The Ideal Form of Government

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For ages, people have tried to construct the most ideal form of government. By “ideal,” I mean that which fulfills its purpose. The ideal pencil functions as a pencil should, allowing a writer to transcribe ideas onto a medium. What idea, good or bad, a writer transcribes is irrelevant. The pencil qua pencil does its job. Two writers with completely contradictory ideas could even use the same pencil, albeit not at the same time.

The role of politics is to decide who controls the figurative pencil or another resource at any particular time and for what ends. The same could be said of government. Two individuals might have diametrically opposed reasons for supporting a government, but they both support the existence of government. For example, Thomas Jefferson stated that government should be established to secure our individual inalienable rights. In comparison, Benito Mussolini said, “Fascism conceives of the State as an absolute, in comparison with which all individuals or groups are relative, only to be conceived in their relation to the State.”

These two ideas cannot both be true at the same time. Nevertheless, there is an ideal form of government that could conceivably achieve both Jefferson’s and Mussolini’s ends, though not at the same time, of course.

What Is Meant by ‘Government’

As the argument goes, men are not angels, so government is necessary to resolve disputes that arise. But what is a government? John Locke put much thought into this and decided that a functioning government needed to satisfy three “inconveniences” that would arise when living in a society that lacked a government. Locke believed there needed to be a known, settled law by which all disputes are ruled against. Second, he believed there must be a sufficient threat of force behind those ruling so they are followed. Third, a government would need to function as an independent judge of disputes.

Why a Worldwide Dictatorship

The only way to remotely satisfy all three “inconveniences” is to establish a world government. Governments exist now in a state of anarchy with one another as there exists no supra-government that lives up to Locke’s standards to enforce international laws and agreements. Because of their ability to offset the costs of aggression with taxes, governments pose a far graver danger to peace and security than do regular criminals, so a world government is imperative if local or national governments exist. Citizens of other countries also exist in a state of anarchy with citizens of other countries, although this seems to be less of a problem than government-on-government coercion. The United Nations is the closest thing that resembles a world government, yet it does not have the power to coercively impose taxes on citizens of its member nations. Member nations voluntarily fund the UN, and it does not possess the enforcement power to make its resolutions binding.

Even if a world government capable of enforcing its rulings were established, members of the world government would still exist in a state of anarchy because no one external to the government enforces rules upon lawmakers. The one way to reduce conflicts within the government is to reduce the number of government officials. Conceivably, the least populated government would rest power in a single person to avoid incidences of anarchic relationships. Now, admittedly, even this would not entirely end the existence of anarchy since the dictator would also exist in a state of anarchy with everyone else on the planet. Yet, a worldwide dictatorship would be the most ideal government, should one exist, to eliminate anarchic relationships.

For Jeffersonians, world government would be a nightmarish thought at first blush. Many Jeffersonians also believe that government is inevitable, that some form of government will always exist. That is certainly a theory and all the more reason to support immediately establishing a world dictatorship of limited powers before a world government of expansive powers is possibly created by a Chinese-Indian coalition.

For the Mussolini crowd, a worldwide dictatorship would soon enough make “the State as an absolute” a reality.

Why Not a Worldwide Dictatorship

I am being facetious in advocating a worldwide dictatorship. But a world government is where support for any government inevitably leads its supporters. In fact, a worldwide dictatorship of limited powers would quickly dissolve into complete tyranny. (Hint: Hierarchical power structures are not responsive to demands for accountability.)

What we see is the more that power is disproportionately divided among people, the more violence tends to erupt and corruption festers. Government is so dangerous precisely because it can externalize the costs of its violence onto captive taxpayers. The more that power is dispersed and divided, the greater that rights are respected and peace prevails. The profit and loss mechanism and competition, not the impossibility of constant vigilance, provide a natural check on the size of business enterprises and the power they can aggregate to themselves.

In truth, the ideal form of government is none at all since its purpose, from a rights-respecting perspective, is impossible. That does not mean a lack of governance or rule-making in society. A society without the ability to bring order would quickly be no society at all. The absence of monopoly government does not mean everyone will be of a pure heart and display empathy for his fellow man. Precisely because we are not angels, rules and rules enforcement should not be centrally commanded and controlled.

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The Social Functions of Profits

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Profit seekers — those just after a quick buck — are often derided as being anti-social, as harmful to the interest of society at large.

Common objections to profits themselves are that they are unearned, that they drive up prices for consumer goods, and that excessive profits run others out of business. I am not sure how critics measure the interest of society, but I am pretty sure that by any standard the overwhelming evidence proves just the opposite. For simplicity, I want to deal just with competitive profits, and not monopolistic profits yielded from government privilege in a “mixed economy.”

The first thing to note about profits is that there are different kinds of profit measured in relation to time. Investment profit is a simple accounting measure weighting an action’s costs and revenues. Entrepreneurial profit takes investment profits and measures those against the opportunity costs of alternative decisions, of what could have been. Psychic profits are the purely intrapersonal gains or pleasures an individual experiences from action (like reading this commentary, I hope).

Another important point about the profit mechanism is that it is a system of profits and losses. In a consensually regulated market, entrepreneurs make predictions with capital they control to predict the future behavior of consumers. The entrepreneur is the sole risk bearer for all past decisions. Of course, others will most likely be affected by those past decisions, but employees and customers only risk their capital to the extent their have chosen to become investors.

Some see this profit as exploitative, saying the entrepreneur is skimming the wages of his or her employees. This indeed does happen — when government intervention prevents or undermines collective bargaining. In other cases, the profits reaped are what remain after paying wages and other factors of production. The entrepreneur, the first laborer, has foregone another profit opportunity and is rewarded last, after paying expenses, according to how efficiently he or she put capital to use.

Often, entrepreneurship is seen as a distinct field of economics rather than an integrated economic process of economic calculation. From reading Ludwig von Mises, he thinks of entrepreneurship more generally as making decisions under a condition of uncertainty to acquire and combine resources for a higher valued use.

Profits are Information

Profits are created when someone takes resources that are in less demand by consumers and transforms them into products of higher demand. Therefore, the existence of profit is a signal of a misallocation of resources, which consumers have implicitly expressed with their own actions.

Profits provide extra incentive to continue putting resources to their higher valued use, and it helps correct a prior misallocation of resources. Without a system of profit and loss, it would be impossible for those in control of capital resources to know the demand for one product vis-à-vis another.

Collectivized markets, like government policing, are incapable of devising such an efficient system because there is no reliable or automatic feedback mechanism, like prices in a market economy, to gauge consumer demand.

Profits as Anomaly

Profits come about from a change in market conditions. In a hypothetical scenario of universal complete information, profits would tend toward zero. If all businesses knew the future price and demand for all consumer products (goods and services), businesses would compete in such a manner that the costs of production would match the prices of the end consumer goods, less the depreciation and interest accrued on capital resources. However, because of  technological advances, changes in consumer tastes, and unforeseen events taking place in the future, there is a constant hashing of new information that must be deciphered.

It is this uncertainty about the future that, in the long run, makes profits possible.

Tending Toward Zero

As I said, profits are not the norm. They come about by correctly predicting future market conditions. As the market for a product matures, profits will tend to decline. This happens for several reasons.

The method of production becomes more refined, and competitors begin cutting into one another’s profits. One method of increasing profits again is to reduce costs. This encourages competitors to emulate that success in order to improve their own profits by reducing prices, which spurs the whole cost-cutting cycle again. There is a limit to the point where costs can be reduced, and that is the price level consumers are willing to pay for a product. Below that point, businesses will tend to cease production and invest their resources into more profitable areas and seek higher returns on investment.

Cooperatives tend to exist in well-established, more ossified industries with predictable consumer demands, like farming, where the necessity for entrepreneurship is decreased. A reason why relatively few cooperatives exist is because people can possibly invest their capital into more profitable ventures. Losses also tend to disappear for much the same reason. Poor performers tend to go out of business or end production of losing products.

Counterintuitively, the criticism of high profits falls flat. Far from being unearned, an entrepreneur is in a constant flux of reading the future demand of consumers and managing the resources available to him or her. The maligned profit motive has the tendency to reduce final consumer prices, as we see in the electronics market. It is in the centrally planned markets like health care and insurance that prices continue to skyrocket. We can also see how high returns inform less-efficient business of potential profit opportunities.

It should go without saying, but a genuinely free market does not exist and never has. If one had, cooperatives and worker-owned collectives would probably be more common because technology and information would spread more quickly and barriers to entry would be diminished. Corporations exist at the pleasure of the state, meanwhile, receiving subsidies and protection from liability and competition.

Do not think for a second those privileges come without a price. Without government-financed intellectual property enforcement, a foreign policy of American hegemony, bail outs and rent seeking, and a fiat credit monopoly, were else would these corporations get the money to pay off politicians?

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July’s FIJA Outreach

For July’s Fully Informed Jury Association activism, I helped distribute about 270 brochures to potential jurors and some county employees. It seemed to be a light jury day. Otherwise, we could have reached more people.

Katy and I passed out a different brochure [PDF] this time, “A Primer for Prospective Jurors.” We think it is more professional looking in addition to providing some useful tips on answering private questions during voir dire.

Some of the common questions about jury nullification are also addressed in the brochure. For example, “Once on a jury, must I use the law as given by the judge, even if I think it’s a bad law, or wrongly applied?” There are also historic examples of jury nullification being used to right a wrong, like the trial of William Penn.

Following our previous outreach event, FIJA donated about 1000 copies of literature and other merchandise, so we should be stocked up for a good while. We will set another event for next month. I know I said this last time, but I will make time for a training session sometime for any newcomers who like to attend FIJA events in the future.

Originally posted at DFW Alliance of the Libertarian Left
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Constitutional Arguments for Open Immigration

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For context, I have written before why libertarians, and particularly libertarians committed to small government, should support open immigration as a matter of principle. Further, I have given a consequentialist argument for open immigration and what that entails.

For me, the least impactful line of argument I would think is the constitutional argument. That so many constitutionalists nevertheless support uniform immigration restrictions demonstrates how meaningless the constitution is if its most ardent defenders conveniently pervert it so far from the original meaning.

As an Implied Power

A common line is that the Naturalization Clause, which gives the legislature the power to make a uniform process of becoming a citizen, implies the power to regulate immigration in context with the Necessary and Proper Clause.

That is an interesting idea, and it would have been worth mentioning by the Federalists since immigration had been under the domain of the states during the existing constitution. Yet, the framers who supported the constitution never so much as hinted at that idea during ratification. In fact, “Agrippa,” the Anti-Federalist who is supposed to be John Winthrop, lamented that congress would have no such power under the then-proposed constitution.

It was not until 1875, after congress had passed four separate naturalization bills, did the Supreme Court discover the new-found power to control immigration.

As a Protection from Invasion

Further in Article 1, Section 8, congress is also given the power to summon the militia to “repel Invasions.” This line of argument has been given by Ron Paul and other less distasteful politicians as a reason to resist open immigration.

For this to be true, we would need to look at the meaning of the word “invasion” at the time of ratification. The widely circulated Johnson’s Dictionary defined an invasion as “a hostile entrance, an attack.”

I have defended extending open immigration, at a minimum, to peaceful, honest people. Obviously, that would exclude violent criminals who have not offered restitution for their crimes. With that said, peaceful, honest people entering the country to better their lives should not fall within the scope of “a hostile entrance” by any means.

As a Limit on Slavery

I do not encounter this argument often, but the constitution does provide for the prohibition of “Persons as any of the States now existing shall think proper to admit” after to 1808 in the 13 original states. Ironically, this was meant as a check on congressional power to control the importation of slaves.

In all other cases, immigration control should be reserved for the states, according to the constitution. However, as a practical matter, any federal immigration controls like that would break down under political pressure within a generation, so soon enough all the states would be setting their own policy. After all, it is unlikely that the other 37 states would be willing to pay for the immigration enforcement of others states.

Lessons from History

Mary Ruwart once wrote, “We reap as we sow. In trying to control others, we find ourselves controlled. We point fingers at the dictators, the Communists, the politicians, and the international cartels. We are blithely unaware that our desire to control selfish others creates and sustains them.”

The decentralization of power is a good thing. For one, it would slow plans for this New World Order that so many constitutionalists tell me about. The expansion of immigration controls follow closely with the expansion of government power in general.

For the most part, peaceful, honest foreigners are trying to escape exploitation so they might live somewhere they do not have to get permission to create wealth. It is a false choice to have to choose between our own happiness and abundance and that of others. All interests are served by practicing non-aggression. By refusing to aggress against others, the special interest groups and politicians in government have no authority over of us.

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There has not been a successful terrorist attack in the United States for nearly 10 years. I am sure it is not for a lack of trying. In the meantime, the federal government has usurped more control, expanded the occupation and violence in foreign countries and heightened hatred for those of living in the United States.

The constitution, which is supposed to be a check on government power particularly during times of emergency, has predictably been ignored. That is no surprise since the federal government has the final authority to interpret and enforce the construction on itself.

However fantastical, I would like to see some steps taken in the interim of achieving complete liberty.

Step 1. Withdraw all monetary and military support from the Arabian peninsula, fracturing the anti-American coalition and deflecting animosities to others in the Muslim world

Step 2. Do not torture suspected terrorists, which only serves to heighten grievances

Step 3. Uphold the Bill of Rights by holding trials for suspected terrorists and treat them as the common criminals they are

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Resolving the Shire Society Dispute

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In some respects, I agree with both sides in the heated L. Neil Smith-Shire Society intellectual property dispute. There has been some childish name-calling from each camp, although Smith’s has been far more harsh.

The controversy stems from the creation of the heretofore obscure Shire Society, the several dozen signatories claiming their “commitment to peace, individual sovereignty, and independence.” The signing of the declaration took place in June at the 2010 Porcupine Freedom Festival affectionately known as Porcfest, which is hosted by the Free State Project. (Note: I am a Free State Project participant, but I do have my own reservations about the Shire Society Declaration.)

The drafting of the precise language of the Shire declaration involved about 10 people and took place over several months. The final document borrowed heavily from Smith’s “A New Covenant.” From what I understand, this fact was acknowledged early in the deliberation process, though some were not aware of this at the time of their signing.

Smith’s twofold complaint is that he has not received enough credit for inspiring the society’s declaration and that he could suffer financially if people decide to back the Shire’s document instead of paying Smith two dollars to archive their pledge to his original work. He is also critical of the revisions made by Shire members.

I cannot say this represents all the facts, but they are the most relevant facts I know of. The primary ethical defense for the action of the Shire Society members is that non-tangible objects are fundamentally different from tangible objects insofar as they can be replicated without the destroying the original object. (I agree that much is true.) Consequently, Smith has not been injured by the copying of his original thoughts. Shire defenders lose me when they say restrictions backed by force on the use of non-tangible objects constitute aggression by restricting how users may use their own tangible property in the duplication of existing works.

This last claim is dubious because it tries to state as fact that non-tangible objects cannot be property. [Edit: In the original copy, this paragraph read as if I was expressing that I believe ideas, in and of themselves, can be owned; whereas, I was trying to express that it was someone’s labor that created those ideas.) It should be a simple matter of demonstrating that labor is owned and can be negotiated on what terms a laborer thinks favorable.

All Property is Intellectual Property

Ultimately, I believe the Shire Society should prevail in this case, but the argument against non-tangible property that its defenders put forth is unconvincing.

All wealth is a product of the ideas of the mind. We may use our muscles and bones to move earth or write a play, but our physical body is just a tool of our mind, which propels the use of those tools. As Lysander Spooner said, “There is, therefore, no such thing as the physical labor of men, independently of their intellectual labor.” The motion of our bodies, our labor, is equally non-tangible, yet no one would deny we own our own labor.

The creation of property (wealth that is possessed) is primarily an intellectual exercise by integrating an individual’s abstract and perceptual knowledge of objective reality into concepts to act upon. That is how, counter-intuitively, writers such as Smith can arrange words, which are limitless and therefore valueless in and of themselves, into highly valued books that people find it worth trading their scarce time and labor to read.

The value is found, not in the printed words themselves, but in the usefulness (or entertainment) of the expression of those ideas. The same is true of tangible property. Tangible property is by its nature scarce, but it is not necessarily finite. Wealth is not finite either. It is a product one’s mind, as Ayn Rand said, and endless imagination.

Whether someone’s work is harmed by duplicating it or not is irrelevant to the question of who may use the work.

Property does not exist so much in the physical dimensions of an object as it does in identifying the decision-making interest of the object. It means acquiring “the full services that can be derived from a good,” as Ludwig von Mises said. A property right is the ability to act freely (without the threat of force) and accept the consequences of that action at the exclusion of that same right to others while simultaneously honoring the property rights in relation to other objects.

Resolving Intellectual Property Disputes

The right to free speech is the right to use his or her property to disseminate information, except in cases to coerce others of their property, and the corollary right not to disseminate information. In that respect, the Shire Society has a case for borrowing from Smith’s work.

One possible limit could exist if the information was first acquired conditionally. To illustrate, if I sell a book under a certain explicit condition, such as a restriction on duplication, then I have not sold the full ownership and still retain certain property rights to that particular copy. Of course, the onus is on the original owner to state those restrictions before the transaction. If my customer transferred or lost ownership of the book, the next owner could not morally acquire any greater ownership rights than the previous owner, because I would retain whatever conditions were originally created.

The problem with existing intellectual property law is that the conditions of ownership are set by government law, that is, by force. The involuntary intervention of government enforcement enables intellectual property owners to place far harsher conditions than they could negotiate freely. Effectively, government intellectual property conditions are made under duress and should not be enforced.

In the case before us, Smith set no such additional property conditions on the use of the work on his Web site. And if he did set forth such conditions, the burden of proof would be on him to prove that someone deliberately copied his work and that it was not mere coincidence. The principle is, not that people owns ideas, per se, but they do own the labor that contributed to those ideas. Smith could not claim ownership of a coincidental duplication since he cannot own another’s labor either.

Had Smith clearly stated on his site the terms of use, he would be in the right. Instead, he owes members of the Shire Society an apology for his caustic language. The ambiguities of intellectual property have haunted libertarians for the past 50 years, and they likely will for some time. On the bright side, this is an opportunity for a proof of concept for a dispute resolution organization to resolve.

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