TGIF: Election Reflections

The history of the human race is one long story of attempts by certain persons and classes to obtain control of the power of the State, so as to win earthly gratifications at the expense of others.

--William Graham Sumner, 1883

For advocates of individual liberty, this has got to be the most depressing election in many years. (Well, at least since 2020, the most depressing election since 2016.) Full, true, laissez-faire liberalism is far from public discussion. Kamala Harris ("I'm smart and I care"), the mush-mouthed empty suit, and Donald Trump ("I'm Trump!"), the narcissistic, militantly nationalist demagogic windbag, both threaten what remains of Americans' liberty.

No one can confidently say which is the bigger threat. Their styles differ, but that cannot camouflage the danger each represents. This may be availability bias speaking, but I am not so sure. There has been no joy for liberalism this season.

The palpable lesson of nearly everything we see in politics is that freedom and prosperity are at risk when the government can do almost anything a majority or an influential minority wants—when the idea of constitutional constraint is treated as old-fashioned. It matters little whether those who get their hands on such power come from the "left" or the "right," ideologically incoherent terms signifying little but tribal membership.

TGIF: Social Order through Liberty

Human beings are self-actualizing social animals. We need to cooperate with others to flourish fully and (but?) we also need the freedom to make of ourselves the persons we wish to be; we need autonomy.

Can we do both liberty and social order? The answer is yes, and that is where rights come into play. I'll go with Ayn Rand's definition: "A 'right' is a moral principle defining and sanctioning a man’s freedom of action in a social context." Also, "Rights are conditions of existence required by man’s nature for his proper survival." Although rights theory is fraught with the potential for abuse -- many many counterfeit "rights" have been conjured -- it's difficult to abandon the concept.

Liberty and social order are often seen as in conflict with each other. The conservatives' fondness for the phrase ordered liberty. It is meant to suggest that liberty too easily becomes license and chaos. So we often hear that rights must be balanced against one another or against other considerations (such as state interest), indicating that all people could not possibly exercise their rights at the same time because that would produce intolerable social conflict. Hence the need for external limits.

But thanks to the work of genuine liberals -- that is, libertarians, we have good reason to reject this concern.

One of the great synthesizers of individual and social welfare was one of the most unjustly reviled political thinkers in history: Herbert Spencer. In discussing the human "tendency toward individuation in his 1851 (and first) book, Social Statics, Spencer wrote:

[The person] is self-conscious; that is, he recognizes his own individuality. . . . [W]hat we call the moral law—the law of equal freedom—is the law under which individuation becomes perfect, and that ability to act up to this law is the final endowment of humanity.... The increasing assertion of personal rights is an increasing demand that the external conditions needful to a complete unfolding of the individuality shall be respected. Not only is there now a consciousness of individuality and an intelligence whereby individuality may be preserved, but there is a perception that the sphere of action requisite for due development of the individuality may be claimed, and a correlative desire to claim it. And when the change at present going on is complete—when each possesses an active instinct of freedom, together with an active sympathy—then will all the still existing limitations to individuality, be they governmental restraints or be they the aggressions of men on one another, cease. Then none will be hindered from duly unfolding their natures.

"None will be hindered"? Even with "activity sympathy," how then can "an active instinct of freedom be reconciled with required social harmony? Spencer addresses the paradox:

Yet must this higher individuation be joined with the greatest mutual dependence. Paradoxical though the assertion looks, the progress is at once toward complete separateness and complete union. But the separateness is of a kind consistent with the most complex combinations for fulfilling social wants; and the union is of a kind that does not hinder entire development of each personality. Civilization is evolving a state of things and a kind of character in which two apparently conflicting requirements are reconciled.

It may sound odd, but Spencer anticipated “at once perfect individuation and perfect mutual dependence.” He wrote:

Just that kind of individuality will be acquired which finds in the most highly organized community the fittest sphere for its manifestation, which finds in each social arrangement a condition answering to some faculty in itself, which could not, in fact, expand at all if otherwise circumstanced. The ultimate man will be one whose private requirements coincide with public ones. He will be that manner of man who, in spontaneously fulfilling his own nature, incidentally performs the functions of a social unit, and yet is only enabled so to fulfill his own nature by all others doing the like.

This reminds me of Spinoza's belief that to be fully rational an individual must be surrounded by other rational free, individuals with whom he interacts respectfully through reason, persuasion, contract, and trade, not force.

Spencer, of course, is well known for what in Social Statics he called the law of equal freedom: "Every man has freedom to do all he wills, provided he infringes not the equal freedom of any other man.” This sounds good, and it is. But Murray Rothbard, in his discussion of the impossibility and hence senselessness of egalitarianism (in Power and Market: Government and the Economy), made an important observation about Spencer's law. Rothbard wrote:

This goal [equality of liberty] does not attempt to make every individual’s total condition equal—an absolutely impossible task; instead, it advocates liberty—a condition of absence of coercion over person and property for every man.

Rothbard pointed out that the terms equality before the law and equality of rights "are ambiguous and misleading. The former could be taken to mean equality of slavery as well as liberty and has, in fact, been so narrowed down in recent years as to be." He also wrote that the term equal is problematic in the study of human affairs because it suggests a unit of measure that does not exist. (For libertarianism conceived at equality of authority, see Roderick Long's "Liberty: The Other Equality" and "Equality: The Unknown Ideal.")

Finally, Rothbard wrote:

Spencer’s Law of Equal Freedom is redundant. For if every man has freedom to do all that he wills, it follows from this very premise that no man’s freedom has been infringed or invaded. The whole second clause of the law after “wills” is redundant and unnecessary. Since the formulation of Spencer’s Law, opponents of Spencer have used the qualifying clause to drive holes into the libertarian philosophy. Yet all this time they were hitting at an encumbrance, not at the essence of the law. The concept of “equality” has no rightful place in the “Law of Equal Freedom,” being replaceable by the logical quantifier “every.” The “Law of Equal Freedom” could well be renamed “The Law of Total Freedom.”

Rothbard credits the point to Clara Dixon Davidson, who in 1892 wrote in Benjamin Tucker's magazine, Liberty:

The law of equal freedom, “Every one is free to do whatsoever he wills,” appears to me to be the primary condition to happiness. If I fail to add the remainder of Herbert Spencer’s celebrated law of equal freedom, I shall only risk being misinterpreted by persons who cannot understand that the opening affirmation includes what follows, since, if any one did infringe upon the freedom of another, all would not be equally free. [Emphsis added.]

This leads to the conclusion that all people may be free to exercise their rights simultaneously without jeopardy to life-serving social order. No need for balancing rights exists. If all "ordered liberty" means is liberty that is consistent with social order, then we can rest easy so long as people think soundly about liberty. How surprising is this? After all, the very notion of rights stems from each individual's need to act in the world without conflicting with others. (This insight about rights theory has been called "compossibility" by the Georgist libertarian Hillel Steiner. For an opposing view to the Davidson-Rothbard argument, see this from Matt Zwolinski.)

This does not mean the boundaries between people's zones of freedom are always immediately clear -- far from it. Disagreements (both good faith and malicious) are inevitable. That's why, in addition to liberal customs, free societies will have contracts, formal associations, policing agencies, insurance, mediators, arbiters, and judges. Governance does not require government.

It seems that Benjamin Tucker's magazine motto (borrowed from Pierre-Joseph Proudhon) had it right: "Liberty: Not the Daughter but the Mother of Order."

It Can't Be Said Too Often

When men hire themselves out to shoot other men to order, asking nothing about the justice of their cause, I don’t care if they are shot themselves.

--Herbert Spencer

TGIF: Tackling Straw Men Is Easier than Critiquing Libertarianism

Maybe I’m being unreasonable, but I think it behooves a critic to understand what he’s criticizing. I realize that tackling straw men is much easier than dealing with challenging arguments, but that’s no excuse for the shoddy work we find in John Edward Terrell’s New York Times post, “Evolution and the American Myth of the Individual.”

In his confused attempt to criticize libertarians (and Tea Party folks, whom I’ll ignore here), Terrell gets one thing right when he says, “The thought that it is both rational and natural for each of us to care only for ourselves, our own preservation, and our own achievements is a treacherous fabrication” (emphasis added).

Indeed it is. Unfortunately for Terrell’s case, it’s his treacherous fabrication.

Read it here.

Webinar: The Anti-Militarist Libertarian Tradition

Here is the video from my Future of Freedom/Liberty.me webinar on the anti-militarist libertarian tradition.
 

Webinar: The Antimilitarist Libertarian Tradition

Next Tuesday, Oct. 21, at 7 p.m. central, I'll conduct a webinar on "The Antimilitarist Libertarian Tradition," for The Future of Freedom Foundation and Liberty.me. Below is a preview.
 

TGIF: The Antimilitarist Libertarian Heritage

With the United States on the verge of another war in the Middle East — or is it merely the continuation of a decades-long war? — we libertarians need to reacquaint ourselves with our intellectual heritage of peace, antimilitarism, and anti-imperialism. This rich heritage is too often overlooked and frequently not appreciated at all. That is tragic.

Libertarianism, to say the least, is deeply skeptical of state power. Of course, then, it follows that libertarianism must be skeptical of the state’s power to make war — to kill and destroy in other lands. Along with its domestic police authority, this is the state’s most dangerous power. (In 1901 a libertarian, Frederic Passy, a friend of libertarian economist Gustave de Molinari, shared in the first Nobel Peace Prize.)

Herbert Spencer, the great English libertarian philosopher of the late 19th and early 20th century, eloquently expressed radical liberalism’s antipathy to war and militarism. His writings are full of warnings about the dangers of war and conquest.

TGIF is here.

Thought for the Day

“When men hire themselves out to shoot other men to order, asking nothing about the justice of their cause, I don’t care if they are shot themselves.” --Herbert Spencer, during Britain's second Afghan war.

The Sin of Herbert Spencer

Benjamin R. Tucker

Guest blogger

Liberty welcomes and criticises in the same breath the series of papers by Herbert Spencer on “The New Toryism,” “The Coming Slavery,” “The Sins of Legislators,” etc., now running in the Popular Science Monthly and the English Contemporary Review. They are very true, very important, and very misleading. They are true for the most part in what they say, and false and misleading in what they fail to say. Mr. Spencer convicts legislators of undeniable and enormous sins in meddling with and curtailing and destroying the people’s rights. Their sins are sins of commission. But Mr. Spencer’s sin of omission is quite as grave. He is one of those persons who are making a wholesale onslaught on Socialism as the incarnation of the doctrine of State omnipotence carried to its highest power. And I am not sure that he is quite honest in this. I begin to be a little suspicious of him. It seems as if he had forgotten the teachings of his earlier writings, and had become a champion of the capitalistic class. It will be noticed that in these later articles, amid his multitudinous illustrations (of which he is as prodigal as ever) of the evils of legislation, he in every instance cites some law passed, ostensibly at least, to protect labor, alleviate suffering, or promote the people’s welfare. He demonstrates beyond dispute the lamentable failure in this direction. But never once does he call attention to the far more deadly and deep-seated evils growing out of the innumerable laws creating privilege and sustaining monopoly. You must not protect the weak against the strong, he seems to say, but freely supply all the weapons needed by the strong to oppress the weak. He is greatly shocked that the rich should be directly taxed to support the poor, but that the poor should be indirectly taxed and bled to make the rich richer does not outrage his delicate sensibilities in the least. Poverty is increased by the poor laws, says Mr. Spencer. Granted; but what about the rich laws that caused and still cause the poverty to which the poor laws add? That is by far the more important question; yet Mr. Spencer tries to blink it out of sight.

A very acute criticism of Mr. Spencer’s position has been made recently before the Manhattan Liberal Club by Stephen Pearl Andrews. He shows that Mr. Spencer is not the radical laissez faire philosopher which he pretends to be; that the only true believers in laissez faire are the Anarchists; that individualism must be supplemented by the doctrines of equity and courtesy; and that, while State Socialism is just as dangerous and tyrannical as Mr. Spencer pictures it, “there is a higher and nobler form of Socialism which is not only not slavery, but which is our only means of rescue from all sorts and degrees of slavery.” All this is straight to the mark,—telling thrusts, which Mr. Spencer can never parry.

But the English philosopher is doing good, after all. His disciples are men of independent mind, more numerous every day, who accept his fundamental truths and carry them to their logical conclusions. A notable instance is Auberon Herbert, formerly a member of the House of Commons, but now retired from political life. While an enthusiastic adherent of the Spencerian philosophy, he is fast outstripping his master. In a recent essay entitled “A Politician in Sight of Haven,” written, as the London Spectator says, with an unsurpassable charm of style, Mr. Herbert explodes the majority lie, ridicules physical force as a solution of social problems, strips government of every function except the police, and recognizes even that only as an evil of brief necessity, and in conclusion proposes the adoption of voluntary taxation with a calmness and confidence which must have taken Mr. Spencer’s breath away. To be sure, Mr. Herbert is as violent as his master against Socialism, but in his case only because he honestly supposes that compulsory Socialism is the only Socialism, and not at all from any sympathy with legal monopoly or capitalistic privilege in any form.

Reprinted from Liberty, May 17, 1884

TGIF: Individualism, Trade-Unions, and “Self-Governing Combinations”

[I]ndividualists more than anyone will see the merit in any arrangement which minimizes the chance that one will be subjected to the arbitrary will of another—even in consensual relationships.

Read TGIF here.

TGIF: Social Cooperation, Part 2

Only individuals value, choose, and act, of course, but in an important sense the resulting social whole is greater than the sum of its individual parts. Thus the defense of personal liberty is the defense of society. Let’s hear our opponents criticize that.

Read the full TGIF: "Social Cooperation, Part 2."