Know Your Rights
Murray Rothbard
Recently, a bewildering and seemingly new phe-nomenon has burst upon the
public consciousness, “right-wing libertarianism.” While earlier forms
of the movement received brief and scornful attention by professional
“extremist” baiting Liberals, present attention is, almost miraculously
for veterans of the movement, serious and respectful. The current
implication is “maybe they’ve got something here. What, then, have they
got?”
Whatever their numerous differences, all “right-wing libertarians” agree
on the central core of their thought, briefly, that every individual has
the absolute moral right to “self-ownership,” the owner-ship and control
of his own body without aggressive interference by any other person or
group. Secondly, libertarians believe that every individual has the
right to claim the ownership of whatever goods he has created or found
in a natural, unused state: this establishes an absolute property right,
not only in his own person but also in the things which he finds or
creates. Thirdly, if everyone has such an absolute right to private
property, he therefore has the right to exchange such property titles
for other titles to property: hence the right to give away such property
to whomever he chooses (provided, of course, that the recipient is
willing); hence the right of bequest—and the right of the recipient to
inherit.
The emphasis on the rights of private property of course locates this
libertarian creed as emphatically “right-wing,” as does the right of
free contract implying absolute adherence to freedom of enter-prise and
the free-market economy. It also means, however, that the
right-libertarian stands foursquare for the “civil liberty” of freedom
of speech, press, and assembly. It means that he necessarily favors
total freedom for abortion, pornography, prostitution, and all other
forms of personal action that do not themselves aggress against the
property of others. And, above all, he regards conscription as slavery
pure and simple. All of these latter positions are of course now
regarded as “leftist,” and so the right-libertarian is inevitably put in
the position of being some form of “left-rightnik,” someone who agrees
with conservatives on some issues and with leftists on others. While
others therefore see him as curiously fluctuating and inconsistent, he
regards his position as virtually the only one that is truly consistent,
consistent on behalf of the liberty of every individual. For how can
the leftist be against the violence of war and conscription and morality
laws while yet favoring the violence of taxes and government controls?
And how can the rightist trumpet his devotion to private property and
free enterprise while favoring conscription and the outlawing of
activities he deems immoral?
While of course opposing any private or group aggression against the
rights of private property, the right-libertarian unerringly zeroes in
on the central, the overriding aggressor upon such rights: the State
apparatus. While the leftist tends to regard the State as an evil
enforcer of private property rights, the right-libertarian, on the
contrary, regards it as the prime aggressor on such rights. In contrast
to believers in democracy or monarchy or dictatorship, the
right-libertarian steadfastly refuses to regard the State as invested
with any sort of divine or any other sanction setting it up above the
general moral law. If it is criminal for one man or a group of men to
aggress against a man’s person or property, then it is equally criminal
for an outfit calling itself the “government” or “State” to do the same
thing. Hence the right-libertarian regards “war” as mass murder,
“conscription” as slavery, and—for most libertarians—“taxation” as
robbery. From such past mentors as Herbert Spencer (Man vs. the
State) and Albert Jay Nock (Our Enemy the State), the
right-libertarian regards the State as the great enemy of the peaceful
and productive pursuits of mankind.
With this as the central core of libertarian thought, we must now
investigate the numerous facets of the right-libertarian spectrum; and,
despite the numerous difficulties of such an analysis, it is still most
convenient to align the various tendencies and factions of
right-libertarianism on its own “left-right” continuum.
On the extreme-right fringe of the movement, there are those who simply
believe in old-fashioned nineteenth-century laissez-faire; the
major laissez-faire group is the Foundation for Economic
Education, of Irvington-on-Hudson, New York, for which many of the
middle-aged members of the right-libertarian movement have worked at one
time or another.
The laissez-fairists believe that a central government must
exist, and therefore that taxes must exist, but that taxation should be
confined to the prime “governmental” function of defending life and
property against attack. Any pressing of government beyond this
function is considered illegitimate. The great bulk of libertarians,
especially among the youth, have, however, gone beyond laissez-faire,
for they have seen its basic inconsis-tency: for if taxation is robbery
for building dams or steel plants, then it is also robbery when
financing such supposedly “governmental” functions as police and the
courts. If it is legitimate for the State to coerce the taxpayer into
financing the police, then why is it not equally legitimate to coerce
the taxpayer for myriad other activities, including building steel
factories, subsidizing favored groups, etc? If taxation is robbery,
surely then it is robbery regardless of the ends, benevolent or
malevolent, for which the State proposes to employ these stolen funds.
Most libertarians also reject the laissez-fairist position that
it is morally imperative to obey all laws, no matter how despotic, as
well as the all-too-common laissez-fairist patriotic devotion to
the American Constitution and the American State. They have also found
current laissez-fairists (though this was not true of the
nineteenth-century brand) to be conspicuously silent in mentioning the
heavy respon-sibility of big business for the growth of statism in
twentieth-century America, instead, the blame is almost always placed on
unions, politicians, and leftish intellectuals. Moreover, almost never
is there criticism of the greatest single force accelerating the
Leviathan State in America: the military-industrial complex, and the
American Empire fueled by that complex. For all these reasons, the old-fasioned
laissez-faire position has lost credibility for the bulk of
today’s right-libertarians.
Moving one degree leftward, we come to the Randian and neo-Randian
movements, those who follow or have been influenced by the novelist Ayn
Rand. From the publication of Rand’s novel Atlas Shrugged in
1958, the Randian movement developed into what seemed to be destined as
a mighty force. For the emotional impact of Rand’s powerfully-plotted
novels attracted a vast following of young people into her “Objectivist”
movement.
In addition to the emotional drawing-power of the novels, Randianism
provided the eager acolyte with an integrated philosophical system, a
system grounded on Aristotelian epistemology, and blending it with Nietszchean egosim and hero-worship, ratio-nalist psychology,
laissez-faire economics, and a natural-rights political philosophy,
apolitical philoso-phy grounded on the libertarian axiom of never
aggressing upon the person or property of another.
Even at its peak, however, the effectiveness of the Randian movement was
severely limited by two important factors. One was its extreme and
fanatical sectarianism; Randians refused to have anything to do with any
person or group, no matter how close in outlook, who deviated by so much
as an iota from the entire Randian canon—a canon, by the way, that has a
rigid “line” on every conceivable question, from aesthetics to tactics.
(An odd exception to this sectarianism, by the way, is the Republican
Party and the Nixon Administration, which includes several highly-placed
Randians as advisors.) Particularly hated by the Randians is any former
colleague who has deviated from the total line; these people are reviled
and personally blacklisted by the faithful. Indeed, Rand’s monthly
magazine, The Objectivist, is probably the only magazine in the
world that consistently cancels the subscription of anyone on their
personal blacklist, including any subscribers who send in what they
consider to be un-worshipful questions.
The second, associated factor is the totalitarian atmosphere, the cultic
atmosphere, of the Randian movement. While the official Randian creed
stresses the importance of individuality, self-reliance, and independent
judgment, the unofficial but crucial axiom for the faithful is that “Ayn
Rand is the greatest person who has ever lived” and, as a practical
corollary, that “everything Ayn Rand says is right.” With this sort of
ruling mentality, it is no wonder that the turnover in the Randian
movement has been exceptionally high: attracted by the credo of
individualism, an enormous number of young people were either purged or
drifted away in disgust.
The collapse of the Randian movement as an organized force came in the
summer of 1968, when an unbelievable bombshell struck the movement: an
irrevocable split between Rand and her appointed heir, Nathaniel Branden.
Since then, the Randian movement has happily become polycentric; and
Branden repaired to California to set up his own schismatic movement
there. But the latter is still a movement confined to psychological
theories and publications, and to book reviews in the occasionally
appearing Academic Associates News. As an organized movement,
Randianism, whatever variant, is a mere shadow of its former self.
But the Randian creed still remains as a vital influence on the thinking
of libertarians, so many of whom were former adherents to the cult.
Politically, Rand is to the left of the laissez-fairists in
rejecting taxation as robbery, and therefore illegitimate. Rand saw
through the illogicality, the inconsistency, of the laissez-faire
view of taxation. Randian political theory wishes to preserve the
existing unitary state, with its monopoly over coercion and ultimate
decision-making; it wishes to define its “govern-ment” as a Utopian
institution which retains its State monopoly but gains its revenue only
by voluntary contributions from its citizens. Still worse, while
Randians agree that taxation is robbery, they stubbornly refuse to
regard the government-even the existing government which lives off
taxation—as a band of robbers. Hence, Rand illogically infuses into the
political outlook of herself and her charges an emotional devotion to
the existing American government and to the American Constitution that
totally negates her own libertarian axioms. While Rand opposes the war
in Vietnam, for example, she does so on purely tactical reasons as a
mistake not in our “national interest”; as a result, she is far more
passionate in her hostility to the unpatriotic protestors against the
war than she is against the war itself. She advocated the firing of
Eugene Genovese from Rutgers, on the surprisingly anti-individualist
grounds that “no man may support the victory of the enemies of his
country.” And even though Rand passionately opposes the draft as
slavery, she also believes, with Read and the laissez-fairists,
that it is illegitimate to disobey the laws of the American State, no
matter how unjust—so long as her freedom to protest the laws remains.
Finally, Ayn Rand is a conventional right-winger, as well, in her
attitude toward the “international Communist conspiracy.” While
Randians are not exactly champions of war, they are prevented by their
simplistic diabolism from absorbing the revisionist view of American
foreign policy—from realizing that the Cold War and American
interventions overseas have been caused by the expanding aggressions of
American imperialism rather than by a noble response to “Communist
expansionism” by the “freest nation on earth.” Randians persist in the
right-wing myth that the antipode of individualism is Communism, whereas
the real antipode to liberty in America today is far different, the
existing Corporate Monopoly Welfare-Warfare State.
Many neo-Randians, devoted as they are to logical analysis, have seen
the logical clinker in Randian political theory; that if no man may
aggress upon another, then neither may an outfit calling itself
“government” presume to exert a coercive monopoly on force and on the
making of ultimate judicial decision. Hence, they saw that no
government may be coercively preserved, and they therefore took the next
crucial step; while retaining devotion to the free market and private
property, this legion of youthful neo-Randians have concluded that all
services, including police and courts, must become freely marketable.
It is morally illegitimate to set up a coercive monopoly of such
functions, and then revere it as “government.” Hence, they have become
“free-market anarchists,” or “anarcho-capitalists,” people who believe
that defense, like any other service, should only be provided on the
free market and not through monopoly or tax coercion.
Anarcho-capitalism is a creed new to the present age. Its closest
historical links are with the “individualist anarchism” of Benjamin R.
Tucker and Lysander Spooner of the late nineteenth century, and it
shares with Tucker and Spooner a devotion to private property,
individualism, and competition. Furthermore, and in contrast to Read and
Rand, it shares with Spooner and Tucker their hostility to government
officials as a criminal band of robbers and murderers. It is therefore
no longer “patriotic.” It differs from the older anarchist in not
believing that profits and interest would disappear in a fully free
market, in holding the landlord-tenant relationship to be legitimate,
and in holding that men can arrive through reason at objective law which
does not have to be at the mercy of ad hoc juries. Lysander
Spooner’s brilliantly hard-hitting No Treason, one of the
masterpieces of anti-statism and reprinted by an anarcho-capitalist
press, has had considerable influence in converting present-day youth to
liberta-rianism.
It is safe to say that the great bulk of right-libertarians are anarcho-capitalists,
particularly among the youth. Anarcho-capitalism, however, also
contains within it a large spectrum of differing ideas and attitudes.
For one thing, while they have all discarded any traits of devotion to
the State and have become anarchists, many of them have retained the
simplistic anti-Communism, devotion to Big Business, and even American
patriotism of their former creeds. What we may call “anarcho-patriots,”
for example, take this sort of line: “Yes, anarchy is the ideal
solution. But, in the meanwhile, the American government is the freest
on earth,” etc. Much of this sort of attitude permeated the Libertarian
Caucus of the Young Americans for Freedom, which split off or were
expelled from YAF at the embroiled YAF convention at St. Louis in
August, 1969. This split—based on their libertarianism and their
refusal to be devoted to such unjust laws as the draft—led to the
splitting off from YAF of almost the entire California, Pennsylvania,
Virginia, and New Jersey sections of that leading conservative youth
organization. These groups then formed “Libertarian Alliances” in the
various states.
A group of older anarcho-capitalists centered in New York founded the
Libertarian Forum as a semi-monthly, in early 1969, and formed the
Radical Libertarian Alliance, which had a considerable impact in fueling
and sparking the 1969 YAF split in St. Louis. Its ideas were propagated
among the youth with particular effect by Roy A. Childs, Jr. Childs had
particular effect in converting Jarret Wollstein from Randianism to
anarcho-capitalism and then to a realistic view of the American State. Wollstein,
an energetic young Marylander, had been ejected from the Randian
movement, and had formed his own Society for Rational Individualism,
publishing the monthly National Individualist. Finally, at the end of
1969, Wollstein’s SRI merged with the bulk of the old Libertarian
Alliance members of YAF to form the society of Individual Liberty, which
has become by far the leading organization of libertarians in this
country. SIL has thousands of members, and numerous campus chapters
throughout the country, and is loosely affiliated with the California
Libertarian Alliance, consisting largely of the ex-YAFers and which
itself has over a thousand members within the state.
Meanwhile, as the SIL and the old Libertarian Alliance has flourished by
moving from right to center within the spectrum, the New York-centered
Radical Libertarian Alliance has fallen upon evil days. Murray Rothbard
and Leonard Liggio had founded the journal Left and Right in
early 1965 as a means of splitting finally from a conservative movement
with which they had been allied but which had become a crusade against
Communism and a celebrant of the American Consensus. In contrast, they
saw in the New Left of those days many of the libertarian elements which
they had, in earlier days, found on the Right: oppo-sition to
centralized bureaucracy and statism, hostility to the public school
system, opposition to conscription, and a renaissance of the old “isola-tionist”
hostility to war and American imperialism. Hence, they called upon the
libertarians to find their allies on the New Left rather than on the
Right. Leonard Liggio has been particularly energetic in working with
the Left, having lectured on “American Imperialism” at the original Free
University of New York, edited the magazine Leviathan, and having
been associated with the American branch of the Bertrand Russell Peace
Foundation and its War Crimes Tribunal on Vietnam.
Under the inspiration of this search for the New Left, Becky Glaser led
the transformation of the YAF chapter at the University of Kansas into
an SDS chapter, and such youth leaders as Alan Milchman, then head of
YAF at Brooklyn College, and Wilson Clark, Jr., head of the Conservative
Club at the University of North Carolina, abandoned these organizations
to plunge into radical left activity.
Rapid growth in the New York movement in 1968-69 led Rothbard and his
associates to found the Libertarian Forum, as well as an
ever-growing series of dinners, culminating in a conference attracting
several hundred libertarians from the East Coast and Middle West, held
in New York City on Columbus Day, 1969. Increasingly, however, a split
grew within the Radical Libertarian Alliance, which had branches in
Washington, D.C., Connecticut, and Boston. The factional differences
centered on the problems of revolution, relations with the Left, and
communalism vs. individualism. For as the RLA youth took the concept of
alliance with the New Left to heart, they increasingly and to varying
degrees became “leftists,” thus setting up an extreme-left tendency
within the anarcho-capitalist movement. Leading this tendency was
former Goldwater speechwriter Karl Hess, who had been one of the most
spectacular converts to right-libertarianism during 1968. Going through
a Randian phase—reflected in his famous Playboy article “Death of
Politics” in mid-1969—Hess had passed through the center and on to lead
the extreme left by mid-1969.
Responsive to the call for alliance with the New Left, the Left tendency
began to oppose any criticisms of their newfound allies, leading to an
uncritical adulation of the Black Panthers and other groups on the Left,
including the anarcho-communists headed by Murray Bookchin. As in the
history of many ideological movements, tactics began to merge into
principle, so that many of the extreme left began to become
anarcho-syndicalists or anarcho-communists, or, failing that, to see
little or no difference between the various branches of anarchism. On
revolution, in contrast to the Right, which opposes revolution on
principle, and the Center, which holds revolution to be morally
defensible as armed self-defense against State aggression but tactically
and strategically absurd for present-day America, the RLA-Left began to
favor any and all revolutionary tactics, including street-fighting,
“trashing,” etc. This strategy has become increasingly unviable with
the general collapse of the New Left and its drift back to Stalinism.
The final split between these various factions occurred after the
Columbus Day, 1969 conference held by RLA in New York City, which
degenerated into a screaming match between Left, Center, and Right
factions, and featured a Left-exodus from the Conference to join a march
on Fort Dix. Shortly afterward, the over-30 group severed all
connections with RLA, and soon New York saw two, separate
right-libertarian organizations, each wary if not hostile to each other:
RLA; and the New York Libertarian Alliance, which was headed by Long
Island lawyer Gary Greenberg, and which became affiliated with SIL.
Since then, RLA has fragmented into various splintered affinity
groupings, the only viable remnants being Ralph Fucetola’s New Jersey
Libertarian Alliance, which publishes The Abolitionist, and a
group led by Charles Hamilton, which publishes the newly-established
quarterly Libertarian Analysis.
In many ways, California, with the largest right-libertarian population,
differs from the movement in the rest of the country. The movement
there is led by the California Libertarian Alliance, of over a thousand
members. Led by youthful former YAFers, the CLA is rightist and neo-Randian
in tendency, although over the last year and a half it too has moved
leftward and abandoned many of its Randian tenets. CLA has held several
highly successful conferences based on the idea of a Left-Right
libertarian dialogue. The last conference, held on the campus of the
University of Southern California last November and attracting over 700
attendees, featured Paul Goodman as well as more orthodox
right-libertarian speakers. It also featured the libertarian
psychoanalyst Dr. Thomas Szasz, who, influenced by such laissez-faire
libertarians as Ludwig von Mises and F.A. Hayek, has also become a
favorite of the New Left for his crusade against the coercion involved
in the “mental health” program.
At the center of the flourishing movement in southern California is
Robert LeFevre, head of the anarcho pacifist tendency within the
movement. LeFevre had founded and run for many years the Freedom School
near Colorado Springs, a school which ran two-week summer seminars and
was very successful in converting students and members of the public
throughout the country. After trans-forming the school into Rampart
College, LeFevre moved the operation to the Los Angeles area, where it
has formed the nucleus for the libertarian move-ment there. LeFevre
believes in absolute pacifism, holding it immoral not only to aggress
against the person or property of anyone else, but also to defend that
person or property by means of violence. Since he opposes all use of
violence anywhere, he is far more consistent than socialist-pacifists in
his opposition to force, and ranks as a kind of right-wing Tolstoyan.
He himself rejects the label “anarchist” and prefers to call his
pacifist libertarianism “autar-chism.”
Another split within the libertarian movement centers on “youth
culture”: drugs, rock, dress, etc. Almost exclusively, the split is
generational, with the over-30’s (with the exception of Hess) lined up
against the youth culture, and the under-30’s (with the exception of
dyed-in-the wool Randians) strongly in favor. However, the California
youth lead their generation in pushing youth culture as a supposedly
mandatory part of the libertarian struggle; a similar but less important
split centers on Women’s Liberation and Gay Liberation, both of which
are pushed strongly by the CLA youth. California is also the home of
such bizarre variants as “retreatism”—the dream of small groups for
eluding the State by buying (or even making!) their own island, or even
moving into caves underground.
Necessarily little-known in the rest of the country, but probably with
relatively the greatest influence within its own is the
right-libertarian movement in Hawaii. Led by Bill Danks, a graduate
student in American history at the University of Hawaii, the movement
there managed to gain control of a major radio station, KTRG. For two
years, KTRG beamed libertarian programs at their many thousands of
listeners for many hours each night. However, the FCC, in a flagrant
though unknown example of political repression, has cracked down and
taken away the license of the station, and Danks as well as the heads of
KTRG have been indicted for violation of the 1970 census! These are the
only indictments so far for the high crime of refusing to answer
questions on the census. Danks, affiliated with SIL, was head of SIL’s
Census Resistance ‘70 in the state of Hawaii.
Another emerging activity in the movement is the National Taxpayers’
Union, headquartered in Wa-shington, D.C. Headed by James Davidson,
publisher of SIL’s The Individualist, and Wainwright Dawson, Jr.,
a former conservative who has merged his United Republicans of America
into the NTU, the organization includes among its officers and advisors
Murray Rothbard, A. Ernest Fitzgerald, and the distinguished
socialist-anarchist Noam Chomsky.
As “left” and “right” categories dissolve and be-come increasingly
meaningless on the American ide-ological scene, as young people, with the
collapse of both the SDS-Left and the liberal “consensus,” grope toward
a new philosophy and a new orien-tation, the emerging phenomenon of
right-liber-tarianism may be destined for an important role in American
life. If that happens, left-pacifists should not be very dis-tressed,
for this would mean an important thrust toward the dismantling of the
war machine, the imperial expansion, and the domestic Leviathan of the
giant American State.
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