One Law

Re-thinking governance. We only need one law - the Non-Aggression Principle - the foundation of libertarianism - to maximize justice, peace, and prosperity.

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July 9, 2016 by SC Striebeck

The Supreme Court’s New Attack on the Fourth Amendment | Mises Wire

The Supreme Court’s New Attack on the Fourth Amendment | Mises Wire

Source: The Supreme Court’s New Attack on the Fourth Amendment | Mises Wire

In the spirit of Murray N. Rothbard, Fegley’s article exposes the fundamental reasons why the proverbial concept of “checks and balances” between the three branches of American government fails to protect  its constituents …and I would offer, why at fundamental level government is unsustainable and doomed to fail:  because all men are self-interested, regardless of the type of organizational structure from which they work.

Yet this begs the question of organizational structure – which is better?

Government

Non-Profit

Limited liability company

Partnership

Corporation

Sole-Proprietorship

Some would say that it depends.

In truth, they are all “fictions of law” or “creatures of statute”, and thus arbitrary. Nothing is accomplished by these entities unless someone actually does something i.e. digs hole, types a letter, diagnoses cancer or protects your home, etc.

Only individuals think, decide and act – not entities.

All governmental employees provide goods and services too – but because they work for government, they are not held to the higher bar of consensual exchange imposed upon non-governmental employees where the decision “to buy” is left solely to the customer.

Instead, the entire foundation of government and the subsistence of its employees is based upon force. There is no choice whether you want their services; and hence, no basic justice – which is the cornerstone of a peaceful and prosperous culture.

As such, the creation of government (not the services of governance) necessarily creates two groups of people which are held to entirely different standards of care and where the governmental class exists upon the efforts the non-governmental class – like or not – it’s actually a form of serfdom or slavery, not to mention that this sanctioned theft creates an enduring and seemingly ever expanding safe harbor for waste, inefficiency, and corruption.

Yes, the Constitution was a fantastic idea for its time and relative to other systems it has served the country’s constituents well, but time has exposed its deep flaws – namely as Fegley quoted Rothbard, pieces of paper don’t enforce themselves.

Think about it: The Constitution was signed in 1778. Fast forward to today and we can clearly see the metastasis of the U.S. Government and current conflicts of interest such as the debacle du jour: the alleged preferential treatment of Hillary Clinton by the FBI.

Is this result surprising given the rise and fall of so many civilizations?

As we can see, the great system of “checks and balances” is forever flawed by an inherent conflict of interest.

Each branch of government tends to cover the others because they all need each other to maintain the edifice of government and the interest of those who benefit from the status quo.  No conspiracy here – just an expression of human nature.

The only “checks and balances” we really need is the maintenance of the power for each person to decide whether he or she needs any good or service – and for this to be enforced based upon one rule of law – the Non-Aggression Principle.

Note:  The views expressed are solely the opinion of the author.
Conceptual and title source:  Tate Fegley https://mises.org/blog/supreme-court%E2%80%99s-new-attack-fourth-amendment.
Media source:  www.mises.org

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Filed Under: Checks and Balances, Choice, Class Struggle, Government, Human Nature, Non-Aggression Principle, Power, Principle, Serfdom, Slavery, Taxation Tagged With: Legal, Police State, Rule of Law

October 25, 2015 by SC Striebeck

Real Anarchy and the Non-Aggression Principle

Anarchy with non-aggression?

stock-photo-20218630-peace-symbol-made-from-flowersAren’t they mutually exclusive?

Strictly speaking, no.

Lets look at anarchy. Remember etymology class or perhaps you took Latin?

Like many words, phrases, philosophies and -isms of just about any kind, interpretation can vary widely.  The same is true for anarchy.  However for the purpose of this website, anarchy shall mean its more historical definition:

“without rulers” i.e. absence of government which results in a stateless society but not necessarily one without rules – government and law are not one and the same.

Sunday, April 26, 2015 (4)Anarchy shall not mean what is often incorrectly assumed to occur in the absence of government – chaos, violence and mayhem which is how the word seems largely used today. Perhaps it is unwise to fight the trend, but in this original light, anarchy is a very powerful, provocative and efficient word.

When combined with a largely mutually agreed principle that serves everyone’s interest and accountability most equally, it tends to connote nearly infinite and organic creativity, greater responsibility, and maximal sustainability than what is otherwise possible where governance is founded upon force. As such, the word anarchy is irresistibly simple and accurate.

As alluded above, a stateless society does not necessary mean a society without laws. Government, law and order are not synonymous or even interdependent. Law and order, like language, have been around far longer than the modern nation-state.  They exist in their own right. Governance is a service like any other service imaginable. Like the creation of all products and services, governance can only be effectuated by individuals. Only individuals think, decide and act, regardless of the type of organizational entity from which they act. This should give us a clue as to why life without government is very possible and advantageous to all, but I digress.

Like anarchy, non-aggression means different things to different people, but there is a principle regarding non-aggression which actually drives why anarchy is absolutely necessary for the best possible degree of justice, peace and prosperity. It is called the Non-Aggression Principle (NAP) – for more information click here – and basically states that one can do anything one wishes as long as he doesn’t threaten or  commit harm to the body or property of another.

Pretty simple, right?  I would say beautifully simple.

But as with any law or principle, implementation can never be perfect, yet there is a certain fundamental accuracy in this principle that pervades basic human nature if we are consistent in how each of us would like to be treated and then in seeing others equally treated pursuant to the rule of law. And even though many cultures, faiths and traditions do not recognize such consistencies and equality, it is still the most basic social foundation to communicate and learn if we are all to otherwise practice what we wish to believe and do, whatever that may be.  If that foundation can be understood and respected by more people than not, then resolution to a host of local and global problems will be better solved.

Inextricably, the NAP is the fabric of a free, healthy, accessible and productive social, economic and political order – a system which inherently and most quickly self-corrects.  The only problem is that because government exists upon a foundation of force, it violates the NAP by its very existence. As counter-intuitive as it may seem, the NAP necessarily manifests a condition of absolute anarchy.

Still you may ask, how will society govern itself?

Who will make the rules?

Enforce the peace?

Put out fires?

Manage the roads?

Defend us from terrorists?

The answer:  by and large, the same people who do so today.

Remember, it’s not the government per se which provides these services, it is individuals. Government is merely the organizational framework through which these particular services are currently provided.  Assuming that there is in fact a demand, or degree of a demand, for such government-provided services, the NAP by default also results in a free market which provides the same or better in appropriate quantity and quality. The free market must trend toward greater customization, efficiency and customer satisfaction. As the government inherently violates the NAP, it is also mutually exclusive of the free market.  Government exists and operates by force; a free market, by consent. Like pregnancy, there is no in-between. The market is either entirely free or arbitrarily obstructed in varying degrees by force. That obstruction necessarily relates back to government.

Furthermore, justice, whether social or the good old fashioned kind, requires the best consistency possible, not arbitrary exceptions.  Because government is largely exempt from its own laws, it cannot mutually exist with the highest degree of justice. In its creation, government results in a minimum of two unequal classes of  citizens; simply put, those who subsist through consent of the market and those who subsist through the force of government. Force and consent are mutually exclusive. These two classes, for which as long as there is government, will always create a condition of inherent and fundamental injustice within society.

Since government is synonymous with hypocrisy, it is constantly sowing the seeds of its own destruction – always trending toward more arbitrary action, social disruption, war and narrower distributed prosperity until finally it collapses.  I suspect that this maxim weighs heavily in the rise and fall of all known civilizations.  Government only survives by value created through the market i.e. taxes and then printing or debasing currency (counterfeiting); despite legal sanction, both are purely theft. As noted, through the millennia, civilizations and their governments have come and gone, but the market, however partially or intermittently restrained, has remained ever present and constant.

The takeaway? The freer the market the better.

What’s the most free market?  One without government …but not law and order.

In sum, the NAP provides for the greatest degree of human expression within the boundaries of the greatest degree of accountability. Only the NAP and its manifestation as the free market in a condition of absolute anarchy can sustainably provide for maximal entrepreneurialism with maximal accountability to better solve any problem, including law and order, where greater justice, peace and prosperity can be achieved for all persons.

Where do we start?

To objectively face the hard and deeper reality of what government is and is not; then to take responsibility for this fact, to learn, understand and communicate the NAP to as many persons who may have an interest. Once a critical mass of adherents has been gained, better lives will follow.

Note: The views expressed are solely the opinion of the author.
Conceptual credits: Murray N. Rothbard
Image source: iStockphoto.com and Wikimedia.org

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Filed Under: Accountability, Action, Anarcho-libertarianism, Anarchy, Choice, Diversification, Entrepreneurialism, Free market, Government, Non-Aggression Principle, Power, Principle

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