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

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. !!!@@e2;2020;a9;

2. See Chris Matthew Sciabarra (2000), Total Freedom: Toward a Dialectical Libertarianism. See also Sciabarra 1995a and 1995b. !!!@@e2;2020;a9;

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. !!!@@e2;2020;a9;

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.!!!@@e2;2020;a9;

— 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 my companion Laura and my teacher Roderick. The essay would have been much the poorer, or simply nonexistent, without their patience, inspiration, collaboration, encouragement, and detailed and very helpful comments

(Link via Austro-Athenian Empire 2008-01-23.)

happylee, in comments (2008-01-22) on Randy Barnett’s Volokh Conspiracy post on Lysander Spooner 200th birthday:

And we all know who Lysander Spooner would support for President in 2008: Ron Paul.

Happy Birthday indeed.

Rahul, in comments (2008-01-22) on the same post:

Amen HappyLee – ironically some folks who do appreciate Lysander Spooner find it difficult to support Ron Paul. One of the mysteries of this election cycle to me has been the abandoning of Ron Paul by most influential libertarians. Sad, but true.

Lysander Spooner, in comments (1886-05-15) on President Grover Cleveland’s inaugural address:

SIR, — Your inaugural address is probably as honest, sensible, and consistent a one as that of any president within the last fifty years, or, perhaps, as any since the foundation of the government. If, therefore, it is false, absurd, self-contradictory, and ridiculous, it is not (as I think) because you are personally less honest, sensible, or consistent than your predecessors, but because the government itself — according to your own description of it, and according to the practical administration of it for nearly a hundred years — is an utterly and palpably false, absurd, and criminal one. Such praises as you bestow upon it are, therefore, necessarily false, absurd, and ridiculous.

… You have not so much as the honest signature of a single human being, granting to you or your lawmakers any right of dominion whatever over him or his property.

You hold your place only by a title, which, on no just principle of law or reason, is worth a straw. And all who are associated with you in the government — whether they be called senators, representatives, judges, executive officers, or what not — all hold their places, directly or indirectly, only by the same worthless title. That title is nothing more nor less than votes given in secret (by secret ballot), by not more than one-fifth of the whole population. These votes were given in secret solely because those who gave them did not dare to make themselves personally responsible, either for their own acts, or the acts of their agents, the lawmakers, judges, etc.

These voters, having given their votes in secret (by secret ballot), have put it out of your power — and out of the power of all others associated with you in the government — to designate your principals individually. That is to say, you have no legal knowledge as to who voted for you, or who voted against you. And being unable to designate your principals individually, you have no right to say that you have any principals. And having no right to say that you have any principals, you are bound, on every just principle of law or reason, to confess that you are mere usurpers, making laws, and enforcing them, upon your own authority alone.

… But the falsehood and absurdity of your whole system of government do not result solely from the fact that it rests wholly upon votes given in secret, or by men who take care to avoid all personal responsibility for their own acts, or the acts of their agents. On the contrary, if every man, woman, and child in the United States had openly signed, sealed, and delivered to you and your associates, a written document, purporting to invest you with all the legislative, judicial, and executive powers that you now exercise, they would not thereby have given you the slightest legitimate authority. Such a contract, purporting to surrender into your hands all their natural rights of person and property, to be disposed of at your pleasure or discretion, would have been simply an absurd and void contract, giving you no real authority whatever.

… Every man has, by nature, the right to maintain justice for himself, and for all other persons, by the use of so much force as may be reasonably necessary for that purpose. But he can use the force only in accordance with his own judgment and conscience, and on his own personal responsibility, if, through ignorance or design, he commits any wrong to another.

But inasmuch as he cannot delegate, or impart, his own judgment or conscience to another, he cannot delegate his executive power or right to another.

The result is, that, in all judicial and executive proceedings, for the maintenance of justice, every man must act only in accordance with his own judgment and conscience, and on his own personal responsibility for any wrong he may commit; whether such wrong be committed through either ignorance or design.

No one could justify, or excuse, his wrong act, by saying that a power, or authority, to do it had been delegated to him, by any other men, however numerous.

For the reasons that have now been given, neither any legislative, judicial, nor executive powers ever were, or ever could have been, delegated to the United States by the constitution; no matter how honestly or innocently the people of that day may have believed, or attempted, the contrary.

… Such, Mr. Cleveland, is the real character of the government, of which you are the nominal head. Such are, and have been, its lawmakers. Such are, and have been, its judges. Such have been its executives. Such is its present executive. Have you anything to say for any of them?

Yours Frankly, LYSANDER SPOONER. BOSTON, MAY 15, 1886.

Lysander Spooner, in comments (1877-02-04) in J.M.L. Babcock’s New Age, on woman suffrage:

Women are human beings, and consequently have all the natural rights that any human beings can have. They have just as good a right to make laws as men have, and no better; AND THAT IS JUST NO RIGHT AT ALL. No human being, nor any number of human beings, have any right to make laws, and compel other human beings to obey them. To say that they have is to say that they are the masters and owners of those of whom they require such obedience.

The only law that any human being can rightfully be compelled to obey is simply the law of justice. And justice is not a thing that is made, or that can be unmade, or altered, by any human authority. It is a natural principle, inhering in the very nature of man and of things. It is that natural principle which determines what is mine and what is thine, what is one man’s [sic] right or property and what is another man’s right or property. It is, so to speak, the line that Nature has drawn between one man’s rights of person and property and another man’s rights of person and property.

… The excuse which the women offer for all the laws which they propose to inflict upon us is that they themselves are oppressed by the laws that now exist. Of course they are oppressed; and so are all men–except the oppressors themselves–oppressed by the laws that are made. As a general rule, oppression was the only motive for which laws were ever made. If men wanted justice, and only justice, no laws would ever need to be made; since justice itself is not a thing that can be made. If men or women, or men and women, want justice, and only justice, their true course is not to make any more laws, but to abolish the laws–all the laws–that have already been made. When they shall have abolished all the laws that have already been made, let them give themselves to the study and observance, and, if need be, the enforcement, of that one universal law–the law of Nature–which is the same at Rome and Athens–in China and in England–and which man did not make. Women and men alike will then have their rights; all their rights; all the rights that Nature gave them. But until then, neither men nor women will have anything that they can call their rights. They will at most have only such liberties or privileges as the laws that are made shall see fit to allow them.

If the women, instead of petitioning to be admitted to a participation in the power of making more laws, will but give notice to the present lawmakers that they (the women) are going up to the State House, and are going to throw all the existing statute books in the fire, they will do a very sensible thing,–one of the most sensible things it is in their power to do. And they will have a crowd of men–at least all the sensible and honest men in the country to go with them.

But this subject requires a treatise, and is not to be judged of by the few words here written. Nor is any special odium designed to be cast on the woman suffragists; many of whom are undoubtedly among the best and most honest of all those foolish people who believe that laws should be made.

You don’t have to agree with what Lysander Spooner says about legal or presidential authority in order to count as a libertarian (in at least some meanings of that term). You don’t even have to agree with what Spooner says about politicking or voting in government elections, as a matter of strategy, to count as an anarchist. But if you are going to confidently assert that we all know that, were he alive today, Lysander Spooner would favor efforts to get Ron Paul named President of the United States, and if you sneer at libertarians who don’t agree with the position that you imagine Lysander Spooner would be holding, then I do think that you ought to at least show some sign of having read something or another by Lysander Spooner that touches on the matters under discussion.

The only reasonable explanation I can give for these assertions is that the people making them have simply never gotten it into their head, in any way that matters, that someone with passionately held political views might not favor any political candidate at all, might in fact object on principle to the elective oligarchy that we fatuously term our democratic government, and might indeed believe that worthwhile political change must be achieved through means entirely different from any form of majoritarian party politics. Indeed, they’ve likely never gotten it into their heads, in any way that matters, that there even are other means for achieving political change. If I’m right, then maybe reading some Spooner, as they ought to anyway, will help them break out of narrow-minded devotion to electoralism and legalism. If not, as would be best, by changing their convictions, then, at very the least, by expanding their imagination.

To-day — 19 January 2008 — is the 200th birthday of the militant abolitionist, philosopher, and individualist anarchist Lysander Spooner (b. 19 January 1808, Althol, Massachusetts; d. May 14, 1887, Boston, Massachusetts). In honor of his life and work, the Ministry of Culture of this secessionist republic of one has declared that 19 January shall be celebrated as Lysander Spooner Day.

This is from the end of Spooner’s famous pamphlet No Treason: The Constitution of No Authority:

Inasmuch as the Constitution was never signed, nor agreed to, by anybody, as a contract, and therefore never bound anybody, and is now binding upon nobody; and is, moreover, such an one as no people can ever hereafter be expected to consent to, except as they may be forced to do so at the point of the bayonet, it is perhaps of no importance what its true legal meaning, as a contract, is. Nevertheless, the writer thinks it proper to say that, in his opinion, the Constitution is no such instrument as it has generally been assumed to be; but that by false interpretations, and naked usurpations, the government has been made in practice a very widely, and almost wholly, different thing from what the Constitution itself purports to authorize. He has heretofore written much, and could write much more, to prove that such is the truth. 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.

— Lysander Spooner (1870): No Treason No. 6: The Constitution of No Authority

And this is from an earlier number of No Treason:

But to say that the consent of either the strongest party, or the most numerous party, in a nation, is sufficient justification for the establishment or maintenance of a government that shall control the whole nation, does not obviate the difficulty. The question still remains, how comes such a thing as a nation to exist? How do millions of men, scattered over an extensive territory — each gifted by nature with individual freedom; required by the law of nature to call no man, or body of men, his masters; authorized by that law to seek his own happiness in his own way, to do what he will with himself and his property, so long as he does not trespass upon the equal liberty of others; authorized also, by that law, to defend his own rights, and redress his own wrongs; and to go to the assistance and defence of any of his fellow men who may be suffering any kind of injustice — how do millions of such men come to be a nation, in the first place? How is it that each of them comes to be stripped of his natural, God-given rights, and to be incorporated, compressed, compacted, and consolidated into a mass with other men, whom he never saw; with whom he has no contract; and towards many of whom he has no sentiments but fear, hatred, or contempt? How does he become subjected to the control of men like himself, who, by nature, had no authority over him; but who command him to do this, and forbid him to do that, as if they were his sovereigns, and he their subject; and as if their wills and their interests were the only standards of his duties and his rights; and who compel him to submission under peril of confiscation, imprisonment, and death?

Clearly all this is the work of force, or fraud, or both.

By what right, then, did we become a nation? By what right do we continue to be a nation? And by what right do either the strongest, or the most numerous, party, now existing within the territorial limits, called The United States, claim that there really is such a nation as the United States? Certainly they are bound to show the rightful existence of a nation, before they can claim, on that ground, that they themselves have a right to control it; to seize, for their purposes, so much of every man’s property within it, as they may choose; and, at their discretion, to compel any man to risk his own life, or take the lives of other men, for the maintenance of their power.

To speak of either their numbers, or their strength, is not to the purpose. The question is by what right does the nation exist? And by what right are so many atrocities committed by its authority? or for its preservation?

The answer to this question must certainly be, that at least such a nation exists by no right whatever.

We are, therefore, driven to the acknowledgment that nations and governments, if they can rightfully exist at all, can exist only by consent.

— Lysander Spooner (1867): No Treason, no. 1

And this is from A Letter to Grover Cleveland, on His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude of the People, perhaps the finest letter ever written to the President of the United States:

Let me then remind you that justice is an immutable, natural principle; and not anything that can be made, unmade, or altered by any human power.

It is also a subject of science, and is to be learned, like mathematics, or any other science. It does not derive its authority from the commands, will, pleasure, or discretion of any possible combination of men, whether calling themselves a government, or by any other name.

It is also, at all times, and in all places, the supreme law. And being everywhere and always the supreme law, it is necessarily everywhere and always the only law.

Lawmakers, as they call themselves, can add nothing to it, nor take anything from it. Therefore all their laws, as they call them, — that is, all the laws of their own making, — have no color of authority or obligation. It is a falsehood to call them laws; for there is nothing in them that either creates men’s duties or rights, or enlightens them as to their duties or rights. There is consequently nothing binding or obligatory about them. And nobody is bound to take the least notice of them, unless it be to trample them under foot, as usurpations. If they command men to do justice, they add nothing to men’s obligation to do it, or to any man’s right to enforce it. They are therefore mere idle wind, such as would be commands to consider the day as day, and the night as night. If they command or license any man to do injustice, they are criminal on their face. If they command any man to do anything which justice does not require him to do, they are simple, naked usurpations and tyrannies. If they forbid any man to do anything, which justice could permit him to do, they are criminal invasions of his natural and rightful liberty. In whatever light, therefore, they are viewed, they are utterly destitute of everything like authority or obligation. They are all necessarily either the impudent, fraudulent, and criminal usurpations of tyrants, robbers, and murderers, or the senseless work of ignorant or thoughtless men, who do not know, or certainly do not realize, what they are doing.

— Lysander Spooner (1886): A Letter to Grover Cleveland, on His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude of the People

Further reading:

• Francois Tremblay (2008-01-19): Happy birthday, Lysander Spooner!
• Lysander Spooner (1858): To the Non-Slaveholders of the South: A Plan for the Abolition of Slavery
• Lysander Spooner (1882): A Letter to Thomas F. Bayard, challenging his right — and that of all the other so-called Senators and Representatives in Congress — to exercise any legislative power whatever over the people of the United States

Happy holidays, y’all. I hope that yours are full of light, and warmth, and fellowship.

(Photoshopping thanks to lowercase liberty 2005-12-25.)

For those of you who don’t know, L. and I will be out of town for the holidays. In fact, we are already out of town; but I’ve arranged to have some not-especially-time-sensitive posts go up while I’m away through devious WordPress scheduling trickery, so stay tuned. While we’re away, we’ll first be visiting my assorted relations in Texas, and then heading east to the Molinari Society session at the APA Eastern Division meeting in Baltimore. The session will be a symposium on the theme Anarchy: It’s Not Just a Good Idea, It’s the Law. Roderick will be presenting a paper on Spooner’s early theory of constitutional interpretation (most famously presented in The Unconstitutionality of Slavery), and the degree to which it can be reconciled with his later radical rejection of the Constitution and all forms of government-made law as having no legitimate authority over anyone. (Geoffrey Allan Plauché will be giving prepared comments in reply.) I’ll be presenting a new paper, A Place for Positive Law: A Contribution to Anarchist Legal Theory, which is also about Spooner, but from a different angle:

Peter Kropotkin famously defined anarchism as

… a principle or theory of life and conduct under which society is conceived without government—harmony in such a society being obtained, not by submission to law, or by obedience to any authority, but by free agreements concluded between the various groups, territorial and professional, freely constituted for the sake of production and consumption, as also for the satisfaction of the infinite variety of needs and aspirations of civilized beings.

If he was right about that, then anarchist legal theory would seem to be either a contradiction in terms, or an exercise in demonology. Anarchists want to abolish the State as such, and replace it with a society without government. And without a government, how would you have laws? Maybe so, but what I want to do today is not to storm the Law from the outside. Before the Law there stands a doorkeeper, and I note that he is mighty. My remarks will aim instead at an internal critique of a common-sense view of the law, beginning with some common premises that most statists share, and then moving towards the anarchistic conclusion that no government has sovereign authority to impose legal obligations on anyone. I will then consider a difficult problem that seems to face the anarchistic conclusion—the problem of reducing the natural law. I shall argue, though, that the solution that government seems to promise cannot withstand critical scrutiny; an anarchist solution to the problem will be difficult—one of the most difficult theoretical problems for anarchists to tackle—but the difficulty is necessary for a solution to the problem that is not simply arbitrary. The place for me to begin, then, is with the concept of law.

…

John Hasnas will be commenting. You can read the whole thing online. Comments, questions, applause, brickbats, etc. are welcome, either in private or in the comments section below.