Nepal Has Fallen

Among Asian nations, Nepal is not high on Washington’s list of foreign policy priorities. The mountainous nation, which is consumed by the massive Himalayas, is mostly known for its Buddhism and its Gurkhas—a warrior people who still provide mercenary services for the British, Indian, and Singaporean armies. Overall, Nepal produces very little that Americans consume. Nepal is also not the home to a large American military contingent, nor is it seen as an important ally in America’s never-ending quest to be the major hegemony in West and East Asia. Nepal, to put it bluntly, is not important to American interests.

This view will almost certainly change, however. The reason for this is that a powerful Communist party, the Communist Party of Nepal (Unified Marxist-Leninist) recently acquired the levers of power in Kathmandu after a democratic election. According to all international observers, the Communists in Nepal have close connections to the Chinese Communist Party in Beijing. This all but guarantees that rustic and rural Nepal will become a Chinese satellite on the border with India, a close American ally and a long-time opponent of China owing to a border dispute that once erupted in violence.

Democracy, Civil War, and Insurgency

In order to appreciate the importance of this victory, one must understand the history of communism in Nepal. Himalayan Communists are not the typical neckbeard professors that one encounters in the West; they are experienced guerrilla fighters who waged a war against the central government for almost two decades.

The Communist Party of Nepal is led by two former prime ministers, K.P. Sharma Old and Pushpa Kamal Dahal (both of whom fought against the center-left government during the 2000s). These two men managed to unify two competing factions of the far-left party in order to sweep the country’s Parliament and Provincial Assembly. With this mandate, Nepalese Communists are expected to both follow a harder line against India and be more cooperative to Chinese business interests in the country. It is predicted that one of the first orders of business for the new government is to pass through the Chinese hydropower project that the former prime minister, Kamal Thapa, cancelled less than a month before the election.

In 1994, the government of prime minister Girija Prasad Koirala, the first democratically elected leader of Nepal and a member of the center-left Nepali Congress Party, suffered a vote of no confidence. That same year, new elections brought the Communists into power. Communist leader Man Mohan Adhikari became the prime minister and briefly led a minority government. That same government dissolved less than a year later. After that, Nepalese Communists, especially the Maoists among then, began their long insurgency.

A brief paper written by Yurendra Basnett in 2009 laid out the reasons underlying the vicious civil war that rocked Nepal between 1996 and 2006. Basnett writes that Western scholars were baffled by the far-left insurgency given that “Nepal enjoyed [an] unprecedented level of economic and political freedom” at the start of the rebellion.[1] The Maoists themselves argued that their war began because of economic inequality, rural poverty, and chronic landlessness in the country. Basnett argues that these invocations of economic disparities do not amount to much given that they have been “omnipresent” since the formation of modern Nepal.[2]

What Basnett’s critique of the Maoist movement misses is that Communist movements rarely come from times of economic disparity. Except for the rise of far-left movements during the Great Depression of the 1930s, most of the seminal Communist movements have sought to obtain power just at the time when their respective nations have achieved some form of unprecedented growth or stability. When the Bolshevik Revolution of 1917 erupted, the Russian Empire that they overthrew was far more liberal, progressive, and economically advanced than Western liberals and socialists realized. According to UNZ Review writer Anatoly Karlin, the Russian Empire of Tsar Nicholas II was even more “progressive” than such typically modernist bastions as London, Paris, and Berlin:

“Access to higher education was actually more meritocratic in the late Empire than in contemporary Germany or France by a factor of 2-3x. Women constituted about a third of Russia’s total numbers of university students, a far larger percentage than in any other European country—and Russia by 1913 had the largest number of university students in Europe (127,000 to 80,000 in Germany, around 40,000 in France and Austria each). Likewise, they constituted an absolute majority in grammar schools, many decades ahead of most of the rest of Europe. In 1915, restrictions on co-education were dropped across a range of Russian universities by decision of the Tsar and his Council of Ministers.”[3]

Tragically, this liberal attitude allowed a radical student body to fester and become many of the same Bolsheviks who oversaw the genocidal regime that would rule Russia until 1991. Such a scenario played out in China as well, for when the Chinese Communist Party began life in the aftermath of World War I, China was modernizing at a rapid pace. Thanks to World War I, which did not damage China, Chinese exports rose and the nation’s trade deficit dropped by an astounding 80 percent. While this success proved temporary, China before Mao was politically unstable but considered one of the world’s greatest jewels. Shanghai in the 1920s and 1930s was a cosmopolitan city beloved by Asians and Westerners alike.

Maoism in Nepal follows a discernible pattern—as prosperity increases or stabilizes, discontent grows as well. Like Marx, the social leech who had servants and never worried about earning a dollar, many of today’s Communists are full of the same greed that they constantly accuse capitalists of harboring deep in their benighted chests.

In Nepal, Maoist violence reached a terrifying apex in November 2001, when more than one hundred people were killed in violent confrontations between rebels and government forces. As a result, the central government declared a state of emergency. An absolute monarchy returned to power amidst the chaos. All told, almost 20,000 people were killed and another 2,000 remain missing.

From Monarchy to Democracy to Communism

A reactionary analysis would find that Nepal’s troubles began with the decline and fall of its monarchy. When this stabilizing force fell, chaos came in its wake.

Nepal was unified into a central state ruled by a hereditary monarchy in 1768. The kingdom first began to falter due to military incursions by the British East India Company, which already had a sizable foothold in India by the late 18th century. Between 1814 and 1816, Nepalese forces lost the Anglo-Nepalese War to the soldiers of the East India Company and their Indian allies. Although the Kingdom of Nepal retained its independence, one third of the country would be a protectorate of British India until Indian independence in 1947.

When King Birendra came to the throne in 1972, political parties were banned in the country. However, this did not mean that the king could rule by fiat or whim; a system of regional councils called panchayats helped to disperse and decentralize authority. Because he ruled during an age of interventionist democratic liberalism, King Birendra often told the international press that he was a democrat rather than an autocrat. Still, the king wisely told his critics that due to Nepal’s “backwardness,” mass democracy would be a recipe for disaster. The political violence that often accompanies the rise of political parties would ruin the country, the king argued.

King Birendra would rule Nepal in this way for decades. Despite the relative peace and harmony, there were pro-democratic movements designed to bring down the monarchy. In 1980, King Birendra had the leaders of the center-left Nepali Congress Party arrested in order to keep the panchayat system in place. The king then called a referendum in order to see if Nepalese citizens would prefer a non-party government or one that allowed political parties to exist. Nepalese voters favored non-party politics by a score of 55 to 45 percent.

Ten years later, the People’s Movement used strikes to disrupt the monarchical state. This movement proved harder to suppress than one political party, as it was composed of several political parties, including the Nepali Congress Party and a unified group of Communist parties called the United Left Front. In February 1990, the government began arresting the leaders of the People’s Movement and shut down most of their media organs. A series of deadly confrontations between the Nepalese state and People’s Movement protesters followed this. For example, in the city of Bhaktapur, police killed 12 protesters in late February. Out of anger and frustration, approximately two million protesters descended on the capital of Kathmandu. On April 8, King Birendra removed the ban on political parties. A few months later, in November 1990, a constitution written by the People’s Movement forced King Birendra to remove the panchayat system and to democratize the government. Marxists were soon elected to office.

Although 1990 is often seen as the year when democracy came to Nepal, the continued existence of the royal family helped to maintain fears that an absolute monarchy could return at any time. These fears gained substance thanks to Crown Prince Dipendra, the king’s eldest son and heir. Unfortunately, he proved to be a murderous psychopath. On June 1, 2001, Dipendra consumed large amounts of alcohol and hashish at a dinner on the grounds of the Narayanhity Royal Palace. After misbehaving with a guest, the King told him to leave. He returned an hour later with a Franchi SPAS-12 shotgun, an H&K MP5 submachine gun, a Colt M16A2 rifle, and a Glock 19 9mm pistol, which he used to kill nine members of the royal family: the King and Queen, his sister, his brother, the King’s brother, two of the King’s sisters, the husband of one of the King’s sisters, and the King’s cousin. Dipendra then turned a gun on himself, dying after spending three days in a coma during which he was King. While many Nepalese citizens continue to question the official story of the massacre, there is no doubt that the future of the Nepalese monarchy ended on that late spring night in 2001.

The throne passed to Gyanendra, another brother of Birendra who briefly re-established the absolute monarchy due to political violence in the country. King Gyanendra blamed Nepal’s political parties for failing to form a government after the dissolution of the parliament. After taking direct control of the state, Gyanendra dismissed three prime ministers for failing to call for new elections. Interestingly for an autocrat, King Gyanendra demanded that Nepal acquire some form of democracy or parliamentarianism in order to legitimize the state in the eyes of foreign critics. King Gyanendra’s promises of “peace and effective democracy” were undermined by the Maoist rebels who continued to carry out their bloody war against the Nepalese monarchy. Like Bavarian minister Gustav von Kahr, King Gyanendra all but admitted that a “cell of order” must exist before democracy can take hold. Personal liberty is nothing if public safety cannot be guaranteed.

By 2006, King Gyanendra announced that he would give executive authority to a new prime minister. Interim prime minister Girija Prasad Koirala took power in 2006 while Nepalese politicians argued about the role the monarchy would play in the future democracy. That April, Gyanendra reinstated the country’s parliament.

The fall of the monarchy occurred under the watchful eye of the Indian government. Along with Prime Minister Koirala, who supposedly suspected that the monarchy would always threaten democratic governance, Indian officials weakened the King’s power to the point where the royal palace became just the head of the parliament. On May 27, 2008, King Gyanendra was ordered by the parliament to vacate the royal palace within fifteen days. The ruling came as part of peace talks between the transitional democratic government and the Maoists. This is how the Nepalese monarchy fell—as an olive branch given to ultra-left radicals who despise Nepalese traditions.

Lessons

There are several lessons to be learned from these events. First, in the words of Hans-Hermann Hoppe,

“One may say innumerable things and promote almost any idea under the sun, but naturally no one is permitted to advocate ideas contrary to the very purpose of the covenant of preserving and protecting private property, such as democracy and communism. There can be no tolerance toward democrats and communists in a libertarian social order. They will have to be physically separated and expelled from society.”[4]

If democrats and communists are permitted to wield political power and advance their goals, they will eventually destroy the traditions and values that make civilization possible. It sometimes begins with something that seems innocuous—the Magna Carta in England, the Constitution in America, or the People’s Movement in Nepal—but the end is always some form of communist takeover, whether overt or covert. Monarchs (or private property owners in a libertarian society) must be willing to use the necessary amount of force to crush democratic and communist uprisings, however unpleasant the resulting bloodshed may be.

Second, it is no measure of health to kowtow to a sick global community, especially when the disease in question is such a virulent one as liberal democracy. Had King Birendra argued a passionate defense of traditional unelected governance, offered an ideological offensive against democratic thought, and called upon foreigners to respect Nepal’s sovereignty, the progress of the Maoists might have been forestalled. King Gyanendra was no better in this regard, and it cost him his crown. Unlike other countries that have had democratic experiments inflicted upon them by Western intervention, Nepal harbors no conceivable threat and has little that imperialist powers could want, so war propaganda would be more difficult to manufacture against them.

Finally, the greatest enemy is always the enemy within. A stable family, let alone governance structure for a nation, must have a means of detecting and removing threats like Dipendra. This could take many forms, from mental health evaluations to keeping inebriated people and deadly weapons away from the King.

What Lies Ahead

For India, the end of official hostilities in Nepal have been of little comfort. After all, India itself is still battling an internal Maoist insurgency that has ties to Nepal’s Communists. India’s war with Communist forces have been going on since 1967, and today, the “red corridor” of the country has claimed almost 18,000 lives. Violence is trending downwards, but there is no end in sight to the insurgency. A Communist victory in Nepal is likely to bolster the spirits of Maoists across the border in India.

For China, a pliant government in Nepal means that they move one step closer to realizing their “One Belt, One Road” dream. This plan, which has already seen China dump billions of dollars in investments in Asian and European ports, as well as investing heavily in the economies of sub-Saharan Africa, is the great issue facing the West. Contrary to starry-eyed Cathedral elites, the Chinese Communist Party is not reformed and has not embraced capitalism. Instead, the CCP is bent on pursuing a predatory economic policy that will make Asia and Africa into colonies of China’s limitless and cheap produce.

In order to achieve “One Belt, One Road,” do not be surprised if China dusts off an old gem from Communism’s history. During the 1930s, when fascism posed a grave threat to Soviet Communism, Joseph Stalin encouraged the Popular Front strategy, which saw Communist parties collaborate with liberal and socialist parties in France, Spain, the United States, and other nations. The elections of May 1936 brought the Front Populaire to power in Paris, and Leon Blum pursued a radically republican, anti-clerical, and socialistic platform thanks to support from Communist-backed labor unions. Across the Pyrenees in Spain, the Frente Popular installed the a rabidly anti-Catholic and anti-capitalist government headed by Manuel Azana. This was the last government of the Second Spanish Republic, for a right-wing coup led by the Spanish Army triggered what would become the Spanish Civil War in 1936. China, in pursuing their economic goals, may begin promoting Communist parties all across Asia. While Nepal is small potatoes in the grand scheme of things, its fall to a far-left rabble does not bode well for liberty in Asia.

References:

  1. Basset, Yurendra (2009). From Politicization of Grievances to Political Violence: An Analysis of the Maoist Movement in Nepal. Development DESTIN Studies Institute, Working Papers Series. p. 4.
  2. Ibid.
  3. Karlin, Anatoly (2017). The Russian Empire: Too Nice For Its Own Good. http://www.unz.com/akarlin/progressive-russian-empire/
  4. Hoppe, Hans-Hermann (2001). Democracy: The God That Failed. Transaction Publishers. p. 218.

The Not-So-Current Year: 2017 In Review

Though the specific demarcation of the passage from one year into another is a rather arbitrary social construct, it does provide a useful annual period for self-examination and remembrance. Now that 2017 has entered the history books, let us take a look back at a year’s worth of essays and review the not-so-current year.

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

I began 2017 by addressing a recurring story throughout the 2016 election campaign; that of Russia hacking the DNC and phishing Hillary Clinton campaign chairman John Podesta’s email system. I argued that Russia would have been justified in doing not only this, but in actually altering the election to cause Donald Trump to win. I would later use this piece as an example in a guide on how to argue more sharply in order to throw opponents out of their comfort zones. The story lingered on, so I published a sequel detailing the benefits of a Trump-Russia conspiracy. The left’s activities after the election became ridiculous, so I decided to give them some free advice.

My first list of 25 statist propaganda phrases and some concise rebuttals was a major hit, so I started planning a sequel. I had no intention of taking almost two years to compile 25 more statist propaganda phrases to refute, but better late than never, I suppose.

Donald Trump became the 45th President of the United States, which of course meant that Gary Johnson did not. I explored in detail what was wrong with Johnson’s campaign that made him not only lose, but fail to earn 5 percent of the vote against two of the least popular major-party candidates ever to seek the Presidency. Once Trump was in office, the responses to his trade policies among mainstream analysts led me to explain why many of them are politically autistic.

Book reviews have long been a part of my intellectual output, but I decided to start doing more of them in late 2016. This trend continued throughout 2017, as I read and reviewed The Invention of Russia, The Age of Jihad, In Our Own Image, Come And Take It, Against Empathy, Level Up Your Life, Islamic Exceptionalism, The Science of Selling, Closing The Courthouse Door, Open To Debate, Calculating the Cosmos, The Art of Invisibility, Libertarian Reaction, and The Euro.

Antifa grew from a nuisance that rarely affected anyone other than neo-Nazis into a serious threat to anyone who is politically right of center and/or libertarian who wishes to speak in a public venue. A comprehensive strategy to defeat them was necessary, and I was happy to provide one. Kyle Chapman grew weary of Antifa’s antics and led the effort to take up arms against them, becoming known as Based Stickman. I praised him in song. After the events of February, April, and May Day, I revised the strategy.

The Walking Dead comic series and the television show based on it contain many themes which are of interest to the student of libertarian philosophy. I explored the many ways in which Negan’s group resembles a state apparatus. The first part covers the sixth season of the show, and the second part covers the first half of the seventh season. At least three more parts will come next year.

‘No Particular Order-ism’, or the belief that libertarians should take whatever reduction in the size and scope of government they can get, has become common among the more radical members of the Libertarian Party. I explained why this approach is misguided.

White nationalist and alt-right leader Richard Spencer was present in the bar of the Marriott hotel that hosted the International Students For Liberty conference. This did not go over well with Jeffrey Tucker, who loudly denounced Spencer, after which security removed everyone from the bar. I wrote about the incident and the philosophical underpinnings of it.

Sometimes, the lens of examination is best turned inward to correct one’s own missteps. Such was the case for an article I wrote in 2014 about the nature of fake libertarianism, so I published a revision.

Theories concerning the creation, acquisition, trade, inheritance, and defense of private property form much of libertarian philosophy. The role of conquest in the determination of property rights had gone largely unexplored, so I decided to remedy the situation.

Terrorism struck in London on the anniversary of the Brussels attacks. I wrote a list of observations on the event.

I argued against more amendments to the United States Constitution, namely the Second and the Eleventh.

A chemical weapon attack occurred in Syria, which led to US intervention via a cruise missile strike. I wrote a list of observations on the event.

Keynesians and others who support fiat currency and central banking frequently claim that there is not enough gold in the world to back the quantity of currency in existence, and thus returning to gold would set off a deflationary spiral while destroying several industries that depend on gold. I debunked that claim.

On the anniversary of the Oklahoma City bombing, I applied ethical theories to the event to gain a deeper perspective of what happened and the aftermath of the event.

The primary aim of politically active libertarians is to limit and reduce the size and scope of government, as well as to eliminate as much state power as possible. I made the case that in order to do this, it may be necessary to temporarily do the opposite.

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

Fashion trends can be a useful barometer of the health of a society. I explained how the trend of clothing that is designed to mimic the appearance of wear and work for those who think themselves above the sorts of activities that would produce these effects naturally indicates that a revolution may come soon.

Memorial Day provides an opportunity to promote statist propaganda concerning the nature of service and the provision of defense. I decided to do the opposite.

The immediate danger standard says that using force against someone who is not presenting a physical threat at the exact moment that force is used constitutes aggression, and it has become far too commonly advocated in libertarian circles. I explained why it is wrong and why it has gained prevalence.

On June 14, James Hodgkinson opened fire on several Republican members of Congress and their staffers while they were practicing for the annual Congressional Baseball Game for Charity. I wrote a list of observations on the event.

The Supreme Court ruled against the stays on Trump’s travel ban, but he missed a greater opportunity by letting them decide rather than ignoring the courts. I explained how and why.

Political rhetoric has grown increasingly heated, with violence erupting as a result. I showed how democracy is the root of this problem and how abolishing democracy is the solution.

The meme of throwing one’s political rivals out of helicopters has become popular among certain right-wing and libertarian groups in recent years. Unfortunately, people from all over the political spectrum tend to misunderstand the historical context of the meme, and thus interpret it incorrectly. I wrote an overview of this context and explained why helicopter rides may not be the best option.

I welcomed Insula Qui, the first additional writer for Zeroth Position, in July. He provided two articles to keep the site going while I was preparing for, participating in, and recovering from the Corax conference in Malta. A piece describing the problems that led to the call for net neutrality and recommending against more state inteference in the Internet came first, followed by a critique of common libertarian strategies to date. Speaking of the Corax conference, a revised version of my talk may be found here, as they own the rights to the original. A topic that came up in the talk that needed further comment is that in the discussion of proper behavior beyond the basics of libertarian theory, right-libertarians in general and libertarian reactionaries in particular will use the term ‘degeneracy,’ but they do not always properly define the term. I attempted to do so.

In the August 2 episode of the Tom Woods Show, he asserted that libertarians and fascists are completely contradictory political perspectives and could never be combined, and that when one embraces fascism, one must have relinquished one’s libertarianism, as there is no other solution that would make sense. Qui countered these assertions and delved deeper into the relationship between libertarianism and fascism than I had previously, which is not as inimical as one might think.

An alt-right rally in Charlottesville, Va. on August 11-12 turned violent, with three deaths and about 20 injuries. I wrote a list of observations on the events. In response, the large technology companies of Silicon Valley, which have become increasingly hostile to right-wing and libertarian content creators over the past decade, ramped up their censorship efforts. I proposed a novel and radical plan to deal with this problem so as to avoid public utility regulation.

I welcomed Benjamin Welton, our second additional writer, in September. I had meant to write an article about using the historical concept of outlawry to deal with violent illegal aliens myself, but time constraints led me to outsource the project. He then explored several historical examples of private military defense, finding that something novel must be created in order to defeat the state and maintain a libertarian social order.

In the wake of two major hurricanes, the usual complaints about price gouging were made yet again. I explained why price gouging is actually beneficial.

Qui wrote a piece about the limits of the applicability of libertarian philosophy, explaining that humans can fall into the categories of personhood or savagery, and that it is important to deal with each accordingly.

Catalonia held a referendum to secede from Spain and become an independent nation on October 1. This was met with force, and much hostility ensued. I wrote a list of observations on the events.

Qui examined the role of the modern concept of citizenship in advancing a particularly insidious form of totalitarianism.

On October 5, the New York Times published an opinion column by Michael Shermer in which he argued that the rule of law is a bulwark against tyranny, but guns are not. I thoroughly rebutted his arguments.

Welton explored the history of judicial corporal punishment, then made a case for restoring its use as a replacement for imprisoning lesser criminals.

The debt ceiling became a political issue again. As it incites financial panic for no good reason and hides important truths from common view, I advocated for its elimination on formalist grounds.

Capitalism and consumerism are distinct phenomena, with the latter caused by high time preference, which in turn is caused by the flaws inherent in modernity. Qui explained this at length.

I welcomed Nathan Dempsey, our third additional writer, in November. He runs a project called Liberty Minecraft, and wrote an introduction to the project.

The relationship between libertarianism and racial politics 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. Many libertarians either provide the wrong answer or are afraid to address the question, so I decided to address libertarianism and support for ethnic nationalism.

Black Friday is revered by most libertarians as a celebration of free-market capitalism. I updated my explanation of why this reverence is misplaced. I weighed in on holiday shopping again due to some misguided criticism of computer programs designed to scalp popular gifts. Finally, I detailed the problems with Santa Claus.

Qui offered a message of hope in dark times by demonstrating how the socialists and anti-capitalists of today are not usually as fanatical as those that the early libertarians opposed, then offered advice on how to argue against them. He quickly followed this with an explanation of his concept of autostatism, which closely echoed one of the other presentations from the Corax conference. He then dealt with traditional views on degenerate behavior, and how a compassionate, non-enabling approach is necessary.

Due to surging exchange rates, the opening of Bitcoin futures, and the likelihood of Bitcoin exchange-traded funds in the near future, there is renewed mainstream interest in Bitcoin and other cryptocurrencies. There are benefits of cryptocurrencies which will be cheered by political outsiders to the chagrin of the establishment, and I listed eight of them.

Qui finished out the year by explaining why individualism and nationalism are not as incompatible as many people believe.

All in all, it was an interesting year full of occasions to make sharp libertarian and reactionary arguments. May 2018 bring more and better. Happy New Year!

The Problems With Santa Claus

Every year on Christmas Eve, children throughout Christendom eagerly await a visit from Santa Claus. Most children are told that he visits the homes of children to place gifts under Christmas trees for good children and bring coal or sticks for bad children. While many parents may believe that this is a harmless “white lie,” there is a case to be made that the myth of Santa Claus is actually very harmful to children. Let us examine the origins of these customs and consider their ill effects.

Santa’s Origin

The original form of Santa Claus was nothing like his common appearance today, which is largely a product of Thomas Nast’s cartoons (shown above), the poetry of Clement Clark Moore, and Coca-Cola advertisements. The custom of a mythical figure placing presents under a tree dates back to the mother/child cult of Semiramis and Nimrod in ancient Babylon. The mythology says that Nimrod married his mother, setting her up as the “queen of heaven” and himself up as the “divine son of heaven.” The two of them had a son named Tammuz, a god of food and vegetation worshiped in Sumer, Akkad, Assyria, and Babylonia. Upon Nimrod’s death, Semiramis claimed to see an evergreen tree spring up to full size overnight, symbolizing the “new life of Nimrod.” She then taught Tammuz to go into forests and make offerings to his father on the day that is December 25 in the Gregorian calendar (the origin of the date of Christmas), who was now worshiped as the sun god Ba’al, the false god mentioned numerous times in the Old Testament of the Bible. The custom was known to the authors of the book of Jeremiah, which includes the following:

“Do not learn the way of the Gentiles; do not be dismayed at the signs of heaven, for the Gentiles are dismayed at them. For the customs of the peoples are futile; for one cuts a tree from the forest, the work of the hands of the workman, with the ax. They decorate it with silver and gold; they fasten it with nails and hammers so that it will not topple. They are upright, like a palm tree, and they cannot speak; they must be carried, because they cannot go by themselves. Do not be afraid of them, for they cannot do evil, nor can they do any good.”[1]

The book of Jeremiah is believed to have been written between 627 and 586 BC—six centuries before the time of Jesus—disproving any assertions that the customs surrounding Christmas were an invention of Christians. Nimrod was also known as Santa throughout Asia Minor.[2] Another name for Nimrod used in Greece was Nikolaos. This name is a combination of the Greek words nikos and laos, which together mean “victory over the laity” or “conqueror of common people.” These customs inform certain practices within Christianity, such as the focus on Mary and Jesus together. Thus, the gift-bearing portion of the Santa Claus or Saint Nicholas story is ultimately a manifestation of the ancient cults of Babylon.

Krampus Confluence

With Santa’s gifts explained, let us turn to the coal and sticks. These come from a pre-Christian tradition in Eastern Europe involving a figure named Krampus. This being, whose portrayal resembles that of Satan, is said to come on December 5 (Krampusnacht) to punish bad children. He may leave coal or sticks, beat children with sticks, kidnap and throw them into water, or take them directly to Hell in the worst cases. In places where Krampusnacht is observed, children get presents on December 6. Families with unruly children hang gold-painted bundles of birch sticks in their homes throughout the year as a functional décor to remind the children of the threat that Krampus may beat or abduct them.

Krampusnacht celebrations involve parades of people wearing Krampus costumes, running through the streets and beating people. The masks involved can be valuable items of folk art, especially if they are antiques. Though Krampus was of Norse origin—said to be the son of Hel, the god of death and the underworld who lends her name to the Hell of Christianity—he has been linked to Santa since the 17th century. Though Krampus was banned under fascist rule in the 1930s, the custom resumed once those governments fell.

Ill Effects

To adults, all of this may seem like a harmless bit of fun. But when children are taught to believe in such beings as Santa Claus and Krampus, several detrimental effects may occur. First, parents who lie about Santa and/or Krampus are weakening their trust and credibility. Children will someday realize that their parents have lied to them, and this will lead them to question other statements that their parents have made. This can lead to trust issues that persist even into adult life, as well as damage a fundamental and irreplaceable relationship in a young person’s life.

Second, the Krampus story encourages violent parenting. A multitude of studies show that physically abusing and verbally threatening children is counterproductive to their development. The idea that a demon may take a child away from home forever into a place of punishment can inflict lasting feelings of trauma and insecurity on a young mind, and being hit with sticks is not much better for a child’s physical health. If children are capable of understanding reason, then it is better to use reason. If children are incapable of understanding reason, then they cannot understand the reasons why their elders are striking or threatening them. Moreover, the desire to escape punishment is the lowest of Kohlberg’s six stages of ethical development[3], and the desire to obtain rewards is the next lowest. Myths like those about Santa and Krampus can keep people from progressing past these lower stages of ethical thinking.

Third, these myths teach children to believe in entities whose existence and efficacy are not supported by credible evidence. A scientific analysis of what Santa Claus and his flying reindeer would have to do to fulfill the conditions set for him shows that he would have to endure G-forces more than 1,000 times beyond what is lethal. The idea of gifts and punishments coming seemingly out of nowhere, deus or diabolus ex machina style, to those who deserve them, requires a supernatural violation of physics as well as economics. If a child can be taught to believe in Santa or Krampus in the absence of credible evidence, then it will be easier for them to fall prey to religious cults or confidence schemes later on. On a related note, such traditions undermine the religious teachings that parents may wish to pass on to their children. Once children reason their way to the conclusion that Santa Claus is not real, they may apply similar thinking to the Christian God and become atheists, which a Christian parent would presumably not wish to see.

Fourth, the focus on gifts that is encouraged by belief in Santa Claus contributes to a culture of degenerate consumerism. This leads many people to spend money they do not have on items they do not need, then take the rest of the year to pay off the debts they incur during the holiday season. This runs counter to Christian teaching, which encourages both economic frugality and an emphasis on long-term planning over immediate gratification.

But perhaps the most damaging aspect of the Santa Claus myth relates to the similarities between the Santa/Krampus duo and the institution of the state. The lyrics to a popular Christmas song say,

“He sees you when you’re sleeping,
He knows when you’re awake,
He knows if you’ve been bad or good,
So be good for goodness sake!”[4]

The idea of a benevolent gift-giver who regularly violates everyone’s privacy and will bring punishment to those whom he deems to be bad people is a close approximation of the ideals of the current political establishment. The story of Santa makes the citizenry easier to control by making people comfortable with a state apparatus that frequently violates their rights and threatens them with punishment from a young age.

Conclusion

All things considered, the stories of Santa Claus and Krampus have the effects of destroying trust in the family, healthy personal development, acceptance of reason and science, maintenance of other traditions, and the desire for liberty in the mind of a child. For these reasons, it is fair to say that lying to children about Santa Claus and/or Krampus does far more harm than good. It is best to be honest about such customs and tell children that these are merely stories rather than real entities so that they will not develop resentment, irrationality, and statist tendencies.

References:

  1. Jeremiah 10:2-5 (NKJV)
  2. Langer, William L. (1940); Stearns, Peter N. (ed. 2001). The Encyclopedia of World History: Ancient, Medieval, and Modern, chronologically arranged. Houghton Mifflin. p. 37.
  3. Kohlberg, Lawrence (1976). “Moral stages and moralization: The cognitive-developmental approach”. In Lickona, T. Moral Development and Behavior: Theory, Research and Social Issues. Holt, NY: Rinehart and Winston.
  4. Coots, John Frederick and Gillespie, Haven (1934). Santa Claus Is Comin’ to Town.

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

Book Review: The Art Of Invisibility

The Art of Invisibility is a book about methods of maintaining privacy and anonymity in an age of surveillance by American hacker and cybersecurity analyst Kevin Mitnick. The book gives advice on every aspect of modern technology which could expose one to nosy neighbors, identity thieves, law enforcement, and other sources of unwanted attention. The book is divided into sixteen chapters which advise the reader about various measures that can be taken to improve security.

The introduction begins with the revelations made about the NSA’s activities by Edward Snowden, then discusses the information that is publicly available about most people with very little searching required. The first chapter is about password security and security questions. Tips are given for choosing a strong password, using a password manager, creating answers for security questions, and using multi-factor authentication. The second and third chapters cover surveillance of email and phones. Mitnick covers the concepts of metadata, encryption, and social engineering. He explains how the Tor browser and MAC addresses work. He discusses several current and historic methods of wiretapping phone conversations and pinpointing the location of a phone, then explains how a burner phone may be used to obtain some privacy.

Chapter 4 is about the functionality and use of encryption to thwart eavesdroppers. This is discussed in the context of text messages, cell phones, and computers, each of which is remarkably vulnerable without it. The next chapter begins with the Sarbanes-Oxley Act, which is now being used to prosecute anyone who deletes browser history that federal prosecutors wish preserved. Mitnick makes the obvious recommendation of not collecting such history in the first place, then instructs the reader on how to do so. He then discusses how Internet browsers track a user’s location and how this may be countered. The chapter concludes with the dangers of connecting devices and cloud storage.

The sixth chapter details various tactics that websites use to track users, such as scripts, single-pixel images, cookies, and toolbars, then offers advice for stopping them. The chapter ends with a basic overview of Bitcoin for overcoming some current legitimate uses for tracking. The dangers of sharing an Internet connection make up the seventh and eighth chapters. Mitnick teaches the reader how to set up an Internet connection that is difficult for malicious users to find and use. Next, he discusses several cases in which webcams were used to spy on people, including underage students. The phenomenon of ransomware, in which a user’s files are encrypted by malware and can only be decrypted by paying an extortionist, concludes Chapter 7. After this comes the pitfalls of public computers and Wi-Fi connections. Lessons on avoiding man-in-the-middle attacks, using virtual private networks, resetting one’s MAC address, and more are found in the eighth chapter.

The second half of the book opens with examples of photo metadata being used to locate people, then tells how to delete such information and prevent it from being created. Mitnick then gives advice on how to get unwanted photographs of oneself removed from websites, though it may not always work. The dangers of posting sensitive personal information on social media or otherwise sharing it with strangers is discussed. The extent to which corporations track commentary on social media is detailed through examples of students found publicly discussing standardized test material. The absurdity of minors facing criminal charges for possessing nude photos of themselves is used to illustrate the potential dangers of Instagram and Snapchat. The chapter finishes with privacy problems that can come from using dating sites and mobile apps.

Mobile device tracking is the subject of the tenth chapter. Mitnick writes about the third-party accessibility of information recorded by fitness-tracking devices as well as the trackability of people through the GPS features of their devices. He also shares an interesting episode of social engineering combined with tracking in which he surprised a careless driver who almost killed him with a stern warning supposedly from the DMV. The use of drones and facial recognition to erode privacy come later in the chapter, along with some prototypical countermeasures. The next two chapters detail how cars and home appliances can be used to track people, then show people how to turn off many of these features. Doing so will deprive users of some convenience, but that is the general cost of privacy and anonymity.

Chapter 13 applies the information discussed in previous chapters to the workplace. The insecurity of copiers, printers, and other such office appliances is highlighted so as to warn readers not to use them for any purpose that one would not want one’s employer or any hacker to see. Videoconferencing and remote file storage systems are covered in the last part of the chapter, with advice given for increasing security on them. The fourteenth chapter details the myriad ways in which government agents violate privacy and interfere with private electronics and communications, then advises readers on how to protect themselves while being aware of the laws in various countries. Also included here are the privacy concerns with hotel keys, supermarket cards, and airline boarding passes should they fall into the wrong hands.

The fifteenth chapter is mostly about the arrest of Ross Ulbricht, describing the mistakes that led to his capture. Devices that masks geolocation, and could thus have hidden Ulbricht from law enforcement had they existed in 2013, are mentioned. The final chapter lays out a step-by-step guide to achieving as much anonymity online as possible.

From beginning to end, Mitnick shares a wealth of information with just the right amount of personal anecdotes and other stories to keep the reader engaged. The Art of Invisibility is an excellent reference that deserves a place on the bookshelf of all who care about online privacy and personal security until enough time passes to render the information within obsolete, which may be on the order of decades.

Rating: 4.5/5

The Case For Judicial Corporal Punishment

The modern penal state is geared towards keeping its prisoners institutionalized, which is to say totally conditioned to the rhythms, desires, and goals of the penal state itself. This process supports the penal state, for institutionalized men and women usually commit more crimes once they return to the outside world. While low intelligence and poor impulse control can explain many cases of recidivism, they cannot explain all cases.

The state and its private prison contractors make more money off of full bunks and crowded cells. Ergo, stringent laws and the growth of the criminal justice system benefits the state at every level. For liberty to exist, this prison-industrial complex must be destroyed. The simplest method for accomplishing this is to return to the pre-modern punishments that the prison-industrial complex replaced. For more serious crimes, exile and outlawry could be reintroduced. For lesser offenses, a return to judicial corporal punishment is a superior alternative to the dehumanizing penal state. Let us explore the history of judicial corporal punishment, make the case for bringing back such punishments, and deal with likely objections.

A History of Violence

In the opening passage of his influential book Discipline and Punish, left-wing philosopher Michel Foucault characterizes pre-modern punishment as a gory spectator sport:

On 2 March 1757, Damiens the regicide was condemned ‘to make the amende honorable before the main door of the Church of Paris,’ where he was to be ‘taken and conveyed in a car, wearing nothing but a shirt, holding a torch of burning wax weighing two pounds’; then, ‘in he said cart, to the Place de Greve, where, on a scaffold that will be erected there, the flesh will be torn from his breasts, arms, thighs and calves with red-hot pincers, his right hand, holding the knife with which he committed the said parricide, burnt with sulphur, and, on those places where the flesh will be torn away, poured molten lead, boiling oil, burning resin, wax and sulphur melted together and then his body drawn and quartered by four horses’…”[1]

The brutal evisceration of Damiens was meant to purge the body politic of one man’s infection. In Foucault’s telling, pre-modern punishment was personal and designed to be didactic (thus the importance of the punishment being seen). Pre-modern punishment was also based around the monarch. For instance, Foucault talks about the ceremony of punishment and how pre-modern kings usually spoke of crime as an assault on them, the office of the sovereign, and, by extension, God. Modern leaders, by contrast, usually speak of crime as aassault on and debt owed to society.

Such public humiliation was not confined to the Old World. Prior to the American Revolution, public executions and lesser punishments such as branding were undertaken by colonial authorities acting on behalf of both the British king and their colonial charters. In Puritan Massachusetts, “scolds” and “brawlers” were placed into the cucking stool. Most commonly associated with witchcraft trials, cucking stools were simple machines whereby guilty parties were repeatedly dunked into “purifying” waters. Elsewhere in colonial New England, bickering couples or fornicators were sentenced to the pillory, where, side-by-side, they were subject to the violent whims of the community that they had angered with their “ungodly” behavior. Property crimes in colonial New England prompted similarly harsh treatment. Those who committed tiefen, or the theft of livestock, food, or clothing from farms, had their ears removed. Counterfeiters suffered the same fate until new laws were established in 1806. Arsonists typically met with a noose.[2]

Popular history has remembered the Puritans as stern and superstitious provincials who saw the Devil peeking around every corner. However, they were a law-abiding society that utilized sharp punishments because of their unusual mixture of theocracy and republican virtue. Namely, every New England citizen was encouraged to spy on each other in order to ensure good behavior. If one local man left his barn door open or if a local woman talked too much, then the delicate covenant with God could be broken. Puritans protected this covenant like they protected their homes against Indian raids—with violence and prejudice.

The colonial South differed very little from New England in terms of its approach to corrective justice. 17th century Virginia saw criminals branded or mutilated in some way. As for prisons, the first one in American history may have been the English ship Susan Constant, the very same vessel that carried Captain John Smith and the Jamestown settlers to the New World.

The Coming of Prisons

British officials were bitten by the criminal justice reform bug early in the 18th century. As a result, James Oglethorpe, who was concerned about debt prisoners in Great Britain, was given control over the Colony of Georgia, North America’s largest penal colony. Here, work and the fresh air became substitutes for dank dungeons or “barbaric” practices like branding or mutilation.

During America’s push westward, physical punishment carried on in much the same way as it had in the 17th century. Horse thieves were hung by vigilante committees, while lynching parties tended to do the work of judges and juries. The lynching parties in the rural South tended to have a racial character, with whites killing black men under charges of rape or engaging in sexual improprieties with white women.

Back on the East Coast, criminal justice reform moved towards a supposedly more humane model of punishment. As was the case in England, American Quakers led the charge for prison systems that were designed to change the behavior of their inmates. From the late 18th century onward, America’s prisons became correctional institutions where wardens attempted to guide their charges to better lifestyles through work, contemplation, and isolation.

For Foucault, the linchpin to this new prison system was the Panopticon—a cyclopean tower that stood in the middle of a ring of prison cells. From this guard tower, prison officials hoped to direct the behavior and thought patterns of their prisoners. He writes,

Hence the major effect of the Panopticon: to induce in the inmate a state of conscious and permanent visibility that assures the automatic functioning of power. So to arrange things that the surveillance is permanent in its effects, even if it is discontinuous in its action; that the perfection of power should tend to render its actual exercise unnecessary…”[3]

The power of the Panopticon lies in the fact those within the purview of its vision can never be sure if they are being watched. Even if no one is controlling the tower, most prisoners will act as if someone is observing them. The theory of the Panopticon can today be found in the United Kingdom, where closed-circuit television cameras abound on almost every street corner. In the United States, not only is the NSA busy spying on everyone, but technology companies like Google and Facebook use their power to discourage “wrongthink” concerning political issues.

However, as powerful as the Panopticon is, it would have never been born without the Enlightenment and America’s transition from a limited monarchy to a constitutional republic. Rather than seeing crime as an offense against one person (the sovereign) or against a limited community, crime became seen as an offense against the entire society (the demos). It thus became cruel to subject criminals to customized punishments and important that criminals be kept away from the masses. The modern penal state does just that, but the process of creating a separate culture of prisoners actually rationalizes criminality. Criminals were once those who trespassed against divine authority, but criminality is now a profession that has a finishing school called prison.

Peace Through Force

The modern penal state has only been successful in producing more criminals. This is part of its business model, so in order to find a superior alternative, we must do away with the modern penal state. In its place should be private citizens and municipal authorities which do not receive any money from the federal government. Rather than operate contemporary prisons, these communities would subject criminals who have been convicted of serious crimes to flogging, branding, or other such corporal punishments. The most incorrigible criminals would be subject to execution or exile as an outlaw rather than life in prison. Lesser offenses would merit restitution to be performed in a different sort of prison that those which are common today.

It should go without saying that children should not be subject to judicial corporal punishment. Just as using physical violence at the individual level of the parent to discipline children violates the non-aggression principle, so too would the use of communal violence. Instead, every effort to reason with children and teach them virtue must be made. It is only after all such efforts are exhausted to no avail and a disobedient child grows into a criminal adult that they should feel the sting of the lash.

The practitioners should ideally be those aggrieved by the criminals; otherwise, the administrators should be the natural leaders in the community. Because one of the largest problems in modern culture is that the true nature of reality is hidden from the masses, the new corporal punishments should be performed in public, with all citizens encouraged to witness the acts and hear the reasons for them. Bringing back pre-modern punishments would show everyone that violence is disgusting and only righteous when used to deter aggression.

Another added benefit would be that criminal trials and punishments would be an expedited affair. Currently, the average time of criminal trials, whether for misdemeanors or felonies, is anywhere between three months and several years. In the proposed system, trials would be faster, primarily because one of the key components of this system would be a streamlined criminal code. There would be less crimes on the books, for libertarian theory only considers crime to be those offenses which victimize or threaten a person or property. For example, simple possession of drugs or engaging in prostitution in secret would be considered vices rather than crimes, to merit the attentions of the beadle rather than the policeman.

Along with faster trials and more efficient punishments, a return to pre-modern methodologies of punishment would curtail the demand for prisons. At best, only medium-sized jails would be needed to temporarily house those awaiting trial. And since life imprisonment would no longer be an available sentence, there would be no need for “supermax” correctional facilities that cost taxpayers millions of dollars every year. There would only be two options for the most hardened criminals: death or banishment from society.

Objections

As with an earlier proposal for private security, the first likely objection is that bringing back pre-modern punishments would incentivize vigilantism and the madness of crowds. Liberals will claim that such a proposal all but guarantees a return to lynching and racial injustice. Although there is no guarantee that every community would act perfectly rationally, every liberal must answer this question: is it better to have injustice on a small scale or on an industrial scale? Would community-organized punishment really be that much worse than the current penal state, which has seen millions of men pass through its doors thanks to pointless drug laws? The critic would also be conflating racial injustice with the methods of punishment being used, when the two are separate issues. Furthermore, the proposal is not to abandon a judicial structure in favor of vigilantism, but to reintroduce corporal punishment into a judicial structure.

Another possible objection is that the mentally or physically unfit would be subject to corporal punishment. This can be resolved by barring the mentally or physically unfit from certain punishments, although both could still face an array of pre-modern punishments, including permanent house arrest, banishment, and even cruel execution. Doctors and other medical professionals would play a key role in determining whether someone is fit for punishments such as flogging or branding.

A third objection would be that the proposed system would not deter crime. After all, there has never been any conclusive proof that the death penalty deters crime. Indeed, some of the most hardened criminals may even have a death wish. But this may have more to do with the current practice of capital punishment rather than its effectiveness in all cases. Capital punishment in America is a drawn-out process that often sees inmates waiting on death row for decades. Some famous criminals, such as Charles Manson and members of the Ripper Crew, were sentenced to death, but had the good fortune to be housed in liberal states that discontinued capital punishment. A pre-modern regime would not give criminals the chance to languish away in government-subsidized cells complete with food, showers, clothing, televisions, and other amenities. Similarly, rather than be injected with toxins or shocked with thousands of volts of electricity in secret death chambers, criminals would be publicly humiliated in view of all of society. Such an attack on personal pride and vanity would strike a deep cord in most criminals.

Fourth, some will condemn the use of corporal punishment as anti-libertarian, or at least counterproductive. As noted above, such arguments are correct when applied to children, but for adult aggressors who inflict bodily harm upon others, these are merely aesthetic and utilitarian concerns which play no role in libertarian theory. As Murray Rothbard writes,

“In the question of bodily assault, where restitution does not even apply, we can again employ our criterion of proportionate punishment; so that if A has beaten up B in a certain way, then B has the right to beat up A (or have him beaten up by judicial employees) to rather more than the same extent.”[4]

This comes not out of concern for efficacy or even deterrence, but out of concern for logical consistency.

Finally, the greatest objection to this proposal in America is the Eighth Amendment, which outlaws “cruel and unusual punishment.” While this amendment was written with the good intention of restraining the state, it prevents the punishment from fitting the crime in the event of cruel and unusual crimes. One could also argue that the entire concept of a prison is cruel and should be unusual. Furthermore, cruelty done in the name of justice is not immoral. While it may be cruel to brand a criminal for horse thievery, the original act of theft may have been just as cruel, if not more so, especially if a family depended on that horse for its livelihood.

Conclusion

The current penal state institutionalizes bad behavior and encourages recidivism in the form of social ostracism and limited economic prospects. By contrast, a pre-modern approach to criminal justice, even with its attendant violence, does more to discourage repeat offenders and the marginally criminally-minded. Better yet, a pre-modern system would do away with lengthy trials and the specter of long, taxpayer-funded waits on death row. Punishments would be quick, vicious, and public, thus increasing the likelihood of deterrence.

Such a system would have no need for the central state. All trials and punishments could be carried out at the local level. Judges, bailiffs, juries, punishers, and executioners could all be local residents. The holding cells would also have little need for federal funding, for local resources are generally enough for temporary housing before trial. A pre-modern punishment regime would decrease crime, cut out the vampiric state and its bloated penal system, and put authority back into the hands of municipalities.

References:

  1. Foucault, Michael (1977). Discipline and Punish: The Birth of the Prison. Random House. p. 3
  2. Mofford, Juliet Haines (2012). “The Devil Made Me Do It”: Crime and Punishment in Early New England. Globe Pequot Press.
  3. Foucault, p. 201
  4. Rothbard, Murray (1982). The Ethics of Liberty. Humanities Press. p. 89

Guns Are The Only Bulwark Against Tyranny

On October 5, the New York Times published an opinion column by Michael Shermer in which he argues that the rule of law is a bulwark against tyranny, but guns are not. In this rebuttal, I will show on a point-by-point basis that he has made an erroneous case while committing numerous logical fallacies, and that the opposing view is correct.

“In the wake of the Las Vegas massacre — the worst in modern American history, with 58 dead and some 500 wounded — the onus falls once again to those against gun control to make their case.”

Shermer uses the qualifier “modern,” but does not bother to define it. It seems that to him, events like the Wounded Knee Massacre, in which agents of the United States government murdered 300 members of the Lakota Sioux tribe, including 200 women and children, do not count because they occurred before some arbitrary cutoff date. Ignoring such events is also convenient for the arguments he will make later. That the onus is on the gun rights side rather than the gun control side is simply asserted and may be simply dismissed.

“The two most common arguments made in defense of broad gun ownership are a) self protection and b) as a bulwark against tyranny. Let’s consider each one.”

Another common argument that Shermer ignores is the right to own property in general, of which the right to keep and bear arms is part and parcel. But that would require him to deal in a priori logic, which does not appear to be his strong suit.

Self-Defense, Crime, and Suicide

“Stories about the use of guns in self-defense — a good guy with a gun dispensing with a bad guy with a gun — are legion among gun enthusiasts and conservative talk radio hosts.”

This is because such events happen regularly, to the tune of at least 338,700 events in America in between 2007 and 2011. As will be explained below, this is a low estimate.

“But a 1998 study in The Journal of Trauma and Acute Care Surgery, to take one of many examples, found that ‘every time a gun in the home was used in a self-defense or legally justifiable shooting, there were four unintentional shootings, seven criminal assaults or homicides and 11 attempted or completed suicides.’ That means a gun is 22 times more likely to be used in a criminal assault, an accidental death or injury, a suicide attempt or a homicide than it is for self-defense.

A 2003 study published in the journal Annals of Emergency Medicine, which examined gun ownership levels among thousands of murder and suicide victims and nonvictims, found that gun-owning households were 41 percent more likely to experience a homicide and 244 percent more likely to experience a suicide.”

It is curious that Shermer could not find and cite any more recent studies to support his case, but let us deal with his evidence, such as it is. All such studies suffer from two fatal flaws; they cannot count the number of crimes which did not occur because a potential criminal either saw a gun or believed a gun was present and chose not to offend, and empiricism cannot provide information about counter-factuals. For instance, criminals who have been killed by defensive uses of guns may have otherwise gone on to commit scores of murders, but they were prevented from doing so in this timeline. Without guns, other weapons would be used to commit homicides and other crimes, such as knives, bombs, and vehicles, as occurs in countries where firearm ownership is rare and difficult. That there is a difference between a legally justifiable shooting and a morally justifiable shooting further complicates matters.

Furthermore, Shermer implies that all suicides and accidents involving guns are bad, which is not the case. A person who has a short amount of time to live and will be in excruciating pain for the entirety of that time may decide that nonexistence (or going to whatever afterlife the person believes in) is better than existence as a terminally ill person. In such a case, a self-inflicted gunshot wound can act as a form of euthanasia compared to the protracted suffering which would otherwise lie ahead. (And because many governments still violate the sovereignty of their citizens over their own bodies by prohibiting physician-assisted suicide, these are cases of bad people with guns being defeated by good people with guns, albethey in a different manner.) The tragedy in such a case is not the gun death, but the terminal illness behind the gun death.

Another case can occur during an armed conflict. A person whose position is being overrun by enemy forces may commit suicide to avoid capture, interrogation, and torture at the hands of the enemy. Historically, many women did this to avoid becoming victims of war rape and many people with valuable knowledge did this to keep themselves from being tortured into divulging important information to the enemy. In such cases, a self-inflicted gun death can be the best of a multitude of bad options. Though these situations are unlikely inside of the United States, they are not impossible.

Third, a person whose brain does not function properly can come to believe that putting a bullet through one’s skull has some effect other than ending one’s life, or that self-preservation is not a worthwhile endeavor. While there are many cases in which intervention is needed and the death of the mentally ill person would be regrettable, there are some people who have a chronic and incurable mental condition. A strong desire to end one’s life in the absence of terminal illness or an impending worse fate is a mechanism of natural selection to eliminate organisms which are not sufficiently fit to reproduce and take care of the next generation.

On the subject of accidental gun deaths, some cases are best prevented by education of gun owners, but others are a mechanism of natural selection. The gun owner who handles his guns haphazardly or maintains them improperly can remove himself from the gene pool when the gun either shoots him or fails catastrophically in his hands. The gun owner who is a parent and fails to secure his guns around young children is less likely to get to be a grandparent, great-grandparent, and so on. At any rate, accidents are the fault of people, not guns.

With regard to the claim that gun-owning households are more likely to experience a homicide or suicide, to say that this is because guns are present is a cum hoc ergo propter hoc fallacy. Additionally, Shermer neglects to mention studies that show a decrease in violent crime as gun ownership has increased. Perhaps he realizes that such data would undermine his narrative. The aggregate is a wash; there is no clear correlation one way or the other.

“The Second Amendment protects your right to own a gun, but having one in your home involves a risk-benefit calculation you should seriously consider.”

The Second Amendment’s utility in this regard is questionable at best, and Shermer’s empirical arguments are highly suspect, but the idea that the decision to have a firearm in one’s home involves a risk-benefit calculation is technically correct.

Tyranny and Rebellion

“Gun-rights advocates also make the grandiose claim that gun ownership is a deterrent against tyrannical governments. Indeed, the wording of the Second Amendment makes this point explicitly: ‘A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.’ That may have made sense in the 1770s, when breech-loading flintlock muskets were the primary weapons tyrants used to conquer other peoples and subdue their own citizens who could, in turn, equalize the power equation by arming themselves with equivalent firepower. But that is no longer true.”

Shermer unintentionally makes a strong argument that the right to keep and bear arms should be greatly expanded. In order to “equalize the power equation,” let us repeal the National Firearms Act of 1934 to remove taxes on certain categories of arms, the Atomic Energy Act of 1946 so that private citizens can own a nuclear deterrent, the Gun Control Act of 1968 to eliminate licensing of arms dealers and manufacturers, the Firearm Owners Protection Act of 1986 to decriminalize private ownership of machine guns manufactured after that date, and numerous other federal, state, and local measures that further restrict what kinds of weapons may be owned by private citizens.

“If you think stockpiling firearms from the local Guns and Guitars store, where the Las Vegas shooter purchased some of his many weapons, and dressing up in camouflage and body armor is going to protect you from an American military capable of delivering tanks and armored vehicles full of Navy SEALs to your door, you’re delusional.”

Shermer follows in the pattern of most other leftists in straw-manning the nature of a violent uprising to overthrow the state. No one seriously believes that a single individual is capable of going up against the armed forces of a nation-state and emerging victorious. Instead, such an effort would require a few percent of the civilian population to use self-defense against agents of the state just as they would against common criminals. Nor is it necessary to achieve the sort of victory that one nation-state would enjoy against another in a war in order to succeed in such a revolution. A sustained effort of decentralized, anti-political, guerrilla attacks need only make the prospect of being a government agent within a certain territory too dangerous of an employment option to be worthwhile, thus physically removing the state from that territory without the need to meet the state’s forces in regular warfare. Note that even a single instance of government agents being killed can greatly reduce oppression, at least in the short term.

As Shermer suggests, a state is likely to deploy its military domestically in an effort to put down such a rebellion. If the rebels are competent, they will blend into the general population when they are not actively engaging their opponents. Thus, using military hardware against the revolutionaries would cause many civilian casualties, especially in the case of area-effect weapons. Just as drone strikes that kill innocents overseas cause more people to join terrorist organizations today, the state’s response to the rebels would cause more people to join the rebels to try to avenge their fallen friends and family members. The state would also damage the infrastructure that it needs to operate in order to maintain public support and carry out its functions.

Shermer seems to believe that military vehicles and personnel are invincible juggernauts that the average citizen could not hope to defeat. This is quite false, as many resistance movements have conclusively proven. Military vehicles are quite vulnerable to ambush in close quarters. Improvised explosives can destroy or disable them, as can large amounts of fire, such as from multiple Molotov cocktails. Aircraft are harder to deal with if the rebels present them with a target and cannot keep them grounded, but drones can be hacked and thermal evasion suits are not terribly difficult to build. Of course, an ounce of prevention is worth a pound of cure. All vehicles need to be fueled, controlled, and maintained, and all offensive vehicles need to be armed. Someone must perform each of those tasks. Someone must deliver the resources for both those tasks and the personnel involved. Those people are far more vulnerable than the vehicles themselves.

While leftists tend to deride such suggestions as pure fantasy, anyone who has bothered to seriously think through such possibilities knows that they are not, including high-ranking United States military personnel who are responsible for preparing plans for such scenarios.

“The tragic incidents at Ruby Ridge, in Idaho, and Waco, Tex., in the 1990s, in which citizens armed to the teeth collided with government agencies and lost badly, is a case study for what would happen were the citizenry to rise up in violence against the state today.”

That these are not useful case studies for the possibility of rebellion against the United States government has been demonstrated in the previous section. One must also consider the difference made by Timothy McVeigh. Although his actions cannot be defended from a deontological perspective, the Oklahoma City bombing appears to have had positive consequences with regard to how the state handles armed resistance. By the standard of Ruby Ridge and Waco, the Montana Freemen standoff in 1996, the Bundy Ranch standoff in 2014, and the Malheur standoff in 2016 all should have ended in mass casualties. But because McVeigh made such massacres costly for the state in terms of blowback, responding to such armed standoffs with overwhelming deadly force has become unpalatable.

Government Failure

“And in any case, if you’re having trouble with the government, a lawyer is a much more potent weapon than a gun. Politicians and police fear citizens armed with legal counsel more than they do a public fortified with guns. The latter they can just shoot. The former means they have to appear before a judge.”

The previous two sections clearly refute the idea that the politicians and their agents can just shoot the public. As for citizens armed with legal counsel, they are going into a government courtroom, of government law enacted by those very politicians, presided over by a government judge, funded by taxes that the government extorted from them via the guns carried by those very police. This is a conflict of interest of astronomical magnitude that would never be tolerated in any situation that does not involve the state. The idea that a lawyer is a much more potent weapon than a gun for resolving trouble with a government is thus risible at best.

“A civil society based on the rule of law with a professional military to protect its citizens from external threats; a police force to protect civilians from internal dangers; a criminal justice system to peacefully settle disputes between the state and its citizenry; and a civil court system to enable individuals to resolve conflicts nonviolently — these institutions have been the primary drivers in the dramatic decline of violence over the past several centuries, not an increasingly well-armed public.”

The correlation between declining violence and the civil society he describes does not establish a causal link, so Shermer commits another cum hoc ergo propter hoc fallacy. He also assumes that the state is necessary to provide these essential services. In fact, the opposite is true. Rule of law is the idea that people should be governed by laws rather than by the arbitrary decisions of rulers. A state is a group of people who exercise a monopoly on initiatory force in a certain geographical area. People who have a monopoly on initiatory force necessarily have a monopoly on the enforcement of laws. This means that they can choose the nature of the law and the enforcement thereof. Thus, in the presence of a state, those who wield state power rule the law and not vice versa. Therefore, the only possibility for rule of law, as well as the peace and justice that follow from it, is to have no state.

The civil society Shermer describes has its own set of intractable problems. First, the professional military may protect its citizens from external threats, and the police may protect civilians from internal dangers, but this is the security of a farm animal rather than the security of a free person. The state uses its military and police to prevent exploitation of its subjects by other powers only so that it may monopolize their exploitation. And should this monopoly decline and fail, the citizens will be less secure than they were before its inception. The criminal and civil courts cannot perform their functions correctly due to both the conflict of interest explained in the previous section and the doctrine of sovereign immunity.

“States reduce violence by asserting a monopoly on the legitimate use of force, thereby replacing what criminologists call ‘self-help justice,’ in which individuals settle their own scores, often violently, such as drug gangs and the Mafia.”

The goal of those who wish to create a superior form of social order should be a reduction of aggression, which does not necessarily entail a reduction of violence because aggressive violence may be reduced by overwhelming displays of defensive violence. That being said, government agents murdered over 200 million people in the 20th century, which is hardly a reduction in violence compared to pre-modern conditions.

Shermer then presents a false dilemma between a state monopoly on criminal justice and a vigilante free-for-all, completely ignoring the possibility of market provision of criminal justice through competing private businesses. He also neglects the fact that drug gangs and other organized crime make much of their income through goods and services which do not involve aggression against people or property but have been outlawed by the state regardless. Without state interference in the economy, much of the economic activity which currently involves violent dispute resolution between criminals would instead involve peaceful dispute resolution between legitimate business interests.

Finally, given that the state monopoly on force creates a system in which justice for the crimes of its agents is functionally impossible coupled with anarcho-tyranny, there are cases in which “self-help justice,” better known as vigilante justice, is superior to no justice at all.

“Homicide rates, for example, have plummeted a hundredfold since 14th-century England, in which there were 110 homicides per 100,000 people a year, compared with less than one per 100,000 today. Similar declines in murder rates have been documented in Germany, Switzerland, Italy, the Netherlands and Scandinavia. (American homicide rates are around five times higher than in Europe, owing primarily to the deadly combination of guns and gangs.)”

Again, this does not tell us why homicide rates have fallen. Better economic circumstances and declining exposure rates to toxic substances that increase aggressive behavior also contribute to declining violence. That guns and gangs are primarily responsible for the higher homicide rate in America is simply asserted and may thus be simply dismissed.

“There’s no question that tyrannical states have abused the freedom of their citizens. But it is no longer realistic to think that arming citizens to the teeth is going to stop tyranny should it arise. Far superior are nonviolent democratic checks and balances on power, constitutional guardians of civil rights and legal protections of liberties.”

There is indeed no question that tyrannical states have abused the freedom of their citizens. What Shermer fails to understand is that all states are necessarily tyrannical and must abuse the freedom of their citizens in order to perpetuate their operations. The idea that it is no longer realistic to think that arming citizens to the teeth is going to stop tyranny should it arise has been thoroughly refuted above. Nonviolent democracy in the context of statism is a contradiction of terms because the state rests upon a foundation of aggressive violence, and democratic forms only pour gasoline upon the fire by setting part of the citizenry against another part. Checks and balances do not really exist in practice, as the various parts of a state apparatus invariably come to conspire together toward their common goal of dominating the society under the leadership of the most powerful branch of government. The Constitution itself and the laws passed under it are similarly useless as guardians of rights and protections of liberties because the very powers they are supposed to limit (if we ignore the fact that the Constitution expanded state power far beyond what the Articles of Confederation allowed) are in charge of their interpretation, enforcement, and amendment.

Conclusion

Shermer’s case is deeply flawed from beginning to end. His cherry-picked studies fail to demonstrate his case, as studies with opposing findings exist and the aggregate is inconclusive. He makes unfounded assumptions regarding self-defense and suicide, has thoroughly failed to understand the use of self-defense against the state, and presents a view of civil society that is starry-eyed and naive. Contrary to Shermer, the only bulwark against tyranny is the credible threat of forcible removal of tyrants from power, and this requires the possession and use of guns.

On Citizenship And Casual Totalitarianism

This article expands upon an essay found in Libertarian Reaction.

There are many statists who actively fight against totalitarianism. This may not seem inherently contradictory, but the key to understanding totalitarian ideology is completely ignored by them. The very machinations of the state require totalitarian control over the population. To say that there can be a state without totalitarianism is a contradiction. Totalitarianism originates largely from early fascist theory but has similarly been associated with authoritarian communism. This seems simple enough; a state that attempts to control all parts of society is totalitarian, while a state that does not is just liberal or conservative. Therefore, there is a distinction between a good justifiable state and an evil unjustifiable state. People can make more distinctions based on economic and political systems, but the vast majority agree that totalitarianism is ultimately what determines whether or not a state is ethical. Very few people act as if the Third Reich was a valid exercise in statecraft, and only a few more similarly defend the actions of the Soviet Union. There are also other such regimes, various authoritarian socialist experiments, and lower profile fascist states.

Control Through Law

It is physically impossible for a state to control the lives of everyone. This problem is solved by having the state legislate and regulate, then allowing the enforcers of these laws and regulations to have special privileges, so as to give the state the ability to convict any person the state wants to convict and punish in any way the state deems appropriate. In this manner, one may create a totalitarian state. For obvious reasons, these sorts of states have no regard for human rights or basic decency. Rather, they are directly opposed to the civilized nature of man. Although most people understand this, they do not understand that any state is inherently totalitarian. There are historical exceptions to this, but they are very few and far between and have long since disappeared. Because this is the case, we cannot act as if the historical possibility of a non-totalitarian state is a valid argument. Even if a state can be free of or largely lack totalitarianism for a limited time, this can never last.

Citizenship and Personhood

At the heart of the issue is the very thing that defines the state for all individuals: the aspect of citizenship. Every person under a state is the citizen of that state, which means that they have a relationship with the state in which the state is in a privileged position of control over the citizen. The relationship is even more integrated as without the state, no one can be a citizen. Due to the form of citizenship practiced in modern states, the ability to delegate citizenship gives the state the power to delegate legal personhood. In this system, a non-citizen is as good as a non-person, as they are without the legal protections that other people enjoy.

Because the actions of the citizens affect the relationship of the state with other states and the rest of the citizenry, the state has an interest in subjugating the people under it. This is because the people who live under a state are by necessity people whom the state must control and is expected to control by the rulers of other states and the citizens of that selfsame state. If the state does not control its people, then the state will lose perceived legitimacy as it fails to curtail adverse social effects that result from individual actors who act contrary to a state’s domestic and foreign policies.

From this, any actions taken in a statist system must not only require the consent of all parties involved, but also the consent of the state. The state effectively becomes a secular god, in that it can arbitrarily decide who is or is not legally a person and how people must or must not act. This must be the case with any state, no matter its size, scope, form, or ideological position. The state must hold a monopoly on law in a certain region, as failing to do so would both run afoul of the definition of a state and allow agents of the state to be held accountable for the crimes they commit under color of law. In order to do this, the state needs to make the people within its claimed territory into its citizens. The modern statist system relies upon citizenship, and the states within it would have no justification without such subjects.

Casual Totalitarianism

By this reasoning, there can be no state without totalitarianism. However, this is not the form of totalitarianism that was present in Nazi Germany or the Soviet Union. This is a casual totalitarianism, which is far more insidious than any explicit totalitarianism. In this totalitarianism, the state allows people to sell their labor to a crony capitalist who has swindled for himself special privileges from the state in what is called rent-seeking behavior. Thus, the worker has to either accept terms that no person would rationally accept if given a real choice or work in the black market. This is seemingly voluntary, and most people can get hired to work somewhere, so there can supposedly be no complaining. However, if a person actually tries to do the job that one wants to do as one wants to do it, one runs into mountains of regulations and legislation that an entire team of lawyers must review for compliance. They are also faced with licensing requirements and other privileges that the state keeps for itself and only distributes as the ruling class sees fit. Due to the involvement of the state, we cannot say that there is any legal voluntary economic activity in the current system, as there is no legal economic activity without the state. This is only possible because the state maintains a monopoly on law.

Furthermore, the state can legislate with regard to any relationship, whether interpersonal or political. One cannot engage in any activity without first getting the consent of the state. The state replaces faith and culture when it comes to marriage, as the state decides which marriages and types of marriages are valid and which are not. The state replaces any sense of morality when it comes to law through the doctrine of legal positivism. What matters becomes what is legal rather than what is morally righteous. The state assumes full control over one’s life without arousing suspicion in most people. The state even takes control over what happens between a citizen and himself. That is, the state replaces free will. In the modern world, the state may allow one to engage in any sort of degeneracy under the sun, but the moment the state is harmed or lessened in influence from whatever a person does with himself, the state will forbid it. The state is thus omnipresent, and for many people, this is enough; if they are forbidden from doing something by the state, even when it affects no other persons, they will not do it. People will actively avoid anything illegal, as the state has replaced morality and thinking for oneself.

Because of this, there is no such thing as individualism in the presence of the state. There is effectively only one real person, and that person is the state. No one other than the state can act in any meaningful manner without the consent of the state for fear of being shut down. The state will always make all decisions, even if we do not realize it. Neither will the citizens have a choice in their own minds, as the state has replaced them as people. Thus, we are stuck in a form of totalitarianism, which only differs from place to place and from time to time in the degree of apparent restriction. Some will claim that democracy counters this tendency towards totalitarianism, but if anything, liberal democracy only enables the total state. Without the apparent will of the people, the state cannot designate who the people are without breaking the casual nature of its totalitarianism. The citizens give up their own rights as humans and give the state the right to decide for them. The state needs some sort of mandate, as it needs the citizens to listen to its commands and the government agents to enforce these commands. This may be more or less explicit, but it is always present by necessity. Mass democracy demonstrates this better than any other system.

Ending Totalitarianism

The single greatest show of submission is to beg for the state to lengthen one’s leash, as no matter what happens, one will still be collared. The state will not be changed by begging, as the state is by necessity a totalitarian institution. The only meaningful exercises of power by the people are to subvert the state or overthrow it. The state is antithetical to morality, freedom, and humanity by design, and it cannot be designed otherwise. It is therefore necessary to create an alternative form of governance and defend it against the state. The precise nature of stateless organization will vary from place to place and must be decided by the organizers in each locality.

It is vital that we remove totalitarianism from society if we wish to ever achieve real human liberty. If one believes this, then the precise details become less relevant as it creates an entirely new paradigm of political theory. The alliances and conflicts of previous theories are subordinated to the point of irrelevance. This is not to say that we should support those who call themselves anarchists but simply want global socialism; rather, it is to say that regardless of whether people organize along socialistic, capitalistic, progressive, or reactionary lines, it will be of secondary importance because the highest priority for any living person today should be the elimination of the inherently totalitarian state. Personal preferences about the actions of others will only take precedence once we have freed ourselves from the state and created a society of distinct and free persons. If we do not do this, then we will necessarily choose totalitarianism.

Twelve Observations On The Catalonia Independence Vote

On September 6, the government in Catalonia announced that it was going to hold a vote on October 1 to decide whether the region should secede from Spain and become a nation-state unto itself in the form of a republic. It also announced that should the people choose independence, the government would declare secession within 48 hours. Spain’s constitutional court declared the vote unconstitutional, and the central government in Madrid said that it would attempt to stop the vote. Neither side backed down. The Spanish government seized ballots and tried to shut down polling places, resulting in violence that left over 840 people injured. The vote still took place, with nearly 90 percent voting for independence. In response, pro-secession protests occurred throughout Spain and a general strike was called across Catalonia. Spain and the European Union have rejected Catalonia’s requests for mediation, and King Felipe VI has denounced the secession movement. Twelve observations on these events follow.

1. One cannot understand the present without knowing the past. The formation of the current Spanish state can be dated to 1469, when the Christian kingdoms of Castile and Aragon were united by the marriage of Isabella I of Castile and Ferdinand II of Aragon. Under their leadership, the last Muslim rulers were expelled from Spain, Christopher Columbus was sent to the New World, and royal power was centralized at the expense of local nobility. Even so, Spain has always been a multi-ethnic state, composed of Basques, Catalans, Galicians, and others. In the 19th century, nationalist feelings among these groups grew. These aspirations took a back seat during the Cuban War of Independence, Phillipine Revolution, and Spanish-American War. Regions of Spain were granted greater autonomy in the Second Spanish Republic (1931-39), but this was brutally repressed during Francisco Franco’s dictatorship (1939-75), such that people were not even allowed to give their children Basque, Catalan, Galician names. After Franco’s death, Spain was turned into a semi-federal state with 17 autonomous communities, some of which have their own languages and cultures, as Catalonia does.

2. The Catalan independence movement cuts across ordinary political lines. Some people in Catalonia believe that independence would bring order to the region’s finances, or make taxes paid by Catalonians provide more benefit to Catalonians. Others are migrants who became involved with the Catalan movement and have no loyalty to the government in Madrid. Still others have particular political objectives that they believe to be easier to achieve on a smaller scale, such as an independent Catalonia rather than the entirety of Spain. In American terms, the parties which are in a temporary alliance to achieve independence run the gamut from the Constitution Party to the Green Party.

3. The harder one clenches one’s fist, the more sand slips through one’s fingers. For the Madrid government, responding with peaceful dismissal of the independence vote would have been more effective. Instead, they met peaceful efforts by Catalans with violence. In the words of a Spanish politician, “We have given them the pictures they want.” By forcefully opposing the self-determination of Catalans, the Spanish government is pushing swing voters toward the independence movement, as such actions raise the specter of Franco that is still remembered, particularly among older people. Furthermore, the creation of a new state is much easier if existing states recognize it, and images for foreign consumption of people trying to vote and being hit with truncheons and shot with rubber bullets for it will create pressure on other governments from their people to recognize Catalonian independence.

4. The voting results are questionable. The Catalan government rushed through the legislation for the referendum and passed it in a late-night session without the opposition being present. They vowed to secede even if turnout was low, and engaged in smear tactics against those who opposed independence. Turnout was only 42.3 percent, and the anti-independence side did not campaign because the government in Madrid declared the vote to be illegal.

5. This will provoke greater nationalist sentiment in the rest of Spain. Whenever separatist sentiment grows in one part of a nation, a unionist sentiment tends to grow elsewhere in reaction to it. In some cases, this occurs because the separatists threaten to remove an economically important area from the nation, such as a mine or a seaport. In others, such as the American Civil War, the separatists are engaged in activities that the unionists find morally reprehensible. Sometimes, a central government simply wishes to keep separatists subjugated so as to discourage other separatist movements elsewhere in the nation, such as in the Basque country. Whatever the case may be, nationalism in Madrid is likely to grow alongside secessionism in Catalonia. This will be bolstered by the fact that Catalonia is more leftist than the rest of Spain, as nationalism tends to be more common on the right.

6. Nationalism is not an ally of liberty; merely an enemy of some of liberty’s enemies. The nationalist sentiments of Catalans or anyone else in Spain will not lead to liberty in and of themselves. Only by coupling such sentiments with the principles of self-ownership, non-aggression, and respect for private property can a libertarian social order emerge. Nationalism is also hostile to any decentralizations of power below the national level. That being said, nationalism is certainly a lesser evil than globalism, and may serve as a temporary makeshift on the path to a better political arrangement.

7. The EU will be weakened regardless of the end result. If Catalonia becomes independent, it will be outside the EU, having to either apply to rejoin or have its move toward independence also serve as a Catexit, so to speak. Given Catalonia’s population of 7,522,596 and GDP of $255.204 billion, this would remove 1.47 percent of the population and 1.23 percent of the GDP from the EU. By contrast, Brexit will remove 12.83 percent of the population and 13.45 percent of the GDP from the EU. Even though Brexit is a much larger issue, the impact of a Catexit would still be noticeable. Catalonians are unlikely to want to exit the EU, but doing so may be unavoidable if they cannot gain admission once they are independent.

As per the previous point, it is also necessary to contemplate a Spexit, with or without Catalonia included. Growing nationalism in Spain as a reaction to growing separatism in Catalonia may lead to euroskepticism there. This, combined with longstanding economic issues in Spain such as high unemployment, may lead conservatives to contemplate the possibility of a brighter future outside of the European single market. A complete Spexit would remove 9.08 percent of the population and 5.94 percent of the GDP from the EU, while only Catalonia remaining in the EU would remove 7.61 percent of the population and 4.71 percent of the GDP from the EU. Though not as impactful as Brexit, a second member state leaving the EU could signal the beginning of the end.

Finally, regardless of whether any exits occur, the EU will almost certainly appear to be weak and ineffectual as a result of recent events. Calls for it to mediate the dispute have gone unanswered, and the EU seems intent on ignoring repression of a democratic vote. Given the EU commission’s threats of sanctions against Hungary and Poland for their anti-democratic policies, this seems rather hypocritical. One must also consider that the EU has no mechanism for dealing with such an issue. Article 3a of the Treaty of Lisbon calls for the EU to “respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order, and safeguarding national security,” so it is unlikely to help the separatists. Nor is it in the rational self-interest of anyone who wields power in the EU to intervene, as doing so would encourage separatists in other EU nation-states.

8. Secessionist movements are fueled by economic hardship and government mismanagement. The role of the Catalan people in Spain is both privileged and marginalized. Even though Catalans have maintained a distinct identity, they contribute more to Spain than they receive in return, especially in terms of institutional influence, which remains dominated by Madrid. Since the 2008 financial crisis, this has exacerbated tensions, and the continued economic problems in Spain lead some Catalonians to believe that they could do better for themselves with more local governance.

9. The state is legitimized only by force. The simple truth is that any other basis for legitimacy is subject to reason and defeated thereby. A deity fails because no such being is proven to exist. A constitution fails because any person or group can write one, leaving the state’s legitimacy constantly imperiled. An appeal to tradition fails because all traditions and states must begin somewhere, leaving them unable to be formed in the first place. A supranational body fails because it begs the question of how it gets its legitimacy. A social contract fails because a valid contract must be entered into willfully by all parties. Democracy fails because it is a logical impossibility, which could not even appear to function without the state already in place, thus resulting in circular reasoning.

Mao Zedong spoke truly on the nature of state legitimacy; “Political power grows out of the barrel of a gun.” A state continues to operate because it violently subjugates anyone who would attempt to end its operation, and it maintains territorial integrity by violently suppressing any efforts by its people to secede from the state. The only factor preventing individuals or sub-national groups from gaining sovereignty is the fact that they lack the force of arms and/or the willingness to use them for that purpose.

10. Self-determination must be taken and defended by force. Given the previous point, the path to true independence is clear. A separatist movement must first declare independence, but this will never be sufficient. The larger state will seek to retain any breakaway provinces by force, and if the separatists wish to form a new nation rather than be imprisoned or executed on charges of sedition or treason, they must respond with defensive force to the aggressions of the larger state. This has been the norm at least since the American Revolution, and the Catalonian situation is shaping up to be no different.

In a more general theoretical sense, self-determination must be taken and defended by force because the failure to do so will result in some group of aggressors infringing upon one’s self-determination. As Vegetius said, “He, therefore, who desires peace, should prepare for war.” Only by doing this can one present an effective deterrent against those who would return a free people to a state of bondage.

11. Repression by the Spanish government may provoke terrorism. Should the violence escalate, as appears likely, some Catalonians may end up following the Basque model. In the Basque Country, there is a moderate nationalist and separatist movement, much like the Catalonian independence movement. But there is also the ETA, a paramilitary group that has engaged in terrorist acts for decades. The group was founded in 1959 during Franco’s regime, but continued carrying out attacks for decades after the restoration of regional autonomy. Other examples of this throughout the world include the Irish Republican Army and the PKK in Kurdish regions of Iran, Iraq, Syria, and Turkey. Notably, the Kurds are also attempting to create a new state for themselves at the time of this writing.

12. The international community functions as a cartel. Catalonia and Iraqi Kurdistan are currently attempting to become independent nation-states, and both are being met with a mixture of indifference and contempt from existing nation-states. That such movements provoke hostility from the remainder of their current states is understandable and has been addressed above, as has the uneasiness of foreign governments to recognize the independence of separatist movements. But there is more at work here, which may be explained by considering the role of cartels in a marketplace and the effects that decentralization would have if taken to its logical conclusion.

The standard libertarian view is that cartels are inherently unstable, as the incentive of each member has a profit motive to betray the cartel. This incentive is frequently countered by state interference in the economy to protect a cartel from this effect. There is no more profitable venture in the current system than the management of a state, so this profit motive is amplified alongside the protectionist motive as an equal and opposite reaction. But libertarians tend to under-appreciate the role of aggressive violence in the marketplace, which is a service for sale like any other. This keeps them from fully understanding situations like these, in which established players seek not only to out-compete upstarts or hamstring them through regulatory capture, but to engage in direct violent suppression of competitors.

Finally, the rulers of nation-states must be aware at some level that the entry of new polities into the established order has the potential to remove that order from power. In the words of Murray Rothbard,

Once one concedes that a single world government is not necessary, then where does one logically stop at the permissibility of separate states? If Canada and the United States can be separate nations without being denounced as in a state of impermissible ‘anarchy,’ why may not the South secede from the United States? New York State from the Union? New York City from the state? Why may not Manhattan secede? Each neighbourhood? Each block? Each house? Each person? But, of course, if each person may secede from government, we have virtually arrived at the purely free society, where defense is supplied along with all other services by the free market and where the invasive State has ceased to exist.”[1]

Taken to its logical conclusion, political exit may be disintegrative, but stopping somewhat short of atomized individualism would both remove the Cathedral from power and create the opportunity to build a superior form of social order. The establishment has no interest in allowing this to happen and would rather nip it in the bud at the expense of looking oppressive and/or indifferent than risk losing their global hegemony.

Taken together, these explanations help one understand why the established nation-states, despite their contrary interests, can agree that no new members should be able to join their club.

References:

1. Rothbard, Murray (2009). Man, Economy, and State with Power and Market. Ludwig von Mises Institute, Scholar’s Edition, 2nd ed. p. 1051.

Lecture: Libertarianism and Reaction

On July 28-30, 2017, the second annual Corax Conference took place in Sliema, Malta. To my great surprise, I was invited and sponsored as a speaker. I decided to seize upon the opportunity to spread part of my message to a live audience, as well as leave the United States for the first time. While there, I gave an early version of the lecture linked below. That version, and all other materials from the conference, may be purchased here: https://cor.ax/coraxconf-remote

This is a lecture about libertarianism and its relationship to reactionary thought of several types.