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The Mont Pelerin Society A SPECIAL MEETING THE MONT PELERIN SOCIETY JANUARY 15–17, 2020 FROM THE PAST TO THE FUTURE: IDEAS AND ACTIONS FOR A FREE SOCIETY CHAPTER THIRTY-NINE LIBERTARIANISM IS DYSFUNCTIONAL, BUT LIBERTY IS GREAT JOE LONSDALE HOOVER INSTITUTION • STANFORD UNIVERSITY 1 1 JANUARY 2019 1 2 American libertarianism has become a useless, will devise beautiful new ways to enrich the lives purely performative sort of politics. Many of others. libertarians I know seem blinded to the fact that Too few people today understand why the word the American social contract has fundamentally "LIBERTY" is inscribed on our coinage and our changed in character. At least since the New Deal, identity as a nation. Though some mock liberty as the political reality is that government an outdated or abstract concept, it is as central to involvement in our lives has increased in the health of our civilization as ever before. irreversible ways. But while libertarianism has become a form of unhelpful critique, liberty But liberty is not enough. And I no longer call remains as vital as ever before. If we want to fix myself a libertarian. the most broken areas of our society, such as criminal justice, education, and healthcare, we ——— must embrace policy solutions that mirror the The philosophy of liberty is ultimately a competition of ideas that defines a free society. philosophy of restraint. It explains what This means transparency and accountability. government shouldn't or can't do. In libertarian Wherever government is involved, we need theories such as Robert Nozick’s, most of the systems that allow governing ideas to compete. functions of modern government vanish in favor Our rules need clear metrics, decision-makers of a “night watchman state” so minimal that one need the freedom to experiment, and we must would be hard pressed to find a single real reward their successes and quickly eliminate example in human history. failures. In today's complex world, most Americans agree The philosophy of liberty as generally understood that the government will play a critical role in our by America's founding generation — including all economy, for example in education, healthcare it implies about speech, property, and other entitlements, and the provision of a social safety natural rights — should always be a vital part of net. Despite this basic reality, there are hundreds the American identity. Libertarians of every age of thousands of smart libertarians on the sidelines have understood that the wisest political orders griping at their TV screens about government must safeguard basic freedoms. dysfunction. Too many libertarians are shouting ——— "no" instead of trying to help improve our society. Liberty forces us to take personal responsibility These “get off my lawn” libertarians convulsively for our decisions in the knowledge that each of us reject any form of state activity. You see them in is the author of our own life. It is the foundation Congress, where Tea Party and Freedom Caucus of our moral culture. Liberty is also the basic Republicans grandstand and obstruct policy rather condition for aesthetic and cultural progress. than fix our government. You probably even “Experiments in living” produce the brilliant know one or two people who are so blinded by variety of human ingenuity and expression on their laissez-faire ideology that they can’t display in the free world. Finally, liberty allows recognize good policy when it’s staring them in people to innovate and compete to deliver the face. Let’s go over a quick example to teach superior goods and services, which creates them the value of positive policymaking. prosperity. If entrepreneurs are free to fail or to succeed in the marketplace of ideas, and entitled to the fruits of their labor, talented individuals 1 3 3 Until about 50 years ago, many of our fellow patients healthy instead of shackling patients to citizens were still dying because dialysis grim dialysis clinics. Imagine if Medicare paid for machines were scarce and unaffordable. As a diagnostic screenings well in advance of kidney society, we decided that nobody should die of failure, and reimbursed providers for keeping preventable kidney failure, and we decided to pay early-stage patients from sliding into end-stage for it. In 1972 President Nixon and a bipartisan renal disease. We would immediately unleash Congress amended the Social Security Act to say innovations in preventive medicine that would that government would cover dialysis as a remedy save billions of dollars and keep hundreds of to end-stage renal disease for any American who thousands of people from passing the point of no needed it. return! 1 The knee-jerk reaction from the libertarian right is Unfortunately, the hardened, dogmatic form of that government shouldn’t be involved in libertarianism that one often encounters in healthcare at all. Your libertarian friend might America today adds little to our political interject: “In a wealthier society charity would discourse. But an optimistic creed which draws on pick up all these costs more efficiently.” But let’s the lessons of liberty can improve American be realistic: our country will never get rid of our government in powerful ways and tackle major system of state-sponsored healthcare. Even were problems in our country. such a thing possible, many might die in the ——— transition period. The political reality in the US today is that we must continue paying for end-of- In a society governed by the rule of law, life kidney care for those who can’t afford it. individual freedom typically finds expression in a Anything else is disgraceful. market setting where entrepreneurs peacefully compete to produce superior goods for others. A The better question is: why does dialysis cost free market is a kind of “spontaneous order” taxpayers well over $35 billion annually, or a full which channels our acquisitive drives and 7% of the Medicare budget? The answer is that instincts for glory towards service. As Albert the federal government is willing to sponsor Hirschman argued, free markets transform the sin lifesaving care for people experiencing severe of avarice into a civilizing virtue. Wouldn’t it be kidney failure, but not willing to sponsor great if we steered auri sacra fames towards preventive treatments that could effectively keep solving challenging social problems typically Americans from progressing into kidney failure. addressed by government? Our government accidentally created an incentive against preventive treatment, and even worse, Any great policy does three things: it creates a against technological and medical innovations clear but general incentive for government or that could improve our ability to address early- private sector actors, it transparently tracks the stage kidney disease! performance of those actors, and then it holds them to account for their successes or failures. Fortunately, this is a problem we can fix. Even a Rather than prescribing procedures or setting libertarian should agree that if government is dozens of intermediate goals, policies should already paying for end-of-life care, it should outline ultimate metrics, and give people creative certainly cover preventive measures that keep 1 As we have written elsewhere, preventive and in-home care models for patients with chronic kidney disease have been successful at lower costs. Medicare should embrace these models. 2 4 license to pursue these metrics in the ways they other rehabilitative techniques to see how they judge best. As Philip Howard puts it, “human could most effectively drive down recidivism responsibility is the oxygen of accomplishment.” rates. Rewarding entrepreneurs and government In the past decade this institutional shift has employees for successfully achieving specific steered roughly 100,000 probationers away from outcomes — such as preventing the escalation of prison, saving state taxpayers over a billion kidney disease — maximizes freedom and creates dollars. Men and women who might have wound the conditions for bottom-up competition in the up in prison have been able to build lives outside provision of public goods. Dialysis is just one of our corrections system. Imagine if the rest of example. Consider two others: American criminal justice was free to innovate ——— and improve in the same way! Criminal justice. We incarcerate seven times as ——— many people as we did in the 1970s, and about Higher education. Elizabeth Warren, Bernie 70% of people reoffend within three years of their Sanders, and others are loudly calling for the release from prison. We know that certain jails, federal government to forgive some or all of the prisons, and re-entry departments are better than $1.5 trillion in student loans outstanding in this others at rehabilitating offenders, but we reward country. But the reason we’re in this mess is that them all with the same fixed fees for supervising our colleges and universities are not preparing their wards and carrying out a thousand minor American students for the kinds of successful procedures. careers that would allow them to pay off their What if instead of paying our corrections officers student debt. to “warehouse” detainees we incentivized them to The federal government disburses nearly $100 successfully help people reintegrate into society? billion in Title IV student loans per year, and In this new paradigm, corrections budgets would nearly another $30 billion in grants to colleges expand for facilities, departments, and counties and universities. This massive aid package flows that successfully reduce their return to to institutions of higher learning regardless of incarceration rates. This kind of transparent whether their students succeed or fail in the rewards system would motivate state employees workforce. Colleges and universities are to iterate and figure out what can really reduce completely unaccountable, and alumni salary data our corrections population while also reducing has only recently become available. Is it any crime in our communities.
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