Fears of Decentralization

History, Immigration, Legal System, Libertarian Theory, Police Statism, Political Correctness, Racism, Statism, Taxation, The Left, The Right, Vulgar Politics
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Many libertarians, perhaps most notably Thomas E. Woods, support the decentralization of power from the federal government, including the power of nullification. Many people fear and denounce this power, often because they like the immense power of the central state and are supporters of big government. There are, however, some very real concerns by people who desire freedom as their highest political goal. A simple question, which is asked in various forms is “if decentralization leads to more freedom, why did African slavery thrive in a more decentralized America, and only go away (well, sort of) when the central state forced it to go away?” Similar statements could be said of Jim Crow.

Tom Woods briefly addresses a critical point which bears emphasis: a major problem with decentralization is that decentralizing power may have huge negative effects for people who cannot vote.  The very people who are most obsessed with them not having political power are the people who are most empowered by the receding power of the central state. This points to the people that libertarian activists should concentrate on protecting: non-citizens (including both legal and illegal immigrants) and convicted felons in states which strip them of the franchise. As most minorities have the ability to exercise the vote, the greatest evils of the past have no chance of being repeated. And some unprecedented benefits may come about. Without the significant support of the federal government, individual states could not maintain the murderous drug war at the levels at which it is currently prosecuted.  Family and morals-destroying welfare programs would have to be greatly scaled back without the ability to print money. Taxes would have to be levied to pay for these things, forcing citizens to carefully evaluate just how much they wish to impoverish themselves in the attempt to eradicate various victimless crimes.

The benefits don’t end there. Freedom would be catching in this country for several reasons. Our national myths support the value of freedom. The proximity of states and the freedom of movement among them, in the face of massive differences in the amount of liberty inside them, would mean that the most inventive, industrious people would tend to leave less free areas and go to more free ones. This would impoverish the most oppressive states, further pressuring them to liberate. Perhaps the single most important factor which would allow liberty to really catch in the United States is that the US military would not be looking to crush these efforts, as it does in other countries. If liberty is to be permitted by any government, it is likely that it will have to be permitted in the USA, as the American government is among the world’s most fervent supporters of foisting government on people, whether they like it or not, in the name of “stability.”

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Anarcho-capitalist libertarianism: What is it? Hoppe Radio Interview on Australian Broadcasting Corp.

Anti-Statism, Libertarian Theory, Private Security & Law
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Professor Hoppe was previously interviewed on Australian Broadcasting Corp. Radio, on the topic “Anarcho-capitalist libertarianism: What is it?” (approx. 25 minutes). It was aired on Jan. 23, 2012; audio is available here. As described on the ABC site, “What is anarcho-capitalist libertarianism? Hans Herman Hoppe explains the idea behind it and why it’s a very different and quite radical way to think about government, society and the economy.”

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Self-ownership and Teeth-ownership in Communist China: A Lesson for Confused Libertarians

Libertarian Theory, Statism
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A recent NPR feature, The Secret Document That Transformed China (h/t Vijay Boyapati), tells the fascinating story about one of seminal events at the dawn of the modern Chinese experiment in their version of capitalism.

In 1978, the farmers in a small Chinese village called Xiaogang gathered in a mud hut to sign a secret contract. They thought it might get them executed. Instead, it wound up transforming China’s economy in ways that are still reverberating today.

The contract was so risky — and such a big deal — because it was created at the height of communism in China. Everyone worked on the village’s collective farm; there was no personal property.

“Back then, even one straw belonged to the group,” says Yen Jingchang, who was a farmer in Xiaogang in 1978. “No one owned anything.”

At one meeting with communist party officials, a farmer asked: “What about the teeth in my head? Do I own those?” Answer: No. Your teeth belong to the collective.

Because of communism, “In Xiaogang there was never enough food, and the farmers often had to go to other villages to beg. Their children were going hungry. They were desperate.”

So the farmers agreed to a form of personal property, where each farmer could keep some of his own crop, above a certain threshold. This would give them incentives to work harder and the ability to keep some of the fruits of their labor. However,So, in the winter of 1978, after another terrible harvest, they came up with an idea: Rather than farm as a collective, each family would get to farm its own plot of land. If a family grew a lot of food, that family could keep some of the harvest.

This was done in secret for fear of reprisal by the state. Their agreement “recognized the risks the farmers were taking. If any of the farmers were sent to prison or executed, it said, the others in the group would care for their children until age 18.”

Their new pact was a success: “At the end of the season, they had an enormous harvest: more, Yen Hongchang says, than in the previous five years combined.”

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The Perils of Positive Law

Classificationism, Education, Legal System, Libertarian Theory
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Just a couple days ago the New York City council voted to ban the practice by sanitation workers to sticker the window of vehicles that were violating the alternate-side street cleaning rules. Whilst the vehicle’s owner would still receive a parking violation fine, they are no longer allowed to punish drivers by defacing their vehicles with the hard-to-remove stickers. While I find the ban agreeable, I have a bone to pick with the general legislative approach.

One of the problems with positive law is that the mindset it encourages is antithetical to what should otherwise be a presumptive prohibition of aggression and the security of both property and personal liberties. Unlike the “negative” rights of common law, the legislative process of positive law will all too often err and enshrine legal principles that are unjust. This is not to say that legislators do not get it right sometimes– for example laws that prohibit murder, theft and fraud are all [potentially] perfectly just laws.

With a positive law mindset, actions that are not yet defined in the statutes lie in a grey area neither prohibited nor permitted “under the law”.  And later, if ever, when the statutes are codified, the result could be in having laws that don’t prohibit or permit enough, or in fact laws that prohibit or permit too much.  This is a problem inherent to a process that tries to encapsulate the entire range of possible actions and to explicitly codify them into the written law.

The presumptions now change- anything not explicitly forbidden is arguably permissible. Actions which are now prohibited lie beyond the reach of justice if they were carried out before the law was passed under the legal principle ex post facto. Of course it doesn’t necessarily have to be this way– laws that forbids theft and injury could already be understood to include all forms of theft, damage and injury without the codification of specific actions, i.e. “killing with a knife in the right hand using a stabbing motion”. What the positivist mindset encourages is the tendency to look at the codified word as the source of justice, so that one could then hair-split it so that the actual action is not specified and thereby not prohibited.

That said, property defacement should be considered a forbidden action (regardless of the actual codified law) and therefore there was no actual need for a specific law to ban the stickering practice. Instead the government could have enforced the already existing laws against property defacement to stop this punitive, vindictive crime.

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A New Libertarian Publication: The Journal of Peace, Prosperity & Freedom

Education, Libertarian Theory
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Update: The Journal of Peace, Prosperity & Freedom now has its own web page: www.la.org.au/journal.

As the post below, from Liberty Australia, notes, another scholarly libertarian journal is in the works. It joins existing journals such as Libertarian Papers, The Independent Review, and Reason Papers, as another outlet for scholarly articles on the topic of liberty and related fields like Austrian economics, with a focus on Australia.

By Sukrit Sabhlok
Wed, 04/01/2012 – 3:35am
Wed, 04/01/2012 – 3:35am

To mark the historic Mises Seminar in Sydney, Liberty Australia is launching The Journal of Peace, Prosperity and Freedom. It will be dedicated to Austrian economics, revisionist history, legal arguments from an individualist perspective and other topics not adequately addressed by the IPA Review and Policy. The primary focus will be on Australia, although analysis of other countries is welcome too.

Journals are typically peer-reviewed, so I will maintain a list of referees with expertise in the specialist topics covered by the review. If you are interested in acting as a referee please shoot me an email.

Information for Contributors

Frequency: once a year.

Distribution: Published and distributed online. A print copy can be ordered through Amazon.com. I can also set up a regular subscription system, for those who prefer it to be automatically posted to them.

Submissions are sought for:

(1) Research articles up to 5000 words in length;

(2) commentaries up to 3000 words

(3) book reviews of between 800-2000 words.

The citation format used is the Cambridge Style, so please make sure submissions conform to this.

There’s no deadline: submissions are accepted on a rolling basis.

If you’d like to be a volunteer editor, have graphic design skills or want to donate time or money in other ways, do get in touch.

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