The Not-So-Current Year: 2017 In Review

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The relationship between libertarianism and racial politics has become a controversial issue in recent years. Views on the issue run the gamut from complete opposition to imperative alliance, with nearly every conceivable position between being advocated by someone noteworthy. Many libertarians either provide the wrong answer or are afraid to address the question, so I decided to address libertarianism and support for ethnic nationalism.

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

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

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

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

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

Book Review: The Euro

The Euro is a book about the shortcomings of the eurozone currency project by American economist Joseph Stiglitz. The book makes a case against many of the policies pursued by European leaders thus far and recommends several alternatives, including further integration, a flexible euro, and the exit of one or more members. The book is divided into twelve chapters which explore different aspects of the problem and possible solutions.

A short preface details Stiglitz’s view of the economic problems of Europe as being largely attributable to the creation of a single currency zone without the creation of other institutions that are found in other such places elsewhere in the world. He compares the euro to the gold standard, repeating the flawed mainstream view that deflation is bad. His Keynesian approach to economics and thoroughly statist worldview is apparent from the beginning. That being said, Stiglitz appears to want to solve problems and correctly identifies some people and institutions as being uninterested in doing so.

The opening section begins with a chapter that expands upon the preface and outlines the rest of the book. There is little here that is not covered in greater detail later, so let us move on. In Chapter 2, Stiglitz argues that the poor results of the euro should have been expected because economic integration of this sort cannot come before political integration. Here, he contends that military might no longer shapes outcomes as it once did, but this is dubious because nothing short of a nuclear exchange that no one wants could have stopped the United States from conquering and colonizing Iraq if that had been the intention and American leadership had used its full power. So too for Russia in Ukraine and Crimea. His responses to other arguments for a single currency make more sense. He states the fallacious mainstream position on public goods, claiming without logic or evidence that it is impossible for markets to provide basic research and common utilities. This amounts to a confusion of collective action with state action. Even so, Stiglitz does recognize that localization is better than central planning from afar, though his disdain for German policies makes him inconsistent on this point. He then turns to economic integration, discussing the importance of German history with hyperinflation and its prominent role in modern Europe for understanding the European Central Bank. Next, Stiglitz writes about effect that a shared currency has on economic integration, which is mixed. Like many Keynesians, he accuses the market of failure when this is actually impossible; such events are actually failures of government, resources, or individual people. He also regards economics as scientific, even though the scientific method cannot be applied to subjects in which counterfactuals are so important but also unobservable. As usual, the word ‘neoliberal’ says more about the person using it than anything else. He concludes by arguing that there is a democratic deficit in Europe, even though he argues elsewhere in the book against incentive structures which are necessarily part of any democracy.

Europe’s lackluster economic performance since the 2008 crisis is the subject of the third chapter. Stiglitz begins by claiming that Keynesianism is a success because it has lengthened business cycles and shortened downturns, but it has also made the downturns that do occur so much worse that markets were better off before such interventionism. Much of the chapter consists of empirical data for Europe since 2007. When discussing unemployment, he seems not to recognize that unemployment benefits subsidize a negative behavior and will thus produce more of that behavior. Stiglitz relies upon the Gini coefficient when discussing inequality, which is a faulty metric because it measures pre-tax income rather than after-tax consumption. This causes it to exaggerate the amount of income inequality. His detailing of the long-term adverse effects of recession in terms of destroyed human capital is largely correct, but he again recommends interventionism that tends to worsen such problems. He also takes the position that the state should protect those at the economic bottom, though almost every economist would avoid social Darwinism on this front. Stiglitz then commits a fixed pie fallacy by arguing that trade surpluses necessarily cause trade deficits elsewhere, when the reality is quite different. He concludes by correctly noting that the counterfactuals help critics of the euro, and that there is no better explanation for many of Europe’s troubles than sharing a common currency across uncommon societies and economies.

The second section argues that the euro suffers from a flawed initial design. In Chapter 4, the requirements for a single currency region to be successful are considered. Here, Stiglitz uplifts full employment and market stability as goals while denouncing those who favor economic freedom as a “lunatic fringe.” This leads him to contemplate a false dilemma between national control of money and supranational control. He blames market fundamentalism (which he calls neoliberalism) for the crisis of 2008, despite the fact that markets were altered by central bankers in such a way as to cause the crash, which he all but says elsewhere. In explaining the differences between the United States and the eurozone, Stiglitz highlights the freer movement of Americans, the identity of Americans at the national level rather than the state level (at least in modern times), and the federal nature of monetary and fiscal stimulus. He is correct to say that there must either be “more Europe” or “less Europe,” but sides with the former. He describes the Keynesian theory of business cycles, but makes no mention of the Austrian theory. Stiglitz then repeats the tired fallacy that austerity caused the Great Depression and the current malaise, rather than central bank shenanigans and tariff policies. His blame for the gold standard is similarly misguided. He somewhat fixes an error from the previous chapter by clarifying that trade imbalances are not a problem if currency exchange rates can change to compensate for them. He straw-mans the laissez-faire position on unemployment by saying that it views unemployment due to market adjustments as good rather than as simply necessary. Stiglitz then gets a few points correct: low wages undermine worker morale and productivity, falling wages may not amount to falling prices if firms are worried about their solvency, and monetary stimulus has a breaking point at which interest rates cannot be lowered further. But he again blames the private sector for being excessive when it is only reacting to perverse incentives created by governments and central banks. There is little to fault in Stiglitz’s explanation of why currency areas are prone to crisis except for the preceding error, but it never occurs to him to simply not have such an area. The chapter ends by repeating many of the fallacious arguments from the previous chapter concerning trade surpluses and deficits.

The fifth chapter considers the economic divergence of the eurozone countries. Stiglitz argues in favor of institutional frameworks to prevent the need for bailouts, as well as funds to make depositors whole and provide bailouts. This ignores the moral hazard created by such a regime that causes bankers to take excessive risks, as well as the powerful incentives that an absence of protection would have on depositors to act responsibly and hold bankers accountable. His view of regulation is starry-eyed, missing the entire concept of regulatory capture. This is especially striking, given his focus on institutional capture in the following chapter. Stiglitz rightly complains of capitalized gains and socialized losses among bankers. In his consideration of other sources of divergence, he again fails to consider the possibility of turning over infrastructure to private development, instead proposing expansion of the European Investment Bank, which is certain to become another statist boondoggle. His view of knowledge markets is flawed in the same manner as his view of economies; it fails to account for the distortions that statism necessarily causes which lead to various types of failure. He concludes the chapter by showing how policies in the eurozone have caused greater instability, but cannot seem to avoid blaming the private sector for responding to the incentives imposed upon it.

In Chapter 6, Stiglitz examines the European Central Bank. He begins by saying that open markets and free competition can efficiently allocate resources only in the presence of adequate government regulation. This is a contradiction because an absence of government regulation defines an open market with free competition. His arguments concerning the inflation-only mandate of the ECB and the problems it causes would be much stronger if the Austrian business cycle theory were anywhere to be found in the book. His description of events in Chile under Pinochet does not agree with the long-term result of economic prosperity relative to the rest of South America and neglects how much worse conditions would have been under Salvador Allende. His claim that markets are supposed to be efficient and stable are a straw man; instability in the form of creative destruction and inefficiency by some metrics rather than others are inherent in a market economy. Stiglitz correctly writes that monetary policy is always a political question, pitting creditors against debtors for control of the central bank. But he leaves unclear how democracy is supposed to hold central bankers accountable. He also must not know any libertarians, or he would know that some people have proposed taking away spending power from governments to ensure that they do not misbehave. The chapter ends with a history of fashionable central bank policies over time and what was wrong with them from a Keynesian perspective.

The next two chapters delve into the Greek situation in particular, as Greece has suffered a more severe economic crisis than any other eurozone country. The seventh chapter explores the effect that the Troika’s policies had on countries in crisis. Stiglitz accuses some European leaders of acting in bad faith by purposefully attempting to punish governments with different political views from their own, which may be accurate. He continues his misguided attack on austerity, though it has more merit against what Europeans have actually done than against real austerity. He correctly explains the problem with primary surpluses, but then commits the broken window fallacy by embracing Keynesian multipliers. Stiglitz accurately diagnoses the problems of increasing taxes, but seeks to aid governments in collecting them rather than encourage economic freedom and stronger property rights. He describes his ideal system of property taxation in the same tone that a proud and unrepentant thief might use to boast of his crimes. Although he is correct to say that particular moves toward privatization and economic freedom may produce adverse results in particular contexts, this is a justification not for state intervention, but for undoing even more statism so as to remove the problematic context. Stiglitz notes that the hegemony of American military power has put Europe into a Pax Romana problem in which it cannot fend for itself against a real threat, but advises that this problem be worsened in the name of fiscal restraint. He compares reductions in pensions to wage theft when the two are clearly different. It is the responsibility of workers to figure out that they are being offered terms which may be impossible for the employer to meet in the future and practice caveat emptor. As for bank bailouts and debt restructuring, Stiglitz describes the situation well except for his faulty view of austerity.

Chapter 8 delves into structural reforms in Greece that made matters worse. Again, Stiglitz’s views of austerity and democracy corrupt an otherwise sound analysis of trivial and counterproductive actions taken by the Troika. He claims without proof that industrial policies are required to advance countries that are lagging behind in technological development, neglecting that markets are not doing this because they are either disallowed from doing so or are assuming that the state will do this for them. He criticizes intergenerational transmission of advantage and seeks to use the state against it, when it should be championed as both eugenic and important for maintaining a natural aristocracy. Stiglitz argues for a price on carbon emissions and claims that the private sector will not address climate change, when again the state has kept this from happening. He finishes by discussing counterfactuals, which is interesting given his empiricist thinking on economics.

The final four chapters deal with various proposals going forward. In the ninth chapter, Stiglitz offers his advice for fixing the eurozone. As before, he embraces what Henry Hazlitt called “the fetish of full employment” as the goal of his policy proposals. Much of the content of the chapter rehashes proposals from previous chapters. He seeks to create common deposit insurance and common resolution while abolishing place-based debt within the EU. This will create moral hazards and work against people who wish to escape debt slavery inflicted upon them by their ancestors. He calls for wages to be raised in countries with surpluses, which will lead to unemployment in those countries as workers whose labor is not worth higher wages are laid off. He fundamentally misunderstands precious metals, failing to understand their role as a store of value and medium of exchange, even if no longer officially used in such capacities. Stiglitz seeks to make the financial sector and other corporations serve society, but fails to recognize that the organs of a statist social order inherently and irrevocably serve themselves at the expense of the society. The shortsightedness of markets of which he complains is actually caused by the institutions that he seeks to use to solve the problem. One of the few sound recommendations made in this chapter is the creation of a super-Chapter 11 bankruptcy procedure to quickly restructure debt. He goes on to propose that EU taxes be based on citizenship, and that some of the proceeds be used for foreign aid or resettlement of migrants, further impoverishing and culturally endangering Europeans.

Chapter 10 examines the possibility of what Stiglitz calls “an amicable divorce,” in which countries exit the eurozone. He considers the example of Grexit, or Greece returning to its own currency that he calls the Greek-euro but would probably be called the drachma, as it was before the euro. He proposes that Greece create a new electronic currency to ease concerns over producing coins and banknotes, stop tax avoidance, bring everyone into the financial system, and facilitate the ability of central banks to create credit. Stiglitz fails to consider that people are likely to reject such a system in favor of cryptocurrencies, which have all of the benefits of such a system without most of the drawbacks, and that such a system could offer states tyrannical control over their citizens. His view of credit indicates magical thinking, although this is quite common in modern financial circles. He again blames the private sector for problems caused by politicians and central bankers, while ignoring peer-to-peer lending as a substitute for modern credit systems. Stiglitz describes a potential system of credit auctions which could be abused with much the same ease as the current system. He admits and supports what should be abhorrent to any decent person: that fiat currencies are ultimately given value by extortion in the form of taxation. Stiglitz correctly says that a new Greek currency would enable them to devalue it to correct trade imbalances, but his proposed system of trade tokens for the same purpose would be redundant. He equates deflation with a deficiency of aggregate demand, neglecting the possibilities of an abundance of supply or improvements in efficiency and/or quality. His description of currency change as a debt restructuring is insightful. To end the chapter, Stiglitz considers the alternative of Germany leaving the eurozone, though it is unlikely that they would give up their current position of power so willingly. This segues into the topic of the next chapter, which is a flexible euro consisting of several subdivisions.

Stiglitz uses Finland as a counterexample against those who claim that profligacy in southern Europe is to blame, rather than the structure of the eurozone. Most of his argument here is correct, except for his view of austerity. His proposal in this chapter is to have several eurozones with fluctuating exchange rates, which could be brought closer together over time as political integration occurs, eventually resulting in economic integration. The details are borrowed from the previous two chapters. Though more likely to succeed than the proposals in those chapters, it is also the least likely to be adopted. Stiglitz correctly recognizes that having a single currency area is an interference in the market in and of itself, monopolizing exchange and interest rates in the area, but cannot seem to fathom that his flexible euro proposal also does this on a smaller scale. He claims that it can be better not to simply rely on prices for the allocation of resources, but does not explain how to solve the local knowledge problem or the economic calculation problem in a superior manner. He also says that history shows free banking to be a disaster, when the truth is quite the opposite.

The final chapter sees Stiglitz review many themes from previous chapters, but he also covers topics which are barely mentioned elsewhere. He denounces anti-immigrant groups in Europe, which are only trying to resist demographic replacement by a ruling class that they did not ask to replace them. So much for the “democratic accountability” that Stiglitz extols in the same breath. He blames right-wing economic ideology for rising inequality in the United States beginning with the Reagan administration, but incomes really began to diverge ten years earlier, when Nixon ended the gold standard. Stiglitz expresses a desire to preserve the Enlightenment values of Europe, but cannot comprehend how letting in migrants with distinctly anti-Enlightenment values will jeopardize that mission. On the issue of trade policy, he understands that free trade is not always best for all parties involved, as it can destroy important societal arrangements that prevent conflict. But then Stiglitz incredulously asks how one could have expected that Europe’s leaders would create such economic dysfunction, with massive unemployment and lack of economic security. The answer is that a proper amount of cynicism would require such an expectation.

Overall, the best thing that can be said for the book is that it is not an effort made in bad faith. Stiglitz correctly identifies many of the problems with the current state of affairs in Europe and seems to want to help, but his proposed solutions are thoroughly misguided. Despite his palpable disdain for Milton Friedman and other Chicago School monetarists, he suffers from one of the worst of their faults: a desire to solve the immediate problems set before him combined with a lack of broader perspective. This leads him to propose a banking system which could be used to terrible effect against political dissidents, tax collection schemes that would indicate criminal intent in any non-statist context, and forced political integration by means of stealth and subterfuge. He also seems to believe that everything would be fine if only state power were used by the right people to implement the right policies. It never occurs to him that the power itself might be the problem. The Euro is an interesting case study in leftist economic thought, but those looking for real solutions to Europe’s economic woes should keep looking.

Rating: 2.5/5

On Consumerism, Corporatism, Time Preference, and Modernity

Consumerism

Capitalism is often blamed for consumerism. It is almost a certainty that whenever leftists run out of other arguments, they will make an argument related to consumerism. Consumerism is almost universally despised by people who have higher ideals, so it is easy to point out consumerism and then act as if it is an argument against capitalism. One reason for this is that socialism, the other major economic system in the modern world, eventually leaves people with nothing to consume, so capitalism is an easier target. But socialists make multiple critical errors in blaming capitalism for consumerism. While it is certainly true that capitalists benefit from a consumer culture, and that the capitalist system will not be toppled when people are attracted to consumer culture, this does not mean that capitalism as a system of free enterprise and private property is by necessity a cause of consumerism or oriented around consumerism. Furthermore, the capitalist class itself will be subject to consumerism and themselves be as hurt by it as anyone else.

When we look at why people engage in consumerism, we can see several major trends that cause consumerism. The first is having a corporate structure when it comes to enterprise. This means that for there to be consumerism there must be people who advance consumerism. There would be no consumerism if there were no beneficiaries of consumerism, and honest businesses do not need consumerism. Corporations are not honest businesses, as they hide behind a legal fiction created by the state. Without corporate structures, which are entirely constructed by the state, there is no party who would advance consumerism. Second, there must be people who are willing to engage in consumerism. Whereas people who have their lives figured out and have purpose beyond themselves do not turn to consumerism, these must be people who have nothing better to do than to consume. Such people see their lives as a series of capital transactions in which they seek immediate gratification. Consumerism cannot develop within healthy societies where people have cares beyond their own immediate interests. Third, consumerism requires that these people have money, as they cannot consume without first gaining access to a sufficient amount of capital. Thus, consumerism requires an abundance of consumer goods and services. Fourth, there must be a high social time preference within the society because people need to seek immediate gratification to value consumerism instead of being personally disgusted by engaging in consumerism. Finally, it is not only necessary that people have personal abundance, but that the capital structures that produce consumer goods are well-maintained. These capital structures will be maintained when people consume, but high time preferences will necessarily cause a form of stagnation, as there is insufficient investment to facilitate growth.

Corporatism

It is undeniable that the modern economy is largely driven by giant corporate structures, and it is similarly undeniable that these corporate structures are based on making as much money as possible in the shortest amount of time. Making profit is not inherently bad, but it is necessary to account for time preferences. The strategy used by megacorporations once they have attained their status is not to build up a honest reputation and a good name as valuable providers of quality services, but rather to profit in the moment and then leverage this profit for future gain. This is why many corporations operate in debt; they hope that they can be propelled by their profit and obtain investors by providing the potential for returns. This has much to do with the nature of corporations. Corporations are entities partially separate from the people and property legally represented by them. They shield people from personal responsibility, which creates a wide range of perverse incentives. If businesses were fully accountable, then there could not be such a large amount of corruption within them or such a high time preference by them. Without the ability to sustain debt through lack of responsibility, businesses would have to lower their time preferences.

Not only does the state indirectly advance predatory business practices in allowing corporate structures to take shape, the state also directly allies with corporations. Whereas attempting to create a corporation without involving the state will have no effect, incorporation is a government program and a corporation is a public-private partnership. Furthermore, politicians are funded by corporations, and corporations get special benefits from the state as a return on their investment in political connections. The result is that the state has been overtaken by corporate power, and the two work symbiotically in order to enhance their parasitism upon the rest of society. The largest corporations need their licenses, privileges, regulations, and other such competition-stifling measures to maintain their position, while the state needs to have control over the economy to maintain its position. Corporations are the only entities that can truly ensure that the economy is not outside the state. The entire modern political system is based on a mutual reassurance between corporations and the state, and separating the two at this point will cause an economic collapse.

At the highest level of business, the image of the humble CEO or board manager who does what needs to be done is a misconception; the people who run megacorporations are not the most virtuous people. Big business is not oppressed, and is not some heroic figure from an Ayn Rand novel who is fighting against the state for the freedom to compete in the free market. Rather, through regulatory capture, big business uses state power to oppress small businesses and individuals who seek to compete with them. For these reasons, the corporation is a fundamentally anti-capitalist institution.

Time Preference

There are the situations in which the state directly incentivizes high time preferences. People who are struggling financially are far easier to control than those who are financially secure. By contrast, when people save money and accumulate wealth, they are less influenced by the state. The state can make use of this to artificially create and expand a consumer culture by inflating away savings. This is done by printing fiat currency that loses its value over time, then watching people impoverish themselves by using that currency. People may have an abundance of consumer goods, but they are constantly struggling financially and feel as if they are much poorer than they are. These reckless spending habits that are bound to impoverish the spenders are extremely beneficial to the state and the politically connected corporate elites. Furthermore, the state can tax people more on their purchases if they spend beyond their means. It will also create more possibilities for taxing artificially successful businesses when they inevitably expand due to the calculation with inflationary currency being favorable towards them. However, this is unsustainable and always results in an economic contraction. Unfortunately, the state can also exploit this by picking winners and losers, bailing out favored megacorporations, creating new social welfare programs, and expanding the grip of central banking over the economy.

Having high time preferences also leads to an economy based on debt, in which people spend more than they have, and both governmental and private institutions support this spending. Banks earn most of their income from this overspending and from people who are unable to pay them back in full. Due to this over-reliance on debt, the population as a whole is saddled with debt that can feel impossible to ever pay off, which can cause them to lose their motivation in life. The population will be easier to control by both the state and the banks that run this debt-based economy, as the agencies who provide the debt for the economy are the agencies who make the reliance on debt possible. Easy debt also leads to price inflation, as there is more market demand without a corresponding increase in market supply.

People get addicted to debt when they need to spend more than they have. However, this results in a problem when a person’s available collateral shrinks in comparison to their debt. They will eventually hit a wall where they can take no more debt unless and until they pay off their old debt. This is a debt trap in which people must repeatedly take on new debt to pay off old debt, all while interest accumulates and clearing their debt is impossible. This keeps people from being able to prosper, and the number of people trapped under such a burden is increasing. This, in turn, causes much greater class divides, as lower-class individuals who do not keep a store of capital that they can use for various ventures will be unable to make profitable investments. They will always be subject to one boss or another and will never experience true independence.

None of this is the fault of a capitalistic economy, but rather the high time preferences exhibited by the consumerists. On the contrary, capitalism is the most benevolent aspect of this situation, as it punishes the destructive habits of consumerism. These people are stuck in poverty not because of capitalism, but because of their own consumption habits amplified by state interference. Their lack of advancement is not an unfair punishment, but rather a sign that they should change their ways. This requires a particular mindset of growth and improvement that is most often stunted by public education and the degenerate culture which most people inhabit. This mindset requires that people actually trust the market signals they receive instead of seeing capitalism as a repressive entity. Escaping poverty requires a willingness to do what must be done instead of waiting for someone else to provide a handout. People who blame capitalism for holding them down while engaging in mindless consumerism are as children who eat too much candy, become ill, and also complain that they have too little candy.

Modernity

The modern society allows people to live a life without meaning. It removes church as a higher spiritual goal, community as a higher social goal, family as a higher personal goal, and even denies the importance of individual goals that a normal person might have. Through the lens of modernity, it is better to remain free and untethered rather than have a family. Looking out for one’s own interests at an individual or group level is derided as selfishness that ignores the greater good of society or hateful racism. By society, modernists do not refer to the disaffected small villages or the impoverished sections in urban communities that are in the greatest need of strong and healthy communities. Instead, they almost exclusively refer to a central state and imply that people are only worthwhile when they work for the state or when they work for nothing of value. They only see the state as a representative of society, with the only acceptable substitute to focusing on the state being pure hedonistic nihilism. Ironically enough, this mindset is most often heard coming from people who oppose capitalism on the basis of it being anti-social.

People are thus left without a greater meaning to work towards. They are left not providing for themselves, their family, or something else they hold dear. People are left as freely floating agents who are reduced to nothing other than consumers, and material pleasures are the only things that allow these people to tolerate the otherwise meaningless lives that they lead. They are not some great paragons of modernity, but rather embody the lowest state of rot and decay.

Conclusion

Consumerism is caused by progressivism, corporatism, and impatience. Capitalism is nowhere near the root cause of consumerism. Free enterprise and private property do not create such a propensity to consume over doing more meaningful things. The reason why consumerism is such a prevalent phenomenon is not because there is too much capitalism, but because people lack self-restraint or purpose and are encouraged by the state to live in such a manner.

Eliminate The Debt Ceiling

The United States debt ceiling is a limit placed on the amount of money that the federal government can borrow. This is done by placing a cap on the amount of national debt that can be issued by the US Treasury. About 99.5 percent of the debt is covered by this ceiling, but $238 million in United States Notes and $74 billion owed by the Federal Financing Bank as of September 2016 are not covered.

Because the ceiling applies to the total national debt rather than to annual deficits, and expenditures are authorized by separate legislation, the debt ceiling does not directly limit government spending. As the Government Accountability Office explains, “The debt limit does not control or limit the ability of the federal government to run deficits or incur obligations. Rather, it is a limit on the ability to pay obligations already incurred.”

When this occurs and the ceiling is not increased by legislation, the Treasury must resort to “extraordinary measures” such as suspending investments into federal employee retirement funds or exchanging Treasury securities for non-Treasury securities. Should such measures be exhausted before Congress agrees to raise or suspend the ceiling, a default on at least some of the national debt would occur. Most mainstream economists believe that this could cause an economic depression as well as a financial crisis.

Whether the nature of this ceiling should be altered and whether such a limit should exist at all are subjects of debate among economists and political commentators. This article will overview the history of the debt ceiling, make the case that it should be eliminated on both practical and moral grounds, and deal with common objections to elimination.

History

Article I, Section 8 of the United States Constitution gives Congress sole authority to borrow money on national credit. Between 1788 and 1917, Congress would pass legislation to authorize each bond issue by the US Treasury, with the particular amount specified in each legislative act. This would authorize specific loans in some cases, while in other cases the Treasury would be given discretion over which type of debt instrument to issue for specific purposes. Except for a short time in late 1835 and early 1836, the federal government has continuously had a national debt. Although there were parliamentary procedural rules concerning debt limits, there was no debt ceiling in the current form until 1917.

In 1913, the Sixteenth Amendment and the Federal Reserve Act both became law, which greatly expanded the taxing and spending capabilities of the federal government. As originally defined, the Federal Reserve was not allowed to purchase debt instruments from the US Treasury because members of Congress understood the fiscal danger that could arise from granting such permission. The desire for financial flexibility regarding American involvement in World War I led Congress to pass the Second Liberty Bond Act of 1917. This Act allowed the Treasury to issue bonds and take on other debt without specific Congressional approval, and allowed the Fed to purchase Treasury instruments. The debt ceiling was created as part of the deal to pass these changes, and took the form of limits on the aggregate amount of debt that could be accumulated through each category of debt, such as bills and bonds.

In 1939 and 1941, Congress passed the Public Debt Acts, which establish an aggregate limit on nearly all federal debt. Since then, the mechanism for raising the debt ceiling has been to amend these acts. The 1939 Act consolidated the separate limits from the 1917 Act into one limit, while the 1941 Act raised the debt ceiling to $65 billion, eliminated the tax exemption of interest and profit on government debt, and consolidated almost all government borrowing under the US Treasury. The Act was amended to raise the limit in each of the next four years, then the limit was reduced from $300 billion to $275 billion in 1946. Increases resumed in 1954, and there have been 72 increases and four decreases since then, with no decrease since 1963. As such, the debt ceiling has usually been a mere formality. After the Budget and Impoundment Control Act of 1974 created more opportunities for Congress to hold debates and hearings on the federal budget, the debt ceiling became less useful as a budgetary tool.[1] From 1979 to 1995, the Gephardt rule was in effect, which was a parliamentary rule that deemed the debt ceiling raised whenever a budget was passed, effectively nullifying the debt ceiling during that time. This rule was removed during the resolution of the 1995-96 government shutdown.

Treasury first implemented extraordinary measures on December 16, 2009 to avoid a government shutdown. Due to the lack of normal annual budgets during the Obama administration, Congressional Republicans used the debt ceiling as leverage for deficit reduction in 2011. This nearly caused a sovereign default, with Standard and Poor’s downgrading the United States credit rating and the Dow Jones Industrial Average dropping 2,000 points in late July and August. The Government Accountability Office estimated that this incident raised borrowing costs for the government by $1.3 billion in 2011, and the Bipartisan Policy Center extrapolated this estimate to $18.9 billion from 2011 to 2020. The debt ceiling was reached again at the end of 2012, which led to the Treasury adopting extraordinary measures again, as well as far more absurd measures being proposed.

On February 4, 2013, President Obama signed the No Budget, No Pay Act of 2013, which suspended the debt ceiling for the first time. This lasted until May 19. During that time, Treasury was authorized to borrow to the extent that “is required to meet existing commitments.” On May 19, the debt ceiling was raised to $16.699 trillion to accommodate borrowing performed during the suspension and extraordinary measures were resumed. In order to avoid a default when extraordinary measures were exhausted on October 17, the debt ceiling was suspended a second time until February 7, 2014. On February 12, the Temporary Debt Limit Extension Act suspended the debt ceiling until March 15, 2015, at which Treasury used extraordinary measures yet again. The debt ceiling was suspended again on October 30, 2015 until March 2017, and the suspension has been extended until the time of this writing.

Before And After

To begin making the case against the debt ceiling, let us consider the effect that having a debt ceiling has had on the national debt, which will show the effectiveness of the debt ceiling at reducing government spending over the long-term. Records begin in 1790, with the debt at the beginning of that year at $71 million. The debt grew to $127 million in 1816 from the War of 1812, then was steadily paid off until reaching zero in 1835. It would never be paid off again, growing gradually starting in 1836, then up to $68 million in 1851 as a result of the Mexican War. The next low was at $29 million in 1857. The Civil War caused an unprecedented debt, going from $91 million in 1861 to $2.77 billion in 1866, an increase of 2,962 percent. The next low was $1.55 billion in 1894, just before the Spanish-American War and other expansionist endeavors. The gradual growth during the early 20th century was accelerated by World War I, going from $3.06 billion in 1915 to $27.39 billion in 1919, an increase of 796 percent. Recall that the debt ceiling was instituted in 1917, with a national debt of $5.72 billion. The debt would be gradually paid off during the 1920s, reaching the next low of $16.8 billion in 1931. The debt grew again during the 1930s to fund government programs aimed at curtailing the Great Depression, reaching $48.96 billion in 1941. World War II ballooned the debt to $269.42 billion in 1946, an increase of 450 percent from 1941. The debt would never go below $250 billion again, gradually increasing past $300 billion in 1963. The Vietnam War accelerated the debt to $620.43 billion by 1976. In 1982, the national debt exceeded $1 trillion and has grown every year since 1958. On September 8, 2017, the debt passed the $20 trillion mark. Note that these figures do not include unfunded liabilities, which in recent times have become much larger than the official figure.

From 1790 to 1917, the debt increased by 7,946 percent, or 7.34 percent per year. From 1917 to 2017, the debt increased by 3,398 percent, or 8.5 percent per year. By this measure, the debt ceiling appears to be somewhat counterproductive for restraining spending, as the national debt has increased an additional 1.16 percent per year since its inception. However, one must be wary of cum hoc ergo propter hoc reasoning. National debts are influenced by a great multitude of variables, and attributing this change to a single cause would be fallacious. The larger role played by the United States on the world stage, with the attendant expenditures on military presence and foreign aid, contribute a great deal to the debt, as do social welfare programs, which were nearly nonexistent before 1917.

Now And Later

To make a stronger case, we must consider the current effects of having a debt ceiling versus the likely effects of eliminating it. In the process, we will make use of the neoreactionary concept of formalism. This is the idea that in human affairs, official reality should match actual reality, the underlying power dynamics should be brought into the open, and accounting practices should be honest.

The recent history is that the debt ceiling is always raised to avoid running into it. Starting in 2013, the practice has become to suspend the ceiling entirely. It goes without saying that a ceiling which is always raised and can be made to disappear is not really a ceiling at all. The effect of this is for the state to continually take on more debt rather than pay its bills properly. This is politically convenient, as it allows politicians to bribe voters with the fruits of the labor of their unborn descendants while avoiding the backlash that inevitably results from austerity measures. To call this a Ponzi scheme is an insult to Ponzi schemes, as all of the beneficiaries and victims in those scams are willing investors. A private sector Ponzi scheme involves no inter-generational debt slavery or other forced participation.

Although even the most ardent deficit hawks are loathe to be blamed for a sovereign default, the threat that a default will occur in this manner spooks investors needlessly. As mentioned earlier, the Dow Jones dropped 2,000 points in response to the 2011 debt ceiling crisis. If investors are convinced that a default may happen in spite of the apparent unwillingness of politicians to cause a default, then the markets will be sent into turmoil for no good reason.

Eliminating the debt ceiling would be a change that moves official reality closer to actual reality on several counts. First, the opponents of fiscal restraint know that those who would use the debt ceiling as a tool to reduce government spending will always cave before a default, even if they do cause the occasional partial shutdown of government functions. For this reason, their bluff is always called and they lose the hand by playing the debt ceiling card. Removing this card from the deck not only takes away an ineffective option, but forces reformers to seek out other methods which may be effective.

Second, eliminating the debt ceiling would signal that the federal government has no interest in paying off its creditors. It should be obvious enough that an entity which increases its debt burden every year for 60 years does not have fiscal responsibility as an objective, but the Treasury seems to have no shortage of lenders, especially because the Federal Reserve serves as a lender of last resort. Note that because the federal government monopolizes law, declares itself immune from suit, and has the firepower to repel those who would seek to collect by force, it is not accountable for the national debt in an absolute sense. Accountability thus becomes an indirect, external affair which would be aided by the consequences of signaling the aforementioned truth to the world.

The admission of no intention of paying off the debt, which is essentially an admission that a default will eventually occur, would make interest rates rise. This would be necessary in order to compensate investors for the fact that they may lose their principal, or at least take a haircut on it at some future date. Aside from the obvious benefit to savers, who would see financial progress for the first time in over a decade, the increased spending on interest on the national debt would force a combination of tax increases and spending cuts in other areas. This would make current supporters of government programs pay more for them up front through taxation and inflation, constrain the pathologically undisciplined federal government, and reveal the true priorities of the power elite when decisions about whom to tax more and which expenditures to cut are taken. As such, it both brings the underlying power dynamics into the open and makes accounting practices more honest.

Objections

At this point, let us consider some likely objections. First, there is the possibility that having no debt ceiling would cause the debt to grow even faster. The above examination of the history of the national debt suggests that this objection is ill-founded, as the annual percentage increase has been higher with a debt ceiling in place. But even if it is true that eliminating the debt ceiling would accelerate the growth of the national debt, this is not necessarily bad. The faster the debt accelerates, the sooner the events described in the previous section will occur, meaning that the current unsustainable dynamics will be replaced earlier than they otherwise would.

A second objection is that this course of action may cause an economic collapse. This is entirely possible, but again, not necessarily bad. The end of the United States dollar would result in either a monetary reform and/or the replacement of government fiat currencies with something more sound, such as a gold-backed currency or a cryptocurrency. Because the US dollar is the world reserve currency, the US government can abuse its economic system more than other governments can. Losing this status would be another step toward forcing the government to behave more responsibly, as it would curtail the amount of debt that can be issued by reducing foreign demand.

The resulting collapse of the bond market leads to the third objection that this would cause a great amount of hardship. However, one must remember that the investors in government bonds have bought instruments which are funded by extortion and debt slavery. From a moral standpoint, those who lose on such investments deserve to lose. That being said, this course of action does not actually cause the collapse; rather, it makes the inevitable collapse occur more quickly.

Conclusion

The debt ceiling was created with the intention of limiting the ability of the Treasury and the Federal Reserve to behave irresponsibly as they were allowed to provide more liquidity to fund World War I. But over the past century, quite the opposite has happened. The national debt has grown significantly faster than it did previously, and is now on a path toward default which is not reversible given current political realities. Eliminating the debt ceiling may seem like a counterproductive maneuver, but it would do much to formalize the true nature of the American fiscal situation. The only real debt ceiling is that established by lenders and creditors. When they deem a borrower to pose too much of a default risk, they stop lending and call in their debts, thus forcing the debtor to behave responsibly. The sooner this happens to the United States government, the better.

References:

  1. Kowalcky, Linda W.; LeLoup, Lance T. (1993). Congress and the Politics of Statutory Debt Limitation. Public Administration Review. 53 (1): p. 14.

The Case For Judicial Corporal Punishment

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

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

A History of Violence

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

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

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

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

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

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

The Coming of Prisons

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

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

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

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

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

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

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

Peace Through Force

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

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

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

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

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

Objections

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

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

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

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

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

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

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

Conclusion

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

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

References:

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

Twelve Observations On The Catalonia Independence Vote

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

References:

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

Privatizing State Security

The title of this article is an intentional contradiction. Not only is the modern state a coercive body that initiates and sustains itself through violence (thereby lying through its teeth about “national security”), but the real aim of this article is to bypass the state security apparatus altogether. In short, this article will make a modest proposal: in order to subvert the military-industrial complex, citizens and parallel alternative institutions should think of security in private terms.

First and foremost, security is the duty of individuals. Everyone should realize that nobody can care about their own lives as much as they do. Therefore, owning a gun or any other weapon is neither an extravagance nor an antisocial threat; it is the most effective means of protecting one’s most fundamental right, the right to life.

If a disability or some other impairment makes self-protection an impossibility, then families or communities should fulfill that role. In contemporary society, many people suffer when these steps of self-defense are bypassed completely and the state is given total control over security, especially those who live in urban centers or states with restrictive gun laws. The police cannot be everywhere at all times, and much of their time and effort is consumed by enforcing useless laws which actually endanger the public.

Besides inefficiency, relying on the state for one’s personal safety is a gross waste of money. On a national scale, there is no entity that drains the coffers quite like the Pentagon. Late in 2016, the Defense Business Board released a report criticizing the Pentagon for trying to cover up $125 billion in bureaucratic waste. Besides wasting roughly $400 billion on the clearly deficient F-35 Joint Strike Fighter, the United States military apparatus wastes taxpayer money on such vague extravagances like “overhead” and “administrative fees.”

If such monumental waste is not enough to convince people that America has a problem, then the continuing mess in Afghanistan should. After sixteen years of warfare, the Taliban is still holding large swaths of the country, ISIS is putting up a fight, and the government in Kabul remains mind-numbingly corrupt. This is what $714 billion of taxpayer money has won us so far.

President Donald Trump came into Washington, D.C. with promises of making “America First” not only an economic slogan, but also a foreign policy motivation. Before he became a candidate, he railed against the waste of the Afghan war and hinted that, if elected president, he’d pull US troops out of the country.

The president had a chance to do just that in August 2017. He chose instead to send a small, additional force of 4,000 troops—the type of force that is big enough to look like his administration is doing something, but too small to have any meaningful significance on the ground. Half-measures usually mean nothing, but half-measures really mean nothing if they do not go hand-in-hand with policy changes or new modes of strategic planning.

President Trump’s Afghanistan strategy should only merit our attention because it briefly shined a light on a true alternative. Erik Prince, the former US Navy SEAL who founded Blackwater USA and now runs Frontier Services Group Ltd., proposed replacing America’s military with private contractors. Prince’s solution promised to not only save $40 billion a year, but its establishment of a “viceroy” (an old imperial term that Prince used in a somewhat cheeky fashion) and a smaller, more specialized American military force would mean less bodybags coming home on C-130s every year.

Prince’s proposal was not only shot down like an enemy plane, but, while discussing his plans on NPR, Prince was labeled a “warmonger,” criticized for trying to undermine the morale of military NCOs, and lambasted by nominal liberals for denying the state its right to unlimited control over violence. Throughout it all, Prince kept reminding his opponents that private warfare is as old as prostitution, and is certainly not uncommon in American history.

Private warfare is due for a comeback. However, not all mercenaries are equal. Each type of private warfare that can be found in history has had its downsides. Several will be discussed below with an eye towards finding which one could be best utilized in the fight against the tyrannical warfare-welfare state. A private military ethos could not only break the back of warfare socialism, which has become standard in the United States with or without war, but it could also begin the process of conditioning American citizens away from thinking about the state as being synonymous with security.

The Freikorps Model

Right after the armistice to end World War I was signed, millions of German troops returned to a Germany that they thought would welcome them as heroes. That is not what happened at all. Following the declaration of the German Republic, which was controlled by the Majority Socialists (the Social Democratic Party, or SPD), many on the German left seized the opportunity to formalize Karl Marx’s dream of a communist German state. The most organized of these groups were the Spartacists, a collection of radical Bolsheviks led by Karl Liebknecht and Rosa Luxemburg (the latter of whom was a naturalized German citizen of Polish-Jewish ancestry). The Spartacists and their sympathizers briefly controlled Berlin, and were in certain parts joined in their rebellion by mutinous sailors from the major German port of Kiel.

For the Sparticists, this revolution was not only in fulfillment of Marx’s dream of a proletarian utopia in Europe’s most industrially advanced nation, but it was also a way to kill the “sellout” republic in its infancy. In this one respect they were right, for many of the Social Democrats like President Friedrich Ebert and Minister of Defense Gustav Noske were Wilhelmian patriots who had supported the war and who were not entirely committed to the aims of the leftist elements in their party.

The new government needed to put down these rebellions quickly. The problem was that several members of the German defense establishment were on the side of the communists. The Chief of Police in Berlin at the time was Emil Eichhorn, a member of the Independent Social Democratic Party of Germany (USPD) and a man dedicated to supporting the Bolshevik takeover of the Prussian capital. At one point, Eichhorn released several political prisoners, including several well-known communists.

Desperate to suppress this communist rebellion, the Republic turned to the new private militaries known as the Free Corps (Freikorps). Not wanting to return to normal life and what they saw as the constraining norms of the bourgeoisie, thousands of soldiers volunteered to serve in regiments headed by authoritarian junior officers. From the very outset, these troops loathed the new German Republic and saw its supporters as the chief reason why they lost the war (the “Stab-in-the-Back myth”). But, for the time being, Ebert and Noske believed that these battle-hardened veterans would need little encouragement to begin attacking communists on German streets. They were right.

However, in making a pact with the devil, the Weimar government spelled its own doom in 1919. After all, Freikorps soldiers despised liberal democracy and always saw the eradication of “Western” values in Germany as their raison d’être. In the book Vanguard of Nazism, Canadian historian Robert G. L. Waite quotes one Freikorps soldier as saying that their mission was always political:

“These people still believe that could build on the same lies and false sentiments with which—in spite of unheard of sacrifices on the part of soldiers—they had lost the war against the Western world. Now this lie was fulfilled through the acceptance of Western democracy. Now this blasphemy was made official. The western bourgeoisie had triumphed…We [the students of 1918] replied: We must become nihilists in order to crush tis rottenness underfoot.”[1]

Not long after performing services on behalf of the government, the Freikorps soldiers became, in their own words, “outlaws” who rampaged and pillaged ostentatiously on behalf of German nationalism, but, more truthfully, on behalf of their own desire for action. Freikorps units, which designated their commanding officers as Führer, believed in the principle of “primitive man.”

One of the admirers of Captain Hermann Ehrhardt, the leader of the best Freikorps unit, the Marinebrigade Ehrhardt, was positively described as having a “primitiveness and simplicity” that exuded a “stoic soldierly instinct” that had no time for “political or philosophical convictions.”[2] Such mindless destruction saw Freikorps units pillaging the Baltic territories on behalf of Germany and the White Russian Army. Other Freikorps soldiers found more appeal in the violent radicalism of the Bolsheviks and the Führer Vladimir Lenin.[3] These “Freebooters” craved action and violence. They became a law unto themselves, as evidenced by the Feme murders, a series of political assassinations that may have killed as many as 354 “traitors” on behalf of the German Volk.[4]

The problem with recreating a Free Corps movement in America is obvious: such political militias can never be fully trusted by owners of property or those who seek a stabilized social order. The Freikorps glorified in chaos, and chaos is the enemy of liberty. The story of the “beefsteak” Nazis (brown on the outside, red on the inside) also sheds light on the fact that Freikorps soldiers routinely switched their allegiances, especially between the two most powerful totalitarian ideologies.

While a Free Corps movement made up of American veterans may not be so prone to utopian ideologies, America in 2017 is not Germany in 1918. American degeneracy is caused by prosperity, not material poverty or the shame of military defeat.

The Condottieri Model

It is easy to romanticize the military engagements of the Middle Ages. After all, unlike modern wars perpetrated by nation-states, warfare during the medieval age was a small-scale affair between kings and their private armies. Most of the time, medieval cities and villages were left alone so long as they paid a fee and offered up no resistance. In Anatomy of the State, Murray Rothbard quotes F.J.P. Veale in saying that “the rich burghers and merchants of medieval Italy were too busy making money and enjoying life to undertake the hardships and dangers of soldiering themselves.”[5] Therefore, these townspeople hired foreign mercenaries to defend them. When a threat was neutralized and the job was done, these mercenaries were paid and told to go away.

The benefit of this system was that civilians were mostly left alone and could continue with life and trade. Theoretically, these mercenaries would try to avoid unnecessary casualties, and would only attack villagers and burghers if their payment was not forthcoming. Unfortunately, this is not always how it played out. As noted by Joseph R. Stromberg, many mercenaries of the Early Modern period set out to become territorial lords, which essentially meant that they began wars of aggression in order to claim private kingdoms. “Many mercenary captains aspired to become outright political rulers—men on horseback—rather than mere subcontractors in the business of security provision.”[6]

Although these mercenaries, known in Italy as condottieri, did not engage in the type of warfare that indiscriminately killed civilians or created undue hardships to lives and property, they nevertheless injected political chaos wherever they went. Then as now, mercenary bands attracted men of action who grow easily bored with too much peace. Such men are prone to engaging in conflict only to satisfy their boredom. In the 19th century, American filibusters (not to be confused with the parliamentary tactic) undertook private military expeditions to Latin America in order to aid local liberals, establish private fiefdoms, and/or spread the business of slavery. In the 20th century, adventurers have had a hand in destabilizing Germany, Africa, and Asia.

The idea of creating modern mercenaries in America is downright silly. First, foreigners should never be in charge of another nation’s security. Second, mercenary warfare in the presence of states is almost always offensive in nature, thereby making imperial expeditions all but a certainty.

The Militia Model

The militia has a long and storied tradition in American history. Militia troops were key to the American victory in the Revolutionary War, for militia units utilized small-scale tactics, guerrilla warfare, and targeted assassination of British commanders that forced the British to penetrate deep into the American hinterlands. This over-extended British supply lines, thereby making it easy for American militia fighters to win the day in small to medium-sized battles.

Militias are also synonymous with republics. The Second Amendment not only enshrines the right to self-defense, but the right to form militias as well, though both came under heavy attack by the Supreme Court in the intervening years. In a better world, all American communities would be able to form their own militias in order to protect their property rights and dissuade the vampiric state from overstepping its official limitations. Militias do not have to be standing forces, but it would be in the best interest of a community if all able-bodied men were well-trained and adequately prepared for emergencies and insurgency-style warfare. The best feature about militias are that their small size and local focus make them best-suited for defensive warfare rather than offensive warfare. Militias are not designed for long, extended wars of conquest. Rather, a militia unit is designed for low-intensity conflict wherein they have the advantage in regards to intelligence, knowledge of terrain, and maneuverability.

Modern America will undoubtedly recoil at the very proposal of forming militias. Thanks to a campaign of disinformation during the 1990s, when homegrown militias became synonymous with white supremacist politics and domestic terrorism, any militia that forms today will be quickly infiltrated by government agents. A militia directly threatens the state’s monopoly on violence. The state and its supporters know this. Look no further than the overreaction surrounding the standoff between Ammon Bundy and Western ranchers against the Bureau of Land Management. The same people who fret over “Islamophobia” and police brutality towards blacks were the same ones advocating for dropping bombs on American citizens.

Conclusion

The painful truth is that all these options would be snuffed out by the modern Leviathan state. From a purely logical perspective, an American Free Corps might work, so long as sympathetic junior officers decided that it was right to let their men become political soldiers. The US military has many regulations dictating what service members can and cannot do while in uniform. Therefore, any Free Corps creation would automatically go against the oaths that many of its potential members took upon enlisting in the US military. Most take these oaths very seriously.

The likelihood of American mercenary bands serving stateside is nil. While libertarian or right-wing mercenaries serving abroad is a bettter idea than current practices, these men will undoubtably face prosecution on charges of treason or terrorism for daring to fight for a country or an idea that goes against progressive liberalism.

In the end, a militia force makes the most sense if Americans are serious about maintaining their local liberty in the face of an increasingly tyrannical state. That said, this militia must function in strict secrecy. Wearing uniforms and bearing flags is a sure way to draw the attention of the FBI or local law enforcement. Conversely, without such uniformity, many military bands lose cohesion and fall into infighting.

Unfortunately, there are no perfect answers to this situation. The idea of a powerful state is now unthinkingly accepted by Democrats, Republicans, and centrists. Republicans rely on the votes of military members past and present, and so would be unlikely to support any measure that threatens the force and violence monopoly enjoyed by the Pentagon. Democrats would shriek “racism” and “terrorism,” and would run to the receptive state in order to have these units put down with extreme prejudice. It is also unlikely that many ordinary Americans will rush to join bands of guerrilla fighters, despite the promise of status and a bit of excitement.

At this point in time, the best thing that could be hoped for is that a wide swath of Americans would come to accept the reality that the security of their lives and the lives of their neighbors depends on them and their willingness to use force in defense of life, liberty, and property. This thought crime starts the process of rejecting the state’s monopoly on violence, and could ultimately lead to a new, more privatized model of security. But until we can produce more thought criminals, arguing over how to best create private security entities is a fruitless endeavor.

References:

1. Waite, Robert G. L. (1969) Vanguard of Nazism: The Free Corps Movement in Postwar Germany, 1918-1923. W.W. Norton and Company. p. 55.

2. Ibid, p. 165.

3. Ibid, p. 274-275.

4. Ibid, p. 216.

5. Rothbard, Murray (1974). Anatomy of the State. The Ludwig von Mises Institute. p. 49.

6. Stromberg, Joseph R. (2003). “Mercenaries, Guerrillas, Militias, and the Defense of Minimal States and Free Societies.” The Myth of National Defense: Essays on the theory and History of Security Production, ed. Hans-Hermann Hoppe. p. 219.

The Ethical Notions Of Personhood And Savagery

This article expands upon an essay found in Libertarian Reaction.

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

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

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

The Edge Of Personhood

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

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

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

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

Forming Morality

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

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

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

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

The Nature Of Savagery

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

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

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

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

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

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

Conclusion

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

Footnotes:

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

Why Price Gouging Is Good

When a natural disaster strikes, it is almost guaranteed that there will be yet another uproar about price gouging. Media pundits will take to the airwaves to virtue signal against people who would dare to exploit disaster victims. Government officials will use the crisis to score political points by portraying themselves as defenders of the common people against greedy capitalists. But how accurately does this reflect reality? Let us explore the nature of price gouging to see the economics of such a situation and explain the behavior of journalists and state agents.

Economic Forces

In order to intelligently approach the concept of price gouging, one must first define it. Price gouging is a sudden, sharp increase in prices that occurs in response to a disaster or other civil emergency. Though this defines the act well, it does not explain the mechanisms behind it. When a disaster approaches, there are certain goods that people wish to acquire in greater quantities than normal, such as clean drinking water, non-perishable foods, wooden boards for protecting windows, and so on. If supply is held constant, then this sudden increase in demand for such goods will produce a sudden increase in their prices.

If left unhindered by the state, this upward pressure on prices will produce important benefits. First, it serves as a signal to producers and distributors of those goods that more supply is needed. The producers and distributors thus learn where their goods are most urgently in demand, allowing them to engage in mutually beneficial transactions with disaster victims. This is how free markets are supposed to function in order to meet the needs of customers.

Second, price gouging encourages proactive preparations. A potential business model for a firm is to invest in equipment that allows it to operate when a disaster would otherwise force it to close, and use the proceeds from price gouging to amortize the cost of the equipment. This helps consumers by allowing them to purchase goods at higher prices rather than be left without essential items during a crisis.

Third, price gouging provides an important benefit by conserving the fixed amount of resources which are present before more deliveries can be made to the disaster area. The higher cost of scarce goods disincentivizes people from buying up supplies that other people need, thus helping to keep the items in stock. This keeps scarce resources from being wasted on marginal uses, directing them toward their most valued uses and the people who most need them instead.

Markets And Malice

Unfortunately, not every instance of price gouging is so benevolent. Business owners who seek to exploit vulnerable people in order to make money do exist. But engaging in such behavior in a free market produces a short-term gain followed by a long-term loss. In a pure capitalist environment, reputation is everything for a business. Whatever profits may come from gouging disaster victims in the present will be more than outweighed by the sales that one will lose in the future because of the damage that this does to one’s brand. After all, most people would view such behavior as adding insult to injury and vote against it with their wallets. Though it is impossible to accurately count sales that do not happen, to dismiss this effect as nonexistent is to commit the broken window fallacy.

Enter The State

Most people are economically illiterate, so they tend to focus on the malevolent type of price gouging and be unaware of the benevolent type. In a democratic state, this has predictable results. Politicians and other government agents will frown upon price gouging and seek to punish anyone who they believe to be engaging in it. But it can be difficult to distinguish the natural effects of demand spikes and limited supplies upon price from the efforts of greedy exploiters of disaster victims, especially for government officials who are too far removed from the disaster area to be intimately familiar with the economic dynamics there. Thus, all price gouging is suppressed by the state, and while this may protect a few people from exploitation, it causes more harm than good by disrupting the market signals which would have informed producers and distributors that their goods need to be sent to the disaster area. The end result is that scarce goods are depleted and not replaced, leading people to once more blame the market for failing them when the actual cause of their shortage was a government failure.

Suppression of price gouging has several deleterious effects. First, by placing price controls on goods, the state deprives entrepreneurs of the profit motive to bring additional supply to the disaster area. Without state inteference, people who live outside of the disaster area and are willing to travel there in order to bring supplies could charge enough for their goods to recover their travel costs and be compensated for the inconvenience of spending time in a disaster area, all while making enough profit to make such a venture more attractive than other economic opportunities. Price gouging laws remove such action, leaving only state agencies and altruistic private groups to provide aid. Note that like all government regulations, price gouging laws are subject to regulatory capture by the largest businesses.

Second, removing the incentive for proactive preparations makes untenable the business model for operating during a disaster described above. Third, removing the conservation effect of price gouging forces business owners to sell goods below their market-clearing price. This incentivizes hoarders to buy more than they need and scalpers to buy goods for resale. The existence of scalpers also makes desired goods more difficult to find, as resellers will be more difficult to locate than established stores. Thus, laws against price gouging do not eliminate the practice, but rather shift it from primary markets to secondary markets and cause a different set of people to profit. Taken together, these effects result in artificial scarcity that makes conditions in a disaster area even worse.

A Pair of Razors

Given the clear case in favor of price gouging, one may wonder why so many people in positions of political power rail against it. Reece’s razor suggests that we look for the most cynical explanation when attempting to determine a motive for state policy. No other possibility prioritizes the self-interest of politicians and their minions over the lives and properties of citizens quite like the idea that government officials want to suppress the natural response of markets in order to make government disaster relief agencies look effective and necessary, thus justifying their existence and expansion, so Reece’s razor selects it.

However, it is not in the rational self-interest of elected officials to increase the suffering of disaster victims who are capable of removing them from office in the next election. A better explanation is offered by Hanlon’s razor, which says that one should not attribute to malice what can be explained by stupidity. In this view, government officials are not trying to increase the harm done during a disaster; they simply know no better because they are just as economically illiterate as the electorate, if not more so. This razor is a better fit for the available logic and evidence.

Conclusion

It is clear that price gouging has an important economic role in ensuring that goods both go to those who need them most and remain available in times of emergency. Market prices are important signals that tell producers and distributors where their goods are most urgently needed. When the state interferes with this process by imposing price controls, it turns off the signal and incentives for market actors to send aid, encourages hoarding and scalping, and discourages conservation and farsightedness. These effects mean that laws against price gouging harm the very people that they are ostensibly supposed to help. Therefore, price gouging should not be punished by the state or demonized by the press.

On Immigration and Outlawry

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

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

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

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

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

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

Anarcho-Tyranny

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

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

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

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

The Concept and Practice of Outlawry

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

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

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

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

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

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

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

For A New Outlawry

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

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

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

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

Physical Removal

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

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

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

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

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

Objections

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

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

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

To ignore this is the height of political autism.

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

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

Conclusion

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

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

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

References:

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