The Social Non-Contract: Governments Have No Right

Jan 30th, 2009 | By Whiskey Contributor | Category: Featured, Personal Liberties
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I’m going to start with a most controversial proposition:

No government has the right to exist.

First, I must specify what I mean by a right. We can define a right in many different ways, but the one thing that all conceptions have in common is that they are, ultimately, a justification for the use of force, or more simply, “I’ll kick your ass if you try to take this away.” If I have, for instance, a right to action or property, this means ultimately that I am ethically justified in using force to oppose you if you try to take my freedom or property away.

So far so good but, as for all other ethical principles, the trouble comes with the implementation. The government, for instance, claims the right to extort taxation money for all sorts of actions and trades, including simply working or owning a piece of land. Does it have such a right?

Groups cannot have rights above and beyond those of their component individuals, as only individuals can use violence and determine its validity. Any group is nothing more than the addition of individuals and the property and principles they produce or acquire for the purposes of the group’s activities. Therefore, if the government has the right to tax, meaning that it is justified in using force to take people’s money for its purposes, it must be the case that the individuals composing the government also have that right as individuals.

But it should be clear that no one has such a right. If any random person came to your door and demanded five thousand dollars so he could use it for his own purposes (say, giving it to poor people), you’d probably consider him to be a lunatic. If he drew a gun and threatened you, you’d consider him a dangerous lunatic thief. The only difference between this person and an IRS agent is that we don’t scream “thief!” when an IRS agent does the exact same thing, because, through indoctrination, takeover of many parts of society and sheer threats of force, government is given more legitimacy than a common thief. One cannot fight against the government or the system as a whole, therefore one must submit and forget about the unpleasant truth that one is being exploited.

Statists use many arguments to try to hide this obvious fact. Generally, they claim that government is necessary and that its purposes are essential. But it’s important to remember that all that a government does is control and corrupt production through tax spending and law, getting all sorts of benefits from this control. Government does not stop criminals: it controls and corrupts the production of policing services. Government does not build roads: it controls and corrupts the production of roads. The issue therefore is not how we can produce things, because individuals already do this, but rather how we want production to be controlled. Whose interests do we wish our institutions to pursue, those of the power elite or those of society as a whole? Republicans and Democrats are in the former camp (although they would generally not admit it), while most people who oppose the system would answer the latter. There is a lot more to say on this topic, obviously, but this is the problem as simply expressed as possible.

Another argument used by statists is that the government is justified by the consent of its subjects. This is a strange argument on the face of it, since no one is asked to consent to government before being its subject. The United States Constitution was not verbally or formally consented to by anyone alive, except government employees. But even if it was, we’d have to conclude that it was done under duress, since failure to accept the rules would deprive one of a living. How would anyone possibly say no?

This, by the way, is the basis of a recent argument, made by Charles Johnson and drawing from work by political theorist Crispin Sartwell, which seeks to demonstrate that there can be no such thing as consent to the State. To simplify, the argument says that, the fact that one has no alternative but to submit to the State means that there can be no such thing as consenting to the State, because consent (as opposed to desire or acceptance, which are purely private) can only exist in the presence of alternatives. The obvious statist reply is to claim that one is free to leave, but, notwithstanding the fact that this is not always true and that it also costs a great deal of money, this does not prove that one is consenting to government, since there are governments everywhere one might want to live.

But it’s important for me to point out that, even if either argument was true, they would not solve the problem of rights. Even if every single person in a given society could consent, and consented, to the existence of a government, it would not make the government any less coercive. Even if government was absolutely necessary for some essential function (something which sociological and historical studies disprove conclusively), it would not make government any less exploitative.

The obvious question arises: what does it matter if government is unjustified? They have the guns and “might makes right.” Certainly there is merit to this line of reasoning, not in the sense that might actually does make right (a position so repulsive that few non-insane people would accept its logical consequences), but in the sense that, as the ability to use force is a prerequisite for the expression of rights, might dictates the degree to which one can use one’s inherent rights. In our current society, you have the right to complain, sure, but that right is useless without the power to actually change anything. All it does is make people feel like they’re achieving something of significance, when all they’re doing is talking to a wall.

Now, as for why it matters: because we are all to a certain extent responsible for what happens in our society. The only manner in which a society can change for the better is by an awakening of all those people who know “something” is wrong, with their lives, with the system they live under, but can’t identify what. It is because they keep obeying this system of exploitation that it continues to flourish. As Anselme Bellegarrigue beautifully put it: “You believed until now that tyrants exist? Well! You were wrong, there are only slaves: where no one obeys, no one can command.”

For this to happen, there needs to be a global realization that the emperor has no clothes, both from a moral and from a practical standpoint. We need to get people off the mindset that we have to “save” our capital-democratic system, that if we can just get the right people or the right approach we can mend a process that was broken from the get-go. If you looked for a new car in the classifieds and found one that is advertised as not working, you just wouldn’t buy it. Buying it and then desperately trying to put it back together when you need to go to work would be a fool’s errand.

The belief that “good people” would make government itself become an apparatus dedicated to the well-being of its subjects is contradictory, because people who are so altruistic and dedicated would not need government to begin with. Even the framers of the Constitution, a document which is held as a paragon of freedom and yet gave birth to one of the most dangerous centralized governments in the world, understood this fact:

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, theĀ  great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

– James Madison

In the statist mindset, there can be only one sort of relation between people, and that is control. Any other mode of relating to others is excluded as being insecure, “not good enough” to keep society running. And if control is the only way we can run society, therefore the only debate left is how this control is to be implemented, whether it is to be implemented in one or three distinct organizations (which is really all that the so-called “checks and balances” of the Constitution are about), whether it is to be run on liberal or conservative principles, whether the supreme ruler should be named by a popularity contest or by the privilege of birth, and so on.

To this view of society we must contrast that of freedom: that each individual should be free to act in accordance with his own values, without being controlled by any exterior determinism. This view should be distinguished from ethical nihilism, which is in fact nothing but the flip side of statism. When might becomes the primary standard, there can be no fixed principles, only the whims of rulers. Any realistic conception of freedom must entail that our institutions, whether political, economic or social, must be constructed and maintained, not on the basis of might, but on the basis of moral principles.

Regards,
Francois Tremblay

January 30, 2009

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Whiskey Contributor

Whiskey & Gunpowder occasionally features commentary from financial analysts, experts, gold bugs and an array of contributors from various fields and occupations. Their diverse insights and contrarians investing ideas are hand selected by your Whiskey & Gunpowder editors. Special Report: From Hulbert's No 1-Ranked Advisory Letter Over 5 Years GOLD $2000 REPORT: Five entirely new ways to play the gold trend and a hidden way to snap up gold- for less than one penny per ounce!

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  1. On the whole, Monsieur Tremblay does a fine job outlining the limits on the legitimacy of government (which may well be no legitimacy at all). It might be beneficial, though, to draw more explicitly the distinction between freedom as Monsieur Tremblay defines it and the ethical nihilism he invokes. No more than an additional sentence or two would be needed, but his treatment of it here — “the flip side of statism” — might be mistaken for mere handwaving by some.

  2. Couldn’t agree more with the article’s conclusions but finding the author’s path there strewn with misconceptions. A right doesn’t give an individual permission to use violence. A right is a contractual limit on the government’s use of violence. Since, as the article points out, government has most of the weaponry, the trick is, as James Madison says in the quote the author displays but never addresses, to constitutionally institutionalize the constraints government must place upon itself. And that is why author’s conclusion is so important. Moral principles do have to be the basis upon which government is constructed and maintained. To that end we have made a cultural decision that representative democracy is the best form of government. Government is us. If the author feels that government is not him, then the democratic model has failed. To believe that no government could ever be him is to believe that democracy is impossible. Impossibility is a tough condition to prove, but there is no question democracy is problematic. That was Madison’s point and we certainly ought to continuously be discussing it. Madison is telling us why anarchy is not a goal we can achieve and hoping he is coming up with the best alternative. The author’s goal, stated in his final sentence, is also admirable, but nothing in his argument opens the door for ways to achieve it.

  3. If this had been written by a precocious sophomore in a lower-level political science course, it would almost certainly deserve an A (maybe even an A+ for mentioning Anselme Bellegarrigue). I had the impression, however, that W&G was concerned with realities and prospects in the real world. If so, this sort of thing wastes our time. Raise your standards!

  4. I agree utterly with Stephen’s comments. M. Tremblay’s article could have been plucked straight from mises.org (The Ludwig von Mises Institute), a bunch of ultra-right-wing pseudo-anarchists, who believe that the state should do nothing but preserve law and order, if that.
    I am a liberal, that is to say I strive for the freedom of the individual to do anything that does not infringe the legitimate freedom of any other individual. Most people would agree in principle, but many balk at its implementation, for example the freedom of any individual to cross international boundaries to perform honest activities such as earning a living.
    No government is legitimate without the consent of its subjects. That is why in democracies we elect our governments. But the consent of a majority alone does not legitimise a government. In a mature democracy the majority also accepts that minorities have rights too. Those rights include the freedom to reject fiat currency in favour of gold, for example. However they do not include opting out of the state apparatus, nor opting out of taxes which pay for the rule of law and hence the preservation of their freedom.
    Finally, there is no square inch on earth that is not subject to laws imposed by one state or several – not even the oceans nor Antarctica. Crimes known to have been committed anywhere can be tried somewhere.
    Statism is here to stay, so we must live with it and even be thankful for it. It is better than the theoretical alternative, anarchy.

  5. [...] Original post: The Social Non-Contract: Governments Have No Right [...]

  6. I love Mises.

    You complainers really need to make sure you’re reading the right newsletter. Hey, Larry Kramer is still giving free advice! You ought to check with him.

    There are plenty of places you can go lap up your statist, mainstream pap. This isn’t one of them.

  7. I, for one, Gary, pay attention to this site because I do invest in metals and energies and think the perspectives and forecasts here are solid and worth considering. I don’t have to agree that government has to be abolished in order to profit from those ideas. That doesn’t I mean I reject out of hand the political theories presented here. I read them, think about them, and draw my own conclusions. If you only intend this site for people who agree with you about everything, you can take my name off your mailing list. But if you value an exchange of ideas, you ought to appreciate that you’ve drawn a diverse audience.

  8. I can’t stand when people come here to whine about our politics. Our political philosophy informs our investment outlook and we are pretty clear about warning folks about what that philosophy is and that it’s going to pop up quite often. There’s a reason we call this “Whiskey & Gunpowder” instead of “Gold & Commodities.”

  9. I presented a reasoned, thought out response to your author and if you choose to characterize that differing point of view as “whining,’ I think you’re the poorer for it. Your “investment outlook” seems to me to be based on some good information about supply, demand, and past history. Your political philosophy makes predictions about how government actions have, can, and may affect that supply and demand dynamic and those insights are useful as well. As for your proscriptive ideology about how government ought to function or not function, it is worth thinking about and debating. But since what I have to invest is government issued currency and not trade goods for barter, telling me “no government has the right to exist” is a thought provoking idea but hardly one I can use in deciding whether or not to purchase one of the newsletters your site recommends.

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