Richard Epstein At The Hoover Institution: ‘Our “Imbecilic” Constitution?’

Full piece here.

‘Today’s problems are so pervasive, some argue, that we should rethink the fundamental structure of our venerable Constitution. University of Texas law professor Sanford Levinson’s recent book, Our Undemocratic Constitution, argues for jettisoning our present constitutional structures in favor of more flexible institutional arrangements that, he thinks, will prove better adapted to our troubled times.’

Epstein finishes with:

‘No one should defend a state of anarchy to ward off the excesses of state power. But unless we once again find the middle ground between too much and too little government power, we will continue to suffer as a nation, whether or not we continue to operate under what remains of the federal Constitution. The original Constitution was not imbecilic. On many questions, it reflects a level of wisdom that has unfortunately been lost today’

Related On This Site: Covering the law and economics from a libertarian perspective: Richard Epstein At The Hoover Institution Journal: ‘Three Cheers for Income Inequality’Richard Epstein At The Hoover Institution: ‘Death By Wealth Tax’

The classical liberal tradition…looking for classical liberals in the postmodern wilderness: Isaiah Berlin’s negative liberty: A Few Thoughts On Isaiah Berlin’s “Two Concepts Of Liberty”… From George Monbiot: ‘How Freedom Became Tyranny’…Looking to supplant religion as moral source for the laws: From The Reason Archives: ‘Discussing Disgust’ Julian Sanchez Interviews Martha Nussbaum.New liberty away from Hobbes?: From Public Reason: A Discussion Of Gerald Gaus’s Book ‘The Order of Public Reason: A Theory of Freedom And Morality In A Diverse And Bounded World’…Richard Rorty tried to tie postmodernism and trendy leftist solidarity to liberalism, but wasn’t exactly classically liberal:  Repost: Another Take On J.S. Mill From “Liberal England”

Originalism vs. The living constitution: George Will Via The Jewish World Review: ‘True Self-Government’..Still fighting the battles of the 60′s…? A Few Thoughts On Robert Bork’s “Slouching Towards Gomorrah”…Catholic libertarianism: Youtube Via Reason TV-Judge Napolitano ‘Why Taxation is Theft, Abortion is Murder, & Government is Dangerous’

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Russell Berman At Defining Ideas: ‘Achtung, It’s Syria!’

Full piece here

Germany has its own interests:

What foreign policy course will Berlin steer as it maneuvers between Moscow and Washington?

and with regard to Syria:

‘In one sense, the Syrian crisis is absolutely clear: a dictatorship waging war against its people. At the same time, however, it is complex, involving a Russian return to Cold War habits, a competition between Turkey and Iran, and the dysfunctionality of the United Nations, all in the context of the United States’ general retreat from the world stage. In this fluid situation, Germany’s response provides an important indicator not only of its specific national interests but also of the likely future shape of European Union foreign policy:  that is, nominally in support of democratic values but unlikely to go very far to defend them.’

Related On This Site: …From Slate: ‘In Aleppo, Syria, Mohamed Atta Thought He Could Build The Ideal Islamic City’

Michael Totten At World Affairs: ‘Syria’s Regime Not Worth Preserving’James Kirchik At The American Interest: ‘Egyptian Liberals Against the Revolution’

As much as there is American Leftist political support against colonialism, has Obama just invested us in a human rights based, neo-neo colonialism?: A Few Thoughts On Watching Operations In Libya

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Richard Epstein At The Hoover Institution: “No ‘Sachs Appeal'”

Full piece here.

Epstein strives to clear the air from Jeffrey Sachs mischaracterizations of libertarianism, as the libertarian/liberal debate continues (libertarians may be enjoying a high watermark during such a liberal administration as they push back against modern liberalism on the shared turf of liberty):

‘Since Sachs does not offer a systematic account of what it is to be a libertarian, I shall try here to fill that gap in order to explain why his views are so deeply flawed.’

and to do so he makes a distinction:

‘I refer here to the continuous tension between the hard-line anarcho-capitalists and the adherents to classical liberalism. In the former camp is my friend and sparring partner Walter Block,  perhaps the closest living successor to Murray Rothbard, who took the monochromatic position that the sole duties that individuals have to each other are to refrain from the use or threat of force and to honor their promises. The hard-line libertarian treats these duties as the entire sum of the obligations that one person owes to another.’

Modern American liberalism seems to have so desperately lost sight of old-school liberalism as it wanders down the garden path (following the logic of relativism, often pursuing diversity as the highest good…which is to say the threats that excessive individualism and excessive egalitarianism pose to individual liberty and our institutions):

‘But the classical liberal makes two conscious adaptations from hard-line libertarian thought that render it largely immune to the criticisms that Sachs and others lodge against it. The first deals with moral obligations. The second deals with issues of monopoly, taxation, eminent domain, and regulation.’

Modern liberalism does not have a monopoly on moral concern for others nor compassion (as much as some moral psychologists who dip into politics would like it to be so):

‘Nothing whatsoever in anarcho-libertarian theory makes it illegal for persons to show compassion or render assistance to those who are in need. The only sense in which they take a back seat (to the control of force and fraud) is that these imperfect obligations rely on a more diffuse set of sanctions to keep them in place.’

And as to monopoly, taxation, eminent domain and regulation, you’ll have to click through, as it’s likely worth your time.  Epstein finishes with:

‘These two great systems of thought should be acquitted of all the charges that Jeffrey Sachs makes against them. We have here one of those sad situations in which Sachs’s weak and misconceived attack says more about the intellectual poverty of the author than of the systems that he hopes to undermine with a few deft strokes.’

Related On This Site:  Sachs and Niall Ferguson duke it out: CNN-Fareed Zakaria Via Youtube: ‘Jeff Sachs and Niall Ferguson’

The anarchic tradition:  A Few Thoughts On Robert Nozick’s “Anarchy, State and Utopia”… Two Sunday Quotations By Albert Jay Nock in ‘Anarchist’s Progress’Via Youtube: (1 of 3) Kant, Chomsky and the Problem of KnowledgeLink To Lew Rockwell Via A Reader.

The classical liberal tradition…looking for classical liberals in the postmodern wilderness: Isaiah Berlin’s negative liberty: A Few Thoughts On Isaiah Berlin’s “Two Concepts Of Liberty”… From George Monbiot: ‘How Freedom Became Tyranny’…Looking to supplant religion as moral source for the laws: From The Reason Archives: ‘Discussing Disgust’ Julian Sanchez Interviews Martha Nussbaum.New liberty away from Hobbes?: From Public Reason: A Discussion Of Gerald Gaus’s Book ‘The Order of Public Reason: A Theory of Freedom And Morality In A Diverse And Bounded World’…Richard Rorty tried to tie postmodernism and trendy leftist solidarity to liberalism, but wasn’t exactly classically liberal:  Repost: Another Take On J.S. Mill From “Liberal England”

More liberal mischaracterizations of libertarianism:  From Slate: ‘The Liberty Scam-Why Even Robert Nozick, The Philosophical Father Of Libertarianism, Gave Up On The Movement He Inspired.’From The Boston Review: ‘Libertarianism And Liberty: How Not To Argue For Limited Government And Lower Taxes’

Covering the law and economics from a libertarian perspective: Richard Epstein At The Hoover Institution Journal: ‘Three Cheers for Income Inequality’Richard Epstein At The Hoover Institution: ‘Death By Wealth Tax’

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Richard Epstein At The Hoover Institution Journal: ‘Three Cheers for Income Inequality’

Full piece here.

Epstein follows up on his 60 minutes interview:

“The clarion call for more income equality puts short-term transfers ahead of long-term growth. Notwithstanding the temper of the times, that siren call should be stoutly resisted. Enterprise and growth, not envy and stagnation, are the keys to economic revival”

As posted previously, a reader sent in two quotes from Henry Hazlitt, libertarian economist:

“The art of economics consists in looking not merely at the immediate but at the longer effects of any act or policy; it consists in tracing the consequences of that policy not merely for one group but for all groups.

and

“The first requisite of a sound monetary system is that it put the least possible power over the quantity or quality of money in the hands of the politicians.”

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Richard Epstein At Defining Ideas: ‘The Tax Expenditures Muddle’

Full piece here.

‘The root of the difficulty is this: it is not all that easy to figure out which downward adjustment in taxable income counts as a tax expenditure, and which does not. Right now the current income tax system starts with gross income, a number that is then reduced in various ways to get an “adjusted gross income” figure, which is the normal taxable base.’

Related On This Site:  From Youtube Via Althouse-’Paul Ryan: Hiding Spending Doesn’t Reduce Spending’Arnold Kling From The Library Of Economics And Liberty: ‘My Perspective On The Budget Fight’

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