Lysander Spooner: Libertarian Hero

Brainpolice — Wed, 28 Jan 2009 06:26:00 GMT

The American individualist anarchist Lysander Spooner was one of the last natural law philosophers of the 19th century, and his crowning achievement is arguably the total demolition of the myth of the social contract. Spooner applied a libertarian theory of natural law to the United States Constitution that lead him to reject the authority of the constitution, leading to his radical work "No Treason: Constitution of No Authority", in which he applied common sense standards of justice and contract law to political institutions that delegitimized them. Spooner proved beyond the shadow of a doubt that the state is not genuinely based on consent, that the standard social contract and democratic arguments for the sovereignty of the state is a fraud.

Spooner was also a slavery abolitionist and a strong supporter of the principle of individual secession, which goes hand in hand. While maintaining a radical opposition to slavery, he simultaneously opposed the concept of "the union" and opposed the civil war. He more or less accused the northern states of only reforming and expanding slavery, although he wasn't necessarily completely sympathetic to the confederacy either. Furthermore, he tried to outcompete the government in mail delivery and got shut down by the government. Another notable feature of Spooner is that he explicitly took the position that vices are not crimes, coinciding with the standard libertarian opposition to prohibition laws and authoritarian forms of social planning. While Spooner may have a legalistic aura, his legalism was not statist in nature and he more fundamentally was working with ethics when it comes down to it.

Spooner was loosely associated with the individualist anarchist Benjamin Tucker and the periodical "Liberty". While in the grand scheme of things Spooner's political philosophy was similar to that of other individualist anarchists, it could be said that his approach to property appears to have a distinctively neo-lockean element to it, although Spooner is actually claimed to be a libertarian socialist by some. In either case, some genuine dividing lines did emerge as Benjamin Tucker adopted an egoist position under the influence of the work of Max Stirner, which philosophically clashes with Spooner's natural law position. Spooner was a strong advocate of "natural rights", while a Stirnerite egoism rejects the very concept of "right". So in a certain sense, from that point onward individualist anarchism can be seen as splitting between natural rights proponents and egoists, with Spooner remaining on the natural rights side.

Spooner could be viewed as the first political theorist to take natural law philosophy to the conclusion of anarchism. While Proudhon had of course already come to the conclusion of anarchism, his approach wasn't necessarily a strict natural law philosophy. The earliest natural law philosophies actually justified political absolutism. It wasn't until guys like Locke and Jefferson that it began to meaningfully take a more liberal character, justifying limits on political institutions. But all of these natural law approaches prior to that of Spooner ultimately justified state sovereignty on the grounds of some kind of social contract concept. Spooner took natural law philosophy to its logical conclusion by demonstrating that it is impossible for any state to genuinely be contractual as a state qua state, that all currently existing states must be illegitimate by the standards of natural law. Even Locke invoked the concept of the social contract being undoable, but he didn't take this far enough.

In a sense, Spooner can be seen as merely continueing the Jeffersonian project. The views of some of the later natural law philosophers and classical liberals such as Jefferson and Paine was arguably proto-anarchist in nature. "Philosophical anarchism" was common among the more radical American liberals and heavy emphasis was placed on decentralization. But they always ultimately maintained a pragmatic support for a minimal level of government. Spooner was the first natural law philosopher to overcome this limit, arguably representing the culmination of natural law philosophy. The developement of natural law philosophy in America more or less ends with Spooner, until Murray Rothbard picked it up around a century later and drew heavily on Spooner as a referance.

Spooner has a unique place in the history of anarchism and is worthy of it.

Definitions

Brainpolice — Fri, 18 Apr 2008 05:08:00 GMT

So I put together some relatively witty definitions of my terms. If you're not offended by at least one of these, then you are awesome!

Constitutionalism - The belief that a piece of paper drafted and signed by a tiny aristocracy of men is a legitimate perpetual contract that makes the government voluntary on the part of those within a society that did not sign the document and limits the powers of governmental agents for all of eternity.

Minarchism - The belief that there can be a government limited to the protection of rights without violating rights in and of itself; the belief that all goods and services should be provided by the free market yet somehow the principle magically doesn't apply to the defense and arbitration industry.

Democracy - The belief that the government is controled by the people simply because every few years they get to punch a hole in a piece of paper with the names of a few rich and powerful men on it.

Nationalism - The belief that imaginary lines on a map constitute real and meaningful property boundaries; the belief that territories have human traits or personalities of their own; the belief that immigration is the spawn of satan.

Objectivism - The belief that the initation of force is wrong yet somehow it is permissible to arbitrarily invade Iran and Venezuela because "we" have oil interests there; the belief that only romanticism is real art; the belief that you can eliminate taxation and still have a "government".

Political Libertarianism - The belief that the state is inefficient and immoral yet for some strange reason the state is the only viable means by which we can bring about liberty; the belief that democracy is tyrannical yet we must use it to our advantage.

Paleoconservatism - The belief that conservatism was hijacked by leftists and communists and that the "true conservatives" are those who support protectionism and white nationalism; the belief that you're more conservative than those creepy neocons yet somehow you support just about as powerful of a government as they do.

Christianity - The belief that the path to salvation lies with devotion of one's life to a Jewish zombie hippie who is his own father.

Satanism (Laveyan) - The belief in the writtings of a former carnie con artist who haphazardly threw together the ideas of Ayn Rand and Aleister Crowley, incoherant ramblings on the Enochian key and rhetoric to drawn in rebelious teenagers.

Zionism - The belief that because your people were nearly liquidated once, you have an inherent right to liquidate others and forcibly remove them from their own territory.

Religion - The belief that fairy tales from centuries or millenia ago passed down through shaky oral tradition and written down by fallable men are actually absolutely true and codes to live one's life by.

Collectivism - The strange belief that groups have a mind of their own yet their component parts don't.

Altruism - The belief that self-destructive servitude for the sake of others is the greatest virtue; the belief that everyone should mutually be slaves to eachother.

Epistemological Subjectivism - The belief that all truth claims can be reduced to mere personal opinion or preferance, yet somehow this view isn't a mere opinion in and of itself.

Epistemological Nihilism - The belief that there is no such thing as truth, yet somehow it is true that there is no such thing as truth.

Statism - The belief that it is not only moral but necessary for a particular group of individuals to do that which is openly aknowledged as being immoral and not necessary for everyone else to do; moral hypocrisy at the institutional level.

Primitivism - The strange belief that living in a cave or mud-brick hut or as a hermit in the woods is preferable to modern industrial society; the romantisization of long gone tribal and hunter-gatherer societies (in which life was nasty, brutish and short) as peaceful and prosperous utopias.

Welfarism - The belief that the poor can be helped by giving them back a tiny chunk of what was originally stolen from them and keeping them in a state of dependancy on the government; the bribery of the lower classes.

Inflationism - The belief that all problems can be solved by simply printing up more money, despite overwhelming evidence that the arbitrary creation of new money creates problems in and of itself.

Monetarism - The belief held by a bunch of Chicago School economists who think that they are free market proponents but really are quasi-Keynsians.

Anarcho-Syndicalism - The belief that corporations are evil yet somehow corporate dominated, government chartered and cartelized unions are the path towards a free and stateless society.

Hobbesianism - The belief that a highly pessemistic view of human nature that entails war of all against all justifies absolute control by the state, despite the fact that the state is made up of *gasp* human beings.

Radical Environmentalism - The belief that the planet itself has intrinsic value and that human beings are inherently evil parasites on the face of the planet; the modern religion of nature-worshop.

Globalism - The strange belief that large-scale conflict and war would end if only we put all political power in the hands of a singular oligarchal institution with control over everyone in the entire world.

Animal Rights - The belief that non-human entities deserve human rights; the belief that chickens and bumble bees should be equal before the law; the attempt to liberate the unliberatable.

Marxism - The belief that some crazy rich German guy has predicted an inevitable egalitarian future and has mapped out the path towards the liberation of all poor and working people through the work of a benevolent dictatorship.

Racism - The strange belief that a particular roll of the genetic dice entitles and requires one to completely separate themselves from others with another particular roll of the genetic dice; the collectivism of bubble-headed bigots.

Brainpolice : Social Contract, Libertarianism

Lysander Spooner: Libertarian Hero

Definitions