Economic Myths #5 – Banking is Capitalist

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By both mainstream economists and the general public alike the cycle of “boom and bust” is believed to be a tendency inherent in any capitalist economy. The fact that the latest such cycle, resulting in the seemingly endless stagnation that we are enduring now, originated in the banking sector and that large banks and bankers ratcheted up huge earnings and bonuses only to cause disaster has implicated banking to represent the very worst aspects of capitalism, motivated by uncontrollable greed that ends in destruction.

Unfortunately this popular view of the mainstream could not be further from truth. In fact with its intimate ties to government and its special, legal privileges it is hard to imagine a less capitalistic industry than banking. Part of the deception – wilfully inflamed by politicians and their lackeys – is one that engulfs other industries subject to government meddling such as energy; that simply because the participants in the industry are private individuals or entities and are not officially part of the government means that the enterprise must be classified as part of the free market and saddled with all of the supposed flaws of that system. Very often however private companies and brands are simply the public facing part of what is essentially a government operation or a government controlled cartel. Britain’s railways, for example, are owned by Network Rail, a statutory corporation with no shareholders; the train operations are parcelled out into geographic monopoly franchises that are awarded to private bodies by the government. The network is, therefore, under the de facto control of the government. And yet when you are stranded for two hours on a crowded platform because of delays whose logo is it you see everywhere at the station? Whose name is embossed proudly along the side of the train that you’ve been waiting for and who – and, by extension, which economic system – gets all of the blame for the problems? This is just as true in the banking sector as it is in the railways. Banking is nothing more than a government run cartel operated in front of the public by private bodies.

The supporting pillar of this government cartel is the central bank. Although this body is not always government owned it possesses a key legal privilege which is to be the sole producer of the nation’s money supply. Since 1971 (but in practice much earlier) all of this money in the world has been paper money, irredeemable and unbacked by any precious metal or market-chosen commodity. This is a very hefty privilege indeed for who wouldn’t want to have the legal ability to just print the very thing that can be exchanged for valuable goods and services? The central bank can manipulate interest rates (the most important prices in the economy) and control the volume of money either by changing the reserve requirements of the commercial banks or by making open market purchases (usually of government bonds but since 2008 pretty much any asset) with freshly printed cash. At the very bedrock of the banking system, therefore, is an institution that is blessed not by the voluntary purchases and exchanges of individuals but rather by the aegis of government. This institution would not exist in a genuine, capitalist economy as its powers rely not upon free exchange but upon government enforcement. Money would not be a centralised, government issued ticket on worthless paper nor would anyone have monopoly control over its production. Rather, money would be a commodity such as gold or silver. No one would be able to simply wave a wand and make gold appear in the way that central banks can make paper money appear, nor could anyone simply do the equivalent of no productive work in order to purchase valuable assets. Rather they, like anyone else, would have to earn their money through productivity that serves consumers. The volume of money in the economy would be regulated not by the central bank’s fiat but by the demand for freshly mined gold from the ground. Interest rates would be set by the demand for and supply of loanable funds and not by the arbitrary decree of monetary policy.

The reason why private banks appear to be the epitome of greed is that they are the channel through which the central bank’s deeds flow. They are the recipients of new money from open-market operations and of new loan-issuing powers when reserve requirements are altered. Credit expansion under the business cycle therefore affects the banking industry first and it is this industry that demonstrates the largest paper gains – all of those huge profits and hefty bonuses – and, consequently, the most catastrophic losses when the inflation stops. And yet the only method of making the fraudulent and destabilising fractional reserve system work, at least for a time, is the monopoly issuance of paper money by a central authority, robbing people of the ability to redeem notes that are over-issued and allowing the banks to inflate continually in concert. Furthermore, under this system banks are endowed with a special legal privilege in that they do not have to time their assets in line with their liabilities. When the disaster of “borrowing short” to “invest long” finally unravels who is that steps in to save the day? Why, the cartel-managing central bank of course, in its role as a lender of “last resort”, permitting the private banks to privatise their gains and socialise their losses. Once this fact – recognised in the US as the infamous Greenspan put – is understood by the private banks it will serve only to inflame risky and reckless business ventures. After all, why bother with prudence when you know that someone else will mop up the mess? None of this would be possible in a genuine, capitalist economy where each bank would have to suffer its losses and take full responsibility for its risky ventures.

This short description indicates that banking is woefully far from being a capitalist industry. Rather it is an industry that is well and truly in bed with government, relying on government for its profits, for the sustainability of its operations and for the absorption of its losses. “Private” banks they may be but a part of the free market? Absolutely not!

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Money – the Root of all (Government) Evil?

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In addressing the evil and parasitic nature of the state, libertarians focus on many of the state’s specific characteristics in order to demonstrate its destructive effects upon civilisation – whether it is nationalised industries, market interference, the minimum wage, anti-discrimination and egalitarian pursuits, the business cycle, or whatever, there is a treasure trove of libertarian literature available that explains and elaborates the deleterious effects of these particular state endeavours. However, a less addressed question is which of these areas, if any, are the most important? Which of them amount to mere nuisances that can be circumvented or otherwise put up with and which, if any, of them amount to a significant transfer of wealth and power to the state with seemingly permanent effects? Furthermore, is there any one issue that libertarians should stress above all others if we are to deliver a real and significant puncture to the state’s ever-inflating balloon?

One prime candidate for this title is war and international conflict. With war comes every glittering prize that the state could ever dream of – mass mobilisation of labour and industry towards a common purpose dictated by the state; control of all markets; mass propaganda; control of communications; suspension of free speech and possibly of habeas corpus; and not to mention the bogeyman of the supposed enemy to which to channel the attention and hatred of the average citizen. Indeed Murray Rothbard, relatively in his career, recognised that while libertarians had some very profound things to say about the state’s mismanagement of, for example, the post office, focussing on war was the real key to unravelling the state’s power and oppression of the population.

Nevertheless, while a permanent and lasting degree of state power and control is enabled by war there is another contender for the top spot. That is the government’s control of money and, specifically, the ability to create an endless supply of paper money distributed to itself and its favoured outlets, as opposed to the rigour and discipline imposed by a “hard money” standard such as gold. Ultimately it is the state’s ability to fund itself that is at the root of all of its other absorption of power and control – even war.

In order to demonstrate this let us look at what the situation would be if government was constrained by a denationalised, “hard” money such as gold. In the first place, government would be wholly reliant upon the tax receipts of its individual citizens for funding and would be unable to resort to extensive deficit spending or inflation. The plainness and visibility of that confiscation places a much lower limit upon the state’s coffers. Put simply, when too much money is taken out of your hands physically you are likely to revolt much sooner. Indeed, in the past, war itself was an expensive operation and battling kings often struggled to raise funds to maintain campaigns. Strategic brilliance was often not accomplished by an all-out destruction of the enemy but, rather, by out-manoeuvring your opponent and preserving for as long as possible expensively-trained soldiers and equipment. In many cases funding had to come from external sources. The genesis of the aristocracy was in those who were rewarded with titles to the conquered land in return for funding the war – in other words the ruler had to parcel out parts of the new territory to those who had helped him grab it. Indeed even the English parliament itself and the Magna Carta­ – famed as the genesis for two cardinal principles of liberty, no taxation without consent and no trial without due process – resulted in part from the reliance of the king upon his relationship with the barons for support and funding. Hard money therefore not only physically restricts the amount the state can spend but has been the indirect cause of the enshrinement of restrictions upon the state’s despotic power.

In more recent times, however, the ability to provide funding from a non-stop printing press has permitted the state to expand its activities without having to account for them through tax receipts. People do not see the money disappearing from their pay packets or from their bank accounts; all they see is the prices they have to pay for goods and services rising and squeezing their purchasing power, a fact that can be easily blamed on greedy businessmen and shareholders. It is possible for a libertarian to be sympathetic with the view that as long as you know how much the government is taking from you then it has a reasonable degree of tolerability. But when government resorts to the smoke and mirrors trick of robbing not the money in your hand but, rather, its purchasing power then it must be opposed emphatically. In comparison to earlier conflicts, the wars of the twentieth century were so prolonged and destructive precisely because government could resort to the printing press. Had they relied solely upon tax receipts “war-weariness” would have set in much sooner among the population and they would have demanded a swift end to hostilities. Hence all of the overreaching effects of the state’s engagement in war flows directly from its ability to control the supply of money. If we wish to end the consequences of war upon the state’s metastasised growth then we need to attack the root of its ability to fund it.

It is true, of course, that there may be something of a chicken and egg story when it comes to war and paper money. Does paper money cause government to engage in war or does war cause government to print paper money? Either way, however, even if government was previously respectful of a hard money standard which it does not abandon until the outbreak of a war, it is this power of printing paper money in and of itself that fuels the extent of its belligerence. And in any case, the ease with which government can suddenly suspend a hard money standard only comes about because they have arrogated to themselves monopolistic control of the operation of money issuance. It would be much harder for government to print un-backed notes and force their acceptance when others are issuing notes fully redeemable in gold. Whatever comes first, however, either the paper money or the war and the growth of the state power, if you wish to prevent the flood then you must turn off the taps.

In more peaceful times hard money also disciplines the citizenry into realising that government is not the fountain of all wealth. The state has grown so much under democracy because, apart from the veneer of legitimacy that popular elections lend to the state, politicians are able to bribe the electorate with endless goodies that they do not believe that they have to pay for. The resulting borrowing and inflation – now reaching an eye-watering level in the West – which does not touch the citizen directly gives the impression of government as an endless stock of resources, the only difficult task being to elect someone who will give them to you rather than worrying about the more trifling matters of production and enterprise. Indeed, public discourse rarely seems to acknowledge the fact of scarcity, usually focussing on single issues and concluding with an explosion of outrage about how government isn’t “doing more” to combat the alleged societal ill. The more difficult question of the expense that we would endure, what should be given up as a result and which goods cannot be brought into being because of the new expenditure diverted to cure the problem complained of is overlooked. To the citizen there is always more money, more resources and more of everything that government can acquire from somewhere other than himself. However, in exactly the same way as a hard money standard would induce “war-weariness” in belligerent times so too would it induce “state-weariness” in peaceful times. People would soon tire of having their pay packets robbed to fund goods for other people; and people would soon realise that many of the things they would otherwise want from government for free simply cannot be afforded and must be worked for by themselves.

Let us turn next to the whole problem of the business cycle. Although panics existed before the advent of modern central banking many of these occurred precisely because hard money rules were casually abandoned, with issuing institutions expanding the volume of credit beyond the stock of monetary gold and government happily stepping in and relieving them of the obligation to redeem their notes in specie. But whatever the characteristics of pre-central banking business cycles it is undeniable that they reached a depth, severity and prolongation in the twentieth century that was not seen before. There are two reasons for this. First, government’s enhanced control over the supply of money induces a more serious degree of malinvestment than would otherwise be the case where the supply of money is checked by the stock of redeemable gold. In both of the biggest collapses of the last one hundred years – 1929 and 2008 – credit expansion ran for the best part of a decade or more. The longer the false signals towards entrepreneurs are continued the more they will borrow and invest in unsustainable capital projects and the further those projects go the more difficult they will be to unwind. When the bust finally comes, therefore, the situation is far more serious than it otherwise would have been. This brings about the second factor – that it lends credibility to the argument that the government should step in and “do something” to combat the malaise. The reason why the Great Depression endured for years (and why we are still enduring the current one) is not because of the initial collapse – it is because government did everything it could to maintain the existing structure of production, wages and prices. Fittingly enough President Hoover often invoked the language of war in describing the threat of the downturn and the culmination of this in the New Deal – the complete cartelisation of industry and agriculture into a fascistic economy – was achieved by the resurrection of World War One era departments and programmes. It is supremely ironic that government-caused depressions give rise to ever more invasive government intrusions, an irony that turns truly into tragedy when we consider that what followed the Great Depression was the carnage and destruction of World War II. With the current belligerence of the US in provoking tension with Russia and China another war is something that cannot be ruled out as a result of the present crisis; and we all know how destructive war is to freedom.

What we can see therefore is that government control of money is a prime contender for the top spot of issues that libertarians should consider as the most serious when combatting threats to liberty. If this should be doubted then one has to question why the mystery of central banking and its ability to pull the monetary strings from a shady, secretive outlet has been a political non-issue for decades. Politicians only bring into debate the relatively “easy” problems that do not upset the apple cart. While they are keen to oust their immediate, political opponents they never provide the public with any serious choice that would restrict the power and growth of government as a whole. At least democracy – another cause of government growth and legitimacy – gets praised and lauded from time to time, if only ever to justify the government’s military crusades against foreign tyrants. But before the last few years central banking and monopoly issuance of money was hardly even mentioned – not even to give it a blessing. It seems as though government is fine with brainwashing its citizens into embracing the justice of elections by voting but it is far too scared to even make them aware of its power over money. Although this is now beginning to change and there is a greater enquiry into and scrutiny of the US Federal Reserve (not least because of ex-Congressman Ron Paul’s emphasis of the issue) the acceptance of and absence of discussion of these evil institutions has pervaded for too long. This is where government would be truly and irredeemably hurt. It could enact as many reams of invasive and destructive legislation as it liked, yet they would be of zero threat if government was starved of funding to enforce them.

It is appropriate to end with the words of Ludwig von Mises who recognised everything we have been saying here in his first major treatise on the subject of money:

Defense of the individual’s liberty against the encroachment of tyrannical governments is the essential theme of the history of Western civilization. The characteristic feature of the Occident is its peoples’ pursuit of liberty, a concern unknown to Orientals. All the marvellous achievements of Western civilization are fruits grown on the tree of liberty.

It is impossible to grasp the meaning of the idea of sound money if one does not realize that it was devised as an instrument for the protection of civil liberties against despotic inroads on the part of governments. Ideologically it belongs in the same class with political constitutions and bills of rights. The demand for constitutional guarantees and for bills of rights was a reaction against arbitrary rule and the non-observance of old customs by kings. The postulate of sound money was first brought up as a response to the princely practice of debasing the coinage. It was later carefully elaborated and perfected in the age which—through the experience of the American continental currency, the paper money of the French Revolution and the British restriction period—had learned what a government can do to a nation’s currency system.

[…]

Thus the sound-money principle has two aspects. It is affirmative in approving the market’s choice of a commonly used medium of exchange. It is negative in obstructing the government’s propensity to meddle with the currency system.

The sound-money principle was derived not so much from the Classical economists’ analysis of the market phenomena as from their interpretation of historical experience. It was an experience that could be perceived by a much larger public than the narrow circles of those conversant with economic theory. Hence the sound-money idea became one of the most popular points of the liberal program. Friends and foes of liberalism considered it one of the essential postulates of a liberal policy1.

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1 Ludwig von Mises, The Theory of Money and Credit, p 414.

 

Economic Myths #3 – We Need More Jobs!

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During the economic malaise one of the most frequently watched figures in the economy is the number of jobs that are either created or destroyed. Government makes “job creation” a central plank of its economic policy to put people back to work and the impression that more people are being hired and fewer are being fired buoys their hubristic impression that we must be on the road to recovery.

Unfortunately this obsession with jobs is another example of the error of looking at an isolated aspect of economic achievement rather than at the entire picture – much like trying to boost consumption in order to further growth which we explored in myth #2. Jobs (or work, or labour) are simply what we have to do in order to achieve our valuable ends with the scarce resources available. It is the toil and suffering that we have to undertake in order to get to what we want because we do not live in the Garden of Eden. Our ideal situation is to have everything we want without having to have any jobs at all and economic growth fuelled by greater capital investment permits us to have more and more of what we desire for less effort. Our focus, therefore, is not on jobs per se but, rather, on what these jobs produce – the outcome of our labour and not that labour itself.

The most oft-cited example of useless job creation is government paying people to dig holes in the ground and then fill them up again. The unemployment figures would go down; the stock market would probably rally; the currency would strengthen. And yet these “jobs” have produced absolutely nothing whatsoever. All of the time and effort put into administering and fuelling them simply depleted the world of resources rather than added to it. In the real world, what this looks like is government providing artificial stimulus or subsidies to industries that are not otherwise economically viable; government “job creation” programmes; and not to mention, of course, the endless ream of bureaucrats that the government employs directly. Creating artificial jobs that do nothing funded by a government payroll simply papers over the cracks of an unsound economy. Yes, more people feel better as they have dollars in their hands and are probably not worrying about where the next meal will come from; but all that has happened is that those who were already working are now being forced to subsidise those whose employment creates no productivity.

A related fallacy is that if somebody somewhere is carrying out some kind of economic activity and the more of that activity there is then, so it is concluded, the better the economy is doing. To the central planners it doesn’t matter whether there is a housing boom, a construction boom, a tech boom or a stock market boom as long as there is lots of stuff going on, regardless of whether people actually want the products that are churned out by those enterprises. It is for this reason why we have the business cycle in the first place. Obsessed by creating some kind of “output” the artificial stimulus of credit expansion pushes the economy onto a path which, while brimming with activity, is ultimately not in harmony with the desires of consumers.

Job quality is more important than job quantity. The correct focus of any economic policy should be to ensure that we are labouring to direct the scarce resources available to the ends that we desire – and not simply on wasting those resources by doing some kind of fundamentally useless activity just to make government look good. “Full production” and not “full employment” should be our mantle.

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Libertarian Law and Legal Systems Part Two – Self-Ownership and Original Appropriation

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In part one of this five-part series we outlined some preliminary considerations concerning how a libertarian legal system might unfold and develop. We are now in a position to begin exploring the causative events of legal liability in a legal order governed by libertarian prescription.

Prior to considering any specific area of the law such as tort or contract we must explore the ways in which a libertarian legal system will recognise and enforce self-ownership and also the original appropriation of previously ownerless goods. Technically speaking, the latter topic at least could be covered as part of the law of consent. Both self-ownership and titles over goods allow their owner to not only enjoy the productive services flowing from his body and external goods, but equally and oppositely they burden him with the responsibility of ensuring that, through his actions, those goods do not physically interfere with the person and property of anybody else, otherwise he breaches the non-aggression principle – and there is likely to be at least prima facie liability of the owner if property belonging to him is found to have physically interfered with the person or property of somebody else. In the same way that it is unjust to physically interfere with someone else’s property, so too is it unjust to hold someone responsible for property that he has not voluntarily assumed to be his or to have asserted control over through his actions. For example, if the brakes of a car fail and the car rolls down hill before striking a person you are responsible only if it is your car and hence have responsibility for ensuring that its brakes are fully functional. It would be a travesty of justice if, barring any special circumstance, you were held legally liable for someone else causing an accident with their car that they were supposed to maintain. In short, people should not be burdened with the ownership of goods when they have not voluntarily assumed that burden, either by original appropriation or by contract. Nevertheless we will confine our discussion of the law of consent to bilateral arrangements such as contracts and concentrate here on unilateral incurrence of rights and obligations. Our first task, therefore, is to understand very clearly how a libertarian legal system will recognise bodily ownership on the one hand and the original appropriation of previously ownerless goods on the other. As we mentioned in part one we have justified elsewhere these concepts of self-ownership and homesteading of previously ownerless goods, and we will not attempt to further justify them here. We will only assume their equity to be true as our task here is to explain how a libertarian legal system will come to recognise and enforce them or, at the very least, we will enunciate the issues that such a system will face in so doing.

Legal Persons and Self-Ownership

The fundamental task for any legal system, then, is to recognise which entities are legal persons and which are not – legal persons being those who can enjoy rights on the one hand and can be burdened with obligations on the other. In other words who is it who has the ability to both enforce his rights and also bear the responsibility of adhering to his obligations? In libertarian theory it is those entities that demonstrate rational action that possess self-ownership. Such action is demonstrative of desires and choices that lead to action that utilises means to realise ends without being governed purely by instinct, by reflexive impulses or simply by the inertia of external force such as the wind or gravity. Any libertarian legal system is therefore required to determine which entities demonstrate rational action so that they may enjoy both the benefits and burdens of self-ownership. As we stated in part one, it will never be sufficient for an entity to simply possess choices, desires, ends and so on; rather, these have to be publically evidenced and acknowledgeable. Rocks, for example, might possess rational thoughts and feelings that our current level of scientific understanding is unable to detect but the inability of a rock to demonstrate these thoughts and feelings through objectively viewable action renders it outside the category of legal persons. Every human needs to act now and to know what his rights and obligations are now, and the mere possibility that another entity could be discovered to have rational thoughts in the future is not sufficient. The alternative would be to tip toe around every piece of matter and, effectively, to never act at all and thus condemn oneself and the rest of the human race to death. With the requirement of rational action, therefore, it is critical that there is in fact any action at all as much as it is that the action should be rational.

When interpreting this action in order to recognise self-ownership, the basic rule of thumb for the majority of human beings is likely to be “can the person appeal for an enforcement of his rights?” In other words, conflicts over scarcity and the resulting legal disputes with an appeal to morality and justice only arise precisely because the parties to the conflict are able to demonstrate rational action. When a cheetah kills an antelope the antelope’s relatives do not gather together a high council of antelope judiciary ready to subject the delinquent predator to trial. Nor does a human being demand justice from a dog if it bites him (although he may, of course, sue the dog’s owner). Questions of justice arise only between those who are able to appeal to it, such an appeal itself being a rational action. While a libertarian legal system will, of course, have to face the difficult questions of the rights of foetuses, very young children and the mentally disabled (i.e. entities that we regard as human or at least consisting of human tissue but nevertheless may currently lack the ability to demonstrate rational action), it is not likely to be the recognition of individual humans as legal persons that is the greatest problem to preserving liberty. After all, our current statist legal systems cope with recognising the legal status of healthy adults, children, the mentally disabled, and so on, although the rights of unborn babies are still hotly debated. Indeed, we might even say that in some cases the benefits of legal personage are granted too freely when we consider that legislatures and courts often recognise animals (which may demonstrate some similarity to human behaviour but otherwise demonstrate no capability of rational action) as possessing rights. From the point of view of preserving liberty, it is suggested that the more urgent task for a libertarian legal system is not to define which entities are legal persons but, rather, to preserve the content of the rights that a legal person enjoys. In our statist world today we can quite clearly see that it is mostly the dilution of a person’s rights that leads to the loss of that person’s liberty and not the classification of a person as being “without rights”1. What each person appears to be able to enjoy in contemporary legal systems is not self-ownership and the right to private property; instead, it is a concoction of artificial and invented rights and obligations that are bracketed under the term human rights. Human rights, however, are never termed in such a way as to confer their full, irrevocable benefit upon each individual human; rather they are a buffet-selection of open-ended and often contradictory ends that, in most cases, should properly be categorised as goods rather than rights or freedoms. The so-called “right to life”, for example, could mean anything from your right not to be purposefully killed all the way up to your right to demand positive sustenance to keep you alive, the latter breaching the rights of somebody else. Your “right to free speech” may allow you to speak openly against government but does it permit you to break into someone’s house and force them to endure a lecture, thus invading their “right to privacy”? It is left up to government to determine whose rights in these situations should be upheld and whose should yield, meaning that no one truly enjoys any rights at all except by government gift. This is clearly insufficient in a libertarian legal system. Whoever is endowed with the term legal person is entitled to the full and unbridgeable right to self-ownership and to ownership of the goods of which he is the first owner-occupier or the latter’s voluntary successor in title, not some charter of ends that the court has to take it upon itself to balance. There may be some modification of this position in order to accommodate, for example, children who are not yet able to demonstrate rational action to its fullest extent. But for regular, healthy adults the entirety of their right to self-ownership and their full obligation to preserve the self-ownership of other individuals should be applied without exception. Any laws or norms that breach this principle would be invalid as libertarian laws2.

Original Appropriation of Goods

A libertarian legal system having determined which entities are legal persons, it will then be required to determine how legal ownership of previously ownerless goods will be recognised. There are several criteria that a libertarian legal system is likely to require:

  1. There is a tangible good;
  2. Ownership of the good is claimed by a legal person;
  3. The legal person has put the good to productive use;
  4. The productive use has ring-fenced the good from matter not put to productive use;
  5. The good is ownerless.

The first criterion – that there should be a tangible good – might seem trite, but it is worth emphasising that there needs to be matter that is the subject of a physical conflict. While contracts, as we shall see in part three, can deal with property that is not yet in existence but is proposed to come into the ownership of one of the contracting parties in the future, it is clear that claims of present ownership must be over existing goods. Not only will this requirement exclude unreal or imagined entities or objects, but so too will it not capture thoughts, feelings and ideas. Space precludes us from examining in detail whether libertarian legal systems will recognise so-called “intellectual property” but here we must assume that it will not and that all claim of ownership will be over real, tangible, existing goods. Secondly, it should be self-evident that only a legal person can take legal ownership of goods. Objects and animals, as well as not possessing the right to self-ownership, cannot also possess the right to own goods external to them. A banana, a mere unconscious object that cannot own itself a fortiori cannot be said to have rights of ownership over other such objects. Self-ownership is, therefore, a pre-requisite for owning something else. Thirdly, a legal person must have put the good to productive use. In libertarian theory, the first user-occupier of a good is the one who is able to claim the right to original appropriation of that good and, thus, ownership over it3. A libertarian legal system will therefore have to determine precisely which actions will satisfy the demonstration of putting a good to a productive use. Is, for example, touching an object enough to satisfy this criteria, endowing the individual who laid his finger upon the good the exclusive right to its enjoyment? Or is something more required? The key test is likely to be whether a given action produces another good from the original good, in other words it is diverted from delivering one stream of utility to delivering another. This could be something as simple as moving an object from one place to another, gathering logs to use as firewood, removing weeds from soil to plant seeds, and in most cases simple possession may suffice to prove one’s claim to title. The importance of this criterion lies in the fact that a person must be able to demonstrate that he was the first who recognised the good as a scarce and valuable entity and so deliberately laboured in order to ensure that the good provided its highest valued utility. Fourthly, the productive use of the good must extend over the entirety of the physical good claimed and thus serve to clearly ring-fence the good from matter that is not put to productive use. As we said in part one, the purpose of rights and ownership is to avoid or otherwise resolve conflicts arising from scarcity – this cannot be done unless the matter over which a person claims a right is encircled by a clear boundary, a red line over which people know they must not cross. For most self-contained objects, this will not present too much of a problem. One log of wood for instance, in bounded within the physical limits of the good itself – when I move it from the wood to my home in order to use as firewood it is clear that the extent of my productivity is limited to that log and not to an indeterminate quantity of the forest. It becomes more difficult when this is not the case. One example that is used frequently as an objection to the homesteading principle is if several people are swimming or sailing to an ownerless island does the first one to reach it claim the entire island? Or if a person stands on a cliff and urinates into the sea, is he entitled to ownership of the entire ocean? The answer is no, because the extent of the person’s physical presence has not served to ring-fence the entire island or the entire ocean within his sphere of productivity. The person’s valuable ends were achieved without any productive effort being extended beyond his immediate location. If a person wishes to claim ownership over the entire island or the ocean he must be able to demonstrate the extent of his productivity over that entire matter. His ownership will stop at the point where evidence of productive use also stops, and the matter within that sphere of productivity will be ring-fenced. There will be cases where a person may have exerted (at least in his mind) productive effort but there is insufficient evidence to prove that such an effort has ring-fenced property. The most typical type of example will be on boundaries of homesteaded land. If a person has homesteaded an allotment, that part of the garden where crops have been planted and are growing will clearly be part of the ring-fenced allotment. However, at the boundary of the allotment, will say, evidence of a dropped tool a few metres from the nearest crop, or a single footprint made when the gardener stood back to view his work, serve to extend the boundary of the homesteaded land to these locations? Clearly, if the gardener had erected fencing to close in his land then this would itself consist of productive use and this problem would not exist. A related problem is where productive use has apparently extended to only part of a good yet an individual alleges that the whole good is necessary to fulfil his ends. An example is if I draw water daily from a small lake by standing on its edge and then someone else begins to draw water from the other side, can I complain that this latter person is violating my private property? A libertarian court is likely to conclude that the answer is no as if the entirety of the lake was of value to me then I should have extended my productive efforts to ring fence the whole thing. Instead, my only productive acts extended to a small portion of the water available each day thus I did not demonstrate that the remainder of the water was of any value to me. Water rights are, of course, a complicated issue, especially with regards to flowing water but we can acknowledge that in clear cases where it was possible to fully homestead a good and that opportunity was not taken a person cannot later complain that his rights were usurped. Furthermore, the lack of clear boundaries of productive action would lead to obvious absurdities. Whenever a person puts anything to productive use this matter will be connected to the entire Earth – nay, the entire universe. Was the first person who trod on the virgin soil of the planet able to claim ownership over the entire thing? Fifthly and finally, the good must, of course, be ownerless and no one else must have previously satisfied the criteria we have just elaborated. If another person has done so then this latter person’s title trumps that of the claimant. An important consideration in this regard is that a libertarian legal system will have to determine which actions of a person who owns a good are sufficient to determine the abandonment of and, hence, the loss of ownership over that good. This is important for two reasons – first, to determine if a subsequent person may extend productive use over the good and thus claim ownership over it without contravening the rights of the previous owner; and secondly, to determine if the first owner is liable in the event that the good physically interferes in someone else’s property. If, for example, a person builds a house and, after a period of time, abandons it and it falls into disrepair it may subsequently collapse into a neighbouring dwelling. If the original owner of the collapsed property still owns it then the owner of the damaged, neighbouring property may be able to sue him; if not, and the collapsed house is ownerless and is wholly placed back into the sphere of nature then the collapse is of the same ilk as a tree falling or a lightning strike and so the owner of the neighbouring property will be without remedy against anyone else. As we shall see, the contract is one method of exercising the abandonment of a good by transferring it to another individual and the terms of contracts may selectively nullify the original owner’s liability for past actions vis-a-vis the property, transferring this liability to the new owner.

Conclusion

Having, therefore, outlined how a libertarian legal system will determine who has self-ownership and how the original title to goods will be established, we can now, in the remaining parts of this series, turn our attention to specific causative events of legal liability.


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Please note that this post received minor revisions on January 16th, 2018.

1This is not to suggest, of course, that attempts to categorise individuals as being below the status of full a legal person have not been made. In the former Soviet Union, for example, a declaration that a person was mentally disabled and thus subject to fewer rights (if any) was a convenient method of disposing of political opponents. Nazi racial doctrine regarded certain races as being sub-human although that creed’s inability to think in anything other than collective rather than the individual perhaps makes little difference. Furthermore, the current war against terror seemingly allows governments to categorise so-called “terrorist suspects” as “enemy combatants”, suspects who have been denied the full rights due to that latter category under the Geneva Convention.

2The legal status of collectives acting as a single, legal person – such as incorporated associations and companies – we will not discuss here.

3In addition there are also easement rights but we shall, for the sake of brevity, concentrate on ownership rights.

The Pope, the Mafia and the Government

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Pope Francis, the poverty-obsessed pontiff who seems to be unable to do anything other than advocate measures that will increase it, recently turned his attention towards mafia violence. In doing so he does not seem to have become aware of the fact that replacing the word “mafia” with “government” would turn reports of his recent outcry into what reads like a piece of libertarian literature. Indeed had he just changed this one, tiny word and shifted his entire focus to the real root cause of evil in the world today the present author would be embracing the Pope as his new libertarian hero and be preparing for his conversion to Catholicism.

In the following extract from BBC News, let us try this very thing – substituting the word “government” for the word “mafia” and the word “politician” for the word “gangster” – and see what we get.

Pope Francis has launched a stinging attack on the government, warning politicians that they will go to hell unless they repent and stop doing evil.

“Blood-stained money, blood-stained power, you can’t bring it with you to your next life. Repent,” he said.

He was speaking at a prayer vigil for relatives of those killed by the government.

The Pope has spoken out frequently about the evils of corruption and wrote a booklet on the subject in 2005 when he was archbishop of Buenos Aires.

The meeting near Rome on Friday – organised by a citizens’ group called Libera – was aimed at demonstrating the Roman Catholic Church’s opposition to organised crime, rejecting historic ties with government bosses claiming to be good Catholics.

The Pope told told Italy’s mobsters to relinquish their ‘blood-stained money’ which ‘cannot be taken into paradise’.

The meeting was an attempt to draw a line under the church’s historic ties with government dons claiming to be God-fearing Roman Catholics

The vigil was filled with those who have suffered at the hands of the government, including people whose family members and loved ones had been killed.

As the names of those murdered were read out, the Pope listened, deep in sombre thought, says the BBC’s Alan Johnston in Rome.

After expressing solidarity with the 842 people at the vigil, he said that he could not leave the service without addressing those not present: The “protagonists” of government violence.

“This life that you live now won’t give you pleasure. It won’t give you joy or happiness,” he said.

“There’s still time to not end up in hell, which is what awaits you if you continue on this path.”

Our correspondent says there is a long list of brave priests in Italy who have stood up to the government, and some have paid with lives.

But he says that the wider Church has been accused of not doing enough to confront the politicians.

Anti-government activists hope that the Pope’s words are a signal that he is on their side.

Is it nothing short of astonishing that, to libertarians at least, this report should be so easily fitted to suit government? According to Rudolph Rummel’s research, government has killed an estimated 170 million people during peace time. Isn’t government the true evil hierarchy of organised crime, the institution that kills, maims, steals, on such a colossal scale that it might be perhaps a bit more worthy of the Pope’s attention than the mafia? Isn’t government the ultimate protection racket, demanding tribute from its victims in order to provide them with security, while half of the time encouraging the very acts (terrorism, political violence) against which we need defending? And as awful as mafia violence is, most of the activities in which crime families are involved are simply serving the public goods and services that the government outlaws – namely, gambling, drugs and prostitution. As they cannot compete openly and legitimately in order to supply these provisions they have to settle their disputes by turf wars and violence, as well as greasing the wheels with corruption by bringing public officials onto their payrolls. None of this would exist were it not for government.

We can, of course, never expect an arch-statist such as the Pope – who seemed content to serve as Archbishop of the capital of his country while it was systematically laid to waste by its government – to turn his attention to government in this way unless he has a very sharp and potent but unlikely “Saul on the road to Damascus” experience. Indeed, the very week after he attended the vigil for relatives of those killed by mafia violence, he received the arch crime boss of them all – President of the United States, Barack Obama – at the Vatican. Let’s end with the Guardian’s description of Obama’s arrival in Rome – readers can decide for themselves whether this sounds more like a bringer of peace and harmony; or like a crime lord terrified of assassination:

Obama had arrived at the Vatican in a cavalcade of more than 50 vehicles. Several were packed with men dressed in black and, disconcertingly, wearing masks. It was not immediately clear if they were Italian special forces attempting to confuse potential terrorists or American secret service agents trying to hide the effects of a more than usually gruesome hangover.

A White House correspondent who was travelling with Obama tweeted that the huge, bulletproof presidential limousine – which is nicknamed The Beast – was too big to get through the gates of the Vatican.

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Exceptionalism

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The current crisis in the Ukraine, where a Western-prompted coup of the pro-Russian government has led to Russian occupation of the Crimean peninsula and “protection” for its naval interests in the Black Sea has highlighted the attitude of the West, and of the United States in particular, to what may be regarded as their “exceptionalism”. Whatever standards other countries and governments are held to, the US believes that it is permitted to deviate from (nay, obliterate) those standards, labelling their own actions with some other, innocuous term while utilising some half-baked moral justification in order to promote its acceptability. What is, for other countries, an illegal invasion of a sovereign state is, when the US does it, an act of “liberation”. When someone else organises a rebellion against a sovereign government it’s a violation of international law; but the US only “spreads democracy”. When other states commit horrendous acts of torture or indiscriminate murder they are “war crimes”; for the US, these are tactics that are necessary in the just and noble “war on terror”. Indeed Washington’s leaders have become so blinded by their sense of exceptionalism that they fail to realise that the case of the Ukraine, more than most others, has drawn stark attention to this unrelenting hypocrisy. Russia’s interests in the Ukraine are far more pressing than any interest that the US has either there or in any of its previous catastrophes such Iraq, Afghanistan, Syria, and wherever else into which it has poked its heavily armed nose. The Crimean population, according to a referendum held on March 16th, is overwhelmingly in favour of not only Russian intervention but of outright annexation of the region by Russia. Furthermore, Russia’s response, thus far at least, has not been to steam roller in, guns blazing, but has, rather, been more measured. So not only is the US protesting Russia’s actions, actions which the US happily takes everywhere around the world – it is doing so while Russia has stronger interests, is heavily supported by the indigenous population, and has taken weaker action than the US has in any of its self-invented skirmishes.

The concept of exceptionalism, however, is not something that is restricted to the US or is somehow born out of the US psyche. Rather, exceptionalism traces its roots to the very heart of how government operates domestically. If people steal from each other, it is called “theft” and is criminalised, yet when government steals it is permitted and is called “taxation”. If a company dominates an industry it is called a “monopoly” and must be broken up; if government does it, it is called “nationalisation” (probably with some other seductive sound bite such as the industry is being run “for the people”). If Bernie Madoff takes cash from customers to pay returns to previous investors, it is called a pyramid scheme and he is locked up; when government does precisely the same thing it is called Social Security. If the mafia forces you to pay tribute in return for security it is called a “protection racket”; when the government forces you to contribute to its armies, navies and air forces it is called “national defence”. Government necessarily conditions its operatives to believe that they are excepted from the common morality to which all other human beings must adhere. It is only because the US is the de facto most powerful government on Earth (although it is encouraging to see Obama’s belligerent efforts coming to nought in both the current crisis and the crisis in Syria) that this exceptionalism becomes magnified onto the international scene.  So in just the same way as government does not have to behave in the same way as its citizens, neither does the most powerful government have to behave like any other government. The US is not alone in this regard and has been preceded by other wealthy and heavily armed states – Ancient Rome, and the British for instance – who, coupled with a hubristic belief that they represent the pinnacle of “civilisation” in an otherwise barbarous world, have ploughed their way over everyone else whom they expect to be held to other standards. Indeed, when a pirate was brought before Alexander the Great and asked to explain his actions, the pirate is believed to have replied that what he, the pirate, was doing, was exactly the same as that which Alexander was doing. The only difference was that Alexander terrorised the seas with a “navy” and was styled an “emperor”, while the pirate did so with a “petty ship” and was thus brandished a “robber”1.

The conquest, therefore, of the exceptionalism of the most powerful nation can only be achieved by eradicating that exceptionalism at home – in domestic government and domestic policies. All human beings, whether they work for the government, the civil service, or are private citizens, must adhere to the same common morality and must be held to the same moral standards. Better, still eradicate government completely and the political caste – together with the divisions it creates between itself and those of us less exalted – will disappear entirely. Only then can we hope for a peaceful world in which all humans are equal before the law – both nationally and internationally.

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1See St Augustine, City of God, Book IV, Chapter 4.

Myths about Freedom

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Libertarian enthusiasts usually take pride in their theoretical understanding of the ethics of liberty and the evils of statism. It is difficult not to read and be enthralled by the works of distinguished authors such as Murray Rothbard, Hans Hermann Hoppe, Walter Block, and from earlier generations the likes of H L Mencken, Albert Jay Nock and Frank Chodorov, before we even mention Ludwig von Mises and Friedrich von Hayek. Nevertheless, it is not likely to be the detailed theoretical purity of libertarianism that will be of much help in persuading the passive majority of the population that a free society is both the most economically prosperous and the most just. Rather, our main concern will be in overcoming the statist-bias that most people hold, a bias induced as a result of their indoctrination by their state school education, mainstream media and the presentation of any political debate as requiring at least some kind of government response. This bias crystallises in a number of myths that serve to put a mental block from any acceptance of a society without government, or at least a society where government plays a minimal role. This essay will attempt to explore and debunk some of these myths, not only to refute them but to do so in such a way as to cause people to realise just how ridiculous any adherence to them is, and that the truth is not only correct but blindingly obvious. Indeed such a revelation needs to be this powerful as that same statist bias usually results in the outcome of any debate concerning the necessity of government to be distinctly unbalanced. It is not enough for us libertarians to explain how the free market may make society better off in ten or twenty ways; for if the person whom we are trying to persuade finds an eleventh or a twenty-first thing that we cannot categorically demonstrate will be dealt with successfully in a society without government, then never matter how persuasive our previous arguments and never mind how much the balance is stacked in our favour, the one perceived failure is taken as capitulation that government is necessary and any hope of a free society needs to be abandoned. New and radical ideas that challenge what everyone has always held to be true are often met with this type of defence mechanism, permitting them to dismiss the new truth and return to the comfort of the status quo. This, in many ways, is the libertarian’s most formidable enemy, may be more formidable than the state itself. Let us turn, then, to trying to shatter some anti-freedom myths.

No one will Build the Roads!

The first myth is what may be summarised as the “who will build the roads?” problem – that we are so used to government engaging in the monopolistic production of certain goods that we cannot imagine a world where government would be absent from that sphere of production. Under this category is included such questions as “who will take care of the disabled?”; “who will supply the water?”; “without the NHS what will happen to you when you are poor and sick?”; and so on and so forth. Aside from pointing out that everything (including roads) that government runs was first, at some point, invented by the free market and not by government bureaucrats, we might point out that the capitalist-entrepreneurs manage to successfully deliver into our hands some of the most technically complex items with components and expertise delivered from a multitude of countries. Refrigerators, television sets, radios, laptops, smartphones, cars, the list goes on. Having achieved all of this, will the prospect of having to take on something as wildly complex and as technically unnerving as laying down some tarmac from A to B strike the fear of God into budding entrepreneurs? Would those that aspire to the fame and fortune of Bill Gates and Steve Jobs be twisting and turning in their sleep from nightmarish apparitions of such a horror? Can these inferiors only be rescued by the boldness and bravery of the elite government bureaucrats who can master this fiendishly complicated endeavour? Clearly this is utter nonsense and any perpetuation of this myth relies solely on the argument from existence. Yet we can easily counter this by imagining what our thought process would be if government had taken over a lot more than it already does. If government had monopolised the smartphone industry, would you be saying “thank God for government! Without them, who will build the iPhone?!” If government took over the stationery stores would you wonder “who will sell me my pencils and pens?!” if government was to vanish? If you could only get clothes from government department stores, would the sudden loss of this monopoly mean that we would all have to go round stark naked?

Libertarians are, of course, always at something of a perceived disadvantage in challenging this myth as we are not advocating any strict, one-size fits all plan like other ideologies do. We intend to leave everyone alone to make their own plans peacefully. Hence we do not know precisely who will build the roads, where they will be, what they will look like and how they will be run. Indeed we don’t even know if roads will cease exist and be replaced by some more convenient method of transport. 2015 is the year to which, in the film Back to the Future II, the protagonist finds himself transported, surrounded by cars that fly and roadways and highways that exist not on the ground but in the sky. And yet here we are, one year earlier in 2014, without anything even approaching that level of technology because government forcing us to pay for their roads through taxes stifles any competitive innovation in that area. Indeed, anything that government touches lacks modernisation and development. Roads, schools, the post office, rubbish collection and so on all carry on with the same monotonous methods, procedures and technology while the free market around them innovates. Government is not only unnecessary for building the roads – it is actively preventing us from developing better methods of transport.

Greed and Individualism

The second myth we must tackle is that more freedom encourages greed, selfishness, and an individualistic, atomistic existence in which no one cares for anyone else. Nothing could be further from the truth. Libertarianism is neutral regarding the personal choices that people make so long as those choices are non-violent. Freedom may permit you to make as much money and keep it all for yourself, to shut yourself away from all social contact, to never give anything to charity, or to refuse to help an old lady across the street. But it also permits you to not make as much money as you can, to give as much of it away as you like, and to help as many old ladies across the street as you have time for. It encourages neither type of behaviour. The only reason why freedom and capitalism are accused of encouraging greed and selfishness is because people in free societies have generally chosen the path of increasing productivity, material wealth and the standard of living (ignoring, of course, the fact that while this confers great riches upon the most productive, the living standards of all people are raised far above what they otherwise would be). People who dislike these outcomes attack the system of freedom rather than the choices people make under it because they need to hide the fact that they simply wish to force society away from choosing a path that most people want but that they, the disgruntled, do not want. If they were to acknowledge that nothing about freedom per se encourages greed and selfishness they would reveal that what they are really trying to achieve is to force humanity to conform to their ends rather than what people individually want. It is true that people, as individuals, think and feel pleasure and pain as individuals first, then that of their closest family and friends second, of minor acquiantances third, and for the most part probably do not even care about the billions of remaining people whom they will never meet. Human nature places the individual at the centre of his own life. But not only are humans also sociable and co-operative creatures – the greatest product of this being the division of labour where, as if by magic, the actions of one person, you, could be serving the needs of someone thousands of miles away whom you do not even need to meet let alone care for – it is not the task of political philosophy to correct or otherwise make amends for perceived failures of human nature. Humans are self-interested and act as individuals; it is impossible for it to be otherwise and any political system has to accommodate rather than subvert or alter these facts. It is precisely because freedom is the only political system that does this that free societies have flourished to degrees unobtainable by any other political system. But the greatest irony surely has to be that it is capitalism and freedom that promotes moral fervour, selflessness and care for others, whereas it is any government system attempting to do the same by its usual raison d’être – force and violence – that encourages an individualistic and atomistic existence.   Forced government redistribution of wealth does not cause the donor to become any more moral or selfless; for moral actions require moral choices and if he is simply forced to have his earnings siphoned off into the welfare pot then this demonstrates nothing about his moral character. But further, if anything, having been denied the personal choice to determine which causes are good ones for your money, it is more likely that forced redistribution will instil in you bitterness, resentment and hatred of your fellow humans rather than sympathy, care and a willingness to help. Moreover, it is the existence of generous social safety nets that leads directly to the fracturing of family relationships and friendships and of any need to engage with fellow human beings on a personal and empathetic level. These relationships become most important precisely at your time of need and if the state is there ready to fill your cup in hand on these occasions then cultivating them becomes relatively less important. In a free society however, not only must each person possess a great empathetic skill in order to determine how best to serve everyone else under the division of labour, but the lack of a welfare state means one must rely on one’s friends and family, and they must in turn be able to rely on you. Hence these bonds of mutual care and assurance become stronger under a free society whereas a government-run society all but eradicates them. Finally, the bigger government becomes, the more it leeches from the productive sector, the higher the glittering stack of gold (or paper money, at least) that it steals encourages people to stop producing and to start finding reasons why they should be the beneficiaries of a share of the loot ahead of anyone else. Hence the proliferation of lobbyists, focus groups, think tanks, statisticians, and so on that exist for nothing more than showing why thieved tax revenue should go to one place and not another, and it is hardly astonishing when all manner of alleged societal ills and problems appear seemingly out of nowhere and can be, conveniently, solved by a fat wad of government cash being paid to their sponsors. Big government therefore pits each human against every other in a fight for the loot – it is a contest of who can get everyone else’s money first. If this is not selfish and greedy, then what is?

War of All Against All

Related to the last myth is the allegation that without government every human being would forever be robbing, stealing from and murdering everyone else, reducing humanity to the level of brutal savages and putting an end to civilisation as we know it. This myth suggests that it is an inherent part of human nature to oppose to the death every other human being in a fight for what is a fixed pool of resources, much like animals do in the jungle. If you can’t struggle your way to the top of the food chain in this “society” you will die at the hands of someone else. The first question to ask any advocate of this position is if, in the event that government and its monopoly of security, protection against crime and law enforcement, was completely abolished in a flash, would that person immediately go out and start looting, maiming and killing? In other words, is the only thing keeping you from putting a gun to someone else’s head the fact that government will detect and imprison you? Do you have no conscience whatsoever and are utterly dependent upon government to stop you from turning into a predatory animal? Furthermore, is government the only reason you go to work every day to co-operate with your fellow employees, greet your neighbours a good morning, have coffee with friends, walk your kids back from school, and sit down to a family meal in the evening where you will talk, laugh and joke with other human beings? Will you stop doing all of these sociable activities and engaging co-operatively with other human beings if government vanished? If you meet a friend for lunch is government the only thing stopping you from shooting him and pinching his dessert? The answer is of course no, an answer that is necessitated by the government advocate’s recognition of this behaviour as immoral. Humans possess consciences, moral fervour, and the ability to distinguish between right and wrong. If he concedes that there are some acts that he would not carry out even if there would be no sanction whatsoever, is it not reasonable for our government supporter to expect this of other people as well? At the very least he has every reason to expect the same of every other person with whom he engages in these sociable activities. Indeed, can he name anyone he knows who, absent government, would transform into a criminal, and if he can, do those people form a majority of his friends and acquaintances? Humans not only possess a moral fervour that prevents them from acting wrongfully in the absence of retribution, but they also transcend their recognition of strict moral duty and are, additionally, an inherently sociable and co-operative species. Not only do we form bonds of friendship and kinship far more powerful than any government gun, but, as we mentioned when tackling the previous myth, we have developed a system of co-operation – the division of labour – in which you do not even have to know, meet, like, love, respect or admire any other human being whose needs you serve. Indeed, you may positively hate that person and yet you can still achieve gain through co-operation within the boundaries of voluntary trade – a gain that is mutual and not just for you, where both parties come off better, all in spite of the fact that you do not care a bit about each other. Government was not necessary for this creation – it was truly a “spontaneous” order, spontaneous in the sense that it was the product of human purpose but not of any human’s design. Only a handful of sociopaths and nutcases – a bare of minority of the population – require deterrence in order to prevent them from committing crimes. In addition to private security forces being able to deal with these individuals, there will certainly not be any overnight, societal collapse. Rather, it is government that pits each human against his fellow. Government achieves all of its ends through violence and force – someone gains at the expense of someone else. If you can tap into that mechanism then you can pinch, plunder and pillage from anyone whom you like. But it gets worse than that for government overlays this regime of violence with a veneer of democratic legitimacy, thus weakening people’s sharp, moral distinctions and ennobling anything you do against another human being, however evil and immoral, all OK as long as it was done through democratically elected government. It is worth emphasising this point – not only is government permitting this behaviour but is effectively saying that it is a good thing. It is no small wonder that with such encouragement the war of all against all not only exists under government but becomes prolific.

Companies will Poison our Food!

Our final myth is the notion that private companies, in seeking to maximise their profits, will put poisonous chemicals in our food, will cut corners with safety, our buildings will collapse, our cars will crash, our lives will be at the mercy of these profit-hungry merchants of greed! The obvious retort to this ridiculous assertion is that if a company is expecting people to buy its goods, if it is expecting to outwit its competition, and if it is expecting to make profits, then just why on Earth would it do these things? What advantage is there in creating a product that is going to kill your customers ahead of one that will not and will keep them coming back to you time and time again to keep on purchasing your products with loyalty? As soon as it is realised just how dangerous the goods you are selling are, won’t a competitor leap in with safer products and drive you out of business? At the base of this misunderstanding is the idea that, in the absence of government, regulation will simply vanish and companies will have a free hand to do whatever they like without restriction. But regulation is itself a market activity – not only does it consume scarce resources just like any other but it aims for an end that consumers desire. At the heart of regulation is not the desire to forcibly stop a company from producing in a certain way or from carrying out a certain activity. Rather it is to furnish information to customers so their choices are more informed. Indeed, free market regulators are dealers in the market for information and they need to decide precisely which information is of the most benefit to consumers. Although there exists consumer groups and watchdogs to which people subscribe in order to gain more information about the companies from which they buy, most regulation will take effect as independent certifications of standards which companies will have to achieve. If the standard, in quality, safety, or whatever is achieved then the company will be licensed to advertise the fact that its products have met this standard. Underwriters Laboratories, which regulates product safety, is an example of this arrangement. The regulator too has to judge precisely which standards consumers are willing to pay for. If consumers do not care to know whether a product has achieved a certain standard then companies will not seek certification or accreditation. If the standard is too high then products will become too expensive and the regulator will cease to receive custom from companies and will go out of business. If, on the other hand, the standard is too low then the certification is meaningless as customers are demanding knowledge of a level of quality that the regulator is not setting out to detect. Free market regulation is therefore alive and thriving and it is tied to precisely how much of it consumers demand. If people will not buy your goods because they do not achieve the level that is demanded by private regulators then you will find yourself going out of business.

Related to this notion is the myth that profit seeking will cause a relentless quest by greedy businessmen to deplete the resources of the Earth and after an extravagant party everything will be used up and the world will be left as a barren wasteland. This idea overlooks the fact that profits are determined not only by revenue but also by costs. Just as companies seek to maximise their revenues in order to be profitable so too must they decrease their costs. They are under constant pressure to achieve more output with less input. There is, therefore, an inbuilt incentive towards conservation in a free market – using less, and not more. If resources become depleted then their cost begins to increase so companies have to pay more to use them as inputs, squeezing profit margins and encouraging the switch to less scarce materials. Thus not only is the endangered resource preserved for only those ends which need it most desperately but the increased price induces the production of substitutes or fresh discoveries of the virgin material that were previously unprofitable to harness. As we have explained in detail elsewhere, the very resources that are in danger of depletion today are precisely those where the pricing, profit and loss system has been restricted and replaced by government licensing. Rainforests, fish stocks, and endangered animals are all examples of where ownership has been overridden by government fiat. As they are ownerless the use of these resources is not regulated by the cost of their depletion so there is every incentive to consume them now until they waste away. If this should be doubted then why are elephants, tigers and whales in danger of extinction whereas dairy cows, chickens, and sheep are not? How come the evil profit-seeking capitalists have not, quite literally, driven lambs to the slaughter until there are none left?

Conclusion

These are just some of the main myths which libertarians might encounter when trying to promote their vision of a free society. No doubt there will many more of them that crop up as a result of the statist bias that is inherent in most individuals. Libertarians face an uphill struggle in this regard, but hopefully what we have determined above goes some way to showing how ridiculous clinging to government really is.

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