and certainly the most affordable—editions of the works of Adam Smith are the paperback editions from Liberty Press. These two works reveal Smith the economist and Smith the moral philosopher and show the relationships between the two ways of viewing humanity.
David Hume, Essays: Moral, Political, and Literary (various editions). Hume was a close friend and collaborator of Adam Smith, and he expressed complementary views in his various books and essays. Of special relevance to this module are the essays “Of the Balance of Trade” and “Of the Jealousy of Trade.”
E. G. West, Adam Smith: The Man and His Works (Indianapolis: Liberty Fund, 1976). West offers a sympathetic and enlightening overview of Adam Smith’s ideas.
For Further Study
Ronald Hamowy, The Scottish Enlightenment and the Theory of Spontaneous Order (Carbondale: Southern Illinois University Press, 1987). Hamowy presents a general introduction to the Scottish Enlightenment, the period in the late eighteenth century when such Scottish luminaries as Adam Ferguson, Adam Smith, Francis Hutcheson, and David Hume dazzled the world with the brilliance of their thought, and the central role played in it by the idea of spontaneous order.
T. S. Ashton, The Industrial Revolution, 1760-1830 (Oxford: Oxford University Press, 1962). In a compact presentation, this distinguished economic historian documents the beneficial effects of the Industrial Revolution, which created widespread wealth on a scale never before imaginable, and refutes the many myths about how capitalism and industrialism made the masses miserable.
Neil McKendrick, John Brewer, and J. H. Plumb, The Birth of a Consumer Society: The Commercialization of Eighteenth-Century England (Bloomington: Indiana University Press, 1982). This brilliant work documents the rise of an economy oriented toward satisfying willing buyers, in which, as Neil McKendrick notes, “there were profits—even small fortunes—to be made from very modest artefacts indeed. It is no accident that Adam Smith’s famous example of the division of labour was taken from the manufacture of pins.”
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The Cato Home Study Course, Vol. 3 Part 2: Thomas Jefferson and the Declaration of Independence
The American Revolution is all too often confused with the War for Independence. As John Adams noted in a letter of 1815 to Thomas Jefferson, “What do we mean by the Revolution? The war? That was no part of the Revolution; it was only an effect and consequence of it. The Revolution was in the minds of the people, and this was effected, from 1760 to 1775, in the course of fifteen years before a drop of blood was drawn at Lexington. The records of thirteen legislatures, the pamphlets, newspapers in all the colonies, ought to be consulted during that period to ascertain the steps by which the public opinion was enlightened and informed concerning the authority of Parliament over the colonies.” This lesson examines the “Revolution in the minds of the people” that Adams described, focusing on the Declaration of Independence.
The Declaration of Independence is more than a mere declaration of intention to sever political ties with Britain. It is a carefully crafted argument justifying that intention. It ranks as one of the greatest and most influential political documents of all time. The Founders offered a careful set of arguments for armed revolution, a course that was not undertaken lightly, with full awareness of the consequences. When he signed a document that concluded, “We mutually pledge to each other our Lives, our Fortunes, and our sacred Honor,” each signatory knew that he was signing his own death warrant in the event of failure.
The material in this module reveals the way in which the American experiment in liberty and limited government arose out of the intersection of libertarian moral and political philosophy and the political conflicts of the day, for example, the intersection of support for freedom of trade and attempts by the British government to impose mercantilist policies on the Americans in the interest of the British East Indies Company. A particularly important topic discussed in this module is the glaring contradiction between the claims to liberty and self-government made by the revolutionaries and the existence of the degrading practice of chattel slavery in many of the states.
Thomas Jefferson (1743-1826), in drafting the Declaration of Independence, had, as he later said, “turned to neither book nor pamphlet in writing it”; he attempted simply “to place before mankind the common sense of the subject.” This is strong evidence of the degree to which libertarian ideas, such as those articulated by John Locke in the previous century, had come to permeate popular American thinking on morality and politics. It is notable how many of phrases from Locke’s Second Treatise of Government are echoed in the Declaration of Independence.
In addition to the Declaration of Independence and excerpts from Paine’s writings, the readings include the Declarations of the Stamp Act Congress and of the First Continental Congress, setting out the grievances of the American colonists.
The most enduring legacy of the American Revolution is the attempt to establish a system of individual liberty and limited government governed by law—a system consistent with the nature of human beings as moral agents with inalienable rights. That effort has been an inspiration to lovers of liberty all around the globe.
Readings to Accompany The Audio
From The Libertarian Reader: The Bible, I Samuel 8 (pp. 5-6); Thomas Paine, “Of the Origin and Design of Government” (pp. 7-12) and “Of Society and Civilization” (pp. 211-14).
From From Magna Carta to the Constitution: Documents in the Struggle for Liberty: Declarations of the Stamp Act Congress (1765) (pp. 47-50), Declaration of the First Continental Congress (1774) (pp. 51-56), Declaration of Independence (1776) (pp. 51-62).
Some Problems to Ponder & Discuss
• To what extent were the American revolutionaries defending a tradition of liberty and constitutionalism against encroaching absolutism, and to what extent were they introducing and implementing new principles?
• Were the colonists of British America being “ungrateful” for the protection offered them by the British Empire during, for example, the French and Indian Wars? To what extent does the extension of protection of the sort offered by the British armies obligate the protected?
• What is the distinction between resistance to unjust authority and active revolution seeking to overturn unjust authority? What might justify revolution to “alter or abolish” an established authority?
• What is the role of representation in legitimating political authority?
• What is the distinction between an alienable right and an inalienable right?
• In what way(s) might a legitimate government rest upon the “consent of the governed”?
• How has popular political thinking changed since the time of Paine and Jefferson? In what ways has it become more libertarian, and in what ways less?
• What distinctly Lockean elements can be identified in the Declaration of Independence?
Suggested Additional Reading
Thomas Paine, Political Writings, Bruce Kuklick, ed. (Cambridge: Cambridge University Press, 1989). This book brings together Paine’s most influential works:Common Sense; The Crisis, Number 1; The Rights of Man, Part I; The Rights of Man, Part II; and The Age of Reason, Part First.
The Portable Thomas Jefferson, Merrill D. Peterson, ed. (New York: Viking Press, 1977). This edition includes in its version of the Declaration of Independence the sections deleted from Jefferson’s draft, including his condemnation of the slave trade. Other important writings of Jefferson include “A Summary View of the Rights of British America,” “The Kentucky Resolutions” (in which Jefferson asserted that “free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power”), and the “First Inaugural Address” (in which Jefferson asked, after listing the advantages enjoyed by the inhabitants of America, “With all these blessings, what more is necessary to make us a happy and prosperous people? Still one thing more, fellow citizens—a wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities”).
Carl Becker, The Declaration of Independence: A Study in the History of Political Ideas (1922; New York: Random House, 1958). A distinguished historian neatly explains such matters as the philosophical antecedents to the Declaration, the principles of natural law, and the then-current theory of the British Empire and offers a careful examination of the rhetoric and language of the Declaration itself. This short but brilliant book is inspiring.
David N. Mayer, The Constitutional Thought of Thomas Jefferson (Charlottesville: University of Virginia Press, 1995). This book examines Jefferson’s views on the fundamental constitutional questions about the relationship of the individual to government, the states to the federal government, and more. Rather than mischaracterizing Jefferson as an “agrarian,” Mayer examines Jefferson’s thought on Jefferson’s own terms—as “Whig,” “federal,” and “republican.” He tells how, steeped in English common law doctrines, Jefferson developed a distinctly American philosophy of law. He describes Jefferson’s ideas for reforming criminal law, the immortal principles Jefferson expressed in the Declaration of Independence, his advocacy of a Bill of Rights, and his performance as president. This is an important addition to the literature on the early American republic.
For Further Study
Bernard Bailyn, The Ideological Origins of the American Revolution (Cambridge, Mass: Harvard University Press, 1967). A distinguished American historian examines in great detail the intellectual background of the American Revolution.
John Trenchard and Thomas Gordon, Cato’s Letters: Essays on Liberty, edited and annotated by Ronald Hamowy (Indianapolis: Liberty Classics, 1995). These essays popularized Locke’s ideas and were profoundly influential in both England and America. They are the inspiration for the Cato Institute. Published anonymously in the London Journal from 1720 to 1723, the 144 letters provide a compelling theoretical basis for freedom of conscience and freedom of speech. Virtually half the private libraries in the American colonies contained bound volumes of Cato’s Letters.
The English Libertarian Heritage, David L. Jacobson, ed., with a new foreword by Ronald Hamowy (San Francisco: Fox & Wilkes, 1994). This is an accessible collection of the various writings that influenced the American Founders, notably the most relevant of Cato’s Letters.
Peter Ackerman and Christopher Kruegler, Strategic Nonviolent Conflict: The Dynamics of People Power in the Twentieth Century (New York: Praeger, 1993). The authors offer a thoughtful and careful consideration of resistance theory, with well-developed case studies. This book provides a useful update and application of the theories of resistance to tyranny that were commonly discussed in the eighteenth century.
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The Cato Home Study Course, Vol. 3 Part 1: Thomas Paine’s Common Sense
The American Revolution is all too often confused with the War for Independence. As John Adams noted in a letter of 1815 to Thomas Jefferson, “What do we mean by the Revolution? The war? That was no part of the Revolution; it was only an effect and consequence of it. The Revolution was in the minds of the people, and this was effected, from 1760 to 1775, in the course of fifteen years before a drop of blood was drawn at Lexington. The records of thirteen legislatures, the pamphlets, newspapers in all the colonies, ought to be consulted during that period to ascertain the steps by which the public opinion was enlightened and informed concerning the authority of Parliament over the colonies.” This lesson examines the “Revolution in the minds of the people” that Adams described, focusing on Thomas Paine’s remarkably influential pamphlet Common Sense, published in January 1776 and reprinted 25 times in the next year.
Thomas Paine (1737-1809) wrote several books and pamphlets that greatly contributed to “delegitimizing” the claims to authority of the British state. Paine asserted that “society in every state is a blessing, but government, even in its best state, is but a necessary evil; in its worst state an intolerable one” and directed the reader to the discussion of the nature of rulers in the Bible (I Samuel 8, included in the readings for this module). As to the particular claims of the British monarchy, Paine noted, “No man in his senses can say that their claim under William the Conqueror is a very honorable one. A French bastard, landing with an armed banditti and establishing himself king of England against the consent of the natives, is in plain terms a very paltry rascally original. It certainly hath no divinity in it.”
The material in this module reveals the way in which the American experiment in liberty and limited government arose out of the intersection of libertarian moral and political philosophy and the political conflicts of the day, for example, the intersection of support for freedom of trade and attempts by the British government to impose mercantilist policies on the Americans in the interest of the British East Indies Company. A particularly important topic discussed in this module is the glaring contradiction between the claims to liberty and self-government made by the revolutionaries and the existence of the degrading practice of chattel slavery in many of the states.
The most enduring legacy of the American Revolution is the attempt to establish a system of individual liberty and limited government governed by law—a system consistent with the nature of human beings as moral agents with inalienable rights. That effort has been an inspiration to lovers of liberty all around the globe.
Readings to Accompany The Audio
From The Libertarian Reader: The Bible, I Samuel 8 (pp. 5-6); Thomas Paine, “Of the Origin and Design of Government” (pp. 7-12) and “Of Society and Civilization” (pp. 211-14).
From From Magna Carta to the Constitution: Documents in the Struggle for Liberty: Declarations of the Stamp Act Congress (1765) (pp. 47-50), Declaration of the First Continental Congress (1774) (pp. 51-56), Declaration of Independence (1776) (pp. 51-62).
Some Problems to Ponder & Discuss
• To what extent were the American revolutionaries defending a tradition of liberty and constitutionalism against encroaching absolutism, and to what extent were they introducing and implementing new principles?
• Were the colonists of British America being “ungrateful” for the protection offered them by the British Empire during, for example, the French and Indian Wars? To what extent does the extension of protection of the sort offered by the British armies obligate the protected?
• What is the distinction between resistance to unjust authority and active revolution seeking to overturn unjust authority? What might justify revolution to “alter or abolish” an established authority?
• What is the role of representation in legitimating political authority?
• What is the distinction between an alienable right and an inalienable right?
• In what way(s) might a legitimate government rest upon the “consent of the governed”?
• How has popular political thinking changed since the time of Paine and Jefferson? In what ways has it become more libertarian, and in what ways less?
• What distinctly Lockean elements can be identified in the Declaration of Independence?
Suggested Additional Reading
Thomas Paine, Political Writings, Bruce Kuklick, ed. (Cambridge: Cambridge University Press, 1989). This book brings together Paine’s most influential works: Common Sense; The Crisis, Number 1; The Rights of Man, Part I; The Rights of Man, Part II; and The Age of Reason, Part First.
The Portable Thomas Jefferson, Merrill D. Peterson, ed. (New York: Viking Press, 1977). This edition includes in its version of the Declaration of Independence the sections deleted from Jefferson’s draft, including his condemnation of the slave trade. Other important writings of Jefferson include “A Summary View of the Rights of British America,” “The Kentucky Resolutions” (in which Jefferson asserted that “free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power”), and the “First Inaugural Address” (in which Jefferson asked, after listing the advantages enjoyed by the inhabitants of America, “With all these blessings, what more is necessary to make us a happy and prosperous people? Still one thing more, fellow citizens—a wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities”).
Carl Becker, The Declaration of Independence: A Study in the History of Political Ideas (1922; New York: Random House, 1958). A distinguished historian neatly explains such matters as the philosophical antecedents to the Declaration, the principles of natural law, and the then-current theory of the British Empire and offers a careful examination of the rhetoric and language of the Declaration itself. This short but brilliant book is inspiring.
David N. Mayer, The Constitutional Thought of Thomas Jefferson (Charlottesville: University of Virginia Press, 1995). This book examines Jefferson’s views on the fundamental constitutional questions about the relationship of the individual to government, the states to the federal government, and more. Rather than mischaracterizing Jefferson as an “agrarian,” Mayer examines Jefferson’s thought on Jefferson’s own terms—as “Whig,” “federal,” and “republican.” He tells how, steeped in English common law doctrines, Jefferson developed a distinctly American philosophy of law. He describes Jefferson’s ideas for reforming criminal law, the immortal principles Jefferson expressed in the Declaration of Independence, his advocacy of a Bill of Rights, and his performance as president. This is an important addition to the literature on the early American republic.
For Further Study
Bernard Bailyn, The Ideological Origins of the American Revolution (Cambridge, Mass: Harvard University Press, 1967). A distinguished American historian examines in great detail the intellectual background of the American Revolution.
John Trenchard and Thomas Gordon, Cato’s Letters: Essays on Liberty, edited and annotated by Ronald Hamowy (Indianapolis: Liberty Classics, 1995). These essays popularized Locke’s ideas and were profoundly influential in both England and America. They are the inspiration for the Cato Institute. Published anonymously in the London Journal from 1720 to 1723, the 144 letters provide a compelling theoretical basis for freedom of conscience and freedom of speech. Virtually half the private libraries in the American colonies contained bound volumes of Cato’s Letters.
The English Libertarian Heritage, David L. Jacobson, ed., with a new foreword by Ronald Hamowy (San Francisco: Fox & Wilkes, 1994). This is an accessible collection of the various writings that influenced the American Founders, notably the most relevant of Cato’s Letters.
Peter Ackerman and Christopher Kruegler, Strategic Nonviolent Conflict: The Dynamics of People Power in the Twentieth Century (New York: Praeger, 1993). The authors offer a thoughtful and careful consideration of resistance theory, with well-developed case studies. This book provides a useful update and application of the theories of resistance to tyranny that were commonly discussed in the eighteenth century.
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The Cato Home Study Course, Vol. 2: John Locke’s Two Treatises of Government
John Locke (1623-1704) was undoubtedly one of the most influential individuals who ever lived. Locke considered the great questions of slavery, religious toleration, constitutional government, individual rights, property, the market economy, and the foundations of justice. He was a physician, a philosopher, an economist, and an activist for liberty and limited government. He is also important as an “intellectual bridge” between the broader European civilization and the American revolutionaries whom his work inspired.
This module explores the foundation of Locke’s thinking: the idea of the natural law, “an eternal law to all men,” and his understanding of reason and our common “intellectual nature” as the foundation for the individual’s “dominium” over himself or herself. Since “we are born free as we are born rational,” restrictions or impositions upon our freedom require justification. “Being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” Each of us, Locke argued, has “a property in” his or her person, and that property is inalienable, that is, it cannot be transferred to another. Locke insisted that government cannot rest, as previous thinkers had argued, on the total transfer of the rights of the people to the sovereign, for the simple reason that some rights are by nature inalienable. Just as one cannot transfer one’s moral responsibility for one’s acts, one cannot alienate one’s right over one’s own life.
The true foundation of government rests in the consent of the people to the transfer of certain just powers to government in order to protect their rights, rather than in a total alienation of their rights to government. Government is made necessary by three deficiencies of the “state of nature”: the lack of a known and settled law, the lack of a known and impartial judge to settle disputes, and the lack of a power to back and support the decisions of law. To remedy these “inconveniences” of the state of nature, individuals delegate to government their right to execute the law of nature.
This module sets Locke’s thinking in the context of the political conflicts of his time—notably over an established church and religious toleration, the powers and limitations of the sovereign, and the limits of governmental authority generally—and in the context of the philosophical currents and disputes of his time. The ideas of Hugo Grotius, Samuel Pufendorf, the Levellers (notably Richard Overton, whose essay is excerpted in the readings for this module), Algernon Sidney, Robert Filmer (the apologist for absolutist government whom Locke and Sidney set out to refute), and others are examined and compared with Locke’s ideas.
Locke’s writings helped to set the stage for the modern world, including legal protections for individual rights and constitutionally limited representative government. Most modern thinking bears the trace of Locke’s influence. Locke’s approach has been updated and applied to the problem of “justice in holdings” by Robert Nozick and applied to more concrete problems by David Boaz in his chapter “What Rights Do We Have?”
Readings to Accompany The Audio
From The Libertarian Reader: John Locke, “Understanding Can Not Be Compelled” (pp. 53-57) and “Of Property and Government” (pp. 123-39); Richard Overton, “An Arrow Against All Tyrants” (pp. 121-22); Robert Nozick, “The Entitlement Theory of Justice” (pp. 181-96).
From Libertarianism: A Primer: Chapter 3, “What Rights Do We Have?” (pp. 59-93).
From From Magna Carta to the Constitution: Documents in the Struggle for Liberty: “Agreement of the Free People of England” (1649) (pp. 25-36).
Some Problems to Ponder & Discuss
• What is the difference between the “state of nature” and life in political society? If I am in a political society with one person, can I still be in a state of nature with regard to another? What is the difference between Locke’s state-of-nature theory and Hobbes’s state-of-nature theory, with which it is sometimes confused?
• What does it mean to say that the “state of nature” has a “law of nature” to govern it?
• What would be objectionable, from a Lockean libertarian perspective, about “selling oneself into slavery”? In addition to Locke’s theological arguments (that we are God’s property and therefore cannot sell ourselves), is there a secular argument to the same effect?
• What does Richard Overton mean when he writes, “To every individual in nature is given an individual property by nature, not to be invaded or usurped by any; for everyone as he is himself, so he hath a self-propriety, else could he not be himself”? How could one “not be himself”?
• Is there a difference between the thievery of a petty thief and the taxation policies of government? What about the “taxation policies” of a condominium association that assesses monthly “condo fees” for maintenance of the building, garden, and so forth?
• How does “mixing one’s labour” with naturally occurring resources generate an exclusive property in them?
• What is the difference between “negative community” (an equal right to appropriate) and “positive community” (an equal right to common management or to a share of the common product)? Is the distinction relevant to Locke’s argument about the emergence and justification of private property rights?
• What is the difference between “express consent” and “tacit consent”? If unanimous consent is the best guarantor of the rights of all, but difficult to obtain, how does majority consent serve as a “second best” alternative? Are there limits to what the majority may consent to?
• What does it mean to say that, in cases of just rebellion, it is not the people who have rebelled against their rulers but the rulers who have rebelled against the people?
• What is liberty? Is it the absence of all constraint whatsoever, as some believe, or freedom from the arbitrary will of other humans?
• Once the people have consented to a government, have they consented to submit to whatever that government does?
Suggested Additional Reading
John Locke, Two Treatises of Government. Although a variety of editions of this classic work are available, the most highly recommended is the one edited by Peter Laslett, which provides useful notes and an introduction. The Second Treatise is well worth reading in its entirety, both to appreciate the logic of its arguments and to experience for oneself the rigor of Locke’s libertarian, or Whig, arguments for liberty.
Stephen Buckle, Natural Law and the Theory of Property: Grotius to Hume (Oxford: Oxford University Press, 1991). This very readable and appealing book traces the ideas of natural law and of private property, with an especially interesting chapter on Locke.
A. John Simmons, The Lockean Theory of Rights (Princeton: Princeton University Press, 1992) and On the Edge of Anarchy: Locke, Consent, and the Limits of Society (Princeton: Princeton University Press, 1993). These two books attempt to restate Locke’s arguments in modern philosophical terms, to explicate their meaning, and to apply them to contemporary problems in moral and political philosophy. The reasoning and writing are clear, even if it sometimes seems that Simmons takes special pains to distinguish Locke from the libertarian tradition of which he is so clearly a part.
For Further Study
Algernon Sidney, Discourses Concerning Government, Thomas G. West, ed. (1698; Indianapolis: Liberty Classics, 1990). Like Locke’s Two Treatises of Government, Sidney’s work was written as a response to the arguments for unlimited royal government and served as a powerful inspiration to the American Founders, who referred to Sidney as “Sidney the Martyr,” because he was executed for plotting to kill Charles II. Sidney’s papers, including a draft of the Discourses, were used as evidence against him. Although there is nothing in the work that is incompatible with constitutional monarchy, the indictment of Sidney claimed that the Discourses were a “false, seditious, and traitorous libel,” citing sentences that stated that the king is subject to law and accountable to the people.
Richard Ashcraft, Revolutionary Politics and Locke’s Two Treatises of Government (Princeton: Princeton University Press, 1986). This book provides a thorough introduction to the political background of Locke’s writings and reveals the radicalism of Locke’s views on the legitimacy of government, as well as recounting his intense political activism on behalf of the Whig cause.
Joyce Oldham Appleby, Economic Thought and Ideology in Seventeenth-Century England (Princeton: Princeton University Press, 1978). This book explains the background from which emerged the philosophy of limited government, free markets, and a self-ordering society.
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The Cato Home Study Course, Vol. 1: The Ideas of Liberty
The classical liberal, or libertarian, approach to morality and politics brings together related themes that will be both placed in their historical context and woven together more tightly in the coming modules. In this module, the basic ideas of individual and imprescriptible rights, spontaneous order, and the rule of law are presented and examined. Each of these ideas is implicated in the others: the spontaneous order of the free society is built on a foundation of secure individual rights, and law is intimately connected with liberty, for to be free in society is for all to be equally subjected to the same known law, a law that allows us to coordinate our activities with others and thus to create complex forms of social order. The deep roots of these ideas, reaching back into antiquity, give libertarianism a solidity other political philosophies lack.
Libertarianism draws on a multitude of different sciences, or organized bodies of knowledge, including history, philosophy, economics, sociology, anthropology, and law. Thus, “The Ideas of Liberty” devotes some attention to the status of the human sciences and to the meaning and importance of the principles of intentionality and methodological individualism in properly grounded social science. In addition to laying bare the scientific misunderstandings and equivocations that lie at the foundation of collectivist thinking, “The Ideas of Liberty” explores the relationships of the individual to the group, of action and design to order, of society to the state, of coercion to persuasion, and of “natural law” to “positive law.” The ideas of natural law, natural rights, and “self-proprietorship” are traced through history, from the ancient Greeks to modern times, and used to illuminate the proper relationships between persons and between persons and governments. There is also a careful discussion of the relationship between “rights” thinking and “utilitarianism,” which have been alleged by some philosophers to be mortal enemies. The confusion is eliminated by seeing “utility,” or good consequences, as the goal, and rights as the standard against which policies and practice are judged.
Above all, libertarian ideas are seen as emerging from a long history, rather than as springing full blown from the head of this or that particular philosopher. The treatment of the relationship between the “liberty of the ancients” and “the liberty of the moderns” by Benjamin Constant, included in the readings, is a clear statement of classical liberal thinking and a rebuttal to “communitarian” criticisms of liberal individualism.
Readings to Accompany The Audio
From Libertarianism: A Primer: Chapter 1, “The Coming Libertarian Age,” (pp. 1-26); Chapter 2, “The Roots of Libertarianism” (pp. 27-58).
From The Libertarian Reader: Introduction (pp. xi-xviii); Benjamin Constant, “The Liberty of the Ancients Compared with That of the Moderns” (pp. 65-70).
Some Problems to Ponder & Discuss
• What is the difference between “a Liberty for every Man to do what he lists” (Robert Filmer) and “a Liberty to dispose, and order, as he lists, his Person, Actions, Possessions, and his whole Property, within the Allowance of those Laws under which he is; and therein not to be subject to the arbitrary Will of another, but freely follow his own” (John Locke)? Is liberty the condition of being under no law whatsoever or the condition of being subject only to law that is equally applicable to all, rather than to the arbitrary will of others?
• What role does historical knowledge play in the grounding of libertarian ideas? How does “the lamp of experience” illuminate complex social, political, economic, and legal orders?
• How can a social science based on the intentionality of human action understand establishments that are the “result of human action, but not the execution of any human design” (Adam Ferguson)?
• How can “a human community that successfully claims the monopoly of the legitimate use of physical force within a given territory” (Max Weber) be brought under the rule of law? How useful—and how firm—is the distinction between “society” and the “state”?
• Are the “laws of economics,” for example, that price controls tend to cause shortages and queues, part of the “natural law”?
• Could one defend individual liberty without appealing to the idea of “a property in one’s person”?
• How are the statements “I have a right to do X” (an assertion of “subjective right”) and “It is right that I be allowed to do X” (an assertion of “objective right”) connected?
• What does it mean for a right to be “absolute” and “unconditional”? Does this mean that there are no conceivable circumstances under which it would not apply? Or are rights “contextual” and dependent upon certain conditions?
Suggested Additional Reading
From How the West Grew Rich: Introduction, (pp. 3-36).
Charles Murray, What It Means to Be a Libertarian: A Personal Interpretation (New York: Broadway Books, 1997). This elegant short book sets out the arguments that convinced a distinguished social scientist to adopt the libertarian perspective.
Milton Friedman, Capitalism and Freedom (Chicago: University of Chicago Press, 1962). This book changed the thinking of countless people who, through its pages, came to understand the intimate relationship between the free market and personal liberty.
For Further Study
Norman Barry, On Classical Liberalism and Libertarianism (New York: St. Martin’s, 1987). This accessible little book presents an overview of classical liberal thinking, focusing almost entirely on twentieth century thinkers.
F. A. Hayek, The Constitution of Liberty (Chicago: University of Chicago Press, 1960). This sometimes rather challenging book synthesizes Hayek’s thinking on the relationships among individual rights, limited government, the rule of law, and the spontaneous order of a free society. The most interesting—and least dated—chapters are in Parts I and II (pp. 1-252) and the challenging postscript, “Why I Am Not a Conservative,” in which Hayek argues for the principles of liberty as a guide to reform of the political order.
Western Liberalism: A History in Documents from Locke to Croce, E. K. Bramsted and K. J. Melhuish, eds. (New York: Longman, 1978). This brilliant collection includes both classical liberal writings and essays by some “revisionist” or “modern” liberal writers, such as T. H. Green and John Maynard Keynes.
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Business • OF COURSE JAMIE DIMON KNEW
OF COURSE JAMIE DIMON KNEW
Posted on 27th March 2013 by Administrator in Economy |Politics |Social Issues
Coverup, Harry Markoplos, Jamie Dimon, Madoff, Ponzi, Wall Street banks
Jamie Dimon and the rest of the criminal bankers knew Madoff was running a Ponzi Scheme. They didn’t have a problem with that, because it is their business plan. The entire Federal Reserve fractional reserve banking system is a Ponzi Scheme. Bankers get rich, while the rest of us are screwed. The SEC knew Madoff was running a Ponzi Scheme for years. It took Harry Markopolos a couple days to prove Madoff was running a Ponzi Scheme. You’re telling me the thousands of Ivy League MBA bankers working on Wall Street couldn’t do the basic math to figure out Madoff’s returns were impossible to achieve?
The government doesn’t want this out in the open. Therefore, it will never see the light of day. So it goes.
Madoff points finger at the banks
March 27, 2013, 11:01 AM
Getty Images
Bernard Madoff, speaking out from prison, says the banks knew of his Ponzi scheme all along. Madoff, perpetrator of a $50 billion Ponzi scheme, wrote in a letter to MarketWatch from jail that he is telling government committees about it.
Madoff: From my first interview to the media I have said that ‘the banks must have known,’ and were complicit and contributing to my crime.”
In the emailed letter, he pointed to J.P. Morgan Chase & Co.
/quotes/zigman/272085 /quotes/nls/jpm JPM -1.93%, Bank of New York Mellon Corp.
/quotes/zigman/445224 /quotes/nls/bk BK -1.41%, HSBC Holdings PLC
/quotes/zigman/207333 /quotes/nls/hbc HBC -1.15%and Citicorp Inc.
/quotes/zigman/5065548 /quotes/nls/c C -1.09%He said there are other banks that knew.
Madoff wrote that “the trustee seems unwilling to act on my offer” to help and he is therefore “offering this information to the appropriate governmental committees in the hope that this information will prove helpful in future regulation of the appropriate institutions.”
The House financial services committee and the Senate banking committee had no immediate comment on whether they had received any information from Madoff. A spokesman for the Office of the Comptroller of the Currency declined to comment and a spokesman for the Treasury Inspector General’s office did not return calls.
Madoff’s comments come as prosecutors are looking at whether J.P. Morgan failed to fully alert authorities to suspicions about Madoff’s finances, according to a report in the New York Times on Wednesday.
Madoff’s comments also come as J.P. Morgan Chase & Co. is reportedly embroiled in a squabble with regulators over a government probe into the institution’s relationship with Madoff. According to a January Reuters report, the OCC, J.P. Morgan’s chief regulator, has been unable to obtain documents it has requested from the big bank in connection with an investigation into its relationship with Madoff.
The report cites a letter from Treasury Department inspector general Eric Thorson to J.P. Morgan’s general counsel, Stephen Cutler, saying the OCC has been unable to obtain what it is seeking. Madoff had an account at J.P. Morgan Chase that he used to transfer funds between offices.
Madoff, a former stock broker, investment advisor and white collar criminal, swindled thousands of investors of billions of dollars in what was considered the largest financial fraud in U.S. history. Madoff admitted he turned his asset management business into a massive Ponzi scheme and was sentenced to 150 years in federal prison.
– Ron Orol, Sital Patel
http://www.theburningplatform.com/?p=51695
Statistics: Posted by yoda — Wed Mar 27, 2013 10:30 am
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