Book Review: Libertarian Reaction

Libertarian Reaction is a collection of fifteen essays by Insula Qui. The book explores various issues from a libertarian reactionary perspective. The book is divided into three sections; one focusing on reaction, one focusing on liberty, and a long final essay.

The first part begins with an essay on the limits of libertarian ethics. In Savages, Qui deals with several types of humans who cannot be properly be considered people, and must instead be dealt with as lesser beings. The point that there is a difference between colonialism (the imposition of law and morality on people who have no rational conception of it) and colonization (a parallel development of law and morality while not imposing upon others) is important and oft-overlooked. The essay finishes with a denunciation of both Islam and communism as incompatible with libertarianism if each is to be practiced rigorously. The arguments are correct but elementary, which the author has since remedied elsewhere.

In Borders And Liberty, Qui weighs in on the debate over border policy, concluding that while state immigration restrictions are not libertarian and the only justifiable borders are private property boundaries, closed borders are a lesser evil than the forced integration imposed by modern states. He recommends restoration of the right to discriminate, sponsorship of and vicarious liability for immigrants by those who wish to bring them in, and elimination of welfare programs as methods of improving the current situation. References to support the assertions regarding demographics would improve the case made here.

Prerequisites for Liberty deals with the problem of humans who are not savages as described in the first essay but are nonetheless inclined to aggressive violence. Again, references to support demographic arguments would be helpful. Qui notes several obvious but underappreciated truths here, most notably that a libertarian social order cannot exist below a certain intelligence level, as this would preclude people from understanding the necessary rules of such an order. He correctly states that some people may convert to libertarianism by seeing it in practice instead of reaching it through reason. In fact, this is by far the more likely method of conversion in the near future. The role of hedonistic practices in damaging a social order are discussed, as is the folly of accepting non-libertarians into libertarian circles simply to grow numbers.

The next essay is Voluntary Ethnic Separation, and it explains the difference between what libertarianism requires one to accept and the common caricature of all such ideas as hateful racism. Qui shows great insight in tackling common leftist arguments here. He also makes the important point that collectivism can arise as a benign heuristic to help with decisions because people lack the capacity to deal with individuals beyond a certain point. However, the same demographic claims resurface without proper support. Finally, the point that ethnostatism could be a step toward breaking up large nation-states into more local forms of governance is overlooked by most libertarians, but not Qui.

The Antistatist Case for Monarchial Government is a longer essay that Qui included despite having changed his views on the matter, as he views it as being theoretically important. He makes a distinction between government (a manager of land and provider of essential services) and state (an entity that exercises a monopoly on initiatory force) which is lost on many people. He also explains that while a libertarian society would be imperfect, a state has even worse inefficiencies. Later, Qui hints at a potential problem with wilderness areas falling victim to a tragedy of the commons, but this could easily be solved by homesteading such areas. There are two significant errors here: a lack of accounting for the arguments made by Stefan Molyneux and others in favor of private dispute resolution organizations with regard to how law courts could function without a state, and a contradiction concerning redistribution and efficiency. The final part of the essay reads much like Hans-Hermann Hoppe’s case that monarchy is superior to democracy, and is reminiscent of the real-world example of Leichtenstein.

Qui tackles an uncomfortable issue that perhaps interests too many people in libertarian circles with The Libertarian Solution to the Age of Consent. He quickly rebuts the left-libertarians who wish to let children make decisions regarding sexual conduct, describing parenting of young children as a sort of regency until the child gains the ability to use reason. But Qui errs in saying that damages done by improper parenting are no different from any other sort of crime, as one can never truly be made whole from the lifelong detriments caused by improper parenting.

Dysgenics and Market Nobility discusses the corruption of the phrase “all men are created equal” from a statement of equality before the law into a belief in human biological uniformity. In doing so, he distinguishes between the natural elite of a free society and the power elite of a statist society, which are often conflated by leftists. Qui then explains how the two tend to work together in statist societies to keep the same families at the top for centuries rather than let the rags-to-riches-to-rags cycle properly play out. The essay then turns toward dysgenics, which refers to programs that have the opposite of a eugenic effect. The roles of feminism, sexual liberation, and welfare statism are examined in this light.

The first part concludes with Civilization and Natural Law, which makes unconventional but strong arguments in favor of censoring and physically removing people on the basis of their political opinions. Qui’s case is more utilitarian and reserved than it needs to be, but he still reaches the correct result that freedom of speech is a privilege that comes with owning property, not a fundamental right. He then finds that the solution to intractable differences between people and groups is mutual discrimination and exclusion, as forced integration necessarily results in racial tensions.

The second section begins with The Freedom of Government, which revisits themes from several of the previous essays. Qui makes a powerful case that people who claim to believe in democracy but deny people the self-determination to choose their form of governance are charlatans. He also observes that a large enough number of small monarchies is effectively equivalent to a libertarian social order. The only problem with this essay is brevity, as more explanation of each point would greatly improve the presentation.

The Curse of Citizenship explores how the modern state makes its subjects into cogs of its machine through citizenship as a legal concept. Qui shows that democracy, contrary to leftist propaganda, only makes this worse by providing an otherwise absent appearance of legitimacy. He correctly recognizes the futility of localism as an ultimate strategy, as it fails to account for the supremacy of higher levels of government. But his contention that “corruption within the state is nothing other than the people who are creating the illusion themselves being aware of the illusion” is misguided; one can have this knowledge without weaponizing it into corruption, and one can be corrupt without such an awareness.

In The Role of Co-Operation in Competition, Qui refutes several myths about capitalism. First, he proves that capitalism is not as anti-social as its critics claim. Second, he corrects the misconception of competition as being necessarily aggressive in nature. Third, he explains how competition can actually be a form of cooperation, in that individuals or groups can agree to compete in order to find out which methods are superior. Qui segues into several examples of cooperation that are not strictly competitive, such as food companies co-marketing with drink companies and agreements between private road companies. To complete the argument, he examines how the contrapositive is also true; namely, that removing competition also removes an incentive to cooperate. He finishes with a brief discussion of cartels and makes the insightful observation that a labor union is not commonly recognized as a cartel, despite functioning much like one.

It is only in Reverse Claims to Property that Qui truly goes off the libertarian reservation in his thinking, though he admits at the beginning that he may be doing so. Here, he tries (and fails) to invent an inverse of property rights to resolve questions of state-occupied property and wilderness areas. Qui again neglects other libertarian theories on how to deal with pollution. This un-ownership would, as he suggests, legitimize rights violations in some cases.

In Who Watches the Watchmen, Qui explores the libertarian answer to this age-old question, namely that the watchmen (in the form of private defense agencies) all watch each other. Here he enters an off-topic though informative discussion on the impossibility of eliminating the state by democratic means. He then returns to the topic to find that re-establishment of a state is the worst case scenario in a stateless society, but all economic and military incentives work against it. That it is the worst case means that all other outcomes must be better, setting this particular objection on its ear.

National Defence Without Coercion is the last essay in the second part, and it deals with the subject at length. Qui begins by noting the common fallacy committed by statists: using a state to defend people against other states does not change the fact that people are subjugated by a state; it only changes which state is in control. He covers the basics of how a private defense agency should function, but is a bit too enamored with nationalism. His comparisons between a private defense agency and an insurance company make one wonder where such arguments were in earlier essays. The latter part includes some novel thought on how the facilities of a private defense agency might be employed in other ways during peacetime. The conclusion discusses the difference between pre-modern gentlemen’s war and modern total war, with libertarianism likely to end modern warfare and return us to the less destructive pre-modern type of warfare. This essay and the previous essay could have been combined.

The final part consists of one much longer essay titled Examining Cultural Destruction. Qui examines the causes and symptoms of cultural decay, then proposes solutions. The role of the state and central banking in reducing time preferences is explained, then Qui shows how capitalism makes this worse not by being bad in and of itself, but by amplifying whatever inputs it receives. Egalitarianism is blamed in the Rothbardian sense of a revolt against nature, as is the loss of autonomy and identity that statism causes. Symptoms of these causes are identified as the demonization of productive work, the collapse of stable interpersonal and family relationships, the loss of spiritualism and hierarchy, the ascent of shallow materialism, the prevalence of escapism, and the expansion of empiricism into inherently rational disciplines. To solve these problems, Qui recommends absolute private property rights, abolition of central banking and as much of the state as possible, and a restoration of traditional values.

The first word that comes to mind when describing the entire collection is ‘incomplete.’ Qui lacked an editor for the book, and it shows. The grammatical constructions and punctuation are frequently in need of revision, and each of the essays would benefit from a much deeper bibliography. But the thoughts expressed therein are sufficiently intriguing to merit reading despite these flaws.

Rating: 4/5

Authority, Anarchy, and Libertarian Social Order

On May 8, Fritz Pendleton published an article at Social Matter in which he argues that liberty is best preserved by authority rather than anarchy. He then proceeds to launch a misguided attack against libertarianism, all while misunderstanding authority, anarchy, liberty, and the nature of a libertarian social order. Let us examine what is wrong with Pendleton’s case on a point-by-point basis.

Stateless In Somalia

Pendleton begins with the old canard of Somalia-as-libertarian-utopia, though to his credit, he does not invite all libertarians to emigrate there. His description of the situation is essentially correct:

“It is a patchwork of warlords who have each parceled out a slice of mud to call his own, to rule according to his whims and fetishes. There are the Islamic warlords of al-Shabaab in the south, the government strongmen who collaborate with al-Shabaab when it suits them, the Somaliland separatists who want a separate nation in the north, and a thousand other men of questionable loyalties.”

Pendleton claims that “it takes a certain type of idiot to look at Somalia and see something promising,” then that “it requires an idiot of some erudition to see promise in a failed state like Somalia.” These are not equivalent. To look at Somalia and see something promising is to examine the entirety of their culture and find that there is at least one idea which could be adopted elsewhere to improve another society. To see promise in a failed state like Somalia is to believe that the situation in that particular place can be greatly improved in the foreseeable future. The former endeavor makes far more sense than the latter.

Though he is correct to say that “libertarians are interested in Somalia primarily because its central government is weak and has no effective presence throughout most of the nation,” his assertion that anarchy is not an effective solution to much of anything is confused. An absence of rulers is not meant to be a solution to anything in and of itself; its role in libertarian theory is to remove the statist intervention in the market economy that inhibits and/or prevents individuals from working together to find effective solutions to problems. Pendleton’s passing mention of human biodiversity is also misplaced, as the best means of analyzing anarchy in Somalia is to compare it to statism in Somalia, not to anarchy elsewhere or statism elsewhere. We are thus considering the same thede under different conditions rather than different thedes under the same conditions. His claim that “whatever the merits of decentralization in theory, in practice it mostly involves being subject to the whims of the local warlord and his cadre” is particular to the current cases of failed states. There is good reason to believe that a controlled demolition of a state apparatus by people who wish to impose a libertarian social order would not be like this because the people would have the will and means to disallow it. Even so, a nation-state government is essentially a warlord writ large. Localizing this evil and reducing its strength makes it easier to bribe, escape, or overthrow, which is a definite improvement.

Pendleton claims that a libertarian must search hard to find supporting evidence in Somalia, but the evidence is clear. Before Mohamed Siad Barre’s regime fell in 1991, the annual birth rate was 0.46 percent, the infant mortality rate was 11.6 percent, the life expectancy was 46 years, the annual death rate was 0.19 percent, the GDP per capita was $210, the adult literacy rate was 24 percent, and 35 percent of the people had access to safe water. The most recent measurements are that the annual birth rate is 0.40 percent (2016), the infant mortality rate is 9.66 percent (2016), the life expectancy is 52.4 years (2016), the annual death rate is 0.133 percent (2016), the GDP per capita is $400 (2014), the adult literacy rate is 38 percent (2011), and 45 percent of the people have access to safe water (2016). The telecommunications and money transfer industries have also improved to offer some of the best service in Africa.

It is easy to argue, as Pendleton does, that these improvements are negligible from his relatively cushy first-world environs, where such improvements on either a real or a percentage basis are barely noticeable. But in the third-world hellhole that is Somalia, such improvements can be the difference between life and death, not to mention the difference between having some basic quality of life or not having it. His claim that anarchy is not much different than communism is asserted without evidence and may therefore be dismissed without evidence.

The Case of Tudor England

Pendleton seeks to contrast the anarchy of Somalia with the historical Tudor monarchy of England. His contention that giving people more freedoms is not a prerequisite for a well-run society is technically correct but beside the point. The fact is that a society need not be ‘run’ at all in the sense of top-down management by a ruling class. People can (and in the absence of interference, do) form voluntary associations to solve problems without being ordered around at gunpoint by government minions. That people have flourished in times of gentle oppression, a strange phrase indeed, says more about human resilience than it says about the merits of oppression.

He continues,

“Henry VII and VIII set in motion a series of clever reforms that reached a climax during the rule of Elizabeth I. England had finally found its stride. It must be noted that Elizabethan England, despite its relative freedom, was not keen on handing out legal recognition of liberties to its people. The era was one of unapologetic centralization. The crown’s subjects were given no guarantees of free speech at all; in fact, the censors worked hard and fast to clamp down on anything they perceived as dissent. Freedom of speech was still very far over the political horizon. And yet, despite the book burnings, despite the cages, despite the severed heads around London Tower, the Elizabethan era gave us Shakespeare, Marlowe, Spencer, Jonson, and Bacon. Imagine an era that gave the English language so much genius and not one assurance of free speech to go with it!”

One must ask whether this occurred because of oppression or in spite of it. It is possible, of course, that the great writers of the day produced such memorable works because the adversity of censorship forced them to innovate novel speech patterns in order to evade the censors. In an earlier age, Chaucer gained a lasting place in the canon of English literature for doing just that. But one must wonder, what potential was wasted? What great works were never penned because their would-be-authors feared for their lives? Perhaps the literary marvels of Elizabethan England were due to its relative freedom rather than its censorship, and more liberty would have been better.

Pendleton asks us to consider that the Elizabethan era was when the British Empire began in earnest, but does not explain how this happened. Spain, Portugal, and even France were ahead of England in colonizing the New World and expanding trade routes in the latter half of the 16th century. It was not until Elizabeth died and James VI and I became King of Scotland and England that the English shifted their attention from attacking the colonies of other nations to the business of establishing their own overseas colonies. The burdensome regulations of the day may disappoint a contemporary libertarian, but the English trade policies were about as good as there were at the time.

Chile and Singapore

Next, Pendleton presents Augusto Pinochet’s Chile and Lee Kuan Yew’s Singapore as examples of anti-libertarian success stories. Both pursued economic liberty while restricting social and political liberty; as Pendleton says of the left-libertarians, “a libertarian would rather choke on his bow-tie than defend [their political policies].” Though left-libertarians tend to recoil at such measures, a reactionary understanding of libertarianism provides quite a different view. The libertarian reactionary understands that the desired goal of a libertarian social order can only be achieved by physically removing the state from power. Doing this, however, requires a critical mass of the population to use self-defense against the current system. If such a critical mass is absent, then those who seek liberty must turn to other methods. Those libertarians who are capable of checking their autism and doing what is necessary within context may come to support a Pinochet- or Yew-type for the purpose of restoring a balance of political terror. The idea is for libertarians to use a reactionary authoritarian approach in order to suppress leftists and reverse the damage they have done, overthrow the regime once the left is defeated, then maintain the power vacuum by continuous application of defensive force. Furthermore, a libertarian social order will not necessarily offer a great deal of social and political liberty, especially to those who do not hold allodial title over private property and/or disagree with anarcho-capitalism. As Hans-Hermann Hoppe explains,

“As soon as mature members of society habitually express acceptance or even advocate egalitarian sentiments, whether in the form of democracy (majority rule) or of communism, it becomes essential that other members, and in particular the natural social elites, be prepared to act decisively and, in the case of continued nonconformity, exclude and ultimately expel these members from society. In a covenant concluded among proprietor and community tenants for the purpose of protecting their private property, no such thing as a right to free (unlimited) speech exists, not even to unlimited speech on one’s own tenant-property. One may say innumerable things and promote almost any idea under the sun, but naturally no one is permitted to advocate ideas contrary to the very purpose of the covenant of preserving and protecting private property, such as democracy and communism. There can be no tolerance toward democrats and communists in a libertarian social order. They will have to be physically separated and expelled from society.”[1]

This is quite similar to the standard of no voice and free exit advocated by Nick Land and some other prominent neoreactionaries. The only real difference is that the libertarian reactionary is especially concerned with making the sovereign units as small as possible. It is worth noting that both proposals blend anarchy with authority, in that there is an irreducible anarchy between sovereigns who have authority within their private properties.

Pendleton wonders how Singapore would have preserved liberty in the midst of conflicts between the various ethnic groups present there without Yew’s rule, and how the various religious groups could have been kept from fighting in England without Elizabeth I’s despotism. The possible answers to such questions are the same in each case. First, groups may hire neutral third parties to resolve disputes. Second, the groups may voluntarily segregate themselves so as to avoid contact with each other. Third, some groups that cannot get along with others may have a mass exodus. Fourth, a troublemaking group may be forcibly exiled by all of the other groups. Fifth, each side may be armed to such an extent as to create peace through mutually assured destruction. Sixth, the groups may simply choose to fight it out, as some hostilities reach a point of no return. In the first five cases, the preservation of liberty is maximized. The sixth case is far more troublesome, but such quarrels can be formalized and separated so as not to catch innocent bystanders in the crossfire. A system of dueling has filled this role in many historical societies. There are thus many options other than authoritarianism for preserving liberty; the only question is whether people care to utilize them.

Libertarianism and Reaction

Pendleton writes,

“The reactionary and libertarian both agree that small governments are good. But the reactionary feels that small governments are made not by relinquishing authority, as the libertarian would do, but by strengthening it. Liberty is too precious to be entrusted to anarchy in the same way that diamonds are too precious to be entrusted to one’s doorstep.”

Here, he misunderstands what a libertarian would do, at least those who are not leftists. A libertarian reactionary seeks not to relinquish authority, but to make it as absolute as possible in the hands of the private property owner within that person’s private property. And contrary to Pendleton, liberty requires anarchy because the freedom to do as one wishes as long as one respects the right of other people to do likewise and commits no aggression against them is violated by a state apparatus by definition. If a state is present, it will fund its activities through taxation and civil asset forfeiture, take private property through eminent domain, and restrict the use of property through intellectual monopoly, zoning, and environmental regulations. Its officials and agents will choose the nature of the law and the enforcement thereof, meaning that they rule the law and not vice versa. Its enforcers will initiate the use of violence against people who are known to disagree with government statutes and acts upon their disagreements, thus presenting a constant threat to peace. Its agents are allowed to do that which is considered criminal for anyone else to do, and the system is set up to keep them from being held to account. It will force people to associate with it regardless of whether they want to use or pay for its services. Therefore, it is clear that liberty cannot be protected by state authority; such a threatening protector is a contradiction of terms.

Final Arbitration

Next, Pendleton presents a case to make the ‘final arbiter of disputes’ criticism of libertarianism:

“Suppose we have one of those highly attenuated legal battles where the details of the case are complicated and emotionally charged. Let us suppose that a drunk driver crashed into a tree and his passenger was killed when she flew through the windshield; she had not worn her seat belt. The grieving husband of the passenger demanded compensation from the driver to help take care of his kids in place of his now deceased wife. Daycare is expensive these days, after all. The driver apologized profusely but pointed out that the passenger was just as responsible for her death because she was not buckled into her seat. The husband countered by saying that the belt would not have been an issue if the driver had not been drunk and crashed into a tree.

Since these men live in a libertarian utopia, there is no superseding legal authority to arbitrate: a third-party arbitration company will have to be hired. Now let’s suppose that one of these arbitration companies is owned by a brother-in-law of the driver, and not surprisingly, the driver only agrees to hire that company. The husband refuses. The driver in turn refuses to pay any compensation whatsoever. The furious husband now threatens to kill the wife of the driver to make him understand what it feels like to lose a loved one.

How can any libertarian who sings the praises of anarchy not see how this situation will only continue to escalate? How can there be any justice for the woman who lost her life in the original crash and what about the violations of liberty that will ensue when this conflict devolves into a family feud? If there had been one authority to take control of this dispute the liberties of everyone involved would have been much more safely guarded. In a world where emotion forms the greater part of human action, liberty requires authority.”

This situation may be resolved in advance through contracts. The owners of the road set the conditions for operating vehicles on their private property, with violators subject to physical removal not unlike the traffic stops, arrests, and impounding of vehicles today. They may demand that everyone using their roads have arbitration services which do not involve such conflicts of interest, and contrary to some myopic analysis to the contrary, are almost certain to frown upon drunk drivers. They might even have all cars on their roads driven by robots, which nips this scenario in the bud. Failing this, a person who has committed an offense and refuses to make restitution can be ostracized from society until compliance is gained. Furthermore, such a person may rightly be forced to make restitution because an unrepentant aggressor is not subject to the non-aggression principle through his continuing violation of it. The driver’s wife, however, is an innocent bystander unless she was responsible for getting him drunk and/or making him drive while intoxicated. Threatening her absent these conditions makes the widower an aggressor to be subdued. As a libertarian society would have several private defense agencies available to handle such applications of defensive force and almost everyone would have a protection policy with one of these companies, an escalation is quite unlikely. Even if this kind of situation does escalate, it pales in comparison to the carnage wrought by the one authority that Pendleton defends. States were responsible for 203 million democides and war deaths in the 20th century alone. This is hardly a price worth paying to stifle a few family feuds.

More generally, a final arbiter of disputes cannot exist because no person or institution can absolutely guarantee that any issue will be resolved forever with no possibility of review. The way that disputes ultimately end in any social order is that some party finds the dispute to no longer be worth continuing. Everything else, whether statist courts and legislatures or anarchic arbitration services and private defense agencies, is simply window dressing on this immutable truth.

Of Rules and Rulers

Pendleton writes,

“A libertarian who is honest with himself has to ask why even jungle tribes have a chief and why high schools have hall-monitors. Human beings require authority, and if authority is to mean anything at all, it requires the power of compulsion; liberty cannot last long in a nation that thinks of its authority as a polite suggestion.”

It is important to understand the true meaning of anarchy. Anarchy comes from Greek ἀναρχία, which is typically translated as ‘without rulers.’ More precisely, it means ‘without beginning to take the lead.’ This is not the same as ‘without rules’ or ‘without leaders.’ Having a ruler means that there are no rules because the ruler has authority over the rules and not vice versa. That the lead is not taken does not mean that no one can lead because leadership can be freely given. This is well-understood in every aspect of life other than politics. In the words of Mikhail Bakunin,

“Does it follow that I reject all authority? Far from me such a thought. In the matter of boots, I refer to the authority of the bootmaker; concerning houses, canals, or railroads, I consult that of the architect or engineer. …But I allow neither the bootmaker nor the architect nor the savant to impose his authority upon me. I listen to them freely and with all the respect merited by their intelligence, their character, their knowledge, reserving always my incontestable right of criticism and censure. I do not content myself with consulting authority in any special branch; I consult several; I compare their opinions, and choose that which seems to me the soundest. But I recognize no infallible authority, even in special questions; consequently, whatever respect I may have for the honesty and the sincerity of such or such an individual, I have no absolute faith in any person. Such a faith would be fatal to my reason, to my liberty, and even to the success of my undertakings; it would immediately transform me into a stupid slave, an instrument of the will and interests of others.”[2]

Additionally, compulsion and initiatory force are not equivalent. This is because compulsion may take the form of defensive force or of less violent means such as shaming and ostracism. Thus, if human beings require authority (and Pendleton does not prove that they do), a libertarian social order is quite capable of compelling people through contract law, ostracism, and private military forces.

Mischaracterization

Pendleton laments that not many libertarians will be swayed by his arguments, but does not understand why. It is not the case that libertarians are “far too busy sketching intricate political systems on paper to be bothered with considerations of human psychology.” Libertarianism, properly understood, is anti-political; its primary interest in political systems is in finding ways to destroy them without causing unnecessary damage to the social fabric. As for considerations of human psychology, they should lead one to reject the state as an enabler and multiplier of evil in the world. Ultimately, libertarians are not swayed by his arguments because they are easily refuted, as shown both above and below.

The Definition of Liberty

Pendleton writes,

“Liberty, as we now know it, is a set of unquestionable boundaries that are owed to all citizens: the right to peaceable assembly, the right to free speech, the right to a free press, and so on. The problem with these ‘rights’ is that they are very enticing ideas that are very murky in their specifics. They exist in the minds of Americans as a hazy bundle of entitlements, as things that they are owed, rather than things that they must earn.

The greatest problem with this notion of liberty as an entitlement is that once citizens start declaring rights as ‘universal’ and ‘God-given’ there is no mechanism to stop them from continually inventing new ones. The ‘right to privacy’ or the ‘right to universal healthcare’ are muddled ideas that our founding fathers never anticipated. Jefferson and Madison almost certainly would not have approved of them, but they are ideas that have as much legitimacy as America’s own Bill of Rights: if Madison can conjure up new rights with a few quill strokes there is likewise nothing to stop Supreme Court justices from doing the same thing. And so the list of entitlements owed to Americans steadily grows longer as its list of responsibilities dwindles.”

He correctly criticizes the contemporary understanding of liberty in liberal democracies. As I have explained elsewhere, these rights belong to private property owners within the spaces that they own. No one has a right to assemble, speak, print, and so on within private property if the owner disagrees with such activities. Those who would do so are trespassing and thus subject to physical removal. The current problem is that the state has greatly interfered with private property. This is a problem of the commons, and the only solution is to eliminate the commons and return it to private ownership.

From here, as Pendleton realizes, it only gets worse. When people fail to connect rights to logic and ownership of property, or more simply, to thought and action, they confuse negative rights with so-called “positive rights.” These positive rights cannot be valid because their provision violates the negative rights of other people. For instance, a right to healthcare implies that someone must be forced to provide healthcare, even if it against the provider’s wishes to serve that person.

But though he correctly identifies the problem, Pendleton proposes an incorrect solution. He seeks to restore the ancient Roman ideal of liberty rather than to correct the errors in the practice of modern liberty. The Romans viewed liberty in a collective sense, as imposing responsibilities to the state in eschange for individual rights. In truth, liberty is neither a list of entitlements nor a reward for serving society or the state; it is the result of gaining and defending private property. With this understanding, it is not ironic at all that libertarians would condemn a system which subordinates the individual to a collective as fascism (or more appropriately, as communism).

Rationalism and Empiricism

Pendleton claims that the Roman notion of liberty has the example of Singapore while the libertarian has no compelling models; only fantasies and Somalia. Implicit in this claim is a sort of historical determinism that demonstrates a lack of courage and imagination to look beyond what has been and see what is possible but as yet unrealized. As explained above, Somalia has shown improvement without a state. And fortunately, libertarians have more than fantasies; we have a priori theory. In the words of Hoppe, “A priori theory trumps and corrects experience (and logic overrules observation), and not vice-versa.”[3] This is because one may use rationalism without using empiricism, but one cannot use empiricism without using rationalism. That rationalism is independent and empiricism is dependent establishes a clear hierarchy between the two ways of knowing. Of course, this will not convince a strong empiricist of the historical determinist variety, but this has no bearing upon the truth value of the argument.

That being said, it is worth considering why there are no empirical examples of a stateless propertarian society in recent times. The obvious answer is that states initiate violence to sustain their operations, and libertarians have yet to suppress this aggression with enough defensive force to stop it. The other, less obvious explanation is that those who govern in statist systems know at one level or another that their institutions are unnecessary for the functioning of society, but that most people are more empirical than rational in their thinking. It is for this reason that they cannot allow a working example of a stateless society to be created, as this would permanently turn the masses against the state. They thus use force not only to maintain their power, but to ensure that most people never consider alternatives which do not include them.

Conclusion

Pendleton closes by contemplating the issues on the horizon for America, from racial tensions to Islamic terrorists, though he says nothing of the various economic issues. However, the “furious, explosive derailment” he fears is not only unavoidable, but necessary. The current system cannot be fixed; it must end in either a controlled demolition or a chaotic collapse. In any event, the answers are to be found in the restoration and enforcement of private property rights and freedom of association, with physical removal for those who challenge these norms. It is best to work toward emerging from this chaos looking neither like Singapore nor like Somalia, but as something completely novel in time memorial: a functional stateless society of covenant communities.

References:

  1. Hans-Hermann Hoppe (2001). Democracy: The God That Failed. Transaction Publishers. p. 218
  2. Bakunin, Mikhail (1871, 1882). God and the State. Mother Earth Publishing Association. Ch. 2
  3. Hoppe, p. xvi.

Book Review: The Age of Jihad

The Age of Jihad is a book about political unrest in the Middle East by Irish journalist Patrick Cockburn. The book is a compilation of his notes and articles over a 20-year period (1996-2016) while traveling throughout the Middle East. Cockburn did direct reporting where possible, and relied upon first-hand accounts when venturing into certain places was too dangerous.

Cockburn begins with his reporting from Afghanistan in late 2001 as the United States began its intervention to remove the Taliban from power. Next, he shares his experiences of Iraq under sanctions from 1996, 1998, and 2001, followed by his experiences there during the American occupation from 2003 to 2010. This is followed by his next forays into Afghanistan from 2009 to 2012.

The next part of the book focuses on the Arab Spring and the events that followed, with particular emphasis on countries in which the rulers were not quickly deposed. Cockburn begins with the Libyan Civil War of 2011 that removed Muammar Gaddafi from power, along with the difficulties that followed. Sectarian violence in Yemen from 2009 to 2015 and the failed uprising in Bahrain in 2011 each get a chapter.

The last part of the book covers recent developments in Syria and Iraq. First, the Arab Spring in Syria and its development into the Syrian Civil War from 2011 to 2014 is discussed in two chapters. Another two chapters are devoted to the contemporaneous destabilization of Iraq. This culminates in the rise of ISIS and the establishment of the Caliphate, in and near which the final four chapters take place.

The book gives important insight into just how terrible daily life is for people in war-torn lands, including the near-absence of basic utilities, shortages of essential items, rampant unemployment, and fear of mistreatment both from rebel groups and one’s own government. The book is filled with anecdotes of behavior which have not been seen since the Renaissance in the West, and knowledge of this behavior helps to explain animosity toward migrants from that region. The reader may be familiar with some of the events described, but almost anyone would find new information somewhere in the book.

One comes away from the book with a sense that both Western and regional powers had to be trying to perform so poorly. Western powers sought to punish Saddam Hussein without regard for the Iraqi people who bore the brunt of sanctions. They ignored cultural attitudes and sectarian divisions while turning a blind eye to mass corruption that greatly weakened the nation-building projects in Afghanistan and Iraq. They removed dictators who were stabilizing forces, thus creating power vacuums which were filled by al-Qa’ida and its affiliates. It is difficult to be so maliciously incompetent without intending to do so.

Overall, Cockburn does an excellent job of conveying the reality on the ground in most of the conflicts in the War on Terrorism and the Arab Spring. The only real improvement would be to add sections on recent events in Egypt and Tunisia, which only get passing mentions as sources for jihadists in other places. The Age of Jihad belongs on the bookshelf of any serious student of recent history, the Middle East, revolutions, war, and/or the effects of foreign intervention.

Rating: 5/5

20 Reasons Why Gary Johnson Will Not Be Inaugurated

On January 20, barring any extraordinary circumstances, 2016 Republican candidate Donald Trump will be inaugurated as the 45th President of the United States. Needless to say, this means that Libertarian candidate Gary Johnson will not be inaugurated. There are a multitude of reasons for this, some of which are common to all third-party candidates, some of which affect the Libertarian Party in particular, and some of which are specific to the Johnson himself. Let us examine all of them in that order and see why Johnson not only lost, but failed to earn 5 percent of the vote against two of the least popular major-party candidates ever to seek the Presidency.

I. All Third Parties

a. Duverger’s Law

Duverger’s Law holds that plurality-rule elections (such as first past the post) structured within single-member districts tend to favor a two-party system. Duverger suggests two reasons for this; some smaller parties ally together to make a stronger party, and other smaller parties fail because voters abandon them. A purely statistical restrictive feature is that because the system rewards only the winner in each district with political power, a party which consistently loses will never gain political power, even if it receives a sizable minority of votes. There is also the matter of polarization; if a large group of voters support a candidate who is strongly opposed by another large group of voters, defeating that candidate is easier if they do not split their votes among multiple candidates. Furthermore, evolutionary psychology suggests a possible genetic basis for a left-right two-party political system.

b. Electoral College

The American system for electing presidents contains an additional barrier to third parties: the Electoral College. Rather than a direct popular vote, the winner of the popular vote in each state gains a number of electors which depends on the population of that state. This amplifies the effect of Duverger’s Law by making all losing votes in each state worthless for gaining the Presidency. This effect was seen in the 1992 election, when Ross Perot earned 18.9 percent of the national popular vote but failed to earn any electoral votes, as he did not come in first place in any state. This result has made people in recent elections more likely to view third-party campaigns as a wasted effort. Another historical example is the 1912 election, in which Theodore Roosevelt’s candidacy caused Woodrow Wilson to win far more electoral votes than his popular vote percentage would suggest.

c. Media Coverage

If a candidate is unlikely to achieve political power, then it makes little sense for the media to devote significant airtime to covering that candidate’s campaign, activities, and policy positions. Diverting media to a third-party campaign might also incur the wrath of the major parties, who could view such a move as a conspiracy between the media and the third party to upset the established order and respond with censorship measures. With the advent of the Internet and social media, this barrier is breaking down, but it is not yet gone.

d. Funding

Part of the purpose of funding a political campaign is quid pro quo; in other words, wealthy donors expect something in return for their patronage. In fact, studies show that there is no better return on investment for a corporation’s capital resources than to bribe politicians, which can generally only be done legally by funding their campaigns or their SuperPACs. If a candidate and/or party is unlikely to achieve political power, then funding them is a waste of capital. Furthermore, funding them may invite a backlash from one’s fellow oligarchs, who do not wish to see the system that benefits them be upended by a new political force.

e. Ballot Access

Like most groups which manage to consolidate power, the Republicans and Democrats abuse it. Regardless of whatever disagreements they have, they routinely agree that no other party should gain a foothold in the institutions of power and act in concert accordingly. The most common way of doing this is to pass ballot access laws which greatly favor the two major parties. This is done to burden third parties with expensive and time-consuming efforts to gain thousands of petition signatures in order to gain or keep ballot access. The third parties which cannot succeed in this are eliminated from the ballot and thus eliminated from political contention. Those which do succeed are greatly weakened by the loss of effort, money, and time which could have been spent campaigning for office if there were not such onerous requirements for ballot access.

f. Debate Access

Just as the establishment media is loathe to devote coverage to alternative parties for the reasons discussed above, they also collude with the major parties to deny access to televised general election debates. Since the 1988 election, the Republicans and Democrats have used the Commission on Presidential Debates that they created to effectively silence third-party candidates in general election debates (with the exception of Perot in 1992, but this was only because both major-party candidates believed that Perot’s presence was in their self-interest). This creates the appearance in the minds of voters that the two major-party candidates are the only legitimate choices.

II. The Libertarian Party

a. Inherent Contradiction

Libertarianism is a philosophical position on what constitutes the acceptable use of force. It says that initiating the use of force is never acceptable but using force to defend against an initiator of force is always acceptable. Taken to its logical conclusion, libertarianism requires anarchy and views the state as an institution of violent criminality. This is because the state is a group of people who claim and exercise a monopoly on initiatory force within a geographical area.

With this in mind, the Libertarian Party contains an inherent contradiction, in that it is a political party devoted to anti-politics, an attempt to use the current system in order to destroy it. In the words of Christopher Cantwell,

“Any libertarian who tells you he is trying to win an election is either lying to you about trying to win the election, lying to us about being a libertarian, or terribly misinformed. As far as we’re concerned, elections are a bad thing. We’re trying to end them, not win them.

The nature of the State is to make false promises to bait support from the people it victimizes. They promise to protect you from boogeymen; they promise to solve your economic problems; they promise to carry out the will of your deity. We see this as completely ridiculous; we know it will fail, and we know that most people are stupid enough to swallow it hook, line, and sinker, so we cannot compete with it in a popular vote.

Libertarians are anarchists, whether they realize it or not. Even the ones who are delusional enough to think that they are going to get elected and restore the bloody republic are little more than useful idiots who are repeating anarchist propaganda for us through channels normally reserved for government. The goal is not to win your elections; the goal is to turn a large enough minority against the legitimacy of the State as to make its continued function impossible.”

Though the Libertarian Party has other purposes, such as social networking and educating people about libertarian philosophy, it is hampered in a way that other, non-libertarian third parties are not by its contradictory nature.

b. Principles Over Party

The Libertarian Party brands itself as the Party of Principle, though this is questionable when one considers the candidates who run under its banner. To the extent that this is true, however, it can harm the party’s election results. A principled libertarian will reject the political quid pro quo bribery that allows the major parties to fund their campaigns and maintain their power, and this puts one at a structural disadvantage to the political establishment. As Nick Land explains,

“Since winning elections is overwhelmingly a matter of vote buying, and society’s informational organs (education and media) are no more resistant to bribery than the electorate, a thrifty politician is simply an incompetent politician, and the democratic variant of Darwinism quickly eliminates such misfits from the gene pool. …It is a structural inevitability that the libertarian voice is drowned out in democracy.”

c. Lack of Unity

If an insufficiently libertarian candidate wins the party’s nomination, LP voters are more likely than voters of other party affiliations to support another party’s candidate. In 2016, this manifested in the defection of many libertarians to the Trump campaign (and a small handful to the other campaigns), as well as the quixotic write-in campaign of failed Libertarian candidate Darryl Perry. This results in the LP having less of an impact than it would if its voters came home after a bitter primary to the same extent that voters for the two major parties do. A lack of unity in an already small party is a death sentence for its political influence.

d. Bad Presentation

From the standpoint of a philosophical libertarian, the 2016 Libertarian National Convention was a raging dumpster fire. Candidates voiced support for all sorts of anti-libertarian ideas, the least libertarian candidates for President and Vice President were nominated, a candidate for party chair performed a striptease at the convention podium, and failed presidential candidate John McAfee thought it wise to attack the core demographic of libertarianism. At a time when the Libertarian Party most needed itself to be taken seriously by the American people, the convention did nothing to help the image of libertarianism while doing much to pollute its message and tarnish its image in the minds of voters.

After the convention, the LP spread misinformation concerning what a vote for Johnson could actually accomplish. It turns out that contrary to LP propaganda, 5 percent of the national popular vote does next to nothing for ballot access because ballot access is a state-level issue. The only such law is found in Georgia, but it requires 20 percent of the national popular vote for automatic ballot access in the next election. Lying to potential voters about the impact that they will have for one’s cause is not a recipe for success.

III. Johnson/Weld 2016

a. Lack of Libertarianism

As mentioned above, Gary Johnson was the least libertarian of the five candidates featured in the debate at the convention. Johnson repeated the tired falsehood that libertarianism is social liberalism combined with economic conservatism, supported fixing Social Security rather than phasing it out, claimed that market forces had bankrupted coal companies rather than government regulations, supported for a consumption tax (which drew a round of boos from the audience), advocated regional banks rather than a free market in currency, declined to condemn the atomic bombing of Hiroshima, had no answer as to whether American involvement in the World Wars was justified, supported government involvement in marriage, favored the Civil Rights Act of 1964 (which drew a round of boos from the audience due to parts which violate private property rights and freedom of association), and supported government-issued driver’s licenses (which drew several rounds of boos from the audience). Johnson also has a history of supporting military intervention against Joseph Kony, saying that Jews should be forced to do business with Nazis, wanting to ban Muslim women from wearing burqas, and growing state government spending as governor. William Weld, Johnson’s running mate, was even worse; he was the least libertarian of the four vice presidential contenders by a mile. Weld has a history of supporting affirmative action, eminent domain, environmental regulations, gun control, the Iraq War, the Patriot Act, the presidential candidacy of Barack Obama, and the presidential candidacy of John Kasich. There was nothing to attract anyone who was looking for a principled libertarian message, and much to repel them.

b. Lack of Knowledge

In a September 8 interview on MSNBC’s Morning Joe, Mike Barnicle asked Johnson about Aleppo. Johnson completely blanked out on the issue. At the time, he was hovering around 9 percent in the polls and needed to reach 15 percent to gain access to the debates. This gaffe marked the beginning of his gradual decline from 8.8 percent on September 7 to the 3.3 percent of the vote he received on November 8. Attempts were made to defend his gaffe by claiming that Johnson could not bomb other countries like major-party presidents do if he did not know about them, but these rightly rang hollow. A few weeks later, Johnson was asked to name a foreign leader that he admires and was unable to name anyone. While a philosophical libertarian could say that all heads of state are presiding over criminal organizations and are thus unworthy of admiration, Johnson did not do this and attempts by his supporters to spin his gaffe in that fashion were risible at best. It is one thing to withdraw from foreign entanglements, but quite another to have no idea what is happening in the world.

c. Lack of Personal Growth

Johnson first ran for President in 2012 as a Republican, then switched parties to gain the Libertarian nomination. As the 2012 campaign season wore on, Johnson improved in his ability to speak publicly and articulate libertarian ideas, though he still made some significant errors. Unfortunately, this trajectory did not continue. Four years is a long time in which to gain knowledge and grow as a person, but Johnson did not noticeably do either during this time. If anything, his mental faculties appear to have regressed between his 2012 campaign and his 2016 campaign.

d. Bad Presentation

Not only did Johnson gaffe badly on multiple occasions, but his presentation was downright weird at times. In an interview with NBC’s Kasie Hunt, Johnson stuck out his tongue and spoke almost incoherently. His intention was to make a point about debate access and how bad the major-party candidates were, but it looked desperate, forced, and strange. He appeared to be stoned in other media appearances, despite claiming that he had stopped using marijuana for the campaign.

e. Lack of Preparation and Study

A lack of knowledge and personal growth can only be properly addressed by preparation and study. Johnson and those around him needed to make sure that he was learning everything that he would need to know in order to be an effective presidential candidate on par with the major-party candidates. Clearly, this did not happen.

f. Inactivity Between Elections

A person who intends to run as a third-party candidate in multiple election cycles needs to be involved with the party’s activities in the intervening years. As the most public face of the organization, no one else has more power to bring in donors, encourage activists, and invite new people to the party than the party’s presidential candidate. But Johnson was nowhere to be found between the end of his 2012 campaign and the beginning of his 2016 campaign, having retreated into the private sector to run a marijuana company (which may help to explain the previous points in more ways than one). Johnson has similarly fallen off the face of the political landscape now that the 2016 campaign is over, which may harm the party’s outreach efforts leading up to the 2020 campaign.

g. Lack of Charisma

Johnson seems to lack the ability to take over a room in the way that successful presidential candidates do. Instead, he is usually soft-spoken and nervous, which causes his statements to lose some of their gravitas and his barbs to lose some of their sting. When he does raise his voice, it comes across not as righteous indignation but as a simple loss of temperament. While this might be good for countering the imperial Presidency after taking office, it is counterproductive for getting there.

h. Lack of Political Awareness

Much like Rand Paul during his campaign, Johnson seemed completely oblivious to what was happening in middle America. Whether by the statism indoctrinated into the voting public or by the political autism and cuckoldry that commonly manifest in mainstream libertarians, the libertarian moment passed and the right-wing populist moment came. The Libertarian Party found itself just as unprepared for this as did the Democrats and the establishment Republicans. For this reason (and the previous reason), Johnson was incapable of effectively countering Trump.

i. Unscrupulous Spending/Ron Neilson

The Libertarian Party and its candidates never have the resources of a major-party campaign. It is therefore of the utmost importance to wisely use the limited amount of funds available. The Johnson campaign failed to do this, spending an inordinate amount on campaign consulting services while still owing nearly $2 million from his 2012 campaign. If the campaign had received a good return on its investment into Ron Neilson’s consulting firm, then this might not be so bad. But given all of the above issues which a consulting firm might be expected to notice, bring to a candidate’s attention, and attempt to resolve, this was clearly not the case.

j. Lack of Loyalty

Even if all of the above issues did not exist, it is difficult to mount a successful presidential campaign when it is being torpedoed by no less than the bottom half of the ticket. Bill Weld proved that he is not only anti-libertarian on the issues, but a traitor to the Libertarian Party. In an interview with MSNBC’s Rachel Maddow on November 1, Weld said,

“Well I’m here vouching for Mrs. Clinton and I think it’s high time somebody did, and I’m doing it based on my personal experience with her and I think she deserves to have people vouch for her other than members of the Democratic National Committee, so I’m here to do that.”

At a press conference on November 7, the following exchange occurred:

Press: Between Clinton and Trump would you say ‘vote for Hillary Clinton?’

Weld: “Absolutely! I’ve sort of said that from day 1… But I’m saying, you know, if you can see your way clear to vote the party in the middle, that would be the Libertarians, that’s our first choice.”

Weld then said,

“We want people to vote Libertarian, but I understand in very close swing states there may be different dynamics at play, but in places like Massachusetts, where Mrs. Clinton is way, way, ahead, I would encourage everybody to vote Libertarian.”

Given the history of third-party candidacies, this is exactly the wrong approach. Third parties advance their causes by playing spoiler, thus forcing the major parties to either adopt their platforms or face the threat of being replaced in the way that the Republicans replaced the Whigs.

Conclusion

Gary Johnson is not going to be President, and the 20 reasons discussed above show that there was never any doubt of this by any competent observer. In future elections, this should be a thorough guide for the Libertarian Party concerning what not to do. But because Johnson gained a record vote total and vote percentage for the LP and libertarians tend to be no better than other people at recognizing the need to contemplate counterfactuals rather than to look only at what happened in this timeline, these lessons will likely remain unlearned and the LP will continue to wander in the wilderness.

The Not-So-Current Year: 2016 In Review

Though the specific demarcation of the passage from one year into another is a rather arbitrary social construct, it does provide a useful annual period for self-examination and remembrance. Now that 2016 has entered the history books, let us take a look back at a year’s worth of essays and review the not-so-current year.

We begin, of course, with last year’s article of the same kind. Some articles in this list are sequels to articles in that list. Aside from that, we may move on.

My first article proper of 2016 was A Case Against the Nineteenth Amendment. It was intended to come out before the New Year, but I was not satisfied with it until January 3. If I were to rewrite this article, I would say more about biological differences between the sexes and why these make the entrance of women into democratic politics a danger to the stability and sustainability of a society. I took down the First Amendment later in the year.

The Bundy standoff at the Malheur National Wildlife Preserve began. I made nine observations on the event. Their later acquittal on several felony charges after the standoff ended in what was essentially an instance of jury nullification was cause for celebration.

As usual, leftists called for more gun restrictions and an end to gun violence without seeing that the former would both cause and be enforced by gun violence or the threat thereof. Rather than take the usual path of reductio ad absurdum, I argued the sharper point that gun deaths can be a good thing. This did not sit well with the editors at Examiner.com, who pulled the article. Given a long and contentious history with the site, I decided to part ways with them and start my own site. This proved to be a wise choice, as Examiner gave up the ghost less than six months later, with all content disappearing into the aether. My next task was to choose a name for the site and explain its meaning.

Christopher Cantwell argued the libertarian case for Donald Trump, and I gave him some pushback. Shortly afterward, Rand Paul suspended his campaign, and I wrote a list of observations on the event.

‘No victim means no crime’ is a common saying among libertarians, but an altogether too reductionist one. I explained why.

A Russian film crew flew a drone over the city of Homs and recorded the aftermath of Assad’s forces besieging the city. I rarely get emotional, but seeing the wanton destruction was quite triggering for me. Aleppo was conquered later in the year, and I wrote a list of observations on the event.

I decided to take an educated guess at whether Ron Paul could have defeated Barack Obama if he had been the Republican nominee in 2012. I believe he would have done so easily.

Twitter decided to give in to government and social justice warrior requests to censor their enemies. Unsurprisingly, this tanked their stock prices. I proposed several remedies for the situation, and Twitter has of course used none of them.

Jason Brennan published an article arguing that arguments made by libertarians against open borders have disturbing implications that said libertarians almost never address, so I addressed them and showed on a point-by-point basis that some such implications are not only not so scary, but are actually vitally important to the maintenance of a libertarian social order.

Charlotte City Council approved an expansion of its anti-discrimination ordinance to include transgender people, which I denounced as a violation of private property, freedom of association, public safety, and freedom of religion. Governor Pat McCrory and the state legislature responded with House Bill 2, and the controversy has brewed for almost a year.

An author known as Mr. Underhill published an article arguing that violent revolution is not the appropriate method for achieving liberty. I took the opposite view, which led to a lengthy exchange of four more articles on my part and four more on his part. Following this exchange, I decided to write about how I choose who to debate and for how long, which made me realize that I had entertained Mr. Underhill for far too long. Later in the year, I covered political violence more generally to argue that we need more of it as well.

When examining the intellectual foundation for private property rights, I noticed an unexplored quirk which turned into an original proviso. A critique in the comments section led to another article defending the proviso.

Islamic terrorists attacked the airport and a subway station in Brussels, killing 31 people and injuring 300 others. I wrote a list of observations on the event.

Social justice warriors seem to have their own language which is distinct from both the dictionary definitions and the common understanding of words by most of the general population. I created a glossary to help normal people better understand SJW rhetoric.

Donald Trump suggested that women could be punished for getting an abortion, which outraged both sides of the mainstream abortion debate. I weighed in with a view which did the same.

Having addressed water ownership and pollution in two articles in 2015, I decided to lay out a libertarian theory on air ownership and pollution.

Puerto Rico reached new lows of fiscal irresponsibility, and I explained why it is best to cut them loose from the United States to become an independent country.

The rise of neoreaction and the alt-right has brought reactionary thought back to the forefront. I deemed my first attempt at examining its relationship to libertarianism to be inadequate, so I took a second stab at it. A Jeffrey Tucker article prompted a third effort, and I made a fourth effort later in the year in response to a pro-Trump neoreactionary article by Michael Perilloux.

Peter Weber published an opinion piece arguing that the institution of the American Presidency is being delegitimized, and that this is a dangerous direction. I argued that this is actually a welcome and even glorious development.

Having already explained my decisions about debating other authors, I wrote two more articles explaining my lack of profanity and lack of satirical content.

Many incorrect arguments concerning libertarianism and punishment began to appear, so I laid out a theory of libertarianism and punishment which utilized heavy doses of Rothbard.

The Libertarian Party held its nominating convention, and it was a disaster from beginning to end. The Republican convention was not much better in terms of substance.

Many people have noticed a correlation between weightlifting and libertarianism. I explored this correlation and found many reasons for it.

A terrorist who pledged allegiance to the Islamic State attacked a gay nightclub in Orlando, Fla., killing 49 people and injuring 53 others. I wrote a list of observations on the event, but missed a major point in doing so. Democracy is partly responsible for terrorism because it gives the common person a political voice, which makes them viable targets in a way that absolute monarchies or stateless societies would not.

When the Supreme Court ruled against Abigail Fisher in her anti-white racism case, the Internet cheered. I did not, realizing that the decision was a rejection of pure meritocracy.

Against all predictions, the vote to remove the United Kingdom from the European Union succeeded. I wrote a list of observations on the event.

In my most controversial article to date, I argued the most extreme position in the gun control debate: a private individual has a right to own nuclear weapons, and this would be beneficial for liberty. The troll brigades were out in force making typical leftist non-arguments, and I thank them for granting me a then-record in daily page views (and thus advertising money). A few did raise legitimate criticisms which will require an addendum to be written in the future.

As the major-party presidential nominations were secured, the establishment media wasted an inordinate amount of time engaging in speculation about who would be the running mate of each candidate. When discussing the potential benefits that each potential vice presidential pick could have, they neglected the aspect of assassination insurance.

Several recent problems with the criminal justice system demonstrated that government will not hold government accountable, and that a market alternative is required.

Five police officers were killed by a sniper in Dallas. I used the event to argue that those who kill government agents now are not cowardly murderers perpetrating senseless violence, but neither are they heroic or helpful to the cause of liberty.

A certain type of policy analysis exhibits many symptoms which are also found in high-functioning autistic people. This is more common among libertarians than among people of other political persuasions, so I decided to address the phenomenon.

A significant portion of the media coverage leading up to the Republican convention focused on the possibility of violence on the streets involving leftist protesters and rightist counter-protesters. This possibility went unrealized for reasons which were covered up by the establishment media.

Hillary Clinton said that she was “adamantly opposed to anyone bringing religion into our political process” and that it is “just absolutely wrong and unacceptable.” I argued the opposite case.

Gardening is an enjoyable hobby and a useful metaphor for many things, a libertarian social order included.

Trump hinted at the assassination of Clinton should she win and threaten gun rights. Predictably, every element of the establishment went apoplectic. I argued that political assassinations are ethically acceptable, though not usually the wisest practical move.

Since the beginning of the Black Lives Matter movement, libertarians have had strong differences concerning how to engage with it. I explained the differences between their intentions and libertarian goals.

The 2016 Summer Olympics took place in Rio de Janeiro, Brazil. I wrote a list of observations on the event.

Whenever disasters impact an area in modern times, governments play a large role in the cleanup and recovery efforts. But this causes a behavioral problem in the population, not unlike that caused by the Pax Romana.

The Commission on Presidential Debates decided to exclude third-party candidates yet again. I made cases for peaceful and violent protest of this policy, and longed for a future candidate who might actually motivate people to engage in meaningful resistance.

Liberty Mutual created more advertisements that contain economic fallacies, so I did another round of debunking.

The establishment media tells us that every election is the most important of our lifetime. I proved that this cannot be the case, then psychoanalyzed the establishment media to explain why they keep repeating this, as if to convince themselves.

Argumentation ethics has been controversial since its introduction, but Roderick Long’s criticisms of it had gone unanswered. I remedied this state of affairs.

Rioters plagued Charlotte for three nights in response to a police shooting, which happened to involve a black officer and a black suspect. I wrote a list of observations on the event.

Congress voted to override President Obama’s veto of a bill that allows relatives of the victims of the 9/11 terrorist attacks to sue Saudi Arabia for any role in the plot. Though some libertarians argued against the bill, I celebrated it for chipping away at the anti-libertarian idea of sovereign immunity, giving victims of American foreign policy a peaceful means of addressing their grievances, and possibly revealing clandestine activities to the American people about which they have a need to know.

Having heard libertarians argue in favor of every presidential candidate except Hillary Clinton, I decided to give it a shot. Only a bootlegger’s case was possible, and it was rather grim.

The idea of market failure is a widely believed misconception which has found widespread use in statist propaganda for the purpose of justifying government intervention in the private sector. I gave the idea perhaps its most thorough debunking to date.

In the last quarter of the year, I began reading more books, which resulted in several book reviews. I can strongly recommend The Essential Guide to Freelance Writing and Our Sister Republics; The West Point History of the Civil War somewhat less so. Good Guys With Guns, on the other hand, is a disaster.

The month before the election presented several opportunities for rebuttals. Milo Yiannopoulos demonstrated both a misunderstanding of and an enmity toward libertarianism, and I rebutted his assertions, which gained a surprising amount of attention. Jeffrey Tucker tried to defend democracy as a superior alternative to monarchy or political violence, and I showed why this is misguided. Penn Jillette argued in favor of vote swapping, and I argued against it.

Finally, the 2016 election came and went, which presented many observations to be made.

Black Friday is revered by most libertarians as a celebration of free-market capitalism. I updated my explanation of why this reverence is somewhat misplaced.

Finally, Otto Warmbier spent all of 2016 detained in North Korea. I made the unpopular case that he should be left there.

All in all, it was an interesting year full of occasions to make sharp libertarian arguments. May 2017 bring more of the same. Happy New Year!

On Market Failure

The idea of market failure is a widely believed misconception which has found widespread use in statist propaganda for the purpose of justifying government intervention in the private sector. Though the term itself has only been in use since 1958, the concept can be traced back to Henry Sidgwick. It is used to describe a situation in which the allocation of goods and services is Pareto inefficient. This occurs when the rational self-interest of individuals is at odds with the optimal outcome for a collective. Such a situation is frequently blamed on conflicts of interest, factor immobility, information asymmetry, monopolies, negative externalities, public goods, and/or time-inconsistent preferences. Among these, monopolies, negative externalities, and public goods receive the most attention from mainstream economists.

But let us pause to consider what a market is. A market is a structure that allows buyers and sellers to exchange goods, services, and information. The participants in the market for a particular commodity consist of everyone who influences the price of that commodity. To say that a market has failed is to say that this process of assembling the information about a commodity which is reflected in its price and its change over time has failed. But the causes listed above are either inconsistent with a free market or unresolvable by interventions which bind the market. Let us explore this in detail.

Monopolies

While monopolies are frequently blamed for market failures, a monopoly in a particular market is typically the result of government intervention which has raised barriers to entry in that market. Through a vicious cycle of regulatory capture, larger businesses can put smaller competitors out of business by bribing politicians and regulators to favor the former and harm the latter. This continues until a market is effectively monopolized. Therefore, this type of monopoly is actually a government failure rather than a market failure.

Another type of monopoly can occur when there are natural barriers to entry, such as the need to build vast amounts of infrastructure in order to provide a good or service. This can give the first entrant into a market an insurmountable advantage. Consumers may then complain that this monopolist is abusing them rather than show gratitude that they are getting a service which was formerly nonexistent. But if the monopolist were really overcharging, then it would become feasible for another provider to either challenge the monopoly directly or provide an alternative service. This type of monopoly is actually a market signal that a particular good or service would be better provided by another means, and entrepreneurs should look for those means.

Third, a monopoly can arise in a free market if one business satisfies all consumers of a good or service to such an extent that no one cares to compete against them. This kind of monopoly is not a market failure, but an astonishing market success.

This leaves only the ‘public goods’ argument, which merits its own section.

Public Goods

Public goods and services are those whose consumption cannot be limited to paying customers. It is frequently argued that this produces waste in the form of unnecessary duplication and excess costs born by those who are not free riders. There is also the matter that non-excludable and rivalrous resources in a commons may be depleted without intervention. The latter can only be fully resolved by eliminating the commons, as restoring exclusive control to the resource is the only method of eliminating the perverse incentives created by a commons. The concerns over free riding and unnecessary duplication ignore incentives, prove too much, and commit the broken window fallacy.

If we wish to have a rational discussion, it is essential to define terms. A problem is an undesirable situation which can be remedied. This is because a situation which is not undesirable presents no problem to solve, and an undesirable situation which has no remedy is just a fact which must be tolerated. The free rider “problem” is a situation of the latter type, as it is impractical to make sure that everyone pays exactly what they should pay for the amount of public goods that they consume. That government monopolies destroy competition, and thus the market price system, makes the free rider “problem” impossible to solve, as the information needed to determine how much each person should pay for the amount of public goods that they consume is destroyed beyond repair.

If taken to its logical conclusion, the idea that no one should be able to consume more than or pay for less than their fair share of a public good means that the state should be eliminated, as the very presence of a state means that some people are consuming more than and paying for less than their fair share of the total wealth in the economy, as states are funded by coercive means which violate private property rights. Those who receive government welfare payments, bailouts, grants, or any other form of government funding are free riding upon the backs of taxpayers and anyone else who uses currency printed by a government’s central bank. The latter group of people are forced riders who are required to pay for public goods from which they receive insufficient benefit. Charity would also be unjustifiable if the concept of the free rider problem is taken to its logical conclusion, as those who receive charity are not paying the full cost for what they are using.

But suppose we ignore this as well. If we accept for the sake of argument that there are public goods and that no one should be able to consume more than or pay for less than their fair share of a public good, then the result will be a massive distortion of the economy, as both the state and private charity must go. While the demise of statism is nothing to lament, the absence of any form of private charity would lead to the very sort of Hobbesian war that statists fear and think that they are preventing. It must also be noted that the money for payments for public goods which are now being made was once being put toward another purpose. Whether that purpose was spending on other goods and services or investment (which is really just another form of spending), the diversion of spending away from these purposes and toward public goods will eliminate some other economic activities that were occurring.

Nearly all competitive production involves supposedly wasteful duplication, in that each provider must have the infrastructure necessary to produce that which is being provided. But if the duplication is truly wasteful, the market signals this by rendering the wasteful duplication unprofitable. Government intervention interferes with such signals, and government control over an industry completely eliminates them, leading to far worse government failures than any failure of the market.

Externalities

A problem related to public goods is the problem of externalities, in which costs or benefits affect a party who did not choose to incur those costs or benefits. When firms do not pay the full cost of production, each unit costs less to produce than it should, resulting in overproduction.

The most frequent examples given are pollution, traffic congestion, and overuse of natural resources, but all of these contain externalities because the market has been prevented by governments from internalizing the costs. Air and water pollution are externalities because government intervention on behalf of polluters has eliminated the common law system of private property rights with regard to pollution. Before the Industrial Revolution, pollution was correctly viewed as an act of aggression against people and their property. Those victimized could sue for damages and obtain injunctions against further pollution. Polluters and victims can also bargain to reach an optimal level of both production and pollution. Additionally, the victims would be justified in using violence in self-defense against polluters, though this is an historical rarity. But government monopolization of environmental regulation has prevented these market solutions from being implemented. Therefore, pollution is a government failure rather than a market failure.

Traffic congestion is another tragedy of the commons that causes externalities in the form of pollution, wasted fuel, and lost time. But this is another case in which governments have monopolized a good and produced it out of accordance with market demand. Without competing private firms to build different traffic systems in search of more efficient ones and without private property rights determining location and control over the transportation system, we are left with a non-excludable good that is incentivized toward overuse. Attempted solutions of congestion pricing, mass transit, and tolls mitigate some effects, but not to the extent that private service providers might implement such methods. Again, we have government failure at work.

A third example of externalities occurs with overuse of natural resources, such as fish and lumber. But once more, we see government intervention against private property mechanisms creating problems. Because state personnel in modern democracies do not personally benefit from maintaining the value of state-controlled property and work almost solely with the usufruct thereof, they are incentivized to engage in bribery and corruption. When states sell only the resource rights but not the territory itself, they get a renewable source of income. But firms that harvest renewable resources can abuse this system, stripping the resource bare then vanishing when it is time to replenish. These ‘fly-by-night’ lumber companies, fishers, and other such exploiters lead to the fast demise of resources which were harvested and preserved for centuries prior to state intervention. In short, government fails yet again.

Before moving on, a quick word about positive externalities is in order. This is another way of talking about the free rider problem, so the same criticisms discussed above apply. But we should also consider the benefits of free riders. Although some people will argue that free riders are responsible for higher costs, they are actually signaling that a good or service is overpriced. While degenerate freeloaders do exist, most free riders who are aware of their free riding are willing to pay for what they are receiving but believe that said goods or services are overpriced. In the state-enforced absence of another provider, they choose to “pirate” the public goods rather than pay the cost which they believe to be too expensive. If there are rational, knowledgeable people in charge of a public good that has many free riders, then they will respond by lowering the cost to convince more people to contribute, which can actually raise the total contribution.

The above result is rare, of course, as rational, knowledgeable people tend to be productive rather than become part of the state apparatus. The more useful role of free riders is to crash government programs which cannot be ended by normal political means. Most government programs help a few people by a large magnitude while harming a much larger number of people by a much smaller amount. This means that an irate and tireless minority will work to keep their sacred cow from being gored, while the majority is not being harmed enough to take action to end the harm. Thus, there is nothing more permanent than a temporary government program, and it is politically impossible to abolish entitlement and welfare programs. While the strategy of overloading such programs was first proposed by leftists who wished to replace them with far more expansive redistributions of wealth, it could also be used by libertarian-minded people who wish to replace such programs with nothing.

Other Culprits

The less-discussed causes of market failure are conflicts of interest, factor immobility, information asymmetry, and time-inconsistent preferences. This is mostly because government intervention is more widely known to either cause these problems or fail to solve them. Conflicts of interest typically occur when an agent has a self-interest which is at odds with the principal that the agent is supposed to serve. For example, a lawyer may advise his client to enter protracted legal proceedings not because it is best for the client, but because it will generate more income for the lawyer. A politician may vote for a law not because it is in the best interest of the people in her district, but because she was bribed by lobbyists who support the law. The only solution to a conflict of interest is to recuse oneself from the conflict, and government offers no answer, especially since it inherently operates on conflict of interest.

Factor immobility occurs when factors of production, such as land, capital, and labor, cannot easily move between one area of the economy and another. This sometimes occurs due to malinvestment caused by government distortions of the economy; in other cases, it results from technological advancement that puts an industry into obsolescence. In any event, government regulations frequently make it more difficult to change occupations and maneuver capital than it would be in a free market. Interventions to help workers in a declining field typically fall victim to the knowledge problem; it cannot accurately retrain workers or educate future workers because it cannot know what the economy will need by the time the retraining or education is complete.

Information asymmetry occurs when some parties in a transaction has more and/or better information than others. This creates a power disparity which is sometimes called a market failure in the worst cases. Common sub-types of information asymmetry include adverse selection and moral hazard. Adverse selection occurs when one party lacks information while negotiating a contract, while moral hazard involves a lack of information about performance or an inability to obtain appropriate relief for a breach of contract. These cases are made worse by government laws, as laws can lead to both adverse selection and moral hazard. For example, an insurance firm that is legally disallowed from discriminating against high-risk customers is itself put at a higher risk through no fault or will of its own, being unable to turn away those who cost the most to insure or cancel insurance policies for reckless behavior by the insured. Fortunately, there are market methods for resolving informational asymmetries, such as rating agencies.

Time-inconsistent preferences occur when people make decisions which are inconsistent with expected utility. For example, one might choose to have ten ounces of gold today rather than eleven ounces tomorrow. Time preferences are expressed economically through interest rates, in that interest rates are the premium placed upon having something now rather than waiting for it. Governments interfere with interest rates through central bank monetary policies, leading to alterations of time preference that can be inconsistent. This is still another example of government failure rather than market failure.

Resource Failure

Another possibility for market failure which is rarely discussed is that of resource failure. If an economy becomes dependent upon a certain non-renewable resource, that resource becomes scarce, and there is no viable alternative, the result can be devastating not only to markets, but to peoples’ lives as a whole. For example, if peak oil occurs and there is no alternative energy source available to meet the energy demands fulfilled by fossil fuels, a market failure will occur due to resource failure. Another historical example is the destruction of trees on Easter Island. Resource failure is generally not amenable to government policy, and may be exacerbated by it if subsidies alter the market to keep it from finding the best solution to a resource shortage.

Complainer Failure

The last type of failure is not a market failure at all, but a failure by a critic to understand the nature of the market. Consumer demand does not drive the economy; capital investment does. The over-reliance on gross domestic product (GDP) as a measure of economic output has fooled many people into believing otherwise, but GDP neglects intermediate production at the commodity, manufacturing, and wholesale stages of production. As such, consumer demand and spending are an effect of a healthy economy and not the cause.

With this in mind, the idea that the market has somehow failed when it does not produce everything that a particular person might want and deliver it exactly where they want it for a cost that the person finds agreeable is ridiculous. A person levying this criticism should be advised to check their hubris. If a certain good or service is not produced in a free market, it is because such production is not sufficiently worthwhile for anyone to make a living through doing so. The fact that everyone gets by without that good or service indicates that no failure has taken place. Those who desire that good or service so much should make an effort to provide it so that they can have it.

Standards

The entire idea of market failures is based on Pareto efficiency. But there is no reason why we must choose Pareto efficiency as the measure of market success. One could just as well define market efficiency as the degree to which it permits its participants to achieve their individual goals. (Note that these are equivalent if the conditions of the first welfare theorem are met.) Another possible standard is that of productive efficiency, which is optimized when no additional production can occur without increasing the amount of resources, time, and/or labor involved in production. An economy with maximum productive efficiency cannot produce more of one good without producing less of another good.

Conclusion

In every case, that which appears to be a market failure is actually a failure of government policy, natural resource management, or economic understanding. We may therefore reject the very idea of market failure as yet another form of statist propaganda.

The Strategic Libertarian Case For Supporting Hillary Clinton

The 2016 election season has been a contentious and divisive time for libertarians. Some have decided to side with Republican candidate Donald Trump as the lesser of two evils. Others are supporting Libertarian candidate Gary Johnson despite his long odds and shortcomings as a candidate. A few are turning to Constitution Party candidate Darrell Castle, despite his lack of sufficient ballot access to obtain victory. Some who do not understand or care about economic liberty have even suggested Green Party candidate Jill Stein as an option for libertarians. A significant number are disgusted with all of their options and plan to stay home on Election Day. What no one seems to have contemplated is the case for a libertarian to support Democratic candidate Hillary Clinton, so let us explore that case.

Clearly, there is no straightforward, face-value libertarian case for supporting someone with the track record of warmongering, corruption, thievery, and deception that Clinton has in their quest to preside over the most powerful and dangerous state apparatus in human history. But almost all libertarians have decided to stop there in their consideration of Clinton and look to the other candidates. What can be argued that has not been argued thus far is a bootlegger’s case for Clinton, in which she is supported not for the ostensible purposes of granting her the Presidency, but because her administration will cause effects that libertarians can exploit for their purposes. The overarching theme is that the leftward drive of statism in general and democracy in particular cannot be forestalled by the means at hand, so the alternative is to push leftism even faster and farther than leftists had planned in order to hasten its collapse. It is this sort of case which will be made here.

The Goal of Libertarians

It may seem odd at first glance to speak of a unifying goal for all libertarians, as libertarians have all sorts of goals, some of which are at cross purposes with each other. However, the root of the word ‘libertarian’ is ‘liberty’, so it is reasonable to conclude that a libertarian has the practical goal of maximizing the amount of liberty present in one’s environment. Liberty is generally defined as the freedom to do as one wishes as long as one respects the right of other people to do likewise and commits no aggression against them. But liberty is meaningless without private property in which to enjoy it, insecure without rule of law to defend it, precarious without peace and justice to preserve it, and absent without freedom of association. If a state is present, it will fund its activities through taxation and civil asset forfeiture, take private property through eminent domain, and restrict the use of property through intellectual monopoly, zoning, and environmental regulations. Its officials and agents will choose the nature of the law and the enforcement thereof, meaning that they rule the law and not vice versa. Its enforcers will initiate the use of violence against people who are known to disagree with government statutes and acts upon their disagreements, thus presenting a constant threat to peace. Its agents are allowed to do that which is considered criminal for anyone else to do, and the system is set up to keep them from being held to account. It will force people to associate with it regardless of whether they want to use or pay for its services. For these reasons (and many others), the maximization of liberty requires abolition of the state.

Abolition Requires Revolution

Unfortunately, the state will not abolish itself; the control and maintenance of the state apparatus is too valuable to give up for those who benefit from it. Those who bankroll political campaigns receive a far better return on investment than they would receive from any free market use of capital, and if they did not make such donations, their business rivals would. Wielding political power causes the same biochemical responses as drug abuse. There are people who carry weapons in the name of the state for the purpose of enforcing the edicts of politicians because they lack the skills and temperament to be productive members of society. There is a dependent class of people who have become accustomed to existing parasitically upon the productive members of society. All of these people are used to their way of life, and they will not give it up without a fight. Any strategy that does not deal with this fact, as well as the fact that an institution based upon initiatory force will resort to force to counter attempts to remove and/or dismantle it is doomed to failure. There are many other methods that libertarians have proposed and tried to increase the amount of liberty in society, and some have achieved some limited success. But electoral methods, agorism, cryptography, seasteading, civil disobedience, education, and peaceful parenting all fail to address the fundamental problem. Thus, they will fail to defeat the state by themselves at best. At worst, they will ease some of the pain of oppression, which allows people to tolerate more evil before they must take action to end it. Their usefulness, if any, is to push the state toward collapse while growing the population and resources of libertarians to such an extent that revolution becomes feasible.

A Successful Revolution

A revolution to end the state can only be successful if enough people participate. Moving too soon plays into the state’s hands, as it will only give the state more cause to grow and sour the reputation of libertarianism. The personnel and resources necessary to carry out a revolution are not yet assembled, so the task of the libertarian is to figure out how to assemble them. Let us begin by noting what the Declaration of Independence says about the matter:

“Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.”

This is indeed what history shows us; people tend to overthrow governments only if they believe themselves to lack better options. Regardless of whether war, famine, or pestilence visits a population because of their government or in spite of it, a failure of a state to meet the needs of its people in a crisis has precipitated more revolutions than anything else. Although the tyrannies inflicted upon the American people by the federal government are far greater than those which inspired our forefathers to take up arms, the comforts of modernity and the civic religion of democratic statism have made evils more easily sufferable. That which would once have led people to revolt is now merely a minor inconvenience, to be brushed aside and endured because the next sports game is on. Clearly, conditions must get worse in order to make enough people believe that they must rise up against the system rather than keep trying to play the fool’s game of working within it.

Use It to Destroy It

Given that liberty requires anarchy, anarchy requires abolition of the state, abolition of the state requires revolution, revolution requires a sufficient number of participants, the number of potential participants is lacking, people revolt when they believe themselves to be out of other options, and more people will believe themselves to be out of other options if conditions get worse, the next order of business is to see what can be done to make conditions get worse. In a democratic state, the ballot box is the primary means by which decisions are made. Conditions sometimes change slowly in a nation with a deep state of unelected bureaucrats that is largely impervious to the winds of politics, but conditions do deteriorate when bad rulers are elected. While this is always the case, some candidates for office are clearly worse than others. The obvious strategy, then, is to intentionally vote for the worst candidates in an effort to push the current system toward ruin.

Who Is Worst?

With a strategy discovered, the next question concerns application. Which candidate in the 2016 presidential election would do the most to push the current system toward ruin? In other words, who has no intention or motive to make any significant changes to current policy? Who would amplify and accelerate the current course of the federal government?

We may begin by considering only the candidates who have a chance of winning, as a candidate who cannot get into office in the first place will fail a fortiori at making conditions worse while in office. This reduces our options to Clinton, Johnson, Stein, and Trump. All of the other minor-party candidates lack the ballot access to gain the Presidency, even if everyone voted for a particular one of them. Stein may also be dismissed, as polling has shown her to be in fourth place in nearly every national and state poll that has been conducted. (Though if Stein had a chance, this would be a case for supporting her instead of Clinton, as the implementation of her platform would accelerate the national debt, grow the size and scope of government, and push the nation toward economic ruin faster than the platforms of the other candidates.)

Johnson and Trump offer respites from many of the failed policies of recent administrations, though to varying degrees and for different reasons. While both focus on economic matters, Johnson takes a more libertarian approach while Trump is more nationalist. The practical upshot is that a Johnson presidency would be likely to offer much more relief over the short-term but ignore important demographic concerns, while a Trump presidency would offer much less immediate relief but address concerns over demographic shifts which are hostile to liberty. But the strategy being discussed is to vote for the worst, not the best.

A look at Clinton’s platform reveals that she favors higher taxes, more programs for minorities, more taxpayer funding for college tuition, strengthening of entitlement programs, stricter gun control measures, universal healthcare, ending the sequester for both defense and non-defense spending, amnesty for illegal immigrants, more funding for clean energy, a continuation of unproductive anti-terrorism policies, curtailment of civil liberties, and more government intervention in the workplace. She is also far more likely to start new wars than the other candidates, and this would speed along the decline more than any other policy. In other words, she will amplify and accelerate the current course of the federal government much more than Johnson and somewhat more than Trump.

Resolution in Defeat

It is also necessary to consider the impact that the election is likely to have on the supporters of the losing candidates. If Johnson loses, his supporters will likely get the result that they expect, as third-party candidates have almost no chance in a system rigged to produce a two-party system. Although a Johnson victory is technically possible if everything plays out just right, the more realistic question is whether he can get 5 percent of the vote, which would make the Libertarian Party a more significant election machine going forward. As such, voting for Johnson is more of a punt on 2016 with hopes set on 2020. That said, a disastrous result for Johnson will affirm the need for the LP to stop running the milquetoast candidates they have fielded since 2008 and put forward openly radical, even anarchist, voices.

A Clinton loss will have the effect of opening a pressure valve on populist and nationalist resentment, just as the Brexit victory did in the United Kingdom. If liberty is the goal, then a pressure valve to release steam that is needed for a revolutionary explosion is counterproductive. For as long as Trump remains in office, the right would rally behind him, turn a blind eye to many of his negative tendencies, and forget their anti-state sentiments because their man is in charge. While Trump could cause some disillusionment when many of his lofty campaign promises do not come true, many on the right have some understanding that this will be the case and that he must speak bombastically to keep his base energized and motivated. Trump could also do some good in the form of neutralizing the tactics of social justice warriors, but he has already done this and could likely not do much more in this regard. Of course, the political pendulum will swing again, for Trump is not Pinochet and never will be. Trump has given no indication that he would do anything meaningful to abolish democracy or eliminate the programs which create left-wing moral degeneracy. The left would return to its excesses as soon as it regains the Presidency, using state power to press its thumb on the scale even harder to try to ensure that nothing of the sort can happen again.

With the exception of cuckservative neocons who would count Clinton as one of their own, a Trump loss would further inflame the right and grow the reactionary movement. The right would increasingly come to realize that the democratic process as it currently operates is no longer in their interests, just as many Southerners did after the election of 1860. Due to demographic shifts, a Trumpian candidate will likely never have an easier path than in 2016, and the path is quite difficult now. While a Clinton victory is unlikely to result in a revolt before the 2020 election, it could produce other interesting results, such as renewed interest in the idea of nullification, an Article V convention, or even a serious effort by a state to secede.

Objections

Naturally, a plan to deliberately worsen conditions in one’s own nation will invite sharp criticism. Let us consider some of the most likely objections to such a plan. First, there is the objection that this will harm innocent people. This is not necessarily the case, depending upon how one defines innocence. To return to the Declaration of Independence,

“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

In this sense, the American people are in dereliction of their duty to throw off oppressors. While those who say that we get the government we deserve are victim blaming to some extent, they have a point in the sense that revolution is far more practical than most people think, yet the American people have not revolted against the state in a meaningful way since 1794. (The Civil War was a meaningful revolt, but it was not anti-state in nature; the Confederates sought to replace one government with another.) But even if we grant that this will harm innocents, it is not as though innocents will go unharmed otherwise. The state violently victimizes the innocent by its very nature, and other plans for ending the state will not prevent such victimization before the state is abolished. It is thus a question of degree and duration, much like that of ripping off a bandage rather than pulling at it slowly.

Second, there is the possibility that this plan will backfire. We may make conditions worse, but perhaps a sufficient number of people will never decide that they have had enough. This may occur because they blame those who voted us into a crisis and do not wish to fight alongside them, or because they simply lack the fortitude to revolt. This is a legitimate concern, but the possibility that people no longer have the fortitude to forcefully resist the state will be a concern regardless of the method used by libertarians.

Third, Clinton may also make leftists look for more radical methods, as she is likely to further upset the people who supported Bernie Sanders in the Democratic primary. This is actually a feature in a plan to overload and collapse the system, as it pushes the establishment toward ruin even faster. And if the far-left and the far-right come to blows in America, the rightists have a clear advantage in manpower, firepower, and the concern to target one’s enemies without harming bystanders (although neither side is perfect in the latter regard).

Fourth, there is no guarantee that Clinton will be worse than Trump. But there is no guarantee of anything promised by politicians to voters; this is the very design of democratic statism, and one of its intractable problems. Both major-party candidates are known to be serial liars, but based on their track records both inside and outside of politics, it is reasonable to conclude that they will at least attempt to advance the agendas in their platforms.

Conclusion

If one understands that the problems with which the democratic state presents us are intractable in its presence, and that the best use of the ballot box is to vote for the worst candidate in order to hasten the demise of this broken system, then supporting Hillary Clinton for liberty makes a great deal of sense. The common objections to such a plan do not withstand scrutiny, as other methods of action or inaction have the same or worse potential shortcomings. The effects of her defeat would only slow the decline rather than reverse it, and the effects of her victory would galvanize the anti-state movement like no other result that can be achieved in 2016.

The Libertarian Case For Private Nuclear Weapons

Whenever statists push for restrictions on private ownership of firearms and libertarians defend the right to keep and bear arms, some statists will attempt a reductio ad absurdum in the form of asking libertarians whether it should be permissible for private individuals to own nuclear weapons. The libertarians will usually back down, after which their inconsistency allows the statist to win the argument. But there is no need to do this. Let us explore why private ownership of nuclear weapons not only fails as a reductio ad absurdum in the gun control debate, but is actually essential for the creation and maintenance of a stateless society, along with other benefits.

Background

The starting point for all of libertarian ethics is self-ownership, that 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 is false by 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, and one owes restitution for any acts of aggression that one commits against other people or their property. But because the non-aggression principle and private property rights are derived from self-ownership, they are dependent upon it. That which is dependent cannot overrule that upon which it is dependent, therefore self-ownership takes primacy if there should be a conflict between the self-ownership of one person and the external private property rights of another person. Furthermore, the theory of negative homesteading allows one to harm innocent shields if one is under attack and it is impossible to defend oneself without doing so.

Theoretical Objections Rebutted

Now that a logical framework is established, let us consider the issue of private ownership of nuclear weapons. Note that there are two cases which must be considered concurrently; that of of private ownership versus state control, and that of private ownership versus nuclear-free. Following the essentials of libertarian ethics, one may rightfully own anything if one creates it by laboring upon unowned natural resources. Furthermore, one may trade or gift anything one owns because an inability to do so would not constitute exclusive control. The burden upon the opponent of private nuclear weapon ownership is to show that mere possession of such a device inherently constitutes an act of aggression against people and/or their property, that state control is superior to private control, or that a free society would not have such weapons in the first place. Many arguments have been made to support this position, so let us examine them.

First, there is the argument that nuclear weapons were created through state programs and would not exist otherwise. This response attempts to deal purely in theory while remaining devoid of any context or practical application, all while claiming an astounding level of prescience concerning a counterfactual world in which no states survived into the 20th century. In reality, science and technology march on regardless of government involvement, albeit along a different path. While one may reasonably assume that a stateless world would have no Manhattan Project, it is entirely possible that the economic growth possible in the absence of statism could have funded scientific research and technological innovation to such an extent that nuclear technology could have been discovered earlier. It is quite implausible that no one would have discovered the possibility of nuclear weapons and tested it by experiment by now, and all but impossible that this would never become an issue in the future. A variant of this argument is that nuclear weapons are too expensive for individuals to develop, purchase, or maintain. This is also highly suspect because wealth levels tend to increase over time, meaning nuclear weapons (and everything else) will be more affordable in the future, if they are not affordable now (which is doubtful).

Second, some will argue that unlike small arms, a nuclear weapon is always pointed at someone. The implication is that such a device cannot be stored safely, and so must not be stored at all. The problem with this argument is that it confuses risk with aggression, accident with intent, and incompetence with malice. This argument also demonstrates a misunderstanding of the construction of nuclear weapons; like small arms, they may be stored in such a condition as to be unavailable for immediate use. We also cannot take this argument to its logical conclusion, as doing so would prohibit any activity which potentially endangers someone, such as flying aircraft or spacecraft, transporting hazardous materials by rail or pipeline, or even driving cars. However, there is one legitimate concern raised by this argument; that of radiation pollution from improper storage. But a free society could deal with radiation pollution by much the same procedure as it would use for any other form of air or water pollution.

Third, there is the argument that nuclear weapons necessarily kill innocent people because of their area and duration of effect. This argument, like the first, requires an impossible kind of knowledge, as no one may know precisely what area and duration of effect that a weapon may need in order to stop some future aggressor. Without such knowledge, this argument would set an arbitrary and capricious limit upon weapon ownership, as every weapon has some area and duration of effect. Furthermore, this argument is a straw man because even if this argument were completely valid, it would only prohibit the use of nuclear weapons, not their manufacture, possession, or trade. This is because the mere possession of an object cannot constitute aggression; only the use or threat of use in a manner which may harm innocent people and property constitutes aggression. Finally, under the theory of negative homesteading, killing innocent people can be acceptable if they are being used as human shields by an aggressor and it is impossible to subdue the aggressor without harming the human shields.

Fourth, there is the possibility that a mentally unstable person who would seek to use one in anger may acquire one. This is a serious concern, but there is no answer for it now that such weapons exist. While it is in the rational self-interest of everyone who is mentally stable to keep such munitions out of the hands of those who have a first-use policy, and it would be justified to use any means necessary to prevent those who have a first-use policy from obtaining and/or using nuclear weapons, there can be no guarantee that this disaster will not happen. A notable subset of this problem is that of the nuclear extortionist who says, “I want X or that city over there gets it!” But everyone who understands economics or psychology knows that subsidized behavior will become more frequent, resulting in more extortionists and more payments. We can therefore expect that the proper response of extermination of anyone who makes such threats will be used. Even if this results in a few uses of nuclear weapons, it is far better than the alternative. Furthermore, this scenario does not depend on nuclear weapons, as conventional explosives can easily be scaled up to sufficient size to cause this problem.

Fifth, there is the argument that technology will march on and render nuclear weapons obsolete. This argument does not address the issue because whatever technology would replace nuclear fission and fusion (e.g. matter-antimatter reactors) would have even more destructive potential if weaponized.

Sixth, there is the argument that nuclear weapons exist on a scale that makes mass murder and destruction too easy. But this can be true of any increase in firepower. (And who shall draw the line between what is too easy and what is not?) As military technology marches on and increases in scale, so does peaceful technology. That which would have eliminated an ancient tribe of hunter-gatherers may go almost unnoticed in a modern community, and a nuclear explosion may go almost unnoticed in an interstellar civilization. That which seems too powerful today may be laughable in the future.

Finally, there is the argument that a nuclear weapon is too powerful for a civilian to own, and thus the state should maintain control of them. But states created this issue in the first place (at least in our timeline), immunize themselves from responsibility for their pollution, suffer no serious consequences from threatening innocent people with nuclear weapons, are harder to stop from delivering nuclear weapons to those with a first-use policy, and are subject to the same mutually assured destruction as would be a private owner. As such, state control is actually the greater of two evils given that nuclear weapons exist. Note that in order to be consistent, one would also have to oppose private ownership of non-nuclear devices of equal or greater strength, even if used for peaceful purposes such as mining. As for the level of strength, this argument would set another arbitrary and capricious limit upon weapon ownership at the minimum possible yield for a nuclear warhead.

The Positive Case

With the theoretical arguments against private nuclear weapons rebutted, let us consider the good that private nuclear weapon ownership can do. First, nuclear weapons have a history of preventing total warfare, the most destructive statist activity. Before nuclear weapons were invented, rulers could invade other countries with little chance of being personally affected by the violence. When only the United States had nuclear weapons, Truman was able to use them against Hiroshima and Nagasaki with impunity. But once the Soviets exploded RDS-1 on August 29, 1949, the monopoly on nuclear capability was lost, never to be regained. The advent of mutually assured destruction meant that anyone who dared to use nuclear weapons could expect to be hit with them in return in a matter of hours (minutes with modern delivery systems). While the ruling classes used the funds they extorted from their populations to build shelters to survive a nuclear exchange, they knew that such survival would not truly be life; they would have no useful territory to control and no people to rule upon emerging from their bunkers. As such, the creation of nuclear weapons has led to a more peaceful world, at least in terms of major wars between world powers. It stands to reason that the acquisition of nuclear weapons by private individuals or defense agencies would take all-out warfare off the table for them as well, as the incentives which apply concerning nuclear-armed states also apply concerning nuclear-armed private individuals or defense agencies.

As a corollary of the first point, possessing nuclear weapons allows one to spend less resources on maintaining conventional military forces, thus freeing up resources to be used for other purposes. Just as the United States has generally lowered its military budget as a percent of GDP since nuclear weapons were invented (with a few exceptions for wars), a private defense agency can also lower costs by maintaining a small number of nuclear missiles rather than a much more numerous conventional arsenal. This also means that military equipment providers will have less influence over the society than they otherwise would, thus lessening the likelihood that they can start a conflict for their own profiteering.

Third, the transition from statism to anarcho-capitalism will almost certainly not occur overnight. There will almost certainly be a period of time in which some parts of the world still have governments while other parts of the world are anarchist control zones, regardless of the means used to circumvent or abolish existing states. When this happens, the stateless people will have economic advantages over those who live under the burden of government currency debasement, regulation, and taxation. Eventually, this will lead to conflict as rulers blame the anarcho-capitalists for luring away people and resources that governments need to continue functioning. States in this time period will be dealing with an existential threat of a sort that they have not faced in time memorial and to which they have no answers other than to abolish themselves or use violence. Those in power who are unwilling to give up violent dominion and live peacefully with their fellow human beings could consider this situation worthy of using nuclear weapons, and if the anarcho-capitalists wish to survive and win this conflict, they will need to wield equal or greater firepower themselves. In this sense, private ownership of nuclear weapons will be vitally important for the effort to abolish statism.

Fourth, private nuclear weapons have peaceful uses, such as mining, excavation, asteroid deflection, and propulsion. Looking forward, humanity must form a space-faring civilization if it is to survive long-term, and it is in this final frontier that nuclear devices have their utmost potential. Nuclear weapons are capable of providing a powerful defense against an asteroid which could threaten all life on a planet, whether they are used to alter its course or to blast it into pieces which are sufficiently small to burn up in the atmosphere before impacting the surface. Short of destroying or deflecting such an object, nuclear weapons could be used to excavate asteroids for the purpose of mining their interiors for valuable metals which are not commonly found elsewhere. Nuclear weapons can also be useful for getting to such an asteroid, as well as more general space travel. A series of nuclear explosions detonated behind a ship designed to absorb the impact and be propelled by it is the most primitive effective method of achieving the velocities needed to make long-distance space travel feasible.

Practical Objections Rebutted

Although there is a strong positive case for private nuclear weapons, some people still have difficulties with the practical aspects of their ownership. As such, it is necessary to consider some practical objections to their ownership.

First, there is the argument that in a stateless society, private individuals or defense agencies would not have an incentive to have nuclear weapons. But no nuclear-armed state has ever been invaded by a foreign power, and this cannot be said of any other class of weapon. This perfect track record is an extremely powerful incentive for a private individual or defense agency who seeks defense against invasion. Private defense agencies would also realize economic benefits from maintaining a nuclear deterrent versus maintaining a much more numerous conventional military force to achieve the same purpose.

Second, there is the argument that regardless of the theoretical soundness of private nuclear weapon ownership, people will view nuclear weapon owners with suspicion and seek to destroy them in order to eliminate the potential danger posed by them. The problem with such an effort is that aside from it being aggression against people and property, it greatly increases the likelihood of a nuclear weapon being used, especially if its owner is vastly outgunned or has no other weapons available. Note that assassination markets are not an answer, as a nuclear weapon owner could respond to the possibility of assassination by connecting the launch mechanism to one’s vital signs and programming the weapon to activate if one’s vital signs terminate in such a way as to indicate murder. As such, it makes far more sense to only target nuclear weapon owners who actually make threats of their use.

Finally, there is the concern that a person or defense agency in possession of a nuclear weapon can make demands of everyone else because of their power. This concern is a variant of the mentally unstable person who would seek to use one in anger discussed earlier, and is subject to the same rebuttal as well as the threat of mutually assured destruction.

Conclusion

Socrates once said,

“I only wish that ordinary people had an unlimited capacity for doing harm; then they might have an unlimited power for doing good.”

It is hard to imagine a greater embodiment of this idea at present than privately owned nuclear weapons. The logical case for their ownership is clear, and the objections in favor of either state control or complete elimination do not withstand scrutiny. While the prospect can be terrifying, the alternative is even worse, as the only way to prevent private nuclear weapon ownership from becoming a reality someday is to endure statism in perpetuity while bringing all innovation to a complete standstill. This would eventually result in a purposefully engineered Malthusian catastrophe on par with the most gruesome horror fiction, and the death toll would certainly be greater than that of a society which embraces freedom and nuclear technology. Fortunately, we will escape that fate because those who accept nuclear weapons for their legitimate uses will have an advantage over those who do not. In the words of Foo Quuxman,

“The ones who use it will inherit the stars. Those who don’t will be left to scratch out an existence on a single rock until something wipes it clean.”

Requiem for a Dumpster Fire: The 2016 Libertarian National Convention

On May 27-30, the Libertarian Party held its national presidential nominating convention in Orlando, Fla. Over a thousand delegates from all 50 states attended the convention, along with dozens of guest speakers. Much of this was well and good, though some leftist degeneracy has infiltrated most corners of the libertarian community, and the guest seminars and panels were no exception. But none of this matters much to those who are not libertarians and/or have no interest in the inside baseball of the Libertarian Party. Those people were paying attention to the presidential and vice presidential debates, as well as the election processes for the party’s presidential ticket and national party offices. What they saw, at least from the standpoint of this philosophical libertarian, was a raging dumpster fire.

At the vice presidential debate on Friday, the audio quality was unbecoming of an organization seeking to put people into the White House. William Weld was generally lacking in passion and boldness, supported using the United Nations as a check against corrupt governments in third-world countries, and frequently diverged from straight answers in order to attack presumptive Republican nominee Donald Trump. Larry Sharpe seemed to believe that all punishment should be abolished and misidentified several historical figures as libertarians who were not. Will Coley was a mostly consistent libertarian, but managed to confuse non-aggression with pacifism. Alicia Dearn was more on point, but otherwise unremarkable. All four candidates were soft on the topic of violent revolution.

If the vice presidential debate was bad, then the presidential debate on Saturday was worse. The audio problems continued. Gary Johnson repeated the tired falsehood that libertarianism is social liberalism combined with economic conservatism, supported fixing Social Security rather than phasing it out, claimed that market forces had bankrupted coal companies (and was promptly corrected by Austin Petersen), supported a consumption tax (which drew a round of boos from the audience), advocated regional banks rather than a free market in currency, declined to condemn the atomic bombing of Hiroshima, had no answer as to whether American involvement in the World Wars was justified, supported government involvement in marriage, favored the Civil Rights Act of 1964 (which drew a round of boos from the audience due to parts which violate private property rights and freedom of association), and supported government-issued driver’s licenses (which drew several rounds of boos from the audience). John McAfee defended keeping entitlement programs for older people. Petersen voiced support for a flat tax to fund Social Security, claimed that roads will be unnecessary because we will have jetpacks, and voiced support for the atomic bombings of Hiroshima and Nagasaki. Darryl Perry was wrong on some historical facts, but was generally a strong libertarian. Marc Allan Feldman mistakenly asserted that one cannot fight for one right without fighting for others, claimed that the Islamic religion cannot be blamed for terrorism, failed to realize that political leaders will want to engage in warfare if they perceive it to be in their interest, and was equivocal on the Civil Rights Act concerning private sector discrimination. All five candidates engaged in various degrees of openborders cuckery and said that there is no lesser evil between Republicans and Democrats.

The nominees were chosen on Sunday, and to the surprise of few, Johnson and Weld won, though neither earned a majority of delegate support on the first ballot. In this decision, the delegates decided to choose nominees with the most name recognition in hopes of reaching out to more voters at the cost of presenting a false message of what libertarianism is. This decision says that the Libertarian Party has forgotten its purpose as an educational tool and is instead trying to play the establishment’s game, thinking that the establishment is sufficiently divided against itself to allow an upstart challenger to the duopoly to have a chance. As such, they chose the most moderate, safe, mainstream, establishment candidates they could find to run with the banner of what is supposed to be an extreme, bold, anti-establishment party. But if history has taught us anything about third parties in America, it is that the two major parties always agree that no other party should be allowed to compete.

It would be bad enough if the heresies of Johnson and Weld were limited to their debate responses listed above, but there is much more. Johnson has a history of supporting military intervention against Joseph Kony, saying that Jews should be forced to do business with Nazis, wanting to ban Muslim women from wearing burqas, and growing state government spending as governor. Weld has a history of supporting affirmative action, eminent domain, environmental regulations, gun control, the Iraq War, the Patriot Act, the presidential candidacy of Barack Obama, and most recently, the presidential candidacy of John Kasich.

It is hard to view this as anything other than a culmination of the hostile takeover of the Libertarian Party by cuckservatives and cuckertarians that has been underway for a long time. To quote myself from an earlier article,

“The cuckertarian denounces anarchist libertarians as utopian idealists, preaching instead a form of limited statism that contains obvious contradictions. Cuckertarians prefer to moderate the message of liberty to reach a wider audience, but in the process they corrupt it into something that a consistently principled libertarian would barely recognize. In the Libertarian Party, this results in moderate or even fake libertarians gaining the presidential nomination.”

Some libertarians may say that this election is a test to see whether libertarians can work within the system, but has this experiment not been run repeatedly for the past 40 years, with essentially the same result each time? This many attempts should be enough to convince even the most stalwart party operative that, in the words of Christopher Cantwell,

“Any libertarian who tells you he is trying to win an election is either lying to you about trying to win the election, lying to us about being a libertarian, or terribly misinformed. As far as we are concerned, elections are a bad thing. We are trying to end them, not win them. …Libertarians are anarchists, whether they realize it or not. Even the ones who are delusional enough to think that they are going to get elected and restore the bloody republic, are little more than useful idiots who are repeating anarchist propaganda for us through channels normally reserved for government. The goal is not to win your elections, the goal is to turn a large enough minority against the legitimacy of the State as to make its continued function impossible.”

Unfortunately, the troubles did not end with the presidential nominating process. At a time when the Libertarian Party most needs itself to be taken seriously by the American people, one candidate for party chair decided to perform a striptease on the convention stage during the process to fill that office. But perhaps worst of all, failed presidential candidate John McAfee thought it wise to attack the core demographic of libertarianism. During his concession speech, McAfee said,

“When I first joined the Libertarian Party, two things stood out very starkly. One, 75 percent of you are men. Number two, 99.8 percent of you are white. Shame on you. Shame on you, and shame on me for never having mentioned it before.”

If anything, white men deserve praise for being the demographic group that is intelligent enough to become libertarians to such a disproportionate extent. What McAfee is suggesting is that there is a white man’s burden, that it is the responsibility of white males to make sure that females and non-whites are educated and behaving properly. But rather than denouncing him as a racist and sexist, as would have been proper, the audience applauded him. Even if his intended point was that more outreach should be done to females and non-whites, there are evolutionary reasons to believe that this will be less than fruitful.

The long-term result of the 2016 Libertarian Party National Convention is hard to predict, but it did nothing to help the image of libertarianism while doing much to pollute its message. As such, the best result in the general election may be one of total failure so that libertarians can reject the approach taken by the party. As always, the path to liberty is anti-political.

On Air Ownership and Pollution

The question of how to deal with air pollution is frequently asked of libertarian theorists, as it is an issue which has been dominated by governments for far longer than a human lifetime. Accordingly, it may be difficult to transition toward a free market alternative to government environmental regulations. Several other attempts have been made to address this issue, but let us tackle the problem rigorously from first principles.

The starting point for all of libertarian ethics is self-ownership, that 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 is false by contradiction.

Because each person has a right to exclusive control of one’s physical body, it is wrong for one person to interfere 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, and one owes restitution for any acts of aggression that one commits against other people or their property. But because the non-aggression principle and private property rights are derived from self-ownership, they are dependent upon it. That which is dependent cannot overrule that upon which it is dependent, therefore self-ownership takes primacy if there should be a conflict between the self-ownership of one person and the external private property rights of another person.

Now that a logical framework is established, let us consider the problem of air pollution through this framework. The essential fact about air pollution is that the polluter adds harmful substances to the air against the wishes of those who are exposed to it, either through inhalation, external contact, or ground or water pollution as the contaminants are left behind once polluted air has passed through an area. When such exposure occurs, the pollution is not only an act of aggression against private property, but against liberty and life as well in the event of illness or death caused by the pollutants. This means that a polluter may be guilty not only of damaging property, but of assault or homicide.

But what about the air itself? We can deduce what it means to own the air from what it means to own something in general, which has already been discussed. Given the above theoretical framework, a person may own land, but the air above the land is not labored upon and is not static upon the property. (One could gain ownership of some air by performing some labor upon it, such as enclosing in a container or pressurizing it therein, but this is mostly a separate issue from that of air pollution.) But a person must have some reasonable clearance above the land to be able to move freely upon it and generally enjoy the private property right in it. This clearance might also allow one to hunt game birds and to be free from spy drones flown by other people, but could not extend high enough to impede commercial air or space travel overhead. The extent of this clearance is impossible to determine a priori and must be dealt with on a case-by-case basis through negotiations and contracts.

At this point, one may be led to think that far from the leftist caricature that libertarianism is unconcerned with environmental pollution, this framework is actually too sensitive to pollution, as any amount of air pollution could be considered an act of aggression. If true, this would require a radical reorganization of society so as to eliminate all emissions. But this is where the Reecean proviso rescues libertarianism from a practically untenable position. Because self-ownership overrules external property rights, pollution that is required for survival is permissible. As Friedman points out[1],

“Carbon dioxide is a pollutant. It is also an end product of human metabolism. If I have no right to impose a single molecule of pollution on anyone else’s property, then I must get the permission of all my neighbors to breathe. Unless I promise not to exhale.”

Another example is the burning of wood in one’s fireplace or campsite to prevent hypothermia, cook food, sanitize drinking water, etc., as disallowing such activities (or their more modern equivalent of burning fossil fuels to generate electricity and heat) would result in a massive depopulation, which in turn would destroy the institutions of private property. But the Reecean proviso cannot defend non-essential pollution, such as that produced by modern transportation or tobacco smoke, as there is no self-ownership to weigh against private property rights. Fortunately, we need not alter civilization quite so radically, as there are other theoretical considerations which are somewhat more permissive.

The distinction between non-harm, non-violence, and non-aggression means that the maxim of ‘no victim means no crime’ is an oversimplification; the more accurate statement is that no victim means no restitution can be owed and no punishment beyond what is necessary to stop acts of aggression should be meted out. This distinction allows us to differentiate[2] between noticeable trespasses and unnoticeable nuisances, the latter of which are only actionable if some damage may be demonstrated. This is because a substance which cannot be noticed and does not demonstrably cause harm is functionally equivalent to being absent, and a lack of cause for restitution leaves a court with no sentence to impose.

The dispute resolution standards in use by the polluter and the pollutee also play an important role, as a different result will occur if both use a reasonable doubt standard versus a preponderance of evidence standard. Still another possibility is that the polluter will use a private court company with one standard of proof while the pollutee will use a different private court company with a different standard of proof. Such instances would need to be negotiated and contracted on a case-by-case basis, but any competent court company would be staffed by people who are aware of such problems and capable of performing such negotiations. Coase explained[3] that such negotiations will result in some level of pollution and some restitution that is satisfactory to both. Perhaps this is not ideal for nature, but it does minimize pollution levels beyond what alternatives to voluntary negotiations have produced thus far.

Another matter is that not all property claims are established at the same time. This means that it is possible for a right to pollute to be homesteaded, in that if all of the pollution generated by a property owner falls upon unowned wilderness and stays there, then anyone who establishes property in that wilderness tacitly consents to the current conditions of present and continuing pollution. Of course, another instance which would need to be negotiated and contracted on a case-by-case basis is that of a polluter ceasing operations for a time, as the newer property owners may come to expect this new, cleaner state of affairs and take action if the polluter resumes operations.

These deviations from a strict ban on air pollution still leave in place a far greater protection of the environment than do statist environmental regulations. Whereas a private owner both exercises exclusive control over a resource and may sell either the resource or stock in it, government officials cannot generally do the latter. This means that government officials lack an important economic incentive to take care of the air. A private owner of an airspace whose air becomes polluted would sue the polluter for damages and seek injunctive relief, but the Environmental Protection Agency or its state-level subsidiaries tend to block such lawsuits when filed by concerned citizens. This lack of incentive also leads governments to pollute the air, to the extent that the U.S. military is the worst polluter in the world.

It is clear that governments cannot be trusted to defend its citizens from such aggressions, but it has done worse; it has prevented free market solutions from being implemented. During the 19th century, people whose property was damaged by factory smoke took the factory owners to court, seeking relief from the pollution in the form of injunctions and damages. The government judges, realizing on which side their bread was buttered, sided with the factory owners, claiming that the “public good” of industrial progress outweighed private property rights. Legislators, also knowing who was more capable of funding their campaigns and bribing them, joined in for the polluters and against the pollutees by eliminating the option of class action lawsuits against polluters who cause damage over a large area. Rothbard recognized[4] that technology has therefore developed to produce air pollution because governments have interfered with private property rights in this area, and a society where this was far more restricted all along would have developed in a more environmentally friendly manner.

The criticism of libertarian theories of air pollution that is least addressed is that they do not effectively deal with situations in which responsibility is greatly dispersed, such as the pollution from driving automobiles leading to smog in large urban areas or places with geography that traps harmful particles. Pollution is no more acceptable if a million people produce it than if one person produces it, but the responsibility of each person becomes so small as to be unmeasurable for purposes of restitution. There is also the matter that crime consists of both an actus reus and a mens rea, and the everyday driver does not operate an automobile with the intent to harm the environment. As with individual cases, we may expect that a Coasean negotiation will occur to minimize both pollution and damages, but the major reason that theorists tend not to address this concern is that no theory can solve a problem of mass action; only a mass counter-action, such as driving less or using more environmentally friendly fuels, can solve such problems.

In closing, a libertarian approach to air pollution does not produce perfect results, but neither does anything else, and turning this problem over to the state has only produced and will only produce ecological disaster.

References:

  1. Friedman, David (1989). The Machinery of Freedom. p.168
  2. Rothbard, Murray (1982). Law, Property Rights, and Air Pollution. Cato Journal, p. 55-99
  3. Coase, Ronald (1960). The Problem of Social Cost. Journal of Law and Economics, p. 1-44
  4. Rothbard, Murray (1973). For a New Liberty: The Libertarian Manifesto. p. 317-327