Showing posts with label minarchism. Show all posts
Showing posts with label minarchism. Show all posts

Friday, December 26, 2025

TGIF: "Due Process" under Anarcho-Capitalism

Libertarian advocates of minimal government, such as the late Robert Nozick (Anarchy, State, and Utopia, 1974), have feared that individuals in a stateless libertarian society would face corrupt or careless protection firms that used "risky" rights-enforcement procedures to determine guilt or liability. Innocent people might be held responsible for offenses they did not commit, while guilty individuals avoid paying restitution to their victims. Obviously, that would be undesirable. 

Without a minimal monopoly state to prohibit such abuse and protect "procedural rights," how could innocent people pursue their happiness securely? Nozick speculated that in an anarcho-capitalist society, a protection agency using reliable procedures would emerge as dominant, properly preempt risky competitors (while compensating them for putting them out of business), and eventually become a monopoly minimal government. All this would happen through a nonaggressive invisible-hand process. Nozick's innovative theory drew critiques from the biggest names in the libertarian anarchist world, especially Murray Rothbard, Roy A. Childs Jr., and Randy Barnett. (See the Journal of Libertarian Studies 1, No. 1, Winter 1977).

The late George H. Smith, one of the premier libertarian philosophers of modern times, also provided an answer to the minarchist's concern about risky procedures in "Justice Entrepreneurship In a Free Market" (Journal of Libertarian Studies 3, No. 4, 1979). This neglected article is well worth examining. (Also see Smith's reply to critics.)

Wednesday, December 24, 2025

Back on The Rational Egoist

 Michael Liebowitz invited me back to talk about whether we should have a government.

Friday, December 19, 2025

TGIF: Notes on Anarcho-Capitalism

I'm pretty sure I won't be around long enough to see anarcho-capitalism—or what I call market-ordered anarchism—prevail in the United States. I'm just as sure that I won't see government strictly limited to protecting individual rights and never violating them (if that's coherent).

So that's a wash.

But it doesn't follow that discussing individualist, pro-property, free-market alternatives to the current, virtually out-of-control political system in America is time wasted. Far from it! If we want to progress toward liberty, we'd better get a move on. The only proper way to proceed is through discussion. No name-calling—no shouting Statist! or Tyrant! or Fascist! or Oppressor! or Psychopath! or Warmonger! Just discussion. (I almost said "civilized discussion," but that is redundant.) People can be badly wrong with the best of intentions. We all know how the road to hell is paved. Nevertheless, don't insult. Rebut. Refute. Don't go for the jugular. Be patient. You once did not know the case you're making today.

Friday, September 29, 2023

TGIF: Limited Government's Bait and Switch


In a fundamental respect, libertarian minarchism (minimal, or limited, government) and market anarchism (or anarcho-capitalism) have something important in common: neither can guarantee individual rights.

But there's a big difference: unlike market anarchism, minarchism appears to offer a guarantee, which allegedly makes it preferable to market anarchism. Actually, it's a false guarantee, a bait-and-switch. So it's not preferable to market anarchism, at least on those grounds.

However, what market anarchism can do is show how everyday incentives will tend to protect liberty (and already do now). Minarchism can't credibly say the same thing because constitutionally limited representative democracy is riddled with well-known perverse political incentives. That makes market anarchism the better bet.

It's instructive to watch the recent Soho Forum debate on the proposition "Anarcho-capitalism would definitely be a complete disaster for humanity." Yaron Brook, chairman of the Ayn Rand Institute, took the affirmative, and Bryan Caplan, libertarian professor of economics at George Mason University, took the negative. I think Caplan demolished Brook's case, which isn't exclusive to Ayn Rand Objectivists. This was a debate between two people starting from similar premises in favor of individual freedom, rational self-interest, and competition.

While what follows may not convince anyone to advocate market anarchism, it should eliminate a big argument against it.

Most limited-government advocates think that only a monopoly government can produce the objective law and fair and peaceful adjudication/enforcement that human beings need to flourish. The problem, as indicated, is that minarchism is all talk. It can't deliver.

Remember the old joke in which a tourist asks a grumpy local how to get somewhere? The local responds, "You can't get there from here." That's the problem. Brook's theory of constitutionally limited government promises to get us to a place where we cannot go because it doesn't exist. Why not? As Dr. Seuss might say, because it's people all the way down. Limited-government advocates ignore this obvious fact.

Contrary to its fans, limited government is conceptually impossible. It, not anarchism, is a "floating abstraction." If this standard argument for limited government disappears, what's left?

Any advocate of liberty who knows even a little U.S. political history should see the problem for minarchism. In freedom-loving quarters, the American constitutional system wins kudos  -- the obvious serious contradictions such as slavery excepted. But what about the government's horrendous expansion since 1789? Isn't that a hint that something did not quite work?

Some Americans began complaining about the bigness of the national government at the turn of the 19th century! And let's not forget that the first constitution, the Articles of Confederation, denied the national quasi-government the power to tax and regulate trade. Within a few years, that changed. Wasn't that a bad omen?

Anarcho-libertarian abolitionist and businessman Lysander Spooner's 1870 "The Constitution of No Authority" concluded, "But whether the Constitution really be one thing, or another, this much is certain -- that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.”

The Constitution has not guaranteed freedom. Brook himself called today's U.S. government a "gang." So what could have been different, minarchists? A nation full of perfect Objectivists? Good luck with that.

The Soho Forum debate, which I highly recommend, could have been over early when Caplan identified the impossible guarantee. Brook responded that his ideal government would "strive" to make that guarantee. Caplan pointed out that a striven-for guarantee is not a guarantee.

Undeterred, Brook resorted to the catechism "A proper government is the means by which we place retaliatory use of force under objective control and objectively defined laws ... for the purpose of protecting rights."

Caplan called this mere "tautological." You can define the term proper government as an objective and reliable rights-protector. But in the real world, how do you get there from anywhere? It sounds Platonic. It's more like a version of the ontological argument.

Brook also said that the banishment of force from society "doesn't just happen. That's not something you negotiate. That is just something that is." (My emphasis.)

"Just is"? What does that mean? How does it materialize -- immaculate conception? And how would it be maintained? Is the state an infallible Objectivist Mr. Spock? Or Gort, the robot in The Day the Earth Stood Still? (The original movie costarred Patricia Neal, who ironically also played heroine Dominique Francon in the film version of Rand's The Fountainhead.)

Remember, it's people all the way down -- from the inception of the government to maintenance. People are fallible. They disagree. They change their minds. They ask for free stuff from politicians. Some will even be corrupt and dishonest when they run for office. And, as Public Choice shows, the ones in government are prone to bias in favor of their careers. No one can reasonably hope to keep a government limited, nonaggressive, and efficient -- a square circle indeed. Is a New Man required? (See my take on someone who long grappled with this question, Anthony de Jasy.)

Pro-market economist Harold Demsetz warned against the "Nirvana fallacy": positing an unachievable "ideal" as an alternative to anything that can be achieved. That's what we have here in limited government. If it isn't on the actual menu, we must determine the best actual alternative.

Caplan repeatedly challenged Brook with this basic objection, but Brook bobbed and weaved. (See the exchange starting here.) He seems not to have read anything but Rand's 1960s essay on the need for government, predicting routine widespread violence under market anarchism. But she was answered many times. Brook casually dismissed the voluminous market-anarchist historical, economic, and ethical scholarship as a mere intellectual exercise.

It was good to hear that Book supports free immigration. Among its many virtues, it would be a potential escape from tyranny. But why shouldn't people be free to "migrate" from one rights-protecting institution to another without changing location? Brook says a location (undefined) must have one law. But Western Europe doesn't have one law. Yet he agreed with Caplan that, unlike in previous eras, a war between, say, France and Germany or Norway and Sweden is unthinkable and will very likely remain so.

Caplan noted that what keeps the big governments in those countries from fighting (which would be made possible by taxation and conscription) is people's general expectation of peaceful dispute resolution. That would apply even more to accountable, reputable, and competitive businesses selling security to free customers.

War isn't impossible in Western Europe and elsewhere, just unlikely in our more pacific era. (See Steven Pinker's The Better Angels of Our Nature: Why Violence Has Declined.) Yes, Russia and Ukraine are at war. But how many of the almost 200 countries in our anarchist world without a super-government would rather fight costly wars even for the winner than settle disputes diplomatically? (For an analogy, think of what two auto insurance companies routinely do when each has a client in a conflict. The companies already have contracts to deal with each other peacefully. They couldn't afford a Randian war of all against all.)

Well, why does market anarchism, unlike minarchism, inspire reasonable confidence about the chances of protecting liberty? That's a topic for another day, but suffice it to say that, as Caplan argues, rational self-interest, free competition, the need for a good reputation, and today's general expectation of peaceful conflict resolution provide our best chance. This doesn't mean pushing the "anarchist button," which doesn't exist anyway. It means showing people that major alternatives to the state already exist, including arbitration and private security firms.

It is said that freedom isn't free. Protection of freedom certainly isn't free. But we need not be forced to pay monopoly prices for inferior services and even rights violations in order to enjoy our freedom.

More reading

Roderick Long, "Market Anarchism as Constitutionalism."
Sheldon Richman, "The Constitution of Anarchy," in America's Counter-Revolution: The Constitution Revisited.
David D. Friedman, The Machinery of Freedom: A Guide to Radical Capitalism, 3d ed.


Friday, November 18, 2016

TGIF: Libertarianism Without the Magic

 I had the pleasure of appearing before the Amherst Political Union (Amherst College) this week to discuss the election of Donald Trump as president and the future of liberty. What perhaps pleased me even more was meeting with a group of young libertarians eager to explore the nature and implications of natural-law free-market anarchism. The students were prepared with many questions about how various hypothetical situations would be addressed in a stateless society. In other words, the students really made me work for my honorarium. It was invigorating, not to mention encouraging.

Read the rest at The Libertarian Institute.

TGIF (The Goal Is Freedom) appears on Fridays. Sheldon Richman, author of America's Counter-Revolution: The Constitution Revisited, keeps the blog Free Association and is executive editor of The Libertarian Institute. He is also a senior fellow and chair of the trustees of the Center for a Stateless Society and a contributing editor at Antiwar.com. Become a Free Association patron today!

Friday, December 04, 2015

TGIF: Of Bumblebees and Competitive Courts

Considering that what liberty we continue to enjoy in the West is a product in large part of competing legal institutions operating within overlapping jurisdictions hundreds of years ago, it's curious that so many libertarians still believe such an order -- an essential feature of free-market, or natural-law, anarchism -- would be inimical to liberty. Why wouldn't that which produced liberty be up to preserving it?

Thursday, September 03, 2015

Anarchism v. Minarchism

Lucy Steigerwald and I discussed anarchism versus minarchism at the latest Free Association webinar at Liberty.me.

Friday, January 13, 2012

This Is a Libertarian Argument?

Some libertarian minarchists reject libertarian anarchism on the grounds that a few people would get away with crimes or with not paying their debts. I don’t think this is true. The minarchists underrate the power of entrepreneurship and mutual aid to solve important problems. (And it’s not as if people don’t routinely get away with crimes, torts, and contract violations under any political system.)

But even if the minarchists were right, what kind of argument is that for a libertarian to deliver? It says that to make sure no escapes justice we should accept a monopoly law-enforcer sustained by aggressive force. I thought libertarians didn’t believe that good ends justify aggression. ("The principle that the end justifies the means is in individualist ethics regarded as the denial of all morals. In collectivist ethics it becomes necessarily the supreme rule." -- F. A. Hayek)

Odd, indeed.

Friday, September 10, 2010

Minarchists Are Ultimately Hobbesians

In the Hobbesian tradition of political thought, the likelihood that conventions of property and contract will spontaneously emerge and be protected by the voluntary defensive action of those benefiting from the conventions is never envisaged, and the task is entrusted to Leviathan, despite ample evidence that such conventions have since time immemorial been deeply anchored in people’s consciousness and conduct. Hume, I believe, was the first to recognise that conventions, including those regarding property and the keeping of reciprocal promises (i.e. contracts), exist and are the outcome of spontaneous rational conduct. He implicitly but clearly scotches the Hobbesian idea of a need for Leviathan when he says “…the stability of possession, its translation by consent and the performance of promises. These are…antecedent to government.”

The complete set of conventional rules banning torts against life, limb and property, nuisances, and incivilities is neither imposed nor sponsored by authority. Nor is it the outcome of bargaining. It constitutes ordered anarchy.

Tuesday, June 30, 2009

Anarchism Can Fly!

The minarchist is like a scientist who insists a bumblebee cannot fly because it doesn't satisfy his theoretical criteria for that capability. That bumblebees do in fact fly apparently offers little ground for examing and revising the theory.

Similarly, minarchists insist that market competition in the "production" of law and security in theory cannot generate a peaceful, just, and efficient society. Like the scientist, they ignore the many examples of successful stateless relations in history and in our own time, and refuse to examine and revise their theory of where law comes from and how it is enforced.

(The apparently true story on scientists and the bumblebee is here.)

Friday, June 26, 2009

Anarchists vs. Minarchists: The Defining Economic Difference


The crux of the economic difference between market anarchists and market minarchists is that the minarchists -- a priori -- find a market failure in the provision of law and security. Market anarchists do not. Considering that the minarchists embrace market theory in every other area, it seems they have the burden of showing why their own principles don't apply in those excepted areas. (It is significant that the first market anarchist we know of was an economist, Gustave de Molinari.)

Market anarchists have the theory, the history, and the moral philosophy. What's left?