Thursday, February 28, 2013

The Problem With Self-Ownership


                               .
I believe that localism represents the best chance libertarians will have of getting their philosophy implemented into practice.  The most probable path to a libertarian government passes through Localism.   That's because Localism is really just a framework for keeping smaller and smaller units of government free to organize as they see fit.   It is designed to stop what Jefferson called "the natural order of things"- I.E. tyranny (the centralization of power) to grow and liberty to yield ground.   Localism is simply a container to protect against centralization of political power.  What is placed in that container is up to the people in each locality.  Then the market will resolve what systems of government are attractive to people and which aren't.  

With that said, let me begin to explain why I am not a libertarian by noting that of the three generally accepted libertarian pillars, the only one I agree with fully is the Rule of Law.     The other two pillars are the non-aggression principle and Self-Ownership. As a caveat, I recognize that not all libertarians consider Self-Ownership to be an essential philosophical foundation of the creed- they would substitute other things. Those other principles have weaknesses that I will not delve into here. Self-ownership is considered foundational by many if not most libertarians, so let's talk about Self-Ownership.

 Here is the definition from Wikkipedia:
Self-ownership (or sovereignty of the individual, individual sovereignty or individual autonomy) is the concept of property in one's own person, expressed as the moral or natural right of a person to havebodily integrity, and be the exclusive controller of his own body and life. According to G. Cohen, the concept of self-ownership is that "each person enjoys, over himself and his powers, full and exclusive rights of control and use, and therefore owes no service or product to anyone else that he has not contracted to supply."
Who could argue with that?  Lot's of decent people, once you apply that absolute to some sticky situations.  An example might be whether a man who got a woman pregnant had any obligation to pay child support.   Insisting someone share the bill for national defense, or anything else with "free rider" issues, might be another example.  

The great Scottish writer George McDonald,  who wrote both Children's books and works on Natural Law, once said "The first principle of Hell is 'I am my own.'"    Understand I am not saying that the state owns us, or that we own each other.    My position is that God owns us, and though He has placed us in this world and granted us much freedom to become who we want to be, we are and will be accountable to Him for the use we have made of our freedom.

If I asked you why you thought you '"owned" your paycheck, you might say to me that your labor created the wealth that it represents.   You might say that you made a voluntary agreement to exchange your efforts for the money and that you lived up to your end of the bargain.   That is, you choose to do the agreed-to work and have therefore earned the agreed-on price.   You may be able to think of other good answers.  But I can't help but notice that the reasons we might give to say that we "own" our paycheck cannot be applied to make the case that we own ourselves!

If you think about it, it's really hard to make the case that we "own ourselves."  We did not create ourselves.  We did not determine when or where we entered this world, and we do not get to decide whether or not we get to stay in this world.   Others did many things to us and for us- some with our permission, some without, which permitted us to reach adulthood.   Each day a thousand things we cannot control in the heavens and on earth are necessary to sustain our lives.    Self-ownership does not seem a rational position.

A much better case for "self-ownership" can be made in any eternal afterlife that might exist.    There it might be argued that our place of entry is determined by our own choices, that the being we have become is the result of our own choices.   So while we may have had no hand in our own creation in this life, we would in the next.   And the condition would be, unlike this world, permanent.   What McDonald called "the First Principle of Hell" makes sense as a reality in Hell.   In this life, if God exists, we can only be as children in the womb, preparing for the next life but no more "sovereign" in this one than children yet unborn.

The concept of personal sovereignty, in the absolute sense Libertarians present it, implies individuals get to determine their own morality (except for the few absolutes they attempt to impose such as the conditions under which force might be used).   Again, measured against the vast scale of the cosmos, the enormity of time which has passed in all ages, and the value of wisdom which has endured for generations before us, the idea that the four pounds of grey matter in our skulls can be the final arbiter of right and wrong, even for ourselves, seems ridiculous.

We can try and discern right from wrong, and a worthy life will spend time doing so, but the idea that each generation, and even moreso each person, gets to re-write morality from a blank slate seems ridiculous.    Any one of us is only a tiny part of the natural world.   We remain in it only an infinitesimal portion of the total time it has existed.  The idea that we can construct our own personal morality, to apply only to us, displays what seems to me an almost psychotic misinterpretation of our place in the universe.

That is why I am a Localist.   Instead of fighting over who gets to hold the single gun that is pointed at the rest of us from sea to shining sea, the central government would get no gun for enforcing moral imperatives, be that gun libertarian, fascist, conservative, liberal, or whatever.

States and localities would, retaining their right to sanction moral behavior such as mandating child support.  But let them be careful how they use such power!  For in such an arrangement states who go too far (that is, impose rules for moral behavior outside the underlying moral reality of the universe or beyond the scope of government compulsion) are bound to lose productive citizens to states which do not.  States and localities who did not go far enough would too. And in each case government would look more like what the citizens who live there would want government to look like,. Decentralizing power would make the government subject to the marketplace.


6 comments:

  1. "Who could argue with that? Lot's of decent people, once you apply that absolute to some sticky situations. An example might be whether a man who got a woman pregnant had any obligation to pay child support. Insisting someone share the bill for national defense, or anything else with "free rider" issues, might be another example."

    Well, if you completely ignore the "contracted to supply" part of "owes no service or product to anyone else that he has not contracted to supply".

    "Each day a thousand things we cannot control in the heavens and on earth are necessary to sustain our lives. Self-ownership does not seem a rational position."

    I don't quite see how these two things are related. It's like saying that because tornadoes blow over your house, you don't really own your house. This isn't a bad personal philosophy, but it's a terrible legal concept.

    "That is why I am a Localist"

    Can you explain, why, after arguing away self-ownership and the right to determine our own morality, it's acceptable to govern at all? How can a man, unable to determine his own morality, determine the morality of others?

    "central government would get no gun for enforcing moral imperatives, be that gun libertarian, fascist, conservative, liberal, or whatever."

    Some might argue that the libertarian tack is expressly *not* enforcing moral imperatives from the central government. Even so, you still seem to have a list of moral imperatives enforced by the central government in localism, don't you?

    "States and localities would, retaining their right to sanction moral behavior such as mandating child support."

    Child support is already run by the states, what are you talking about?

    "Decentralizing power would make the government subject to the marketplace."

    States (along with counties and cities) already have wildly different laws, how is the marketplace working out currently?

    ReplyDelete
  2. Hi Andy, good to hear from you again.

    I don't quite get what you mean about "ignore the contracted to supply part." In the vast majority of unplanned pregnancies of unmarried persons, there is no "contract" to support the children. Oh I know that some will say there is an "implied" contract, but if we can slap "implied" contracts on one another then that undermines the whole self-ownership thing anyway doesn't it? Who are you to say what I "implied"?

    I have had libertarians, all claiming to hold the NAP as an absolute, run the gambit of trying to shoe horn an "implied contract" into that scenario to claiming it is slavery to force them to support a child that they had not agreed to care for.

    ReplyDelete
  3. I don't get your analogy about the tornado going over the house at all. The house is like the paycheck. That is, the same reasons that you would say that you "own" your paycheck would apply to the house that you bought with that paycheck. But such reasons do not apply to you. You did not "earn" your existence. It was given to you by Others.

    ReplyDelete
  4. "Can you explain, why, after arguing away self-ownership and the right to determine our own morality, it's acceptable to govern at all? How can a man, unable to determine his own morality, determine the morality of others?"

    They don't get to do that either, not justly. The classic answer is that the state is the minister of God as regards to meting out justice. IOW, the state is obligated to honor the moral order that is in the universe, not make its own. The Chinese concept for this is that a government loses the "Mandate of Heaven" when they rule out of compliance with God's moral order in the universe.

    We may see through a mirror dimly, we may not understand it perfectly, or even very well, but our obligation is to seek out and seek to comply with the moral order that is in the universe. Now most of that moral order government should have NOTHING to do with. Much of the moral order has to do with MERCY and CHARITY. Government is restricted to that part of the moral order that is JUSTICE.

    ReplyDelete
  5. "Some might argue that the libertarian tack is expressly *not* enforcing moral imperatives from the central government. Even so, you still seem to have a list of moral imperatives enforced by the central government in localism, don't you?"

    I don't see that in the book, do you? Have you actually read it? I will admit it assumes that the reader knows a lot already.

    Libertarians DO support moral imperatives, that is what the Non Aggression Principle is. In Minarchist Libertarianism (the dominant kind) the state can enforce laws that are violations of the NAP. It leaves open whether the power to apply the NAP and enforce laws should be done by 1) a central government, 2) a decentralized government or 3) a private network in anarchism

    Under localism, the central government would not have the power to reach out and touch individual citizens, even to the extent permitted in a central minarchist libertarian state. For example the central government would not have the power to put an income or consumption tax on individuals for national defense, which is a legitimate mandatory taxable function under a minarchist libertarian state, since it protects citizens from NAP violations by foreign actors.

    It is true that in Localism individual states can go beyond the NAP in enforcing moral imperatives. Imagine a nation in which a dozen states use the NAP as the limit of state action, and the rest have various sort of Republics where rights are listed, but the government still has more reach than under an NAP Republic. If the NAP really does best express more closely the moral order of the universe, then it should in time attract more people and produce more freedom and prosperity. The other states can either adjust their constitutions accordingly or lose more citizens to those who do. That is what I mean about the market place.

    ReplyDelete
  6. "Child support is already run by the states, what are you talking about?"


    I am talking about leaving that moral imperative under the jurisdiction of the government, even though it violates the principle of self-ownership. I am saying that current law might be closer to moral reality than the change suggested by the principle of self-ownership used as an absolute.


    "States (along with counties and cities) already have wildly different laws, how is the marketplace working out currently?"

    To the extent it has been allowed to happen, it worked quite well. The US went from a few tiny colonies to the most powerful, most free, and most prosperous nation on earth under a system much like the one localism suggests. But we are going the other way. Increasingly, cities, counties and states are being treated as mere administrative units of the central government.

    This lack of choice and diversity is a lack of freedom. We have been going the other way for over 100 years, accelerated after the civil war and 1913.

    But it still works. We see people fleeing socialist big-government states like California and going states which have less government overhead. What I am saying is let's take the central government almost all of the way out of it and REALLY unleash the market.

    ReplyDelete