Libertarians for Social Constructs!

In light of Eric's comments on gay marriage, specifically regarding the legal side of the question, I thought I should link to this piece by Jennifer Roback Morse at Policy Journal Online, "Marriage and the Limits of Contract."

It strikes me that the author has an agenda (she has published two books on love) and makes the same mistake as many Marxists, viz. reducing issues to pale economic analogies. Oddly, also like a Marxist, she treats Smith's Inquiry as the capitalist equivalent of the Communist Manifesto, suggesting that free market systems are 'built on the ideas in the Wealth of Nations.' That sort of illogic leaves me on the alert.

That's secondary, but gives a glimpse into the author's muddled argument.

What about sex?:

There are analogous truths about human sexuality. I claim the sexual urge is a natural engine of sociability, which solidifies the relationship between spouses and brings children into being. Others claim that human sexuality is a private recreational good, with neither moral nor social significance.

The claim rests on the assumption that things have predetermined purposes which man must not contravene. It also presupposes the importance of moral and social 'significance,' whatever that wavering shadow of speech is meant to convey. Whether sexuality as a biological phenomenon is a 'natural engine of sociability' or not, humans are infinitely capable of transcending their biology and as sentient beings with every manner of desire, dream, and intellectual capacity deserve the right to live privately and without subjection to social mores. There's too much of the authoritarian in Morse's subtext which belies her libertarian claims.

Throughout she flashes her distaste at the modern culture of promiscuity, implicitly hearkening back to the good old days, a fallacy engaged in since Hesiod's races of the metals. Like many academics she includes a long quote by a recognizable name, here Rousseau, only to apply it (cleverly, she thinks) to some unconnected modern foible:

Rousseau could be describing the modern hook-up culture, down to and including the reluctance of hook-up partners to even talk to each other.

By now I'm bored with her and find all of her unsupported claims, fanciful examples ('A man and a woman have a child. ...'), and constant reference to her position and the sole opposing view (binary oppositions are an insult to intelligent people) annoying. So what's the crux of her biscuit?

Having constructed as the only alternative to her own position a straw man ('the deconstruction of marriage into a series of temporary couplings with unspecified numbers and genders of people' using 'the language of choice and individual rights') she deftly delivers the Coup de Jarnac:

It is simply not possible to have a minimum government in a society with no social or legal norms about family structure, sexual behavior, and childrearing. The state will have to provide support for people with loose or nonexistent ties to their families. The state will have to sanction truly destructive behavior, as always. But destructive behavior will be more common because the culture of impartiality destroys the informal system of enforcing social norms.

That's it? All in all a weak argument in an unnecessarily lengthy exercise in sophistic dissimulation.

So why is she so adamant about the sanctity of the family, and why does she hide it behind false economic analogies?

Surely it's her Catholic faith.

posted by Dennis on 04.11.05 at 09:29 AM





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Comments

May I quibble?

sentient beings with every manner of desire, dream, and intellectual capacity deserve the right to live privately and without subjection to social mores

How does an individual live "privately" within any social group without being subjected to the consensus mores of the group? If Susie has a Tupperware party and suddenly strips naked in the middle of it and dance around the room, when the shocked guests get up and march out thus demonstrating their "societal mores" ... is that something Susie should be "free" of being subjected to? Are suddenly the rights of other individuals of the group to act according to their mores to be condemned to "imposing" them, even through such voluntary actions as shunning, shaming, snubbing or disassociation?

Maybe I'm misunderstanding you. I always try to make a bright distinction between actions of the government and actions of society.

I see nothing inherently wrong with a societal consensus on the acceptable/unacceptable behavior of its members.

Darleen   ·  April 11, 2005 03:35 PM

Darleen,

Thanks for the comments.

I think there's been a misunderstanding. I don't make love to my girlfriend at tupperware parties. Nor do I do many of the things I'm perfectly comfortable doing in the privacy of my own home or within any of the consensual adult relationships (Platonic or not) which I enter into. My friends and I don't drink pitchers of lager openly on the street. We save that for the pub. But I don't want anyone telling me that drinking lager in the pub will cause the total degradation of society, and by gum they've got the economic analogies to sort of not really prove it.

My complaints werereally that Morse presumed to prescribe marriage as a necessary element of a free society without which utter doom looms, and that she pretended to base her argument on libertarian ideas (chiefly economic) while her true motivation was social conservatism -- Catholic doctrine, to be exact.

And in all honesty some of my best friends and closest relatives are Catholic. It's not the position I object to so strongly as it is the deceit in presenting it.

Again, thanks for the comments,
-dennis

Dennis   ·  April 11, 2005 05:50 PM

To many activists, gay Republicans are automatically considered "Uncle Toms." This is because the Republican Party is on record as opposing same sex marriage. Why aren't gay Catholics also "Uncle Toms?" Isn't religion at least as much an "identity" as political affiliation?

I just can't keep up with the changing times!

When I read the Morse essay, I was completely baffled by this statement

.... it is no accident that the advocates of sexual laissez-faire are the most vociferous opponents of economic laissez-faire.
They are? All of them?

No wonder all homosexuals love socialism!

Eric Scheie   ·  April 12, 2005 09:35 AM


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