Book Review: Libertarian Reaction

Libertarian Reaction is a collection of fifteen essays by Insula Qui. The book explores various issues from a libertarian reactionary perspective. The book is divided into three sections; one focusing on reaction, one focusing on liberty, and a long final essay.

The first part begins with an essay on the limits of libertarian ethics. In Savages, Qui deals with several types of humans who cannot be properly be considered people, and must instead be dealt with as lesser beings. The point that there is a difference between colonialism (the imposition of law and morality on people who have no rational conception of it) and colonization (a parallel development of law and morality while not imposing upon others) is important and oft-overlooked. The essay finishes with a denunciation of both Islam and communism as incompatible with libertarianism if each is to be practiced rigorously. The arguments are correct but elementary, which the author has since remedied elsewhere.

In Borders And Liberty, Qui weighs in on the debate over border policy, concluding that while state immigration restrictions are not libertarian and the only justifiable borders are private property boundaries, closed borders are a lesser evil than the forced integration imposed by modern states. He recommends restoration of the right to discriminate, sponsorship of and vicarious liability for immigrants by those who wish to bring them in, and elimination of welfare programs as methods of improving the current situation. References to support the assertions regarding demographics would improve the case made here.

Prerequisites for Liberty deals with the problem of humans who are not savages as described in the first essay but are nonetheless inclined to aggressive violence. Again, references to support demographic arguments would be helpful. Qui notes several obvious but underappreciated truths here, most notably that a libertarian social order cannot exist below a certain intelligence level, as this would preclude people from understanding the necessary rules of such an order. He correctly states that some people may convert to libertarianism by seeing it in practice instead of reaching it through reason. In fact, this is by far the more likely method of conversion in the near future. The role of hedonistic practices in damaging a social order are discussed, as is the folly of accepting non-libertarians into libertarian circles simply to grow numbers.

The next essay is Voluntary Ethnic Separation, and it explains the difference between what libertarianism requires one to accept and the common caricature of all such ideas as hateful racism. Qui shows great insight in tackling common leftist arguments here. He also makes the important point that collectivism can arise as a benign heuristic to help with decisions because people lack the capacity to deal with individuals beyond a certain point. However, the same demographic claims resurface without proper support. Finally, the point that ethnostatism could be a step toward breaking up large nation-states into more local forms of governance is overlooked by most libertarians, but not Qui.

The Antistatist Case for Monarchial Government is a longer essay that Qui included despite having changed his views on the matter, as he views it as being theoretically important. He makes a distinction between government (a manager of land and provider of essential services) and state (an entity that exercises a monopoly on initiatory force) which is lost on many people. He also explains that while a libertarian society would be imperfect, a state has even worse inefficiencies. Later, Qui hints at a potential problem with wilderness areas falling victim to a tragedy of the commons, but this could easily be solved by homesteading such areas. There are two significant errors here: a lack of accounting for the arguments made by Stefan Molyneux and others in favor of private dispute resolution organizations with regard to how law courts could function without a state, and a contradiction concerning redistribution and efficiency. The final part of the essay reads much like Hans-Hermann Hoppe’s case that monarchy is superior to democracy, and is reminiscent of the real-world example of Leichtenstein.

Qui tackles an uncomfortable issue that perhaps interests too many people in libertarian circles with The Libertarian Solution to the Age of Consent. He quickly rebuts the left-libertarians who wish to let children make decisions regarding sexual conduct, describing parenting of young children as a sort of regency until the child gains the ability to use reason. But Qui errs in saying that damages done by improper parenting are no different from any other sort of crime, as one can never truly be made whole from the lifelong detriments caused by improper parenting.

Dysgenics and Market Nobility discusses the corruption of the phrase “all men are created equal” from a statement of equality before the law into a belief in human biological uniformity. In doing so, he distinguishes between the natural elite of a free society and the power elite of a statist society, which are often conflated by leftists. Qui then explains how the two tend to work together in statist societies to keep the same families at the top for centuries rather than let the rags-to-riches-to-rags cycle properly play out. The essay then turns toward dysgenics, which refers to programs that have the opposite of a eugenic effect. The roles of feminism, sexual liberation, and welfare statism are examined in this light.

The first part concludes with Civilization and Natural Law, which makes unconventional but strong arguments in favor of censoring and physically removing people on the basis of their political opinions. Qui’s case is more utilitarian and reserved than it needs to be, but he still reaches the correct result that freedom of speech is a privilege that comes with owning property, not a fundamental right. He then finds that the solution to intractable differences between people and groups is mutual discrimination and exclusion, as forced integration necessarily results in racial tensions.

The second section begins with The Freedom of Government, which revisits themes from several of the previous essays. Qui makes a powerful case that people who claim to believe in democracy but deny people the self-determination to choose their form of governance are charlatans. He also observes that a large enough number of small monarchies is effectively equivalent to a libertarian social order. The only problem with this essay is brevity, as more explanation of each point would greatly improve the presentation.

The Curse of Citizenship explores how the modern state makes its subjects into cogs of its machine through citizenship as a legal concept. Qui shows that democracy, contrary to leftist propaganda, only makes this worse by providing an otherwise absent appearance of legitimacy. He correctly recognizes the futility of localism as an ultimate strategy, as it fails to account for the supremacy of higher levels of government. But his contention that “corruption within the state is nothing other than the people who are creating the illusion themselves being aware of the illusion” is misguided; one can have this knowledge without weaponizing it into corruption, and one can be corrupt without such an awareness.

In The Role of Co-Operation in Competition, Qui refutes several myths about capitalism. First, he proves that capitalism is not as anti-social as its critics claim. Second, he corrects the misconception of competition as being necessarily aggressive in nature. Third, he explains how competition can actually be a form of cooperation, in that individuals or groups can agree to compete in order to find out which methods are superior. Qui segues into several examples of cooperation that are not strictly competitive, such as food companies co-marketing with drink companies and agreements between private road companies. To complete the argument, he examines how the contrapositive is also true; namely, that removing competition also removes an incentive to cooperate. He finishes with a brief discussion of cartels and makes the insightful observation that a labor union is not commonly recognized as a cartel, despite functioning much like one.

It is only in Reverse Claims to Property that Qui truly goes off the libertarian reservation in his thinking, though he admits at the beginning that he may be doing so. Here, he tries (and fails) to invent an inverse of property rights to resolve questions of state-occupied property and wilderness areas. Qui again neglects other libertarian theories on how to deal with pollution. This un-ownership would, as he suggests, legitimize rights violations in some cases.

In Who Watches the Watchmen, Qui explores the libertarian answer to this age-old question, namely that the watchmen (in the form of private defense agencies) all watch each other. Here he enters an off-topic though informative discussion on the impossibility of eliminating the state by democratic means. He then returns to the topic to find that re-establishment of a state is the worst case scenario in a stateless society, but all economic and military incentives work against it. That it is the worst case means that all other outcomes must be better, setting this particular objection on its ear.

National Defence Without Coercion is the last essay in the second part, and it deals with the subject at length. Qui begins by noting the common fallacy committed by statists: using a state to defend people against other states does not change the fact that people are subjugated by a state; it only changes which state is in control. He covers the basics of how a private defense agency should function, but is a bit too enamored with nationalism. His comparisons between a private defense agency and an insurance company make one wonder where such arguments were in earlier essays. The latter part includes some novel thought on how the facilities of a private defense agency might be employed in other ways during peacetime. The conclusion discusses the difference between pre-modern gentlemen’s war and modern total war, with libertarianism likely to end modern warfare and return us to the less destructive pre-modern type of warfare. This essay and the previous essay could have been combined.

The final part consists of one much longer essay titled Examining Cultural Destruction. Qui examines the causes and symptoms of cultural decay, then proposes solutions. The role of the state and central banking in reducing time preferences is explained, then Qui shows how capitalism makes this worse not by being bad in and of itself, but by amplifying whatever inputs it receives. Egalitarianism is blamed in the Rothbardian sense of a revolt against nature, as is the loss of autonomy and identity that statism causes. Symptoms of these causes are identified as the demonization of productive work, the collapse of stable interpersonal and family relationships, the loss of spiritualism and hierarchy, the ascent of shallow materialism, the prevalence of escapism, and the expansion of empiricism into inherently rational disciplines. To solve these problems, Qui recommends absolute private property rights, abolition of central banking and as much of the state as possible, and a restoration of traditional values.

The first word that comes to mind when describing the entire collection is ‘incomplete.’ Qui lacked an editor for the book, and it shows. The grammatical constructions and punctuation are frequently in need of revision, and each of the essays would benefit from a much deeper bibliography. But the thoughts expressed therein are sufficiently intriguing to merit reading despite these flaws.

Rating: 4/5

The Case For Judicial Corporal Punishment

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

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

A History of Violence

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

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

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

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

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

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

The Coming of Prisons

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

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

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

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

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

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

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

Peace Through Force

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

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

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

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

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

Objections

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

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

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

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

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

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

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

Conclusion

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

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

References:

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

Guns Are The Only Bulwark Against Tyranny

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

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

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

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

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

Self-Defense, Crime, and Suicide

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

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

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

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

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

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

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

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

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

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

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

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

Tyranny and Rebellion

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

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

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

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

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

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

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

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

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

Government Failure

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

On Citizenship And Casual Totalitarianism

This article expands upon an essay found in Libertarian Reaction.

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

Control Through Law

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

Citizenship and Personhood

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

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

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

Casual Totalitarianism

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

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

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

Ending Totalitarianism

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

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

Twelve Observations On The Catalonia Independence Vote

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

References:

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

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.

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

Thirteen Observations on Events in Charlottesville

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Consideration Of Helicopter Rides

In recent years, the meme of throwing one’s political rivals out of helicopters has become popular among certain right-wing and libertarian groups. Unfortunately, people from all over the political spectrum tend to misunderstand the historical context of the meme, and thus interpret it incorrectly. Let us consider the backstory of helicopter rides in order to better understand their use, ethics, and utility.

Socialism in Chile

In 1970, Socialist candidate Salvador Allende became President of Chile, winning a plurality of votes and allying with the third-place Christian Democrats to gain the necessary majority to rule. He was the first openly Marxist head of state in a Latin American country to come to power through democratic means. The CIA and KGB both spent significant amounts of money to interfere in the election.

Once in power, Allende’s government took over control of large-scale industries, health care, and education. He expanded government theft and redistribution of land initiated by his predecessor Eduardo Frei Montalva, such that no estate exceeded 80 hectares (198 acres) by the end of 1972.[1] Payment of pensions and grants resumed, and social programs were greatly expanded. The arts became funded by the state. Diplomatic relations with Cuba were restored, and political prisoners were released. Price fixing for bread, wages, and rent occurred. Taxes on small incomes and property were eliminated. College was made tuition-free. The voting age was lowered to eighteen and literacy requirements were removed. Between October 1970 and July 1971, purchasing power increased 28 percent.[2] In that year, inflation fell from 36.1 percent to 22.1 percent, while average real wages rose 22.3 percent.[3]

Like all socialist experiments, the short-term results were good. But as Margaret Thatcher would later observe, “Socialist governments…always run out of other people’s money.” Government spending increased 36 percent from 1970 to 1971.[3] The national debt soared and foreign reserves declined. Declining prices in copper, Chile’s chief export commodity, only worsened matters. Black markets in staple foods emerged as rice, beans, sugar, and flour disappeared from store shelves. The Allende government announced its intent to default on debts owed to international creditors, including foreign governments. Strikes began in 1972, to which Allende responded by nationalizing trucks to keep truckers from halting the economic life of the nation. The courts intervened and made Allende return the trucks to their owners.

By the summer of 1973, Allende’s government was ripe for overthrow. On June 29, Colonel Roberto Souper surrounded the presidential palace with a tank regiment but did not succeed in overthrowing Allende. In May and again in August, the Supreme Court of Chile complained that the Allende government was not enforcing the law. The Chamber of Deputies accused Allende of refusing to act on approved constitutional amendments that would limit his socialist plans, and called on the military to restore order. Following embarassment and public protest, General Carlos Prats resigned as defense minister and commander-in-chief of the army, being replaced in the latter post by General Augusto Pinochet. Allende accused the Congress of sedition and obstruction, and argued that the accusations were false.

The Chilean Coup

On September 11, 1973, the Chilean Navy captured Valparaiso by 7:00 a.m. They closed radio and television networks in the central coast. Allende was informed of this, and went to the presidential palace. By 8:00, the army closed most broadcast stations in the capital of Santiago, while the Air Force bombed the remaining active stations. Admiral Montero, the Navy commander and an Allende loyalist, was cut off from communication. Leadership of the Navy was transferred to Jose Toribio Merino, who worked with Pinochet and Air Force General Gustavo Leigh in the coup. The leaders of the police and detectives went to the palace with their forces to protect Allende. Allende learned the full extent of the rebellion at 8:30 but refused to resign. By 9:00, the armed forces controlled all but the city center in Santiago. The military declared that they would bomb the palace if Allende resisted. Allende gave a farewell speech, and Pinochet advanced armor and infantry toward the palace. Allende’s bodyguards fired at them with sniper rifles, and General Sergio Arellano Stark called in helicopter gunships to counter them. The palace was bombed once Air Force units arrived. At 2:30, the defenders surrendered and Allende was found dead by his own hand.

Following the coup, the military killed around 3,000 leftists and imprisoned 40,000 political enemies in the National Stadium of Chile. Ninety-seven of those killed were eliminated by the Caravan of Death, a Chilean Army death squad that flew by helicopters in October 1973. The squad, led by General Stark, would travel between prisons, ordering and carrying out executions. The victims were buried in unmarked graves. This is one origin of the meme of helicopter rides, though squads other than Stark’s were responsible for the literal act referenced, having thrown 120 civilians from helicopters into the ocean, rivers, and lakes of Chile.

Peronism in Argentina

In 1946, Juan Perón of the Labor Party became President of Argentina. The majority of the Radical Civic Union, the Socialist Party, the Communist Party, and the conservative National Autonomist Party had formed an unusual alliance against him, but lost by 10 percent. His two stated goals upon becoming President were economic independence and social justice, but he had no serious plans to achieve those goals other than to attempt to hire the right advisors and underlings while refusing to side with the US or the USSR in the Cold War. Perón was intolerant of both leftist and rightist opposition, firing more than 1,500 university faculty who opposed him[4], shuttering opposition media companies, and imprisoning or exiling dissident artists and cultural figures.

Perón’s appointees encouraged labor strikes in order to obtain reforms for workers, which aligned large business interests against the Peronists. Upper-class Argentine’s resented Perón’s reforms, feeling that they upset traditional class roles. He nationalized the central bank, the railroads, public transport, utilities, universities, and merchant marine. He created the Institute for the Promotion of Trade (IAPI), which was a state monopoly for purchasing foodstuffs for export. Average real wages rose by 35 percent from 1945 to 1949,[5] while during that same period, labor’s share of national income rose from 40 percent to 49 percent.[6] Healthcare and social security were made nearly universal during Perón’s first term. GDP expanded by over 25 percent during this time,[4] which was largely due to spending the $1.7 billion in reserves from surpluses from World War II.

The economic success of Perón’s reforms would not last. The subsidized growth led to an import wave that erased the surplus by 1948. A debt of roughly $650 million owed by Great Britain to Argentina went mostly unpaid, further complicating matters.[4] The Argentine peso was devalued 70 percent between 1948 and 1950, leading to declining imports and recession. Labor strikes began to work against Perón, who responded by expelling the organizers from the unions and calling for a constitutional reform in 1949.

Perón faced no serious opponent for his 1951 re-election campaign, despite being unable to run with his wife Eva, who had fallen ill and would die the following year. Exports fell as low as $700 million in 1952, producing a $500 million trade deficit. Divisions among Peronists grew, and many of Perón’s allies resigned. He accelerated construction projects and increased rank and pay to top generals in an effort to reduce tensions. After Eva’s death, opposition to Perón intensified. On April 15, 1953, terrorists bombed a public rally of Perón supporters, killing seven and injuring 95. He responded by asking the crowd to retaliate. They responded by burning down the Jockey Club building and the Socialist Party headquarters.

In March 1954, Perón had to replace his Vice President, and his preferred choice won in a landslide. This, combined with stabilized inflation rates, motivated him to create new economic and social policies. This brought in foreign investment from automakers FIAT, Kaiser, and Daimler-Benz, as well as from Standard Oil of California. But Perón’s legalization of divorce and prostitution turned the Roman Catholic Church against him, which excommunicated him in June 1955. Perón responded by holding a public rally, and for the second time it was bombed, this time by Navy jets that fled to Uruguay afterward. 364 people were killed, and Peronists again carried out reprisals by attacking eleven churches. This led to the coup that ousted Perón on September 16, performed by nationalist Catholics in the Army and Navy led by General Eduardo Lonardi, General Pedro E. Aramburu, and Admiral Isaac Rojas. Perón barely escaped to Paraguay.

Resistance, Return, and Repression

Shortly afterward, Peronist resistance movements began organizing among disgruntled workers. Democratic rule was partially restored, but political expression for Peronists was still suppressed, so guerrilla groups began operating in the 1960s. Early efforts were small and quickly quashed, but more successful movements formed toward the end of the decade. The Peronist Armed Forces (FAP), Marxist–Leninist-Peronist Revolutionary Armed Forces (FAR), and the Marxist–Leninist Armed Forces of Liberation (FAL) were the three major players before 1973. The FAR joined an urban group of students and intellectuals called the Montoneros, while the FAL and FAP merged into the Marxist People’s Revolutionary Army (ERP).

In 1970, the Montoneros captured and killed Pedro Eugenio Aramburu, a military leader in the 1955 coup. In a few years, such events happened on a weekly basis, as did bombings of military and police buildings. Some civilian and non-government buildings were also bombed. Juan Perón returned from exile and became President again in 1973, and sided with the right-Peronists and the government against the left-Peronists. He withdrew support of the Montoneros before his death in 1974. His widow Isabel Martinez de Perón became President after his death, and she signed a number of decrees in 1975 to empower the military and police to defeat the ERP and other such groups. The right-wing death squad known as Argentine Anticommunist Alliance emerged at this time. Isabel was ousted by a coup in 1976, and the military took power. Up to this time, leftists had killed 16,000 people in their guerrilla efforts. The United States government financially backed the Argentine military, while the Cuban government backed the left-wing terror groups.

The juntas that held power between 1976 and 1983 repressed leftist dissidents, being responsible for arresting, torturing, and/or killing between 7,000 and 30,000 people. Many were Montoneros and ERP combatants, but others were civilians, students, left-wing activists, journalists, intellectuals, and labor organizers. Some of those executed were thrown from airplanes to their deaths in the Atlantic Ocean, providing another basis for the meme of helicopter rides. The worst repression reportedly occurred in 1977, after the guerrillas were largely defeated. The junta justified its action by exaggerating the threat and staging attacks to be blamed on guerrillas.

The “National Reorganization Process,” as it was called, failed in its efforts to suppress the left. As the roundup was overbroad, it sowed resentment. Some of those arrested had done nothing other than witness others being arrested in public places. Severe economic problems only added to civil unrest. The military tried to regain popularity by occupying the Falkland Islands, but their defeat by Britain in the Falklands War led them to step aside in disgrace and restore democracy.

Aftermath in Chile

In Chile, Pinochet remained in power until 1990. His 1980 constitution remains in effect, though significantly amended in 1989 and 2005 and slightly amended on eleven other occasions. In the 1990 elections, a coalition of democratic and socialist parties with the Christian Democrat Patricio Aylwin at the head was successful. Eduardo Frei Ruiz-Tagle, the son of Allende’s predecessor, led the coalition from 1994 to 2000. The Socialist Party and Party for Democracy led the coalition from 2000 to 2010. The center-right National Renewal won in 2010, but the Socialist Party regained power in 2014.

During Pinochet’s rule, Chicago School economists influenced the regime to adopt free market policies. Despite the prevalence of leftists in power since Pinochet’s rule ended, many of his economic reforms have remained in place and the economy is among the freest in the world. Aylwin and Ruiz-Tagle increased spending on social programs and reformed taxes, but avoided radical changes. Chile managed to avoid serious impact from the Mexican peso crisis of 1994 by using capital controls.

Aftermath in Argentina

In Argentina, voters elected Raul Alfonsin of the center-left Radical Civic Union once democracy was restored in 1983. He both created a commission to investigate forced disappearances and passed an amnesty law that stopped the investigations until 2005. His administration was unstable due to friction with the military and economic issues, leaving office early to let Peronist candidate Carlos Menem take office early after winning in 1989. Though he privatized many industries that Perón nationalized, he expanded both executive power and the role of the state in the economy. He won again in 1995, but the Radical Civic Union was growing and a new alliance called FrePaSo formed. By 1999, all three major parties supported free market economics. UCR and FrePaSo allied behind Fernando de la Rua to defeat Peronist Eduardo Duhalde. After some resignations and turmoil, Duhalde would get his chance in 2002. He managed to bring inflation under control, then called for elections in 2003. This brought another Peronist, Nestor Kirchner, to power. He overturned the 1986 amnesty for members of the military dictatorship and oversaw a strong economic recovery. His wife, Cristina Fernandez de Kirchner, took over in 2007. She distanced herself from traditional Peronism after Nestor’s death in 2010, favoring instead the La Campora movement that reveres the Montoneros guerrilla group. In 2015, her party lost to Mauricio Macri and his Republican Proposal party, which was allied with the Radical Civic Union.

The governments from the 1930s to the 1970s used import substitution to increase industrial growth, but this came at the expense of agricultural production. Import substitution was ended in 1976, but growth in government spending, inefficient production, and rising national debt led to inflation problems in the 1980s. The government responded to inflation in the 1990s by auctioning state-owned companies and pegging the Argentine peso to the US dollar. De la Rua followed an IMF-sponsored economic plan to deal with the government budget deficit, but an economic collapse occurred at the end of 2001. The peso was devalued again, and recovery occurred by 2005. A judicial ruling in 2012 led to a selective default in 2014 that was resolved in 2016.

Contemporary Application

Now that the context from which the meme of helicopter rides emerges is understood, we may consider its potential application against contemporary leftist rulers and agitators. Helicopter rides for political enemies are a form of ultraviolence, which is the use of force in an excessive and brutal manner as a public display to make an example out of a particular person or group. This is done for the purpose of establishing dominance and suppressing rivals within a territory, from which peace and order may follow. Utilized correctly, this will break the spirit of resistance movements and solidify one’s hold on power, which will prevent further death and destruction that would otherwise occur from terrorism and civil war. If misused, whether by subjecting overbroad numbers of people to cruel punishment or by utilizing methods that the population deems to be completely beyond the pale, ultraviolence will create resentment that will resurface later as another, stronger resistance movement. Misuse will also have a negative psychological impact on the perpetrators, causing them to lose their humanity through the commission of needless atrocities.

The above examples of Chile and Argentina suggest that ultraviolence by rightists against leftists appears to be insufficient to counter the leftward slide that naturally occurs in politics over time. One possible reason for this is that a continual march leftward is the political variant of entropy, the physical process by which the universe becomes increasingly disordered and chaotic over time. If so, this would explain why all great civilizations eventually fall and all attempts by right-wing movements to use the state to advance their agendas fail to produce lasting change. Another potential explanation is that the state is an inherently leftist institution, in that the nature of the state is to allow some people to do with impunity that which would be considered criminal if anyone else behaved identically, and the nature of the left is to disrespect individual rights in favor of their view of the collective good. This meshes well with Robert Conquest’s second law of politics; any organization not explicitly right-wing sooner or later becomes left-wing. A third explanation is that power does what it wants due to its inherent lack of accountability, meaning that a military junta has no real incentive to limit its removal of leftists to those whom have actually committed crimes. Thus, the use of helicopter rides naturally becomes overbroad when coupled with the state, and the distrust and resentment that fuels a revolution against the military government naturally follow.

Many alt-rightists who suggest the use of helicopter rides to eliminate their political rivals do not understand the above context with sufficient clarity. This leads them to long for the day when they get to pilot a massive fleet of helicopters that drops their enemies from staggering heights. For their stated goals, helicopter rides are a tool not fit for purpose, as the cost of helicopters, fuel, and pilots far exceeds that of other methods of physical removal. Helicopter rides as historically practiced also fail at performing ultraviolence, as rumors of helicopter rides pale in comparison to theatrical executions carried out in the public square on live television. The obvious retort that the victims should be dropped onto a hard surface in the public square is likely to fail by being too gruesome for the public to stomach. And ultimately, no matter how many leftists are killed, their ideas and the state apparatus to implement them remain. Overall, the alt-right approach fails because its adherents seek to use the ultimate enemy (the state) against the proximate enemy (the left) without any intention or plan to eliminate the ultimate enemy afterward, which results in long-term losses for short-term gains.

Moral Issues

While the alt-right seeks to misuse the practice of helicopter rides, libertarians and leftists tend to decry the idea as mass murder. The leftists will typically assert that the use of deadly force against someone who does not pose a deadly threat at the moment is murder. But the immediate danger doctrine, as it is known in legal circles, is a standard used by the state to perpetuate itself by creating an artificial demand for its functions of legislation, security, criminal justice, and dispute resolution while rendering the population dependent and irresponsible. Such a standard is not provable from first principles and is clearly at odds with libertarian theory on the use of force.

Libertarian theory allows one to use any amount of force necessary to not only defend oneself against aggressors, but to make people who refuse to perform restitution do so, to stop people who recklessly endanger bystanders, to reclaim stolen property, and to eliminate crime bosses and other unrepentant aggressors. While this does not allow for the full extent of the helicopter rides given by the militaries of Chile and Argentina, it can allow for statists who held power and those who carried out certain acts of aggression on their orders to be executed. Of course, rightists who wield state power (or libertarians who wield private power) in an overzealous manner against leftists would also be legitimate targets for helicopter rides if they kill people who have not committed crimes worthy of death.

A more appropriate libertarian use of helicopters is not to execute anti-libertarians by throwing them out, but to transport them out of a libertarian-controlled territory and warn them not to return. Exile and ostracism, after all, are perfectly legitimate exercises of property rights and freedom of association. Furthermore, removing people who advocate against the norms of a libertarian social order from a libertarian community is a necessary preservation mechanism, but such removal need not be fatal unless all reasonable efforts that do not involve deadly force have been tried without success.

Conclusion

There is a rich historical context behind the idea of helicopter rides for leftist agitators. Unfortunately, most modern advocates of such methods do not understand this context, which leads them to make recommendations which do not align with reality. Though leftists and some libertarians decry all uses of helicopter rides as murder, there are cases in which such acts are morally justifiable.

References:

  1. Collier, Simon; Sater, William F. (2004). A History of Chile, 1808–2002. Cambridge University Press.
  2. Zipper, Ricardo Israel (1989). Politics and Ideology in Allende’s Chile. Arizona State University, Center for Latin American Studies.
  3. Larrain, Felipe; Meller, Patricio (1991). The Socialist-Populist Chilean Experience, 1970-1973. University of Chicago Press.
  4. Rock, David (1987). Argentina, 1516–1982. University of California Press.
  5. Dufty, Norman Francis (1969). The Sociology of the Blue-collar Worker. E.J. Brill Publishing.
  6. Dornbusch, Rüdiger; Edwards, Sebastian (1991). The Macroeconomics of populism in Latin America. University of Chicago Press.

Blame Democracy For Heated Political Rhetoric

In recent times, concern has grown over the increasing hatred between competing political factions. As political rhetoric escalates into political violence, the various agents of the Cathedral have begun asking what may be done to reduce tensions. Naturally, they demonstrate obliviousness to their own culpability in ratcheting up hostilities, and reversing their own behavior would be a significant first step. Their actions are par for the course for leftists, as psychological projection—the act of accusing one’s opponents of whatever wrongdoing one is committing oneself—is an essential part of the leftist mindset. In the same vein, they accuse right-wing activists of causing any political violence that occurs, even when it is clear to any rational observer that rightists are taking action to defend themselves against aggression by radical leftists.

As for the radical leftists, it has long been the case that the right views the left as factually wrong while the left views the right as morally evil. This imbalance could not persist indefinitely, and because the elements of the left which are most vocal at present are pathologically incapable of rational discourse, the only rebalancing that could occur was for elements of the right to begin viewing the left as morally evil. This necessarily escalated matters, but in a manner that was necessary to restore a balance of political terror, which will result in less political violence in the long term by way of peace through mutually assured destruction.

Leftist Strategy

The leftist strategy at work here is that of high-low versus middle, better known by the Van Jones quote “top down, bottom up, inside out.” The academics, politicians, and pundits of the Cathedral are the high, the communist terrorists of Antifa and the minority criminal underclass are the low, and the middle is anyone who is middle-class, working-class, white, right-wing, and/or libertarian. The high-class group uses the privileges of state power to buy the loyalty of the low-class group, which is done by funneling money extorted from the middle-class group to them in addition to giving symbols of higher status to select members of the low-class group. In return, the low-class group is used to intimidate the middle-class group into compliance with this arrangement. The end goal is to transform society by defeating the middle, but in practice the low-class group tends to turn on the high-class group when times become hard and the high-class group can no longer afford to purchase their loyalty. Alternatively, this may end when the middle-class is tired of being abused and decides to violently suppress the low-class, then subject the high-class to vigilante justice.

The Real Culprit

The talking heads, politicians, and left-wing activists all deserve blame for creating a cultural milieu in which the political rhetoric has become increasingly heated and violence has erupted as a result. But as troublesome as these elements are, they are mere symptoms of a much larger and deeper problem. In the words of Henry David Thoreau, “There are a thousand hacking at the branches of evil to one who is striking at the root.” The root that must be named and struck is nothing less than democracy itself.

Benjamin Franklin described democracy as two wolves and a lamb voting on what to have for lunch. If Franklin were correct, then democratic impulses would quickly be exhausted, as the lambs would be consumed in short order and society would spiral downward into a Hobbesian nightmare of wolf against wolf, every wolf for himself. But the truth is even worse; who is a wolf and who is a lamb changes depending on the time and the political issue at hand. Over time, majority rule thus “allows for A and B to band together to rip off C, C and A in turn joining to rip off B, and then B and C conspiring against A, and so on.”[1] This allows the democratic state to survive much longer than it would if there were a static majority and a static minority.

In the aggregate, the theoretical Hobbesian war of all against all is replaced by an actual democratic war of half against half. Contrary to popular belief, this is not an improvement; rather, it is an intentional engineering of a particular kind of perpetual conflict for the purpose of diverting the energies of the masses away from revolt against the ruling class. For what exploiter of people would wish all of his victims to unite against him? It is far easier to victimize people who are too busy quarreling with each other to mount an effective resistance against their mutual enemy. Democracy works beautifully toward this end, making human farming not only possible, but highly lucrative.

Returning to the level of interpersonal relationships and conflicts between local groups, a democratic state grants each citizen a small piece of political power. The possession of this power by every person who is eligible to vote means that the political opinions of each such person are a relevant concern, at least to some degree. That each person can—at least theoretically—mobilize other people into a voting bloc to advance a political agenda that would use state power in a manner hostile to another group of people makes each politically active person an unofficial soldier in the aforementioned democratic war, and thus a target for various abuses by the other side. This democratic civil war is a cold one in most cases, but as in many cold wars, both sides engage in rhetoric that denounces the other side in strong terms. It is this dynamic that produces the degeneration of political discourse into insults and vitriol and the replacement of healthy interpersonal relationships with hostility. The escalation into physical violence is an expected outgrowth of this dynamic.

The Solution

If democracy is the root problem, then the abolition of democracy is the solution. The historical methodology of this has been an unelected government, whether a military junta, hereditary monarchy, or some combination thereof. Libertarians propose another methodology; that of a stateless propertarian society in which all property is privately owned and all goods and services are provided by competing firms in a free market. Both of these systems deny the general public—those who do not have an ownership stake in the society—a political voice. The restriction of political power to those who have an ownership stake, or the abolition of political power in the anarcho-capitalist case, means that it makes no sense for most people living in these social orders to insult, bully, and attack one another over political disputes, as the winner of such a dispute has no direct influence over the direction of the society. One may only influence such a society by convincing a mass of people to move elsewhere or by acquiring property in the anarcho-capitalist case. When only the king or dictator can vote, or only the private property owner can make decisions over the property in question, only they and whatever underlings they may have are worth attacking with words or weapons when they say or do something reprehensible. Everyone else is no longer a political target, and thus most people are incentivized to be apolitical (if not anti-political), resolving any disagreements with the established order through the right of exit.

Objections

There are two common objections to such a proposal that must be addressed; first, that it will not solve the problem, and second, that abolishing democracy may cause more violence than it eliminates.

The accusation that abolishing democracy will not eliminate heated rhetoric is true but trivial. There are no perfect solutions; there are only trade-offs. As long as more than one person exists and there is a disagreement about anything, there is the potential for heated rhetoric and physical violence. And although rational actors would not get into political disputes if they lacked political power, assuming rational actors is a folly of any rigorous socioeconomic theory. In the absence of mass-distributed political power, would people still bully other people? Yes. Would people still try to lift themselves up by putting others down? Certainly. Would people still make fun of others for having views that are strongly at odds with their own? Of course. But a major impetus for doing so, namely the quest for political power and dominance, would be removed. Though some people will always rebel against their incentives, most people do not. For these reasons, we may expect that the trade-off would be worthwhile.

The claim that abolishing democracy would cause more violence than it eliminates must be answered with both nuance and depth. Democratic statists will claim that without voting on ballots, people will start voting with bullets and the only real change will be greater bloodshed and destruction. First, democracy does not solve the problem of interpersonal violence; in fact, it does the opposite. Rather than eliminate the crimes that people commit against other people and their property, statists have created and maintained an institution with a monopoly on performing those crimes, giving them different names, and suffering no penalty for committing them. Theft becomes taxation, slavery becomes conscription, kidnapping becomes arrest, murder becomes war, and so on. The removal of the option of voting for politicians and their minions to do to other people what one would never be allowed to do to other people on one’s own will leave everyone with two options: engage in crime directly or live peaceably with others. Those who choose the former would quickly discover that it is far easier to vote for politicians to hire enforcement officers to victimize someone else than to try to commit crimes oneself. Though there would likely be an increase in violence in the short-term, the elimination of hardened criminals by people acting in self-defense would be swift, resulting in both less violence and less crime in the long-term.

Second, the democratic peace theory must be addressed. This theory claims that democracies do not go to war with each other, and thus a democratic world is a world without war. The evidence for these assertions is lacking on all counts. The democratic nation-state is a recent invention in human history, which produces the statistical uncertainties of a small sample size. What reason and evidence we do have is not promising; democratic states are aggressive both internally and externally, particularly toward individuals and states that are anti-democratic. The political power vested in each voter by the democratic state that makes the civilian population unofficial soldiers and targets during peacetime makes them official soldiers and targets during wartime. Whereas the historical wars between monarchs were mostly royal and knightly affairs over border disputes that had little effect on the peasants, the incentive structures of democratic states led to the total warfare of the World Wars. The entire economies of nations were disrupted for the purpose of war production, the civilian populations were militarized, and the mass murder of civilians became an accepted part of military strategy. By abolishing democracy, the perverse incentives that produced such carnage may be eliminated.

Finally, there is the possibility that people who are accustomed to democracy would violently resist an effort to disenfranchise them by returning to unelected government or by creating a stateless propertarian society. Though reactionaries and libertarians alike hope to convince the voting public to use democracy for the purpose of abolishing it, this is almost certainly a false hope. The incentive structure of the democratic state coupled with the institutional power wielded by the progressive left is probably too strong to overcome peacefully. The path from here to a superior form of social order thus becomes a violent one, as the people who wish to establish a new order must respond with force against determined and unrepentant aggressors. This is another sense in which there would be a short-term increase in violence followed by a long-term decrease. As before, there are no ideal solutions; only trade-offs which produce a net benefit.

Conclusion

Democracy is a sanitized, soft variant of civil war. The question is how long it can remain a cold war. For contemporary Western civilization, the answer is no longer. As shown above, the engine that drives heated rhetoric and political violence will keep running as long as democracy persists. Though there will always be some level of societal conflict, removing such a disastrous generator of malignant incentives as the democratic state can only be a net improvement.

References:

  1. Hans-Hermann Hoppe (2001). Democracy: The God That Failed. Transaction Publishers. p. 104