Tuesday, November 6, 2012

Respect for Individual Rights = Purpose of Government


Respect for Individual Rights
is the Purpose of Government



Eric Paul Nolte


         I often hear it said that taxation is the price of civilization.  Well, they had taxation in every totalitarian dictatorship, and I hardly think that it was their taxation that was the active ingredient that allowed those bloody pits of death and destruction to lay any claim to being civilized.  I believe that only a profound confusion over the nature of rights and civilization could lead to such a silly pronouncement.  Rather, I believe that it is respect for individual rights that is the price of an optimal civilization.   

It appears that the American people are so confused about the legitimate purpose, powers, and capability of government that we now believe government should do anything that sounds like a good thing to do. 

         Moreover, if you tell an American that you are against the government’s doing something that would make the world a better place, it will sound as if you just said you are opposed to the thing itself.

         This confusion is so pronounced that you could say you’re against having a bricklayer as your surgeon, and be understood as saying you’re against surgery.

         So, for a more realistic example, it now seems impossible for you to say that you are opposed to the government’s virtual monopoly in education without being understood as having said that you are opposed to education itself.

         If you say that you believe education is far too important to be left in the hands of government bureaucrats and union bosses, people will think you just said that you’re not only against education but they will likely assume that you also want poor children to remain ignorant, and, moreover, surely the only reason you could say something so cruel and stupid is that you are an ignorant racist pig who probably voted for Romney.

         But you may not be a racist, you may not have voted for Romney, and you certainly are not against education for poor children.  So how can you have been so deeply misunderstood on several levels at once?

         Because, for one thing, we the people appear to have lost any coherent idea of the legitimate purpose of government.  We have no idea what its powers should be.  We have not a clue about what should be the fundamental relationship between the citizen and the government.  There is no widespread understanding of what government is capable of doing, and there is no agreement over what it should attempt to do.

         Barack Obama told the American people, five days before the 2008 presidential election, that his election would mark the beginning of a “fundamental transformation of America.” 

Well, he missed the transformation!  It was already long since in motion!  The fundamental transformation of America began more than a century ago, and some will point to elements of this sea change that were present in the ideas of some of the founding fathers.

         Of course, it can be seen by anybody who read Obama’s books that the Hope and Change on which he campaigned in 2008 were a vision of America morphing into something rather more like France than the America of 1787 or 1865.  America’s regulatory-welfare-warfare state may not be as highly developed as that of France or Germany, but we are not very far behind.  If we were to adopt the government of Germany or France today, this would not represent as fundamental a transformation as what has already happened in America between 1865 and today.  The fundamental transformation of America was already beginning with the first generation of progressives, in the late 19th century, such as James Dewey, William James, Louis Brandeis, Walter Lippmann, Theodore Roosevelt, and Woodrow Wilson.

         By 1870, a generation of young Americans was going to Europe for university, many to Germany, and they came home infected by German philosophy of a Kantian flavor, and a fevered enthusiasm for the economics  of Marx, the politics of Chancellor Bismarck’s welfare state, and the idea of public schools as the conduit by which children could be torn from their mother’s breasts and transformed by the “right ideas” into becoming obedient soldiers and docile citizens.  Many of these young American thinkers became progressives and influenced others to join them.

         By the time of Franklin Roosevelt’s New Deal, 80 years ago, the idea of citizens as sheep and government as the Shepherd directing and protecting his flock was already well established, if not wholly unopposed.  But the opponents were few and largely unequipped to fight the Red Decade’s passionate arguments for scientific socialism, and the political left was widely perceived to have captured the moral high ground from the Neanderthal right.

        The formation of an outright totalitarian dictatorship in America today would represent much less of a fundamental transformation than would a government that suddenly began to behave as if it cherished the inalienable right of its citizens to their own lives, liberty, and property. 

        It would represent a radical change today for our government to declare that it would no longer operate as an instrument of plunder and stop looting its citizens and bullying them in every area of their lives.

        But it would be an unimaginable transformation for the government to fire its czars and disband its bureaus and alphabet agencies of coercion. 

        It would be a wonderful change if our government were to recognize that individual liberty and responsibility  are the first virtues, without which no others can count for much of anything.

        But such a transformation will never come without enshrining the inviolate right of every peaceful individual to his or her own life, liberty, and property. 

        This respect for individual rights will never come until we renounce forever the idea that one person may use others against their will for predatory advantage.

         We must renounce the idea that governments are endowed with some special power, infused metaphysically by some magical cosmic pixie dust, that justifies its forcing peaceful citizens to bend to its will.

         This renunciation of government coercion as legitimate will never happen unless we come to abandon our faith that it is acceptable to treat citizens as sacrificial animals on the alter of the common good.

         Until we reject the idea that self-sacrifice for random others is the starting point of morality, government will never respect our rights as inviolable.

         I believe that there is little hope for a peaceful world until we embrace the idea that the essence of morality must begin with the celebration of the sanctity of every individual as a unique and irreplaceable entity whose right to life, liberty, and property must never be violated by anyone, least of all by the government whose sole purpose must be as the protector of those rights.

         When the starting point of morality is held to be the sacrifice of oneself to everybody else, morality becomes the enemy of one’s own interests, but the world’s moral authorities have beaten us into accepting this suicidal idea.  Now it’s one thing to condemn predatory exploitation of others, but another to reject the pursuit of one’s own happiness as being the foundation of morality.  Notwithstanding that the pursuit of happiness is written into the American declaration of independence, the world’s moral authorities continue to treat altruism and self-sacrifice for others as the essence of the good, and one’s self-interest as, at best, morally neutral, and more often as the essence of evil.

         But we are profoundly confused about self-interest.  Selfishness is the only word we have to denote the activities of individuals pursuing their personal interests.  But the connotation of selfishness is imbued with every aspect of evil itself.  To be selfish is to be a predator, a greedy,  brutal, grasping bastard who is eager to rape, rob, and murder to get his own way.

         We need another word to denote the peaceful pursuit of one’s own unfolding and happiness.  We can describe this concept in a phrase, but we have no one word.  The closest term is Ayn Rand’s formulation of “rational happiness,” which she wrote about at book length in a volume with the inflammatory and provocative title, The Virtue of Selfishness, a title that was guaranteed to shock and repel many who might otherwise have been willing to give her a hearing.

 Until morality includes one’s own unfolding and happiness as the starting point, much as Rand defined rational self-interest, we will always be vulnerable to governments that treat its citizens as sacrificial animals, and citizens will more likely submit meekly to state coercion and exploitation, feeling  as if they had no right to resist.

         But rights are conditions of survival!  We are endowed to the right to be free because we would die without the freedom to act on the thoughts by which we figure out how to live, love, and work.  The right to liberty is therefore an aspect of our nature as a human being.

         The truly fundamental transformation of America would be to have a political class and a polity that began to understand this almost utterly forgotten, bedrock feature of our republic.

         If we understood that our rights are an aspect of human nature, we might remember that the purpose of government is to protect those rights from violation, and government would no longer be the primary enemy of our rights.

         If we understood that rights are inviolable, we would suffer no confusion between liberty rights and so-called welfare rights. 

 Liberty rights mean the entitlement of every individual to life, liberty, and property.  Welfare rights mean the entitlement of individuals to various goods and services.  But there is an insurmountable problem here: goods and services must be produced by people.  If one person is entitled to the goods produced by another person, that other person’s right to liberty and property is shattered.  It is certainly a good thing for people to choose to help each other out, but it is another thing altogether to say that one person can be entitled to another person’s stuff.

          If we understood that we are entitled to our own lives, freedom, and property, we would understand that we are not entitled to other people’s property.  That would be a contradiction, if all people are entitled to liberty by their nature as humans.  An entitlement to other people’s stuff would violate their fundamental rights by dragooning them, under threat of jail or fines, into providing those things as an unchosen obligation to the recipients of those goods.

         An understanding of the inviolate rights of individuals would make so many aspects of life clear! 

 If we understood individual rights, we could scale back government to a size that is appropriate to the legitimate purposes of the state.  This is very important to understand: that limiting government to its legitimate functions would preclude having a government of warring special interests competing to see which gang of thugs can grab the levers of power this election cycle and begin dispensing favors and punishments in preparation for the next election cycle. 

 As Friedrich Hayek pointed out, if government had not usurped the power to do enormous good, it would never have acquired the power to make or break any person or corporation at any moment, according to its fancy.  Neither would big government have become the beacon attracting the slimiest creatures to come crawling out from under their rocks in an effort to grab the levers of power.  Hayek understood that it was largely well-intentioned but misguided people who created these vast powers of government, and that others would then be attracted to that power, others who often had less scruples than the well-intended creators of this machinery of power.  Hayek knew that in many countries, these power-hungry politicians were happy to kill the high-minded founders to gain power.

         An understanding of the legitimate rights of individuals would finally make it clear what a proper government should do, and equally importantly, what it should not do. 

We would understand that if the government is the protector and not the violator of its own citizens’ rights, it may not engage in foreign adventures waging wars willy nilly as the world’s policeman.

We would understand that the powers of a government, whose purpose is  the protection of its citizens’ rights, would be limited to the protection of those rights.  A written constitution would sanctify and spell out the citizens’ rights and the limits of the state’s powers.  The system of laws could not be written to overstep these limits.  A system of courts would exist to help citizens work out their disputes.  A police system would exist to restrain the predators among us.  A military would exist to protect us from foreign aggression.  A treasury department would surely have to exist in order to receive the funds required to run the government.

 Now I hasten to add that while we would need a treasury department, there could not be an IRS, at least not as the instrument of coercion it is today.  Even a ninny who understood the nature of legitimate rights would plainly see that the IRS violates the citizens’ rights on a massive scale.  Taxation, as the involuntary taking of money from citizens, would be seen for the theft it plainly is, not as the alleged price of civilization, as many argue.

 Respect for individual rights is the price of civilization, and honest citizens would be happy to volunteer something like a tithe to the government that protects their rights from violation. 

 If rights were properly understood, the government would not be tempted to overstep its bounds in any other area either, and citizens would not be so willing to tolerate the government’s disdainful and arrogant violation of their rights.

 As for such other matters as the provision of infrastructure and the care of the poor and disabled, I trust the generous hearts of citizens more than the machinations of far-flung central planning bureaucrats.  For all goods and services, I trust the profit-seeking of businesses a million times more than I trust government bureaucrats to steer scarce resources most efficiently into creating the goods and services that real people want and need most urgently.

The major point is that nothing matters more in politics than understanding this rational formulation of rights.

 A close study of Rand, Mises, and so many others in this stream of thought, can make these matters clear.


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Revised 2015.1103

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