Archive | Libertarianism

More on Libertarianism and Antidiscrimination Laws

Sheldon Richman responds to my Cato Unbound essay here, criticizing my position as being insufficiently libertarian, although he otherwise shares many of my underlying premises. And Jason Kuznicki responds to my essay here, supporting Title II from a Hayekian perspective, while, unlike me, expressing no noticeable qualms about the vast expansion of the antidiscrimination edifice […]

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Essay on Libertarianism and Antidiscrimination Law

I’ve written an essay for Cato Unbound, which the editors have titled “Context Matters: A Better Libertarian Approach to Antidiscrimination Law.” Over the next few days, Sheldon Richman of the Foundation for Economic Education, Jason Kuznicki of Cato, and Jeff Miron of Harvard will write comments, and then we’ll have some back and forth. Should […]

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Some Strange Consequences of Public Accommodations Laws

All the discussion of Title II of the 1964 Civil Rights Act has obscured the fact that public accommodations laws, especially at the state and local level, have expanded way, way, beyond their original purpose of ensuring that previously excluded minorities are served in restaurants, hotels, and the like. This has happened more via aggressive […]

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Public Opinion, Anti-Discrimination Law, and the Civil Rights Act of 1964

One of the most common rationales for anti-discrimination law is that it is needed to protect unpopular minority groups against exclusion from jobs and other opportunities. This conventional wisdom has a significant weakness: If the group in question really is unpopular with the majority, a democratic government is highly unlikely to enact antidiscrimination laws protecting […]

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“Activist Government” and the Rights of Minorities

I want to analyze two positions that I’ve seen liberals take on the role of government in promoting civil rights and antidiscrimination norms. One position is as follows: We liberals believe in government activism to solve important social problems, and the 1964 Civil Rights Act was an important example of where this philosophy had extremely […]

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The “Racist” Charge

One thing that’s been especially appalling about the Rand Paul controversy is how quick many liberal commentators (including people who frequent the comments section on this blog), have been to accuse not just Paul of racism, but also anyone who takes the libertarian position on antidiscrimination laws, i.e.., that the government itself may not discriminate, […]

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Libertarianism, Federalism, and Racism

The firestorm kicked off by Rand Paul’s remarks has again rekindled the debate about the relationship between libertarianism, federalism, and efforts to combat racial discrimination. There is nothing unlibertarian about supporting federal efforts to combat racial discrimination by state governments. At the same time, however, libertarians (and others) should not assume that unconstrained federal power […]

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Ideology and Economic Ignorance

Co-blogger Todd Zywicki links an interesting article by Zeljka Buturovic and Dan Klein showing that certain forms of economic ignorance are more common among self-described “progressives” and “liberals.” These findings are very valuable. But they are subject to several caveats. First, as Buturovic and Klein themselves point out, the Zogby survey they relied didn’t ask […]

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Timothy McVeigh Was No Libertarian: The Fallacy of Conflating Two Very Different Types of “Anti-Government” Movements

Some commentators are associating the Oklahoma City bombings of 15 years ago and other far right violence with the rise of “anti-government” sentiment in opposition to the Obama health care bill and other recent expansions of federal spending and regulation. Former President Clinton’s recent New York Times op ed is a good example of this […]

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Richard Thaler Responds to Critics of Libertarian Paternalism

Economist Richard Thaler, a leading advocate of libertarian paternalism, has briefly responded to some of the points I made in my most recent post on that subject. In that post, I argue that advocates of libertarian paternalism implicitly rely on the assumption that regulators and voters are rational, while consumers and other private sector actors […]

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The Double Standard of Libertarian Paternalism

Cato Unbound has an excellent symposium on “libertarian paternalism,” the theory that argues that government should intervene to protect people against cognitive biases that lead them to make decisions that ultimately reduce their ability to achieve their own objectives. Advocates of libertarian paternalism argue that their approach is different from and superior to traditional paternalism, […]

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