Ad hominem attacks aside, YouTuber hawanja’s video on free-market anarchists seems to make the point that people “naturally organize themselves into hierarchies” that require violence to be maintained, so anarchism runs counter to the human condition. It is left unstated why violence is needed or ethically justified to maintain these hierarchies if they were so natural. He further claims that a state is the historically necessary “institution that enforces order through violence.”

The first of hawanja’s misunderstandings has to do with his definition of “state.” A key distinction I and Barack Obama would make is that a state claims a territorial monopoly on its enforcement of order through violence. The insinuation of hawanja’s definition, which ignores the territorial monopoly claim, is that any enforced order necessarily signifies the presence of a state. Throughout the entire video, viewers are presented with this false dichotomy: statism or chaos. Anarchists do not oppose order. The etymological origin of “anarchy” means no ruler (not no rules), similarly how “monarchy” means one ruler. Regardless, statists generally insist on conflating “anarchy” to mean a conflict for rulership that takes place in a failed state. Anarchism recognizes that rulers are not justified in their actions and are counter-productive to a peaceful, productive existence.

Another unfounded assertion is that “this natural hierarchical structure to human beings” is justified in using force to maintain its power. After all, just as a good majority of people naturally like ice cream, I hardly think that would justify “natural hierarchical structures” enforcing the consumption of ice cream.

The Enemy of My Enemy

Another tried and true fallback in defense of the state is the canard that a state is necessary to protect us from corporations, which hawanja rightly pointed out are creatures of plutocratic state protections and subsidies. They are granted limited liability by governments and are under a legal obligation to pursue the interests of shareholders, not employees or the environment or the public. However, should the blame rest with corporations or also with their architects (governments) that created them and shield them from accountability?

He cites laws prohibiting discrimination and child labor and food safety and consumer protections as examples of good government. Of course, governments have historically been used to promote all sorts of racial discrimination, child labor, and made food and consumer protections harder to come by and more expensive. hawanja unintentionally, I presume, confirmed this point when he showed a picture of Rosa Parks, the civil rights heroine arrested for disobeying a segregationist city ordinance that ordered she give up her seat to a white passenger, when he mentioned government laws prohibiting discrimination.

I think it is all well and good that government-enforced slavery and Jim Crow apartheid, the more overt government measures used to uphold discrimination, have been removed. However, that does not do so much to help those past victims of discrimination. All the ways that governments prohibit wealth creation has meant that past victims of government-enforced discrimination continue to suffer at the hands of government-enforced poverty. As Charles Johnson summed up in his “How Government Creates Poverty as We Know It” essay, “The poorer you are, the more you need access to informal and flexible alternatives, and the more you need opportunities to apply some creative hustling. When the state shuts that out, it shuts poor people into ghettoized poverty.”

Governments are not responsible for ending child labor. As a thought experiment, just consider what would happen if child labor was prohibited by law in Nepal. It would have the same effect as enacting California-style building codes in Haiti: absolutely none, because there is no wealth to implement those laws. The credit for the advancement of human civilization rests with the grandest form of human cooperation, the wealth-creating division of labor.

Coincidentally, I would think the issue of discrimination would create another dilemma for supporters of the state. Historically, racism, sexism and slavery would have been considered “natural hierarchical structure[s] to human beings,” just as the state is said to be. Yet, left-liberals, as I suppose hawanja is, do not propose that the enforcement of racism, sexism or slavery was just. Based on what principle though? And how would that principle not equally apply to racism, sexism and slavery?

hawanja also appears to be under the impression that governments were responsible for the abolition (or near abolition) of child labor, neglecting the fact that child labor is still legal in the United States under some circumstances. More to the point, mass child labor was an example of a problem exacerbated by the heavy hand of government. Had it not been for mercantilist and protectionist Robber Baron economic policies of the 19th century, wealth creation for the average family would have been realized much more broadly and quickly so that parents could afford to send their children to school sooner. Many social problems, including institutional discrimination, that governments are credited with fixing were largely already successfully being addressed through direct action before legislative interventions took place.

Consider consumer protections against price fixing. Historic examples of consumer protection during the Progressive Era were done at the behest of business interests. As noted liberal historical Gabriel Kolko wrote of the implementation of the Federal Trade Commission, in “The Triumph of Conservatism”:

The provisions of the new laws attacking unfair competitors and price discrimination meant that the government would now make it possible for many trade associations to stabilize, for the first time, prices within their industries, and to make effective oligopoly a new phase of the economy.

He called it a triumph of conservatism because federal intervention into the economy was able to secure the existing economic structure, what Kolko called “political capitalism” and what we know today as “crony capitalism” and “corporatism.” In Kolko’s conclusion, he said:

The varieties of rhetoric associated with progressivism were as diverse as its followers, and one form of this rhetoric involved attacks on businessmen—attacks that were often framed in a fashion that has been misunderstood by historians as being radical. But at no point did any major political tendency dealing with the problem of big business in modern society ever try to go beyond the level of high generalization and translate theory into concrete economic programs that would conflict in a fundamental way with business supremacy over the control of wealth. It was not a coincidence that the results of progressivism were precisely what many major business interests desired.

Kolko’s book is something, documenting how nearly every aspect of the Progressive Era legislation — from food inspections, environmental conservation and banking reforms, for example — were used as covers to cement the existing cartelized trusts already in power.

The book does a great job of documenting the problem with hierarchical institutions, that the people who already have the most access to the government are going to have the most influence in shaping what solutions are offered, how they are interpreted and how they would be implemented. Regulators — like all self-interested creatures — are sure to implement solutions that preserve their power and prospects for future employment, since their interests closely align with those of the regulated. If regulators or politicians are corruptible with bribes, the powerful can leverage their influence to a greater degree than they could in a freer market. For just a fraction of the cost, favorable regulations worth millions of dollars can be bought with campaign contributions. On a free market, it would be more costly to bribe someone who did not have the luxury of using taxes, as government regulators can, to pay for the enforcement of regulatory or legislative cronyism.

Making More Trouble

Next, the video documents social problems that libertarians typically attribute to government. In the past, I might have been guilty of short-changing why those problems are a consequence of government intervention, so I will take the time below to make the points clear.

1. Food prices — Yes, governments subsidize cattle and meat production at the expense of healthier, more natural forms of food, and place restrictions on the importation of those products. It is not a market phenomenon that it costs more to purchase a salad than a hamburger. All the resources devoted to feeding cows and other animals and creating bio-fuels like corn-based ethanol could have been used to produce food for organic diets. In addition, the federal government has sealed off arable land that could be used to farm, and city ordinances often place restrictions on mixed-use property, some of which could be used for home or community gardens on abandoned property.
2. Low wages — The ways in which labor organizing is discriminated against is too long to list. Just to list some examples, I would point to the ’35 Wagner Act, which was championed by business interests and conservative unions to clip the more wildcat unions like the anarchist International Workers of the World. Typical demands, like collective bargaining and calling for limited strikes, that unions are legally permitted to make today are pretty meek by comparison. Before the era of having to get government recognition, when most of the historic gains of the labor movement were actually realized, unions could call for general strikes and indirect boycotts, opened union hiring halls, signed closed-door contracts or demanded worker management of the firm. Other government interventions are through occupational licensing laws, use-restricted zoning regulations, legal tender laws, capitalization requirements and capital-favored taxation policies that mean more people have to work for wage labor in the first place.
3. College expenses — It is not a coincidence that college tuition expenses increase at the same time that governments actively encourage people to go into debt by providing low-interest loans and restricting the establishment of new higher education options. The government and the corporate credentialism fetish is also partly to blame. One major expense of college is the cost of textbooks, which are artificially marked up do to the enforcement of artificial intellectual property claims.
4. Environmental conservation — It is also no secret that common law environmental tort protections were removed from courts in the 1900s, which is how pollution problems were handled until environmental legislation that legalized greater environmental damage took power out of the hands of property owners. That is not to mention that the largest polluter in the entire world is the United States federal government.
5. Drug safety — Yes, illicit drugs are more dangerous because of government. They cannot be made under true laboratory conditions; there is no possibility of any legal redress for fraud; and every year millions of people acting consensually are terrorized by government agents and hundreds if not thousands are killed by those government agents. The crime and escalated costs associated with drugs are a consequence of prohibition.
6. Terrorism — See “Blowback: The Costs and Consequences of American Empire” by Chalmers Johnson.

At the beginning of the video, hawanja criticized the favoritism that governments grant corporations, only later to praise the cronyism of farm subsidies for multimillion dollar farm conglomerates. He said that government protection has led to stable food prices in the United States, which is not so true of late. However, the relative stability has only come because Americans already pay much higher prices for foods like sugar than do residents of developing nations. In terms of dollars, the average American family transfers an additional $146 to large agribusinesses every year because of these policies, which do not include the approximate $300 per family given directly to mostly multimillionaires through the federal budget. The costs of milk, butter and meat products would be deflated if trade restrictions on international markets were abolished, helping to reduce poverty overseas.

Looking at the unintended consequences of those subsidies, the abundance of corn, some of which is used to sweeten sodas, has been linked to increased obesity in Americans. There is also the problem that developing nations wanting to compete in farm production are constantly being underpriced by subsidized farmers, leading developing nations to become dependent on subsidized farmers for food. That is something developed nations hold over developing nations as part of “Open Door Imperialism,” but it is not a fact I would cheer. Without government protectionism, land use could become more environmentally friendly, as well. A Reason magazine article said:

The distortions and perverse incentives of U.S. agricultural policies have encouraged practices that damage the environment. Trade barriers and subsidies stimulate production on marginal land, leading to overuse of pesticides, fertilizers, and other effluents. A central if unstated purpose of American farm policy is to promote production of commodities that would not be economical under competitive, free market conditions. This often means emphasizing crops better grown elsewhere, requiring more chemical assistance.

The conclusion of the video makes a laundry list of mandates that hawanja thinks the free market could not provide, like affordable housing and health care, public transportation, environmental and consumer protections, expanded broadband internet coverage, protection for the homeless, protection of endangered species, food and medical safety and national security. He said that the free market cannot do these things; “we do these things because we need them to survive.” His unstated argument is that these are public goods that markets cannot provide for.

I have argued in the past that with a little creativity, public goods can be provided, assuming there is public support for those goods, which would also have to be the case in a democratic government. To quote Kevin Carson, “As always, it’s not a question of what we’ll do when the state stops solving the problem. It’s a question of how to stop the state from creating the problem.”

The problem becomes that regardless of the possibility of providing those public goods on an open market, those goods become harder to achieve with a government in place, which creates an entirely new set of obstacles for achieving those original public goods governments were purportedly created to solve in the first place. Public goods, like security and safety, are not impossible for governments to provide, just costlier and more difficult than they would be on a free market. The first new public good created by the presence of a democratic government would be an informed electorate. It is not in the average person’s economic interest to know much about the issues at hand or the candidates running for office. That is because a single individual’s vote has almost no significance in the outcome of an election, and even if a single vote could turn an election, a voter has no method of holding a politician to his or her campaign pledges. It gets worse. A single politician in Washington, D.C., is one of 535 votes in the legislature. The idea that a citizen’s vote would make any noticeable difference to the his or her life is almost inconceivable.

The second public good that must be provided for in order to solve the original public goods problems is the creation of just laws. When thinking about it, there are thousands and thousands of pages of legislation and regulation under discussion. It would be next to impossible and meaningless to read every line of every bill introduced or regulation proposed in order to find out if some special benefit is being given to this or that special interest lobbyists. Even if we could decipher what the legislation or proposed regulation meant and its impact in the future, which would be difficult enough, contacting a congressman or regulator is going to have a negligible impact on influencing policy. Even if we could change the policy, it most likely only means a savings of a few dollars or cents per voter. Special interests who stand to gain millions or billions are always going to have the time and money to devote to gaining special favors.

Since human beings are not perfect or all-knowing, market failure is possible, but as David Friedman notes, “In the political system, market failure is the norm. If you think of the political system as a marketplace, we cannot expect individual rationality to produce group-rational results.” So the idea that government would work if we could only get the right people in charge is a failed strategy in practice and beyond naïve in theory.

When a government does try to address public goods that allegedly cannot be provided by the market, policies are going to serve the powerful and wealthy. Seeing how I would actually like to see those public goods provided to people, I cannot support a government, because a government makes those products less attainable for the people who most desperately need them.

The constitution, which is supposed to be a check on government power particularly during times of emergency, has predictably been ignored. That is no surprise since the federal government has the final authority to interpret and enforce the construction on itself.

However fantastical, I would like to see some steps taken in the interim of achieving complete liberty.

Step 1. Withdraw all monetary and military support from the Arabian peninsula, fracturing the anti-American coalition and deflecting animosities to others in the Muslim world

Step 2. Do not torture suspected terrorists, which only serves to heighten grievances

Step 3. Uphold the Bill of Rights by holding trials for suspected terrorists and treat them as the common criminals they are

George Donnelly makes two contributions today. The first is his rebutal to the grieved Joseph Stack, who published a suicide note online before flying a single-engine plane into an Austin building housing the offices of the Internal Revenue Service on Feb. 18. Stack had claimed he was left no other option, stating that “violence not only is the answer, (sic) it is the only answer.” Donnelly wrote:

Am I powerless? My vote doesn’t count. My voice is not heard in the corridors of power in Washington. My bank account is too small to fund political change. My salary is siphoned off into FICA taxes, income taxes, gas taxes, mortgage payments, credit card payments and inflated grocery bills before I see a dime. At any time I could be assaulted by the cops, fined by meter maids, tasered by the state police, murdered by the ATF, seized by the FBI or left penniless by the IRS. I am a punching bag standing patiently in line for my turn in the wringer. …

When I’m frustrated I remember that none of it matters. It doesn’t matter that the wrong candidate won office. He doesn’t rule me! He only has as much power as I voluntarily grant him. I never agreed to be bound by the laws he passes. I live my own life with integrity and honor by following the natural law: I do not aggress against others and I keep my word. …

As I grow more happiness and independence in my own life, I will help others do the same. I’ll boycott the strategies, agencies, options and involuntary obligations that once led me into vulnerability. I’ll exhort others to do the same. Soon we will be free, happy, at peace and prosperous. I am powerful. I have many options. I can overcome. I can make a better life for myself. I can.

In another post, “We Must Live in Alignment with Our Principles,” Donnelly makes a point I’ve been reconciling in my own mind.

Liberty starts with each of us. If we can’t make the voluntary society happen in our own lives, what hope is there of making it happen on a large scale? Change requires that good people set good examples. If nothing else, your efforts will keep the promise of liberty alive until conditions become more favorable. It’s our best option. No one will make this happen but ourselves. We are the ones we’ve been waiting for.

~ Answering the ‘Yes, But the State is Inevitable’ Falsity

For context, Benjamin Tucker defined government as “the subjection of the noninvasive individual to an external will.” BK Marcus answered whether government was inevitable.

And for me, the question “Isn’t some form of State inevitable?” is like saying We will never get rid of rape and robbery, murder and torture, so what sense does it make to take a principled stance against these things? They will always be with us.

It’s sad to me that such a basic thing as the principled opposition to coercion is considered to be extremist, unreasonable, unrealistic. Why do I have to believe in permanent peace to oppose war? How is it utopian to denounce force?

I share your confidence that force and fraud will always be with us, and I will always oppose them. But Statism is more than the prediction of “the subjection of the noninvasive individual to an external will.” Statism is the claim that institutionalized proactive coercion is justified. Anarchism rejects that conclusion” (emphasis in original).

~ The New Normal for Government Services

Wendy McElroy has a post from TechDirt about the new ways that government is servicing you. In California, the city of Tracy is going to charge residents $300 and non-residents $400 when the fire department is called to a medical emergency. I would completely support this but for the fact that residents already have to pay for the fire department with taxes. The reason the city is having to take such measures is to pay back the government-backed labor union that lobbies for excessive compensation and funded the city council member’s election campaigns. The city spends $9 million per year in a city of 80,000 on employee pensions and deposits ¢33 for every dollar the police and fire fighters make in wages.

No charge will be issued when the fire department responds to a car collission or a fire. So the solution is simple enough, according to McElroy: “In short, if you see someone have a heart attack in the street, you should quickly set a trash bin on fire.”

~ Think Small, Change the World

Libertarian persuasion guru Michael Cloud has some advice and motivation for activists.

Because the vital few, the great men and women, the key events were indispensable and necessary to what happened — but they were *not* sufficient to make it happen.

Without the vital, indispensable small actions of many forgotten individuals, the great events would have faltered, fizzled, and failed. …

Think small. Start small. Work small. For liberty. You can change the world.

~ Speaking of Changing Minds

Seth Godin has a post on the importance of extremists. He concludes:

It’s interesting to note that an enormous amount of apparently principled argument goes on about relatively tiny movements in where the line is being drawn. In most cases, to paraphrase an old joke, “we’ve already figured out what sort of girl you are, now we’re just arguing about the price.” It’s not the principle, in fact, it’s just the degree of compromise we’re comfortable with and content to argue over.

And so it’s left to the zealots. The people at either end have little hope of moving the masses all the way to their end of the argument. Instead, what they do is make it feel safer to change the boundaries, safer to recalibrate the compromise. Over time, as the edges feel more palatable, the masses are more likely to be willing to edge their way closer to one edge or another. Successful zealots don’t argue to win. They argue to move the goalposts and to make it appear sane to do so.

His particular justification is the social contract (compact) theory, an ex post facto excuse for a dominant majority to subjugate the will of a minority while simultaneously attempting to evade their own psychological trauma for doing so. There are many versions of the social contract, some larger in scope than others, but his happens to be quite limited. He believes a social contract obliges adults to defend the rights of others in the community and to deliberate in an assembly to make legitimate changes to the government.

We’re going to take things away from you on behalf of the common good. — Hillary Clinton

This is all well and good, but I didn’t understand how a social contract could be established or what happens to those who disagree that a social contract had been established. As it turns out, individuals agreeing to pool their resources to defend against threats to their liberty (or rights) are forming a social contract. In doing so, a society is innately created, and as children become adults, they inherit this social contract and further these obligations of protection and deliberation onto their children, and so on and so on. Already, we can see the circular argument in this theory. Liberty and rights are a function of living in a society; societies cannot be formed for the protection of liberty since the concept of liberty is meaningless and has no value before joining a society. (For someone concerned about protecting liberties, forming a government is doubly confusing since governments are the greatest violators of liberty to have ever existed.) Ludwig von Mises said, “Society is division of labor and combination of labor.” The protection of liberty is not the purpose of society, but it is a fortunate consequence. Instead, the purpose of joining or maintaining a society is to form a division of labor, making the efficient protection from criminals one of the society’s many byproducts. Society is a mental pursuit, first. It is an attempt by individuals to quell some easiness about their existence, to improve the material conditions they experience. Some individuals in a society may make an explicit loyalty oath among themselves to defend each other from criminals, to educate the young, or to share their food in common, but those are not a necessary condition for a society to be created. In theory, a group of self-sufficient families who otherwise never interacted could form a self-defense compact, but they would get none of the benefits of a society. If an obligation of protection were a necessary component of forming a society, then it could equally be stated that there is an obligation to feed, to house, and to care for, and to educate the less fortunate, neccessitating an intrusive government that redistributes income. While I agree that it is moral to lend assistance to those who are deserving, I also agree with Lysander Spooner that those are acts “which each man must be his own judge, in each particular case, as to whether, and how, and how far, he can, or will perform them.”

Another justification, I was told, was that the majority support the social contract, yet the vast majority of people are not legislators. By what right may legislators make laws if they are so greatly outnumbered? Supposedly, these legislators are chosen by the people in the society — who have reached a certain age, have not committed one of the several thousand vague laws or regulations, have filled out paperwork correctly within a certain number of days before the election, have citizenship approval of the government, and have attended the polling station on a certain day within an allotted number of hours every two years. In 2008, only 31 percent of United States citizens chose who would be in control of the government’s thermonuclear warheads, and most polls give Congress a job approval rating of less than 30 percent. Worse still, government regulators — the ones who interpret and enforce the laws to their own liking — never stand for election. Setting aside the immorality of majoritarianism, it is impossible to prove the intent of those supporters. It is possible that the support of anyone who chooses to remain within a territory was contingent on preserving some liberties or being made a slave. If my only options are to live in a neighborhood prone to terrorism or a neighborhood prone to vandalism, I could probably live with some random vandalism. That decision is not an approval of vandalism as much as it is an objection to being killed. In a stateless society, there exists an additional option, to form your own community or not participate, just as individuals can provide their own services, which ensures that the market has the possibility of satisfying the smallest minority of one.

I don’t know of anyone who believes that the majority will should be followed all the time, so there must exist a higher standard. Others believe that the will of the majority may be fallible but nevertheless should be given priority. Can the will of the majority be accurately determined by the political process? Voters are never given the choice of none of the above, so it is impossible to determine if a candidate won an election because he or she was the true favorite or if he or she was the “lesser evil” who actually stood a chance of winning. Determining the will of the majority is preposterous, but perhaps this centralized bureaucracy with no financial incentive to provide timely, efficient service had a crystal ball in its possession that could read the mind of every resident. It would still be necessary to prove that the will of the majority had not been tampered with by bribes or propaganda from the government. Nothing could be less true. Those in the government give one another special favors; they bailout failing companies, stymie competitors, offer discounted credit, and give preferential treatment to politically connected laborers. That is what they do. Government-approved education is compulsory during a child’s most formative years. In 2008, H. Walter Croskey, a California appeals court judge, in essence made homeschooling illegal in the state, saying that “A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare.”

Well, maybe the government’s crystall ball can see past the theft and propoganda of the government. Even still, a social contract, since it is not material, in no way makes clear that the agreement is perpetually binding on everyone except those who intentionally opt out. Implicit contracts are unenforceable because the terms of the agreement are not objective, so any enforcement is capricious. If someone is obliged to defend the rights of others in the society, how many times, to what extent, and by what means? Who knows. For this reason, individuals ought not enforce implicit contracts; and individuals acting in concert under the guise of a government have not moral claim to enforce them either.

If nothing else, the social contract is a self-defeating idea because it violates the premise of its own existence, the protection of liberty, since a coercive majority may impose the social contract on a minority. (There are also the tiny discrepancies that no government has ever been established this way and that United State Supreme Court justices have ruled since 1855 and subsequently that agents of the government do not have an obligation to protect residents from “killers or madmen.”)

When I confronted the scholar with some of these seeming contradictions in the social contract theory, he said that if I knew of a mortal threat to the community, “[Y]ou had better respond and do your part, or I will hang your ass.” At that point, I knew there was no purpose in continuing the discussion. Once a person resolutely accepts evil and proudly brandishes it (at your throat no less), rational discussion ceases.

He continued that the social contract exists to serve “the group” as a whole since it “may not be rational for the individual member.”

How many things that are good for you, that you will benefit from, need to be imposed on you … with force? — Brett Veinotte

Contemplating the risk and reward of negating the peaceful will of another human being for the sake of the collective is moral cannibalism, giving man the same status as a sacrificial animal. Insofar as force is applied, the only tool available for human beings to progress and flourish — his reasoning mind — is lost.