By Duncan Whitmore
In a previous essay concerning the nature of the libertarian movement, we stated that the purpose of libertarian theory (in contrast to libertarian activism) should be to define and justify liberty – to tell us what liberty is and why it is a good thing. It is to the first of these tasks that this essay will be devoted.
Some readers may regard defining liberty as something of a redundant exercise. After all, we have had many definitions of liberty from libertarian and proto-libertarian thinkers, most of which say more or less the same thing: freedom from harm (J S Mill1); freedom from coercion (Hayek2); freedom from “restraint and violence by others” (Locke3); “Absence of opposition” or “externall [sic] Impediments of motion” (Hobbes4); “unobstructed action according to our will within limits drawn around us by the equal rights of others” (Jefferson5). Although modern libertarian theory has successfully refined these concepts – Mill’s harm principle was, for instance, notoriously vague – descriptors of liberty used by libertarians today (such as “self-ownership”, “private property” and “non-aggression”) still suffer from lacking several important clarifications. This is not to imply that libertarian scholars have failed to properly define these principles in the past; more that libertarians (myself included) have become so used to reciting them without further thought that a review of what they actually mean would not be out of place. Moreover, as we shall see below, very different consequences can flow from what appear to be relatively minor disagreements or misunderstandings.6 If this is the case within the community of libertarian scholars how much worse can it be outside of it?
One initial problem is that such concepts are themselves reducible to further fundamentals. What precisely, for instance, is aggression? Why are some acts aggressive whereas other acts are not? Does it have anything to do with intended hostility or are motivations irrelevant? What, also, does it mean to have “self-ownership”? Precisely what is the “self” and what does my “ownership” over it allow me to do? Continue reading
Against Lockdown – The Libertarian Case
By Duncan Whitmore
Although I have written on the topic of how libertarian property rights can be applied to the situation of viruses in two, previous essays, it is useful to summarise this again for a clearer picture. Such an endeavour seems necessary now more than ever, for in spite of increased opposition compared to the first round of lockdowns earlier this year, the various nations of the UK are again heading into some from of lockdown mode as the winter draws near.
Most sceptics of lockdown and restrictive policies designed to “curb” the onset of COVID-19 approach the matter from a utilitarian or technocractic angle – i.e. whether the measures that states are pursuing are an effective and/or proportionate response to the spread of the virus. While this is an invaluable exercise, it does not challenge the principle that the state has the prerogative to obliterate rights and freedoms in the manner that it has. In other words, the notion that, ultimately, our rights could be infringed on a future occasion when someone deems that it is “effective” and “proportionate” to do so is left untouched. Equally intact, therefore, is the notion that our rights are not immovably tied to our status as individual human beings, but are little more than privileges enjoyed at the sufferance of the state. This is not to imply that the principle of liberty has been ignored – former Supreme Court Justice Lord Sumption has been a notable high profile critic of the government in this regard. But the general opposition to lockdowns and other restrictions seems to assume that their only problem is that COVID-19 is simply not a big enough crisis to justify the present level of state intrusion. Thus, there is still a need to emphasise the fact that our rights exist not only in fair weather but in storms and hurricanes also – in fact, it is precisely in exceptional circumstances when rights need the most protection for it is always on these occasions that the state exploits fear and anxiety of unknown dangers so as to achieve greater incursions upon our liberty. Continue reading
Liberty and Society – a Reply to Ben Lewis
By Duncan Whitmore
In a recent post on this blog, the present writer offered an explanation as to why the intellectual accomplishments of Austro-libertarians have been disproportionate to their relatively meagre success in effecting real world change. We concluded that the attempt to merely spread ideas of the justice of non-aggression and the truth of “Austrian” economics is, in spite of its importance, not enough. Libertarians must also learn how to mould these ideas so that they speak to people’s aspirations within the prevailing conditions in which they live.
In a short post on the blog of Bastion Magazine – a relatively new publication which shares similar intellectual and political priorities to those of Mises UK – Ben Lewis has chimed in with something similar, addressing what he calls “the inconsistency of libertarian consistency” – that while conservatives, according to him, concede that libertarianism is a more logically consistent philosophy, this feature does not necessarily make the latter a superior system of thought should it be also inconsistent with “the real life nature of man and society”. These sentiments are in the same vain as three of his earlier blog posts where he discusses voluntary social relations, social duties and his reasons for being a conservative.1
To be fair to Lewis, not every view examined in this essay is necessarily one that he has stated explicitly and it would be wrong to ascribe to him a belief in every matter that is subjected to criticism. However, in the interests of thoroughness, we will examine not only what Lewis has actually said but also that which could be reasonably interpreted or inferred from what he has said.
…and What it Must Do
By Duncan Whitmore
Anyone who has taken the time to study in depth the wealth of scholarly literature of Austro-libertarianism cannot help but be enthralled by the intellectual treasures provided by our school of thought. Not only have we uncovered a body of knowledge which – especially in comparison to mainstream social science – is rigorous, scientific, coherent and interdisciplinary, but, as the true successors of classical liberalism, we have an inspiring vision of the future that can sweep away war, conflict, strife and poverty while propelling the human race to unheard of heights of peace and prosperity. Indeed, for many of us Austro-libertarianism has been the most joyous and rewarding discovery of our lives, providing a sheltered harbour in a world which would otherwise leave us adrift in a sea of chaos.
Unfortunately, we are forced to admit that the intellectual accomplishments of Austro-libertarians are disproportionate to our achievements in effecting real world change which, by comparison, are almost miniscule. Although most forms of direct socialism have been discredited by the disaster that was the Soviet Union, we are today living in a world of unprecedented state power which the majority of the population, buoyed by a sense of control instilled by their occasional visits to the ballot box, views as entirely legitimate. It is bad enough that the modern nation state has accreted to itself power and functions that ancient kings and emperors could only dream of; but we are confronted also by a pervasive attitude that any difficulty, problem, error, injustice or whatever that life may choose to throw at us – including our own personal foibles and failings – is always the state’s responsibility to solve. The problems of paper money, the welfare state, boom and bust, public “education”, crippling regulation, disastrous overseas wars and all of the other ills bred by the state are not going to be vanquished when the majority of the public regards this institution as the magic carpet that will whisk us all away to the land of milk and honey. Continue reading
LGBTs, Leftists and Libertarians
By Duncan Whitmore
In a previous essay posted on this blog, the present writer explored the poisonous proliferation of identity politics in today’s political discourse. One of the themes of that essay was that identity politics has served to create false group identities which misrepresent the interests of the individuals who are supposed to make up those groups, solely for the purpose of being able to pit each group against other groups for political gain. The actual interests of the individuals within each group are served poorly, if at all.
Continuing on a similar theme, we will, in the present essay, examine how various minority groups that have been championed by the left – many of which, such as those characterised by race, religion or sexual orientation, have won genuine and much needed victories against prior legal repression – are being exploited by the left in the current culture war. Although libertarians are right to welcome a renaissance of traditional, local, cultural and religious values as bulwarks against the metastasising growth of the state, it is not minority groups (or the vindication of their rights) per se which are a threat to traditional cultures; rather, the genuine threat is the attempt by straight, white, middle class virtue signalling liberals to grant legal privileges to these groups in an attempt to attack and weaken what remains of Western civilisation. Far from having their own, long term interests preserved by allying themselves with the left, these minorities may well be leading themselves over a cliff edge if they are swept up in the backlash against leftism that is manifest in the resurgence of populism, nationalism, traditionalism and anti-globalism. Consequently, we shall why it is libertarianism that can allow minority groups to flourish, and why members of minority groups should become libertarians. Continue reading
Libertarian Law and Legal Systems Part Three – Consent and Contract
By Duncan Whitmore
We will begin our survey of the causative events of legal liability in a libertarian legal system with those that arise from consent because, even though people may view “the law” as being synonymous with wrongs such as crimes and torts, consensual legal relations are, in fact, the most frequent types of legal interaction that arise in an individual’s life.
The predominant form of legal relations arising from consent is, of course, the contract; a person may enter tens of these contracts every single day by, for example, just purchasing a coffee, a bus ticket, or lunch, whereas most people would scarcely commit a single crime in their entire lives (although we might note that today states are happy to spill oceans of ink in criminalising, through legislation, even the most innocuous of actions). While any good legal system must have strong proscriptions against horrific acts such as murder and rape, it is the contract that is the primary preoccupation of everyone’s daily lives.
The first question to consider, then, is what exactly is a contract? Although it should be clear that all contracts concern some sort of bilateral arrangement, different legal systems have varying and often elaborate definitions. Continue reading
Libertarian Law and Legal Systems Part Two – Self-Ownership and Original Appropriation
By Duncan Whitmore
In part one of this five-part series we outlined some preliminary considerations concerning how a libertarian legal system might unfold and develop. We are now in a position to begin exploring the causative events of legal liability in a legal order governed by libertarian prescription.
Prior to considering any specific area of the law such as tort or contract we must explore the ways in which a libertarian legal system will recognise and enforce self-ownership and also the original appropriation of previously ownerless goods.
Technically speaking, the latter topic at least could be covered as part of the law of consent. This concerns the moral imperative that a person should only be liable for the actions that he has undertaken as a voluntary agent – i.e. through his own choice and volition. Both self-ownership and titles over goods allow their owner to not only enjoy the productive services flowing from his body and external goods, but equally and oppositely they burden him with the responsibility of ensuring that, through his actions, those goods do not physically interfere with the person and property of anybody else. Indeed, although law, as understood by libertarians, responds to actions rather than to ownership per se, there is likely to be at least prima facie liability of the owner of property if that property is found to have physically interfered with the person or property of somebody else. Thus, in the same way that it is unjust to physically interfere with someone else’s property, so too is it unjust to hold someone responsible for property that he has not voluntarily asserted control over through his actions. Continue reading