stereotypical image of an ambitious tyrant is of Adolf Hitler
haranguing crowds of rapt Germans, or of machismo-obsessed Benito Mussolini addressing his
adoring audiences in a belligerent, hands-on-hips, jutting jaw pose. To their
sole credit, they could deliver their calls to totalitarianism without the
benefit of Teleprompters.
we have the less hysterical, snooze-inducing example of Mayor Michael Bloomberg of New York
City, discussing in a pontificating, patronizing-the-rubes manner the necessity
of banning everything under the sun for “your sake” and the
“sake of society,” forcing us to “understand.” Bloomberg bypassed
protocol and issued a ban on “sugary” soda drinks larger than 16
ounces. A New York Supreme Court judge
shot down the ban on March 11th.
retiring, oft-times publicity-shy professors, who also sanction tyranny and
totalitarianism by advancing compulsion and submission in the classroom and in
books. May I introduce Sarah O. Conly, assistant
professor of philosophy at Bowdoin College? She is the author of Against Autonomy: Justifying Coercive
Paternalism? The title may have been an oversight. Was it supposed to have
been Justifying Coercive Maternalism,
or have employed some gender-neutral neologism that editors decided was too
awkward? In any event, that “sexist” Paternalism suggests that Conly is not a “feminist,” but
rather a “counter-feminist” or “anti-feminist.” Who knows? But
she is an advocate of the Nanny State.
her New York Times Op-Ed, “Three
Cheers for the Nanny State” (March 24th), Conly, after the
New York Supreme Court invalidation of the soda ban, wants to know:
York City’s attempt to impose a soda ban, or more precisely, a ban on
large-size “sugary drinks”? After all, people can still get as much soda as
they want. This isn’t Prohibition. It’s just that getting it would take
slightly more effort. So, why is this such a big deal?
such a ban suggests that sometimes we need to be stopped from doing foolish
stuff, and this has become, in contemporary American politics, highly
controversial, no matter how trivial the particular issue. (Large cups of soda
as symbols of human dignity? Really?)
necessary, large cups of soda just might need to be symbols of freedom. Or it
might be a lit cigarette, or a restaurant’s sugar dispenser, or a salt shaker. Or
perhaps Daniel Chester French’s statue of the Minuteman
in Concord, Massachusetts.
Mussolini, Obama, and Bloomberg are what Ayn Rand would call the Attilas of
muscle. They employ force to achieve their perfect societies. Conly and her innumerable
intellectual, Ivy-League rain-dancers, whose numbers stretch back to the early
20th century, would be the Witch Doctors, who employ fraud, deceit,
lies, and a practiced dissimulation and verisimilitude to encourage mobs and
their Attilas to achieve perfect societies of selflessness and self-sacrifice.
is against the autonomy of the individual, that is, against the independence of
the individual in a collectivist society.
wrote in 1859 that the only justifiable reason for interfering in someone’s
freedom of action was to prevent harm to others. According to Mill’s “harm
principle,” we should almost never stop people from behavior that affects
only themselves, because people know best what they themselves want.
“almost,” though, is important. It’s fair to stop us, Mill argued,
when we are acting out of ignorance and doing something we’ll pretty definitely
regret. You can stop someone from crossing a bridge that is broken, he said,
because you can be sure no one wants to plummet into the river. Mill just
didn’t think this would happen very often.
writes on her own blog site
about the theme of her Against Autonomy:
decisions, is overrated—that the common high evaluation of the importance of
autonomy is based on a belief that we are much more rational than we actually
see, Mill said it was okay to curb the freedom of the individual if that
freedom somehow impinged on the freedom or rights of others, that is, if it
caused “harm.” Mill was a Utilitarian. He argued that there was no
real moral foundation for freedom. It was just more “practical” than
other social systems of government. Freedom is a value, said Mill, but it cannot
be validated in a Christian society or in one that reveres self-sacrifice, as
ours does, and he regarded a Christian or altruist morality as the touchstone
of ethical matters. Liberty can only be tolerated. Put another way, individual
freedom and capitalism are the only guarantors of a church’s collection plate
not going back to the pulpit empty. Mill says it himself:
as the ultimate appeal on all ethical questions; but it must be utility in the
largest sense, grounded on the permanent interests of man as a progressive
being. Those interests, I contend, authorize the subjection of individual
spontaneity to external control only in respect to those actions of each which
concern the interest of other people.1.
does not provide specifics or examples of how an individual’s actions might
harm others to the extent that a government (or “society”) should
step in and compel the individual to desist. The Left, in its quest for a
socialist or communist society, has provided several score instances. Refer to
all the back issues of the Federal
Register for any or all of them. The conservative Right has advanced no
arguments against these incursions, because it is basically Utilitarian in
nature. It is not opposed to the regulatory state, only to “big”
goes on about Mill:
where we want to go, but a really terrible idea of how to get there. It’s well
established by now that we often don’t think very clearly when it comes to
choosing the best means to attain our ends. We make errors. This has been the
object of an enormous amount of study over the past few decades, and what has
been discovered is that we are all prone to identifiable and predictable
all these “identifiable and predictable miscalculations,” if they
somehow subject others to real or imagined harm, should be the subject of government
regulation or prohibition. Conly resorts to the argument from authority by
falling back on the work of other academicians to substantiate her claim. We
suffer, according to some Nobel Prize-winning psychologists and behavioral
economists (What is a behavioral economist? Is it anything like a Paul Krugman
“economist” or an Al Gore meteorologist?), from something called
“cognitive bias,” “status quo bias,” and a “present
bias,” because we are mostly “irrationally optimistic.” Bad things,
we are prone to think, can’t happen to us, just to others.
all about “harm,” mostly imagined, and Mill’s discussion of the
concept is vague enough that academicians have been chasing their tails in
attempts to defend it as a justification for government coercion. The “Harm
Principle” has given these academicians something to think about, and to
write long, discursive papers without coming to any substantial conclusions. For
example, Gordon Hemsley, in his 2008 paper, “Government
Authority: John Stuart Mill and the Harm Principle,” opens with:
vague and ambiguous to govern alone. Many questions are raised immediately:
Must the harm be physical, or can it be psychological? Must the harm be intentional?
Is the individual also responsible for a lack of action? Does the individual
harmed have to be a human being, or can it be of another species or character?
What if the other individual desires to be harmed? If one single principle is
to be used to govern a state, it cannot raise this many questions.
to address the aforementioned deﬁciencies of protection that the Harm Principle
aﬀords. For example, a government that wishes to protect
citizens from themselves would have to invoke Legal Paternalism (as deﬁned by
Joel Feinberg). Also, in order to provide for less fortunate citizens, or to
simply create a communal resource, a government might have to invoke Alan Wertheimer’s
Collective Beneﬁts or Need Principles….The Harm Principle, as it is currently
deﬁned, does not specify what qualifies as harm.
by the “harm principle,” argues Hemsley, isn’t enough. Government needs
more powers and a better moral sanction to exercise those powers. However,
Hemsley does not say what kinds of powers. He stops shy of being as blunt as
Conly about what those powers should be.
is more specific than Mill or Hemsley about the Progressives’ Herbert
Croly-esque “moral tonic” of government power.
buy a really large soda, all in one cup, is something we stand to lose here. For
most people, given their desire for health, that results in a net gain. For some
people, yes, it’s an absolute loss. It’s
just not much of a loss. [Italics mine.]
an overbearing, nattering Nanny speaking. Never mind your cigarette, or your Kellogg’s
Frosted Flakes, or salt-seasoned cheeseburger and fries or pasta. You can live without
those things. It’s not much of a loss.
Your desires are irrelevant. We will force you to understand this.
it’s little losses like those which eventually make possible this kind of loss,
for example, when President Obama just willy-nilly signs (another) executive
while the nation was busy preparing for their Easter holiday President Obama
signed an Executive Order establishing the Presidential Commission on Election Administration,
a wing of the federal government he has tasked with “election administration,”
a move critics say is an attempt to nationalize the country’s elections for
order establishes a nine member board, appointed by the President, that “shall
be drawn from among distinguished individuals with knowledge about or
experience in the administration of State or local elections… and any other
individuals with knowledge or experience determined by the President to be of
value to the Commission.”
ostensive purpose of this executive order is to prepare for the 2014 mid-term
and 2016 presidential elections and to help to ensure Democratic hegemony by
registering millions of illiterate and semi-literate voters. For you, the individual
who values his freedom and doesn’t wish to see more statism and regulation and
the perpetuation of the Nanny State, it’s “not much of a loss.”
missions of the board will be to “ensure that all eligible voters have the
opportunity to cast their ballots without undue delay, and to improve the
experience of voters facing other obstacles in casting their ballots, such as…
voters with limited English proficiency.”
unprecedented step, the executive order, which side steps any legislation or
national debate, created a federal Commission that shall consider, ”the number,
location, management, operation, and design of polling places; the training,
recruitment, and number of poll workers; the efficient management of voter
rolls and poll books; voter education; and voting accessibility for individuals
with disabilities, limited English proficiency, and other special needs.”
a long, confusing, and inconclusive 2005 paper by Conly, “Seduction,
Rape, and Coercion,” which discusses all the parameters of consensual
and non-consensual sex, there is no mention of the Islamic texts and fatwas that sanction
the rape and murder of Muslim
and non-Muslim women, nor of their slavery, nor of the status of women in
Islam. I guess that is because we mustn’t judge another culture’s faith/ideology,
because that would be evidence of intellectual and moral “imperialism.”
Islam is an ideology tailor-made for macho men, and conforming to it would
require Conly to swelter in a burqa or else suffer rape and coercion. But, as with
most Western “feminists,” she has nothing to say on the subject.
isn’t finished with her Witch Doctor’s rain-dancing. She’s at work on another opus,
this one about something very personal but whose abridgement or loss can’t be
“much of a loss,” either. She’s done your thinking for you.
Right to More Children? …. In One, I argue that opposition to
population regulation is based on a number of mistakes: that the right to have
a family doesn’t entail the right to have as many children as you may want;
that the right to control one’s body is conditional on how much harm you are
doing to others; and that nothing in population regulation entails that those
who break the law can be forced to have abortions, or subject to any sort of
punishment that is horrific. If population growth is sufficiently dangerous, it
is fair for us to impose restrictions on how many children we can give birth
has spoken, and will speak again. Having “too many” children may
“measurably” harm others. Welcome to China, that paragon of fascist
economic and population planning.
most people do not understand is that is it “thinkers” like Conly –
one of a long, long line of wannabe tyrants-by-proxy stretching back to Plato –
who empower, by default, the Attilas in our midst and in our political
establishment. Hitler, Mussolini, Lenin, Stalin, and Hugo Chavez, long before
they were even born, were preceded by generations of intellectuals who paved
the way for their rise to power. Conly doubtless will be a mere footnote to the
history of statism in America.
she deserves slapping down and exposure for what she is: a fantasizing
power-luster. If something evil comes this way, she has helped to open the door
Liberty. 1859 (London: Rowman
& Littlefield., 2005), p. 25.