Building a Libertarian World

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A difficult and perhaps insufficiently understood question concerning libertarianism is how libertarianism will be brought about in the world as we know it and, moreover, precisely what a libertarian world will look like. How can libertarians expect their theoretical understanding of their philosophy to emerge from this present world of seemingly perennial statism and how will the world be shaped once this libertarian world is accomplished? This essay will bring together a number of thoughts of this topic that have been addressed in previous essays, namely the relationship between libertarianism and wider morality, the nature and origin of law and concepts such as rights, obligations and property, and the importance of decentralisation and the relative size of state institutions, in order to try and create a unified picture of how libertarianism in theory can (or will) become libertarianism in practice.

Let us begin our examination, then, with an outline of libertarian theory and the place of libertarianism amongst wider political and moral theory. Libertarianism as a theory is concerned solely with the legitimacy of the initiation of physical force between rationally acting beings and either themselves or other physical matter of which the world is made (i.e. “resources”). Rationally acting beings are those beings who strive to attain their deliberately chosen ends through the utilisation of means, means that are scarce and can only be devoted to one individual’s end at the expense of everyone else’s. Libertarianism asks the question who may act physically in relation to a given piece of matter and who may not. It answers this question by stating that every rationally acting individual owns the physical matter that comprises his body (“self-ownership”) and all external, physical matter either of which he is the first user or of which he has received in trade voluntarily from a previous, legitimate owner (“property”). A violation of these principles – i.e. the uninvited, physical use of an individual’s person or property by another individual – is deemed to be an aggression, an unjust invasion of that which belongs to somebody else (for example, murder, assault and theft). Thus, from these core beliefs we derive the non-aggression principle to encapsulate the basic libertarian approach to all interpersonal conflicts born out of scarcity.

Therefore, libertarianism itself – to use the accepted parlance amongst libertarian scholars – is a “thin” rather than “thick” philosophy, addressing only the legitimate use of physical force. Another way of putting this is that, because everyone’s ends must be accomplished through physical actions which impact, physically, other matter in the real world, libertarianism concerns which persons may act and seek to fulfil their ends in relation to a given piece of matter, and which persons may not. Libertarianism does not, on the other hand, concern the contents of an individual’s ends or goals nor, once it is understood that an individual may act, does it have anything to do with whether or how he should act or which precise choices he should make. Libertarianism addresses neither the wisdom nor the foolishness, and neither the benefits nor the burdens that a given action may bring – merely that the choice to act in a certain way is the individual’s to make and further considerations about whether he should so act is the province of wider morality. A further way of putting this is that libertarianism deals with that which is legally permissible and may be done without response from the force of the law; it does not deal with that which is morally permissible i.e. with which behaviour is either morally accepted or morally questionable – all of which, in contrast to illegal behaviour, cannot be restrained or prevented by physical force, however odious or unpleasant. For example, I have the legal right to refuse to hold open the door for a lady; a SWAT team will not break burst in and arrest me for having refused to act in accordance with this social more. However, from a moral point of view, I have probably behaved quite rudely and in a socially unacceptable manner, meaning that such a choice was, most likely, not a good one to make. However, the choice is still mine to make and no one would have the legal right to use physical force to ensure that I hold the door open. In short libertarianism is about what I may choose to do whereas wider morality concerns what I should choose to do.

Overlooking or disregarding this important point is likely to cause a great deal of confusion. It is the mainstream view today that law and wider morality are not separate endeavours and that the law exists to enforce a positive, moral code. On the one hand the law is used to prevent us from making choices which are morally bad – past and present laws against vices such as drug and alcohol use and against various sexual preferences or adultery are a testament to that. On the other hand the law is also used to force us to act in ways which are morally good – such as the supposed charitableness, selflessness and altruism that is allegedly accomplished by the whole apparatus of the welfare state, which is funded, of course, through legally enforced tax contributions. Morally bad acts are outlawed because they are seen as bad choices to make from which bad consequences will follow and so nobody should be doing them. Morally good acts are forced because they are seen as good choices to make from which good consequences will follow and so everybody should be doing them. When a libertarian, however, then comes along and says that nobody should be legally prevented from injecting or ingesting whatever substances he wants in his body, that no one should be legally restrained from having consensual sex with whomever he wants, and that no one should be forcibly dispossessed of his lawfully earned money to be distributed to others, what he means is that people should be able to choose or to choose not to do these things – that he should have the choice to take drugs, or the choice to have consensual intercourse with a member of the same sex, or the choice to either keep or give away his own money. However, the casual observer, viewing these pronouncements through the prism of an intertwined legal and moral code, looks upon the libertarian desire to legalise acts such as drug taking as a moral endorsement of that act, and the libertarian desire to defund the welfare state as an admonishment of altruism or sacrifice while replacing it with selfishness. He overlooks or refuses to understand the fact that the libertarian is making neither a commendation nor a condemnation of these choices whatsoever – merely that the morality and wisdom of making these choices are no business of the law’s. Unfortunately, many libertarians serve to aggravate this misunderstanding by assuming that there is no further moral question concerning a particular act beyond its satisfaction of the non-aggression principle. Yes, a person should be able to, for example, say whatever words he wants on his own property without any interference from the law – but it does not follow from this fact that it is a good idea to say a particular thing at a particular time, nor does it follow that other people should not withdraw their support of you if they find what you have said objectionable. A person who takes a narcotic does not violate the non-aggression principle but it doesn’t follow from this fact that everything is okay and that there is nothing more to be said on the matter. Indeed, very bad consequences might follow for the drug taking individual and his family if he proceeds to do so and it would be ridiculous to suggest that these are irrelevant considerations. This does not mean to say, of course, that the non-aggression principle should not be primary concentration in building a just and peaceful society. Given that the violation of the non-aggression principle is so endemically legitimised by the institution that is responsible for nearly all of society’s woes – the state – it is, of course, entirely right that libertarians should persistently and consistently emphasise it. However, to view the non-aggression principle as the only worthwhile consideration would, if taken to its logical conclusion, amount to a travesty for the principle only concerns where one may act, not whether he should so act.  Shorn of all other reasons to act or not to act, those who wed themselves to the principle but to nothing else would be devoid of any impetus to make one choice over the other and would, in fact, never act at all! While it is true, therefore, that libertarians in their capacity as libertarian theorists are only concerned with the proper application of the initiation of violence in society, in their role as citizens in society they must also cultivate a positive, personal morality, a personal morality that will permit the libertarian to add value to moral debates far beyond the limits of libertarian theory – while keeping firmly within his sights that none of his views are anything to do with libertarian theory itself.

It cannot be emphasised enough how embracing or understanding the very limited scope of libertarian theory affords a tremendous degree of intellectual clarity for political and moral philosophy. Theories of interpersonal ethics concern how we, as rationally acting individuals, should behave towards each other – the choices we should make that affect our own lives and the lives of those around us. It might be a good thing for each of us to give to charity and to care for one’s elders, for example. However, if theories of interpersonal ethics concern the choices that people should make, then their starting point needs to be that an individual really does have a choice as to whether he should act one way or the other. A person behaves morally or immorally if he has moral responsibility for his actions – i.e. that what he did was born out of his own free will. He does not so behave if his action was forced or if he was otherwise acting as an automaton. This fact is frequently recognised with acts that are seen to be morally bad or evil. For example, if I am holding a knife and somebody grabs my hand and plunges the knife into the body of another person who subsequently dies, few people, if anyone, would agree that I was the murderer as opposed to the person who grabbed my hand. My action was not chosen by me; it was, rather, completely forced and out of my control and thus I do not bear moral responsibility for the ensuing stabbing. Similarly, the law recognises circumstances where an individual is placed under such a degree of duress that his moral responsibility is severely compromised if not totally eradicated. If, for example, someone holds a gun to my head and threatens to shoot me dead unless I stab another person then I am relieved of moral responsibility for the resulting injury or death, at least to a degree. This relief from moral responsibility is seldom, however, recognised with moral goods. If it is morally good for me to give some of my money to the poor then I can only be said to have behaved morally – i.e. to have done a good thing – if I have chosen that act. If, on the other hand, such an action is forced – that I am, Robin Hood-style, robbed of my money and it is then given to the poor – then I have not done anything good at all. I can neither be praised nor condemned for whatever result this action will bring because the choice was not mine – I had to give up that money regardless. It follows from this, therefore, that if giving to the poor is a good thing and is, further, the hallmark of a caring and compassionate society, it is ridiculous for this giving to take place through the forced mechanism of the welfare state. When people pay their taxes to fund the welfare state they don’t give voluntarily at all – rather, the money is forcibly taken from them. The original donors therefore did not behave in any way morally good or morally bad; indeed, strictly, they did not “act” in any way whatsoever. Because they were forced to give up their money, neither care nor compassion was ever shown on their part; in fact, it is more likely they will be extremely resentful. Moral theories that allow for the enforcement of their ends through violence are therefore not really theories of interpersonal ethics at all; rather, they are theories of how the enforcing party – i.e. usually the state’s officials and lackeys – should behave unilaterally, treating everybody else as little more than tools to be wielded towards whatever ends the specific theory so desires. That’s why all socialist and collectivist theories are completely contrary to the reality of human nature – they suppress the very real desires and choices of millions of ordinary people for the benefit of the ends sought or desired by a handful of political masters and bureaucrats. Libertarianism, however, preserves each individual as a moral agent with the ability to make the choices that he wants with the means that he lawfully owns; it forms a true foundation for wider moral theory by reminding such theories that seeking violent enforcement of their ends is no theory of moral behaviour at all, such behaviour requiring moral responsibility for one’s actions. Thus we can see the importance of the place of libertarianism in philosophy as a whole is as a thinly conceived theory concerning the legitimate use of force and violence between rational persons. It is not a complete moral philosophy but it serves as a firm basis for moral philosophy, and this important purpose would be severely impaired if libertarianism as a theory was, instead, conceived of as “thick” or demanding additional moral imperatives.

Beginning from this understanding of libertarianism in theory we can move on to discussing libertarianism in practice. How will a libertarian world be brought about and what will it look like? What kind of institutions will build and preserve this libertarian world? What is it that is preventing us from achieving a libertarian world today? What needs to be the focus of our efforts? In answering these questions we are going to set ourselves the somewhat ambitious task of attempting at least a degree of reconciliation between what are perceived as distinct “camps” within the libertarian movement. First, there are the “thin” libertarians and the “thick” libertarians mentioned just a moment ago; and second, there are the “anarchists” – those who believe that no state is justified at all – and the “minarchists” – those who believe that minimal state is justified for the prevention of aggression. What we will show is that, when it comes to the most likely and practical way that a libertarian society can be introduced, these largely theoretical differences may not be that important and that all libertarians can proceed towards one, common aim.

In beginning our task we first of all need to define precisely what a libertarian society in the real world will actually be. An uncontentious definition would be a society in which the non-aggression principle is adhered to so widely, through one way or another, that violations of it amount to little more than minor incursions and nuisances rather than endemic, perennial societal ills. Some violent invasions against the person or property of other people will always exist – there will always be, after all, criminals and those who are willing to do bad things. The important point, however, is that they do not approach the scale of systematic violence and destruction that our governments heap on us today.

If we accept this definition then there are three problems which we need to consider. The first problem is how to eradicate, from the mainstream consciousness, the legitimisation of the initiation of force or violence – in other words, how do we ensure that the non-aggression principle comes to be viewed as both true and just by almost everyone? How will all persons, regardless of their status or position, come to be subject to this same, basic prescription? The second problem, however, concerns how we will reduce actual violations of the non-aggression principle to a level far below that at which we languish today in order for a very real peace and prosperity to flourish. It would be no good if we achieved the first goal of educating everyone about the injustice of stealing and killing, for instance, yet we all happily stole and killed because the incentives and institutions required to deter such violent behaviour did not exist or, indeed, were impossible to bring about. If this was the case then libertarianism would simply be a theory without any practical application, a whimsical idea that would have no relevance to the real world. The third problem, which is the most difficult of the three to comprehend, is whether a libertarian world will be created from the top down or from the bottom up. Will it be sufficient, for example, for a small band of diehard libertarians to overthrow the existing rulers, install themselves as the supreme leaders and proceed to order everyone to adhere to the non-aggression principle? Or will a sustainable libertarian world be brought about some other way?

Happily, if we examine each of these problems in turn we will find that they point to a common way forward. Addressing the first problem of the legitimacy of force and violence in our world today, we can see that the primary vehicle for this legitimisation is, without a shadow of a doubt, the state – and the democratic state in particular. It is already acknowledged by almost everyone that individual, private citizens cannot steal, murder, thieve, etc. There is no general or widespread problem of people failing to recognise that I, as a private citizen, may not, for instance, steal from my neighbours to fund my business, nor may I use violence to get other people to do what I want with their property. I may not kill someone in the street or bomb houses because I believe there might be some threatening or nasty people inside of them. These acts are, quite rightfully, recognised as unjust and illegal. When it comes to the mechanism of the state, however, people’s attitudes are markedly different. It is, apparently, perfectly legitimate for the state to steal from its citizens in order to fund its business of welfare and warfare; it is legitimate for the state to use force to “regulate” what you do with your own person and property, even though what you may wish to do inflicts no violence or infringement against the person or property of anybody else; the state is allowed to drop bombs on houses if it believes there are nasty people it doesn’t like inside, writing off the innocents who were killed or maimed in the process as “collateral damage” (or at least the state can do this in faraway lands where its voters neither have to see nor think about it). Far from being a check on state power, democracy (the only form of government that is assumed, without argument, to be just by anyone who expects to be taken seriously) has served to increase the power of the state – and thus the extent of its violence – by providing it with a veneer of legitimacy. The only thing that can possibly be said in favour of democracy is that, once one realises that a majority will always get its way one way or another, it provides for a relatively peaceful and bloodless transition of political power from one majority to another. Today, however, democracy has been exalted to a level far removed from what it deserves for providing solely this simple benefit. Because people believe that they are “choosing” their leaders and “choosing” the policies that are implemented by casting their vote or “having their say” this, for some reason, means that it is alright for the state to go about its business of force and violence in almost any way it likes. The power of kings, emperors and those who otherwise claimed some kind of unique, divinely endowed right to rule was kept in its place by the fact that everyone else was shut out from either the use or benefit of state power; no king ever managed to create a world of paper money that could be printed and accepted as payment without limit to fund his warring ventures, nor could he build a redistributive welfare state; no king ever had an alphabet soup of departments and agencies managing your home, your family, your workplace, the products you buy, the services you use, and so on. However, because everyone in a democracy is apparently allowed to “have their say”, such a system not only allows everyone an opening to benefit or even direct the state’s immoral acts via the mechanism of government, but because such acts have been “chosen” by the “will of the people” they are transformed from provoking moral outrage to provoking moral celebration. Never mind, of course, that people do not actually have any meaningful say in a representative democracy – all they are allowed to do is vote, once every few years, between a tiny selection of carefully screened candidates who create the impression that they are bitterly divided yet agree perfectly on all of the fundamental features of the state which libertarians oppose. Only occasionally are the people allowed to come out of their corner to fight, as the British did with the recent referendum on EU membership and the Americans did with the election of Donald Trump as their President. What is important for the legitimisation of force of violence, however, is the fact that people believe that they are in control of the state. It follows, therefore, that delegitimising the state and weakening the power of the state would go a long way to delegitimising the use of force and violence everywhere.

This leads us onto our second problem which is how to minimise the actual incidence of force and violence in society. Unsurprisingly our answer points once again to the primary culprit, which is the state. As we just mentioned, a powerful driving force for the actual commission of violent and invasive acts is their perceived legitimisation under the aegis of the democratic state. After all, if it is okay to relabel theft and violence as taxation and regulation and to do these odious acts through the mechanism of the state, then obviously they are going to be done a lot more often. However, so many of the catastrophes and calamities for which the state is responsible result from the actual, physical wealth and power that many states have managed to accumulate, with that wealth and power concentrated in an ever dwindling number of specific people and institutions. As a result of this the ability for the state to expand its predatory effects has been left almost unchecked. The consolidation of state territories into unified governments has been particularly disastrous in this regard. The two most destructive conflicts in history – the two world wars – occurred after the unification of Germany and Italy, with the drain the Bismarkian welfare state inflicted on the economic prosperity of Germany leading to the drive towards autarky and the perceived need to conquer the largely agrarian lands to the East. The nuclear terror perpetuated by the Cold War was made possible only because such large and powerful states as the United States and the Soviet Union were able to fund the building of their nuclear arsenals. The United States, the only remaining superpower today, has caused havoc in Korea, Vietnam, the Balkans, Iraq, Afghanistan, Libya, Syria and God knows where else simply because it can do so relatively unopposed. Smaller states with smaller tax bases and access to fewer resources simply cannot do this. Yet, ironically, because the state is still viewed as the fountain of all goodness, it is further state expansion which is called for in order to prevent war and preserve peace – as if it is all of us barbarous citizens who are causing all of the strife rather than the political leaders with their armies, navies and air forces. Proponents of such expansion fail to understand the obvious fact that if you wish to minimise war and its effects then the last thing you want to do is to make belligerents bigger and stronger as opposed to smaller and weaker. Nor do they understand that if you wish to promote trade and prosperity then so too must the state be cut down to size. The original project of the European Union was designed to unify and pacify the old warring colonial powers, creating a trading block with tariff free borders through which goods and workers could pass unhindered. We can certainly agree that the aims are broadly correct – if you wish to achieve economic progress then you need to encourage capital accumulation, which can only be done through relatively strong private property rights, minimal taxation and minimal regulation. However, the path that was taken to achieve this was to consolidate and centralise Europe’s political institutions in Brussels and to, eventually, create some kind of European super state. This is the precise opposite of what you want to do if your aim is free trade and increasing prosperity. If Europe, instead, consisted of several hundred, or even up to a thousand small territories and independent cities the size of say, Monaco, Liechtenstein or Luxembourg then the lack of each state’s ability to access both natural and human resources, except through international trade, would be reduced to a minimum; thus such states could only introduce onerous tariffs and border controls at the expense of crippling themselves. Moreover, a small state cannot increase its internal taxes and regulations to levels which are too onerous otherwise residents will simply hop across the border (which, in a small state, is likely to be only be a few miles away) leaving the heavily taxing state drained of its productive population. Thus, what keeps taxes, regulations and border tariffs minimal to non-existent is the competition between many small states so that they can attract investment, talent and resources. In turn, production of these things is encouraged and wealth creation accelerates. However, in a vast super state covering thousands of square miles and controlling an array of natural resources and a population of millions, the taxing and regulating authorities are now left relatively unchecked. No longer do they have to attract resources and talent and neither can these things leave as easily – for they are already there within the territory of the large state and crossing a border that may be thousands of miles away is markedly more difficult. It is for this reason that the EU has become one of the most heavily regulating and interfering state institutions in the world, a fact which incites farcical hilarity, if not utter despair, when you consider that there are more than 12,000 EU regulations concerning milk. If all of these regulations are necessary it’s a wonder how previous generations ever managed to enjoy the stuff at all. It is true that there may be no internal tariffs and border restrictions within the EU and yes, goods and workers can move freely between, say France and Italy. Business leaders acclaim how great this is for commerce and enterprise, yet what these business leaders overlook is that the EU itself has become a burdensome engine of internal taxation and redistribution that far outweighs any gain achieved through the abolition of border tariffs. Indeed, each member state’s contribution to the EU budget effectively amounts to a tariff anyway – the only difference is that the burden of paying it is borne by the citizens of each state as a whole rather than individual industries or businesses which ship goods to the EU. Fortunately the EU does not have any direct, taxing power over the citizens of member states, yet it has been moving to nullify tax competition between states, the very element that is so important for keeping tax rates low and for attracting investment. And let us not forget, of course, that the EU is more than happy to charge onerous tariffs on imports from outside of the bloc. Super states, and prospective super states such as the EU, are not single markets promising trade, prosperity and the best conditions for enterprise – they are, instead, single bureaucracies of heavy taxation, crippling regulation and welfare parasitism.

In his astonishingly perceptive book, The Breakup of Nations, Leopold Kohr pointed out that almost every notable achievement of the human race – great art, great literature, great culture, great technology, great philosophy, and so on – is all but irrelevant to the preservation of peace and prosperity. The only relevant factor is the size, or, rather, the relative size of states. Big states prey on their citizens and their foreign counterparts not because they think they either should or that to do so is good (although they may believe these things), but simply because they can. Great power endows one with great temptation, a temptation which political leaders nearly always cave in to. The evidence for this is difficult to dismiss. Centuries of cultural refinement marked by some of the world’s finest achievements in art, literature and music did not prevent France and Germany from each having their turn at conquering the whole of Europe; the philosophy of freedom and liberty didn’t stop the British from building an empire; the economic and technological progress of the United States has not stopped her from interfering, disastrously, all over the world. Yet the era in recent history which supposedly (but not entirely accurately) marked the nadir of man’s cultural and economic achievement – the Dark Ages – was, by comparison, relatively tranquil, as it was also populated, for much of its history, by relatively smaller, weaker states. From all of this it is clear that the breakup of states into far smaller units – what we might call political decentralisation – should be a clear aim of libertarians.

It is on this note of decentralisation that we move onto our third and final issue which is whether a libertarian world will be brought about from the “top-down” or from the “bottom-up”. Would it be enough, for example, for a defiant band of libertarians to take over the state apparatus and to enforce a libertarian legal code? What we have just said about power and corruption should make our initial answer obvious. If libertarians take over the state won’t they simply become corrupted by its power and influence? Or, more likely, if the populace whom they now govern was not similarly enamoured with libertarian values, wouldn’t the leaders cave into the pressure to use the power of the state to “act” in order to correct some kind of perceived societal ill? A comparable occurrence of this nature in recent history is the American Revolution, which is popularly portrayed as the overthrow of a tyrannous, foreign king by the oppressed but passionate American people fighting for their freedom. Yet, in reality, what occurred was that a new elite simply served to replace the power vacuum that had been left with the departure of the British. Not only were the founding fathers far from unified on the question of precisely which type of government should replace the ejected monarchy, but very quickly aspects of the new United States began to resemble those of their previous colonial masters. We know today, of course, that the Constitution of the United States has utterly failed to constrain the power of the federal government. Yet even reading the original text alone should alert a critical reader to how un-libertarian it was in the first place. It does, after all, preserve the power to tax among a myriad of other horrors in Section Eight of Article One such as declaring war, raising armies and the infamous commerce clause. Within mere years of its adoption, the very same people who were victors over the repressive British provoked the whiskey rebellion, enacted the Alien and Sedition Acts, and even the great Thomas Jefferson found it difficult to constrain himself when, as President, he signed into law and draconically enforced the Embargo Act of 1807. If libertarians simply served to replace the despots they would very soon find themselves acting as the new despots. A genuine libertarian revolution will be impossible unless the power of the state is chopped from the bottom rather than simply given a haircut at the top.

The more important point, however, is revealed when we consider what it is that institutions such as property, rights, obligations and laws – the backbone of a libertarian society – are supposed to serve and how these institutions developed historically. The mainstream point of view in this regard is hopelessly confused, wallowing in a misunderstanding of the abilities and extent of human design and ingenuity. The results of such ingenuity are, of course, all around for us to see. We can easily marvel, for example, at the achievements of humans in the fields of science and engineering, at how we have transformed barren, dead matter into great structures such as buildings and bridges, how we have harnessed the power of electricity to provide us with heat and light, and how a device as small as a microchip can process information many times faster than the human brain. Every way we look we see the results of humans striving to shape the world in the way that we wish in order to meet our needs and improve the quality of our lives. Since the advent of Cartesian rationalism in philosophy, it has seemed almost obvious that if humans can shape the resources we have around us to do what we want them to do then so too can we apply this same engineering bent to society itself and to societal institutions. In other words, that we can deliberately shape society and design its institutions to do what we want them to do. If we can construct the Empire State Building then surely we can construct laws, regulations, rights, and obligations in order to make society a better place? That is the fundamental view of statists today – that society is something there to be managed, pushed in certain directions and squeezed into certain shapes by our political masters served by an army of elite intellectuals. The laws that are enforced are to be designed and enacted through legislation in order to push, from the top down, society onto a particular economic and moral path. Society, however, exists only because individual people perceive that social co-operation is essential for meeting their needs and for vastly improving their quality of life. In contrast to this, it would be quite possible for each person to be content to live an atomistic existence, finding his own food, building his own shelter and entertaining himself devoid of all social relations and interaction with anybody else. If this was the case then society, as such, would not exist. If the population of a territory consisted of 1,000 people yet each of those people lived such an isolated existence then that is all you would have – a piece of land with 1,000 people on it; you would not, however, have a society of 1,000 people. Because, as should be obvious, such an existence would result in the starkest and most brutal impoverishment, humans have, instead, decided to come together and co-operate. Such co-operation has developed from our existence as hunter gatherers, through the Neolithic Revolution and has reached its most advance form in the division of labour – the specialisation of each individual in a particular task which serves the needs of others. It is this social co-operation which is, in and of itself, society. Because the purpose of this co-operation is to further the needs of individuals it is the case also that the institutions that are required to facilitate this co-operation appeared because they made the pursuit of our individual needs and wellbeing easier. The great societal institutions – such as the family, the law, money, and morality – were never explicitly designed or “invented” by anybody. Rather, they were the product of centuries of evolution or of what we might call a “spontaneous order”, and the precise content of their makeup was determined by what facilitated the needs of individual people. The family, for example, developed during an era in which humans were pure consumers of what the Earth had to offer rather than producers – much like animals are. The availability of resources in a society which only consumes and never produces is heavily dependent upon the height of the population. As humans could keep on breeding merrily the population quickly rose to a level where the quantity of resources was insufficient and hence everybody suffered from a reduced standard of living. The family unit developed as a response to this problem in order to make fathers bear the cost of their own children. The more children they have then the more food and shelter they would have to provide for and so this furnished a powerful incentive to keep the population relatively in check. It is from this that our current code of sexual ethics has also developed – the requirement of sexual fidelity and the moral penalisation of sex out of wedlock, for example, all stem from the fact that such acts defeated, or could potentially defeat, the object of controlling the levels of population vis-à-vis resources. Money, which today is printed and controlled entirely by the state, was never explicitly designed by anyone but, rather, arose as a product of barter, whereby one or a handful of goods (usually, except for specific situations, precious metals) became more marketable than any other and hence came to be regarded as valuable not for whatever practical use they may serve but precisely because they could be exchanged. Nobody woke up one morning and, surveying the difficulty of trading individual goods directly, decided to say “I know! Let’s invent a good that we can all trade for everything else and call it money!” No wise leader started, out of the blue, to produce money or manufacture money, nor was the precise monetary commodity in a given situation explicitly chosen by anyone. Rather, given the immense power it afforded, the minting and issuing of money was usurped at a much later date – a usurpation which, of course, was only completed in 1971 when the US dollar’s last tie to gold was severed (and which may not be finally complete until states have succeeded in issuing a common, worldwide, paper currency). Law similarly evolved over centuries, or even millennia, out of interpersonal conflicts people ran in to over resources. The source of a legal case was the fact that two people each wanted to use the same resource to meet their own ends whereas, owing to the fact of scarcity, only one could do so. In other words the precise areas in which the law was concerned were decided by whether or not people could peacefully meet their needs in a given situation. If they could not then it was their perception of a conflict that gave rise to legal rules and principles. This is very important lesson that many libertarians, let alone everyone else, are yet to understand; the precise boundaries of aggression cannot be decided from on high by a wise and powerful leader because the elements of aggression – a physical invasion of another person’s property – are all dependent upon the parties’ perception of those physical transgressions as preventing them from fulfilling their needs with the resource in question. What is aggressive behaviour and what is not cannot be based upon what a political leader thinks is a conflict between two people (as all political leaders do when they enact legislation), nor can it be based upon some precise, scientific measurement of whether one body collided with another. If I shake a bed sheet and a piece of dust travels through the air and lands on your shoulder then, even though I have initiated an action which physically impacts on your person, this is not aggressive behaviour because such an action does not interfere with your ability to use your body to meet your ends. Indeed, most likely, you wouldn’t even be aware of the speck of dust at all. If, however, I threw the bedsheet over your head and wrestled you to the ground then this would probably be regarded as assault and the law would find me liable as such. Both actions concern a physical transgression of your person or property initiated by me, but only the one which interferes with your ability to use your person and property to meet your needs as perceived by you is the aggressive action. None of this should be taken to suggest, however, that the precise content of legal rules is purely subjective, nor should legal liability follow merely from somebody’s whim. Rather, objectively defined rules are drawn from typical experiences of what is and what is not aggressive, such typical situations arising before legal adjudicators again and again. Most people do not want to be killed by another person; most people do not want their belongings taken; most people do not want to be raped. So, for example, if one person kills another then it is presumed that the deceased did not so wish to be killed and the accused must adduce evidence to the contrary if he is to avoid liability. On the other hand, most people do not perceive that a speck of dust landing on their shoulder as a result of someone shaking a bedsheet is aggressive and invasive behaviour. So anyone who turned up before the court alleging that such an incident was aggressive would most likely be told that, even if, subjectively, this speck of dust prevented him from enjoying his person or property, he alone should bear the burden of protecting himself from this unusual sensitivity, rather than forcing everyone else to tiptoe around him. What we can see as a result of this, therefore, is that the precise boundaries of aggression which are expressed in precise laws are very much determined by the customary and conventional context. This is perhaps best illustrated when determining the requirements to enter contracts. If I sit down in a restaurant in Great Britain and order from the menu then that action is sufficient to make me liable to pay for the meal as that is how the situation is understood in this society. My refusal to do so on the grounds that I had not been told explicitly that I would have to pay would be laughed out of court. On the other hand, in another society, it might be the case that you are assumed to be a guest unless the proprietor of the establishment states that you must pay for your meal. If I raise my hand at an auction I might find myself liable to pay for one of the lots; if I do it outside in the street I am merely saying hello to someone. The action is the same but whether I am placing a bid or simply making a greeting has to be judged by the context. So the same thing can not only mean different things in different societies, with different consequences following, but so too might they mean different things in the same society depending upon the precise situation. Legal adjudicators have to assess what the actions of the parties meant and what they intended through their actions according to the social, customary and conventional context in order to determine the precise limits of legal liability. Because, as we said earlier, society is emphatically not something that is managed from on high but is, rather, motivated by individuals, this is an evolving rather than a static process. Such evolution can evolve only through case law, i.e. through law made or “discovered” through actual cases involving real people in real conflicts, rather than through legislation which involves only conflicts manufactured or perceived by politicians and bureaucrats. The importance of the customary and conventional context also applies to which beings may enjoy legal rights and which may not. Libertarians are often chided for their lack of agreement over the issues of abortion and the rights of children but, strictly speaking, these issues cannot be resolved theoretically. Libertarian theory will tell you which kinds of beings enjoy rights and which types of action are aggressive; it does not, however, tell you whether a specific being enjoys rights or whether a specific action is aggressive. The questions concerning the legal rights of foetuses and of children are of this latter category – do they qualify as the kind of beings to whom rights apply, i.e. are they rationally acting beings? And, if not, at which age or ages will a foetus or child be deemed, or at least presumed, to be a rationally acting being capable of enjoying rights? Is the fact that a foetus grows inside the mother an invasion of the mother’s body or has she demonstrated some kind of consent to the foetus’s growth? None of these questions are answered by libertarian theory but, rather, they concern the application of libertarian theory according to the customary, social and conventional context. To take a deliberately extreme example in order to illustrate this, early, primitive societies ascribed natural phenomena to the will of deities, and were unable to differentiate between inanimate phenomena (such as the sun or clouds) on the one hand and conscious beings on the other. Let us suggest that, in such a society, trees are perceived to possess personalities and to have rational thoughts and feelings which could, through some way, influence the course of events (in a similar vein, the present author, as a very young child, believed that trees shaking their branches were the cause of the wind, rather than vice versa). The legal system (or other social rules acting as a precursor to a legal system) of this society would recognise each tree as a legal person endowed with rights, and that to invade the tree’s physical presence would be an unlawful aggression against the tree’s person. Today, however, due to the advances of our scientific understanding, we have sufficient reason to believe that trees are not, in fact, rational beings nor do they possess the will or ability to alter the course of events. Although “living” they are not conscious and simply occupy the sphere of natural resources which can be owned by actual rational beings.

To re-emphasise, the important point about all of this is that, given that both the nature and the content of the elements that preserve societal order – such as rights, obligations, property – are determined by the needs of individual people, it follows that these elements can be neither determined nor shaped by groups of leaders or intellectuals acting from on high – in other words, by centralised, state institutions. Libertarians and free-market economists wax lyrical about how the state cannot hope to run and control specific industries productively in order to meet the needs of individual people and how the state has no rational method of directing resources in ways that best meet the needs of those people. Rather, such industries always end up succumbing to the priorities of the political leaders, the bureaucrats and the employees. Exactly the same is true of the institutions that concern societal governance. The entire state apparatus of legislatures, courts, bureaucracies, and their supporting police and military forces are designed not to give effect to and to prioritise the needs of individual people but, rather, to promote, enhance and push forward the visions of society held by liberal elites – visions of collectivism, equality, uniformity, and multiculturalism that destroy private, voluntary allegiances to localised institutions such as families, communities, and places of worship to direct it towards the glorification of the ever expanding state. The move towards greater state consolidation through supranational outfits such as the United Nations, the European Union, the IMF and so on is designed to concentrate decision making authority in an ever dwindling number of colossal institutions, centralising power and control in the handful of powerful oligarchs. A genuine libertarian society – a society distinguished by freedom for the individual – will therefore only come about through the destruction or dismemberment of the institutions which are diametrically opposed to this freedom. In practice this will mean halting and reversing the current trend towards state consolidation and inter-state co-operation, and seeking the breakup of individual states into as smaller territories as possible. This will scatter decision-making authority away from the centre and towards the individual as close as possible by achieving the increasing localisation of institutions which bear the responsibility for preserving order and governance.

The way forward for libertarians to bring about a libertarian world is therefore relatively clear – we must seek, emphatically, the de-legitimisation the state, the dilution of the power of the state, and the reduction of the size and territorial reach of each state. If, however, we needed to select just one of these elements – one call to action that could be regarded as the libertarian rallying cry – it appears that the third aim of reducing the size of each state is likely to have the greatest impact. Not only is it from this achievement that the other two are likely to follow but it is also the one which, at least after 2016, gives the appearance of being most likely to succeed and of being brought about in the right way from the bottom up rather from the top down. Ethno-nationalism and secessionism has returned to our world as a reaction against the forced centralisation of state institutions and metastasising of supra state bureaucracies; open borders, forced integration and globally managed trade are giving way to each state and smaller territories determining their own policies in this regard. Although our faith in the political process – the game that the statists want us to play – should be cautious, we have to hope that events such as the “Brexit” vote and the election of Donald Trump indicate only the beginning of this rebellion from the masses, a rebellion against the globalising, centralising and bureaucratising forces that will far eclipse the significance of those two events alone.

Moreover, this aim of seeking to reduce the territorial size of states and state institutions achieves also a degree of reconciliation between the distinct camps within the libertarian community we described earlier – between “thin” libertarians and “thick” libertarians on the one hand, and between “minarchists” and “anarchists” on the other. For libertarian “thickests”, we are fully conceding  that the move towards decentralisation and to smaller state territories to likely to be dependent upon the willingness of people to place their trust in more localised, informal, and voluntary institutions such as a common culture, a common language, common customs, a common morality and a common (or a common absence of) religion. It is these alternative elements which are required to shift people’s reliance away from the formal apparatus of the state for their feeling of identity, security and community, and also to generate a feeling of empathy and friendliness within each locale which is needed to grease the wheels of social co-operation. It is precisely because these common elements are the antithesis of statism and state growth that all socialising theorists and politicians have sought to denigrate and destroy them – as they are largely trying to do now through mass migration and the fostering of welfare dependency. By eradicating cultural, community, conventional, customary identities (as well as traditional morality) through its egalitarian, all-inclusive, non-discriminatory, socialising programmes, the state simply sows distrust, hatred, and envy which makes easier its task of theft, violence, and welfare statism. We as libertarians, therefore, should regard the promotion of these common elements and informal institutions as necessary for bringing about a libertarian world. For libertarian “thinnests”, however, we are also acknowledging that we, as libertarians qua libertarians, need not promote a particular culture, a particular language, particular customs, or a particular moral code. It is true that certain cultures, customs and moral codes may be more conducive to sustaining the non-aggression principle than others (and, as I have argued elsewhere, the requirement of non-aggression is, in and of itself, likely to promote and emphasise certain, broadly conceived values). However, it is not our job to determine from on high what these customs and cultures might be and to enforce them upon everyone else. Our focus, rather, is on breaking up the giant, behemoth states so that people can find their own way, building their own communities based upon their own values. Without the power of vast states to enforce and support them, the flourishing of these individual communities will undoubtedly depend upon them being able to adopt values which promote proper order, governance and social wellbeing. However, much of this is largely achieved by the fact of cultural harmony in the first place – that everyone in a community largely agrees on the same basic values and that everyone’s behaviour is broadly acceptable to everyone else. In short, that all members of a given society are basically kindred spirits. Determining precisely what these values will be is, for libertarians, a secondary task at best. Moving on to minarchists and anarchists, if we break up states into relatively smaller sizes then minarchists can be satisfied that each territory still has some official institutions that are responsible for law and order; anarchists, however, will be relieved to know that because such decentralisation and deconsolidation increases the relative power of the individual vis-à-vis the state then the practical distinction between the state as a compulsory association on the one hand and as a voluntary association on the other becomes much less clear. Indeed, at some degree it will be completely abolished. At the extreme end, a small commune on a few acres of land comprising merely tens of people will be heavily reliant upon gaining the continual trust and enthusiasm of each of those people if the commune is to survive. However, a vast commune such as the former Soviet Union can treat each individual person however it likes – stealing from them, forcing them to do what it wants, and, of course, murdering them. Moreover, the ability of a small state to launch any foreign wars – which, in the long run, is the source of the loss of most of our freedoms – is vastly reduced, if not eradicated.

This, then, should be the goal of all libertarians, lovers of freedom, and those who are passionate about free enterprise and free association – breaking up the state into as smaller territories as possible and rendering state power and influence as inert as possible. We can hold some hope that this may be the way in which the tide is turning and that we can finally bring to a close this chapter in human history that has been marked by socialisation, collectivism, statism, bureaucratism and endlessly destructive warfare built on a cushion of false prophets, false values, false money, and a false prosperity.


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Libertarianism, Morality and Religion

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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.