Austro-Libertarianism – Three Next Steps

1 Comment

Austro-libertarianism undoubtedly has a long history of scholarship of which it can proudly exemplify as not only providing a coherent body of truthful insights into the way in which the world really works, but also provides a foundation for a just and prosperous society.

However, far from resting on any laurels (and I doubt any scholar in this tradition would ever believe that we are at the stage where we can do such a thing), this essay will suggest three areas of development to which scholars in the Austro-libertarian tradition may wish to focus their research.

Pure Praxeology

The first area is to reconceive “Austrian” economics as a pure (or at least “purer” theory) of praxeology. Although “Austrian” economics is noted for deriving its laws from the theory of individual human action, economics traditionally – not least because concepts such as exchange, production, prices, money, and so on are the complex phenomena that we wish to study and understand the nature of – concentrates only on action above the level of the bilateral exchange of wares for a money income. Our economic categorisations and concepts therefore rest on that limitation. “Austrian” treatises, although they begin quite properly by explaining how economic theory is derived from the action axiom (together also with extremely useful chapters on unilateral or “Robinson Crusoe” exchange), soon begin to espouse their theories in terms of these more aggregative concepts, only occasionally returning to individual action in order to emphasise a particular point1.

A simple example to illustrate this point is the economist’s approach to the classification of goods. A “consumer good” is one that is purchased by a consumer for money without any further sale for money expected. Bread, for example, is treated as a consumer good because it generally goes through no further monetary exchange prior to being consumed. At the individual level, however, the bread may only be a capital good in making, say, a sandwich. Labour is combined with the bread and other goods – say cheese and tomatoes – in order to produce the final consumer good of a cheese and tomato sandwich. We can say the same thing about cutlery and crockery, paper and ink and so on. All of these goods are used at the level below that of exchange for money by individuals to produce further goods. “Land”, on the other hand, is treated as the natural resources which are a gift to all humans, not just an individual human being. However, a good produced by another human being may, to the individual who happens to stumble upon it, comprise “land” in the sense that it is a free gift to him and that he has not had to exert any productive effort in order to bring it into the condition in which he finds it. If, for example, I find an abandoned car in perfect working order and (assuming there are no competing ownership claims), even though the car is a produced good, as far as my action and my computation of costs and benefits towards that action goes, the car is a gift of nature and is in exactly the same condition as, say, a tree that has grown naturally.

It is easy to see why any loss of the connection to individual action can quickly lead economists in the “Austrian” tradition and their fellow travellers down wrong paths. Murray N Rothbard provides an extensive critique of W H Hutt’s aggregative concept of “consumer sovereignty” – the idea that all consumers are sovereign over producers and that the latter exist only for the benefit of the former and not for themselves2. The market place is where everybody seeks to benefit himself through voluntary exchange, and there is not, in fact, a distinct class of labourers, of producers and of consumers with one being “sovereign” over the other. Rather, everybody at differing points of the day (even from minute to minute) participates in a different economic category – a man is a labourer when he goes to work; he is a consumer when he stops by at the shop on his way home; he is a capitalist if he purchases some shares for his pension, and so on. Questions of “sovereignty” – the boundaries of rule – concern only the political arena. Concentration on the basis of economic law in individual human action would have avoided any fallacy and prevented a resort to parcel phenomena into homogenous, collective blocks. However, Rothbard hardly escapes the same danger to which Hutt succumbed, building his entire theory of production using the economic fiction of the Evenly Rotating Economy (ERE), an economy in which all economic activity is repeated and known. Thus, entrepreneurial profit and loss is eliminated. This model allows (or, perhaps, forces) Rothbard to conclude that capital goods earn no net rents and that all rents are paid back to the original factors of production – land and labour – a theme that is oft repeated throughout his entire treatise. It is submitted here, however, that regardless of how such an approach may be helpful in illustrating the complexity of the structure of production, any firm or even implied conclusions drawn from it are likely to be grossly misleading and can only lead to error. The most dangerous false step from this presentation is to assume that the ownership of land – as an original factor – provides essentially free income to those who happen to hold it. Needless to say Rothbard takes great pains to rebut this conclusion, but his attempt could be condensed, with a slight modification, to a single paragraph:

As the only income to ground land that is not profit or interest, we are left with the original gains to the first finder of land. But, here again, there is capitalization and not a pure gain. Pioneering—finding new land, i.e., new natural resources—is a business like any other. Investing in it takes capital, labor, and entrepreneurial ability. The expected rents of finding and using are taken into account when the investments and expenses of exploration and shaping into use are made. Therefore, these gains are also capitalized backward in the original investment, and the tendency will be for them too to be the usual interest return on the investment. Deviations from this return will constitute entrepreneurial profits and losses. Therefore, we conclude that there is practically nothing unique about incomes from ground land and that all net income in the productive system goes to wages, to interest, and to profit3.

The correct position, therefore, is that “things” do not “earn” anything. All actions, whether they involve the dispensation of labour, land or capital goods, require the sacrifice of one state of affairs (“costs”) in the pursuit of another state of affairs. It is hoped that the ends brought about are more valuable than the ends given up. The creation of this value if the action is successful (or its destruction if it is not) is the product of entrepreneurial judgment. All income from any action is therefore paid out to cover costs, interest or entrepreneurial profit and loss. All net rents in the economy accrue only to this latter element – successful entrepreneurial judgment with the means at one’s disposal, whether this is your labour, land that you own, or a capital good that you hold. All of these things that can be bought or sold for more or less money than is sufficient to cover their costs plus interest. It is only by remaining firmly anchored to action at the individual level that this realisation can remain in focus4.

Coupled with this endeavour of better preserving the link between the complex phenomena in the economy with individual action is a greater emphasis on “Austrian” methodology not as a separate topic but one to be espoused during the course of the treatise. The reason for this is that a “vulgar” conception of “Austrianism” would state that all economic theory and all of the laws of economics are deduced logically from the action axiom and one or two subsidiary axioms. Truths derived empirically have little or no place in “Austrian” economics. This is not, however, altogether true. Only the core theory concerning the action axiom and its immediately related categories, in addition to some of the more fundamental laws (such as the law of marginal utility) are deduced logically. However, there is a great body of “Austrian” economic law that requires the ascertainment of empirical facts. We cannot, for example, derive economic laws of bilateral exchange without ascertaining the existence of more than one human being, an endeavour which any individual cannot simply deduce. We cannot have an “Austrian” approach to the economic effects of taxation unless one group of persons had, in fact, attempted to tax another group. We cannot have an “Austrian” business cycle theory without first assuming the existence of banks, the practice of fractional reserve banking, a loan market and even money itself must be presupposed. Although the regression theorem, for instance, is a valid praxeological law5, it would only exist if we first of all knew that money existed and that people had chosen to use a good as a general medium of exchange. Now it is true, of course, that these laws would remain valid and true even if the substantive human choices upon which they rely had not been made. If we imagined a world without money, for example, and pondered its existence merely as a hypothetical we could still derive “Austrian” laws concerning it without it ever actually existing. The actual phenomena in existence simply direct our interest to them as those are the areas that matter in our lives and hence are the things we wish to study and understand. No doubt it is also quite impossible to try and “imagine” alternative institutions and choices that have never existed and to apply to them the core “Austrian” theory, especially as our own experience of real concepts such as money, exchange, prices, banking and so on often provides an illustrative tool to our theoretical insights. However, it is more accurate to speak of the entire endeavour of “Austrian” economics not solely as a body of economic law that is deduced logically, but as the application of the core theory, deduced from the action axiom, to the substantive institutional choices that humans have made, the existence of which is verified empirically6. More prominent highlighting of the “Austrian” method and the source of each parcel of knowledge during the course of a treatise would aid greatly any misunderstanding in this regard.

Ethics

The second area of fertile development in “Austro-libertarianism” is the necessity to sever or more sharply delineate the relationship, often casually assumed not only in political philosophy but also in the opinions of lay persons, between legal norms and moral norms. That is, the question of what should be legal – in other words, those norms which may be enforced by the imposition of violence – should be separated from the question of what is good, worthy or preferable. It is submitted that this is one of the greatest barriers to a proper understanding of the role of violence in interpersonal morality, and has been dealt with in detail by the present author here, here and here. Many people happily recognise the illegitimacy of the legal (violent) enforcement against themselves of norms that other people value as moral ends which, as the hapless victims of this enforcement, they themselves do not (or at the very least, they would complain about it). But, because of the prevalence of the legitimising effect of democracy and the blurring of any distinct line between the governors and the governed, most would not think twice to advocacy of the legal (violent) enforcement of ends that they deem good against other people. Indeed, the criterion for what should be legally enforced boils down to little more than what most people think should be legally enforced. Libertarians need to create an understanding that the proper role of violent enforcement is restricted to preserving the physical integrity of each individual’s person and property – and as moral agency requires such integrity in order for a person to choose and act, such an insight is crucial for any proper understanding of interpersonal morality. The examination of whether something is bad, unpleasant or a vice must be separated from the question of whether its prevention should be enforced legally; and, equally and oppositely, the examination of that which should be peacefully permitted by the law should be separated from the question of whether such acts are good and noble things. In addition to aiding moral and political philosophy, this would be of a benefit to libertarianism specifically as it would render inert the perceived support for all of those bad and unpleasant things – drugs, prostitution, gambling, blackmail, and so on – which are non-violent but are nevertheless not necessarily things that we would wish to see in our society7.

Inflation

The final area for development in Austro-libertarianism, this time in the field of economic history and anthropology, is to engage in a rigorous study of the effects of inflation and inflationism throughout history. “Austrian” scholars have certainly charted well the purely economic effects but, in the opinion of the present author, an exhaustive study of the social, cultural, political, and aesthetic effects of inflation is yet to be written, at least in the “Austrian” tradition. As Henry Hazlitt notes:

[Inflation]…discourages all prudence and thrift. It encourages squandering, gambling, reckless waste of all kinds. It often makes it more profitable to speculate than to produce. It tears apart the whole fabric of stable economic relationships. Its inexcusable injustices drive men toward desperate remedies. It plants the seeds of fascism and communism. It leads men to demand totalitarian controls. It ends invariably in bitter disillusion and collapse8.

Apart from the wide “macro” effects of inflation – not least of which include the birth of odious ideological movements and regimes and their ability to fund wars and conflict – also of interest is how inflation effects us at the individual level. For example, how many of our day-to-day products that we enjoy today are the result of genuine development by a capitalist economy and how many are simply substitutes developed in an era of inflation to enable people to attempt to salvage some of their previous standard of living? Products such as instant coffee, condensed milk; synthetic clothing; plastic bottles; and so on. How many genuine labour saving products were developed not because people genuinely wanted to save time but because inflation had either reduced their income to such a degree that time came at a premium or because inflation had induced impatience and a present-oriented fervour? Indeed the latter may have had distinct ramifications beyond the economic – the birth of adolescence as a distinct demographic; the sexualisation of society; the preference for entertainment ahead of learning; the attraction to style rather than to substance; the prominence of sound bites and “tweets” rather than in-depth analysis; the emphasis on youth and adaptability to an ever changing world rather than on age and accumulated wisdom. All of these things have significant consequences for which inflation much at least be partly responsible. Further, how much does inflation distort our views of reality and of what is possible? Inflation, as Hazlitt noted, makes speculation rather than production profitable – the image of productivity and wealth creation rather than the very thing itself. It makes big or easy wins more attractive than patient investment in a lifelong endeavour. But at the extreme we might say that we have attempted to replace reality itself with dreamed ideals. Government, has taken over and replaced real money (gold and silver) with a fake paper counterfeit. Having replaced reality with one form of fakery, we expect government to be able to legislate to replace reality with our pseudo visions, to carry out the miracle of transforming stones into bread. Thomas Nast’s cartoon, Milk Tickets for Babies in Place of Milk (below), concerning the inflation during the American Civil War, perhaps captures the foundation of this mindset in artistic form. The cartoon contains representations of reality that are passed off, for example, by Acts of Congress as reality itself. As English professor Paul A Cantor explains:

Nast’s illustration brilliantly captures [the confusion of] things with representations of things. Like Magritte [in the painting The Treachery of Images], Nast reminds us that a picture of a cow is not actually a cow, but he is not making a merely aesthetic statement. He is drawing a more serious analogy between the duplicity involved in artistic representation and the duplicity involved in the government printing money and forcibly establishing it as legal tender, an analogy embodied in the parallel “This is a Cow By Act of the Artist” and “This is Money by the Act of Congress”9.

Given that “Austrians” lead in the way in a providing a genuine understanding of the definition and effects of inflation it would be appropriate for an historian versed in “Austrian” theory to undertake a full study along the lines that we have suggested here.

View the video version of this post.

1It is also the case that most “Austrian” scholars writing today received their initial education in the mainstream economics tradition and only later “turned” to “Austrianism”. Thus one senses a tendency, if not a persistency, to lapse into the comfort of aggregative and pseudo-concepts, at best obscuring the essential connection to individual human action, and at worst completely losing it and ending up in the rhetoric of collectivist and societal-oriented action.

2Murray N Rothbard, Man, Economy and State with Power & Market, p. 631-6

3Ibid., p.530, emphasis added.

4The present author is not enthusiastic about the excessive use of equilibrium constructs and they should, at the most, be used as a tool in order to distinguish one concept from another, an endeavour that would be impossible without such a construct. Nevertheless, it is possible that a dynamic equilibrium – a fiction in which there is change and entrepreneurial profit and loss but where all forecasts of the particular entrepreneur in the model are correct – together with a focus on the costs of land acquisition and of the dispensation of labour would have created a better illustration than the ERE. But whatever model is used, it is submitted that the illustration of every stage of production, whether it is with land, labour or capital, necessitates the elements of costs, interest and entrepreneurial judgment and that, contra to Rothbard’s assertion that the mental construction of the ERE is necessary in explaining the structure of production, a much clearer grasp of reality can be and, indeed, is attained without omitting any of the crucial elements.

5Although this is disputed. See Gary North, The Regression Theorem as Conjectural History, Ch. 7 in Jörg Guido Hülsmann (ed.), The Theory of Money and Fiduciary Media – Essays in Celelbration of the Centennial.

6If anyone should doubt this and remain steadfastly wedded to the idea that “all” of “Austrian” economics is deduced logically this then he should attempt to present an “Austrian” treatise written in formal logic.

7The present author has dealt with the so-called “thick” or “thin” libertarian debate here.

8Henry Hazlitt, Economics in One Lesson, p.157.

9Paul A Cantor, Hyperinflation and Hyperreality: Thomas Mann in Light of Austrian Economics, The Review of Austrian Economics, Vol. 7, No. 1 (1994), 3-29.

Advertisements

Libertarianism, Morality and Religion

4 Comments

A current recurring debate within the libertarian movement is that between so-called “thin” and “thick” libertarianism, the belief that libertarianism concerns only self-ownership and private property (or at least their derivative non-aggression) on the one hand (“thin”) or whether there are certain other moral imperatives or ends that are, at the very least, part of the libertarian spirit and serve to strengthen its message or, at most, are necessary for its cause (“thick”). In providing a contribution to this debate it is important to understand the place of libertarianism within two things; first, within the wider category of moral philosophy; and second, within the place of the personal ethics of individual libertarians.

Libertarianism and Moral Philosophy

Addressing the first question, it will be argued here that any concept of “thick” libertarianism misunderstands the fact that the purpose of libertarianism is not to espouse a positive theory of interpersonal morality; rather it is to preserve the character of individuals as moral agents to ensure that such theories are possible in the first place.

Questions of morality arise because humans face the constant and ceaseless condition of scarcity. Humans must prioritise the ends that they seek to fulfil as they lack sufficient means with which to satisfy all of them together. Moral considerations arise to inform this prioritisation and would be absent if it was not necessary. If every fulfilment could be achieved without the need of choice then morality would serve no purpose as every possible end would instantaneously be gratified. The necessity of choice, however, requires a means for informing that choice, a way to determine the best outcome that can be achieved with the means available. The result of any choice is an action that has a real physical effect upon the condition of the means, the matter which is the object of the action. A part of the universe is changed physically from serving one end to serving another.

We can think of morality as consisting of two parts or categories. The first part is unilateral or intra-personal and arises where you have a single, desiring, choosing and acting human surrounded only by dead and unconscious matter. Any choice that the human makes will result in an action that will have a physical effect upon at least part of this unconscious matter, for example an apple that is eaten or a piece of wood that is used for a fire or to build a house. Morality, in this instance, will inform the acting human how he should best serve his ends with the means available but there is no reciprocal relationship that arises between the human and the matter around him. Possessing no desire, choice, or action of their own and with their entire condition and motion subject solely to the laws of physics and chemistry, these external entities cannot be described as moral agents and are owed no moral obligation, nor do they possess any moral rights. Moral imperatives may serve to create boundaries upon that which you may do with a certain piece of unconscious matter, but this will entail no reciprocal moral burdens and benefits vis-à-vis that matter1. The second part of morality is bilateral or inter-personal and arises between two or many desiring, choosing and acting beings, all of whom may run into conflicts of scarcity as they seek to fulfil their individually valued ends with the means available, including their own bodies. Not only is someone else’s body inhabited by a conscious and end-seeking being, but the dead and unconscious matter around us may now also be claimed by someone else in order to fulfil that person’s ends and not ours. Hence we have moral rights and obligations that spring up between the acting beings in order to avoid or otherwise resolve these conflicts. There are two sub-divisions to this morality. First is the realm of physical enforcement of moral ends – what we might call violent enforcement. One human being may bring about his end by subjecting another to force or violence. The result of this is that one human’s ends are gained at the expense of another’s. This subdivision is the primary preoccupation of political philosophy – which moral norms may be enforced physically and what are the boundaries of that enforcement? The second sub-division is the realm of non-physical or non-violent enforcement of moral ends – those norms that may only be enforced by persuasion, cajoling, association or non-association, and so on. Furthermore, morality is used to serve as a benchmark or a standard of judgment of moral beings. We apply certain moral codes to other people’s behaviour in order to judge whether they have behaved morally or are, indeed, good and moral persons or evil scoundrels. This straddles both of the categories of morality we just outlined – we make judgments of people’s behaviour both in regard to unconscious matter (i.e. what they might do when alone, in their own home etc.) and of their behaviour towards other people. We may then modify our own behaviour in response to what we see in them – either embracing or befriending them if they are morally good or otherwise attempting to enforce our moral code if we believe them to be morally bad.

Libertarianism, thinly conceived, perfectly preserves these categories in order to provide a foundation for wider moral theory. The critical aspect of all moral agency is that an individual moral being retains the freedom to choose and to act upon his choice. Any physical restraint results in that person not being able to bring about his chosen ends, and any action of his that is compelled by force is not one that he has chosen. In other words the individual would cease to remain as a moral being at all. Libertarianism places only the rights to self-ownership and private property over unconscious matter that is previously unowned (or voluntarily transferred) within the realm of violently enforced inter-personal morality. Any person may repel any invasion of his body or property physically in order to preserve his character as a moral agent. Libertarianism’s sole preoccupation with this fact ensures that this bedrock is firmly established so that we can then go on to develop further theories of intrapersonal and interpersonal morality, to make prescriptions about people should behave, and to make judgments about the behaviour that they do make.

Let us consider, as an example, a proposition of interpersonal morality – that a person should give some of his earnings to the poor. A libertarian would state that this moral proposition would not be violently enforceable and the person would have to choose to donate his money. Such a moral proposition only makes sense when you apply the libertarian foundation of self-ownership and private property, preserving the individual’s character as a moral agent. The proposition concerns how the individual should freely choose to behave in relation to others, and having so behaved we can then make judgments about his moral character. If, on the other hand, it is proposed that the person should be forced to donate his earnings to the poor then this proposition ceases to concern the choice of the individual at all. By enforcing the imperative violently the individual ceases to have any input into the action and is treated simply like a piece of dead matter, such as a hammer or plank of wood – an unconscious tool for the furtherance of other people’s ends. However, the subtle intellectual change that has occurred is that the proposition is no longer a proposition of interpersonal morality. It is, rather, a proposition of intrapersonal morality directed at the enforcing agent, such as the tax collector or bureaucrat. It is not in any way instructing the taxed individual how to behave at all; rather it is instructing his enforcer to take money from him and do X, Y or Z with it. We cannot in any way judge the behaviour of the taxed individual as being “moral” or “immoral”; having no participation in the decision we cannot say that he is a better or worse being as a result. The only person we can judge is the enforcer and whether he behaved morally or immorally by taking the money. What we realise therefore is that any theory of interpersonal morality that enforces its decrees by violence is not a theory of interpersonal theory in any way at all. It simply a theory of intrapersonal morality for the rulers, concerning only how those in positions of power should act unilaterally, treating all other human beings as dead, unconscious tools to be exploited for whatever ends the theory sees fit. Such a theory can never be a theory of society; it preserves only the moral agency of the leader or the controller, degrading all other humans to the level of expendable resources.  Indeed, many moral propositions in public and political discourse today are not directed at the individuals in society but are, rather, are directed at government: “Government should do more to help the poor; government should build more houses; government should do more to curb fossil fuel use; government should provide a better education for my children, etc.” Only the rulers are required to make moral decisions and moral choices while the rest of us are reduced to the level of pets, to be worked, fed and watered but otherwise absolved from any responsibility for what we do. Moreover none of this changes simply because the rulers are democratically elected or, from time to time, the previous minority becomes the majority and the previous rulers may switch places with some of the previously ruled. It simply means that the propositions are directed at functional positions (Prime Minister, President, Congressman, etc.) rather than at specific, unchanging individuals.

It should be equally clear that nothing about such theories relying on force and the propositions that derive from them can make a more “moral” or “good” society for we can only judge a person’s behaviour when he is free to act. When he is forced to act or to not act then we can make no moral judgment of his action whatsoever, just as we cannot say whether a tree is behaving morally or immorally when it shakes in the wind. Indeed, as history has demonstrated amply, the more likely result is a moral degradation of the populace – laziness and lack of motivation caused by the bitterness and resentment at being forced to achieve someone else’s ends, and corruption and black marketing when there are any attempts to circumvent them.

It is this crucial recognition that libertarianism, thinly conceived, has to offer, and why it is becoming so attractive as the failure of government and forced rule becomes more obvious each and every day. Thin libertarianism may have nothing to say whatsoever on any positive moral and political theories. Rather, when those theories advocate violent enforcement, libertarianism, in effect, says “Stop!” Slow down, back track, and understand that for any coherent theory of interpersonal morality you need to preserve self-ownership and private property. Given that this recognition is so desperately lacking, any positive ends that are built upon libertarianism as a superstructure through any “thickening” of its concept is likely to distract from its vital core. In the short term this is likely to dilute the distinction between libertarianism and all other political theories (whether they be conservative or progressive) that has made it so successful – possibly leading to the subsuming of libertarianism as a branch of those political traditions. In the long term, there is the danger that any moral superstructure that is built on top of the foundation of non-aggression will come to jettison the crucial foundation itself. This is arguably what happened to classical liberalism, resulting in its transformation into the statist liberalism we know today2. However, our argument here does not simply concern strategy – that which is necessary for preserving libertarianism, or that which may be best in persuading people of the virtues of a free society and attracting them to the libertarian cause. Rather, the recognition of the preservation of individuals’ moral agency before any further positive, interpersonal moral theory is developed is absolutely essential for conceptual clarity and libertarianism’s place as the bedrock of interpersonal moral theory is required intellectually and not just practically.

We might also point out that there appear to be no positive ends and values that flow self-evidently from self-ownership and private property, or from their derivative, the non-aggression principle. Rather, any such ends and values that are advanced by the individual “thick” libertarian tend to concern that individual’s own personal philosophical preoccupations, such individuals including those with very strong libertarian and scholarly credentials3. It is difficult to see how such varying ends and values flow self-evidently from the same principle. More likely the individual “thickest” identifies the state as the roadblock towards the achievement of his own personal, societal ideals and so he advocates freedom. But he then makes the mistaken leap of tying those ideals – that which he wishes to accomplish through freedom – to freedom itself. We do not mean to suggest, of course, that there is no purpose or importance in debating which values and ends are likely to prevail in a free society, or over those which may assist the libertarian cause (as we shall proceed to do below). But such a debate has nothing per se to do with libertarianism’s place in the sphere of moral and political theory.

Libertarianism and Personal Morality

Addressing now the second aspect of libertarianism – that of its place within the moral outlook of the individual libertarian – it is sufficient, for a person in his capacity as a libertarian, to recognise only private property and self-ownership and to not develop any further moral superstructure upon those foundations. But in his capacity as a human being who must take his place in society we have to stress that such a limitation is woefully inadequate. Libertarianism only states that each and every person should be able to act free from physical incursion. It does not go on to say how he should choose to act, which decisions he should make in allocating the scarce means at his disposal. The consistent libertarian who claimed that self-ownership and private property are the only moral considerations would, in fact, never act at all as he would possess no ends to strive for and no values of which he would seek fulfilment. Rather we all as human beings have values, choices that we believe are right and choices that we believe are wrong, and we all seek to make the right choices and criticise those who do not. Libertarians can probably be forgiven for not having, thus far, emphasised their personal moral theories alongside their libertarian credentials. The violence and destruction wrought by the state has given us plenty to concentrate on. Nevertheless, such a development and espousal of a personal moral theory is critical from both a strategic as well as an intellectual point of view. Not only is it possible for someone who abides strictly by the non-aggression principle to be a thoroughly rotten and unpleasant individual, but the greatest danger lies in the fact that libertarians, by refusing to interfere violently in certain peaceful but morally repugnant ends, may be misinterpreted as going further and actively condoning and praising such behaviour. Simply because we collectively, in our capacity as libertarians, have nothing to say about non-violent actions and choices may result in us appearing as the “anything goes” crowd, failing to address the genuine and heartfelt moral concerns of people we hope to persuade of the virtues of a free society. It is often not sufficient for people to hear that loose abstractions such as “the market” or “private charity” will, for example, suffice to take care of the poor, even if we demonstrate their superiority in doing so. Rather, with any moral issue we are presented, we must be prepared to take a personal moral stance. Our only difference is that we would not violently enforce that stance but would, rather, seek to promote it non-violently and to persuade people to make what we think would be the right choice. It is, therefore, perfectly commendable to state, for example, that people should not be forced to give to the poor but that it would be a good thing for them to choose to do so; or to state that no one should violently stop another person from taking drugs but that to do so would be a morally bad choice and that we would not wish to associate with those people; or to state that you can’t stop a person from making racist comments but you would think that such a person is an ignorant and repugnant bigot. Or, of course, you might conclude the opposite if you can persuasively argue your case. What is important is that you engage with the issue and do not stop short at merely analysing an action or end as non-violent and then having nothing more to say. But the views that you espouse will not be made in your capacity as a libertarian – libertarianism only forming the bedrock of your moral outlook – but as a choosing, desiring, valuing and acting human being who takes his place in society. Nevertheless, the more you build your personal moral views upon a libertarian bedrock, the stronger that bedrock becomes by demonstrating conclusively that libertarians as human beings are not morally vacuous but can, indeed, hold a flourishing and well-developed positive moral theory that addresses the moral concerns of everyone else in society. Indeed, summing up what we have concluded in this section, we might say that a “thick” conception of libertarianism would serve to undermine and destroy it both intellectually and practically; whereas libertarians possessing an otherwise “thick” and engaging supra-libertarian moral outlook separate from but compatible with libertarianism, would very much promote it.

Morality and Religion in a Free Society

One of our conclusions above was that even though a debate concerning which values and ends are likely to prevail in a free society has nothing to do with libertarianism’s place in the sphere of moral and political theory, there is still some purpose and merit in venturing to speculate upon whether, in a world that was completely free from government force and compulsion and which was founded upon the institutions of self-ownership and private property, these facts in and of themselves would encourage a general supra-libertarian morality in a particular direction. For example, if left to their own devices, would that very fact cause people be more likely to create a world of inclusion, non-discrimination based upon race, gender, sexual orientation, etc., would it be secular or religious, multi-cultural or strictly divided, and so on? Would it be a world in which drugs and recreational substance use is widespread or is it more likely to encourage restraint and conservatism in such use? Would it be a world of close connections of family and friendship or would there be more “free love” and sexual experimentation? Even though as a matter of pure logic, libertarianism is compatible with any moral theory so long as the ends posited by that theory do not invade the private property of anyone else, it is submitted that, in practice, it is not likely to work out that way and that we can expect at least a certain kind of supra-libertarian moral order to exist by virtue of the fact that a society is founded upon the institution of private property. What follows is the author’s speculation upon what kind of order this will be.

The foundation of this speculation is the observation that wherever human freedom has been unshackled and free enterprise has been allowed to pursue whatever ends it chooses with relatively less molestation, individuals have chosen to engage in processes that increase their material prosperity ahead of simply sitting around day dreaming and enjoying endless leisure time. The capacity for energy and enterprise has increased, the division of labour has widened and the material standard of living has risen. This may partly be implied in the logic of action itself as increased freedom leads to greater or more successful action and is therefore, likely to result in more actions and more improvement. It is also the case that fulfilment of more ethereal needs such as spirituality, rejuvenation, relaxation, meditation, and so on can only come about once material needs have been satisfied so that even if one was to pursue the former the latter would have to be conquered first. Nevertheless, it is an empirical observation and there has never been any strict requirement for individuals to choose to engage in production rather than simply extending their leisure time4. It is therefore reasonable to assume that the creation of a free society would lead to expansion of the division of labour, the accumulation of capital, an increase in production, and of the material standard of living.

What we can note about this fact is that those who, in a free society, accumulate income and wealth and hence possess a greater ability to direct economic resources are those who serve the needs of consumers. At the level of the capitalist-entrepreneurs, therefore, this will require a number of different qualities: the patience and low time preference to accumulate capital; good judgment, foresight and prudence in directing that capital to where it is most needed; empathy and understanding of one’s customers; and the sociability and communicability required to engage and motivate contractors, colleagues, and employees. The capitalist-entrepreneurs in turn will look for employees who are hard-working, educated, reliable, trustworthy and the employees will therefore seek to spend their money on consumers’ goods that will nurture, within them, these qualities. In other words serving the needs of others and the qualities and characteristics required to do so are ends that would be encouraged by the adoption of a free society. Resources therefore will accumulate in the hands of those who display these qualities and would disappear from the hands of those who do not; qualities and characteristics that harm or otherwise interfere with one’s ability to serve others – laziness, high time preference, a lack of empathetic understanding, unreliability, and on so – will be discouraged and are likely to diminish.  While, therefore, it is possible for persons to engage in endless leisure time and spend their entire day indulging in activities such as drinking, drug-taking and having sex, the resources available for them to do so will be limited and they are likely to be excluded from all prospects of increasing those resources as the habits in which they indulge are antithetical to any method of doing so (i.e. serving others) on the free market.

Second, is a free society likely to be non-discriminatory, and inclusive of all genders, races, religious beliefs, sexual orientations, and so on, or will it be highly segregated and exclusive? We can speculate that there will be two outcomes to this question rather than one. First, in the impersonal and arm’s length dealings of the marketplace, it is likely that all factors that are not relevant to one’s ability to serve the needs of others will be excluded from consideration. If I buy a sweater from a shop it is not likely to make any difference to me whether it was made by a man or a woman, by a white or a black, by a gay or a straight, by a pious Christian or a devil-worshipper. I am so far removed from the complex chain of production that any prejudice or preference I might have in this sweater being made by someone of a particular creed or colour is likely to recede drastically. If consumers do not care about a worker’s personal qualities other than his/her ability to serve the consumer’s ends then neither may capitalist-entrepreneurs do so in the chain of production as they are forced to adhere to their customers’ wishes. If I am looking to hire an employee for my enterprise, the costs of excluding the best person for the job based on some discriminatory ground will mean that I fail to keep up with my competition and will lose money faster. It is true that certain industries will serve different types of people and that certain personal qualities are likely to make one more adept at serving the needs of people who are similar to you. Christians may be better at investing in, producing, marketing and serving specific goods that are desired by other Christians; gay men may be the best people to do the same for gay men, and so on. And people of certain genders, races or cultures may be attracted to certain types of employment ahead of others. It might also be true that a person feels more comfortable if the precise person who serves them at the front line is someone of their ilk – the familiarity of a similar person perhaps helping to grease the wheels of commerce if empathy, advice or understanding is needed to assist a person with his purchase. But all of this only produces an outcome that better serves the needs of consumers and is not based on race, gender, or sexual orientation per se. If a pious, heterosexual woman could develop, market and serve products to gay men better than other gay men could then she would receive their custom and gay male vendors would not. Furthermore, in the vast array of production of goods that are common to all or most of us and are not produced for a specific category of person, any kind of discrimination in the chain of production is likely to diminish as we will always go to the people who can provide those goods at the lowest cost. Freedom under the division of labour does not require everyone to like or love everyone else, or for everyone to be liked or loved; it only requires you to serve them and the skills that each person can offer in this regard are likely to trump any other factors when it comes to the question of inclusion or exclusion. Our second possible outcome, however, might be slightly different. In the area of personal or familiar relations – as opposed to the arm’s length and impersonal relations of the marketplace – discrimination and exclusion may become more, rather than less intense. Although it is possible for the inclusion of the marketplace to encourage and foster a blending of different people – after all, if you work in the same factory, shop or office as someone of a different race or culture, there is the possibility or even the likelihood, that you will become friends simply through the opportunity of contact – on the whole, people tend to prefer the comfort of familiarity, similarity and uniformity. Individual residential areas and communities, therefore, might be internally homogenous and will cater only to the needs of the type of person living there, even though those communities will be happy to trade with others of a different type in the marketplace. This is not to imply, of course, that each different community will actively hate any other and can only barely stand to engage in mutual trade. Rather, it is likely to be a cordial, peaceful and even friendly co-existence. All we are suggesting is that when it comes to a matter of highest preference people are likely to opt for those who are similar to them in their personal and family relationships – such a preference not requiring you to hate anyone who is not similar. In any case, this entire speculation may be wrong and perhaps people will choose to mix more in their personal relationships as well as in their professional. The beauty of the market is that as we do not force anyone to adhere to a certain set of principles then we do not know the precise outcome; all we know is that that which results is the outcome that will satisfy everybody as far as possible.

The third consideration is related to the previous two. As there is no welfare state in a free society and nobody will have the right to violently wrestle resources from anyone else in the event of unemployment or need, the cultivation of personal relationships becomes relatively more important as there may come a day when we will need to rely upon those relationships if we are in dire need. We can speculate, therefore, that the institutions of family and friendship will strengthen in a free society. Such institutions will seek to include those who are trustworthy, reliable, sociable and responsible and will exclude those who are deceitful, unreliable, unfriendly and selfish. There is also likely to be less “free love” and sexual promiscuity in favour of longer term relationships and marriage that produce children, the latter being those upon whom you can rely when you reach old age and infirmity. Furthermore, as there will be no state-supported child rearing in a free society, only those who accumulate enough wealth by serving the needs of others will be able to afford to raise children. Although some of the qualities necessary for serving the needs of others that are inherent in the parent may be passed on genetically (so that people lacking those qualities will simply cease to be born in significant numbers), even if they are not then the parents are likely to foster the qualities in their children that made them, the parents, successful. Moreover, given that the parents will one day die and wish to leave their wealth to their children they are likely to require the reassurance that the fruits of their life’s work is being left to decent, responsible hands. They are not likely to be content to leave their wealth to a lazy, ill-educated drug addict.

What we have hypothesised, therefore, is that a free society, in which everyone must possess the ability to serve the needs of consumers in order to attract income and wealth, is likely to result in a cultivation of the qualities necessary for doing so, such a cultivation producing a relatively “conservative” (with a small “c”) society. This society will discriminate less on the bases of gender, race, colour, etc. but rather upon the specifically chosen behaviour of free individuals. Those who behave in accordance with ways that serve the needs of consumer and develop the characteristics necessary for doing so will be included. Those who do not are likely to be excluded. We must emphasise, however, that nothing of what we have said requires an individual libertarian to support or promote these ends. Only if people turn down the path of increasing their material welfare and expanding the division of labour would qualities and values necessary for serving others become prominent and our speculation is based only upon the fact that this is the choice that has been made in the past. It is possible for the individual libertarian to advocate a different choice and for free individuals to make it.

One final interesting question concerns the place of religion and religious worship in a free society. Religion has always fundamentally concerned three questions – why we are here; how we got here; and what we should do now that we are here. The pondering of these questions and the result of a shared belief as to their answers among individuals is, of course, logically compatible with libertarianism so long as its practice is peaceful and voluntary. However, the inability of early thought to separate phenomena from purposeful intent resulted in the fact that these questions have not been addressed with mutual exclusivity. Why we are here has been ascribed to the purposeful desire of one or more deities; how we got here was a result of that deity’s action; and it followed, therefore, that what we should do while we are here was to bow to that deity’s commands. Therefore, given the deep-seated need in the human psyche to fill the void that is left by these problems and the resulting imperatives that may be dispensed, whoever has been able to provide the gateway to these answers has enjoyed an immense amount of power – tell people where they came from and how it was done then you can tell people what they should do. Religion has therefore always attracted to its ranks the greedy and the power hungry and it is no accident that it has, throughout much of history, been aligned with the state – limited not just to established churches, but to the extent that the king or emperor himself was elevated to the rank of a God. Although early Christianity and the Thomist emphasis on the natural law diminished this welding for a time, the Protestant Reformation and the rejection, by John Calvin and Martin Luther, of reasoned ethics served to make religion once more a tool of, rather than a controlling force over, absolute rulers. Furthermore, religious wars and crusades have often been wars of power and control rather than strictly over the question of belief. Much of the history of religion has therefore been distinctly anti-libertarian. These days, of course, the development of scientific knowledge has stepped in to answer the puzzle of how we got here, which has served, for many people, to sever any connection between the cause of the universe and any moral imperatives they may face in their daily lives. However, there are two severe limitations to this. First, a knowledge of the natural sciences itself posits no moral theory and, other than agreeing that the pursuit of truth is a good and valuable thing, scientists can offer no moral guidance. They might be able to tell you what will happen when a man has sexual intercourse with a woman, and they could describe the shock you would get if you were to put your fingers into a power socket; but they will not, as a result of their discipline alone, be able to tell you why you should or should not do these things. Rather than replacing religious imperatives, the secularity encouraged by science has, rather, left an empty vacuum. Indeed, knowledge derived from scientific research has been used for some horrendously evil ends as well as good. Secondly the purpose of science is to trace the effects of phenomena back to their ultimate cause; yet the human mind is not able, in the physical and logical dimension it inhabits, to comprehend the concept of an ultimate cause. Every cause that we discover in turn becomes another effect whose existence and characteristics must be ascribed to some further cause that must be investigated. The concept of God is an attempt to deal with this teleological problem; we ascribe to God abilities and characteristics that defy normal explanation, yet our image of him – as a distinct consciousness, a father-figure, etc. – couches these characteristics in a manner that we can understand. Indeed, one of the frequent objections to the existence of God pronounced by atheists – “why are there so many Gods and which one is the right God?” – is perhaps not as interesting as the question as to why they are all so similar. Nearly always they are paternalistic humanoids, they are responsible for all creation and all life and they are the dispensers – if not always the practitioners – of morality. Rather than there being many different Gods, different cultures and traditions have ascribed broadly similar characteristics, varying only in their own cultural idiosyncrasies, to what is roughly the same being in order to create a giant metaphor for things that we do not and perhaps cannot ever understand. Science, or anything else, has not yet provided a sufficient alternative answer to this problem. Indeed, the existence of God is not viewed by believers as a strictly scientific problem like any other. The tools of science – the laws of physics and the laws of logic – are themselves part of the very phenomenon under investigation – creation – and are subject to God’s will. As tools for explaining their creator they therefore appear hopelessly blunt, if not, completely inadequate. None of this, of course, is meant to condone belief and condemn non-belief, or vice versa. Rather it is an attempt to explain why people hold the beliefs that they do.

Having said all of this, what can we conclude about religion and libertarianism? It is difficult to say whether a free society will encourage or discourage religious practice. What we can be certain of, however, is that it will continue to be a very strong force in the world, probably for a long time. There is clearly a need somewhere in the human psyche, possessed by a great many individuals, to ponder the origins of the universe, not just the how, where and the when but the why. Given our inability to meet these needs we can be sure that a libertarian world will have to find some way to deal with religion. Whether this will be mere accommodation, opposition, or embracing will be dependent upon whether religion in turn neutrally respects, is opposed to, or actively supports libertarian principles. There are one or two arguable reasons for at least an accommodation. First, there are many libertarian imperatives, rules, parables and examples in religious texts. The Ten Commandments and the Sermon on the Mount, for instance, contain some strong libertarian imperatives and the remainder is not avowedly unlibertarian. There is no reason why, in a libertarian world, religions should not emphasise a more libertarian bedrock for their further moral teachings. Secondly, religion would be expected to dissolve its historical marriage to power and the state, a dissolution that may not occur easily. Yet so too will everyone else have to do the same – bureaucrats, politicians, favoured corporations, and so on. Nobody will be able to latch onto and use the mantle of the state to pursue their ends. There is no reason why religious people should find this more difficult than anyone else. Given that a libertarian world is unlikely to appear unless a majority of the citizenry come to believe in the justice of libertarianism, congregations themselves should already have embraced the libertarian mind-set. Finally, we may consider the problem of so-called religious extremism, the sort of extremism that wishes to destroy or violently repress anything contrary to its teachings. Particularly, at this time, we might as well mention the dominant issue of Islamic fundamentalism that fuels terrorism. Whatever political system is adopted and whatever the view of the majority of people with regards to their rights and obligations towards others, there will always be fundamentalists, radicals, extremists, zealots and revolutionaries in just the same way as there will always be murderers, rapists, thieves and fraudsters. Many of these will, from any common standard, be lunatics, nutcases or simply deluded fools. Left to their own devices, as they would be in a libertarian world, these people would simply be a bare minority of loners who are unable to spread their views, with any violent attempt to accomplish their aims simply being classified as criminal behaviour like any other. The only reason that Islamic religious extremists who encourage terrorism and violence gain any traction whatsoever is because the foreign policy of the United States and its allies pours fuel onto the fire of what they are saying. The behaviour of Western governments – bombing civilians, invading sovereign countries, spreading a secular democracy – lends plausibility to religious extremism as both an explanation of and a solution for a very real and unwanted foreign incursion. With State power eliminated in a libertarian world, this problem would not exist and such religious extremism would be without a vehicle for motivation.

Conclusion

Summing up everything we have said, libertarianism, thinly conceived, is necessary to form the foundation of wider moral theory. Libertarianism is, therefore, not “thick”. Libertarians, themselves, however, must, in their capacity as human beings have a “thick” moral outlook, that outlook not being a part of libertarianism per se but built upon its firm foundations of self-ownership and private property and seeking to strengthen those foundations through non-violent enforcement. We can, though, speculate that a certain moral order may unfold in a society based upon self-ownership and private property if free individuals choose to expand their material well-being and widen the division of labour. That order is likely to emphasise roughly “conservative” values and while it is not possible to say whether religion is encouraged or discouraged by such an order we can conclude that it is likely to occupy a prominent place.

1Moral considerations may, of course, arise out of concerns for the welfare of the matter – for example, whether the act of a human being may legitimately cause an animal (a non-actor) pain and suffering. But such considerations only concern whether it is good for the human to be the initiator of the animal’s experience of pain and do not create any reciprocal moral rights in the animal.

2Llewellyn H Rockwell Jr., The Future of Libertarianism, lewrockwell.com, May 1st 2014.

3Walter Block identifies a number of prominent libertarians who draw either right wing or left wing conclusions from libertarian foundations. See Walter Block, Libertarianism is unique; it belongs neither to the right nor the left: a critique of the views of Long, Holcombe, and Baden on the left, Hoppe, Feser and Paul on the right” Journal of Libertarian Studies; Vol. 22: 127–70.

4Those who hark back to the pre-industrial era seem to assume that this is how blissful and care-free life used to be, overlooking the fact that the need to provide enough food alone necessitated back breaking amounts of work.

The Limits of Libertarianism

1 Comment

A distinct disadvantage of advocating a libertarian society as opposed to some sort of collective is that libertarians seldom win the emotional battle when pitted against competing ideologies. Democratic socialists and redistributionists can effectively wear their bleeding hearts on their sleeves, forever waxing lyrical about their concern for the poor, the sick, the elderly, and which ever other group appears to be in need of pitiful platitudes at this particular time. Libertarians, on the other hand, in calling for the right of every person to own his/her income, appear to advocate nothing more than greed and selfishness, the slippery slope to the disintegration of society as we each ferret ourselves away in an increasingly atomised existence.

This is a misunderstanding that is common not only among the opponents of libertarianism but also among libertarians themselves and it is high time that the latter stood up for themselves and realised how to counter these straw man attacks. Libertarianism is not and never has pretended to be a complete philosophy of how a given person should live his or her life. It is only states that each person should be given the freedom to choose what he does with his person or property. It does not mean that because an individual should have such a choice that he should keep his person and property for himself. One of the options is that he could, for example, give some of his money to the poor. It is, therefore, quite open to and consistent for the libertarian to state that a person should do X, Y or Z but that such a person should not be forced to do so. Simply because a person cannot be forced to do something does not mean that libertarians do not, individually, believe that people are subject to other moral obligations; it’s just that libertarianism itself stops short of discussing them. So as long as these obligations are not violently enforced then they are compatible with libertarianism, but do not form part of it.

Collectivism, however, is markedly different. For when collectives posit a certain forced redistribution of wealth and income amongst society this is usually based on an all-encompassing moral and political theory. So, for example, a collectivist might state not only that a person should donate a portion of his income to the poor but that also he should be forced to do so. It is this aspect that makes collectivists look more “caring” and “sensitive” to the needy – the fact that they are prepared to “enforce” their moral outlook seems to show they mean business. Libertarians, in contrast, come across as cold and uncaring, relying only on a vaguely defined notion of voluntary charity to take care of society’s ills.

There are three possible ways in which this may be countered. The first is to admit that libertarians are somewhat guilty of contributing to this view as few have developed an additional moral philosophy on top of their libertarian beliefs (although we can perhaps excuse ourselves given that the weight of government violence and intervention in today’s world is more than enough to be getting on with). But we must either turn our attention to developing our own, private, moral philosophies on which our passion for liberty forms the core, or, at the very least, we must be prepared to acknowledge the problem and explain the compatibility of any moral philosophy with libertarianism as long as it permits the individual to choose.

Secondly, contrary to popular opinion, the history of ideas has seldom been one of “liberty” vs. “collectivism”; rather it has been that of one version of collectivism versus another. As Mises pointed out, everyone has their own idea as to how they think goods and resources should be distributed throughout society: “In the eyes of Stalin, the Mensheviks and the Trotskyites are not socialists but traitors, and vice versa. The Marxians call the Nazis supporters of capitalism; the Nazis call the Marxians suporters of Jewish capital. If a man says socialism, or planning, he always has in view his own brand of socialism, his own plan. This planning does not in fact mean preparedness to coöperate peacefully. It means conflict”. (Omnipotent Government, p. 253). By pointing out this fact libertarians can demonstrate how, in a free world, everyone can pursue, in harmony, the ends that he believes are morally right with his own person and property, whereas to do so violently would just mean endless conflict with everyone else who happens not to share your view.

Thirdly, if a collectivist claims to care about the needy in society then we are entitled to ask why he favours a system that is almost guaranteed to make them worse off and why they oppose the very system – capitalism and freedom – that has been responsible for the most enormous increase in the standard of living in the whole of human history. Poverty is the state of nature of humans in the world; it is their ingenuity that has flourished through freedom that has allowed them to harness the powers of nature and increase the amount of wealth and satisfaction that we gain from them. If we compare the condition of human existence in 1800 (where 85% of the world’s population was living on $1 a day) to that of today (down to 20%) then we can see that freedom has been exceedingly good to the poor. Perhaps smart libertarians, accused of ignoring the plight of the needy, should raise this point and query whether, in fact, it is their ideological opponents who are really the ones who don’t care?

View the video version of this post.

The Scope of Moral Enquiry Part Three – The Ethics of Non-violence

1 Comment

In parts one and two of this three part series we outlined the necessary conditions for morality to arise in the universe. We then proceeded to demonstrate how, in answer to conflicts that emerge from a condition of scarcity of means, morality, by the operation of logic, entails that each individual moral agent owns himself and can therefore be said to have self-ownership and the ownership of goods of which that person is the first user-occupier. From these rights we derive the non-aggression principle (NAP).

This third part of the series will explore the morality of non-violence. We will first consider the area of defence and enforcement which is the primary area that separates the NAP from other moral norms. We will then examine the widest implications of the NAP and demonstrate its ultimate justification, showing why some common objections to the NAP are groundless. We will then, in this light, examine the place of other moral norms and moral theories, concluding that these can only ever take effect non-violently. We will also suggest some non-violent remedies to situations which an individual may judge the behaviour of another to be immoral in spite of not violating the NAP. Finally we will speculate upon the content of non-violent norms that may emerge in a world in which the NAP is adhered to.

Defence and Enforcement

The crucial aspect of the NAP is that actions which violate it may themselves be repelled violently, i.e. physical defence may be used in order to enforce the NAP and to repel violent attack. We will demonstrate here why this is so and why such enforcement cannot be used for action that does not violate the NAP. We will not proceed with en elongated discussion of punishment, proportionality and nor also will we attempt to tortuously define defensive violence as somehow being “non-violent” or “reactionary violence” as opposed to “initiatory violence”. Rather, we must call a spade a spade and recognise defence for what it is – the initiation of the violent enforcement of one’s right to self-ownership, an act which does invade the self-ownership of the another person.

We will therefore confine ourselves to the simplest answer that if A attacks B, violating the latter’s right to self-ownership, then A has no grounds on which to demand that his own self-ownership be respected. For if he denies self-ownership to B then on what grounds can he reserve it for himself? In part two we noted how A cannot preserve self-ownership for himself and deny it to B; exactly the same principle is in operation here. A’s demonstrates through his act of violating B’s body that self-ownership does not exist. B may therefore repel A violently in order to assert his self-ownership without contradicting his claim to this right. It should be clear that B’s action can extend only so far as is necessary for enforcing his self-ownership. For if he proceeds beyond this point then he does so to a level where he is forcing A to meet B’s ends. For example, if A crosses the boundary of B’s property to punch him B can fight back to the point at which A is no longer violating B’s self-ownership. So if A is successfully returned to the confines of his own property, B cannot then proceed to grab a meat cleaver and run onto A’s property, chase him off that property and claim it for his own. B will likely, of course, assess the future threat from A as being heightened as a result of this experience and he is perfectly entitled to prepare additional defence mechanisms on his own property such as fences, locks or a security guard in addition to other non-violent remedies with which we shall deal below. It follows also that where A’s action is entirely non-violent and does not invade B in any way then A has given no denouncement to the right of self-ownership. B, therefore, has no right to violently cause A to do anything else.

We might also add that, as we explored in part two, a person who desires ownership of a good does so because he wishes to combine it with his labour to produce an end that is more valuable than the end that existed before. If he does not wish to carry out such a physical act then he simply regards the good as non-valuable and hence will make no claim of ownership. In other words, the concept of ownership is bound up integrally with physical occupation of the property. Any theory of ownership that did not grant a right to the owner the ability to sustain this physical occupation would be nonsensical.

The Character of Morality and the Ultimate Justification of Non-Violence

What has therefore been demonstrated thus far is that no person may violate the NAP and that such violations may be repelled physically by the violated party. This is a truth that is universal to all acting agents everywhere and anywhere (even, as we shall see below, in so-called “hard cases” or “lifeboat” situations).

In spite of the prolific nature of this truth it is, however, extremely important to realise its limitations. For while the NAP condemns all action that invades another individual’s person or property it does not, on the other hand, condone or morally sanctify all action that does not cause such a violation. Individuals have varying ends that they seek to meet and it does not follow simply that all action that is peaceful and voluntary should necessarily be tolerated, liked, welcomed, or embraced by anyone else. Indeed the NAP does not even say that all appropriation of previously ownerless matter is a good thing; it only says that it is not morally permissible to repel such action by the use of violence. These aspects we shall now explore in more detail by reference to a crucial element of morality – that it is a conflict solver between thinking, choosing and desiring beings. What will be demonstrated is that any moral theory that advocates violence completely obliterates this aspect and, hence, cannot properly be considered a moral theory at all.

We stated in part one that morality arises to resolve conflicts that emerge from a world of scarcity. For a human being to act, to express his choices motivated by his desires through action, is to discard lesser valued ends and to embrace more highly valued ends as a result of the scarcity of means. If we imagine a world without conflict between human beings then this entails each human being to feel the pain of intra-personal scarcity but not of interpersonal scarcity. Each human would use his own body and divest the goods which he came across as the first user-occupier from the ends which that human least desired to those that he desired more highly. But each human would do this in isolation – there would be no covetousness of other people’s bodies and the goods that other people have appropriated. Consequently, there would be no such thing as morality nor would its derivatives of rights and ownership arise as they would, in such a world, be utterly meaningless. Everyone would be a “self-owner” in a de facto sense but the concept would not be even considered de jure, its prescription serving no purpose at all1. Interpersonally, however, every human being has a choice as to how to behave in relation to the body or good of another – he can either not make another person’s body or good the object of his action, or he can make it the object of his action. There is no alternative. Or, to put it another way, a person must always act in relation to an object that another person deems himself to have appropriated or he must act in relation to matter that no other person deems himself to have appropriated2. Let us proceed to examine each of these two possibilities in detail.

If a person, A, chooses not to act in relation to a good that someone else, B, has first used or occupied then what can be deduced from such a choice? We could just stop short at saying, in a strict, praxeological sense, that A does not value this good. He does not care whether it is in its current state under B’s custody or in a different state and delivering a different end in his as there is no demonstrated preference through which to determine the contrary3 4. However, there is one more important aspect as well – that A has allowed B to retain full control of his actions, that is for the latter to bring his desires motivated by choices brought about by the necessity of scarcity into being through concrete action. We said in part one that the only agent that has moral responsibility and can therefore be said to behave either morally or immorally is one that possesses choice over its actions. Hence A, by not submitting B to violence and by not forcing the latter to do what A wants to do, permits B to retain the character of a moral agent. B remains morally responsible for his actions and such actions can, therefore, be examined through a moral lens. It therefore remains possible for A to criticise B’s action in regards to the latter’s person or property as being “immoral”, stating that B should have devoted the means that he owns to an end that A values more highly but B does not. This may be as simple as something as A having the opinion that B has too much money and should give some of it away to the poor. If B, free from violence and coercion, chooses not to so give then we can say that he has behaved either morally or immorally. We may conclude that he is selfish and evil, as A might, or that the alternative end to which he actually devoted the money was more morally justified than giving it to the poor. Alternatively B might, having been persuaded by A’s opinion, decide that yes, he should give some of his money to the poor and he proceeds to do this. What does this reveal? Once again, through voluntarily acting to set aside alternative ends to which the money could have been devoted, B expresses his highest preference, his most valuable outcome, to be that the poor should have his money. Any conflict over scarcity continues to be resolved as the highest ends of all parties expressed through action are in harmony. But also, as we are trying to stress here, because B has chosen this action, because it has not been enforced violently and he has not been made to do it, we can say that B behaved morally (or immorally if we think that there was a higher end to which his means could have been devoted).

What, however, happens in the latter situation, that is, where A chooses to act in relation to a good that B owns? Things are now markedly different. He acts because he values the good, he demonstrates through action that he wishes to devote it to an end that he, A, believes is more desirable than the end in which it is currently employed. But the problem is that B has also made the good the object of his action and he desires it to be in its current state (i.e. the state into which his (B’s) action put it) rather than the end to which A wishes to divert the good. The action of A is, therefore, the cause of what is now an interpersonal conflict of scarcity, a conflict manifest in the physical clash as both humans attempt to occupy the same piece of matter. In short, A behaves violently towards B. Let us say again that A wrestles from B money that the latter has and gives it to the poor. As A has not, in this situation, yielded to B’s self-ownership and B is not able to express his choice through action, B does not value A’s end of giving the money to the poor more highly than some other end. The result therefore is that the conflict isn’t resolved at all; rather it is actively provoked and sustained, the winner of the contest simply being who is the physically stronger. To state that it is “moral” for A to enforce “morality” – i.e. resolve a conflict over scarcity – of diverting money to the poor by a method – violence – that promotes conflict is an absurdity. For if B had desired to give his money to the poor then he would have done it voluntarily; there would have been no need for A to interject with force. The fact that force is used indicates that there is no resolution to conflicts at all – in B’s mind he would still prefer that he had his own money and so the highest valued ends of all parties are still disjointed. But there is an additional crucial aspect as well. For where B voluntarily gives or refuses to give money to the poor we can examine his action through a moral lens because he chose that action. But where he has not chosen an action – where he has been the victim of violence – then we cannot examine his action at all. In no way can we say that B, having had his money taken by A to be given to the poor, behaved morally, for he didn’t “behave” at all. He simply had to do what A told him to do and he had no choice in the matter. To subject someone to violence is, therefore, not to get them to behave morally; rather it is to completely deny them moral agency. People are treated no better than inanimate objects, like stones or water, subject to the laws of physics and the force initiated upon them by other people. Stating that B behaved morally when his money is taken to be given to the poor is to say that a knife behaves immorally when a person uses it to stab someone else, or that an apple behaves morally when someone gives it to me to eat. Indeed, to state that B behaves morally in this situation would require us to ascribe moral agency to every single inanimate object that happened to move. The only morality that can be questioned in such a case, therefore, is of A’s action not of B’s, and whether A is morally justified in using, forcibly, B’s person and property for ends that A deems as moral and proper and B does not5.

More emphatically, however, any moral theory that justifies the use of violence is not really a theory of moral behaviour at all – it is a theory of who should and who should not be a moral agent, of who should and who should be allowed to express their choices motivated by actions through desires and who should be relegated to the level of mere dead and unconscious matter. But to do this is to destroy the very reason for morality in the first place. As we explained in part one morality only arises in the universe because each of A and B are choosing, desiring, thinking, beings. If one of those two is demoted to the position of an inanimate object then there is no moral theory to speak of at all – either of the two that was the acting being would not be bound by interpersonal moral prescription because the other is simply not a person. In other words, to advocate that one is a moral agent and another is not means that one does not have to behave morally at all – another person can simply be used as ends for one’s own desires and purposes6. A person does not sit and talk to a potato explaining how it is moral and just for it to be eaten by that same person, nor does one try to rationally explain to one’s bed that it is good and proper for it to be slept in. So why does anyone who advocates violence bother to flesh out a moral theory in the first place? If other people are simply there to be used for the ends that you think are moral what is the point of reasoning this? To whom are you addressing your theory?

It might be objected that, rather than prescribing a blanket denial of a person’s moral agency, a moral theory will only specify certain situations in which that person may be subject to the violence of another; in other words a person can retain moral agency except in particular scenarios, some of which may have to be judged according to the facts. There are two problems with this. First, we are entitled to ask “what is the specific method for such adjudication of ‘the facts’ that will cause one party to retain moral agency and another to not do so and why is this method justified?” Secondly, the only reason why a moral theory would hold that a person is to be subjected to violence in one circumstance and not in another is because in the latter situation the person’s action is in accordance with the moral theory. It is still the case that the moral theory has attempted to prescribe my ends for me – just because I happen to agree with these ends and therefore proceed to do them voluntarily does not change the total infringement of my moral agency.

There are several crucial aspects, therefore, what we can summarise about the use of violence to enforce morality:

  • That an absence of violent actions means that each person’s highest end is met with the scarce means available to him; there is, therefore, no conflict of ends in a strict, praxeological sense;
  • To act in violation of the NAP does not resolve conflict; it simply enforces one person’s end on another person; the conflict is sustained and promoted, not resolved;
  • To subject someone to force is to deny them moral agency; in no way can the action of the violated party be subject to moral scrutiny;
  • That if one is to promote a theory of morality which states that morals can be enforced violently and hence deny moral agency then one has to explain why they need such a theory if the objects of their action are no better than dead, unconscious matter.

Government Action, Violent Enforcement of Morals and Common Objections to the NAP

In this light we must, therefore, proceed to examine all situations in which it is claimed that “morality” can be enforced violently. The prime subject of this examination is, of course, not the situation where A wants to take the property of B, but of all Government action. For while it is generally acknowledged that one person cannot simply take what another has or commit violence against another person, the mechanism of Government is still deemed to be the legitimate channel through which ends can be enforced violently (even though very few people recognise explicitly that violence is the necessary means of Government action).

Let us start with a simple, historical moral good – let’s say that a King believes that is a morally good thing for a subject to give a portion of his income to the King’s treasury so that the King can build a shrine such as a temple, church or pyramid. Or, to state the same more emphatically, the King believes that a subject should give some of his income to fund the shrine. He believes this because there is a scarcity of the means of achieving this end of building the shrine, in this case, money. If a subject gives his money voluntarily, with neither the application nor the threat of force, then what can be said about this? First, the subject, through such an action, demonstrates that the King having his income to build the shrine is the highest valued end to him. His action is therefore in harmony with the morals of the King and there is no conflict over the means that are the object of his action. But also, because he has chosen this course of action it can be said that he behaved morally – he exercised a choice over ends that was necessitated by the scarcity of means and this can be said to form an accord with the King’s moral proposition. But what if the subject does not wish to give a portion of his income to fund the King’s shrine and does not do so? The King might therefore say that he should force the subject to give up some of his wealth and the King, in turn, would spend it on constructing the shrine. But the result of this is entirely different. For now, the ends of all parties – the King and his subject – are not in harmony. The subject, deprived of his money, still does not want it to be given to the King. He may passively accept the outcome and realise that resistance is futile when faced with the sharp end of a sword; but it cannot be said that the conflict is resolved; if it had been then the subject would have acted voluntarily to give the money to the King. Indeed, he might actually be bitter and contemptuous and correspondingly less generous with his later, voluntary action. Indeed the subject may attempt to squirrel his funds away where they can’t be noticed and taken in the future, or his operations may vanish entirely underground if the confiscation becomes particularly onerous. More importantly, however, by inflicting force upon the subject the King cannot say that his subject behaved morally at all. The latter had no choice in the action of his money being transferred from him to the King and hence we cannot scrutinise such an action in relation to him. He was merely a tool, subject to the force that was applied to him; he displayed neither virtue nor vice, good nor evil, and can attract neither congratulation nor condemnation. But also, as the result of treating this man has rendered inert his moral agency, the relationship between him and the King is not one of a desiring, choosing, acting human being to another such human being; it is that of a piece of dead matter to a human, the King. But if this is so then there is no need for a moral theory at all as far as it concerns the subject. Why bother to construct a moral theory if this man is not a moral agent? If the man was a piece of dead matter, say an apple, and the King regarded it as good that he should eat the apple then the King would not construct a moral theory to say that the apple should “give itself” to him; the unconscious objects of one’s action are not subject to moral examination. The King will, of course, wrangle in his own mind as to whether he should devote the scarce resources at his disposal to acquiring the apple or to doing something else. But just as we said in part one there is no interpersonal moral consideration for his actions. There is nothing outside of himself and his own desires, choices and ends that tell him whether he should behave one way or the other because there is nothing outside of himself to instruct him so. For the King to subject another person to violence to achieve his ends is precisely to replicate this kind of relationship, that of human being to dead matter and hence the King’s attempts to justify his actions by reference to interpersonal morality are simply ridiculous. The end result, it should be clear, is that the King has simply substituted his own ends for those of his subject’s.

Let us now move on to a more contemporary example – that it is a moral good for the rich to help the poor, i.e. that a rich person should give some of his income to the poor. If the rich person does this voluntarily then he demonstrates that the poor having a portion of his income is the highest valued end to him. His action is therefore in harmony with the moral advocates and there is no conflict over the means that are the object of his action. But also, because he has chosen this it can be said that he behaved morally – he exercised a choice over ends that was necessitated by the scarcity of means and this can be said to form an accord with the moral proposition. But what if the rich person does not wish to give a portion of his income to the poor and does not do so? Our moral advocates therefore state that government should force him to give up some of his wealth and the government, in turn, gives it to the poor. But now, just as when the King forces his subject to give him a tribute to build a shrine, the ends of all parties are not in harmony. The rich man, deprived of his money, still does not want it to be given to the poor. Once again, just like the subject under the thumb of the King, the rich man may passively accept the outcome and realise that resistance is futile but it cannot be said that the conflict is resolved; if it had been he would have acted voluntarily to give the money to the poor. And, same again, he might actually be bitter and contemptuous and correspondingly less generous with his later, voluntary action. Whereas before he might have been persuaded to regard the genuine poor and needy as deserving and worthy of his attention, he might now, having been subjected to force, regard them as workshy layabouts. But again the more important consideration is that by subjecting the rich man to force we cannot say that he behaved morally. He had no choice in the action of his money being transferred from him to the poor and hence we cannot scrutinise such an action in relation to him. We can neither thank him nor criticise him for what he did because he didn’t actually do anything – he was simply made to hand over his money. And once again as the result of treating this man in such a way has rendered inert his moral agency, the relationship between him and the Government is not one of a desiring, choosing, acting human being to another such human being; it is simply that of a piece of dead matter to a human. And once again, no moral theory can arise from such a situation. Questions of morality can only arise from interpersonal conflicts of scarcity; but to treat someone like a non-person renders void and unnecessary these questions. The Government may justify its actions in its own mind just as any person might justify picking an apple off a tree to feed oneself. But there is no interpersonal, moral justification for these actions. If the apple had thoughts and feeling and desired to remain on the tree rather than be eaten we would say that the person, in plucking it from the tree and consuming it, has substituted his ends for those of the apple. This is precisely what the Government – or anyone – does when it violently wrestles money from another person.

It is in this light that we can comment on so-called “consequentialist” arguments against the NAP – that a strict adherence to the NAP could result in a worse set of consequences than a minor infringement. But the precise problem of morality is whose consequences should prevail – the only reason it arises is because one person wants to devote means to one set of ends and another person wishes to devote them to another set of ends. Any such measurement of “better” or “worse” ends is simply arbitrary as we cannot make interpersonal utility comparisons – we cannot say that one person values his ends “more” than another person values his own ends. But even if we could and we could say that one party values his ends less than another person does and the means to achieve them are wrestled from him, this would still be a loss to him that is not offset by any compensating gain to him. In his mind he loses outright – why should a “larger” gain to one, independent being justify violence that results in a “smaller” loss to another?

Indeed it is interesting to note that violence is universally (albeit only officially) condemned as immoral. Apart from the objective justification we offered for the NAP in part two, perhaps this is precisely because it is unconsciously realised that it reduces other human beings to mere unconscious objects. Other morals, however, are not so universal. One of the most interesting aspects of the history of ideology is that it is seldom one of “individualism” or “liberty” vs “collectivism”, but rather a history of one version of enforced collectivism versus another. Liberty always means the freedom of the individual to act how he chooses, whatever the substance of his choices may be and whatever the time and place. There are not different “versions” of liberty and any disagreements between libertarians, minarchists, anarchists, agorists, voluntaryists, etc. are generally theoretical debates over that which is an affront to liberty rather than over liberty per se7. However, when people advocate any form of violently enforced collective what they always mean is their version of the collective – that is how they want everybody else to behave, how they want to use everyone else and the product of everyone else’s labour for their ends8. But questions of “morality” arise precisely because people do not view the ends of others as being in harmony with their own. For if everyone believed in the supremacy of the Pope, or that the King’s bidding should be done, or in the führer prinzip, there would be no conflict over the scarcity of means. Everyone would willingly obey not because he was forced to abide by the rules of the collective but because he wanted to. Everyone’s highest valued ends would be in harmony with that of the collective and morality would serve no purpose in such a world as everyone would devote the scarce means available to the same ends, that of the collective. But because people do not value the ends of collective, because they have conflicting ends over which scarce means must be devoted, the moral dimension arises. To feel the need to justify ones version of collectivism morally is precisely because people do not agree with this version. To state that this version of collectivism should be enforced violently is simply to override everyone’s else’s ends and replace them with one’s own. This fact is not restricted to ancient battles between warring monarchs or religious sects; the very reason why we still persist with elections and debates is because the ends to which we should devote the scarce means available are not universally agreed upon. Majoritarianism is deemed to legitimate violent enforcement of ends, that is, that only the minority are treated as unconscious objects for the good of the majority. But the logic of all violently enforced collectivism is that one person, a king, president, emperor, sovereign, visionary or religious leader retains moral agency but everyone else is reduced to the level of unconscious matter. No two individuals will ever agree absolutely on every single issue unless they , quite literally, share the same mind and in every case, therefore, one person’s will must triumph over another. Democracy has simply the blurred the personalities at the top by making them interchangeable and endowing them with a veneer of legitimacy resulting from elections and constitutional arrangements such as the so-called “separation of powers”9.

This fact – that the violent enforcement of “morality” is simply substituting one person’s ends for another’s, preserving the moral agency of the violator and reducing the violated to the level of mere dead matter – must be applied not only to typical situations such as taxation and redistribution but also to seemingly “hard” cases or what are often called “lifeboat” situations. Indeed, a not uncommon response to the NAP is to demonstrate how its strict observance may lead to results that would be “worse” than the results that would follow from a comparatively “mild” contravention. A typical example is if one is faced with a choice of saving a greater number of lives at the expense of killing one innocent person. Surely it is better to kill one person than to allow so many innocents to die? The present author has dealt with this scenario in detail here but the main problem with this is the objective measurement of what is a “good” or “more desirable” outcome. Why should, in this case, the needs of more people trump that of one person? How can their desire to live be compared to his? What if they are all suicidal depressants whereas the one person has a great zest for life? Or what if they are all delinquent and unproductive layabouts whereas the individual innocent is a great pioneer and entrepreneur? Of what if the majority are evil dictators? Can we say in all of these cases that the majority should be favoured? But even if we could so measure, even if we could say that yes, these five people who will be saved want to live more than the single person wants to, the loss of the latter’s life is still a loss to him that is not offset by any compensating gain to him. Why should a “smaller” loss to him be trumped by a “larger” gain to others?

All of these difficult situations (such as a starving person taking some food that belongs to another person, the killing of innocents to eradicate or apprehend an assailant (colloquially known as “collateral damage”), or the forcing of a person to help a drowning child) have as a common feature the fact that one person or set of persons has a desire or a need that is met by the confiscation of the person or property of another10. Aside from the economic effects of granting rights to violate the NAP in such situations11, we must emphasise again that the problem with all objections to the NAP resting on consequentiality – the avoidance of bad consequences – is that morality is concerned with precisely whose consequences should take higher priority. Indeed all of these types of scenario tend focus on the apparent needs of the hungry, sick or drowning party and totally ignore the ends of the party who possesses the means. Why are his ends any more or less important than someone else’s? A mere assertion that is moral for one set of consequences to trump the other simply begs the question. But even if it is not possible to determine objectively which consequences are “better” by pondering hypothetical situations then is there an objectively identifiable method for determining which consequences should trump others in real situations? We’ve already explained that interpersonal utility comparisons cannot be made and that even if they could one still has to explain why a “small” loss to one is less important than a “larger” gain to another. If no such method exists then we must conclude that all infringements of the NAP are simply determined arbitrarily and are simply tantamount to one party being able – by force – to impose his ends on another party.

Indeed, there is a distinct emotional appeal about all such “lifeboat” situations – not only are they worded in such a way as to generate an emotional and empathetic response to the drowning baby, the starving child, or the sick old man, but interwoven is the widely held moral conviction that one should act to help one’s fellow human being. No doubt it is of a distinct advantage to the human race that we each possess the emotions of sympathy and empathy that urge us towards helping others, that we form emotive bonds of friendship and relationship that drive us towards selflessness rather than just trading under the division of labour and impassively procreating. But it does not follow from these things, however beneficial they may be, that people are endowed with violently enforceable rights and obligations to be helped, or to be sympathised with, or anything else. And even if we were to force a person to be the Good Samaritan we must conclude, in light of our analysis above, that this does not mean that he has behaved “morally” at all; for by being forced to help someone else he loses the character of a moral agent. One can only conclude that someone has behaved “morally” if he has chosen his action, otherwise he has simply been no different from a piece of unconscious matter.

The Non-Violent Enforcement of Morals

The foregoing analysis – stating that, even in the event of “lifeboat” situations, the NAP should not be violated – needs to be approached and understood with extreme caution. In the event that, for example, a person witnesses a drowning a child and he refuses to help that child, the fact that the NAP states that that individual cannot be forced to help that child does mean that it is a good thing that he does not help the child. Alternatively, if a person has mountains of food and a starving beggar on the verge of death appears at his door and is refused any food, we are not saying that such a refusal is a good thing. It is perfectly consistent to say that a person should do action X but should not be forced to so. And indeed, as we keep on stating, we can only say that such a person behaved morally or immorally as a result of his voluntary choice to do or refuse to do action X.

The confusion that is endemic through moral philosophy is the shared language of rights and obligations that flow from moral theories. There are two cardinal errors to which this leads. First, that it is almost always assumed that the possessor of a “right” can violently enforce that “right” against the person who holds the “obligation” should the latter refuse to do so voluntarily. But it does not follow simply from the fact that a moral theory posits that a person should or should not do something that such an act is violently enforceable. Indeed, as we pointed out above, there is simply no point to a moral theory if it results in violence as this simply eradicates the reason – the other party’s moral agency – for questions of morality to arise12. This language of rights and obligations posits an end state of the world – that if we say the poor have a right to a portion of the income of the rich and the poor then attain this money, there is no further moral advocacy as to what the poor should do with this money having received it (should they also give it away, for example?). A right loses its substance if it is not final or absolute. This leads to the second error which is that because a libertarian, or some other adherent of the NAP, states that a person has the “right” to the ownership of his own body and those goods of which he is the first user (or the first user’s successor in title to the goods through voluntary exchange), people assume from this language of rights and obligations that a libertarian believes that not only should the first user of a good have title of ownership to them but that also he should keep them for himself. This could not be more untrue. The whole point of granting someone ownership over goods is that they are free to dispose of them as they wish and this could include donating them to the poor. The key point that we are trying to explain in this essay it that is quite open to moral theories to posit that people have “rights” and “obligations” to do whatever with their property – all that libertarianism and adherence to the NAP states is that these moral actions must be voluntary and not enforced violently. Within that sphere of violence anyone is most welcome to develop any moral theory they wish and to make it as persuasive and endemic as he pleases. He just cannot force people to adhere to the ends of his moral prescription13.

Therefore, any moral theory that talks of rights and obligations that breach the NAP is not only invalid but rather, it is no moral theory at all. Moral theories can only arise between thinking, acting and choosing beings and to deny a person these qualities through violence is to render inert the need for a moral theory. All language of rights and obligations must be adhered to and enforced not through violent means but through non-violent means.

Does this understanding, then, run us into a brick wall – that if someone can be said to have a moral right or a moral obligation and if these cannot be enforced violently, then aren’t they useless? What is the point of having a right if you can’t make he who has the obligation fulfil the substance of that right? Not at all, for there is no prescription at all in the NAP against using non-violent enforcement, enforcement that preserves the moral agency of another individual. In other words, to influence another’s behaviour by exercising one’s right to self-ownership and to ownership of the property that one possesses in accordance with the NAP14. For example, as we have been indicating throughout, oral persuasion and conversation is one of the simplest of these methods – that you can bring a person round to believing that he should act in accordance with the ends that you believe to be moral. In short, he comes to value the same ends as you with the scarce means at his disposal. Only then, as we elaborated above, can we judge his behaviour as being moral or immoral. Another example may be of the “lifeboat” variety – suppose that an individual, A, witnesses another person, B, walking idly by a drowning child of whom B is aware; B does nothing to help and the child drowns. A may use his empathetic understanding of the situation to judge the child’s need of B’s means to help as being more pressing than B’s needs and that, consequently, B should have helped. A does not have the right to force B to act; there is no standard of proof that permits him to force, violently, his interpretation of the situation upon B. But A can, however, act in accordance with the NAP as a result of B’s behaviour. He might boycott B and refuse association with him; secondly, he might publicise B’s deliberate inaction so that other people may decide to refuse to associate with him. Such action does not rob B of anything that he values as such, but it does narrow the scope of his potential future action if people refuse to trade with him. Indeed, threats by A of such non-violent actions may cause B to help the child to avoid their consequences. Of course, other people, say C, D and E, may judge the situation differently and conclude that B could not have helped the child or there was indeed a more pressing end that B had to devote his means to as opposed to the end of saving the child, however tragic the latter situation might have been. Under these circumstances C, D and E might be perfectly happy to continue association with D or may publicly congratulate him for his choice. Non-violent enforcement of one’s moral beliefs therefore permits an individual to express his own values, to divert his means to the highest valued ends as he appraises them without forcing others to adhere to them. Hence, other are given the opportunity to voluntarily act in accordance with your values, but they may disagree. Only by acting non-violently is it possible for everyone’s values to express themselves, for the scarce means available to be devoted to their highest valued ends, without conflict.

Conversely, while, in accordance with the NAP, another person cannot force you to adhere to his moral sentiments, it does not follow that this person should, in turn, be forced to celebrate or condone your moral choices with his own person and property. If A is homosexual and B believes homosexuality to be immoral then B is not entitled to violently force A to refrain from homosexual acts. A is entitled to remain unmolested and free to use his property and person as he sees fit. But it does not mean that A can force B to associate with him in spite of his homosexuality. B has to tolerate the existence of A’s homosexuality but B cannot be forced to use his own property and person to further the ends of A’s homosexual lifestyle. So if (to take an example of a real conflict) B is a Christian guest house owner and A wishes to stay at B’s guest house with his same-sex partner, then B is quite within his rights to turn A and his partner away. B’s beliefs may be bigoted and ignorant, but he cannot be forced to adhere to the alternative. The guest house is B’s property and he is, by virtue of his position as the first owner or his voluntary successor in title, permitted to dispose of that property as he sees fit. If A could force a relationship of trade upon B, i.e. force an association, then that is tantamount to the enslavement of B for A’s ends15.

Might it be objected that, in certain cases, there is too much of a fine line between aggression and non-aggression? While a case of a man punching another in the face is clearly an act of aggression (unless the act was one of self-defence) and merely quietly telling him to go away is not, are there not at least some difficult cases where we cannot tell whether the act is aggressive or not? Talking to a person is not aggressive but would blasting loud music at his property from your own property not be so? Both amount to the same thing – the initiation of sound waves from one person’s property to another. Yet it would be difficult to suggest that the former case was an act of aggression and to argue the opposite. What is the cut-off point? Is there a certain measure of sound waves one side of which may be said to be aggressive and the other side of which may be said to non-aggressive? This is an issue that will be dealt with in a later essay on a libertarian legal system. Suffice it to say for the moment, however, that it is important not to confuse the validity of a principle with the determination of whether such a principle should be applied according to the facts. To take another example, we can assert that, in accordance with the non-aggression principle, that a valid contract is one where the parties each voluntarily agree to transfer title to property. This voluntary arrangement is entirely in their heads – only they know whether or not they actually intend to transfer title. Yet the resulting rights to the transferred property need to be publically agreed and acknowledged, for not only do people need to know whether a piece is property is in fact owned they also need to know by whom it is owned if they too wish to make an offer of trade at a later time16. It is not, therefore, enough that two parties to a contract intended within their own minds to exchange titles to property; rather they must have held themselves out as intending to do so. In other words, their actions must demonstrate objectively that they held the intention to transfer. Precisely which actions are necessary to demonstrate this intention will, as will be shown in the later essay on legal systems, be a matter for local custom, convention, and ultimately for competing dispute settlement services such as privately competing arbitrators and courts. Exactly the same will apply in determining precisely where and in which situations the NAP is violated. Remember that morality arises as a result of conflicts that are generated from the fact of scarcity, but this scarcity exists not in the condition of physical matter per se, but in the minds of the acting individuals. One therefore has to look not to the precise and minute arrangements of physical matter down to the atomic level but to the actions of the individuals involved in seeking to use matter to value their ends. Only their actions will reveal if there was in fact a conflict and it would be up for private libertarian legal systems to judge whether, on these facts, there was a violation of the NAP. Complex examples of these types of situation will be examined and explained in the future essay on libertarian legal systems.

The Morals of a Libertarian Society

It is often asserted that a pure free market or, rather, what we would call a society that acts entirely in accordance with the NAP, would engender nothing but selfishness and self-centredness, everyone seeking to maximise his own, personal gain without uttering a thought or care for anyone else. Alternatively, given that libertarians consistently argue for the legalisation of recreational drug use, one might think that we’ll just descend into a race of putrefying pot smokers. It is highly unlikely, however, that these would be the moral creeds that would flourish in a free society. We must recognise, of course, that no one can be violently prevented from doing whatever it is that they want so long as it does not inflict violence against another person or his property. But the institution of private property itself engenders a certain body of moral attitudes that are contrary to selfishness and laziness. In a free society one can only gain wealth by free exchange and one can only participate in free exchange if one is able to serve the needs of consumers. This alone, of course, requires that one benefit one’s fellow human. But it also requires several other qualities – empathy and understanding; patience, prudence and foresight; and the propensity to save and invest rather than consume and waste. Wealth will accumulate to all of those who possess these abilities and hence these are the qualities that will be encouraged. Furthermore, such people who accumulate wealth by serving their fellow humans will be more able to support and raise a family. To the extent that such qualities as we just outlined are genetically inherited then these are precisely the qualities that will be promoted in the human race. And even if they are not then parental guidance is more likely to encourage them than not – how many successful entrepreneurs would be happy to leave the fruits of their life’s work to a lazy, wasteful and selfish child? People are, therefore, most welcome to sit around and smoke pot all day and people may well set up different communities that adhere to values other than those that we just outlined. But we have to wonder from precisely where their resources for doing so will come and such activities will, therefore, remain relatively fringe.

Moreover, without the support of any violently funded social safety net in the event of illness and unemployment, the cultivation of the institutions of kinship, friendship and community becomes much more important to each individual. The free market is forever being criticised for destroying the traditional family and for squirreling away individuals into an increasingly atomised existence. However, these are the effects not of the free market but of the welfare state; for when the Government is there to give you a helping hand when you need it these traditional institutions become less important. Indeed the very operation of the welfare state destroys any personal contact between donor and recipient and no welfare is dependent upon one’s love, trust, respect for the other so these qualities, together with any empathy and sympathy, will simply vanish and, as we noted above, are more likely to be replaced by bitterness and resentment. Finally we might also add that the hitherto most productive and relatively free period of human history – the nineteenth to early twentieth centuries – was the cradle of not only the formal, charitable organisation such as The Salvation Army, the YMCA, the Scout Movement, The Rotary Club, etc. but also of mutual and self-help entities.

In terms of the morals that will be promoted in a free society, therefore, far from advocating selfishness and idleness such a society will prove to be a relatively “conservative” and “charitable” one; conservative not in the sense of preserving the wealth and status of the existing elite or aristocracy but in the particular social morals that are, today, associated with that movement.

Conclusion

What has therefore been revealed in this three-part survey is, specifically, the scope of moral enquiry, an enquiry that can be restricted to only a specific set of circumstances that exist in the universe. To address situations where these circumstances are not present with reference to morality is an error. In summary:

  • Questions of morality arise between beings that choose to devote means through actions towards ends, as a result of an interpersonal conflict generated by the scarcity of means;
  • That each of these beings has the right to self-ownership and the right to the goods of which he is the first user-occupier; these rights are violently enforceable;
  • That a person’s action can only be examined by reference to morality if that action has been chosen voluntarily;
  • That to enforce “moral” ends violently upon another moral agent or his property is not only to replace that agent’s ends for one own ends but to destroy his character as a moral agent; hence, to advocate such action by reference to a moral theory is incongruous and absurd;
  • Consequently, “moral” ends can only be enforced by non-violent methods;
  • That a society that respects the NAP will, while not violently enforcing any moral standards, will most likely nurture the ends of family, friendship, kinship, and relatively “conservative” social morals.

 —

View the video version of this post.

1There would also be no exchange and therefore no division of labour as exchange presupposes one’s right over the objects that are offered in exchange together with the rights of another over the goods that one wishes to acquire.

2We highlighted in part two how this is determined by the minds of the acting individuals. Two people, for example, can each sit on a park bench and the latecomer of the two may, by external observation, appear to appropriate the goods that were occupied by the earlier occupier. However, this may not be the case in the mind of the latter and his ends may be delivered in full by his occupation of only one half of the bench on which he is actually sitting, with the occupation of the other half being inconsequential to him.

3We have already examined in part two how B’s original possession gives rise to no dispute with any other human being as all of the rest of the world have demonstrated, through their absence of action in relation to the good, that it is valueless. B’s original act of appropriation therefore yielded no moral conundrum and there is nothing, short of the intrapersonal conflicts he feels over which ends to pursue with the means available to him, that informed him whether he should appropriate the good or should not.

4Another possibility is that A does value the good and would very much like to have it, except that he doesn’t make it the object of his action as he ranks the value of having the good as lower than the act of resisting the urge to appropriate it from B’s hands. In short, while he would gladly have it, he recognises B’s moral claim to the good resulting from the latter’s self-ownership, from which in turn is derived the NAP. This is not in and of itself a justification for the NAP as it would simply beg the question but it is illustrative of how adherence to the NAP avoids conflicts and physical clashes.

5It should already be clear that the net effect of using force simply allows one person to achieve his ends at the expense of another person, the latter reduced to a mere unconscious, unthinking, inanimate object.

6Furthermore, any theory that permits violence runs into a distinct epistemological problem – how do we know who should be the moral agents and who should not be? Who should be the choosers and doers and who should be no more important than rocks and sticks? But to merely pose this questions is to run into the same problem as posing the question “should I own my own body?” that we examined in part two.

7Minarchists, for example, see a minimal state as being necessary for the preservation of liberty whereas anarchists believe that even a minimal state is anti-libertarian; some schools of left-libertarianism believe that private property is oppressive whereas Rothbardians would hold it as the foundation of freedom.

8As Mises puts it: “The unanimous approval of planning by our contemporaries is only apparent. The supporters of planning disagree with regard to their plans. They agree only in the refutation of the plans brought forward by other people. Many popular fallacies concerning socialism are due to the mis­taken belief that all friends of socialism advocate the same system. On the contrary, every socialist wants his own socialism, not the other fellow’s. He disputes the other socialists’ right to call them­selves socialists. In the eyes of Stalin the Mensheviks and the Trotskyists are not socialists but traitors, and vice versa. The Marxians call the Nazis supporters of capitalism; the Nazis call the Marxians supporters of Jewish capital. If a man says socialism, or planning, he always has in view his own brand of socialism, his own plan. Thus planning does not in fact mean preparedness to coöperate peacefully. It means conflict.” Ludwig von Mises, Omnipotent Government – The Rise of the Total State and Total War, pp 252-3.

9Nevertheless even as we progress further upwards of the food chain in, say, a parliamentary democracy we can see the exclusion of further individuals from the sphere of moral agency until you are left with just the will of a single person or a bare handful of individuals. The populace votes for “representatives” to enforce violence in their “interests” once every four or five years; the representatives with the largest majority in parliament usually form a government but only selected representatives are called upon to serve as ministers of the executive; this selection is normally chosen by the Prime Minister and will be made in line with his appraisal of the candidate’s ability to serve the Prime Minister’s political and legislative ends. Generally speaking, therefore, while he remains in office the Prime Minister will hold most of the power, perhaps also with a handful of the other top ministers.

10In all of these cases it should be added, incidentally, that those who advocate “minor” violations do not usually mean that the party in need should directly take the property he desires but rather that the government will take it and then use it to fulfil the so-called need. The ability of government to do this in the most efficient manner is, of course, an important but separate issue.

11If A is, say, granted the right to the food of B when A is hungry then the benefit to A of producing food himself is lowered while the benefit of being hungry is raised (as it is met with the reward of free food); the benefit of B to producing food is lowered as it will be confiscated from him when someone else needs it. The overall result is more hunger and less food with which to end it.

12We might also point out that there is no end to the number of contradictions in the violent enforcement of moral taboos and vices. Recreational drugs are almost always banned, but tobacco, in spite of repeated Government incursions into the freedom to use them, is not. One is not allowed to drive under the age of seventeen but when it comes to granting sexual consent one only has to be sixteen (and after having had the ability to drive all over the country and having had all manner of depraved sex as he has stamina for a person must still wait a further year until he is eighteen – or a further four years until he is twenty-one – to purchase his first drop of alcohol.

13It will help, then, to further clarify some terminology of rights and obligations in order to resolve conceptual confusion:

Self-ownership         The right to physically control one’s body; violently enforceable;

Ownership               The right to control the physical goods of which a person is the first user, or those goods acquired through voluntary trade; violently enforceable;

Property                 A good in which one has ownership; alternatively, the term is interchangeable with ownership;

Moral Right              The possessor of a moral benefit resulting from a moral theory; not violently enforceable;

Moral Obligation       The possessor of a moral burden resulting from a moral theory; not violently enforceable and compliance with the moral theory must be voluntary.

14The very word “enforcement” sounds like a misnomer as it contains the very paragon of violence – force. This has been part of the stem of confusion that has surrounded the language of rights and obligations.

15One might point out, however, that the free market in fact provides a powerful incentive against such discrimination. For while it is true that the free market does not ban any discriminatory acts it does, however, impose a penalty upon them. For example, a racist, anti-black employer has to choose between a candidate for employment who is black and another who is white. If the white candidate is genuinely the best for the job and is hired then the employer’s racism is inconsequential; if, however, the black man is the best for the job but the employer hires the white man anyway then the employer has not hired the best person. The white man will be less productive and learn less revenue than the black man, who will now take his talent and offer it to a competitor. The employer’s enterprise will therefore be staffed with racially identical but less competent staff and will simply be less able to serve the needs of customers. The employer therefore has to balance his racism against the loss of revenue incurred by maintaining an all-white workforce. As the division of labour increases and the structure of production involves so many more layers and geographical locations, trade becomes increasingly less personal and the specific characteristics of a particular person in the chain of production become less important (if ever they were important) to the consumer. As a result, discriminatory practices in the business are simply a short cut to loss of revenue and bankruptcy.

16It is for this reason that the term “private property” is something of a misnomer; for in order for a piece of private property to be respected knowledge of one’s title to it must be publically disseminated. Private ownership of property is more accurate.