Defending Liberty: Essays in Honor of David Gordon

Index

Compiled by Roger E. Bissell

agent neutrality, 79n49, 79n50. See also equinormativity; universality

agent relativity, 72, 76, 79n49

alcohol

abuse, 4, 26

deaths, 36

prohibition, 133

use as impediment to consent, 203

use as increasing likelihood of violent behavior, 133

American Founding Fathers, 83

Analytical Marxism, 159–61. See also Cohen, G. A.; Elster, Jon; Rawls, John; Roemer, John

as methodological individualist, not ontological individualist, 180n96

as primarily focused on normative considerations, 155

basic premises of, 159

critiques of, 160–1

anarchism. See also under libertarianism

as reductio ad absurdum for rights theory, 188

individualist anarchism, 49, 187

libertarian anarchism, 194

logical necessity of, 188

market anarchism, 58–61

methodological anarchism, 57

philosophical anarchism, 40, 45n15,

political anarchism, 57

Anderson, Benjamin, 19

Aristotle, 7, 12, 27, 68, 86–87, 90, 173

conflation of polis qua community with polis qua state, 67

Neo-Aristotelian, 75n38, 79n50, 85

Austrian School, 8n22, 35, 230, 235

Ayer, A. J., 100n9

Bastiat, Frédéric, 7, 7n18, 237

Berlin, Isaiah, 75–76n40

Bhattacharya, Jayanta, 24

Bhopal, Ray, 22–24

Blackburn, Simon, 95

Bornedal, Ole, 113

Butler, Judith, 162–3

Calvin, John, 99

Centers for Disease Control, 4n9, 150

classical liberalism, 156, 166, 168, 170, 177, 180, 183, 185. See also libertarianism

as methodological and ontological individualist, 180, 180n96

vs. post-Marxist populism, 180–2

classical (orthodox, traditional) Marxism, 155–9, 161, 165–8, 176, 178–80, 182. See also Marx, Karl

as methodological collectivist, 159

as methodological holist, 180

as primarily focused on strict defense of Marxist economics

basic premises of, 156

Codevilla, Angelo, 5n11, 32

coercion. See also under epidemic

by the state, government, 40, 47–48, 68n18, 124, 128–34, 134n12, 136–38, 140, 145, 147, 177, 182, 188–90, 192, 194–5

coercive monopoly for enforcing rights, natural duties, 40, 59–60

compulsory isolation as sometimes justified, 131–6

contact-tracing and compulsory testing as sometimes justified, 136–7

criterion for deciding whether coercive intervention is morally justified, 147–8

in a state of nature, stateless society, 41, 47, 57, 61 (see also anarchism)

limits on crowd size, bans on large gatherings, school closings as justified, 139–42

lockdowns, closing “non-essential” services, jobs, travel, 148–51

mandated mask-wearing as justified, 139

mandated social distancing as justified, 139

Cohen, G. A., 160, 168n53

common good, 71, 75

consent policies. See sexual consent policies. See also under violation

consent theory. See also under Locke, John

ontological views of consent, 201, 201n3

consequentialism, consequentialist, 12, 89–90

constitution, 9 fig., 25 fig., 58. See also under freedom; rights

constitutional rights restriction, 207–8

constraints, 58

limitations, 182

principles, 96

rights not absolute, 208

US Constitution, 65, 83

Covid-19 (aka SARS-CoV-2), 1–2, 4n9, 5, 7, 15–16, 17 fig., 18, 21–24, 27, 31–34, 126, 130–1, 134, 138n16, 148–53, 154n34

Craig, Andy, 34

crime, 134n12, 136, 196, 203n9, 204n10, 222n44, 224–5. See also violence

crisis, 2, 6–7, 13, 20–21, 30. See also disaster; emergency

Cultural Studies, 163. See also Post-Marxism

defense, 31, 34–35, 126–7, 133

against dangerous diseases, 135–6, 141–6

against harm, 24, 27, 33, 35–36, 44, 52, 55, 128, 130–1, 133–7, 142–4, 146, 149–50, 191, 193, 203, 209, 213, 224

against risk, 132–4, 137–8, 143–51, 191–2, 196, 210n20, 212–3, 216

against threat, 30–31, 43, 47, 53, 55–57, 60–62, 66, 70, 72–73, 128, 132, 134, 134n13, 137, 140, 148

against violence, violation, 31, 34–35, 126–7, 133

of justice, 57, 62, 78, 87–88

of laissez-faire, capitalism, free exchange, 6, 12, 156

of liberty, 2, 6, 27, 37, 132

of rights, 2, 30–31, 34–35, 70, 126–7, 141–6

Den Uyl, Douglas J., 6, 12, 25, 29–30, 30n90, 30n92, 35, 69n19, 79n49, 170n60

deontology, deontological, deontic, 55, 90

de Tocqueville, Alexis, 100n6

dialectic(s), 6–7, 162, 176

dialectical libertarianism. See under libertarianism

dialectical materialism. See under Marxism

Dialectics and Liberty Trilogy, 10

disaster, 2, 125–6. See also crisis, emergency

Disney Company, 4

drug

abuse, 4, 26

overdose deaths, 36

economic determinism. See under Marxism

economics. See also under ethics

as dealing with cooperative action as such, 252

as meta-ethics of cooperation, 252

as value-free, but value-relevant, 228–9, 251

negative relevance to ethics, 231–40

positive relevance to ethics, 240–5

Elster, Jon, 160

emergency, 31, 35, 37, 125–6, 181. See also crisis; disaster

emergency powers, 24

epidemic, 2, 14–15, 17, 21–22, 33, 123, 123n1, 124–6, 128–9, 134–5, 135n15, 138, 142, 147–8, 151–4, 154n34. See also pandemic

coercive non-pharmaceutical interventions (CNPIs), 124, 127–9, 131, 136–40, 144, 146–7, 153 (see also under coercion)

non-pharmaceutical interventions (NPIs), 123–4

pharmaceutical interventions (PIs), 123

Epstein, Richard, 141

equinormativity, 73, 79, 79n50, 80, 92. See also agent-neutrality; universality ethics

as dealing with a specific subset of cooperative endeavors, 252

as value-laden, but fact-relevant, 229, 251

business ethics as straddling economics and ethics, 227

economics and ethics, 11, 227–52

ethical ideals as unavoidable by political philosophy, 66

ethical norms, 35, 73–74, 76–78, 79n50, 80, 92–93, 170

ethical pluralism, 64n3

ethics of emergencies, 35, 125 (see also politics: politics of emergencies)

eudaimonist ethics, 36, 80

harm vs. wrong, 142, 146

individualist ethics, 79n50, 80

individualistic perfectionism, 72, 79n50

negative relevance to economics, 248–51

normative ethics, 71, 79n50, 80, 90–92

positive relevance to economics, 246–8

utilitarian ethical theory, 79n50

false alternatives, false dichotomies, 10–11, 25, 34, 97. See also natural complementarities

as variants of mind-body dichotomy, 10

big government vs. small government, 34

decency, caring vs. prosperity, freedom, property, 11, 25

ethical vs. economic point of view, 11

idealism vs. realism, 90–93

intrinsicism vs. subjectivism, 105–9

moral vs. practical, morality vs. prudence, 10–11

Farr, William, 17

Fauci, Dr. Anthony, 16, 21, 32–33

Feyerabend, Paul, 116–7n31

First Amendment, 207–8

Flauhault, Antoine, 18

flourishing. See human flourishing

Foucault, Michel, 102n13

Frankfurt School. See under Marxism freedom, 25, 28, 35, 38, 42–43, 45–48, 52, 55, 60, 71, 124, 128, 140–1, 159–60, 169, 174, 180, 208, 223, 228. See also under defense; violation economic, free exchange, 37, 156, 159, 177, 180

external, 46–48

of speech, 207–9

sexual, 226

Freeman, Samuel, 48n22

Freud, Sigmund, 100n6, 175

Friedman, David, 49

Fromm, Erich, 159

Galson, William A., 64

Gaus, Gerald, 50n29, 66, 83–90

Geuss, Raymond, 63

Gibson, Eric, 114n29

Gordon, David, 37, 54, 160–1, 187–8, 191–2, 194–7

government, 2–4, 10n28, 14, 16, 20, 22, 30–31, 35, 37, 40, 71, 148–9, 151–3, 154n34, 168–9, 180–1, 183–4, 188, 208. See also the state

properly limited government, 2, 14, 19, 21, 29–30, 34, 36, 156, 183. See also classical liberalism; libertarianism; minimal state

Gramsci, Antonio, 164–5, 177

Grant, James, 19–20

Hall, Edward, 64n3, 80

Hamlyn, D. W., 114

Hampshire, Stuart, 81

Hanson, N. R., 101n11

Harding, Warren (pres.), 19–20

Hardt, Tony, 163

Hart, H. L. A., 142

Hayek, F. A., 158, 168, 181–2

Hayekian, 175n78

Hazlitt, Henry, 7n18, 11, 25, 35

healthcare, 3, 23, 26, 31, 212n22

hegemony. See under Post-Marxism Henry, Patrick, 37

Heraclitus, 101n10

Hippocratic Oath, 19, 24, 36, 123

Hohfeld, Wesley Newcomb, 43

Honigsbaum, Mark, 14–15

Hoover, Herbert, 16, 19–20

Horwitz, Steve, 111

human flourishing, 67–70, 70n22, 71–78, 78n47, 90. See also self-perfection

human good, 72, 74–75, 75–76n40, 90. See also common good

Hume, David, 100n7, 101n12

impersonalism, 79n49. See also agent neutrality, agent relativity

individualism, individualistic, 139–41. See also human flourishing, methodological individualism, ontological individualism. See also under anarchism

individualistic justification, 139

individualistic perfectionism, 72, 79n50

individual liberty. See liberty individual rights. See rights

Institute for Global Health, 18

integrated political diversity, problem of, 90, 92. See also liberalism’s problem

intersubjectivity, 44–45, 111, 120, 231–2, 235, 245, 252

intrinsicism, 97, 105–9, 113, 134, 188

intrinsic reality, intrinsically in reality, 107, 116n31

invisible hand theory of the state. See under Nozick, Robert

Joseph, H. W. B., 13

Jubb, Robert, 66, 90–92

Kant, Immanuel, 39, 41, 45–46, 48–49, 53, 53n33, 53n34, 55, 55n38, 56–57, 59n42, 61–62, 70n22, 77n44, 99n4, 110n21, 127

Kantian ethical theory, 79n50

Kantian natural duty theory, 40–41, 45–48

Neo-Kantian, 110

Kazin, Michael, 175

Kierkegaard, Søren, 99

Kingdom of God, 61

Kohlberg, Lawrence, 245

Kolakowski, Leszek, 156

Kuhn, Thomas, 102n14

Laclau, Ernesto, 164–80, 182–4

and discourse theory, 169–71

and social antagonism, 172–4, 176–80

and populist leadership, 174–6

laissez faire, 5–6, 11, 15, 19, 21, 24, 27. See also under freedom; defense

law of diminishing marginal utility, 241–4

law of unintended consequences, 3

legitimacy of use of force, 62, 132–3, 134n12, 144, 189

legitimacy of state, government, 40–41, 45–46, 48, 59, 61–62, 66, 68, 72–74, 79n50, 80, 92–93, 182, 188, 190. See also political legitimacy

liberal democracy, 156, 166, 183

incompatible with Post-Marxism, 163, 166, 180, 183–5

limited version. See classical liberalism

unlimited version. See welfarist liberalism

liberalism, 60, 67n12, 76n40, 93, 96, 164, 181–2, 185. See also classical liberalism; welfarist liberalism.

and inter-subjectivity, 120–1

and nihilism, 99

and objective vs. subjective vs. intrinsic, 104–9

and objectivity, 97, 110–20

as merely subjective, 98–103

liberalism’s problem, 67, 67n12, 68–76, 78–80, 82, 89. See also integrated political diversity (problem of)

libertarianism, libertarian, 6, 34, 36, 38–39, 40, 48, 66, 161n23, 187. See also classical liberalism; minimal state

libertarian anarchism/anarchist libertarian, 39, 188, 194

and Hobbesian fear, 192, 194

dialectical libertarianism, 6

liberty, 30. See also under defense

Locke, John, 39–46, 48–49, 61, 67n12, 73, 189

Lockean consent theory, 41–45

Mack, Eric, 142–3, 143n22, 144, 146

Marchart, Oliver, 163

Marx, Karl, 8n22, 156–7, 179

Marxism, 66, 155–6, 158, 161, 165, 167–8, 170–1, 176, 178–80, 183–5. See Analytical Marxism; classical Marxism; Neo-Marxism; Post-Marxism

economic determinism, 156

four main theoretical perspectives of, 155

Frankfurt School, 158 (see also Neo-Marxism)

strict political control or elimination of capitalism as main ideal, 155

dialectical, Marxist materialism, 167

philosophical materialism, 156–8, 162

Maslow, Abraham, 244–5

Medlin, Brian, 102n15

metanorm, 67n13, 78–80

meta-normative vs. normative as political vs. ethical, 170

metaphysical-epistemological positions in history of philosophy, 106. See also objectivity; intrinsicism; subjectivism

metaphysical realism, 66, 66n10, 78, 85, 94, 94n69, 109n20

as basis for realistic idealism in normative ethics and political philosophy, 80

as context for rejecting political realist-idealist dichotomy, 66

importance for ethics and political philosophy, 94n69

methodological collectivism, 158–9, 171. See also Neo-Marxism

methodological holism, 180. See also classical Marxism; Post-Marxism

methodological individualism, 180, 180n6. See also classical liberalism; Analytical Marxism

Mill, John Stuart, 28, 70n22

Milton, Ohmer, 112

minimal state, 39, 50–51, 187–8, 192, 194, 194n12, 195, 197. See also classical liberalism; libertarianism

Montague, W. P., 109n20

Mouffe, Chantal, 164–5

naïve realism, 120

natural complementarities. See also false alternatives

between utility and goodness, 251

between political realism and political idealism, 65

between prosperity and virtue, 251

between subjective satisfaction and objective flourishing, 251

natural duty theory. See under Kant, Immanuel

Negri, Antonio, 163

Neo-Marxism, 158, 165, 176–7, 180

as methodological collectivist, 158

as primarily focused on cultural analysis, 155

basic premises of, 158

Newsom, Gavin, 4

New York Board of Health, 148

Nietzsche, Friedrich, 102n12, 107

nonconsequential, 28–29

Nozick, Robert, 132–3, 133n12, 138, 142–3, 143–4n22, 144–5, 147n25, 161, 161n23, 179, 187–94, 196–7

Gordon’s objection to Skoble’s interpretation of Nozick’s minimal state argument, 191–3

Market anarchist objections to Nozick’s minimal state argument, 58–61

Nozick’s invisible hand argument for minimal state synthesizing Locke and Kant, 40–41, 48–57, 61–62

Nozick’s argument for minimal state not defeating anarchist objections, 194–7

Skoble’s interpretation of Nozick’s argument for minimal state, 188–91, 193–4

Oakeshott, Michael, 69n19

objective ends, 75n40

objective “wholes,” 158

objectivity, 74, 96–98, 100–16, 116n31, 117–21, 229, 232n10, 243–5, 245n32. See also under social cooperation abandonment leads to brutality and is incompatible with civil society, 97

interfered with by fallacy of False Alternative (overlooked option), 97, 105–9

interfered with by fallacy of Implicit Denial (hidden false assumption), 97, 105–6, 109–17

needed because cognition not automatic, 97

Ollman, Bertell, 8n22

ontological individualism, 180, 180n96. See also classical liberalism

orthodox Marxism. See classical Marxism

pandemic, 1–6, 14–16, 18n56, 19, 21–22, 26–27, 34, 38, 123n1, 130, 152. See also epidemic

Pascal, Blaise, 101n12

Payne, Daniel, 33

People’s Republic of China, 2, 152, 154

philosophical materialism. See under Marxism

Pineau, Lois, 217–8

Plato, 72, 99n6, 106

pluralism, plurality, 67, 69, 75–76n40, 88, 172, 175, 181, 183, 185

political idealism, 64–67, 80, 84, 92. See also Rawls, John

not limited to ideals of justice, 93

often views ethical norms as of one type or having same function, 73 (see also equinormativity)

political legitimacy, 40–41, 46, 61, 72, 92, 182, 188. See also legitimacy of state, government

political philosophy, 39–40, 64, 64n3, 65, 65n6, 68, 76n40, 80, 83–84, 93, 156

fundamentality of rights, 28

improved political reasoning requires more universal principles, 74

integrated political diversity, reconciling competing views of human flourishing, as central, basic problem, 66, 68, 90, 91n64 (see also liberalism’s problem)

irreducible to applied normative ethics, 68, 71, 90–91

not just about justice, 93

not requiring rejection of ethical ideals, 66

radically deficient without metaphysical realism, 94

political realism, 64, 64n3, 65, 67, 71, 81, 84, 90–92. See also Williams, Bernard

defined by six guidelines, 91

does not preclude political idealism, 92

does not rule out ethical solution to liberalism’s problem 92

politics, 35, 68, 81–82, 91, 162–5, 167–9, 171n61, 172–3

as a unity in diversity according to a guiding principle of social interaction, 82

essence is reconciliation not conflict, 66, 69, 75, 81–83, 90

ideals and principles together are necessary for both acquiescence and affirmation, 83

politics of emergencies, 35 (see also ethics: ethics of emergencies)

“virtue politics,” 93 (see also under political idealism)

with only ideals, conflict replaces acquiescence, 83

with only principles, pragmatism replaces affirmation, 83

Popper, Karl, 101n11, 161–2n26

populism. See under Post-Marxism

Post-Marxism, 155, 161–6, 168–9, 171, 175, 179–80, 182–5. See also Butler, Judith; Gramsci, Antonio; Hardt, Tony; Laclau, Ernesto; Marchart, Oliver; Mouffe, Chantal; Negri, Antonio; Rancière, Jacques

as hegemonic, 164–7, 174, 177, 180–3

as methodological collectivist, 171

as methodological holist, 180

as populist, 166–76, 180–2

as primarily focused on political construction of social antagonism, 155

incompatible with liberal democracy, 163, 166, 180, 183–5

macro-political Post-Marxism vs. micro-political resistance, 163–4

rejecting economic essentialism and historical determinism, 165

replacing argumentative logic with terminology, 161

viewing liberal contractualism as a fiction reducing politics to the State, 163

practical wisdom, 72, 74, 74n36, 76n40, 81, 90

Rancière, Jacques, 163–4

Rand, Ayn, 8n22, 9–10, 10n27, 11–13, 27–28, 35, 38, 71, 125–6

Rasmussen, Douglas B., 6–7, 25, 29 30, 30n90, 30n92, 35, 120, 170n60

Rawls, John, 64, 64n3, 65n6, 78–79, 83, 85–86, 159–60

realism. See metaphysical realism; naïve realism; political realism

redistributive welfare-state liberalism. See welfarist liberalism

rights. See also under defense, violation

as condition-setting not condition-seeking norms, 78

as regulating not guiding human conduct, 69

natural right to life and liberty vs. natural right to private property, 26

prohibit-but-compensate as middle

ground between permitting and simply prohibiting, 143–5

protection by property rule (permission) vs. liability rule (compensation), 141–3, 143–4n22, 144–7, 147n25, 148–9, 151, 191

right of self-defense, 132, 188

right to liberty, 26, 30

right to life, 26, 126–7

right to property, 26, 46–47, 126, 128, 131, 153, 184

universal applicability of, 170–1

risk. See under defense

Robinson Crusoe, 248

Roemer, John, 160–1

Roosevelt, Franklin D., 16, 37

Rothbard, Murray, 14, 16, 21, 49, 133–4, 134n13

Russell, Thaddeus, 113

Sachs, Jeffrey, 115

Scheare, Gabriel, 111

Schmitt, Carl, 82

Schumpeter, Joseph, 103n16

Sciabarra, Chris Matthew, 6–8, 8n22, 8n23, 9n24, 9n25, 10–12, 35

self-direction, 30, 30n90, 67–70, 70n22, 70n25, 75–77, 79, 180n96

required by human flourishing 67

protected by liberty, rights, limited government, 30

self-perfection, 72–74, 78. See also human flourishing

sexual consent policies. See also consent theory: ontological views. See also under violation

advantages of affirmative consent policy, 203–16, 217–22

advantages of lack of dissent policy, 216–7, 221–2, 224, 226

affirmative consent as voluntary, conscious, unambiguous, and ongoing, 200

lack of dissent claimed unfair and burdensome for victims and insufficient for valid consent, 199

problems with affirmative consent, 200, 203–23, 225

valid consent as moral justification of sexual behavior, 199

Simmons, John, 40, 45n15

skepticism, skeptical, 96, 98, 104, 117–8, 120–1

Skoble, Aeon, 192, 194, 196

Smith, Adam, 103n16, 237

social cooperation, 192, 232, 232n10, 240, 244–5, 245n32, 248, 250–1

as semi-objective, 232, 243, 245n32

solipsism, 120

Solomon, John, 33

South Korea, 152–3, 153–4n34

Spooner, Lysander, 49

state, the, 37, 39, 45, 45n15, 47–49, 55n38, 57n39, 59, 61–62, 99n6, 129, 131, 133–4, 163, 182, 188–90, 192, 195–6, 218. See also minimal state

emergence through just processes without consent, 40

legitimization by synthesis of Lockean consent and Kantian natural duty, 40

statecraft as not soulcraft but securing liberty for humans to develop their own souls, 71

state of nature, the, 41, 44, 48

St. Augustine, 98

Stevenson, C. L., 100n8

subjective criterion of valid consent, 201. See also sexual consent policies

subjectivism, 97–103, 103n16, 104–9, 110n21, 112–14, 116, 116n31, 120–21, 231–2, 241, 243–5, 251. See also intersubjectivity

suicide, 4, 26, 36

Sunstein, Cass, 102n13

Sun Tzu, 155, 185, 185n111

super-spreader, 32–33. See also epidemic; pandemic

Supreme Court, 208

Sweden, 5n9, 16, 18, 18n14, 21

Taiwan, 152–3

Tannehill, Morris and Linda, 49

Thompson, Derek, 1, 34

threat. See under defense

transpersonalism, 79n49. See also agent relativity

Tri-Level Model of Social Relations, 8, 8n22

Tucker, Benjamin R., 49

Tucker, Jeffrey A., 15–16, 18n56

Typhoid Mary (Mary Mallon), 32–33, 131–2, 136

unemployment, 2–4, 4 fig., 21, 146, 149n28, 157, 177

United Nations Conference on Trade and Development, 3n3

universal, 74–78, 98, 100n9, 102–3, 120. See also human flourishing

vs. universalist, 170–1, 170n60

vs. being universalizable, 75n37

universal income, 160

universality, universalism, 67, 79n50, 98, 103, 121. See also agent neutrality; equinormativity

utilitarianism, utilitarian, 27–29, 36, 53, 55, 131, 140, 234, 240

Van Parijs, Philip, 160

violation

of consent policies, 205, 207, 209

of freedom, 42, 47, 223

of rights, 35, 39, 44, 49, 51–53, 53n34, 54, 56–57, 60, 126–8, 132, 134n12, 135, 139–40, 142, 144n22, 147, 188–90, 192–3, 208

violence, 4, 5, 51, 81–82, 172n66, 184, 189, 195–7. See also crime. See also under defense

von Mises, Ludwig, 168, 182, 227

welfarist liberalism, 166, 188

White, Hayden, 113

Whitmer, Christine, 4

Williams, Bernard, 64, 64n3

Williamson, Oliver, 8n22

Wilson, Woodrow, 20

Wittgenstein, Ludwig, 100n9

Wood, Connor, 112

Woods, Thomas E., Jr., 19, 22

Young, Cathy, 204n10