The Freedom to Sleep Under Bridges

by Will Wilkinson on November 22, 2004

Yglesias suggests that Gillespie’s maligned piece about his history of home ownership and the excruciating boredom of Kansas may get his libertarian card yanked. I should say that, to my knowledge, there is no authority who issues libertarian cards, and thus there is no agency authorized to revoke them. Matt’s statism apparently goes so deep that he conceives even libertarianism in terms of licensure.

Oh, but I wanted to say something about Matt’s post! He writes:

if what matters freedomwise isn’t simply the absence of coercive state action, but the practical ability to do things (i.e., the sense in which you’re freer in New York City simply because there are more things you could do, even though you’d be less regulated in Kansas) then you start slipping toward all manner of statist leftwingery — the fair value of liberties, positive rights, etc. Marx, I think, referred to the equal freedom of rich and poor alike to spend the night sleeping under a bridge as a way of highlighting the putative bankruptcy of European classical liberalism.

If Matt is right I fear my card, too, may be in danger. I am happy to endorse a notion of positive freedom. I do think it is important not to confuse liberty with ability. I do not have the ability simply to flap my arms and fly, although I am perfectly at liberty to do so, in the sense that I am not threatened with violence or censure should I attempt to do so. But I agree that it is cold comfort to be assured that you are at liberty to buy a yacht, or a sandwich, when you lack the ability. We cannot eat, or sunbathe upon the decks of, our liberties. Ability really is what matters. And people no doubt often find that it’s worth it to sacrifice some liberty to gain the unique abilities a city like New York affords.

However, I think that among the best argument for robust negative or liberty rights, i.e., for institutionalized constraints on coercion, is that a reliable system of negative rights over time creates more abilities, opens more paths of feasible possibility for individual lives, than most alternative systems of rights. Like Friedman and Hayek, I’m in favor of a modest and well-designed social safety net. However, political systems built around positive rights tend toward sclerosis, thereby reducing rates of economic growth, and a high rate of economic growth, along with (negative) liberty and stability, is part of the trinity of primary political goods (says me). Furthermore, a system of positive rights, conceived as a system of guarantees, is often self-defeating, because it cannot overcome systemic moral hazard problems that, independently of growth problems, turn out foreclose many of the possibilities for life that the system of guarantees was meant to open.

A system of robust negative liberty, together with a modest well-designed safety net, is in my opinion the one in which people are least likely to avail themseleves of their freedom to sleep under bridges.

  • How do you create a safety net without causing moral hazard? My worry is that the guarantees inherent in a state-provided safety net are exactly what makes them so problematic. Private charity works well precisely because it makes no guarantees, meaning benefits can be denied to shirkers and free-loaders. But that means some people will always fall through the cracks, which creates the political incentive to create a universal safety net.
  • Glen, I agree! "Well-designed" is my hedge meant to say "minimally subject to moral hazard problems." I think there is in fact a great deal that could be done to promote private charity, and that we have the resources these days to see a flowering of private welfare efforts. If that were to come to pass, the state safety net could be very minimal, and should be very limited--something like a tide-you-over until the you can get helped by a charity, with whom the state will help you to get in contact.
  • This site attributes the quote to Anatole France.

    'The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread'. Anatole France
  • Matt's statism apparently goes so deep that he conceives even libertarianism in terms of licensure.

    Just wanted to note that that was an extremely funny line.
  • Regarding giving up liberties for the conveniences of city life, it's important to note that you still have the option of returning to Kansas. That's what federalism is all about. Certainly there may be some rules that a smaller group, if you can call 8 million small, may choose for their community that aren't appropriate for everyone in a nation of 280 million. The safety valve and check against too great infringement is that even those 8 million can regain those liberties without recourse to voting by simply crossing a bridge.
  • Great point, Tom!
  • Will,

    You seem to insist that there be some state funded and administered saftey net (though "minimal") regardless of how robust private welfare efforts are.

    Why?

    Do you really think state institutions must be more reliable and effective at delivering the welfare services that people want provided?

    Or, do you think it's a necessary political compromise to appease those who would otherwise insist on more?

    Or...what?
  • Gil, I think it's just a part of political reality that there will be some kind of state-funded safety net. I'd rather concede this, as I don't see any feasible way around it, and then, having conceded it, have some say about what it ought to look like. Furthermore, I think big plans involving private welfare programs will meet less resistance if there is assurance that there will be at least some govt. net. That is to say I think libertarians can push further in a libertarian direction if we stop attacking the very idea of a safety net, and thereby make a safety net less necessary.
  • I think MY's line was meant as a poke at himself...

    Is there any more you can do to characterize what you mean by a "modest, well-designed safety net"? It's always seemed to me that such a thing would be the best means of making sure no one is in a truly awful state without making taxes too burdensome. If it's modest enough, then very few people will trade work at some pay for no work and the safety net, but hopefully it can still make a relatively large difference in the lives of those unfortunate enough to be out of work for some reason or another. But I suppose one might argue that the existence of even the minor amount of taxation necessary for something like this would depress productivity at higher levels of the income scale.
  • Paul Zrimsek
    Is Yglesias' framing of his argument as a slap at libertarians, and his saying that the slippery slope Gillespie is on leads specifically to left-wing statism rather than statism more generally, meant to imply that the argument applies only to economic liberties? I wonder why. Having some of Maureen Dowd's column inches redistributed my way would do a lot more to enhance my life than having some of Warren Buffett's money redistributed my way. Where is the latter-day Anatole France who will heap the proper scorn on the empty formality of all our non-market liberal freedoms?
  • Luka Yovetich
    First of all, Kansas is awesome. It is home to the best college men's basketball team in the universe, the Jayhawks.

    Second, Will, it sounds to me like you might want to say that you don't think that a gov't sponsored safety net is best but that, since not enough people realize this, it's best to just concede that battle for the greater good.

    But it sounds like you wouldn't be in favor of a safety net if nobody else was.

    Right?
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