Fake Libertarianism Revisited

A significant portion of my work consists of critiquing arguments, decisions, and statements made by other people. But sometimes, the lens of examination is best turned inward to correct one’s own missteps. Such is the case for an article I wrote three years ago about the nature of fake libertarianism. In retrospect, I failed to accurately present the structure of libertarian philosophy, and thus erroneously defined what it means to be a fake libertarian. Let us see what is wrong with my former case and make the necessary corrections.

Just as before, we must first have proper definitions for “libertarianism” and “fake” in order to consider the issue of fake libertarianism. Libertarianism is the philosophical position that the proper use of force is always defensive in nature. Initiating the use of force is never justifiable, while using force to defend against someone who initiates the use of force is always justifiable. A fake adherent of a position is either a person who claims to believe in that position while explicitly rejecting the premises of that position or their logical conclusions, or a person who misrepresents the premises of that position. Note that this does not compel action; a person is free to choose not to respond to initiated force with defensive force. Nor does this constrain one’s entire ideology to a single position; one may believe in additional premises beyond a certain position which are not in contradiction with that position without being a fake adherent, but to falsely represent such premises as being contained within that position does make one a fake adherent.

In my previous attempt, I argued that a fake libertarian is a person who claims to be a libertarian but does one or more of the following:

  1. Supports initiating the use of force for any reason;
  2. Rejects a logical conclusion of the non-aggression principle;
  3. Claims that another principle can trump the non-aggression principle;
  4. Claims that libertarianism contains something that it does not contain, or vice versa.

Points (1) and (4) are sound, but points (2) and (3) require some revision. The non-aggression principle is neither an axiom nor the basis of libertarian theory, as my previous attempt would suggest. The starting point for all of libertarian ethics is self-ownership; that each person has a right to exclusive control of one’s physical body and full responsibility for actions committed with said control. Note that in order to argue against self-ownership, one must exercise exclusive control of one’s physical body for the purpose of communication. This results in a performative contradiction because the content of the argument is at odds with the act of making the argument. By the laws of excluded middle and non-contradiction, self-ownership must be true because it must be either true or false, and any argument that self-ownership is false is false by contradiction.

Because each person has a right to exclusive control over one’s own body, it is wrong for one person to initiate interference with another person’s exclusive control over their body without that person’s consent. It is clear that self-ownership trumps the non-aggression principle on the grounds that the independent principle overrules the dependent principle. One may also reject a logical conclusion of the non-aggression principle if doing so is necessary in order to accept a logical conclusion of self-ownership.

The above would be true but trivial if there were no cases in which the non-aggression principle came into conflict with principles of higher rank, so let us consider three such cases.

Innocent Shields

Strict adherence to the non-aggression principle would suggest that innocent shields held captive by an aggressor are non-aggressors and that harming them is immoral. But if this is true, then anyone who is being more harmfully victimized by the aggressor is doomed. Additionally, considering an aggressor who hides behind innocent shields to be an illegitimate target would provide a means for an aggressor to escape punishment and restitution. Another means of dealing with such a situation is provided by Walter Block’s concept of negative homesteading. To quote Block,

“A grabs B to use as a shield; A forces B to stand in front of him, and compels him to walk wherever A wishes. A then hunts C in order to murder the latter by shooting him. C also has a gun. Is it legally permissible for C to shoot at A in self defense under libertarian law?

[…]

In ordinary homesteading, or what we must now call positive homesteading to distinguish it from this newly introduced variety, it is the first person upon the scene who mixes his labor with the land or natural resource who comes away with the property rights in question. It is the first man who farms a plot of land, who becomes the rightful owner. A similar procedure applies to negative homesteading, only here what gets to be ‘owned’ is a negative, not a positive. This concept refers to some sort of unhappiness, not a benefit such as owning land. The ownership of misery, as it were, must stay with its first victim, according to this principle. He cannot legitimately pass it onto anyone else without the latter’s permission.”

The homesteading principle is a direct corollary of self-ownership, just like the non-aggression principle. This gives them equal standing in libertarian philosophy, meaning that a conflict between the two must not give the non-aggression principle supremacy over the homesteading principle or vice versa.

To use the theory of negative homesteading, we must identify the first homesteader of the misery. In Block’s example, this is B. It is impermissible for B to transfer this misery to C. Thus, the theory of negative homesteading permits C to shoot A and risk hitting B even though a strict view of the non-aggression principle would not. None of this is to say that concern for the innocent shield should be disregarded; only that if an aggressor is too dangerous to ignore and it is impossible to subdue the aggressor without harming innocent shields, then the innocent shields are expendable in order to reduce the overall amount of aggression committed.

Reecean Proviso

The theoretical basis for private property rights in libertarian theory also starts with self-ownership. Because one is responsible for one’s actions, one gains an ownership claim over one’s improvements upon natural resources. It is impossible to own the improvements without owning the resources themselves, so property rights over external objects in a state of nature are established through mixing one’s labor with them. As property rights are established and maintained by exercising self-ownership, they are dependent upon self-ownership. As with non-aggression, self-ownership overrules private property in external objects because that which is dependent is subordinate to that upon which it is dependent.

Next, let us note that all sentient beings are equal in their self-ownership, in that all sentient beings have property in their own physical bodies through exclusive direct control over them. Although the nature of their bodies and minds will almost certainly result in different beings appropriating different quantities of external resources and in different beings having more or less capability to defend those resources from challengers in practice, the theoretical strength of a particular property right over an external object by one sentient being is equivalent to the strength of another particular property right over another external object by another sentient being. Applying this to the fact that self-ownership stands above private property in external objects, we get the result that the self-ownership of one sentient being stands above the private property rights in external objects of another sentient being.

A strict view of the non-aggression principle would not allow any appropriation of another person’s private property without their permission, but a case in which self-ownership is in conflict with private property could allow for this. Although this is subject to so many caveats in practice that the appropriate lifeboat scenario may never arise, the theoretical possibility for a situation in which a person is justified to appropriate a small amount of resources from someone else’s property in order to stay alive does exist.

Unrepentant Aggressors and Agency

Because libertarian theory is a logical construct, it is subject to logic in the form of rationality and consistency. For private property rights, the non-aggression principle, or indeed even self-ownership, to apply to a person who has violated another person’s rights of the same kind is inconsistent. As such, a thief has no standing to claim property rights, an aggressor has no standing to claim non-aggression, and a murderer has no standing to claim self-ownership until restitution is made for their crimes. In the latter case, restitution is impossible because a murder victim cannot be made whole. An unrepentant aggressor may be attacked in ways which would violate the non-aggression principle if done to a non-aggressor because the aggressor’s actions demonstrate a rejection of the non-aggression principle.

One might protest that a bystander lacks agency in a matter between an aggressor and a victim, but the concept of agency has been shaped in a world dominated by states. Thus, private citizens are discouraged (and sometimes prohibited) not to interfere in certain matters between other people because the state claims sole authority to resolve such matters. In a society organized in accordance with libertarian theory, there is no such monopoly on the creation and enforcement of laws, or on the final arbitration of disputes. The concept of agency in a libertarian social order would likely impose fewer limits on an individual’s conduct, thus leaving one free to use force against unrepentant aggressors even if not in an immediate self-defense situation. The possibility of becoming an outlaw subject to the every whim of anyone who cares to attack an unrepentant aggressor presents a strong deterrent against committing acts of aggression.

Strategic Thinking

A separate but related problem is that of libertarian purists denying the context of a situation and refusing to consider less than perfect alternatives. There are situations in which an option which adheres to libertarian principles is not politically viable and libertarians are not willing to do what would be necessary to make such an option viable. In such cases, there will be several options and all of them will involve acts of aggression. Navigating these situations requires us to figure out either which option is most likely to result in the least amount of aggression or which option is most likely to move society closer to a libertarian social order. Advocating for one such option over the others, or ranking them from best to worst, does not constitute an endorsement of aggression because one is not choosing an aggressive option as an ideal or because one wants to, but as a least evil and because there is no good option.

Parts Unchanged

The definition of what constitutes a fake libertarian was in need of correction, but the when, where, and why remain as they were. Fake libertarianism is still a widespread and growing problem. As before, the reasons for being a fake libertarian are to gain recognition in a smaller field of competitors instead of trying to compete directly with more powerful establishment commentators, to destroy the libertarian movement from within by being an entryist, and to gain capital through false representation of something valuable.

Taking a slightly softer tone with some of those identified instead of calling them fakes and running them off may be sound strategical advice in some cases, especially with respect to the anarchist-minarchist debate. But any movement that wishes to take political power for any purpose, including the destruction of said power, must beware of holiness spirals. Libertarian groups have a twofold problem in this regard; that of strictest adherence to libertarian principles and that of leftist infiltration. Those who reduce their circle of allies to only the most ardent libertarians will lack the numbers to accomplish anything. Meanwhile, leftists who infiltrate libertarian circles and fill them with progressive nonsense can manage to run off real libertarians, which helps to explain the growth of the alt-right movement. Both of these problems are dangerous to the goal of liberty and must be countered whenever they present themselves.

Conclusion

There is no better way to conclude than by restating the closing paragraph from the original piece:

“Just as counterfeiters do not make copies of worthless banknotes and forgers do not falsify meaningless signatures, political charlatans do not pretend to hold a position if doing so has no potential benefit. Thus, true libertarians should take heart. The very fact that there are fake libertarians means that true libertarianism is worth something, and that defending it against those who would falsely assume it and attempt to destroy it is worth doing.”

A Comprehensive Strategy Against Antifa

In recent months, the violent far-left group known as Antifa has grown from an occasional 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. Their tactics have escalated from peaceful counter-demonstrations to violent attacks upon people and property. The latest incidents at the presidential inauguration, University of California-Berkeley, and New York University clearly show that this trend cannot be allowed to continue.

As such, it is necessary to create a comprehensive strategy to defeat this group. This plan contains eighteen measures, some of which can be used by ordinary citizens, some of which involve the state, and some of which can be used by either. If these suggestions are implemented, then the Antifa threat should be dealt with and eliminated in short order. Without further ado, let us begin.

1. Stop giving in to their demands. When a behavior is rewarded, those who engage in that behavior will do so more frequently, and other people will emulate that behavior in search of their own reward. This means that public universities and other speaking venues which kowtow to pressure from Antifa must stop doing so. If Antifa’s behavior no longer results in platform denial to their political rivals, then they will have less incentive to engage in it. This measure can be aided by making the funding of taxpayer-supported institutions contingent on defying efforts to silence speech in such venues.

2. Fight fire with fire. When a behavior is punished, those who engage in that behavior will do so less frequently, and other people will avoid emulating that behavior for fear of being punished themselves. The reason that Antifa members continue to assault people and destroy property is because they can; they face far too little defensive violence in response to their aggression. This must change. The most effective way to make a bully stop is to bloody his nose. Note that many of their fold are physically small and weak with little or no combat experience. This will make the impact of finally meeting physical resistance all the more effective.

It would be best for right-wing citizens to take to the streets in order to violently suppress and physically remove Antifa themselves, but leaving this to police officers or National Guard troops is better than nothing. It may be necessary to let the state handle this in places where it has legally disarmed good people, but taking an active role wherever one can will defeat Antifa more quickly and help to restore the vital role of the militia in society.

3. Stop discouraging defensive violence. The maintenance of liberty requires the ability to bring overwhelming defensive violence to bear against aggressors. It is time for conservatives, reactionaries, and libertarians to stop denouncing people who state this obvious fact. That such self-defeating behavior has been happening in right-wing circles for years is one reason why Antifa has gotten away with so much of what they have done thus far.

4. Hire private security. This is already being done by some of Antifa’s targets, but it needs to be done by all. Again, many members of Antifa lack the size and strength to engage their opponents in honorable combat. Thus, having private security present to watch for sucker punching cowards and other such vermin can blunt much of Antifa’s ability to project power.

5. Go after members of Antifa by talking to their employers. This is a favorite tactic of Antifa in particular and social justice warriors in general. They will accuse a person of racism, sexism, or some other form of bigotry, often with no regard for merit, then contact their employers to get them in trouble. Their intention is to shame employers into firing their political rivals, or to disrupt businesses that refuse to bow to their pressure. Because they routinely do this to people, they have no right to complain when it is done to them. Turnabout is fair play, and it is time to strike.

6. Hack their websites and other online presences. This is already being done, but more is needed. Their online presence is an important method by which they recruit, organize, and secure funding. This must be shut down to arrest their growth and hinder their operations. Again, turnabout is fair play; Antifa sympathizers regularly try to hack right-wing websites and silence right-wing speech.

7. Infiltrate Antifa to gather intelligence and spread misinformation within. This is standard procedure for government agencies in taking down a criminal organization. The extent to which such operations are underway, if at all, are not publicly known. This needs to be done so that Antifa’s efforts can be blunted and its key personalities arrested. Although this tactic could be used to perpetrate false flag operations in their name, it is best not to do so, as this could backfire. The truth about Antifa is bad enough; there is no need to make up lies about them.

8. Call them what they are: rioters and terrorists, not protesters. The establishment media frequently refers to Antifa as protesters, regardless of their conduct. As Confucius said, “The beginning of wisdom is to call things by their proper names.” We must hold the lying press to account and correct the record whenever and wherever possible. Antifa are not mere protesters; they are rioters and terrorists.

9. Remove and/or punish police commanders who give stand-down orders against Antifa. For the state to monopolize law and order within its territory is a travesty. For it to monopolize these services and then refuse to provide them is far worse. Anyone who is in command of police officers who are supposed to defend the public against Antifa’s crimes and tells those officers to stand down is not only in dereliction of duty, but is actively aiding the enemy. These administrators must be removed, and ideally, subjected to criminal charges as well.

10. Declare Antifa a domestic terrorist organization. The simplest definition of terrorism that covers all instances of it is that it is the use of violence, threats, fear, and intimidation against innocent people for the purpose of achieving political or social goals. Antifa operates by these methods, has various local chapters throughout the United States, and is organized, so the label of domestic terrorist organization clearly fits. This would allow for federal funding to be allocated specifically for combating Antifa, as well as the involvement of the Department of Homeland Security, the Joint Terrorism Task Force, and other such agencies.

At this point, libertarians may protest that the United States government also meets the above definition of a terrorist organization, and they are not wrong about that. But they would be well-advised to check their autism and deal with the context of the situation. One can take the view that the state must be eliminated in the long-term while using it for our own purposes now. Setting one enemy of liberty against another is a wise strategy, and as bad as the United States government can be, allowing Antifa to grow and gain political power would be far worse.

11. Ban black bloc tactics. It is already illegal in many places to wear masks in public, but this should be specifically banned everywhere within the context of riots and other violent demonstrations. It is important to be able to identify Antifa activists for the purpose of punishing them properly, and laws against the public wearing of masks can be used to arrest Antifa members who are not violating any other statutes at the time. Perhaps they cannot be held for long or convicted of anything, but it will disrupt their activities.

12. Charge rioters with felonies. This has already happened to many rioters from the presidential inauguration, but felony rioting charges against Antifa and similar groups need to become more widespread. Lengthy prison terms and hefty fines will discourage people from involvement with Antifa while sidelining current activists and confiscating funds which would otherwise be used by Antifa. Ideally, such fines would be payable into a fund that would reimburse private property owners for damages caused by Antifa members.

13. Charge anyone who aids Antifa in any way. With Antifa declared a domestic terrorist organization, giving them aid, funding, and/or training would constitute the criminal offense of providing material support to terrorists. Such charges need not be limited to US residents; for example, George Soros is known to have provided funding to Antifa and other violent groups through his Tides Foundation. Extradition of foreign nationals to the United States to face charges would be a necessary part of this measure.

14. Freeze their funds. With Antifa declared a domestic terrorist organization, freezing Antifa-related bank accounts to shut down their financial resources should be a simple matter. This will not halt local activities, but it will hinder their ability to move professional rioters across the nation and conduct other operations which go beyond the local grassroots.

15. Send illegal aliens involved with Antifa to Guantanamo Bay. This measure is probably not necessary, but it would send a clear message that Antifa will not be allowed to continue its behavior. It could also bring out Antifa sympathizers who are on the fence about whether to actively participate by enraging and triggering them sufficiently to bring them out. Conversely, it could serve as an extreme measure which is used in the short-term in the hope of having to use fewer measures in the long-term. The legal rationale for this measure is that a foreign national who is in the United States and involved in terrorism may be treated as an unlawful combatant.

16. Eliminate gun-free zones. The vast majority of Antifa activity has occurred in gun-free zones or places in which carrying rights are restricted to some degree. By eliminating gun-free zones, the state can ensure that more citizens are capable of defending themselves from aggressors like Antifa. This will also lessen the burden on government security forces.

17. Privatize public property. An underlying problem of which the surge in left-wing political violence is a symptom is the existence of state-occupied property. No one truly owns such property because no person exercises exclusive control over it. This leaves it open not only to use by groups of people who are at cross purposes with each other, but to an occupation by one group for the purpose of denying access to another group. If all property were privately owned, then it would be clear that whenever Antifa attempt to shut down a venue by occupying the premises, they are trespassing. This would make physically removing them a less ambiguous matter.

18. Above all, stop trying to be better than the enemy and focus on defeating the enemy. There is no need to alter strategy, virtue signal, or make any other effort to be better than Antifa. That they are violent criminals and we seek to defend against them means that we already are better than them. Let us do what is necessary to defeat Antifa, as detailed in the previous seventeen measures, and leave worries about improving ourselves until after this is done. Remember, this is a war, and in war, nothing is more honorable than victory.

25 More Statist Propaganda Phrases

In the discourse of statists, there is a group of phrases of which one or more tend to be present in nearly every argument. The previous listing of twenty-five such phrases was a major hit, so here are twenty-five more of the most common phrases that statists use in their arguments. As propaganda has a tendency to be repetitive, some of these phrases contain the same logical fallacies, and will therefore have similar refutations. As such, the phrases are ordered so that earlier rebuttals also apply to some later phrases.

  1. Give back to the community”

This phrase is used by people who want business owners to support local charities or help the needy directly. There is nothing wrong with this sentiment. In fact, it is more likely to be efficient and effective than a government welfare program, and it is certainly morally superior. Private charity operations must compete for donations, which incentivizes them to be more efficient and effective in their efforts. They also have a better sense of who can be helped out of poverty versus who will only exist parasitically upon the good will of others. But the phrase ‘giving back to the community’ is misguided and dangerous.

That one is giving back something to people implies that one has taken away something from those people. This can lead to a perception of legitimate business owners as thieves who do not rightfully own what they have, when the truth is quite the opposite. To the extent that businesses in a free market thrive, they do so by voluntary trade. They give customers what they want at prices they deem reasonable. The customer wants the business owner’s products more than he wants his money, while the business owner wants the customer’s money more than he wants his products. They trade assets and both are improved from their subjective points of view. As such, a business is always giving to the community, and its profits are evidence of the value that its customers have received from the business.

If the charitable nature of business ended there, it would be good enough, but there is more. A successful business will be able to employ people. This allows people to accept a constant rate of payment for work done without having to take on the capital risks of starting and running a business oneself. Additionally, this gives the poor and the mentally deficient, who cannot start their own businesses, a path to prosperity and a sense of dignity.

The idea that such benevolent activity to improve one’s community is somehow exploitative of that community is nothing short of communist propaganda and should be rejected as such. Businesses that donate to charities are not ‘giving back to the community’; they are giving the community even more.

  1. Pay your fair share”

Phrases 2-7 are used by progressives who want to intervene in the market economy and make the wealthy pay more taxes. This is wrong on two counts. First, taxation would be considered robbery, slavery, trespassing, communicating threats, receipt of stolen money, transport of stolen money, extortion, racketeering, and conspiracy if anyone other than government agents behaved identically. An objective moral theory must be consistent, so it can be no respecter of badges, costumes, or affiliations. What is immoral for you and I to do must also be immoral for government revenuers to do. Second, the rich already pay the vast majority of the tax revenue collected, while many poor people pay nothing. If “pay your fair share” is to be logically consistent, then all of the poor should be taxed at least to some extent.

  1. Income inequality”

The income inequality generated by a free market is a feature, not a bug. People have different degrees of expertise, intelligence, and motivation, which results in different ability to earn income. This results in the people with the most resources being the people who are best at acquiring, defending, and properly investing those resources. This ultimately benefits everyone because it allows innovations to move past the initial stage, at which only the rich can afford them, and become inexpensive enough for mass adoption. To the extent that income inequality is a problem, it is due to state interference in the form of currency debasement and regulatory capture.

  1. Society’s lottery winners”

This is an open insult to the hard work that business owners have put into their firms to make them successful. A lottery winner invests money in a manner which one may expect to be wasteful and happens to get unearned wealth. A business owner invests both money and labor in a manner which one may expect to be productive, and some earn wealth.

  1. You didn’t build that”

The idea behind this phrase is that someone else built the infrastructure upon which a business relies in order to interact with its customers and make profits. But those who use this phrase make an unjustifiable logical leap from there to assert that a business owner should pay taxes to the state in return for that infrastructure. The problem is that the state monopolizes the infrastructure and forces people to pay for it, in many cases without regard for how much they use it, if at all. People should pay for what they use, but it is immoral to force people to pay for what they are forced to use. In a free society, the infrastructure would be privately owned and voluntarily funded. Those who say that the state must provide infrastructure, and in turn that people must pay taxes for it, have an unfulfilled burden of proof that they frequently shift, committing a logical fallacy.

  1. Gender pay gap”

Those who obsess over this issue point to an overall disparity in pay between men and women and conclude that some kind of unjustifiable gender discrimination must be occurring. But to some extent, a gender pay gap results from the natural differences between the genders. Intelligence testing shows that while the average intelligence level is almost the same for both genders, the standard deviation is much higher for males. This means that geniuses and dunces are both disproportionately male, which females are more likely to be of average intelligence. This makes sense from an historical perspective; in traditional societies, some men were planners and inventors, other men were manual laborers, and women were the support staff for both groups. (There were occasional deviations from this, but they were the exception and not the rule. The NAXALT objection is a sign of political autism and should be denounced as such.) As the highest-paying jobs tend to require great intelligence, and people with great intelligence tend to be male, it follows that a gender pay gap would result. Males tend to have more strength and toughness than females, and the nature of human procreation makes males more disposable. This grants males an advantage in taking high-risk jobs which have hazard pay bonuses, resulting in a gender pay gap. Behavioral differences between the genders, which are also partly genetic in origin, produce a difference in the ability to negotiate for higher salaries.

Another problem with the progressive narrative on gender and pay is that they look only at the aggregate and do not compare like cases. When two workers in the same profession who are equal in every measurable way except for their genders are compared, such disparities do not appear. In some cases, women even earn a few percent more than men when this is taken into account. Part of the reason for the aggregate pay gap is that women choose to work in different fields from men, and these fields do not pay as much.

Although baseless misogyny (and misandry) do occur, its elimination would only reduce the gender pay gap; it would not result in equal pay.

  1. Social justice”

The idea of social justice is that the state should ensure fair distribution of wealth and social privileges, equal opportunity, and equality of outcome. The implication is always that the current conditions are socially unjust. This idea has several major problems. Who defines what is fair, and why should they be allowed to define it? If opportunities and outcomes should be equal, who must make them equal? If an injustice is present, who is the subject of the injustice?

Fairness is a subjective concern, and should therefore be determined by those who are closest to an interaction, i.e. those who are directly involved or affected. As long as all parties to a interaction participate voluntarily and no external party is aggressed against, all involved may deem the interaction fair and the matter of its fairness should be considered resolved. But in social justice rhetoric, the idea of fairness is an excuse to stick one’s nose in where it does not belong and interfere in matters which are none of one’s business. Because doing this successfully involves initiating the use of force against peaceful people and all wealth and privilege can be traced back to a series of interactions, social justice perverts the idea of fairness into something intrusive and unfair.

Equal opportunity and equal outcome are advocated by right-wing and left-wing ideologues, respectively, but both of these are erroneous. Neither can exist without not only a redistribution of wealth, but a leveling of cultural norms and a medical erasure of genetic differences between people, for all of these give some people advantages over others. The resulting inequality of opportunity will necessarily cause an inequality of outcome. All of these measures require initiating the use of force against people who do not wish to be made equal in these senses. Thus, social justice twists the idea of equality into something which must be imposed by unequal means, as the state and its agents are legally allowed to do that which is disallowed for other people and organizations to do.

Ultimately, social justice is not a form of justice at all because there is no subject by which an injustice can be committed. Proponents of social justice will say that a collective is the victim, but this is impossible because collectives do not exist. To exist is to have a concrete, particular form in physical reality. To say that collectives exist is beg the question of what physical form they take, as all available physical forms are occupied by the individuals which are said to comprise the collective. Thus there is no collective existence apart from the existence of each individual said to comprise the collective. Those who advocate social justice cannot point to an individual victim of social injustice, but they seek to create a multitude of victims of real injustice.

  1. Level playing field”

This phrase is used by regulatory busybodies who see an innovation and decide to stand athwart history yelling “Stop!” In any sort of activity, some people will always have an advantage over others, whether it is a first mover advantage, a better idea, better marketing, greater intelligence, etc. The truth is that there can be no such thing as a level playing field, and that which cannot be done should not be attempted.

  1. Our Constitution”

Phrases 9-14 are used to foster a sense of collective identity. The idea that a constitution is “ours” assumes that a collective exists and has ownership of the constitution. As explained earlier, collectives do not exist apart from the existence of each individual said to comprise the collective. Additionally, to own something is to have a right of exclusive control over it. Part and parcel of this right is the right to physically destroy that which one owns. As governments would use force to stop anyone from attempting to destroy the constitution either literally or figuratively, the citizens are not the de facto owners of a constitution.

  1. Our shared values”

Although any recognizable social group will come together to further a certain set of shared values, this phrase is frequently abused by statist propagandists to create a sense of nationalism. In modern nation-states, there tend to be few (if any) shared values across the entire population. To the contrary, it is usually the case that large subcultures within the nation hold values which are diametrically opposed to each other, as well as to the values which are espoused by the ruling classes. To make matters worse, whatever constitution or other founding documents may be in use are frequently cited by all sides in the cultural conflict as a means to justify their own views and attack their opponents.

  1. Our fellow (insert national identity)”

Much like the previous phrase, this is used to lump together people who may or may not fit together by constructing a common identity around them which may or may not have any basis in reality. The implication is that even if people within a nation have disagreements, they are still part of the same collective. This is not necessarily the case because disagreements between subcultures within a nation can grow to a point at which they are no longer able to peacefully share a system of governance. This necessitates a peaceful parting of ways, and the unwillingness of political leaders to allow this to happen results in political violence and civil wars.

  1. That is un-(insert national identity)”

As sociologists are so fond of telling us, an in-group will attempt to clarify its boundaries by othering some people, i.e. defining them as part of the out-group. This is done for purposes of ideological purity as much as for any other reason. Politicians and pundits use this phrase in an attempt to define certain ideas as being out of bounds of the allowable range of opinions. But just as a nation has no existence apart from the individuals comprising the nation, a nation has no ideals apart from the ideals of the individuals comprising the nation. Thus, to tell a person of national identity X that they hold un-X ideas is a contradiction of terms.

  1. National interest”

There is no such thing as a national interest apart from each individual person’s interests because there is no such thing as a nation apart from each individual person. Because a nation will invariably contain individuals whose interests contradict each other, the idea of a national interest is false by contradiction unless everyone in a nation can agree upon a certain set of core interests.

  1. Shared sacrifice”

When government and central bankers interfere with the economy and cause a recession, both typically intervene with fiscal and monetary stimulus programs. As Keynesians, they do not understand that they are only sowing the seeds for another boom and bust cycle. When this happens, politicians and their minions will call for “shared sacrifice.” This phrase really means that they wish to pass off the costs for the mistakes of the ruling classes and the politically-connected wealthy onto the entire population rather than let natural selection eliminate the incompetent from the ranks of politicians, central bankers, and speculators. Of course, the people never get a proper return on their forced investment; rather, it is heads they win, tails you lose.

  1. Rights come from the government”

This phrase is used by progressives who wish to justify their view of the role of government, but it is contradictory. If rights are given by the state, then they can also be taken away by the state. But a right is not something which can be taken away by someone else; it can only be forfeited by the right-holder by violating the equivalent right of another person. This contradiction necessitates a different source for rights, such as argumentation ethics.

With the theoretical argument refuted, let us turn to practical concerns. Progressives claim that government is necessary as a defender of our rights, for the most brutish person or gang may rule and violate our rights otherwise. But a government is a group of people who exercise a monopoly on initiatory force within a geographical area. A government is funded through taxation, which violates private property rights. Its laws are enforced by the threat of arrest, fines, imprisonment, and possibly execution, which violates liberty, property, and possibly life rights. A rights-protecting rights-violator is a contradiction of terms, and the state is just such a brutish person or gang that the progressives say we need safeguards against. Note that although they have a burden to prove that this territorial monopoly is required in order to protect rights, they never do so. At best, they will ask for counterexamples, but this reliance upon historical determinism only shows their lack of courage and imagination to think beyond what has been to see what can be.

  1. We get the government we deserve”

This phrase commonly appears in the media immediately following an election, particularly after a result which entrenches the current system and fails to produce the changes which are invariably promised (which is to say, nearly always). The way that this phrase is used by the media is an example of victim blaming, as the people are going to continue to be violently victimized by agents of the state and the media is saying they deserve to be.

However, one could also interpret this as a call for revolution; in the words of Frederick Douglass, “The limits of tyrants are prescribed by the endurance of those whom they oppress.” There is a case to be made that if people are unwilling to abolish the state by force even though they could, then they deserve to suffer the consequences of their inaction.

  1. Pay your debt to society”

This phrase is used by commentators on criminal justice issues as a euphemism for serving time in prison. The problem with this phrase is that society cannot be a victim because it does not really exist; each individual person exists. A crime must have a definite victim; an individual and/or their property must have been aggressed against. Any debt incurred by a criminal should be payable to that victim, not to all people living within a geographical area.

  1. Rule of law”

This phrase is used by people who try to justify the state by fear-mongering about what could happen without it. But the truth is that rule of law is fundamentally incompatible with a state apparatus. 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. The law does not rule them. Therefore, the only possibility for rule of law is to have no state.

  1. Law-abiding citizen”

This phrase is frequently uttered by the common person as a sort of virtue signal that one is a good person. But whether abiding the law makes one a good person is dependent upon the nature of the law. In a statist society, the law is a collection of opinions written down by sociopaths who have managed to either win popularity contests or murder their competitors and enforced at gunpoint by thugs in costumes. When most people commit several felonies every day because the laws criminalize a vast array of activities which do not threaten or victimize anyone and purport to legitimize the victimization of the citizen at the hands of the state, a law abiding citizen is not a goal to which people should aspire.

  1. Common sense regulations”

This phrase is used by people who wish to restrict economic and/or personal freedoms on the grounds of some public good. But their proposed regulations often defy common sense, not that common sense provides an accurate understanding of reality. The purpose of this phrase is to demonize opponents of a proposal as lacking good sense without having to make a logical case for the proposal.

  1. Corporate citizen”

This phrase is used by people who wish to hold businesses accountable to various laws and regulations. It has its roots in the idea of corporate personhood, the idea that a corporation has rights and responsibilities similar to those of a person. This is wrong because a corporation is a legal fiction created by the state to shield business executives from liability. It is not an extant being with moral agency, as a real citizen is. If the object is to hold people fully accountable for their actions, then corporations must be abolished and full liability for one’s crimes must be restored.

  1. Don’t waste your vote”

This phrase is used by supporters of major-party candidates who wish to suppress votes for minor parties. However, the definition of a wasted vote is a vote which does not help elect a candidate. In an indirect election, such as the United States presidential election, only electoral votes matter. Therefore, all popular votes in such a contest are wasted unless there is a law which prevents faithless electors. In elections in which popular votes directly determine the outcome, all votes for losing candidates are wasted, as well as all votes for winning candidates which went above the amount necessary to win. Thus, the percentage of wasted votes in a race may be given as

W = 100% − (Second highest vote percentage)% − 1 vote,

which will be at least 50 percent unless only two candidates receive votes and the winner wins by only one vote.

  1. This is the most important election of our lifetime”

This phrase is used by the establishment media in the hopes of increasing voter turnout. It is a combination of pleading, manipulation, and crying wolf that is completely nonsensical. It assumes that elections matter, requires impossible knowledge, and contradicts physics.

For the ruling class in a democratic state, elections are just tools of social control that provide the populace with meaningless participation in a process in order to convince them that criminal conduct performed under color of law is legitimate because “they voted for it.”

In order for the upcoming election to be the most important of our lifetime, it must be more important than every future election in which current voters will vote. But the future is unknown and unknowable until we arrive at it.

It is known that altering a system at an earlier time gives it more time to develop differently, resulting in greater changes. As such, at least in terms of how different a counter-factual world in which a different candidate took office might be, the most important election of any person’s lifetime should be their first one.

  1. Freedom isn’t free”

This phrase is used by supporters of government militaries and their military-industrial complexes to stir up emotional support for soldiers, defense spending, and the occasional foreign invasion. But the fact that freedom must be defended at a cost does not mean that a government monopoly military is necessary or proper for that task. There is a logical gulf between the two that most people cannot even see because governments have monopolized military defense for millennia, but it is there. To simply jump across it without attempting to explain why a private, voluntarily funded, non-monopolized form of military defense would be insufficient is philosophically invalid.

  1. We need to have an honest conversation”

This phrase is used by politicians and their propagandists when dealing with controversial political issues which tend to go unaddressed for long periods of time due to their third rail nature. But politicians have a tendency to either do nothing about such issues or to uniformly disregard the will of the people. The real purpose of this phrase is to set a trap for both the mainstream opposition and political dissidents. Either can be tricked into believing it acceptable to venture opinions which are outside of the Overton window, for which the establishment can then attack them as unreasonable extremists. In some cases, it is a way for authoritarian regimes to find out who to violently suppress. As such, it is best to rebuke those who make such a claim.

The Not-So-Current Year: 2016 In Review

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On Market Failure

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

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

Monopolies

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

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

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

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

Public Goods

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

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

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

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

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

Externalities

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

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

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

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

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

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

Other Culprits

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

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

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

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

Resource Failure

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

Complainer Failure

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

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

Standards

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

Conclusion

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

Why JASTA Is Good

On September 28, Congress voted to override President Obama’s veto of a bill that allows relatives of the victims of the 9/11 terrorist attacks to sue Saudi Arabia for any role in the plot. The Senate defeated the veto by a 97-1 vote, then the House voted 348-77 to override the veto hours later. Therefore, the Justice Against Sponsors of Terrorism Act, or JASTA, is now a law. The bill passed both houses of Congress without objection earlier in 2016.

It was the first veto override of Obama’s presidency, and the first since 2008. Under Article I, Section 7, Clauses 2-3 of the United States Constitution, Congress may override a presidential veto by a two-thirds majority vote in both the House and the Senate.

Although no member of Congress spoke out against JASTA during the override procedure, Obama has argued that the law sets a dangerous precedent. It grants an exception to the legal principle of sovereign immunity, which could be a double-edged sword if other countries pass reciprocating legislation. This could expose American corporations, diplomats, politicians, and soldiers to lawsuits for their conduct overseas. This caused CIA Director John Brennan to warn that JASTA had “grave implications” for national security. Additionally, 28 senators signed a letter expressing reservations about the potential that JASTA will cause the United States to be sued in foreign courts “as a result of important military or intelligence activities.”

Why JASTA is Good

While the national security statists are scared of what Pandora’s box might have just been opened, this is excellent news for libertarians. This is because it chips away at the anti-libertarian idea of sovereign immunity, could give victims of American foreign policy a peaceful means of addressing their grievances, and could reveal clandestine activities to the American people about which they have a need to know.

Sovereign immunity is the legal doctrine by which the state can do no wrong and is immune from civil suit or criminal prosecution. It is the ultimate manifestation of the fact that government will not hold government accountable because it is against the rational self-interest of those who wield state power. With the ability to grant immunity to themselves, government agents can engage with impunity in activities which are criminalized for the commoner, and they do so on an enormous scale. A double standard of this sort could never be tolerated in a libertarian social order. In a free society, the standard would have to be that actions which are criminal for one person are criminal for another. Wearing a costume and claiming affiliation with a government would be meaningless. For example, just as taxation is robbery, slavery, receiving stolen monies, transporting stolen monies, and conspiracy if private citizens behave identically to government tax collectors, so would a libertarian private court prosecute tax collectors. JASTA and potential reciprocating legislation does not go nearly far enough in this sense, but it is a potential first step toward more justice for the crimes of government personnel.

Speaking of crimes of government personnel, the American military and the civilians who preside over it have committed a great number of them. Since the end of World War II, American foreign policy has caused between 20 million and 30 million deaths. Economic sanctions have contributed to this death toll, while impoverishing many people who have survived and generally failing to achieve their stated objectives. These multitudes of victims deserve justice. With sovereign immunity in place, there is no forum in which they may seek judicial relief. Making peaceful dispute resolution impossible makes violent dispute resolution inevitable, so some people wronged by the United States government decide to seek vengeance in the form of joining terrorist groups to attack innocent Americans in retaliation for their losses. While such acts cannot be morally defended, they are certainly understandable. Reciprocation to JASTA provides a pathway to a more peaceful system of addressing grievances caused by American foreign policy. Even the possibility that Americans may be sued for their wrongful deeds overseas would create a chilling effect against bellicosity that libertarians should welcome.

As such cases begin, the discovery process of these lawsuits could make public certain activities being done in the name of all Americans which are currently unknown to the American people. While the civil religion of democratic statism should not be taken at face value, most people do, so it makes sense in context to have an informed electorate. The people cannot judge various military and intelligence operations if they never find out about them. With JASTA and reciprocating legislation, the newly possible lawsuits filed by foreigners victimized by Americans could serve to educate the American people on the nature of what is being done in their names. Even libertarians who oppose democracy should favor this result, as one cannot protest wrongs of which one remains ignorant.

Objections

JASTA could result in lawsuits for vicarious liability against civilian contractors who provide armaments and other equipment to people who are directly involved in foreign atrocities. This is a feature, not a bug. Knowingly providing a violent criminal institution with the means to victimize the innocent should be treated not only as a civil wrong, but as criminal behavior. Lawsuits against such parties could result in a chilling effect against providing the state with the means to perform its pernicious deeds, which would benefit the American people by weakening the state and resulting in less motivation for retaliatory terrorism against innocent Americans.

Because there is a condition of anarchy between sovereigns, there is no higher court whose judgments are binding and enforced across national boundaries. This means that citizens can sue foreign nation-states as they see fit, but winning a judgment offers no guarantee of payment because the foreign nation-state can simply ignore the court’s decision. This is true, but it does not diminish the indirect consequences of JASTA, which are the real reasons to support it.

Should such cases not be summarily dismissed, there is the potential for many thousands of cases to bog down the court system. But this can create a demand to privatize courts, or at least give more business to private arbitrators of disputes. Should the cases remain in government courts, it will take up time and resources which could otherwise be used to cause more harm to innocent Americans.

Finally, there is the concern that allowing such lawsuits will damage foreign relations after such judgments are ignored. This is also a feature rather than a bug, as the possibility of damage to foreign relations for denying claims for wrongdoing in foreign policy provides an incentive for governments to avoid committing so many atrocities overseas. A world in which citizens may sue foreign governments for damages is thus likely to be a more peaceful world.

Conclusion

Although one would be correct to be skeptical of any legislation that passes by such a wide margin, the likely secondary results of JASTA are intriguing and the fears of it are overblown. From a philosophical libertarian perspective, JASTA is clearly a net benefit.

The Ethics Of Political Assassinations

At a campaign rally on August 9, Republican presidential nominee Donald Trump was discussing the possibility of Hillary Clinton appointing justices to the Supreme Court who could weaken gun rights, as well as what might be done about it. He said,

“Hillary wants to abolish — essentially abolish the Second Amendment. By the way, if she gets to pick, if she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people, maybe there is, I don’t know. But I tell you what, that will be a horrible day, if Hillary gets to put her judges in, right now we’re tied.”

Predictably, every element of the establishment went apoplectic. Though the Trump campaign tried to clarify that he was speaking of energizing voters to stop Clinton at the polls, the Secret Service spoke with the Trump campaign, Clinton used the remarks for political hay, other Republicans denounced the remarks, and the lapdog media devoted entire blocks of programming to attacking Trump, accusing him of calling for Clinton’s assassination. How dare anyone speak of self-defense against a tyrannical government, they effectively said? How dare anyone inform the populace, even accidentally, of the true purpose of the Second Amendment? How dare anyone to the right of Leon Trotsky even think of political violence? On and on they went, decrying such a move as yet another sign of Trump being too dangerous a choice for the Presidency.

But should Trump be backpedaling? Was he really wrong to make such a suggestion, or is there a case to be made for political assassination? Let us examine both the moral and practical cases for political assassinations at an abstract and philosophical level, that we may apply them not to one politician, but to all.

The Moral Case

The word ‘assassinate’ is defined as “to kill (someone, such as a famous or important person) usually for political reasons.” Thus, it is just a fancy term for killing a particular kind of person for a particular reason. But a person’s fame or importance in the opinion of other people is of no concern with regard to objective moral standards. As such, we need only consider when it is justifiable to kill any person, regardless of their standing or affiliation. Fortunately, libertarian philosophy makes this simple. The non-aggression principle says that initiating the use of force is never acceptable, but using force defensively to stop an initiator of force is always acceptable. The question of how much defensive force may be used is also easy to answer. If a defender may not use any amount of force necessary to subdue an aggressor, then all an aggressor need do to get away with aggressive behavior is to use force in such a way that the defender cannot use enough force to subdue the aggressor. To believe in limitations on defensive force is to believe that might makes right, which is the antithesis of both philosophy and morality. Thus, unlimited force is justified in order to defend against an aggressor.

The state is defined as a group of people who exercise a monopoly on initiating the use of force within a geographical area. Some people are directly involved in this; these are the police, military, and other enforcement agents of the state. Other people are indirectly involved; these are the politicians, bureaucrats, and regulators. The enforcement class are clearly legitimate targets for defensive force, as they are direct aggressors. Their job is to initiate the use of force on behalf of the latter group, escalating the use of force as far as they must in order to gain compliance. But the political class are also involved in aggression, as they give the enforcers the orders that they carry out. To say that they may not be forcefully defended against equivalent to saying that one may kill aggressors in self-defense but must hold harmless any people who are hiring and directing the aggressors. This is an absurd result because it places the onus upon the would-be victim to spend one’s life either evading a practically endless series of aggressors or giving into their demands rather than allowing the would-be victim to end the threat. Because the political class gives commands to the enforcement class and will hire more members to join the enforcement class should some be killed by the civilian population, members of the political class are as legitimate a target as members of the enforcement class. Therefore, political assassinations are morally justifiable.

Practical Concerns

Although political assassinations are morally justifiable, they tend to be tactically unwise. Whenever a politician is assassinated, another one steps into the office to take his or her place. Abolition of a political office solely by the means of eliminating its current occupant is impossible by design. Whereas people have been assassinating politicians for almost as long as there have been politicians, those who wield state power have figured out the necessity of having a line of succession for positions which are essential for the functioning of the state apparatus in order to ensure continuity of said apparatus. In many cases, there is even a mechanism to keep power within the same political faction should a politician have to replace an assassinated politician. The state is a hydra; cut off one head and more grow back in its place. If the state is to be abolished by force (and it must be), its body must be destroyed, which is to say the enforcement class rather than the political class. After all, the political class cannot rule if no one is willing to enforce their rule because the citizenry have made that occupation too hazardous.

Another disadvantage is that assassinations are frequently used by the ruling class as a pretext to disarm the citizenry and seize more power for themselves. Not only does it follow the dictum of never allowing a crisis to go to waste, but it allows state propagandists to fear-monger and portray an environment of random predation that can strike even the rulers, necessitating an expansion of state power and curtailment of civil liberties because according to them, it is the only possible provider of security. The lapdog media would, of course, do its part to paint those who would use violence in self-defense against government as deranged lunatics and those in government as the heroes who will protect everyone from this “danger.” Lone assassins lack the means to shut enough of their lying mouths, and there are still few people in the alternative media who are willing to defend political assassinations, so the establishment narrative would become dominant. The end result is that the state is empowered by small, isolated attacks upon its figureheads. Only a more robust resistance against the enforcement class rather than the political class could overcome these challenges.

That being said, political assassinations can serve as a form of vigilante justice. Everyone knows that government will not hold government accountable, as the practical purpose of the state is to do that which would be criminal for anyone else and use the state’s monopoly on criminal justice to escape punishment. Politicians and their minions frequently victimize people, then hide behind the legal shield of sovereign immunity should people try to use the courts to seek justice. When people are wronged and they can find no justice through the system for dispute resolution because the system will not turn on itself, vigilante justice is better than no justice at all.

Finally, political assassinations can have value to an anti-state movement as propaganda of the deed. In any revolution, someone must make the first move, and there are usually many people who would be willing to revolt but are unwilling to make that first move. One assassin willing to eliminate a high-profile target and sacrifice one’s liberty (and possibly life as well) by doing so can be both the catalyst and the martyr for a revolutionary movement that topples an oppressive regime.

Conclusion

The probability that political assassinations will bring liberty by themselves is slim, but there is no objective moral prohibition against utilizing such tactics. Whether to resort to such measures is a subjective value judgment that each individual or group must make. As always, an essential feature of liberty is to take one’s own risks, reap one’s own rewards, and suffer one’s own consequences. What is certain is that, in the famous words of Otto von Bismarck, “It is not by speeches and majority resolutions that the great questions of the day are decided—but by iron and blood.”

Government Will Not Hold Government Accountable

Since the beginning of statism, rulers have sought to monopolize the provision of justice and criminal punishment for obvious reasons. Not only is it lucrative to do so, in the form of rulers taking for themselves in fines what should be given to victims in restitution, but it also allows for agents of the state to engage with impunity in activities which are criminalized for the commoner. Since time immemorial for those alive at the time of this writing, the nation-state has done so the world over. But when a government politician or enforcement agent is examined by government investigators or tried in a government court, this creates a conflict of interest. Government prosecutors and judges may be interested in promoting justice (or an illusion thereof), but they must also interested in maintaining the structure of state power, which may be endangered by indicting or convicting a politician or enforcement agent. And then there is the matter that the laws being used by said investigators, prosecutors, and judges are monopolized by the state, the common result of which is that a politician or enforcement agent is exonerated for what would land a commoner in prison.

While there is a long line of abuses and usurpations stretching back millennia, three well-publicized concrete examples of these problems have manifested themselves just in the United States in the month prior to the time of this writing. These are the non-indictment of Hillary Clinton for her mishandling of classified information, the overturning of Bob McDonnell’s conviction for political corruption, and the acquittal of Caesar Goodson in the Freddie Gray case. Let us consider each of these cases.

Hillary Clinton

While Hillary Clinton was Secretary of State, she used private email servers and mobile devices to conduct government business. On July 5, 2016, an FBI investigation found that “from the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were ‘up-classified’ to make them Confidential; the information in those had not been classified at the time the e-mails were sent.” Three additional classified emails were found outside of the group of 30,000, one Secret and two Confidential. Evidence was found that Clinton or her colleagues were “extremely careless in their handling of very sensitive, highly classified information.” According to FBI director James Comey, “None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail.” It was assessed that hostile actors could have gained access to Clinton’s email account and that they did gain access to email accounts belonging to people who corresponded with Clinton on classified matters.

Despite such a damning litany, Comey recommended that no charges be brought. Although the requirements for criminal charges under USC Title 18, Section 793, Subsection F were clearly met, Comey set up a straw man by claiming that there is not sufficient evidence of intent, even though intent is not part of the statute. This is for good reason because negligence in protecting classified information that can put innocent people in danger, and is therefore a malicious form of incompetence. Comey’s language concerning a “reasonable prosecutor” (whatever that means) was especially concerning, as it condemns as unreasonable anyone in the Department of Justice who might disagree with Comey’s recommendations. It is also noteworthy that Gen. David Petraeus and Maj. Jason Brezler were pushed out of the military in recent years for less.

The most likely explanations for this result are that Attorney General Loretta Lynch received her major career push from former President Bill Clinton, that Hillary could expose much deeper issues and many more violations in response to being indicted, that Comey lacks the fortitude to upset the electoral apple cart, and that Democrats care more about keeping power than accountability.

Bob McDonnell

In 2014, former Virginia governor Bob McDonnell and his wife Maureen were convicted of accepting more than $175,000 in gifts, loans and other benefits from Star Scientific executive Jonnie R. Williams Sr. in exchange for the governor’s help in securing state testing of dietary product. Bob was sentenced to two years in prison for bribery and extortion, while Maureen was sentenced to one year and one day for corruption. He appealed his conviction, which was upheld by the Fourth U.S. Circuit Court of Appeals in July 2015. The Supreme Court reviewed the case and overturned the conviction on June 27, 2016.

At issue was whether Gov. McDonnell committed (or agreed to commit) an “official act” in exchange for the loans and gifts. An “official act” is defined as “any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit. The Court decided 8-0 that the prosecutor’s view of an “official act” was too broad, and that although McDonnell conduct was “tawdry,” it should not have resulted in a criminal conviction.

Jack Abramoff, a former congressional lobbyist who was imprisoned for fraud, corruption, and conspiracy, said of the ruling,

“I continue to be concerned by what seems to be a lack of understanding on the part of the justices that a little bit of money can breed corruption. When somebody petitioning a public servant for action provides any kind of extra resources — money or a gift or anything — that affects the process. People come to think those seeking favors and giving you things are your friends, your buddies. Human nature is such that your natural inclination is, ‘He has done something for me, what can I do for him?’ The minute that has crept into the public service discussion, that is a problem.”

Whereas the overarching theme of this article is conflict of interest, it is worth noting that the very Supreme Court justices who decided this case are themselves the recipients of lavish paid trips and gifts from private donors.

Caesar Goodson

On April 12, 2015, Baltimore police arrested Freddie Gray for possessing what was alleged to be an illegal switchblade. While Gray had a prior criminal record, some of which was comprised of crimes against people and property, simple possession of a switchblade knife would not be criminal in a free society unless one were on private property whose owner disallows such armaments. While being transported in a police van driven by Officer Caesar Goodson, Gray was rendered comatose and was taken to a trauma center where he died on April 19. His death was caused by injuries to his spinal cord. It was found upon investigation that Gray was not secured properly in the van; he was handcuffed and foot shackled, but not buckled to his seat.

Goodson opted for a bench trial rather than a trial by jury. On June 23, 2016, Circuit Judge Barry Williams acquitted Goodson of all charges, including second-degree depraved heart murder, second-degree assault, involuntary manslaughter, manslaughter by vehicles (criminal and gross negligence), reckless endangerment, and misconduct in office. These charges could have resulted in up to a 30-year prison sentence. Williams claimed that the prosecution lacked the evidence to prove its case. Williams acquitted another officer involved in the case in May 2016.

The Common Problem

The thread which ties together these seemingly disparate cases is that all of them involve certain or nearly certain misdeeds by government personnel. These personnel are then subject to what is essentially an internal review, as they are investigated by another branch of the same organization. The investigation predictably finds that no wrongdoing worthy of prosecution or conviction occurred unless the conduct was so egregious that it is simply impossible to cover up, and the bar for this is set quite high.

Government will not hold government accountable because it is not in their interest. The only way to solve this conflict of interest is to eliminate it. If we are to have justice for the crimes of government personnel, we must take direct action to end the government monopoly on criminal justice. The remainder of this essay will consider what forms this might take and address likely objections.

Solving The Problem

The first response of most people when confronted with a proposal to end a government monopoly on a service is that one must be objecting to any organized provision of that service at all. In other words, they assume a false dilemma between state laws, police, courts, and prisons, or a vigilantist free-for-all. There is something positive to be said for vigilante justice, in that it can be better than no justice at all, and no justice at all is what the government system tends to provide for those who are victimized by the state. Vigilantism can also demonstrate that an oppressed people have had enough, and that those in power should listen to their grievances lest they be removed from power by an angry mob. But vigilantism has a tendency to descend into directionless violence that accomplishes nothing in the long run. As such, it is necessary to construct competing criminal justice systems which can replace the government monopoly and provide the due process that a lynch mob cannot.

Laws

We must, of course, start with the law itself, for no good cider may be made from poisoned apples. Government laws have extended into every facet of life and have become so complex that most people run afoul of the law on a regular basis without even realizing it. Without a government monopoly on laws, people would have the freedom to choose their own legal codes by either choosing from a number of law service providers or going into business as such a service provider. This system in which only the laws that people are willing to financially support through voluntary means can be enforced would have the effect of shrinking the laws which are mandatory for every person to the bare minimum; no murder, slavery, rape, kidnapping, assault, theft, vandalism, and so forth. Any activity which does not constitute aggression against a person or their property would not be criminal unless one had agreed not to engage in that activity as part of a valid contract, which is a contract that all parties enter into without fraud or coercion and that does not demand the impossible. This would swiftly eliminate police confrontations with citizens over such issues as possessing a state-disapproved kind of weapon or drug, or engaging in a state-disapproved business venture.

Police

Next, we must consider the enforcers of the law. When the state has a monopoly on law enforcement, its agents can break the law with impunity to the extent that the statist system will not hold itself accountable. But in a system of competing private enforcers, the agents of one police company may be held in check by agents of all of the other police companies as well as a considerably more armed citizenry, as gun control laws would almost certainly be among the government laws which would fall by the wayside. Without the ability to enforce higher-order aspects of legal codes to which people have not consented and with the much greater probability that overreaching enforcers may be fired or martially defeated, non-government police lack the mechanisms that make government police so oppressive.

Courts

Third, we must consider private court systems. Without government laws and courts, every interaction between people of any complexity would need to involve a contract to specify how the people involved in the interaction agree to handle disputes which may arise between them. Individuals would likely hire insurance companies to co-sign their contracts for the purpose of ensuring that victims get restitution without having to wait for a contract breaker to provide it. Should one engage in criminal activity, one would be tried in a court specified by one’s contracts, with the appeals process also specified. Failure to abide by the ruling that one contracted to abide by would be economically crippling, as private defenders and dispute mediators would treat this as a risk worthy of raising a person’s rates significantly or even dropping them as a customer. Being without private defenders and dispute mediators would leave one in a difficult position, as one would have trouble buying, selling, entering into contracts, or even defending oneself.

Punishment

Fourth, we must consider how a private legal system will deal with punishment and restitution. While the libertarian theoretical limits of punishment are quite broad, there is no reason why these limits must be approached in every case. Punishment in a libertarian society would generally take the form of forced restitution in cases where an aggressor refuses to make restitution without being forced, with the possibility of “eye for an eye” punishments where restitution is impossible.

In a private justice system, prisons would be tailored to the purpose of helping criminals provide restitution by keeping them safe and in decent living conditions while they do so. Several incentives are at work toward this end. The private prisons are competing with each other to house prisoners, so they each must try to offer the best service for the least cost. The prisoners are paying customers of the insurance companies which are affiliated with the prisons, so they can take their business and transfer their prison time elsewhere if they feel mistreated or endangered and can find a better option. The insurance companies wish to reduce violent crimes for which they must pay claims, and so have an incentive to keep prisoners from harming or being harmed by anyone. Getting criminals to go to prison could be accomplished by making their continued coverage contingent upon going there and making restitution, with the alternative being life as an outlaw in the traditional sense.

Note that unlike a statist system with mandatory sentencing requirements, a private justice system may allow the victim of a crime to negotiate an agreement with the criminal to reduce or even eliminate the criminal’s obligation to perform restitution. One could even specify in one’s will what should be done to one’s murderer if one is murdered.

Additionally, there is one punishment that one may undoubtedly inflict upon anyone for any reason without any need for judicial oversight: ostracism. To be denied association with one’s fellows as well as with one’s trading partners by said fellows and trading partners can certainly meet all of the above definitions of punishment. Psychologists have found that the pain of ostracism is quite similar to the pain of physical injury in terms of the effect it has on a person. The long-term effects that an episode of ostracism has make it an effective way to enforce beneficial social norms without violating the non-aggression principle. The lack of government anti-discrimination laws in this proposed system makes the full realization of ostracism possible.

Objections Rebutted

Such a proposal typically meets three criticisms which were not addressed above. First, there is the “public goods” argument that this system may leave behind the poorest people who cannot afford to pay for it. Aside from the fact that “public goods” are a myth, the amount of productivity that could be unleashed by ending the government monopoly on laws should ensure that no one who does not wish to be poor would have to be. Even if this were not the case, the poor could still receive charity or form neighborhood watch groups while using the aforementioned newly legal heavy weapons, which would also be cheaper due to loosened restrictions on manufacture and ownership.

Second, there is the argument that competing private police forces will fight. The problem with this argument is that the incentives are all pointed in the opposite direction. Fighting will result in deaths for both private police forces, which makes it harder and more expensive for the surviving officers to serve their customers while hurting the public relations of the fighting forces. This creates an opportunity for other private police forces to step in and provide services more efficiently, thus sending the fighting forces into an economic death spiral. Note also that heavy area effect weapons cannot be used in such a fight without harming innocents and bringing legal claims and militant reprisals against the offending officers and companies. Failing all of this, such forces would still be less capable of destruction than nation-states currently are.

Finally, there is the contention that the state will not allow such a system to replace its monopoly. The state is quite profitable to those who run it and those who benefit from its influence, and they will not simply surrender this power. This would be the ultimate result of losing a monopoly on criminal law, as a private law system would treat government crimes committed under color of state law as though they were committed by private citizens. This is why liberty requires revolution, as the answer to the state disallowing a challenge to its power is to put it out of a position of being able to allow or disallow anything.

Conclusion

While government will not hold government accountable, the people living under it can, and it is they who must do it if they wish it done. The above market solution outlines an alternative to the statist criminal justice system, but it is up to the citizens afflicted by state crimes to build and operate such a system. The sooner this is done, the sooner all people can be held to the same basic standard of conduct and the crimes of the state can end.

 

On Libertarianism and Punishment

At its core, libertarianism is an answer to the question of when it is appropriate to use force. It says that initiating the use of force is never acceptable, while using force to defend against a force initiator is always acceptable. But what should be done once a force initiator is subdued? Let us explore what libertarianism allows in terms of punishments for aggressors.

Punishment Defined and Defended

The first step in constructing a rational case is to define terms. The Oxford English Dictionary defines punishment as “the infliction or imposition of a penalty as retribution for an offense.” The Merriam-Webster offers two definitions for our purpose: “suffering, pain, or loss that serves as retribution” and “a penalty inflicted on an offender through judicial procedure.” So there is an aspect of retribution, of being deprived of something for having deprived someone else of something; and there is an aspect of force, of inflicting or imposing such a deprivation. The question, then, is what sort of deprivation may be forced upon an offender within the bounds of libertarianism.

The first thing to note is that it is improper to punish someone who has not initiated the use of force. Thus, all punishments for so-called “victimless crimes” which are not necessary to stop further acts of aggression should be abolished. The next consideration is what form a punishment may take. In other words, what may one justly be deprived of for having deprived someone else? Rothbard writes[1],

[M]ust we go along with those libertarians who claim that a storekeeper has the right to kill a lad as punishment for snatching a piece of his bubble gum? What we might call the ‘maximalist’ position goes as follows: by stealing the bubble gum, the urchin puts himself outside the law. He demonstrates by his action that he does not hold or respect the correct theory of property rights. Therefore, he loses all of his rights, and the storekeeper is within his rights to kill the lad in retaliation. I propose that this position suffers from a grotesque lack of proportion. By concentrating on the storekeeper’s right to his bubble gum, it totally ignores another highly precious property right: every man’s − including the urchin’s − right of self-ownership. On what basis must we hold that a minuscule invasion of another’s property lays one forfeit to the total loss of one’s own? I propose another fundamental rule regarding crime: the criminal, or invader, loses his own right to the extent that he has deprived another man of his. If a man deprives another man of some of his self-ownership or its extension in physical property, to that extent does he lose his own rights. From this principle immediately derives the proportionality theory of punishment − best summed up in the old adage: ‘let the punishment fit the crime.’”

He asserts this but does not justify it, so let us do so. Libertarianism is a logical construct, therefore it is subject to logic in the form of consistency. To claim a right for oneself while violating the equivalent rights of another person is hypocritical and logically inconsistent, therefore it cannot be rationally advanced in argument. (Of course, this subjective variety of pragmatic contradiction only applies to the hypocrite; it would be absurd to argue, for instance, that all people lose their right to private property just because one thief steals something.) Nor could it be rationally advanced in a court setting, as the legal doctrine of estoppel would prevent it. Thus, a criminal loses his own rights to the extent that he has deprived other people of theirs, and one should be able to kill murderers, beat up assailants, take property from thieves, imprison slave-masters, and so on in proportion to the crimes an aggressor commits, subject of course to liability for attacking an innocent person. For who can rightly object to a taste of one’s own medicine?

Retribution and Restitution

While retribution in kind is within the logical boundaries of libertarianism, a result in which the aggressor is punished and the victim is made whole is self-evidently more just than a result in which the aggressor is punished only. Therefore, it is best for retribution to take the form of restitution, in which a criminal compensates his victims. Sometimes a criminal will agree to make restitution, and sometimes force must be used to compel the criminal to make restitution. In this sense, there can be both the aspect of retribution and the aspect of force described above.

Next, we must consider what constitutes proper restitution. Rothbard writes[2],

“But how are we to gauge the nature of the extent? Let us [consider] the theft [of] $15,000. Even here, simple restitution of the $15,000 is scarcely sufficient to cover the crime (even if we add damages, costs, interest, etc.). For one thing, mere loss of the money stolen obviously fails to function in any sense as a deterrent to future such crime (although we will see below that deterrence itself is a faulty criterion for gauging punishment). If, then, we are to say that the criminal loses rights to the extent that he deprives the victim, then we must say that the criminal should not only have to return the $15,000, but that he must be forced to pay the victim another $15,000, so that he, in turn, loses those rights (to $15,000 worth of property) which he had taken from the victim. In the case of theft, then, we may say that the criminal must pay double the extent of theft: once, for restitution of the amount stolen, and once again for loss of what he had deprived another. But we are still not finished with elaborating the extent of deprivation of rights involved in a crime. For A had not simply stolen $15,000 from B, which can be restored and an equivalent penalty imposed. He had also put B into a state of fear and uncertainty, of uncertainty as to the extent that B’s deprivation would go. But the penalty levied on A is fixed and certain in advance, thus putting A in far better shape than was his original victim. So that for proportionate punishment to be levied we would also have to add more than double so as to compensate the victim in some way for the uncertain and fearful aspects of his particular ordeal. What this extra compensation should be it is impossible to say exactly, but that does not absolve any rational system of punishment − including the one that would apply in the libertarian society − from the problem of working it out as best one can.”

In short, we have a principle that Walter Block calls “two teeth for a tooth,” plus some extra amount. As Rothbard correctly notes, it is impossible to precisely calculate what this extra amount should be, as there is no price system which would allow one to do so and no way to examine a counter-factual world in which the crime was never committed to see what difference was truly made in the victim’s life. A critic may claim that this makes the theory impractical, but in practice this extra amount would be decided by mutual agreement between the criminal, the victim, and any hired agents they may have.

We speak, of course, only of the maximum allowable extent of punishment. A victim has the option to negotiate an agreement with the criminal to reduce or even eliminate the criminal’s obligation to perform restitution.

Forms of Punishment

We have considered matters of material restitution once an aggressor is subdued. But what about matters in which an aggressor is not subdued, or matters where such restitution is impossible?

If an aggressor is active, then any amount of force necessary to subdue the aggressor may be used, for any standard short of this would not only fail to be logically consistent, but would allow an aggressor to succeed simply by escalating the use of force beyond what his victims are allowed to use in defense. The only permissible limitation on defensive force is that which ceases to be completely defensive. Rothbard writes[3],

“How extensive is a man’s right of self-defense of person and property? The basic answer must be: up to the point at which he begins to infringe on the property rights of someone else. For, in that case, his ‘defense’ would in itself constitute a criminal invasion of the just property of some other man, which the latter could properly defend himself against.”

This leads to some implications which many prominent libertarian thinkers appear to have missed. Most libertarians unequivocally condemn the use of torture for any reason, but there is nothing within libertarian theory which does so. What libertarian theory cannot justify is the use of torture against a non-aggressor, such as an aggressor’s family or friends, or someone not known to be an aggressor. Thus, we are restricted to using torture only in scenarios like that of a ticking time bomb which was set by a terrorist. The bomb will detonate before all innocent people could be evacuated from the area, a particular terrorist or group of terrorists is known to be responsible, and the terrorist(s) will not provide the means of deactivating the bomb unless they are tortured. Their active attempt to deny the self-ownership of other people by blowing them up estops them from claiming their own self-ownership, so any means necessary to stop their aggression may be used against their bodies, including torture. However, we should be wary about putting the power to torture into the hands of the state, as its agents have shown on countless occasions that they will not adhere to the above limitations. They have, in the words of Radley Balko, “not used it competently, abused it, and found new, inappropriate contexts in which to use it.”

As with torture, many libertarians condemn the use of corporal punishment as barbaric and counterproductive. Most such arguments focus on the spanking of children as a grotesque violation of the non-aggression principle, and these arguments are not wrong. But for an aggressor who has reached maturity and assaulted someone, these are merely aesthetic and utilitarian concerns which play no role in libertarian theory. Rothbard writes[4],

“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.”

At issue is not a concern of efficacy (for how shall this be measured?) or even deterrence (though this is an important side effect), but a concern for logical consistency.

While there are several offenses for which exact restitution is impossible, in that no amount of money can undo the psychological damage of a rape or a kidnapping, there is no possible restitution for the crime of murder, as it is impossible to make the victim whole in any way. Block writes,

“What the murderer has done, essentially, to his victim is, in effect, steal his life away. If there were but a machine that could transfer the life out of the dead victim and into the live murderer it would be the paradigm case of justice to force him into this machine, and make him disgorge the life he had stolen. It would be a matter of supreme injustice to refuse to do so.”

But no such machine exists (or may ever exist), so there is no result in which the aggressor is punished and the victim is made whole. We are then left to choose between a result in which the aggressor is punished or a result in which the aggressor is free to murder again. Although the victim, being dead, cannot negotiate anything with the murderer in terms of forgiveness or of buying one’s way out of the penalty for murder, this is not an intractable problem. Rothbard writes[5],

“In short, within the limits of his proportional right of punishment, the victim should have the sole decision how much, if at all, to exercise that right. But, it has been pointed out, how can we leave the decision up to the victim in the case of murder, precisely the one crime which removes the victim totally from the scene? Can we really trust his heir or executor to pursue the victim’s interests fully and wholeheartedly, especially if we allow the criminal to buy his way out of punishment, in dealing directly with the heir? …The answer is to deal with the problem in the same way as any wishes of a deceased person are obeyed: in his will. The deceased can instruct heirs, courts, and any other interested parties on how he would wish a murderer of his to be treated. In that case, pacifists, liberal intellectuals, et al. can leave clauses in their wills instructing law enforcement authorities not to kill, or even not to press charges against a criminal in the event of their murder; and the authorities would be required to obey.”

Rothbard neglected to mention one caveat here. While the heirs and the authorities could be obligated not to prosecute or punish a murderer if the victim left a will to that effect, no such limitation exists upon a third party acting solely out of concern for logical consistency and personal safety. As explained above, a murderer forfeits self-ownership, so while the courts may be bound by contract and the victim’s will not to kill a particular murderer, the courts would also have no cause to prosecute someone else who did kill the murderer. A critic may claim that this standard risks the devolution of civilization into a murderous free-for-all, but a person who kills a non-murderer becomes a murderer himself, subject to all penalties thereof. This creates a potent disincentive against killing someone in the name of eliminating murderers who enjoy freedom unless one is absolutely sure that one has the correct target. Another objection is that such a killing deprives a murder victim’s family of what restitution they could get in the form of making the murderer work for them, but an outsider to such an agreement is not necessarily bound by it, depending upon what arrangements he may have with various court companies and defense agencies.

Finally, there is one punishment that one may undoubtedly inflict upon anyone for any reason without any need for judicial oversight: ostracism. To be denied association with one’s fellows as well as with one’s trading partners by said fellows and trading partners can certainly meet all of the above definitions of punishment. Psychologists have found that the pain of ostracism is quite similar to the pain of physical injury in terms of the effect it has on a person. The long-term effects that an episode of ostracism has make it an effective way to enforce beneficial social norms without violating the non-aggression principle.

Conclusion

Contrary to some narrower interpretations of libertarian thought, there is a great deal of room within the bounds of libertarian theory for the punishment of criminals. Not only is forced restitution appropriate for the persistent offender, but there are cases in which corporal punishment, torture, and even assassination could be morally justifiable.

References:

  1. Rothbard, Murray (1982). The Ethics of Liberty. p. 80-81
  2. Rothbard (1982), p. 88-89
  3. Rothbard (1982), p. 77
  4. Rothbard (1982), p. 89
  5. Rothbard (June 1978). The Plumb Line: The Capital Punishment Question. Libertarian Review, Vol. 7, No. 5, p. 14

On Air Ownership and Pollution

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

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

Because each person has a right to exclusive control of one’s physical body, it is wrong for one person to interfere with another person’s exclusive control of their physical body without their consent. This is how the non-aggression principle is derived from self-ownership. Because each person has full responsibility for the actions that one commits with one’s physical body, one may gain property rights in external objects by laboring upon unowned natural resources, and one owes restitution for any acts of aggression that one commits against other people or their property. But because the non-aggression principle and private property rights are derived from self-ownership, they are dependent upon it. That which is dependent cannot overrule that upon which it is dependent, therefore self-ownership takes primacy if there should be a conflict between the self-ownership of one person and the external private property rights of another person.

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

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

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

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

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

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

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

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

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

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

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

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

References:

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