Book Review: Closing The Courthouse Door

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

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

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

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

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

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

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

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

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

Rating: 3.5/5

A Case Against the Eleventh Amendment

The first amendment to the United States Constitution following the Bill of Rights is the Eleventh Amendment, which reads:

“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

This Amendment was ratified in 1795 in response to the Supreme Court decision in Chisholm v. Georgia (1793). The case came from the Revolutionary War, when Captain Robert Farquhar, a resident of South Carolina, supplied goods to the state of Georgia for which Georgia did not fully pay. Farquhar died in 1784. In 1792, Alexander Chisholm, the executor of Farquhar’s estate, filed suit against Georgia in the US Supreme Court over payment that Georgia still owed for the goods. US Attorney General Edmund Randolph argued the case for Chisholm, but government officials in Georgia claimed sovereign immunity and refused to appear. The Court found by a 4-1 margin that the grant of federal jurisdiction over suits “between a State and Citizens of another State” in Article III, Section 2 of the Constitution granted federal courts the power to hear cases between private citizens and States, and that States did not enjoy sovereign immunity in such cases.

The Eleventh Amendment was written mostly for the purpose of overturning the Chisholm decision, which stands as one of only a handful of court rulings to be overturned by a Constitutional amendment. The ruling in Hollingsworth v. Virginia (1798) held that every pending action under Chisholm had to be dismissed due to the ratification of the Eleventh Amendment. The only remaining way at the time for a state to be sued by non-residents of the state was for that state to consent to the suit.

Since then, three Supreme Court cases have made further exceptions to a state’s sovereign immunity. Fitzpatrick v. Bitzer (1976) held that Congress may abrogate the sovereign immunity of a state pursuant to a valid exercise of the Fourteenth Amendment, Central Virginia Community College v. Katz (2006) held that Congress may do the same in bankruptcy cases through Article I, Section 8, Clause 4, and Lapides v. Board of Regents of University System of Georgia (2002) held that a state waives the Eleventh Amendment if it invokes a federal court’s removal jurisdiction, which is the right of a defendant to move a lawsuit filed in state court to the federal district court for that location.

To make a case against the Eleventh Amendment, we will first note the problems with its interpretation, then we will examine the failings of the doctrine of sovereign immunity in general, as refuting this doctrine defeats the Eleventh Amendment a fortiori.

Procedural Problems

The first thing to note is that the interpretation of this amendment, like every other part of the Constitution, is decided by judges who are paid by the state in courts which are monopolized by the state. Thus, the Eleventh Amendment means whatever people in black costumes say it means, which need not be in keeping with common usage or dictionary definitions because effective challenges to their power once the appeals process is exhausted are almost nonexistent. (There are the possibilities that a judge will be impeached and removed or that the Constitution will be amended, but these possibilities are rare enough to dismiss in most cases. Chisholm and the Eleventh Amendment are a rare exception to the latter.) The incentive of people who are paid by the state is to encourage the health of the state, which means erring on the side of expanding the size and scope of government, kowtowing to popular opinion rather than handing down consistent rulings, and reducing government accountability. This constitutes a threat to individual liberty and tends toward the curtailment of civil liberties.

In their interpretation of the Eleventh Amendment, the Court has consistently sided with state governments and expanded sovereign immunity beyond the text of the Amendment. The Court has shielded states from nearly all monetary damage actions brought in any court. The text does not mention a state’s own citizens, but in Hans v. Louisiana (1890), the Court interpreted the Eleventh Amendment to give a state sovereign immunity against citizens of that state. Justice Anthony Kennedy wrote for the 5-4 majority in Alden v. Maine (1999),

“[S]overeign immunity derives not from the Eleventh Amendment but from the structure of the original Constitution itself. … Nor can we conclude that the specific Article I powers delegated to Congress necessarily include, by virtue of the Necessary and Proper Clause or otherwise, the incidental authority to subject the States to private suits as a means of achieving objectives otherwise within the scope of the enumerated powers.”

This, despite what Justice David Souter observed in the dissenting opinion,

“The 1787 draft in fact said nothing on the subject, and it was this very silence that occasioned some, though apparently not widespread, dispute among the Framers and others over whether ratification of the Constitution would preclude a State sued in federal court from asserting sovereign immunity as it could have done on any matter of nonfederal law litigated in its own courts.”

Souter’s dissent in Seminole Tribe v. Florida (1996), another 5-4 decision defending sovereign immunity, is also illuminating:

“There is almost no evidence that the generation of the Framers thought sovereign immunity was fundamental in the sense of being unalterable. Whether one looks at the period before the framing, to the ratification controversies, or to the early republican era, the evidence is the same. Some Framers thought sovereign immunity was an obsolete royal prerogative inapplicable in a republic; some thought sovereign immunity was a common-law power defeasible, like other common-law rights, by statute; and perhaps a few thought, in keeping with a natural law view distinct from the common-law conception, that immunity was inherent in a sovereign because the body that made a law could not logically be bound by it. Natural law thinking on the part of a doubtful few will not, however, support the Court’s position. […] [S]everal colonial charters, including those of Massachusetts, Connecticut, Rhode Island, and Georgia, expressly specified that the corporate body established thereunder could sue and be sued.”

Souter’s dissents demonstrate that there is no textual basis in the Constitution for sovereign immunity. But even if there were, the concept should still be opposed. In the next two sections, we will see why.

Problems With Sovereign Immunity

There are a multitude of problems with the concept of sovereign immunity. First, sovereign immunity denies compensation to victims of statism. Those whose rights are grossly violated by government agents are deprived of a redress of grievances by sovereign immunity, as well as meaningful peaceful recourse. Second, immunity for government agents denies due process to the citizenry because due process requires a judicial forum, which sovereign immunity denies to those whose cases are dismissed on such grounds. Third, the unwillingness of courts to hear cases in which states violate legal provisions that are intended to limit state power can render those provisions unenforceable, and an unenforceable law is functionally equivalent to no law at all. The people are thus left to rely on the good faith of governments that they will not abuse the people, which if history is any guide, is not a realistic strategy.

Fourth, that who are immune from civil damages and criminal punishment are unaccountable is a tautology, so sovereign immunity is obviously incompatible with government accountability. Fifth, this lack of accountability creates a moral hazard for those who wield state power. Any such unaccountable power is magnetic to the corruptible, who would abuse that power for their personal gain and the health of the state at the expense of the people. Sovereign immunity thus incentivizes the worst people to seek positions in government in order to abuse state power. Sixth, any just system must be no respecter of persons or affiliations. But the doctrine of sovereign immunity creates a double standard; some people may violate the law with impunity while others may not. Thus, equality before the law is impossible in the presence of sovereign immunity.

Finally, the absence of a peaceful method of obtaining justice through an established system means that those who demand justice must either live without or seek justice violently on their own. Though this is morally justified when done by citizens against government agents, there is a greater possibility of irreparable errors being made through vigilante methods than through judicial methods. There is also a risk of chaotic societal breakdown if vigilantism should become normalized in the absence of the organization and alternative institutions necessary to replace the state with a superior form of social order. Eliminating sovereign immunity would open a new avenue for obtaining justice peacefully.

Objections

In addition to making the case against sovereign immunity, it is necessary to refute the common arguments in its favor. First, proponents will argue that allowing people to sue the state for damages will endanger the public treasury. This could allow people to gain private ownership of government buildings as payment for civil judgments if the treasury is bankrupt, as well as pass on financial burdens to taxpayers. The standard counterargument is that these concerns are outweighed by the positives of eliminating sovereign immunity that were enumerated in the previous section. The sharper counterargument is that these are features rather than bugs. The money in the public treasury was obtained by demanding money from the citizenry and threatening them with violence for nonpayment. Although a monetary judgment would not, for the most part, return these funds to their rightful owners, the recipients would hold the money more justly than the thieves who call themselves by the euphemism of tax collectors. Government buildings are likewise built and maintained by extorted money, and are generally built upon conquered or otherwise stolen land. Passing on financial burdens to taxpayers is a moral evil, but this could be partially remedied by cleaning out the finances of individual government personnel and/or auctioning government assets before tapping into the treasury. On the other hand, increasing the tax burden on the citizenry may inspire them to either leave the state-sanctioned economy for the informal economy or think in revolutionary terms.

Second, there is the argument that sovereign immunity preserves separation of powers by preventing the judiciary from dominating the executive branch. But because a lack of ability to sue the government removes accountability, neuters provisions that limit state power, and creates moral hazard, sovereign immunity removes the very sort of checks and balances that its proponents claim to protect by keeping the judiciary from restraining the executive branch.

Third, there is the argument that there is no authority in the Constitution or other federal law for suits against the government. This is not an argument for the righteousness of sovereign immunity; only an argument that it currently exists. By this argument, such authority need only be created by Congressional legislation or a Constitutional amendment if it did not already exist. But such authority already does exist under the Constitution in its mandates for due process, government accountability, and the supremacy of federal law.

Fourth, there is the argument that adequate alternative methods for redress exist, making the elimination of sovereign immunity unnecessary. Not only does this argument fail to deal with the problems described above, but there are not always alternative methods. Injunctive relief redresses future violations but not past violations, suing individuals may not produce sufficient civil judgments, and statutes may immunize government agents from suit. This argument would once again leave people to rely on the good faith of governments that they will not only not abuse the people, but will perform restitution when they do.

Finally, defenders of sovereign immunity will appeal to tradition, citing the fact that the United States government has enjoyed some form sovereign immunity for most of its history, as have its constituent states. For example, in United States v. Lee (1886), the Court held that “the United States cannot be lawfully sued without its consent in any case.” But appeal to tradition is a logical fallacy; there should be some other reason for continuing a policy besides its longstanding in order to validate the choice.

Conclusion

It is clear that the doctrine of sovereign immunity causes many problems, and that the arguments in favor of it are easily refuted. Further, there is no basis for it either within the text of the Constitution or in a nonoriginalist view. Repealing the Eleventh Amendment and ending sovereign immunity for US states would be a positive step, but it would not go far enough. As shown above, all sovereign immunity should be ended so that agents of the state may be held to the same moral standard as everyone else and many abuses of power may be prevented.

The Immediate Danger Standard Is Statist Nonsense

The nature of the appropriate use of force is the central concern of libertarian philosophy. This philosophy offers a concise answer: initiating the use of force is never acceptable, but using force to defend against an initiator of force (hereafter referred to as an aggressor) is always acceptable. Unfortunately, this answer is not as clear as it may appear to be because there is confusion over what constitutes using force to defend against an aggressor. This confusion, coupled with the influence of statism, has led to an idea known as the immediate danger standard, which says that using force against someone who is not presenting a physical threat at the exact moment that force is used constitutes aggression. Let us explore both why this standard is wrong and why it has risen to prevalence.

Libertarian Theory

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

Each person has a right to exclusive control of one’s physical body, so it is wrong for one person to initiate interference with another person’s exclusive control of their physical body without their consent. This is how the non-aggression principle is derived from self-ownership. Each person has full responsibility for the actions that one commits with one’s physical body, so one may gain property rights in external objects by laboring upon unowned natural resources, and one owes restitution for any acts of aggression that one commits against other people or their property. The reason for this is that one is responsible for the improvements that one has made upon the natural resources, and it is impossible to own the improvements without owning the resources themselves.

Because the non-aggression principle and private property rights are derived from self-ownership, they are dependent upon self-ownership. That which is dependent cannot overrule that upon which it is dependent. Therefore, self-ownership takes primacy if there should be a conflict between self-ownership and external private property rights, or between self-ownership and non-aggression. Libertarian philosophy is a logical construct. Therefore, it is subject to logic in the form of rationality and consistency. This means that logical contradictions are objectively invalid, and hypocrisy is subjectively invalid. Contradictions cannot be rationally advanced in argument, and hypocrisy cannot be rationally advanced by the hypocrite. 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 or vandal 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. The practical result is that if an aggressor refuse to perform restitution and continue in a state of criminality, they may be attacked in ways which would violate the non-aggression principle if done to a non-aggressor, as an aggressor’s actions demonstrate a rejection of the non-aggression principle.

Libertarianism Versus Immediate Danger

The ideas of absolute self-defense and open season on unrepentant aggressors that come to us from a rigorous interpretation of libertarian theory synthesize a far more expansive view of the proper use of force than the standard of immediate danger. The libertarian view is not only logically sound, but superior in practice as well because it allows libertarians to deal with situations that those who adhere to a standard of immediate danger cannot resolve. Let us consider four examples of this.

First, there are cases in which people engage in behaviors that pose a deadly risk to innocent bystanders. Someone who drives under the influence of substances which impairs one’s faculties endangers the life of everyone in the vicinity of such behavior and is therefore committing an act of aggression against everyone who could reasonably be hit by the car. There are aspects of current DUI laws that need to change, such as being able to get a DUI while sleeping in a car or riding a bicycle, but it is a valid concern for an individual or a libertarian security service to act against. The use of force to stop the car and detain the driver so as to keep him from continuing to drive under the influence of an intoxicating substance is justified, even though there may not be a person who is in immediate danger. The alternative is to wait until the driver actually injures or kills someone, which is obviously inferior to a proactive approach.

Second, an immediate danger standard does not allow one to recover stolen property. A guard of stolen property has not directly victimized anyone, but is acting to aid and perpetuate a violation of property rights. A thief who possesses stolen goods but is not currently in the act of thievery is not immediately endangering anyone, but is an unrepentant aggressor. When the rightful owner of the property or his agent comes to reclaim the property, the use of force to subdue a guard of stolen property in order to reclaim the property is justified. The alternative produces the absurd result that a thief may get away with property crimes simply by guarding and fencing whatever he has already stolen, so long as he is never caught in the act.

Third, those who commit crimes indirectly by hiring out their dirty work escape under an immediate danger standard. A person who hires thieves or contract killers does not directly steal from or murder anyone, but such a person is vicariously responsible for the crimes or attempted crimes committed by his agents. The use of force by the would-be victim or an agent of his against someone who hired the criminals is therefore justified, even though the employer of the criminals did not directly victimize anyone. In this case, the believer in the immediate danger standard must face one thief or assassin after another until finally losing one’s property or one’s life instead of eliminating the threat at its source.

Fourth, there is the long-term goal of all consistent libertarians: the abolition of the state. At its core, the state is a means for certain people to do that which is criminal for anyone else to do while evading consequences and accountability. When government legislators and regulators make policy, they are threatening the populations they govern with theft, assault, kidnapping, and murder carried out under color of law. They hire out the enforcement of these laws to their police and military personnel. These personnel sometimes put citizens in a situation that a proponent of the immediate danger standard would recognize as appropriate for defensive force, but most people offer sufficient compliance with the state to avoid facing men who have guns literally pointed at them. Those who restrict themselves to an immediate danger standard will consistently lose to those who operate under no such handicaps, and will certainly never use the amount of defensive force necessary to create and maintain a libertarian social order.

Statist Influence On Libertarians

Given the clear shortfalls of the immediate danger standard, why do so many professing libertarians advocate for it? As with most instances of corruption in the world, the state is to blame. The state is a group of people who exercise a monopoly on force within a geographical area. They use this monopoly on force to maintain monopolies on the creation and enforcement of law, the provision of criminal justice, and the final arbitration of disputes. The state uses an imminent danger standard for lethal self-defense in its legal codes because this furthers the goal of perpetuating the state.

If the libertarian standard were used, it would render much of the state’s police and court functions irrelevant. If one were legally allowed to use any amount of force necessary to stop those who recklessly endanger bystanders, to reclaim stolen property, and to eliminate crime bosses, it would show everyone just how little need they have for government protection services. Whatever errors may occur in such actions pales in comparison to the destruction wrought by states. Such a culture of independence and self-responsibility cannot be allowed among human livestock by any competent human farmer. A culture in which such uses of force by the citizenry are commonplace would swiftly eliminate its criminal element, thus depriving the state of the propaganda line that the state is necessary to protect against criminals. That those in power would rather endanger their subjects by allowing the criminal element to persist than give up power is the most cynical explanation for their behavior, so it is likely to be correct. Third, and most importantly, the conduct of government agents would be considered criminal if they were not government agents. The libertarian standard, which has no respect for badges, costumes, or affiliations, would thus lead people to use force against government agents for being unrepentant aggressors.

One might protest that one lacks agency in matters between an aggressor and a victim whom one does not officially represent, but the concept of agency has been shaped in a world dominated by states. 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.

Conclusion

Libertarians presently live under statism, and most make the subjective value judgment that it is better to live to fight another day than to defy the state in such a bold manner when they lack the manpower and resources to win the ensuing conflict. This is understandable, but this has unfortunately confused some libertarians into believing in the imminent danger standard instead of reasoning through the philosophical answer. It is one thing to comply with the state under duress in order to live, advocate, work, and prepare for the day when forceful noncompliance is feasible, but it is entirely another to internalize and promote the standards of the state. The immediate danger standard is statist nonsense, and libertarians must understand this if they are to create and maintain their preferred forms of social order.

Authority, Anarchy, and Libertarian Social Order

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

Stateless In Somalia

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

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

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

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

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

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

The Case of Tudor England

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

He continues,

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

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

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

Chile and Singapore

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

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

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

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

Libertarianism and Reaction

Pendleton writes,

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

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

Final Arbitration

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

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

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

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

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

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

Of Rules and Rulers

Pendleton writes,

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

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

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

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

Mischaracterization

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

The Definition of Liberty

Pendleton writes,

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

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

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

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

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

Rationalism and Empiricism

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

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

Conclusion

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

References:

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

Strategy Against Antifa: 2nd Edition

Three months ago, I released a list of eighteen tactics that could be used to defeat the communist terror group known as Antifa. Several confrontations between Antifa and anti-communist activists have occurred since the list was published, and there are lessons to be learned from each case. Some of the suggestions in the list have been implemented to excellent effect, while others have gone unused. Predictably, those which involve private citizens tend to be in the former group while those that exclusively involve the state tend to be in the latter group. This should make clear that the deep state does not mind Antifa at best and is in league with them at worst. Ideas which were not on the list have also been responsible for success against Antifa. As any empirical hypothesis is subject to revision as a result of new theories and empirical evidence, let us do this now in order to create a second edition of strategy against Antifa.

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. Because public universities and other speaking venues continue to kowtow to pressure, it is necessary to take both action against them and counter-action to Antifa. The state has yet to make the funding of taxpayer-supported institutions contingent on defying efforts to silence speech in such venues, so direct action is required. Alumni of these universities and customers of other venues should announce boycotts in order to deny them funding directly. When official events are cancelled, unofficial events should be held anyway in the same place or a nearby place, which is already being done to excellent effect. Finally, if the far-left is going to attempt to silence anyone they perceive as being rightist, then the far-right should respond in kind against anyone they perceive to be leftist. After all, turnabout is fair play.

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. Where Antifa members continue to assault people and destroy property, it is because they face far too little defensive violence in response to their aggression. Fortunately, this has changed in many places. The rank-and-file police do not typically wish to stand down, but are ordered to in many cases because their commanders are sympathetic to Antifa. The bright side of this is that it has encouraged right-wing citizens to take to the streets in order to defend against Antifa themselves. The formation of the Fraternal Order of Alt-Knights (FOAK) is a sign of progress on this point. This will build confidence in people to be more self-reliant for their security needs rather than dependent on the state. As predicted in the first edition, Antifa members have shown themselves to be physically weak and lacking in combat experience, needing superior numbers or weapons to win a skirmish.

3. Stop discouraging defensive violence. The maintenance of liberty requires the ability to bring overwhelming defensive violence to bear against aggressors. While some people in libertarian and right-wing circles are still decrying the use of force against Antifa, the victory at Berkeley and the stalemates at Berkeley, Pikeville, Ky. and New Orleans show that defensive violence as well as the possibility thereof is an effective deterrent.

4. Hire private security. Since the sucker punch against Richard Spencer on January 20 in Washington, DC, most high-profile libertarian and right-wing personalities have hired private security to protect them at protests and other speaking engagements. Though this has not completely stopped Antifa from assaulting people, no personnel who have had bodyguards have been successfully attacked. This turn of events should continue.

5. Go after members of Antifa by going after 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. This could be a useful measure when Antifa members can be identified and are found to have employment rather than to be living on government handouts, though it has not had much success thus far.

6. Parody their websites and other online presences. The first edition recommended hacking Antifa’s websites and other online presences. This has been done to some extent, but a more effective measure has emerged. There are now many parody websites and accounts that falsely represent themselves as Antifa while actually mocking them. The most effective aspect of this is that it can be nearly impossible to distinguish fake Antifa from real Antifa, and this needs to be weaponized in furtherance of the next tactic.

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. Additionally, Antifa can be baited into actions which will make them look more foolish than they already are, get them arrested, or both.

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. A few establishment media personalities are beginning to come around on this point, but much more work is needed.

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. A small amount of progress has been made on the conduct of police commanders, but only out of necessity on the part of said commanders. For instance, the reason that Berkeley police started enforcing bans on masks after the April 15 battle is probably that the mayor, who has ties to Antifa, did not want to see another battle lost by Antifa. Thus, the situation was de-escalated by the Berkeley police. Other police departments in less leftist communities did not wish to see similar street battles in their communities and took similar measures. No police commanders, mayors, or other such officials have yet been removed or punished, and it is necessary to push for this to happen.

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. The Trump administration’s lethargy in taking this step may be attributed to deep state influence or to an unwillingness to anger the left to the extent that such a measure would.

11. Unmask Antifa members. Where this has been done, the result has been a nearly complete shutdown of Antifa terrorism. Where this has not been done, their violence has continued. It is important that this be done everywhere. Although investigators in 4chan’s /pol/ community have successfully identified Antifa members even though they were masked, such work could be made unnecessary by strict enforcement of mask bans. Mask bans have resulted in Antifa members being arrested for refusing to either leave protests or remove their masks, and this has effectively disrupted some of their activities. Furthermore, any anti-communists who can lay hands upon masked Antifa members should pull off their masks, record their faces, and expose their identities.

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. Little has been done on this point since the first edition, which is unfortunate because it would impose costs that would scare off the average misguided youth in Antifa.

13-15. Charge anyone who aids Antifa in any way, freeze their funds, and send illegal aliens involved with them to Guantanamo Bay. Because Antifa has yet to be declared a terrorist organization, there has necessarily been no implementation of these measures. These measures must therefore be tabled unless and until action occurs on tactic #10.

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. The peaceful nature of the demonstrations in Pikeville on April 29 showed the importance of this measure. The police presence between the two was credited for this in the establishment media, but the real reason for peace was that both Antifa and the alt-right showed up with firearms, resulting in peace through mutually assured destruction. Like most measures involving the state, almost no progress has been made on this front.

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. This is unlikely to occur in the near future, but many problems would be solved if it did.

18. Find more support staff. No group of warriors can succeed without support staff backing them up. There are networks of attorneys to help Antifa with their legal troubles, medics to tend to their injuries at rallies, volunteers and paid activists who harass employers and speaking venues. Anti-communists are currently at a disadvantage in all of these categories. It is thus necessary to organize and recruit people to fill these roles in order to support activists in the field and undo the damage done by those who threaten employers and speaking venues on behalf of Antifa.

19. Get more funding. Everything that is worth doing in the world requires capital, even for enemies of liberty who reject capitalism. Antifa has funding from wealthy donors who support their causes, along with grassroots crowdfunding. Anti-communist efforts are relatively weak in this department, so it is necessary to both increase crowdfunding efforts and seek out libertarian and/or right-wing billionaire patrons who can see the danger that communist rioters pose to their well-being.

20. 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 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.

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) from interfering 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

A newer edition of this article may be found here.

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.