What a bore!

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From: Bleeding Heart Libertarians
Date: Monday, March 5, 2012
Subject: [New post] A Feminist Libertarian Dilemma
To: [email protected]


New post on Bleeding Heart Libertarians

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A Feminist Libertarian Dilemma

by Jessica Flanigan

That the libertarian movement is full of dudes can probably be explained by
a number of sociological factors, but there might be a deeper reason that
libertarianism doesn’t have more women in the movement. Here I want to
address one worry about libertarianism that I've heard from some of my
feminist friends, the idea that feminism and libertarianism are
structurally incompatible. I think that this worry succeeds to some extent,
but that on balance libertarianism is still good for women.

The thought is that libertarianism structurally builds in a kind of status
quo bias that favors men. As a theory that objects to interference with
peoples’ voluntary choices, it therefore objects to interference with the
current system patriarchy or male privilege insofar as the current system
is a result of voluntary choices. Feminism calls for an end to patriarchy
and male privilege, so the two are incompatible.

Consider the following feminist argument against libertarianism:

P1: Libertarianism instructs states and individuals not to interfere with
people’s free choices.
P2: We currently live in a sexist culture where patterns of free choice
continue to disadvantage women (e.g. employment discrimination, the gender
wage gap and troubling patterns of socialization).
C: Libertarianism instructs states and individuals not to interfere with
the perpetuation of sexism.

I think this argument is successful, so libertarians who are concerned with
women’s interests (lets call ourselves libertarian feminists) are seemingly
faced with a dilemma. Either:

(a)   States and individuals must interfere with sexist people’s free
choices (e.g. states should violate freedom of contract and association to
promote equal pay and fair employment procedures.

Or,

(b)  States ought to respect people’s free choices and thereby tolerate
sexism.

What’s a BHL feminist to do? I think that feminists ought to favor (b) over
(a) for several reasons.

First, gender equality isn’t the only thing we ought to care about. While
sexism is wrong, it’s more wrong to violate a person’s negative liberties
(like freedom of association or contract) than to accept a society that
fails to provide certain benefits (like equal pay) even if both negative
liberties and equal treatment were required by fairness. Like John Tomasi,
I believe economic liberties take priority over other public goals, so even
though discrimination is wrong, limits on freedom of contract and
association are more wrong.

Second, libertarianism only affirms a sexist status quo insofar as limits
on liberty are required to combat sexism. But limits on liberty are not
required. There are plenty of other ways to further women’s interests
without excessively violating liberties. Bleeding heart libertarianism
doesn’t rule out public policies that help women with families succeed in
the workforce, like affordable public childcare, subsidized family leave,
elder care, or a universal basic income. But even if society did provide a
generous social safety net, women’s voluntary choices could also perpetuate
male-dominated corporate cultures, because women are more likely to favor
part time work.

Even bleeding-heartless libertarians can (and should!) discourage sexism,
though no one should be forced to refrain from sexism. And of course
libertarians should never tolerate any kind of violence against women or
coercive sexual harassment.

Third and most importantly, even though libertarianism does structurally
tolerate institutional sexism in some ways, libertarianism isn’t
necessarily bad for women on balance. As you may have guessed, I think that
feminist libertarianism has a lot going for it, and I am wary of wary of
any policy that limits citizen’s negative rights ‘for the sake’ of women,
especially in light of the sexist history of wage regulation.

Though fair employment legislation may advance women’s interests in the
short-run, policy proposals that require companies to hire or promote women
or give equal pay also strike me as sexist. These policies require public
officials and employers to treat women differently in the market. In this
April's Reason, Veronique de Rugy reviews how the tax system, welfare
reforms, maternity leave policy, workplace regulations, and the drug war
all disproportionately disadvantage women's economic prospects. Even
feminists should get behind tax reform and deregulation.

I also worry that any legal requirements that aim to correct for problems
associated sexism will fail to treat the underlying systemic problems. For
example, if a coercive policy corrects for the fact that women don’t
negotiate for salary or ask for promotions, it may prevent women from
learning to effectively advance their own interests in competitive
environments.

The labor market is changing to include more women, but troubling
inequalities persist. Many government interventions, like mandatory
maternity leave policies, which are seemingly 'on behalf' of women backfire
to work against us. (PDF) But even if government intervention were the most
effective way to shatter the glass ceiling; it would be much better for
women if we could do it without state intervention and ensure economic
equality for good.



 PS: For those who are interested in a philosophical puzzle related to this
dilemma, Javier Hidalgo pointed out to me that Chandran Kukathas describes
a similar dilemma for libertarians when he discusses whether libertarianism
ought to tolerate intolerant cultures. (PDF)

Jessica Flanigan | March 5, 2012 at 8:20 am | Tags: economic regulation,
feminism, libertarianism | Categories: Exploitation, Liberalism, Social
Justice | URL: http://wp.me/p1xtUY-Ak

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