Foundations of Private Property Society Theory: Anarchism For The Civilized Person - Robert Wenzel
Foundations of Private Property Society Theory: Anarchism For The Civilized Person - Robert Wenzel
Foundations of Private Property Society Theory: Anarchism For The Civilized Person - Robert Wenzel
By Robert Wenzel
Cover design by Thomas Rossini
2
FOUNDATIONS
OF
PRIVATE PROPERTY
SOCIETY
THEORY:
ANARCHISM FOR THE
CIVILIZED PERSON
3
FOUNDATIONS
OF
PRIVATE PROPERTY
SOCIETY THEORY:
ANARCHISM FOR THE
CIVILIZED PERSON
Robert Wenzel
i
III
III
Bl I
■ ■
[Gallatin House
5
Copyright 2018 by Gallatin House LLC
ISBN 978-1-387-61517-9
Wenzel, Robert
Subject headings:
Anarchy
Government
Social policy
6
For Sourface
7
8
The world does simply not need governing; in
fact, it should not be governed.
9
10
For upwards of two years from the
commencement of the American war, and a
longer period in several of the American states,
there were no established forms of
government. The old governments had been
abolished, and the country was too much
occupied in defense to employ its attention in
establishing new governments; yet, during this
interval, order and harmony were preserved as
inviolate as in any country in Europe. There is
a natural aptness in man, and more so in
society, because it embraces a greater variety of
abilities and resources, to accommodate itself
to whatever situation it is in. The instant
formal government is abolished, society begins
to act. A general association takes place, and
common interest produces common security...
-Thomas Paine
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12
TABLE OF CONTENTS
INTRODUCTION 15
CHAPTER 1 19
THE NECESSITY OF GOVERNMENT IS A MYTH
CHAPTER 2 29
TYPES OF ANARCHISTS
CHAPTER 3 33
WHY SOCIETY?
CHAPTER 4 37
THE PROBLEM WITH NATURAL RIGHTS
CHAPTERS 4 1
THE PROBLEM WITH UTILITARIANISM
CHAPTER 6 45
THE IMPORTANCE OF SUBJECTIVISM IN
SOLVING THE PROBLEM OF GREAT CONFLICT
IN A CIVIL SOCIETY
CHAPTER 7 51
LAND PROPERTY
CHAPTER 8 55
RULES BEYOND LAND PROPERTY RESPECT
CHAPTER 9 57
CULTURE IN A PRIVATE PROPERTY SOCIETY
13
CHAPTER 10 63
CRIME RESOLUTION IN A PRIVATE PROPERTY
SOCIETY
CHAPTER 11 69
PUNISHMENT IN A PRIVATE PROPERTY
SOCIETY
CHAPTER 12 75
POLICE PROTECTION IN A PRIVATE PROPERTY
SOCIETY
CHAPTER 13 79
“NATIONAL” SECURITY IN A PRIVATE
PROPERTY SOCIETY
CHAPTER 14 85
LAND DISTRIBUTION IN A PRIVATE PROPERTY
SOCIETY
CHAPTER 15 89
ON PROMOTING A PRIVATE PROPERTY
SOCIETY
CONCLUSION 97
ENDNOTES 101
ACKNOWLEDGEMENTS 107
ABOUT ROBERT WENZEL 109
14
INTRODUCTION
15
planned to discuss for example, the ideas of
John Locke, David Hume, Lysander Spooner,
Karl Marx, Vilfredo Pareto, Max Weber, Jean
Jacques Rousseau, John Rawls, Robert Nozick,
John Hospers, Jane Jacobs, Karl Popper, Ayn
Rand, Walter Block, Hans-Hermann Hoppe,
James Buchanan and David Friedman, to name
just some, and to give you a sense for the broad
ambitious project I had in mind.
16
dictatorship, etc., is one that is also rejected
here. But beyond this, even the idea that all
men must live under the same law is rejected.
Indeed, the idea that there is some specific
method of divined society that will guide us all
is rejected.
Robert Wenzel
San Francisco
February 2018
17
18
CHAPTER 1
THE NECESSITY OF GOVERNMENT
IS A MYTH
19
town.” Both areas are generally policed by the
same police department, but the difference in
safety in the two areas can be dramatic. It is
not because of the police operating differently
in the two sectors; it is because of the people
living in the two areas. The police don’t provide
complete security to either area. It is only the
neighbors in the good part of town that provide
a type of self-security. If it was really
government police that provided complete
protection, there would be no such things as
good parts of town and bad parts.
20
The economist Jane Jacobs observed as to how
people on the street help bring safety to an
area. It is what she called “eyes on the street”:
21
Good people going about their daily business
help to create safety and protection in areas
much more so than government police.
22
“Well at least we know what the government is
going to do when there is a nuclear attack
headed our way. They are going to send us a
text message.”3
23
the same manner, no one would buy a house at
a specific location in a private society if road
access wasn’t provided as part of the package.
The first roads, in fact, were privately owned.
24
necessary. Former President Barack Obama is
fond of saying that charity “is the neighborly
thing to do.” But he is distorting charity with
government welfare operations. Most people
are not against helping a neighbor in a time of
need. Whenever there is a hurricane,
earthquake or some other disaster, people
donate willingly of their own free will, even for
people in far off lands. Private charity used to
be the method to care for the downtrodden in
the United States before government
involvement began.
25
Murray Rothbard wrote:
26
the essential institutions of the market
economy... The greater part of those
assisted by charitable institutions are
needy only because interventionism has
made them so.8
27
28
CHAPTER 2
TYPES OF ANARCHISTS
29
determined by our relationships with
each other.11
30
nasty, brutish, and short.”13 (For more on the
division of labor, see Chapter 3.)
31
law that presumably everyone must universally
recognize.
32
CHAPTER 3
WHY SOCIETY?
33
to developing a myriad of goods and
services above the level of brute
subsistence. But there is another reason
that full development of the creative
powers of each individual cannot occur
in a primitive or undeveloped society,
and that is the necessity for a wide-
ranging division of labor.
No one can fully develop his powers in
any direction without engaging in
specialization. The primitive tribesman
or peasant, bound to an endless round of
different tasks in order to maintain
himself, could have no time or resources
available to pursue any particular
interest to the full. He had no room to
specialize, to develop whatever field he
was best at or in which he was most
interested. Two hundred years ago,
Adam Smith pointed out that the
developing division of labor is a key to
the advance of any economy above the
most primitive level.
A necessary condition for any sort of
developed economy, the division of
labor is also requisite to the
development of any sort of civilized
society. The philosopher, the scientist,
the builder, the merchant—none could
develop these skills or functions if he
had had no scope for specialization.
Furthermore, no individual who does
not live in a society enjoying a wide
range of division of labor can possibly
employ his powers to the fullest. He
34
cannot concentrate his powers in a field
or discipline and advance that discipline
and his own mental faculties. Without
the opportunity to specialize in whatever
he can do best, no person can develop
his powers to the full; no man, then,
could be fully human.15
Notice here that in the discussion of
friendships, general interaction and the
division of labor, no argument is made that
there is a “natural right” to such. Indeed, it is
acknowledged that while most seem to be
attracted to friendships, general interactions
and the benefits of the division of labor, there
may be some who prefer the hermit life. Thus,
even the utilitarian argument, in the objective
sense - that something is good for the greatest
number - is not used here to explain why
societies form.
Societies form precisely because almost all
view the societal form of life as attractive and
preferable - and yet there can be outlier
individuals who reject such a life. But the key is
that those who do participate in society do it
from an individualistic perspective. That is,
they do it because they prefer living in society
rather than the hermit life, since if they
preferred the hermit life they would adopt that
form of living.
35
36
CHAPTER 4
THE PROBLEM WITH NATURAL
RIGHTS
37
That slaves have existed on this planet shows
that this “natural right” to one’s own person
can be overruled. And there are plenty of
people living under kings and dictators who
will tell you that there is nothing natural about
natural rights.
Can a right with the potential to be overruled
be considered a fact the way, say, that water is
composed of two parts hydrogen and one part
oxygen is a fact? The same slave owner, king or
dictator who can overrule natural rights of
individuals cannot overrule what is a true
scientific fact, such as water is made up of a
certain combination of elements or that the
earth revolves around the sun.
As Henry Hazlitt writes
The term Natural Rights like the term
Natural Law is in some respects
unfortunate. It has helped to perpetuate
a mystique which regard such rights
having existed since the beginning of
time; as having been handed down from
heaven as being simple self-evident, and
easily stated; as even being independent
of the human will, independent of
consequences inherent in the nature of
things...18
Because the declaration of natural rights is
nothing more than a statement of what is
desirable by a given person or group, rather
than founded in logical fashion from an
observation about the nature of the world, the
idea of natural rights can go off in many
directions.
38
Ludwig von Mises writes:
There is... no such thing as natural law
and a perennial standard of what is just
and what is unjust. Nature is alien to the
idea of right and wrong. “Thou shalt not
kill” is certainly not part of natural law.
The characteristic feature of natural
conditions is that one animal is intent
upon killing other animals and that
many species cannot preserve their own
life except by killing others. The notion
of right and wrong is a human device, a
utilitarian precept designed to make
social cooperation under the division of
labor possible....
From the notion of natural law some
people deduce the justice of the
institution of private property in the
means of production. Other people
resort to natural law for the justification
of the abolition of private property in the
means of production. As the idea of
natural law is quite arbitrary, such
discussions are not open to settlement.19
The items that others have put on the list of
natural rights seems never ending.
The declaration of human rights adopted by the
General Assembly of the United Nations in
1948 states that everyone has the right to rest,
leisure and reasonable limitation of working
hours, including holidays with pay.
The 1979 Convention on the Elimination of All
Forms of Discrimination Against Women
requires State parties to ensure women the
39
right to “enjoy adequate living conditions,
particularly in relation to [...] water supply.”
In the current day, we also see statements that
there is a right to education, housing, non
discrimination, a “living” wage, medical care
and freedom from verbal attack.
In October 2009, Finland’s Ministry of
Transport and Communications announced
that every person in Finland would have the
right to internet access.
Because it is impossible to identify a specific
element of nature and deductively determine
what is a right (and what is not), the rights
argument becomes a trap. It is a train that can
stop frequently and anywhere.
It is about wishes, desires and opinions. Since
there is no-logical foundation for identifying
natural rights, natural rights set up the
potential for serious conflict. One group
declares A is a natural right, while another
declares B and C are natural rights but not A.
Anyone calling on “rights” to demand specific
action of his fellow man is using a weapon that
can be turned against him. It is a boomerang
bomb that soars through non-logical thin air.
40
CHAPTER 5
THE PROBLEM WITH
UTILITARIANISM
41
vast majority of people in a society hate
and revile redheads, and greatly desire
to murder them; and suppose further
that there are only a few redheads extant
at any time. Must we then say that it is
“good” for the vast majority to slaughter
redheads? And if not, why not? At the
very least, then, utilitarianism scarcely
suffices to make a case for liberty and
laissez-faire...
Secondly, what is the justification for
each person counting for one? Why not
some system of weighting? This, too,
seems to be an unexamined and
therefore unscientific article of faith in
utilitarianism.20
The great problem here is that utilitarianism
sets up, just like natural rights theory, the
potential for great conflict. This will be most
observable when a society is split roughly
50/50 on an issue. Because victory of one
group over another means that the desires of
one large group will be denied. It may result in
methods used to attempt to achieve victory that
can be very aggressive, malicious,
Machiavellian and even violent if each side
strongly desires its (conflicting) goal to be the
law of the land.
The displeasure will be less visible when a
small minority does not gain influence on an
issue or issues but the unhappiness with the
situation remains for such a minority7. Such
small minority groups may not really go along
but may just correctly believe they do not have
42
the sufficient strength in numbers to directly
battle the outcome.
Thus, whether we are considering a natural
rights solution or a utilitarian solution, edicts
are made that will interfere with the freedoms
and desires of some.
Is there some other alternative which can
eliminate many of the conflicts that are part of
the structures of a natural rights society and a
utilitarian society?
That is the subject of the next chapter.
43
44
CHAPTER 6
THE IMPORTANCE OF
SUBJECTIVISM IN SOLVING THE
PROBLEM OF GREAT CONFLICT IN A
CIVIL SOCIETY
“It is probably no exaggeration to say that
every important advance in economic theory
during the last hundred years was a further
step
in the consistent application of subjectivism.”
-F.A. Hayek
45
Is it possible that a society could be formed
where individuals subjectively set their own
rules? Can we apply subjectivism to the theory
of civil society to advance the notion that a
society based on the recognition of individuals’
subjective desires is the best society for most of
us? And can we reach this conclusion not via a
utilitarian framework, where we claim that
such a structure is best for us, but via a
subjective methodological individualist
approach, where individually we say, “This type
of society would be good for me”?
My answers to all these questions are a full
throated “Yes.”
David Gordon, a student of Hayek, tells us:
[Hayek] was keen to stress
methodological individualism, the view
that only individuals act. References to
collectives such as nations and classes
that act must in principle be capable of
being reduced to individuals’ actions....
Methodological individualism, as Hayek
taught it, went together with
subjectivism. To explain social
phenomena, one had to start from the
preferences and perceptions of
individual actors.22
The problem with natural rights theory and
utilitarian theory7 is that they both attempt to
impose order from above. That is, in some
manner, someone makes rules (allegedly
discerned) that must all must obeyed by all.
They break Hayek’s rule that to explain social
phenomena we must start with individual
46
actors, with methodological individualism,
with subjectivism.
We all have our own subjective values. We
most certainly will not be happy with all the
rules imposed on us by others. Coercion will be
the result to keep us in line with whatever rules
a ruling body sets, be it a congress, a
parliament, a direct majority rule society, a
king, a dictator, etc.
Ina region, a large group of individual actors
may support a government, but this is much
different than saying that the rules are in some
sense natural and predetermined. If it is
individual actors that support a governing body
then it is possible for those individual actors to
pull support from such a governing body.
Some societies with a governing body may be
less oppressive than others, but the
fundamental foundation of a society with a
governing body that sets rules is some type of
oppression of individuals to the demands of the
rule makers.
Governmental rule must, by its very nature,
lead to grand conflicts.
Mises once said:
The worst thing that can happen to a
socialist is to have his country ruled by
socialists who are not his friends.23
It may not be such a large jump to say:
The worst thing that can happen to a
government advocate is to have his
47
country ruled by government officials
who are not his friends.
Is there a way to get around this government
problem?
The answer is yes, if we begin to understand
that we all live on this tiny planet together and
that fundamentally there are only two ways to
go about surviving with the other roughly 7.5
billion people on this planet. We can either act
like thugs and fight and steal to get what we
want, or we can enter into exchange and co
operation.
If we go the thuggish route, there are a few
problems. Others are going to fight back.
Others will hide what they have in their
possession and others are not going to willingly
co-operate with us.
On the other hand, if we come with goods and
services and offer them in exchange for other
goods and services, we will generally be
welcome with open arms.
Less battles, more goods and services. This is
the route most of us have chosen. Indeed, it is
because of the decision for most to co-operate
that we have a vast, complex economy that
makes available all sorts of goods and services.
But once we have made things and provided
services and have acquired things and received
services in exchange, we will want to store the
things we have made and acquired.
Do we really want to lug things around and lay
them down in a different place every night or
48
would it be better to find a place where we
would store things that we could return to
every evening? It would allow us the ability to
control more than what we can just carry and
free us from lugging things around all day.
This problem of what to do with things is not a
problem limited to us; the problem is pretty
much universal. And so, it could be wise for
each one of us as individuals to agree with
others that we should allow each of us to
control our own property and not bother the
other on his property. This is not because of
some natural law or natural rights. It is not
because of some utilitarian declaration that this
will be good for the most, but rather from our
own subjective view where we say individually:
“Hey, I need a place to put my things and so do
the other people around me. I’ll cut a deal with
them. They leave my property alone and I will
leave their property alone.”
And thus, a Private Property Society is born.
No one makes rules on my property as to what
I can and can’t do. I am left alone. And I will
leave others alone on their property.
Of course, over time, trading can occur where I
turn my property over to another for cash,
goods, services or another property, on a
temporary or permanent basis, but this is all
within the general trading and exchange that
can occur in a Private Property Society.
I hasten to add that this kind of society could
not exist without a general recognition by most
in a region that such a private property society
made sense to live in. And such a society could
49
handle any occasional thug or other criminal
who happened to attempt to violate the general
respect for property.
50
CHAPTER 7
LAND PROPERTY
51
rented from a landowner. From a fundamental
Private Property Society perspective, land
ownership would remain respected, but it
could be assigned over to another for a limited
period and under certain conditions or via a
complete permanent transfer.
The key here is general respect by people of
land property as the fundamental instrument
to keep peace and freedom. The world is a very
complex place and individuals have all sorts of
views on religion, culture and so on. To
demand that all others globally or in a region
respect and follow the tenants of a specific
religion or culture on their property is to
immediately set up conflict. Respect for land
property as a fundamental principle of respect
is a way to move away from this conflict. It
says, “Do whatever you choose on your
property. Honor any gods you choose to honor
(or none at all). Set any rules you choose on
your property. I will respect your property
boundaries and in turn I only ask that you
respect my property boundaries and allow me
to honor any gods I choose on my property (or
none at all) and set any rules I choose on my
property.” It is “live and let live” at the land
property level.
A society that generally adopts a PPS
perspective is a society that has taken a giant
step towards a structure that will promote a
great and general freedom, but this does not
mean a society must have no other rules.
Respect for the allowance of an individual to do
what he chooses on his property and to set the
rules for his property does not mean a given
52
group of individuals may not set other rules for
their properties. The respect for land property
is simply a first step, but a very important step
in eliminating much conflict.
53
54
CHAPTER 8
RULES BEYOND LAND PROPERTY
RESPECT
55
initiate (or threaten) violence against
the person or legitimately owned
property of another. That is, in the free
society, one has the right to
manufacture, buy or sell any good or
service at any mutually agreeable terms.
Thus, there would be no victimless
crime prohibitions, price controls,
government regulation of the economy,
etc.24
But a libertarian-NAP society would be just one
form of society that might emerge on some (or
all) properties in a PPS. Anything else would be
allowed on any other properties. The PPS is
simply a method that would allow libertarians
(and others) to be left alone to live under the
rules they choose to live under. It is not an
attempt to force the world under one set of
rules as determined by majority rule, a king or
a dictator. It would be a great advance from the
current situation where battles, killings and
political intrigue are used to gain power over
wide swaths of people.
The PPS is about removing power and thus
battles for power.
56
CHAPTER 9
CULTURE IN A PRIVATE PROPERTY
SOCIETY
57
Thus, it is an error to argue that at the the
umbrella Private Property Society top level,
where respect for private property is the only
guide, there must be a specific culture beyond
respect for private property that must be
observed by all. Cultures can be good or bad,
but to demand a certain type of culture must be
accompanied at the top PPS level or even the
libertarian non-aggression principle sub-level
is to introduce an unnecessary point of conflict.
A conflict that somehow must have winners
and losers, that is, oppressors and the
oppressed. It requires an adoption of rules
beyond respect for private property and the
non-aggression principle.
Certainly, it is not difficult to conceive that
under the umbrella of the PPS, we have a
libertarian non-aggression subset that then is
broken down into further subsets under the
libertarian non-aggression subset. But, there is
no reason to cry out and demand that all live
under certain specific rules of culture. This
would be a violation of PPS where we allow
others to do as they choose on their own
property.
There are many who now call themselves
anarcho-capitalists, that is those who believe
there should be no government, but who fail in
fully advocating an anarcho-capitalist society
because of their demands for a certain culture
as a necessary part of anarcho-capitalism. Not
all anarcho-capitalists hold that a certain
culture must accompany an anarcho-capitalist
society but those who do are limited
government advocates, that is, conflict
58
creators, if they demand that all must respect a
specific culture on all properties.
You can call a group that overrides full respect
for private property by many names, but in the
end, if it is some sort of over-ruling body it is
some type of government. It may be advocacy
for an extremely limited culture rules, but it is
still an advocacy for some sort of ruling body.
People who believe such an over-ruling body is
necessary should realize this. They are not hilly
anti-government in the sense that they do not
want any rules placed on individuals.
The fears that most hold about a non
government society, specifically a Private
Property Society, even when viewed from a
culture perspective are unjustified. We must
keep in mind what was discussed in Chapter 1,
“The Necessity of Government is a Myth”.
Despite the supposed protection of
government, for the most part we protect
ourselves and our children by staying away
from danger. It is a myth that government
protects us from danger. If government was the
key driver of protection of person and property,
locks on doors wouldn’t exist, nor would
babysitters.
Anyone who demands an overarching dictate of
what amounts to some type of cultural
“protection” on all private property, regardless
of the property owner’s desires, can’t possibly
believe that we protect ourselves. They, to at
least a minor degree, buy into the idea that
government protects. It is an extremely
dangerous notion, since one can think of many
government rules that can be made to protect
59
us all, starting with rules to “protect children”
and, say, the low IQ, the handicapped and so
forth. And once we accept that government is a
necessity, then the slippery slope begins. The
propertarian25 rejects this.
For the propertarian, it is at the core of PPS
that each person be left alone on his property.
A second foundational concept of the PPS is
based on the idea that people are capable of
taking care of themselves (and their children)
and that there is no need for over-ruling
bodies. It is the observation of the propertarian
that the actions of over-ruling bodies, despite
possibly initial good intentions, turn evil. The
danger with creating a central power is that it
creates a focal point that can be corrupted and
attempted to be controlled. There are
differences in what people desire and setting
up one set of rules for all results in conflict. It
results in attempts to gain control of the power
setting regime and we are once again left to
keep in mind the paraphrased warning of
Mises:
The worst thing that can happen to a
government advocate is to have his
country ruled by government officials
who are not his friends.
The message of the PPS advocate to the world
should be that central powers are extremely
dangerous, and that Lord Acton was very right
when he warned power corrupts. We really
protect ourselves. Creating any central power,
even on cultural questions, is creating a seed
that has always led to great death—hundreds
of millions of deaths.26
60
A PPS advocate would simply say. ’’Fine, if you
want to recognize and enforce Catholic Canon
Law, Islamic Sharia law, the Jewish Halakha,
be a hippie free spirit or have any other laws on
your property go for it.” But the PPS advocate
would recoil in horror at the idea that a set of
laws, irrespective of how they developed, must
apply to all properties.
Such a society with outside laws applying
everywhere would not be a non-governmental
society. It would be pretty much what we have
now, people butting into the actions of those
who are minding their own business on their
own property. Some will demand warning signs
from barking dogs, some will demand smoking
bans, some will demand punishment for
“offensive” speech, some will demand that
young men be drafted to fight and kill and be
willing to die.
Where does it stop? Who will make the rules
for all? Isn’t a private property society
preferable, where one can make one’s own
rules for one’s own property?
61
62
CHAPTER io
CRIME RESOLUTION IN A PRIVATE
PROPERTY SOCIETY
63
what is a “violation” of some abstract guideline
and what is not. Each property owner in a PPS
gets to set his own rules, which over time
would likely result in some degree of rough
uniformity in many regions.
The key difference between a PPS and a
government set of laws is that in a PPS each
property owner gets to determine his own
rules. This means that if he so chooses he can
base his rules on what he thinks is “inherently”
right or wrong, a religious code, on “positive
obligations” or phases of the moon for that
matter. The key being that no other property
owner would be required to honor such laws on
his own property and that others will stay away
from properties where they view the rules as
oppressive, dangerous or even just unclear.
It should be emphasized that there may be
some yahoos who have some insane rules for
their properties. Where the rules and
punishments are dangerous, most of us would
simply avoid those areas. To think, however,
that government or some over-ruling cultural
values must have power over all private
property is the first step away from freedom.
And once we take a step in that direction, it is
very difficult to reverse because most have a
pet law or cultural value that they want to see
instituted on all property. And then the battles
begin: Which rules, which laws, which cultural
values should be imposed on everyone?
Freedom is always about moving toward a PPS.
But let us think more about the individual that
has crazy rules. Indeed, this is going to result in
64
one of most controversial discussions in this
book, but it is applying PPS consistently.
Let us consider the most horrific underlying
case under a PPS and what would consistency
would mean here. We can highlight such a case
in the form of a question: “Should we have an
outside body institute some sort of rules or
regulations to protect us against the Crazy
Harry’s of the world when they have crazed
outlier rules for their property? Where they
shoot to kill a simple lost trespasser on their
property?”
The consistent propertarian must answer that
if we are going to adopt the boundaries of
property as the only rule and respect the rules
set by anyone on their property, then we should
not call for an over-riding rule to cancel a given
individual’s rules on his property. A
propertarian can certainly proclaim a rule
insane, even warn others about the rule. But
the minute we institute a regulation over all
private property, we have moved beyond the
Private Property Society into a world of
government where a man is no longer free to
set his own rules and do as he pleases on his
own land.
Of course, it is terrible that Crazy Harry would
shoot either a trespasser for failing to heed to a
bizarre regulation or, say a child for stealing an
apple. But we would just keep potential
trespassers and children far away from such an
individual’s property, the way we now do not
let four-year old’s roam alone on highways or
alone in bad sections of town. The minute we
start imposing rules on an individual’s property
65
we are moving in the direction of government,
which sets up conflicts and has resulted - I
emphasize once again - in the deaths of
hundreds of millions.
To avoid the fear of a potential crazed outlier
that can be easily avoided, and call for a
specific structure of society beyond respect for
property (that is, government rules), that has
definitively led to deaths and deaths and deaths
and more deaths is an error of looking at the
specific as opposed to the general.
Recently in New York City, a three-year old
child playing with a stove caused a horrific fire
where 12 died.27 It was the worst death toll by
fire in New York City in 25 years. But no one
will call for the banning of all stoves because of
the tragedy. It is recognized as an extreme
outlier event.
The world we live in is far from perfect, but to
introduce the great killer government because
of extreme outlier events is to suffer from
pathological altruism, that is blindness to logic
of the best way to act despite a specific event.28
We live in a world of disequilibrium where all
facts are not known to us in advance. To
attempt to design the world as though we know
in advance all possibilities leads to the most
horrific totalitarian states. It must because the
only way you can even attempt to control
masses of people is by making all kinds of rules
that limit all kinds of activity.
Hayek called it a fatal conceit to think we can
plan the entire world.29
66
Most people do recognize this on one level on a
daily basis. That’s why people get into cars
every day even though death occurs to people
in cars. It’s why people get on planes even
though planes crash. Should we have a
governmental rule that says no cars and no
planes are allowed because there are deaths?
Of course not.
Indeed, some people die every year by falling
out of bed.30 Should we have a governmental
rule that bans beds?
Should we ban all mushroom picking because
someone may not be aware what is a poisonous
mushroom and pick it?
We cannot eliminate risk from the world, even
when totalitarians attempt to ban almost all
activities - and what a “life” that would be with
so many bans.
Now, let’s return to the far-out possibility of a
Crazy Harry, who has crazy rules. A new person
to the area wanders onto the property and
breaks one of Crazy Harry’s rules, resulting in
Harry killing the person. That would be just as
terrible of a death as automobile accidents,
plane crashes and mushroom poisonings.
But we must ask, what is the alternative to this
incredible stretch of how a person could die in
aPPS?
And the answer is rules overriding private
property. That is, some form of government
that sets rules for all properties, thus
overriding the freedom of an individual on his
own private property.
67
Thus, the question becomes: To prevent the
one off-the-wall death that hypothetically
might occur, a death seemingly less likely to
occur than from an automobile accident or a
person eating a poisonous mushroom, do we
want to install a government- structured
society that has resulted in hundreds of
millions dead? A form of society where, as
Hayek pointed out in Chapter 10 of the Road to
Serfdom, the worst get on top31. Do we really
need to be reminded that Hitler, Stalin, and
Mao were all government men, government
leaders? If we ever end up with a PPS, do we
really want to overthrow it for a form of society
that has been led by such monsters?
This planet we live on is a very harsh place.
Using our minds, we cannot end all harshness
but only attempt to structure things in a
manner to minimize the harshness. Given the
nature of our planet, anyone can point out that
a form of society may result in bad, outlier
outcomes. The real question becomes the
comparative question of the economist, “The
harshness of the PPS compared to what?”
It seems a great folly to promote a society that
moves in a direction away from PPS and
toward a society that overrules private property
respect and has brought us true monsters via
the government structure.
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CHAPTER 11
PUNISHMENT IN A PRIVATE
PROPERTY SOCIETY
69
an event took place would be supreme. This
framework would not be inconsistent with “set
your own rules on your own property,” since
there are no objective measures of
compensation for NAP violations, only
subjective ones.33
This is not as alarming as it sounds. Few would
dare enter a wild west area, where no one
stipulates penalty codes in advance.
I suspect what would occur in a libertarian-PPS
is that property owners would stipulate that
they operate under an XYZ penalty code. That
is, different penalty codes would develop and
an owner could choose to recognize a certain
set.
But the rules would be civil, except for outliers
that everyone would avoid - just the way we
avoid bad areas now. In the great general
arena, things would be civilized. No one is
going to enter a Macy’s retail store if the
penalty for accidentally knocking over a vase in
one of their stores is death by beheading.
Each property owner would establish a penalty
code, either a generally recognized set of
penalty codes, or his own independent code.
There would be no fear of outrageous penalties
under these situations because if people
wanted to interact with others, they must have
“reasonable” penalty codes, but they would still
be in line with their own subjective values. Of
course, in these situations it would also benefit
most property owners to post and otherwise let
others know what penalty codes are in
operation and enforced on their properties.
70
Though there would be no requirement to post
punishment codes, since you can do whatever
you want on your property in a PPS, including
not posting punishments.
Still, there could be wild west areas, but most
would stay away from these areas, just like
most women alone, wearing short skirts and
expensive jewelry would stay off the streets of
San Francisco’s Tenderloin or Cologne,
Germany at 3:00 A.M.
In general, in the greater libertarian-PPS
society, reasonableness would win because
people wouldn’t enter, from their perspective,
unreasonable areas with extreme or unclear
punishment risks. It is just that none of us can
say for anyone else, as an outsider, what
reasonableness is for everyone in every case.
Thus, an outsider cannot determine the penalty
for a violation of NAP. An outsider, just as we
do now, must be aware of where he travels and
where it is dangerous. We know now, for
example, the countries and areas where
terrorists roam where an American would be
grabbed off the streets.
Regarding children, there is no parent who is
going to let a child near a situation where
penalties are not disclosed (and reasonable), in
the same way that no parent now lets a 3-year-
old girl wander alone on the streets of the bad
section of town at 3:00 AM.
In other words, there is an underlying trust of
free markets in a PPS, even when it comes to
punishment. People are not going to expose
themselves to dangerous situations. Again, the
alternative is government which has resulted in
many examples of horrific situations where
millions and millions have been killed.
As far as “proportionality” in punishment, what
exactly does this mean?
Let’s take the example of two eyes for an eye.
What happens if the blind singer Stevie
Wonder pokes someone’s eye out? Does that
mean that the victim only gets to poke out the
eyes of the blind Stevie Wonder? How is that
proportional?
There is simply no way that anyone outside of
the victim can tell us when the victim feels
sufficient compensation for a NAP violation.
The victim must demonstrate his
compensation parameters based on the
property rules of the property he is on, be it his
own property or the property of another that he
chooses to be on.
Macy’s is not going to have a policy of torturing
someone who drops a product on the floor.
Who would go to Macy’s under those
conditions? Reasonableness will develop in a
private property society but free exchange
driven reasonableness, not decrees from on
high.
The idea of “proportionality” suggests some
type of objective perspective. There is no such
thing. Let us look at a few more examples.
Suppose someone destroys the only picture I
have of my dead grandmother who was very
important to me. Who but me could determine
adequate punishment?
72
Suppose three men are intentionally hit by a
car and all three end up with paralyzed right
legs. One of the men is a couch potato, one is a
young man that used to love to play pick-up
basketball and the third is basketball superstar
LeBron James.
Is there a right answer to “proportional
punishment” for intentionally causing paralysis
of a right leg?
It could very well be the young man who liked
to play pick-up basketball lost the most. Maybe
Lebron has enough money and was pretty
much sick of playing and this gave him an
excuse to stop. You can’t measure
proportionality objectively. It is not an
objective fact.
As for dangerous areas of insane rules and
punishment, in this day and age it is not
inconceivable to think apps would emerge for
our cellphones, warning if we are about to
enter a private property area with hazy or
dangerous rules or hazy or dangerous
punishment. □
As for culture (beyond recognition of the PPS),
it could very well play a role in a Private
Property Society, but not in the manner most
would expect. In a true PPS, cultural values
wouldn’t act as a blanket on all members of
society, because this wouldn't recognize the
supreme superiority of property ownership
rules over rules set by others. That is, it would
not be the case where the cultural rules would
be above the sanctity of private property. That
doesn’t mean, however, that a large group of
73
people may declare that certain cultural rules,
religious rules, whatever, are the rules that are
respected on their properties.
It is likely many people would set rules on their
property in a PPS that will include set
punishments and culture. Say, for example,
some will subscribe to Walter’s rules of
property behavior, culture and punishment,
while others might subscribe to Murray’s rules
of property behavior, culture and punishment.
The point is that individuals would be able to
set up their own rules of behaviors and
punishments and except for the very daring,
the Marco Polos, people would stay out of areas
where the rules aren’t clear or dangerous.
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CHAPTER 12
POLICE PROTECTION IN A PRIVATE
PROPERTY SOCIETY
75
and your rules, but if you have a dispute with
one of our other clients, we want you to agree
that we can take this to our private court, were
we have the most wise and fair judges in the
world to determine the outcome based on our
rules.”
Now at this point. I can say “No thanks” or
because I am reasonable and have checked out
to see that the security agency’s judges are
indeed the wisest and most fair in the land and
the rules are fair, I sign up.
Notice here: No one is forcing me to use this
court and follow their rules, I am agreeing to
do so. I don’t have to. I can live without the
agency and court if I want. Or I can hire
another agency and a different court. What if
my agency comes up against my NAP violator
who has a different agency? I would imagine
such agencies would come up against each
other many times in a PPS. And if they are
profit seekers, they would just reach an
agreement in advance that if they come up
against each other they would use certain great,
wise and fair judges that they both have
decided on.
Of course, in my contract with my agency, they
would stipulate that when coming up against
other agencies, they would have the option to
determine how a dispute is resolved in which
court, by an agreement between the two
agencies.
All agencies would compete to be the wisest
and fairest in the land since that is how they
would get clients - and compete that their
76
rules are the best. An agency that was crooked
wouldn’t last long.
Notice again, no over-ruling laws. Choose your
security agency by the way it operates with its
own clients and rules, and how they operate
with other agencies that might have different
rules.
And so, without an over-ruling body, a private
property society could exist, with paramount
respect for the rules set by the property owner,
and at the core security agencies would agree to
protect a property.
Rothbard discussed how something close to a
PPS police protection system existed for an
extended period in ancient Celtic Ireland:
For a thousand years, then, ancient
Celtic Ireland had no state or anything
like it...
The basic political unit of ancient
Ireland was tuath. All “freemen” who
owned land, all professionals and all
craftsmen were entitled to become
members of a tuath... which decided all
common policies... An important point
is that in contrast to other tribes, no one
was stuck or bound to a given tuath,
either by kinship or of geographical
location. Individual members were free
to, and often did, secede from a tuath
and join a competing tuath.35
It is only because we were born under a certain
system and have lived under it our entire lives
that it makes it difficult to understand how a
different system could exist or, indeed, how it
might have existed.
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CHAPTER 13
“NATIONAL” SECURITY IN A
PRIVATE PROPERTY SOCIETY
79
Maori who cooked and ate many of the Morori
bodies.36
What could propertarians have done in such a
situation where no government military
existed?
First, we must consider how governments
consider attacks and how it would be different
in a PPS.
All governments consider attacks inside their
boundaries as attacks on the entire nation. But
why should this be so?
Let us take the United States as an example.
North Korean missiles may be a threat to parts
of the U.S. especially the West Coast, but it is
unlikely that North Korea is a serious threat to,
say, Key West, Florida.
An invasion by Mexico might be a concern for
Texas or Arizona, but it would be a stretch to
think there is much concern about such an
invasion by residents of Maine.
In other words, threats to different parts of the
United States are different, but the U.S.
government lumps them altogether as though
the cost of support should be spread across all.
That is the residents of, say, Maine are coerced
to pay for defense of all kinds of places, e.g.
Texas and California, even though Maine does
not face these threats.
If an area is too difficult to protect the residents
of an area, perhaps they should pick up and
walk away rather than force residents of Maine
to help in their protection. This is not such a
80
radical notion if the cost is great. In real life
these types of decision are made all the time.
If a category 5 hurricane is about to hit the east
coast of Florida, we do not pitch a tent on the
sands of Miami’s South Beach and then build a
million-dollar protective building around the
tent and demand the residents of Maine
contribute to the cost of the structure. We pick
up our tent and let nature take its course.
Something of the same might occur in a PPS. If
there is a real threat of attack or invasion, it
may be too expensive to protect the land. The
best option may be to leave. On the other hand,
another option might be that some may see the
threat as insignificant and stay on the land.
There is also a third and fourth option.
A third option might be that, say, builders see
fertile ground for building in an area, but
recognize that people would be afraid of attacks
in the region by outside forces. Thus, the
builders must provide the necessary protection
as part of the building package. Clearly, this
would require either builders working together
to provide protection or one large builder to
provide what is necessary - a nuclear missile
defense, a standing army, whatever. Indeed,
builders may even consider it cost effective to
take out a nuclear threat. Remember, under the
NAP, people can respond to the threat of
violence. Under the libertarian part of the PPS
umbrella, it would be perfectly justifiable for a
builder group, or any other group, to take out a
nuclear threat. With their own dime, of course.
81
As Rothbard put it in recognizing the difference
between nuclear weapons and conventional
weapons:
[An] answer that the libertarian is
particularly equipped to give is that
while the bow and arrow and even the
rifle can be pinpointed, if the will be
there, against actual criminals, modern
nuclear weapons cannot. Here is a
crucial difference in kind. Of course, the
bow and arrow could be used for
aggressive purposes, but it could also be
pinpointed to use only against
aggressors. Nuclear weapons, even
“conventional” aerial bombs, cannot be.
These weapons are ipso facto engines of
indiscriminate mass destruction...We
must, therefore, conclude that the use of
nuclear or similar weapons, or the threat
thereof, is a sin and a crime against
humanity for which there can be no
justification.37
A fourth option might be some type of non
profit that raises money from residents to
develop different defense protections. Not
everyone would participate and donate but few
donate even to intellectual institutions that
attempt to spread ideas “to save the world,” or
art museums, or the local symphony, or local
hospital - but some still do. It is difficult to
think that donations wouldn’t be robust for
local defense.
In a PPS, therefore, only by those in the area
who fear the risk and are willing to pay for it
would absorb the protective costs. It may be
82
that some areas are so vulnerable to attack that
it would cost so much to protect, just like it
would be too expensive to protect a tent on a
beach during a hurricane. But since defense
against attack in a PPS would not be
susceptible to the crony military-industrial-
complex and government collusion that makes
national defense so expensive, total net defense
expenditures in a PPS would be much more
efficient and less costly than they are now
under government operation. A region would
only want and pay for defense protections that
they would consider necessary for their region,
so say goodbye to the military-industrial
complex.
83
84
CHAPTER 14
LAND DISTRIBUTION IN A PRIVATE
PROPERTY SOCIETY
85
under this plan, no one will be losing any
property from the period of the pre-PPS.
It should be kept in mind that initial
distribution of land has nothing to do with
preventing changes in land ownership over
time. Land is simply one good and some
owners will certainly be willing to part with
some ownership to gain services or other
goods, which means the ownership structure of
property amongst individuals in a PPS could
very well change over time - and very likely
would.
Indeed, this may be a good point to introduce
the important observation of the economist
Israel Kirzner, that an entrepreneur need not
have any land or capital of his own to discover
potential entrepreneurial profit opportunities
and take advantage of them.38 If we recognize
this very important observation, it is easy to see
how an entrepreneur without any initial land or
capital may be able to gain land ownership.
Further, it may occur in a PPS that landowners,
just as they do now, may be willing to sell
properties for cold hard cash.
The world we live in as a world of inequality.
One individual may be born into land, but with
little in way of skills. Another may be born with
nothing in terms of land ownership, but may
have great skills, say a major league baseball
player that makes many millions of dollars.
Most of us fall in the middle of these two
extremes, some of us with a little more in skills,
other with a little more in land property. The
important thing to keep in mind is that free
86
exchange will increase the general standard of
living and is generally beneficial for most of us
and why, from an individualist perspective,
most of us should desire such a society.
When it comes to virgin land, again it is not
extremely significant how it is divided at the
start. If the United States government were to
end ownership of the 640 million acres it
currently owns and in some fashion divided up
ownership, how the division takes place is of
secondary importance to a PPS outcome for the
land. The division may occur by Lockean
homesteading (the mixture of land and labor),
by lottery or by a billionaire taking control of
all the land. In the end the billionaire is likely
to trade some of the land for other goods and
services (or even different lands). Initial
ownership of new land does not hurt our
current spot in life if we don’t own any of the
initial land. And advancing the PPS, even if
others initially get the land, will be a plus for
us. The more land available (even if owned by
others) means greater supply of land and lower
land prices for all of us in the long run. It’s
basic supply and demand.
Therefore, it is important to support the
takeover of land currently controlled by the US
government, on a PPS-basis, even if we don’t
initially get any of the land. The same goes for
explorers who gain property on the moon,
Mars or beyond the galaxy. The breaking in of
new land by pioneers who hold a PPS
perspective is always a plus. That John D.
Rockefeller owned the land at Rockefeller
Center and built the Center has been a plus for
87
us. It is a place for us to shop, eat and, in the
winter, skate and view the great Rockefeller
Center Christmas tree for free. And it provides
office space for many more. The same goes for
the land owned by Walt Disney, J. W. Marriott
and the many developers throughout the
country. We don’t need to be the initial owners
of virgin property in a PPS to gain an increase
in our standard of living because that property
now has other owners. It can happen because
in many cases the virgin owners will want to
convert their land into profitable enterprises by
providing something of value to the rest of us.
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CHAPTER 15
ON PROMOTING A PRIVATE
PROPERTY SOCIETY
89
our basic nature. It is a concept that the masses
can easily grasp and it’s difficult to wander too
far from the basic concept.
90
noble pursuit. It should be the engine that
drives us against the evil of power seekers.
91
The intelligentsia is a status class of educated
people engaged in the complex mental labors
that critique, guide and lead in shaping the
culture and politics of a society. The
intelligentsia generally includes artists,
teachers, academics, writers, journalists and
the literary hommes de lettres.41 They are,
indeed, second-hand dealers in ideas. They are
very important.
92
twentieth century intelligentsia divided
philosophically into conservative idealizers of
the past (whose landholdings gave them a
vested interest in maintaining the status quo)
and liberal reformers advocating development
of capitalism.42
93
to academic social science or the
humanities, since in the U.S.S.R. these
fields were political minefields, difficult
for decent people to negotiate. But most
seemed to dabble in poetry or
playwriting, and all could recite large
chunks of Evgenii Onegin from
memory.
94
The main lesson which the true liberal
must learn from the socialists is that it
was their courage to be Utopian which
gained them the support of the
intellectuals and thereby an influence on
public opinion... Unless we can make the
philosophic foundations of a free society
once more a living intellectual issue and
its implementation a task which
challenges the ingenuity and
imagination of our liveliest minds, the
prospects of freedom are dark. But if we
can regain that belief in the power of
ideas which was the mark of liberalism
at its best, the battle is not lost.
95
discuss libertarianism and the PPS. Please visit
the site and leave your comments and enter the
battle.
96
CONCLUSION
97
kids so that they don’t get themselves in harm’s
way.
I view the idea that “government is necessary”
as a great myth. Government, for the most part,
is simply an organization that seeks to survive
and expand, driven by the people in charge of
it. A change in government power is simply
new people taking over power spots.
Government does not protect us against
terrorists, it does not improve healthcare, it is
terrible at charity and the police do little to
protect us against crime. Government is a
propaganda machine that creates the
impression that it is needed for all these
matters when in fact it is a suffocater of real
solutions in these areas.
A Private Property Society is a society where no
government exists, but where individuals
recognize private property and the individuals
on that property are respected and left alone.
But the PPS is only a great umbrella that
creates peaceful understanding amongst all of
us. Under that umbrella we do need laws on
properties. My perspective is that the
libertarian non-aggression principle is the
“under the PPS umbrella” form of societal
organization that would advance freedom and
the standard of living the most. However, as a
first principle, I hold to the PPS as the
foundation of peace amongst neighbors and
will not interfere with those who respect the
PPS principle but desire to go in a direction
different from the libertarian NAP.
To a limited degree, parts of the PPS principle
are in effect here the United States, but the
98
operative word is limited. On almost a daily
basis, people look to government to do more
and more, thus, setting up more power centers
and more potential for conflict.
The way of government, that is the way of
power centers, is not the way to freedom and
greater prosperity for all of us. Governments
have killed hundreds of millions and in the
current day limit the freedoms of billions.
Isolated government military battles and
related injuries and death continue, with the
constant threat of exploding battles
overhanging over us. The government structure
is a failed structure whose logical faults we can
easily recognize under careful examination.
Civilized people should not provide a welcome
mat for governments. Simple respect for
individuals and their property is the mark of
the civilized individual.
99
100
ENDNOTES
3. @jeffreyatucker
101
9. I am aware there has been some
revisionist history on the “Wild West”
that argues it was not so wild. I am not
using the term here in the sense of a
specific period in history but merely as a
metaphor for an out of control, that is,
wild society, whether in fact such a
period ever did exist in reality.
102
17- John Locke, An Essay Concerning
Human Understanding (Hackett
Classics, 1996) p 27
103
26. R.J. Rummel, Death by Government:
Genocide and Mass Murder Since 1900
(Routledge; Revised edition,February 1,
1997)
27. CNN: Bronx fire started by child playing,
https://epj.doud/2CetQI9
104
36. Jared Diamond, Guns, Germs, and
Steel: The Fates of Human Societies,
(W. W. Norton & Company;(March 7,
2017)) 53
37. Rothbard, The Rothbard Reader
Chapter 32
38. Israel M. Kirzner, Competition and
Entrepreneurship, (University of
Chicago Press; September 15,1978)
39. Unless, of course, you like to think about
it for purely intellectual enjoyment.
40. John Maynard Keynes, The General
Theory of Employment, Interest, and
Money (Stellar Classics, May 5, 2016)
Chapter 24
41. Wikipedia Intelligentsia
https: //epj .cloud/2Br7aaK
42. Country Studies The Intelligentsia
https: //epj .cloud/2H4oD9w
43. City Journal Intelligentsia Elegy
https://epj.cloud/2EY6Gc9
44. Murray N. Rothbard, Toward a
Strategy for Libertarian Change
(unpublished private paper)
105
io6
ACKNOWLEDGEMENTS
107
io8
ABOUT ROBERT WENZEL
109
What they say about Private Property Society Theory: