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Dialogue ensues

Here are some comments I recently posted in reply to some of the commentary on yesterday’s Freeman column. I repost them here because they are long and detailed enough that they may be of some independent interest.

In an early comment, John Irby writes:

If it was so that medical care and mutual aid was so easy to come by, then why was their a perception that the poor and elderly were dying sick in the streets?

It depends on what period this “perception” is supposed to apply to.

  1. If you’re referring to the heyday of the mutual aid societies in the late 19th century through the 1910s, the answer is simply that this “perception” exists because statists often promote bogus perceptions of crisis without much supporting data, in order to put over the need for their desired programs with the politicized public. Some actual data on the circumstances faced by the poor and elderly, rather than impressionistic and sensationalistic “perceptions” would be useful here. I have some actual data on how available these arrangements were to ordinary workers, which I present briefly in the article — typically between 20% and 50% of workers in major urban areas in English-speaking countries were covered, and these numbers were rapidly rising in the 1900s, prior to the political campaigns to eradicate the associations and raise medical prices. If you want a fuller presentation of the data, I recommend David Beito’s excellent book, From Mutual Aid to the Welfare State, especially Ch. 6, “The ‘Lodge Practice Evil’ Reconsidered.” If you have actual countervailing data that tends to cut against the conclusion I draw, feel free to present it, but if what you’ve got is just ill-specified “perceptions,” well, so what?

  2. If, on the other hand, you’re referring to the decades leading up to the passage of major government entitlement programs for the “poor and elderly” — programs like Social Security (1935) or Medicare (1965), then you need to keep in mind that these programs were introduced and rolled out decades after the non-corporate, grassroots, free-market alternatives that I discuss in the article had been deliberately dismantled by politically-driven campaigns — coordinated mainly by establishment medical guilds, using their power over government licensure of practitioners as their primary means of enforcement — to drive them out. (The blackballing campaigns against lodge-practice doctors in the U.S. ramped up in the mid-1910s and succeeded in forcing dramatic declines in lodge practice starting in the 1920s. See Beito, p. 124 et seq.) So, to the extent that government could point to a crisis of health care accessibility or affordability for the poor and elderly, just before the New Deal and Great Society transfer programs were created, it’s because government was pointing to a situation where the kind of grassroots, consensual social organizations that had made health care accessible to the poor and elderly had already been rubbed out by government in the decades prior. Once again, an example of government breaking your legs, then handing you crutches, and telling you, “See, without me you couldn’t even walk!”

John:

However I am not ready to drink the cool-aid …

I don’t want to be a dick about this, but can you not use that phrase when what you mean is I don’t accept your delusional beliefs? It’s an offhand jokey reference where the punchline is the murder of 276 children, and the senseless deaths of almost 1,000 people, just 30 years ago. Jokes like that suck.

John:

… and say that we need to rid ourselves of the FDA or of medical accreditation. Kevin Trudeau is a salesmen of alternative cures for a variety of ailments [etc., etc.]

The existence of quacks and dangerous drugs today, in spite of already-existing heavy government regulation, seems like an odd argument for relying on government regulation as a means of getting rid of quacks and dangerous drugs.

In any case, the free-market position is not that we need to get rid of drug testing or medical accreditation. The free-market position is that the state should not force any particular scheme for drug safety or efficacy testing, or for medical licensure, on you or me without our consent.

The important thing, from the standpoint of individualist principle, is that, if you want to pay for snake oil without any consideration of demonstrated effects, you should be free to do so. And if I want to spend money only on drugs that scientific research has demonstrated to be safe and effective, or on doctors who have garnered the recognition of their peers as honorable and competent professionals, then I should be free to patronize only those that consensual consumer-protection outfits and professional medical institutions have approved.

In a freed market, there will certainly be both drug testing and medical accreditation; it will simply be drug testing and medical accreditation that relies on informed choice, or education and persuasion, rather than on the force of the law. How do I know that such institutions will exist? Well, of course, because they already exist, or have existed in the past. Before the modern prescriptions system was created in 1951, the role of objective watchdog for drug safety and efficacy in the U.S. was handled by the American Medical Association (which maintained a private drug-testing laboratory and published annual guidebooks of drugs that received their seal of approval). They provided a system of voluntary, independent oversight that worked — until government “fixed” it.

Similarly, nobody that I know of is proposing that existing methods of accrediting doctors or other medical practitioners be abolished. Where would you get such a ludicrous notion? There’s already plenty of non-governmental means of accrediting doctors — among them, well, the doctoral degree in medicine, which is issued by medical schools and still would be issued by medical schools in a freed market, based on standards of training and mastery. Similarly for nursing degrees, certification by professional associations like the AMA, etc. What radical individualists oppose is not accreditation, but state licensure laws, which add an unnecessary layer of politically-directed licensing restrictions on top of already-existing, voluntary professional standards and certifications within the medical profesion. The problem with this is, first, that they are coercive, and hence violate the rights of patients and practitioners; and, second, that the standards for governmental licensure are imposed through political decision-making and legislative fiat, rather than being determined through open debate and consensus over best practices within the health care market.

As a result, they often use the force of the state to shut down debate and impose requirements that have nothing to do with medical fact and everything to do with political pull — as when state licensure laws were used to attack feminist women’s health centers, midwives, or other alternative medicine providers, even without any evidence that any identifiable patients had been harmed or were even dissatisfied with the service. Or, to return to our original topic, when state licensure laws were used to blackball doctors who were providing perfectly adequate care, but who were seen as “underselling” (that is, providing competent care at costs that were affordable by ordinary working people) during the political campaign against lodge practice in th 1910s and 1920s.

John:

The truth is that of all the industrialized countries, America is the only one with a private for profit system, …

Didn’t you read the article? “America” doesn’t have a private health care system. It has a government-imposed health care system. The market is dominated first, by direct government control, and, second, by the operations of a handful of corporate privateers who depend entirely on a combination of government subsidy and government-imposed barriers to entry for their day-to-day operations and long-term strategy.

A freed market in health care would look completely different from the “system” that you and I face today.

In a later comment, a different John — John de Laubenfels — writes:

Would you give companies that research and produce new drugs NO protection from competition,

You are correct that I do not believe that protectionism for pharmaceutical corporations is an adequate argument for imposing government-granted monopolies.

If you want to “protect” pharmaceutical companies’ existing business models, do so on your own dime by boycotting competitors and directing your money to first movers. (Hey, it worked for Tolkien.) But I’m not nearly so invested in protecting current business practices in the pharmaceutical industry, and I’d rather that you don’t use government monopoly to force your protections on my pocketbook.

John de Laubenfels:

starting the moment someone gets ahold of the new drug, analyzes it, and creates a knockoff? Nothing for all the money the original company has spent doing trials? I don't think that such a system would be either fair or likely to motivate companies to produce new, life-saving drugs.

On the cost of doing drug trials, of course, in the same sentence where I advocated the abolition of patents I also specifically stated that I supported the abolition of the FDA, which would dramatically reduce the compliance costs involved in developing new drugs and bringing them to market. So I don’t know what you’re referring to here. (Of course, if companies want to do internal testing they can do so, but in voluntary independent oversight systems, the costs of running trials are typically assumed by the independent watchdog organizations themselves, as part of their institutional charter.)

However, if it turns out that it’s no longer profitable for big, for-profit corporations to do medical research, then — horrors! — it may just turn out to be the case that medical research has to be carried on by non-corporate or not-for-profit institutions. But I hear we have some of those. And I’m not typically impressed by broken-window arguments that fail to take any account of the value of the unseen alternative uses to which money might be put, if not for the coercive government intervention.

There’s no “I” in “Health Care Reform”

To-day, in the online edition of The Freeman: Ideas on Liberty, you’ll find the following column — in which I find myself in the unusual position of saying that David Brooks did say one true thing in his New York Times column:

The Health Care Debate Has Been "Meaningful"? It Just Ain't So!

There’s no I in health care reform

Credit where credit is due: David Brooks does say one true thing in his New York Times column The Values Question (Nov. 24) on government health care reform: The system after reform will look as it does today, only bigger and more expensive.

Brooks is certainly right that no health care reform proposal with any chance in mainstream partisan politics promises any fundamental change to the status quo. What we have had is a system where pervasive government regulation, subsidy, and mandated captive markets corral workers into an industry driven by sky-high costs, managed by bureaucratic pencil-pushing and corporate economizing (often at the expense of innocent people's health or lives), and owned by a handful of uncompetitive, well-entrenched incumbent corporations. No mainstream reform proposal will change anything about that. The proposals mainly concerned themselves with introducing new government subsidies and new captive-market mandates to force yet more workers and money into the broken system.

But Brooks takes all this as a sign that the health care debate is about fundamental values. I think it's a sign that conventional political debate is a superficial squabble over meaningless details. The real debate is about grammar.

— Charles Johnson, The Freeman Online (2009-12-22): The Health Care Debate Has Been Meaningful? It Just Ain't So!

For more on why (although, if you’ve been here a while, you might be abe to guess), you can read the whole thing at the Freeman‘s website. The column will also be appearing in print in the March 2010 magazine.

See also:

Monday Lazy Linking

  • We Need More Truants. Andrew B. Watt's Blog (2009-12-13). “There's no way that the educational system, a monoculture if there ever was one, is going to manifest the kind of reform needed at every level. We've designed our schooling system to clamp down on unorthodoxy in a big way. Even if we allow the unorthodox to thrive in our monolithic system, it becomes a cult of personality. … These kind of polymathic geniuses can really make a school hum, but once they go, a program often dies with them. … Maybe what we need in order to reinvigorate American school systems is a broad-based buy-0ut, a sort of inverse-voucher program, where parents say, ‘this school has failed my kid for the last time. I'm going to plop him down in front of Sesame Street reruns and YouTube videos, and give him a library card, and see if those stopgap measures can do better.'” [R.G.: I’d just like to add that the notion of an “American school system” is probably part of the problem; what ‘we’ need is to stop thinking about what ‘we’ need, and start thinking about how this here individual child or adolescent or adult can live a better, smarter life in the near-, middle-, and long-term. The answer often isn’t going to be the same from one person to the next. And it often isn’t going to be institutional schooling in any recognizable sense. (Linked Sunday 2009-12-13.)
  • The strange consensus on Obama’s Nobel address. Glenn Greenwald, Salon: Glenn Greenwald (2009-12-11). (updated below – Update II – Update III) Reactions to Obama’s Nobel speech yesterday were remarkably consistent across the political spectrum, and there were two points on which virtually everyone seemed to agree: Â  (1) it was the most explicitly pro-war speech ever delivered by anyone while accepting the Nobel Peace Prize; and… (Linked Sunday 2009-12-13.)
  • Today in Rape Culture. Shakesville (2009-12-13). “Why is it always more important to lecture women on what they should be doing to avoid rape than to talk to men about the fact that they do not have the right to women’s bodies without explicit consent?” (Linked Sunday 2009-12-13.)
  • Dear Barack, Spare Me Your E-Mails. Commondreams.org Views (2009-12-13). Left flank (cont’d): “The insurers are not really upset with what may survive as a minuscule public option, for they have won the big prize: Everyone must buy insurance from them under penalty of law, and there will be no built-in requirement for cost control. Their so-called opposition to the current plans has to do with fine-tuning the president's guarantee of their future profits.” (Linked Sunday 2009-12-13.)
  • Art Interpretation and Climate Change. Jesse Walker, Jesse Walker: Reason Magazine articles and blog posts. (2009-12-09). Jens Galschiot's sculpture Survival of the Fattest features an obese white goddess of justice on the shoulders of a frail African. There's an inscription: "I'm sitting on the back of a man. He is sinking under the burden. I would do anything to help him. Except stepping down from his… (Linked Sunday 2009-12-13.)
  • Protecting America's Borders Against Musical Miscegenation. Jesse Walker: Reason Magazine articles and blog posts. (2009-12-13). La Migra Vs. Cultural Exchange. “The evidence repeatedly suggests the group performs a hybrid or fusion style of music…[which] cannot be considered culturally unique to one particular country, nation, society, class, ethnicity, religion, tribe or other group of persons,” Therefore, you can’t come to the U.S. to play your bastard music, I guess. (Linked Sunday 2009-12-13.)
  • The Thin Blue Line That Protects Us From Canadian Science Fiction Writers. Roderick, Austro-Athenian Empire (2009-12-13). Peter Watts writes: If you buy into the Many Worlds Intepretation of quantum physics, there must be a parallel universe in which I crossed the US/Canada border without incident last Tuesday. In some other dimension, I was not waved over by a cluster of border guards who swarmed my car… (Linked Sunday 2009-12-13.)
  • Nevada trucker wants confiscated $550000 back – Las Vegas Sun. 89119 – Google News (2009-12-13). In which the Shawnee County Sheriff is trying to keep over half a million dollars in cash that it stole from Eduardo Arencibia — even though he never consented to a search of the cab, and even though the government prosecutors never introduced any direct evidence at all to indicate where the money came from, and even though Eduardo Arencibia was never convicted of any crime, and had all charges against him dropped. (Linked Sunday 2009-12-13.)
  • Magic Highway USA. Daring Fireball (2009-12-13). The tomorrows of yesteryear. Technological civilization is awesome, even if it hasn’t quite realized the specific forms of awesomeness that Disney might have thought. (Linked Sunday 2009-12-13.)
  • On Baked Potatoes. ongoing (2009-12-08). I recently remarked "There are very few foods indeed that compare with a high-quality Russet potato, properly baked." A voice in the comments wondered "And what do you call !!!@@e2;20ac;2dc;properly baked'?" A harmless enough question, but then aluminium foil was mentioned; shudder. Please don't do that. Here's how to bake… (Linked Sunday 2009-12-13.)

Friday Lazy Linking

Without remorse

From Thomas Szasz The Freeman: Ideas on Liberty (May 2009): The Shame of Medicine: The Case of Alan Turing:

The persecution of homosexuals is paradigmatic of the history of psychiatry's monumental blunders and brutalities and of its policy of never acknowledging nor apologizing for them. Instead, organized psychiatry intensifies the celebration of its founding quack, Benjamin Rush (1746–1813). Declared Rush, I have selected those two symptoms [murder and theft] of this disease [crime] (for they are not vices) from its other morbid effects, in order to rescue persons affected with them from the arm of the law, and render them the subjects of the kind and lenient hand of medicine. What did Rush mean when he spoke of medical kindness and lenience? Lamenting the excess of the passion for liberty inflamed by the successful issue of the [Revolutionary] war, he explained, Were we to live our lives over again and engage in the same benevolent enterprise, our means should not be reasoning but bleeding, purging, low diet, and the tranquilizing chair. Psychiatry–glorifying the use of coercion as cure–is the shame of medicine.

From Bryan Caplan, EconLog (2009-04-24): Szasz on the Turing Tragedy:

In the last couple of decades, a lot of people have apologized for the past crimes of the groups with which they identify: the U.S. for Japanese internment, the Church for Galileo, Swiss bankers for Nazi money laundering, even the Japanese (kind of) for their war crimes. I’d like to see psychiatrists do the same — to admit that unusual preferences are not disease, affirm that it is wrong to treat people against their will, and turn their backs on the greats of their profession who believed in and practiced coercive therapy.

I’d like it, too. Psychiatrists expect to be taken seriously, both as scientific experts and as benevolent caretakers; I think at least a minimal requirement of being taken seriously on these claims would be for them to own up to the fact that within living memory, their discipline was rife with theories now universally regarded as the worst sort of politically-motivated pseudoscience and therapeutic practices now universally reviled as the worst sort of atrocities. They have been wrong about everything and they ruined life after life with the most appalling sorts of brain-damaging treatment on the basis of these pseudoscientific superstitions. If shrinks want to be taken seriously, they need to start by owning up to their record; because if they can’t do so much as that, the rest of us have every reason to expect that they’ve done nothing to correct the systematic vices that led to the ridiculous lies and sadistic horrors they were inflicting as recently as 30-40 years ago. But I don’t expect anything like it to happen this side of the revolution.*. As Szasz says in The Freeman: Ideas On Liberty (July/August 2009): The Shame of Medicine: The Depravity of Psychiatry:

I am grateful to Caplan for calling attention to a problem most people prefer to ignore. His expectation will, however, not be fulfilled, and it is important to understand why. Claiming competence in astronomy and incarcerating heretics are not integral to the identity of the Catholic Church. In contrast, claiming competence in predicting dangerousness and incarcerating persons alleged to be so because of mental illness are integral to the psychiatric enterprise.

From GT 2008-06-24: Medicated madness

Of all the horrible things that institutional psychiatry routinely does, one of the most infuriating for me is its stupidly aggressive lack of anything approaching self-consciousness or critical reflection. In a field where, not half a century ago, patients were routinely locked away in filthy hellholes that would be hard to distinguish from a medieval dungeon, and, once confined, subjected, against their will, to restraints, tortures and mutilations that would have made Torquemada blush — camphor shock torture, repeated massive electric shocks to the brain, and, at the end of the road, an icepick jabbed through the eye socket and rotated so as to mutilate the brain and deliberately destroy centers of personality and higher cognition — in a field, I say, where all this was dignified as brain damaging therapeutics and regarded as best practices for a scientifically-informed helping profession — in a field where current practitioners now more or less universally agree that torture like this was based on little more than pseudoscience and quackery, and where almost no-one in their right mind would propose ever using practices like these on any patient today — in a field, that is to say, where within living memory thousands of people were subjected to the worst kinds of sadism and torture that the human mind can devise, and all of it based on what are now almost universally acknowledged follies, illusions and lies indulged in by the recognized experts of the field — in such a field, you might expect at least a little bit of humility, historical awareness, and decent caution, rather than sanctimonious self-righteousness and aggressive obliviousness to the idea that psychiatric practice itself might perhaps be part of the problem.

In point of fact, there are countless cases like this one, cases where a life crisis becomes the occasion of massive psychiatric intervention, and where the intervention itself spirals into years of institutionally- and chemically-manufactured madness; in which the stereotypical behavior of the psychiatric patient, invariably passed off as part of her disease, can in fact be traced quite directly to the physiological, behavioral and social effects of the forced drugging, the forced confinement in hospital psychoprisons, and other aspects of psychiatric therapy. Psychiatrists then have the gall to use those same symptoms, created by their own therapy, as proof of the need for even more of the same.

Under the present circumstances, there is no reason to believe that individual psychiatrists or psychiatric institutions will ever trouble themselves to acknowledge this possibility or to incorporate it into their practice in any way that matters. It’s not just the financial incentives — although those are certainly there, and those are certainly important. The problem that underlies the financial problem is that psychiatrists have no real reason to care whether they get things right or not. Why should they? They are backed by cultural prejudices in favor of doctors; they can dismiss any complaints by their patients as literally the ravings of lunatics, and almost no-one will bat an eye; they are backed up by the force of the law, which gives them the power to force their latest and greatest therapies on a literally captive market of unwilling patients. Unless and until psychiatrists no longer have the privilege of inflicting nonconsensual treatment, which is to say, unless and until they become directly accountable to the will and desires of the people for whose benefit they claim to be acting, cases just like Nikki’s are going to happen again, and again, and again.

Footnote. For reference, when I talk about The Revolution, I mean a qualitative social transformation that upends, or completely abolishes, existing relationships of social power. Not necessarily an armed uprising. And not necessarily a discrete event that is obvious to all, most, or even any of the people living through it.

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