Posts Tagged ‘constitution’

Morality and the non-aggression principle

February 12, 2012 17 comments

How does one define morality? Do we all have different morals? Is there universally-preferable behaviour, or is all moralising just opinion? These are difficult questions, and will likely be debated for centuries to come. Philosophies of liberty are based on the idea that freedom of the individual and his or her property are universal. The prevailing idea among anarchists is the non-aggression principle, or NAP.

According to the non-aggression principle, all aggression, or initiation of force, is illegitimate. It prohibits the threat or actual use of violence or force against people who have not initiated force against others, and are unwilling to be forced. It is encapsulated in the golden rule, do to others as you would have them do to you.

The NAP is a simple, universalist standard of morality. Not everyone adheres to or even agrees with it, but it is the moral basis for a stateless society. It is a law based not on the calculations of a politician but on the ideals of peace and self defense, property, justice, freedom and responsibility.

The NAP grants property rights. By property, I mean the money one has been given through legitimate (voluntary, peaceful, as opposed to forced) means, the property he has acquired by spending that money, and the products of his own labour. One’s body is also one’s own property, which means he decides what gets done to his body. If he wants to get a tattoo, he should be free to do so. If he wants to smoke marijuana, or even crack-cocaine, again, he should be free to do so. If he harms other people because he is intoxicated, the crime is not the taking of intoxicants but the initiation of violence against others.

According to the NAP, forcing someone, even one’s sister, to wear a headscarf is immoral. Forcing her to take it off is as well. Forcing someone to eat or drink something is immoral, because it is a violation of one’s ownership of one’s own body; forcing them not to take drugs likewise violates the principle.

Products of one’s own labour are one’s property. Things acquired illegitimately are not. By way of example, imagine Tom walks into the wilderness, builds his own home and starts a farm. He has transformed the land into something useful and valuable. He deserves it; it now belongs to him. Then, imagine Derek comes along and seizes an acre of his land. What claim does Derek have to that land? Tom, in fact, has the right to defend his property, as he does himself.

Derek claims that property is theft, because Tom is forcing Derek off his land. However, the land would have been useless without the labour Tom put in. Labouring in a factory brings money that can be used to buy food. Labouring on a farm brings the food. Derek is trying to force Tom to give up property previously unowned and useless to anyone, which Tom transformed into something useful. He is trying to steal that something. Tom is merely protecting the fruits of his labour.

If theft is defined as taking another’s property without that person’s consent, and one’s property includes anything one has earned (including money) or made useful through one’s own labour, Derek is stealing from Tom. Tom, on the other hand, has not stolen from anyone, because no one had any legitimate claim over the land before he came along.

Likewise, if Tom is willing to sell Matt his land and Matt is willing to pay his asking price with money he attained through voluntary transactions, Tom’s property can become Matt’s. Tom’s labour created the property and Matt’s labour brought the money to buy it legitimately. Thus, property is not theft.

If there is a child playing on the train tracks and a train is coming, is it wrong to save the child? Of course not. Non-aggression is about consent. If the child would, at some time in his or her life, thank you for initiating force, it is not immoral to have helped him. If his parents thank you, it is not immoral. (Of course, this brings up questions of whether a child is property, in what respects and until what age; it also brings up the question of the morality of preventing suicide. These are details this blog does not go into.)

It is not immoral to govern a population that gladly and willingly consents to being governed. If people want to live under the gun, they should be allowed to. However, what if even one person is both peaceful and unwilling? What if he is unwilling to give his property to support a system he disagrees with? What if one person wants to opt out of a system under which he does not want to live? Is it right to disregard this person? Is it right to let the collective decide for the individual against his will? Not if the non-aggression principle holds.

An individual, or any other minority, is equally deserving of universal rules of morality. Morality must be universal, because all humans are equally deserving of the basic rights to live according to what they see as right, provided they do not harm others. In fact, morality can scarcely be said to be moral if it applies double standards, affording some people certain rights over others. If a system privileges the majority, giving them rights to deprive the minority of its life, freedom or anything it acquired through voluntary means, it is immoral. As Gandhi (himself an anarchist) once said, “In matters of conscience, the law of the majority has no place.”

The myth of the social contract

For the past three hundred years, man has heard the suggestions of a wide variety of philosophers. One influential idea was that of the social contract. The social contract states that the people in a given territory submit to the will of the state; and in return, the state provides protection to the people.

But what is a contract? A contract is an agreement consciously and willingly entered into by two or more parties. No one signed a contract agreeing to submit to the laws passed by politicians. It is irrelevant whether the politicians were elected or not, or by how many votes. Democracy or dictatorship, if an individual is not willing to submit to this so-called contract, there is nothing moral about forcing him into it.

The book No Treason: the Constitution of No Authority by Lysander Spooner (available in full here) spells out with expert logic the irrelevance of the social contract as a contract. “The Constitution [of the United States] has no inherent obligation or authority” he begins. And he is right. After all, I have never even been asked if I would like to follow any law, nor have I ever seen this contract apparently signed on my behalf. For this contract to be moral according to the NAP, every single citizen of every country would have to consent to living under the country’s legal system. It is null for everyone who does not sign it.

And yet, because a small group of men wrote a document over 200 years ago, 300m people are subject to the violence of every single law passed by a small clique of decision makers. The notion of the social contract suits the state, because there is no chance to opt out of and end the contract. But it does not suit the dissenting individual or persecuted minority. And it is clearly not a contract.

Taxation is the initiation of force. If any person being taxed is unwilling to pay taxes or is unwilling to pay as much as he or she is paying, taxes are force. Thus, the manner in whichever a government acquires its funding is force. (See my post on taxation for a fuller discussion.)

To say that everyone should be forced to pay taxes, or else they should not be allowed to use the services government provides, has things backwards. The people who initiate force are the ones committing the immoral act. Thus, the onus is on those forcing others, and those supporting the forcing of others, to explain to the people why they should be willing to be forced.

Likewise, it does not follow that someone who does not like the system should just move. The analogy of paying rent does not follow, because neither the government nor the population own the country and the citizens are not tenants. If a man built or bought his house, he has already paid and has no further rent to pay. Telling someone he should move if he does not like it is akin to saying he should be charged rent at a house he already owns.

Some anarchists consider voting the initiation of force. If I vote, I attempt to force my preferred electoral candidate, along with his or her policies, on the population at large. People who follow the NAP would not want to force policies on any peaceful person. (Find more on this subject here.)

Anarchism means no rulers, no overarching force that can legitimately initiate force against entire populations. It means that people are free to engage in any actions that do not initiate force against others. Anarchists thus oppose any person or organisation that attempts to impose its will on others by force, be they a controlling husband, a gang or a government.

Self defense is legitimate. A world where at least one percent of humans are psychopaths requires vigilance to defend one’s life, liberty and property against those who would attack, steal and kill. It is also right to defend other innocent people against the same forms of aggression, provided they have not given and would not give their consent to the aggressors.

Naturally, there are difficult questions, to be answered case by case, as to when violence is aggressive and when it is defensive. The history of Israel is a tale of tens of thousands of deaths at the hands of people who thought they were only defending innocents. Is it right to steal from a thief? Is it right to kill a murderer? Revenge is understandable, and even rational (to prevent further attacks), though as a moral question, again, it depends. (I write more on the subject of Israel and the policy of revenge here.)

It has been said that libertarianism (within which anarchists can count themselves) is the radical notion that other people are not your property. What is meant by that? It means that no one can decide what is right for a peaceful person of sound mind except the individual him or herself. Not violating the life, liberty and property of innocents is a moral duty. Obedience to laws and orders is not.

The rule of law is, do whatever the political class tells you to do or risk violence. The rule of freedom is, initiating violence against unwilling and peaceful people is immoral. Some communities, such as Grafton, Keene and Yubia, are built around strict adherence to the NAP. As an anarchist, I believe society should put non-aggression at the centre of its philosophy.

The strongest police state in history: We are all terrorists now

December 20, 2011 5 comments

In case they are unaware of the laws some people are imposing on them, Americans should be furious about the latest legal grab at their last freedoms. A new law, cunningly woven into the annual defense appropriations bill and passed overwhelmingly, enables the US military to apprehend you anywhere in the world and detain you indefinitely. This law gives the strongest military the world has ever seen total power over you. You may want to reread that last sentence. It is true. The provisions target US citizens, giving every one of them the rights of a suspected terrorist with no recourse. As Guantanamo Bay prison has demonstrated, citizens of other countries had no rights to begin with. Therefore, due to its habit of picking up citizens of other countries, the US government can now wield its power over anyone in the world. That means you. They can detain you indefinitely without charge if they say you are a suspect. And no one will be punished if you are innocent (except you). No one will be held accountable, no matter what happens. This law is perhaps the most frightening in a long line of legal takeovers of your freedom.

Did I say this will be the strongest police state in history? Surely not, you say? Well, the totalitarian states have been strong, but they have rarely had the opportunity to catch people outside the state’s borders. And they did not have military bases all around the world. Remember, it is the trillion-dollar, million-man military that is now authorised to detain anyone anywhere for any length of time.

How did our liberties slip away? Anthony Gregory explains.

Ten years of the war on terror, decades of the war on drugs, and a century of growing government power in general, particularly in the presidency and various police authorities, have perhaps desensitized Americans to what is at stake here. As the proverbial frogs in the pot of water, we are accustomed to rising temperatures and so do not notice when our flesh begins to boil. Yet when the Senate overwhelmingly accepts the principle that the military should displace civilian courts even for citizens captured on American soil, it has adopted a standard of justice remarkably tyrannical even compared to America’s very rocky history.

A hundred years of encroaching control over our minds and bodies plus one spectacular terrorist attack and freedom somehow seems like a luxury to Americans who do not realise they are frogs.

Needless to say, these laws are unconstitutional, like so many other laws that a small minority of the people who swore to uphold the constitution tried to stop. The Bill of Rights, a wonderful idea in its time, lies in tatters. (See here for the history of the gutting of the constitution and limiting of Americans’ freedoms over the past decade.) Now that the government has such power and employs it every day, there is no reason to believe it will hold back. The tired, old canard that, if you just keep your head down and do not commit any crimes, you will be fine, is clearly untrue. Even if this bill had not passed, the US government (though of course not just the US one) can already spy on you from anywhere in the world by listening to your phone calls and reading your emails; has drones circling the skies in the US and all around the world, looking for anything anyone with any power at all deems “suspicious”; can lock you up and torture you in one of its many prisons (and not just ones you have heard of), as it already has with Bradley Manning and foreign journalists (Barack may be even worse than Bush with regard to torture); and can assassinate you without due process. Thus, as any informed libertarian already knew, these despicable practices have been going on for some time. The powerful are merely trying to make them easier.

Continuing the War on Terror will do that. The bill says that suspects will be held only until the end of hostilities. So, as Jon Stewart says, when terror surrenders, you’ll be free to go. For those who do not understand statist war, you must know that war is the health of the state, and the state exists to take your freedom. The more war, the more power the state has; the more power the state has, the less freedom you have. That is a consistent pattern in history. The War on Terror is not so much a war as a series of military operations designed to expand US government power everywhere it can, but the effect is the same. To stir up instability in Central Asia, secure supplies of natural resources and keep restive people down are its goals. This law will help win that war for the powerful.

War creates terrorists, as occupied people facing brutality from foreign powers have peaceful modes of resistance taken away from them. If terrorism is on the rise, blame the dictators and warmongers. (Oh, and when there is not enough terrorism and the hype dies down, the FBI will still arrest people for it.) Likewise, if crime is indeed rising in the US, it could be because of the fallout from the financial crash, which was of course the fault of the elites, and it could be because the criminalisation of and atrocious crackdown on drugs despite all logic incentivises the formation of gangs. Wars, whether on terrorism, drugs or the poor, create the conditions that politicians can use to justify accumulating ever more power. To think that the government exists to keep you safe is now obviously a myth.

But it is not just the Department of Defense that has been amassing power. The police and the courts have always been the tools of the elite, but are now conducting a war on liberty in the US. If you think I am exaggerating, please see my post on police here. Here is a preview. A man was recently sentenced to 75 years in jail for filming police. (Here is that link again.) The law, the police, the courts all tear society apart and destroy lives by criminalising victimless acts and subjecting innocent people to endless captivity. With its multiple layers of security apparatus, from the police to the FBI to the CIA to the DEA to Homeland Security to the military, not to mention the help of friendly governments around the world, the US federal government has enormous resources for violence at its disposal. It has already targeted, Greenpeace and PETA under the pretext of investigating terrorism; who will be next? (Find more incredible facts about how the US is becoming a giant prison here.)

The main reason the government wants all this power (inasmuch as power is not an end in itself for many of the people involved, and aside from the large amounts of money politicians make from prison and related lobbies) is that dissent against government and the elites is growing. (Find a more developed argument here.) The protests that have gone global since Tunisia’s Mohamed Bouazizi set himself on fire to protest corruption and repression have threatened the elites’ position and they are not happy. Most recently, we have seen unnecessary brutality against people demonstrating peacefully at Occupy sites around the world. The photos of tear gas sprayed casually into the faces of the young and old; the arrests of thousands of people for nothing. Democracy or dictatorship, state brutality is everywhere. The elites are sending a message: do not question authority or you will be punished. The only cure for this disease that I know of is to disobey their command. I would like to see more people to join in occupations until this unjust, parasitic institution crumbles to dust.

The lion’s share of the blame for this state of affairs goes to the psychopaths and fools (these are not insults; they are reality) who have been running the US for so long. The US federal government has trillions of dollars that it forced out of the pockets of millions of people. Think how many wars, how many full-body scanners, how many drones, soldiers, police, jails, surveillance systems, tons of tear gas and pepper spray it can buy with that money. And that means that the money it takes from people is used to oppress them. The government does not obey its own laws, so we should not, either. Laws are nothing more than institutionalised control over people, arbitrary interpretations of morality and handouts to lobby groups at the barrel of a gun.

But while most of the blame belongs with the state who forcibly takes everyone’s freedom away, Americans have let their government get away with it all. Ignorant people who do not understand government, war, terrorism and crime continue to believe the government looks out for their best interest. Most of them have not demanded change, content to amble slowly along some meaningless path with their heads down and their fingers in their ears. Others are so scared of crime, terrorism and illness that they gladly give the government as much power as it wants. Sure, we are subject to humiliation whenever we get on an airplane; sure, the US has the biggest prison population in the world; sure, the upper 1% owns a third of the nation’s wealth; and sure, my neighbours are losing their homes; but at least we live in the land of the free and the home of the brave. Not anymore, you don’t. The most dangerous thing is to believe we are free when we are not. It is impossible to escape from a jail we do not realise we are in.