A Perversion Of Service

Every year on Memorial Day, people visit cemeteries and go to parades in honor of those who died while serving in a government military. Those still serving in these militaries travel down roads normally reserved for civilian use, and the people that these military personnel ultimately oppress celebrate this fact. Meanwhile, politicians and the establishment press take the opportunity that a day devoted to deceased military personnel presents to promote statist propaganda concerning the nature of service and the provision of defense. The general structure of their propaganda narrative is as follows:

  1. We have freedom.
  2. Freedom and the rights associated with it are granted by the Constitution, the state, etc.
  3. Freedom is not free. This is because it is valuable, and valuables will be stolen by thieves and destroyed by conquerors if they are not defended.
  4. The state provides defense of freedom, and is the only means by which such defense can be provided.
  5. A society should revere its protectors, for they perform the functions that allow everyone else to do what they do in peace.
  6. Because of (4), government military personnel are those protectors.
  7. Because of (4), (5), and (6), people should revere the state in general and its military personnel in particular.
  8. Laying down one’s life to protect others is the highest cost that one can pay.
  9. Because of (4), (5), (6), and (8), those who die in military service should receive the highest honor.

Of course, like any effective propaganda, this narrative is a mixture of lies and truth. After all, a complete lie is easy to spot, while a lie wrapped in truth that has gone unchallenged by empirical examples for centuries is well camouflaged. The best way to counter this narrative is to challenge it on a point-by-point basis, examining each aspect and the connections between them for logical fallacies. Let us do this now.

Freedom

First, the statist asserts that we have freedom. Attempts to define freedom are rarely made by those who invoke it in this sense, for to do so would undermine their case irrevocably. However, we may proceed with the dictionary definitions of “the absence of necessity, coercion, or constraint in choice or action,” “the power or right to act, speak, or think as one wants,” “absence of subjection to foreign domination or despotic government,” and “the state of not being imprisoned or enslaved.” In the presence of the state, none of these are possible. The state is a group of people who exercise a monopoly on initiatory force within a geographical area. When people initiate the use of force, they are imposing necessity, coercion, and constraint in choice or action upon their victims. The laws that government agents create and enforce infringe upon the right to act, speak, or think as one wants by punishing behaviors which do not aggress against any person or property. Though the state does occasionally prevent foreign domination, it does this with less efficiency and effectiveness than could private defense forces, and states tend to become more despotic over time. The state imprisons and enslaves millions of people. Those who are left somewhat free are not in such a condition for their own benefit and flourishing, but because it produces superior results from the perspective of human livestock management. That we cannot have freedom under current conditions puts the entire narrative in jeopardy, but let us continue our examination.

Rights

The claim that rights are either a grant from a government or are protected by a government is the second step in the narrative. Leftists favor the former position and rightists favor the latter, but both can easily be shown to be in error. A right is defined as “something to which one has a just claim,” “a moral or legal entitlement to have or do something,” and “the sovereignty to act without the permission of others.” Whether or not a claim is just is independent of whether a government is present. Statists may contend that the absence of government means that there is no final arbiter of the justness of a claim, but there is no such thing as a final arbiter of disputes. Regardless, the truth value of a claim is independent of whether anyone recognizes its truth value, or even whether anyone exists to recognize its truth value. A moral entitlement to have or do something must be argued from first principles; it cannot be granted by a government. A legal entitlement may be granted by a government, but only because a government has forcefully suppressed any competing providers of law and order within its claimed territory. A state apparatus, by its very nature, infringes upon the sovereignty of its subjects to act without its permission through its legislation and enforcement mechanisms.

Moreover, the belief that rights must involve the state occurs because the state has corrupted the meaning of rights. Rights are supposed to be exercised through one’s own action without conferring any positive obligation onto someone else, but statists use the word to refer to a claim upon someone else’s life, property, and/or labor. These so-called “positive rights” are invalid because the state violates the negative rights of other people who are forced to provide for these positive rights.

Loss Prevention

That freedom is valuable, and thus vulnerable to destruction and theft if left undefended is true. But there is a non sequitur fallacy between this step and the belief that the state is necessary for the provision of such defense. In fact, the truth is just the opposite. Besides being the primary culprit behind the destruction of freedom, the state cannot possibly provide for the defense of freedom. As a compulsory monopolist of protection, the state charges what it wishes and uses force to prevent anyone from hiring a competing provider, going into business for oneself, or doing without. A threatening protector is a contradiction of terms, which in any context not involving the state would be appropriately recognized as a protection racket. Again, whatever benefit the state provides is done not to serve the people, but to serve itself. To whatever extent the state enjoys defense, its subjects are imperiled, for whatever means of defense the state has constitute potential means of offense against the people.

Reverence

That a society should revere its protectors is true. The problem comes with the belief that government personnel are the protectors of society. As shown previously, the state cannot provide defense for the people because it is a continuous threat against the people. Since the state is composed of people, it follows that those people cannot be responsible for defense in any absolute sense. They can only defend against other potential sources of exploitation so that the state may have a monopoly over the exploitation of the people. As such, reverence for the state in general and its military personnel in particular is misplaced unless it truly is the least of the evils. Fortunately, this is not the case.

Admittedly, there are no empirical examples of a free market of private military companies providing military defense services in lieu of a government military. A major reason for this is that governments will use as much force as necessary to keep such an idea from being tested, as its success would doom the state by depriving it of its most essential monopoly. Without a monopoly on military force, the state would cease to exist, as the response of the people to its taxes and laws would be to point military-grade weapons at its agents and tell them to stand down or be fired upon. That they are so fearful of such an attempt being successful indicates that even they believe it can work, and if anyone should have the deep knowledge necessary to make such an assessment at present, it should be them.

Without empirical examples, we must logically deduce our way through. The presence of a monopoly with involuntary customers necessarily leads to inferior quality of service and higher costs, as the monopolists need not provide superior quality of service and/or lower cost of service vis-à-vis a competitor. The opening of provision of military defense to a free market of competing service providers must therefore lead to an increase of efficiency, which in practice means superior quality of service and/or lower cost of service. There is no reason why the market should fail to provide a service that is strongly desired by everyone for everyone (except for a few criminals, who want it for themselves but not for their victims), to the point that most people will tolerate the oppressions of statism just to obtain a counterfeit version of it.

The most common criticisms of competing private defense companies are that they will fight each other, that they will lead to rule by warlords, and that they will become a new monopoly on force. Rule by warlords and monopoly on force describe the situation under statism, so if the worst-case scenario is that eliminating government militaries just gets us another government military, all other cases must turn out better than this, making these into powerful arguments in favor of privatizing military defense.

This leaves the concern that the private service providers will fight each other. We must recognize that the current service providers do fight each other, which caused roughly 100 million deaths in the 20th century. As such, the bar of service quality that private military defense providers must exceed is set quite low. Fortunately, private military defense providers would be limited in ways that government militaries are not. A private service provider must bear the cost of its own decisions, and engaging in aggressive wars is more expensive than defensive actions only. A company that sells war is thus at an economic disadvantage against a company that sells peace. Without the government monopoly on legal services granting immunity to private soldiers as it does to government soldiers, the private soldiers would be subject to the criminal punishments made prevalent by the private defense forces in the area in question in addition to vigilantism by individuals. The agencies that decide to fight also must take care not to damage or travel on ground held by customers of other agencies, as this would be considered trespassing, and a trespasser with an intent to murder others in a war is a trespasser who may be killed in self-defense. Thus one could expect to see every private property owner not involved with the warring agencies taking actions to destroy both sides of the conflict whenever they occupy land that is not owned by their customers. With no state to forbid ownership of certain types of weapons, the private property owners would be much more capable of stopping military hardware than they are now. There is no guarantee against such a fight, but there are enough incentives working against it to consider it a remote possibility.

Given the superiority of private defense markets compared to government militaries, the state is not the best option. Thus, we may put aside feelings of reverence for it and its military personnel.

Sacrifice and Honor

It is true that one’s life is the highest cost that one can pay, and that laying it down in defense of family and friends is the greatest sacrificial love that one can display. It does not follow that those who die while serving in a government military have done this. Many people volunteer for military service because they believe that this is what they are volunteering to do. Unfortunately, despite their best intentions, this is not the true nature of their actions. Contrary to statist propaganda, the state does not work for the people, for if this were the case, then the people would be free to fire the state, cease paying for it, and either hire someone else, go into business for themselves, or try to do without. Because the state does not work for the people or, as shown previously, provide defense for the people, those who die in its service are not due the honor of those who lay down their lives to defend others.

It must be said here that just because fallen members of a government military are not due honor, it does not mean that they are due dishonor. Like most other people, they are propagandized to the point of saturation by government schools, churches, establishment media programming, and recruitment advertising. Recruitment personnel then do their best to sell them the military life while making light of the arguments discussed here, if they even acknowledge them at all. The majority of people in a government military are not intentionally evil, but are victims of fraud and lies. The proper response, then, is to attempt to educate living military personnel and those who would follow in their footsteps rather than to engage in displays of disrespect toward the dead (or, for that matter, toward the living).

Conclusion

The desire to protect and serve others is commendable, but a government military offers only a perversion of service. Authentic service of others must be accomplished not through a top-down, coercive, centralized, territorial monopolist like the state, but through the bottom-up, voluntary, decentralized, competition of the market economy. While the state makes defense impossible for its subjects in an absolute sense, there is every reason to believe that private service providers can accomplish this critical task.

Self-defense is one of the most fundamental rights, and the most important personal responsibility, as the abdication of this responsibility endangers all other rights and responsibilities. Of course, there is nothing immoral about hiring help for such a basic need, but the decay of the role of the militia in society has created a vacuum that has been filled by government militaries. The troops are ultimately in the position they are in because too few of us do what is necessary to provide for our own defense and counter statist propaganda. It is therefore because of the selfishness (in the form of risk aversion with respect to confronting aggressors) and irresponsibility of most of the people in the modern West that soldiers are joining government militaries and sacrificing their lives at the behest of politicians in the first place. Until the people right themselves, true defense and service will remain unknown to us.

On Libertarianism and Conquest

The institution of private property is a fundamental aspect of economics and social interactions. It serves the practical purpose of avoiding conflicts over scarce resources so that efforts may be put toward better purposes. Theories concerning the creation, acquisition, trade, inheritance, and defense of private property form much of libertarian philosophy. What has gone largely unexplored in libertarian theory thus far is the role of conquest in the determination of property rights. Almost all inhabited land on Earth has been conquered by one group of people or another at some time in the past, so as long as this remains unexplored, libertarianism will be left open to attacks from all manner of enemies of private property rights. Thus, it is necessary to examine conquest from a libertarian perspective.

Man vs. Nature

The starting point for all of libertarian philosophy is self-ownership; each person has a right to exclusive control of one’s physical body and full responsibility for actions committed with said control. Note that in order to argue against self-ownership, one must exercise exclusive control of one’s physical body for the purpose of communication. This results in a performative contradiction because the content of the argument is at odds with the act of making the argument. By the laws of excluded middle and non-contradiction, self-ownership must be true because it must be either true or false, and any argument that self-ownership is false leads to a contradiction.

Because each person has a right to exclusive control of one’s physical body, it is wrong for one person to initiate interference with another person’s exclusive control of their physical body without their consent. This is how the non-aggression principle is derived from self-ownership. Because each person has full responsibility for the actions that one commits with one’s physical body, one may gain property rights in external objects by laboring upon unowned natural resources. This works because one is responsible for the improvements that one has made upon the natural resources, and it is impossible to own the improvements without owning the resources themselves.

In a sense, all property rights are based on conquest, in that property rights are created when man conquers nature by appropriating part of nature for his exclusive control and use. This is a powerful antidote to the contention of many opponents of private property that property titles are somehow invalidated by a history of conquest, of people taking by force what is not rightfully theirs. But we can do even better than this, as the next sections will show.

Man vs. Man

As stated earlier, property rights are useful in practice because they minimize conflicts over scarce resources by establishing who rightfully controls what territory. This results in a significant amount of loss prevention, which allows the people who would have died and the property that would have been damaged in such conflicts to instead survive and prosper.

But what happens when such norms are not respected? Let us consider the simplest possible example and extrapolate from there. For our first case, consider a planet which has only two sentient beings. Let us call them Archer and Bob. Archer has mixed his labor with some land and thus acquired private property rights over that area. Bob wants the land that belongs to Archer. That Archer has a right to defend himself and his property from the aggressions of Bob by any means necessary, and that Archer has the right to retake anything that Bob takes is not disputed by any reputable libertarian theorist. But what if Bob kills Archer? In that case, the property does not rightfully pass from Archer to Bob in theory. But Bob now has exclusive control over the property and there is no other sentient being present to challenge him. Thus, Bob becomes the de facto owner, even though this is illegitimate de jure.

The above case is interesting but trivial because social norms are irrelevant if there is neither a community to observe them nor a mechanism to enforce them. As such, we will spend the rest of this essay adding complexity to the first case to arrive at meaningful results. For our second case, suppose that there were another person present to challenge Bob. Let us call him Calvin. Because libertarian theory is a logical construct, it is subject to logic in the form of rationality and consistency. To violate the rights of another person while claiming the same rights for oneself is not consistent. Hypocrisy of this kind cannot be rationally advanced in argument; it has the same effect at the subjective level that a performative contradiction has at the objective level. In other words, all people do not lose the right to life because someone somewhere somewhen commits a murder, but the murderer does. This means that Bob cannot claim a right to his own life or to the property he occupies because he murdered Archer and stole his property. Thus, there is no moral prohibition on Calvin killing Bob and taking the property from him. With Archer and Bob both dead and Calvin the last sentient being on the planet, Calvin is now the de facto owner of the property. But unlike Bob in the first case, Calvin is also the de jure property owner because he has exerted effort to remove property from the control of a thief and the rightful owner died without an heir.

Another level of complexity may be added by giving Archer a rightful heir, whom we may call Delia. Let our third case proceed as the second case; Bob murders Archer and steals his land, then Calvin kills Bob to eliminate a murderer and take stolen property away from a thief. But with Archer dead, Delia is now the rightful owner of Archer’s land. However, without Calvin’s labor in killing Bob, Bob would still be occupying Delia’s territory. Thus, both Calvin and Delia have legitimate property claims. They may resolve this issue by one of the two methods available to anyone: reason or force. With reason, they may negotiate a fair settlement in which Calvin is compensated for his efforts and Delia reclaims her property minus the compensation. With force, they may fight, which will end in the first case if one kills the other. Short of this, fighting will only alter the particulars of a fair settlement or lead to the fourth case described below.

Family vs. Family

Because the moral limitations of groups are no different from the moral limitations of individuals, we may now extend these results to consider conflicts between small groups. For our fourth case, let us modify the third case by giving spouses to Calvin and Delia. Let there also be other people somewhere who can procreate with the aforementioned people, but do not otherwise involve themselves with the property concerns at hand. Suppose that Calvin and Delia do not resolve their issue, and Calvin continually occupies the property. Calvin and Delia each have offspring, then several generations pass such that Calvin and Delia are long dead. The descendants of Delia wish to reclaim their ancestral homeland from the descendants of Calvin. But do they have the right to do so? Calvin and his descendants have spent generations occupying and laboring upon the land, thus continually demonstrating and renewing their property rights. Delia and her descendants have not. One might argue that an injustice was done to Delia by Calvin, but the responsibility for crimes dies with the people who commit the crimes, and debts do not rightfully pass from one generation to another. This is because the descendants were not involved in the disputes between their ancestors, being as yet unborn. Therefore, they are not responsible for any wrongdoing that may have occurred, being non-actors in the disputes of their ancestors. The answer, then, is that the descendants of Calvin are now the rightful owners and the descendants of Delia have lost through abandonment the claim that Delia once had.

Man vs. Society and Family vs. Society

Next, let us consider issues that may arise when a single person has a property conflict with a large group of people. Though it is not a priori true that a single person will always be overpowered by a group, this is the historical norm, and it has occurred with sufficient frequency to take this as a given for our analysis. For our fifth case, let us reconsider the first case, only now Bob is replaced by a society. Let us call them the Bobarians. The morality of the situation does not change; if the Bobarians physically remove Archer and occupy his land, then the Bobarians who occupy the land are guilty of robbery and possessing stolen property while those who willfully aid them in doing so are accessories to these crimes. If the Bobarians demand that Archer obey their commands and pay them tribute, then they are guilty of extortion. Archer has a right to use any means necessary to reclaim his liberty and property, however unlikely to succeed these efforts may be. If the Bobarians kill Archer either during their conquest or afterward, then those who kill him are guilty of murder and robbery. But if Archer is dead without an heir, and there exists no other group of people capable of holding the Bobarians accountable for their crimes, then the Bobarian conquest of Archer’s property is valid de facto even though it is illegitimate de jure.

For our sixth case, suppose that Archer does have surviving heirs who wish to take back the property which has been stolen from them by the Bobarians. All of these Archerians have been wronged by the Bobarians, and thus have a right to reclaim the stolen property. But just as before, this needs to occur within the lifetimes of the conquerors and their supporters because descendants are not responsible for the crimes of their ancestors. Note if the Archerians had a timeless right to return to their ancestral lands or collect reparations from the Bobarians, it would encourage the Bobarians to finish exterminating them in order to prevent an effort to retake the land in future. A standard which encourages mass murder is questionable, to say the least.

Society vs. Society

The last set of issues to consider concern conflicts between societies. For our seventh case, let us consider what role might be played by another group who wish to hold conquerors responsible for their murder and thievery. Let us call them the Calvinites, after the role of Calvin discussed earlier. Suppose they witness the Bobarians kill Archer and all of his relatives to take their lands, as in the fifth case. What may the Calvinites rightly do? Of course, they may denounce the conquest and engage in social and economic ostracism of the Bobarians. But this is hardly sufficient punishment for the Bobarian aggression, nor does it do anything to deprive criminals of their ill-gotten gains. As per the second case, there is no moral prohibition on the Calvinites physically removing the Bobarians from the former Archerian lands by any means necessary. All Bobarians who took part in the conquest or aided the effort are fair targets for defensive force, and any innocent shields killed in the process are acceptable losses. Should the Calvinites succeed in removing the Bobarians, they become both the factual and rightful owners through their labors of justice.

For our eighth case, let us modify the seventh case by having some Archerians survive the Bobarian assault. With many Archerians dead and the rest in exile, the Calvinites intervene. The Calvinites succeed in removing the Bobarians from the Archerian homeland. The Archerians seek to return to their land. As in the third case, the surviving Archerians can come to terms with the Calvinites to resettle their lands and compensate them for their efforts in removing the Bobarians, try to remove the Calvinites by force, or let the Calvinites have the land and go somewhere else. A war between the Archerians and Calvinites will only result in alternate terms of negotiation or the Archerians leaving unless one side completely exterminates the other. If the Archerians leave and the Calvinites stay for several generations such that the original disputants die off, then as per the fourth case, the Archerians lose the right to return because the Calvinites now have the legitimate property claim.

The ninth and most important case to consider in terms of real-world occurrence is that of incomplete conquest, in which a conqueror does not exile or exterminate a native population, but instead conquers them for the purpose of ruling over them. Suppose the Bobarians seek not after an Archerian genocide, but only to annex them into the Bobarian empire. Of course, the Archerians have every right to resist their new rulers; there is not even the illusion of consent of the governed in such a case. But unlike the cases discussed above, a state apparatus initiates the use of force for as long as it operates. Whereas a forced exile or extermination is a crime typically done by one generation of people, a long-term occupation for the purpose of collecting taxes and/or breeding out the natives over the course of generations is a continuing criminal activity. In such a case, the Bobarian occupation will never become just and the Archerians will always have the right to declare independence and remove them. This only becomes difficult to resolve to the extent that Bobarians intermarry with Archerians and produce mixed offspring, but the historical norm is that cultural and genetic vestiges of an occupation remain with a people long after they declare independence from and remove an occupier. After all, the individuals born of such conditions cannot help their lot, the actions of particular individuals are not necessarily representative of the state apparatus, and carefully excising such a cultural and genetic legacy is generally impossible without committing more acts of aggression.

Conclusions

Through application of these nine cases to real-world circumstances, one can theoretically resolve most of the property disputes between population groups, however unlikely the disputants may be to accept these results. What cannot be justified through these examples, however, are the interventions of the state concerning instances of conquest. Any good that a state may do by punishing conquerors is fruit of a poisoned tree, for the state acts as a conqueror over its own people, extorting them for resources and demanding obedience to its edicts. Instead, this is an appropriate role for individuals and private defense agencies who may free oppressed peoples and take payment either in monetary terms or through property claims over territory that has been conquered and liberated from occupation. The libertarian must be wary of state efforts to imitate the market by hiring private contractors or issuing letters of marque and reprisal for the purpose of bringing conquerors to justice.

There is a legal maxim that justice delayed is justice denied, and the libertarian analysis of conquest shows that this is doubly true; not only does a delay in the provision of justice allow injustice to persist, but given enough time, it renders the plaintiff’s grievances invalid. This amounts to a natural statute of limitations and statute of repose, meaning that the arbitrary and capricious statutes of limitations and repose imposed by statist legal systems is generally unnecessary, at least with regard to the property crimes and crimes against the person involved in conquest. In this sense, the libertarian theory of conquest naturally stresses the urgency of seeking justice in a way that statist legal systems can only attempt to simulate.

Another legal expression reinforced by this analysis is that possession is nine-tenths of the law. The idea is that the current possessor or occupant of physical property is assumed to be the owner unless a stronger ownership claim by someone else is proven. This must be the case because the only other consistent position would be to assume that the current possessor or occupant of physical property is not the owner, which quickly leads to absurdity as claims rush in from people who wish to take all manner of property and continually redistribute it ad infinitum.

Finally, one might misconstrue the above analysis to say that libertarian theory defends the idea that might makes right. But in order to believe this, one must ignore all of the arguments in favor of defensive force to separate conquerors from the spoils they have taken. Rather, the libertarian theory regarding conquest recognizes and respects the fact that might makes outcomes. This is a fact which will never change; the only thing that changes throughout space and time is who will have might and how much power disparity will exist between opponents.