Posts tagged feudalism

Column on Society’s Rules Don’t Create Wealth

Society’s Rules Don’t Create Wealth

Tibor R. Machan

In olden days people were forced to labor for the king and his minions in return for being allowed to live within the realm. This kind of extortion finally got tossed over and people’s basic right to their lives became acknowledged–in the political philosophy of John Locke and the Declaration of Independence, for example. You don’t belong to society, to other people. Your life is yours to live as you choose, although, admittedly, you could live it bad or well but not in terms set by others who claim a portion of it.

But this realization that each individual has the right to his or her life got a bit arrested when later thinkers, like Auguste Comte and Karl Marx, argued that your property does belong to everyone else, not you. (In the case of Marx this didn’t quite fit his labor theory of value, but skip that for now.) Among some of today’s most prominently placed intellectuals, such as Professors Cass Sunstein of the Harvard Law School and Thomas Nagel of New York University, private property rights are taken to be nothing but a myth. (As one of Nagel’s co-authored book, The Myth of Ownership, announces, wealth is a collective phenomenon, never mind that some produce hardly any while others make gobs of it!)

Since one’s life is intimately dependent upon property–no way to live without some stuff, to be plain about it–if all property is owned by the public at large, collectively, that pretty much means one’s life is too. So the liberation from serfdom, one of the greatest achievements of classical liberal thinking, is to be undermined, reversed, by the idea that it is after all society that owns our resources, not we individually or corporately (in each others voluntary company). Taxes, then, amount not to a coercive taking but a rightful claim by the government that’s standing in for society as a whole (or so statists love to pretend). Taking private property for public use need not be very carefully justified as the fifth amendment to the U. S. Constitution insists, no. Such taking is really just government’s way of affirming its ownership of everything while generously leaving bits of it for the people to use.

But this is all nonsense and a ruse, to boot. For there is no society as such apart from the people who comprise it. Like my classes at the colleges where I teach–they do not exists as some kind of separate entity, only as a group of individual students with a common purpose. So then when it is argued that in fact society owns all the resources, the cash value of this is that some people who have laid claim to speaking for the rest of us own it all or at least get to use it as they see fit.

One retort to this is that without society’s rules and laws property could not exist. So society must, after all, own the stuff. But this is like claiming that because without the rules of tennis or football or any other game there could not be points scored or touchdowns run, it really isn’t the players who score the points or achieve the touchdowns but the referees! This is complete bunk. The referees, like governments, have a job, namely, to make sure the rules are observed as the people or players go about their tasks. They aren’t’ the ones who carry out those tasks and may not lay a claim to the results, either.

There have always been those who were insistent on lording it over other people, including their lives and property. In ancient times they rationalized this by reference to some alleged special status among us–natural aristocracy, superior race or class, God’s assignments, etc. But then it was discovered and finally driven home in many places that no one has any claim to lording over others, not without their consent (as when members of an orchestra consent to the conductor’s role). But this doesn’t sit too well with those who wish to rule us all. So they are now inventing different reasons, such as their supposed role of speaking for society, which is used by them justify their rule. Let us not fall for this, please.

On Distributive Justice

On Distributive Justice

Tibor R. Machan

For a long time political philosophers and such were interested in identifying the nature of justice. It started with Socrates and lasted to when John Stuart Mill did his work, although by that time there had been talk of this thing called distributive justice. By now most political theorists dwell on little else.

Yet I have never quite understood why the idea has become so prominent since it is clearly question-begging. Distribution is something done by people who have things to distribute, who are legitimate, rightful owners of what may be wanted from them about town. Money, mainly. So in our day government takes money from people–the resources they have made, earned, found, won or whatever–and hands it to some other people (after taking a good cut for itself). How the distribution goes may be judged as arbitrary, fair, unfair, corrupt, or, just. But all this couldn’t even begin if it were determined that the initial taking of the resources is wrong. And as I have managed to figure these matters, taxing people is wrong. That means that distributing what is taken in taxes is also wrong. Accordingly distributive justice could not be justice at all. It is at most something touched by a bit of generosity, as when bank robbers divvy up their loot among some needy folks, in what is taken to be a Robin Hoodish way (but Robin just took money back that had been taken in taxes instead of taxed people).

Why is taxation wrong? It is depriving people of what belongs to them without their consent. Sure, some people in a society may consent, by voting for it, to the taking of other people’s resources but that couldn’t possibly make the taking anything better than confiscation, an unjust taking because it involves coercion and lacks the consent of the owners. And this is what had been realized, more or less, when individual rights were finally clearly enough understood and affirmed by some political philosophers. Few came right out and condemned taxation because they held the mistaken belief that the administration of a just legal system required it, but it does not. They had similar ideas about slavery in various places until finally they gave that up. They should have given up taxation along with its conceptual sibling, serfdom. Both of these had their home under feudalism and other types of monarchy since in such systems the government–king, czar, pharaoh, dictator, ruler, politburo or whatnot–owns everything and thus when people live and work withing the realm, they are made to pay taxes as their rent and fees. Government in such systems permits people to live and work and charges them for this by making them serve in the military, subjecting them to forced labor, etc., etc. The benefits government provides are privileges, grants from the sovereign to the subjects. Such systems do not recognize individual rights!

Distributive justice is a weird hybrid that combines feudal or monarchical features with those of a fully free society, one in which it is individuals citizens who are sovereign, not the government. But the two, wealth-distribution by government and justice plainly enough don’t mix, despite how sophisticated folks claim they do. Justice requires acknowledging the sovereignty or self-rule of individuals, with what little government is warranted existing with the full consent of the governed. This government has no rightful authority to do any confiscation or conscription at all. Its sole function is that of a protector of individual rights or, as the American Founders put the matter, to “secure [the]… rights” everyone has by virtue of his or her human nature. (In America much of this was discussed but sadly not fully applied since a bunch of perverse ideas, held by powerful recalcitrant people, needed to be accommodated for the sake of establishing a sustainable country.)

When one hears of distributive justice–or another version of this oxymoron, social justice–it is best to conjure up the idea of a square circle or worse, a free slave. Governments that have resources to distribute came by it unjustly, by seizing it from people who are the just holders of those resources.

As to how legal services might be paid for, well, that is important but the answer cannot be “by confiscating the resources of those for whom they are being administered.”