Libertarian "freedom" vs. civil rights movement freedom

by: Paul Rosenberg

Sun May 30, 2010 at 18:00


In my previous diary, "No Rand, you WOULDN'T have marched with Martin Luther King", I stated that I wanted to make five basic points:

(1)  The Civil Rights Movement was much more involved in fighting private discrimination that Rand Paul acknowledges, which means there is no way that Paul would have marched with Martin Luther King.

(2)  The Civil Rights Act was much more involved in fighting private discrimination that Rand Paul acknowledges, which means there is no way that Paul would have supported it.

(3)  Barry Goldwater's opposition to the Civil Rights Act was largely based on the same broad reasons that Rand Paul has a problem with it.

(4) Private discrimination has played a significant role in conservative politics in the years since the Civil Rights Act was passed, which means it is anything but an historical irrelevancy.

(5) Libertarians have a very different vision of "freedom" from the Civil Rights vision, although they take great pains to obscure the fact.  In fact, the libertarian vision of freedom was part of what helped keep slavery in place, as well as what helped justify opposition to the Civil Rights Movement.

In the end, because of length, I did little more than state the last point.  In this diary, I will complete what I started.  

In his book Whose Freedom? The Battle Over America's Most Important Idea, George Lakoff lays out the argument that liberals and conservatives mean very different things when they talk about "freedom", which has a common core meaning that liberals and conservatives flesh out in very different ways.

Lakoff's argument is developed in terms of concepts, and how they how they emerge from concrete physical experience into realms of increasing abstraction.  While the root meaning of freedom, common to virtually all of us, is grounded in the physical reality that freedom of movement is fundamental to our well-being, and that physical restraints are the most fundamental restrictions on our freedom as creatures, the ways that liberals and conservatives flesh out the meaning of freedom diverges so fundamentally that neither can understand the other.

Rather than go through Lakoff's arguments, however, I want to take this general perspective he lays out and apply it to the history discussed in the previous diary.  In particular, I want to stress that the civil rights struggle for freedom was grounded in much longer historical struggle, which had its origins in the initial resistance to becoming slaves in the first place.  It was, in short, a struggle that was directly about the most fundamental physical meaning of freedom that is common to all definitions of it.  

Paul Rosenberg :: Libertarian "freedom" vs. civil rights movement freedom
There was no act of abstraction  in the beginning of this struggle.  It was about actual physical freedom.  And, indeed, by the time of the Civil Rights Act of 1964, with its provisions curtailing private discrimination, it was still about actual physical freedom.  It was about the freedom of black Americans to walk into a drugstore, and sit down at a lunch counter to be served just like anyone else.  It was about their freedom to ride anywhere they wanted in a bus--even if it was owned by a private company.  It was about their freedom to go anywhere they wanted to, without hindrance, threat or opposition, other than that imposed equally on anyone else--such as paying the price of admission to a movie theater.

This struggle for freedom, so basically defined, was also a part of a much broader tendency, which Lakoff lays out at the very beginning of the introduction in Whose Freedom:

There are two very different views of freedom in America today, arising from two very different moral and political worldviews dividing the country. The traditional idea of freedom is progressive. One can see traditional values most clearly in the direction of change that has been demanded and applauded over two centuries. America has been a nation of activists, consistently expanding its most treasured freedoms:
  • The expansion of citizen participation and voting rights from white male property owners to non-property owners, to former slaves, to women, to those excluded by prejudice, to younger voters

  • The expansion of opportunity, good jobs, better working conditions, and benefits to more and more Americans, from men to women, from white to nonwhite, from native born to foreign born, from English speaking to non-English speaking

  • The expansion of worker rights--freedom from inhumane working conditions--through unionization: from slave labor to the eight-hour day, the five-day week, worker compensation, sick leave, overtime pay, paid vacations, pregnancy leave, and so on

  • The expansion of public education from grade school to high school to college to postgraduate education

  • The expansion of knowledge through science from isolated figures like Benjamin Franklin to scientific institutions in the great universities and governmental institutions like the National Science Foundation and the National Institutes of Health

  • The expansion of public health and life expectancy

  • The expansion of consumer protection through more effective government regulation of immoral or irresponsible corporations and class action suits within the civil justice system

  • The expansion of diverse media and free speech from small newspapers to the vast media/Internet possibilities of today

  • The expansion of access to capital from wealthy landholders and bankers to all the ways ordinary people-more and more of them-can borrow money today

  • The expansion, throughout the world, of freedom from colonial rule- for the most part with the backing of American foreign policy.

The simple fact is that all the above actions actually expanded human freedom, defined simply as the capacity to act in accordance with ones freely chosen desires. We may not immediately think of all the above in terms of "freedom"--but that only goes to show how stunted our concept of freedom has become.

In sharp contrast to the black freedom struggle, opponents of black freedom have used the notion of "freedom" as well--the "freedom" of slaveholder's to own slaves, for example, and to do whatever they wished with their human property.  Indeed, in Jefferson's Pillow: The Founding Fathers and the Dilemma of Black Patriotism, Roger Wilkins makes the point that slaveowners were particularly zealous in demanding their freedom, precisely because they were so intimately aware of what it meant to be a slave.  But it was the very unthinkability of being in the slave's skin, in the position of the other, that drove them in their passion for "freedom". Thus, what was crucial for the slaveholder's struggle for "freedom" was the incapacity to feel empathy beyond the most superficial level entailed in being horrified at the mere thought of being in the other's place.

Historically, once slavery came under sustained attack from the Abolitionist movement, the Bible became the chief source of defense.  But "states' rights" and appeals to the slaveholder's right to property--and hence supposed Lockean "freedom" were never far from hand.  In the libertarian account that Goldwater invoked in opposing the Civil Rights act, and that Rand Paul reiterates today, black freedom cannot be advanced unless the slaveholder's freedom--or its modern-day progeny-be curtailed. But the libertarian position entails there is a profound misreading of Locke's argument for the social contract and inalienable rights.

The essence of Locke's argument is that in the state of nature of supposed "total freedom", no freedom is actually secure, because of the threat that every individual's exercise of "freedom" posses to everyone else.  Where no freedom is secure, Locke argues, it does not actually exist.  What threatens freedom, most fundamentally, is the inability to recognize and respect the freedom of the other--the inability to see oneself in the other, a failure of imaginative empathy.  The social contract is the means to overcome that inability. It is, in effect, an institutionalization of empathy, and the social nature of human freedom.

Libertarians fail to grasp this, because they are fundamentally anti-social and and anti-empathetic in their outlook. (This is not to say that all libertarians are necessarily anti-social and and anti-empathetic in their psychology.  Their psychology and their political philosophy can easily be deeply at odds.)  They regard their freedoms as a kind of property, and they regard their property as pre-social.

However, Locke's point is that property per se does not come into existence until there is a social contract that recognizes it.  Without the social contract, there is no recognition of property.  There is only brute force possessing objects--or stealing them. Because of his profoundly social understanding of the origins of property as well as all the rights we enjoy, Locke is directly opposed to the libertarian's view of things.

Back at MyDD in June 2007, in a diary "George Will's Lies Fails To Save Conservatism", I wrote:

The freedom that conservatives talk about is their freedom--not "liberty and justice for all," but  liberty and justice for them.  As the Dictionary of the History of Ideas says in its entry on liberalism:

    The hero is free, or freer at least than the ordinary run of men; and the cult of the hero is common to many societies in which freedom, as the liberal thinks of it, means nothing.

This is the "freedom" which conservatives cherish--though without actually having to do anything heroic, like fight in wars they cheer from their keyboards.  It is the freedom of the slaveowner to own slaves. The freedom of the President to ignore laws he doesn't like. The freedom of corporations to ignore labor laws in breaking unions (and then pay petty fines years later, as a minor cost of doing business).  In the way of crumbs, it also includes the freedom of ordinary whites to discriminate against blacks, and of ordinary men to discriminate against women. But its essence is the freedom of the few to rule the many, the freedom of the powerful to dominate the weak.

Thus, history shows the real meaning of the saying that "conservatives care about freedom, while liberals care about equality"-- liberals care about liberty for all, while conservatives just want it for themselves.  Indeed, liberals believe that "as long as one man is in chains, I am not free"--a precept fully in line with the teachings of Matthew 25:31-46, in the midst of which Jesus says, "Whatsoever you do to the least of my people, that you do unto me."

Conclusion

In short, what it all boils down to is this:  libertarians have a theory of freedom, but it's a theory with (a) a piss-poor historical record of every delivering any actual freedom, and (b) a long historical record of being used by those with power to deny freedom for those with less power. In short, it's a theory that's repeatedly failed the empirical test of history.

And just to put a little cherry on the top of my argument at the end, he's a short tape of Rand's father defending some nutcase violent tax evaders by comparing them to Martin Luther King.  This is a classic demonstration of just how pathetically the libertarian model of freedom fails to comprehend what the hell it's talking about.  For the full context, you can read my diary, "Ron Paul Equates Former Militia Wingnut Tax Evaders With Martin Luther King" in which I first presented this video.

Okay, take it away, Ron:


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Libertarians and "liberty" (4.00 / 1)
It's interesting to note how libertarians try to expropriate the word "liberty."  I've noticed this with more doctrinaire conservatives as well, but it really is a libertarian trait. Their use of this word is extraordinarily deceptive, because if there ever were a movement designed to protect the powerful, libertarianism is it.  

Actually (0.00 / 0)
I would argue that conservatism does a better job at protecting the powerful.  At the very least, libertarians tend to care about civil liberties like free speech and torture.

Still, though, I agree with Paul 100%.  Every liberal should be shouting this from the top of their lungs whenever a conservative starts mouthing off about "freedom."


[ Parent ]
But, see, it's right in their name! (0.00 / 0)
What could be closer to l i b e r t y than l i b e r t arian.  Truthfully.  That's about as "deep" as I see some of them go.

[ Parent ]
Very Nice (4.00 / 2)
I'm partial to two write-ups on libertarianism: Libertarianism Makes You Stupid, and I'm Still Not A Libertarian.  Both touch on what you say here.  For example, from the first piece:

Libertarians are for "individual rights", and against "force" and "fraud" - just as THEY define it. Their use of these words, however, when examined in detail, is not likely to accord with the common meanings of these terms. What person would proclaim themselves in favor of "force and fraud"? One of the little tricks Libertarians use in debate is to confuse the ordinary sense of these words with the meaning as "terms of art" in Libertarian axioms. They try to set up a situation where if you say you're against "force and fraud", then obviously you must agree with Libertarian ideology, since those are the definitions. If you are in favor of "force and fraud", well, isn't that highly immoral? So you're either one of them, or some sort of degenerate (note the cultish aspect again), one who doesn't think "force and fraud must be banished from human relationships".

Or the second piece:

The second fallacy is one that I personally refer to as the Libertarian Fallacy, since unlike the Revolutionary Fallacy it is specific to this branch of philosophy.  It is popular with several subtypes of conservatives and most anarchists, as well as with Libertarians.  It can be expressed as the idea that freedom is measured by absence of laws.  Another [w]ay of stating it is that only the government can restrict your rights.  (Some Libertarians strongly support this wording, saying that a law removes or restricts your rights, but a private entity can only infringe on your rights without changing them.)  To me, this is an artificial double standard, which labels a restraint on your freedom by one outfit in a completely different way than the same restraint by a different outfit, because one has the label of "government" and the other does not.  Indeed, much of the fabric of reasoning in Libertarianism is based on presuming that the government is uniquely unlike any other entity, and therefore must be judged by entirely different standards from how anything else is appraised.

To me, the question is how much power others have over you and how constrained your choice of actions is, not whether the constraint is by public action rather than private action.  In the viewpoint of those who hold this fallacy, what matters is how free you are on paper, not how free you are in what choices are actually open to you right now in real life.  According to this view, a destitute person with no public support is more free than one who gets some kind of pension or welfare, despite the fact that the latter is the one who can do many things that are closed off to the former.


I really recommend both of them, as they get at the core problem with libertarian thinking; I had to go scrounging through my old bookmarks to find them, thanks for the reminder piece!

Critiques Of Libertarianism Was My #1 Go-To Site In The Late 90s (0.00 / 0)
But eventually, I just got tired of dealing with brainless whack-a-moles.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
for "libertarians", freedom just means anti-government (4.00 / 2)
they don't consider that democratically accountable governments have a role in protecting freedom... and there are a ton of other things that can mess with our freedom: churches, media, and of course private business.

the civil rights recognized that government "non-interference" was, in effect, an endorsement of white supremacy and white privilege. the civil rights movement understood that "states rights" was just a way to mask racism in the language of liberty.


For me, (4.00 / 3)
this is what is key; is fundamental:

However, Locke's point is that property per se does not come into existence until there is a social contract that recognizes it.  Without the social contract, there is no recognition of property.

And, for many of the so-called libertarians** I meet online, this is the lynchpin they will go to rhetorical excess to avoid.

** I say "so-called" because at least half the time I don't think those appropriating the tag of libertarian have any inclination of what it means ... aside from whatever they want it to mean at the moment.

And, if you try to make them to address that lynchpin, get square with that lynchpin, that's when the ad hominem arguments begin to fly.

It's a tough group for me to take seriously because most of the time I'm fairly convinced that many of them are more in love with libertarianism than liberty.  Kind of like being in love with love (as my sainted mother was wont to warn).

So often it strikes me as a means to garner their personal choices from the social benefits buffet without any of the associated contractual obligations.  


Quite True (4.00 / 1)
I had thought of writing a diary this week about libertarianism as a form of identity politics.  For many folks it's simply a means of constructing a "morally superior" identity.  Hence, the intense response to being forced to confront internal contradictions, leading to ad hominem attacks.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
you should put "libertarian" in quotes as well (0.00 / 0)
the entire american political spectrum has been disfigured and pushed to the right by a variety of strategies and circumstances.  one of the ways in which this is most evident is in mainstream 'american libertarians.'  I have talked to and read about a lot of libertarians and what I have noticed is:

a) they have a particular type of libertarianism which is deeply conservative, calls for a literalist interpretation of the constitution absent any recognition of the flaws in the constitution like slavery, and is frequently much more anti-government/small government than it is pro-individual.

b) disregards the existence of more progressive libertarians (left-libertarians or socialist libertarians like Chomsky) or indeed the existence of wide swathes of critique of state power that have existed since the beginning of the industrial revolution at least, if not longer, and have always existed on the left.  Protection of the individual and individual rights is at the heart of leftism.

c) in other countries, where people are not as ideologically shifted by media/education/politics that is extremely conservative, some of the people might be anarchists or left liubertarians,e tc.  So the problem is not libertarianism - a healthy skepticism of state power and appreciation of the welfare and rights and power of the individual are good things- the problem is that this is an extremely conservative form of libertarianism and one that, on top of that, is not internally consistent / influenced by other trends.  

Having a Nader in place would have mitigated some of these things, but he has been discredited/discredited himself - there are other peple that might emerge who are advocates of protecting individuals agaisnt state power / corporate power but the left has to be receptive to accepting the existence of those things and understanding that it is ultimately beneficial to the progressive left to have those ideas aired - otherwise you will always have these kinds of skewed constitutiounal-literalist libertarians who don't give a f"£k about libertarianism if it means involving opposing TARP (one person I know) or focusing on the race aspects of the Constitution (Ron Paul on the Daily Show - comkpletely absent) or many other things.  

The ideas of these people are not serious, and the ideas of serious libertarians are ignored and marginalised, including by the left, which pushes anyone with libertarian sensivbility into this disfigured contorted thing that is called 'American Libertarianism.'


Nader (0.00 / 0)
"Having a Nader in place would have mitigated some of these things, but he has been discredited/discredited himself"

That's a puzzling use of the reflexive pronoun.  Not sure I follow.


[ Parent ]
Good Point, But (4.00 / 3)
Another alternative to putting "libertarian" in quotes is simply to call the non-rightwing libertarians "civil libertarians", thus leaving the distinct--and quite accurate--impression of something fundamental that rightwing libertarians lack.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
but they're not even civil libertarians (4.00 / 1)
civil libertarians would stand up for the civil liberties of ALL people.  by appealing to the basic failure of the american constitution to do so, which has subsequently been rectified, in some (not all) instances, they're reactionaries that are justifying racism under the guise of civil libertarianism.  In other words, they're fighting the losing side of a moral, political, and legal battle of the meaning of the law in relation to race that has already been resolved.  

In that sense, they are NOT acting in a libertarian manner, but a primarily racist one.

or so would go the argument :D


[ Parent ]
Just So (0.00 / 0)
By calling them "libertarians" as opposed to "civil libertarians" all that you wrote is implied by the absence of "civil".

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
Damn, Paul (4.00 / 2)
You are an intellectual powerhouse.  This post and its predecessor are the bomb.  You didn't leave any meat on the bone. Rand Paul's ignorance is only exceeded by his intellectual dishonesty.  Thanks.

"The Harvest is past, the summer is ended, and we are not saved."

--Jeremiah 8:20


Thanks (0.00 / 0)
I appreciate the appreciation.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
Paul, re: (4.00 / 1)
Perhaps, At Bottom and Quite True

Are these even separable?  I keep mulling those two responses, and it seems to me that the defining characteristics of one are shared by the other.  And, preserving the interior narrative and "morally superior" identity aren't so easily disentangled.  I don't know how you could address one without also addressing the other.  They seem like mirror images to me; like some kind of isomer.  And, while the characterization of tribalism might encompass them both - I tend to think of tribes as something one is "born into."  And, in my experience, when you're born into something, you're a lot more relaxed about your membership.  These adopted, or self-selected, affiliations seem to demand a higher level of ... energy?


True (4.00 / 1)
One post was written about libertarians, the other about neo-liberals.  But there's a sense in which the two like the same note sounded in two different octaves.  Both are deeply ahistorical, anti-pragmatic and individualistic in an anti-social sense.

Also, the inner narrative I spoke of is certainly part of the process that goes into identity-creation and maintenance. I wouldn't say they're identical, but certainly very closely connected.

As for the whole "tribal" thing, I think some tribes are alot more comfortable to be part of than others, regardless of whether one is born into them or if they are chosen.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Thanks, Paul (0.00 / 0)
I just couldn't help but wonder if their similarities weren't more compelling than their differences.  You gave me more to mull over.  It's appreciated.

[ Parent ]




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