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The rescue project #23
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Interesting. I do think it is a bit too long, but this depends on your
goal. If this is to be a scholarly article to be read by intellectual
libertarian types, it is a great length. If you want more lay people to
read it, it does need to be shorter by at least half. perhaps you make it
the perfect scholarly article and make it available, then create a short,
entertaining, humorous "executive summary" that regular folks would take
the time to read and enjoy? This takes more time and work on your part. :(
Like many people, I like short & sweet articles that get the point
across quickly. White papers are tedious and boring for me, even though I
very much appreciate their long-term value. I think this article would be
great for the masses if it was kept under 600 words. At the same time,
your work on the Voluntaryist over the years is not "light-hearted, fun,
and attention-grabbing." It is the kind of stuff that specialists with
neckbeards & high IQs enjoy reading between doing their engineering
projects. these people are the intellectual movers and shakers of the
movement that lay the solid foundation for the popular folks to rework and
make entertaining. Larken Rose, Jeffery Tucker etc are the types that I
think are the "front men" in our efforts. They bridge the gap between
scholarly intellectuals and the masses getting the info. The car salesman
very much appreciates white papers on internal combustion engines, but he
condenses it all to be sellable to the masses, "This car is crazy-fast!"
So, yes, this article IS worthwhile, and I remind you to know thyself.
Perhaps your scholarly article ought not be "watered down' and make "fun"
as I suggest? Perhaps it ought to be long, straight, true and deep? My
"brand" in the movement is as an unseen marketer, behind the scenes
connector and propagandist. Your brand is way more important and moral,
and again, know thyself.
*Some of my brain droppings*:
Craig's preferences are just that; *preferences*. I might prefer and find
most "just" and "dignified" a world where all women were forced to serve by
sexual needs and have their hair dyed purple, to me this might be "best."
Whether it is just me that thinks this or 99.9999% of folks, these are
simply preferences. Preferences are different than Morals.
Craigs preferences are subjective, and I think this deserves mention.
I would repeat and criticize Craig's "dignity" choice of words as being
subjective. The same with grave "injustice." Really, what is just? Is
the preference of the 99.999% what determines "justice?"
Just as the hotel maid contributes to society, so does a billionaire's
purchase of cufflinks (I Pencil) and so I see that both the maid and the
billionaire have done good and are now even. The billionaire does not
"owe" money he has in plenty, but chooses not to give. The maid does not
owe the billionaire access to her BBQ next Saturday.
Who is this "our" in Craig's term "Our rescue project?" If only YOU and
your college roommate are in agreement with this project, is it any more or
less worthy of initiating violence than if 7 billion other folks join you
in being "Our" rescue team? Rescue projects are moral only when they are
done voluntarily, do not initiate violence etc... I should not use violence
to rescue someone from Christianity, promiscuity, poverty, bad hair color
choices etc...
It seems that you are arguing morals and Craig is arguing pragmatism absent
moral aspects. In other words, you are saying, "Don't run over people with
your truck." Craig is responding, "Goodyear All season radials do the
least amount of damage to human skulls and they get me where I want to
go." not apples to apples.
I hope this helps, and again, thanks for all you do for good and for a
moral understanding! :)
*Shepard Humphries **| **www.ShootInJH.com* <http://www.shootinjh.com/>
*Jackson Hole Shooting Experience | **Proudly the international leader in
luxury entertainment shooting.*
…On Sun, Dec 10, 2017 at 10:54 AM, ints627 ***@***.***> wrote:
Here is a preliminary draft of an article based on correspondence with a
professor at Ithaca College. I would like feedback: is the article
interesting, worthy of publication, to long, etc? Please send me comments.
Thanks, Carl
Here is the article:
The Rescue Project: “We Coerce You in the Name of Preventing Injustice to Others”
By Carl Watner with Excerpts from Craig Duncan
Craig Duncan is an assistant professor of philosophy at Ithaca College
(New York). He and Tibor Machan authored a book titled LIBERTARIANISM
(2005): Tibor arguing for, and Craig against. I first became acquainted
with the book in late September 2017, after Gerard Casey called my
attention to Craig's argument that “As the law stands, you do not have
legal title to all the pre-tax money that
others pay to you in the form of wages, salaries, sales, etc. You only
have legal title to your after-tax earnings.” (p. 46) I emailed Craig
pointing out that I did not think his statement was accurate. Here is what
I wrote:
What is the basis for your statements? Is it to be found in the US Tax
Code? Do
you think that the Internal Revenue Service would agree with your
statement?
At most, I think you could say that the federal government has a potential
lien on
ALL of your property until you have paid the amount that the Internal
Revenue
Service decides you owe for any given year.
The title – at the time you earn your wages, salary, or engage in exchange
of
property - is yours, solely; and the federal government has to follow due
process procedures in order to file a lien against your property.
Here is how Craig responded on September 28, 2017:
Dear Mr. Watner,
First of all, thank you for reading my and Tibor Machan's book.
I don't have my book to hand at the present moment and so I cannot check
the
page you cite, but I believe at that point I was arguing that taxation is
not
"legal theft." I don't believe that this point should be controversial. The
real question is whether taxation is "moral theft" -- that is, whether
taxation
violates a moral right you have to keep every penny of your pre-tax
earnings.
That question takes more work to answer.
My point in the passages you cite is just this: if I owe $D in taxation to
the
IRS, then the IRS is legally entitled to those $D. If they are legally
entitled
to those $D, then I am not legally entitled to those $D. If I refuse to
pay the
IRS the $D, then I am breaking the law. And if the IRS confiscates $D from
me,
then they are not guilty of the legal crime of stealing when they do so.
(They
still behaved morally wrongly IF they violated a moral right of mine to
keep all
my earnings, including the $D. Whether there is such a moral right is a
separate question, as I stated in the previous paragraph.)
So when I said (in the passage you quote) that you do not have legal title
to
all your pre-tax earnings I simply meant that you are not legally entitled
to
all your pre-tax earnings.
The IRS uses tax levies and tax liens to collect money that it is legally
owed.
Perhaps you are making the point that you have legal title to the $D until
the
levy or lien is executed? Perhaps so, but if so, that is more of a lawyerly
game of "gotcha" than a charitable interpretation of what I wrote. Perhaps
a tax
lawyer would inform me that "not legally entitled" and "no legal title"
are not
equivalent in meaning (i.e., perhaps "legal title" has a special lawyerly
definition I am unaware of). If so, then I should simply have said "you
are not
legally entitled to all your pre-tax earnings." I am 100% confident that
there
is some interpretation of this claim that tax lawyers would agree is true.
The genuinely interesting question is about moral rights to property.
Sincerely,
Craig
Craig's point is that taxation is not theft because there is a government
law that entitles the IRS to part of your property. It does not matter
whether you agree with the law or not. The government's authority to
legislate takes precedence over your wishes. Nevertheless, Craig also
recognizes that there is a question as to the legitimacy and morality of
such a law. When I asked him in subsequent emails to justify his position
he asserted that citizens living in modern industrial societies, such as
the United States, in justice do not deserve all they earn because they
“partake of technological know-how and physical infrastructure (roads,
transportation systems, buildings, etc.) that they did not create … .” (p
4,10/19) This led to a wide-ranging exchange in which I questioned Craig
about the justice of taxation, and even of government, itself. In the email
excerpts that follow he elaborated on his argument.
[M]uch of the benefits that a given individual enjoys in ... a thriving
social order is only in part due to his/her inputs (i.e. work, innovations,
risk-taking, etc.) A portion of the benefits that an individual enjoys are
a windfall due to the good fortune of being born into a functioning social
order. All those individuals who contribute to the maintenance of the
social order (contributing to the economy, obeying the laws, giving care
within a family, showing mutual respect to fellow citizens, etc.) deserve
to share in the good fortune that their fellow contributors are enjoying,
at least to the extent of having secure access to a life of dignity (secure
access to the opportunity to meet their basic needs and enjoy a reasonable
level of control over the shape of the lives).
What the best means are for ensuring that contributors have access to a
life of dignity is a social scientific matter. The track record of public
and robust social safety nets is better than societies with threadbare nets
or wholly private nets (i.e. only charity). It is not hard to see why. In
any society, there are a number of menial jobs that must be done, and those
jobs will pay poorly. (Since so many people can do them, any particular
employee is highly replaceable, thus giving employees very little
bargaining power with which to demand good wages.) Those people will have
lives blighted by economic insecurity, health insecurity, etc., absent a
safety net. But people who (say) drive delivery vans, empty bedpans, clean
hotel rooms, stock shelves, etc., are playing a necessary part in the
social order which benefits you and me. Such workers do not deserve to live
blighted lives. Justice (which I regard as tracking desert) requires that
the good fortune that comes with being part of social order be shared with
other contributors. (6, 10/19)
According to Craig a “just system of [government] property laws will”
strive to balance “respect for autonomy” of the person with “an ideal of
reciprocity.” Government legislation will attempt to balance autonomy and
control over one's external goods with sharing that property with others
who contribute to your prosperity, but who have a lower standard of living
than you. “It was the argument of [a] previous email that a laissez-faire
economy with no tax-funded social safety net would leave many workers who
contribute to your prosperity without secure access to a life of dignity.
And that violates reciprocity. Thus it is compatible with justice for the
law to define property rights so that you legally owe, as taxes, a portion
of goods that you come to possess via economic exchanges.] (8-9, 10/23)
Such was Craig's basic justification for taxation. When I asked him if he
endorsed the use of coercion, and its threat, to collect taxes, Craig
responded that “how” the money was spent (i.e., its use to support the
social safety net) justified using government force, if necessary. He
argued that the compulsion inherent in the collection of taxes was coercion
done in the name of preventing injustice. (11, 10/29) “Such coercion is
done not with the main aim of improving those people who are coerced (in
this case, those who are taxed), i.e. NOT done in order to say “You
well-off earners should be more generous, so we are going to coerce you
into being more generous!” It’s done to prevent injustice to someone at the
bottom, e.g., to prevent a low-wage worker from having his/her life
blighted by financial and/or medical insecurity.” (11.10/29) Furthermore,
“absolute moral property rights - moral rights to property so strong that
all forms of taxation are regarded as illegitimate - predictably lead to
many forms of injustice, namely, the injustices that arise in [an]
anarcho-capitalist [system], such as (among other things) a lack of basic
security for those at the bottom of society. So, justice doesn’t endorse
absolute moral property rights. Not all taxation is thus an injustice, the
moral equivalent of theft. Some forms of taxation promote justice rather
than violate it.” (12, 10/29)
In his argument against libertarianism, Craig observed that government
does not require the consent of all the people living under its
jurisdiction. (56 of LIB, p. 12 of my notes) Craig argued that:
If the actual consent of every single person were required for any
government to be legitimate, then no government will be legitimate. That is
an impossible standard to adopt in practice. Anarcho-capitalists gleefully
agree, and draw the conclusion that no government is legitimate. But their
view of the consequences of ancap is implausibly utopian. A more realistic
assessment of life under ancap acknowledges that a great deal of misery,
grave insecurity, and unfairness would abound. It is implausible to me to
think that justice requires us to tolerate such bad consequences. So it is
implausible that justice requires the actual consent of every single person
for government to be legitimate.
The most that can truthfully be said is that a government is legitimate
only if it deserves the consent of all those who live under it. When does a
government deserve its citizens’ consent? When it shows adequate respect
for citizens’ autonomy and when its laws respect citizens’ just deserts.
The latter element requires a social safety net, for a society that lacks a
social safety has forfeited any claim to deserve the consent of citizens at
the bottom of society. [Those at the bottom of society say,] “The social
institutions that we live under do not deserve our consent. We contribute
to society – we drive its delivery vans, stock its shelves, empty its
bedpans, clean its hotel rooms, pick its fruit, etc. – but we lead lives
blighted by financial and medical insecurity. We are thus not living on a
footing of reciprocity with others, we are not getting our just deserts. A
society that is willing to tolerate this is a society does not deserve our
allegiance.” (12, 10/29) …
Craig agrees with me that taxation is compulsory, but he sees nothing
wrong with using violence, or its threat, to collect government revenues.
To him it is simply a fact of life because it is required to insure that
injustice is not done to those who require a social safety net.
To threaten force is not by that fact alone to imply that the audience is
criminal or immoral. It is just to say: “Here are the rules of our society,
designed to achieve justice. They are authoritative rules, not mere
suggestions, and as such they will be enforced.” That’s not to infantilize
citizens or treat them as corrupt or vicious or criminal. Compare: there
are laws against parental neglect of children, and rightly so. But for our
government to create such laws is not to label all parents as people who
would refuse to fulfill their duties as parents in the absence of coercion.
It’s just to say that these parental duties are important enough to make a
basic, authoritative rule. Likewise, the laws that create taxation that is
used to fund a social safety net do not label citizens as people who would
refuse to fulfill their duties as citizens in the absence of coercion. It’s
just to say that these citizenly duties are important enough to make a
basic, authoritative rule. (And what citizenly duties are these? The duty
to ensure that citizens who contribute to your prosperity do not have their
lives ruined by financial and medical insecurity, that is, the duty to live
on a footing of reciprocity with your fellow citizens, so that both you and
they receive your/their just deserts.)
Here’s an analogy. (No doubt you will find it problematic!) Suppose you
join a club. The club says “Here are the rules. If you break the rules, we
reserve the right to kick you out.” That is a threat of a kind, though not
a threat of violence of course. But it is a threat of some kind of penalty.
Does the existence of the rule and the associated threat imply “All you
members are no good and have to be kept in line by threats”? No, there is
no such implication; it’s just a statement of “Here are the rules our club
will operate by.”
Now, anarcho-capitalist will say: “Exactly, we want ALL societies to be
voluntary societies which one is free to join or not!” That’s an inspiring
credo – I really do understand the appeal it has for some – but
anarcho-capitalists are insufficiently attentive to the problems that
predictably would arise in such a way of life … , i.e., various affronts to
dignity that many would experience under [a stateless society]. In light of
these problems I say that the ideal of “voluntary societies only” comes at
far too high a price in human dignity. The better course, in terms of
respecting human dignity, is to create involuntary institutions, but
arrange them so that they at least deserve everyone’s voluntary allegiance.
If this is done, then such a society will, all things considered, be more
respectful human dignity than anarcho-capitalist society would. (13, 10/29)
At this point in our email exchange, I summarized Craig's argument in the
following way: the authority of some people or some group of people to
coerce the behavior of others (i.e. collect taxes without their consent)
originates in “legitimate governing institutions” which rest on the pillars
of “respect for autonomy” and the “ideal of reciprocity.” So long as the
government does a reasonable job (as determined by those who direct the
governing institutions), then the individuals who don't want to pay their
taxes voluntarily must be threatened with coercion or experience government
coercion upon their bodies and/or property. I wrote Craig that it appeared
to me he was “simply saying that 'might makes right' and that the majority
of consenting individuals have the right to coerce the behavior of other
peaceful people.” (14, 11/4/17)
In response, Craig again asserted that government need not obtain the
consent of every individual under its jurisdiction since he realized that
would be an impossibility. Rather, “What the government needs to do is give
each person good reasons to consent” even though some individuals won't
willingly consent, for whatever reason. (16, 11/5/17)
[I]magine Rugged Ronnie who owns 100 acres in Montana, say, and wants to
take his chances outside the US and live as a “sovereign individual.” The
case for the USA being just is not simply that it furnishes benefits to
Ronnie. Maybe so, but the stronger reason is that if the USA were required
by justice to let people like Ronnie opt out, then over time that would
harm the USA’s ability to govern and the harms of anarchy would arise. So
Ronnie’s lifestyle preference for total legal independence turns out to
have a quite harmful side-effect; by threatening the functioning of
government it threatens the well-being of others … . One can think of
government as a “rescue project” rescuing others from the harms of anarchy.
If the rescue project required consent of all to be just then no rescue
project [would be] possible and the unjust harms of anarchy would
proliferate. Not a plausible view of justice.
So the answer to Ronnie is NOT “We are coercing you for your own good.”
The answer instead is “Our rescue project – our project of instituting law
and order - is rescuing many people from the grave injustices of anarchy
and this rescue project is impossible if each person is allowed to opt out.
So, Ronnie, we are coercing you not for your own good, but because each of
us - you, me, and each other person - has a duty to do our fair share of
the rescue work, rescuing others around us from grave injustices. We
understand that you prefer a different, solitary lifestyle, but your
lifestyle unfortunately - since it makes our rescue project unworkable -
has side-effects that expose others to grave injustices, and justice does
not permit you to be indifferent to the harmful side-effects of your
lifestyle preference. So, we coerce you in the name of preventing injustice
to others (emphasis added). At the same time, we are mindful of the costs
to you of our coercion, and we strive to ensure the costs inherent in
supporting the rescue project - i.e. government - are fairly distributed.”
(“Fairly distributed” is gauged using reciprocity as a yardstick, as
mentioned in previous emails.) (16, 11/5/17)
In other words, we need a government to rescue us from the injustices of
anarchy.
This very nearly ended our emails.
When I asked Craig his thoughts on how far the rescue project and the
social safety net should extend he admitted that he didn't “have a fully
fleshed out answer to offer. But my basic answer is that if a current
government is succeeding in rescuing its citizens from the harms of anarchy
… then we should count its boundaries as legitimate. The hard cases are
where government has broken down. In those cases, the boundaries should be
drawn in which ever way is most likely to work, i.e., most likely to yield
effective and stable rescue projects … .” (17, 11/5/17)
At this point, Craig wrote that he had enjoyed our discussions but that
due to time and work constraints he would not be able to co-author an
article with me on the pros and cons of anarchy.
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Here is a preliminary draft of an article based on correspondence with a professor at Ithaca College. I would like feedback: is the article interesting, worthy of publication, to long, etc? Please send me comments. Thanks, Carl
Here is the article:
Craig Duncan is an assistant professor of philosophy at Ithaca College (New York). He and Tibor Machan authored a book titled LIBERTARIANISM (2005): Tibor arguing for, and Craig against. I first became acquainted with the book in late September 2017, after Gerard Casey called my attention to Craig's argument that “As the law stands, you do not have legal title to all the pre-tax money that
others pay to you in the form of wages, salaries, sales, etc. You only have legal title to your after-tax earnings.” (p. 46) I emailed Craig pointing out that I did not think his statement was accurate. Here is what I wrote:
What is the basis for your statements? Is it to be found in the US Tax Code? Do
you think that the Internal Revenue Service would agree with your statement?
At most, I think you could say that the federal government has a potential lien on
ALL of your property until you have paid the amount that the Internal Revenue
Service decides you owe for any given year.
The title – at the time you earn your wages, salary, or engage in exchange of
property - is yours, solely; and the federal government has to follow due
process procedures in order to file a lien against your property.
Here is how Craig responded on September 28, 2017:
Dear Mr. Watner,
First of all, thank you for reading my and Tibor Machan's book.
I don't have my book to hand at the present moment and so I cannot check the
page you cite, but I believe at that point I was arguing that taxation is not
"legal theft." I don't believe that this point should be controversial. The
real question is whether taxation is "moral theft" -- that is, whether taxation
violates a moral right you have to keep every penny of your pre-tax earnings.
That question takes more work to answer.
My point in the passages you cite is just this: if I owe $D in taxation to the
IRS, then the IRS is legally entitled to those $D. If they are legally entitled
to those $D, then I am not legally entitled to those $D. If I refuse to pay the
IRS the $D, then I am breaking the law. And if the IRS confiscates $D from me,
then they are not guilty of the legal crime of stealing when they do so. (They
still behaved morally wrongly IF they violated a moral right of mine to keep all
my earnings, including the $D. Whether there is such a moral right is a
separate question, as I stated in the previous paragraph.)
So when I said (in the passage you quote) that you do not have legal title to
all your pre-tax earnings I simply meant that you are not legally entitled to
all your pre-tax earnings.
The IRS uses tax levies and tax liens to collect money that it is legally owed.
Perhaps you are making the point that you have legal title to the $D until the
levy or lien is executed? Perhaps so, but if so, that is more of a lawyerly
game of "gotcha" than a charitable interpretation of what I wrote. Perhaps a tax
lawyer would inform me that "not legally entitled" and "no legal title" are not
equivalent in meaning (i.e., perhaps "legal title" has a special lawyerly
definition I am unaware of). If so, then I should simply have said "you are not
legally entitled to all your pre-tax earnings." I am 100% confident that there
is some interpretation of this claim that tax lawyers would agree is true.
The genuinely interesting question is about moral rights to property.
Sincerely,
Craig
Craig's point is that taxation is not theft because there is a government law that entitles the IRS to part of your property. It does not matter whether you agree with the law or not. The government's authority to legislate takes precedence over your wishes. Nevertheless, Craig also recognizes that there is a question as to the legitimacy and morality of such a law. When I asked him in subsequent emails to justify his position he asserted that citizens living in modern industrial societies, such as the United States, in justice do not deserve all they earn because they “partake of technological know-how and physical infrastructure (roads, transportation systems, buildings, etc.) that they did not create … .” (p 4,10/19) This led to a wide-ranging exchange in which I questioned Craig about the justice of taxation, and even of government, itself. In the email excerpts that follow he elaborated on his argument.
[M]uch of the benefits that a given individual enjoys in ... a thriving social order is only in part due to his/her inputs (i.e. work, innovations, risk-taking, etc.) A portion of the benefits that an individual enjoys are a windfall due to the good fortune of being born into a functioning social order. All those individuals who contribute to the maintenance of the social order (contributing to the economy, obeying the laws, giving care within a family, showing mutual respect to fellow citizens, etc.) deserve to share in the good fortune that their fellow contributors are enjoying, at least to the extent of having secure access to a life of dignity (secure access to the opportunity to meet their basic needs and enjoy a reasonable level of control over the shape of the lives).
What the best means are for ensuring that contributors have access to a life of dignity is a social scientific matter. The track record of public and robust social safety nets is better than societies with threadbare nets or wholly private nets (i.e. only charity). It is not hard to see why. In any society, there are a number of menial jobs that must be done, and those jobs will pay poorly. (Since so many people can do them, any particular employee is highly replaceable, thus giving employees very little bargaining power with which to demand good wages.) Those people will have lives blighted by economic insecurity, health insecurity, etc., absent a safety net. But people who (say) drive delivery vans, empty bedpans, clean hotel rooms, stock shelves, etc., are playing a necessary part in the social order which benefits you and me. Such workers do not deserve to live blighted lives. Justice (which I regard as tracking desert) requires that the good fortune that comes with being part of social order be shared with other contributors. (6, 10/19)
According to Craig a “just system of [government] property laws will” strive to balance “respect for autonomy” of the person with “an ideal of reciprocity.” Government legislation will attempt to balance autonomy and control over one's external goods with sharing that property with others who contribute to your prosperity, but who have a lower standard of living than you. “It was the argument of [a] previous email that a laissez-faire economy with no tax-funded social safety net would leave many workers who contribute to your prosperity without secure access to a life of dignity. And that violates reciprocity. Thus it is compatible with justice for the law to define property rights so that you legally owe, as taxes, a portion of goods that you come to possess via economic exchanges.] (8-9, 10/23)
Such was Craig's basic justification for taxation. When I asked him if he endorsed the use of coercion, and its threat, to collect taxes, Craig responded that “how” the money was spent (i.e., its use to support the social safety net) justified using government force, if necessary. He argued that the compulsion inherent in the collection of taxes was coercion done in the name of preventing injustice. (11, 10/29) “Such coercion is done not with the main aim of improving those people who are coerced (in this case, those who are taxed), i.e. NOT done in order to say “You well-off earners should be more generous, so we are going to coerce you into being more generous!” It’s done to prevent injustice to someone at the bottom, e.g., to prevent a low-wage worker from having his/her life blighted by financial and/or medical insecurity.” (11.10/29) Furthermore, “absolute moral property rights - moral rights to property so strong that all forms of taxation are regarded as illegitimate - predictably lead to many forms of injustice, namely, the injustices that arise in [an] anarcho-capitalist [system], such as (among other things) a lack of basic security for those at the bottom of society. So, justice doesn’t endorse absolute moral property rights. Not all taxation is thus an injustice, the moral equivalent of theft. Some forms of taxation promote justice rather than violate it.” (12, 10/29)
In his argument against libertarianism, Craig observed that government does not require the consent of all the people living under its jurisdiction. (56 of LIB, p. 12 of my notes) Craig argued that:
If the actual consent of every single person were required for any government to be legitimate, then no government will be legitimate. That is an impossible standard to adopt in practice. Anarcho-capitalists gleefully agree, and draw the conclusion that no government is legitimate. But their view of the consequences of ancap is implausibly utopian. A more realistic assessment of life under ancap acknowledges that a great deal of misery, grave insecurity, and unfairness would abound. It is implausible to me to think that justice requires us to tolerate such bad consequences. So it is implausible that justice requires the actual consent of every single person for government to be legitimate.
The most that can truthfully be said is that a government is legitimate only if it deserves the consent of all those who live under it. When does a government deserve its citizens’ consent? When it shows adequate respect for citizens’ autonomy and when its laws respect citizens’ just deserts. The latter element requires a social safety net, for a society that lacks a social safety has forfeited any claim to deserve the consent of citizens at the bottom of society. [Those at the bottom of society say,] “The social institutions that we live under do not deserve our consent. We contribute to society – we drive its delivery vans, stock its shelves, empty its bedpans, clean its hotel rooms, pick its fruit, etc. – but we lead lives blighted by financial and medical insecurity. We are thus not living on a footing of reciprocity with others, we are not getting our just deserts. A society that is willing to tolerate this is a society does not deserve our allegiance.” (12, 10/29) …
Craig agrees with me that taxation is compulsory, but he sees nothing wrong with using violence, or its threat, to collect government revenues. To him it is simply a fact of life because it is required to insure that injustice is not done to those who require a social safety net.
To threaten force is not by that fact alone to imply that the audience is criminal or immoral. It is just to say: “Here are the rules of our society, designed to achieve justice. They are authoritative rules, not mere suggestions, and as such they will be enforced.” That’s not to infantilize citizens or treat them as corrupt or vicious or criminal. Compare: there are laws against parental neglect of children, and rightly so. But for our government to create such laws is not to label all parents as people who would refuse to fulfill their duties as parents in the absence of coercion. It’s just to say that these parental duties are important enough to make a basic, authoritative rule. Likewise, the laws that create taxation that is used to fund a social safety net do not label citizens as people who would refuse to fulfill their duties as citizens in the absence of coercion. It’s just to say that these citizenly duties are important enough to make a basic, authoritative rule. (And what citizenly duties are these? The duty to ensure that citizens who contribute to your prosperity do not have their lives ruined by financial and medical insecurity, that is, the duty to live on a footing of reciprocity with your fellow citizens, so that both you and they receive your/their just deserts.)
Here’s an analogy. (No doubt you will find it problematic!) Suppose you join a club. The club says “Here are the rules. If you break the rules, we reserve the right to kick you out.” That is a threat of a kind, though not a threat of violence of course. But it is a threat of some kind of penalty. Does the existence of the rule and the associated threat imply “All you members are no good and have to be kept in line by threats”? No, there is no such implication; it’s just a statement of “Here are the rules our club will operate by.”
Now, anarcho-capitalist will say: “Exactly, we want ALL societies to be voluntary societies which one is free to join or not!” That’s an inspiring credo – I really do understand the appeal it has for some – but anarcho-capitalists are insufficiently attentive to the problems that predictably would arise in such a way of life … , i.e., various affronts to dignity that many would experience under [a stateless society]. In light of these problems I say that the ideal of “voluntary societies only” comes at far too high a price in human dignity. The better course, in terms of respecting human dignity, is to create involuntary institutions, but arrange them so that they at least deserve everyone’s voluntary allegiance. If this is done, then such a society will, all things considered, be more respectful human dignity than anarcho-capitalist society would. (13, 10/29)
At this point in our email exchange, I summarized Craig's argument in the following way: the authority of some people or some group of people to coerce the behavior of others (i.e. collect taxes without their consent) originates in “legitimate governing institutions” which rest on the pillars of “respect for autonomy” and the “ideal of reciprocity.” So long as the government does a reasonable job (as determined by those who direct the governing institutions), then the individuals who don't want to pay their taxes voluntarily must be threatened with coercion or experience government coercion upon their bodies and/or property. I wrote Craig that it appeared to me he was “simply saying that 'might makes right' and that the majority of consenting individuals have the right to coerce the behavior of other peaceful people.” (14, 11/4/17)
In response, Craig again asserted that government need not obtain the consent of every individual under its jurisdiction since he realized that would be an impossibility. Rather, “What the government needs to do is give each person good reasons to consent” even though some individuals won't willingly consent, for whatever reason. (16, 11/5/17)
[I]magine Rugged Ronnie who owns 100 acres in Montana, say, and wants to take his chances outside the US and live as a “sovereign individual.” The case for the USA being just is not simply that it furnishes benefits to Ronnie. Maybe so, but the stronger reason is that if the USA were required by justice to let people like Ronnie opt out, then over time that would harm the USA’s ability to govern and the harms of anarchy would arise. So Ronnie’s lifestyle preference for total legal independence turns out to have a quite harmful side-effect; by threatening the functioning of government it threatens the well-being of others … . One can think of government as a “rescue project” rescuing others from the harms of anarchy. If the rescue project required consent of all to be just then no rescue project [would be] possible and the unjust harms of anarchy would proliferate. Not a plausible view of justice.
So the answer to Ronnie is NOT “We are coercing you for your own good.” The answer instead is “Our rescue project – our project of instituting law and order - is rescuing many people from the grave injustices of anarchy and this rescue project is impossible if each person is allowed to opt out. So, Ronnie, we are coercing you not for your own good, but because each of us - you, me, and each other person - has a duty to do our fair share of the rescue work, rescuing others around us from grave injustices. We understand that you prefer a different, solitary lifestyle, but your lifestyle unfortunately - since it makes our rescue project unworkable - has side-effects that expose others to grave injustices, and justice does not permit you to be indifferent to the harmful side-effects of your lifestyle preference. So, we coerce you in the name of preventing injustice to others (emphasis added). At the same time, we are mindful of the costs to you of our coercion, and we strive to ensure the costs inherent in supporting the rescue project - i.e. government - are fairly distributed.” (“Fairly distributed” is gauged using reciprocity as a yardstick, as mentioned in previous emails.) (16, 11/5/17)
In other words, we need a government to rescue us from the injustices of anarchy.
This very nearly ended our emails.
When I asked Craig his thoughts on how far the rescue project and the social safety net should extend he admitted that he didn't “have a fully fleshed out answer to offer. But my basic answer is that if a current government is succeeding in rescuing its citizens from the harms of anarchy … then we should count its boundaries as legitimate. The hard cases are where government has broken down. In those cases, the boundaries should be drawn in which ever way is most likely to work, i.e., most likely to yield effective and stable rescue projects … .” (17, 11/5/17)
At this point, Craig wrote that he had enjoyed our discussions but that due to time and work constraints he would not be able to co-author an article with me on the pros and cons of anarchy.
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