by publius
I missed the latest round of the “should we sell our kidneys” debate. To recap, various libertarian conservatives say yes, arguing that the donors’ health risks are small and that people really need kidneys. The real challenge then, as John Schwenkler notes, is to justify the ban on kidney selling.
So I’ll try. I’m not sure I can justify the actual ban – I lack the philosophical chops. But I can get in the neighborhood, and maybe someone in the comments can punch it over the goal line.
The kidney debate interests me because it touches upon a much deeper and fundamental philosophical divide between modern progressives and conservatives (particularly libertarians). The divide turns on one’s view of markets and, more precisely, freedom. This divide, I think, is the original source of disagreement on several issues, particularly health coverage reform and labor law.
Modern libertarians subscribe to the old classic liberal worldview. Under this view, there is a heavy emphasis on individual freedom. Markets free from government intervention are good because they allow people to freely exchange goods, enter contracts, and generally do what they want – which has numerous benefits (efficient allocations, etc.). The underlying assumption is that people can indeed act freely within this system.
One of the main critiques, however, of (classical) liberalism is that this underlying assumption is unrealistic, or even fraudulent. It’s absurd, the argument goes, to treat people as being "free" within markets – to assume they are islands of self-contained free will exercising their rights equally.
The truth, critics argue, is that “free” markets obscure vast disparities in wealth, power, information, bargaining position, etc. In this sense, the assumption of “freedom” is a helpful ideology, but not one that accurately describes the relative power of contracting parties.
Here’s an example. Let’s say Wal-Mart decides to start offering people $5,000 per finger. (Let’s assume scientists have found a chemical in finger bones that helps break unions). Under the liberal view, everyone is “free” to take that offer or to decline it.
But this “freedom” isn’t all it’s cracked up to be. From an opportunity cost perspective, Wal-Mart’s offer exerts more force on someone with a salary of $25,000, than it does on someone who makes $100,000. The former is essentially throwing away 20% of their yearly salary, while the latter is throwing away 5%. Both individuals are “free” – but the lower income makes the offer harder to refuse for the $25K person. It exerts more force on that person. To say, then, that these two people are both “free” misses an important difference between them.
Of course, you can take this logic to some dangerous and absurd extremes. You could, for instance, argue that Big Macs should be priced according to one’s income, or that various types of markets (e.g., house cleaning) should be prohibited. But these are not things I want government to do. I believe in markets, not necessarily because I completely buy the idea of “freedom,” but because I am skeptical that the government is competent to address these problems through central planning, extreme redistribution, etc. The remedies are often worse than the problems.
But that said, there are areas where we need to draw the line on markets. Just as liberalism’s goal was to carve out a realm of freedom from the state, it’s also important to carve out realms of freedom from coercive market logic.
Market failures are a different issue. I’m sure a market for kidneys would work pretty well. I’m just not sure I want market logic – which is necessarily coercive on some more than others – to intrude into the realm of body parts, or selling children.
At the end of the day, I’m not sure any of this is helpful. I’ve basically said “there should be a line,” but I haven’t established whether kidney selling crosses that line. Maybe someone else can. But this hopefully at least explains where some liberals are coming from – not just on this issue, but on a whole host of political issues.
The skepticism that everyone is free under classic liberalism is one of the foundational assumptions that leads me to root viscerally (often too viscerally) for progressive policies. It also makes me relatively more inclined to favor regulation in certain contexts.
At the end of the day, I guess I feel similarly to Kevin Drum – it’s not so much kidneys that bother me. It’s that I can easily imagine this logic spreading to things like eyes, or even children. I can’t quite justify it, but the inherent coercion on poorer people seems like a bigger deal when we start trying to commodify body parts. If only we had a real philosopher who blogged here….
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