A trolley problem

I’ve generally been dubious about trolley problems and similar thought experiments in ethics. However, it’s just occurred to me that an idea I’ve tried to express in the economistic terms of opportunity cost, without convincing anybody, might be more persuasive as a trolley problem. So, let’s start with the standard problem where the train is about to kill ten people, but can be diverted onto a side track where it will kill only one.

In my version, however, there is a second train, loaded with vital medical supplies, which is about to crash. The loss of the supplies will lead to hundreds of deaths. You can prevent the crash, and save the supplies, by diverting the train to an alternative route (not killing anybody), but you don’t have time to deal with both trains. Do you divert the first train, the second train, or neither?

Hopefully, most respondents will choose the second train.

Now suppose that the first train has been hijacked by an evil gangster and his henchmen, who will be killed if you divert it, but will otherwise get away with the crime. As well as the gangsters, the single innocent person will die, but the ten people the gangster was going to kill will live.

The impending crash of the second train isn’t caused by anybody in particular. The region it serves is poor and no one paid for track maintenance. If the train doesn’t get through, hundreds of sick people will die, as sick poor people always have, and nobody much will notice.

Does that change your decision?

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Locke + Nozick = Locke

In the discussion of my threepart critique of Locke, I mentioned my view that Rothbard and Nozick added nothing of value, and promised to expand on this when I got some time. I discussed Rothbard here, and have finally got around to Nozick.

Someone (I think Jerry Cohen) remarked that Nozick was be taken very seriously by Marxists and not nearly as much by social democrats and (US) liberals. Obviously, my reaction (that of a social democrat) illustrates this. The reason for this divergence is obvious enough. If you would like to derive property rights from a notion of self-ownership (and the Marxist concept of exploitation is close to this), Nozick provides a reductio ad absurdam. So, a critique like Cohen’s is essential.

OTOH, if you start from the ground that property rights are social structures, and that their justice or otherwise is inseparable from that of the society in which they operate, Nozick is of no real interest. All the important errors in his work were already made by Locke. However, I’ll point out some new ones.

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Homesteading

In my final post on Locke’s theory of appropriation/expropriation, a while back, I mentioned that his latter-day successors, Nozick and Rothbard didn’t offer any improvement. I said at the time I would spell this out a bit more. I’ll start with Rothbard who is more politically relevant, and also, in my opinion, more interesting. As an example, at least during his 1960s flirtation with the radical left, and at the time he developed the theory of ‘homesteading’, he favored reparations for slavery.

The core of Rothbard’s position is that appropriation of property justifies ownership even without the Lockean proviso that ‘enough and as good’ is left over for others. Rothbard doesn’t, as far as I can see, go far beyond presenting this as a self-evident truth, and in any case, I don’t propose to argue about in detail. Rather, I want to look at Rothbard’s choice of the term ‘homesteading’ to describe this process. This choice of term is self-refuting in two ways, one that applies to any historical process of appropriation/expropriation and the other specific to the US.

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Against Locke, Part 3

The third and final instalment of my critique of Locke’s theory of appropriation/expropriation is up at Jacobin. I turn my attention from Locke to Jefferson, Locke’s most important follower, in practice as well as theory. By opening the Louisiana purchase for agricultural settlement, Jefferson put to the test Locke’s theory of appropriation to a practical test. In particular, the vastness of the land, compared with the modest requirements of the ideal Jeffersonian farm family seemed to support Jefferson’s prediction that the new land would be enough to last a thousand generations. But of course the opposite was true: in less than one generation, the United States had overspilled the boundaries of Jefferson’s purchase and was embroiled in a civil war that started with battles over the newly opened land. To restate the conclusion of the previous instalments, Locke’s theory was designed to justify expropriation and enslavement. Neither Locke nor epigones such as Nozick and Rothbard can provide a coherent theory of just appropriation of property.

Locke’s Road to Serfdom

The second instalment[^1] of my critique of Locke’s propertarian liberalism is up at Jacobin. I’m looking at an obvious (but, AFAICT, rarely asked) question about Locke’s theory: if land is acquired through agricultural labor, how is it that agricultural laborers have mostly been landless? The answer is simple: thanks to slavery and serfdom, it’s the owners of the laborers who acquire the property. To quote Locke

the grass my horse has bit; the turfs my servant has cut … become my property

Locke’s political practice in the Americas was consistent with his theory. In his Constitution of the Carolinas, he suggested the creation of “leetmen” — a hereditary class of landless laborers, tied to specific areas, and bound to work for aristocratic landowners. As I observe (the point isn’t original)

Locke didn’t really need a new word for this institution. The founding figure of classical liberalism was proposing, literally rather than metaphorically, a Road to Serfdom.

[^1]: I’ve done with Locke, but I’m planning a third instalment on Jefferson, his most important successor.

Locke and the Declaration (crosspost from Crooked Timber)

I didn’t take part in the book event on Danielle Allen Our Declaration, except as a commenter. But, as it happened, I converged on some of the central questions by a different route. For some time now, I’ve been writing critically about John Locke and his propertarian theory of liberalism. Increasingly, I’ve come to the view that Locke is best seen as an American rather than an English political theorist, even though he was an absentee owner rather than an American resident.

Further, while his writings appear liberal if interpreted in the English context, and if attention is focused on the passages where he is seeking to diminish the power of the English monarchy, his crucial contributions to the theory of propertarian liberalism are his justifications of expropriation and enslavement in the American context. The combination of the two made him the ideal theorist for those who wanted a Declaration of Independence that justified rebellion against the British monarchy, in combination with rule by a slave-owning aristocracy in the newly independent country.

James Wilson’s contribution to the Daniel Ellen seminar, The Declaration of Independence isn’t egalitarian enough explores many of the issues, as does Gabriel Winant.

I’ve made a start to spelling out the arguments in a piece for Jacobin magazine, entitled John Locke Against Freedom, which has given rise to some interesting discussions on Facebook, Twitter etc. Chris Bertram has raised some effective criticisms, and hopefully will spell them out in more detail later on. A couple of notable points, with partial responses

* I’ve overstated the extent to which Locke’s influence was confined to the American context, although it remains clear that his political theory mattered more in that context than in England

* Even if Locke himself advocated and benefited from expropriation and slavery, it’s not obvious (as I assert) that his theory of classical liberalism necessarily entails these things. I plan to spell out the argument in more detail soon.