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International Ignore the Constitution Day festivities

Today is the 219th annual International Ignore the Constitution Day.

Here’s William Lloyd Garrison, in The Liberator, on December 29, 1832:

There is much declamation about the sacredness of the compact which was formed between the free and slave states, on the adoption of the Constitution. A sacred compact, forsooth! We pronounce it the most bloody and heaven-daring arrangement ever made by men for the continuance and protection of a system of the most atrocious villany ever exhibited on earth. Yes—we recognize the compact, but with feelings of shame and indignation, and it will be held in everlasting infamy by the friends of justice and humanity throughout the world. It was a compact formed at the sacrifice of the bodies and souls of millions of our race, for the sake of achieving a political object—an unblushing and monstrous coalition to do evil that good might come. Such a compact was, in the nature of things and according to the law of God, null and void from the beginning. No body of men ever had the right to guarantee the holding of human beings in bondage. Who or what were the framers of our government, that they should dare confirm and authorise such high-handed villany—such flagrant robbery of the inalienable rights of man—such a glaring violation of all the precepts and injunctions of the gospel—such a savage war upon a sixth part of our whole population?—They were men, like ourselves—as fallible, as sinful, as weak, as ourselves. By the infamous bargain which they made between themselves, they virtually dethroned the Most High God, and trampled beneath their feet their own solemn and heaven-attested Declaration, that all men are created equal, and endowed by their Creator with certain inalienable rights—among which are life, liberty, and the pursuit of happiness. They had no lawful power to bind themselves, or their posterity, for one hour—for one moment—by such an unholy alliance. It was not valid then—it is not valid now. Still they persisted in maintaining it—and still do their successors, the people of Massachussetts, of New-England, and of the twelve free States, persist in maintaining it. A sacred compact! A sacred compact! What, then, is wicked and ignominious?

… It is said that if you agitate this question, you will divide the Union. Believe it not; but should disunion follow, the fault will not be yours. You must perform your duty, faithfully, fearlessly and promptly, and leave the consequences to God: that duty clearly is, to cease from giving countenance and protection to southern kidnappers. Let them separate, if they can muster courage enough—and the liberation of their slaves is certain. Be assured that slavery will very speedily destroy this Union, if it be left alone; but even if the Union can be preserved by treading upon the necks, spilling the blood, and destroying the souls of millions of your race, we say it is not worth a price like this, and that it is in the highest degree criminal for you to continue the present compact. Let the pillars thereof fall—let the superstructure crumble into dust—if it must be upheld by robbery and oppression.

— William Lloyd Garrison, The Liberator (1832-12-29): On the Constitution and the Union

Here’s Lysander Spooner, in No Treason (1867-1870):

The practical difficulty with our government has been, that most of those who have administered it, have taken it for granted that the Constitution, as it is written, was a thing of no importance; that it neither said what it meant, nor meant what it said; that it was gotten up by swindlers, (as many of its authors doubtless were,) who said a great many good things, which they did not mean, and meant a great many bad things, which they dared not say; that these men, under the false pretence of a government resting on the consent of the whole people, designed to entrap them into a government of a part; who should be powerful and fraudulent enough to cheat the weaker portion out of all the good things that were said, but not meant, and subject them to all the bad things that were meant, but not said. And most of those who have administered the government, have assumed that all these swindling intentions were to be carried into effect, in the place of the written Constitution. Of all these swindles, the treason swindle is the most flagitious. It is the most flagitious, because it is equally flagitious, in principle, with any; and it includes all the others. It is the instrumentality by which all the others are mode effective. A government that can at pleasure accuse, shoot, and hang men, as traitors, for the one general offence of refusing to surrender themselves and their property unreservedly to its arbitrary will, can practice any and all special and particular oppressions it pleases.

The result — and a natural one — has been that we have had governments, State and national, devoted to nearly every grade and species of crime that governments have ever practised upon their victims; and these crimes have culminated in a war that has cost a million of lives; a war carried on, upon one side, for chattel slavery, and on the other for political slavery; upon neither for liberty, justice, or truth. And these crimes have been committed, and this war waged, by men, and the descendants of men, who, less than a hundred years ago, said that all men were equal, and could owe neither service to individuals, nor allegiance to governments, except with their own consent.

… Inasmuch as the Constitution was never signed, nor agreed to, by anybody, as a contract, and therefore never bound anybody, and is now binding upon nobody; and is, moreover, such an one as no people can ever hereafter be expected to consent to, except as they may be forced to do so at the point of the bayonet, it is perhaps of no importance what its true legal meaning, as a contract, is. Nevertheless, the writer thinks it proper to say that, in his opinion, the Constitution is no such instrument as it has generally been assumed to be; but that by false interpretations, and naked usurpations, the government has been made in practice a very widely, and almost wholly, different thing from what the Constitution itself purports to authorize. He has heretofore written much, and could write much more, to prove that such is the truth. But whether the Constitution really be one thing, or another, this much is certain — that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.

–Lysander Spooner, No Treason No. 2 and No. 6

Here’s me, from last year’s celebration in the Rad Geek People’s Daily:

You, too, can celebrate Ignore the Constitution Day! Today, completely ignore all claims to authority granted in the Constitution. Live your life as if the Constitution had no more claim on you than the decrees of Emperor Norton. Enjoy your rights under natural law; you have them whether or not the Constitution says one mumbling word for them. While you’re at it, treat the Constitution as completely irrelevant in political arguments too; instead of complaining that unbridled war powers for the President are unconstitutional, for example, complain that they are evil; instead of reciting that damn Davy Crocket bed-time story again and complaining that government-controlled disaster relief is unconstitutional, complain that government-controlled disaster relief is foolish and deadly. (If the Constitution clearly authorized unilateral war powers for the President, or abusive and incompetant government-controlled disaster relief, would that make it okay?) And, hell, while you’re at it, quit complaining that forced Constitution Day celebrations may be unconstitutional; complain instead that they force children to participate in cultish praise for the written record of a naked usurpation.

Just go ahead. Ignore the Constitution for a day. See what happens. Who’s it gonna hurt? And if your political reasoning becomes sharper, your discourse no longer bogs down in a bunch of pseudo-legal mummeries, and you have a pleasant day without having to ask anybody’s permission for it, then I suggest you continue the celebration, tomorrow, and every day thereafter.

— GT 2005-09-17: International Ignore the Constitution Day

I think that legalism is an insidious error that liberals and libertarians alike are all too prone to fall into. In fact the rule of law is something to be hoped for only insofar as the laws are just: rigorously enforcing a wicked law–even if that law is duly published and generally formulated–is just relentlessness, not virtue. And in our bloodstained age it is as obvious as anything that many laws are very far from being just. But one way of trying to accomodate this point, while entirely missing it, is to throw your weight behind some Super-Duper Law that is supposed to condemn the little-bitty laws that you consider unjustifiable. Besides taking the focus away from creative extremism and direct action, and leaving power in the hands of government-appointed conspiracies of old white dudes in black robes, this strategy also amounts to little more than a stinking red herring. It diverts the inquiry from the obvious injustices of a State that systematically robs, swindles, extorts, censors, proscribes, beats, cuffs, jails, exiles, murders, bombs, burns, starves countless innocent people in the name of its compelling State interests, and puts the focus the powers that are or are not delegated to the government by another damn written law. As if the contents of that law had any more right to preempt considerations of justice than the subordinate laws supposedly enacted under its authority. Those who have spent their days trying to find a lost Constitution under the sofa cushions are engaged in a massive, sophisticated, intricately argued irrelevancy. I’d compare it to debating how many angels can dance on the head of a pin, but that would be grossly unfair–to Scholastic metaphysicians.

Further reading:

One man’s reductio

Here’s widely-published, reportedly libertarian columnist Walter Williams on the need for political will in the War on Terror:

Does the United States have the power to eliminate terrorists and the states that support them? In terms of capacity, as opposed to will, the answer is a clear yes.

Think about it. Currently, the U.S. has an arsenal of 18 Ohio class submarines. Just one submarine is loaded with 24 Trident nuclear missiles. Each Trident missile has eight nuclear warheads capable of being independently targeted. That means the U.S. alone has the capacity to wipe out Iran, Syria or any other state that supports terrorist groups or engages in terrorism — without risking the life of a single soldier.

Terrorist supporters know we have this capacity, but because of worldwide public opinion, which often appears to be on their side, coupled with our weak will, we’ll never use it. Today’s Americans are vastly different from those of my generation who fought the life-and-death struggle of World War II. Any attempt to annihilate our Middle East enemies would create all sorts of handwringing about the innocent lives lost, so-called collateral damage.

Such an argument would have fallen on deaf ears during World War II when we firebombed cities in Germany and Japan. The loss of lives through saturation bombing far exceeded those lost through the dropping of atomic bombs on Hiroshima and Nagasaki.

— Walter E. Williams (2006-08-23): Will The West [sic] Defend Itself?

I’d like to thank Mr. Williams for helping to illustrate an important point about logical inference.

Two of the most important rules of inference are the modus ponendo ponens (p !!!@@e2;2020;2019; q. p. ∴ q) and the modus tollendo tollens (p !!!@@e2;2020;2019; q. ~q. ∴ ~p). Something that people often don’t realize is how the very same reasoning could be used to set up either a modus ponens or a modus tollens in the last step. Here’s an example drawn from real life. Walter Williams argues:

  1. If there were something wrong with slaughtering hundreds of thousands of innocent people in the name of military victory today, there would have been something wrong with the Allied governments’ massacre of half a million or more innocent people in the name of military victory during the firebombing campaigns of World War II. (lemma)
  2. There was nothing wrong with the Allied governments’ massacre of half a million or more innocent people in the name of military victory during the firebombing campaigns of World War II. (premise)
  3. Therefore, there must be nothing wrong with slaughtering hundreds of thousands of innocent people in the name of victory today. Q.E.D. (M.T. 1, 2)

But someone or another just might use the same line of inferences that Williams drew in order to establish a different conclusion:

  1. If there were something wrong with slaughtering hundreds of thousands of innocent people in the name of military victory today, there would have been something wrong with the Allied governments’ massacre of half a million or more innocent people in the name of military victory during the firebombing campaigns of World War II. (lemma)
  2. There is something wrong with slaughtering hundreds of thousands of innocent people in the name of military victory today. (premise)
  3. Therefore, there must be something wrong with the Allied governments’ massacre of half a million or more innocent people in the name of military victory during the firebombing campaigns of World War II. You dick. (M.P. 1, 2)

For some people’s argumentative purposes the Allied war effort in World War II is not so much just as the paradigm for justice itself; like the meter stick in Paris, it doesn’t even make sense to say that it is just, because the possibility that it even might have been less than just is simply unintelligible. Those who have a less reverent view of the single most destructive total war in the history of the entire world may not share the same premises. And thus may draw quite a different conclusion. I’m just sayin’.

I’d like to thank the War Party for offering yet another opportunity for an important lesson on informal logic.

Update 2006-09-02: Commenter Adam B. pointed out that the full Latin name for modus tollens is the modus tollendo tollens, not modus ponendo tollens as I’d originally written. This has been fixed in the text.

Further reading:

Twelve questions for Debbie Schluessel on Alaistair Norcross

The Great Conservative Cultural Revolution is a great revolution that touches people to their very souls and constitutes a new stage in the development of the conservative revolution in our country, a deeper and more extensive stage. At present, our objective is to criticize and repudiate the reactionary far-left academic authorities and the ideology of the far-left and all other exploiting classes, and to transform education, literature and art, and all other parts of the superstructure that do not correspond to the Republican electoral base, so as to facilitate the consolidation and development of the conservative system.

And in her heroic quest to smash the old world, Great American Debbie Schluessel has uncovered another enemy of the people lurking in the halls of academe. Behold the running-dog of the far left and the corrupter of our youth, Dr. Alaistair Norcross, an Associate Professor of Philosophy at Rice University!

Now, far be it from me to stand between the Red State Guards and their patriotic duty of shaming dissenting professors for their incorrect thoughts. Still, Alaistair Norcross happens to be an acquaintence of mine, so I have some personal interest in the matter. And while I find his visceral loathing for deontological ethics unwholesome, his utilitarianism profoundly mistaken, and his criticism of virtue ethics barking mad, I can’t say I recognize anything of substance about his views, or his arguments for those views, or his personality, or his teaching, or his conduct, in this column. So I have a few questions for Ms. Schluessel, since I have also been unable to find any discussion of the content of Dr. Norcross’s essays, or of the content of his courses, or his methods of teaching them, or any indication of having so much as read anything he’s written or talked with someone who has taken a course from him. I’ve posted these questions directly to the comments section on her weblog, but who knows what the moderation system will make of them? Thus, you can also find them here.

Ms. Schluessel, have you:

  1. Taken one of Dr. Norcross’s classes?

  2. Spoken with anyone who has taken one of Dr. Norcross’s classes?

  3. Spoken with Dr. Norcross about his views on animal ethics?

  4. Read “The Animal Ethics Reader”?

  5. Read the “Killing and Letting Die” anthology that he (co-)edited?

  6. Made any effort to discover (by conversation or by reading) how, as a co-editor of an anthology on the topic, his views relate to those of the contributors to the anthology?

  7. Heard the presentation or read the paper on “Torturing Puppies, etc.”?

  8. Read his comments in response to somebody else’s paper on “Disability, Marxism, and Ecofeminism”?

  9. Noticed from the CV that those are in fact assigned comments on somebody else’s paper for a conference, rather than a topic Norcross wrote on himself?

  10. Taken Dr. Norcross’s class on the Simpsons and Philosophy, or talked with anyone who has taken it, or talked with Dr. Norcross about it, or read the book by the same title, or, for that matter, heard of the concept of “humor”?

  11. Noticed that the PhotoShop of his head onto President Bush’s body is actually a joke about Kantian ethical theory, not about the war in Iraq?

  12. In general, done absolutely anything to discover what Dr. Norcross’s views are, or what his arguments for those views are, or what his courses are like, or what he’s like as a person, other than skimming very quickly over his faculty website and speculating on the titles of papers you found in his CV?

I ask, because if you have done any of these things you offer no evidence of it anywhere in your column. But if you haven’t done any of these things, then you simply have no idea what you are talking about when you speculate on what his courses are like, what he demands of students, what he’s like as a person, what he believes, or what sorts of arguments he gives to defend those beliefs. But if you don’t know what you are talking about, then why are you talking about it?

Spy vs. Spy

(Link thanks to No Treason 2006-04-23.)

Here’s erudite, conservative intellectual Kim DuToit breaking it down for us on why he has no problem at all with the NSA collecting a massive database of your phone records, and why you shouldn’t have a problem with it, either.

By way of background, DuToit has just spent a great deal of time discussing his experience collecting a huge database of information on customer purchases for the grocery store he worked for, using one of those annoying little loyalty card swipers. The idea is that you collect a lot more data than you could ever reasonably be interested in, and then ignore 80% of it to focus on the folks on the margin that you’re interested in:

Here’s the Big Clue for the Clueless: if you don’t collect all the data, you can’t narrow the search at all. And it’s only once you’ve established that Abdul is a Bad Guy that you ascertain his number, and the numbers of his correspondents, and their names. Most of the calls will be innocent: the dry cleaners, the gas company, the liquor store, whatever.

But out of the couple hundred calls, you may find five that are to Mohamed Semmteks, and to Tariq Pilota, who are also terrorists, and whose calls you can now start investigating.

So from tens of billions to a couple hundred to five. And in these cases, it’s NOW when you, as the investigator, can get a warrant for a wiretap so you can start listening to actual content, which, out of all the data mentioned so far, is the only part protected by the First Amendment.

That’s how to do it—and more importantly, that’s the only way to do it when you’re starting from scratch.

As far as the vast majority of us are concerned, there’s not much to worry about. Nobody at the NSA is interested in the call you made to your Mom, or even to the call you made to your mistress. Don’t kid yourself: you’re not that interesting.

Just as I was never interested in whether Betsy Smith bought Tide or Tidy-Cat.

But I have to tell you, I am really glad that someone at the NSA was doing their job, and began to collect the data a long time ago—because otherwise it would now be gone, and we’d be behind the curve, just as we were on 9/10/2001.

Kim DuToit, The Other Side (2006-05-12): Database ClueBat

On the other hand, one wonders whether there’s any guarantee that what No Such Agency is interested in will always line up with your freedom and personal safety. Perhaps the government spooks’ interests aren’t always interests that they ought to be able to pursue. I’m sure I’m just being Terminally Clueless here, and wildly paranoid to boot, but, hell, let’s check and see what an expert thinks about the government keeping massive databases for surveillance of legitimate exercises of individual rights, and the potential for abuse of those databases.

Specifically, here’s erudite, conservative intellectual Kim DuToit breaking it down for us on why he has a problem with the Justice Department collecting a massive database of his gun purchases, and why you should have a problem with it, too:

One of the basic disadvantages of the State knowing who is armed and who isn't, is that the State knows who has to be disarmed, if they are to impose any kind of tyranny. …

As we saw earlier in the case of Nazi Germany, by giving the State the ability to identify gun owners, we give the State the ability to disarm us.

This is not a situation of Trust us, we'll never do that. We would be incredibly naïve to fall for that nonsense. In all of history, assumption of government benevolence has been betrayed, sooner or later, and the greater the power of the State, the sooner comes the betrayal.

Gun owners know the underlying motives behind gun registration, and we are not reassured or fooled by the weasel denials of politicians. Licensing and registration constitute infringement, and that's prohibited by the Second Amendment. Anyway, we know the progression.

— Kim DuToit, The Other Side (2003-02-26): Part VII: Gun Registration

I guess it’s a good thing that freedom of speech and freedom of association aren’t important individual rights like gun ownership is. Otherwise, we might have a real problem here.

What’s in a name? or: Over My Shoulder #23: from Chris Matthew Sciabarra, Ayn Rand: The Russian Radical (1995)

This doubles as this week’s Over My Shoulder. Sort of, because I’m tossing out one of the rules for this week. Normally, here’s how it goes:

  1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

  2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

  3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

This week, I’m ignoring rule 2, because I happen to be working on a paper and it’ll be useful to sketch some notes down for it while I’m here. In any case, here’s the quote. This is from Chapter 10, A Libertarian Politics, in Chris Sciabarra‘s 1995 study, Ayn Rand: The Russian Radical. I read this in the student center at Wayne State in Detroit, right after (of all things) touring a great little exhibit on the centenniel of the Industrial Workers of the World, hosted at the Reuther Labor Library. Here, Sciabarra is discussing Ayn Rand’s defense of the free market, and her deliberate use of the name capitalism to describe what she was defending:

Rand’s defense of capitalism is similar in form to her defense of selfishness. In fact, Rand titled her collection of essays in social theory, Capitalism: The Unknown Ideal, for much the same reasons that she titled her collection of essays on morality, The Virtue of Selfishness: A New Concept of Egoism. Both capitalism and selfishness have had such a negative conceptual history that Rand needed to reclaim these concepts and to recast them in a new and nondualistic framework. Branden remarks that he had told Rand of his preference for the word libertarianism as an alternative to capitalism, since the latter term had been coined by anticapitalists. For Branden, libertarianism signified a broader, philosophical characterization and addressed the issues of social, political and economic freedom (Branden 1978, 60). But Rand refused to renounce the concept of capitalism, just as she rejected any attempt to couch her ethos of rational selfishness in more neutral terms.

In addition to such nominal problems, Rand was faced with the fact that her defense of capitalism differed considerably from other theoretical justifications. Rand’s approach is not Weberian; she did not view capitalism as an expression of the Protestant work ethic. Nor did she view capitalism as compatible with Roman Catholicism, or any other form of religion. Though she accepted the empirical and theoretical arguments of Austrian-school economists who see the market as the most efficient and productive mechanism in history, she refused to defend capitalism on purely utilitarian grounds. And while Rand celebrates the record of economic growth under Western capitalism, she believes that the historical reality diverged radically from a pure, unadulterated laissez-faire system. While the nineteenth-century United States best approximated this system, its progress was severely undermined by massive government intervention in the areas of finance and banking, and in the bolstering of monopolies through land grants and industrial privileges. Marx himself had viewed this nineteenth-century system as only an approximation of full capitalism, since it was adulterated and amalgamated with survivals of former economic conditions (Capital 3:175). For Rand, as for most Marxists, this mixed system reached its twentieth-century climax in the neofascist and corporativist policies of the U.S. welfare-warfare state.

Rand argued that the underlying reason for this failure to achieve systemic purity was moral and cultural. Capitalism as a social system was an implicit by-product of an Aristotelian philosophical base, one that celebrated the rational, the secular, and the egoistic. And yet capitalism was historically distorted because the cultures within which it evolved had not fully emerged from the influence of mysticism, altruism, and collectivism. Rand saw capitalism and altruism as philosophical opposites that could not co-exist in the same man or in the same society. The modern age was fractured by an inner contradiction because it tried to combine the concept of eudaemonic man with the notion that human beings were sacrificial animals. It was for this reason that Rand was extremely apprehensive about the introduction of capitalist markets into primitive cultures. She argued that capitalism required a predominantly rational and secular orientation, and that industrialization could not be grafted onto superstitious irrationality without massive distortion in the evolving structure of production. Though the United States achieved the greatest progress because it was the most secular Western country, it too had preserved significant elements of altruism and collectivism in its cultural base. And it was paying the price.

Curiously, Rand spoke in terms of a cultural and philosophical base. This view differs considerably from the Marxist formulation, which sees culture and philosophy as components of a social superstructure, a by-product of a material base. These opposed characterizations have disparate consequences for both the theory of history and the nature of social revolution; however, what must be explored at this stage is Rand’s understanding of capitalism as an unknown ideal. In Rand’s view, the nature of capitalism is so inherently radical that its historical, philosophical, and cultural implications have yet to be fully comprehended. Rand unabashedly proclaims that Objectivists are radicals for capitalism … fighting for that philosophical base which capitalism did not have and without which it was doomed to perish. Once again, Rand’s project is geared toward articulation. She aimed to articulate those premises which underlie the daily practices and institutions of a historically emergent but not yet fully realized social system.

Following her literary methods, Rand seems to have extracted and emphasized those principles which, she believed, distinguish capitalist society from all previous social formations. She began with the real concrete circumstances of the historically mixed system, breaking down its complexity into mental units. She constituted her vision of capitalism on the basis of such abstraction, having isolated and identified those precepts which are essential to its systemic nature. In this way, she eliminated the accidental and the contingent in order to focus instead on the philosophical ideals of the capitalist revolution. Such a revolution was incomplete because its principles had never been fully articulated and implemented. Rand viewed her own project as the first successful attempt to articulate the moral nature of the capitalist system, ideally understood, thus making possible its historical fulfillment.

— Chris Matthew Sciabarra, Ayn Rand: The Russian Radical (1995), pp. 283–285.

A lot of left-libertarians have rightly stressed that terms such as capitalism and socialism, as they are commonly used, are systematically ambiguous; often they are used to name two different systems that are mutually exclusive of each other ([state socialism and anarchistic socialism][], on the one hand, or the free market and political patronage for big business, on the other). Roderick Long recently made a persuasive argument that both capitalism and socialism, as the terms are commonly used, are best regarded as anti-concepts, and more specifically as package deals of concepts that do not actually go together, which have been used by statists on both the Left and the Right to systematically blur the distinction between neo-mercantilism and the free market. Left statists say they oppose the chimera, and right-statists say they support it, but what libertarians need to recognize, first and foremost, is that the system they are allegedly fighting over is chimerical, and that the words they are using embody false presuppositions about the meaning and the nature of free markets.

I think that’s quite right, and that it’s very important. Nevertheless, we mustn’t be misled into thinking that just because socialism and capitalism as commonly used are anti-conceptual package-deals, that we ought to abstain from both terms on an equal footing, or to take a pox on both your houses attitude towards the institutions, symbols, traditions, and other socio-cultural trappings associated with either identification. In some dialectical contexts the best thing to do with an anti-concept is just to expose it as nothing more than so much Newspeak, to abandon using it, and to exhort others to follow your example. But sometimes the thing to do is just to urge your conversation partners to use language more precisely, and to teach them by example, by choosing one of the senses of capitalism or socialism to use clearly and consistently. And I think that Ayn Rand’s deliberately provocative use of capitalism is instructive here on the principle, even though I think she’s wrong on the application, and that the reasons for the misapplication have to do with deeper problems in her own economic thought. Those problems don’t have to do with defending a free market in the means of production and distribution — I’m all for that, but given the historical example of self-described socialist free marketeers such as Benjamin Tucker, that doesn’t settle the issue between describing yourself as a socialist, describing yourself as a capitalist, or describing yourself as something else again.

Rand deliberately worked to reclaim the word capitalism for the unknown ideal of the completely free market, rather than the known reality of the predatory, neomercantilist mixed economy, in which all actually existing free markets are embedded, confined, limited, and distorted. Sciabarra explains her decision in terms of an intellectual process of isolating the essential features that distinguished societies called capitalist from earlier and later forms of social organization. It’s an apt description as far as it goes, but the connection between the intellectual process and Rand’s aesthetic and affectional imagination needs to be fleshed out in order to fully explain her decision. Rand knew perfectly well that the historical data underdetermined the question of whether predation or voluntary cooperation was essential to the capitalistic form of society: the rise of the societies we call capitalist involved the liberation of many people and of the markets in many commodities; it also involved the escalation of many forms of predatory state patronage and the invention of new ones (it meant, for example, considerably more freedom in agriculture or textiles; it also meant considerably more government intervention in banking, land use, and transportation infrastructure). You could describe the picture by identifying the growth in freedom as the capitalist stuff, with the new levels of predation as anti-capitalist deviations from capitalism marring its productive development. But you could just as easily describe it by identifying the growth in predation as the capitalist stuff, with the growth in freedom as a countervailing, non-capitalist or anti-capitalist development, which the capitalist stuff had an antagonistic, or often parasitic, relationship to. So which description should you choose? I think the best explanation why Rand chose the first picture instead of the second one has to do with what she would have identified with her sense of life — the degree to which her aesthetic and affectional imagination were engaged on behalf of actually existing capitalists, as she understood them, in the known reality of the mixed economy: that is, her view of the grand bourgeoisie — big industrialists, business-owners, money-men, the top tier of entrepreneurial inventors, and ultimately the wealthy broadly — as the heroic prime movers in business, and thus as the world’s motor, driving the production of the material means of survival and human flourishing. (See, for example, Atlas Shrugged or America’s Persecuted Minority: Big Business.) Though she’d no doubt fume at the description, one way of putting it is that she made her choices about what language to reclaim and what language to abandon on the basis of class solidarity. I have no quarrel with Rand’s procedure; but rather only with the particular class she chooses to stand in solidarity with. If Rand is right that the capitalist is the chief victim of the predatory state, and if the picture she draws of the archetypical capitalist is well-drawn, it makes perfect sense for her to reclaim the word capitalism for the free market as against political patronage. If, on the other hand, the bosses are the chief beneficiaries of the predatory state, and if the picture she draws of the archetypical capitalist is ill-drawn — if the archetypical boss is a busybodying mediocrity, a cunning predator, or a petulant grafter, and if their role in the workplace is a drag on the productive labor on the shop floor rather than the animating force behind it as Rand claims — then it makes perfect sense to locate the essence of capitalism elsewhere from where Rand locates it, and to treat capitalism as a term of criticism for political patronage as against the free market.

This may help serve as some explanation for why Rand is willing to identify with the term capitalism and even to invest the symbol of a government fiat currency with near-religious significance, while fully recognizing the predatory nature of the state-business nexus; it may also help to explain how, in spite of really detesting the stupidity and the atrocities perpetrated in the name of socialism, I can be so fond of old union songs, and how I can fly a red flag over my soap box while I preach the free market.

Further reading:

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