View source for Adventures in Libertarian Blind Spots

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{{DES | des = Libertarians cannot agree on whether the 19th century USA was more or less free than today. Easy clue: more than half the population could not vote and could not own property when married. Oh, and let's not forget the slavery. | show=}}
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Last week David Boaz had a post/article up at Reason, pointing out that there is something odd – that would be one word for it – about deploring the erosion of American freedom without noticing that, in fact, there is pretty obviously more of the stuff than there used to be, by any reasonable measure. Boaz’ title and subtitle pretty much say it all, to the point where you wonder whether it even needs to be said at all: “Up From Slavery – There’s no such thing as a golden age of lost liberty”.

One of Boaz’ fellow libertarians, Jacob Hornberger – cited by Boaz as a case in point of this odd Golden Age-ism – made a response which made the same damn obvious mistake all over again. His post – “Up from Serfdom – How to restore lost liberties while building on the positive strides America has made since 1776” – hearkens to the good old days of the 80’s – 1880’s, that is:

Let’s consider, say, the year 1880. Here was a society in which people were free to keep everything they earned, because there was no income tax. They were also free to decide what to do with their own money—spend it, save it, invest it, donate it, or whatever. People were generally free to engage in occupations and professions without a license or permit. There were few federal economic regulations and regulatory agencies. No Social Security, Medicare, Medicaid, welfare, bailouts, or so-called stimulus plans. No IRS. No Departments of Education, Energy, Agriculture, Commerce, and Labor. No EPA and OSHA. No Federal Reserve. No drug laws. Few systems of public schooling. No immigration controls. No federal minimum-wage laws or price controls. A monetary system based on gold and silver coins rather than paper money. No slavery. No CIA. No FBI. No torture or cruel or unusual punishments. No renditions. No overseas military empire. No military-industrial complex.
As a libertarian, as far as I’m concerned, that’s a society that is pretty darned golden.

To which obvious mistake Will Wilkinson made the obvious correction:

Nope. Sorry.
How about the female half of the population? By 1880 coverture laws, which basically denied married women any meaningful property rights, were still in place in many states. (Coverture laws persisted in some states until the 1920s.) And there were plenty of further paternalistic regulations on the sort of work women were allowed to undertake. Of course, women in 1880 had almost no meaningful rights to political participation, ensuring that they were unable to demand recognition and protection of their basic liberty rights through the political system.

Slavery was gone in 1880, but systematic state-enforced racial apartheid was going strong. The economic and political rights of blacks were severely curtailed under the various antebellum state Black Codes and then under the Jim Crow laws. What formal rights Southern blacks did have were often denied in fact by extralegal enforcement of racist norms by lynch mobs and other campaigns of terror.

By 1880, most of the the U.S.’s imperialist efforts to secure North American territory against the claims of competing European imperial powers were complete. But the government’s campaign of murder, theft, and segregation against native populations continued.

One could go on and on in this vein in gruesome detail. But this is enough to establish the point: 1880’s America was a society in which well more than half the population was systematically and often brutally denied basic liberty rights. If that’s golden, I’d hate to see bronze.

To which Arnold Kling responded, in defense of Hornberger, making the same damn obvious mistake that Hornberger already made twice, a third time:

I would rather live with the group-status configurations that we have today than with those that prevailed in 1880. For that matter, I would rather live with the plumbing and dentistry that we have today than that which prevailed in 1880. But it’s a swindle to suggest that if we had a libertarian polity we would be back in the days of Jim Crow or women’s subservience. Just as it is a swindle to suggest that if we had a libertarian polity we would be back to using outhouses and having our teeth pulled without anesthetic.
To which Will makes the obvious rejoinder. The notion that the way things would be in an ideal libertarian polity constitutes some sort of defense of how things actually were in 1880 is … well, not to be made sense of. As Will put it in the earlier post: “restoration is a conservative project and liberty is a fundamentally progressive cause.”

Obviously Kling and Hornberger could not have done a better job of proving Boaz’ original point. It’s tempting to accuse them of just not caring about liberty for anyone except white men. How else could they miss this stuff? But I doubt that’s it. (Anyway, aren’t they Jewish? It’s hard for me to imagine men named Kling and Hornberger seriously believe they, personally, would be made more free by being transported back to the late 19th Century.) It seems to me the most probable explanation of this truly bizarre blind spot – it really is bizarre and there’s no other word for it – is a sort of strange entrapment in the conservative ‘restoration’ narrative, but perhaps induced by Hayekian rather than conservative rhetoric. If the 20th Century was the Road To Serfdom, it can hardly have been a long march to increased freedom. If progressives and liberals are the authoritarian enemy, it can hardly be that their victories have, on the whole, made us more free. Since the 20th Century was when the bad stuff really got going, how can it NOT be appropriate to be thoroughly nostalgic for the 1880’s as a Lost Golden Age?

I guess I’ll leave it at that. Libertarians really ought to know better than to try to argue against the utterly obvious points Boaz made in that post. That’s just basic intellectual hygiene, surely.
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