The Agenda & the Stakes—Draft I, Part 2

Some Propositions to Reform the Electoral Process

As reflected in the competing proposals below, my libertarian ethos has not yet provided me with a clear sense of direction on the best way to run an election; to date, I am left with the sense no system is perfect but something seems to have gone wrong in US elections in a way that is not true of many other countries such as the UK because a critical degree of accountability has been lost, especially when control of the House, Senate, and/or Presidency are divided.  These proposals are worded as changes to the current law governing US elections.

  • Electoral districts shall be abolished in favor of a single-transferable-vote or other proportional voting system.
  • The first-past-the-post voting system shall be abolished in favor of an instant-runoff voting system.
  • Electoral districts shall be redrawn following each census based on a formula intended to minimize the number of “wasted votes” within each jurisdiction based on the results of elections in the preceding decade.
  • Electoral districts shall be redrawn following each census based on a formula intended to minimize the variance of geographic district shape.
  • Boundaries between contiguous states shall be disregarded in redrawing federal electoral districts.
  • The office of Vice-President shall be abolished.
  • If a President dies, becomes incapacitated, resigns, or otherwise leaves office more than eight months prior to the end of her or his term, she or he shall be replaced in a special election.
  • The electoral college shall be abolished, and the President elected directly.
  • The electoral college shall be abolished, and the President elected for four-year terms by the House of Representatives.
  • The electoral college shall be abolished, and the House of Representatives shall have the power to elect and recall the President as it sees fit.
  • The Senate shall be abolished.
  • Direct election of Senators shall be abolished, and Senators elected by the governments of their respective States.
  • No person may run for any elected office who has ever held any elected office before.
  • No person may run for any elected office within any government who has ever held any elected office in the same government before.
  • No person may run for more than one term in any elected office.
  • No person may run for more than one term in any elected executive office.
  • No person may run for more than three terms in any elected legislative office.
  • No person may run for any elected office who has ever served as a judge.
  • A US Representative’s single term in office shall be 4 (or 6) years.
  • A Senators’ single term in office shall be 10 years.
  • The term of the President shall be lengthened to 6 (or 8) years.

The Agenda & the Stakes—Draft I, Part 1

Today, permit me to try taking advantage of the informality of the blogging format by taking an aside to brainstorm and offer some hypotheses for discussion.  At least partly it is because I want to explain why I am now, and doubtless again will in the future, delving into methodology, arcane branches of philosophy, and even religion:  Not only because I believe it to be the truth, but because the stakes are so high in all of the social and natural sciences.  Perhaps most critically for this blog, given its focus on political economy, is to remember how fundamental to the quality, meaning, and moral worth of all our lives, the social order—and especially the government’s power of tyranny—are to them.

As a way of illustrating this point, and hopefully as a way of interesting and helping those of you who care passionately about the social conclusions and questions of this blog to invest yourselves in it, I want to provide some indication of where this long and winding methodological road leads, and how I can possibly be preparing to pull conclusions and arguments about what society should look like, Phoenix-like, from the epistemological ashes of humility and Original Sin.

Writing this now, the best way I can summarize what I am trying to explore and answer here is in two general questions:

What does a truly libertarian society look like?

—and its corollary—

 What separates a citizen from a slave?

 

As a first, informal, and incomplete effort to answer these general questions, I would offer the following relatively specific propositions, which as a form of shorthand, might be summarized as rights I believe to be, or wonder if they are, encompassed by the US Declaration of Independence and the Ninth and Tenth Amendments to the US Constitution—that is, rights not specifically enumerated (or not as fully elaborated) in the first 8 Amendments.  This is my starting point, not because I assume or expect anyone else to assume there is anything magical or uniquely appropriate in any formulation of rights drafted by committees and edited by legislatures, but because this formulation is the fundamental law of my country, as familiar to me as the street I live on, and as carefully considered by me as a lawyer than any other formulation.  These are preliminarily arranged by topics or themes below as a starting point for analysis, but many of them could fairly be assigned to different categories.

Some fundamental moral propositions

  • As individuals, we are fundamentally innocent of the wrongdoing of other individuals, and are responsible solely for our own behavior.
  • But as members of society, we are automatically complicit in every act and proscription we tolerate to be taken in our name.

Some propositions to expand the individual liberties enumerated in the Bill of Rights

  • Citizens have the right to bear and maintain arms sufficient to pose a credible and constant threat of revolution against tyranny, and each government must train every citizen who asks in the responsible use of all classes of legal weapons before imposing any liability based on the possession, use, or commission of specific acts with any class of weaponry.

Some propositions to restore the fundamental protections of the jury and the common law

  • No one shall be convicted of any crime within the US without proof of actual harm to another person’s life, liberty, or property [or in the case of treason, to the state] resulting proximately from the defendant’s actions as a separate element in each offense charged.
  • No one shall be convicted of any crime within the US without proof of actual (not imputed or constructive) mental culpability as a separate element in each offense charged.
  • No one shall be convicted of any crime within the US except by a jury of at least 12 citizens, drawn from an initial pool of at least 36, with the defendant getting 3 peremptory strikes for every 2 peremptory strikes by the state after all strikes for cause have been exhausted.
  • No juror shall be asked to serve on any jury panel without full replacement of any wages or salary they earn as an employee, or in the case of any stay-at-home parent or any business owner playing a critical role in the operation of their business, without sufficient compensation to provide for the appropriate care of their children or business. No juror shall be paid less than the highest of any minimum wage prescribed by law within the jurisdiction where the venireman is called, regardless of their economic or personal situation.
  • No mandatory or suggested sentence or range of sentences based on circumstances of a particular violation (as opposed to the specific violation with specific elements defined by law) may be imposed by any legislative body.
  • No sentence shall be imposed by any judge without ratification thereof by a jury.

Hubris, Original Sin, and Heuristics II: Methodology and Uncertainty

The Task.  Here I set aside my daily life, my social roles, the narrowly professional scope of my training to undertake the philosopher’s task:  to start from nothing and understand everything.

I can, and indeed must, stand on the shoulders of the billions of students and teachers who have come before me:  family, friends, professionals, artists, academics, prophets.  I shall make the best use I can of every idea, tool, record, and inspiration I can find they have left behind; but to the limit of my ability I shall not accept or reject anything without consideration and as much understanding as I can muster.

Even with hundreds of years of enlightenment, thousands of history, and millions of evolution, to help me and perhaps inherent in me, I can only hope the philosopher’s task is merely audacious rather than vain; but for me, it is necessary.

We—or at least I—am not great enough to comprehend everything at once.  I believe now that is the sole province of God; and to be human is to be essentially limited.  Being merely human, I must take philosophy one step at a time, breaking the task into pieces I can hope to manage.

Experience suggests the obvious place to start any task is at the beginning, with the first step.  Logic suggests conclusions can only be as sound as the original premises or principles they proceed from, and the method by which they are derived.  I believe this makes sense; but it leaves me with the difficulty of identifying the original principles and the root method.

The Middle.  The challenge is profound; and compounded because surely I do not stand at the beginning.   Instead, I must be deep in the middle—of learning, of life, of science and art, of history, of evolution.  I cannot even clearly imagine, let alone reason back to or perceive, the beginning… can I?

The beginning—my beginning—is lost in the past.  And despite the extraordinary progress of technology and science, I doubt they may ever permit us to record for anyone’s later reference, each step in the evolution of their worldview and understanding (unless somehow science and technology can jump the bridge between the subjective and objective, which at least now, I suspect may prove to be impossible).

How could one possibly begin with one’s own beginnings?  Today, and very likely forever, we cannot even tell for certain when human existence begins (or even life itself, other than by reference to objective definitions), let alone the soul.  If not as a categorical matter, how possibly as an individual experience?  I can remember almost nothing from before a certain age; and when memory begins, it is for all but a handful of people, spotty, piecemeal, and structured in a manner other than chronological or formally deductive.  Babies, even weeks after birth, may be outraged when they pull their own hair because they don’t yet understand what their hand is pulling on is their own hair—and they don’t yet understand they are moving and grasping anything with their own hand!  It takes weeks and months to sort out that one has a body, that there is something beyond one’s body, that acting in the most basic and physical ways has consequences, however simple and uneventful.  This learning process doesn’t reach fruition automatically, or even in a time period measurable in minutes or hours or days.  Simply for a child to roll over, to push up with their arms from the ground, long before she can even walk, the baby has to learn a thousand prerequisite principles, and at least an essential or working knowledge of sensation, motor control, time, space, and the limits of their own body.

On one level it seems natural that when sitting up or standing are extraordinary achievements, examining one’s nature, identity, life, and meaning are things many people don’t prioritize, or indeed may actively avoid.  But the more important conclusion is surely that if a baby can achieve so very and extraordinarily much, in so brief a time, what we can achieve in adults within the human lifespan must be truly amazing!  And, we should try our best to do so.

Even the most theoretical physicists and clergy must construct an interpretation of the past based on observation and inference, mustn’t they?  Unfortunately, although I believe they are not only useful, but necessary, inference and observation are categorically and necessarily flawed, in a way epistemologists cannot bear to contemplate but small children understand and experience.

For methodology, the implication is that one cannot possibly, truly start any analysis at the beginning because (1) we cannot remember the beginnings of our own analysis, and probably it would be impossible to do so; (2) probably, we cannot practically reconstruct the beginnings of our own analysis because there are so many thousands or millions of steps from whatever the first principles actually are, until we even arrive at a point where we can conceive of original premises; and (3) probably, there is a point (which I am not persuaded anyone can yet identify, but probably somewhere between the instant of conception and the time of birth) where whatever is happening as we learn changes fundamentally in nature from the objective to the subjective.

As an imperfect analogy to illustrate this third point, one might compare human development and learning to hardware and software.  Software, which one might compare imperfectly (but simply for purposes of illustration) to the mind, is a language based on deductive reasoning structures.  Hardware, which one might compare equally imperfectly to the brain, is a physical construct.  Similarly comparing life to our conscious efforts, we may assemble, shape, or at least affect materials from the world around us using our empirical observations about the qualities of their constituent materials and how they react to stimuli, to create logical pathways.  Miraculously, when silicon and other trace elements are arranged into very complex patterns, they create channels that can support and express at least an electrical analogy to reason in the form of software.

Inference.  For centuries children have frustrated their parents’ reliance on inference by repeating the question “Why?” in response to every explanation.  There is always a practical (and frequently an emotional) end to this line of questioning; but never a logical, categorical, necessary, or sufficient one.  Arguably the greatest methodological dispute in history is between rationalists and empiricists.  Surely it persists, at a minimum, because we sense each position is useless without the other:  induction is inarguable and practical, but inherently passive, essentially objective, limited to correlation, and statistical; whereas deduction is logical, powerful, essentially subjective, causal, and goal-oriented, but untethered and either indeterminate or internally inconsistent.

Or to take things a step further, induction and deduction may require one another.  If formal logic is intuitive, does that make it natural or only genetically-determined?  More importantly, it seems unlikely if it were intuitive, it would be the subject of college courses with, effectively, a prerequisite of a generation of life and a decade of formal education.  Like many people, I have struggled my whole life to understand the world around me; but it took decades to even begin understanding myself, and perhaps it even took 20 years to begin to perceive my true self, or its existence.  If arriving at logic has so many prerequisites, how can we not suspect that each element of formal logic is something we accept only because empirical induction persuades us to accept it?  Conversely, as deceptively simple as the notion of induction is, it is a notion we question, study, and test; and perhaps more profoundly, only correlation, and at the outermost limit perhaps temporal sequence—not causation—can be observed or tested.  The human mind may take many empirical experiences for granted—people acted as if an unsupported object would fall for millennia before Isaac Newton stopped to ask “what’s going on here?”—but the human mind seems to search for some kind of meaning, and perhaps utility or purpose, in the world around it, and even when a particular phenomenon is unquestioned, people necessarily make sense of it, or at least make use of it because they are living their lives in its presence—and either course seems to embrace and rely on induction.

To step back a step, in a page and a half of trying to understand where I can begin, I’ve relied on (or at least considered) dozens of concepts that most of us don’t even have the vocabulary or background to study until adolescence or adulthood.  Along the same lines, developmental theorists struggle to even understand what mental understanding the human brain is even capable of supporting in different phases.  Rightly (showing how difficult it is to think about first principles until we are educated and acculturated to do so) or wrongly (showing how impossible it is to fully comprehend or even remember or perceive our own past), developmental theory seems to indicate that faculties are added and improved from conception to about 25 years of age; implying that we are capable of more profound understanding only deep into our learning and development cycle (even if the rate of improvement and acquisition of understanding is steadily decreasing).  And, perhaps, suggesting reason and sense themselves are only permitted by, and conversely must necessarily be limited by, our biology.

Observation.  Although adults may understand and appreciate it more fully than children, most of us can remember, probably back into childhood, the difficulty of distinguishing between dreams and reality.  Indeed, researchers of young children have posited that young children are incapable of distinguishing between reality and dreams.  I, and apparently many others, can remember believing a dream is real, experiencing a dream as reality, and even waking up and not immediately being able to distinguish between what is real and what is a dream.  In the twilight between dreaming and reality I have experienced, and many others have reported, that even after awaking one may still be unsure how much is real and how much is a dream, until…. Well, perhaps, until the experience of the dream fades and the experience of reality is in front of them.  But maybe this suggests not that the difference between reality and dreaming is clear; only that whatever we are experiencing, seems real to us.

One may make observations about the objective world, or the subjective one.  Perhaps for the moment I may assume all of us, through our experiences with the follies of others (and in moments when we may admit them, of ourselves) are aware of how tricky and unreliable our observations about subjective experiences and meaning can be.  But I suspect it is harder to hang onto the trickiness and unreliability of observations about objective experiences because we are mediated from them and thus from inconsistent perspectives about them, in a way we are not from subjective observations.

To me, for whatever reason, it is often helpful to remember two things to recognize the difficulty in understanding observations of the objective world, and the deeper question of their validity as sometimes claimed by some proponents of radical empiricism and scientific method.  First, is the contrast between what we perceive as and intuitively accept as the baby’s immediate and very real experience of pain when it pulls its own hair, and the mechanisms (at least two of them—motor control and sensation) connecting the baby’s consciousness to the world which are necessary for the baby to experience subjective pain in relation to an objective event.  The world comes to us and affects us, imperfectly, through our senses and sensory nerves; and we go to and affect it, as imperfectly, through our motor neurons.  One may call the preceding description a subjective one, from the perspective of the baby’s experience.  Second, by contrast, attempting to observe or explain the same process from an objective viewpoint, might begin with the comparison often made between the brain studied by neuroscience, and the mind studied by psychology, which to be generous to a discipline, might both be studied by psychiatry.  From this perspective, it is the subjective experience of the person that is at arms’ length, and often doubted altogether as a valid or real or meaningful point of view.