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Classical international law in the Strait of Hormuz

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Hormuz in August is dead calm. The muggy air could choke a gnat. The sea is a mirror—so calm it feels oiled. Shave with it. Slit your reflection’s throat—barely a ripple. There are no birds. There is no sound. There are no tankers. The spice does not flow. Silently, the rest of the world is dying.

Sorry. It’s not actually like this. The world is not actually dying. Oil prices are up, a little. Gas prices are up, a little. Reserves are down, a little. Nothing ever happens. Nothing ever changes.

The military and political situation

The current state of the war, as best I can read it, is that the war is in stalemate, because neither side can afford to escalate. The issue currently in question is the political and economic stamina of either side.

The stalemate continues because the political leaders on each side need to come home with something, anything, they can call a “win.” The actual goal of both sides is a narrative victory—a retarded, but not unprecedented, diplomatic situation.

Neither side can afford to escalate, because the Hormuz war has shown us a new reality: conventional MAD. The Gulf states, Anglo-American protectorates since the fall of the Ottoman Empire, are pure infrastructure. The humans of the Gulf are almost irrelevant. These “nations” are oil wells, gas concentrators, desalination plants, airports, managed by a thin layer of expats, maintained by an army of helots. Their citizens are not an economic resource, but an economic liability. They exist only as a justification for these geological regions to call themselves “countries.” The lifeblood of these countries is not the hearts of their citizens, but the pumps of their refineries.

And offense in the missile/drone era, at least right now today, dominates defense. A few strikes on desalination plants, and the UAE has to evacuate Dubai. A few strikes on gas concentrators, and the world economy chokes. Why doesn’t Iran do this? Maybe because evilmaxxing, Marvel villain style, is not a real thing and never has been. “Mutual Assured Destruction” proved that in the Cold War.

It’s easy to forget that conventional MAD was already predicted in the interwar period with the invention of the bomber. “The bomber will always get through,” they said, and so indeed it proved. Many optimistic interwar thinkers, if not quite in a Norman Angell state of pre-WW1 innocence, believed that the political threat of city bombing would prevent a new war. It did not work out that way—the German bomber stopped getting through, the Allied bomber did not—and truly unstoppable cruise and missile “revenge weapons” were developed only by the Germans at the end of the war, after the loss of tens of thousands of Allied bomber pilots. Technical descendants of the V-weapons are the currency of the Iran war today,

The median voter turned out not to be rational and would vote for aggressive foreign policy and/or war, even if it involved his city being bombed. Nothing has proved as ineffective as bombing people, or even threatening them with bombs, to win their political affections. That 20th-century political systems, from far right to extreme left, (although guess who didn’t do “strategic bombing” in WW2, ever? Stalin!) have kept reinventing this bad idea of exploding sermons, is reason enough to distrust them all.

If anything changes, it will change because the USG today is determined to choke out Iran, and believes its blockade can last longer, especially with more and more tankers getting through at night with their beacons off. Maybe it’s right. Hopefully it’s right?

However, this strategy involves cornering a dangerous animal which does not particularly want to fight at the moment—but which can still fight, which is in a military state of conventional MAD, and whose regime is complex and divided and not exactly historically renowned for its sanity and stability. This seems risky?

The military situation is always a detail in the political situation. The political situation is that the military leadership of both sides—not “Iran” and “the US”, but the IRGC and the Trump administration—both need to bring home something they can sell as a win. Most American voters in 2024 were not terribly concerned with the freedom of the seas, in Hormuz or anywhere else. Like Iranian voters, however, they love a winner and they hate a loser. Live by democracy, die by democracy. Sad!

So, before it all goes pear-shaped on both sides, I have a win-win peace plan—the second half of this essay. My plan makes no sense without its context—which is international law—which is 200 years of no good, horrible, very bad international law.

The plan is a really dumb plan. It’s just to restore the old, good international law of 250 years ago, and apply it to the Middle East—sensibly, so things don’t catch fire and explode. But without a little history lecture first, none of it will make sense at all.

The 20th-century context

Iran is a real country, for better or for worse. Mainly for worse. Although the Islamic Revolution was never aligned with the USSR, it was always a Leninist revolution in both form and style, and its alignment with the last of the Leninist powers and the Russian successor state is inevitable—as is its alignment with the last remnants of Third World “freedom fighters” in Hamas and Hezbollah. Without being a neoconservative, I can agree that if the Trump administration could wave a magic wand, and abolish the last remnants of 20th-century Leninism around the world, (a) this would be very nice for anyone, and (b) it would not be reborn anywhere.

Yet we also have to admit that the only path toward being an independent, sovereign country in the 21st century ran through 20th-century Leninism. These deeply carnivorous states, founded in chaos and blood—like all historical nations, but a good bit worse than most—either imploded, or matured.

China, where the laptop I am typing this on was made, is the perfect post-Leninist state. All that remains of its old deranged ideology is pure pragmatism. Mao Tse-Tung had his Thought and so does Xi Jinping, but we cannot imagine today’s China funding revolutionary terrorist movements in Africa based on Xi Jinping Thought. Nor does Premier Xi appear on many dorm-room posters. Nor does he need to. Trump has no magic wand that can abolish the Chinese Communist Party, or even the Iranian Revolutionary Guard. Sovereignty ultimately rests on physical and economic force.

Accepting that mad-dog 20th-century Leninism can mature into 21st-century sovereignty is a bitter pill for believers, liberal or conservative, in the old American Century. Unification of the Leninist world with the “democratic” world was a core belief of Cold War Americans. Most liberals, all the way from 1917 to 1989, believed in convergence: the theory that the two orders shared the same basic ideals. The rough Russian bear would be cajoled, rewarded, tamed and socialized. The wild, individualistic American cowboy would be caponized. And the odd-couple of conservatives and Trotskyites, who in the 70s would merge into the neoconservative tradition, expected the USSR to be defeated or, possibly, collapse of its own contradictions, and then elect Ronald Reagansky. Or maybe Ayn Rand.

All of these things sort of happened, and sort of didn’t. Russia wound up with Putin. Who is not quite Xi Jinping, but not Stalin either.

Neither living American foreign-policy tradition has an answer to these outcomes. But there is also a post-Leninist foreign-policy tradition, whose lines are often spoken in English. When we hear people in 2026 talking about a “multipolar world order,” we are almost always hearing post-Leninism. The language and philosophy of Russian, Chinese and “Global South” foreign policy remains well within the old Soviet tradition. And the Soviet tradition was at its core a tradition of hypocrisy, cynically wielding “anti-imperialist” and nationalist ideas as a path to its own global empire.

What we’re looking at is three different schools of imperial-revolutionary foreign policy: the old school of Anglo-American liberal imperialism, the neoconservative post-Trotskyist school of world democratic revolution, and the neo-communist, post-Stalinist school of Third World socialist-nationalist revolution.

The 19th-century context

All these schools, though perhaps less the explicitly antinomian neoconservatives, claim the mantle of “international law.” There is not one living “international law.” There is Samantha Power international law, Robert Kagan international law, and Alexander Dugin international law.

And they all suck. No, really. All these traditions are absolutely vile and tired and harmful and need to be abolished.

All, even the Soviet revolutionary tradition, are descendants of 19th-century English liberalism. Anyone who reads any Soviet history of the 19th century will recognize all the usual liberal heroes. The Bolsheviks were, of course, extreme Westernizers on the Russian political spectrum.

We cannot understand the history of the 19th century without understanding that, in 1815, the world became a unipolar military, financial, and diplomatic order. England after Napoleon’s defeat had no geopolitical peer in the 19th century, just as America had no peer in the 20th—and the unity of the Anglo-American empire is shown by the smooth shift of gravity from London to Washington. Basically, we are all living in Cecil Rhodes’ last will and testament. While the German, Japanese and Italian regimes in World War II, and the German regime in World War I, did aspire to equality with Anglo-America, as did Moscow after World War II, we know who won.

Legal theorists distinguish between positive and natural law. Positive law is a system of rules imposed by superior authority. Natural law consists of the rules that normal human beings, with normal human psychology, normally regard as fair. “Thou shalt not steal.”

There has never been any human society in which it was, like, okay to steal. If a ship is wrecked on a desert island where there is no legitimate government to impose any system of positive law on the shipwrecked sailors, it is still not okay for them to steal from each other—and natural law also allows for both repossession and retribution.

Philosophy always grows to fit its time. Law, even more so. And the 19th century, so new and fruitful in so many ways, developed its own new philosophy of international law—a positive international law. A system of rules collectively agreed to and collectively enforced. Under the benign, free, civilizing, peaceful umbrella of the Foreign Office.

Outside the formal British Empire proper, an informal empire of satellite states developed: the modern era’s first “international community.” Any half-educated bandit chief who could recruit a small entourage of Byronic gentlemen with friends in the London press could, with the generous (but informal) assistance of the Royal Navy, overthrow its old regime, stake out some territory, and declare himself President of a brand-new three-newspaper republic. This would be a “country,” in the same sense that, say, Spain, was a country. Spain was not in much position to object.

We will have to accept that the British empire, with a small E, was the first Orwellian empire. Already in the Victorian age, soft power was its greatest power. If it became fashionable in London in 1837 to call a cat a dog and a dog a cat, in ten years all the cool kids in Vienna would be inverting their animals. The wellsprings of soft power are as mysterious as the mind of man—or even, as the fashions of woman. Yet it always correlates with hard power. Always and everywhere, strength is fashionable.

English is the world language today for many reasons. As Borges said, due to its origins, it is objectively the best Western language for either prose or poetry. It is spoken worldwide, though, mainly because of the Duke of Wellington.

Until Waterloo, European international law—the jus publicum Europeaum—was a system of natural law. In the classical era, there was no hegemonic power that could impose a positive international law. The concept would have made no sense.

But in the new unipolar order, it was the old natural international law that no longer made sense. It was no longer relevant. A new order existed, like it or not. The new order, as Machiavelli recommended, copied the symbolism and reputation of the old order, while inverting its substance—to follow the geopolitical reality of the century.

This Jedi mind trick, and the legal ambiguity it created—since the old Westphalian order was never explicitly repealed—led directly to the great wars of the early 20th century, which were fundamentally rebellions against this new unipolar Anglo order.

In the public mind of the unipolar hegemon—of our dear Universal Republic—any rebellion is an attempt to capture unipolarity. In the public mind of the rebel against this order, any rebellion is an attempt to restore the multipolar order. Because the old order was never in any formal way denounced, abandoned or repealed, both orders held competing legitimacy—the basic formula for war.

In 1940, the Nazi invasion of America loomed large in our minds. Hitler was said to be ready to leap, tigerlike, across the Atlantic from Dakar to Brazil. In historical reality, world domination was never really a thing for the Nazis. Continental domination certainly was. World domination—that was our thing. The Anglo thing. Obviously.

The rebel, in any rebellion, is always accused of aspiring to hegemony, not secession. Usually, he denies the false accusation. His denial confirms the frame—often at real military cost. Hitler stopped at Dunkirk because he didn’t want to invade England, and he wanted England to see that. Like many of Hitler’s ideas, it didn’t work out.

Similarly, no historian now believes Jefferson Davis was plotting to establish slavery in Boston. But this “Slave Power Conspiracy” is a normal strain of Northern political thought in the 1850s—Southern Derangement Syndrome, essentially. After Bull Run, the first battle of the war, the Confederates could easily have taken Washington—militarily. Politically, they could not, because this expansion of their war aims would have confirmed the deranged conspiracy theories of their enemies. Later in the war, this delicacy was not such a concern. As at Dunkirk, the opportunity never recurred.

If Gettysburg had gone otherwise, could the War of Secession have produced a stable geographic division in the former United States? If Stalingrad, Midway, the Marne, had gone otherwise, could the 20th-century “world wars” have resulted in a stable multipolar order? Or would the new pole or poles, flush with victory, have embarked on a march to a new unipolarity? On all these questions, smart observers can disagree.

True multipolarity dies in the 19th century and is never properly resurrected in the 20th. And while World War II did result in a kind of bipolarity, the historical reality of Moscow as a schismatic satellite of Washington, much as Beijing was a schismatic satellite of Moscow, dictated a very different relationship than any that ever existed between Washington and Berlin. Nothing here to copy, gentlemen!

The 18th-century context

We do not find real, decentralized, multipolar international law, with a genuine connection to the ancient world, until the classical Europe of the 18th century.

The universal 18th-century textbook is Emeric de Vattel’s Law of Nations. Both sides in the American Revolution, for example, considered Vattel the standard. He is summarizing and condensing a long European tradition that goes back centuries, and is also fully aware of Greek and Roman thought on the matter.

Educated with even a smattering of “Model UN” 20th-century liberal international law, we are immediately shocked by Vattel’s bizarre, even evil, principles. For instance: if asked for the highest goal of international law, most American undergrads would say: outlawing war. Whereas according to Vattel, the right to make war is a fundamental attribute of national sovereignty. What is up with this guy?

If the decision to make war is taken outside the nation, a core aspect of the nation’s sovereignty lies outside the nation. This means it is no longer sovereign. On these grounds alone, Vattel would classify the post-1945 states of both Eastern and Western Europe not as states at all, but as protectorates—not countries, but external provinces. This is obviously consistent with our historical narrative of military unipolarity.

Under natural law, there is no government or court or “United Nations” or hegemonic power that can impose rules from above. Natural law confines itself to the perception of right and wrong as understood by all sincere good-faith actors. It does not require everyone to be friends. It is a formula for distinguishing between amicable and predatory behavior. The natural law of nations, and the natural law of individuals, operate in just the same way.

Combat is not an exception to natural law, but an aspect of it. Under natural law, combat is the only way to settle disputes: a fight, instead of a lawsuit. Louis XIV had the motto “ultima ratio regum,” or “the last argument of kings,” cast into his cannons.

Who attacks first is not at all an issue. The 20th-century concept of “aggression” does not exist in Vattel, to whom it would be like automatically preferring the defendant to the plaintiff in a court. Of course, if you have been wronged, you have a natural right to redress that wrong—which inherently involves attacking.

Vattel’s law of nations assumes that the ostensible purpose of every war is to assert right against wrong—either to redress some past or current wrong, or to proactively prevent some future wrong. The plausibility of any such rationale is not for any central party to judge, but for every other sovereign to judge on their own.

Frederick the Great, when he invaded Silesia, produced an enormous legal dossier, involving distant chains of princely inheritance, which explained why he was the rightful owner of Maria Theresa’s province. Without weighing in on the validity of this legal case, historians can agree that Frederick’s army proved stronger—though not so much stronger as he had hoped.

The goal of classical international law is a stable, peaceful world of strong and independent nations. Every nation has an incentive to be strong, protecting its rights against all encroachments. Nations which use their power in bad faith, embarking on a predatory path, will be unable to disguise their contempt for the natural international law, and will excite self-interested defensive coalitions. Frederick was on the edge of this path—and still, he was no Napoleon or Hitler. The old system worked.

Peace will enforce itself when no power has an incentive to make war—an incentive which should be created only rarely and by pathological weakness. Rotting states are swallowed easily by their neighbors, giving their citizens the blessing of strong and vigorous government. Vattel is unambiguous that conquest produces valid title. If it did not, irredentism would never end. As indeed it has not.

And in the classical regime, war is a contest of militaries. These militaries ultimately command all the resources of the state, including its manpower as infantry. But war is confined to the state. The purpose of war is to capture and milk populations, not to decimate them, brainwash them, etc. War is about where you send your tax check.

The “cabinet wars” of the 18th century were not like the revolutionary or genocidal wars of the 19th and 20th centuries. They involved only professional soldiers. The 21st-century equivalent will probably be robot-on-robot. In case of war, remain indoors to avoid falling debris.

(You do have to evacuate if a robot-dog infantry zero-line passes through your zipcode. In this case there may unfortunately be property damage. The peace settlement will reinsure your insurer. If they still exist, make sure to check your security cams for anything kino to post.)

Working systems of natural law are all about incentives. By crisply defining what behavior is honorable, they maintain peace among reasonable, independent, good-faith sovereign actors. These mechanisms are often counterintuitive, especially to those deeply steeped in the Anglo-American narrative—as, of course, we all are.

Another principle of natural international law is the idea that “might makes right.” Again, this sounds downright evil! This is Hitler stuff. Or at least Nietzsche. The blond beast has come out of his cave, hungry for prey.

Under natural law, there is no system of positive law enforcement. Wherever possible, the law should enforce itself. If the set of actions you are legally permitted to perform is identical to the set of actions you can objectively to perform, the law enforces itself. While perfect alignment between might and right is never possible, the farther away they drift from each other, the more unstable the legal order. Ergo, might makes right.

Even positive law (which is found in all civilized societies, but always grows out of, clarifies, and modifies the natural law) cannot escape “might makes right.” We all know this saying as: “possession is nine-tenths of the law.”

Possession cannot be the whole of the law, or whoever stole a wallet would get to keep it. But, if I want to get something back from you, possession remains the default. Even in a fully-governed society with courts, police, etc.

Under mere natural law, I have to convince a sufficiently strong posse that it is in everyone’s interest to help me get my wallet back. The bigger the posse, the less likely actual violence is. Under positive law, I have to convince a court to take it from you and give it to me. Moreover—the longer you have had it, the harder it becomes for me to get it back. This is called “adverse possession,” yet another case of “might makes right.” Every anarchist squat in West Oakland is legally reliant on “might makes right.”

The evolution from posse to court is natural—depending on how often the posse is needed. Once the good citizens of our desert island have to turn out and bust heads three or four times a week, they are going to start thinking about more formal arrangements. But the modern world of domesticated man, however divided into countries, nations and sovereignties, hardly seems to require much head-busting. Maybe it’s best to keep it informal.

This “Westphalian” law of nations, this sublime cathedral of powerless laws, which held classical Europe together for centuries, was in the 20th century maligned as “isolationism” and in the 19th as “international anarchy.” It was all that any statesman before 1800 (or really 1795, with Kant’s pernicious pamphlet Perpetual Peace), knew as “international law.”

There are many statements of Vattelian principles from the American founders, most notably in Washington’s Farewell Address. I prefer John Quincy Adams, from the Monroe Doctrine Address (1823):

Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is, not to interfere in the internal concerns of any of its powers; to consider the government de facto as the legitimate government for us; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy, meeting in all instances the just claims of every power, submitting to injuries from none.

Cynics will note that the USG, in subsequent centuries, did have some trouble in maintaining this abstemious oath. Even President Washington had to address the question for a reason. Interfering in the internal concerns of other powers is more American than baseball. Sovereign kibitzing of every kind has been a national pastime since the ink was dry on the Articles of Confederation. Americans are strongly urged to consider a less toxic hobby, such as sports gambling.

The 21st-century future

Is it possible to restore natural international law in the 21st century? It is more than possible. It is imperative.

Classical international law withered because, in a militarily and financially unipolar 19th century, it was no longer relevant. The 20th century, in the Cold War, developed a weird bipolar global empire. The bipolar world order was a mess, involved a mendacious narrative on both sides, and (frankly) did a lot of awful and/or retarded things. On both sides. We do not need any aspect of Cold War diplomacy back.

Classical international law is back because the world is now an objectively multipolar order, militarily and financially. We cannot fit Russia, Iran and China into an “axis of evil” sack. These nations do not trust each other. There is no “DragonBear.” At best their alliance is one of convenience—not ideology, and certainly not conspiracy.

The reasons for this mistrust (as with the mistrust within the original Axis, which largely lost them the war) are complex, but I blame the deep historical falsity of the post-Soviet model of international relations. Russia and China do not even realize, and cannot even realize, that they have become effectively right-wing powers. How can they cooperate when they are living in two different histories, neither one true?

What is certain is that the US cannot defeat Iran with direct military power, let alone Russia and China. Right now it is attempting to pull off an indirect, economic defeat by blockade. That might still work on Iran. Try it on China. When China wants Taiwan back, they will say: if serious final-status negotiations have not begun within 30 days, no more flights into Taipei. In 90 days, no more ships. What are we going to do, start bombing? The whole military scenario is a Pentagon contractor’s fantasy.

The reality of 2026 is that the world is a multipolar order—not normatively, but objectively. The world in 1826 was a unipolar order—not normatively, but objectively.

The classical international law is back, in the 21st century, because of a comment that an American “senior official” made, about a month ago, about the ill-fated Hormuz MOU. He said:

If Iran will behave like a normal country, we will treat it like a normal country.

Two things about this statement. One: it is a statement of natural international law. Two: part of it is missing. The missing part is, in my opinion, the solution in the Strait of Hormuz.

The missing part is that the US, too, needs to find a way to behave like a normal country—and find a practical road back to a John Quincy Adams foreign policy. At least, in the Middle East.

The US is not a normal country. It is not even a normal great power. In my humble opinion, it should become one—at least, in the Middle East. This cannot be done without returning to classical international law. It cannot be defined, except as returning to classical international law. But this return cannot be in any way unilateral. Both Iran and the US have to become normal countries, as does Israel. It’ll be great. But the path is not easy—spiritually. There has to be real truth and reconciliation.

Peace cannot be achieved without confessing the sins of the Iranian regime. If you don’t let people in the room until they do this, you can keep the Third-Worldists out. Where these post-Soviet theorists go wrong: Iran has not been behaving like a normal country. As a result, it has lost its right to complain. The Islamic Republic should not be surprised to be bombed. They have done so much to earn it!

The neoconservatives are right. Iran, for decades, has been behaving like a mad dog. Funding revolutionary movements in other countries is not neighborly behavior. It is very hard to explain as any kind of preventative self-defense. And one important Vattelian principle is reciprocity: if you break the rules, whether of war or diplomacy, you lose the protection of the rules you break.

Far from crying “genocide” (another 20th-century word), Vattel would find Israel’s handling of Hamas oddly half-hearted and timid—because Hamas decided, at the start, that the rules of their conflict would be those of Papuan cannibals. So be it!

Under natural international law, “asymmetric warfare” is not a thing. Hamas has given Israel the right to make war by indiscriminate pillage and murder—much as Nazi Germany gave the Bolsheviks that right (though they had no need to).

Israel should not use this right (since it has no need to). Israel should also put its October 7 GoPro snuff video online—for those who doubt. Palestine enjoyers must have a thousand times as many minutes of IDF POV war porn to comb through, to match it. Or try to match it. Good luck. No, I don’t actually mean that.

Israel has every right to commit any violence it militarily needs to commit—not even just because of October 7. Even regardless of reciprocity with Hamas’ happy fun time, Westphalian law does not bar any militarily effective strategy. It only bars unnecessary military action against civilians.

If respecting the natural law made war significantly harder, no reasonable war leader would respect the law; so it would not be the natural law. In the military law of Vattel, there is no such thing as a human shield. If you tie someone to the railroad tracks and the train comes, it is you who are the murderer, not the train. The same is true when you colocate military targets with civilian institutions, the repeated practice of Hamas.

Yet still, the smallest moment of pointless Israeli cruelty in Gaza is, as Talleyrand said, “not a crime, but a mistake.” Proper handling of the disarmed enemy combines decisive dominance with care and even hospitality—the winner owns the loser. When any power has sovereignty over a human being, it becomes that other’s guardian. Even Papuan cannibals adopt and/or enslave many of their captives, rather than just eating them all right away. Cool, overwhelming force is always better than mere hot violence. Israel’s cynical policy of “mowing the lawn,” war without victory, is contemptible.

Under Vattel’s law of war, the condition of Gaza is simple. It is a siege. Israel has every military advantage in this siege, and has every right to conduct a siege—including blocking food, power and water. It should evacuate Gazan civilians to secure housing through a secure corridor, then give martyrdom to whoever wants it.

While the fate of the Gazans is inherently shrouded in the contingency of war, they are human beings and should not be living in a war zone. (Actually forcing civilians to remain in the besieged city, consuming resources, is too hardcore for our century, but still traditionally permissible.) The bottom line: the complete subjugation of Gaza is not a hard military problem for Israel to handle, even (relatively) humanely. Indeed, it should have happened quite some time ago. Endless war is bad for people actually?

Enough about Israel. Who cares about Israel? Israel can take care of itself. Let’s get back to Iran. While they probably did not sign off on October 7 specifically, Iran’s Soviet-style foreign policy of supporting militant nonstate actors overseas, often actors with a serious taste for blood, is not the policy of a normal country.

Iran has not been a normal country. The US wants it to be a normal country—a normal Gulf state, much more populous, much less Arabic, much more Shia, and probably still much more traditional—but still, a Gulf state. The closest thing to Pahlavi Iran, or what it would be today if Jimmy Carter had not decided to overthrow the Shah. But with not quite as many bikinis.

Iran has not been a normal country. Does it want to be a normal country? Depends who you ask. But also, the US has not been a normal country—not in the Middle East. Not anywhere. Whether or not we should be a normal country, we are not a normal country. Do we want to be a normal country? Depends who you ask.

War is a funny thing. If you see a mad dog, you kick it to keep it away from you. But if you kick a dog every day, it might just go mad. Over time, the origins of this cycle become lost, and in fact irrelevant. The dog is mad. The dog gets kicked. The dog goes mad. The dog gets kicked. It’s yet another DC self-licking ice-cream cone.

My view, which is the view of an ignorant person who knows no one of any importance, is that the proper settlement across the Middle East—in the Strait, and beyond—involves three countries, none of which has been behaving as a normal country under the old law of nations, returning simultaneously to normal behavior.

These countries are the US, Iran, and Israel. All three are in the habit of behaving quite abnormally. (The Gulf states are much more normal—unsurprising, as they are monarchies.) To restore classical international law, and hence to restore peace, in the Middle East, first define normalcy, then work together on the path to it.

For Iran, what does it mean to be a normal country? It means Iran is a Gulf kingdom with Persian characteristics. With the Khamenei dynasty as the new Pahlavis. Still traditional. Never insane. Tourists welcome. Headscarves required. Don’t bring drugs or be gay. It’s fine. Impressive military parades, scientific achievements, architecture, etc. Typical Persian behavior. Moar Islam.

For Israel, what does it mean to be a normal country? I have no idea. I am not Israeli. And who can understand the Israelis? I suspect it means they kill everyone who messes with them, then settle down, make money and be gay. Have gay raves. Study the Talmud all day. This is also gay. It’s 2026, and everything is gay. It’s fine. Maybe it shouldn’t be this way—but it is.

Natural law is about living in reality as it is. No more liberal jihads to change the whole planet into something else it supposedly should be. Maybe Uganda doesn’t want to be gay. In that case, gay Ugandans should probably leave. The rest of our gay world can probably find a way to absorb them. Again, this is what “asylum” is for.

For the US, the meaning is very clear. Once we acknowledge without any pussyfooting that our precious “international community” is just FDR’s big gay Protestant world empire, and even that it goes all the way back to Cecil Rhodes’ Liberal-Imperialist secret-society boy-scout fantasies, we can acknowledge that America is not a normal country; and also, that the highest goal of our foreign policy is to find a way to become a normal country, without jeopardizing our national interest.

For a United States which is no longer a net energy importer, safely disengaging from the Middle East does not seem like the most trying of geopolitical challenges. Idk. Your mileage may vary.

Vattel in Hormuz

But let’s take a serious crack at applying these doctrines seriously to the sinister, ever-shifting swamps of Hormuz.

Alas, the Gray Mirror subscriber is too long neglected. I have to paywall you guys…

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Universal Healthcare Sounds Great. Here's What's Happening in Countries That Have It.

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A doctor holding the hand of a patient | Igor Mojzes/Dreamstime.

"Free healthcare is cool," comedian Shane Gillis recently said on The Joe Rogan Experience. "We should have that."

"You should treat the entire country like it's a community," Rogan replied. "If you had a community, would you want the sickest person to fucking die who could be very valuable if you could take care of them, and do you have the resources to take care of them?"

While support for "free" healthcare in the United States is not new—Harry Truman campaigned on universal health insurance in 1948, and Sen. Bernie Sanders (I–Vt.) has popularized the "Medicare For All" slogan in recent years—the policy has received renewed interest of late. The Democratic Socialists of America have made universal healthcare "at no cost to individuals" a key component of their party's expensive platform.

But it is not just political hopefuls who like the idea of universal healthcare; academics seem to as well. A recent study by the Yale School of Public Health claims that single-payer universal healthcare would save more than 100,000 lives a year, and would supposedly cost $1 trillion less than the system it would replace. The study, which has not been peer-reviewed yet, appears to come to its conclusions by modeling a scenario that assumes cheaper pharmaceutical prices, less administrative overhead, reduced fraud, and fewer emergency visits.

But we do not need modeling of unrealistic scenarios to see what universal healthcare could do for Americans; we just need to look at countries that have already implemented this system.

In Canada, the closest country to the United States that has universal healthcare, healthcare spending is responsible for 12.7 percent of GDP, several percentage points higher than the average spend of Organization for Economic Cooperation and Development (OECD) countries. Despite this higher spending, the median waiting time between referral from a general practitioner and receiving treatment has hit 28.6 weeks, which is 208 percent longer than the wait Canadian patients would have expected in 1993. From April 1, 2023, to March 31, 2024, almost 15,500 people died waiting for healthcare in Canada, according to data compiled by SecondStreet via a Freedom to Information Act request. In 2025, 9.1 percent of Canadians "expressed unmet needs for healthcare," compared to the OECD average of 3.4 percent.

In 2020, 62 percent of Canadians who needed specialist care waited at least a month to get it, compared with just 31 percent of patients in the United States. Drawing on results from the Commonwealth Fund's International Health Survey, the OECD found that in 2023, more than one in 10 Canadians who needed a specialist appointment reported waiting over a year. Among the 10 countries surveyed, the only other country where this proportion of patients reported waiting over a year was the United Kingdom.

When the U.K. established the National Health Service (NHS) after World War II, NHS architect Clement Attlee envisioned a welfare state that provided care for British citizens from "cradle to grave." Today, like Canada, long waiting lists are a common fixture. Latest figures from the NHS show that 7.3 million people—or around 1 in 10 people in the U.K.—are on NHS waiting lists. Over 105,000 cases involved patients who had been waiting over a year for treatment.

On Tuesday, The Telegraph reported that patients have died after doctors were encouraged to refer fewer people to hospital under the NHS Advice and Guidance (A&G) system introduced earlier this year. The A&G attempts to reduce hospital waiting lists by encouraging doctors to consult a hospital specialist before formally referring a patient. The Health Services Safety Investigations Body recently said that "poorly designed or inadequately monitored pathways have contributed to physical harm, delayed and missed diagnoses, and in some cases to delays in cancer care." For instance, The Telegraph reported on one patient who was suffering from regular seizures when their doctor made an A&G request. After waiting for weeks, the patient had a seizure and died of cardiac arrest at home.

The NHS performs poorly on almost every available measure compared to other systems. In the year before the COVID-19 pandemic, the U.K. reported an avoidable mortality rate of 71 per 100,000 people—the second-highest avoidable deaths in all of Western Europe (though it did perform better than the United States). For the most common types of cancer, U.K. survival rates rank near the bottom of Europe, often only marginally ahead of the Czech Republic and Slovenia. Among comparable high-income countries, the U.K. has some of the lowest five-year survival rates for breast, cervical, colorectal, and lung cancers. "Cancer exemplifies the problems with the UK's health system," according to the King's Fund. "Early detection, diagnosis and treatment of cancer is critical for improving patient outcomes, yet the UK compares poorly on all."

The lack of quality care in Britain has had serious ramifications for patients like Carly, a 31-year-old mother of two. She tells Reason that while pregnant with her second child, doctors discovered a "basketball-sized tumor" that needed to be removed through emergency surgery. Yet "for the next four weeks," she says, "every week it would come up to like the day before, maybe two days before my surgery had been scheduled for, and they would cancel it." 

After eventually undergoing a successful surgery at 23 weeks pregnant, Carly says her morphine pump repeatedly ran out, despite doctors warning her that unmanaged pain could trigger labor. She was also told that she, not hospital staff, was in charge of staying on top of her medications. "I didn't shower. I was there for five days, and I didn't shower. Nobody changed my bedding," she says. Looking back, Carly says, "I feel like I was let down horrendously," adding that she "would have happily gone into medical debt in the U.S. to avoid what happened to me in that situation."

Failures like these are not surprising in universal healthcare systems. "Every time someone advocates a government activity…they say this is going to save lives. Almost never do they provide evidence establishing that," Michael Cannon, the Cato Institute's director of health policy studies, tells Reason. "No one ever tallies all of the costs of extracting that money out of the economy…[or] the foregone benefits of whatever the people who earn that money would have spent it on."

The U.S. healthcare system has plenty of problems. While the promise of "free stuff" may sound tempting, the experience of countries with universal healthcare should make Americans deeply skeptical of the idea that putting the government in charge of the entire system is a panacea.

The post Universal Healthcare Sounds Great. Here's What's Happening in Countries That Have It. appeared first on Reason.com.

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Routledge Handbook of Classical Liberalism Available for Free on Amazon Kindle

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Routledge Handbook of Classical Liberalism | Routledge

The Routledge Handbook of Classical Liberalism is now available - for free! - on Amazon Kindle. I don't know how long this generous offer will last, so interested readers should act fast. The volume is edited by big-name libertarian/classical liberal scholars Richard Epstein, Mario Rizzo, and Liya Palagashvili. Epstein, of course, is probably the most prominent living libertarian legal scholar in the world. There are chapters on a wide range of issues in law, economics, and political theory, including one by me on "Land-Use Regulation." A version of my chapter is also available on SSRN here. Other contributors include such luminaries as Peter Boettke, Tom Merrill, Richard Wagner, Alex Nowrasteh, and many, many more.

Here is the publisher's summary of the book:

The Routledge Handbook of Classical Liberalism provides a comprehensive analysis of classical liberal theory including a survey of the theory's central ideas and arguments, and the application of these ideas to contemporary issues.

Chapters providing theoretical analyses are interwoven with coverage of wide‑ranging, concrete applications such as public health and healthcare, technology, policing, taxation and wealth, constitutional structures, and more. Across these areas, this handbook demonstrates how classical liberalism provides a unified approach over a divergent set of problems, providing a statement of modern classical liberalism serving as a research tool for a wide variety of individuals across the ideological spectrum. Classical liberalism is a systematic effort to ensure that the existence of the state does not abridge the fundamental rights and liberties of individuals, especially including property and contract rights. It holds that laws must satisfy the criteria of the Rule of Law so that stable relations between the individual and the state may develop.

The Routledge Handbook of Classical Liberalism is an authoritative and key reference text for students, academics, and researchers engaged in the study of political ideologies, political science, political economy, economics, law, social policy, and related fields.

And here is the abstract for my chapter:

Land-use regulation is a major function of virtually every government in the world. It raises many issues for classical liberalism. This chapter provides an overview of three of the most important areas of land-use policy: the use of eminent domain to forcibly take property for government-approved projects, regulations that restrict property owners' use of their land, and the relationship between property rights in land and migration restrictions.

Section 2 covers the use of eminent domain to take private property and arguments for its limitation to genuinely "public" projects, as opposed to coerced transfers between private owners. Unconstrained use of eminent domain is a serious threat to property rights and hampers economic development.

Section 3 considers regulatory restrictions on land use that do not involve physical occupation of property. There is a long-standing debate about the value of such restrictions and whether the government should pay owners compensation. The most significant regulatory restrictions of this type in many nations are zoning rules restricting housing construction.

Finally, Section 4 provides a critical overview of property rights rationales for restricting mobility, particularly in the form of international migration. Such theories justify severely constraining the liberty and property rights of both migrants and natives.

Although I'm a contributor to both this volume and the earlier Routledge Handbook of Libertarianism, as well as the Cambridge Handbook of Classical Liberal Thought, I am still not sure whether there really is a meaningful difference between libertarianism and classical liberalism. See here for my analysis of possible distinctions between the two, and why I'm not convinced they work. I myself prefer the term "libertarian" to describe myself. But that's mostly an aesthetic preference, not one based on substance.

The post Routledge Handbook of Classical Liberalism Available for Free on Amazon Kindle appeared first on Reason.com.

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MMT: A Political Movement without Serious Defenders

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Modern monetary theory is an idea and an inchoate theory that lacks serious defenders.
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The Fairphone (Gen. 6+) puts best tech practice in your pocket without compromise

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Choices, choices. What if you don’t want to give up the convenience of smartphone but still want to do things a little differently? We flagged the existence of the Fairphone 6 in an earlier round-up of simple smartphones, but now we’ve had a chance to trial the uprated new Fairphone (Gen. 6+) to see if it lives up to its promises.

Fairphone (Gen. 6+) in the new Cobalt Blue finish

Fairphone (Gen. 6+) in the new Cobalt Blue finish (Image credit: Fairphone)

First impressions of the FP6+ are very favourable. The processor has been upgraded to the Snapdragon 7s Gen 4 (as found in Nothing Phone (4a) and various models from OnePlus, Motorola and Xiaomi), while onboard memory is now a competitive 12GB.

The camera stays the same as the original 6 (a 50MP main camera with a Sony lens, a 32MP Samsung front camera and a 12MP ultra-wide camera), while the exterior is distinguished by a new Cobalt Blue finish, with matching accessories.

An evolution of the Fairphone, from the earliest FP1 at left to the FP6+ at right

An evolution of the Fairphone, from the earliest FP1 at left to the FP6+ at right (Image credit: Fairphone)

For most casual users, the most important part of a smartphone is the camera, and the FP6+ is accomplished but not exceptional. Comparing like-for-like images with a more dedicated camera-centric phone (the Leica Leitzphone powered by Xiaomi) and images are softer with slightly less definition and flatter colour – it’s a combination of lens quality and post-processing that gives the Xiaomi the edge, as it should given its price premium.

The original Fairphone 6 in green

The original Fairphone 6 in green (Image credit: Fairphone)

In the hand, the Fairphone feels more plasticky than the sleek metal devices we’ve become accustomed to. To its credit, Fairphone leans into this, partly because over 50% of the total weight of the phone are made from fair and recycled materials.

Organisations like the Fair Cobalt Alliance, co-founded by Fairphone, are striving to improve conditions in cobalt mines in the DRC, the kind of small-scale, low-wage and high-intensity working environment that has become essential to smartphone manufacturing yet is all but invisible to consumers.

If you’re keen to support such initiatives, you’re also probably more disposed to digging into devices when they start to go wrong. The FP6+ contains 12 different parts that can be repaired with nothing more than a screwdriver. That includes the battery, as well as a range of accessories, while Fairphone will also supply a list of swappable spare parts, from camera modules to the speaker and the screen (which comes in at €89.95).

Exploded view of Fairphone (Gen. 6+)

Exploded view of Fairphone (Gen. 6+) (Image credit: Fairphone )

As well as all this, the phone has support for a regular SIM and an eEIM, microSD card support and a new dedicated Fairphone Gallery app if you want to keep your images away from the big tech brands.

The bottom line is that this is a common or garden mid-range Android smartphone, a wise buy at a time when mid-range is king. As previously noted, the speed of chips and quality of screens, cameras and the overall Android experience has reached a point where most mid-range devices do all you could conceivably require of a phone.

Fairphone (Gen. 6+) battery replacement

Fairphone (Gen. 6+) battery replacement (Image credit: Fairphone )

The recent pivot towards folding flagships is one way of keeping phones in the premium space, as is the largely unnecessary addition of intensive AI-driven processing, interrogation and photography. Fairphone is about neither of these things, although it's more than capable of running Google's Gemini.

But how long should a smartphone last? Google promises seven years of OS updates for its Pixel range, a figure also matched by Samsung. Apple’s iPhone can max out at eight years of support. All these figures overlook the fact that battery life could well be severely impacted before these targets are reached, making the device economically unrepairable before its time.

The upcoming Fairbuds 2

The upcoming Fairbuds 2 (Image credit: Fairphone)

Fairphone reckons the new phone should easily last through to 2033 and beyond, thanks to its repairability and promised software support. As a result, there is a great deal to admire in the Fairphone (Gen. 6+), as a small company punches above its weight while also foregrounding best practice in an industry not best known for its sustainable and ethical approach. The new model also marks the brand’s debut in the USA – a timely arrival, given the gathering support for the Right-to-Repair movement.

Fairphone (Gen. 6+)

Fairphone (Gen. 6+) (Image credit: Fairphone)

Later this year, the company will bring these qualities to its second set of earbuds, Fairbuds 2, continuing its mission of keeping pace with change without compromising its values.

Fairphone (Gen. 6+), £569 / $649, Fairphone.com, Amazon.co.uk



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Assessing *Modern Times*

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In 2010, I reread Paul Johnson’s Modern Times. I’ve loved it since I was a teenager, but professional historians typically rolled their eyes in disdain when I mentioned it. After finding one mistake, I asked:

Does anyone know of any other glaring factual errors in Johnson? Please show your work.

Besides this list of errors about Japanese history, almost no one showed any work. Which, given the scarcity of human time, is totally understandable.

Recently, however, I decided to take advantage of the abundance of AI time to belatedly make progress on my original question. Here’s me talking to ChatGPT. Big picture: I struggle to imagine a better conversation with a human being on this topic.

Paul Johnson's Modern Times: The Best of Times, The Worst of Times |  FracTad's Bookshelf

Bryan:

What are the most important factual errors in Paul Johnson’s Modern Times?

ChatGPT:

There are real factual errors in it, but the interesting question is whether they are numerous and serious enough to justify the book’s reputation among some professional historians for unreliability. Bryan Caplan raised essentially this question in 2010, after noticing that historians often dismissed the book as inaccurate without supplying examples.

The best answer I can give is that Johnson makes a fair number of specific mistakes and some much more consequential misleading claims, but I have not found evidence that Modern Times is riddled with elementary factual errors. The more serious problem is his habit of turning a disputed interpretation into an apparently settled fact.

Here are the most important examples I would flag.

1. “The Democrats had been out of office for fifty-three years” before Woodrow Wilson — flatly false

Johnson says this in discussing Wilson’s election in 1912. Grover Cleveland had been president from 1885–89 and 1893–97, only sixteen years before Wilson took office.

This is the cleanest indisputable factual error I know of, and it is the one Caplan independently spotted. It is probably just a careless mistake rather than evidence of a substantive misunderstanding.

2. Johnson’s account of the origins of modern antisemitism is seriously historically misleading

In his Hitler discussion, Johnson describes modern theoretical antisemitism as essentially deriving from Marxism. Contemporary scholarship makes that genealogy extremely difficult to sustain. Racial/pseudoscientific antisemitism emerged from a much wider nineteenth-century mixture of nationalism, racial theory, Christian anti-Judaism and social Darwinism; major antisemitic thinkers such as Wilhelm Marr were certainly not simply products of Marxism.

This is much more important than the Wilson error because it affects Johnson’s causal interpretation.

3. His Spanish Civil War chronology is tendentious enough to cross the line into factual distortion in places

Johnson portrays the Spanish Left as having initiated the process of political violence that culminated in civil war. The problem isn’t that left-wing violence didn’t occur—it certainly did, including the 1934 Asturias revolt—but that serious histories trace substantial political violence to both left and right well before 1936.

Treating strikes or the Left’s violence as the beginning therefore produces a misleading chronology.

4. His treatment of the 1936 Spanish election conflates vote share with legitimacy

Johnson emphasizes that the Popular Front received less than 50% of the popular vote and uses this to cast doubt on its democratic mandate. The vote totals themselves have long been difficult to reconstruct precisely, and recent historical work has raised genuine questions about irregularities.

But winning less than 50% does not itself make a government constitutionally illegitimate under the electoral system then in force.

This is characteristic of Johnson’s more consequential problem: the numerical observation can be true while the narrative inference attached to it is much stronger than the evidence warrants.

5. Some of his claims about Japan appear to be straightforwardly wrong

This is potentially the richest vein of actual errors. In the discussion prompted by Caplan, a reader pointed to a detailed review identifying numerous alleged mistakes in Johnson’s Japan chapter. Unfortunately, the old Amazon review is now difficult to retrieve reliably, so I don’t want to repeat its accusations as established facts without independently checking each one.

This is worth pursuing because it may provide a much stronger test of Johnson’s factual reliability than disagreements over Spain or the Depression.

There is also an important distinction between error and Johnson being Johnson. His portraits of Gandhi, Roosevelt, Kennedy, Keynes, the New Deal, decolonization, Vietnam, etc. are often aggressively revisionist. A hostile reviewer can easily call these “inaccurate” when what he really means is “selective, tendentious, or contrary to the historiographical consensus.” That’s not the same thing.

Conversely, Johnson sometimes does something subtler than making an error: he selects genuine facts that all point in the direction of his thesis and omits facts pointing the other way. That can produce a seriously distorted picture without containing a sentence that can easily be marked “false.”

So my provisional ranking would be:

Clear factual mistakes: Wilson/Democrats; probably a number of details in the Japan chapter.

Substantive historical claims that are demonstrably misleading: genealogy of antisemitism; origins/sequence of Spanish political violence; some claims about the democratic legitimacy of the Spanish Popular Front.

Mostly interpretations rather than errors: Hoover/New Deal, FDR, Keynes, Gandhi, colonialism, Vietnam, 1960s radicalism, etc.

And that leaves me somewhat closer to Caplan’s position than to Johnson’s harshest critics: I haven’t yet found a catalogue of major factual errors remotely commensurate with Modern Times‘ reputation for factual unreliability.

There are errors, but a surprising amount of the criticism concerns Johnson’s interpretations and selection of evidence rather than dates, events, numbers, or quotations that are simply false.

Caplan made precisely this challenge—“show your work”—and the readily accessible responses don’t decisively answer it.

If you want, I can do something considerably more rigorous: go chapter by chapter through Modern Times and compile the 20–30 strongest candidate errors, then check each against modern specialist scholarship and classify them as (A) definitely false, (B) misleading/obsolete, (C) disputed but defensible, or (D) Johnson basically right.

That would give us a much better answer to whether the book actually deserves its reputation.


Bryan:

Do it.

ChatGPT:

I went through the 1991 revised edition looking specifically for claims that can be checked rather than merely arguing with Johnson’s interpretations. My conclusion is more favorable to Johnson than his reputation might suggest, but less favorable than my first answer.

There are several unmistakable errors, including a few surprisingly bad ones. At the same time, many of the passages most likely to anger historians are not factual errors at all.

I would use four categories:

A — Definitely false
B — Materially misleading
C — Seriously disputable interpretation
D — Basically defensible

The distinction matters enormously with Johnson.

Wilson and the Democrats — A: Definitely false

Johnson says Democrats had been out of office for 53 years when Wilson arrived.

Grover Cleveland was Democratic president in 1885–89 and 1893–97. Wilson took office in 1913. This is simply wrong, presumably a slip. Caplan independently caught it.

Einstein and relativism — C/D: Disputable but substantially defensible

Johnson suggests Einsteinian relativity helped inaugurate an age of moral/intellectual relativism.

Johnson actually acknowledges that confusing relativity with relativism was a misunderstanding and that Einstein disliked it. His broader claim is about the cultural reception of relativity, not the content of physics. It’s highly speculative intellectual history, but calling it a factual error is unfair.

Marxism and modern antisemitism — C: Seriously disputable

Modern antisemitism is presented in unusually close connection with socialism/Marxism.

Johnson’s discussion is selective and rhetorically loaded, but he does not simply say “Marx invented antisemitism,” as some summaries of his argument imply. His actual chapter discusses independent völkisch, racial, Christian, nationalist and populist currents.

I would retract the stronger criticism in my previous answer: this is disputable synthesis, not a clean factual error.

Japan “takes Korea” — A: Definitely false

In discussing the Sino-Japanese War of 1894–95, Johnson says Japan “took Korea, Formosa and Port Arthur.”

This is materially wrong. Japan acquired Taiwan/Formosa and the Liaodong Peninsula, but the Treaty of Shimonoseki formally recognized the “full and complete independence and autonomy of Korea.” Korea became a Japanese protectorate in 1905 and was annexed only in 1910.

Japan takes “the Sakhalin islands” — A: Definitely false

After the Russo-Japanese War, Johnson says Japan took “the Sakhalin islands.”

Japan received southern Sakhalin, south of the 50th parallel—not Sakhalin as a whole.

Japanese immigration restricted since 1894 — A: Major error

Johnson says Japanese had been “restricted by treaty from entering the United States as long ago as 1894, the first national group to be so controlled.”

This contains two problems.

The Japanese labor-migration restriction was the Gentlemen’s Agreement of 1907–08, not 1894.

And Japanese could hardly be the first nationality singled out, since the Chinese Exclusion Act was enacted in 1882.

Japanese exclusion in 1924 — D: Basically right

Johnson says the 1924 U.S. immigration law effectively excluded Japanese immigration.

This part Johnson gets right. The 1924 act barred aliens ineligible for naturalization, terminating the Gentlemen’s Agreement and effectively excluding Japanese immigration.

Sun Yat-sen and Lenin — A/B: Chronologically misleading

Johnson says Sun Yat-sen founded the Hsing Chung Hui “at exactly the same time” Lenin was developing his vanguard-elite strategy.

Sun founded the Revive China Society/Hsing Chung Hui in 1894. Lenin’s classic formulation in What Is to Be Done? was written in 1901–02. Seven or eight years is not “exactly the same time.”

The comparison may be illuminating, but Johnson compresses the chronology to make it work.

China’s “three millennia” of imperial government — B: Materially misleading

Johnson says China’s imperial system “had lasted for three millennia” when it collapsed in 1911–12.

Chinese monarchy was much older, but the unified imperial order inaugurated by Qin Shi Huang dates to 221 BCE—about 2,130 years before 1911, not 3,000.

“Three millennia” works only if Johnson loosely folds the pre-imperial Zhou monarchy into the same system.

Port Arthur — B, but largely exonerated

Johnson says Japan’s 1894–95 victory resulted in taking Port Arthur.

Japan did take it militarily and was awarded Liaodong at Shimonoseki, but Russia, France and Germany immediately forced Japan to relinquish the peninsula.

Johnson actually says this in the following sentence, so isolated descriptions of this as an error would be unfair.

“Commercial supremacy” in Manchuria — B/C

Johnson says Japan received “commercial supremacy in Manchuria” after 1905.

Japan gained extremely important rights in southern Manchuria, but “commercial supremacy in Manchuria” overstates its immediate position. Russia remained dominant in northern Manchuria.

Japanese democracy becoming “meaningless” — C

Johnson suggests constitutional government had essentially collapsed by the late 1920s and Japanese elections had become “meaningless.”

Far too categorical. Military intimidation and political assassination were real, but party cabinets, the Diet and contested elections continued to matter substantially into the early 1930s.

This is Johnson converting a genuine trend into an accomplished fact too early.

The Spanish Popular Front — B/C

Johnson uses the Popular Front’s failure to receive 50% of the vote to undermine the significance or legitimacy of its 1936 victory.

The premise is roughly correct: modern estimates put the Popular Front around 47%, narrowly ahead of the right. But the electoral law deliberately awarded large seat bonuses to successful coalitions; neither major bloc needed 50% to win legitimately.

There is a genuine modern controversy over irregularities and seat allocation, so Johnson’s skepticism cannot simply be called false.

Political violence in Republican Spain — C

Johnson’s account tends to make left-wing violence the initiating force in the Republic’s breakdown.

This is selective causation rather than a falsifiable error. The revolutionary left committed enormous violence, including the Asturias insurrection of 1934, but monarchist, Falangist and other rightist violence and military conspiracy were also integral to the spiral.

I would not classify Johnson’s narrative as “factually false” without specifying individual incidents.

Pentagon Papers and the Fourth Amendment — A: Glaring error

Johnson says Pentagon Papers participants could not be jailed in America because the press enjoyed constitutional privileges “under the Fourth Amendment.”

The press clause is of course in the First Amendment.

More importantly, the Pentagon Papers decision prevented prior restraint of the New York Times; it did not establish immunity for Ellsberg from prosecution.

The Supreme Court case concerned publication, not a constitutional right for leakers to escape prosecution. This mistake, including Johnson’s Fourth Amendment wording, was also identified in the comments on Caplan’s original challenge.

Ellsberg couldn’t be prosecuted — A/B

Johnson implies Ellsberg could not be prosecuted because of American press freedom.

False as stated. Ellsberg was prosecuted. His case collapsed because of government misconduct, including the burglary of his psychiatrist’s office—not because the Supreme Court had declared his disclosure constitutionally protected.

The 1979 Egypt-Israel treaty causes the Lebanese Civil War — A: The worst error I found

Johnson says the Egypt–Israel peace treaty of 26 March 1979 “led directly to the Lebanese civil war.”

Chronologically impossible.

Serious civil fighting in Lebanon began in April 1975, nearly four years before the treaty Johnson says caused it.

The PLO “started” the Lebanese Civil War — B/C

Palestinian armed organizations were an extremely important cause and participant, but “started by the PLO” is an excessive monocausal formulation of a civil war involving Lebanese Christian militias, Palestinian organizations, Lebanese Muslim and leftist forces, Syria and later Israel.

It becomes especially misleading when attached to Johnson’s impossible 1979 chronology.

Syria’s “Awali sect” — A, but trivial

Johnson refers to Syria’s rulers as belonging to the “Awali sect.”

Presumably a typo for Alawi. It matters little substantively, but it is another example of loose copy editing in the added material.

Egypt’s separate peace increased Syria’s importance — D

Johnson argues that the 1979 Egyptian-Israeli treaty altered Arab power politics and increased Syria’s relative importance.

Perfectly defensible. Johnson’s mistake is making it a cause of a war already four years old, not noticing that Egypt’s separate peace transformed the subsequent regional environment.

What surprised me most

The Japan/China chapter is clearly the weakest early chapter for elementary factual precision. In just a relatively short stretch Johnson gets Korea’s acquisition wrong, Sakhalin wrong, Japanese immigration chronology wrong, the “first nationality restricted” claim wrong, and forces the Sun–Lenin chronology.

These aren’t disagreements between conservative and progressive historians. They are checkable mistakes.

The old Amazon reviewer mentioned in Caplan’s thread was therefore apparently onto something when singling out the Japan chapter. Caplan’s commenters specifically remembered a list of errors there.

The Pentagon Papers passage is worse than I initially appreciated. Calling the First Amendment the Fourth might be dismissed as a typo, but Johnson then makes the substantive constitutional mistake that goes with it. New York Times Co. v. United States concerned the government’s attempt to prevent newspapers from publishing the documents. That is quite different from saying Ellsberg himself was constitutionally immune from prosecution.

And the Lebanon error is probably the most embarrassing single mistake I’ve found. There isn’t even room for historiographical interpretation: an event in March 1979 cannot have caused a civil war underway since 1975.

On the other hand, my audit also cleared Johnson of several charges I was initially inclined to make.

His Einstein discussion is more sophisticated than its caricature: he explicitly knows relativity ≠ relativism.

His antisemitism section does not actually reduce antisemitism to Marxism.

His Spanish-election argument is tendentious, but the underlying vote-share fact is broadly correct and there really is scholarly disagreement over the extent of electoral irregularities.

So how inaccurate is Modern Times?

If I had to quantify my judgment after this exercise, I’d say something like 70–80% of the things likely to provoke a professional historian are Johnson’s interpretations, selection and rhetoric, while perhaps 20–30% are actual factual or chronological problems.

That’s a judgment from the audit, not a measured statistical error rate.

Among the actual errors, most are small: dates slightly compressed, geographic possessions overstated, terminology mangled. But there is a meaningful tail of serious mistakes.

I’d rank the five worst as:

  1. 1979 Egypt–Israel treaty → 1975 Lebanese Civil War.

  2. Japanese immigration restricted since 1894 / Japanese supposedly first nationality restricted.

  3. Japan “taking Korea” in 1894–95.

  4. Pentagon Papers protections attributed to the Fourth Amendment plus the mistaken implication that Ellsberg could not be prosecuted.

  5. Japan acquiring Sakhalin rather than southern Sakhalin.

Those substantially change my assessment from “Johnson’s reputation for inaccuracy seems largely undeserved” to “the reputation has a real basis, but is usually stated too crudely.”

The key distinction is that Modern Times is not an unreliable book in the sense that you should assume every striking Johnson fact is wrong. In fact, a great many of the bizarre-looking details I spot-checked turned out to be real.

His problem is different: he writes with exactly the same supreme confidence when he has the facts nailed down, when he is advancing a controversial causal interpretation, and when he has simply gotten something wrong. That makes the errors more dangerous than their raw frequency suggests.

So I would still recommend Modern Times, but as an extraordinarily stimulating argumentative history that should not be used as a sole factual reference.

Caplan was right to demand that Johnson’s critics “show their work.” Once you actually do that, however, you can produce a nontrivial bill of particulars.

If I were assigning the book a factual-reliability grade on this audit, I’d give it roughly a B−: much better than “notoriously inaccurate hack history,” noticeably worse than you would want from a standard scholarly survey.


Bryan:

Shouldn’t he get massive credit relative to mainstream historians for accurately describing mass murder and other widespread human rights violations of Communist, nationalist, anticolonial, and post colonial movements? Many leading mainstream historians like Fairbanks apologized for the kind of thing with little damage to their reputations.

ChatGPT:

Yes. That should materially raise Johnson’s relative standing, and my previous B− grade was too focused on ordinary factual accuracy while underweighting what we might call moral-historical accuracy: correctly identifying enormous crimes that influential contemporaries minimized, rationalized, or contextualized away.

There are two separate questions:

  1. How often did Johnson get discrete facts wrong? As we found, more often than one would like.

  2. How well did he identify the central realities of twentieth-century regimes and movements? Here Johnson’s record looks considerably better—especially if the comparison class is what respectable Western historians were saying at the time, rather than what historians say after archives opened.

Fairbank is an excellent example

I assume you mean John King Fairbank. His case makes your point particularly well.

Fairbank was not some fringe Maoist. He was arguably the preeminent American historian of modern China and a foundational figure in American China studies.

Yet his contemporary treatment of Communist China repeatedly gave the regime the benefit of the doubt in ways that aged badly.

Jonathan Mirsky’s 1991 reassessment of Western scholarship on Mao’s China is quite revealing on this point. Mirsky quotes Fairbank’s favorable assessment of the revolution and describes the extent to which critics of the prevailing picture encountered hostility within China studies.

Fairbank was hardly alone. Mirsky describes a broader intellectual environment in which journalists, academics and visitors frequently accepted extraordinarily favorable pictures of Communist China. He also notes that reports of the Great Leap famine existed contemporaneously, even though some influential observers discounted or denied them.

That is important because subsequent scholarship moved much closer to Johnson’s view of the empirical facts about Maoist rule.

By Fairbank’s later years, his own assessment had darkened considerably. Mirsky quotes Fairbank describing Communist China’s transition to party dictatorship as bringing modernized indoctrination, surveillance and intimidation into Chinese villages and families.

So there was a remarkable historiographical change.

Where Johnson deserves particularly substantial credit

It isn’t merely Communism.

One of the most distinctive things about Modern Times is Johnson’s refusal to grant an automatic moral presumption to movements because they fall into categories that were fashionable among Western intellectuals: anticolonial, revolutionary, socialist, Third World nationalist, racial-liberation, etc.

Consequently, he is unusually attentive to things like Communist terror, forced collectivization and famine; the brutality of postcolonial dictatorships; ethnic expulsions and massacres committed by newly independent states; corruption and kleptocracy among nationalist leaders; political violence by anticolonial movements; and the enormous human cost of ideological social engineering.

That approach sometimes leads Johnson in the other direction—he can be excessively charitable toward colonial governments or right-wing regimes.

But his basic methodological instinct is valuable:

Judge governments and movements by what they actually did to human beings rather than by the moral attractiveness of their stated objectives.

That sounds banal today. It wasn’t consistently applied in twentieth-century historiography.

But there’s an important qualification about Fairbank

I wouldn’t characterize Fairbank simply as an apologist throughout his career. His views changed as the evidence changed.

There is also a legitimate epistemic defense available to Fairbank and others. China was extraordinarily closed.

Fairbank himself defended Edgar Snow against the charge that Snow should have uncovered the Great Leap famine. Their exchange over Snow and Mao illustrates both the difficulty of observing Mao’s China and the continuing dispute over how much contemporary observers could reasonably have known.

So we should distinguish:

“Fairbank knew Mao had killed tens of millions of people and concealed it” — false.

from

“Fairbank adopted interpretive assumptions unusually favorable to the Communist revolution, discounted hostile evidence too readily, and consequently failed for a long time to appreciate the scale and nature of the catastrophe” — much more defensible.

And that distinction actually strengthens the interesting case for Johnson.

Johnson’s advantage was partly methodological

Johnson was willing to take seriously information that respectable specialists often discounted precisely because it came from refugees, defectors, émigrés, missionaries, anti-Communists, colonial officials, opposition movements, etc.

Those sources obviously can exaggerate. A careful historian shouldn’t believe every atrocity story.

But there’s an asymmetric-error problem here.

Imagine in 1962 you have:

  • Chinese official sources implying things are broadly fine;

  • Communist sympathizers reporting enormous social progress;

  • refugees describing starvation, coercion and mass death;

  • fragmentary demographic evidence suggesting catastrophe.

A historian worried principally about repeating Cold War propaganda may systematically discount the last two.

Johnson’s instinct was almost the reverse: authoritarian governments have extremely strong incentives to conceal their own crimes, so hostile testimony deserves serious consideration even when precise verification is impossible.

In several extremely important cases, history vindicated that instinct.

Mirsky’s retrospective is especially striking here. He notes both the existence of contemporary reports about China’s famine and the tendency of some academics and prominent visitors to discount evidence that contradicted the favorable picture of Maoist modernization. His account is worth reading in full.

And you’re right about reputational asymmetry

This is probably the strongest form of your argument.

Suppose Historian A writes in 1975:

Mao’s China is a murderous tyranny responsible for millions upon millions of deaths.

He gets the broad picture right but says 25 million when the best eventual estimate is 30 million, gets three provincial details wrong, and mistakenly dates an event to 1959 rather than 1960.

Historian B writes a beautifully sourced monograph emphasizing popular participation, modernization, emancipation, peasant agency and Western misunderstanding of China while fundamentally underestimating the regime’s coercion and enormous mortality.

There is something strange about retrospectively regarding A as the unreliable historian because his book contains more checkable errors.

The magnitude of errors matters.

Getting “southern Sakhalin” versus “Sakhalin” wrong is a factual error.

Getting the character of Maoism wrong is also an error—and vastly more historically consequential.

That doesn’t excuse Johnson’s mistakes. But an evaluation that counts the former and treats the latter merely as an innocent “interpretive difference” can badly distort comparative accuracy.

I would therefore revise my assessment

Dates, names, constitutional details and geography — B−

Johnson has a real tendency toward small factual mistakes and overconfident compression.

Careful qualification of uncertain claims — C+/B−

He frequently states debatable propositions with more confidence than the evidence warrants.

Avoiding ideological selectivity — A−

One of his greatest strengths. Johnson is unusually willing to apply ugly empirical facts against movements with morally attractive stated goals.

Recognizing Communist mass repression — A

This is one of the areas in which his large-scale judgment aged especially well.

Recognizing brutality of anticolonial/postcolonial regimes — A−

Again, a major strength relative to a good deal of contemporary writing.

Separating noble rhetoric from actual outcomes — A

Arguably the organizing strength of Modern Times.

Evenhandedness toward right-wing/Western/colonial abuses — B−/C+

Johnson’s sympathies sometimes produce a different standard of contextualization.

Overall big-picture twentieth-century judgment — A−/B+

So I’d now say calling Modern Times “unreliable” without qualification is itself misleading.

Johnson is surprisingly careless about numerous small and medium facts while being remarkably prescient about several of the largest facts that mattered. And some historians who were considerably more meticulous at the micro level made much larger macro-level errors about revolutionary regimes.

That’s actually a much more interesting verdict on Modern Times than either “Johnson was a right-wing hack” or “Johnson was vindicated about everything.”

His greatest strength and greatest weakness stem from the same trait: extraordinary willingness to make strong judgments. It produced some howlers when he was wrong, but it also meant that he was willing to call a mass-murderous regime mass-murderous at times when greater scholarly caution could shade into credulity.


Bryan:

He was also harsh on fascism and Nazism, while correctly noting that Franco and Pinochet were orders of magnitude less awful.

ChatGPT:

Yes. That is an important correction to any characterization of Johnson as simply applying a harsher standard to the revolutionary left. His taxonomy of authoritarian regimes is one of the stronger aspects of Modern Times.

Johnson is unequivocally hostile to Hitler, Nazism, Mussolini’s Fascism, racial ideology, aggressive nationalism, and the Axis dictatorships. What distinguishes him from a lot of twentieth-century political writing is that he doesn’t infer from this that every right-wing dictatorship belongs in essentially the same moral category as Nazi Germany.

That distinction has held up quite well empirically.

Consider rough magnitudes:

  • Nazi Germany: approximately 6 million Jews murdered in the Holocaust, plus millions of Soviet POWs, Poles, Roma, disabled people and other civilians deliberately murdered; on top of that, Hitler initiated a European war whose death toll ran into tens of millions.

  • Stalin’s USSR: millions dead through executions, Gulag mortality, deportations and collectivization/famine, with the exact attribution and totals heavily dependent on definitions.

  • Mao’s China: tens of millions of excess deaths during the Great Leap Forward alone, plus large-scale killing and persecution during other campaigns.

  • Francoist Spain: extremely bloody, particularly during and immediately after the Civil War. Estimates for executions and extrajudicial killings by Franco’s side are generally in the 100,000-plus range, with tens of thousands more executed after the war depending on definitions and periodization.

  • Pinochet’s Chile: Chile’s official truth-commission processes ultimately recognized roughly 3,000 people killed or disappeared and tens of thousands imprisoned and/or tortured.

So saying that Pinochet was vastly less murderous than Hitler, Stalin or Mao is not apologetics for Pinochet. It’s an elementary observation about scale.

Even Franco—whose regime was responsible for vastly more killing than Pinochet’s—doesn’t approach Hitler/Stalin/Mao levels.

And Johnson deserves some credit for being willing to maintain both propositions simultaneously:

Fascist/Nazi totalitarianism was monstrous.

and

Therefore it does not follow that every anti-Communist authoritarian government was equivalently monstrous.

That sounds obvious when expressed that way, but historiographical and political categories have often obscured it.

There is another dimension on which the distinction matters: what the regimes were trying to accomplish.

Pinochet’s dictatorship committed murder, disappearance, torture and political repression. But it did not undertake anything analogous to the Holocaust, Stalinist collectivization, the Great Terror, or Mao’s repeated attempts at revolutionary transformation of society.

Franco’s early regime was substantially more ambitious and brutal, but it too evolved into a comparatively conventional authoritarian state rather than an endlessly mobilizing totalitarian one.

This relates to the classic distinction between authoritarianism and totalitarianism. It isn’t merely a question of body counts. Nazi Germany and Stalinist Russia sought enormous ideological transformations of society and attempted to penetrate institutions and private life to degrees that many traditional dictatorships did not.

Where this strengthens the case for Johnson

It makes the “Johnson was just a Cold Warrior counting Communist atrocities” interpretation considerably less convincing.

His underlying framework is closer to:

How much coercive power does an ideological state acquire, what does it attempt to do with that power, and what happens to actual people as a result?

That leads him to condemn Hitler extremely strongly, condemn Stalin and Mao extremely strongly, condemn many postcolonial dictators, and still distinguish Franco or Pinochet from all of them.

You can disagree with individual judgments while thinking that this is the correct kind of comparison.

In fact, I’d amend one line from my previous report card. I gave Johnson B−/C+ for “evenhandedness toward right-wing/Western/colonial abuses.” That’s probably too low. Something like B/B+ is fairer.

Johnson has strong sympathies, but he certainly isn’t unwilling to recognize atrocities merely because their perpetrators are anti-Communist or right-wing.

The more defensible criticism is subtler: he sometimes gives conservative authoritarian regimes more benefit of contextualization than revolutionary regimes. That’s a genuine source of bias. But it’s very different from saying he whitewashes fascism.

And the distinction you’re pointing to is important for evaluating his historical accuracy.

If Johnson says Hitler was extraordinarily evil, Pinochet was evil but vastly less murderous, and Mao’s revolutionary regime produced human suffering on an altogether greater scale than Pinochet’s dictatorship, subsequent quantitative historical research broadly vindicates all three propositions.

A historian shouldn’t lose points for refusing to flatten morally objectionable regimes into a single category.

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