Why I am Suspicious of Immigration Restrictionists -- They Have Been Wrong So Many Times in History

From Eugenics and Economics in the Progressive Era by Thomas C. Leonard (link via Don Boudreaux, I think).

It was a scholarly fashion, circa 1890, to declare the U.S. frontier “closed” and to sound a Malthusian alarm about excess American population growth. But the professional economists who wrote on immigration increasingly emphasized not the quantity of immigrants, but their quality. “If we could leave out of account the question of race and eugenics,” Irving Fisher (1921, pp. 226–227) said in his presidential address to the Eugenics Research Association, “I should, as an economist, be inclined to the view that unrestricted immigration . . . is economically advantageous to the country as a whole . . . .” But, cautioned Fisher, “the core of the problem of immigration is . . . one of race and eugenics,” the problem of the Anglo-Saxon racial stock being overwhelmed by racially inferior “defectives, delinquents and dependents.”

Fear and dislike of immigrants certainly were not new in the Progressive Era. But leading professional economists were among the first to provide scientific respectability for immigration restriction on racial grounds.2 They justified racebased immigration restriction as a remedy for “race suicide,” a Progressive Era term for the process by which racially superior stock (“natives”) is outbred by a more prolific, but racially inferior stock (immigrants).

Note that the authors of the time were not using race as we do -- by "other races" whose immigration into the US was going to destroy us, they meant Southern Italy, Russia, Austria, Hungary, and the rest of Eastern Europe.   Fifty years earlier, they would have meant the Irish.   All of who we would today consider part of the backbone of America.  Why do we have to take these ideas seriously today when they have been wrong so consistently in the past?

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FIRST you have to put a block on their ability to get in WITHOUT paying such a bond...

Oh, wait, you're arguing that the USA ***has no right to do any such thing at all***.

TROLL.

Like your thinking Swami.

One problem is that many joes on the street seem to argue from some form of racist or eugenics point of view. So, I get Warren's point.

That said, the world is too asymmetrical to even get close to open borders, as Warren advocates.

The libertarian theory of free movement of people runs into the brick wall of human behavior and psyche.

Put it to the test with this thought experiment...if we set the doors wide open, as libertarian theory would suggest, we would surely see a surge of what, 300M, 700M, perhaps >1B people (still only 15% of world population) within a few years?

Human intuition says that even 300M (double our current one) would be overwhelming.

My biggest worry is how it would create political and societal chaos.,,

The shock would be difficult for the existing population to handle. Psychologically, can it, realistically?

Warren and advocates of open migration ought to outline the parameters and answer some basic questions so we are not just arguing the theory, but the reality.

Just a few of those questions...

Do all immigrants get a vote? If not immediately, when and how do they qualify? What is the likely impact on elections? How would the current population react? Would this all likely advance or regress libertarian causes?

Can the welfare system be sustained? Good riddance, we may say. But, how would the ones most dependent on it now react if it suddenly isn't?

And, can we (current population) live with the visible level of poverty we will be faced with (unlikely that many people will be financially able to live to our current "poverty level")?

With the sudden new supply of labor (both low and high skilled), how will everyone react to that level of competition? How will the many who would then face economic upheaval react?

Will there be any filter to keep out suspected spys or terrorists? If not, as theory would suggest, would our resources be able to handle a potential (probable?) surge in these types of people? If so, how will that work under open borders?

Can Law Enforcement even grow to meet the new scale and maintain integrity? How?

What will be the reaction if a "large scale terrorist event" happens?

These (and many other) problems and their potential solutions would suddenly upend peoples' sense what is "normal".

It is the type of scenario that would make people look for politically extreme answers, ones that could well make Bernie Sanders and Donald Trump look tame.

It is not all nightmarish. There would have to be some economic surge to house, clothe, feed all these people. To take advantage of the now very cheap labor factories will relocate back to the US. Building out all that capacity and related infrastructure would be enormous.

How would other countries react? With a sudden brain drain, would they open their borders too?

Still, the transition would be enormously disruptive, and it seems doubtful that we could survive it with a country that maintains the freedoms we do have, today, intact.

Thanks for the link... interesting read.

The issue in this debate is that we are arguing on different planes. I haven't thoroughly searched this blog, but in following it for some time, I don't think I've come across a comprehensive proposal for how we get "from here to there" from Warren.

I'd like to see that, rather than arguing against the standard theory of open borders and a whole bunch of assumptions about how it is implemented.

It is something that is certainly not achievable in the near term, and I'd like to see some major changes in the world before I'd think it would work, not unlike the conditions that brought about something close to this within the EU.

Then, I think we could have a respectful discussion rather than verbally flailing and cussing, as some of us are wont.

He's getting better at trolling us. A couple weeks ago he pretended not to know the difference between the Berlin wall and our border fence with Mexico.

I heartily endorse (4) as the ideal solution, but it will likely never happen. (heavy sigh) Unfortunately, this does seem to be a great weakness of democratic forms of government. Politicians long ago recognized the profit potential in setting up a crony system of concentrated benefits paid with distributed costs.

I would also endorse (1) as a reasonable intermediate step. I guess my personal belief is that we should have a close to unlimited (in #) worker visa program that is not on a citizenship path and is restricted from receiving, or paying into, citizenship based entitlements and welfare programs. I suppose it is not quite open borders, but it does largely address the security and economic concerns while opening the way for greater freedom of travel and commerce at the individual level.

In my mind (2) and (3) are only fair if the immigrants also get access to the systems they are helping to pay for. I believe some imperfect partial combination of (1,2,3) could happen eventually, but we would have to get past the simplification of calling every reform proposal "amnesty". (Or at least be more interested in solving a problem over retaining the issue for votes...)

I imagine the spectrum you are asking about looks more like a ring, each person pointing the finger at their neighbor. Whether they point left or right, they will tell you it is right. (Who is to say otherwise? Even the basic axioms can't be agreed on!)

I suppose the libertarians are different though. They have chained themselves to the pyre in the center, righteous and self immolating, accusing everyone else of hypocrisy. (They took the Pepsi Challenge! They tried New Coke! And they tell you: "It all tastes the same... there's no difference at all?")

I agree. A social change of this magnitude would be an unprecedented social experiment. To fall back on foundational principles is simply sloppy logic.

I fully support the heuristic of open immigration. To experiment and learn the benefits, costs, risks and rewards of large increases in immigration, I recommend the libertarian creation of managed charter cities and the creation of a decentralized, citizen-led immigrant sponsorship programs.

Citizen sponsorship, with personal liability on the line, might be interesting.

There is an existing heuristic...the EU. One challenge with the isolated experiment approach can be seen with the Syrian refugees to the EU. Once in, travel within the EU is rather free and open. Not sure how this gets mitigated.

Yeah, the idea of sponsorship is that some entity creates a matching system where families or individuals can sign up for immigration. Families, communities, churches or businesses or whatever could screen applicants and sponsor them. The sponsoring party is responsible for helping them out as needed until such a time as they can transition to full citizenship. Details would be worked out via rational discussion and most importantly via experimentation, trial and error and basic cultural evolution (variation, selection and replication).

It is simply a step in the proper direction.

The other idea is enterprise zones along the border (or wherever). Extablish partial citizenship zones where immigrants can apply to enter and build their own city using the rule of law and institutions borrowed from the host country. To the extent the enterprise zone flourishes, more immigrants would apply to enter. If it flopped it would die a natural death.

Even if they are bad ideas (most new ideas are flops), these are the kinds of things libertarians should be working on rather than the empty rhetoric of "you are a racist poo poo head if you don't agree to unlimited immigration regardless of the results."

Libertarians, from a practical standpoint, are an embarassing group. They need to put down the philosophy papers and start making a better pragmatic world with institutions which reflect their values.

Thanks for elaborating. It certainly fits with the creative destruction concept inherent in capitalism (most new ideas flop).

Would not go so far as to say the libertarians are embarrassing, as they put forth something more coherent, consistent than most (think Bernie Sanders, Donald Trump, etc). But they do operate in the realm of the theoretical, and so it is easier to criticize based on that standard, but hard to come up with a solution that gets us from here to there.

Really? That's almost kind of funny, in a weird, tragic, ahistorical way. Which brings to mind another of my problems with libertarianism: the historical illiteracy.

No country has a moral right to stop people from living and traveling where they want. But I'll take a special tax or a special bond over total prohibition, just like I'd argue a tax on alcohol is better than prohibition of alcohol.

You haven't explained why an especially large wave of immigration is particularly meaningful. People arguing for lax immigration rules realize that it will likely result in larger numbers of immigrants.

Free movement isn't charity. Right now, there are billions of people in the world engaging in commerce or employment. You are not committing an act of charity to every other adult human by failing to arrest them for their participation in the free market. The free market is their right, and all you need to do is not obstruct them. Non-obstruction is not charity.

You are arguing for obstruction, not for an end to charity. I am arguing for an end to obstruction, without regard to charity.

Repeated economic studies have shown the vast majority of workers experience net gains due to immigration. The arguable exception is previous immigrants, since they tend to have similar skill levels to newer immigrants.

It's common to think of workers as substitutions, as though each job is a static thing, and either that job goes to a native or a foreigner. But migrant jobs are often complements, rather than substitutions. So when migrants come in, that creates opportunities for comparatively low-education and low-skill natives to manage those migrants. Typically, the natives have language and cultural skills that make them a better fit for overseeing the work of migrants.

In this way, many academic studies have shown that the net employment of migrants is positive for natives, not negative. I realize the free market is counter-intuitive, but this is general consensus of academics and experts.

Technically, if you let in workers and don't exempt them from the income tax, then they will be paying into various welfare programs. Over time, more and more Social Security and Medicare will be covered by bond payments from the general federal revenue. You can't really separate the two, since the government has done so much to entwine the finances.

I can see the positive side of compromise positions short of the ideal, which is laissez-faire individual choice. So racist or nationalist discrimination in regards to welfare or taxes is a less-bad alternative to discriminatory prohibition of movement.

"Quite an accomplishment! The natives are being out-competed by people with worse skills."

Is that not how outsourcing and other substitutional goods work? If we put pay and quality on a relative scale you can get 100% quality at 100% of the price, or you can pay 40% price for 70% of the quality. That sort of philosophy isn't useful for building sound bridges, but it does seem to keep McDonalds in business.

I agree with the first part of your statement though. It is a stretch to lay the prosperity of the 1930-65 at the feet of an immigration policy when one considers WWII and its aftermath had far more profound economic effects.

I concede your point about income taxes. If people aren't being paid under the table, immigrants are doing about as much any other taxpayer to fund the entitlement burden to the extent they are paid by income taxes.

I guess when its all laid out I'm a unicorn hunter as well. I find most forms of taxation morally objectionable, income and property taxes being at the top of the list, so I hesitate to argue for more of it. Ideally those taxes would be abolished for everyone in favor of something that can't be as easily gamed by politicians for class warfare purposes like a one-rate national sales tax for all goods and services. But I suppose even then your point isn't really diminished.

Hmm. I'll have to think on this aspect more in relation to the immigration issue.

It gets simpler if you treat national origin like race or religion. In areas where you wouldn't discriminate on the basis of those things, then you also probably shouldn't discriminate on the basis of national origin.

I'll set citizenship to the side, since membership in a club or a country is subject to different, statist rules. But no substantive rights should hinge on being a citizen.

I part company with the "true" libertarians on immigration. As Milton Friedman noted, you can have open borders or you can have a welfare state, but you cannot have both simultaneously. Germany, Sweden, and the rest are finding that out.

Second, this wave of immigrants comes from tribal societies. They have neither the ability, interest, or culture to assimilate. We can see that with the Somalians in Minneapolis and the Muslims in their "no go" areas of Paris and the suburbs. The Somalian taxi drivers have refused passage to Americans carrying alcohol. Now, we have truck drivers refusing to deliver alcohol and the government just supported a $240k settlement from the trucking companies. That is outrageous. It is not accommodation. It is surrender to Sharia.

Unfortunately, it's not just an issue of public versus private enforcement. It's an issue of the government creating bad immigration policies and setting arbitrary immigration caps on the number of people allowed in the country. The free market response is "we should take in as many immigrants as the market can bear." How do bureaucrats and politicians know this number? Is central planning suddenly a good idea when it's used to keep immigrants out?

You continue to desperately say any ridiculous thing to defend your insanely ludicrous statist immigration beliefs.

I don't know how you can be so fucking insulting, condescending, and needlessly and gratuitously off topic and accuse anyone else of being a troll.

You call him intellectually honest and spot-on on most things, and then say that you have some problems with libertarianism. Maybe that's why you don't understand his beliefs on immigration.

You arrive at the same conclusions he does for different reasons. He arrives at this conclusion on immigration by virtue of his free market principles, which you clearly do not share in many regards, and then you act so confused as to why he can be so wrong. Did it perhaps occur to you that he's consistently applying his beliefs and you're not? Or that your beliefs are muddled and poorly constructed and that's why you haven't arrived at the same conclusion? Or that you just don't care that much about free markets and he does?

The economic arguments lend themselves more to open borders than closed ones. Do you care about the economic arguments?

You don't need to be an anarchist to understand that 1) using state force to keep peaceful people from trading is anti-libertarian, 2) that erecting a massive state bureaucracy and imposing numerous regulations on private businesses (like E-Verify) to keep immigrants out is anti-libertarian, and 3) that the economic arguments for open or at least liberalized immigration are persuasive and the economic protectionist ones are not.

So, I have to really ask why you consider yourself a libertarian, which fundamentally advocates the maxim of individual liberty, if you can so blindly support some or all of these above characteristics of our immigration policies.

Did you ignore the quote he responded to or do you just want to change the argument? I'll blockquote it for you.

the influx of a population resistant to assimilation makes the current influx of aliens entirely distinct from historical immigrations

Specifically, jhertz wants to know why Tanuki thinks this is true. He's not "ignoring" welfare. He's focusing on the part of Tanuki's post that he finds objectionable. Perhaps you should conclude from that that he agrees or at least doesn't obviously object to the point about welfare, but does disagree with this particular statement.

I know you think your NYT chart is conclusive proof of something, but I recently heard this argument, which Jason Riley of the WSJ has made repeatedly in various forms:

During its peak, in the 1990s, the U.S. was receiving 1.5 immigrants (legal and illegal) from Mexico each year per 1,000 U.S. residents. By contrast, reports Dan Griswold of the Cato Institute, in the middle of the 19th century the U.S. absorbed an average of 3.6 Irish immigrants per 1,000 U.S. residents annually. From 1840 to 1890, the rate of German immigration was greater in every decade than the current flow of Mexicans. And from 1901 to 1910, Italian, Russian and Austro-Hungarian immigration each surpassed the current rate of Mexican immigration.

http://incharacter.org/pro-con/raising-arizona/

So not only does "high immigration" not frighten people urging higher immigration, but this recent wave isn't even proportionately the biggest. It's proportionately not even half as large as the Irish rate.

The likelier scenario is that high immigration is likely to drown the welfare state, rather than thinking that the population will just allow cash transfers at the same rate. It's unlikely that people will continue to want high welfare levels under conditions of high immigration. And in any case, if the cost is high, then the government can always cap it. This happens even in blue states and cities that run out of money - they are forced to scale back programs, social spending, etc.

Note that the New Deal occurred more than a decade after they placed racial/national restrictions on immigration. In other words, make-work jobs and welfare were more popular 12 to 15 years into an immigration freeze.

I think you are confusing "agrees with me" and "intellectually honest." People can disagree with you, even strongly, and think your position is tainted by association with racists, nationalists and xenophobes, and yet still be intellectually honest. And people can agree with you yet be intellectually dishonest.

In this case, it's a simple question. Why shouldn't people be skeptical of the policy prescriptions of the restrictionists when their position was wrong in the past?

It's not trolling. If the interests of the majority can justify arresting immigrants, then the interests of the majority can justify arresting emigrants. That's what democracy is without liberty, the utilitarian majority doing whatever is needed without regard to the rights and prerogatives of the minority.

The main difference is that most restrictionists refuse (at first) to admit that they want to restrict immigration for the sake of the majority's interests. But once they admit that, there's never a clear reason given to explain why emigrants have a right to resist the majority but immigrants do not. At some point, you hit intellectual bedrock and either get a flat assertion of "they are different" with no distinction clearly explained, or else a frothy pile of insults to camouflage the lack of any philosophical response.

Why do you bother to differentiate anarchists from libertarians? Libertarian means people should not initiate coercion except to defend against fraud or force. I don't propose widescale Stalinist or McCarthyite purging of heretic libertarians from the definition of libertarianism, but minarchism has a lesser claim to libertarianism than anarchism does - just on the basis of the NAP.

So the entire country is a family? I suppose that Obama is the father and jail is being grounded and taxes are just doing our chores?

Moving across an international border shouldn't matter more than crossing a state border. If you support people moving from Rhode Island to Massachusetts, does that mean you have to be willing to let the entire population of Providence move into your basement? No, of course not. You're being silly. You do not own Massachusetts, and do not get to exclude Rhode Islanders from there. If they can find a house seller or a landlord in Mass, then they are allowed to move there.

Nobody needs nor wants your opinion on whether someone in Providence can move to Boston, and neither should someone in Windsor need your permission slip to rent a place in Detroit.

This is an interesting spin on philosophical inconsistency. Rather than being contradictory (or, in some cases, hypocritical), it's free-thinking experimentation. Except how would this not also apply to supporting industrial cartels, or eugenics laws, or speech codes, or established religions. You could literally say that any one of these philosophical departures is "thinking for yourself" rather than "refusing to be philosophicaly consistent."

Most libertarians target philosophical consistency. If you are not someone who makes consistency a prime value, then you probably have trouble grasping it. But there's no need to be condescending about it.

Wait, you're making a specious claim of tragedy of the commons to justify big government and more arrests? Are you sure you aren't a progressive? Do you have a Bernie sticker somewhere?

Tragedy of the commons refers to unowned property being poorly managed and poorly exploited. And the best solution is non-common ownership. It's ridiculous to say that letting private employers and private landlords hire and lease to immigrants is a degradation of private property. It'd only be a commons issue if immigrants were coming to camp in parks or public land, not if they are coming to rent houses and apartments.

Which part of the logic is sloppy? Which premise or conclusion is unfounded?

Question: Person wants to live in Place, does Person have a right to live in Place?

ASSUME: Living in Place will be consensual and without force or fraud toward others. (peacefulness)
ASSUME: People have the right to do anything that is consensual and does not involve force or fraud against others. (libertarianism)
ASSUME: Person has all the same rights as other people. (universalism)
THEREFORE: Person has a right to live in Place. (open borders)

You can say you don't accept the premises, but you can't say that the premises of peaceful migrants, libertarianism and universalism don't logically lead to open borders. Logic does not mean an argument is right; logic means that the conclusion flows from the premised assumptions.

You might alter the libertarianism premise to something like "People have the right to do anything that is lawful and that is good for the majority (utilitarianism)" or you might alter universalism to "Person has all the same rights as other citizens of Person's country (nationalism)" but these do not impugn the logic. You've substituted premises, but not shown a flaw in the logic of libertarian open borders.

You and I have been down this path before. Your claim is nonsensical. In essence, your plan is to shortchange Americans so that we can cover more of the migrants, illegals, and people that should never be here.

Never, ever forget that FDR and his new deal prolonged the depression, not shortened it. The panic of 1922, which was worse, was over in a short time and expansion went from there.. No one has ever claimed, as you seem to be doing, the immigration restrictions caused the depression. The best response would be that if we had more out of work immigrants, we would have had more "make work" jobs. Wow, you are plowing new ground now.

I fully support the heuristic of open immigration. To experiment and
learn the benefits, costs, risks and rewards of large increases in
immigration, I recommend the libertarian creation of managed charter
cities and the creation of a decentralized, citizen-led immigrant
sponsorship programs.

This seems like saying you support free markets, and that's why you want the creation of command-economy city-states to experiment with the best level of the free market versus communism versus syndicates. Is localism more important than liberty with regard to the free market? Or free speech, or the right to bear arms, or the right to worship freely? I think most libertarians would say that local tyranny is no more or less justified than distant tyranny - other than the fact that it may take fewer miles to escape your local tyrant. But localism does not change the moral calculation in any meaningful way.

My argument is that all welfare should be voluntary anyway, and all labor should be voluntary too. Free markets.

Yes, FDR was a disaster in a million ways, and I agree he made it worse. The New Deal probably caused the knock-on depression in 1937, which was relatively severe.

My point is not at all that immigrants caused the depression (in fact, I think free markets and free migration could've stunted the length of the depression). My point is that people were willing to accept more welfare and more public works jobs because these benefits were not going to new immigrants streaming in from Russia and Italy and Greece. The evidence shows that, when your population has low diversity, like Denmark or Japan, you tend to see higher rates of welfare. When your population has high diversity, like the US or Brazil, you tend to see lower rates of welfare.

So by limiting diversity and limiting immigration, it probably made it politically easier for FDR to pass policies he presented as welfare. In other words, if more immigrants had been coming in, people would have been more skeptical towards some of the centerpiece New Deal policies. Limiting immigration in 1921-1924 made it easier to pass welfare policies in 1933-1937.

I don't think the government should be giving anybody welfare that had to be paid for by forced taxes. But if welfare is about helping the needy, it should go to poor-country residents before wealthy Americans. Nearly all Americans are in the top 3% of global income. I don't see why welfare should prioritize Americans, who are rich, when there are poor children drinking sewage water and sorting trash heaps for subsistence.

It is fair to say I've engaged in a bit of truculence of my own in the above statement. I do think that mass migration over a short period of time can be disruptive to a labor market, although I am willing to concede that the fears of invading polish plumbers ruining our day is likely overblown to a degree. I suppose under an open borders regime a rough equilibrium would eventually be established based upon comparative advantages for labor types. It is an open question as to just how much disruption would be caused by the transition from closed to open borders though.

So yes, economics has got to be part of the equation, but is not the totality of it. I also believe that there are genuine security and cultural concerns that should be factored in too. Unfortunately, it is that bit of the philosophy which is usually spun out to be racist when from my point of view it is merely happenstance of geography that we talk about mexican "maids and apple pickers" rather than "polish plumbers"

You begin to fit the profile of an intellectual clod-hopper. It's Ok to keep people out if the inn is full. But it's wrong to lock people in. I don't understand your comment about emigrants resisting the will of the majority. I can leave anytime.

LOL. So your solution is to tax Americans to pay for people we import. As I said before, you are a political neophyte. Good luck selling that idea.

BTW, when people are drinking sewer water, it is almost always because of a corrupt government, which is exactly where our corrupt politicians want to take us as long as they can still get theirs.

I do agree with you on welfare and immigration. I also agree that diversity is not the "common good" we are constantly told it is. As someone who spent the 80's trying to integrate computer systems from different manufacturers, I can unequivocally say "diversity costs".

Now, a large part the problem with unfettered immigration is the impact on government and culture. I love the Cuban culture in Miami, but the Cubans there escaped from Cuba because they did not like the government. Too many immigrants (even among states) bring their idea of what government should be and then try to create governments that reflect that. Are you a big supporter of Sharia law? I doubt you are, but many of the immigrants are.

You need to be a baboon:

http://www.mydailykona.blogspot.com/2015/10/robert-heinlein-speech-to-usna-1973.html

Do not discount the value of a common culture and history

Excellent question. Let me borrow a long quote from David Friedman's Machinery of Freedom which alludes to the two types of libertarians and begins an argument in favor of those, Like David, who are consequentialists.

Begin Quote:
"Our response to such questions demonstrates that we do not really believe in simple single values. Most libertarians, myself among them, believe that a libertarian society is both just and attractive. It is easy enough to claim that we are in favor of following libertarian principle whatever the consequences—given that we believe the consequences would be the most attractive society the world has ever known. But the claim that we put individual rights above everything else is, for most of us, false. Although we give some value, perhaps very great value, to individual rights, we do not give them an infinite value. We can pretend the contrary only by resolutely refusing to consider situations in which we might have to choose between individual rights and other things that are also of great value.

My purpose is not to argue that we should stop being libertarians. My purpose is to argue that libertarianism is not a collection of straightforward and unambiguous arguments establishing with certainty a set of unquestionable propositions. It is rather the attempt to apply certain economic and ethical insights to a very complicated world. The more carefully one does so, the more complications one is likely to discover and the more qualifications one must put on one's results.

there are a number of important values in the world. They cannot be arranged in any simple hierarchy, or at least are not going to be any time soon. Individual liberty is an important value in and of itself, not merely as a means to happiness, so we should not be willing to sacrifice large amounts of it in exchange for small amounts of happiness. But liberty is not the only value, nor is it infinitely important compared to other values, so we should not be willing to sacrifice unlimited amounts of happiness for small gains in liberty.

A third possibility is that the conflict between libertarian and utilitarian values is only apparent. Perhaps there is some deep connection between the two, so that libertarian ethics, properly understood, is the set of rules that leads to the maximum of human happiness. The counterexamples given in the previous chapter must then be interpreted as some combination of mistakes about what is possible—for some reason those situations could not arise in the real world— and mistakes about what is implied by a correct statement of libertarian principle. Something along these lines seems to be suggested by the arguments of those libertarian philosophers who claim to get their principles not by generalizing from what seems right or wrong to them but by deducing what set of rules is appropriate to the nature of man.

One argument in favor of this approach is that it fits the observation that libertarianism and utilitarianism, while quite different in principle, frequently lead to the same conclusion. Through most of this book I have used utilitarian arguments to justify libertarian conclusions. By doing so, I provided evidence that the potential conflicts between the two approaches which I discussed in the previous chapter are the exception rather than the rule. In Chapter 31 I tried to show that the institutions of anarcho-capitalism would tend to generate libertarian laws. A key step in that argument was my claim that the value to individuals of being able to run their own lives is typically greater than the value to anyone else of being able to control them—or in other words, that increases in liberty tend to increase total utility.

One argument against utilitarianism is that it cannot be a correct moral rule because there is no way we can tell whether we are following it. We cannot observe other people's utility and are therefore unable to judge what will increase it. Even if we could observe individual utilities, we do not know how to compare the utility of different people and so have no way of judging whether a gain in happiness to one person does or does not balance a loss to another.
I find this argument unconvincing. Consider the act of buying a present. If you really have no knowledge at all about what makes other people happy, then buying a present is pure guesswork.

Even if we were entirely unable to observe other people's values, that would not necessarily prevent us from constructing a society designed to maximize total utility. Each person knows his own values, so all of us put together know everybody's values. In order to maximize the total utility of the society, we would construct rules and institutions that utilized all of that information via some sort of decentralized decisionmaking system, with each person making the decisions that require the particular knowledge he has.

This is not, of course, merely an abstract possibility. One of the strongest arguments in favor of letting people interact freely in a market under property rights institutions is that it is the best known way to utilize the decentralized knowledge of the society— including the knowledge that each individual has about his own values. The field of welfare economics largely consists of the analysis of the rules that lead to optimal outcomes under specified circumstances, where the outcomes are evaluated in terms of the preferences of the individuals concerned. One originator of modern economics, including much of welfare economics, was Alfred Marshall, an economist and utilitarian who viewed economic theory in part as a way of figuring out how to maximize total utility.

Although I reject utilitarianism as the ultimate standard for what should or should not happen, I believe that utilitarian arguments are usually the best way to defend libertarian views. While most people do not believe that maximizing human happiness is the only thing that matters, most do believe that human happiness is important.

By adopting a philosophical position that I believe is false, merely because it makes it easier to answer a particular set of questions, am I not making the same error as the drunk who, having lost his wallet in the middle of the block, looked for it under the streetlamp at the corner because the light was better there?

I think not. Even if utilitarianism is not true it may still be useful. There seems to be a close correlation between rules that make people free and rules that make them happy; that is why it is the East Germans and not the West Germans who erect barbed wire fences and guard towers on their common border. Perhaps that correlation comes from some deep connection between freedom and happiness; perhaps it is merely an accident. In any case, it is there. I conclude that, by figuring out what legal rules would best make people happy, I may learn something about what legal rules are suitable for a free society.

Most people, myself included, are at least partly utilitarians. While a demonstration that a particular legal rule tends to increase the total of human happiness does not prove that the rule is a good one, it is a strong argument for it. Since I have no very good way to settle disagreements about values, it makes sense to base my argument on values that most people share.
The final reason is that, whether or not people care about the sum total of human happiness, most of us care a good deal about our own happiness. If a particular legal rule increases the average level of happiness there is at least a presumption that it will, on average and in the long run, make me better off. That is a reason, although not necessarily a compelling reason, why I should favor it.

For all of these reason, it makes sense to ask what legal rules tend to maximize human happiness."

End quote.

His entire book is available free online.

See my DAVID Friedman quote above for the answer.

In the real world, people have conflicting values, and conflicting needs and contexts. I am all for logical consistency, but the weakness of many libertarians is to OVERSIMPLIFY reality into a set of logical foundation blocks and then answer every question using the oversimplified blocks. Any error, no matter how small caused by the oversimplification is magnified when unthinkingly extended to the infinite messiness of the real world.

The better approach is to consider these foundational principles to be important HEURISTICS. In applying these important heuristics to real world situations you have to experiment via an evolutionary process. Do note I am arguing FOR OPEN BORDERS. My argument is how to go about opening them in a way which does not lead to potential disaster of having millions of voters exploiting the political system or reshaping it into counterproductive ways.

If you believe the risk of political disaster is nil, or irrelevant in light of the simplistic rule of freedom trumps all other values and concerns, then I disagree.

It is sloppy in oversimplifying reality to a set of foundational principles which can fit on a 3X5 card and then forcing every real world, complex decision involving conflicting values and interests to fit into the narrow set of principles.

Reality is easy, just maximize freedom and all our problems are solved!

No it isn't, and even if maximizing freedom is a good heuristic, we still have the issue of deciding how BEST to maximize freedom and whether allowing untold millions of potential political agents in would affect the rest of the system.

Again, I am arguing FOR immigration, not Against. The discussion is on how.

I appreciate that you've admitted that you were speaking too harshly about libertarians, but when you chastise people for being too ideological and single minded to care about empirical realities like economics, and then concede that - perhaps - the economics case bolsters their side, not yours, then I truly have to question your entire analysis. I don't think my libertarianism is a mental block to objectively evaluating immigration. I think my libertarianism is more complementary than anything else.

Also, now that you've essentially conceded that the economics argument is at the very least much more complex than you previously suggested, you've changed your argument to security and culture. This makes me wonder if your objection to open borders has less to do with an objective accounting of immigration realities. Maybe you just don't trust open immigration intuitively and you embrace anything that seems plausible until proven otherwise. I think that if I debunk or resolve any of your concerns, you'll find another. So, let's try.

Security, as you know, could be addressed in an open borders scenario. Open borders simply shifts the burden of proof onto the government rather than individuals. An individual doesn't need to "prove" why she deserves to work and live here. The government needs to prove why she should not be here. Terrorist affiliations or violent criminality would be a really, really good reason to deny entry, for example.

What seems irrational to me is an immigration policy that keeps most good people out because of a small number of bad people. This policy also doesn't seem very pragmatic. You give immigrants a front door and most will take it. It'll be easier to identify anyone going through the front door and easier to catch people slipping through the cracks - which I suspect will become fewer and far between. Why? Because there are black market businesses and networks designed around our immigration laws being so restrictive. Undermine those businesses with liberalized immigration, undermine the avenues terrorists or criminals have to enter the country illegally.

Regarding culture, this one is hard to argue - not because there's good evidence that immigrants don't assimilate, though. In fact, the evidence is the opposite. Immigrants assimilate remarkably well in the United States, especially these days. Culture is hard to argue because the emotional stakes are so high. So even if I show that immigrants are learning English fast, even if I show they're getting educated, even if I show they're making comparable incomes to native-born Americans, even if I show they consider themselves more and more American with every passing generation, any new immigrant group could be a 'scourge' that doesn't follow the pattern. This group, somehow, will be different than all the others, and they [whoever they are] just can't be trusted.

Well, if it isn't obvious, I disagree with that. I think the research and the history are pretty straightforward and clear. I think immigrants contribute to our culture and make it better. I also think Americans do a pretty good job of making this place suck all on their own.

The justification for restricting immigration is that the restriction helps the majority. Why does helping the majority not also justify restricting emigration? You can't say "you can leave anytime" because that's not a moral argument, that's a statement of current law. We're arguing over ethics and what the law should be, not what the law is.

Restricting immigration is often justified because it hurts the community. Well what if a small, isolated community has one doctor and he decides to leave at the beginning of a disease outbreak. Nobody else can save the community in time, but the doctor wants to leave at the expense of the community. He has no employment contract, lease or agreement with anyone. Can the community compel the doctor to stay and save lives? That's restricting emigration for the good of the majority.

If the majority's interests can justify one thing (immigration), then the majority's interests can justify another thing (emigration).

My solution is zero taxes. But I don't see why a defender of welfare, such as yourself, thinks it should go first to Americans. There are poorer people in the world. I question why you defend welfare to Americans when there are needier people.

That's also a great argument in favor of Jim Crow and apartheid. Can you differentiate your argument for cultural segregation along national borders with the Jim Crow / Apartheid argument for cultural segregation along racial borders? Because I don't see a meaningful distinction.