By Robert Higgs • Monday August 31, 2015 8:23 PM PDT •
In the USA, thousands of distinct actions that violate no one’s natural rights have been declared illegal. Often the law provides for draconian punishment of those who violate such unjust laws. Sometimes, especially in cases involving alleged violation of tax laws or drug laws, the government may seize an alleged violator’s assets, making it impossible for him to mount an effective defense, conduct a business, or even live a normal life. In this perverse legal environment, ordinary people know, unless that are especially dense and ignorant, that the law’s hammer may fall on them at any time, regardless of how scrupulously they have conducted themselves and their affairs.
In such circumstances, most people experience a certain amount of apprehension, and many live in stark fear that the government may at any time ruin their lives. So, just as the government diminishes people’s well-being by taking their money in the guise of taxes, fees, and fines, so it equally or perhaps even more greatly diminishes their well-being by generating a pervasive apprehension or fear in their minds. We can all recall accounts of how people languishing under Communist dictatorships lived in fear of the “midnight knock on the door.” But a political and legal regime need not be Communist to have a similar effect on people’s peace of mind.
There is a loss of well-being as a result of pecuniary taxes and other takings, and there is similar loss of well-being as a result of merely living in a society where “justice” is a joke and the authorities act arbitrarily and capriciously to a great extent. People in the USA today live in such a depraved legal environment. Their quality of life suffers even if the law’s hammer never actually falls on them. One never knows when he has been or might soon be placed in the government’s cross-hairs. So far as the logic of the situation is concerned, I can’t help but think of the concentration camp in the film Schindler’s List, whose commandant used the Jews confined there for target practice.
By Mary Theroux • Friday August 28, 2015 4:25 PM PDT •
Speaking in New Orleans on the tenth anniversary of Hurricane Katrina, President Obama declared:
What started out as a natural disaster became a man-made one—a failure of government to look out for its own citizens.
He then, typically, dissembled the argument, pointing to a mish-mash of “economic inequality ... a country that tolerated poverty.”
He should have stopped while he was ahead: Yes, Mr. President, the devastation of Hurricane Katrina was a failure of government—but it was the result of the active failure of government, not some vague, passive failure of omission.
By Mary Theroux • Friday August 28, 2015 3:35 PM PDT •
Forty years following Roe v. Wade, we have been taking a look at how reality accords with the promised outcome of the ruling that abortion would become “safe, legal, and rare.”
Last time, we looked at “Safe.” Today, let’s look at “Legal.”
First, definitions. Legal can mean either “according to the laws of man,” or “according with the natural, moral law.” As we all know, “the law” as written by man only rarely coincides with what we term the “natural, moral law”—that is, a strict adherence to inalienable rights. The standard example given of the two diverging badly is slavery, which was certainly “legal,” but also certainly an egregious violation of the natural, moral law. Examples of laws currently on the books that violate our inalienable rights are too numerous to list.
So let’s start with the question of whether abortion as practiced today is “legal” as in “according to the law.”
Virtually all arguments around abortion involve consideration of when life begins. The Roe v. Wade ruling attempted to balance a right to abortion against the protection of potential human life, by affirming the state’s right to regulate abortion in the third trimester. Subsequent medical advances and evidence that a fetus is human earlier than the third trimester resulted in the Supreme Court replacing the “third trimester” guideline with “viability” in its Planned Parenthood of Southeastern Pennsylvania v. Casey ruling. Ironically, the result in many states has been that the previous prohibition against third trimester abortion has been dropped, with “viability” left to interpretation by abortion providers.
By Abigail Hall • Thursday August 27, 2015 6:32 AM PDT •
Stretching some 4,000 miles, the “Silk Road” was a trade network connecting the continent of Asia. From around 200 B.C., the route, running from China to India, to the Mediterranean Sea, the horn of Africa, and beyond, is largely credited for opening up trade in much of the world, leading to the development and exchange of everything from spices and cloth, to religions and political philosophies.
In 2011, a new Silk Road sought to once again bridge the gap between buyers and sellers. Instead of exchanging cloth, however, this Silk Road was best known for allowing individuals to buy and sell illegal drugs.
Known as part of the “dark web,” the Silk Road website allowed users to anonymously buy and sell goods and services without government intrusion. Using the anonymizing software, TOR, the site effectively obscured the online identities of both buyers and sellers, meaning that even the authorities would be unable to identify Silk Road users. The site accepted no electronic forms of payment other than Bitcoin, meaning users could not be traced via their credit card information. By March 2013, the site had some 10,000 products available for purchase and oversaw more than $1.7 million in transactions a month. Approximately 70 percent of these sales were for illicit drugs.
By Robert Higgs • Wednesday August 26, 2015 3:53 PM PDT •
I have just received the sad news that Nathan Rosenberg has died. Nate was an outstanding economic historian, and in my early years in the profession I viewed him as the very model of the kind of economic historian I wanted to become. He reviewed many of my early papers before their publication, and when the publisher was looking for a reviewer of the manuscript that became my first book (published in 1971), I suggested Nate as the reviewer, and he did excellent work in advising me about revisions of my manuscript.
In later years I kept in touch with Nate, though less frequently as the years went by and our career paths diverged. When David J. Theroux and I were creating The Independent Review in 1995, I asked Nate to serve on the journal’s board of advisers, and he did so from then on. Nate had many lovely stories to tell in addition to the scholarly information he shared with so many of us. I recall his telling me once about how as a boy he delivered the Yiddish newspaper, Morgen Freiheit, in New Jersey.
James Poterba has written the following notice of Nate’s passing.
I write with the sad news that Nathan Rosenberg, a pioneer in the study of the economics of technological change who also served as Stanford University’s representative on the NBER Board of Directors from 1980 until 2010, passed away on Monday at the age of 87.
Nate received his undergraduate degree from Rutgers, and his Ph.D. from the University of Wisconsin. He began his academic career at Indiana University, and served as a faculty member at the University of Pennsylvania, Purdue, Harvard, and the University of Wisconsin before moving to Stanford in 1974. Nate was the Fairleigh S. Dickinson, Jr. Professor of Public Policy, Emeritus, at Stanford, and an NBER board member emeritus, at the time of his death.
Nate’s research was primarily concerned with the economics of innovation, and he drew on historical as well as contemporary evidence to illuminate the economic forces that influence the rate of technical progress. His work had a powerful impact on both the micro-economic and macro-economic understanding of the role of innovation in economic growth, as well as on the recognition of the impact of institutions and policy in shaping the innovation process. His contributions were widely celebrated. When the Society of the History of Technology awarded him the Leonardo da Vinci Medal, the citation described him as having ‘almost single-handedly changed the way economists and economic historians think about technology and the nature of economic change.
We have lost a great scholar and friend; he will be deeply missed.
By Lawrence J. McQuillan • Tuesday August 25, 2015 5:17 PM PDT •
Panel “a” in the graphic below shows that the number of new drugs approved by the U.S. Food and Drug Administration (FDA) per billion U.S. dollars spent on research and development (R&D) in the drug industry has halved about every nine years since 1950, in inflation-adjusted terms. This represents a decline in drug R&D efficiency of around 80-fold, which should concern everyone.
By Randall Holcombe • Tuesday August 25, 2015 1:01 PM PDT •
Political rhetoric tends to obscure the difference between aspirations and policies. Aspirations are goals people would like to achieve, whereas policies are the means for achieving them. For example, the Obama administration has mandated automobile fuel efficiency standards that require a fleet average of 54.5 miles per gallon by 2025. This is an aspiration, not a policy.
An example of a policy would be a requirement that passenger cars have engines with displacements no greater than 1.6 liters, or an increase of $2 per gallon in federal motor fuel taxes to encourage conservation. Policies state what will actually be done to try to further a goal, perhaps in addition to stating of what the policies hope to accomplish.
You will notice, as campaign season is upon us, that political rhetoric is mostly about aspirations, and rarely about policies. Political candidates talk about problems with the status quo, and their aspirations for improving things. They talk about what they want to accomplish, but not what policies they favor for accomplishing their aspirations.
The reason is that everyone can agree the status quo is not ideal, so calls to improve the status quo receive widespread support. Hope and change. Just don’t be specific about what policies will drive that change. Lots of people will agree that things can be improved, but fewer people will agree that any specific policy will actually lead to improvement. So, politicians talk in terms of aspirations rather than policies.
By Alexander Demitraszek • Monday August 24, 2015 10:28 AM PDT •
Vermont Senator and presidential hopeful Bernie Sanders has pushed the American left to make income inequality a focal point of the 2016 elections. Echoing Thomas Piketty, the recently debunked economic pop star, Sanders has stated: “In America we now have more income and wealth inequality than any other major country on earth.” While not technically accurate, this rhetoric has inspired calls for redistributive tax policies.
Advocates for reducing income inequality may have the best of intentions or merely be indulging in political grandstanding. But if they wish to be taken seriously, they should first determine whether or not redistributive policies are truly effective at fixing the purported problem.
It’s commonly believed that taxation can combat inequality through progressive redistribution. Numerous studies, however, have shown that the economic and societal outcomes of income redistribution policies are inefficient. In other words, they destroy wealth in the process of transferring it.
Two of the most comprehensive empirical studies in this area are Public Spending in the 20th Century, by Vito Tanzi and Ludger Schuknecht, and Filip Palda’s paper “Fiscal Churning and Political Efficiency” (Kyklos 50:2, May 1997). Both studies use a metric called ‘churning’ that measures the degree to which taxes levied on citizens to support new social programs actually transfer capital right back to the original taxpayer.
By John R. Graham • Monday August 24, 2015 9:40 AM PDT •
Yesterday, I wrote a column at Forbes addressed Governor Scott Walker’s health plan in largely positive terms. Governor Bobby Jindal, a competing Republican presidential contender, has launched a broadside against Walker’s plan, describing it as a “new federal entitlement.”
The charge is way off-base. Governor Jindal proposed a health reform back in 2014, via his America Next policy shop. The point of contention is that Governor Jindal’s proposal would not offer everyone a refundable tax credit. Instead, it would eliminate the exclusion of employer-based health benefits from taxable income and replace it with a standard deduction.
I discussed the proposal when it was issued. True, it is an easier switch than a refundable tax credit. On the other hand, a deduction does nothing for low-income households – which means the welfare state continues to exist. Governor Jindal himself proposed throwing $100 million more at states to fund their medical safety nets.
You can say (and I might agree with you) that the federal government should get out of the safety-net business. Nevertheless, the federal government is an income-tax devouring and debt-generating machine. As long as it remains so, states and citizens will call upon it fund welfare programs.
The tax treatment of health benefits must follow the tax code. It cannot lead it. Governor Jindal has not proposed a massive overhaul of federal taxation. Even Senator Rand Paul’s proposal to rip up the IRS and start again would give us a 14.5 percent flat tax on household incomes above $50,000 (for a family of four). The federal government would remain the dominant tax collector and still fund welfare programs.
My view is that the federal government should fund a tax credit for every household. For those who cannot or will not use it to pay for their own health care, the government can use it to fund Medicaid. (See John C. Goodman, A Better Choice, especially p. 58.)
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For the pivotal alternative to Obamacare, please see A Better Choice: Healthcare Solutions for America by John C. Goodman (Independent Institute, 2015).
By Carl Close • Monday August 24, 2015 7:00 AM PDT •
Anthony de Jasay isn’t a household name, but he should be. The former Parisian banker is one of the most original thinkers in political philosophy today, and his insights on the nature of liberty, justice, and the state have major implications for how we might improve our governments, communities, and culture.
The Summer 2015 issue of The Independent Review features a symposium on Jasay’s work, with contributions by G. Patrick Lynch, Hartmut Kliemt, Pierre Lemiux, André Azevedo Alvez, Carlo Ludovico Cordasco and Sebastiano Bvetta, and David M. Hart. (Also in this issue, Michael Munger reviews Jasay’s latest book, Social Justice and the Indian Rope Trick.)
Jasay’s striking originality makes him hard to classify. His writings suggest an affinity for classical liberalism, but he has criticized that tradition for its “unrestricted wishful thinking.” He is admired by public-choice scholars, but he takes issue with the constitutionalism of James M. Buchanan. And although he advocates free markets, he has called Austrian School economist F. A. Hayek “startlingly naïve.”
Nevertheless, Jasay’s freshness and profundity have earned him high praise from serious, liberty-minded readers. About his 1985 treatise, The State, symposium editor G. Patrick Lynch writes: “In this work, Jasay provides as realistic and unromantic a vision of the foundations of government as one can image.”
To understand the state, Jasay says we must first view it as a single agent with self-interested goals. Then we must ask: What would you do if you were the state?
Jasay’s approach inspires our contributors to tackle a host of important questions: How might a government be designed to minimize any threats to liberty? Why does Jasay find fault with Buchanan’s and Rawls’s “contractarian” theories of government? And how might public goods be provided without the use of government coercion to deal with the free-rider problem?
Jasay made his reputation by illuminating timeless theoretical issues, but he has also written numerous popular columns on current affairs. The final article in our symposium compares this work to that of Frédéric Bastiat, the 19th-century French individualist whom Schumpeter called “the most brilliant economic journalist who ever lived.” The verdict? Jasay brille!
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The Independent Review, a journal devoted to political economy, public policy, and intellectual history, is published quarterly by Independent Institute. SPECIAL OFFER: If you’re not already a subscriber, sign up for the print version and receive a FREE book. eSubscriptions are available via an app for Apple iOS and Amazon Kindle.