Jason Brennan on When All Else Fails

Brennan When All Else FailsThe economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their governments: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is a fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power.

What led you to write this book?

Almost daily for the past year, I have come across news stories about police officers using excessive violence against civilians, or about people being arrested and having their lives ruined over things that shouldn’t be crimes in the first place. I watched the Black Lives Matter protests and started reading histories of armed resistance. I watched as president after president killed innocent civilians while pursuing the “War on Terror.” I see people’s lives destroyed by the “War on Drugs,” which continues on the same course even though we have strong evidence it makes things worse, not better. Every day, government agents acting ex officio are committing severe injustices. 

I ascertained that contemporary philosophy was largely impotent to analyze or deal with these problems. Most political philosophy is about trying to construct a theory of an ideal, perfectly just society, which means philosophers usually imagine away the hard problems rather than consider how to deal with those problems. Philosophers often try to justify the government’s right to commit injustice, but they often rely upon irrelevant or incoherent models of what governments and their agents are like. For example, Suzanne Dovi’s theory of political representation is grounded in a false theory of voter behavior, while John Rawls’s argument for government simultaneously assumes people are too selfish to pay for public goods, and government agents are too angelic to abuse their power. I saw an opening not only to do original philosophy, but to do work that bears on the pressing events of our times.

You can see that in the book. The “thought experiments” I use are all based on actual cases, including police officers beating up black men who did nothing more than roll slightly past a stop sign; officers shooting unarmed, subdued men; governments spying on and wiretapping ordinary citizens; drone strikes on innocent civilians; throwing people in jail for smoking marijuana or snorting cocaine; judges having to enforce absurd sentences or unjust laws; and so on.

Can you give a summary of your argument?

The thesis is very simple: the conditions under which you may exercise the right of self-defense or the right to defend others against civilians and government agents are the same. If it is permissible to defend yourself or others against a civilian committing an act, then it is permissible to defend yourself or others against a government agent committing that same act. For instance, if I wanted to lock you in my basement for a year for smoking pot, you’d feel no compunction in defending yourself against me. My thesis is that you should treat government agents the same way.

My main argument is also simple: Both laypeople and philosophers have offered a few dozen arguments trying to defend the opposite conclusion: the view that government agents have a kind of special immunity against defensive resistance. But upon closer examination, we’ll see each of the arguments are bad. So, we should conclude instead that our rights of self-defense or to defend others against injustice do not simply disappear by government fiat. On closer inspection, there turns out to be no significant moral difference between the Commonwealth of Virginia imprisoning you for owning pot and me imprisoning you in my basement for the same thing.

To be clear,  I am not arguing that you may resist government whenever you disagree with a law. Just as I reject voluntarism on the part of government—I don’t think governments can simply decide right and wrong—so I reject voluntarism on the part of individuals. Rather, I’m arguing that you may resist when governments in fact violate people’s rights or in fact cause unjust harm.

Some will no doubt complain this thesis is dangerous. In some ways it is, and I take care to highlight how to be careful about it in the book. But on the other hand, the opposite thesis—that we must defer to government injustice—is no doubt even more dangerous. People tend to be deferential and conformist. Most people will stand by and do nothing while armed officers send people to death camps. Stanley Milgram showed most people will electrocute another person to death because a man in a white lab coat told them to. If anything, defenders of the other side—of the view that we should defer to government injustice—have a duty to be cautious pushing their dangerous view.

Can you talk a bit about the meaning behind the title? What exactly has to fail in order to justify the actions you describe?

Usually, lying, stealing, destroying property, hurting others, or killing others is wrong. However, you may sometimes perform such actions in self-defense or in defense of others. The basic principle of defense, codified in both common law and commonsense morality, is this: you may use a defensive action (such as sabotage, subterfuge, deceit, or violence) against someone else when they are initiating a severe enough injustice or harm, but only if it is necessary to defend yourself. Here, “necessary” means that you cannot use violence if a nonviolent means of defense is equally effective; you cannot use deceit if a non-deceitful means of defense is equally effective. So, the title is meant to signal that defensive actions—such as deceit or violence—are, if not quite last resorts, not first resorts either. 

What is the place of uncivil disobedience within a peaceful and successful polity?

What we call “civil disobedience” is a form of public protest. In civil disobedience, people publicly and explicitly break the law for the purpose of trying to have the law changed. They will often accept legal punishment, not necessarily because they think punishment is warranted and that even bad laws must be respected, but because it is strategic to do so to garner sympathy for their cause. Civil disobedience is about social change.

But self-defense is not about social change. If I kill a would-be mugger, I’m not trying to reduce crime or change gun policy. I’m trying to stop myself from being the victim of that particular injustice. Similarly, if you had been present and had acted in defense of Eric Garner, you would not necessarily have been trying to fix American policing—you would have just been trying to save Garner’s life. Defensive actions—or uncivil disobedience—are about stopping particular wrongdoers from committing particular harms or violating particular people’s rights. 

What are your thoughts on recent protests and movements such as Take a Knee, Me Too, and March for our Lives?

Globally, US policing and US criminal policy are outliers. American criminal justice is unusually punitive and harsh. We have 4.4% of the world’s population but around 25% of the world’s prisoners. We give longer, harsher sentences than illiberal countries such as Russia or China. Our police are unusually violent, even to the most privileged in our society. I applaud movements that bring attention to these facts.

It wasn’t always this way. In the 1960s, though the US had a higher than normal crime rate, its sentence lengths, imprisonment rate, and so on, were on the high end but similar to those of other liberal, rich, democratic countries. But starting in the 1970s, things got worse. 

Right now, Chris Surprenant and I are writing a book called Injustice for All explaining why this happened and offering some ideas about how to fix it. We argue that the problem is not explained by racism (as leftists argue), the War on Drugs (as libertarians argue), or crime and family collapse (as conservatives argue), though these things are each important factors. Rather, the US criminal justice system became dysfunctional because nearly every person involved—from voters to cops to judges to politicians—faces bad incentives created by bad rules.

Are there examples from history of individuals or groups following your philosophy with success?

Two recent books, Charles Cobb Jr.’s This Non-Violent Stuff’ll Get You Killed and Akinyele Omowale Umoja’s We Will Shoot Back provide strong evidence that the later “nonviolent” phase of civil rights activism succeeded (as much as it has) only because in earlier phases, black Americans involved in protest armed themselves in self-defense. Once murderous mobs and law enforcement learned that they would fight back, they turned to less violent forms of oppression, and activists in turn began using the nonviolent tactics with which we are familiar.

Do you think there are changes that can be made that would lessen instances in which uncivil disobedience is justified?

A facile answer: all governments have to do is respect citizens’ rights.

More realistically: we need to train police differently, change recruitment tactics, and stop using SWAT teams so often. We should decriminalize many behaviors that are currently criminalized. We need to change tax codes so that poor localities are not dependent upon law enforcement issuing tickets to gain revenue. We need Congress to rein in the executive branch’s war and surveillance powers.

But even these kinds of ideas are too facile, because there is no willpower to make such improvements. Consider an example: violent crime in the US has been dropping since 1994 (and no, it’s not because we keep locking up all the violent criminals). Yet most Americans mistakenly believe, year after year, that crime is rising. They feel scared and vote for politicians who promise to be tough on crime. The politicians in turn support more confrontational, occupying-force style methods of policing. Here, we know what the problem is, but to fix the system we need to fix the voters, and we don’t know how to do that. To be clear, When All Else Fails is not a theory of social change, and not a prescription for fixing persistent or systematic social problems. As I often tell my political economy students, while we may know which institutions work better than others, no one yet has a good account of how to move from bad institutions to good.

Jason Brennan is the Robert J. and Elizabeth Flanagan Family Professor of Strategy, Economics, Ethics, and Public Policy at Georgetown University’s McDonough School of Business. His many books include Against Democracy and The Ethics of Voting.

Louise Shelley on Dark Commerce

ShelleyThough mankind has traded tangible goods for millennia, recent technology has changed the fundamentals of trade, in both legitimate and illegal economies. In the past three decades, the most advanced forms of illicit trade have broken with all historical precedents and, as Dark Commerce shows, now operate as if on steroids, tied to computers and social media. In this new world of illicit commerce, which benefits states and diverse participants, trade is impersonal and anonymized, and vast profits are made in short periods with limited accountability to sellers, intermediaries, and purchasers. Demonstrating that illicit trade is a business the global community cannot afford to ignore and must work together to address, Dark Commerce considers diverse ways of responding to this increasing challenge.

What led you to write this book?

My last book, Dirty Entanglements: Corruption, Crime and Terrorism, pointed to the centrality of illicit trade as a funding mechanism for terrorism and transnational crime. As I finished that work, I realized that illicit trade was at the core of many of our most critical contemporary problems—the perpetuation of conflict, environmental degradation, and the destruction of human life. I wanted readers to understand that there are many who profit from this dark commerce, not just those associated with traditional crime groups. I wrote this book as a wake up call to the existential challenges that we now face from the many diverse participants in illicit trade.

How has illicit trade changed profoundly with the advent of computers and social media?

In the last three decades, the most advanced forms of illicit trade have broken with all historical precedents. Old forms of illicit trade persist that have been in place for millennia, but the newest forms operate as if on steroids, tied to computers and social media. Illicit trade is developing rapidly in all sectors. No area of this trade has diminished in its volume or its geographic reach, as technology is a driver of the growth of illicit trade.

In this new world of illicit commerce, trade is impersonal, anonymized, and vast profits are made in relatively short periods. There is limited accountability to sellers, intermediaries, and purchasers. New technology, communications, and globalization fuel the exponential growth of many of the most dangerous forms of illegal trade—the massive sales of narcotics and child pornography online; the escalation of sex trafficking through web and social media-based advertisements; and the sale of endangered species for which revenues now total in the hundreds of millions of dollars.[1]

In the cyberworld—particularly its most hidden part, the Dark Web (entered only through special anonymizing software such as TOR)—payments no longer occur with state-backed currencies, as customers pay for their purchases in a plethora of new anonymizing cryptocurrencies of which Bitcoin is the best-known. Moreover, in this illicit world, the very commodities have changed— many can no longer be touched or exchanged through human hands. Rather, many of the most pernicious illicit traders buy commodities based only on algorithms, including malware, Trojans, botnets, and/or ransomware (denies users access to their data), marketed by malicious suppliers in both the developing and developed world.[2]

Is illicit trade less of a problem in developed countries such as in the West, or is it a problem everywhere? Many potential readers may think of illicit trade as something that is far removed from them in their everyday lives. To what extent, if at all, is this an illusion? 

Many think that the problems of illicit trade are most pronounced in the developing world, and that the developed world is largely exempt. Clearly the markets of less industrialized countries are filled with numerous types of harmful counterfeit goods such as medicines, pesticides, and electronic parts. But dangerous counterfeit medicines have penetrated the supply chain of developed countries as well. Deadly drugs such as fentanyl are readily accessible through the web and the Dark Web, and they contributed to the death of over 72,000 Americans from drug overdoses in 2017. Consumers in the developed world purchase large quantities of fish that have been caught outside of approved catches, and timber that has been cut illegally and then transformed into furniture or plywood.

The changes brought by technology are most evident in the G7 countries—the largest economies in the world—but they are by no means confined to them. Investigations of computer-facilitated crime have identified their impact in the vast preponderance of the world’s countries. For example, in one recent online ransom attack victims were identified in over 180 countries.[3]

How has illicit trade contributed to current global conflicts?

Illicit trade plays a significant role in global conflicts, one example being the crisis in Syria. The Syrian crisis started with a drought. The subsequent illicit trade in water rights that made agricultural life impossible resulted in millions migrating to marginal communities on the fringes of cities where they were neglected by the state. To give you an idea of scale, there were 8.9 million Syrians city dwellers before the American invasion of Iraq in 2002. By 2010, 13.8 million. Of this almost 5 million person rural exodus, approximately 1.5 million were fleeing the drought.[4] The story of the Syrian drought refugees does not end with the beginning of the Arab Spring. Rather, it is the beginning of a “domino effect.” The Syrians departure from rural areas was the first phase of a longer trajectory that then took a more tragic course. These rural to urban migrants had to then flee civil war and destruction, many becoming illegal migrants relying on smugglers. The Syrian case is one of the worst examples of the growth of regional conflicts that has characterized the post-Cold War period. Illicit trade has funded many of the most important disputes and clashes of recent decades in the Middle East, Africa, Latin America, Asia, and between Russia and Ukraine.[5] The illicit goods associated with conflict include not only arms, drugs, and humans, but also consumer goods, counterfeits, and natural resources such as oil, minerals, gold, and coltan—ubiquitous in mobile phones and laptops.

What do you hope readers will take away from reading this book?

Illicit trade has survived for millennia, but it has expanded in recent decades as the financial advantage grows in an ever more competitive and globalized world. The profit from this trade can be more than financial. States obtain political advantage as a result of illicit commerce, a phenomenon as old as the raids on the pirate ships of antiquity and the theft of new technologies. Yet its costs today are even higher and command greater priority from the global community.

Is there any good news in this story? Are we finding ways to combat illicit trade?

Countering illicit trade requires serious and concerted action by different sectors of society working together. We need a multilateral approach that encompasses governments, organizations, businesses, community groups, NGOs, journalists, and others working together to find effective ways to combat illicit trade. Already, exceptional individuals risk their lives for this objective, including activists and investigative journalists who counter human trafficking, the drug trade, illegal timber harvesting, and illicit financial flows. Many honest members of law enforcement are on the front lines against illicit trade, dying in the line of duty annually as they try to save human lives and protected species. New technology and data analytics tools are being developed by the government and the private sector to counter the growth of illicit trade, particularly in the cyberworld. Many individuals are involved at the local level in their communities to prevent harm to all forms of life. All these efforts must be enhanced and coordinated. Finally, citizens as consumers have an important role to play as individuals demanding more of corporations to counter the abuse of the new technology they control.

Louise I. Shelley is the Omer L. and Nancy Hirst Professor of Public Policy and University Professor at George Mason University’s Schar School of Policy and Government, and founder and director of its Terrorism, Transnational Crime and Corruption Center. Her many books include Human Trafficking and Dirty Entanglements. She lives in Washington, DC.

**

[1] Larry Greenmeier, “Human Traffickers Caught on Hidden Internet,” February 8, 2015,  https://www.scientificamerican.com/article/human-traffickers-caught-on-hidden-internet/ and also the accompanying visualization that reveals the international links, Scientific American Exclusive: DARPA Memex Data Map. Accessed July 13, 2017, https://www.scientificamerican.com/slideshow/scientific-american-exclusive-darpa-memex-data-maps/; Channing May, Transnational Crime and the Developing World (Washington, D.C.: Global Financial Integrity, 2017), xi.

[2] Ransomware is extensively used in India, see CSIS, “Net Losses Estimating the Global Cost of Cybercrime: Economic Impact of Cybercrime II,” June 2014, 15, http://www.mcafee.com/us/resources/reports/rp-economic-impact-cybercrime2.pdf, accessed Jan. 23, 2017. A major analyst of the Dark Web suggests that ten percent of the content of the dark web consists of this stolen material.

[3] Investigators identified 189. Joe Mandak, “Prosecutor’s Office Paid Bitcoin Ransom in Cyberattack,” December 5, 2016. Accessed July 15, 2017,  https://phys.org/news/2016-12-prosecutor-office-paid-bitcoin-ransom.html; Complaint U.S. Government vs. flux and flux 2, filed November 28, 2016. Accessed July 15, 2017, https://www.justice.gov/opa/page/file/915216/download; “Avalanche” Network Disrupted in International Cyber Operation,” December 1, 2016.Accessed Feb. 1, 2017,https://www.europol.europa.eu/newsroom/news/%E2%80%98avalanche%E2%80%99-network-dismantled-in-international-cyber-operation This is the Avalanche case discussed in chapter five.

[4] Ibid.; Collin Kelley et. al. “Climate change in the Fertile Crescent and implications of the recent Syrian drought,” pnas,  vol. 112 no. 11, 3241-46; http://www.pnas.org/content/112/11/3241.full, accessed March 6, 2016.

[5] Paul J. Smith, The Terrorism Ahead: Confronting Transnational Violence in the 21st Century, (London and New York: Routledge, 2015), 151-2.

UPress Week Blog Tour: #TurnItUp Politics

The book world is groaning under the weight of books on political expose and opinion, but University Press press books bring expertise, data and serious analysis to bear on an array of complex issues. The University of Chicago Press highlights a group of recent books that, taken together, offer considerable insight into American politics.  A post from Teachers College Press features a list of books on politics and education. A Q&A with Michael Lazzarra, author of Civil Obedience (Critical Human Rights series) about how dictatorships are supported by civilian complicity is featured by the University of Wisconsin Press. Rutgers University Press highlights three recent politics books: The Politics of Fame by Eric Burns and the reissues of classics Democracy Ancient and Modern by M.I. Finley and Echoes of the Marseillaise by Eric Hobsbawn. UBC Press describes their new Women’s Suffrage and the Struggle for Democracy series. Over at LSU Press, there’s a post about their new list dealing with contemporary social justice issues, pegged to Jim Crow’s Last Stand and the recent state vote to ban non-unanimous criminal jury verdicts. An interview with Dick Simpson and Betty O’Shaughnessy, authors of Winning Elections in the 21st Century can be found courtesy of the University of Kansas Press. Harriet Kim provides a selection of interesting politics titles that she recently brought back into print as part of the Heritage Book Project at the University of Toronto Press. A spotlight on two recent additions to our Politics and Culture in the Twentieth-Century South series that focus on defining the white southern identity through politics can be found at the University of Georgia Press. Last but not least, The University of Virginia Press is publishing an updated edition of Trump’s First Year and has published a post describing the creation of that book and the preparation of a new edition covering year two, up through the recent midterms.

Stay tuned for more in this lineup of #TurnItUP posts throughout the week.

Browse our Middle Eastern Studies 2019 Catalog

Our new Middle Eastern Studies catalog includes a groundbreaking history showing how Egyptian-Israeli peace ensured lasting Palestinian statelessness; a definitive political picture of the Islamic Republic of Iran; an exploration of frequently neglected aspects of Iranian spirituality and politics; and a bold new religious history of the late antique and medieval Middle East that places ordinary Christians at the center of the story.

If you’re attending the Middle East Studies Association meeting in San Antonio this week, visit the PUP table to see our full range of Middle Eastern studies titles.

Seth Anziska Preventing Palestine book cover

How and why Palestinian statelessness persists are the central questions of Seth Anziska’s groundbreaking book, which explores the complex legacy of the Camp David Accords. Combining astute political analysis, extensive original research, and interviews with diplomats, military veterans, and communal leaders, Preventing Palestine offers a bold new interpretation of a highly charged struggle for self-determination.

 

Amin Saikal Iran Rising book cover

When Iranians overthrew their monarchy, rejecting a pro-Western shah in favor of an Islamic regime, many observers predicted that revolutionary turmoil would paralyze the country for decades to come. Yet forty years after the 1978–79 revolution, Iran has emerged as a critical player in the Middle East and the wider world. In Iran Rising, renowned Iran specialist Amin Saikal describes how the country has managed to survive despite ongoing domestic struggles, Western sanctions, and countless other serious challenges.

 

Alireza Doostdar Iranian Metaphysicals book cover

Since the late nineteenth century, modernizing intellectuals, religious leaders, and statesmen in Iran have attempted to curtail occult practices and appeals to saintly powers as “superstitious,” instead encouraging the development of rational religious sensibilities and dispositions. However, these rationalizing processes have multiplied the possibilities for experimental engagement with the immaterial realm. The Iranian Metaphysicals shows that metaphysical experimentation lies at the center of some of the most influential intellectual and religious movements in modern Iran.

 

Jack Tannous Making of the Medieval Middle East book cover

In the second half of the first millennium CE, the Christian Middle East fractured irreparably into competing churches and Arabs conquered the region, setting in motion a process that would lead to its eventual conversion to Islam. The Making of the Medieval Middle East recasts these conquered lands as largely Christian ones whose growing Muslim populations are properly understood as converting away from and in competition with the non-Muslim communities around them.

Helena Rosenblatt on The Lost History of Liberalism

Lost History LiberalismThe Lost History of Liberalism challenges our most basic assumptions about a political creed that has become a rallying cry—and a term of derision—in today’s increasingly divided public square. Taking readers from ancient Rome to today, Helena Rosenblatt traces the evolution of the words “liberal” and “liberalism,” revealing the heated debates that have taken place over their meaning. This book sets the record straight on a core tenet of today’s political conversation and lays the foundations for a more constructive discussion about the future of liberal democracy. 

What led you to write this book?

 I became interested in the history of political thought in college and my interest grew in graduate school.  My PhD dissertation, which became my first book, was on Jean-Jacques Rousseau. I wrote my second book on Benjamin Constant. Both these thinkers had a huge influence on liberalism, Rousseau as a kind of gadfly, and Constant as a founder. In the course of my work, I became aware of a curious fact: despite the importance of liberalism to our history and current politics, no comprehensive history of liberalism had been written in a surprisingly long time. So I began thinking about writing such a history myself.

I set to work, but soon confronted a series of perplexing questions and contradictions. In one way or another, they all involved defining liberalism. Why was it, I wondered, that liberalism means one thing in Europe and something else in the United States? Why do some people speak of a “classical liberalism” that they say is more authentic than today’s? Why are there so many different “founders” of liberalism? Some call Machiavelli a founder, while others speak of John Locke, or even Jesus Christ.  How can they all be founders of liberalism when they are so radically different? While pondering these and other questions, I couldn’t help noticing that liberalism was often called a “slippery,” “elusive,” or “vague” concept in the books and articles that I read. All of it led me to ask a deceptively simple question: what is liberalism? And how do you write a history of liberalism when you don’t know what it is? After struggling for some time, the smoke cleared and I fell upon a new approach.

What is original about your approach to the history of liberalism?

I made it my mission to let the past speak for itself. In my book, I trace the history of the words “liberal” and “liberalism” over the course of history, starting with classical Rome—when the word “liberal” existed, but not yet “liberalism”—and ending today. What did “liberal” mean to the people who used the term two thousand years ago and how did that meaning change over time? When was the word “liberalism” coined, why was it coined, and what did it mean to the people who used it? When was the first “liberal party” formed and what did it stand for? These are the sorts of questions my book asks and seeks to answer. And my approach leads to a number of surprising findings.

What do you hope readers will take away from reading your book?

 It is hard to summarize the many interesting discoveries I made. One concerns liberalism’s origins. We tend to think of liberalism as an age-old and venerable “Anglo-American” tradition with roots stretching deep into English history. Some trace its origins as far back as the Magna Carta. From England, liberalism is said to have spread and slowly gained acceptance until it was transported to America in the eighteenth century. There its principles were enshrined in the Declaration of Independence and US Constitution. During the 19th century, liberalism continued its steady and inexorable progress until it became the dominant doctrine of the West.

This is a nice story, but it’s inaccurate. “Liberalism,” as a word and cluster of concepts, emerged in France in the wake of the French Revolution, not before. Its first theorists were Benjamin Constant and Madame de Staël, not John Locke. For most of the nineteenth century, liberalism was widely seen as a French doctrine and closely associated with France’s successive revolutions (1789, 1830, 1848, and 1871). The Encyclopaedia Americana of 1831 did not contain an entry on “liberalism,” and the article on “liberal” explained that its political meaning came from France. Only half a century later was liberalism given an entry in the American Cyclopaedia of Political Science and, even then, it was a translation of a French article equating liberalism with the “principles of 89.” During the closing years of the nineteenth century, “liberalism” remained a rare word in the language of American politics and, when it was used, was sometimes spelled “liberale,” or rendered in italics, to indicate its foreignness. The word “liberalism” only gained currency in America’s political vocabulary in the early twentieth century and the idea of an “Anglo-American liberal tradition” half a century later.

What is the relationship between liberalism and democracy?

A common mistake we make today is to use the expression “liberal democracy” unproblematically, as if “liberalism” and “democracy” go together naturally. Sometimes the terms are used interchangeably as if they were synonyms. However, for the first one hundred years of their history, most liberals were hostile to democracy, which they associated with chaos and mob rule. Certainly, the founders of liberalism were not democrats. Although he believed in popular sovereignty, Benjamin Constant insisted that it be limited and advocated stiff property requirements for voting and office holding. Madame de Staël championed the “government of the best,” which she distinguished from democracy.

To Constant, de Staël, and many other liberals, the French Revolution proved that the public was utterly unprepared for political rights. People were ignorant, irrational and prone to violence. Under popular pressure, the rule of law had been suspended, “enemies of the people” guillotined, and rights trampled upon. Napoleon’s despotic rule, repeatedly legitimized by plebiscite, only confirmed the liberals’ apprehensions about democracy.  They watched with horror as demagogues and dictators manipulated voters by appealing to their lowest instincts. It was obvious to them that the masses lacked the judgement necessary to know their true interests, and even less those of their country. Liberals accepted democracy very late and even then they thought hard about ways to contain it.  They pondered methods to “enlighten” and “educate” democracy and make it safe. 

What is the relationship between liberalism and socialism?

The relationship between liberalism and socialism is often described as antagonistic, but this is untrue. Again, the question has a lot to do with definitions, since “socialism” has always been a contested and evolving cluster of ideas. At first, the word “socialist” simply described someone who felt sympathy for the poor. Three more revolutions, in 1830, 1848, 1871, and the dislocations and hardships brought to the poor by the Industrial Revolution, caused many liberals to become increasingly receptive to socialist ideas. By the early twentieth century, some began calling themselves “liberal socialists.” In 1909, the future Prime Minister of the United Kingdom, Winston Churchill, championed what he referred to as a “socialistic” form of liberalism dedicated to improving the lives of the “left-out millions.” A leading British liberal weekly declared that “we are all Socialists in that sense.”

It was World War II and the fear of totalitarianism that caused the rift between liberalism and socialism with which we are now familiar. First published in 1944, the bestseller, The Road to Serfdom by Friedrich Hayek, warned that the “social liberalism” toward which Britain and America were headed would inevitably lead to totalitarianism. Such anxieties caused other prominent Cold War liberals increasingly to distinguish themselves from socialists.

How is your book relevant today?

As an historian, I tend to think that getting history right is important in its own right. But I also think that history can lend critical perspective on the present. It can tell us about the challenges people in the past faced, the options they had, and the choices they made. Today it is clear that liberalism is facing crisis. Alarming statistics indicate that people around the world are losing confidence in liberal democracy. Populism is on the rise, American hegemony in decline. And it is not just that liberalism is being attacked by enemies or losing adherents. Liberals are divided among themselves. Some say that they have lost sight of their essential values. Some are beginning to ask what liberalism’s essential values really are. One way of answering this question is to turn to the history of liberalism. That is what my book does.

Helena Rosenblatt is professor of history at the Graduate Center, City University of New York. Her many books include Liberal Values: Benjamin Constant and the Politics of Religion and Thinking with Rousseau: From Machiavelli to Schmitt. She lives in New York City.

Keith Whittington: The Dream of a Nonpartisan Supreme Court

Since the retirement of Justice Anthony Kennedy, long the pivotal swing justice on the U.S. Supreme Court, we have been hearing a lot once again about the desire for a replacement justice and for a Court that can stand outside of politics and be nonpartisan. Any nominee was likely to disappoint those holding on to that desire, but the nomination of the conventional conservative jurist Brett Kavanaugh did nothing to mollify critics of either this administration or this Court. The dream of a nonpartisan Supreme Court is as old as the republic itself, but it is nothing but a dream. We should demand that the justices behave differently than mere politicians in robes, but we should not ever expect to see a Court that stands completely outside of partisan politics.

The founding generation was deeply distrustful of political parties, and they designed the Constitution on the assumption that American politics would operate without them. They worried that partisans would always put the party interest above the general interest, and they hoped for a republic in which political leaders would seek to advance the general welfare of the people as a whole not the factional interests of a part of the people. They dreamed not only of a nonpartisan Supreme Court, but of a nonpartisan Congress and presidency as well. They were quickly disappointed.

The ink had barely dried on the Constitution before the founders began to organize themselves into political parties. They and their posterity discovered that parties were unavoidable in a democratic political system. Americans eventually learned, often grudgingly, how to accommodate themselves to the persistence of partisan divisions, and the Constitution itself was amended to take into account the fact that presidents and vice-presidents would stand for election together on a party ticket and that the Electoral College could not simply select the two best Americans to occupy the first and second positions in the national executive.

For some of the same reasons that parties have proven unavoidable in electoral politics and in lawmaking, they have influenced the federal courts as well. Americans have rarely disagreed about whether they should continue to live under the U.S. Constitution, but they have often disagreed about what the Constitution means. For over two hundred years, those disagreements have been exploited and organized by political parties. Voters, activists and politicians have hashed out those disagreements at the ballot box, on the streets, and in the halls of political power. Presidents and legislators have won elections advocating for their distinctive constitutional philosophies, and they have placed judges on the bench that have shared those philosophies.

We should hope and expect that judges do not behave in the same way as politicians. We do not expect judges to cater to the whims of public opinion or appeal to the interests of favored constituencies. We do not expect judges to trim the rights of unpopular minorities in order to win favor with popular majorities. We do not expect judges to engage in horse-trading to win votes. Not only do we expect them to put country over party, but we expect them not to be moved by narrow partisan interests. In short, we expect judges to stay out of the low politics of political campaigns, legislative logrolling, and partisan maneuvering for temporary advantage.

We cannot reasonably expect them to stand aloof from the high politics of constitutional debate, however. The Jeffersonians and the Federalists, the Whigs and the Democrats had different understandings of the proper use of government and the scope of government power, and those differences were enshrined in both party platforms and judicial opinions. The upstart Republicans had different ideas about the constitutionality of the extension of slavery, and they battled for those ideas in the courtroom as well as the ballot box. The New Dealers and the old guard conservatives had different hopes about how the country would emerge from the Great Depression, and those differences had implications for the course of American constitutional law.

The political parties today are divided about constitutional questions just as the political parties of the past were. The two parties represent different constitutional philosophies, with implications for a host of questions not only about legislative policy but also about judicial doctrine. If the partisan divisions are unusually visible on the Court today that is due in part to the fact that the two major parties have been locked in close electoral combat for an unusually long period of time and our constitutional differences have remained unresolved in society as well as in law. That does not mean that the justices march in lockstep or take their marching orders from party leaders on the hill, but disagreements in constitutional philosophy that we see expressed on the airwaves and in the newspapers are also going to be expressed in legal briefs and judicial opinions.

The Supreme Court has always been shaped by political forces, and we would not be happy if it were not. When Lincoln asked whether the “policy of government, upon vital questions, affecting the whole people” was to be “irrevocably fixed by the decisions of the Supreme Court” or to be settled by “the people,” he understood that a republic would not tolerate a Court that stood entirely outside of politics and asserted its independence from the people themselves. The justices are not demi-gods; they are just people, who disagree among themselves as other people do. The courts contribute in important ways to the stability, vitality and desirability of our constitutional system, but we need not believe in the illusion of a nonpartisan Court in order to appreciate those contributions.

Keith E. Whittington is the William Nelson Cromwell Professor of Politics at Princeton University and the author, most recently, of Speak Freely: Why Universities Must Defend Free Speech.

Trump’s Assertiveness vs. Rouhani’s Resistance

by Amin Saikal

President Donald Trump has acted to diminish the Iranian Islamic regime over its nuclear program, missile industry and regional influence. He has given Tehran an ultimatum either to succumb to his demands or face unprecedented punishment. Iranian President Hassan Rouhani has rejected Trump’s actions to withdraw from the July 2015 multilateral nuclear agreement (officially known as the Joint Comprehensive Plan of Action – JCPOA), and to reimpose sanctions as “psychological warfare.” The US and Iran are now locked in a diplomatic confrontation that could lead to a confrontation with devastating consequences.

Ironically, this is the first time in the history of US-Iranian hostilities since the advent of the Iranian Islamic regime nearly 40 years ago that Washington, rather than Tehran, is isolated in world politics as a result of an American president’s actions. Not only the other signatories to the JCPOA – Britain, France, Germany, Russia and China – but also most of the other states in the world have sided with Tehran. The European signatories and America’s traditional allies have taken extraordinary steps to salvage the JCPOA. They have gone so far as to invoke an old “blocking statute” to protect their countries’ businesses dealings with Iran and have instructed their companies either to defy American sanctions or run the risk of being sued by European Union member states. They have also opened a mechanism to enable those businesses affected by sanctions to sue the American government in the national courts of member states.

Whatever the European powers’ measures and the degree of sanction defiance by Russia and China as the other two strong supporters of Iran, as well as the Iranian government’s efforts to circumvent the sanctions, as it has in the past, Trump’s actions can still entail serious economic and political implications for Iran. The Iranian economy was in a fragile state prior to the reimposition of sanctions; it is now bound to receive more hard blows. This in turn is likely to increase public disenchantment with and protests against the Islamic regime.

However, the Islamic regime is unlikely to be brought to its knees, for four important reasons. The first is that Iran has endured soft and hard sanctions since the early days of its transformation into an Islamic Republic following the Iranian revolution of 1978-79 that resulted in the overthrow of the Shah’s pro-Western monarchy. The regime has vigorously diversified Iran’s economy and trade. It has succeeded in making the Iranian economy less dependent on oil exports, and has expanded trade relations with friendly powers, including China, which has become Iran’s largest trade partner. It has engaged in processes of self-sufficiency and mastered different methods of sanction-busting, including barter trading, and transactions through third countries where it wields influence, such as Iraq, Afghanistan and Lebanon.

The second is that despite its theocratic and administrative shortcomings and corrupt practices, the regime is well entrenched. It has built sufficient coercive instruments of power to deal with any widespread public uprisings. The clerical forces and their associates that dominate the power structure have done everything possible to guard themselves against a revolution similar to the one that caused the Shah’s downfall and brought them to power.

The third is that the regime has successfully used the “threat” from the United States and its regional allies, Israel in particular, for public legitimation and mobilisation, and this factor remains at its disposal. Many segments of the Iranian society are unhappy with the regime and may well desire a better alternative, but when Iran is threatened by an outside force, a majority of them have rallied behind the government of the day. The more that Trump pressures and threatens Iran, the more he plays into the hands of the regime to invoke a combination of historically fierce nationalism and Shia Islamic devotion among the Iranians.

The fourth is that in the unlikely event of the Islamic regime crumbling through popular uprisings, this will not serve the interests of the United States and its regional allies. It could produce uncontrollable outcomes for not only Iran but also the region. The regime’s removal without a smooth power transition could generate a much worse national and regional situation than did the overthrow of the Shah’s autocracy.

The Trump leadership, egged on by Iran’s arch enemy, Israel, and backed by another regional rival, Saudi Arabia, has touted the use of force as an ultimate means to change the behaviour of the Iranian regime. However, Tehran has secured a strong deterrence against such an option as well. It has garnered adequate prowess though a combination of hard and soft power within an asymmetrical warfare strategy to make an attack very costly for its perpetrator. It has secured a network of regional protégé forces that includes most importantly the Lebanese Hezbollah, which possesses some 120,000 rockets of all kinds, capable of hitting targets in Israel and across the region. This deterrence factor should make the US and Israel think twice before they resort to the use of force.

Trump has sought to subdue the Iranian regime, but at the cost of America’s isolation from even its traditional European allies. The US has become an oddity in world politics. This had never happened since the rise of the US to globalism following the Second World War.

Amin Saikal is Distinguished Professor and Director of the Centre for Arab and Islamic Studies (the Middle East and Central Asia) at the Australian National University, and author of the forthcoming book Iran Rising: The Survival and Future of the Islamic Republic by Princeton University Press.

Browse our 2018 Politics Catalog

Our new Politics catalog includes an examination of the intertwined lives and writings of a group of prominent twentieth-century Jewish thinkers who experienced exile and migration, a look at the troubling ethics and politics of philanthropy, and an  in-depth account of the 2016 presidential election that explains Donald Trump’s historic victory.

If you’ll be at ASPA 2018 in Boston, stop by Booth 316 to see our full range of political titles.

exile, statelessness, and migration cover

Exile, Statelessness, and Migration explores the intertwined lives, careers, and writings of a group of prominent Jewish intellectuals during the mid-twentieth century—in particular, Theodor Adorno, Hannah Arendt, Walter Benjamin, Isaiah Berlin, Albert Hirschman, and Judith Shklar, as well as Hans Kelsen, Emmanuel Levinas, Gershom Scholem, and Leo Strauss. Informed by their Jewish identity and experiences of being outsiders, these thinkers produced one of the most brilliant and effervescent intellectual movements of modernity.

just giving cover

Is philanthropy, by its very nature, a threat to today’s democracy? Though we may laud wealthy individuals who give away their money for society’s benefit, Just Giving shows how such generosity not only isn’t the unassailable good we think it to be but might also undermine democratic values and set back aspirations of justice. Big philanthropy is often an exercise of power, the conversion of private assets into public influence. And it is a form of power that is largely unaccountable, often perpetual, and lavishly tax-advantaged. The affluent—and their foundations—reap vast benefits even as they influence policy without accountability. And small philanthropy, or ordinary charitable giving, can be problematic as well. Charity, it turns out, does surprisingly little to provide for those in need and sometimes worsens inequality.

Identity Crisis cover

Donald Trump’s election victory stunned the world. How did he pull it off? Was it his appeal to alienated voters in the battleground states? Was it Hillary Clinton and the scandals associated with her long career in politics? Were key factors already in place before the nominees were even chosen? Identity Crisis provides a gripping account of the campaign that appeared to break all the political rules—but in fact didn’t.

Against metrics: how measuring performance by numbers backfires

by Jerry Muller

More and more companies, government agencies, educational institutions and philanthropic organisations are today in the grip of a new phenomenon. I’ve termed it ‘metric fixation’. The key components of metric fixation are the belief that it is possible – and desirable – to replace professional judgment (acquired through personal experience and talent) with numerical indicators of comparative performance based upon standardised data (metrics); and that the best way to motivate people within these organisations is by attaching rewards and penalties to their measured performance. 

The rewards can be monetary, in the form of pay for performance, say, or reputational, in the form of college rankings, hospital ratings, surgical report cards and so on. But the most dramatic negative effect of metric fixation is its propensity to incentivise gaming: that is, encouraging professionals to maximise the metrics in ways that are at odds with the larger purpose of the organisation. If the rate of major crimes in a district becomes the metric according to which police officers are promoted, then some officers will respond by simply not recording crimes or downgrading them from major offences to misdemeanours. Or take the case of surgeons. When the metrics of success and failure are made public – affecting their reputation and income – some surgeons will improve their metric scores by refusing to operate on patients with more complex problems, whose surgical outcomes are more likely to be negative. Who suffers? The patients who don’t get operated upon.

When reward is tied to measured performance, metric fixation invites just this sort of gaming. But metric fixation also leads to a variety of more subtle unintended negative consequences. These include goal displacement, which comes in many varieties: when performance is judged by a few measures, and the stakes are high (keeping one’s job, getting a pay rise or raising the stock price at the time that stock options are vested), people focus on satisfying those measures – often at the expense of other, more important organisational goals that are not measured. The best-known example is ‘teaching to the test’, a widespread phenomenon that has distorted primary and secondary education in the United States since the adoption of the No Child Left Behind Act of 2001.

Short-termism is another negative. Measured performance encourages what the US sociologist Robert K Merton in 1936 called ‘the imperious immediacy of interests … where the actor’s paramount concern with the foreseen immediate consequences excludes consideration of further or other consequences’. In short, advancing short-term goals at the expense of long-range considerations. This problem is endemic to publicly traded corporations that sacrifice long-term research and development, and the development of their staff, to the perceived imperatives of the quarterly report.

To the debit side of the ledger must also be added the transactional costs of metrics: the expenditure of employee time by those tasked with compiling and processing the metrics in the first place – not to mention the time required to actually read them. As the heterodox management consultants Yves Morieux and Peter Tollman note in Six Simple Rules (2014), employees end up working longer and harder at activities that add little to the real productiveness of their organisation, while sapping their enthusiasm. In an attempt to staunch the flow of faulty metrics through gaming, cheating and goal diversion, organisations often institute a cascade of rules, even as complying with them further slows down the institution’s functioning and diminishes its efficiency.

Contrary to commonsense belief, attempts to measure productivity through performance metrics discourage initiative, innovation and risk-taking. The intelligence analysts who ultimately located Osama bin Laden worked on the problem for years. If measured at any point, the productivity of those analysts would have been zero. Month after month, their failure rate was 100 per cent, until they achieved success. From the perspective of the superiors, allowing the analysts to work on the project for years involved a high degree of risk: the investment in time might not pan out. Yet really great achievements often depend on such risks.

The source of the trouble is that when people are judged by performance metrics they are incentivised to do what the metrics measure, and what the metrics measure will be some established goal. But that impedes innovation, which means doing something not yet established, indeed that hasn’t even been tried out. Innovation involves experimentation. And experimentation includes the possibility, perhaps probability, of failure. At the same time, rewarding individuals for measured performance diminishes a sense of common purpose, as well as the social relationships that motivate co-operation and effectiveness. Instead, such rewards promote competition.

Compelling people in an organisation to focus their efforts on a narrow range of measurable features degrades the experience of work. Subject to performance metrics, people are forced to focus on limited goals, imposed by others who might not understand the work that they do. Mental stimulation is dulled when people don’t decide the problems to be solved or how to solve them, and there is no excitement of venturing into the unknown because the unknown is beyond the measureable. The entrepreneurial element of human nature is stifled by metric fixation.

Organisations in thrall to metrics end up motivating those members of staff with greater initiative to move out of the mainstream, where the culture of accountable performance prevails. Teachers move out of public schools to private and charter schools. Engineers move out of large corporations to boutique firms. Enterprising government employees become consultants. There is a healthy element to this, of course. But surely the large-scale organisations of our society are the poorer for driving out staff most likely to innovate and initiate. The more that work becomes a matter of filling in the boxes by which performance is to be measured and rewarded, the more it will repel those who think outside the box.

Economists such as Dale Jorgenson of Harvard University, who specialise in measuring economic productivity, report that in recent years the only increase in total-factor productivity in the US economy has been in the information technology-producing industries. The question that ought to be asked next, then, is to what extent the culture of metrics – with its costs in employee time, morale and initiative, and its promotion of short-termism – has itself contributed to economic stagnation?Aeon counter – do not remove

Jerry Z. Muller is the author of many books, including The Tyranny of Metrics. His writing has appeared in the New York Times, the Wall Street Journal, the Times Literary Supplement, and Foreign Affairs, among other publications. He is professor of history at the Catholic University of America in Washington, D.C., and lives in Silver Spring, Maryland.

 

This article was originally published at Aeon and has been republished under Creative Commons.

Eric Posner & Glen Weyl on Radical Markets: Uprooting Capitalism and Democracy for a Just Society

Radical MarketsMany blame today’s economic inequality, stagnation, and political instability on the free market. The solution is to rein in the market, right? Radical Markets turns this thinking—and pretty much all conventional thinking about markets, both for and against—on its head. The book reveals bold new ways to organize markets for the good of everyone. It shows how the emancipatory force of genuinely open, free, and competitive markets can reawaken the dormant nineteenth-century spirit of liberal reform and lead to greater equality, prosperity, and cooperation. Only by radically expanding the scope of markets can we reduce inequality, restore robust economic growth, and resolve political conflicts. But to do that, we must replace our most sacred institutions with truly free and open competition—Radical Markets shows how. Read on for an interview between the two authors. 

Eric: I’ve never thought of myself as a radical, yet our book is called Radical Markets. Is this a marketing gimmick or are the ideas really radical?

Glen: Our proposals seem pretty radical to me. In our scheme, private property turns into a kind of an auction, so there would be a price on most property all the time and the benefits would flow equally to all citizens, eliminating most inequality of wealth.  The conventional system of democracy—one-person-one-vote and judicial protection of most minority rights—would turn into a market-based system of trading voice credits and using them to buy votes. The current immigration bureaucracy would be radically decentralized, as ordinary people would take over sponsorship of migrant workers. There are certainly ideas more radical than these, but not many that you hear discussed seriously by our academic colleagues.

Eric: Yet, unlike true radicals, we urge a go-slow approach. Test things out, we say. Things could go wrong, we warn. And then we claim to be in favor of markets. That doesn’t sound like Saint-Simon or Marx. Sure, enough our book is #1 on Amazon in the category of libertarianism, though neither of us think of ourselves as libertarians.

Glen: True revolutions occur in slow motion; they begin with ideas. Democracy is a revolutionary idea in a world of kingdoms; it did not happen overnight. Unions began as working men’s associations and only gradually gained power and state sanction. Even Saint-Simon inspired small-scale utopian communities. Revolutions that move rapidly to take over a whole society, like the French or Russian, usually quickly determine they didn’t have their plans fleshed out and end in chaos or greater tyranny than the system they replaced. We have radical, even revolutionary, aims, but we want the changes we propose to stick and that will only happen if they are fully developed, their weaknesses exposed by experimentation.

Eric. I’m still not sure. I like the title because I’m a sucker for word play. The root of the word radical is, well, root. Being radical means getting to the root of things. I think we do that. A radical in math is the root of a number, and several of the ideas in the book have their origin in quadratic equations. And then there is the idea of radical as left-wing. Here, I’m not so sure. In fact, one of our goals is to appeal to people with different political views.

Glen: Well, radical doesn’t necessarily mean left wing, though I guess it depends how you define it.  In fact, The Economist defines its ideology as the “radical center.” To me, that sense of radical is more about favoring fundamental changes to the social order rather than, say, putting the government in charge of everything or redistributing wealth. In that sense, I think we are very much radicals

Eric: We even appeal to Adam Smith and Milton Friedman. What could be less radical than that?

Glen: Adam Smith has an unfair reputation as a “conservative” these days only because his ideas were so successful. He put the finishing touches, intellectually at least, on the unthinking feudalism of the day. In fact, Smith helped found the first major political movement to identify itself as “Radical,” the Philosophical Radicals who are our inspiration. Not surprisingly, ideas that were radical in the eighteenth century can be reactionary in the twentieth, when Friedman wrote. But we give Friedman credit for seeing that central planning and a certain kind of bureaucratic mindset leads to a dead end.

Eric: And for market thinking: Friedman was right to emphasize the value of competition and exchange—essential features of market system—but, like many economists, took our system of property rights and politics for granted, as if thinking on these topics had stopped centuries ago. One way you can tell that you are being radical in an intellectual sense—the sense I care about—is that you find yourself being criticized by people with different political views. If you’re radical enough, people will get angry. We’ve already seen a bit of this. Immigrant advocates and alt-right types don’t agree on much, but they seem to be scandalized by our foreign worker proposal. I’ll be curious to see how people react to our other proposals.

Eric A. Posner is the Kirkland and Ellis Distinguished Service Professor at the University of Chicago Law School. His many books include Climate Change Justice. He lives in Chicago. E. Glen Weyl is principal researcher at Microsoft and visiting senior research scholar in economics and law at Yale University. He lives in Boston.

W. Kip Viscusi on Pricing Lives: Guideposts for a Safer Society

ViscusiLike it or not, sometimes we need to put a monetary value on people’s lives. In the past, government agencies used the financial “cost of death” to monetize the mortality risks of regulatory policies, but this method vastly undervalued life. Pricing Lives tells the story of how the government came to adopt an altogether different approach—the value of a statistical life, or VSL—and persuasively shows how its more widespread use could create a safer and more equitable society for everyone. In this book, Kip Viscusi provides a comprehensive look at all aspects of economic and policy efforts to price lives. Pricing Lives proposes sensible economic guideposts to foster more protective policies and greater levels of safety in the United States and throughout the world.

What do you mean by “pricing lives,” and where does this occur?

What we mean by pricing lives depends on the context. For the government’s risk and environmental regulation policies, the challenge is to determine how much we are willing to spend to prevent each expected fatality. The principal measure used to set this price is known as the value of a statistical life (VSL), or the amount society is willing to pay to prevent the risk of each statistical death. Companies also set an implicit price on life every time they make products that are not risk-free. Sometimes companies have assigned numerical amounts to the value of the fatalities that are prevented, though how they have done so is seriously flawed and has greatly undervalued life. There is also a role for pricing lives after fatalities have occurred. Regulatory agencies set the penalties that firms must pay for regulatory violations that led to the fatalities. The courts also set a price on lives in wrongful death cases in terms of the amount of compensation that must be paid to the decedent’s family after the death.

Why should there be any limit at all on what the government spends to save lives?

So long as resources are limited, we cannot make an unbounded commitment to a risk-free society. The practical issue is where to set these limits. In the 1980s, I was asked to settle a dispute between OMB and OSHA over the proposed hazard communication regulation. OMB had rejected the proposal, concluding that the costs exceeded the benefits. In my analysis of this debate, I introduced the VSL concept to government agencies. Doing so made the calculation of the benefits of risk regulations ten times more valuable than they were under the previous cost of death approach. It also led to the issuance of a regulation that previously had been rejected because it was viewed as being too costly. Although some government agencies were slow to adopt the higher VSL numbers, this approach is now the norm in government agencies. The VSL is the most important single number used in the evaluation of government regulatory policies.

Where can we get these values of a statistical life numbers?

The most reliable evidence is based on U.S. labor studies of the extra pay workers get for extra risk.  Suppose, for example, that a worker was paid $900 extra per year to face a risk of 1/10,000. Then, for a group of 10,000 workers, they would be paid $9 million (10,000 × $900) for the one expected death to their group. My current estimates of the VSL in the U.S. place this value at $10 million. Once people understand that the VSL greatly exceeds people’s earnings, the criticism that the approach is immoral generally diminishes. Instead, people wonder how people can value their lives by more than what they make. The reason for this surprisingly large value is that they are not buying out of the prospect of certain death. Instead, the VSL only pertains to very small risks of death that are much less costly to prevent.

What do other countries do? Does this U.S. labor market evidence have any pertinence to them?

Many other countries have also adopted the VSL approach, usually based on studies in which people are asked in interviews how much they are willing to pay for safety. Unfortunately, the VSL estimates that are used outside of the U.S. are very low—far lower than is warranted based on the income levels relative to the U.S. Even countries such as the United Kingdom and Australia greatly undervalue lives, with far greater disparities observed for many low-income countries. In this book, I present an approach for transferring the U.S. estimates to other countries, along with appropriate adjustments for income level differences. The estimates I provide for a wide range of countries will greatly increase the value placed on safety throughout the world.

Are there other factors, like age, that can affect the VSL?

What matters is people’s own willingness to pay to reduce risk. Unlike purported economic measures, such as the cost of death approach, people can still have a high VSL even if they are retired. As it turns out, the VSL rises over people’s lifetime, and then does decline somewhat, but it does not plummet with age. The VSL for those age 65 and over is very similar to that of people in their early 20s. There was a public outcry against the Environmental Protection Agency when it attempted an age adjustment that put “seniors on sale, 37% off.” Unfortunately, this age adjustment was not based on any U.S. labor market evidence but on a more speculative interview study from the United Kingdom. Typically, government policies have impacts across the entire population so that in most instances, relying on an average VSL is all that is needed. 

This whole idea of pricing lives sounds similar what businesses do when they decide how much to spend on product safety improvements. Do they get it right?

Unfortunately, companies historically have underpriced lives as well, as they have focused on how much they have to pay in court after a fatality rather than on how much it is worth to consumers to reduce the risk of death. Companies fell prey to the same cost of death approach that government agencies used to use. Jurors have expressed alarm after reviewing these corporate practices, sometimes levying punitive damages of $100 million or more against companies that have valued lives in this way. The result has been that most companies have abandoned such risk analyses altogether and now keep such deliberations secret, for fear of liability. In my book, I propose that companies adopt the VSL in their product safety decisions and that they be given legal protections to encourage responsible corporate risk analyses.

How is it that setting a finite price on life can provide “guideposts for a safer society?”

A properly set VSL raises rather than reduces the amounts that government agencies throughout the world assign to the prevention of fatality risks. Adoption of this approach for corporate risk decisions likewise would lead to safer products. In this book, I also advocate that the VSL be used to set penalties for regulatory violations leading to fatalities. Doing so would lead to an enormous increase in penalties by, for example, boosting penalties for job safety violations by a factor of 1,000. The courts similarly can use the VSL in both assessing product safety and setting damages in situations where deterring risky behavior is the concern. My proposed expansion of the application of the VSL will provide greater incentives for safety in all these contexts. What is particularly striking is that the single VSL number can serve multiple purposes and set the price on life in so many different situations.

W. Kip Viscusi is the University Distinguished Professor of Law, Economics, and Management at Vanderbilt University. His many books include Economics of Regulation and Antitrust and Fatal Tradeoffs: Public and Private Responsibilities for Risk.

David Vogel on California Greenin’

VogelOver the course of its 150-year history, California has successfully protected its scenic wilderness areas, restricted coastal oil drilling, regulated automobile emissions, preserved coastal access, improved energy efficiency, and, most recently, addressed global climate change. How has this state, more than any other, enacted so many innovative and stringent environmental regulations over such a long period of time? The first comprehensive look at California’s history of environmental leadership, California Greenin’ shows why the Golden State has been at the forefront in setting new environmental standards, often leading the rest of the nation. As environmental policy debates continue to grow more heated, California Greenin’ demonstrates that the Golden State’s impressive record of environmental accomplishments holds lessons not just for the country but for the world.

Why did you decide to focus your book on California?

Much has been written on every aspect of California’s environmental history. Books have been written on the state’s forests and wilderness areas, cars and air pollution in Los Angeles, oil drilling in southern California, the protection of the coast and the San Francisco Bay Area and, most recently, the state’s regulations to improve energy efficiency and stem the risks of global climate change. But no one had ever sought to answer what struck me as a central question, namely why has California long been the nation’s “greenest” state? I wrote this book to answer that question.

What are some important examples of California’s environmental leadership?

California enacted the world’s first emissions controls on automobiles and established the nation’s first coastal protection authority. Yosemite was the first protected wilderness in the United States and by 1890 three of nation’s four national parks were located in the state. California issued the nation’s first energy efficiency standards for appliances and buildings. Its greenhouse gas reduction targets are the most ambitious in the United States. Half of the nation’s rooftop solar installations are in California.

How do you account for the state’s long record of environmental innovation?

It traces back to California’s geography. The “Golden State” has an unusually beautiful natural environment. Its coastal area encompasses the best weather in the United States. It has a long and scenic coastline, miles of sand beaches, and inland there are the granite formations, rivers, lakes and valleys of the Sierra Nevada Mountains. The state’s forests contain the spectacular redwoods and sequoias, the largest and oldest living species on the planet. But every aspect of this attractive environment has been continually threatened by rapid economic development and population growth. It is in response to these threats that Californians have mobilized to protect the environmental amenities that they valued.

What is the “California effect?”

The “California effect” refers to the impact California has had in strengthening environmental protection outside its borders. The most important example is automotive emissions standards These were first introduced in California and then subsequently adopted by the federal government. Virtually all of the important innovations in emissions controls, such unleaded gasoline and the two-way catalytic convertor, originated in California and were then nationally mandated. California’s innovative greenhouse gas emission standards for vehicles were subsequently adopted by the Obama Administration. Significantly, California is the only state permitted by the federal government to issue its own automotive regulations. Other states then have the option of adapting California’s more stringent standards and several states have chosen to do so.

What most surprised you in writing this book?

I was most struck by the role business has played in supporting environmental protection. Business has been traditionally viewed as the main opponent of stronger environmental standards. But in the case of California influential business interests have often actively backed stronger regulations  For example, during the late 19th and early 20th centuries the Southern Pacific Railroad lobbied to protect the sequoias in the Sierra Nevada mountains, while during the mid 20th century, the Los Angeles real estate community led the political struggle to reduce air pollution. Southern California’s shoreline property developers were the main opponents of coastal oil drilling. California’s renewable energy industry and clean tech investors have benefited from and been strong supporters of the state’s climate change initiatives. In sum, many business interests have recognized the economic benefits of placing the state on a greener growth trajectory.   

What practical lessons can other states learn from California?

The United States is a federal system in which states can play important policy roles. They have enormous potential to improve environmental quality. What other states can also learn from California is that regulations are more likely to be supported if they directly improve the quality of life of local communities, provide economic as well as environmental benefits, receive some business 6backing, and are administrated by competent public authorities. California’s example of regulatory leadership can and hopefully should be followed by other states.

What do you hope readers will take away from the book? 

That protecting the environment and growing economically can go hand in hand. Since the 1860s California has consistently enacted the nation’s most stringent, comprehensive and innovative environmental standards and its economy is now the sixth largest in the worlds. Had it not made such vigorous efforts to protect its fragile natural environment, California would now be a much less desirable place to visit, to live to work, and to invest. California’s economy has benefited substantially from its environmental regulations. This can be true for all states as well.

David Vogel is professor emeritus in the Haas School of Business and the Department of Political Science at the University of California, Berkeley. His many books include The Politics of Precaution and The Market for Virtue.