| | Luke, thanks for the link. Sanction!
I agreed with most of the article, except toward the very end, where what appears to me to be some hand-waving to obscure faulty reasoning occurs. First of all he concludes that a limited government has the right and the duty to monitor any competing private defense agencies, and intercede if those agencies engage in coercion -- but does not concede that those competing private defense agencies also have the right to monitor the limited government for any aggressions against their subscribers. But, he is conceding that free market anarchism is in fact possible, with the "government" becoming a de facto private defense agency itself, albeit one that has chosen to take on the function (and expense!) of monitoring the actions of private defense agencies in their actions among themselves and their clients.
Second, he implicitly asserts that such a government has the right to interfere with a group of people who have all voluntarily agreed to abide by a principle of coercion. For example, a bunch of socialists might all voluntarily agree to, and sign explicit contracts binding them to, a socialist cooperative where a government council expropriates most of the income of the group members via taxation, and redistributes the proceeds to members of the group they find worthy. They might agree to other, greater, coercions, voluntarily and explicitly agreed to. Under free market anarchism, this would be allowed, so long as these actions were confined to members of this voluntary group, and not to outsiders, and so long as members of this voluntary group were free to leave this society and repudiate its principles at will.
But, the government envisioned in the article would assert that this voluntary organization could not be allowed to exist, and assert the right break it up, thus initiating force against a group of people who were operating under an explicit social contract that violated no right of those not consenting to that contract. This is the premise of the "monopoly of law" in the following:
"The only monopoly he is interested in protecting is the monopoly of law: one law for everyone, no matter which police and courts he deals with, everywhere within the government's jurisdiction. Minarchists have been stressing that since John Hospers, who stated as far back as 1971:
I agree that most police forces aren't very efficient now, and that there's nothing like competition to put and keep hired service groups on their toes. But the point on which I insist is that there has to be a rule of law -- one law for the entire land -- and not a decentralized system of defense agencies, each with its own law. (6)"
In other words, he is arguing for coercion and the initiation of force.
Further, he is confusing adherence to a principle with adherence to a code of law. These are not the same thing. The principle of the non-initiation of force (NIOF) is something that a libertarian anarchist private defense agency would insist on having apply to all its customers, including interactions with them by non-customers. However, the details of how that principle might be codified into law would almost certainly differ among such competing private defense agencies, with differences of opinion about how to apply that principle for abortion, pollution, etc. differing from code of law to code of law.
And yet, so long as those differences were applied only among subscribers to a given private defense agency, no initiation of force would apply. The author of the article cited, however, would claim that the "government" could come to its own conclusions about what non-initiation of force means, codify it into laws which it asserts, correctly or not, adheres to those principles, and then use force to apply that asserted monopoly of law among interactions of people who have declined to subscribe to that government's rule, and may have in fact explictly denounced that government's interpretation of the NIOF principle and its codification into law. That would be an initiation of force by the government.
The article goes on to engage in some more reasoning I consider faulty:
"However, if it is true that this picture of minarchy is fully compatible with the anarcho-libertarian's ideal,"
as I have noted above, this is not the case
"then a new possibility emerges. For that means, as Moshe Kroy put it in a 1977 article, that Childs's argument
proves something totally different from what Childs intends it to prove. It proves that once you achieve a truly limited government ... anarcho-capitalism would emerge naturally. Thus, you don't have to try to achieve anarcho-capitalism. If you achieve, politically, a truly limited government, the market forces will do all the rest. (7)"
Well, no. As I have illustrated above, what may actually happen is what happened in the U.S. under the Articles of Confederation -- the originally limited government went on to overthrow the Articles, institute the greater statism of the Constitution, and then, over time, reinterpret the Constitution to mean things that contradict the plain text or mean the exact opposite. That is, by asserting a monopoly of law (rather than a monopoly of principle), and asserting an aggressive right to interfere in the peaceful contractual arrangements of people not its subscribers, the government could devolve into tyranny and use an initiation of force to suppress its legitimate competitors.
If political force is used to achieve a limited goverment, that government may continue using political initiation of force to end market competition from its competitors. Anarcho-capitalism does not necessarily follow, and is in fact unlikely to follow unless the limited government is overthrown once it starts trying to expand and intrude.
"Add to that the fact that anarcho-capitalism would never emerge, by peaceful operation of market forces, under any other type of government -- since any such would not be concerned with avoiding all aggression"
Again, not a true statement. There are several ways anarcho-capitalism could emerge, most of them bitterly opposed by any government, limited or otherwise, since those who claim a monopoly using force are likely to be reluctant to give up that monopoly peacefully. A revolution is one possibility, a gradual whittling away of a government's powers until it becomes a minarchy and then anarchistic is another possibility, a secession of a portion of the territory of an existing government is yet another.
leading to this unjustified assertion:
"-- and Kroy's conclusion is inescapable:
Thus, the only politically legitimate purpose for an anarcho-capitalist, the only purpose he can try to achieve by political action, is a limited government. (7)"
Well, no. An anarchist's goal would be a free market of competing firms operating under the NIOF principle, with a minarchy being closer to that than the current far from limited governments ruling virtually the entire globe.
In other words, a government claiming to be limited, and claiming a monopoly of law (rather than a monopoly of the NIOF principle for its own subscribers) over a geographic area, and claiming the right to apply that law to interactions among people who have explicitly withdrawn their consent to being ruled by that allegedly limited government and who have made other contractual arrangements to protect their rights, or who have decided to directly protect their own rights without resorting to a private defense agency -- such an allegedly "limited" government is almost certain to engage in initiation of force.
Such a "limited" government, rather than naturally leading to anarchism via market forces, would be likely to try to use political and military force to overthrow its competitors.
(Edited by Jim Henshaw on 3/12, 1:26pm)
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