Libertarianism CriticizedMagruder sends a quote from
Sean Gleeson via email:
Bestiality is so very wrong not only because using animals sexually is abusive, but because such behavior is profoundly degrading and utterly subversive to the crucial understanding that human beings are unique, special, and of the highest moral worth in the known universe - a concept known as "human exceptionalism."
Within the narrow blinders of libertarianism, laws can only be justified by appeal to an unconsenting victim. Human dignity has no place in the libertarian worldview, and the libertarian is left with no basis to outlaw what he calls "victimless crimes." Prostitution, polygamy, pornography, incest, drug abuse, bestiality, and a host of other crimes, being consensual, must be legal, and that's that.
And this is libertarianism's greatest failing. The libertarians happen to come to the right conclusions on a great many issues of policy, and I am happy to ally with them on those issues. But libertarianism is not an adequate theory of governance.
I say, if you can't think of any reason to "legislate morality," then you should step aside and let someone with some common sense do the legislating. Michael McPhail's dog says so, too.
Gleeson's point is well argued and hits straight to the heart of what most people believe right down to their common-sense bones: that things that are wrong need to be against the law because they are wrong. Well, some things, anyway.
Let's take a look at that by handling the easy ones first: polygamy and incest, sexual crimes that the vast majority of people find so wrong that one is hard-pressed to find a non-libertarian American who would support repealing laws prohibiting them.
Polygamy first. Why is polygamy wrong? Let's spell out the case. If you ask the average person (i.e. the one with "common sense") you will find that it generally comes down to one of two answers: I would not want to share my wife/husband, and "God says so."
The second can be dealt with easily: God does not say so. Paul says that leaders in the church are to be "the husband of one wife" (Ti 1:6) but there is no biblical injunction that declares polygamy universally immoral. In fact, God gave King David multiple wives (2Sam 12:8). Jacob (whom God named Israel and who is the namesake of God's chosen people, Gen 32:28) had two wives, as did Abraham. In each case, such wives were an accepted social custom, and God not only did not interfere but even made allowance for such in the Mosaic law (c.f. Deu 21:15). I do not believe that multiple wives is the wisest or best condition of mankind, but I certainly cannot go beyond what God says and put polygamy on a moral level with, say, adultery, which is everywhere condemned. Now, whether a person would want to share his wife is of course personal preference. If it's not immoral, and no one is forced to do so, why should people who wish to do so be forced against their will not to do so? I would say they should not, and I think God agrees.
How about incest? We must clarify that we are talking about three things specifically here: we are talking about adult incest (parent/child incest cannot have consent and therefore even the libertarian would ban it), we're talking about relations within a certain level of family "closeness" that must be defined, and we're talking about marriage (adultery must be dealt with separately). No one finds 10th cousins marrying to be immoral. No one finds fifth cousins marrying immoral. How about 4th? 3rd? At what point does it become immoral, and why?
Generally it is considered immoral when the odds of having a freak baby increase (first or second cousins). However, as John Stossel
points out:
It's the sort of myth that leads to stupid laws. Half the states in America have banned cousin marriage, but there's no good reason for it. You can marry your cousin and have perfectly intelligent kids.
Take Albert Einstein -- was he intelligent enough for you? His parents were cousins, and he married his cousin. So did Charles Darwin and Queen Victoria. Worldwide, 20 percent of all married couples are cousins...
There is a certian "ick" factor when one considers incest, but that ick factor is again cultural. In ancient Israel, it was considered normal to marry a wife who was close (as close as half-sister - Abraham again, Gen 20:12) on the father's side. This was a real advantage in a patriarchal (extended family) culture, but not so much today. At what point of cultural development did it become immoral? In fact, at what point does the violation of any normative cultural practice become immoral? That's not a trick question, but it is one I'd like an answer to.
Prostitution and drug abuse are the same way, only the case for banning them is even weaker. It is not illegal (though it is immoral) to go down to Twister's on Friday night and take someone home for sex. Is it even *more* immoral if cash exchanges hands? What possible reason can be given to ban the sale of something that is routinely given away for free?
Is it illegal to drink oneself to sleep every night? Such is drug abuse, and is immoral. But if we choose not to make alcohol illegal, then what is the argument for a legal ban to do the same with marijuana, which is far less dangerous than Alcohol (at least as measured by deaths)? Is abusingmarijuana more immoral than abusing alcohol? For what reason (and by what authority) do we ban one but not the other?
What we find, I think, is that things are banned not just because they are immoral but because they are unusual, because a majority finds the performance of them to be odd or scary in addition to being immoral. But if we are not banning all immorality, or even similar immorality, then we are simply banning the wierd. And it is the banning of the wierd that libertarians wind up mostly fighting against.
That leaves us with bestiality. Gleeson has already put out the "abusive" argument, so that leaves us with the argument that such must be banned because it is inherently degrading to the person doing it (first paragraph). I would agree that it is that, no doubt. Now, is everything that is degrading to the self banned? How about sex with roast beef? Sex with food items is certainly as degrading as sex with animals. How about sado-masochism or coprophilia, which are designed to be degrading? If bestiality is not to be banned because it is abusive to the animal but because it is degrading, and if we are not willing to ban everything that is degrading (such would be a totalitarian's wet dream, if you'll pardon the phrase) then why are we banning it? For cultural reasons again? Because the majority find it so degrading (to someone else) that they are willing to use the power of law to keep someone else from doing it. Or rather they find the idea so degrading. 10-1 that most people have never seen the practice. Washington banned the practice only this year. Why? Because it's not really a societal problem; it's a disgusting novelty.
The difference between a conservative like Gleeson and a libertarian like me is that he sees the law as a means to shape human beings into their surrounding culture. He would ban polygamy, but that is cultural. Incest, but that (at least in its most common form) is cultural. Drug abuse for certain drugs, cultural, sex where money changes hands, cultural. It is not the immorality that is the issue, but a certain level of "common sense" immorality that is nearly indistinguishable from cultural preference. And if one is simply going to allow cultural preference to be enforced by law, then one ought to forget about individual rights altogether.
The libertarian on the other hand limits the use of force, the law, to prohibiting and punishing behaviors that are overtly or negligently injurious to others (parent/child incest, rape, murder, theft). It considers the adult responsible to himself in matters that primarily affect only himself, and counts on personal and cultural morality (conscience and religion) to inhibit the individual in areas where he may only harm or degrade himself. The libertarian limits government, which is more dangerous than sex with roast beef, in order to limit the damage humans can do to each other. The side effect is that humans are left to do damage to themselves, subject to non-coercive cultural and religious pressure. But that is a very Christian thing to do. As Paul said:
I have written unto you not to keep company with any brother who is sexually immoral, or covetous, or an idolater, or a mischief-maker, or a drunkard, or an extortioner; with such do not even eat. For what have I to do with judging those that are outside the church? Do you not rather judge those that are within? But those who are outside God judges. Therefore put that wicked person away from yourselves.
-- 1Cor 5:11-13
The question I always ask is this: if bestiality were legal, would you spend your evenings in the barn? If polygamy were legal, would you take another wife? If prostitution were legal, would you be or frequent a hooker? In each case the answer is "of course not...those rules are for other people, because they don't know how to run their own lives."
Which is precisely the same thing the communist, the socialist, the environmentalist, the feminist, every totalitarian who seeks to use the law to remake society, says about them.