Sarah Conly recently had a full-year sabbatical, which she spent vacationing at the University of St. Andrews in Scotland and in Oaxaca, Mexico. When not engaged in tourism or dining out, Ms. Conly busied herself with writing the next big leftist book.
That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant . . . Over himself, over his body and mind, the individual is sovereign.
Sarah Conly went to Princeton, did her graduate work at Cornell, and teaches Philosophy at Bowdoin. Professor Conly consequently believes that she knows better than you do. She believes that your personal freedom, your right to make your own decisions in areas affecting only yourself is “overrated.” The notion that you are entitled to liberty and autonomy, you see, is based, according to Ms. Conly on grossly exaggerated estimates of your personal competence and rationality.
Ms. Conly can prove that you are an idiot using evidence from psychology and behavioral economics which she concludes demonstrates that most of you out there—the people who don’t get fellowships to St. Andrews or write books while vacationing in Oaxaca—are clueless dolts afflicted with “present bias” and unrealistic optimism. There you have it. Social science proves that you are unworthy and unfit, and that you need the guidance of superior and more enlightened beings, like Sarah O. Conly, to keep you from playing with matches or cutting yourself with sharp objects.
In the Conlyian state, application of coercive force by government is not only desirable, but obligatory, anytime it can be established by the sophistry, calculations, or economic analysis of people like herself that the benefits justify the costs.
How is coercive paternalistic intervention justified? Conly offers four supposed tests: (1) the personal liberty being banned must be genuinely destructive of people’s self-defined long-term ends. (2) The coercive measures must be successful. (3) Their benefits must exceed their costs. (4) The coercive measures under contemplation must be more effective than non-coercive alternatives.
I’m working from Cass Sunstein’s New York Review of Books review, and I do not have Professor Conly’s actual text on-hand. (I’m certainly not going to pay $95 for it either.) But, even without her complete argument in view, it seems obvious to me that her criteria are intrinsically open-ended.
In the case of Number 1, the proposed coercer will always have to usurp the privilege of reading the coercees’ minds and defining those long-term ends. In reality, long-term ends vary, some people would perversely reject long-term ends in favor of short-term ends, and long-term ends may, sometimes, conflict. I think I know that Professor Conly would be disposed, for example, to ban private gun ownership… for all our own good. But owning lots of guns is, in my view, very decidedly part of my long-term ends, and I would reject Professor Conly’s perspective that private ownership of guns is so dangerous that it must inevitably be inimical to my long-term goals of personal survival and public safety. She and I are bound to disagree on item one.
In the case of 2, libertarians like myself would argue that most forms of paternalistic coercion will inevitably prove unsuccessful. Look at Alcohol Prohibition. Look at Drug Prohibition. Look at Immigration Prohibition.
With regard to Number 3, we are bound again to disagree on costs, because it is perfectly obvious that some of us consider the violation of personal autonomy, the elimination of liberties, and coercion generally to represent prohibitive costs per se.
In the case of Number 4, coercion is inevitably always going to be more effective than persuasion. If the Gestapo practices a firm policy of taking anyone caught smoking out, standing him up against a wall, and shooting him, it will definitely do a more effective job of discouraging smoking than any number of public service advertisements about health hazards.
Frankly, philosophically speaking, I think Profesor Conly’s four criteria deserve to fall directly into the departmental waste container labeled: “meaningless, trivial, or simply false.”
I have an equally negative view of her use of “social science” studies, aka bullsh*t, to refute John Stuart Mill. Anybody can prove anything with social science studies.
Professor Conly’s philosophy features also the notable defect that behavioral economics and psychology apply to you and me, the intended victims of her paternalist regime, but not to her and the other Platonic Guardians drafting the regulations.
Quis custodiet ipsos custodes? If man in general is too incompetent and irrational to manage his own life, he is certainly also too incompentent and irrational, too biased and selfish in perspective, too vainglorious and self-important to dictate to others how to live.