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<A HREF="http://www.zolatimes.com/V3.17/pageone.html">Laissez Faire City
Times - Volume 3 Issue 17
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The Laissez Faire Times
April 26, 1999 - Volume 3, Issue 17
Editor & Chief: Emile Zola
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Slavery in the Name of the "Public Good"

by Wolf DeVoon


I'm going to give a simple, precise definition of anarchy. Despite
historical misunderstanding of the term, anarchy is a form of social
organization in which there is no sovereign state.

It does not connote social chaos or general lawlessness. It does not
imply ownership in common. The crucial, defining characteristic of
anarchy is the abolition of one particular institution -- an allegedly
"sovereign" government that claims a legal right to impose its will upon
private citizens.

In the United States, we have two layers of sovereign government: the
Federal Union and the fifty states of which it is composed. By a
narrowly-ratified compact authored 200 years ago, the Feds claim to
possess the legal right to make war, regulate commerce, coin money,
suppress rebellion, impose taxes, make treaties, promote the general
welfare, and do anything else that may be necessary to keep themselves
in supreme power, anywhere on the planet. The individual State
governments claim to possess the legal right to regulate private
behaviour, charter municipal and private corporations, grant marriages
and divorces, impose taxes, compel attendance in public schools, and
whatever else the Feds have not yet preempted. At both levels of this
system, private citizens are legally granted a relatively narrow set of
"liberties", which are not abrogated unless it is convenient to do so in
order to serve the public good.

Here we should pause to explain that no one has ever attempted to define
who "the public" are. The courts are just as confused as everybody else
on this question. The public is everyone. People v Ruthven, 288 N.Y.S.
631. The public is not everyone. Terminal Taxicab v Kutz, 241 U.S. 252.
It does not mean all the people, or most of the people, but so many as
contradistinguishes them from a few. Mary Pickford v Bayly, 86 P.2d 102.
The public is the government. Oahu R. Co. v Brown, 8 Hawaii 163. (The
government?!)

There is no clear doctrine on what the general welfare is either. In
1937 the U.S. Supreme Court more or less stifled further discussion by
saying: "The issue is a closed one. It was fought out long ago. When
money is spent to promote the general welfare, the concept of welfare or
the opposite is shaped by Congress." Helvering v Davis, 301 U.S. 619.

This brings us to the ultimate justification for the alleged
"sovereignty" of American governments: the ballot box. In 1787, a
handful of men proposed a form of national government that was intended
to solve some jurisdictional and political problems among the 13
original colonies, which had become independent states. After a lengthy,
hotly-debated struggle for ratification, it was approved by slim
majorities in nine states. New York and Virginia were among the last to
ratify because their citizenry were vehemently opposed to the plan.
North Carolina and Rhode Island refused to ratify until 1790, when it
became obvious that their economic and political interests would suffer
if they remained outside the Federal republic.

To put things in perspective, please consider that among the 3,317,000
people in the newly-organized United States of America, less than 20
percent could vote. Slightly more than half of these voters had
consented to the new form of government. A total of 142 electors were
chosen to represent "the people" during the first presidential election.
George Washington was selected by 69 of them.

One of the great mysteries about democracy is the persistent assertion
that, somehow, a miniscule percentage of votes entitles the sovereign to
impose regulations over vast numbers of people who did not consent to be
ruled. But far more puzzling is the belief that 69 votes, cast two
hundred years ago, somehow obligates 240 million Americans today.
Indeed, the claim is often repeated, that our Founding Fathers did this,
or said that, and thus created a precedent by which we are all bound.

Baloney. If three people are engaged in a project, and one of them
refuses to cut his throat for the benefit of the other two, by what
conceivable right can the "majority" claim that they are entitled to
murder the dissenter?

Here, then, is the theoretical starting point for anarchy (no federal
government). If anyone or anything is "sovereign", it is each individual
man, woman, and child, who is presumed to be endowed by nature with an
equal right to life, liberty and the pursuit of happiness.
Significantly, these principles, although prominently featured in the
Declaration of Independence, somehow never found their way into the U.S.
Constitution. Human rights were all well and good when there was an
external tyrant, but when the Founding Fathers turned their attention to
establishing their own brand of sovereignty, it was no longer expedient
to speak in terms of natural justice.

Historically, anarchy is the newest kid on the political block.
Democracy, monarchy, theocracy, and communism have ancient roots which
extend back to ancient civilizations. Anarchy, like laissez-faire
capitalism, is a child of the Industrial Revolution -- and, indeed, they
have a great deal in common. Laissez-faire capitalism means "hands-off"
in terms of economic life. Anarchy means "hands-off" in legal and
political life.
Misguided Notions of Anarchy


It is therefore especially embarassing to note that 19th century
anarchists hated the institution of private property and aligned
themselves with French and Russian communists, in an effort to abolish
private property rights. Classical anarchists rather stupidly believed
that property was created and maintained by the state. Karl Marx
theorized that the state would "wither away" under communist rule, so it
is not surprising to that a rather confused sect of early anarchists
were prepared to accept a temporary dictatorship of the proletariat as a
way-station on the road to absolute freedom. After all, "absolute
freedom" is a confused idea -- about which I will have more to say later
on.

The endorsement of bloodshed and temporary tyranny was a miscalculation
of enormous dimensions, for the communists and anarchists alike. One
does not promote liberty by abolishing it. To suggest that anarchy can
be achieved by coercion, is akin to saying that nutrition can be derived
from poisons.

Perhaps it is well to emphasize that anarchy, in the way I have defined
it, is a form of social organization sans government. Modern critics, as
well as some 19th-century anarchists, solemnly decree that we cannot
have one without the other -- that any hope of law and order (including
property rights) depends upon the existence of a sovereign state. Ayn
Rand, a proponent of laissez-faire capitalism, for example, insisted
that government was a natural and necessary arbiter among otherwise free
men. Robert Nozick, in Anarchy, State & Utopia, argued that territorial
sovereignty is essential to public order. Between them lies the
substance of so-called "libertarian" thought in contemporary America,
which rejects anarchy in favor of a Jeffersonian ideal: The best
government is that which governs least.

The brief reply to such criticisms is to suppose a Robinson Crusoe
island on which Friday has been granted a bed in which to sleep. It is
in Crusoe's interest to concede this particular division of property,
and Friday is content with the arrangement. No need of arbitration, or
weighted ballots, or written constitutions. Just two men who are
competent to assess their social interests.

Whether the political laboratory is inhabited by 2 men or 240 million,
the central feature of their social intercourse remains singularly
distinct, and I have come to think of it as custom that will someday
become formal jurisprudence on the subject -- i.e., de facto anarchy. To
the extent that the state does not or cannot impose its will, you have
de facto anarchy, whether you like it or not.

Take democracy, for example. If the sovereign cannot dictate how people
will vote (or think, or speak), it is highly artificial to say that
government is truly sovereign. Who knows? -- they might be booted out
come November. In a monarchy, the reigning prince must be careful not to
do anything that will undermine the confidence and loyalty of his
subjects, as Machiavelli shrewdly observed. The United States Supreme
Court has seldom attempted to rule against public opinion -- and, during
their brief period of stubborn opposition to Roosevelt's New Deal, they
were doomed to recant. It is a maxim of the common law that "we imbibe
it at every pore", and judges wisely limit themselves to an accomodation
of whatever the local sentiments happen to be.

Majority rule is a similarly hollow pretense. We drank during
Prohibition. Kids are still buying narcotics after 50 years of fierce
interdiction. And, although the vast majority of Americans are dead-set
against slavery, murder, and racial discrimination, no law can prevent
these three evils from sprouting like stubborn, perennial weeds in our
midst.

Slavery? -- of course. Women are de facto domestic servants to
autocratic husbands. Children scream in helpless anguish, as they are
marched off to churches, schools, woodsheds and family gatherings,
against their will. Employees are enslaved by their hometown employers
or by a majority of their unionized co-workers. The list is endless --
and it is vain to say that government should have (or could have)
abolished the practice by law. Ask any lawyer about the legal status of
children, or what happens when a citizen defies the will of his
neighbours. Every prisoner is a slave; every draft-dodger; every
licensed business owner.

Murders, of course, are impossible to prohibit or to deter -- not even
by threats of ghastly retribution. If we suppose that a miniscule 1/10th
of one percent of the general populace might commit homicide, how many
policemen, psychologists, prison guards and judges would it take to
eradicate this gruesome anarchy? 1/10th of one percent of the U.S.
population is still 240,000 potential murderers. What shall we do? --
kill them before they can kill someone else? Lock them up in preventive
detention for the rest of their lives? Eradicate every conceivable
weapon in America (knives, bludgeons, screwdrivers)? What about
prospective abortions? What about potential suicides? Drunk drivers?
Daredevil youths?

Far worse, as a fiction of sovereignty and a very hurtful social ill, is
the matter of racial discrimination. Why can't a black man be elected
president? Why is it so hard to get a job in Hollywood if you're not
Jewish? How many law-enforcers will it take to prevent businessmen from
hiring and promoting members of their own families, or members of their
church, social group, college class, political party, ethnic background,
sex -- you name it?
The Illusion of the Sovereign State


The "sovereign state" is an illusion.

Have we eradicated poverty? -- No. We doubled the number of people who
are malnourished.

Has our legal system settled disputes? -- No. We became the most
litigious society on earth.

Did we achieve the central goal of the Founding Fathers? -- No. The
Constitution's famous compromise plunged us into the Civil War, at a
cost of nearly a million lives and five times the G.N.P. in 1860.
Instead of reducing the need for a standing peacetime army, the United
States spawned a vast military-industrial complex unmatched by any other
nation in history.

How ridiculous! -- after exerting every talon and claw, the Federal
Government is reduced to pitifully begging that we should "Just say No"
to drugs. Yes, it might work, if enough individual men, women and
children decide to agree with that suggestion -- but let's not kid
ourselves about who's ruling whom.

Individual conscience (and cowardice) create the bulk of tax dollars --
not the coercive machinery of our Internal Revenue Service. What could
they possibly do if more than a few obscure tax-resisters decided not to
file? What if 10 percent refused to file? 20 percent? 50 percent?

You know, we learned a wonderful lesson in Vietnam. You can't conquer
people with napalm and bribery -- you have to win their hearts and
minds. All the U.S. support that was poured into Iran, the Phillipines
and Lebanon went for naught, because coercion only works on the willing.
The moment any "sovereign" state attempts to physically force someone to
change his mind, another anarchist is born. Call him what you will --
tax cheat, rebel, freedom fighter -- it's a vote for liberty.

This stubborn, voluntary aspect of the human mind is a subject well
worth exploring. Ayn Rand covered it so well that we need not continue
beyond the conclusion she reached. Any man can be free if he chooses to
be.

Based on rather cruel personal experience, I know this to be true. As an
inmate of a maximum-security Federal penitentiary for a short time, and
being rather small in stature, believe me, there were many occasions on
which my freedom, dignity, and consent were put at risk of extinction.
But there is a sage expression one hears in jail: "Everybody has to
sleep sometime" -- which means that no tyrant, no rapist, no gang leader
is immune from reprisal.

Tyrants live short, frantic lives. Their evil is not likely to be
tolerated, even by the weakest and mildest of pacifists. When Ghandi
conquered the British, he taught the world that passive opposition works
just as well as active warfare in certain situations. When Martin Luther
King adopted his strategy, America was shamed -- not coerced -- into
reform. And when Federal officials ordered forced busing to achieve
racial integration of public schools, those who refused simply moved to
an all-white district.

This is what I mean by de facto anarchy. No matter how many votes are on
one side or another, you might as well forget about enforcing a majority
opinion, unless the majority is so overwhelming as to utterly crush a
few stray nay-sayers. But be sure that those dissenters are crushed, or
you might find someone slipping a bomb under the Fuhrer's conference
table.

It is so tempting to point to the world's dictatorships as evidence of
the potential evil in any coercive state, that I shall not do so.
Instead, I will say that Hitler was incapable of ruling a majority of
Germans without their consent. The Nazis seized power at a time of
social malaise; they scapegoated a small but visible minority; every
effort was made to spy upon and control individual liberty. "We are now
at the end of the Age of Reason," Hitler gleefully confided to
Rauschning. "At a mass meeting, thought is eliminated. And because this
is the state of mind I require, because it secures to me the best
sounding board for my speeches, I order everyone to attend the meetings,
where they become part of the mass whether they like it or not!" In the
cafes and streets of Berlin a new type of behaviour swept the populace,
known as der Deutsche Blick ("the German Look"), which consisted of
surreptitiously glancing around to see who was within earshot, before
uttering even the most innocent and trivial remarks, because they might
be misunderstood and reported to the authorities as evidence of treason.
If you are thinking that this could not happen in America, you have not
studied the history of the 1st Amendment, the Alien and Sedition Acts of
1798, or the McCarthy witch-hunts of the 1950s.

The Nazis executed thousands upon millions -- Jews, communists, Poles,
Dutch, French, German dissidents, hospital patients, scientists, parents
and grandparents who had let slip a word of criticism that was overheard
by a member of the Hitler Youth. Here, if anywhere in the world, at any
time in history, was a society gone mad with "sovereignty". Millions
could do nothing but obey, obey, obey -- or face the firing squad.

Yet the Nazis could neither decree nor deter a single friendship,
romance, or hatred. Parents still loved their infant children. Lovers
did not cease to pine for their sweethearts. Ideas could not be
physically ripped from the minds of thinkers and ordinary laborers. De
facto anarchy ebbed to its lowest possible level, but it did not cease
to function.

Nor shall it ever -- not even in the midst of labor camps and hopelessly
dark inner-city ghettos. Every time an infant is born into this world,
society must reckon that there is 50/50 chance that this new citizen is
an anarchist at heart. Every effort will be made to inculcate the
newcomer with an imprint of social and civic duty, a constant stream of
religious and moral imperatives, a steady bombardment of information and
experience -- all of it aimed at baffling, bribing, and silencing the
child's latent tendancy to think or speak the magic word of
independence: "No!"
"No" Power


When the prototype 19th-century anarchists spoke of "absolute freedom"
and mankind's fitness to live in perfect harmony, they totally missed
the boat -- for one word is the key to human freedom: "No!" When John
Stuart Mill justified free speech by declaring that it served social
utility, he was deaf to the very principle he was trying to defend --
the right to defy society, to reject the greatest good of the greatest
number, to pronounce the word of social treason and of individual
liberty: "No!"

What is it that the Catholic Church fears most? -- the word "No!" What
is it that the Communist Party drives underground, in desparate
revulsion of anything or anyone that would upset their precious
bureaucracy? -- the word "No!"

In a free society, the essence of freedom is to disagree with your
neighbour. To the extent that you can say "no" and remain free of legal
compulsion, the society in which you live permits a degree of de jure
 anarchy. And if a majority of your neighbours are legally permitted to
vote away that liberty, their intention is to extinguish the one and
only "absolute freedom" with which you were born -- the freedom to think
for yourself and to act in accordance with the product of self-propelled
ingenuity, knowledge and values.

In any society, at any moment in history, free men swim against the tide
of custom and circumstance. To devise a social system based on this
freedom is the proper goal of anarchist theory.

On January 9, 1975, a Federal trial judge scratched his head and
searched his mind for a theory that would explain what he was about to
do. Before him stood a mild-mannered, reasonable young man named Perry
Paegelow, who had to be sent to prison, even though it was highly
doubtful that he had willingly broken the law -- or, if he had, whether
anyone suffered on account of it. Perry Paegelow had driven me to the
spot where Federal agents arrested me for possessing a paper bag full of
marijuana. Here's what the judge said to Perry when he sentenced him:

THE COURT: I don't know that marijuana is good or bad for people. All I
know is that the authorities, Congress, our society, rightly or wrongly,
has decided it is bad for people. They can be wrong.

THE DEFENDANT: I believe they are, sir.

THE COURT: But no one seems to know the answer to these things, and so
we are in the position of trying to enforce these drug laws, I mean
society. Now whether that is just or not depends on your point of view.
I respect your view, but I don't think it is the law of the land, and as
long as you take the position that you are going to continue to traffic
in these drugs, you don't give me any choice except to send you to jail.


THE DEFENDANT: I didn't say I was continuing.

THE COURT: You think the law is nonsensical and you are not going to pay
any attention to it, and so, therefore, certainly the impression I
gather is that -- it is -- you don't see any reason to --

THE DEFENDANT: Perhaps nonsensical is the wrong word. I think it's is
blatantly fascist.

Perry was sentenced to serve two years in prison, for driving a car. I
served three years for carrying a paper bag. But the trial judge put his
finger in the core-issue of social organization. If an offender doesn't
plead contrition and remorse, how can you show any mercy?

Don't laugh. This is an important issue in our criminal justice system.
If it weren't for the informant who fingered Perry and myself, it would
have been impossible to bring us to "justice." Informants, stool
pidgeons, snitiches and turncoats put more drug users behind bars than
the undercover and uniformed policemen combined. And, if it weren't for
plea bargains and sobbing confessions of regret, our prisons would be as
commonplace as grocery stores, one or two in every neighborhood.

What can you do with people who refuse to recognize the supremacy of the
state? Do we dare to teach our children the "right of revolution"
contained in the Declaration of Independence?

No. We blind them and stuff their ears, with the logic of Mugler v
Kansas, 123 U.S. 623:

But by whom, or by what authority, is it to be determined whether
(something) will injuriously affect the public? Power to determine such
questions, so as to bind all, must exist somewhere; else society will be
at the mercy of a few, who, regarding their own appetites, may be
willing to imperil the peace and security of the many.

It doesn't matter whether the subject-matter of our discussion is
narcotics, or anti-trust law, or an obstreperous neighbour who might
pollute your garden with crankcase oil. The central issue is the "power
to determine such questions, so as to bind all." In Mugler, the Supreme
Court surprised no one by deciding that the power to bind all was lodged
in the legislative branch -- the elected representatives of the will of
the people. Unfortunately, this is also the formula for unlimited folly
and persecution. Socrates and John Locke come to mind, as dissenters who
were hunted down as heretics. But worse, perhaps, is the routine
business of thwarting large minorites. Abe Lincoln was put into power by
39 percent of the popular vote, for example. No wonder we had a Civil Wa
r, with 61 percent of the electorate denied their "will."
The Will and G. Gordon Liddy


Coincidentally, I spent about a year in Allenwood F.P.C. with Gordon
Liddy -- now there's a fellow who knows about "will," if anybody does.
Unfortunately, our willfulness can't do much to alter the fact that the
earth orbits the sun, instead of vice-versa. Nor is one's desire,
self-interest, prejudice or imagination a good set of criteria for
justice. I doubt that anyone would want to see Gordon elected to high
office. He used to sing "Deutscheland Uber Alles" in the shower and
loved the Nixon White House.

In a sense, this last observation perversely justifies the American
democracy. By and large, we do a pretty good job of electing people who
more or less exhibit the basic values on which there is a broad
consensus. As a culture, American society is tolerant, sensitive to
minority rights, quite wonderful when it comes to even-handed treatment
of our neighbours. But it is not perfect.

The case for anarchy turns on whether no government is better than good
government, right?

Not necessarily.

When Franklin Roosevelt abolished private possession of gold, his
attempt to control economic supply and demand remained maddeningly
elusive. Banks refused to make loans, commercial failures increased, the
stock market took another nose-dive, and government policy-makers had no
choice but to conclude that deficit spending and "pump-priming" might
become a permanent feature of the American economy (which we have yet to
wean ourselves from, some 50 years later). Clearly the best government
on earth was incompetent to rule the markets. The Soviets, too, find it
difficult to command the economic performance of their enslaved masses
-- so that we are forced to surmise that oppressive regimes are no
better equipped to "will" prosperity. Freer societies create more we
alth, more opportunity, more competition and greater diversity. The
19th-century laissez-faire economy outperformed our 20th-century welfare
state in every measurable respect (annual growth, consumer price trends,
wage gains). But these are topics best left to Alan Greenspan. For our
present purposes, we can quit the field of economics by recalling one of
Dr. Greenspan's most memorable remarks, paraphrasing Gresham's Law --
that "Bad protection drives out good."

What he meant was that any attempt to replace market chaos with
government controls was doomed to fail in two respects: (1) The state's
mechanism of control would be worse than "invisible-hand" outcomes; and
(2) It would have a secondary and unintended consequence of driving
other market mechanisms into disarray.

The reason I do not wish to pursue this classical defense of economic
anarchy is simple -- it is a utilitarian justification, which free
enterprise advocates have droned, shouted and whimpered to the American
people for the better part of a century, without success. Ayn Rand
correctly identified the locus of failure, namely, the tension between
de facto capitalism and Christian ethics, which constantly crippled
advocates of economic freedom. Her entire career was devoted to the job
of propagating a morality of selfishness, to give capitalism a spiritual
leg to stand on.

Apart from the questions of utility or effective public policy, it
remains that anarchy is superior to the best possible sovereign in one
respect: it is more logical.

I do not say that anarchy will better serve "the greatest good of the
greatest number" -- in part because those claims are impossible to
measure or test. I do not claim that any of our existing institutions
(except the pretense of sovereignty) will be radically altered in an
anarchistic society. People will probably form themselves into local,
regional and national associations, I suppose.

Only one aspect of life must rotate, in order to achieve constitutional
anarchy: our legal system.

If, instead of the United States of America, we were served by USA Inc.
-- a private organization with the same constitutional officers,
agencies and "stakeholders" -- it is possible that a squadron of ships
could be dispatched to the Persian Gulf, a prosecution could be leveled
against drug dealers, an offender might be tried and punished; but they
could not pretend to represent the will of every man, woman and child in
America. Without such a claim, their power would be revealed exactly for
what it is -- de facto supremacy.

No "divine right" holds Microsoft in their dominant market positon. Yet,
it is inconceivable that any other organization might dislodge them from
their leadership in the computer business.

Surely, the great lesson of the American Revolution is that our
forebears were loathe to snip the bond of allegiance which bound them to
George III and Parliament, even though these guys were an ocean away and
ill-prepared to compel obedience by the American colonies. Whether, as a
matter of law and justice, the dominant civic institution is viewed as
the "sovereign" or merely the strongest alliance of free citizens, the
utility of its traditional role in society will keep it afloat longer
than any screwy theory of democratic or divinely-ordained social
compacts. Neither Hobbes nor Rousseau, Locke, Hegel, Kant, Oliver
Wendell Holmes, or Jerry Falwell has produced a convincing explanation
of how I can be obligated to a contract I did not sign. It is stupid and
vain to say that one man's consent binds another -- or binds a
generation yet to be born.
Logic vs. Legal Reasoning


Since the courts are creatures of government, is it silly to propose
that "sovereignty" be somehow wiped clean from our law books?

Not necessarily.

Without reciting the complete history of American legal philosophy, it
is highly significant that logic has been "wiped clean" from legal
reasoning:

We are bound to remark that logic as an instrument of legal reasoning
has grown unpopular of late. Any attempt to rehabilitate it is therefore
unlikely to be received with a great deal of sympathy. The chief
objection to logic in the law is usually expressed in the form that
logical thought processes are rigid and inflexible, whereas legal
reasoning is empirical and discretionary. This general distrust of logic
is supported by three specific arguments: that decisions cannot be
arrived at simply by deduction from existing legal principles, that
legal rules are too fluid and uncertain to support logical inferences
which could be drawn from them, and that the whole conception of law as
a single, unitary, logically consistent system is at least an
impractical ideal, if not an illusionary fetish. (Oxford Essays on
Jurisprudence)

Law students enter and leave law school without learning a lot about
justice -- they learn the tricks of a highly dubious craft: casuistry
peppered with theatrical displays of imagined grievance. If such a
course existed, our next generation of lawyers would be shocked to learn
the truth about what was lost in the stampede toward "positive law"
(i.e., the will of the sovereign).

17th-century theory had taken two directions. On the one hand it
conceived of rights as the outgrowth of a social contract. It held that
there would be none without the social organization and that there would
be no justice or law without the political organization, that is, the
state...

On the other hand, there was the Grotian idea of rights as qualities
inhering in persons. This theory put rights above the state and justice
above the state as permanent, absolute realities which the state was
organized to protect. There was a state because there were rights and
justice to protect and secure. In the 18th century the latter idea
definitely prevailed...

18th century juristic thought, down to Kant, holds four propositions:
(1) There are natural rights demonstrable by reason. These rights are
eternal and absolute. They are valid for all men in all times and in all
places. (2) Natural law is a body or rules, ascertainable by reason,
which perfectly secures all of these natural rights. (3) The state
exists only to secure men in these natural rights. (4) Positive law is
the means by which the state performs this function, and it is
obligatory only so far as it conforms to natural law. The appeal is to
individual reason. Hence every individual is the judge of this
conformity...

Pushed to its limits, this leads straight to anarchy. (Pound, 27 Harv.
L. Rev., 616)

Pushed to its limits, it leads straight to the Declaration of
Independence -- the fundamental charter of freedom which no longer
speaks for the American people.

In a brief essay it is impossible to raise and analyse all the
implications of an anarchist society. The questions, the paradigms, and
the practical answers exist -- but the space does not. Fortunately, I
can conclude this discussion by returning to a topic I promised to
revisit when it was mentioned earlier -- the problem of war and peace.

It's clear that every one of us has the right to life, liberty and the
pursuit of happiness, and that -- whatever else the state has
endeavoured to do on our behalf -- the purpose of national defense
ranked first and foremost in the minds of the Founding Fathers.

Removing the concept of "sovereignty" will not impede the legal right of
the United States, as an association of free citizens, to make war or
conclude peace. It may or may not complicate the business of taxation --
with the likely result that our armed forces could not be deployed
throughout the world, for the unearned benefit of other nations -- but I
doubt that we would go wanting of strategic or tactical preparedness.
Too many citizens and too many corporations have too much to lose by
abandoning their agency of self-preservation.

But consider how much suffering and turmoil could have been avoided, had
the United States not proclaimed itself the self-appointed arbiter of
democracy.

No Civil War.

No grasping imperialism under Teddy Roosevelt.

No punitive Versailles Treaty to goad the Germans.

No global depression, prolonged by Federal manipulation of money and
credit.

No hysterical division of the globe in the Cold War, forcing the
Russians to arm themselves in parity with an adversary whom they had no
hope of matching.

No "dollar diplomacy" aimed at pushing the Third World into copy-cat
democracies they were ill-prepared to manage.

No Vietnam.

No half-hearted, wimpy indecision in Nicaragua, trading arms for
hostages in Iran.

Our self-preservation is always a difficult factor to weigh. But history
emphatically links social philosophy with foreign policy. It's about
time we learned to practice the virtue of self-determination, both at
home and abroad.

Stripping away the flag-waving illusion of "sovereign state" is an
excellent way to begin. The U.S. Government is a power to be reckoned
with, of course. But it is only a number of men, with no greater or
lesser right to compel a social outcome than a single infant child of
any race, color or creed.

If it is true, in a de facto sense, that "might makes right," it is
equally true that civilization depends on the slow, steady growth of the
rule of law. Blood-feuds and reprisals are too costly to persist. We
need to settle our disputes by recourse to impartial tribunals.

And to be impartial, a court must have a basic principle upon which all
men can agree. I say it is this: All men are created equal.

Our voluntary, consensual intercourse has never been a problem, and
never will. Mankind's agony lies in bloody conflicts between people who
cannot agree. You can pick up a club and threaten to bash my head in.
You can join a gang, bent on taking my land and bread. You can issue an
edict signed by 10,000 Hottentots or 10 million Jews. But nothing you
can do or say will make it right to force someone to accede to a "social
contract" which provides that his consent is unnecessary and irrelevant
to an outcome that your gang intends to enforce.

Murder, by any other name, is still a crime.

Slavery is still slavery -- even when it is openly practiced by a
"sovereign" in the name of the "public good."

Complaints are everywhere heard from our most considerate and virtuous
citizens ... that the public good is disregarded in the conflict of
rival parties; and that measures are too often decided, not according to
the rules of justice, and the rights of the minor party, but by the
superior force of an interested and overbearing majority. (Madison, The
Federalist)

Amen, brother, and pass me another round of intellectual ammunition.
It's going to be a long war of attrition in the struggle for human
rights.

-30-

from The Laissez Faire City Times, Vol 3, No 17, April 26, 1999
------------------------------------------------------------------------
Published by
Laissez Faire City Netcasting Group, Inc.
Copyright 1998 - Trademark Registered with LFC Public Registrar
All Rights Reserved
-----
Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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