김평우
원래 국회가 2016년 12월9일 결의하여 당일 헌법재판소에 제출한 탄핵 소추장에는 박대통령에 대한 탄핵사유가 헌법위배사항 5개 , 법률위배사항 8개 도합 13개 사항이 있다. 헌법위배의 핵심은 세월호 조난자를 구하지 못한 것을 박근혜 대통령의 탄핵사유라고 주장한 것이고. 법률위배의 핵심은 미르재단. 케이 스포츠 재단의 출연금과 관련하여 박 대통령이 최순실과 함께 560억 원의 뇌물을 받아 먹었다는 소위 뇌물죄, 직권남용죄, 강요죄의 범죄행위 주장이다.
그런데, 헌법재판소와 국회 소추위원은 소위 ‘쟁점정리’와 ‘준비서면’이라는 이름 아래 국회의 소추장에 있는 8개의 법률위배 사유에 대하여 뇌물죄, 직권남용죄, 강요죄라는 형법상의 죄명을 모두 없애고 그 대신에 ‘권한 남용’이라는 새로운 명칭을 사용한 것이다. 형법상의 죄명을 없애면 자동적으로 적용되는 형법조항도 없어진다. 그러면, 미르재단, 케이스포츠재단 관련 비리는 뇌물죄나, 직권남용죄, 강요죄의 형사범죄가 아니라 대통령 권한의 남용이라는 형법전이나 헌법전에 이름없는 막연한 비리, 부정사건으로 바뀌는 것이다.
얼핏보면, 형사범죄가 아닌 막연한 비리, 부정사건으로 탄핵사유의 명칭과 법적 성격을 바꾸는 것이므로 박 대통령에게 유리한 변경으로 보일 수 있다. 그러나, 실제는 이것이 바로 헌법재판소가 노린 함정이다.
국회가 헌법 제65조에 따라 적용법조와 죄명을 특정하여 탄핵소추한 것이 잘못이고 반대로 ‘권한남용’이라는 애매모호한 이름으로 소추하여야 적법하다는 이 망발, 궤변을 어떻게 이해할 수 있을까? 이것이 과연 법률가의 이성이고 논리란 말인가! (나는 이 판결문이 법률가에 의하여 작성되었다고 도저히 믿을 수 없다. 언젠가 판결문의 실제 작성자가 밝혀지리라고 믿는다.)
그러면 왜 헌법재판소 판사들은 탄핵소추장에 기재된 뇌물죄, 직권남용죄, 강요죄의 죄명과 법조항을 빼버리고 ‘권한 남용’이라는 법조문에도 없는 새로운 명칭으로 바꾸어서 박근혜 대통령을 탄핵하였을까?
결코 이는 우연이나 실수가 아니다. 헌법재판소가 쟁점정리(爭點整理)라는 이름 아래 국회의 탄핵소추 의결서를 배제하고 ‘권한남용’이라는 새로운 탄핵사유를 만들어 재판한 것은 미르재단, 케이스포츠재단의 출연금을 뇌물죄, 직권남용죄, 강요죄로 단죄할 아무런 증거나 선례가 없음을 미리 알고 다른 사유로 박근혜 대통령을 탄핵시킬 의도로서 법전에 없는 ‘권한 남용’이라는 애매모호한 탄핵소추 사유를 새로 만들어 적당히 헌법위배라는 이유로 탄핵을 하는 잔꾀를 부린 것이라고 볼 수밖에 없다. 그리고, 이 잔꾀는 국회가 탄핵소추장을 2016년 12월9일 결의하여 헌법재판소에 접수시키고 약 2주일 뒤인 2016년 12월22일 제1차 변론준비기일에 이미 나왔다.
결국, 박근혜 대통령은 국회가 탄핵한 것이 아니라 헌법재판소가 탄핵한 것이다.
누구든지 나의 이 글에 반론이 있으면 적극 환영한다. (2019.3. 8.) (발췌)
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채명성 변호사
상원의원 코리 가드너의 북핵 관련 연설 요점
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文在寅 정권의 3權分立 屠殺 행위가 되살려 주는 想念들
이동복
문재인 검찰의 성창호 판사 불구속 기소와 이에 화답한 김명수 대법뭔의 성창호 판사 재판 배정 배제 결정은 단순히 김경수 실형선고에 대한 보복의 차원을 넘어서서 이 나라 민주주의 권력분립의 근간인 3권분립의 토대를 파괴하면서 김경수의 상고심 담당 고법 재판부에 대해 가이드라인을 제시하는 겁박 행위이고 그 1차적 효과는 금명간 김경수에 대한 보석 결정으로 모습을 드러낼 것이 분명해 보인다.
이 같은 상황은 문재인의 대한민국이 1932년 선거를 통하여 합법적으로 정권을 장악하고 다음 해인 1933년 ‘수권법’(Enabling Act)을 국회에서 통과시켜서 의회의 입법권을 행정부가 ‘합법적’으로 찬탈함으로써 ‘나치’(Nazi) 당의 일당독재를 내용으로 하는 ‘국가사회주의’(National Socialism)의 길로 매진(邁進)했던 히틀러(Adolf Hitler)의 길을 답습하고 있음을 보여주는 것이 아닐 수 없다.
또 하나 뜻 있는 이들의 경각심을 더욱 자극하는 일은 이 나라 언론의 믿겨지지 않는 작태(作態)다. 작금 대한민국 언론, 특히 공중파 TV 방송들의 광란적인 편파 보도를 보면서 필자는 앞으로 또다른 정변(政變)을 통하여 문재인 정권이 실권(失權)을 하고 새로운 정권이 탄생했을 때 대한민국의 언론들이 어떠한 도생책(圖生策)을 찾아낼 것인지를 상상해 보는 것 자체가 역겹기 짝이 없다. (발췌)
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중국이 세계의 항구들을 사들이고 있다. 그 항구들은 전시에
해군 기지가 된다.
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중국이 구조 개혁을 하려면 5 ~ 10년이 걸린다고 한다. 그 말은 공산당의 표현에 따르면 "절대" 하지 않겠다는 말이다.
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일본 학자가 정확하게 설명하는 한국 민주주의.
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30년 전에 누가 나한테 미국이 2019년 경에 다른 공산권 초강국과 냉전을 치를 것이고, 미국 청년들 사이에는 사회주의가 유행처럼 번질 거라고 말했다면, 나는 그를 정신병자 취급했을 것이다.
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산성 비는 과장되었다. 무오류성은 교황의 권한이지 과학자들의 것이 아니다.
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정통 신학에서 인간은 천사보다 그리고 신의 다른 모든 창조물보다 높다.
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마가렛 프레스턴, 극락의 새
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무(無)도덕적인 사람은 상대할 수 있다. 하지만 도덕적 광신도들은 두렵다.
--- 도덕적 광신도는 바로 사회(공산)주의자들이다.
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.@Mr Andy Ngo on the US left-wing antifa movement: They call themselves an anti-fascist movement, but they’re a coalition of radical anarchists and they are agitating for violent revolution.
좌파들은 스스로를 반파시즘 운동이라고 말하지만, 실제로 그들은 급진 무정부주의자들의 연합이고, 폭력 혁명을 선동하고 있다.
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30년 전에 누가 나한테 미국이 2019년 경에 다른 공산권 초강국과 냉전을 치를 것이고, 미국 청년들 사이에는 사회주의가 유행처럼 번질 거라고 말했다면, 나는 그를 정신병자 취급했을 것이다.
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--- 도덕적 광신도는 바로 사회(공산)주의자들이다.
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.@Mr Andy Ngo on the US left-wing antifa movement: They call themselves an anti-fascist movement, but they’re a coalition of radical anarchists and they are agitating for violent revolution.
좌파들은 스스로를 반파시즘 운동이라고 말하지만, 실제로 그들은 급진 무정부주의자들의 연합이고, 폭력 혁명을 선동하고 있다.
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The Clear Case for Capitalism
공교육을 폐지하라!
로크에 따르면 자유는 인간의 이성에 바탕을 두고 있다. 이성을 지니고 있으므로 인간은 스스로를 통제할 능력과 의무가 있다.
만일 교육의 목적이 시민들에게 지식을 갖추게 해서, 관료들을 뽑을 수 있는 능력을 부여하기 위한 것이라면, 교육의 내용과 그 방식은 시민들 자신이 결정해야 한다.
이에 반해 국가 독점의 공교육은 단일한 교과 과정을 강요한다.
미국에 이민 온 독일과 아일랜드 계 주민들은 미국 사회에 암적인 존재로 인식되었고, 이들을 동화하기 위해 공교육이 대두되었다.
거대한 교육관료 집단이 실제 교육 활동에서 부족한 자원을 빼가고, 또 교사와 교장들의 독립성을 저해하며, 교육 개혁을 원하는 시민들을 막아서는 장애가 되고 있다.
공교육이 자원을 낭비하는 이유는, 모든 사회주의적 시도가 그렇듯이, 가격과 사유재산이 배제된 상태에서는 공교육이 합리적으로 계산을 할 수 없기 때문이다.
사교육 시장에서는 교사와 교장, 교육 관리 등이 소비자에게 책임 있는 행동을 해야 한다. 하지만 공교육에서는 교사가 학생들을 잘 가르치지 못했다고 해서 파면되거나 문책을 받지는 않는다.
공교육 지지자들은 사적인 수단으로는 적합한 교육을 받을 수 없다고 주장한다. 하지만 정부가 그 적합한 정도를 더 잘 결정할 수 있다는 것을 누가 보장하는가?
정부에 의한 공교육을 시행하면, 정부는 학생들을 세뇌해 정부 기관과 그들의 행동을 정당화 하고 싶은 유혹에서 벗어날 수가 없다.
정부가 교육을 장악하고 있으면 그들은 언론을 장악하지 않아도 생각의 흐름을 통제할 수 있다.
유일하게 윤리적이고 합리적으로 초등 교육을 제공하는 것은 자유 시장 밖에 없다.
Enterprising Education: Doing Away with the Public School System
Andrew YoungWalter Block
[This article originally appeared in International Journal of Value-Based Management 12: 195-207, 1999.]
Besides national defense, no government-provided service enjoys as much exemption from scrutiny as the provision and subsidization of primary public education. Even presumed champions of the free market, such as Milton Friedman, support the government subsidization of education through high school:
We have always been proud, and with good reason, of the widespread availability of schooling to all and the role that public schooling has played in fostering the assimilation of newcomers into our society, preventing fragmentation and divisiveness, and enabling people from different cultural and religious backgrounds to live together in harmony. (Friedman and Friedman, 1979, pp. 140–141)
The very suggestion that government should be removed entirely from the realm of education is either taken as irrational and malicious or viewed as foolhardy and quixotic. This seems very peculiar when considering that the critics of the present state of public education appear on both sides of the political spectrum. Still, the overwhelming sentiment, ubiquitous in both the general citizenry and academia, is that while public education may need to be reformed, it still should be guaranteed "free" to all by government.
Education, like any other service, cannot be provided more efficiently than via the market.
Contrary to most modern arguments claiming to favor the "privatization" of schools, we do not view the government contracting of private companies, the issuance of government vouchers for payment of education, or the direct subsidization of private institutions as free-market solutions.
Indeed, the only free-market solution is the abolition of all governmental ties to primary education.
Education is a Service
Primary education — i.e., that which begins in grammar school and continues up through high school — is a service like any other and can be allocated through the market and the price system. Parents, in general, would like to provide education for their children. Teachers, administrators, and owners of school buildings will provide this service to these children as long as they are compensated for their labors. When a parent approaches an institute of learning, he values the service offered. The school, drawn into the industry by the desire for profit, incurs costs in providing its service. It will only accept a price greater than or equal to these costs. Likewise, the parent will only offer to pay a price less than or equal to his valuation of the education rendered. If a price is determined that is satisfactory to both parties, an exchange will occur and the child will be provided with the service. In this straightforward way, familiar to every economist and intuitive to nearly everyone else, the market can provide primary education just as it provides hair styling, automotive repair, and the innumerable other services that people bargain to provide and receive.
Despite virtually omnipresent dogma, there is no simple explanation as to why government provision of primary education must be substituted for private alternatives.
Education is a service, and innumerable services are being provided by the market at any given moment. For society to hold to, and tax from individuals the resources for, government provision of primary education, there must be a justification. If it can be satisfactorily articulated, then, and only then, would government provision of primary education be legitimate.
What are the arguments in favor of government-provided primary education?
They are as follows:
1. It is a necessary aspect of democracy and, paradoxically, the citizenry must be taxed for that system to secure their own freedom.
2. The market would not provide an equal opportunity for and quality of primary education to everyone.
3. Education is an example of an external economy; market provision would therefore be under optimal.
Let us consider each.
Necessary to "Freedom"?
The view that primary education should be available to all through a public system has been made inseparable from the concept of a republican society over the years. Pierce (1964, pp. 3–4) provides a historical demonstration:
Herein originated a new concern for education expressed by Thomas Jefferson in his belief that people could not govern themselves successfully unless they were educated…. This concept has gone through several stages of evolution — from Jefferson's idea that if people were to vote intelligently they must be educated as a means of survival in a world of competing ideologies.
This view of education as catalyst for successful democratic government has metamorphosed through the passing of time into a view of education as a veritable necessary condition of freedom. For this expansion to occur, the meaning of freedom had to be modified. As Graham (1963, pp. 45–46) states, people might mistakenly, "interpret freedom in terms of their right to criticize and to choose their masters — the men for whom they work, the politicians who direct their public affairs, the newspapers, books, speeches, and television programs that influence their thinking." But a more correct definition, "for a democratic society would recognize the need for authority in any social group and equate freedom with the right to participate in power" (Graham, 1963, pp. 45–46). To participate in the power (i.e., the representative nature of American government) citizens must have information, ergo to educate is a legitimate function of the state.
This view of freedom is questionable though. Consider the view of liberty espoused by John Locke, one of, if not the, major philosophical influences of the American Revolution.
The Freedom then of Man and Liberty of acting according to his own Will, is grounded on his having Reason, which is able to instruct him in the Law he is to govern himself by, and make him Know how far he is left to the freedom of his own will (Locke, 1978, p. 3).
Freedom is based primarily upon man's reason according to Locke. Because he possesses reason, man has the faculties and duty to rule himself. This Lockean concept of freedom was spread through early America in Cato's Letters (Rothbard, 1978, p. 4). This concept of freedom was also that of John Stuart Mill, who wrote later on in the 19th century: "…the same reasons which show that opinions should be free, prove also that [an individual] should be allowed, without molestation, to carry his opinions into practice at his own cost" (Mill, 1956, p. 23).
Furthermore, while a cultivated citizenry might be more capable of exercising its influence in a republican government, there is something perverse in the state itself educating the citizenry on how to operate the state.
As Lieberman (1989, p. 11) notes:
Simply stated, public choice theory asserts that the behavior of politicians and bureaucrats can be explained by the same principals that govern behavior in private economic affairs. In the latter, persons generally act so as to enhance their self interest…. [Public officials] act either to get reelected or to enhance their pay, perquisites, and status. If the purpose of providing public schooling is to create an informed citizenry capable of choosing those individuals who run the nation, then surely the power to determine what is taught and how should not be rested in the hands of the governing individuals.
As Boaz (1991, p. 19) observes: "Even in basic academic subjects there is a danger in having only one approach taught in all of the schools." The state-monopolistic nature of a public school system fosters undesirable conformity of curricula. Williams (1978) correctly describes a public educational system as one which, "requires a collective decision on many attributes of [education]," and that education is offered to all, "whether or not [a parent] agrees with all the attributes or not." The individuals entrenched in positions of power in the state are those with control over what children are taught concerning history, government, economics, and so forth.
The result is a citizenry educated by operators of the state on how to choose the operators of the state!
Of course, those government agents who plan and direct the curricula are most likely well-intentioned people, but, as Ludwig von Mises (1952, p. 47) correctly notes: "No planner is ever shrewd enough to consider the possibility that the plan which the government will put into practice could differ from his own plan." In other words, no matter how much such a person sincerely plans in the interests of others, ultimately the plans are still his own.
Furthermore, it should be realized that, for all the talk about the noble ideals of Thomas Jefferson, the foundation of America's government by the people, and the preservation of citizens' "freedom," the realization of public primary education in the United States was ushered in with quite ignoble motives. "[O]ne of the major motivations of the legion of mid nineteenth-century American "educational reformers" who established the modern public school system was precisely to use it to cripple the cultural and linguistic life of the waves of immigrants into America, and to mould them, as educational reformer Samuel Lewis stated, into "one people" (Rothbard, 1978, p. 125). Particular targets of the American educational reformation were the Germans and the Irish. Monroe (1940, p. 224) articulates, with disarming benignity, the attitude towards these waves of immigrants and the cultures which they brought to America:
More than a million and a half Irish and a similar number of Germans were added to the population. Great numbers of English and Welsh had also come, but the two former nationalities were sufficiently concentrated in location to cause their different racial temperaments and social customs to become new factors in our political, social, and economic life…. [These] elements as a whole made the educational problem more distinct, and by accentuating the tests to which our political and social structure must be subjected directed the attention of the native population to the significance of education.
Notice how the English and Welsh, with cultures more compatible with predominant American beliefs, are mentioned only in passing, while the more exotic Irish and Germans are elements to which "our political and social structure must be subjected," creating an "educational problem."
Further, the individual liberties that America granted to its citizens and "led men to object to all form of governmental restraint caused such excesses that the success of self government was seriously questioned. Much of the responsibility for this condition approaching anarchy was popularly attributed to the untrained and unbridled foreign element…" (Monroe, 1940, pp. 223–224). Immigrant culture was seen as a cancer on the United States society, incompatible with American liberty. Paradoxically, the solution which would allow immigrants to enjoy liberty was to deny them freedom of education and instead force them to pay for public schools whether or not they wanted to attend.
A study of problems with the existing school system by the Secretary of the Connecticut School Board in 1846 noted numerous defects: "The tenth defect was the existence of numerous private schools" (Monroe, 1940, p. 244). The existence of private schools was seen as especially troublesome with regards to the Irish Catholics. As Rothbard (1978, p. 125) writes: "It was the desire of the Anglo-Saxon majority to … smash the parochial school system of the Catholics." Taxing indiscriminately for education, thus forcing those individuals who would opt for private education to pay twice (once in taxes, and again in tuition to the private school), was one method for discouraging private education. Even more blunt was the attempt in Oregon during 1920s to outlaw private schools (Rothbard, 1978, p. 126). A law was passed making private primary education illegal and compelling all children to attend public schools. Fortunately, in Pierce v. Society of Sisters (1925), the Supreme Court found the law to be unconstitutional.
Equal Opportunity?
No matter what motives are revealed to have been behind the origin of a public system, however, there are those critics of the market who reply that presently government assures equal educational opportunity. The strongest of these critics even finds the lack of "free" public education to all to be unconstitutional (Pierce, 1964, p. 12). The fact that market provision would not guarantee this service to each and every individual is undeniable. Under a market system, education is not a right. If one does not pay for it then one does not obtain it. As long as one pays for it though, one will receive it.
Therefore, to assist the market's critics for a moment, the real problem they are noting is not a lack of schooling for all. This is obvious because, under a market system of provision, all can afford some quality of tutelage, but they are not guaranteed a high quality service, nor one equal to that which all other individuals receive. As the US Department of Education claims: "Our Mission Is to Ensure Equal ACCESS to Education and Promote Educational EXCELLENCE throughout the Nation." This modified argument is still undeniable. A market system would not provide an egalitarian, high quality education for all; but in order to justify state provision it must be shown that state provision indeed provides a more egalitarian and higher quality education to all.
As far as egalitarian goals go, the state system does a horrible job. Even its most vehement supporters would scarcely claim that public schools offer equal quality of education across socioeconomic lines. Jencks (1985) declares, "the annual expenditure per pupil in a prosperous suburb is usually at least fifty percent more than in a slum in the same metropolitan area … taxpayers typically spend less than $5,000 [per pupil, per year] for the formal education of most slum children compared to more than $10,000 for many suburban children." Also, the statist system has failed to equalize primary education along racial lines. Coleman and Hoffer (1987, p. xxiv) found in private schools less racial segregation than their public counterparts. Furthermore, public education, even on average, is far from high quality. The National Assessment of Educational Progress reports that 50 percent of all high school seniors in America could not answer this question:
Which of the following is true about 87% of 10?
It is greater than 10;
It is less than 10;
It is equal to 10;
Can't tell.
(Boaz, 1991, p. 2)
The NAEP also reported that a mere 7 percent of America's 17 year old individuals, "have the prerequisite knowledge and skills thought to be needed to perform well in college-level science courses" (Boaz, 1991, p. 3). Further, a 1989 National Endowment for the Humanities survey discovered that 54 percent of college seniors, the vast majority of whom came from the public school system, could not identify the half century during which the Civil War occurred, 58 percent could not name Plato as author of The Republic, and 23 percent made the mistake of placing Marx's "from each according to his ability, to each according to his need," in the text of the US Constitution (Bacon, 1989).
Not only is the quality of the public school system horrendous, but its cost is extraordinary. America's public primary schools spent $5,246 per pupil on average during 1989. That is $130,000 for a classroom of 25 students. Furthermore this is above that of many private schools. Of the approximately $212 million spent on education through high school in 1989, only 40 percent went towards teachers' pay (West, 1983).
Where did the other $100 billion plus go? Far too much goes to administrators and bureaucrats. Boaz (1991, p. l7) writes:
Such massive bureaucracies divert scarce resources from real educational activities, deprive principals and teachers of any opportunity for authority and independence, and create an impenetrable bulwark against citizen efforts to change the school system.
Graham (1963, p. 57) claims that, "Modern education's chief contribution to preparing children for life in a democratic society is its emphasis upon cooperation in solving problems," (Graham, 1963, p. 57) but when a system spends more than twice as much on bureaucrats than on the actual teachers, there cannot be much cooperation going on, and the problem that is not being solved is the unconscionable waste of taxpayer resources.
The solution to this massive waste of resources being thrown at goals which do not materialize, is the market. The public education system wastes resources because, like all socialistic endeavors, it cannot rationally calculate in the absence of prices and private property rights (Mises, 1981; Hoppe, 1989). Under a market system, businesses receive signals from consumers in the form of their choice to buy or not to buy. Public education, on the other hand, gets partial signals from consumers (as voters) electing some officials every few years. Furthermore the signals are muddled by the fact that voters elect officials based upon a plethora of issues other than education. On the other hand, consumers of a private service send a scintillatingly clear, immediate signal when they choose whether or not to enroll their children.
The clear, immediate signals which a market system provides are necessary for educational (or any other) firms to be motivated towards increased productivity. In a private system, teachers, principals and administrators are accountable to the consumers. Boaz (1991, p. 28) writes, "[in the public school system] no principal or teacher will get a raise for attracting more students to his or her school." Just as critical, principals and teachers are rarely fired or reprimanded for not providing education excellence in a public system.
Lieberman (1989, p. 62) notes such in California:
If a district wants to suspend a teacher for as little as one day, the procedure that must be followed is the same as for firing a tenured teacher. The district and the employee each appoint someone to a three-member commission to conduct a hearing on the suspension. (The other member is a state-appointed hearing examiner.) If the school district loses, it must pay any compensation lost by the employee and the employee's hearing expenses as well. Not surprisingly, only about one teacher in 10,000 is suspended annually in California.
Civil servants lack both positive and negative incentives to educate children in a manner satisfactory to the parents who foot the bill (i.e., pay the taxes). There is no automatic feedback mechanism encouraging government hirelings to design productive, cost-effective schooling which fits the distinct tastes of their "customers." For example, perhaps poor families would forgo the cost of hiring teachers for basic physical education and art classes which often consist of no more than the activities children pursue outside of school on their own time. Under the public system, however, administrators have no incentive to challenge predominant school structure. If they do, there is no immediate effect on the tax structure, so parents would only see their children as losing services with no decrease in the price of education; also there would be no increase in salary for the inventive of the administrator. Supporters of the public school system, once having abandoned market forces as schools' drive toward productivity, can only point at a district, state, or federal bureaucracy to take their place.
There is only one way to restore the proper incentives toward a quality educational system. It is to take control away from the state. As Mises (1952, p. 45) observes, it is a question of either letting "individuals choose how they want to cooperate in the social division of labor and … what the enterprise should produce," or letting "the government alone choose and enforce its ruling by the apparatus of coercion and compulsion."
Is Education a Public Good?
The final argument put forth in favor of government-provided primary education is that primary education is a public good. A public good is one that is nonexcludable and/or a collective-consumption good (Holcombe, 1997). Nonexcludability means that there are prohibitive costs to keeping people from consuming the good once it has already been produced. A collective-consumption good is one that, once it produced for an individual, additional individuals can consume the good at no additional cost. Primary education, according to the public good argument, is nonexcludable. Externalities are associated with primary education which cause benefits to be realized by individuals who are not the primary (i.e., paying) consumer of education. Peterson (1991, pp. 345–346) writes:
At the family level, the education of the parents should benefit the children…. Children of [educated] parents are more likely to attend college…. There is also a tendency for at least part of the knowledge gained by parents during their school years to be transmitted to their children…. At the community level, the education of individuals makes the community a better place to live for all. For example, one's chances of getting mugged are greater in neighborhoods where people are poorly educated and have low incomes than in places where the majority is highly educated and affluent…. An increase in the educational level of people also reduces the amount of fear and suspicion that people have of one another … it helps us become more tolerant of persons who are different than ourselves.
Because schooling is nonexcludable, it will be provided at a sub-optimal level. Individuals who benefit from the primary consumer of education free ride on the provider's (e.g., the school's) service. Since these free riders are not paying for the tutelage, educational providers are not receiving payment from the full scope of schooling demand. Ergo, educational providers will provide too little schooling. The solution, according to the public good argument, is that free riders must be made to pay for primary education (i.e., citizens must be taxed for it) so that it is optimally provided for.
There are many problems with this public good argument. The most glaring problem that should be noted immediately is that, assuming that education indeed cannot be provided optimally by private means, what in the world would move someone to believe that government can better determine the optimal amount? Buchanan (1975) correctly notes that many economists, as soon as they believe that they have diagnosed a public good, fail to consider critically the role that government can play: "It was as if the alternatives for public choice were assumed to be available independently from some external source; there was no problem concerning the behavior of [government] suppliers and producers."
Furthermore, Tideman and Tullock (1976), who labored to design a process for social choice, admit that, "the process will not cure cancer, stop the tides, or, indeed, deal successfully with many other problems." Keeping that in mind, let us also ponder how many times the political process successfully translates economic theory into policy reality. In the political world of campaigns, interest groups and compromise, the answer is: very seldom, if ever. Therefore, we can not assume that government has the ability to determine efficient allocations.
Another problem with the public good argument — one which is not entirely independent from the above problem — is that it is doubtful that the only motive of the state in operating schools is one of concern for optimal provision. Above it has been demonstrated that public schools were founded as a means to attack the culture of certain immigrant groups. Also, as Holcombe (1997) observes: "…the government has the incentive to create the impression among its citizens that its actions are legitimate…. [It can do so by] creating propaganda that brainwashes citizens to respect government institutions and processes."
Government desires to educate because it can foster an obedient and loyal citizenry. "One has no trouble understanding why dictatorships demand government control over mass media, or why freedom of the press is viewed as a fundamental check on government's power…. Governments can still control the flow of ideas without controlling the mass media if they control the education system" (Holcombe, 1997).
The public good argument for public schools lacks any strength when examined. It assumes that government can provide optimal levels of a service without any justification for such an assumption. Also, the argument assumes that the state is motivated solely by creating an optimal provision. However, government has ulterior motives which work against any presumed motive towards optimality.
Conclusion
All the arguments in favor of a public provision of primary education prove to be unfounded and/or incorrect. The failure of the state to provide a high quality service to all (its explicit goal) has rendered public primary education illegitimate; and the immeasurable waste of resources and rejection of consumer desires has left public education borderline immoral. As well, if an educated citizenry is to be considered necessary for the operation of the republican government, then it is an inexcusable conflict of interest when elected officials are the ones in charge of providing that education. Furthermore, the argument of externalities and nonexcludability fails to buttress the case for socialist education. The only ethical, reasonable system for the provision of primary education is the free market.
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