Well, so what? How does all this set the libertarian apart (whether for better or for worse) from all others? Let us take first the traditionalist or conservative, with whom the libertarian is often linked, largely erroneously. True, together they sing the chorus of damn the unions, damn the minimum wage laws, and damn the progressive income tax. But when the libertarian starts a chorus of damn the Sunday blue laws, he ends up singing a solo.
Let me be careful about this. What I am asking for is precisely what men like Albert Jay Nock have asked for in the past—that the society be distinguished from the state and that the society not be absorbed by the state. Society, with its full network of restraints on individual conduct, based on custom, tradition, religion, personal morality, a sense of style, and with all of its indeed powerful sanctions, is what makes the civilized life possible and meaningful. I am not proposing an anarchic society; on the contrary I am essentially a conservative on most questions of social organization and social process. I do believe in continuity, in the important role of tradition and custom, in standards for personal conduct, in the great importance of the elites (imperfect though they may be).
But unlike the political conservative, I do not wish to see these influences on individual behavior institutionalized in the hands of the state. As I read history, I see that everywhere the generally accepted social processes have been made into law, civilization has ceased to advance. For one, the penalty to be paid by the innovator, which is severe even without the law, and perhaps properly so, is made so severe (even including death) as to stop that healthy and necessary and slow process of change through which civilizations move to higher levels of achievement.
For another, the elites, if given the power to implement their views with the use of force, are almost certain to be corrupted by that power and to cease playing their essential and beneficial role in society. The pages of history are strewn with the wreckages of superior men who have been undone by the corrupting influence of possession of the power to coerce.
Now to the modern liberal. How does the libertarian differ from the modern liberal? Well, he cuts in where the conservative cuts out and cuts out where the conservative cuts in. Like the libertarian, the modern liberal is all for sin, so long as it’s peaceful. But unlike the libertarian, the modern liberal is perfectly willing to use the sheriff to attempt to bring about whatever outcomes he desires in economic life. Should there be a Pure Books, Plays and Films administration? Never, says the modern liberal. Should there be a Pure Food and Drug Administration? Of course, says the modern liberal. If two consenting adults engage in an unnatural act in private, should the law intervene? Never, says the modern liberal. If two consenting adults arrive at a wage contract calling for the payment of $1.00 an hour to the one, should the state intervene and require that the payment must be no less than $1.60 per hour (even if, by the very act, that leads to no contract; to no job at all)? Of course, says the modern liberal. These examples could be multiplied indefinitely.
Now perhaps there are real differences in circumstances that make these differences in evaluation consistent. Perhaps the modern liberal is right and the libertarian is wrong. What I am trying to point out is that the libertarian is opposed to intervention by the state in any of the peaceful actions of individuals or groups, whether the relationship involves sex, games, or the marketplace, and this sets him apart from both the modern conservative and the modern liberal.
Now what of the New Left? Here too there are some family resemblances, and some of my libertarian friends are now involved in a love affair with the New Left, such as writing for Ramparts magazine and lecturing at the Free University in New York. In some ways this makes sense. The New Left and the libertarians share a common suspicion of concentrated power, and particularly of the power to coerce; they join in not wishing to be ruled by any establishment, even of the elite. But there the love affair comes to an abrupt end.
To the libertarian, private property is an extension of the human personality and an absolutely necessary element in the structure of a society of free men; to the New Lefter, private property is largely an invention of the establishment to suppress the free human spirit and is a barrier to the full expression of human concern and relatedness. To the libertarian, or at least to Ben Rogge, the “politics of confrontation” is neither peaceful as a means nor acceptable as an end, if the end is what it so often seems to be, the imposing of a minority view on the majority by what amounts to blackmail. “Give in to my demands and I’ll leave your office; throw me off your property and you are guilty of breaking the peace. Call in the cops to protect that which is yours and you are a fascist.” To the libertarian this is nonsense and very dangerous nonsense indeed. The goal of the victory of persuasion over force in human affairs can hardly be well served by what amounts to the use of force.
But of course the goal of the New Left is not the goal of the libertarian—the right choice of means. In fact the goals of the New Left are difficult to identify, particularly in terms of the kind of social arrangements they wish to see brought into being out of the ashes of that which we now have. There seem to be three main possibilities: (1) an essentially anarchist arrangement, with no government; (2) a syndicalist-communalist arrangement, with minimal government; or (3) an out-and-out Marxist-socialist dictatorship of the proletariat. To the libertarian, the first would soon become the tyranny of the strong, and life would indeed be mean, nasty, brutish and short; the second would mean economic chaos and starvation for most; the third would mean tyranny, bold and bloody and bright.
To all of these—the conservative, the modern liberal, and the New Left—the libertarian says, with Huckleberry Finn, “No thank you, I have been there before.” He insists that what marks the civilized society is not so much what goals its people are seeking as what means are used and accepted in the seeking of goals. He insists that to the opinions and ideas and revelations of even the best of men must still cling the mortal, the human uncertainty. If even those who come to be least imperfect in knowing and acting cannot be identified in advance (or even clearly identified after the fact), surely it follows that each imperfect man must be given (indeed, has) the right to follow his own imperfectly selected star in his own imperfect way, to march to the music that he hears and not to the music that you and I hear.
The libertarian is in no sense a utopian. He argues only that in a world in which each individual, imperfect man was left free to make his own imperfect decisions and to act on them in any way that is peaceful, enjoying the fruits of his successes and suffering the agony of his mistakes, man could at least fully attain to the dignity and tragedy and comedy that comes with being a man. And here, somewhere east of Eden, there is little more that we can expect out of life.
In some 63.7 percent of all interviews in my office, the person across the desk is there to tell me who’s to blame. And in 99.6 percent of the cases where that is the question, the answer is the same: He isn’t.
Now if these were just simple cases of prevarication, we could all shake our heads at the loss of the old Yes-father-I-chopped-down-the-cherry-tree spirit and turn to some other problem, such as the danger presented to the stability of the earth by the buildup of snow on the polar icecaps. But the denial of responsibility is rarely that simple, and herein lies the story.
Today’s George Washington, on the campus and elsewhere, says, “Yes, I chopped down the cherry tree, but—” and then