Should Libertarians Support Ethnic Nationalism?

The relationship between libertarianism and the alt-right has become a controversial issue in recent years. Views on the issue run the gamut from complete opposition to imperative alliance, with nearly every conceivable position between being advocated by someone noteworthy. Let us thoroughly explore the issue to see what support, if any, libertarians should provide to ethnic nationalist movements.

Ethnic Nationalism and Ethno-statism

Many people who support ethnic nationalism are also ethno-statists. That is, they seek to form nation-states that are ethnically homogeneous or nearly so, and they want these states to advance the interests of the majority population in an explicitly racial sense. While many ethnic nationalists advocate voluntary separation, it is unlikely that enough people would do this on a large enough scale to form the desired ethnic separation on the scale of contemporary nation-states. It would thus be necessary to initiate the use of force in order to achieve this goal, and this is nearly certain to occur regardless of whether leaders of ethno-state movements wish it to occur.

Libertarianism is a philosophical position on what constitutes the acceptable use of force. It says that initiating the use of force is never moral, but responding to an initiation of force with defensive force is always moral. This puts libertarians directly at odds with those who would use state power to force people into different associations from those which they would choose. In fact, libertarian philosophy justifies the use of any amount of force to defend against ethno-statists who attempt to forcibly separate people.

At first glance, this may appear to be an open-and-shut case, but there is far more nuance to consider. Unfortunately, most libertarian commentators stop here, failing to consider anarchic forms of ethnic nationalism as well as the role that ethno-statists may play in moving toward a free society, however unwittingly. Let us examine these and other considerations.

Anarcho-ethno-nationalism

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

Each person has a right to exclusive control of one’s physical body, so 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. Each person has full responsibility for the actions that one commits with one’s physical body, so 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. The reason for this is that one is responsible for the improvements that one has made upon the natural resources, and it is impossible to own the improvements without owning the resources themselves. To initiate interference with another person’s property without their consent also violates the non-aggression principle because it denies them the just fruits of their labors.

It is possible to form and maintain an ethnic community using these principles. Someone may acquire land and form a community upon it, granting admission only to those who meet criteria chosen by the property owner. Alternatively, a group of like-minded people may purchase adjacent properties to achieve the same result. As long as no acts of aggression are committed, people who form a covenant community may choose whatever rules for admission and continued membership that they wish. As Hans-Hermann Hoppe explains,

“With respect to some pieces of land, the property title may be unrestricted; that is, the owner is permitted to do with his property whatever he pleases as long as he does not physically damage the property owned by others. With respect to other territories, the property title may be more or less severely restricted. As is currently the case in some housing developments, the owner may be bound by contractual limitations on what he can do with his property (voluntary zoning), which might include residential versus commercial use, no buildings more than four stories high, no sale or rent to Jews, Germans, Catholics, homosexuals, Haitians, families with or without children, or smokers, for example.”[1]

As Hoppe notes, these criteria may have a racial component, as a free society has no state to tell property owners that they may not discriminate on certain grounds that policymakers deem objectionable.

It would not do to leave unaddressed the apparent contradiction in anarcho-nationalism. This is a semantic problem; the word ‘nation’ has become convoluted in its meaning. In this case, nation is to be understood in the sense of the Old English word ‘thede.’ A thede is a group of people who share a heritage, whether this be cultural, genetic, linguistic, religious, or some combination thereof. They define an identity for themselves and consider themselves to be a group of which everyone else is not part. (The term ‘elthedish’ refers to those outside the thede.) A person may be part of multiple thedes or none at all, though the latter makes survival and reproduction much more difficult. Non-genetic thedes can and do exist, but as purely social constructs without a clear biological root, they are less stable and require effort to maintain. With this in mind, it becomes clear that anarcho-nationalism need not refer to the contradictory idea of a stateless state, but to the idea of a group of people with a shared identity and common heritage who reject statism in favor of voluntary forms of social order.

A Liberal Case for Illiberalism

Of course, at this point we may expect outrage from all of the usual suspects that one would lift a finger in defense of racists. The classical liberals among these people would do well to consider their own attitudes toward freedom of speech, freedom of the press, and other such freedoms that they hold to be universal human rights. When they defend these ideas, they frequently find themselves standing up for people who make controversial and/or reprehensible statements. This occurs because censors pursue such people almost exclusively. After all, they have no motivation to target people who make ordinary conversation that has no potential to cause meaningful change. Classical liberals defend their ideological opponents from censorship because they believe that there is a short and slippery slope between infringement of the rights of some and infringement of the rights of most. Thus, they follow the quote commonly misattributed to Voltaire but actually written by Evelyn Beatrice Hall, “I wholly disapprove of what you say and will defend to the death your right to say it.“[2]

What they fail to realize is that the same is even more true of private property rights. In the libertarian view, freedom of communication is not a universal right. As Hoppe explains,

“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. …Likewise, in a covenant founded for the purpose of protecting family and kin, there can be no tolerance toward those habitually promoting lifestyles incompatible with this goal.”[3]

More generally, one has no right to communicate ideas on private property that someone else owns if doing so goes against the wishes of the property owner. Because private property is a more fundamental right than freedom of communication, restrictions on property rights are even more injurious to liberty than assaults upon freedom of speech or freedom of the press. As before, those who use their property in a mundane manner that is unlikely to cause meaningful change are unlikely to encounter interference. Those who are confronted about their non-aggressive use of private property rights will be those who use their property rights in a controversial and/or reprehensible manner, such as excluding people on the basis of race. Because there is a short and slippery slope from interference with politically incorrect uses of private property to all manner of interference with private property rights, those who use their property rights in a controversial and/or reprehensible manner (as long as no force is initiated in the process) should be the first people that libertarians (or classical liberals) defend.

Ethnic Separatism

As explained previously, libertarianism stands against an ethno-statist takeover of an existing state apparatus followed by ethnic cleansing, endorsing the use of force to defend against and stop such events from taking place. But ethno-statism need not manifest in this form. Another possibility is the concentration of people of the same ethnicity in a particular area, who then decide to secede that region from a larger state. Although ethno-statism cannot be supported by libertarians in an absolute sense because it is still a form of statism, there are several beneficial effects which may result from a race-based secessionist effort. This may allow libertarians to offer limited support for such a movement as a lesser evil than the current state of affairs with a possibility for greater potential for libertarian efforts in future.

First, let us consider the political orientation of the typical racial separatist. Overt and elevated in-group preference combined with statism results in an affinity for socialism, which tends to manifest as fascism or national socialism among white nationalists and as communism among racial nationalists of other races. If such people become concentrated in a certain area, it follows that the political climate in said area will become more socialist while the political climate elsewhere will become less socialist.

Second, it follows that ethno-statists are useful for breaking up large, powerful states into smaller, less threatening parts. If, for example, white nationalists were successful in seceding Oregon from the United States, and black nationalists were to do the same with Mississippi, then the United States government would be weaker than it is currently, and the two ethno-states would be weaker still. While there would still be much to be desired from a libertarian perspective, it would be an improvement over current levels of state power.

Third, the departure of the most bigoted and hateful individuals of all races into ethnically homogeneous territories would produce a significant reduction in racial tensions. After all, a multiracial society is more likely to succeed if those who deem it impossible remove themselves from that society, and an ethnically homogeneous society is the only way to satisfy such people. That such a scenario would distinguish the true separatists from race-baiting charlatans so as to expose the latter is a decided plus.

Next, let us consider the possible fallout from such a development. Secessionist movements, irrespective of their impetus, tend to inspire a nationalist response in other parts of a state. While this is fraught with its own dangers because nationalism is hostile to decentralization of power below the national level, nationalism is certainly a lesser evil than globalism, and may serve as a temporary makeshift on the path to a better political arrangement than that presaged by the United Nations and the European Union. If secessionists succeed in their efforts, it will inspire other secessionists to try their hand, some of whom may be far more libertarian than the ethno-statists who began the trend.

Just as altering the concentrations of racists and socialists are two-way streets, so is altering the concentration of libertarians. If people who reject libertarianism in favor of ethno-statism wish to concentrate somewhere and separate from the rest of a current state, this is beneficial for the cause of liberty in the remaining area because it raises the percentage of libertarians there. This could be a deciding factor in achieving the critical mass of libertarians necessary to form a libertarian social order.

Crossover Effects

It is necessary to explore the consequences for the libertarian movement from explicitly standing up for the rights of ethnic nationalists. Because any collaborative interaction between groups is likely to result in some degree of personnel exchange, we may expect that some ethnic nationalists would become libertarians and vice versa. If ethnic nationalists would embrace libertarianism, that means that they would accept self-ownership, the non-aggression principle, and private property rights. As a result, they would have to stop initiating the use of force in their advancement of racism and advocating for politicians to do so on their behalf. This should be regarded as a positive development by any sane person. The presence of such people would also help to counter the worrying development of entryism by social justice warriors and other leftists into libertarian circles by triggering them into leaving.

We may also expect that some libertarians will become ethnic nationalists. They are more likely to become the sort of anarcho-thedists discussed earlier than to ally with national socialists, though the latter is not unheard of. This may be a positive development, in that there is a tendency toward politically autistic hyper-individualism in the contemporary libertarian movement. This is an individualism so extreme that it fails to comprehend group identities or interests, and may even deny their existence and relevance. Mingling with ethnic nationalists may awaken libertarians to the realities of demographic issues and alert them to the fact that they will consistently lose to those who organize around a group identity unless they do so themselves.

The Nature of the West

The final matter to consider is the role of ethnicity in libertarianism itself. Anyone who has been to a libertarian gathering knows that the attendees at any such event will skew overwhelmingly white, and anyone who has studied libertarian philosophy will know that most of its authors are white and/or Jewish. Ethnic nationalists have an explanation for this that fits with the available logic and evidence. Like any other species, humans adapt to their environment. Although humans are uniquely capable of adapting the environment to themselves, differences between individuals frequently outweigh differences between groups, and there has been significant mixing of human populations, these do not completely negate the former effect. Humans in different parts of the world have also developed different cultural norms, governing philosophies, and religious traditions as adaptations to their particular environments. This explains why universally preferable values are not universally preferred and why there is a correlation between ethnicity and the acceptance of libertarian ethical norms. Those who view the West only as a portable set of ideas should consider the above explanation for why the portability of those ideas has been relatively poor and why the continued practice of them outside of the West is linked to a legacy of Western colonialism in such places.

At this point, a few caveats are necessary. None of this is to say that individuals of color cannot become libertarians, or that the failure of non-Western cultures to produce a tradition of libertarian philosophy thus far proves that they cannot. Nor should libertarians who are not of European or Jewish descent be anything less than welcome in libertarian groups. But in the aggregate, demographic disparities are natural and should be expected. The disproportionate number of white or white-passing people at libertarian gatherings is neither a problem to be solved nor an achievement to be celebrated; it is simply a result explained by evolution and history. Thus, there is cause for cautious optimism that some white nationalists may come to reject statism and socialism in favor of creating a libertarian social order in their ethnic communities.

Conclusion

Depending on circumstances, libertarians can support some forms of ethnic nationalism, as long as they only involve voluntary ethnic separation and seek to use private property rights to create their ethnic enclaves. However, libertarians should forcibly suppress those who insist on aggressive violence in pursuit of racial agendas. Regardless of whether they agree with such action, libertarians should defend the rights of anarcho-ethno-nationalists to do this, as it is both a litmus test for true belief in private property and the first target that enemies of libertarianism will attack in a larger quest to diminish or destroy private property rights. This is an actual slippery slope that must be vigorously guarded.

No libertarian can support statism or involuntary socialism in an absolute sense, but the kind of self-quarantine of such ideologies that ethno-statists propose may prove useful for libertarians who do not live in an ethno-state. If ethnic nationalism leads people to break apart larger states into smaller ones, this would be a positive step toward liberty. A more general sense of nationalism may develop in response to ethnic secessionist movements, and while this will present an obstacle to further localization in the long-term, it may be a useful temporary ally against statist globalism.

The West, and the liberty that has thus far uniquely developed from its traditions, is neither exclusively genetic nor exclusively ideological; it is partly both. Libertarian philosophy was mostly constructed by members of particular thedes, and other members of those thedes are statistically more likely to accept this philosophy. Ethnic nationalists can inform and remind libertarians of this so that efficiency may be increased by focusing more on the aforementioned thedes in our conversion efforts.

References:

  1. Hoppe, Hans-Hermann (2001). Democracy: The God That Failed. Transaction Publishers. p. 139.
  2. S. G. Tallentyre (Actual author: Evelyn Beatrice Hall) (1906). The Friends of Voltaire. Published by John Murray, Albemarle Street, London. p. 198-9.
  3. Hoppe, p.218.

Building Liberty in Minecraft

The defining feature of this time period is the Internet, which provides unprecedented freedom of speech and access to information. But the more things change, the more they remain the same. Millennials have suffered from the same steady march against economic freedom. We understand much about social media and relatively little about free markets. But a new generation can know about a free society right now, and this led me to build Liberty Minecraft.

Prior Developments

For the past quarter century, the Internet has generated emergent digital economies in which people exchange digital items for analog items, usually fiat currency. These economies offer pay at any rate, avoiding minimum wage laws that remove low rungs on the economic ladder. Digital economies also exist in massively multiplayer online games.

In 2007, more than one hundred thousand people were employed as gold farmers in World of Warcraft for as little as thirty cents per hour.[1] A gold farmer is a person who plays multiplayer games to earn in-game currency for the purpose of selling it for real-world currency. Earning in-game wealth takes time and effort. Because online games can be accessed all over the world, people can earn a competitive wage in relatively low-wage markets by selling in-game currency to players in high-wage markets. Gold farming uses server bandwidth in exchange for money that players wish to spend on the game, and this costs game developers. It was once typical for game developers to ban gold farmers, but in recent years they have turned toward economic freedom as a solution to rising costs due to gold farming.

Today, players of Runescape and Eve Online may exchange in-game wealth for tokens called Bonds or CCP, respectively. These tokens are purchased for cash by one player, traded in game to another player, and may be used to pay for membership services that would otherwise cost $10-$15 per month. Game developers like play-to-pay business models because they can sell membership services for a 30% premium and use their own players to regain market share from gold farmers.[2] For gamers, play-to-pay models can provide dollar-equivalent hourly wages of less than $1, but highly skilled players can earn $5 or more. One may earn a wage during the least productive periods of their daily lives, producing at least some value instead of none.

Transactions are not always small. For example, a player of Entropia Universe spent $2.5 million to purchase virtual real estate in 2012. This was done because in the game, land owners share the revenue generated by player-to-player transactions, and this revenue is directly convertible to US dollars. This speculative bet may have yielded annual returns of 27 percent.[3] By their nature, speculations infrequently generate a profit, but one develops ability by trial and error.

Digital economies make it easier to learn about economics. Many capitalist acts between consenting adults are illegal in the real world,[4] but such barriers are rare in online games. Digital exchanges execute billions of trades per month for any of a thousand virtual commodities. Players of all ages can make thousands of equity decisions in those markets without having to file capital gains taxes. People can lose a digital shirt and learn real economic lessons.

Experiencing economic freedom in games is all well and good. This may partly explain why millennials were so attracted to Ron Paul’s “End the Fed” movement. However, organizing society by libertarian principles is about more than economics. Non-aggression and private property require freedom from the state. No such freedom presently exists in the real world. The lack of such empirical examples may help one understand why those same millennials support Bernie Sanders and Donald Trump just four years later. We do not understand freedom from the state, and this has not changed. Because a libertarian society is foreign to our experience, people ask questions like “who will build the roads?” The answer is actually simple. Without a state, people who want roads and are capable of building them do so. I have seen this in action because of Minecraft.

Original Conditions in the World of Minecraft

Minecraft is a sandbox game. Play is self-organized within a block building, 3D world. Players may select one of three basic game modes. In Creative, one may access a menu with infinite resources. In Survival, one must gather and consume resources to live but will respawn if they die. Hardcore mode is like Survival, but death is final.

Minecraft worlds are large by default. From an origin, a player may travel 30,000 kilometers along any axis and may build 256 meters to the world’s zenith. This is roughly half the size of Neptune by surface area (if it were a terrestrial planet) or seven times the surface area of Earth. Each Minecraft world has three dimensions of this size and depth. Each world is generated algorithmically from an 8-byte seed, a string of numbers. There are 264 possible 8-byte strings, leading to over 18 quadrillion possible Minecraft worlds.

The Virtual State of Nature

Online, Minecraft is lawless. Before modifications of any kind, the only rules which govern player behavior are physical laws. You have exclusive control over your player character but anyone may attack and try to kill you, thereby gaining access to resources that you carry or protect. However, in such large worlds with abundant ‘natural’ resources, violent conflict is relatively rare because it is simply easier to work for what one wants.

Competition among Minecraft servers is unfettered and meritocratic. Engagement is high; Minecraft is the best-selling computer game at present. The barrier to entry is low: a Minecraft server can be created or copied in minutes, deployed online at low cost, and operated by anyone. In less than one minute, a player may select and visit any of thousands of servers. Participation is voluntary; players always have the option to leave a Minecraft server at once.

Minecraft servers have diverse rule sets. An infinite number of server configurations are possible with server plugins that modify the game. Within commercial use guidelines and technical limitations, server operators establish rules according to their preference. These rules need not and often do not conform with existing laws in the real world. These rules can be and are often enforced by computer code. In this way, all Minecraft servers are new principalities which may or may not be governed by smart contracts.

Social orders are spontaneously created within Minecraft. Players develop institutions that are optimized to solve problems. Users build means to produce, distribute, and trade valued goods, especially food and building materials. They create farms, roads and shelters, and also chests to organize and store items for later use. Players create and promote their own social norms. If a player does not fill in potholes or replant trees to replace those that they have felled, other players may try to change their behavior. This may take various forms, from warning them in the game’s chat to attacking problematic players. Those who share values and aesthetics build their own communities and exclude (sometimes by violence) others with opposing values. Spontaneous order thus develops with or without an explicit ethical framework.

In Minecraft, people experience social orders with arbitrary rules. So, what happens if one creates a Minecraft server that defines rules by libertarian ethics and Austrian economics? In my case, the result is Liberty Minecraft.

Long Experience in a New Order

Liberty Minecraft is a sandbox for freedom. The goal was to establish a practice environment where people may test ideas within a digital free society and may learn about freedom by playing it. For over nine months, this goal has been achieved. Play is ordered spontaneously within the physical laws of Survival Minecraft. In a number of other ways Liberty Minecraft is different.

Liberty Minecraft is not as large as a default Minecraft setting. As before, there are three dimensions but their size has changed. The Overworld is seven kilometers on a side; just under nineteen square miles in surface area. This is roughly the size of Manhattan.[4] The Nether, another region, is just as large. The End, a place devoid of most resources, is ten times larger.

Some resources in Liberty Minecraft are renewable, while others are not. Resources must be gathered in order to be used or exchanged. Products are either created by the players or discovered in scarce structures that are native to Minecraft worlds. Liberty Minecraft could someday run out of trees, water, or soil, among other things.

Liberty Minecraft has few rules. Only one rule constrains player behavior; resolve nonviolent disputes nonviolently. Players of Liberty Minecraft must seek nonviolent solutions to the problem of scarcity. Two other rules further specify conditions that permit a player to use my server: read and understand the rules, and do not hack the server. The fourth rule is followed by myself and by the server itself. This rule does not bind the players, but rather provides them with an option and a promise: everything you claim is yours; if someone else claimed it first, then it is not yours. Private property rights within Liberty Minecraft are enforced by smart contracts.[5]

To claim property, a player may use a claim tool on unclaimed land and must spend claim blocks to create a claim. Claim blocks cost $20 each. A player may also purchase land from an existing claim holder. In both cases, smart contracts are optional and available to execute these transactions. Smart contracts also enforce all other forms of property on the server. This applies to player characters.

One may engage in combat with others provided that each player turns on the ability to do so. In Liberty Minecraft, a player character is protected from other players by default. This protection is optional. A player may disable these protections and enter player-versus-player mode. By entering this game mode, a player consents to be attacked at will by other players. This allows for combat between two or more people to take place, but only if all parties involved agree to enter into mutual combat.

Competition within Liberty Minecraft is unfettered and meritocratic. In under one minute, anyone who owns Minecraft for PC can join the server and begin to act within a libertarian social order. Player interactions are voluntary, with complete freedoms of association and discrimination. No one is required or forbidden to provide for others.

Liberty Minecraft uses Diamonds, one of the in-game commodities, as money.[6] At present, Diamonds are used to create the best tools and armor in Minecraft. They are also scarce, durable, and fungible. Within Survival Minecraft, diamonds cannot be farmed or produced synthetically. To obtain a diamond, one must search for hidden chests in scarce structures or dig underground for diamond ore.

Minecraft players seem to have freely chosen Diamonds as the medium of exchange. Thus, I have chosen Diamonds as money. However, a Diamond is indivisible. This problem was addressed by creating a Diamond Exchange to split a Diamond into $1,000. The value of a dollar is measured to fifteen decimal places, so there is plenty of room for revaluation if money becomes too valuable to perform ordinary transactions.

Engagement is strong so far; since the official launch in March 2017, players have engaged in more than 100,000 trades using our shop system. A single trade may consist of anything from one item to more than a thousand items, all player created. More than 8,000 hours have been logged by the players at the time of this writing. Liberty Minecraft is also cash flow positive and profitable.

Some Problems with Liberty Minecraft

There are four clear problems with Liberty Minecraft. First, the money is inherently disinflationary. Land claims as private property can only be traded when players have a “claim blocks from play” value that is larger than the size of the claim being traded, which is a technical limitation. To provide a real estate market with existing smart contracts, players must somehow accumulate claim blocks from play. To achieve this, players accumulate 20 claim blocks per hour, which is an arbitrary amount. All players receive the same amount per hour of play. Claim blocks are worth $20 each, so players currently receive a universal basic income of $400 per hour of play. Universal basic income is an obviously anti-libertarian element, but it does present the opportunity to solve this problem and observe what happens when a libertarian society eliminates universal basic income.

Second, within Liberty Minecraft, power is centralized in a single, flawed operator. I, Nathan Dempsey, make mistakes and correct them. Both types of actions can cause problems. For instance, when I created the world border in The End, I incorrectly calculated the area. The End was roughly ten times larger than I intended, and if I had left it that way, our world would become far too large for me to economically perform regular backups. I recalculated and changed the world size. This changes the availability of resources that are found in The End. I will make more mistakes as time goes on. However, if any player decides that my choices are intolerable they may (with some work) use software to download the world and their property. Then, they may put their version of the world online with server software and compete with me for players. This functions somewhat like a hard fork of a cryptocurrency. Following a land dispute, a player decided that absolute property rights are intolerable and left after downloading the world, which proves both that new competitors may enter my line of production and that I cannot be an ultimate decision maker.[7][8]

Third, the conditions of the game and server make theft and assault impossible. A player might create a death trap, but these can only be made on one’s own property, on unclaimed land, or on land in which they have been granted permission by the claim owner to create such hazards. Because property claims are impossible to violate (unless I chose to or a hacker managed to alter the server status), Liberty Minecraft does not provide a model for dealing with aggressors against property rights aside from having the server owner (me) remove someone from the server.

Finally, the Terms of Commercial Use prohibit anyone from selling soft currency for hard currency. Therefore, I cannot offer the play-to-pay model described in the opening without violating the Terms of Commercial Use. The terms provide a narrow range of ways that I can provide value to players in exchange for money. This even applies to affiliate marketing (which is not permitted), such as with Amazon. The consequence is that I must innovate within these narrow terms, which creates an interesting problem but deviates from a libertarian order. And ultimately, Mojang, the company that developed Minecraft, is regulated by the state, so Liberty Minecraft still operates within a statist framework to some degree.

Conclusion

Minecraft spontaneously generates social orders. Liberty Minecraft is an effort to create such an order based upon Austrian economics with libertarian ethics. Within Liberty Minecraft, players operate in an unfettered free market and experience social freedoms that are opposed by state aggression. This experience sharpens one’s thinking about economic and social affairs. Experiencing economic freedom online without freedom from the state has led people to reject the Federal Reserve System but favor the state at large. The goal of this project is to test libertarian ideas in a simulated environment and lead people to reject the state in favor of private property rights and non-aggression, which one experiences within Liberty Minecraft. Liberty Minecraft has some important problems that may be solved in future updates, and represents nothing less than a proof-of-concept for exploring social orders in games.

References

  1. Valdes, Giancarlo. “Jagex Wages War against Gold Farming in RuneScape 3 with Bonds” VentureBeat, 25 Sept. 2013. http://venturebeat.com/2013/09/25/jagex-wages-war-against-gold-farming-in-runescape-3-with-bonds/
  2. Dutton, Fred. “Entropia Universe player spends $2.5 million on virtual real estate” Eurogamer.net, 4 Apr. 2012. http://www.eurogamer.net/articles/2012-04-04-entropia-universe-player-spends-USD2-5-million-on-virtual-real-estate
  3. Block, Walter. “Fake Economic News | Walter Block” YouTube, Mises Media, 4 Aug. 2017. www.youtube.com/watch?v=FiwhlU4d-nY
  4. Dempsey, Nathan. “How The World Works” Liberty Minecraft, 14 Oct. 2017. www.libertyminecraft.com/how-the-world-works/
  5. Dempsey, Nathan. “How Private Property Works” Liberty Minecraft, 4 June 2017. www.libertyminecraft.com/how-private-property-works
  6. Dempsey, Nathan. “How The Money Works” Liberty Minecraft, 4 June 2017. www.libertyminecraft.com/how-the-money-works/
  7. Dempsey, Nathan. “Free Market Update: Land Disputes” Liberty Minecraft, July 2017. https://www.libertyminecraft.com/free-market-update-land-disputes/
  8. Hoppe, Hans-Hermann (2001). Democracy: The God That Failed. Transaction Publishers. p. 21.

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

The Ethical Notions Of Personhood And Savagery

This article expands upon an essay found in Libertarian Reaction.

A fundamental fixture of Christian values is the inherent sanctity of life. Christian values are at the basis of all modern Western philosophy, and as such this also applies to libertarianism, as it is fundamentally born out of thinkers and theories from Christian Europe. Although the contemporary libertarian movement owes much to Jewish thinkers such as Ludwig von Mises and Murray Rothbard, it still has the Western Christian roots with which it began.

It is important to note that Christian values are somewhat divorced from the Christian faith. One can still agree with the basic values of Christianity without adhering to the religious practice, as evidenced by the idea of cultural Christianity, which regards Christian teachings as useful even if they are not necessarily true. Because of this influence, libertarians often assume at the basis of their ethics that any living human can be considered a person, and thus every living human can be held to the same moral standard. But this is demonstrably not the case, as there exist humans who are unwilling or unable to be moral actors.

We must consider these humans under a different set of ethics, and we must recognize that there are humans to whom we cannot apply our notions of personhood. There exist humans who reject the idea of a right to life. In order to effectively deal with their performative contradiction, we must exclude humans who reject the right to life from the protected status of having a right to life. If one assumes that life is valuable, then one must take one of two positions: either that life is valuable even if it goes against life, thus contradicting the main principle; or that life can cease to be valuable. With the second assumption, one can still hold that life is valuable. However, it has a clause that it loses its value when it goes against life. From this, we can formulate a theory that allows for killing in limited circumstances when this would preserve life rather than destroy life.

The Edge Of Personhood

At this point, we are introduced to both a fascinating and a potentially terrifying concept. There is a possibility that some humans are fundamentally incapable of mutual respect for life, and thus they are not persons in the ethical sense. If this is true, then libertarian theory needs to exclude certain humans entirely. After all, one cannot expect to achieve a libertarian world if it is populated by humans who do not respect life, liberty, or property, and respecting the latter two is meaningless if one does not respect life, as there is no liberty or property without life.[1] Due to this, there can be no cohesive libertarian social order without the exclusion of this subsection of humans who cannot be properly considered persons. These humans are incompatible with life, liberty, and property, and accepting them as people will create a theory and practice that cannot result in a libertarian social order.[2]

It is necessary to classify humans into two groups: those who have the capacity to observe ethics based on the preservation of life and those who do not. The first group are ethically and morally persons, the second are savages. One cannot conflate persons and savages without contradiction, moral relativism, or outright nihilism. In order to make such a classification, it is necessary to establish a set of criteria that would exclude someone from the classification of person and make one a savage. This may be done by observing that rejecting certain principles will make someone incapable of respecting the lives of others.

There are humans who cannot understand the ethical reasons for preserving the life of other humans even when it may be inconvenient to them. These humans value their own lives and will protest if anything is done against them. However, these protests are empty because they will not afford the same courtesy to others. To them, the idea of a right to life is not an inherent right for everyone, but a political weapon that they can use for their own benefit. They will defend their own lives at the expense of everyone else in their society. These humans will be a minority of any non-primitive society, but they are still a significant theoretical and practical concern, especially when one considers the rise of some groups who show increased tendencies to be opposed to the life, liberty, and property of others.

It would also be meaningless to introduce the notion of savages without defining the traits in humans that are capable of creating respect for life, liberty, and property. Since all action starts in the mind, there must be psychological reasons to explain why some humans are able to respect rights and others are not. One can attempt to rationalize why some humans are savages and try to use it as an excuse for savagery, but this ignores the main issue, which is that some humans are pathologically incapable of respecting life. The reasons for this are irrelevant in ethical considerations, and are only important insofar as one cares to prevent more humans from becoming savages in future. On an interpersonal level, we must show compassion for these humans, but compassion alone cannot dictate our philosophy.

Forming Morality

There are three conditions that must be met in order to form morality. First, people have to prefer morality over the lack thereof. Second, people have to prefer reason over the lack thereof. Third, people have to be capable of empirical observation. If any one of these conditions is not met, there can be no morality on an individual scale. Most humans are capable of all three. Many are poorly capable in some regard, which creates an inconsistent regard for life, liberty, and property, but it still is a degree of respect which makes humans able to function within a society based on law. A human who does not prefer morality cannot prefer to be moral over being immoral, which means that these humans cannot be moral actors and are therefore in the savage category. If a human is fundamentally incapable of preferring morality, then they can have no place in a society that aims to create virtue and/or wealth.

The most important of the three is the capacity for reason. Whereas rationality is the defining feature that separates humans from other animals and the basis of all morality, there is no personhood without rationality. Without reason, one cannot know what is moral beyond what one can instinctively distinguish or what one can absorb from external sources. This may be enough for some humans, but external conditions are always changing. The need to temper empirical results with logic produces a constant need for reason in morality. Abstract thinking requires well-developed rational faculties, and morality is based in abstractions of virtue. Additionally, even perfect knowledge of morality must be accompanied by the wisdom to properly apply it to real-world circumstances. There are situations in which different moral ideas will collide and without reason, these conflicts cannot be productively and consistently resolved.

Furthermore, there are moral values that are eternal and unchanging, and these too require reason to comprehend. These are values ingrained in the very nature of man which would require many generations of evolution to change, thus placing such contemplations outside of the context at hand. These are the base drives that manage to uphold and sustain society. Without reason, we can lose control over these drives. Humans are easily confused; our urges can be misdirected, and the only way to prevent this is with constant vigilance through reason. Without reason, humans are incapable of fully comprehending the purposes for the existence of morality. If humans lose touch with the purpose of morality, then they will lose touch with morality itself.

Finally, there is the capacity for empirical observation. If a human is incapable of seeing reality as it is, he may act immorally while trying to be moral. Moral theories must be subject to testing in the real world in order to be useful for creating and maintaining civilization. New knowledge and discovery must always be put to use when we discuss morality in the current state of society. Even though some staunch traditionalists will disagree, this is not fundamentally in opposition to tradition. Tradition is cultural knowledge that is both maintained and created, a millennia-long collection of best practices. Tradition is the only starting point which can provide this knowledge, but it should evolve in order to absorb new information. By carefully integrating new knowledge in new conditions into tradition, we are able to maintain morality on a societal scale.

The Nature Of Savagery

If there exist humans who are savages, then we must consider who they are and how they act. There are two groups of humans who are obviously savages; the power-hungry members of society who sacrifice the well-being of others to advance their own status, and members of uncivilized societies who are trying to integrate into civilized societies. In the Western cultural sphere, these manifest as leaders of large corporations, politicians, and immigrants from Islamic and African countries. It is a well-known fact that there is a correlation between sociopathy and other pathologies that make it difficult to care for the well-being of other humans, and the humans who hold high positions of power. In fact, almost every modern institution that controls our societies consists of these immoral humans who are in high positions of power. Their savagery is hard to see for many humans, as they perform most of their immoral actions through proxies and covert pressure, but they are still immoral.

There are obviously humans with the same pathologies who do not manage to reach high positions of power, but due to the current institutional incentives, the institutions of power are built to accommodate their behavior. However, we can elaborate that all humans who are narcissists, psychopaths, or other mentally disturbed individuals do not possess the capacity to value the lives of others. In fact, the only way they can demonstrate that they can value life is if they are actively seeking help. Perhaps more importantly on a cultural level, the rejection of individualism and enlightened self-interest is in large part due to this sort of subnormal behavior. Few would associate self-interest or individualism with evil if it was not portrayed as such by humans who are incapable of respecting others. If those who wish to create a society of self-interest and individualism, which is supposed to be beneficial for those within the society, do not reject anti-social behavior, they will fail on both a philosophical and cultural level.

The obvious examples of the second group are devout Muslims and many third-world immigrants. We may just act as if they lack the capacity for reason, but that is only the truth with certain immigrants from the third world. In parts of Africa and Latin America, the development of societies based on rational laws has not occurred. This has not been improved by the political, economic, and social colonization of Africa by whites. There can be no principled opposition to conquering land if it was previously occupied by savages, but this cannot justify the current affair of near-total control over developing nations. It is not the business of first-worlders to interfere in the workings of others, and it will only result in a worse condition of the world for everyone. However, due to the current institutions of the West, there is an influx of immigration from the third world. Many of these humans are irrational and do not assimilate to rational laws. There are exceptions, but the majority of these migrants will only serve to decivilize more advanced countries.

With devout Muslims, the issue is not that they are unable to understand reason alone, but rather that they are incapable of applying it to the real world. Their religion distorts their worldview to such an extent that they often apply their morality in extremely inconsistent and often reprehensible ways. Even though the extreme social conservatism may appeal to some reactionaries in the form of white sharia, it is important to understand that their beliefs are borne not out of principle, but rather the dominance of their religion. It is also clear that Islam in its current state is a misogynistic religion, as tainted as that word has become, and it is important to protect women in healthy societies. Furthermore, the opposition to homosexuality and other degeneracy in Islam is not the civilized sort that is present in Christianity, but simply violence and often perversion. However, ex-Muslims in general and female ex-Muslims in particular show a capacity to function normally in society.

In the previous group, we also must include Antifa and some other communists. This may seem shocking, as they have been raised in civilized societies and have mostly lived in civilization for their entire lives, but many of them have been decivilized by their college educations. The constant drive to go against morality, “whiteness” (European values and cultural attitudes), and society in these institutions causes some humans to lose their ability to comprehend reason and empirically observe reality. They create their own culture, which is based on a system of analysis that only feeds more into their own culture, resulting in them functionally living in a different reality than the rest of us. As such, they are not acclimated to civilization and we cannot consider this group of young humans to be capable of civilization until they learn how to observe reality and use logic again.

The final group consists of humans who commit such heinous crimes that one must assume that they lack one or more faculties necessary for morality. They are savages because they have demonstrated their savagery, and not because we know how they lack certain attributes. These are the pedophiles, sadists, rapists, and mass murderers. They are humans who are not capable of moral reasoning and are savages due to how they behave. One may not understand the mental deficit of each of these humans, but they must lack something in order to commit crimes of such a depraved degree. Although it may be fashionable to oppose the death penalty, there cannot be an ethically sound argument against the death penalty once one considers that not all humans are in the same category of personhood. Note that this does not mean that the state should hold the power of the sword; only that it is morally possible for someone to do so.

Conclusion

A society can use coercive sociopolitical systems to counteract savage tendencies, but this is unacceptable as a solution from a libertarian perspective. Thus, libertarians must ensure that communities founded on libertarian principles are intolerant of humans who are incapable of being virtuous. Otherwise, there can be no libertarian social order. The notion that everyone should sacrifice their freedoms for the protection of the social class of savages should be thoroughly immoral to all libertarians. Savages will always bite the hand that feeds, so it is only detrimental to feed them. This does not mean an extermination of savages, but rather a systematic exclusion of savages from libertarian societies. While the result may be the same if they cannot survive without parasitism upon civilized people, morality is not dependent upon results.

Footnotes:

  1. It is important to note that some people violate the rights of others in certain moments of criminal passion, and that this is a separate concern from what is being discussed here. We are concerned here with those who are pathologically opposed to fundamental ethical norms.
  2. Note that the need to create an exception for those who are pathologically incapable of ethics both defeats and makes possible the common notion of universalist ethics. It is vital to create two classes of humans; however, one may argue that if these two classes exist, then ethics cannot be universal.

On Immigration and Outlawry

By any objective measure, the immigration system in the United States is a joke. Current estimates find at least 11 million illegal aliens living in and working in the United States. There is a possibility that the real figure is significantly higher, given the fact that criminals do not normally volunteer to tell census takers about their criminal exploits.

If one needs any more proof that American immigration policy is a logical mess built on wobbly legs of moralism, then one need look no further than the current controversy over DACA. Deferred Action for Childhood Arrivals, which produces so-called DREAMers, is nothing more than warmed-over pablum about each new arrival making America more “American.” The Left fights for illegal immigrants and their children because Hispanics and Asians, who make up the majority of America’s immigrant population, are among the most solidly Democratic voters in the country. Mainstream Republicans tend to favor “amnesty” or “immigration reform” because their corporate overlords have an unending appetite for cheap labor. The mushy middle either keeps silent or pretends to support DREAMers and other illegal aliens simply because they do not want to look like the “bad guy.”

Curtailing illegal immigration is a public safety issue. Contrary to establishment media propaganda, illegal and legal immigrants are overrepresented in American crime statistics. They are nine percent of the U.S. population overall, but make up about 27 percent of the federal prison population. It is also a cultural issue that directly weakens the original American promise of liberty. Freshly arrived immigrants and well-established immigrants both use welfare at higher rates than the native-born. 48 percent of all immigrant households are on some kind of welfare. Hispanic immigrants alone use 73 percent of this 48 percent share. Such welfare dependency expands the vampiric state, and in turn promotes the continuance of anarcho-tyranny (more on that shortly). Such a state will never voluntarily shrink itself; therefore, the more immigrants America has, the more the American Leviathan will expand and consume.

Illegal immigration has helped wages for working-class Americans to either stay the same or decrease since the 1970s. These Americans, many of whom have failed to get the stamp of approval of the neoliberal world order that is known as a college diploma, the opportunities for ascending the economic ladder have virtually become null and void. This is a direct suppression of economic liberty via the coercive force of the state and its unwillingness to enforce its own laws.

Finally, curtailing illegal immigration means protecting the unique heritage of the United States. America is not a “proposition nation,” nor can such a thing really exist, despite all of the starry-eyed propaganda to the contrary. America and its culture can be traced back to the English Reformation of the 16th century. New England received the rebellious Puritans, who dissented from the Stuart’s practice of the divine right of kings and the supposedly godless idolatry of the “popish” Anglican Church. Virginia on the other hand became the home of Englishmen from the Vale of Berkeley, a part of old, Anglo-Saxon England with a strong tradition of slavery and hierarchical social relations. Subsequent waves of Scots-Irish, French Huguenot, and German Protestants added to this English culture, thus creating a firmly Anglo-Celtic and Protestant nation by the 18th century. The Declaration of Independence and the Constitution did not make America; these failed pieces of paper merely tried to document a culture and a people that already existed. This culture is precious and should not be beholden to the whims of transnational corporations or academic aristocrats who control the moral economy.

A true libertarian alternative to America’s broken immigration system would emphasize the concept of outlawry. This pre-modern designation, along with attendant penalties, would not only help to decentralize border enforcement, but it would also prioritize punishments for those individual aliens who enter the United States illegally and who commit crimes against people and/or property. By branding illegal aliens who also attack Americans as outlaws, enforcement would fall to local jurisdictions, not to the monolithic federal government.

Anarcho-Tyranny

The term anarcho-tyranny was first coined by paleolibertarian writer Samuel T. Francis. According to Francis, this is a state of affairs in which real crimes are not policed, while innocents are tyrannically controlled. Francis’s concept echoed the wisdom of 18th century conservative Edmund Burke, who noted that “Society cannot exist unless a controlling power upon will and appetite be placed somewhere, and the less of it there is within, the more of it there must be without.”

When it comes to state-enforced multiculturalism, freedom of association is curtailed under the auspices of keeping the peace. Ingrained tribal prejudices must either be shamed out of existence or injected with happy drugs. Christian bakers must create wedding cakes for gay couples so that the neoliberal state maintains the consent of homosexual voters. Americans who exercise the right of self-defense in some states have to deal with the prospect of police officers invading their homes and confiscating their guns because someone claimed that they were crazy. All of these are examples of anarcho-tyranny in practice.

Anarcho-tyranny can be seen when Antifa and Black Lives Matter agitators are allowed to riot while the Unite the Right demonstrators faced down riot police after suffering the slings and arrows of the control-left. Every violent protest in recent memory could have been put down with extreme prejudice against radical leftists, but the police almost invariably hang back either because they do not want to be called “racist” or because their superiors told them to give the rioters room to blow off steam. (When they do not hang back and instead form and hold a protective line, events tend to remain nonviolent.) These decisions not only cost private businesses and business owners millions of dollars (when was the last time that violent protestors in America seriously attacked state buildings?), but they also directly oppress law-abiding citizens. After all, what does the state do better; capture real criminals or harass individuals exercising their liberty?

When it comes to illegal immigration, the state has the money and resources to enforce existing immigration laws. It simply refuses to do so because it is in its rational self-interest to behave in this manner. A multicultural society with low trust levels between citizens is the ideal state for those who seek to create statism. When neighbors do not trust each other or do not even interact with each other, each threat, real or perceived, becomes the job of outside forces, namely the police. What this does is remove the responsibility of personal and communal defense from individuals, thus further legitimizing the idea that the state is the only entity that has a right to use violence.

The Concept and Practice of Outlawry

In pre-modern societies, outlaws were those individuals or families who directly threatened the security or private properties of the community. Since these communities managed their own security and made their own laws, they had a very visceral idea of why branded outlaws were dangerous.

In ancient Greece, organized thievery was considered a somewhat legitimate way of earning money. Later Balkan cultures (for instance Serbia) relied on bandit warriors named hajduks in order to resist Ottoman Turkish control. British Marxist historian Eric Hobsbawm would later characterize the hajduk figure as an “invented tradition”—a masculine folk hero that lived outside the cloying strictures of both Turkish and official Serbian rule.

The ancient Romans did not take the Greek view of banditry. The Roman Republic considered outlawry to be the antithesis of Roman virtues like Industria (industriousness) and Severitas (self-control). The later Roman Empire similarly took a dim view of outlaws. The punishment for banditry was fierce—all outlaws became “non-persons” and were barred from maintaining or earning Roman citizenship. Furthermore, outlaws, which were known in Latin as latrones, faced the threat of losing all property rights, crucifixion, or being used as animal bait during gladiatorial games.

Several famous outlaws struck against Rome, thus showing why the Senate and the Caesars took outlawry so seriously. Between 147 and 139 BC, Viriatus, a Lusitanian sphered led a rebellion against the Roman government. After surviving praetor Servius Sulpicius Galba’s massacre of the Lusitani, Viriatus swore revenge and created a peasant army in what is today Portugal and Spain. Viriatus’ army initially had the upper hand during the Lusitanian War, especially when Celtiberian tribes decided to join his cause. Ultimately, Rome crushed the insurrection by renewing the war after Viritaus agreed to a peace with Fabius Maximus Servilianus. Servilius Caepio bribed war-weary Lusitani emissaries with a money and peace if they assassinated Viriatus, which they did. Rome would rule Hispania until the 5th century AD.

In the medieval world, outlaws continued to plague private citizens as well as the state. In medieval England, outlaws were those individuals who were considered “outside of the law” (hence “outlaw”). These individuals had been accused of crimes in court, and if they failed to appear before a local judge, the sheriff was sent to get them. Robin Hood is the most famous outlaw of this period. In the late medieval courts, outlaws were those who committed treason, rebellion, or murder. A special writ of capias utlagatum could be issued by the Crown or Common Pleas. In these instances, sheriffs could seize the property of outlaws, which was then forfeited to the Crown.

As recounted in the work of Michel Foucault, pre-Enlightenment Europe disciplined all outlaws and criminals very publicly. For instance, in 1757, Robert-Francois Damiens, a domestic servant who tried to kill King Louis XV, was drawn and quartered by the command of the king. Such punishments seem ghastly to us today, but that is only because the Enlightenment took a completely radical approach to the entire concept of criminality.

Thanks to social reformers like Jeremy Bentham and others, crime became something that could be cured, or, at the very least, hidden away from society. This idea of criminality as something “antisocial”—as something against the mass of individuals that make up so-called society—led directly to the growth of the impersonal penal state. Rather than be punished and made to perform restitution by the Crown or the process of common law, modern-day outlaws are institutionalized by prisons that operate very much like schools and hospitals. In essence, outlaws are still those who go against the wishes of the state, but the modern state sees it as its duty to try and rehabilitate these criminals. Of course, the government seizes money from private citizens in the form of taxes in order to carry out these hare-brained designs.

For A New Outlawry

Officials in the modern state have no real conception of interpersonal violence because the state is not controlled by a small set of private individuals. The state is a monstrosity that moves forward with its own internal logic, regardless of which political party is in power. In order to reclaim any sense of liberty in the modern world, America must embrace the pre-modern sense of security and responsibility as primarily the province of local communities.

Rather than rely on labyrinthine state and federal laws that only seem to allow repeat offenders to constantly cross back and forth between borders, a more sane alternative would simply brand those illegal immigrants who commit serious crimes as outlaws, seize their property (if they have any), deny them the possibility of ever obtaining American citizenship, and force them to pay restitution to their victims.

Furthermore, like the “civil death” doctrine of medieval Europe, immigrant outlaws should face the wrath of the civilian population. Rather than promote further statism through the use of federal agents or local law enforcement, private individuals should be able to take the reins of enforcing immigration laws. In preparation for a stateless society (or at least a society that does not fit the current definition of the neoliberal state), free associations of individuals should be tasked with not only securing their properties and the border, but should be authorized to apprehend outlaws and bring them to court.

As dangerous as these laws may sound, they at least would show that this country and its people take immigration laws seriously. Similarly, so long as illegal immigrants only fear deportation, they will consistently break American laws in order to get on American welfare or to work for better wages in this country than elsewhere.

Physical Removal

Hans-Hermann Hoppe argues that culturally destructive forces like Marxism, both economic and cultural, should be physically removed from libertarian societies in order to guarantee the survival of liberty, free association, and voluntary transactions. Continued illegal immigration is clearly a threat to America’s precarious liberty, and as such should be met with a form of physical removal. This removal should be accomplished by private citizens or groups of private citizens.

First and foremost, the police, in the words of Robert Taylor, “do not exist to protect you, defend private property, or maintain the peaceful order of a free society.” Taylor further notes that the primary function “is to make sure that the state’s exploitation of the public runs as smoothly as possible.”[1] Therefore, security should become a private affair. This includes enforcing the law against illegal immigrants who directly threaten communities.

Criminal illegal aliens should answer for their crimes in front of the communities that they have injured. As Hans-Hermann Hoppe writes:

“Families, authority, communities, and social ranks are the empirical-sociological concretization of the abstract philosophical-praxeological categories and concepts of property, production, exchange, and contract. Property and property relations do not exist apart from families and kinship relations.”[2]

There is no need for a government corrective here. Immigrant criminals, many of whom come from countries where socialism is the norm, not only carry the possibility of political warfare (in the form of voting for or giving a raison d’etre for anti-liberty statists), but they expressly threaten the organic unity of American families through violence. As ever, the democratic state can grow from the chaos of illegal immigration, and as such, stopping criminal aliens without the overview of the state is one way of circumventing state power.

Objections

Such a draconian proposal is certain to meet with objections from both the political mainstream and from left-libertarians, so let us attempt to address some of the most likely criticisms. First, left-libertarians consistently make the argument that open borders are the only truly libertarian solution to the problem of state power and statism. However, as has already been noted in this publication, “maintaining a distinctive culture is a good reason to restrict immigration.” Of course, immigration has economic benefits, but all libertarians should ask themselves whether immediate economic benefits are worth the cost of potentially dissolving any chance for a libertarian social order. After all, Taylor correctly notes that the left-libertarian case for open borders often conflates state with nation. He notes that “the state is artificial, arbitrary, and coercive,” but calls a nation “a national identity, protected by borders.”[3] This is healthy and natural so long as private property rights on the border are respected.

Another possible libertarian criticism of the entire concept of national borders is the problem of state coercion, namely the fact that immigration laws are fundamentally about states using force to welcome or remove private individuals based on sloppy thinking or criteria that seems highly flexible and dependent on the whims of Washington bureaucrats. An answer to this criticism can be found in the words of Murray Rothbard, who summarized why libertarians should never overlook the fact that “nation” is a category separate from both “state” and “individual.” Rothbard writes:

“Contemporary libertarians often assume, mistakenly, that individuals are bound to each other only by the nexus of market exchange. They forget that everyone is born into a family, a language, and a culture. Every person is born into one or several overlapping communities, usually including an ethnic group, with specific values, cultures, religious beliefs, and traditions. He is generally born into a country; he is always born into a specific time and place, meaning neighborhood and land area.”[4]

To ignore this is the height of political autism.

A third criticism is that implementing outlawry encourages murder. The plan described above only labels unrepentant, determined aggressors as outlaws, and killing aggressors is defense, not murder. Furthermore, anyone who tries to kill an outlaw but instead ends the life of a non-outlaw would be guilty of premeditated murder and thus subject to life imprisonment or capital punishment, thus providing a strong deterrence against overzealous outlaw hunters.

Finally, the most likely objection to this plan is that it would lead to vigilante justice, but in a sense, that is precisely the point. And is not vigilante justice preferable to anarcho-tyranny? A world wherein outlaws are chased down is better than a world wherein immigrant criminals rape and murder, get deported, then rape and murder some more before being thrown into a money-making machine run by the state.

Conclusion

The outlaw solution would encourage communities, towns, and counties to mobilize their independent resources to protect their own people from the threat of criminal illegal aliens. If a serious crime is committed, then these localities could extract just punishment from the criminals without feeding into the state’s prison system. Outlawry not only takes away the state’s monopoly on violence; it is also preferable to any open or quasi-open borders situation wherein wanted and unwanted immigrants used public roads and public property that once belonged to private individuals.

The concept of outlawry as a way to combat illegal immigration may only be feasible in a truly libertarian state. However, certain measures could be put in place at present that could dramatically change the on-the-ground reality. Namely, the rise of border militias like the Minutemen is a positive development. America should go further by abolishing the Border Patrol and replacing it with private security agencies that have to answer to those citizens who own the land on the American border. Unlike federal employees, these private agents could be fired for doing a poor job and/or for colluding with Mexican drug cartels.

Illegal immigration has not only helped the cause of “Brazilification” in America, but attendant criminality is a direct threat to all private citizens, their properties, and their freedom of association. Given this reality, criminal illegal aliens who return to the United States after being arrested, convicted, imprisoned, released, and deported should be treated as outlaws and should face the possibility of death for impinging upon American liberty. This proposal has the added benefit of legitimizing decentralized power structures in the face of anarcho-tyrant state.

References:

  1. Taylor, Robert (2016). Reactionary Liberty. CreateSpace Independent Publishing Platform. p. 125.
  2. Hoppe, Hans-Hermann (2001). Democracy – The God That Failed: The Economics and Politics of Monarchy, Democracy, and Natural Order. Transaction Publishers p. 203.
  3. Taylor, p. 221.
  4. Rothbard, Murray. Nations by Consent: Decomposing The Nation-State. Journal of Libertarian Studies 11:1 (Fall 1984). https://mises.org/library/nations-consent-decomposing-nation-state-0

How To Rein In Censorious Technology Giants

Over the past decade, the large technology companies of Silicon Valley have transitioned from a mindset of attempting to make government censorship impossible to a mindset of attempting to make government censorship unnecessary. Those with views which are in opposition to the progressive narrative have increasingly found their posts removed and accounts suspended on the social media platforms created by these companies. Though this is not a new problem, it has escalated since the firing of James Damore from Google and the unrest in Charlottesville. Those who are not part of the progressive movement, such as conservatives, libertarians, reactionaries, and the alt-right are increasingly finding themselves shut out of open discourse online, having to either signal compliance with the left or risk being de-platformed on the most popular social media sites. Though the alt-right has borne the brunt of this so far, it is unlikely to stop there, as the contemporary left does not value discourse in the same way as their classical liberal predecessors. There are several proposed responses to this situation, but none of them are likely to effectively deal with the problem. Let us examine these to discover their shortcomings, then craft a novel response that is more likely to succeed.

The Mainstream Libertarian Response

In the mainstream libertarian view, the large size of Google, Facebook, Twitter, Apple, GoDaddy, Paypal, and others are astonishing success stories of free-market capitalism. They tend to view these technology companies as private businesses whose owners should be able to freely choose with whom they will associate or not associate. Indeed, many libertarians view ostracism as a nearly universal positive, working to reward preferred behavior while punishing dispreferred behavior. If these companies behave improperly, mainstream libertarians believe that the market will punish them by elevating an alternative to prominence.

Though ostracism on the basis of behavior is nothing new, the crowdsourcing power of the Internet has transformed it into a political weapon that can be used to ruin people unjustly. Moreover, it is capable of dividing an entire society along ideological lines. When reasoned discourse is shut down and unpopular viewpoints are suppressed by howling irrational cyber-mobs, those who are de-platformed are likely to have their internal victim narratives confirmed, radicalizing them further. This may serve as a precursor to a novel type of civil war, one which arises when the heated rhetoric that is naturally produced as a byproduct of democracy escalates into political violence and there is no peaceful outlet to reduce tensions before they consume the entire society.

In a free market, censorious behavior from the largest companies would be of little concern. As John Gilmore, co-founder of the Electronic Frontier Foundation, said, “The Internet interprets censorship as damage and routes around it.” But it is also true that those in positions of power view checks, balances, and competition as damage and seek to route around them. Technology giants accomplish this partly by lobbying governments to regulate their industries in a manner that they can capture, as any other large companies would. But they have another weapon which can be even more potent: they can use their platforms to keep their upstart competitors out of search results and application stores. This can keep their competitors from gaining the brand recognition necessary to build the user base to become successful social media platforms. This was less of a problem in the early days of social media when turnover of the most popular sites was higher, but the near-monopolies of the largest companies are no longer as vulnerable.

The Conservative/Alt-Right Responses

In the view increasingly expressed by conservatives and alt-rightists, the Internet is an essential aspect of life in the 21st century, and the technology companies that deny people access to the most popular social media platforms, domain hosting services, and payment processors are curtailing both the civil liberties and economic opportunities of those people. The largest technology companies are effective monopolies, in that these firms are the only sellers of products and services that have no close substitutes. In response, they call for the state to regulate these companies as public utilities, much as they do to providers of electricity, water, and natural gas. This line of thinking also leads to support among these people for net neutrality regulations. Some argue that government regulation is even more necessary in this case, as the network effects and first-mover advantages of the largest technology firms mean that a competitor cannot provide the same quality of service even if there are no significant barriers to entry into the business of creating social media platforms, search engines, and payment processors.

However, treating social media as a public utility is likely to cause more problems than it solves. When governments began regulating other industries, innovation in those industries slowed. The companies which were nearly monopolistic either remained so or became real monopolies, as competition became even more difficult. Freezing current troublesome companies in place as major players rather than allowing upstarts to displace them is an undesirable outcome. This is exacerbated by the fact that public utility regulations are just as vulnerable to regulatory capture as any other regulations. It is also strange to equate losing social media presence with losing access to goods and services like clean water or garbage disposal, as one can live a healthy life without access to social media. Furthermore, the cost of regulation is likely to be high, and the regulated businesses will pass this cost onto their customers.

A Radical Proposal

To summarize the above responses, the mainstream libertarian would do too little while the conservative or alt-rightist would do too much. What is needed is an approach that can stop the censorious technology giants from abusing the power they have accumulated without causing the innovation-stifling and monopoly-calcifying effects of government regulation. This approach should use state power in a manner which does not expand said power beyond its current size and scope, but will solve the problem with minimum malign interference in the economy. Fortunately, there is a simple and powerful solution which may be explained in a straightforward manner.

To begin, let us note that all of these technology giants are incorporated companies. A corporation is a legal fiction created by the state to shield business owners from full financial liability and ease the enforcement of laws upon those businesses. It is impossible to create a corporation without involving the state, as attempting to do so without registering the corporation with a government will have no effect. The closest one could come would be to negotiate recognition of a business entity with limited liability with each customer of that business, but this would not be identical to a state-recognized corporation in terms of its interaction with the state. Two results directly follow from this. First, registering a corporation amounts to participation in a government program. Second, state-recognized corporations are not truly private businesses, but public-private partnerships in which the state provides limited liability through its monopoly on courts and the private business fulfills its purpose, whatever it may be.

In order to participate in a government program, a person or other entity is supposed to be in compliance with government laws. In the United States, the highest law with which a state-recognized corporation should be in compliance for this purpose is the Constitution. The Constitution contains a number of provisions which are supposed to limit the conduct of government, including provisions to protect freedom of speech, freedom of the press, freedom of assembly, security against unreasonable search and seizure, and due process, among other rights. Because state-recognized corporations are public-private partnerships, they should be held to the same limitations on their conduct.

Thus, we arrive at an approach that meets the conditions described above. The technology giants that are currently engaging in censorious activities against viewpoints that they find disagreeable should be approached by the state and given two choices. Their first option is to begin respecting the aforementioned rights in accordance with the above argument and stop their censorious behavior. Their second option is to forfeit their corporate charters and right to do business as a corporation in the United States. This means that they would lose access to all government contracts, loans, and grants, could not be bailed out by taxpayers if their businesses falter, could not receive property taken through eminent domain, and the personal assets of everyone in the company would be available for paying civil damages. In other words, the leadership of the technology giants would have to choose whether to contribute to a more open marketplace of ideas or to become free-market businesses, either of which would be an improvement upon the current state of affairs. Even the hint that such a proposal is being considered by high-ranking federal officials would have the technology giants rushing to behave better, and could accomplish the same results as public utility regulation with far less threat to innovation.

Now let us apply the test described above,

“This approach should use state power in a manner which does not expand said power beyond its current size and scope, but will solve the problem with minimum malign interference in the economy.”

Currently, the federal government enforces anti-discrimination laws on bases other than those involving the people being de-platformed by the technology giants. This proposal implicitly adds the basis of political ideology to race, gender, age, sexual orientation, and other currently protected categories. While this may appear to be an increase in scope, it would actually work to level out some of the discrepancies caused by protecting only the aforementioned categories. In order to evade constitutional restrictions, the federal government typically uses carrots rather than sticks to gain compliance from state government and large corporations, in the form of only awarding federal funding to compliant entities. Here, strings attached to continued recognition of corporate charters takes the place of strings attached to funds, but the overall methodology is unchanged.

As for malign interference in the economy, the latter option may appear to be so, but it is not upon closer scrutiny. First, no rational person in a leadership position at a technology giant would choose it due to the enormous risks involved in running such a large business without the legal shield of a corporation. Second, if any technology giants did choose the latter option, the change of ending state-recognized corporations in favor of government independence and full responsibility would be a beneficial move toward a more free-market economy.

Objections

Such a novel and radical approach is certain to meet objections, so let us attempt to anticipate and deal with some likely criticisms. First, there is the potential for technology giants based in the United States to balk at this dilemma and respond by leaving the United States for more favorable conditions elsewhere. Though this may be extremely disruptive in the short term, it would remove the canopy that is blocking the sunlight needed by the seedlings that seek to grow and replace the technology giants. The end result would almost certainly be both a more open and a more free market in the long term. But this is an unlikely result, as they would not wish to lose such a large and wealthy customer base as the American people.

Second, such a move would certainly be challenged in court, and the Supreme Court may see fit to rule against it. If this happens, then nothing will be lost and awareness of the need to appoint justices who are more friendly to the anti-censorship cause will be raised. It would also provide a strong President with a chance to ignore the Supreme Court and force the issue, especially if public opinion is against the side of the technology giants. The dominance of the judiciary in the American system is a longstanding problem, and any opportunity to challenge its power is a welcome development.

Third, there is the claim that this proposal is more about open markets than free markets. This claim is not without merit, but the current market conditions are neither open nor free. Working toward free markets is the primary economic objective of libertarian philosophy, but in the meantime, an open unfree market is superior to a closed unfree market. It is important not to fall into the trap of political autism by doing nothing until an ideal libertarian textbook solution hopefully comes along, which may not happen.

Finally, one may wonder why the issue cannot be left up to the market. In the long term, the market is essential for solving the problem posed by the technology giants. But although this is necessary, it is not sufficient for dealing with the immediate problem at hand. Through their current market share and their abuse of the power that said market share provides them, the technology giants are making the market unfree. Like it or not, the state is the weapon currently in play, and unless it is going to be eliminated in the near future, its power will either be used to favor the established companies or their upstart competition.

Conclusion

The technology giants have managed to acquire an unprecedented amount of power over the lives of people all over the world. As Frank Herbert observed, “Power attracts pathological personalities. It is not that power corrupts but that it is magnetic to the corruptible.” If the leadership of these companies decide that they wish to silence someone and ruin their finances for whatever reason, it is within their capabilities to do so. Some may cheer because such a fate is currently befalling the alt-right. But what they do to Christopher Cantwell and The Daily Stormer today, they can and will do to anyone they dislike in the near future. Unless the technology giants are reined in, they will provoke the state into regulating their industries as public utilities, which will set back innovation by decades. The mere threat of the above proposal is capable of not only stopping their censorious behavior, but of opening the markets enough for private competitors to free them.

Thirteen Observations on Events in Charlottesville

On the weekend of August 12, 2017, various activist groups came together in Charlottesville, Va. for the Unite the Right rally organized by James Kessler and Richard Spencer. A torch-lit march to the statue of Robert E. Lee on the University of Virginia campus took place on the night of August 11. This resulted in clashes between alt-right and Antifa demonstrators, which the alt-right won. The next day, the mayor of Charlottesville illegally shut down the rally. Violence then ensued between alt-right and Antifa, which culminated in a car crashing into leftist protesters, killing one and injuring 19. Two police officers also died in a helicopter crash after monitoring the events. Thirteen observations on these events follow.

1. Permits are not worth the paper on which they are printed. One week before the event, Charlottesville mayor Michael Signer and vice-mayor Wes Bellamy illegally revoked Kessler’s permit. The ACLU took the case before a judge, arguing that civil liberties were being tread upon and that the city was not allowed to stop the march. Kessler and Spencer won a legal injunction, and the city of Charlottesville was legally responsible for enforcing it and providing protection for the rally. If the Charlottesville police had formed a line to separate the alt-right from Antifa, as was done in Pikeville on April 29, it is unlikely that most of the violence would have occurred. But Mayor Signer failed to uphold the court injunction and protect the rally. Instead, he illegally revoked the permit and sent police in riot gear to declare the rally an unlawful assembly and disperse it. Several participants were attacked by riot police, while Antifa attacked other participants. Not only this, but Mayor Signer issued a stand-down order to the police after the alt-right gathering was forcibly dispersed. This left the alt-right and Antifa to battle in the streets. Virginia governor Terry McAuliffe then declared a state of emergency and deployed the National Guard, after which the car crash and helicopter crash occurred, among more violence. If this is the result of trying to go through legal channels, then there is no point in doing so.

2. Unscheduled, spontaneous events are more effective for right-wing activism. Given the above result, going through the legal process to get permits and police protection is actually counterproductive. In fact, it is tantamount to a general handing his battle plans to the enemy. There was only token opposition from Antifa and no real interference from state agents during the torch march, and this was partly because it was not announced or planned ahead of time as an official event. All right-wing and libertarian activists would do well to be more spontaneous in future to keep leftists and politicians from having the intelligence necessary to attack and shut down activities.

3. Public property is an oxymoron. Property is an object external to a person’s physical body in which that person has acquired an ownership right through mixing one’s labor with unowned natural resources, trading, or inheritance. Ownership is a synonym for a right to exclusive control, and this requires either an individual owner or a collective that is in full agreement as to the use of the property. What is called ‘public property’ in a statist society is really state-occupied property that is set aside for state-approved common use. No one truly owns such property because no individual or fully agreeing collective exercises exclusive control over it. This leaves it open not only to use by groups of people who are at cross purposes with each other, but to an occupation by one group for the purpose of denying access to another group.

4. Coordinating with state agents is a tactical mistake. Though many rank-and-file state agents are sympathetic to various right-wing and/or libertarian causes, their commanding officers tend to be progressive leftists. When the order comes from above to shut down right-wing events or avoid suppressing communist rioters, they almost invariably choose to obey such orders rather than resign en masse to provide private defense or disobey their orders in order to perform their jobs as they normally would. This should tell the organizers of right-wing events in no uncertain terms that government police are not ultimately on their side.

5. The torches and some of the chants during the march provided terrible optics. When the average American sees a mass of people carrying torches, it makes them think of the Ku Klux Klan and all of the terrorist activity its members have perpetrated over the years. When the same people are chanting “blood and soil,” an English translation of the Nazi phrase “Blut und Boden,” and “Jews will not replace us” while carrying flags of a power that the United States waged war against, it causes a neutral observer to view them as alien enemies. These associations are not entirely inaccurate, as both neo-Nazis and Klansmen participated in the event. Though some critics of such a demonstration would never be satisfied (see observation #8), and some alt-righters would claim that they might as well act the part if they will be accused of Nazism anyway, marginal observers who could be swayed one way or another would be far more sympathetic to a candlelight vigil rather than a torch-wielding procession, a lack of Roman salutes, phrases which do not make anti-Semitic references, and a lack of Nazi and Klan flags.

6. Terry McAuliffe, Michael Singer, and Wes Bellamy wanted violence. They used the Charlottesville police and the National Guard to bring alt-right and Antifa groups together, then ordered them to stand down while the two groups fought. Previous incidents, such as the Battle of Berkeley, clearly demonstrated that these two groups cannot be in close proximity without violence erupting between them. Though the idea that the governor, mayor, and vice-mayor actually wanted a violent conflict on the streets of Charlottesville is a very cynical explanation, it fits best with the facts of the case.

7. Though the results were terrible, James Fields may have acted in self-defense. According to the establishment press, Fields engaged in domestic terrorism by intentionally running over leftist counter-protesters. His history of psychiatric problems and violent behavior does not help his case. But the press seems intent on ignoring two videos which support a much different chain of events. The first shows someone striking the car with what appears to be a baseball bat. The sound of the bat impacting the car is heard, followed by the sound of the car engine. The car quickly accelerates, crashing into other vehicles and the crowd that was blocking traffic by standing in the street. The second video thoroughly examines the chain of events, freezing at multiple points to point out a bicyclist on the sidewalk behaving normally, the car being operated at appropriate speeds, the strike by the apparent baseball bat, an attempt by Fields to brake and change direction, and finally Fields flooring the accelerator to escape a mob of people closing in on him.

8. It is impossible to appease the left without submitting to the left. President Donald Trump spoke on the events on the afternoon of August 12, saying in part,

“We condemn in the strongest possible terms this egregious display of hatred, bigotry and violence on many sides, on many sides. It’s been going on for a long time in our country. Not Donald Trump, not Barack Obama, this has been going on for a long, long time. It has no place in America. What is vital now is a swift restoration of law and order and the protection of innocent lives. No citizen should ever fear for their safety and security in our society. And no child should ever be afraid to go outside and play or be with their parents and have a good time.”

That Trump accurately pointed to violence from “many sides” rather than just white nationalists set off a media firestorm, with pundits, Democrats, and establishment Republicans alike rushing to virtue signal against Trump and the alt-right. On August 14, he said in part,

“As I said on Saturday, we condemn in the strongest possible terms this egregious display of bigotry, hatred, and violence. It has no place in America. And as I have said many times before, no matter the color of our skin, we all live under the same laws; we all salute the same great flag; and we are all made by the same almighty God. We must love each other, show affection for each other, and unite together in condemnation of hatred, bigotry, and violence. We must discover the bonds of love and loyalty that bring us together as Americans. Racism is evil, and those who cause violence in its name are criminals and thugs, including the KKK, neo-Nazis, white supremacists, and other hate groups that are repugnant to everything we hold dear as Americans. We are a nation founded on the truth that all of us are created equal. We are equal in the eyes of our creator, we are equal under the law, and we are equal under our constitution. Those who spread violence in the name of bigotry strike at the very core of America.”

This did not satisfy Trump’s leftist critics in the media or either major party, nor would it, for this is not how leftists operate. As Vox Day writes in SJWs Always Lie,

“Do not say you are sorry if anyone’s feelings were hurt, do not express regret, remorse, or contrition, do not say anything that can be taken as an apology in any way. Just in case I am not being sufficiently clear, do not apologize! Normal people seek apologies because they want to know that you feel bad about what you have done and that you will at least attempt to avoid doing it again in the future. When SJWs push you for an apology after pointing-and-shrieking at you, what they are seeking is a confession to bolster their indictment. They are like the police down at the station with a suspect in the interrogation room, badgering him to confess to the crime. And like all too many police these days, the SJWs don’t really care if you did it or not, they’re just looking for a confession that they can take to the prosecutor. Be aware that once they have launched an attack on you, they will press you hard for an apology and repeatedly imply that if you will just apologize, all will be forgiven. Do not be fooled! I have seen people fall for it time and time again, and the result is always the same. The SJWs are simply looking for a public confession that will confirm their accusations, give them PR cover, and provide them with the ammunition required to discredit and disemploy you. Apologizing will accomplish nothing more than hand them the very weapons they require to destroy you.”

Trump eventually showed some understanding of this concept, returning to his earlier statements when questioned by the media again on August 15. He also elevated the term ‘alt-left’ to prominence to refer to Antifa and other violent left-wing groups. But a stronger intellect would have resisted the urge to punch right while kowtowing to SJWs on August 14.

9. The mainstream press serves the establishment and mammon at the expense of truth. The news coverage of what happened in Charlottesville was perhaps more worthy of the term lügenpresse than anything in recent memory. Even though there appears to be exculpatory evidence for James Fields, the establishment press was determined to advance the narrative that he had intentionally planned an ISIS-style terrorist attack with his car. They have done all they could to portray everyone on the alt-right side as a racist terrorist, while tacitly supporting the communist terror group Antifa. They have done their best to portray anyone affiliated with Donald Trump in any way, real or imagined, as a white supremacist equal to the worst elements present in Charlottesville. Compare this to the response when a Muslim perpetrates a terrorist attack; the act is said to be independent of Islam itself and the focus is turned to anti-Muslim hate crimes. Never would the establishment press equate everyone affiliated with Islam to a terrorist, or investigate anti-white hate crimes.

The simplest explanation for the behavior of the establishment press is the desire for money and power. As long as they give the party line like good Soviet-era apparatchiks, they can enjoy a comfortable life of repeating state propaganda and running advertisements for large corporations whose leadership marches in lockstep with the political establishment while not performing any authentic journalism. Should they deviate from this, they will lose access to important political sources and events. As for the chaos, they thrive on it and hope for more, as it drives traffic to their programming and revenue to their bank accounts.

10. Ignoring the legitimate grievances of the alt-right will not work. Despite the lies of the establishment press, not everyone at Unite The Right was a Klansman or Nazi. Some attendees were simply concerned about the potential removal of historical monuments that reflect their heritage, the demographic shift toward a white minority in a democratic system, an economic system which threw them overboard decades ago, and the rise of identity politics among women and non-whites following decades of leftist agitation. Ignoring and suppressing the concerns of the alt-right will not be any more effective than any other form of prohibition; as has followed other prohibition efforts throughout history, the prohibited behavior will then manifest in a manner that is less open and more violent. Furthermore, when people feel that they have no exit and that no one will listen to their voices, their only remaining option is to revolt.

11. Democracy does not receive enough blame for heated rhetoric and political violence. Though it is important to deal with proximate causes and understand the nuances of a particular case, it is also important to address the ultimate sources of problems. One such root is democracy itself. Democracy replaces the theoretical Hobbesian war of all against all with an actual civil war of half against half, and it is only a matter of time before this cold war flares up. Rulers intentionally create such a system in order to manufacture perpetual conflict in society, which keeps the masses fighting amongst themselves so that they do not join together to overthrow the ruling class. Because a democratic system grants each citizen who is eligible to vote a small piece of political power, each person can—at least in theory—mobilize other people into a voting bloc to advance a political agenda that would use state power in a manner hostile to another group of people. This makes each politically active person an unofficial soldier in the aforementioned democratic war, and thus a target for various abuses by the other side. It is this dynamic that produces the degeneration of political discourse into physical violence. Though there will always be some level of societal conflict, removing such a disastrous generator of malignant incentives as political democracy can only be a net improvement.

12. The only solution to the problem of the commons is to eliminate the commons. As long the fiction of public property persists, groups will continue to fight over control of it. If all property in the Charlottesville area were privately owned, then the statue of General Lee would be on the property of someone who wants it to be there, and anyone taking action to remove it would be guilty of trespassing and vandalism. If the UVA campus and the roads in Charlottesville were privately owned, then their owners could decide which people to allow and trespass the others. There is a fundamental philosophical error at work, in that the state exercises monopoly control over certain spaces in the name of preventing monopoly control over those spaces. Until this error is resolved by eliminating the commons through returning common spaces to private ownership, conflicts over who gets to use the commons and when they get to use them will continue to occur.

13. Matters will only escalate from here. Because the problems outlined in observations #1, #3, #5, #6, #9, #10, #11, and #12 are unlikely to be addressed and resolved by the appropriate parties, violent conflicts will escalate in frequency and intensity. In fact, many local government leaders across the United States and social media companies have proceeded to do the opposite, seeking to de-platform prominent alt-right members and remove more Confederate statues. Unfortunately, the escalation of hostilities is a necessary development because humans tend not to do what is necessary to solve difficult problems until they run out of other options.

Book Review: Open To Debate

Open To Debate is a book about the life and work of William F. Buckley, Jr. by American film and media professor Heather Hendershot. The book examines the role of his television show Firing Line (1966-99) in shaping the American conservative movement in particular and the overall political scene more generally. The book is divided into six chapters, bookended by a lengthy preface and introduction as well as a short conclusion.

The preface deals with Buckley’s formative years, including his experience at a boarding school in England, his time in the US Army during World War II, and his reaction to his time at Yale. His success with God and Man at Yale (1951) led to his founding of National Review magazine in 1955. He participated in mediated debates with ideological opponents through the 1950s and 1960s, which eventually led to Firing Line. A particularly bad performance in a debate against James Baldwin demonstrates Buckley’s weaknesses, many of which he would improve upon over the years. The New York City mayoral campaign of 1965 in which Buckley ran as a third-party candidate shows the stark contrast between Buckley and a politician, which is all the more interesting because his brother, James Buckley, was a US Senator and federal judge. An example of the types of guests who fared well on Firing Line versus the types who did not comes next, then the preface ends with a comparison between the show and what has replaced it (or failed to) in the news and public affairs programming category.

The introductory segment discusses the beginnings of Firing Line in 1966, including the discussion format, production values, nature of guests, the time of airing, whether to have commercials, and whether to have a moderator. Much of this was a matter of trial-and-error in the first few years of the show, with the show taking on its iconic form after moving to PBS in 1971. Hendershot includes some of Buckley’s media experiences beyond his own show, which illustrate that he could fit in on other programs despite being a Hollywood outsider. Much of the rest of the chapter highlights several 1960s episodes.

The first chapter begins with the aftermath of Barry Goldwater’s defeat in the 1964 presidential election. Buckley’s quest was to make conservatism respectable, which meant trying to purge conspiracy theorists, violent racists, religious zealots, and extreme anticommunists from mainstream conservatism, with a partial exception for the less unhinged anticommunists. Hendershot details Buckley’s opposition to the John Birch Society across several episodes. As for the charges of extremism, Buckley invited Goldwater onto the show in 1966 to show him not to be the person that Democrats portrayed him as during the election.

The anticommunism of Buckley is the focus of the second chapter. Hendershot begins by giving the context of the time and of Buckley’s upbringing to help the reader understand the approach taken on Firing Line. Buckley debated socialists and progressives rather than outright communists, and did so from a position of defending McCarthyism in general but not the excesses of McCarthy himself. She provides excerpts from Buckley’s discussions with John Kenneth Galbraith and Noam Chomsky, two prominent leftist intellectuals of the time, then discusses the appearance of Theodore White, a repentant communist sympathizer, in 1978. Hendershot then turns to the episodes with Victor Navasky, Nation magazine editor and critic of McCarthyism and Roy Cohn, McCarthy’s senior counsel during the hearings to show the difference between Buckley and more ardent anticommunists.

The third chapter covers Buckley’s opposition to the Black Power and civil rights movements, though he supported many of the ideas advocated by those movements. Hendershot returns to the episode with Cohn and Mark Felt, the senior FBI agent who would later be revealed as the Watergate informant Deep Throat, to show Buckley’s opposition to lowbrow tactics in government opposition to Martin Luther King Jr. Next, the episodes with Floyd McKissick, Judge Leander Perez, Gov. George Wallace, and Sen. Strom Thurmond are used to show Buckley’s rejection of the ideas that the civil rights movement was a front for communism, that racism was conservative, and that states’ rights were synonymous with racist policies. McKissick’s appearance also highlights Buckley’s agreement with Black Power objectives, if not some of their tactics and leaders. Hendershot uses the shows with Eldridge Cleaver and Milton Henry, along with his refusal to host LeRoi Jones or H. Rap Brown, to show the limits of Buckley’s tolerance for extremists, which went quite far.

In the fourth chapter, Hendershot examines Buckley’s opposition to feminism and women’s liberation. Again, Buckley supported equal rights but not the equal rights movement due to its fringe characters and goals. Here, the Firing Line episodes with Phyllis Schlafly and Midge Decter demonstrate his lack of far-right extremism, while the episodes with Betty Friedan, Germaine Greer, and Harriet Pilpel show his opposition to the feminist movement and some of its more outlandish goals. Hendershot also includes Buckley’s interactions with Clare Boothe Luce as a sort of middle ground.

The fifth chapter is about how Buckley dealt with the Nixon administration. Hendershot covers Nixon’s 1967 appearance on Firing Line and several episodes dedicated to Nixon’s policies and legal troubles to show Buckley’s independence from Nixon. The episode with Woodward and Bernstein has Buckley almost defending Nixon and arguing that he should have destroyed the tapes, while the episodes on war crimes were quite critical of Nixon’s policies in Vietnam. Buckley’s darker impulses are also revealed in this chapter with regard to censorship and laws against victimless behaviors, along with an unwillingness to take much action upon them. The final part of the chapter has Buckley making the argument that Nixon’s downfall was caused by non-conservative behavior and that he was a deviation from the correct course for the right.

Chapter six takes us through the Reagan years and beyond to examine the results of Buckley’s efforts. Hendershot begins by discussing Reagan’s rightward shift and the growth in his ability to keep up with television hosts. She uses excerpts of Reagan’s 1967 and 1971 Firing Line appearances to demonstrate his improvement, but only writes about his 1980 appearance while campaigning and 1990 appearance to review his presidency. Reagan’s 1978 debate with Buckley over ownership of the Panama Canal shows Buckley’s dedication to realpolitik and unwillingness to abide conspiratorial thinking. Ron Paul’s 1988 appearance is used to show the limits of Buckley’s libertarian leanings. Next, Hendershot discusses Buckley’s rejection of the religious right, which was instrumental in electing Reagan, and the differing perspectives on the 1980s that come from left versus right. The chapter concludes with Reagan’s opposition to PBS (which aired Firing Line). References to Buckley’s final book, The Reagan I Knew (2008), are sprinkled throughout.

In the conclusion, Hendershot offers praise for Firing Line despite her leftist personal views, even recommending that a Firing Line 2.0 be created to attempt to replace the role of contemporary political discussion shows that frequently devolve into unintelligent partisan bickering. She laments that this is unlikely to happen, and that many of the far-right groups that Buckley sought to suppress are now enjoying a resurgent popularity.

The book offers a thorough examination of Buckley’s television program, if not Buckley as a whole. The book feels longer than it is, but the subject matter of a show that ran for 33 years demands length. Hendershot could do a bit less editorializing, but this is not overly disruptive. Overall, the book excels at its core objective and is worth reading.

Rating: 3.5/5

The Curious Case of Net Neutrality

Everyone please welcome Insula Qui, our first additional writer at Zeroth Position.

Last week, many libertarians came out in support of a major government program. This would seem odd to many onlookers, as libertarians are supposed to believe in free markets and their efficient allocation of resources, but this issue has divided libertarians like few others. This program is net neutrality, and even anarcho-capitalists have managed to justify supporting it on some occasions, although that is much rarer.

To explain the problems within the concept of and support of net neutrality, a working definition is required. In essence, the point of the regulation that assures the net will stay neutral is to ensure an egalitarian allocation of bandwidth among people and websites. This means that no Internet service provider (ISP) should be able to charge extra for access to certain websites or discriminate when it comes to the Internet in any other way. This seems good and necessary at first glance, but even a cursory examination defeats this. Net neutrality was adopted in 2015, which means that for most of the existence of the Internet, there was no need for any legislation. Yet this legislation was created, not because any ISPs were being unfair, and not because ISPs were considering being unfair. The only reason why net neutrality was created and subsequently passed was to ensure that the Internet would stay the same as it always had been. It turns out that we apparently require massive legislative efforts to ensure that absolutely nothing would change.

The Past Is Prologue

To understand why this debacle started, we must examine the origin of the troubles. The legal procedures were initiated by the situation that was going on between Netflix and different ISPs. The entire spectacle may be summarized as follows: Netflix was using so much data that it was getting slower. That was the entire problem that Netflix had with the ISPs, and that was the start of the entire legislative progress to instate net neutrality. (What was going on was slightly more complicated, but that was the gist of their complaint.) Various streaming services were growing larger on the Internet, so the ISPs were faced with a lot of bandwidth consumption on a continuous basis. With streaming, it is impossible to load the entirety of the data quickly because there is so much of it, meaning that the bandwidth is constantly and intensely used. Since streaming was so popular, there was bandwidth constantly in use and since bandwidth is a limited resource, the streaming sites were getting slower, which was reflected in their bottom line. Because the streaming sites were getting so popular and using gigantic amounts of data and bandwidth, they could not expand more without getting slower and thus expanding less.

This was a problem created by streaming platforms that mostly affected said platforms. ISPs would lose some profitability, but they would still keep most of their profits if they handled streaming more slowly. Most sites without streaming would be affected much less, as they did not need this continuous stream of data and the few thousandths of seconds by which they would have been slower would have gone unnoticed. Netflix and other streaming sites were unable to fix the problem on their end; they already use every compression mechanism possible to optimize their storage and streaming capability without compromising the quality so much that the experience is reduced. Thus, the streaming sites were completely at the mercy of the ISPs to fix this problem. The heroic ISPs rushed in to help the streaming sites, offering to build new infrastructure and give the streaming sites priority in the use of that infrastructure. There was one caveat; the streaming sites would have had to pay for it, which would have caused a drop in their profits, which would have eventually made them increase streaming prices to remain sustainable. Because even the smallest increase would scare off marginal users, this was not in the self-interest of the streaming sites.

Therefore, the streaming sites started advocating net neutrality, claiming that being charged to fix the problem that they caused for themselves was somehow discriminatory to the freedom of the Internet. They also claimed that the ISPs were throttling access to their sites, and that because they could not expect the ISPs to build their infrastructure for them meant that ISPs were planning to turn the Internet into something unfree. In their view, the way to increase freedom with respect to the Internet is obviously to give the government giant amounts of legislative control over it. Because of the appealing notions that the little guy should not be discriminated against by the big scary ISPs, and that the ISPs should not make certain websites into subscription services, a large Internet bandwagon took shape. Almost every large platform took the side of net neutrality, for the sake of fairness and freedom, of course. Even people who constantly tout their knowledge in basic economics were extremely happy that the state could ensure that the ISPs would not discriminate against information that they dislike or try to rent seek on their monopoly.

Statist Problems and Market Solutions

Having described the frankly ridiculous situation, we must look at the problems within this approach, of which there are several. First, there has never been any reason to suspect that any ISP would move to a subscription service model or that they would artificially restrict information they dislike. This has never been actualized and has never been a close concern; it is based on conjecture on par with the implication that warlords would take over without the state. Second, bandwidth is a finite resource; there is not infinite Internet service to go around. This can be improved greatly with increased infrastructure, but this is not cost effective to the ISP.

To fix this, two steps may be taken. Bandwidth could be restricted in one area so others can get more bandwidth, or the company that needs more bandwidth should pay for additional infrastructure, both of which violate net neutrality. This is, in essence, a problem of trying to redistribute bandwidth from the smallest users to the largest users. When bandwidth needs to be equitably arranged, the people who use the least bandwidth would need to use even less to subsidize the people who use more bandwidth. The bandwidth for a neutral use could not come from anywhere else. This is somehow supposed to protect the little guys and make sure that the Internet is accessible for everyone.

The next problem is that this prevents selective Internet access for people who use the Internet for very specific purposes. If one needs to allocate one’s bandwidth to some very certain areas and does not care about the rest and is fine with that being slow, one could very well have the ISP provide a service of throttling certain sites and increasing the speed of others. And these are just the problems when we assume that net neutrality is really supposed to provide for a neutral net.

In reality, it has been the case that giving control over services to the government is generally a bad idea; more often than not, the state abuses all powers it has and creates as many powers as it thinks it should have. Thus we may understand how it could be that having the FCC in control of determining even more in the way of how ISPs act may not be the best idea. It may be that increased regulation would do even more harm to any new ISP that would try to attempt to provide this service. This all is compounded by the fact that the entirety of the problem of monopoly in the provision of the Internet is caused by the government in the first place.

It is not as though the Internet is a natural monopoly; no matter what many would have us believe, natural monopolies do not exist; just the optimal size of firms differs. However, when an industry is over-regulated, it will become less competitive as the barrier to entry into that industry is increased. It happens to be that the Internet is one of the most regulated industries.

There are huge issues with providing cables; thousands of people whose approval is needed, dozens of restrictions and last mile rules, etc. The government has a firm grasp on the net no matter what. This is best exemplified with the legal issues Google Fiber has been having when trying to establish themselves as a competitor to the current oligopoly. A company as powerful as Google has been unable to establish themselves in the market due to legal issues, as cost is certainly not a problem for them if they think they will outcompete the existing systems. Without this state-imposed oligopoly, there would be no problems with competition within the Internet. The optimal size of firms is probably much smaller than the firms which exist now. The market would do its job, the provision of the Internet would be decentralized in its construction, and quality would increase while prices fall.

Libertarians Against Cyber-Liberty

However, this does not seem to be a priority to many people, as most claim that we must regulate companies to solve problems that regulation created in the first place. To them, the only way to combat problems caused by the government is with an increase of government control in that area, the problems caused by this control need to be fixed by additional government control, and so on.

Unfortunately, it seems as though many libertarians, instead of sticking to their free market principles and trying to solve the problem that government regulation caused in the market of providing the Internet, are apathetic about this original regulation. It is almost as if these libertarians think that if the government was more involved in the market, then the market would be more free. This is not Internet-libertarianism, but Internet-communism. What else can one call the desire to redistribute bandwidth equally among all by the force of the state?

Book Review: Closing The Courthouse Door

Closing The Courthouse Door is a book about role of the judiciary in the American system by law professor Erwin Chemerinsky. The book examines how Supreme Court decisions over the past few decades have greatly limited the ability of the courts to protect civil liberties, hold government accountable, and enforce the Constitution. The book is divided into seven chapters, each of which focuses on a different aspect of the problem of reduced access of the American people to the courts.

In the first chapter, Chemerinsky argues that if rights cannot be enforced and damages cannot be awarded by the courts, then the government and its agents may do as they please, as unenforceable limits are functionally equivalent to no limits. He views Marbury v. Madison as a cornerstone of American jurisprudence rather than a usurpation of power not granted by the Constitution, and views the Constitution as an effort to limit government rather than as an expansion of government beyond what the Articles of Confederation allowed. Chemerinsky makes a case for the judicial branch being the most suitable branch for enforcing the Constitution, then addresses and rebuts several competing views of the role of the judiciary.

Sovereign immunity is the focus of the second chapter, and Chemerinsky shows how the idea that the state can do no wrong is at odds with many American values and constitutional principles, including federalism, due process, and government accountability. However, the Supreme Court has made numerous rulings expanding sovereign immunity since the time of the Eleventh Amendment‘s adoption, making it virtually impossible for a citizen to obtain a redress of grievances when victimized by the state. He tackles several arguments in favor of sovereign immunity, such as protecting government treasuries, separation of powers, and the existence of alternative remedies. Next, Chemerinsky examines how case law has granted effective immunity to local governments, even though they do not officially have it.

In the third chapter, Chemerinsky continues with the theme of immunity by discussing it at the level of government agents. He discusses the Bivens case, which allows federal agents to be sued for damages if they violate constitutional rights, and the subsequent hostility of the Court to that decision. Disallowing suits when Congress provides an alternative remedy, when Congress says they are disallowed, when military personnel are defendants, when judges find it undesirable to allow such claims, or when private prisons and their guards are defendants, has all but overruled Bivens. Furthermore, Chemerinsky argues that absolute immunity for certain government officials should be replaced by qualified immunity to give the officials room to work but hold them accountable.

The fourth chapter details how various Supreme Court decisions have narrowed the ability of citizens to bring matters before the courts. Chemerinsky explains how the doctrine of standing has been invented and used to keep actions which do not have particular identifiable victims from being adjudicated. He argues that the narrow interpretation of what constitutes an injury and the refusal to hear claims based on a generalized grievance that all Americans suffer mean that no one is able to challenge the government in court when it violates the Constitution. The second half of the chapter covers the political question doctrine, and Chemerinsky makes the case that it is essentially a punt by the judicial branch to the elected branches of government with the end result of trusting them to follow the law, which history shows to be an unrealistic option.

The gradual erosion of the writ of habeas corpus is discussed in the fifth chapter. Here, Chemerinsky shows how the Supreme Court has upheld vastly disproportionate prison sentences on technicalities, kept federal courts from enforcing the Fourth Amendment through habeas corpus, disallowed claims not made and evidence not presented in state courts from being heard in federal courts, barred arguments for novel rights that the Supreme Court has not yet recognized, and prevented prisoners from filing multiple habeas corpus petitions. He explains how the Antiterrorism and Effective Death Penalty Act has all but removed the right of habeas corpus at the federal level.

In the sixth chapter is called Opening the Federal Courthouse Doors, but the chapter actually shows even more examples of them being closed. For example, plaintiffs can now be required to show facts without being allowed to go through the discovery phase of a case that is required to learn those facts, setting up a catch-22. The abstention doctrine created in Younger v. Harris and is cited as a major barrier to the proper operation of federal courts as well as a means for state officials to abuse citizens. Chemerinsky then discusses the difficulties in using class action lawsuits that have been imposed in recent years as well as the rise in private arbitrations that favor corporations over individuals.

The final chapter begins with cases involving egregious human rights abuses by the CIA. These cases were dismissed on the grounds that state secrets might be revealed if the cases were tried, which is yet another way to keep courts from enforcing the Constitution. Chemerinsky concludes by addressing objections to the arguments made through the entire book.

The book is just over 200 pages, but feels as long as any 400-page book that I have read. To his credit, Chemerinsky’s left-wing political leanings do not appear any more than they must in order for him to make his arguments. Libertarians will undoubtedly think that the changes proposed in the book do not go nearly far enough, but Closing The Courthouse Door is still worth reading for those capable of handling the subject matter.

Rating: 3.5/5