The
text of
this
essay has been lifted wholly from a site devoted to exploring
Post-Objectivism, which I
encourage my visitors to visit. The date given
there is November 1999. Smith’s
thesis is that the “consent” that allegedly demarcates the
justice-enforcing government from the justice-violating gang is nowhere to
be found in any existing organization claiming to be a government. “Those
familiar with its [i.e., “consent” theory’s] long history will understand
that it has everywhere and always been used to defend and expand the
absolute power of govern-ment.” The “basic premise of anarchism,” argues
Smith, is “that true sovereignty resides in each individual, who has the
right to assess the justice of a particular law, procedure or
government.” The relevance of Smith’s case is not confined to its
consequences for Objectivism.
In
Defense of Rational Anarchism
George H. Smith
Anarchism is a theory
of the good society, in which justice and social order are maintained
without the State (or government). Many anarchists in the libertarian
movement (including myself) were hea-vily influenced by the epistemological
and moral the-ories of Ayn Rand. According to these anarchists,
Rand’s
principles, if consistently applied, lead neces-sarily to a repudiation of
government on moral grounds.
I call this
rational anarchism, because
it is grounded in the belief that we are fully capable, through reason, of
discerning the principles of jus-tice; and that we are capable, through
rational per-suasion and voluntary agreement, of establishing whatever
institutions are necessary for the preser-vation and enforcement of
justice. It is precisely be-cause no government can be established by
means of reason and mutual consent that all Objectivists should reject
that institution as unjust in both theory and practice.
Although it is sometime
useful to distinguish bet-ween the meanings of “State” and “government,”
such distinctions are irrelevant to the present dis-cussion, so I shall use
the terms interchangeably. Following the classic discussion of the
sociologist and historian Max Weber, I shall define the “State” as a human
community that (successfully) claims the monopoly of the legitimate use of
physical force within a given territory.”
The State is vested
with the exclusive power to enact legislation, adjudicate legal disputes,
enforce laws, etc., while forcibly preventing other individuals and
associations from engaging in the same acti-vities. The State, in other
words, exercises a coer-cive monopoly in the enforcement of justice. This
ultimate power of decision-making is known in poli-tical theory as
“sovereignty.” In the words of the his-torian A. P. d’Entreves, “the
problem of the birth of the modern State is no other than the problem of
the rise and final acceptance of the concept of sovereignty.”
The concept of
sovereignty is the focal point of the current debate between anarchists
and minar-chists (a label coined by Sam Konkin for the advo-cates of
minimal, or “limited,” government). The fundamental problem is this:
Where does the right of sovereignty come from, and how can it be
justified? This is an especially difficult problem for those in the Lockean tradition of minarchism—which, in this context, includes the
followers of Ayn Rand.
John Locke (like Ayn
Rand) believed that all rights belong to individuals. There are no
special “group rights” that exist in addition to individual rights. The
rights of all groups (including the group that calls itself a
“government”) must be based on, and in some way derived from, the rights
of individuals.
I call this approach
political reductionism,
because it maintains that the sovereign rights of a (legiti-mate)
government are reducible to the rights of indi-viduals. Political
reductionism stands in opposition to political emergence theory, which
argues that at least one right (usually the right to enforce the pre-cepts
of justice) does not originally belong to indivi-duals, but emerges only in
civil societies under go-vernment.
Now, having presented
this background material, I will address several key issues in the
minar-chist/anarchist controversy.
Ayn Rand and the Social Contract Tradition
According to John
Locke, every person in an anarchistic state of nature would possess the
“executive power” to enforce his own rights against the aggressive actions
of others. But owing to various “inconveniences” (such as the likelihood
of personal bias when acting as judge in one’s own case), Locke argued
that rational people would unanimously agree to leave this state of nature
and join a “civil society,” which would thereafter use majority rule to
decide upon a particular form of government, such as constitutional
monarchy, democracy, and so forth.
This “social contract”
was Locke’s way of accounting for our obligation to obey the political
sovereign. Beginning with the rights of individuals, Locke tried to show
how the executive power to enforce these natural rights would be
delegated, through a process of consent, to government.
Eighteenth-century Americans were chiefly indebted to John Locke for their
belief in government by consent.
Ayn Rand defends a consent doctrine in several of her
essays, but she never explains how this consent should manifest
itself—whether, for example, it must be explicit or merely tacit (as Locke
believed). Nor does she explain precisely which rights are delegated to
government and how they are transferred. Therefore, although
Rand appears to fall
within the social contract tradition (at least in a general way), it is
unclear where she would stand on the nature and method of political
consent. I sincerely hope that some of her minarchist followers can shed
some light on this problem.
Consent Theory vs. Government
Many of John Locke’s
critics—such as David Hume, Josiah Tucker, Adam Smith, Edmund Burke, and
Jeremy Bentham—argued that the inner logic of consent theory, if
consistently applied, will land us in anarchy. As these critics pointed
out, no government has ever originated in consent, and there is no reason
to suppose that individuals, in full possession of their natural rights,
would ever subordinate themselves voluntarily to a government.
I agree with these
critics. If we accept the premise that individuals (and only individuals)
possess equal and reciprocal rights, and if we insist that these
individuals must consent to be ruled by a government, and if we condemn as
illegitimate all governments that rule without consent—then all
governments, past and present, have been illegitimate.
Furthermore, I maintain
that Objectivists, if they are to remain true to the consent doctrine,
must embrace this kind of “practical anarchism” and condemn all historical
governments as unjust. True, Objectivists insist that government can be
justified in theory—though none (that I know of) has ever spelled out the
necessary criteria—but this theoretically legitimate government has never
existed anywhere on this earth. Nor can it exist anywhere except in what
Edmund Burke called “the fairyland of philosophy.” As Josiah Tucker (a
contemporary of Burke) put it, the consent theory of government is “the
universal demolisher of all governments, but not the builder of any.”
John Locke identified two fundamental problems that must be
addressed by the political philosopher. First, what is the justification
of the State? Second, assuming that we can justify the State in theory,
what are the standards by which we can judge the legitimacy of a
particular government? Too often minarchists deal only with the first
question, while ignoring the second.
Suppose I am asked what
could conceivably change my mind and cause me to endorse government, and
suppose I give the following reply: “If I believed in the God of
Christianity, and if I believed that God had dispatched a squad of angels
to communicate with me personally, and if these angels told me that the
State is a divine institution, ordained by God for the protection of human
rights, and if these angels further informed me that anarchism would lead
to widespread death and destruction—then, under these circumstances, I
would abandon my anarchism in favor of minarchism.”
But consider an
important feature that would be missing from my newfound justification of
the State. While believing that the State is justified, qua institution,
I would not possess specific standards by which to judge whether a
self-professed “govern-ment” is in fact a legitimate State at all, or
whether it is merely a gang of usurpers and oppressors who claim to act on
behalf of that divine institution.
As a remedy for this
problem, suppose the angels provide me with a clear and unmistakable
standard, to wit: “You will know legitimate rulers by the visible halos
over their heads. This sign, and this sign alone, will mark the agents
who are authorized by God to act on behalf of the State.” Well, after
looking around at the functionaries of existing governments, and after
seeing no such halos, I would conclude that no one who presently claims to
represent the State is morally authorized to do so. On the contrary, I
would surmise that America is currently in a state of anarchy, since it
contains no legitimate government—so, devoted minarchist that I am, I
would dedicate my life to abolishing our wicked “government” and to
exposing those Satanic politicians who fraudulently pose as functionaries
of that divine institution, the State.
This is a species of
the “practical anarchism” that Objectivists must logically endorse. For
halos, they have substituted consent as the discernible sign of a
legitimate government—and, like halos, consent is nowhere to be found in
real-life governments. Hence, while defending the State in theory, these
consent-minarchists should oppose all existing governments in practice.
And this, I dare say, is a kind of minarchism that I can live with quite
well—for we are more likely to be visited by angels than to find a
government based on consent.
Ayn Rand, Anarchist
My next point will
probably cause me to be branded as a psycho-epistemological pervert, but
here it is: I am convinced that Ayn Rand was essentially an anarchist in
substance, if not in name. She was at most a nominal governmentalist. If
the conventional meaning of a word is to count for anything at all (and it
should), then Rand’s ideal “government” is in fact no government at all,
but is merely a sheep in wolf’s clothing.
How can I make this
outrageous claim? I base it on Rand’s moral opposition to coercive
taxation. The power of coercive taxation, as Alexander Hamilton said in
The Federalist Papers
is the very life-blood of government.
Indeed, the great debate over ratification of the
United States Constitution centered on whether or not the federal government should
have the power to tax. The Articles of Confederation had withheld this
power from Congress, reserving it exclusively for the states. Many
Anti-Federalists opposed the Constitution because they realized that the
federal government, if granted the power to lay and collect taxes directly
from the people, would strip the states of their sovereign authority.
If the defenders of either side in the ratification debate
had encountered
Rand’s argument for “voluntary taxation,” they would
have assailed it, first, as a veritable contradiction in terms (which it
is), and, secondly, as a rejection of sovereign government altogether
(which it also is). Virtually every defender of government—from John
Locke to Thomas Jefferson to Ludwig von Mises—has recognized coercive
taxation to be an essential component of sovereignty, a power without
which no true government can exist.
The principle of “voluntary taxation” reduces
Rand’s “government” to
a free-market protection agency, which, like every business, must either
satisfy its customers or close up shop. What is to prevent a dissatisfied
customer from withholding his money from a Randian “government,” while
sub-scribing instead to the services of another agency? Why cannot a landowner (or combination of land-owners) refuse to pay
for the services of their Randian “government,” which they regard as
inefficient, and take their business elsewhere?
The right to pay for
services or not, according to one’s own judgment, is a characteristic of
the free market; it has no relationship, either theoretically or
historically, to the institution of government. There is no way a
government can retain its sovereign power—its monopoly on the use of
legitimate force—if it does not possess the power of compulsory taxation.
When the
nineteenth-century minarchist Auberon Herbert advanced his theory of
“voluntary taxation,” he was widely praised by anarchists, such as
Benjamin Tucker, who embraced him as one of their own. But he was
assailed by fellow minarchists, such as Herbert Spencer, who correctly
pointed out that Herbert’s position was indistinguishable from anarchism.
Likewise, Rand’s position on taxation places her squarely in the anarchist
camp—her idiosyncratic use of the word “government” notwithstanding. We
should focus in this debate on the concept of government and its essential
characteristics, not on the word usage of a particular writer.
Objective Justice vs. Legal Monopolism
I defend anarchism, or
society without the State, because I believe that innocent people cannot
be forced to surrender any of their natural rights. Those who wish to
delegate some of their rights to a government are free to do so, provided
they do not violate the rights of dissenters who choose not to endorse
their government.
As Ayn Rand has said,
the lives of other people are not yours to dispose of. Yet this is
precisely what every government attempts to do. A government initiates
physical force (or the threat of force) to prohibit other people from
exercising their right to enforce the rules of justice. (Either every
person has this executive power, or no one does, according to the
principle of political reductionism.) A government, while engaging in
certain activities which it claims are just, coercively prevents other
people from engaging in those self-same activities.
By what moral means, I
ask, does a government come to possess this exclusive right? A government
cannot bestow justice on an action that would be unjust if undertaken by
someone else. Nor can a government, through force or arbitrary decree,
render an action unjust when undertaken by someone else, if that same
action is just when undertaken by government. The principles of justice
are objective and therefore universal; they apply equally and without
exception to every human being, as does every rational precept and
procedure. A mathematical computation, for example, cannot be correct
when computed by a government, and incorrect when computed by someone
else. A deductive syllogism, if valid for those in government, is equally
valid for those outside of government. Murder, if wrong when committed by
an individual, is equally wrong when committed by a government.
Likewise, an activity,
if moral when pursued by a government, is equally moral when pursued by
someone else. All this should be obvious to those who agree with the
principles put forth by Ayn Rand. If, therefore, the principles of
justice are objective (i.e., knowable to human reason), then a government
can no more claim a monopoly on the legitimate use of force than it can
claim a monopoly on reason.
Those minarchists who
claim that justice can prevail only under government must implicitly
defend the view that justice is either subjective or intrinsic. If
justice is subjective, if it varies from one person to the next, then
government can be defended as necessary to establish objective rules.
Likewise, if justice is intrinsic to government itself, if whatever a
government decrees is necessarily just, then government is justified
automatically.
If, however, justice is neither subjective nor intrinsic,
but instead is objective—i.e., if it can be derived by rational methods
from the facts of man’s nature and the requirements of social
existence—then the principles of justice are knowable to every rational
person. This means that no person, group of persons, association, or
institution whether known as “government,” “State,” or by any other
name—can rightfully claim a legal monopoly in matters pertaining to
justice.
Rational anarchism, in short, is simply the application of
Ayn Rand’s theory of objective knowledge to the realm of justice.
State-Sovereignty vs. Self-Sovereignty
As far as I know, the
first sustained attack on legal pluralism came from Marsilius of
Padua in
the fourteenth century. In his
Defender of the Peace,
Marsilius attacked the legal pluralism of his day—especially as it
pertained to the political authority of the Church and he maintained that
one authority, and one alone, should have sovereign power in a given
territory.
In defense of this
view, Marsilius argued that to deny the right of sovereignty leads
ultimately to a logical contradiction. Someone—some person, association
or institution—must have the authority to render a final verdict in order
for a legal system to operate. One of Marsilius’s more interesting
examples went something like this:
Suppose two “competing
governments” (to use the misleading terminology of Ayn Rand) claim
jurisdiction over the same territory, and suppose both have the right to
issue compulsory subpoenas that require a person to appear in court on a
given day. Furthermore, suppose I receive subpoenas from both agencies
demanding that I appear in court at exactly the same time. Since it is
impossible for me to be in two places at once, it is impossible for me to
obey both governments simultaneously. Yet this conflicts with our initial
premise—that both agencies have a rightful authority to issue
subpoenas—because I am logically required to disobey at least one of these
governments.
I don’t know the
official Objectivist position on subpoenas, but the logic of the foregoing
argument can easily accommodate other examples. The important point here
is the reasoning behind this “logic of sovereignty argument,” as it is
sometimes called. This argument exerted considerable influence after
1576, when Jean Bodin used it to defend absolute monarchy. It was also
used for the same purpose in the seventeenth century by Sir Robert Filmer
(Locke’s dead adversary) and Thomas Hobbes.
It is scarcely
accidental that the logic of sovereignty argument was a favorite among the
defenders of absolutism, and was vigorously opposed by John Locke and
other champions of limited government. For consider: If the sovereign
(whether one man or group of men) is the final arbiter in all matters
pertaining to justice, then how can the sovereign himself be held
accountable for committing acts of injustice? The absolutists insisted
that he cannot be so judged by any human authority; the sovereign was
accountable to “none but God.”
Sovereign power, in
this view, must be absolute (i.e., unconditional), because by definition
there is no higher authority than the sovereign himself. The sovereign is
therefore above the law, not under it, which means that there can exist no
rights of resistance and revolution by the people. To advocate a “divided
sovereignty,” according to Filmer, Hobbes and other absolutists, is to
advocate anarchy.
I cannot go into the
various ways that Locke and other minarchists tried to get around this
logic of sovereignty argument, but I think the absolutists had the
stronger philosophical case. Either a government has sovereign power, or
it doesn’t. Either a government has the final authority to render and
execute legal decisions, or it doesn’t. Sovereignty is an all-or-nothing
affair. And if this is true, then no person has a right to resist the
sovereign, however unjust his actions may appear. For who is to decide
whether a law is unjust, if not the sovereign himself? Who is to decide
whether a right has been violated, if not a sovereign government in its
role as final arbiter?
In any dispute between
a sovereign government and its subjects, the government itself must decide
who is right; and, as Locke suggested, the sovereign, like everyone else,
is likely to be biased in his own favor. I would therefore like to know
how those Objectivists who use the logic of sovereignty argument as a
weapon against anarchism can avoid sliding down the slippery slope into
absolutism.
If I am arrested for
smoking pot or for reading a prohibited book (say,
Atlas Shrugged) do I have a
right forcibly to resist my incarceration? If you say “no,” then you are
defending absolutism. If you say “yes,” then what happened to the
sovereign power of government to render final decisions in matters of
law?—for in resisting the government I am clearly acting as judge in my
own case.
Ayn Rand somewhere says
that a government becomes tyrannical when it attempts to suppress freedom
of speech and press, but who is to decide when this line has been crossed,
if not the sovereign government? Surely we can’t have crazy people like
Ayn Rand running around condemning some laws as unjust and calling for
disobedience, because this will lead to anarchy. We cannot preach
sovereignty when it suits our purpose, and then oppose it when we don’t
like particular laws, for this undermines the rationale of sovereignty
itself—i.e., that legal matters cannot be left to the discretion of
individuals. The doctrine of natural rights, as foes of consent theory
repeatedly pointed out, is inherently anarchistic. Burke called natural
rights “a digest of anarchy,” while Bentham castigated them as “anarchical
fallacies.”
If at any point Objectivists are willing to admit that
individuals have the right to resist an unjust law or overthrow a despotic
government, then they are conceding the basic premise of anarchism:
namely, that true sovereignty resides in each individual, who has the
right to assess the justice of a particular law, procedure or government.
There can be no (logically consistent) middle ground
between state-sovereignty and self-sovereignty, between absolutism and
anarchism. I defend the self-sovereignty of anarchism. If Objectivists do not
understand how I can defend the individual as the “final authority in
ethics,” I recommend they read Ayn Rand’s essay on that topic.
The Logic of State-Sovereignty vs. Objective Justice
In over twenty-five
years of arguing with Randian minarchists, I have encountered few who seem
even remotely aware that the logic of sovereignty argument has been a
central theme in political theory for over four centuries. Those familiar
with its long history will understand that it has everywhere and always
been used to defend and expand the absolute power of government.
In
The Federalist Papers,
for example, both Madison and Hamilton repeatedly use the logic of
sovereignty argument to defend extensive discretionary powers in the
federal government, and to prove that no limit can logically be imposed on
the taxing power of Congress. Indeed,
Hamilton
insists that an “unqualified” (i.e., absolute) power to tax is logically
deducible from the axiom of sovereignty, and Madison defends a similar position.
As the saying goes, if
you lie down with dogs, you get up with fleas. The minarchists who lie
down with the logic of sovereignty argument are infested with the fleas of
absolutism, but apparently they haven’t noticed or don’t care.
Our primary concern should be with the justice of a legal
system—i.e., with what
laws are enforced, not with who
enforces them. This justice can be ascertained by
objective standards of
right. If the legal system of an agency (whether governmental or private) is
truly just as evaluated by objective standards—and if, by “competition,”
we mean any attempt forcibly to overturn this legal system, replacing it
with an unjust system—then our agency may forcibly resist and overthrow
the outlaw agency, owing to its effort to violate individual rights.
As I said, however, the
right to suppress the outlaw agency has nothing to do with the alleged
necessity for a final arbiter. Rather, it is simply an application of the
right of every individual, whether by himself or in combination with
others, to resist and repel despotism, whatever the source of that
despotism may be. The pertinent issue, therefore, is not whether we need
a coercive monopoly to enforce justice; but whether we can determine the
justice of legal system by objective methods, and whether, having
objectively condemned a given system as unjust, we can then forcibly
resist any individual or agency which seeks to impose that system. This
has everything to do with the individual right of self-defense, as
manifested in the libertarian rights of resistance and revolution, and has
nothing whatever to do with the supposed need for a final arbiter.
Objectivists, if they are to remain true to the theory of
rights defended by Ayn Rand, must agree with anarchists that the moral
legitimacy of a particular government depends, not on the subjective
claims of that government, but on true measure of justice in its legal
system, as evaluated by objective criteria.
If a legal system is objectively just, then its enforcement
agency (whether governmental or private) may properly restrain the
“competition” of an unjust legal system, whether implemented by a
government or by a private agency. If, however, the competitor also works
within the framework of a just legal system (perhaps differing from the
other agency in optional matters of procedure), then that competitor may
not be forcibly restrained from entering into contractual relationships
with willing customers.
The logic of sovereignty argument is valid only within a
subjective theory of justice, where a coercive arbiter must prevail in the
absence of reason. In an objective theory of justice, however, what
appears to minarchists (mistakenly) as the logic of sovereignty—i.e.,
the right forcibly to eliminate unjust agencies—has in fact nothing to do
with the supposed need for a final arbiter, but is instead the application
of an individual’s right of self-defense.
Minarchists, after noting that an objective theory of
justice can generate the right to exclude competing agencies in
some cases (i.e., when the
agency is unjust), erroneously conclude that this right flows from
political sovereignty. But sovereignty demands the exclusion of competing
agencies in all cases,
even if the competitor is far more just than the sovereign itself.
Sovereignty, based as it is on subjectivism, cannot logically discriminate
between just and unjust legal systems, so it transforms the de facto
power of an existing government into de jure sovereignty—operating,
in effect, from the maxim of Alexander Pope, “Whatever is, is right.” This
is why the theory of sovereignty and its attendant absolutism have always
denied the rights of resistance and revolution.
A system of objective justice, on the other hand, enables
us to discriminate between the initiation of force and the retaliatory use
of force, thereby providing a rational method of assessing any person,
agency or government which claims to use legitimate violence.
Furthermore, a system of objective justice defines and sanctions the use
of defensive violence, which has traditionally been expressed in
libertarian theory as the rights of resistance and revolution.
These rights, which stem from the individual right of
self-defense, can justify the suppression of any agency or government that
seeks to impose an unjust legal system. And though this suppression of
“competition” may sometimes bear a superficial resemblance to the
sovereign suppression of all competition (whether just or unjust), this
should not mislead Objectivists and libertarians into supposing that these
two actions—one
by a sovereign government, the other by a private justice agency—are based
on the same mode of justification.
One (suppression by a sovereign government) is rooted in
political subjectivism (or relativism), and has no relationship to the
justice or injustice of the victimized agency. The other (suppression by
a justice agency) is rooted in political objectivism, and is confined
solely the suppression of unjust agencies and governments. The former
power is justified by political sovereignty, a right that cannot be
reduced to the rights of individuals. The latter power is justified by
the right of self-defense, a right that is possessed equally by every
individual and can be delegated (or not) to a specialized agency. The
former theory leads necessarily to absolutism and cannot be reconciled
with consent. The latter theory generates agencies whose power is
specifically limited by the consensual delegation of rights by
individuals.
As I have said before, we must ultimately choose between
state-sovereignty and self-sovereignty, between absolutism and anarchy,
between subjective decree and objective justice. There is no middle
ground in logic. The chickens of the Law of the Excluded Middle have come
home to roost. And they are fouling the minarchist nest.
Legal Pluralism vs. State-Sovereignty in History
The lesson here is that
power is always dangerous, regardless of who wields it—be it a private
protection agency or a sovereign government.
As
Acton said, “Power
tends to corrupt, and absolute power corrupts absolutely.” Even the
rulers in an ideal Objectivist society would be likely to abuse their
power, and would therefore require constant monitoring. (I ask you, who
is more likely to seek power in an Objectivist society—the Howard Roarks or the Ellsworth Tooheys?) It was this concern
about the abuse of power that led Thomas Jefferson and others in his
tradition to favor decentralization, a system in which power is checked by
other external powers.
This was the original idea behind “limited government.” A
“limited government” was a government whose power was limited, or checked,
by another power external to itself. Ultimately, according to Locke,
Jefferson, and other
minarchists, the only effective check on sovereign power is the right of
the people to resist unjust laws and overthrow despotic governments. This
sovereign right of the people was the external check that imposed real
limits on a “limited government.”
There are very good reasons to suppose that legal pluralism
would be more effective in preserving justice than legal monism. The
Western legal tradition, as many historians have pointed out, was rooted
in legal pluralism. Legal pluralism existed in
Europe for many
centuries, until it was finally destroyed by rapacious and violent
monarchs. Medieval Europe had a complex network of political authorities,
legal systems and overlapping jurisdictions. There existed customary law,
the king’s law, feudal law, municipal law, canon law, and so forth. What
some minarchists claim cannot exist, therefore, did in fact exist for many
centuries.
Moreover, as Voltaire,
Lord Acton and
other liberal historians have argued, the Western World owes its liberty
to the conflict among these competing authorities. Neither the spiritual
nor the temporal authorities had libertarian intentions, but the ongoing
competition between these institutions gradually led to the development of
“intermediate” institutions (such as municipalities), as Pope and Prince
conceded various “liberties” and “immunities” in an effort to win allies
to their side. And it was these intermediate institutions, not
governments, which were largely responsible for the freedom that is unique
to the Western World.
A remarkable system of competing governments also existed
in America
for many decades prior to the War for
Independence.
The colonials came to regard their provincial governments as independent
and autonomous institutions that were necessary to check British power.
And the British government, in its turn, restrained the power of the
colonial assemblies. This situation resulted in a paralysis of power
(since neither government could do much) and in a great deal of personal
liberty.
Later, after the countervailing power of
Britain had been
eliminated by a successful Revolution, the Constitution established a
powerful national government—which, as
Madison
proudly announced during the Philadelphia Convention, was vested with
greater powers than even the British Parliament against which Americans
“have so lately rebelled.”
This sentiment was seconded in
The Federalist Papers
by Alexander Hamilton, who criticized the fundamental principles of the
American Revolution, called for their repudiation by the American people,
and advocated instead a Constitution and monopolistic government that were
based on a newer and more sophisticated “science” of political
sovereignty. In just a few short years the decentralized legal pluralism
of pre-Revolutionary America had succumbed to the logic of sovereignty and
a powerful central government—those evil Siamese-twins that are largely
responsible for our present unhappy condition.
Consider two of the most powerful and influential ideas in
twentieth century politics: the notion of an all-powerful State that is
the sole arbiter of justice, and the notion of an infallible general will
that can force people to be free. The former was the brainchild of Thomas
Hobbes, the latter of J. J. Rousseau. Consider also that it was these
two philosophers of sovereignty who, more than anyone else, separated
sovereignty from its religious roots in the divine right of kings, gave it
a secular foundation, and unleashed the “mortal god” of Leviathan on the
Western World.
I don't defend
anarchism because I ever expect to see an anarchist society. (An anarchist
America is almost as unlikely as an Objectivist America.) But I do think
we can effectively combat statism with the right intellectual ammunition,
and this includes the total repudiation of political sovereignty in favor
of individual rights and voluntary institutions.
Posted March 1,
2008
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