Tag Archives: Libertarian

Polemics

Should government get out of the marriage business?

2 Comments

Dina sent me three articles by Jennifer Roback Morse, post on The Public Discourse. The articles answer the charge from social liberals and libertarians that we should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that they adults can make poor, emotional decisions and have fun.

Commentary

Economist Walter Williams blames school violence on secularism and moral relativism

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Economist Walter Williams
Economist Walter Williams

My two favorite economists are Walter Williams and Thomas Sowell. Both are conservative or libertarian. Both of them happen to be black. But neither is especially outspoken about religion. But imagine my surprise when I read this CNS News column on gun violence in schools by Walter Williams, who I always thought was the more libertarian of the two.

Look:

When I attended primary and secondary school — during the 1940s and ’50s — one didn’t hear of the kind of shooting mayhem that’s become routine today. Why? It surely wasn’t because of strict firearm laws. My replica of the 1902 Sears mail-order catalog shows 35 pages of firearm advertisements. People just sent in their money, and a firearm was shipped.

Dr. John Lott, author of “More Guns, Less Crime,” reports that until the 1960s, some New York City public high schools had shooting clubs where students competed in citywide shooting contests for university scholarships. They carried their rifles to school on the subways and, upon arrival, turned them over to their homeroom teacher or the gym coach and retrieved their rifles after school for target practice. Virginia’s rural areas had a long tradition of high-school students going hunting in the morning before school and sometimes storing their rifles in the trunks of their cars that were parked on school grounds. Often a youngster’s 12th or 14th birthday present was a shiny new .22-caliber rifle, given to him by his father.

Fathers? Children don’t grow up with fathers any more, 42% of the time. And why not? The feminists told us that men are evil, and that marriage is sexist. And the socialists told us that rewarding single motherhood was a good idea, because it makes women who don’t bother to get married before having sex more equal to those who do bother to get married first. But fatherlessness is a huge factor in criminal behavior, as I showed before.

Dr. Williams continues:

What explains today’s behavior versus yesteryear’s? For well over a half-century, the nation’s liberals and progressives — along with the education establishment, pseudo-intellectuals and the courts — have waged war on traditions, customs and moral values. These people taught their vision, that there are no moral absolutes, to our young people. To them, what’s moral or immoral is a matter of convenience, personal opinion or a consensus.

During the ’50s and ’60s, the education establishment launched its agenda to undermine lessons children learned from their parents and the church with fads such as “values clarification.” So-called sex education classes are simply indoctrination that sought to undermine family and church strictures against premarital sex.
Lessons of abstinence were ridiculed and considered passé and replaced with lessons about condoms, birth control pills and abortions. Further undermining of parental authority came with legal and extralegal measures to assist teenage abortions with neither parental knowledge nor consent.

Customs, traditions, moral values and rules of etiquette, not laws and government regulations, are what make for a civilized society. These behavioral norms — transmitted by example, word of mouth and religious teachings — represent a body of wisdom distilled through ages of experience, trial and error, and looking at what works.

The importance of customs, traditions and moral values as a means of regulating behavior is that people behave themselves even if nobody’s watching. Police and laws can never replace these restraints on personal conduct so as to produce a civilized society. At best, the police and criminal justice system are the last desperate line of defense for a civilized society. The more uncivilized we become the more laws that are needed to regulate behavior.

Many customs, traditions and moral values have been discarded without an appreciation for the role they played in creating a civilized society, and now we’re paying the price. What’s worse is that instead of a return to what worked, people want to replace what worked with what sounds good, such as zero-tolerance policies in which bringing a water pistol, drawing a picture of a pistol, or pointing a finger and shouting “bang-bang” produces a school suspension or arrest.

See, now that’s a smart libertarian. Smart libertarians understand that liberty depends on people being aware of the design of the universe, and the objective moral obligations imposed by that design. If we don’t promote institutions and people that help us to explore the design of the universe, then we are going to have to rely on big government to regulate us instead of regulating ourselves. What we’ve done instead is make impossible to speak about the reality of God and the reality of objective morality in schools, or in any other public place, for that matter. Hearing about God and morality is just too offensive to people who want to put their own selfishness above the moral law.

Similarly, libertarians should not be pushing for promiscuity, abortion and same-sex marriage, either. Intact families are necessary for raising the next generation of citizens to be well-adjusted, law-abiding and productive. Marriages are more stable when the participants are chaste and/or abstinent for a period of time early in the relationship. And children do better when raised by a mother and a father, and less well in other arrangements. Either we feel an obligation to control our own desires and make a plan for marriage success, so that we can provide children with a stable nurturing environment, or the government will have to control the anti-social behavior of fatherless children.

Thomas Sowell has posted a more traditional argument against gun control, in the extremist left-wing UK Guardian, of all places.

Polemics

Should government get out of the marriage business?

2 Comments

Dina sent me three articles by Jennifer Roback Morse, post on The Public Discourse. The articles answer the charge from social liberals and libertarians that we should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that they adults can make poor, emotional decisions and have fun.