anarchy

Old America, New America, and Anarchy

I’m less than satisfied by yesterday’s post, for two reasons. First, my critical comments about David D. Friedman’s The Machinery of Freedom are rather less abundant than they could have been. Second, and more important, I omitted the most telling criticism of Friedman’s book — and of political philosophy in general — which is a fixation on system, to the neglect of human nature.

It’s ironic that Friedman, an avowed and articulate anarchist, devotes a large fraction of his 378-page book to detailed descriptions of how justice and defense could be provided in the absence of government. Well, you might ask, what’s wrong with that? Justice and defense are important functions, and it’s reasonable to explain how they could be provided in the absence of government.

Here’s what’s wrong: the pretense of knowledge. No one has the foggiest idea of how actually to eliminate government, nor of how to avert dictatorship or warlordism in the wake of its demise. This might not have been the case two or three generations ago, before the dominance of the regulatory-welfare state and the eclipse of Old America:

The United States, for a very long time, was a polity whose disparate parts cohered, regionally if not nationally, because the experience of living in the kind of small community sketched above was a common one. Long after the majority of Americans came to live in urban complexes, a large fraction of the residents of those complexes had grown up in small communities.

This was Old America — and it was predominant for almost 200 years after America won its independence from Britain. Old America‘s core constituents, undeniably, were white, and they had much else in common: observance of the Judeo-Christian tradition; British and north-central European roots; hard work and self-reliance as badges of honor; family, church, and club as cultural transmitters, social anchors, and focal points for voluntary mutual aid. The inhabitants of Old America were against “entitlements” (charity was real and not accepted lightly); for punishment (as opposed to excuses about poverty, etc.); overtly religious or respectful of religion (and, in either case, generally respectful of the Ten Commandments, especially the last six of them); personally responsible (stuff happens, and it is rarely someone else’s fault); polite, respectful, and helpful to strangers (who are polite and respectful); patriotic (the U.S. was better than other countries and not beholden to international organizations, wars were fought to victory); and anti-statist (even if communitarian in a voluntary way). Living on the dole, weirdness for its own sake, open hostility to religion, habitual criminality, “shacking up,” and homosexuality were disgraceful aberrations, not “lifestyles” to be tolerated, celebrated, or privileged.

It is now de rigeur to deride the culture of Old America, and to call its constituents greedy, insensitive, hidebound, culturally retrograde, and — above all — intolerant.  But what does that make the proponents and practitioners of the counter-culture of the ’60s and ’70s (many of whom have long-since risen to positions of prominence and power), of the LGBT counter-culture that is now so active and adamant about its “rights,” and of recently imported cultures that seek dominance rather than assimilation (certain Latins and Muslims, I am looking at you)?

These various counter-culturalists and incomers have not been content to establish their own communities; rather, they have sought to overthrow Old America. Intolerance is their essence. They are not merely reacting to the intolerance that may be directed at them. No, they are intolerant, and militantly so. They seek to destroy what is left of Old America. — and they have enlisted the power of the state in that effort.

Old America would have done quite will without government because its inhabitants — even the rich and powerful and best and brightest — were largely bound by common customs and common sense. New America — riddled as it is with dependency on the state and the divisions arising from the politics of “social justice” — has neither the collective will nor the wherewithal to resist the dictatorship or warlordism that surely would follow in the wake of the (extremely unlikely) replacement of government by anarchy.

Now, it may seem that I am pretending to knowledge, and I am to some degree. But my assessment of the future of an (impossibly) anarchistic America is based on a realistic view of what America has been and become. What Friedman offers is, by contrast, a shallow and sterile exercise in dreamscape design.

Friedman on Anarchy and Conservatism

Friedman is David D. Friedman, proprietor of Ideas and author of (among many things) The Machinery of Freedom, which is mainly a sustained argument for anarcho-capitalism. As Friedman explains in the preface,

[t]he first edition of this book was written a little over forty years ago, the second about twenty years later. In this third edition, as in the second, I have chosen to leave the original material for the most part unchanged; references in parts I-III are to the world c. 1970, in part IV to the world c. 1988….

What I have added in this edition, aside from minor stylistic changes … is in parts V and VI. Part V contains later, I hope deeper, thoughts on my earlier ideas, part VI new material.

Friedman’s attachment to anarcho-capitalism has held for almost 50 years. That’s a remarkable record of intellectual consistency. Whether it signifies the soundness of anarcho-capitalism or merely world-class stubbornness is another matter. (In the past 50 years, my own views have evolved from collegiate “liberalism” to limited-government libertarianism to Burkean conservatism.)

Before I go further, I will say that I admire and agree with Friedman’s lucid treatment of free markets and their advantages vis-à-vis government regulations and government-provided services. But I disagree with Friedman’s view that private entities can replace government when it comes to criminal justice. I also disagree with Friedman’s characterization of conservatives as stubbornly opposed to change.

I must note, also, that Friedman’s main style of argumentation in The Machinery of Freedom is to pile assertion upon assumption, and to do so at such length and in such temperate language that the unwary or receptive reader may be lulled into agreement. The Machinery of Freedom is a long book (378 pages in paperback), so I will only offer a few examples of Friedman’s style — examples that I consider representative. The first example is drawn from chapter 29, “Police, Courts, and Laws — on the Market,” in which Friedman argues for private protection and adjudication agencies. He begins reasonably enough:

How, without government, could we settle the disputes that are now settled in courts of law? How could we protect ourselves from criminals?

Consider first the easiest case, the resolution of disputes involving contracts between well-established firms. A large fraction of such disputes are now settled not by government courts but by private arbitration of the sort described in Chapter 18. The firms, when they draw up a contract, specify a procedure for arbitrating any dispute that may arise. Thus they avoid the expense and delay of the courts.

The arbitrator has no police force. His function is to render decisions, not to enforce them. Currently, arbitrated decisions are usually enforceable in the government courts, but that is a recent development; historically, enforcement came from a firm’s desire to maintain its reputation. After refusing to accept an arbitrator’s judgment, it is hard to persuade anyone else to sign a contract that specifies arbitration; no one wants to play a game of ‘heads you win, tails I lose’.

Arbitration arrangements are already widespread. As the courts continue to deteriorate, arbitration will continue to grow. But it only provides for the resolution of disputes over pre-existing contracts. Arbitration, by itself, provides no solution for the man whose car is dented by a careless driver, still less for the victim of theft; in both cases the plaintiff and defendant, having different interests and no prior agreement, are unlikely to find a mutually satisfactory arbitrator. Indeed, the defendant has no reason to accept any arbitration at all; he can only lose—which brings us to the problem of preventing coercion.

Friedman then explains market-based solutions to the problem of preventing coercion. What follows, until I signal a new topic, are excerpts of his discussion with my commentary (underlined in brackets):

Protection from coercion is an economic good. It is presently sold in a variety of forms—Brinks guards, locks, burglar alarms. As the effectiveness of government police declines [this seems to be an assumption disguised as a fact-based assertion], these market substitutes for the police, like market substitutes for the courts, become more popular [or they could become more popular as supplements to government policing, which is limited by the amount that governments are able to extract from taxpayers].

Suppose, then, that at some future time there are no government police but instead private right enforcement agencies. [Realistically, there would be no government police — or unregulated private police — only if government itself were to disappear. I view that as an impossible event.] These agencies sell the service of protecting their clients against crime. Perhaps they also guarantee performance by insuring their clients against losses resulting from criminal acts. [How would private agencies differentiate themselves from gangsters who sell “protection”? This is an issue of trust that seldom arises with government police (or only among a small fraction of the populace), and an important reason for the retention of government police.]….

[Private agencies] would be selling a service to their customers and would have a strong incentive to provide as high a quality of service as possible at the lowest possible cost. It is reasonable to suppose that the quality of service would be higher and the cost lower than with the present governmental protective system. [Whether the cost would be lower depends to some extent on the scale of private agencies relative to the government ones they would replace. It’s premature to make assertions about quality of service before addressing the problem of inter-agency conflict.]

Inevitably, conflicts would arise between one agency and another. How might they be resolved?

I come home one night and find my television set missing. I immediately call my agency, Tannahelp Inc., to report the theft. They send an agent. He checks the automatic camera which Tannahelp, as part of their service, installed in my living room and discovers a picture of one Joe Bock lugging the television set out the door. [The security camera is a nice touch, but it strongly suggests that Tannahelp is providing a supplemental service, not merely supplanting government police. A lot of people can’t afford supplemental police services. Who do they turn to if there are no government police?] The Tannahelp agent contacts Joe, informs him that Tannahelp has reason to believe he is in possession of my television set, and suggests he return it, along with an extra ten dollars to pay for Tannahelp’s time and trouble in locating Joe. Joe replies that he has never seen my television set in his life and tells the Tannahelp agent to go to hell.

The agent points out that until Tannahelp is convinced there has been a mistake, he must proceed on the assumption that the television set is my property. Six Tannahelp employees, all large and energetic, will be at Joe’s door next morning to collect the set. Joe, in response, informs the agent that he also has a rights enforcement agency, Dawn Defense, and that his contract with them undoubtedly requires them to protect him if six goons try to break into his house and steal his television set.

The stage seems set for a nice little war between Tannahelp and Dawn Defense. It is precisely such a possibility that has led some libertarians who are not anarchists, most notably Ayn Rand, to reject the possibility of competing free-market rights enforcement agencies.

But wars are very expensive and Tannahelp and Dawn Defense are both profit-making corporations, more interested in saving money than face. I think the rest of the story would be less violent than Miss Rand supposed. [Maybe, maybe not. It’s just as likely that the most successful agency, and the eventual monopolist in a geopolitical area, will be the one that’s most aggressive, and which can afford to be aggressive because it numbers wealthy people among its clientele.]

The Tannahelp agent calls up his opposite number at Dawn Defense. ‘We’ve got a problem. . . .’ After explaining the situation, he points out that if Tannahelp sends six men and Dawn eight, there will be a fight. Someone might even get hurt. Whoever wins, by the time the conflict is over it will be expensive for both sides. They might even have to start paying their employees higher wages to make up for the risk. Then both firms will be forced to raise their rates. If they do, Murbard Ltd., an aggressive new firm which has been trying to get established in the area, will undercut their prices and steal their customers. [How convenient.] There must be a better solution.

The man from Tannahelp suggests that the better solution is arbitration. They will take the dispute over my television set to a reputable local arbitration firm. If the arbitrator decides that Joe is innocent, Tannahelp agrees to pay Joe and Dawn Defense an indemnity to make up for their time and trouble. If he is found guilty, Dawn Defense will accept the verdict; since the television set is not Joe’s, they have no obligation to protect him when the men from Tannahelp come to seize it. [An aggresssive agency of the kind that I posit above is also likely to have a monopoly on arbitration services — either overtly or through sub rosa relationships.]

What I have described is a very makeshift arrangement. In practice, once anarcho-capitalist institutions were well established [but how do we get from here to there?], agencies would anticipate such difficulties and arrange contracts in advance, before specific conflicts occurred, specifying the arbitrator who would settle them.

In such an anarchist society, who would make the laws? On what basis would the private arbitrator decide what acts were criminal and what their punishments should be? The answer is that systems of law would be produced for profit on the open market, just as books and bras are produced today. There could be competition among different brands of law just as there is competition among different brands of cars.

In such a society there might be many courts and even many legal systems. Each pair of protection agencies agree in advance on which court they will use in case of conflict. Thus the laws under which a particular case is decided are determined implicitly by advance agreement between the agencies whose customers are involved. In principle, there could be a different court and a different set of laws for every pair of agencies. In practice, many agencies would probably find it convenient to patronize the same courts, and many courts might find it convenient to adopt identical, or nearly identical, systems of law in order to simplify matters for their customers. Before labeling a society in which different people are under different laws chaotic and unjust, remember that in our society the law under which you are judged depends on the country, state, and even city in which you happen to be. Under the arrangements I am describing, it depends instead on your agency and the agency of the person you accuse of a crime or who accuses you of a crime. In such a society law is produced on the market. A court supports itself by charging for the service of arbitrating disputes. Its success depends on its reputation for honesty, reliability, and promptness and on the desirability to potential customers of the particular set of laws it judges by. [No, its success depends on selling its services to the highest bidders, who will be willing to pay for partial “justice” — as opposed to the impartial kind that criminal courts in the U.S. usually dispense.]….

Several objections may be raised to … free-market courts. The first is that they would sell justice by deciding in favor of the highest bidder. That would be suicidal; unless they maintained a reputation for honesty, they would have no customers— unlike our present judges. [This assertion conveniently disregards the strong possibility of a monopoly acquired through force and bribery. The stakes are such that war-like competition for the top-dog position, as costly as it is, can’t be ruled out. See, for example, the history of the Chicago Outfit and rivals in the days when government police were relatively ineffective.]….

Until he is actually accused of a crime, everyone wants laws that protect him from crime and let him interact peacefully and productively with others. Even criminals. Not many murderers would wish to live under laws that permitted them to kill— and be killed. [Everyone? Surely not. There are large numbers of persons, especially among the least rational and most dangerous segment of the populace, who simply don’t think like economists. And even among rational persons of means, there are many who believe that they have the wherewithal to defend themselves while getting away with murder and other anti-social acts.]

I turn now to chapter 63, “The Conservative Mistake.” This is less an apology for anarchy than it is a defense of open borders and an indictment of those who resist change. I take it up because it further illustrates Friedman’s penchant for making broad, unsupported, and (sometimes) off-target assertions — in this case about conservatism.

Critics of free immigration worry that immigrants might change the country, make it more socialist, more crime ridden, more like the places they are coming from, but offer no strong reason to expect those particular effects. Leaving the place where you grew up to move somewhere very different is, after all, evidence that you prefer the latter. [But “you” prefer the latter for particular reasons. Among those reasons is the knowledge that the new country offers a rather cushy “safety net” relative to that of the old country.] As I pointed out in one exchange, the Volokh brothers, associated with the popular libertarian/conservative legal blog the Volokh Conspiracy, are immigrants from the ex-Soviet Union. While Eugene and Sasha Volokh are slightly more socialist than I am, they are much less socialist than most of their fellow academics, not entirely surprising given that they have experienced socialism at first hand. [They are also unrepresentative of the vast numbers of immigrants who pour into the country from the south, and whose presence predictably results in higher taxes and lower wages for the many citizens who don’t reap the benefits of immigration.]

The same assumption, that change is presumptively bad, appears in arguments over global warming. [That change, in the form of unfettered immigration, will impose costs on citizens is a reasonable position for many citizens to take. Friedman glibly lumps opposition to that kind of change with the religious fervor which accompanies opposition to and fears of global warming, genetically modified foods, and fracking. The opening sentence spoils this otherwise trenchant paragraph.] It seems likely that the average temperature of the globe will go up by several degrees C over the next hundred years due mostly to increased carbon dioxide in the atmosphere. If I had to guess, my guess would be that the net effect of the change will be positive, for at least two reasons. The first is that human habitability is limited mostly by cold, not heat— the equator is populated, the poles are not. The second is that, for well understood reasons, global warming can be expected to increase temperatures more in cold places and at cold times than in warm. Combine those two and one might guess that a somewhat warmer world would be, on the whole, more suited to humans, not less. Yet most people discussing the issue take it for granted that the change is bad, indeed catastrophically bad. A similar pattern holds for a variety of other issues, from fracking to cloning to GMO foods.

I call it a mistake, but perhaps that is unfair. We know that the present is at least tolerable, since we are at present tolerating it. [Who is “we”? And what does it mean to “tolerate” something. I can “tolerate” a toothache, but for only as long as it takes to have the tooth treated or extracted.] A change might make things better, might make them worse, so why chance it? That sounds like a plausible argument, but it contains a hidden assumption— that stasis is an option, that if we do not have more immigration our cultural and political circumstances will remain the same, that without anthropogenic CO2, climate will stay what it currently is. [In the case of immigration, Friedman again resorts to an inappropriate collective view. There are many citizens whose lives are made worse because of immigration, even as there are many citizens who benefit from the availability of low-wage labor in yard maintenance, child care, and fast-food service.]

Both are demonstrably false. Over my lifetime the cultural and political institutions of the U.S. have changed for reasons that had little to do with immigration. [Immigration, however, imposes changes over and above those that would occur through the evolution of social norms in a more homogeneous polity.] Over the past million years, the climate of the earth has changed radically time after time for reasons that had nothing to do with anthropogenic CO2. A rise in sea level of a foot or two would create problems in some parts of the world, but not problems comparable to the effect of half a mile of ice over the present locations of Chicago and London.

The left wing version of the conservative mistake comes with its own pseudoscientific slogan, ‘the precautionary principle.’ It is the rule that no decision should be made unless one can be confident that it will not have substantial bad effects, that the lack of a reason to expect it have such effects is not enough. It sounds plausible, merely a matter of playing safe, but a moment’s thought should convince you that it is not merely wrong, it is internally incoherent. The decision to permit nuclear power could have substantial bad effects. The decision not to permit nuclear power could also have substantial bad effects. If one takes the precautionary principle seriously, one is obligated to neither permit nor forbid nuclear power and similarly with many other choices, including acting or not acting to prevent global warming.

Continuing with that example, I have long argued, only partly in jest, that the precautionary principle is a major source of global warming. Nuclear power is the one source of power that does not produce CO2 and can be expanded more or less without limit. A major factor restricting the growth of nuclear power has been the precautionary principle, even if not always under that name— hostility to permitting reactors to be built as long as there is any chance that anything could go wrong. That example demonstrates my more general point: Stasis is not an option. The world is going to change whether or not we permit nuclear power and there is no a priori reason to expect the changes if we permit it to be worse than those if we do not.

I am not arguing that there is never a good reason to fear change; sometimes a change can be reasonably predicted to have bad consequences. I am arguing that much opposition to change, across a wide range of different topics and disputes, is based on the mistaken assumption that if only that particular change is prevented, the next year, the next decade, the next century, will be more or less the same as the present. [Not so. Principled conservatives — and there are still a lot of us — understand and accept the beneficial role of evolutionary change, unforced by government policy.]

That is very unlikely. [No kidding!]

It’s not that I disagree with Friedman’s disdain for government, which is far, far more intrusive than is economically and socially healthy. But Friedman, whose high intelligence is beyond doubt, puts that intelligence to bad use in his biased argument for an unattainable nirvana and mistaken characterization of conservatism.

Parsing Political Philosophy (II)

This is a work in progress. The first version is here. This version expands the range of political stances by adding Despotism to Anarchism, Minarchism, and Statism. Also, this version goes into more detail about the differences between various stances. I’m leaving the first version in place because I’ve linked to it and quoted from it often, and because some of the descriptive material complements this post.

INTRODUCTION

The aim of this post and its predecessor is to find more precise political labels than Democrat, Republican, left, right, center, liberal, conservative, and libertarian. I want to show, for example, the dimensions of agreement and disagreement between a so-called liberal who wants government to dictate certain aspects of human affairs, and a so-called conservative who wants government to dictate certain other aspects of human affairs. Are they not both statists who merely have different agendas, or are there deeper differences between them? And what about the so-called libertarian who espouses some views that are anathema to many on the left (e.g., free markets) and other views that are anathema to many on the right (e.g., legalization of marijuana and harder drugs)? Are such views coherent or merely provocative?

Any one person’s political philosophy — if he may be said to have one — is likely to consist of a set of attitudes, many of them logically irreconcilable. This, I believe, is due mainly to the influence of temperament on one’s political views. It is a rare human being who does not interpret the world through the lens of his preferences, and those preferences seem to be more a matter of temperament than of knowledge and reason. Even highly intelligent persons are capable of believing in the most outlandish things because they want to believe those things.

I therefore admit that my search for more precise political labels may be — and probably is — both quixotic and reductionist. But it can, at least, shed some light on real differences — and real similarities — among various lines of political thought.

THE ESSENCE OF POLITICS

Political views, and their essential differences, cannot be organized into a taxonomy without first defining politics and its essential issues.

Politics is the means by which human beings regulate their behavior, which usually (but unnecessarily) is divided into social and economic components. The purpose of regulating behavior — whether the regulation is explicit or implicit, imposed or voluntary — is to sustain or change the modes of human interaction, and the outcomes that derive from human interaction. Some political stances are incoherent because their principles cannot yield the preferred outcomes (e.g., redistribution, a favored policy of left-statists, actually makes the poor worse off because it stifles economic growth). But incoherence does not prevent a political stance from becoming popular, or even dominant.

THE BASELINE POSITION: TRADITIONAL CONSERVATISM

The following sections of this post culminate in a taxonomy of political philosophies, which is given in a table at the end of the post. In that table, I take as a baseline a political stance that I call Right-Minarchism. It represents traditional conservatism, as it would have played out in practice under the kind of true federalism represented in the Articles of Confederation.

What is the traditional conservative position? I begin with a redaction of Russell Kirk’s “Six Canons of Conservative Thought“:

1. An understanding that political problems, at bottom, are moral problems.

2. A preference for tradition — which incorporates beneficial change — over the shackles of statism and the chaos that must ensue from anarchy.

3. Recognition that change is not the same thing as change for the better (reform), which emerges from tradition and is not imposed upon it.

4. An understanding that a flourishing civil society requires order, without which freedom is available only to despots and predators.

5. Faith in traditional mores and reliance upon them, in the main, to maintain a regimen of order that enables freedom — ordered liberty, in other words. Traditional mores are supplemented but not supplanted by the rule of law, impartially administered and no more intrusive than is required for ordered liberty.

6. Knowledge that property and liberty are inseparably connected, and that economic leveling is not economic progress.

For an elaboration on the role of government, I turn to Michael Oakeshott:

Government, … as the conservative in this matter understands it, does not begin with a vision of another, different and better world, but with the observation of the self-government practised even by men of passion in the conduct of their enterprises; it begins in the informal adjustments of interests to one another which are designed to release those who are apt to collide from the mutual frustration of a collision. Sometimes these adjustments are no more than agreements between two parties to keep out of each other’s way; sometimes they are of wider application and more durable character, such as the International Rules for for the prevention of collisions at sea. In short, the intimations of government are to be found in ritual, not in religion or philosophy; in the enjoyment of orderly and peaceable behaviour, not in the search for truth or perfection…. To govern, then, as the conservative understands it, is to provide a vinculum juris for those manners of conduct which, in the circumstances, are least likely to result in a frustrating collision of interests; to provide redress and means of compensation for those who suffer from others behaving in a contrary manners; sometimes to provide punishment for those who pursue their own interests regardless of the rules; and, of course, to provide a sufficient force to maintain the authority of an arbiter of this kind. Thus, governing is recognized as a specific and limited activity; not the management of an enterprise, but the rule of those engaged in a great diversity of self-chosen enterprises. It is not concerned with concrete persons, but with activities; and with activities only in respect of their propensity to collide with one another. It is not concerned with moral right and wrong, it is not designed to make men good or even better; it is not indispensable on account of ‘the natural depravity of mankind’ but merely because of their current disposition to be extravagant; its business is to keep its subjects at peace with one another in the activities in which they have chosen to seek their happiness. And if there is any general idea entailed in this view, it is, perhaps, that a government which does not sustain the loyalty of its subjects is worthless; and that while one which (in the old puritan phrase) ‘commands the truth’ is incapable of doing so (because some of its subjects will believe its ‘truth’ to be in error), one which is indifferent to ‘truth’ and ‘error’ alike, and merely pursues peace, presents no obstacle to the necessary loyalty.

…[A]s the conservative understands it, modification of the rules should always reflect, and never impose, a change in the activities and beliefs of those who are subject to them, and should never on any occasion be so great as to destroy the ensemble. Consequently, the conservative will have nothing to do with innovations designed to meet merely hypothetical situations; he will prefer to enforce a rule he has got rather than invent a new one; he will think it appropriate to delay a modification of the rules until it is clear that the change of circumstances it is designed to reflect has come to stay for a while; he will be suspicious of proposals for change in excess of what the situation calls for, of rulers who demand extra-ordinary powers in order to make great changes and whose utterances re tied to generalities like ‘the public good’ or social justice’, and of Saviours of Society who buckle on armour and seek dragons to slay; he will think it proper to consider the occasion of the innovation with care; in short, he will be disposed to regard politics as an activity in which a valuable set of tools is renovated from time to time and kept in trim rather than as an opportunity for perpetual re-equipment. (Rationalism in Politics and Other Essays, New and Expanded Edition, pp. 427-31)

In what follows, I synthesize Kirk and Oakeshott, and call the result Right-Minarchism.

A TAXONOMY OF PHILOSOPHIES

I begin with a rough sorting of political philosophies:

  • Anarchism is a fairly coherent (if implausible) philosophy of non-government, propounded by persons who usually call themselves anarcho-capitalists (probably because it seems a more respectable label than “anarchist”).
  • Minarchism is a somewhat more diffuse but still coherent philosophy of minimal government, propounded by persons who usually call themselves libertarians, over the objection of anarchists, who claim to be the only true libertarians.
  • Anarchists and minarchists dwell in the big tent of libertarianism.  Where anarchists are fairly monolithic in their views (government is evil because it must always be based on coercion), minarchists are of varied stripes, which I delineate below. My analyses of anarchism and minarchism span the range of libertarian ideas, so there is nothing more for me to say in this post about libertarianism as a political philosophy.
  • Statism comprises a broad set of attitudes about government’s role, propounded by “types” ranging from redneck yahoos to campus radicals, each type proclaiming itself benign (for some, if not for others). But each type would — in thought and word, if not deed — set loose the dogs of the state upon its political opponents and the vast, hapless majority. Statism, because it is so powerful and pervasive a force, merits further analysis — more aptly, dissection — into its main types.
  • Despotism is perhaps the inevitable outcome of statism. Despotism may be “hard,” as with the USSR under Stalin and Germany under Hitler, or “soft,” as with innumerable “social democrat” regimes, including the controlling regime of the United States. Under despotic rule there is no dividing line between the state’s power and individual liberty. The state can — and will — dictate to its subjects about anything.

Thus the four broad philosophies that I parse in this post are anarchism, minarchism, statism, and despotism. Here is more about each of them:

Anarchism

Anarchists believe that no one should govern others; rather, all human interactions and joint functions (e.g., a group’s efforts to defend itself against predators and enemies) should be undertaken through voluntary agreements, including contracts with private defense agencies.

Central to anarchism is the dual principle of non-coercion and non-aggression: conjoined prohibitions against the imposition of one’s will upon others and, therefore, the use of force except in self-defense or the defense of others. (Are there loopholes for dealing with imminent, predatory threats and teaching children to behave? Only an anarchist knows for sure.) Government, by definition, imposes its will by exerting superior force. Government, therefore, is illegitimate.

The non-aggression principle is the undoing of anarchism. Anarchy (purely consensual anarchy) cannot prevail. Non-aggression often is met with aggression. Anarchists (were there a viable group of them) would fall prey to well-armed aggressors (both from within the group and outside it). This inconvenient fact is of no account to doctrinaire anarchists. They are focused on the world as they would like it to be, and have little time for the world as it is, except to object when it isn’t to their liking — which is all of the time.

Minarchism

The Central Tenet: Limited Government

Minarchists are united in but one respect: Government, being inevitable if not necessary, must be kept within strict bounds. Given the inevitability of government, it is better to control it than to be controlled by it. It is therefore better to design an accountable one that can be kept within its bounds (or so minarchists hope) than to suffer an imposed regime, most likely an oppressive one.

Why do minarchists prefer strictly limited government? There are two reasons. The first reason is a desire to be left alone, or more elegantly, a deontological belief in the natural right to be left alone. (Most anarchists are deontologists.) The second, consequentalist, reason is that voluntary social and economic transactions yield better results than government-directed ones. Friedrich Hayek makes that argument, at length and successfully, in his essay, “The Use of Knowledge in Society.” Here is a small sample:

As Alfred Whitehead has said in another connection, “It is a profoundly erroneous truism, repeated by all copy-books and by eminent people when they are making speeches, that we should cultivate the habit of thinking what we are doing. The precise opposite is the case. Civilization advances by extending the number of important operations which we can perform without thinking about them.” This is of profound significance in the social field. We make constant use of formulas, symbols, and rules whose meaning we do not understand and through the use of which we avail ourselves of the assistance of knowledge which individually we do not possess. We have developed these practices and institutions by building upon habits and institutions which have proved successful in their own sphere and which have in turn become the foundation of the civilization we have built up.

What Hayek says is true not only of economic institutions but also of social ones. The seemingly uncoordinated price “system” guides economic actors toward better ways of meeting ever-changing human wants with limited resources. The social “system” accrues behavioral norms that guide individuals toward peaceful, constructive coexistence with their compatriots.

The Protection of Negative Rights

Whether deontological or consequentialist, minarchism holds that the central role of government is to protect citizens from predators, domestic and foreign. Such protection cannot be absolute, but government’s evident ability and willingness to dispense justice and defend the nation are meant, in part, to deter predators.

More generally, the ideal government is restricted to the protection of negative rights. Such rights, as opposed to positive rights, do not involve claims against others; instead, they involve the right to be left alone by others. Negative rights include the right to conduct one’s affairs without being killed, maimed, or forced or tricked into doing something against one’s will; the right to own property, as against the right of others to abscond with property or claim it as their own; the right to work for a wage and not as a slave to an “owner” who claims the product of one’s labor; and the right to move and transact business freely within government’s sphere of sovereignty (which can include overseas movements and transactions, given a government strong enough to protect them).

To a minarchist, then, rights are limited to those that can be exercised without requiring something of others (e.g., transfers of income and property). The one necessary exception is the cost of providing a government to ensure the exercise of rights. That cost must be borne, in some arbitrary way, by citizens who, on the one hand, see no need for government (i.e., anarchists) and by citizens who, on the other hand, have differing conceptions of rights and how the cost of protecting those rights should be shared.

More about Property Rights

Minarchists (like anarchists) are fierce defenders of property rights. Minarchists hold that we own what we earn (or what is given to us, freely, by others who have earned it). The right to property is a negative right, in that the enjoyment and use of that which is ours need not deny anyone else the right to enjoy and use that which is theirs. (Acts of enjoyment and use, however, must not infringe on the negative rights of others.) The denial of property rights (in whole or in part) is theft, whether committed by a private party or government. (The “public use” clause of the Fifth Amendment is applied legitimately only when government must take property, with “just compensation” in order to execute one of the few legitimate functions of government.)

There is an economic justification, as well, for minarchists’ defense of property rights. People generally use that which they own more carefully and more productively than that which they do not own. This tendency — which springs from the same psychological source as the tendency of individuals to care more for those who are closest to them — yields less waste and greater output. That outcome benefits everyone, not just the owners of economic resources.

The Role of Civil Society

There can be more to minarchy than the protection of negative rights. In the view of some minarchists, government legitimately serves the broader (but related) purpose of protecting civil society. Other minarchists have no use for what they see as the strictures of civil society; they wish only to be left alone. In their introverted myopia they fail to see that the liberty to live a peaceful, happy, and even prosperous life depends on civil society: the daily observance of person X’s negative rights by persons W, Y, and Z — and vice versa. That is so because it is impossible and — more importantly — undesirable for government to police everyone’s behavior. Liberty depends, therefore, on the institutions of society — family, church, club, and the like — through which individuals learn to treat one another with respect, through which individuals often come to the aid of one another, and through which instances of disrespect can be noted, publicized, and even punished (e.g., by criticism and ostracism).

That is civil society. And it is civil society which, many minarchists aver, government ought to protect instead of usurping and destroying as it establishes its own agencies (e.g., public schools, welfare), gives them primary and even sole jurisdiction in many matters, and funds them with tax money that could have gone to private institutions. Moreover, some minarchists aver that government ought to tolerate a broad range of accepted behaviors across the various institutions of civil society, as long as government also protects the negative rights of association and exit: the right to associate with persons of one’s choosing, and the right to live and work where one prefers.

The centrality of family, church, club, and the like, to civil society reflects a fundamental fact of the human condition: We tend to care more for those who are close to us than we do for those who are unrelated to us by blood or a direct social bond of some kind. Charity and civilization begin at home.

A Note about Left-Minarchism

This branch of minarchism attracts pseudo-libertarians who proclaim their dedication to liberty from one side of the mouth while supporting statist restrictions on liberty from the other side. The hypocrisy of left-minarchism is discussed in the table below, and by Bill McMorris in “Conservatives Will Embrace Libertarians When Libertarians Stop Embracing Government” (The Federalist, February 26, 2014).

Statism

I come now to statism, about which less need be said than about minarchism. Statism is notable mainly for its failure to understand, respect, or protect negative rights and civil society.

The Essence of Statism: Control

Statism boils down to one thing: the use of government’s power to direct resources and people toward outcomes dictated by government. Statism is orthogonal to the libertarian worldview of anarchists and minarchists.

The particular set of outcomes toward which government should strive depends on the statist who happens to be expounding his views. But all of them are essentially alike in their desire to control the destiny of others. (Two excellent posts that spell out the essential sameness of statism, whether it comes from the “left” or the “right,” are John Ray’s “The American Roots of Fascism” and Eric Scheie’s “Rule by the Freest.”)

“Hard” statists thrive on the idea of a powerful state; control is their religion, pure and simple. “Soft” statists profess offense at the size, scope, and cost of government, but will go on to say “government should do such-and-such,” where “such-and such” usually consists of:

  • government grants of particular positive rights, either to the statist, to an entity or group to which he is beholden, or to a group with which he sympathizes
  • government interventions in business and personal affairs, in the belief that government can do certain things better than private actors, or simply should do many things other than — and sometimes in lieu of — dispensing justice and defending the nation.

The distinctions between “hard” and “soft” are, for my purposes, less important than the particular kinds of positive rights and interventions preferred by statists of various stripes. I parse the variety of statists later in this post.

Feeble Excuses for Statism

Statists give various excuses for their statism. Here are three, the second and third of which are mentioned above:

  • Government is the community. (This is an odd thing to say, given that politicians elected by a minority of the populace, and often a bare majority of voters, are able to dictate to the non-voting majority. The main virtue of  many an appointed official is that he represents a particular interest group, which is a far cry from “the community.”)
  • People (or certain kinds of people) can’t do such-and-such for themselves. (This claim is credible only because government has destroyed much of civil society by fostering dependency instead of personal responsibility; by blunting entrepreneurship, business formation, and economic growth through taxation and regulation; by breaking up families through various welfare programs; by usurping many of civil society’s functions (education, care of the elderly, and charity being the three most obvious); and by heavily taxing those who would have the means to underwrite the educational and charitable institutions of civil society.)
  • Certain kinds of activities and industries must be regulated because we can’t trust certain so-an-so’s to do the right thing. (This claim is tantamount to saying that (a) only certain outcomes are acceptable, (b) risk — which is necessary to progress — can be controlled by politicians and bureaucrats, and (c) the superficial knowledge and judgments of those same politicians and bureaucrats are adequate substitutes for the vast amounts of knowledge resident in free markets and free social institutions.

The reality from which statists avert their eyes is this: Even in a “democracy” such as ours, where government is supposed to be the people’s servant, it is in fact operated by power-hungry politicians and their often-arrogant minions. The arrogant attitudes of elected and appointed officials toward the “communities” they supposedly serve are revealed by the lavish offices and perquisites they arrange for themselves. The higher they rise on the scale of political power, the more god-like they become, to themselves at least. Constituent service is a means of garnering votes — a necessary evil, handled by staffers whenever possible, and paid for by taxpayers. (A politician naturally take a more personal interest in big contributors seeking attention and favors.)

The Bottom Line about Statism

No recitation of the character and limitations of government really matters to a statist. Government is at once a statist’s god and bully of first resort.

Despotism

In “democratic” nations, despotism arrives as an outgrowth of statism. It arrives by stealth, as the state’s power becomes so pervasive and so entrenched in statutes, regulations, and judicial decrees that liberty becomes a hollow word. Every sphere of existence — religious, social, economic — is subject to interference and control by the state. The state may not exercise full control in every instance, but it has the power to do so, rhetoric about liberty to the contrary notwithstanding.

America’s despotism is “soft,” compared with the despotism of the USSR and Nazi Germany, but it is despotism, nonetheless. If you think it hyperbolic to call the America a despotism, think again, and again, and again, and again, and again. The dividing line between statism and despotism is a thin one, and if you will follow the links in the two preceding sentences, you will find many reasons to believe that America has crossed over into despotism. “Soft” verges on “hard” when myriad organs of the state — from the IRS to local zoning departments — can persecute and prosecute citizens on almost any pretext. The only saving grace is that the victims of America’s “soft” despotism still have recourse to the courts and sometimes find relief there.

REFINING THE TAXONOMY

These statements implicate several political issues:

1. Toward what social and economic outcomes ought human endeavor be aimed? The “aiming” need not be deliberate but, rather, the natural result of voluntary, cooperative action in accord with social norms.

2. Who should determine social norms, and how?

3. What behaviors should obtain?

4. How should norms be enforced?

5. What is the proper role of the state?

6. When the norms and actions of the people and the state are in conflict, how should the conflict be resolved?

7. Who benefits from the imposition of norms by the state, and who is harmed by those impositions?

8. Who should pay for functions of the state?

9. What should happen when the state exceeds its authority?

10. With respect to the foregoing matters, how should dissent acknowledged and accommodated?

The answers to those questions lead to a taxonomy in which Minarchism is divided into Right-Minarchism (the traditional conservative stance, fleshed out with its implications for governance), and Left-Minarchism. Statism is divided into Left-Statism and Right-Statism. I leave Despotism and Anarchism intact. Both stances have nuances, but both are baleful enough without being proliferated.

The following table delineates each of the six philosophies in terms of the ten questions listed above. I have placed Anarchism last, not only for convenience but also because it is the least probable of the six options.

Taxonomy of political philosophies

*     *     *

Related posts (mainly about America’s slide into statism and despotism, and the consequences thereof):
Unintended Irony from a Few Framers
Freedom of Contract and the Rise of Judicial Tyranny
The Constitution in Exile
What Is the Living Constitution?
True Federalism
FDR and Fascism
The Ruinous Despotism of Democracy
The Ruinous Despotism of Democracy
The People’s Romance
Intellectuals and Capitalism
Fascism
What Happened to Personal Responsibility?
Democracy and Liberty
The Interest-Group Paradox
Utilitarianism vs. Liberty
Fascism and the Future of America
The Real Constitution and Civil Disobedience
The Near-Victory of Communism
Tocqueville’s Prescience
Accountants of the Soul
Invoking Hitler
The Left
The Constitution: Original Meaning, Corruption, and Restoration
The Divine Right of the Majority
Our Enemy, the State
Does the Power to Tax Give Congress Unlimited Power?
“Intellectuals and Society”: A Review
Does Congress Have the Power to Regulate Inactivity?
The Left’s Agenda
The Meaning of Liberty
Understanding Hayek
The Left and Its Delusions
A Declaration of Civil Disobedience
Crimes against Humanity
Abortion and Logic
The Myth That Same-Sex “Marriage” Causes No Harm
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Some Thoughts and Questions about Preemptive War
Society and the State
Defense as an Investment in Liberty and Prosperity
Our Perfect, Perfect Constitution
Abortion, Doublethink, and Left-Wing Blather
Reclaiming Liberty throughout the Land
Abortion, “Gay Rights,” and Liberty
Don’t Use the “S” Word When the “F” Word Will Do
Liberty and Society
The Eclipse of “Old America”
The Capitalist Paradox Meets the Interest-Group Paradox
Genetic Kinship and Society
Liberty as a Social Construct: Moral Relativism?
Is Taxation Slavery?
A Contrarian View of Universal Suffrage
Well-Founded Pessimism
Restoring Constitutional Government: The Way Ahead
Estimating the Rahn Curve: Or, How Government Spending Inhibits Economic Growth
America’s Financial Crisis Is Now
Defining Liberty
Conservatism as Right-Minarchism
The World Turned Upside Down
Secession Made Easy
More about “Secession Made Easy”
A Better Constitution
Progressive Taxation Is Alive and Well in the U.S. of A.
“Social Insurance” Isn’t Insurance — Nor Is Obamacare
“We the People” and Big Government
The Culture War
Defense Spending: One More Time
The Pseudo-Libertarian Temperament (see also the links at the bottom)

The Ideal as a False and Dangerous Standard

This is from my post, “The Folly of Pacifism, Again“:

[T]he case for pacifism … is fundamentally flawed….

[I]t rejects the actuality of human nature for an idealized version that is impossible of realization. It is, in other words, an example of the Nirvana fallacy in operation. In this instance it is based on two assumptions — hopes, really — that run contrary to the actuality of human existence. There is the hope for a world without states, and therefore without the kind of state-sponsored violence known as war. But states are inevitable because statelessness invites warlordism, and if a supposedly stateless people join in self-defense against a warlord they will have created what amounts to a state for the purpose of committing violence — in self-defense. Then there is the hope that people — state or no state — will not band together against the “outside world,” but they will.

Bill Vallicella, Maverick Philosopher, in a typically thoughtful post (“Can What Is Possible to Achieve Be an Ideal For Us?“) says this about  ideals:

Ideals must be realizable if they are to be ideals.  The ideal ‘points’ to a possible realization.  If that be denied then it is being denied that the ideal stands in relation to the real when the ideal has its very sense in contradistinction to the real.  At this point I could bring in analogies, though analogies seldom convince.  The possible is possibly actual.  If you say X is possible but not possibly actual, then I say you don’t understand the notion of possibility.  Or consider dispositions.  If a glass is disposed to shatter if suitably struck, then it must be possible for it to shatter.  Analogously, if such-and-such is an ideal for a person, then it must be possible  — and not just logically or nomologically — for the person to realize that ideal.

I believe this is an important topic because having the wrong ideals is worse than having no ideals at all.  Many think that to be idealistic is good.  But surely it is not good without qualification.  Think of Nazi ideals, Communist ideals, leftist ideals and of their youthful and and earnest and sincere proponents.  Those are wrongheaded ideals, and some of them are wrongheaded because not realizable.  The classless society; the dictatorship of the proletariat; the racially pure society; the society in which everyone is made materially equal by the power of the state.  Ideals like these cannot be achieved, and if the attempt is made terrible evils will be the upshot.  The Commies broke a lot of eggs in the 20th century (100 million by some estimates) but still didn’t achieve their fabulous and impossible omelet.

Pacifists and anarchists, as far as I can tell, hold unrealizable ideals. And yet they insist on judging what is real and achievable against those ideals. The pursuit of peace, in the way that pacifists would pursue it, can lead only to subjection by those who do not want peace, except on their terms. The pursuit of absolute liberty, as anarchists would pursue it, can lead only to subjection by those who despise liberty, except as their personal liberty enables them to trample others.

Pacifism and anarchism, in other words, are delusions no less dangerous than “the classless society; the dictatorship of the proletariat; the racially pure society; the society in which everyone is made materially equal by the power of the state.” All are routes to oppression.

Parsing Political Philosophy

A revised version of this post, expanded in scope but somewhat shorter, is here.

This is a work in progress. It is my attempt to replace vague terms like “conservative” and “liberal” with a more precise delineation of political viewpoints in the United States. Accurate as this taxonomy may be, it is not impartial, nor is it meant to be. I favor a particular branch of minarchism — and it shows.

TWO BASIC POLITICAL ISSUES

Politics, correctly understood, refers to the means by which human beings govern interpersonal behavior of various kinds (including commerce), and — in some cases — behavior that might be considered strictly personal (e.g., the kinds of material one chooses to read or view). There are two basic political issues:

  • who should govern (if anyone)
  • what they should govern (i.e., government’s proper role, if any, in the regulation of human affairs).

My purpose here is to classify the range of views about those issues in terms more meaningful than “Democrat,” “Republican,” “liberal,” “conservative,” and the like. Such terms no longer convey accurate information about a person’s stance on the basic issues (if they ever did).

THREE BASIC PHILOSOPHIES OF POLITICS

I begin with a rough sorting of political preferences:

  • Anarchism is a fairly coherent (if implausible) philosophy of non-government, propounded by persons who usually call themselves anarcho-capitalists (probably because it seems a more respectable label than “anarchist”).
  • Minarchism is a somewhat more diffuse but still coherent philosophy of minimal government, propounded by persons who usually call themselves libertarians, over the objection of anarchists, who claim to be the only true libertarians.
  • Anarchists and minarchists dwell in the big tent of libertarianism.  Where anarchists are fairly monolithic in their views (government is evil because it must always be based on coercion), minarchists are of varied stripes, which I delineate below. My analyses of anarchism and minarchism span the range of libertarian ideas, so there is nothing more for me to say in this post about libertarianism as a political philosophy.
  • Statism lives not in a big tent but in a  colossal coliseum. It comprises a broad set of attitudes about government’s role, propounded by “types” ranging from redneck yahoos to campus radicals, each type proclaiming itself benign (for some, if not for others). But each type would — in thought and word, if not deed — set loose the dogs of the state upon its political opponents and the vast, hapless majority. Statism, because it is so powerful and pervasive a force, merits further analysis — more aptly, dissection — into its main types.

Thus the three broad philosophies that I parse in this post are anarchism, minarchism, and statism. Here’s a bit more about each of them:

Anarchism

Anarchists believe that no one should govern others; rather, all human interactions and joint functions (e.g., a group’s efforts to defend itself against predators and enemies) should be undertaken through voluntary agreements, including contracts with private defense agencies.

Central to anarchism is the dual principle of non-coercion and non-aggression: conjoined prohibitions against the imposition of one’s will upon others and, therefore, the use of force except in self-defense or the defense of others. (Are there loopholes for dealing with imminent, predatory threats and teaching children to behave? Only an anarchist knows for sure.) Government, by definition, imposes its will by exerting superior force. Government, therefore, is illegitimate.

The non-aggression principle is the undoing of anarchism. Anarchy (purely consensual anarchy) cannot prevail. Non-aggression often is met with aggression. Anarchists (were there a viable group of them) would fall prey to well-armed aggressors (both from within the group and outside it). This inconvenient fact is of no account to doctrinaire anarchists. They are focused on the world as they would like it to be, and have little time for the world as it is, except to object when it isn’t to their liking — which is all of the time.

Minarchism

The Central Tenet: Limited Government

Minarchists are united in but one respect: Government, being inevitable if not necessary, must be kept within strict bounds. Given the inevitabliity of government, it is better to control it than to be controlled by it. It is therefore better to design an accountable one that can be kept within its bounds (or so minarchists hope) than to suffer an imposed regime, most likely an oppressive one.

Why do minarchists prefer strictly limited government? There are two reasons. The first reason is a desire to be left alone, or more elegantly, a deontological belief in the natural right to be left alone. (Most anarchists are deontologists.) The second, consequentalist, reason is that voluntary social and economic transactions yield better results than government-directed ones. Friedrich Hayek makes that argument, at length and succesfully, in his essay, “The Use of Knowledge in Society.” Here is a small sample:

As Alfred Whitehead has said in another connection, “It is a profoundly erroneous truism, repeated by all copy-books and by eminent people when they are making speeches, that we should cultivate the habit of thinking what we are doing. The precise opposite is the case. Civilization advances by extending the number of important operations which we can perform without thinking about them.” This is of profound significance in the social field. We make constant use of formulas, symbols, and rules whose meaning we do not understand and through the use of which we avail ourselves of the assistance of knowledge which individually we do not possess. We have developed these practices and institutions by building upon habits and institutions which have proved successful in their own sphere and which have in turn become the foundation of the civilization we have built up.

What Hayek says is true not only of economic institutions but also of social ones. The seemingly uncoordinated price “system” guides economic actors toward better ways of meeting ever-changing human wants with limited resources. The social “system” accrues behavioral norms that guide individuals toward peaceful, constructive coexistence with their compatriots.

The Protection of Negative Rights

Whether deontological or consequentialist, minarchism holds that the central role of government is to protect citizens from predators, domestic and foreign. Such protection cannot be absolute, but government’s evident ability and willingness to dispense justice and defend the nation are meant, in part, to deter predators.

More generally, the ideal government is restricted to the protection of negative rights. Such rights, as opposed to positive rights, do not involve claims against others; instead, they involve the right to be left alone by others. Negative rights include the right to conduct one’s affairs without being killed, maimed, or forced or tricked into doing something against one’s will; the right to own property, as against the right of others to abscond with property or claim it as their own; the right to work for a wage and not as a slave to an “owner” who claims the product of one’s labor; and the right to move and transact business freely within government’s sphere of sovereignty (which can include overseas movements and transactions, given a government strong enough to protect them).

To a minarchist, then, rights are limited to those that can be exercised without requiring something of others (e.g., transfers of income and property). The one necessary exception is the cost of providing a government to ensure the exercise of rights. That cost must be borne, in some arbitrary way, by citizens who, on the one hand, see no need for government (i.e., anarchists) and by citizens who, on the other hand, have differing conceptions of rights and how the cost of protecting those rights should be shared.

More about Property Rights

Minarchists (like anarchists) are fierce defenders of property rights. Minarchists hold that we own what we earn (or what is given to us, freely, by others who have earned it). The right to property is a negative right, in that the enjoyment and use of that which is ours need not deny anyone else the right to enjoy and use that which is theirs. (Acts of enjoyment and use, however, must not infringe on the negative rights of others.) The denial of property rights (in whole or in part) is theft, whether committed by a private party or government. (The “public use” clause of the Fifth Amendment is applied legitimately only when government must take property, with “just compensation” in order to execute one of the few legitimate functions of government.)

There is an economic justification, as well, for minarchists’ defense of property rights. People generally use that which they own more carefully and more productively than that which they do not own. This tendency — which springs from the same psychological source as the tendency of individuals to care more for those who are closest to them — yields less waste and greater output. That outcome benefits everyone, not just the owners of economic resources.

The Role of Civil Society

There can be more to minarchy than the protection of negative rights. In the view of some minarchists, government legitimately serves the broader (but related) purpose of protecting civil society. Other minarchists have no use for what they see as the strictures of civil society; they wish only to be left alone. In their introverted myopia they fail to see that the liberty to live a peaceful, happy, and even prosperous life depends on civil society: the daily observance of person X’s negative rights by persons W, Y, and Z — and vice versa. That is so because it is impossible and — more importantly — undesirable for government to police everyone’s behavior. Liberty depends, therefore, on the institutions of society — family, church, club, and the like — through which individuals learn to treat one another with respect, through which individuals often come to the aid of one another, and through which instances of disrespect can be noted, publicized, and even punished (e.g., by criticism and ostracism).

That is civil society. And it is civil society which, many minarchists aver, government ought to protect instead of usurping and destroying as it establishes its own agencies (e.g., public schools, welfare), gives them primary and even sole jurisdiction in many matters, and funds them with tax money that could have gone to private institutions. Moreover, some minarchists aver that government ought to tolerate a broad range of accepted behaviors across the various institutions of civil society, as long as government also protects the negative rights of association and exit: the right to associate with persons of one’s choosing, and the right to live and work where one prefers.

The centrality of family, church, club, and the like, to civil society reflects a fundamental fact of the human condition: We tend to care more for those who are close to us than we do for those who are unrelated to us by blood or a direct social bond of some kind. Charity and civilization begin at home.

Statism

We come now to statism, about which less need be said than about minarchism. Statism is notable mainly for its failure to understand, respect, or protect negative rights and civil society.

The Essence of Statism: Control

Statism boils down to one thing: the use of government’s power to direct resources and people toward outcomes dictated by government. Statism is orthogonal to the libertarian worldview of anarchists and minarchists.

The particular set of outcomes toward which government should strive depends on the statist who happens to be expounding his views. But all of them are essentially alike in their desire to control the destiny of others. (Two excellent posts that spell out the essential sameness of statism, whether it comes from the “left” or the “right,” are John Ray’s “The American Roots of Fascism” and Eric Scheie’s “Rule by the Freest.”)

“Hard” statists thrive on the idea of a powerful state; control is their religion, pure and simple. “Soft” statists profess offense at the size, scope, and cost of government, but will go on to say “government should do such-and-such,” where “such-and such” usually consists of:

  • government grants of particular positive rights, either to the statist, to an entity or group to which he is beholden, or to a group with which he sympathizes
  • government interventions in business and personal affairs, in the belief that government can do certain things better than private actors, or simply should do many things other than — and sometimes in lieu of — dispensing justice and defending the nation.

The distinctions between “hard” and “soft” are, for my purposes, less important than the particular kinds of positive rights and interventions preferred by statists of various stripes. I parse the variety of statists later in this post.

Feeble Excuses for Statism

Statists give various excuses for their statism. Here are three, the second and third of which are mentioned above:

  • Government is the community. (This is an odd thing to say, given that politicians elected by a minority of the populace, and often a bare majority of voters, are able to dictate to the non-voting majority. The main virtue of  many an appointed official is that he represents a particular interest group, which is a far cry from “the community.”)
  • People (or certain kinds of people) can’t do such-and-such for themselves. (This claim is credible only because government has destroyed much of civil society by fostering dependency instead of personal responsibility; by blunting entrepreneurship, business formation, and economic growth through taxation and regulation; by breaking up families through various welfare programs; by usurping many of civil society’s functions (education, care of the elderly, and charity being the three most obvious); and by heavily taxing those who would have the means to underwrite the educational and charitable institutions of civil society.)
  • Certain kinds of activities and industries must be regulated because we can’t trust certain so-an-so’s to do the right thing. (This claim is tantamount to saying that (a) only certain outcomes are acceptable, (b) risk — which is necessary to progress — can be controlled by politicians and bureaucrats, and (c) the superficial knowledge and judgments of those same politicians and bureaucrats are adequate substitutes for the vast amounts of knowledge resident in free markets and free social institutions.

The reality from which statists avert their eyes is this: Even in a “democracy” such as ours, where government is supposed to be the people’s servant, it is in fact operated by power-hungry politicians and their often-arrogant minions. The arrogant attitudes of elected and appointed officials toward the “communities” they supposedly serve are revealed by the lavish offices and perquisites they arrange for themselves. The higher they rise on the scale of political power, the more god-like they become, to themselves at least. Constituent service is a means of garnering votes — a necessary evil, handled by staffers whenever possible, and paid for by taxpayers. (A politician naturally take a more personal interest in big contributors seeking attention and favors.)

The Bottom Line

No recitation of the character and limitations of government really matters to a statist. Government is at once a statist’s god and bully of first resort.

It is evident that we have come to statism as the ruling philosophy in America, for reasons I will detail in a future post.

REFINING THE TRIPARTITE TAXONOMY

To further distinguish anarchists, minarchists, and statists, and to delineate the varieties of minarchism and statism, I apply the following questions:

  1. Is there a need for government, that is, an institution empowered to impose rules of behavior on the populace? Or should human affairs be regulated (entirely or mainly) by voluntary agreements among individuals (say, adult individuals for the sake of simplicity)?
  2. If government is necessary, what control should it have of the affairs of citizens, with respect to (a) the types of affairs and (b) the degree of control?
  3. How should government be chosen?
  4. How should it be controlled?

The answers follow. For the sake of brevity, I generally use the following notation: A = anarchist(s), M = minarchist(s), S = statist(s).

1. Need for Government

Anarchists

A say “no” to government because, in their view, essential functions (e.g., justice and defense) can be accomplished through contracts with private agencies. Similarly, all other matters involving human interactions should be resolved by consenting individuals through voluntary agreements.

Given that A do not believe in the necessity of government, I have only one more thing to say about anarchists until the summing up: No anarchist who strives for consistency in his beliefs should have any views about the three questions yet to be addressed.

Minarchists and Statists

M and S say “yes” to government. M do so out of necessity (anarchy being impossible, in their view), or in the belief that it is possible and desirable to have a minimal government which only protects negative rights (including property rights) and civil society.

S say “yes” to government out of a desire to harness the power of government to their will. But the answers to questions 2 through 4 are fundamentally different as between M and S, and among S.

2. Government Control of the Affairs of Citizens

Minarchists

Somewhere on the political scale the must be a little room for those M who are anarchists at heart, but who accept the inevitability of government or flinch at the thought of anarchy. These tepid minarchists have little to contribute to political discourse. Their stock in trade is to point out that government always does the wrong thing, no matter what it does. I call them A-M, for anarcho-minarchists. And that is the end of them, for purposes of this post.

I turn now to those M who actually have ideas about what government should do within its proper sphere.

The main arguments among M have to do with defining negative rights and delineating government’s role in protecting those rights. The protection of negative rights requires that certain kinds of actions be prevented or punished. But there are gray areas, the most significant of which involve defense, crime, discrimination (on the basis of race, gender, or sexual orientation), and matters that come under the heading of self-ownership (e.g., abortion and homosexual “marriage”).

Some M are to the “left.” These  L-M (left-minarchists), as I call them, usually cluster around the following positions:

  • L-M embrace the non-aggression principle with respect to national defense, not because they believe in anarchy but because they simply wish that it weren’t necessary for America to be at war with anyone. They might consider it necessary to strike first at a potential enemy who is poised to strike us, but they would have to think long and hard about it.
  • For much the same reason, L-M tend toward a “soft on crime” stance and near-absolutism with respect to things like freedom of speech, freedom from warrantless searches and seizures, and freedom from self-incrimination. As with defense, L-M will admit the need for government action, but they mistrust the government that has the power to act.
  • L-M are sympathetic to “political correctness,” arguing that someone (perhaps government) must do something to quell impolite speech or to compensate blacks, women, etc., for the past behavior of those who discriminated against them. More generally, they are all for liberty, except when it is exercised in ways of which they disapprove.
  • Reverting to their embrace of the non-aggression principle, which they abandon when it comes to “political correctness,” L-M tend toward absolutism on such matters as abortion (“it’s a woman’s choice”) and homosexual “marriage” (“what’s different about it?”).

With respect to the first two points, L-M come very close to being anarchists. Government may be necessary, but it is very definitely an evil to be tolerated and restrained, perhaps even to the point of ineffectiveness in combating predators. As for the last two points, L-M come very close to being left-statists (who are discussed below). L-M fall in the M column mainly because of their general views about government: Less is better, and the only rights it should protect (with perhaps a few exceptions having to do with discrimination) are negative ones. Of course, in order to say that, you must count among negative rights the right to kill an unborn child.

It may come as a surprise to L-M, but it is possible to be a minarchist and hold views nearly opposite those of an L-M. The right-minarchists (R-M) who hold such views tend to cluster around these positions:

  • R-M reject the non-aggression principle with respect to national defense. They do so not because they favor aggression but because the principle, in its standard interpretation, is a non-action principle. It would not allow a preemptive attack on an antagonistic state that is armed, capable of striking us at any time, and known to be contemplating a strike. R-M, in other words, tend toward hawkishness when it comes to national defense.
  • R-M also tend toward a hawkish stance on crime. For example, some R-M have no sympathy for journalists who protect anonymous sources where those sources obtain their information by breaking the law. Other R-M reject the idea that the press should be allowed to print whatever information it may obtain about America’s defense forces, plans, and operation. R-M understand that liberty and the prosperity it brings are unattainable in a lawless, defenseless society.
  • R-M are unsympathetic to “political correctness,” arguing that government must not do anything to quell impolite speech or to compensate blacks, women, etc., for the past behavior of those who discriminated against them, because to do so penalizes persons now living who are innocent of discrimination. But more than that, R-M would give individuals and businesses broad latitude in their affairs, penalizing only acts traditionally understood as harmful (e.g., murder, rape, and theft).
  • R-M see “rights” like abortion and homosexual “marriage” as government-imposed social innovations with potentially harmful consequences for civil society. If social custom, as embodied in legislative acts, rejects such things as abortion and homosexual “marriage,” it does so because those things undermine the fabric of society — the bonds of mutual respect, mutual trust, and mutual restraint that enable a people to live and work together in peace.

Obviously, there are other shades of M lying between L-M and R-M. I focus on those two varieties to illustrate the broad range of positions that can be encompassed in minarchism: from the radical posturings of L-M to the true conservativism (and true libertarianism) of R-M.

Statists

S are either to the left (L-S) or the right (R-S), depending on the the kinds of positive rights they want government to bestow, the kinds of property rights they would allow government to flout, and the ways in which they would use government to usurp and trample civil society.

L-S and R-S generally clamor for their own negative rights, but they are eager to deny the negative rights of others. L-S, for example, would like to muzzle global-warming skeptics and impose penalties for “hate crimes”; R-S would quell protests, even orderly, non-disruptive ones. (A minarchist would point out that there would be far fewer protests if protesters knew that government wouldn’t do anything about the matters being protested.)  The general point is that both L-S and R-S tend to be so intolerant of views they oppose that they would use government to quell those views. The use of government in that way bestows (or would bestow) a  positive right on S, in that it takes (or would take) something (e.g., freedom of speech) from some persons for the satisfaction of others (statists). (The use of government in that way, as in other illegitimate ways, merely authorizes reciprocal treatment from one’s opponents.)

Both L-S and R-S are  proponents of overtly positive rights, as well. L-S prefer such things as income redistribution, affirmative action, and the legitimation of gay marriage, whereas R-S are reliably on the opposing side of such issues. It other words, where L-S generally support positive rights for particular classes of individuals (e.g., the poor, blacks, homosexuals), R-S generally oppose such rights. The problem (from a minarchist’s standpoint) is that R-S often seem oblivious to the principle that government shouldn’t be in the business of granting positive rights; the R-S position too often seems based on animus toward the groups favored by L-S. That said, many R-S oppose the granting of positive rights for the perfectly valid reason that they (among others) will bear the costs associated with such rights. (It is consoling to an R-M when an R-S votes against L-S candidates for office, whatever his reasons for doing so.)

L-S prefer government intervention in the economy, not only for the purpose of redistributing income but also to provide goods and services that can be provided more efficiently by the private sector, to regulate what remains of the private sector, and to engage aggressively in monetary and fiscal measure to maintain “full employment.” It should be evident that L-S have no respect for property rights, given their willingness to allow government to tax and regulate at will.

R-S oppose government interventions, unless they stand to benefit from them, or happen to view them through the lens of nationalism (e.g., “protecting American jobs”).

The best-known differences between L-S and R-S are found in their attitudes toward crime, defense, and abortion. L-S tend toward leniency and forgiveness of criminals (unless the L-S or those close to him are the victims); R-S tend toward swift and sure punishment. On defense, L-S act as if they prefer Chamberlain to Churchill, their protestations to the contrary; R-S prefer Churchill to Chamberlain, and make no bones about it. Abortion (and kindred issues involving life and death) find L-S siding with L-M and R-S siding with R-M.

L-S have no room in their minds for civil society; government is their idea of “community.” R-S defend civil society, and would push government to the background — except when they want government to do something. Their willingness to allow more than a minimal government, for certain purposes, leads R-S into the trap of arguing about what government should do instead of arguing that it should do no more than protect negative rights (including property rights) and civil society.

3. How to Choose Government

The question of choosing government subsumes two issues:

  • the breadth of the franchise (assuming that something like representative democracy is the preferred form of government)
  • whether those who govern should be chosen or should choose themselves.

On the first issue, L-M generally align with L-S; R-M, with R-S. The first pairing usually opposes efforts to restrict voting (e.g., by requiring photo ID) that might restrain voting by certain groups (mainly poor blacks and Latinos). The second pairing is more vigilant against voter fraud (usually because the fraud usually cuts against their interests).

There are R-M (like me) and R-S who are less worried by voting fraud than by the extent to which the franchise has been broadened. This has nothing to do with gender or race (except perhaps in the part of some R-S) and much to do with keeping government on the straight-and-narrow. A good way to do that is to restrict the franchise to those persons who have acquired sufficient maturity, and who have a vested interest in the protection of property rights (which are central to economic well-being). My own modest proposal is to raise the voting age 30, and to restrict voting to persons who own their principal residence.

All of the preceding variations on the issue of franchise are minor when compared with the stark truths surrounding the issue whether those who govern should be chosen or should choose themselves. There are S who prefer dictatorship, even if they don’t call it that. I am referring to those L-S who have become shrill in their insistence on regulating the minutiae of our lives and livelihoods (from smoking to banking), suppressing dissent about certain issues (e.g., global warming and gay rights), and suppressing religious expression in the (spurious) cause of separating church and state. These L-S prefer to exercise their will through regulators and judges, inasmuch as we have come to think of powerful regulatory agencies and law-making judges as manifestations of representative democracy. But these are not proper manifestations of representative democracy, and should not be thought of as such. Regulatory agencies and judges (not to mention those many elected officials who seem to hold office for life) are not chosen by voters; they are foisted upon voters. (There is a strong case to be made for appointed judges, but appointed judges who make law instead of applying it are on the side of statism.)

Unfortunately, it is only in rare instances (as in the case of I.F. Stone) that these L-S are revealed for what they really are: tyrants cloaked in the language of democracy and compassion. L-S of the kind I have been discussing (which, unfortunately seems to be most of them), belong in a category by themselves. I hereby dub them and their branch of political thought T-L-S (for totalitarian-left-statists and totalitarian-left-statism).

Certainly, there are some T-R-S to be found among the ranks of white nationalists and their ilk. But T-R-S constitute a platoon, as against a legion of T-L-S.

4. How to Control Government

This question overlaps the previous question in one respect, it involves the right to vote, namely, who has it. Two other issues are the degree to which power is centralized, and how the central government’s power is checked. Casual observation suggests that the expansion of the franchise, the centralization of government power, and the expansion of the central government’s power are closely related. The more “democratic” we are, the less liberty we enjoy, thanks in part to the interest-group paradox, which has been a major cause of the death spiral of liberty.

The views of most M and S about centralization and checks on power are unsurprising:

  • L-M prefer less centralization and weak government all around.
  • R-M prefer less centralization and generally weak government, except in the areas of justice and defense.
  • L-S and T-L-S prefer more centralization and strong government all around, excepting defense and justice — criminal justice, that is. The laws and regulations that cabin our lives warrant strong enforcement, these statists would aver.
  • R-S and T-L-S prefer less centralization and strong government only in certain areas (e.g., justice, defense, immigration).

With respect to centralization and power, most M have been reduced to hoping for miracles from the U.S. Supreme Court and the lower federal courts. But those miracles hinge on many things:

  • the election of Republican presidents (they do make a difference, when it comes to judges);
  • retirements of judges, especially Democrat appointees;
  • the ability of Republican presidents to select judges who would roll back the central government’s mandates and powers;
  • the willingness of the (usually) Democrat-controlled Senate to approve a Republican president’s nominees;
  • and the ability of those nominees (if they prove reliable) to make a difference, given the number of judges who seem to favor governmental power, of one kind or another, over private action.

That is a very high mountain of hope to climb. But there is another way, which involves the use of the Article V of the Constitution:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress….

When the damage inflicted by statists upon this nation finally reaches the point of being unbearable, even by many statists, it might become possible to amend the Constitution to ameliorate the damage. In my decade of reading blogs and the like I have encountered only two serious proposals for using Article V to undo the mess we are in. Both are by persons whom I consider to be R-M: Profesor Randy Barnett and me.

Barnett proposes a “federalism amendment.” I propose something even more radical: a new constitution that includes, among many things, an Article VIII, Conventions of the States, which opens with this:

Delegations of the States shall convene every four years for the purpose of considering revisions to and revocations of acts of the government established by this Constitution. Such conventions (hereinafter “Convention of the States”) may revise and/or revoke any act or acts and/or any holding or holdings, in the sole discretion of a majority of State delegations present and voting.

These proposals, I believe, qualify Barnett and me as radical-right-minarchists (R-R-M), where “radical” means favoring the restoration of the Constitution to its original meaning. What sets R-R-M apart from other types of M is their understanding that it is no longer possible to slay or tame Leviathan through electoral politics-as-usual, that the Constitution itself must be reinvigorated. (There are more radical alternatives, a military coup and <a href=”https://politicsandprosperity.wordpress.com/2009/04/17/secession/, neither of which has much chance of success, and both of which could backfire. Barnetts’s and my proposals would not, if adopted in the way outlined in the third through fifth paragraphs of Barnett’s article.)

A SUMMARY OF THE REFINED TAXONOMY

Regardless of the political label you apply to yourself, you probably are one of these:

Anarchist (A) – no government; justice and defense provided through contractual arrangements with private agencies, all other social and economic arrangements entirely consensual.

Minarchist (M) – limited government for the dispensation of justice and national defense, and the protection of negative rights (including property rights) and civil society; specifically:

Anarcho-minarchist (A-M) – a minarchist only because government seems inevitable; otherwise, a nay-saying anarchist.

Left-minarchist (L-M) – a quasi-anarchist on justice and defense; strong on negative rights and positive rights, but weak on civil society (leans toward “politically correct” statist views).

Right-minarchist (R-M) – strong on justice, defense, negative rights, property rights, and civil society.

Radical-right-minarchist (R-R-M) – same as a right-minarchist, but seeks a “constitutional revolution” to decentralize and weaken government.

Statist (S):

Left-statist (L-S) – weak on justice and defense, negative rights, property rights, and civil society.

Totalitarian-left-statist (T-L-S) – same as a left-statist, but prefers dictatorial ways of imposing his policy preferences.

Right-statist (R-S) – much like a right-minarchist in many respects, but over the top with respect to justice and defense and favors some positive rights and some degree of political repression (though never as much as a left- or totalitarian-left-statist).

Totalitarian-right statist (T-R-S) – the mirror image of T-L-S, but far fewer in numbers and relatively impotent, politically.

Which of the political philosophies represented by these types aligns most closely with liberty? Which is most inimical to liberty? I rank them as follows (the higher, the better):

R-R-M

R-M

R-S

L-M

A-M/A

L-S

T-L-S/T-R-S

R-R-M and R-M stand at the top of the class for their stalwart defense of liberty, up and down the line — from justice and defense to the protection of negative rights, property rights, and civil society. R-S rank above L-M because L-M, unlike R-S, disdain justice and defense — the bulwarks of liberty — though they might not neglect them altogether; both have their quirks when it comes to rights. M-M and A simply would leave us at the mercy of predators, which is a prescription for the opposite of liberty. But M-M and A are better than L-S and T-L-S because the former would not — in principle — subject others to the discipline of the state. L-S and especially T-L-S deserve a special place in my imaginary hell because their every political thought stands in opposition to liberty. Thankfully, T-R-S are impotent blowhards.