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Robert H. Bork critiques Libertarianism
Robert H. Bork

Posted on 02/01/2002 9:55:30 AM PST by Exnihilo

Critiques Of Libertarianism: Robert H. Bork Critiques Libertarianism

Robert H. Bork Critiques Libertarianism

Last updated 12/05/01.

[The following (rather long) critique of Libertarianism is found on pages 150-152 of Robert Bork's popular book, "Slouching Towards Gomorrah." Thanks to Joe Steve Swick III, who posted this to the net.]

Libertarians join forces with modern liberals in opposing censorship, though libertarians are far from being modern liberals in other respects. For one thing, libertarians do no like the coercion that necessarily accompanies radical egalitarianism. But because both libertarians and modern liberals are oblivious to social reality, both demand radical personal autonomy in expression. That is one reason libertarians are not to be confused, as they often are, with conservatives. They are quasi- or semiconservatives. Nor are they to be confused with classical liberals, who considered restraints on individual autonomy to be essential.

The nature of the liberal and libertarian errors is easily seen in discussions of pornography. The leader of the explosion of pornographic videos, described admiringly by a competitor as the Ted Turner of the business, offers the usual defenses of decadence: 'Adults have the right to see [pornography] if they want to. If it offends you, don't buy it.' Those statements neatly sum up both the errors and the (unintended) perniciousness of the alliance between libertarians and modern liberals with respect to popular culture.

Modern liberals employ the rhetoric of 'rights' incessantly, not only to delegitimate the idea of restraints on individuals by communities but to prevent discussion of the topic. Once something is announced, usually flatly or stridently, to be a right --whether pornography or abortion or what have you-- discussion becomes difficult to impossible. Rights inhere in the person, are claimed to be absolute, and cannot be deminished or taken away by reason; in fact, reason that suggests the non-existence of an asserted right is viewed as a moral evil by the claimant. If there is to be anything that can be called a community, rather than an agglomeration of hedonists, the case for previously unrecognized individual freedoms (as well as some that have been previously recognized) must be thought through and argued, and "rights" cannot win every time. Why there is a right for adults to enjoy pornography remains unexplained and unexplainable.

The second bit of advice --'If it offends you, don't buy it' -- is both lulling and destructive. Whether you buy it or not, you will be greatly affected by those who do. The aesthetic and moral environment in which you and your family live will be coarsened and degraded. Economists call the effects an activity has on others 'externalities'; why so many of them do not understand the externalities here is a mystery. They understand quite well that a person who decides not to run a smelter will nevertheless be seriously affected if someone else runs one nearby.

Free market economists are particularly vulnerable to the libertarian virus. They know that free economic exchanges usually benefit both parties to them. But they mistake that general rule for a universal rule. Benefits do not invariably result from free market exchanges. When it comes to pornography or addictive drugs, libertarians all too often confuse the idea that markets should be free with the idea that everything should be available on the market. The first of those ideas rests on the efficacy of the free market in satisfying wants. The second ignores the question of which wants it is moral to satisfy. That is a question of an entirely different nature. I have heard economists say that, as economists, they do no deal with questions of morality. Quite right. But nobody is just an economist. Economists are also fathers and mothers, husbands or wives, voters citizens, members of communities. In these latter roles, they cannot avoid questions of morality.

The externalities of depictions of violence and pornography are clear. To complaints about those products being on the market, libertarians respond with something like 'Just hit the remote control and change channels on your TV set.' But, like the person who chooses not to run a smelter while others do, you, your family, and your neighbors will be affected by the people who do not change the channel, who do rent the pornographic videos, who do read alt.sex.stories. As film critic Michael Medved put it: ' To say that if you don't like the popular culture, then turn it off, is like saying if you don't like the smog, stop breathing. . . .There are Amish kids in Pennsylvania who know about Madonna.' And their parents can do nothing about it.

Can there be any doubt that as pornography and depictions of violence become increasingly popular and increasingly accessible, attitudes about marriage, fidelity, divorce, obligations to children, the use of force, and permissible public behavior and language will change? Or that with the changes in attitudes will come changes in conduct, both public and private? We have seen those changes already and they are continuing. Advocates of liberal arts education assure us that those studies improve character. Can it be that only uplifting reading affects character and the most degrading reading has no effects whatever? 'Don't buy it' and 'change the channel,' however intended, are effectively advice to accept a degenerating culture and its consequences.

The obstacles to censorship of pornographic and viloence-filled materials are, of course, enormous. Radical individualism in such matters is now pervasive even among sedate, upper middle-class people. At a dinner I sat next to a retired Army general who was no a senior corporate executive. The subject of Robert Mapplethorpe's photographs came up. This most conventional of dinner companions said casually that people ought to be allowed to see whatever they wanted to see. It would seem to follow that others ought to be allowed to do whatever some want to see.... Any serious attempt to root out the worst in our popular culture may be doomed unless the judiciary comes to understand that the First Amendment was adopted for good reasons, and those reasons did not include the furtherance of radical personal autonomy.


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1 posted on 02/01/2002 9:55:31 AM PST by Exnihilo
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To: Exnihilo
Apparently everyone enjoys these 'discussions of what it means to have freedom and liberty', so here you go! Let's have a mature discussion, free from name calling and childish behavior.
2 posted on 02/01/2002 9:56:30 AM PST by Exnihilo
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To: Exnihilo
Apparently everyone enjoys these 'discussions of what it means to have freedom and liberty', so here you go! Let's have a mature discussion, free from name calling and childish behavior.

Not likely. But an interesting article nonetheless. Libertarians will part company by paragraph 3. They do not recognize "the idea of restraints on individuals by communities " as legitimate.

3 posted on 02/01/2002 10:08:49 AM PST by Huck
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To: Exnihilo
Any serious attempt to root out the worst in our popular culture may be doomed unless the judiciary comes to understand that the First Amendment was adopted for good reasons, and those reasons did not include the furtherance of radical personal autonomy.
The 1st Amendment IMO was not added for "good reasons", it was added to keep the Gov under control and out of our hair. The writer needs to understand that the 1st ammendment applies to everyone (including porn. producers) and the minute that some group is excluded from these protections there will be an avalanch of new restrictions following on it's heels. (see the 2nd amm.)I don't know how many times it has been said but, you cannot legislate morality. That is not the gov's purpose or responsability. And even if it was the gov's job it would never work. If you want to see smut removed from everyday life it must be done from within the population on a voluntary basis, not under threat of censorship.

EBUCK

4 posted on 02/01/2002 10:12:08 AM PST by EBUCK
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To: Exnihilo
Economists call the effects an activity has on others 'externalities'

Bork hasn't addressed the externalities of censorship:

One way the Nazis cleansed the country of "un-German" thoughts was through censorship. A "brown shirt" (member of the SA) throws some more fuel--"un-German" books-- into a roaring fire on the Opernplatz in Berlin. May 10, 1933.
Photo credit: USHMM Photo Archives

5 posted on 02/01/2002 10:13:35 AM PST by freeeee
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To: Huck
It is interesting that Libertarians are just fine with restraints on individuals imposed by the free market. I suppose though, any restraint upon individual freedom is okay so long as it doesn't violate the constitution. How arbitrary.
6 posted on 02/01/2002 10:14:29 AM PST by Exnihilo
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To: freeeee
Here is an excellent example of someone pointing to the most extreme form of censorship of materials which have nothing whatever to do with the subject discussed by the author. I suppose the logic goes something like: "once they ban pornography, they'll ban War & Peace!!" I don't know about anyone else, but I don't find this line of reasoning very convincing.
7 posted on 02/01/2002 10:16:40 AM PST by Exnihilo
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To: freeeee
So, in your mind anti-pornography activists are much the same as the Nazi censors?
8 posted on 02/01/2002 10:16:45 AM PST by jrherreid
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To: Exnihilo
Give an example of a restraint imposed by the free market.

EBUCK

9 posted on 02/01/2002 10:16:46 AM PST by EBUCK
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To: jrherreid
So, in your mind anti-pornography activists are much the same as the Nazi censors?

The former are less violent.

10 posted on 02/01/2002 10:18:10 AM PST by freeeee
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To: Exnihilo
You don't believe that our right to bear arms is in jeopardy? It all started with some very minute additions to the process and look at the NorEast now? Don't believe that it can happen?

EBUCK

11 posted on 02/01/2002 10:19:33 AM PST by EBUCK
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To: Exnihilo
Bork is not qualified to dictate morality to me. After reading this twisted rationalization for totalitarianism, I'm glad he didn't make it to the bench.
12 posted on 02/01/2002 10:19:42 AM PST by NC_Libertarian
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To: freeeee
Ah. But restrictions on access to porn would be the same as, say, restrictions on access to the Bible. Right?
13 posted on 02/01/2002 10:20:27 AM PST by jrherreid
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To: Exnihilo
The second bit of advice --'If it offends you, don't buy it' -- is both lulling and destructive. Whether you buy it or not, you will be greatly affected by those who do.

Sarah Brady says the same thing about guns.

14 posted on 02/01/2002 10:20:41 AM PST by dead
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To: NC_Libertarian
Bork is not qualified to dictate morality to me. After reading this twisted rationalization for totalitarianism, I'm glad he didn't make it to the bench.

He's not the boss of me!

Actually, in a civilized state, someone has to be the boss. It's up to the people to select a just leader.

15 posted on 02/01/2002 10:23:07 AM PST by jrherreid
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To: Exnihilo
Here is an excellent example of someone pointing to the most extreme form of censorship of materials which have nothing whatever to do with the subject discussed by the author.

I thought we were talking about giving the government powers to ban and destroy objectionable material, and to use violence, or threat of violence, to enforce its will; aka censorship.

Am I mistaken?

I suppose the logic goes something like: "once they ban pornography, they'll ban War & Peace!!"

You've not noticed mission creep, incrementalism, or the slippery slope effect anywhere in our government?

Once the precedent is set of putting the First Amendment up to a popular vote, what exactly would protect unpopular speech?

16 posted on 02/01/2002 10:23:12 AM PST by freeeee
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To: Exnihilo
"Restraints imposed on individuals by free markets"?

Like what, for example? Unless you consider "failure" to be a restraint, when your goods, services, or ideas can't compete successfully - Marxism being a prime example.

17 posted on 02/01/2002 10:25:34 AM PST by Redbob
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To: jrherreid
Ah. But restrictions on access to porn would be the same as, say, restrictions on access to the Bible. Right?

Both possess protection under the 1st Amendment's free speech clause. The Bible enjoys additional protection under the 1st Amendment's freedom of religion clause.

18 posted on 02/01/2002 10:26:01 AM PST by freeeee
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To: dead
That is what Bork says about Microsoft as well...lets not forget that censoring business is no different than censoring speech, but like a reactionary 'Conservative' alla Bill Bennett they look for new legislation to pass rather than an end federal funding of Cultural Marxists in higher learning, the arts and the public schools.
19 posted on 02/01/2002 10:26:36 AM PST by JohnGalt
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To: dead
Minus reality libertarians/ism is fun--harmless!

Reality is relentless/final---

better to keep into the equation and not play word-mind games---artificial intelligence/fantasy!

20 posted on 02/01/2002 10:27:18 AM PST by f.Christian
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