Brainpolice : Vulgar Libertarianism

Putting The NAP In Its Proper Context

Brainpolice — Mon, 19 Jan 2009 00:55:00 GMT

I contend that the non-aggression principle is not a contextless axoim and it requires a specific definition of the difference between genuine self-defense and the initiation of violence. There is a grave problem that thin libertarianism and plumb-line libertarianism runs into, which is that the non-aggression principle has to be properly specified and taken into its proper context relative to other more specific principles or values. Otherwise, one's conception of libertarianism may start to undermine itself by either assuming values that contradict the NAP or through vagueness in the definition of what constitutes the initiation of violence.

For example, I would contend that the value of revenge and the traditional concept of punishment inherently undermines and violates the NAP. I consider them to constitute justifications for ex-post-facto violence, which is a particular form of the initiation of violence. I would also contend that an absolutist view in favor of violence in defense of property rights undermines and violates the NAP because it justifies pre-emptive violence on the mere grounds that someone is on your property. So I think that genuine self-defense has to be clearly distinguished from pre-emptive and ex-post-facto violence, and the context for genuine self-defense is an actual threat to one's life.

The absolutist view, in contrast, is completely arbitrary because anyone at any time can just go "hey, you're on my property" and cap someone. But merely being on someone's property is an arbitrary reason to justify the initiation of force. You need more of a specific context than just "there is someone on my property". The "punishment" of being shot to death isn't even remotely proportional to the crime of trespassing or loitering. Compared to life vs. death, tresspassing and loitering is a fairly minor matter. It certainly does not merit arbitrarily shooting people unless the people truly do present an overt threat of force.

Furthermore, I reject the idea that being on someone else's property means you forfeit your right to life and liberty. It might mean that you have an incentive to generally cooperate, compromise and abstain from infringement, but not that you lose all of your rights all of a sudden. A theory of property rights that overtly undermines the right to life and liberty needs to be fixed, otherwise it is going to be hopelessly inconsistant, even sinking to the level of justifying what are clear cases of assault and murder. Clearly, a consistant theory of rights has to uphold all of the rights, not misdefine rights to the point where one's alleged defense of one right inherently violates another right in the overall network of rights-concepts.

While Objectivists may tend to have a more integrated social philosophy than thin libertarians, Objectivists also fail to put the NAP in it's proper context, since at least the Piekoff-influenced Objectivists openly justify pre-emptive violence on the largest scale possible in the form of the invasive military apparatus, and there is a degree to which Rand was wishy washy on questions of American imperialism and she definitely seemed to throw a bit of a bone to the political right on questions of foreign policy. The problem with this interpretation of the NAP is that it totally turns a blind eye to the mass-death of innocent bystanders in the crossfire of conflict between nation-states. Scruples over private military proposals aside, thin libertarians actually tend to be pretty good on these sort of questions.

Where thin libertarians tend to fail most, however, is in the realm of pre-emptive violence on a smaller scale, in the context of individual private property owners. It's at this point that thin libertarianism may carve a possible path towards vulgar libertarianism, with the baggage of advocacy of the alleged right of property owners to arbitrarily shoot alleged tresspassers and justifications for feudal or quasi-feudal landlordism. These kind of libertarians tend to treat property rights as axoimatic, and effectively they trump life and liberty in their framework. The tendency is to act as if property rights grants completely arbitrary or absolute decision-making power over other people who are on or make use of your property.

This is problematic because it creates tension with the more fundamental principles involved in individual sovereignty. The fact that I'm on someone's property or the fact that I may technically be capable of leaving someone's property does not mean that literally whatever they decide to do to me is inherently justified. The decision-making power that property rights grants a person should not be completely arbitrary, since it always must be put into the context of consistantly respecting other people's rights. Being on someone else's property should not imply that you are their defacto slave or no longer deserve to live, only that one probably has to compromise with the owner in order to make use of the property. Owning property should not logically grant someone completely absolute and unilaterial decision-making power over other people.

So if views on the NAP or the use of violence in general could be put on a spectrum or organized, I'd categorize it like this: (1) Pacifism - All violence is unjustified, including self-defense (2) Thick Libertarianism - The initiation of violence is unjustified, self-defense is justified when there is an actual threat to life (3) Thin Libertarianism - The initiation of violence is unjustified, except in defense of property rights, which is to be categorized as self-defense (4) Objectivism - The initiation of violence is unjustified, except when it is rational "retaliation" (I.E. ex-post-facto or pre-emptive violence is justified), which is to be categorized as self-defense. The problem with both elements of Objectivism and thin libertarianism is that they smuggle in initiations of force by miscategorizing them as self-defense. The thick libertarian option seems the most rational.

"Plumbline Libertarianism" Pro and Con

Brainpolice — Fri, 19 Dec 2008 02:03:00 GMT

Those familiar with Walter Block should know that he advocates taking what he calls a "plumbline" approach to libertarianism that is neutral to the left/right scale or dichtomy. At face value, I agree with this if one is refering to the warped way in which the left/right scale is commonly construed in mainstream politics, since such a political spectrum cannot practically take libertarianism or anarchism into account. And while the Nolan Chart is certainly an improvement, I also have some problems with it due to the use of a dichotomy between economic and personal liberty.

The essence of plumbline libertarianism is that it subsumes anything that is voluntary and that the "tent" of the libertarian movement can theoretically be open enough to accomodate a wide range of groups, and at face value I agree with this as it is basically the equivolent of anarchism without adjectives. There is a degree of overlap between libertarianism and various other positions and there is a wide array of personal preferances that can be put into a libertarian context. On the other hand, the "tent" of the libertarian movement is supposed to be narrow or closed insofar as it's a question of voluntary interaction vs. coercion, and this is supposed to be represented by "the plumbline".

All this being granted, there are some serious problems that arise for someone trying to take such an approach to libertarianism, because one has to properly identify precisely where the plumbline is and what constitutes coercion, and it is at such a point that the internal divides of the libertarian movement become increasingly relevant. Various libertarians have completely different conceptions of where the plumbline starts and ends, and consequentially they have completely different conceptions of who belongs or doesn't belong in the libertarian movement. Someone could claim to be a plumbline libertarian and yet be rather partisan or incorrectly biased in terms of where they draw the lines.

There also may be a danger of plumbline libertarianism devolving into an oversimplication or a "thin" libertarianism that treats the status quo as being more voluntary or just than it actually is and brushes aside all concerns that don't directly relate to the use of force (although it may indirectly relate to it). Some of the vulgar libertarians seem convinced that they are simply remaining true to "the plumbline", but they are actually misusing libertarian theory as apologetics for currently existing structures and relationships in the economy. It is not true that libertarianism has nothing to say about anything other than the state.

While I don't believe that you need to have the exact same epistemology or metaphysics as me to be a decent libertarian, I think it's important to emphasize that the philosophical presuppositions that are used to lead to libertarianism are not irrelevant because the "libertarianism" that they lead to may not necessarily be the exact same "libertarianism". What positions one held prior to becoming a libertarian are also relevant, as they may still be reflected in someone's interpretation or understanding of libertarianism. People tend to still cling to biases held prior to their introduction to libertarianism.

In summary, I think that the notion of a plumbline libertarianism is sensible and noble at face value but it also poses certain dangers and it must be properly grounded in order to make sense. If it is not properly grounded, then it functions disingenously as a mask or cover for something more partisan or biased than what is being claimed.

Transcending Anarcho-Semantics

Brainpolice — Sat, 06 Sep 2008 15:49:00 GMT

There is a reoccuring problem that occurs within internal libertarian and anarchist discourse that I like to call the anarcho-semantics problem. The anarcho-semantics problem most often occurs in discussions and debates between socialist oriented anarchists and free market libertarians, in which there is a massive communication barrier and consequentially endless misunderstandings. The meanings attached to terms such as capitalism, socialism, libertarianism and anarchism vary significantly, and consequentially discourse often devolves into confused flame wars between partisan camps. Both similiarities and distinctions between various partisan camps are blurred, and confused multi-identity complexes may emerge. Each respective camp has its own esoteric language and specific choice of associations.

Those who identify as socialist or collectivist tend to think that laissez-faire economics is merely apologetics for rich or privileged elites, and thus they tend to close their minds to it from the start. As they understand it, capitalism is an inherently authoritarian system that creates negative conditions for workers and people of meager means. Thus, anyone identifying as capitalist is assumed to be defending such negative conditions and various groups of rich or privileged elites. As a consequence, they may tend to bait those who identify as capitalist or individualist into defending such things. Furthermore, any attempt to create a link between laissez-faire economics and anarchism is viewed as a contradiction in terms, and thus those who do flirt with such a combination are demonized.

In response to such attacks, those who identify as capitalist or individualist tend to function in a number of ways. Some of them truly are apologists for the conditions and privileges in question, and thus they don't even need to be baited into playing such a role. This role is known as vulgar libertarianism. Others do not have such intentions but allow themselves to be baited on and off into playing such a role. This is vulgar libertarianism in a less overt sense in that the person is being baited. And still yet others have no such intentions and have no choice but to repeatedly attempt to clarify what their position actually is and that they actually do not favor or defend the conditions and privileges in question.

The fine tuned individualist quite likely actually opposes the very same privileges and negative conditions that the collectivist or socialist does, only they approach it from a different angle and use different terminology. However, the general tendency in political discourse is for even these people to be attacked as if they defend such things, consequentially erecting a gigantic straw man of their position. They have no choice but to continually clarify that a genuinely free market, as they define and understand it, should not be conflated with the status quo. But the naive socialist or collectivist types continue to mistakenly act as if laissez-faire is the status quo, and hence continues to point the finger at all laissez-faire advocates to blame them for the status quo, which becomes a propaganda tool.

Those who identify as capitalist or individualist tend to think that socialism is an inherently authoritarian system that creatives negative conditions and special privileges. From their perspective, socialists merely engage in apologetics for government controls on people's private lives. Socialism and government control are essentially the same thing in their worldview. Thus, anyone identifying as socialist is assumed to be defending such government controls. As a consequence, they may tend to bait those who identify as socialist or collectivist into defending such things, including the dictatorships and violent actions that have been perpetuated in the name of socialism or collectivism. Furthermore, any attempt to create a link between socialism and libertarianism is viewed as a contradiction in terms, and thus those who do flirt with such a combination are demonized.

In response to such attacks, those who identify as socialist or collectivist tend to function in a number of ways. Some of them truly are apologists for virtual absolute government control and historical acts of overt violence perpetuated in the name of socialism, and thus they don't even need to be baited into playing such a role. Others do not necessarily have such intentions but nonetheless allow themselves to be baited on and off into playing such a role. And still yet others have no such intentions and have no choice but to repeatedly attempt to clarify what their position actually is and that they actually do not favor government control or any kind of overt violence.

The fine tuned collectivist quite likely actually opposes the very same government control and overt violence that the capitalist or individualist does, only they approach it from a different angle and use different terminology. However, the general tendency in political discourse is for even these people to be attacked as if they defend such things, consequentially erecting a gigantic straw man of their position. They have no choice but to continually clarify that a genuinely socialistic society, as they define and understand it, should not be conflated with the status quo or much of anything that most people would call socialism in name. But the partisan capitalist and vulgar libertarian types continues to point the finger at all socialists or collectivists to blame them for the status quo and accuse them advocating a return to the same methods that the Soviet Union used, which becomes a propaganda tool.

What one finds interesting upon a nuanced analysis is that the most honest and honorable people from both of the capitalistic and socialistic camps tend to overlap in their desired ends. They actually share many goals, such as the improvement of living standards for the masses, general prosperity, peace and cooperation. But the warped nature of the contemporary political spectrum has skewed and polarized their associations and alliances, pitting them against eachother while pushing them into alliances with groups that theoretically are their political enemies. Thus we free market libertarians allying with conservatives and libertarian socialists allying with marxists and leninists. And we see libertarian socialists spending more time on propaganda campaigns against market anarchists than they spend critisizing authoritarian socialists and actual conservatives.

When the semantic ambiguities and partisan misunderstandings are whittled away, what one is left with is mostly a diverse group of people with commonly good intentons who happen to use entirely different terminology and conceptual angles to describe, support and oppose what is practically the exact same set of things, and beyond this it boils down to little more than a matter of personal preferance. They're all opposed to the status quo and the negative conditions and special privileges that are associated with it. The concepts and systems that they use to describe what they support and oppose varies, but the essential content of the matter is surpisingly similar. This is not necessarily to say that they are completely identical, but by the very least they are nowhere near as far apart as the semantics and contemporary politics involved would suggest.

False Realism and Utopianism

Brainpolice — Thu, 26 Jun 2008 02:26:00 GMT

Conservatism is a defense of the existing order or past existing orders as "natural". Any potential alternative to the existing order or to the romantisized past order is immediately brushed aside as "unnatural" and "utopian" or "idealistic". In the conservative view, all existing inequalities are "natural" in a sort of deterministic sense. The conservative strongly emphasizes nature over nurture to explain and defend currently existing or past existing conditions. On the other hand, utopian left-wing ideologies such as Marxism strongly emphasize nurture over nature and hence attribute the vast majority if not all currently existing conditions and inequalities to political, economic and cultural influences in a deterministic sense. Nothing short of a significant transformation in human nature can possibly obtain the ultimate end sought of a purely egalitarian society, and the desirability and implications of such a purely egalitarian society is alarmingly questionable upon reasonable reflection.

The conservative errs in considering the existing order or past orders to be inevitable into the future or that they can possibly sustain themselves perpetually. They tend to ignore the extent to which inequalities are the effect of influences such as state intervention and bureaucracy. The conservative tends to defend the unequitable effects of state intervention as if they came about naturally on the free market, and therefore concludes that currently existing disparaties between various groups of people are both inevitable and justified. When anyone proposes or attempts to change such conditions or the existing order in general in a significant way, the status quo is defended by the conservative. The conservative has little to no concept of the dynamic nature of society over time and fails to see the potential changes that can be made and the advantages that can be reaped. Conservatism can be seen as a very pessemistic view in a sense, particularly pessemistic towards the future.

The marxist engages in the opposite error. They blame all existing inequalities and negative conditions on the non-existant free market and then arbitrarily proclaim that it's just a phase of history that will inevitably be surpassed by a collectivistic utopia, if only all the workers magically take over the state and somehow voluntarily dissolve it. The marxist does not recognize the degree to which state intervention is the primary cause or enabler of the inequities that they have so much distain for. They put themselves foreward as being proponents of change in the right direction, but what they ultimately have to offer is more of the same: state intervention and centralization. The actual cause of the problems which they aim to solve is precisely what they propose as a solution, and therefore their "change" isn't a meaningful or beneficial one. They propose what in some ways amounts to an authoritarian heirarchy as the solution to authoritarian heirarchy or dictatorship as a solution to dictatorship.

The distinction between and reliance upon nature and nurture is often a false dichotomy. That which involves human influence is often characterized as "nurture", yet human beings are a part and product of "nature". The real question is a matter of which particular parts or aspects of "nature" are influencing other particular parts or aspects of "nature". There are some issues with the use of the term "natural" to begin with. In a certain sense, everything and whatever the current state of affairs happens to be is "natural". The only alternative to something being "natural" would be for it to not exist, unless of course one is proposing that there is some kind of supernatural realm which would still ultimately reduce to non-existance. That being said, it is definitely nonsensical to consider all present conditions and all present forms of organization to be inevitable and a permanent state of affairs. Stasis is not "natural". Organizations and organizational forms are never permanent in the grand scheme of things, so it would be more genuinely "realistic" to propose that the eventual dissolution of the existing order is "natural" and inevitable at some point.

While the conservative puts themselves foreward as a realist, they are truly nothing but a proponent of either stasis or "turning back the clock" to "the good old days", which becomes their own romantic utopia. The extent to which they see current affairs as moving in an "unnatural" direction causes them to become reactionaries, desparately trying to cling on to old traditions. On the other hand, the marxist sees the present as "unnatural" and proclaims an inevitable utopian future to be a "natural" progression. They've drawn erroneous conclusions from the basis of the hegelian dialectic, philosophy of history and social evolutionary theory. Both involve the bastardization and politicization of science as a handy rhetorical authority and a misguided appeal to either nature or nurture.

Left-Libertarianism

Brainpolice — Mon, 26 May 2008 18:39:00 GMT

I consider myself a left-libertarian. To avoid any confusion over what this may imply, I fully support private property, voluntary exchange, money, rent, employment, and so on (or more strictly speaking, I don't advocate their abolition). And I completely oppose the state. I advocate a free market in everything, from clothing and shelter to defense and arbitration. I have a dislike for people like Noam Chomsky, who I feel is largely economically illiterate and confused. I'm not a marxist or a communist or a syndicalist. Some may therefore be thinking, "so what's so 'left' about it? what differentiates you from 'right' libertarians? you sound like any other anarcho-capitalist to me!". I'd like to explain myself in order to make it clear that there is a very real distinction to be made.

Firstly, it is worth exploring how one views power in general. All libertarians, particularly market anarchists, oppose the power of the state. A lot of emphasis is placed on the power of the state and how it effects society. However, in my understanding, while the left-libertarian joins their comrades in opposing the state, they oppose the concentration of power and centralization in general. This includes the concentration or centralization of so-called "private power". While cookie-cutter anarcho-capitalists make brilliant arguments against state power, they tend to specialize so much in doing so that they may neglect the problems with the concentration of "private" power. Their libertarianism is "thin" in the sense that it is restricted to anti-statism.

The cookie-cutter anarcho-capitalist often seems to act as if whatever is "private" is legitimate in all respects. It's almost as if the principles somehow magically don't apply when we are dealing with non-state organizations. But to use a simple example, a gang or mafia may be "private" but it certainly is not legitimate. The left-libertarian views matters more broadly, that is, they apply libertarian principles not only to delegitimize the state but also to any other group of "private" people who violate rights. The left-libertarian's libertarianism is "thick" in the sense that it is more than just a matter of anti-statism, it is more broadly a matter of anti-authoritarianism and anti-centralization. The left-libertarian may additionally oppose corporations, extremely large buisinesses and possibly even organized religion. The left-libertarian sees no good reason why buisinesses should be centralized.

Karl Hess once described "the right" as supporting the concentration of power into the fewest hands possible, while in contrast "the left" stands for spreading it about as much as possible in an equilibrium. "The left" implies "equality of authority" in which everyone's freedom is limited by the like freedom of everyone else - a mere restatement of the non-aggression principle. Using this analysis, right-libertarians are to "the left" to the extent that they oppose the concentration of power in the hands of the state, but they nonetheless are still to "the right" to the extent that they still support private concentrations of power. While the right-libertarian may be consistantly anti-state, they are not consistantly opposed to the concentration of power. They may even fully endorse "private" concentrations of power and portray such organizations as victims of the state.

In short, the right-libertarian or cookie-cutter anarcho-capitalist, while they are likely fully aware and informed of the fact that we don't currently live in a free market or free society, functions as a "vulgar libertarian". What this means is that they function as apologists for big buisiness, corporations and currently existing conditions or property titles. They use free market theories or analysis to legitimize conditions and organizations that came about in a non-free market. They tend to cling to a worldview in which "big buisiness is America's most persecuted minority", as Ayn Rand once stated. They still tend to think of state intervention as somehow being inherently anti-buisiness, despite overwhelming evidence to the contrary. The right-libertarian is essentially pro-buisiness more or less across the board without proper consideration for context. The left-libertarian calls them out on this.

Another difference between the left-libertarian and the right-libertarian is over what they think society will be like in the absence of the state. Cookie-cutter anarcho-capitalists essentially envision a society more or less identifical to currently existing society but without the state. But the left-libertarian sees much more broad implications that would seem to radically alter the organizational structure of a society. The left-libertarian does not think that the results of a free market would mirror current economic conditions by any stretch of the imagination. Left-libertarians may tend to think that free competition would function as a check on the general size of economic organizations, and therefore draconian large buisinesses simply couldn't survive or exist. They may also be tolerant of or more open to possible "socialistic" experiments within a free market, or advocate a signficant increase in self-employment over standard wage-employment.

The difference between the two sides can also be thought of in terms of how one's position relates to the traditions of the anti-authoritarian left, or how one views their own position in relation to it. It's partially a matter of historical context and the political spectrum. Right-libertarians buy into the cliche that socialism is inherently a statist/political system, while left-libertarians aknowledge the existance and possibility of voluntary or anarchistic socialism (in short, all they're really doing is taking an anarchist without adjectives approach). To the right-libertarian, all socialist forms of organization are inherently violent or political systems - all socialism is state-socialism. To the left-libertarian, there is a distinction to be made between state-socialism and genuinely libertarian socialism. The left-libertarian has a much greater degree of tolerance for "socialistic" forms of organization so long as they are voluntary, while the right-libertarian considers all "socialistic" forms of organization to be inherently involuntary.

There's a major difference in terms of where one finds their roots. To the right-libertarian, their philosophy derives from and grew out of the "old right" and the founding fathers of America. To the left-libertarian, their philosophy derives from and grew out of the old libertarian left (the mutualists, the individualist anarchists, the voluntaryists, etc.) and wouldn't exist without them. The left-libertarian sees market anarchism as having grown out of old non-state socialist traditions and is likely to see ideas such as mutualism as not really being that far off from their own position in the grand scheme of things. In contrast, the right-libertarian is largely out of touch with such roots and probably considers mutualists and other more voluntaristic socialists to be enemies. They see little to no connection between these ideas and contemporary market anarchism, where the left-libertarian does.

Another major difference is over strategy and where one thinks their true alliances lie. The left-libertarian is much more likely to be opposed to the political process and consequentially they may not vote, argue against running for office and regularly denounce the libertarian party and reformism. The left-libertarian is a radical and a revolutionary. In contrast, the right-libertarian essentially functions as a minarchist in practise as they regularly participate in the political process, encourage people to participate in it, run for office themselves and advocate reformist strategies. Comparatively, the right-libertarian is a gradualist and even counter-revolutionary. The right-libertarian more or less takes the exact same strategy that a minarchist would, and consequentially falls prey to political oppurtunism and get-liberty-quick schemes.

The difference over where one thinks their alliances are is also significant. Right-libertarians regularly ally with conservatives, particularly paleoconservatives. To the right-libertarian, conservatism is the closest thing to libertarianism on the political spectrum and conservatives inherently are less statist then "the left". They may even views themselves as an extension of the conservative movement. The left-libertarian, in contrast, wants nothing to do with conservatism and sees no reason why it should be regaurded as somehow less statist than "the left". The left-libertarian sees conservatives as hijacking the libertarian movement and employing quasi-libertarian rhetoric to get people to associate their own positions with liberty and free markets. To the left-libertarian, conservatism in the original sense of the term is the polar opposite of liberty, as it stands for the status quo, the romantisization of the past and an endless sea of authoritarian tendencies.

From the perspective of the left-libertarian, sometimes the right-libertarian takes positions on current issues that in fact are conservative rather than libertarian. One of the most common cases of this is over the issue of immigration, in which right-libertarians essentially support restricting people from crossing political borders. To the left-libertarian, this merely grants legitimacy to the state and treats it as if it were a legitimate private property owner. The same is true of many so-called "privatization" schemes in which the state sells "its" property off to a single economic organization, essentially transfering from a state held monopoly to a private monopoly. The left-libertarian is much more skeptical of so-called "free market" reforms than the right-libertarian is, being much more likely to consider them manifestations of mercantalism or corporatism.

Another difference between the two may simply be a matter of cultural traits or preferances. Right-libertarians may often be strict "cultural conservatives" and therefore have traits such as opposition to multiculturalism, feminism and secularism. They may openly praise "the family", "the church" and "the nation". In contrast, the left-libertarian is much more likely to see these things such as multiculturalism and secularism as being good and support voluntaryist versions of them. The left-libertarian may add things such as anti-racism and anti-patriarchy to their agenda, and such things need not be imposed by the state but a result of voluntary efforts. And while many right-libertarians may tend to praise "the family", the left-libertarian may very well be skeptical about the organizational structure of many families and view them as abusive. And perhaps most importantly, the left-libertarian is not a nationalist.

It should be clear at this point what the left-libertarian is not: they are not vulgar libertarians, conservatives, in bed with conservatives, anti-immigrationists, reformists, extreme gradualists, and so on. It is likely (although not necessarily mandatory) that they are not racists, organized religion supporters, nationalists, chauvenists, and so on. The left-libertarian is not an apologist for "private" concentrations of power and corporations. The left-libertarian may very well oppose corporations. In short, the left-libertarian has distanced themselves from conservative traits as much as possible and view themselves as supporting liberty in a much more broad sense than your cookie-cutter anarcho-capitalist does. It is in the context of this much more broad perspective that they are to "the left" of their comrades.

Why The State Can't Discriminate

Brainpolice — Tue, 13 May 2008 00:23:00 GMT

My position on racial discrimination and segregation is essentially based on the following premises: (1) on a personal level, I'm opposed to racism (2) however, if an individual legitimately owns a given piece of property, they have the liberty to exclude other people from using that property (3) that being siad, in terms of hiring employees and a buisiness owner's relationship with customers, racial discrimnation and exclusion in general is suicidal in the long-term if said buisinesses are in free competition with non-discriminatory or less exclusive buisinesses (4) therefore, a free market process itself will tend to weed out the racists over time and (5) the proper solution to the issue is social or economic and should be persued through more direct action - civil disobedience, social pressure, education, mass-boycotts, out-competing the racists, the discriminated groups forming their own organizations, and so on.

However, this is only in the context of discrimination of members of the lay public. What about discrimination or exclusion by the agents of the state? Should the exact same logic be applied to the state? I'm compelled to say "no" because the limited principled defense of the liberty of the discriminator is predicated on the requirement that they justly own the property to begin with, and the state does not legitimately control the territory. If the state is exclusive or discriminates, it would be doing it with stolen resources, what are in fact the very resources of the victims of the exclusion or discrimination. To try to come up with a libertarian defense of state discrimination would be to make the error of treating the state as if it were a legitimate private property owner, which would legitimize nationalism. I'm not sure if this error should be considered a manifestation of "vulgar libertarianism" or if it deserves another term in its own right.

If the state enforced discrimination as being mandatory within the territory or discriminates over who is allowed to use state property and services, what we would have is institutionalized segregation. The state would be asserting control over how other people use their own property and excluding people from use of what is actually not justly owned by the state agents or possibly even what is really partially the product of what was stolen from the person being excluded. To varying degrees, this is more or less what the individual states did during the period of blatant institutionalized segregation in America. The state did much more than defend private owner's right to be exclusive, since the state was exclusive itself and widened discrimination into community-wide and state-wide legal precedents which essentially established discrimination as a norm.

Of course, when institutionalized segregation gave way at least partially to intstitutionalized integration, the federal government started acting as a discriminator in other respects. It started creating and enforcing precedents making it mandatory to be inclusive and also to start to be more exclusive towards other groups. To some degree, some non-racist people have ended up being persecuted by anti-discrimination or forced integration laws, which has merely added fuel to the fire and made people more sympathetic towards racism. And affirmative action is mandated discrimination all the same, only geared towards different groups. Anything remotely resembling a racial quota is discriminatory and in fact racist to the core.

Immigration controls and political border enforcement are essentially institutionalized segregation, though not always based strictly on race. Some people try to defend a closed border policy on the basis of private property rights and by comparing the nation to a home. But such an analogy is fallacious and highly misleading. The state's agents do not justly control the entire territory. And the entire nation is not "ours", we each own individual plots of property within it. While an individual who justly owns a given piece of property may legitimately exclude others from use of it, they do not have the legitimate authority to demand that their neighbor do the same. Noone can legitimately exclude people from other people's legitimately aquired property. And this is precisely what the state would be doing by trying to exclude someone from entering the entire "nation" and effectively outlawing individual owners from allowing others to use their property. It also would constitute a barrier to entry to unused/unowned property.

The implications of treating the state as a legitimate private property owner are very totalitarian when it comes down to it, and of course such a view inherently legitimizes the state. If the entire territory is legitimately controlled by the state, then everything within it can be used and distributed however state agents want, and everyone within it may be treated as pawns. But the fact of the matter is that state institutions are a product of the mass-expropriation of land (which eventually manifests itself in the coercive territorial monopoly) and intergenational extortion (which eventually manifests itself as taxation). In a certain sense, the state is merely a gigantic and institutionalized case of absentee landlordship. Everyone within the territory produces everything while the state claims a piece of their production and excercises control over everything as if it were the legitimate ownership of the entire territory.

This is why the state must be treated as a criminal organization, a criminal organization that has stolen everything that it controls. The only difference between the state and other criminal organizations is that it is highly centralized, enjoys a massive territorial monopoly and has an ideological cloak of legitimacy. In order for justice to truly be served, the victims of this criminal organization have every right in the world to take back what was stolen from them and their ancestors. Such a criminal organization should not be defended as if its agents are at liberty to determine how stolen property is used, and as a consequence it is absurd to try to legitimize such a criminal organization excluding people from using what was stolen from them or what currently has no legitimate owner at all.