Wednesday, November 12, 2008

Initiating Force

Will Wilkinson is one of my favourite libertarians, and his sensible post on 'fake libertarian clarity' exemplifies some of the reasons why. There's one passage in particular that I want to discuss here:

[Some] libertarians are also notoriously guilty of pretending that their favorite kinds of coercion aren’t. Threatening force to deny another person use of one’s land, or one’s house, is coercion. A system of private property is a system of coercion. It may be justified coercion. It is justified coercion. But then the question is: What justifies it? The coercive protection of property is justified because people do better with it than without it. If people do better in a system that defines rights to property a bit less strictly, and coercively guarantees an economic minimum, then that is justified coercion.

Too right. At this point simple libertarians appeal to the distinction between self-defense vs. initiating force. But as I explain here:
Property-claims initiate force against others. The original privatization unilaterally removes others' access to what would otherwise be a common resource. That's an aggressive imposition of harm on innocent people, without their consent. We then threaten aggression against them, merely for wanting to use the resource in the same (peaceful) way as we do...

Again, one's attempts to claim exclusive use ("ownership") of a resource may well be a reasonable limitation to (attempt to) impose on others. But that doesn't change the plain fact that the claim to property is an (attempted) imposition. And of course it's logically necessary that their initial claim to ownership occurs prior to anyone else's interfering with their property -- otherwise it wouldn't be "their property" yet!

So there's really no possible way to deny this. It's a plain statement of fact: to claim a right of exclusive use (i.e. a "property right") over a resource, is to limit the options available to other people -- including people who have not yet done anything to you. This is a form of "coercion", in the value-neutral sense of the term.

Simple libertarians have difficulty appreciating this, because they think of property as a 'given', a basic feature of the natural world, rather than a human imposition -- or "social relations of constraint", as Cohen aptly puts it. These constraints are so thoroughly internalized that they fail to even notice them anymore.

So step back, and try to imagine seeing things from an alien's anthropological perspective. The alien has all sorts of physical and psychological concepts, but no explicitly moral ideas such as 'rights'. All he does is observe what is the case; he makes no judgments about what ought to be. So when he visits Earth, what will he see?

Bob and Sally are stuck on a desert island, with a banana tree. Bob gets there first and claims it as his own -- maybe he mixes his labour with it a bit, waters and nourishes it, whatever you like. Later, Sally goes to eat a banana, and Bob stops her, pushes her back. Who aggressed against whom? From the value-neutral perspective of the alien, the answer can only possibly be that Bob was the one initiating force here.

For libertarians to offer a different answer, they must not be using 'force', 'aggression', 'coercion', 'liberty' etc. as purely descriptive, value-neutral terms that even the alien could understand. They must instead be loading their moral assumptions into the concepts, effectively collapsing 'aggression' into 'unjustified aggression'. These moralized concepts presuppose libertarianism, they therefore cannot be used to argue for libertarianism on pain of circularity. This is why simple libertarianism is more accurately called 'propertarianism'. What's philosophically fundamental to the view is property rights, not liberty.

Anyone who truly takes liberty itself as a basic concept (rather than redefining it in terms of some other moral conception like property rights) must acknowledge that property rights can infringe on liberty. And once you make that step, the only sensible response is to assess the various institutional systems on offer, including those which render property subject to some degree of redistribution, and opt for the one that best promotes human flourishing (or whatever we think is ultimately good).

'Philosophical libertarianism' thus looks to be incoherent. There's simply no avoiding ubiquitous coercion (understood in a value-neutral way). So we can't get anywhere by taking that as our fundamental evaluative principle. 'Propertarians' instead treat property rights as their fundamental value, but further reflection reminds us that it is not rights themselves that fundamentally matter, but the people they are meant to protect. And so we end up with utilitarianism, at least at the fundamental level. One may, of course, still be a 'political libertarian' in the sense that you think libertarian policies will tend to best promote the common good. But anyone who thinks capitalism is intrinsically or necessarily just is simply confused -- or am I missing something?

13 comments:

Nigel Kearney said...

I agree with your criticism, but only because land is scarce. There is no way to get from non-initiation of force to who is entitled to occupy and use a piece of land.

It will not necessarily always be the case that land is scarce though. I'm thinking of self-sufficient communities on other planets, on the sea or in the air. Still science fiction at this point but that has never stopped philosophers before.

Richard said...

Nigel - I can see how abundance would affect the moral question of justification (why take something Bob wants/claims if you can just as easily find your own banana tree?). But it would not seem to affect the factual question of who initiates force in case of such a conflict. Even supposing banana trees are abundant, what physical fact could lead a Martian to judge that Sally initiated force against Bob rather than vice versa?

Nigel Kearney said...

That works if you assume the banana tree was just sitting there with bananas on it and Bob got to it first.

More likely, and especially into the future, the tree with bananas would not be there unless Bob or someone else did work to make that happen. The fact of that work having been done is what makes the difference.

Bob's ownership of his own body implies ownership of the work he does using his body and the result of that work.

The problem is that Sally and Bob can't use libertarianism to decide who is entitled to grow the banana tree on that particular spot. Without scarcity of land the problem goes away.

Richard said...

Nigel - I could just repeat my previous comment, since you haven't actually addressed the problem I raised for you.

The one thing your second comment adds to your first is that it reveals that you take the propertarian route: although you acknowledge the problem of initial acquisition, in the ideal case you would define liberty in terms of ownership. I just want to make your implicit commitments perfectly clear here. You do not treat liberty as a fundamental concept, instead you define it in terms of some other moral concept -- 'ownership'. This is revealed by the fact that an alien anthropologist would identify the "coercion" facts differently from how you do. So your claims about the initiation of force are not purely factual. Instead, they're hidden value judgments; in particular, they presuppose your propertarian claim: "Bob's ownership of his own body implies ownership of the work he does using his body and the result of that work."

In this thread, I am not concerned with arguing against propertarianism (the moral theory that has 'ownership' at its core). But I do want propertarians to recognize that their moral view is really centered around ownership, not freedom. (And so rhetoric to the contrary is misleading.)

gregorya said...

Richard,

I'm struggling to see how the second quote below follows from the first:

"These moralized concepts [i.e. an evaluative use of words like 'coercion'] presuppose libertarianism, they therefore cannot be used to argue for libertarianism on pain of circularity."

"anyone who thinks capitalism is intrinsically or necessarily just is simply confused"

Your first worry is about an argument for the view that capitalism is intrinsically unjust, and the latter worry is about stating the view that capitalism is intrinsically unjust. Can't they admit your former point but deny the latter?

Alex

georgesdelatour said...

Your argument posits a particular genealogy - the idea that human societies began in a planet-wide state of Arcadian communism, which was later disrupted by the historical creation of property. That's inherent in your claim, "the original privatization unilaterally removes others' access to what would otherwise be a common resource". In fact most animal species are highly territorial, whether for their family or their pack (http://en.wikipedia.org/wiki/Territory_(animal)). There are Darwinian reasons for this. If the alien in your example evolved by natural selection back on his own world he might well see Sally's trespass as the trigger for conflict. Historically, the codification of legal property rights may well have reduced rather than increased the amount of force generated by these conflicts.

georgesdelatour said...

Also, it's an overstatement to say that property rights remove others' access to whatever thing is deemed property. They make access conditional on the owner's consent.

Aaron Boyden said...

It is perhaps worth noting that property as a natural right is the origin of the Marxist notions of capitalist exploitation and alienation. The capitalist owns the goods produced by the workers; since the workers are the ones who injected their labor to produce the products, by the traditional Lockean picture they've infected it with their natural property rights, and the capitalist system "alienates" them from their natural property by assigning ownership to the capitalist. Of course the workers get paid, but since it's really their goods that the capitalist sells, when the capitalist sells the goods for far more than the workers get paid for making them, the capitalist's profit is "exploitation." The Marxist analysis only makes sense against the background of the natural rights theory of property. Probably more propertarians should have this pointed out to them more often.

Richard said...

Alex - Sure. I was implicitly assuming that the liberty-based argument was the only half-plausible argument on the table. But I guess if someone came up with some other, better reasons for the view, they could escape my charge. (I'm yet to hear any such reasons, though.)

Georges - I don't think any of that really affects the argument. I don't deny that property is a good thing. I'm simply trying to get people to be more aware of any moral presuppositions in their concepts of 'liberty' and 'initiating force', so as to prevent them from making circular arguments.

Dan Waxman said...

I find your idea that using 'moralized' concepts to justify a political theory is untenable a bit weird, to put it frankly.

Suppose we agree with Cohen and you that coercion, freedom, aggression etc really are morally neutral terms. I don't think they are, but assume it for the sake of argument. Our conception of freedom would then be something like the entirely descriptive concept of being physically able to perform an action. The problem is that freedom, so construed, is neither necessary nor sufficient for the actual justification of any political system because it has been entirely removed of any link with morality. Why would anyone want to base their political philosophy on an entirely amoral concept such as (unmoralized) freedom? Why do you think such a concept has any value, politically?

Richard said...

Precisely. I don't think anyone should base their political philosophy on a concept like 'freedom'. It needs to be underpinned by a theory of the good. So people should be arguing about what's good, not whether taxation (or whatever) is "coercive".

Richard said...

Someone discussing this post elsewhere asks whether my view implies consuming, rather than claiming ownership over, the banana would likewise count as 'initiating force' against everyone else who would otherwise have access to the banana. I agree that sounds crazy. So I should clarify that it isn't really the claim to ownership that's coercive, but the enforcement of one's claim. (The claim itself is merely an announcement of one's aggressive intentions.) The key question is: who is the first person to physically push the other around? Eating a banana doesn't involve pushing anyone around. Protecting it from alleged "thieves" does.

insteadofablog said...

Aaron,

You are very astute in your understanding of the problem with the capitalist employment contract but to say that this view is Marxist is incorrect. Marx actually missed this interpretation and instead focused on the ownership of the means of production rather the product (the correct view). It certainly follows that the product would naturally fall to the workers if they also owned the means of production but not because they owned the means of production (it would be because there are no capitalists, making the conflict moot). The role of residual claimant is a contractual role, not a property right, and Marx missed this, playing the perfect foil to capitalism in giving such significance to capital.