Nuances of a Free Society and How to Achieve One

G. Stolyarov II
 
Issue CCXCI - July 4, 2011
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Responding to "The Liberal Manifesto" by Kyrel Zantonavitch gives me an opportunity to explore some interesting and complex questions with regard to how a free society would work and how it might be achieved. There is both much I agree with and much that I would like to challenge and clarify in Mr. Zantonavitch's article. I hope in doing this to break new intellectual ground in the study of individual liberty, one of the most vital and life-enhancing concepts of all.

Liberty and Competing Ideals

Mr. Zantonavitch writes: "Individual liberty is absolutely everything. Nothing else in government and the law is important or even relevant to society, culture, and civilization. No other value, concept, idea, or ideal even exists!"

I would agree that individual liberty is the central goal of a just political order. For a government, no other goal should take precedence over respecting and protecting the rights of the individual. At the same time, other political theories do exist. They are mistaken, in my view, but their proponents do consider themselves to have an alternative framework of values and goals. Examples of such "competing" values include equality, community, societal homogeneity (either in composition or in adherence to a certain set of behavioral norms), the advancement of a particular concrete religion or ideology, and the enrichment and glorification of a particular ruler or oligarchy. It is the job of the advocate of freedom to continually show why these goals for a political society are inferior to the goal of individual liberty
and why suboptimal and sometimes devastating consequences, from poverty to persecution to mass murder, ensue when a government sacrifices individual liberty to achieve any of these goals.

Still, even though it is not the only ideal out there, much can be said in favor of individual liberty. It is the most consistently universalizable political ideal, since it is possible for all individuals to have liberty. Any of the other political goals must of necessity be more parochial, advancing the interests of one group of people at the expense of others. Individual liberty is the only political ideal that has the potential to continually improve the lives of all people, as long as they do not initiate aggression or fraud against others.

Mr. Zantonavitch writes: "Individual liberty is probably best defined as the right to think, say, and do anything, but absolutely anything, which the individual personally wishes, or freely chooses to do, provided he respects the equal and concomitant right of his fellow man to think, say, and do anything, but absolutely anything, which his neighbor identically wishes or chooses. It's understood that none of these rights clash, conflict, compete, or contradict; rather, all of them supplement, complement, coincide, and reinforce."

I generally agree with this characterization. I would clarify, though, that liberty of this sort is consistent with economic competition among individuals, as well as sincere disagreements about facts and values in some cases since no individual has complete knowledge of the world and all people are capable of error. Individual liberty therefore allows for commercial rivalry and ideological disagreement (including intense disagreement), as long as violent force and fraud are not used by any party. This enables all contests among individuals to be resolved in a civilized fashion, or, if they are not resolved – as, for instance, with a lingering interpersonal feud – to have their consequences be contained so as to enable the individuals involved to continue leading peaceful lives.

In the long run, even though the participating individuals may not feel like the activity of their economic competitors or ideological opponents complements their own interests, Mr. Zantonavitch is right to suggest that this complementarity exists in a larger sense. Peaceful competition and disagreement constitute the free market of goods and ideas, which enables both products and ideas to continually improve to the benefit of all in a free society.

Mr. Zantonavitch writes: "And please note: humans don't have to be 'angels' as America's constitutional framers pitifully longed for. Neither the citizens nor the government leaders. The whole society can consist of, and be run by, Hitlers, Stalins, and Khomeinis. And you can still create Paradise on Earth.

"All you ever need is infinite freedom for the individual. Once you have 100% personal liberty, and 100% self-responsibility, this will free and force the fascists, communists, and Muslims to completely behave personally, and entirely get along socially."

I can respond to this idea in various ways.

(1) It is indeed true that a free society does not and should not require its members to adhere to any particular set of ideas, including ideas favorable to liberty. It is possible for a free society to consist of a large population of individuals who are hostile to freedom. As long as they express their ideas peacefully, without resorting to actually limiting the individual rights of others, their presence can even be beneficial in a free society (since they will also build and trade things and can enable advocates of liberty to refine their views through peaceful argumentation).

(2) At the same time, a free society requires somebody who respects liberty and is willing to enforce it. Institutions are ultimately comprised of people and do not run themselves. This is the "eternal vigilance" that Jefferson noted as being required for the maintenance of liberty. Even all of the right principles and laws can quickly be reduced to a dead letter unless an active contingent of friends of liberty continues to give them life by explaining them, refining them, and creating works of culture to promote them. This can all be 100% peaceful and outside the activities of the government itself. Such an effort also does not require anyone to agree with these ideas, or even to engage them – though enough people will find them appealing if they are actively promoted. Government officials also need to understand that they are bound by the protections for individual liberty, even if they personally disagree with those protections. This is where the rule of law is essential to the preservation of a free society (assuming, of course, that the laws are just).

(3) Of course, the "fascists, communists, Muslims," and everybody else in a free society will be able to lead their lives as they see fit, and to promote any ideas they see fit, as long as they do not initiate force on others and limit the corresponding rights of others. One can hope that some illiberal individuals would be influenced by the dynamic of a free society to reconsider their views and evolve intellectually toward a better set of values. Indeed, over time, I expect a free society to have exactly this effect.

Scope of Legitimate Government Activity

Mr. Zantonavitch writes: "For the individual this means no (physical) force or (financial) fraud. For the government this means no personal, social, or economic taxation -- which would be theft -- or personal, social, or economic regulation -- which would be coercion. All social activity must be based entirely upon persuasion, and none at upon coercion."

I would agree with the general prohibition against (initiation of) force or fraud by any individual and this includes individuals in government. A fully free society would indeed be able to fund its government without any coercion involved – hence, without taxation as it presently exists. In the transition to a free society, though, it may be necessary to phase out taxation gradually, or to change its form (for instance, replacing an income tax with an equivalent sales tax that eliminates many hours of burdensome paperwork for individuals), in order to enable a logical sequence of free-market reforms, including the repayment and further non-issuance of government debt, to be carried out. From today's vantage point, it is important for advocates of liberty to avoid further tax increases while continually seeking ways for governments to fund themselves in ways that do not involve compulsion. Once a government's reliance on taxation enters a downward trajectory, we can hope to, in time, wean that government off of dependence on compulsory revenue sources altogether.

With regard to regulation, it is important to clarify which kinds of regulations constitute coercion, and which kinds constitute protection of the individual from coercion. For instance, if a regulation were to say, "A government agency shall follow such and such procedures to protect individuals against financial fraud," this would be a harmless and possibly a beneficial regulation, even if it directly addresses economic matters. More generally, if all a regulation does is enforce the "rules of the game" in a free society – private property rights, contractual honesty, freedom of association, free mobility of capital and labor, and protection against violence by private parties – then it is compatible with liberty. Indeed, even a minimal government would need to have some sort of administrative/regulatory apparatus to ensure that its efforts to protect against force and fraud have a real-world presence. Otherwise, even in a nominally free society, private parties (possibly including gangs, community associations, and certain religious groups) that do not respect liberty will begin enforcing their illiberal notions of how other people should behave.

The kinds of regulations that are incompatible with liberty are those that restrict individual choice through prohibitions and mandates pertaining to peaceful, non-coercive activity. Other regulations hostile to liberty include those that facilitate redistribution of wealth away from those who legitimately earned it, and those that artificially prop up economic entities that should have failed if the free market had its way (the recent bailouts of large financial institutions in the United States are a case in point). Much of what passes for U.S. federal regulation today is unfortunately of this sort: a morass of prescriptions, restrictions, and prohibitions on everything from what kind of appliances may be designed to how individuals are scrutinized at airports. It is clear that advocates of freedom have their work cut out for them in limiting all governments to only practicing the kind of regulation that protects individuals without infringing on any peaceful activity.

Transition to a Free Society

Mr. Zantonavitch writes: "To get around the problem of taxation, and how to legitimately fund the freedomist government which no one has yet solved (except me) all individuals over 18 or so, in a proper, legitimate, liberated, and free society, must personally sign the liberal constitution, and agree to abide by it, and pay some tiny income 'tax' or net-worth fee. Anyone who refuses to sign, or doesn't pay his fee for liberty-defense services rendered, gets deported and loses his citizenship. But there are no other penalties, including fines, property confiscation, or jail time."

While this system would have the advantage of lacking many of the punitive measures imposed by national governments today, it still could conflict with individual rights if a person has property in land or buildings within the borders of the country but refuses to sign the constitution. Deporting this person would, by definition, deprive him of the use of the property which he cannot simply relocate – and forcing him to sell that property would also be a restriction of his rights. A possible improvement to this system would be to allow individuals who refuse to sign the constitution to secede, with their land and property, from the country. By doing so, they would, of course, forfeit any right to protection or judicial services from the government whose constitution they refuse to recognize. They would, in effect, become micronations, likely surrounded by the territory of the original country, but still having the right to move within its borders as long as they remain peaceful and respect the rights of all property owners.

I will, furthermore, point out that other ways to solving the problem of taxation have been proposed, particularly with reference to how to transition from the status quo to a more desirable system.

One way is the Fiscal Restriction Amendment I described in "A Plan for Cutting Big Government" a way to limit the growth of U.S. federal power and spending right away while setting in motion incentives for the scope of the U.S. federal government to shrink over time through the activities of the politicians themselves! The Fiscal Restriction Amendment would set in motion a chain of events whose end result would be the elimination of all taxation – as the federal government would be able to run a surplus for many years and to earn interest off of that net revenue, without engaging in any more coercive extraction of funds from the population.

Another way is the system of investmentocracy that I proposed in 2009, as outlined in my paper, "Investmentocracy: A Challenge to Conventional Democratic Principles and a Framework for a New Free Society". Under investmentocracy, nobody is forced to fund the government, but individuals who wish to have influence in the electoral process will only get such influence in proportion to their contributions, with the exception of one default vote that everyone has. In order to work, this system would need to be accompanied by a constitution that is considerably refined from the present U.S. Constitution or any other constitution in the world. My Freecharter is an attempt to furnish such a constitution, though it probably could not be adopted right away in the United States as it is today, since a sizable portion of the wealth in the United States in the status quo has been gained through political pull (e.g., bailouts, subsidies, tariffs, and other economic barriers to entry favoring certain politically connected businesses). A transitional period of free-market conditions would be needed to enable the wealth to once again flow to people of merit by means of uninhibited, consensual economic production and exchange.

Within any transition to a free society, governments would have an important role in undoing the damage done by previous illiberal (e.g., mercantilist, socialist, fascist, communitarian, or egalitarian) policies. On the most basic level, this would include compensating victims of theft and impoverishment by previous administrations. Furthermore, if prior policies had the effect of propping up organizations that should have failed on the free market, proper transitional policy would be to break up those organizations or allow them to fail of their own accord, whichever is more effective. In "Wrongful Foreclosures and the Free Market" I argue that the bailed-out large banks, which have ceased to be genuine market entities and have also rampantly foreclosed on homeowners who did not in any way default on their contractual obligations, should be broken up in order to protect individual rights – since these banks would have failed on their own if they had not been bailed out in 2008 and afterward.

A vital principle to keep in mind during a transition to a free society is that the sequence of steps is just as crucial as the end goal, if one is to have liberty in the real world. Indeed, if the effect of certain government policies (e.g., corporate welfare, granting of legal monopolies, interference in retirement funding and healthcare) has been highly damaging, then it is also likely that they will inflict some of their damage when one attempts to remove them. Think of a bomb which will blow up unless it is disarmed in a very specific way by cutting the wires in a specific order. Even if you cut the right wires, but in the wrong order, it will blow up on you. Or think of a doctor trying to perform surgery on a patient. It is not enough to want the health of the patient and to have a detailed picture of what is wrong with illness and how a healthy organism functions. The doctor needs to know the sequence of medical procedures that will get the patient to a condition of health often involving some unpleasant steps in between and sometimes a long time of painful recovery for the patient. But the question for the doctor is how to achieve the health of a sick patient, while minimizing that patient's suffering in the process.

Sheldon Richman, a great libertarian thinker at the Foundation for Economic Education, distinguishes between primary government interventions and secondary government interventions. The primary interventions are the ones that directly do the most damage. For instance, most national governments in the West engage in so-called corporate welfare, where they directly favor certain large, politically connected firms by means of subsidies, tariffs, and regulations that are harder for smaller competitors to comply with. This artificially raises barriers to entry into those companies' field of business and thus makes it much easier for those companies to dominate the market, charge higher prices, decrease the quality of service, and abuse their customers. Corporate welfare also makes it harder for otherwise qualified people to find paying work, since fewer businesses exist to hire them and fewer open job positions are available. The secondary interventions are the attempts of well-meaning but often economically ignorant people to mitigate the damage. Examples are unemployment aid as a way of alleviating the damage of corporate welfare and minimum-wage laws, or price controls on utilities (water, gas, electric, and telephone/Internet companies) to alleviate the damage caused by their legal monopolies over particular areas. In a fully free society, these secondary interventions would be completely unnecessary and undesirable, since markets would readily provide ways for individuals to achieve gainful employment or purchase any good or service at a reasonable price. However, in
transitioning toward a free society, it would be disastrous for a reformer to eliminate the secondary interventions without also touching the primary interventions whose effects the secondary interventions try to mitigate. Corporate welfare and coercive utilities monopolies need to end first – and then unemployment aid and price controls on utilities can be removed.

Mr. Zantonavitch writes: "It should be noted that individual freedom absolutely supersedes the values and ideals of democracy, republicanism, constitutionalism, and the separation of powers with their concomitant checks and balances. All of these are merely methods for gaining and maintaining liberty. But they aren't individual liberty themselves, nor are they valuable in and of themselves. These political techniques for governance are virtually useless and trivial next to the pure socio-economic disideratum of freedom.

"Even a society governed by exceptionally foreign space aliens, who call themselves kings or emperors, and who are elitist aristocrats which pass on their rule via primogeniture, and who never hold elections, or consult the peoples' delegates in their rule, and who have no constitution, and which combine all executive, legislative, and judicial powers into one branch of government, etc. can still create political perfection and socio-economic utopia if they have utterly untrammeled, unlimited, unchecked, fully guaranteed individual rights."

With regard to this passage, I both strongly agree and strongly disagree in certain respects. I strongly agree that the fact of liberty is far more important than the specific political structure that maintains it. Indeed, the enlightened space aliens who guarantee individual rights would be far preferable to me than a constitutional system that was designed to protect individual rights but has, as the U.S. system, failed miserably at maintaining such protections in the long run. It is also quite possible, in my view, for many political structures to be capable of preserving individual liberty. Which political structure will work best may not be a universal law, but may well be contingent upon the specific society in which one desires to have liberty and economic, cultural, and technological factors would certainly make some political structures more viable and more effective in protecting liberty than others.

At the same time, I disagree that questions of the manner of governance are "useless and trivial". Indeed, even though these questions are subordinate and instrumental to the political goal of liberty, they are, in practical terms, some of the most important questions one can ask.

A great parallel with health can again be made. Mr. Zantonavitch has described the ideal of liberty commendably, and I can imagine a similar description of the ideal of physical health, focusing on the smooth functioning of all bodily processes, abundant energy, capacity for prolonged physical effort, strength, flexibility, freedom from chronic or mysterious acute pain, and the ability to maintain these attributes into the foreseeable future. But describing this ideal of health alone does not even begin to describe the work and thinking needed to achieve and maintain it. The question of healthy lifestyles is just as critical if actual human beings are to have health in this world. Just as multiple valid structures of governance are possible, so are multiple healthy lifestyles conceivable (though, of course, there are many more possible flawed structures of governance and unhealthy lifestyles). Likewise, the subject of disease, injury, and death is vital to study in order to understand as fully as possible what can undermine human health and how to avoid coming into contact with these perils. The parallel in politics is the study of all the failed systems and ideologies, and how they might be avoided. Finally, the subject of curing sick patients is literally vital. Without knowledge of how to take a diseased patient and make him healthy again, health remains an abstract ideal only, without actually being embodied in the lives of those who should be but are not healthy. In politics, the parallel to this question is the issue of how to transition to a free society from what we have now.

This is why, in my view, the subordinate, practical questions of politics are also the most interesting. In is certainly not the case, as Mr. Zantonavitch suggests, that "now politics is a problem solved. There's nothing more to discuss ever." The nature of liberty has largely been explicated already by some of the finest thinkers of all time, from John Locke, Voltaire, and Thomas Jefferson to Ayn Rand and Ludwig von Mises. But the study of how to actually achieve liberty, given what we have today, has been sparse to say the least. I think that many advocates of liberty shirk away from examining these more concrete, practical questions because doing so introduces much more complexity, uncertainty, and ambiguity than just exploring the ideal of liberty itself. But the discomfort involved in considering these challenging issues may be part of the medicine we need to personally take in order to eventually live in a healthy, free society.

I do not claim to have all the answers, or even most of them, with regard to how to achieve a transition to freedom. In fact, one virtue of discussions such as this one is to arrive at more of the answers, or at least to get a better idea of where to look for them.

As a general observation, we are currently limited in our understanding of how to achieve and maintain a politically free society in a similar way to our limitations in understanding how to achieve and maintain health and continued life for any individual. We have some imperfect, temporary workarounds in both fields, which enable us to (sometimes) temporarily prolong the life of a patient or the relative freedom in a society. But, thus far in human history, all such workarounds have shown to be insufficient in reliably, sustainably preserving the values we hold foremost. This needs to change; these limitations must be overcome. To achieve this, however, will take continued determined thinking, at hitherto uncommon levels of sophistication, by the friends of life and liberty.


Achieving a healthy, free society may be even more difficult than arriving at reliable health for individuals, since a doctor treating an individual is in a position of considerable (though by no means complete) control over his treatments and their outcomes. Each of us, on the other hand, cannot step into the role of a reformer with a reliable ability to even get his reforms enacted. For most individuals, the best they can hope for is an extremely indirect influence on the political process, removed from the actual locus of decision-making by several steps. Even when such indirect influence is possible (and it is not always), an idea can become dramatically transformed in ways unintended by its originator by the time it actually gets to a person who is in a position to implement it. In this way, even completely valid theories can have terrible consequences if they are misunderstood and misapplied by others.

I hope that I have been able to demonstrate that much intense, thorough thinking is required if we are to personally enjoy a free society within our lifetimes. I welcome and questions, suggestions, and extrapolations from readers with regard to what I have written here.
 

G. Stolyarov II is an actuary, science fiction novelist, independent philosophical essayist, poet, amateur mathematician, composer, contributor to Enter Stage Right, Le Quebecois Libre, Rebirth of Reason, and the Ludwig von Mises Institute, Senior Writer for The Liberal Institute, and Editor-in-Chief of The Rational Argumentator, a magazine championing the principles of reason, rights, and progress. Mr. Stolyarov also publishes his articles on Associated Content to assist the spread of rational ideas. He holds the highest Clout Level (10) possible on Associated Content and is one of Associated Content's Page View Millionaires. Mr. Stolyarov also holds the designations of Associate in Reinsurance (ARe) and Associate in Insurance Services (AIS). Mr. Stolyarov has written a science fiction novel, Eden against the Colossus, a non-fiction treatise, A Rational Cosmology, and a play, Implied Consent. You can watch his YouTube Videos. Mr. Stolyarov can be contacted at gennadystolyarovii@yahoo.com.


This essay is Mr. Stolyarov's response to "The Liberal Manifesto" by Kyrel Zantonavitch.

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Learn about Mr. Stolyarov's novel, Eden against the Colossus, here.

Read Mr. Stolyarov's comprehensive treatise, A Rational Cosmology, explicating such terms as the universe, matter, space, time, sound, light, life, consciousness, and volition, here.

Read Mr. Stolyarov's four-act play, Implied Consent, a futuristic intellectual drama on the sanctity of human life, here.