Getting Libertarianism Right
by Hans-Hermann Hoppe
Interestingly, although the prescriptions and requirements of a natural order appear intuitively plausible and reasonably undemanding on its constituent parts, i.e., on us as individual actors, as a matter of fact, however, we inhabit a world that sharply deviates from such an order. To be sure, there are still traces of natural law and justice to be found in civil life and the handling of civil disputes, but natural law has become increasingly deformed, distorted, corrupted, swamped, and submerged by ever higher mountains of legislative laws, i.e., by rules and procedures at variance with natural law and justice.⏎ It is not too difficult to identify the root cause for this increasingly noticeable deviation of social reality from a natural order and to explain this transformation as the necessary consequence of one elementary as well as fundamental original error. This error -- the "original sin," if you will -- is the monopolization of the function of judgeship and adjudication. That is, the "original sin" is to appoint one person or agency (but no one else!) to act as final judge in all conflicts, including also conflicts involving itself.⏎ The institution of such a monopoly apparently fulfills the classic definition of a State as a monopolist of ultimate decision-making and of violence over some territory that it acquired neither through acts of original appropriation nor through a voluntary transfer from a previous owner. The State -- and no one else! -- is appointed and permitted to sit in judgment of its own actions and to violently enforce its own judgment.⏎ This involves in and of itself a twofold violation of natural law and justice. On the one hand, because the State thus prohibits everyone involved in a property dispute with itself from appealing for justice to any potential outside third-party judge; and mutatis mutandis, because the State excludes everyone else (except itself) from proffering his adjudication services in such conflicts.⏎ Moreover, from the original error predictable consequences follow. As a universal rule, each and every monopoly, shielded from competition, leads to higher prices and a lower quality of the product or service in question than would otherwise be the case. In the special case of a judicial monopoly and the particular service of adjudication, this means on the one hand that the quality of law and justice will fall and natural law will be successively replaced by monopolist-made legislation, i.e., perversions of law. Predictably, the monopolist will use his position as ultimate decision-maker not only to resolve conflict between contending property owners, but increasingly also to initiate or provoke conflicts with private property owners, in order to then decide such conflicts in his own favor, i.e., to expropriate the just property of others to his own advantage on the basis of his own made-up laws. And on the other hand, the price to be paid for justice will rise. In fact, the price of justice will not simply be a 'higher price' that justice seekers may or may not be willing to pay (as would be the case for any other monopoly), but a tax that justice seekers must pay whether they agree to it or not. That is, private property owners involved in property disputes with the State will not only be expropriated via legislation, but they must also pay the State for this 'service' of expropriating them, thus adding insult to injury.⏎ In effect, with the establishment of a judicial monopoly all private property becomes essentially fiat property, i.e., State-granted private property. Private property is only provisionally private and left under private control, i.e., only until some State-made law or regulation does not decree otherwise, thus creating an environment of permanent legal uncertainty and causing an increase in the social rate of time-preference.⏎ Let me term this process that is set in motion with the institution of a State: the progressive deviation from a natural order and system of justice and the increasing erosion of all private property rights and corresponding growth of the legislative and regulatory powers of the State, the process of de-civilization.⏎ While steady in its direction, the process of de-civilization begun with the establishment of a State may proceed at different speeds at different times or places, sometimes more slowly and sometimes at a faster pace. However, another, additional, error can be identified that will result in an acceleration of the process of de-civilization. This second error is the transformation of the State into a democratic State. This transformation does not involve any change in the status of the State as judicial monopolist. Yet it still involves a significant twofold change: entry into the State and the position of ultimate judge is opened for every (adult) inhabitant of a given territory and the function as final judge is exercised only temporarily, for some short fixed period by the winner of regularly recurring secret and anonymous one-man-one-vote elections.⏎ Predictably, this change will lead to a systematic acceleration of the process of de-civilization.⏎ On the one hand, as Helmut Schoeck above all has amply demonstrated, the feeling of envy is one of the most widespread and powerful of de-civilizing motivational forces. All major (high) religions have therefore condemned the desire for the property of one's neighbours as sinful. In a natural order or a system of natural law and justice, people too, some more and others less, are tempted to expropriate the property of others to their own advantage. But in a natural order, quite in accordance with religious prescriptions, such temptations are considered immoral and illegitimate and everyone is expected to suppress any such desires. With a State in place, some -- a few -- people are permitted to give in to such immoral desires for an indeterminate period and use legislation and taxation as means to satisfy their own desire for the property of others. Only with democracy, however, i.e., the free and unrestricted entry into the State, are all moral restraints and inhibitions against the taking of others' lawful property removed. Everyone is free to indulge in such temptations and propose and promote every conceivable measure of legislation and taxation to gain advantages at other people's expense. That is, whereas in a natural order everyone is expected to spend his time exclusively on production or consumption, under democratic conditions, increasingly more time is spent instead on politics, i.e., on the advocacy and promotion of activities that are neither productive nor consumptive, but exploitative and parasitic of and on the property of others. Indeed, even the opponents of such a development must waste their time increasingly on unproductive endeavors, i.e., on politics, if only to defend themselves and their property or take precautionary actions against such incursions. In fact, under democratic conditions, a new class of people emerges -- politicians -- whose profession it is to propose and promote law -- decrees and taxes designed to expropriate the property of some to the advantage of others (including and foremost themselves).⏎ Moreover, owing to regularly recurring elections, the politicization of society never comes to an end but is constantly reignited and continued. Legal uncertainty or lawlessness is thus heightened and social time preferences will rise still further, i.e., increasingly shortening the time horizon taken into consideration in one's action-plans. And in the process of political competition, i.e., in the competition for the position of ultimate decision-maker, such politicians and political parties will rise to the top who have the least moral scruples and the best skills as demagogues, i.e., of proposing and propagating the most popular assortment of immoral and unlawful demands from a near limitless supply of such demands on offer in public opinion.⏎ On the other hand -- as the other side of the same coin -- democracy will lead to increasing corruption. With open entry into the State, the resistance against State-rule is reduced and the size of the State will grow. The number of State employees and administrators will increase, and because their income and livelihood is dependent on the continuation of the State's power of legislation and taxation, they will, not necessarily, but in all likelihood, become reliable and loyal supporters of the State. In particular, the class of intellectuals, i.e., the producers of words (wordsmiths) in contrast to the producers of things (manufacturers), will be thus bought off and corrupted. Because there is only little and fickle market demand for words rather than things, intellectuals are always desperate for any help they can get to stay afloat, and the State, in permanent need of ideological support for its relentless onslaught against natural law and justice, is only too willing to offer such help and employ them as public educators in exchange for the appropriate propaganda.⏎ Yet it is not only State employees that are so corrupted. Tax-revenue and the State's range of control over other, non-monetary assets and holdings will far exceed what is necessary to employ and equip its workers. The State can also disperse income and assistance to various members of civil society. The loyalty of the poor and downtrodden can be assured through so-called social welfare programs, and the rich and the captains of banking and industry, and indirectly also their employees, can be corrupted through government privileges, contracts, and interest bearing governments bonds. And this same policy can be used also for the purpose of "dividing" the members of civil society, so as to more easily control an increasingly factionalized or "atomized" population. Divide et impera!🏁