From Jason Smathers’s report on Wendy McElroy’s recent anti-voting lecture at the University of Wisconsin-Madison:

You put your trust in the state because it filters out complexities of life you either cannot manage on your own or see no need to. Why do people obey unjust laws? Because — for the majority, in most cases — it’d be a whole lot more problematic and chaotic without the system there. I may recognize that a war we’re involved in is unjust, but I don’t attempt to overthrow the government because the state simplifies my life in ways that more directly affect me.

Well. I, for one, know that if I were an Iraqi child, I would be happy to die so that Jason Smathers can live a simpler life.

Here’s what I got in the mail Monday afternoon. It took a week longer to reach me than it did to reach Roderick; I don’t know whether that’s one of the perks of being an editor rather than a mere contributor like me, or simply because I’m way out west and he’s in Alabama.

Liberty, Equality, Solidarity: Toward a Dialectical Anarchism

Charles Johnson

The purpose of this essay is political revolution. And I don’t mean a revolution in libertarian political theory, or a revolutionary new political strategy, or the kind of revolution that consists in electing a cadre of new and better politicians to the existing seats of power. When I say a revolution, I mean the real thing: I hope that this essay will contribute to the overthrow of the United States government, and indeed all governments everywhere in the world. You might think that the argument of an academic essay is a pretty slender reed to lean on; but then, every revolution has to start somewhere, and in any case what I have in mind may be somewhat different from what you imagine. For now, it will be enough to say that I intend to give you some reasons to become an individualist anarchist,¹ and undermine some of the arguments for preferring minimalist government to anarchy. In the process, I will argue that the form of anarchism I defend is best understood from what Chris Sciabarra has described as a dialectical orientation in social theory,² as part of a larger effort to understand and to challenge interlocking, mutually reinforcing systems of oppression, of which statism is an integral part—but only one part among others. Not only is libertarianism part of a radical politics of human liberation, it is in fact the natural companion of revolutionary Leftism and radical feminism.

My argument will take a whole theory of justice—libertarian rights theory³—more or less for granted: that is, some version of the non-aggression principle and the conception of negative rights that it entails. Also that a particular method for moral inquiry—ethical individualism—is the correct method, and that common claims of collective obligations or collective entitlements are therefore unfounded. Although I will discuss some of the intuitive grounds for these views, I don’t intend to give a comprehensive justification for them, and those who object to the views may just as easily to object to the grounds I offer for them. If you have a fundamentally different conception of rights, or of ethical relations, this essay will probably not convince you to become an anarchist. On the other hand, it may help explain how principled commitment to a libertarian theory of rights—including a robust defense of private property rights—is compatible with struggles for equality, mutual aid, and social justice. It may also help show that libertarian individualism does not depend on an atomized picture of human social life, does not require indifference to oppression or exploitation other than government coercion, and invites neither nostalgia for big business nor conservatism towards social change. Thus, while my argument may not directly convince those who are not already libertarians of some sort, it may help to remove some of the obstacles that stop well-meaning Leftists from accepting libertarian principles. In any case, it should show non-libertarians that they need another line of argument: libertarianism has no necessary connection with the vulgar political economy or bourgeois liberalism that their criticism targets.

The threefold structure of my argument draws from the three demands made by the original revolutionary Left in France: Liberty, Equality, and Solidarity.⁴ I will argue that, rightly understood, these demands are more intertwined than many contemporary libertarians realize: each contributes an essential element to a radical challenge to any form of coercive authority. Taken together, they undermine the legitimacy of any form of government authority, including the limited government imagined by minarchists. Minarchism eventually requires abandoning your commitment to liberty; but the dilemma is obscured when minarchists fracture the revolutionary triad, and seek liberty abstracted from equality and solidarity, the intertwined values that give the demand for freedom its life, its meaning, and its radicalism. Liberty, understood in light of equality and solidarity, is a revolutionary doctrine demanding anarchy, with no room for authoritarian mysticism and no excuse for arbitrary dominion, no matter how limited or benign. […]

1. For the purposes of this essay, I will mostly be using the term anarchism as shorthand for individualist anarchism; since the defense of anarchism I will offer rests on individualist principles, it will not provide a cogent basis for communist, primitivist, or other non-individualist forms of anarchism. And I will use the term individualist anarchism in a broad sense, to describe any position that (1) denies the legitimacy of any form of (monopoly) government authority, (2) on individualist ethical grounds. As I will use it, the term picks out a family of similar *doctrines*, not a particular self-description or historical tradition. Thus it includes, but is not limited to, the specific nineteenth and early twentieth-century socialist movement known as individualist anarchism, whose members included Benjamin Tucker, Victor Yarros, and Voltairine de Cleyre. It also includes the views of twentieth and twenty-first-century anarcho-capitalists such as Murray Rothbard and David Friedman; contemporary self-described individualist anarchists and mutualists such as Wendy McElroy, Joe Peacott, and Kevin Carson; and of others, such as Gustave de Molinari, Lysander Spooner, or Robert LeFevre, who rejected the State on individualist grounds but declined (for whatever reasons) to refer to themselves as anarchists. Many self-described socialist anarchists deny that anarcho-capitalism should be counted as a form of anarchism at all, or associated with individualist anarchism in particular; many self-described anarcho-capitalists deny that socialist anarchism should be counted as a form of genuine individualism, or genuine anarchism. With all due respect to my comrades on the Left and on the Right, I will use the term in an ecumenical sense, for reasons of style, and also because the relationship between anarchism, capitalism, and socialism is one of the substantive issues to be discussed in the course of this essay. ↩

2. See Chris Matthew Sciabarra (2000), Total Freedom: Toward a Dialectical Libertarianism. See also Sciabarra 1995a and 1995b. ↩

3. Libertarianism as discussed in this essay is a theory of political justice, not as a position on the Nolan Chart. Small government types who speak kindly of economic freedom or civil liberties may or may not qualify as libertarians for the purpose of my discussion. Those who treat liberty as one political good that must be balanced against other goods such as social stability, economic prosperity, democratic rule, or socioeconomic equality, and should sometimes be sacrificed for their sake, are unlikely to count. Since they are not committed to the ideal of liberty as a principled constraint on *all* political power, they are no more likely to be directly convinced by my arguments than progressives, traditionalists, communists, etc. ↩

4. Of course, the male Left of the day actually demanded fraternité, brotherhood. I’ll speak of solidarity instead of brotherhood for the obvious anti-sexist reasons, and also for its association with the history of the labor movement. There are few causes in America that most twentieth-century libertarians were less sympathetic to than organized labor, but I have chosen to speak of the value of solidarity, in spite of all that, for the same reasons that Ayn Rand chose to speak of the virtue of selfishness: in order to prove a point. The common criticisms of organized labor from the twentieth-century libertarian movement, and the relationship between liberty and organized labor, are one of the topics I will discuss below.↩

—Charles Johnson (2008), Liberty, Equality, Solidarity: Toward a Dialectical Anarchism in Roderick T. Long and Tibor Machan (eds.), Anarchism/Minarchism: Is a Government Part of a Free Country. Ashgate Press, ISBN 978-0-7546-6066-8. 155–157.

The good news, for those whose interest is piqued and who would like to read the whole thing, is that the book is now available for pre-ordering and will be shipped somewhere around the end of the month. The bad news is that it’s about $80.00 for the hardcover edition, which is, for the time being, the only edition there is. (If you’re interested in reading the essay but are unlikely to have the bread to buy the book anytime soon, contact me privately.) In any case, for those who do get a chance to read the essay, I’d be glad to hear what you think, or any questions you may have, in the comments section at this post.

I mention this in the essay, but I’d like to repeat it here while I have the chance: the debts I accumulated in the process of writing this essay, and the earlier work on which it drew, are too numerous to give an accounting of them all, but I would especially like to thank Laura Breitenbeck and Roderick Long. The essay would have been much the poorer, or simply nonexistent, without their patience, inspiration, collaboration, encouragement, and detailed and very helpful comments

(Thanks to Austro-Athenian Empire 2008-01-28 and Wendy McElroy 2008-01-22, which each have some excellent comments. Read the whole thing and all that.)

Cops in America are heavily armed and trained to be bullies. They routinely shove their way into situations where they aren’t wanted, aren’t invited, and have no business being; they deliberately escalate confrontations in order to stay in control through superior belligerence; they commonly use force to end an argument and then blame it on their victim; and they invariably pass off even the most egregious abuses of power as self-defense or as the necessary means to accomplish a completely unnecessary goal. Cops carry a small armory of weapons and restraints that they can freely use to hurt or immobilize harmless or helpless people, and a small library of incredibly vague laws (disorderly conduct, resisting a police officer) that they can use as excuses for hurting, restraining, and arresting their victims, with virtually no danger of ever being called to account for their actions as long as other cops, who already have a professional interest in minimizing or dismissing complaints about abusive pigs, can figure out some way to fit the use of these incredibly vague offenses into the police department’s incredibly vague Official Procedures for arrests and for the use of force. The practical consequence of their training and the institutional culture of impunity within which they operate are squads of arrogant, unaccountable, irresponsible hired thugs with massive senses of entitlement, organized into a paramilitary chain of command, who contemptuously regard their neighbors as mere civilians, who treat anyone who dares to give them lip or who questions their bellowed commands as a presumptive criminal, who have no scruple against using pain or arrest in order to force you to comply with their arbitrary orders, and who excuse any sort of abuse by sanctimoniously informing you that it became necessary to stomp on you in order to protect you — whether or not you ever asked for the protection in the first place.

Thus, a couple weeks ago, in Clearwater, Florida, Jean Merola, a 75-year-old grandmother of eight, got served and protected at the drive-thru of her neighborhood McDonald’s by Officer Matthew Parco, who happened to be behind her in the line and who took it upon himself to do some policing of the McDonald’s parking lot — without ever having been asked to by anybody at McDonald’s, of course, and in fact hassling, escalating a confrontation with, and then finally handcuffing and arresting Jean Merola for parking her car exactly where the cashier at McDonald’s had told her to park:

About 4 p.m. Thursday, Merola pulled her gray Lincoln Town Car up to the drive-through window of a Clearwater McDonald’s minutes from her home. She ordered the coffee and medium fries, no salt.

No salt on fries being a special request, the teller told Merola to pull forward to an area of striped asphalt where customers are typically asked to wait if their orders will take some minute.

Suddenly, Merola heard a car horn blasting behind her. In his cruiser sat Officer Matthew Parco, 30, a member of the force since December 2006. He kept honking and waving his arms, Merola said.

She did nothing.

Then he stepped out of his cruiser, walked up to Merola’s driver side door and asked for her license and registration. Merola bristled. Not until you tell me what I’ve done wrong, she told him.

He told me something about being parked in this particular place, Merola said Friday. I told him this is where the people from McDonald’s told me to park.

—Will Van Sant, St. Petersburg Times (2008-01-19): Her wait for french fries ends with a taste of jail

Little did she know that the McDonald’s parking lot, just like everywhere else in the city, happens to be Officer Matthew Parco’s proprietary domain, and if he tells her to move her car away from where the business occupying the lot told her to move it, she’d better ask How fast, damnit. If she doesn’t recognize her civic duty, it’s probably because she’s old and crazy:

In his report, Parco says he asked Merola to move the Town Car forward a foot to allow cars in line to go around. If he did, Merola said she doesn’t remember it. And it was actually his cruiser blocking people, she said.

But Merola said she was really offended when Parco called a supervisor to say he had a possibly demented woman on his hands who might need to be held under the state’s Baker Act.

—Will Van Sant, St. Petersburg Times (2008-01-19): Her wait for french fries ends with a taste of jail

The Baker Act is a Florida state law which allows any government cop, more or less at his pleasure, to legally declare that you must be crazy and arrest you so that he can force you to undergo a psychiatric exam, possibly to be followed by involuntary commitment to a government-approved psychoprison hospital ward. This unchecked and almost completely discretionary power to ruin your life on a cop’s whim is all For Your Own Good, of course.

He was aggravating me by saying that, Merola said. I said, I don’t have dementia, tell your supervisor.

By then, Merola had called Parco a brat, but the dementia comment stirred anger. Merola upped the ante and called him a smart a— and a dumb s—-.

She’s never been easily pushed around, her daughter said Friday.

She’s not a meek and mild little old lady, said Deborah Burge of Palm Harbor. She’s going to say, Hey, what did I do wrong?

Parco handcuffed Merola behind her back and put her in his cruiser. Another officer arrived and drove her to the Pinellas County Jail, where the widow of 10 years was booked for disorderly conduct. She had no previous criminal record.

—Will Van Sant, St. Petersburg Times (2008-01-19): Her wait for french fries ends with a taste of jail

The cops kept her handcuffed for an hour, to protect themselves from the obvious danger posed by a crying 75-year-old woman. For the terrible and dangerous crime of demanding to know what she did to deserve a cop getting in her face, for not flashing her papers on demand, and for offending against the grave dignity of a petulant, pushy, and insulting Officer Of The Law, Officer Matthew Parco had Jean Merola locked in a cage for the afternoon, and meanwhile impounded her car (which it cost her $160 to recover once she was free).

Trying to account for her own behavior, Merola said she was taught to respect the police because they are there to protect and help you. It’s a message she said she had passed on to her three children.

Despite the uniform, she suggested, Parco just didn’t seem like the real thing.

I guess I felt he wasn’t a police officer, Merola said. He wasn’t there to help me, he was there to be mean to me.

—Will Van Sant, St. Petersburg Times (2008-01-19): Her wait for french fries ends with a taste of jail

Jean Merola no doubt meant that in a metaphorical sense. But I think there’s a very literal sense in which she is right. Professional police are, and ought to be regarded as, ordinary mortals, just like you and me. They are not a special or superior class, and they neither require special privileges nor deserve special immunities from what we normally expect from ordinary decent and honest people. If I got up in an old lady’s face face, implicitly called her crazy, threatened to have her committed, and then responded to the insults that my unhinged behavior so clearly merited by pulling her out of her car, cuffing her behind her back, and locking her in a cage, you’d consider me an asshole, at least. If I did all that based on a complete mistake, in which I barged onto somebody else’s property, ignorantly ordered around people in their parking lot, and then, when corrected about the owner’s policy for use of the parking lot, insisted that I was entitled to tell them how they should run their own damn parking lot and to yell at or arrest anybody who didn’t pay attention to my ideas about how it should be used, you would consider me not only an asshole, but a dangerous lunatic and a menace to public safety. Respect and courtesy are for those who earn it, not for any two-bit punk who figured out how to put on a uniform and swing a night-stick. Those who are actually protecting identifiable innocent people from harm—and I mean in their actions, not in their mission statements—have every right to do what they are doing, and every right to use force to defend others against aggression. Those who think their dress-up games entitle them to shove around old ladies, tell McDonald’s how to do their own job, and lock away anyone who dares question or insult them have no right to exercise force and no entitlement to be treated with anything other than the contempt that any violent bully deserves.

Further reading:

• GT 2007-12-23: Law and Orders #5: Daytona Beach cop takes control at Best Buy by shocking an unarmed, retreating woman
• GT 2007-11-09: You got served and protected.
• GT 2005-05-05: Peace Officers, redux
• GT 2005-04-26: Peace Officers