formulations Winter 1997 98 A Publication of the Free Nation Foundation Vol. V, No. 2

Forum Report Notes on Foreign Relations Concerns Fifteen people gathered on Saturday, 18 October 1997, for the ninth semi­ in a Hypothetical annual Forum of the Free Nation Foun­ Entrepreneurial dation. The topic was "International (Landlease) Community Relations." Six speakers presented pa­ pers, during this 9AM-5PM event which met at Oliver's Restaurant in Hillsbor­ by Michael van Notten Upcoming Topics ough, N.C. and Spencer H. Maccallum Five of the six papers presented at by Richard Hammer the Forum were printed in the previous, A mixed use, multiple tenant income Autumn 1997, issue of Formulations. Property Rights -April 1998 property operated as a long-term, man­ These papers were by: Gordon Diem, In our next Forum we will address aged investment is not the picture many Roderick Long, Richard Hammer, Roy the topic of "Property Rights in a Free libertarians have of a libertarian nation or Halliday, and Phil Jacobson. The sixth Nation." We seek to learn the origin and community. Yet it is a community, and so paper, by Michael van Notten and nature of property rights, and how those far as it is not subject to control by a Spencer Maccallum, was presented by rights will be enforced. The Forum will political state, and assuming businesslike Spencer MacCallum, and is printed in meet on a Saturday, not yet scheduled, in management and well-drawn leases that this issue, beginning in the column to the April. protect the interests of all parties, it has right. We solicit papers on this subject for many or all of the characteristics that On Friday evening beforethe Forum, the next issue of Formulations, which libertarians advocate for a free society. we held a social gathering at the home of has a writers' deadline of I February Familiar examples of such· en­ Rich Hammer. Roderick Long and I 998. We will invite some or all of the trepreneurial communities, or "entre­ Bobby Emory told of their recent excur­ writers of these papers to present their coms"-also called proprietary commu­ sion to the ISIL conferencein Rome (see papers at the Forum. Roy Halliday has nities-include shopping malls, hotels, the story on page 3). This gathering had already submitted a paper on this sub­ rental apartment communities, medical been announced in an invitation mailed ject, which you can find in this issue, and research centers, and mixed-use real to all local names on the mailing list, as starting on page 11. estate complexes for which Rockefeller well as to all FNF Members and Friends. With thistopic, as usual, we strive to Center was an early prototype. None are On Saturday evening after the Forum build the vision of institutions in a free many returned to Rich's house (which it (Continued on page 6) nation. We assume, for the sake of our turns out is also the headquarters of discussions, that our free nation will be created by libertarians. Thus, we have FNF), graciously attempting to finish off the snacks and drinks left over from the no need for arguments intended to con­ previous night. Inside vert statists to libertarianism. We only Thanks to Bobby Emory, the pictures need to clarifyour own vision. I.S.I.L. Conference in Rome in this issue were all ( except for the by Bobby Emory ...... 3 (Concluded on page 10) picture on page 3) taken at the Forum.6. Dialog: Why Write about a Free Nation? Halliday and Hammer ...... 4 Property and United Action by Jack Coxe ...... 9 A Theory of Property Rights by Roy Halliday ...... 11 Engineer's View of Morality by Richard Hammer ...... 24

The Free Nation Foundation, [outdated street address], HillsboroughNC 27278 formulations a publication of the Free Nation Foundation [outdated street address] Hillsborough NC 27278 http:/lwww.freenation.org/fnf

Statement.of Purpose Board of Directors The purpose of the Free Nation Foundation is to ad­ Richard 0. Hammer, President vance the day when coercive institutions of government can Roderick T. Long, Founding Scholar be replaced by voluntary institutions of civil mutual consent, Bobby Yates Emory, Secretary by developing clear and believable descriptions of those Philip E. Jacobson, Editor of Web Publications voluntary institutions, and by building a community of people Candice I. Copas who share confidence in these descriptions. Christopher H. Spruyt

FNF is a 501 (c)(3) federal income tax exempt organization. Send correspondence to the postal address above. Or email to: [email protected]. Formulations is published quarterly, on the first of March, June, September, and December.

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JOINT PUBLICATION ARRANGEMENT Formulations sometimes carries articles obtained through Marc Joffe of the New Country Foundation. These articles are distinguished by the line "for the New Country Foundation" under the author's name. Marc Joffe may be contacted at: [email protected], or c/o The New Country Foundation, P.O. Box 7603, FDR Station, New York, NY 10150. The web site http://freenation.org maintained by Marc Joffe carries Free Nation Foundation documents, along with numerous other new country documents and pointers.

page2 Formulations Vol V, No. 2, Winter 1997-98 report International Conference in Rome

by Bobby Emory

The 1997 conference of the Interna­ tional Society for Individual Liberty (ISIL) was held in Rome, from 28 September to 3 October. Two Direc­ tors of FNF, Roderick Lon~ and I, at­ tended. And I took along my friend Suzanne. The conference program lasted four days and there was a post­ conference sightseeing trip. A good time was had by all. For the libertarian movement the most important event was a speech by a Randian suggesting that libertarians and Randians could get along. In his talk titled "Building bridges between libertar­ ians and Objectivists," Bob Bidinotto, of the Institute for Objectivist Studies (http://ilhawaii.net/- ios/), suggested we make common cause in those areas where we already agree. I feel this might be an important turning point for the movement. Recently I found a paper that Vince Miller (chair of !SIL) wrote in 1986 discussing the schism, so it is very Suzanne Sullivan and Bobby Emory at !SIL banquet outside Rome fitting that he have a hand in bringing us back together. The speaker that was the biggest The sightseeing (Naples, the Amalfi For FNF the most important speech name outside libertarian circles was the coast, Capri, Pompeii) trip was fun, but was given by Rigoberto Stewart ("The Deputy Minister for Foreign Affairs (for not much libertarian content. REAL Limon project"). He is from Italy) Antonio Martino ("Euro: an In­ All and all, we had an enjoyable Costa Rica and has a plan to turn his sider's View"). His daughter was one of week. So much so that Suzanne agreed province (Limon) into a free region. He the conference organizers. His speech to go to the next conference. If you have is the director of a think tank and will be was very libertarian. In a discussion with considered going to one of these confer­ using his institute to educate the people other attendees, someone suggested that ences, I would highly recommend it. The of his province. Once he has a signifi­ he had tailored his message to the audi­ next one is in Berlin in August 1998 . .6. cant number of people agreeing that the ence. Another attendee assured us that province should be free, he will go to the he was well-known for being libertarian. central Government and ask for their Roderick Long's speech ("Building a ISIL may be contacted at: 836-B Southampton Rd., #299 agreement. I feel that this is unlikely to Free Nation from the Ground Up") was Benicia, CA 94510 be successful but he knows his country well received and provoked discussion. Roderick took sixty packets, almost as better than I do (I've never even been http://www.isil.org. there while he graduated from North many as there were attendees at the con­ Carolina State University, so he knows ference, to introduce FNF. All of these my country better than I know his). In packets, which included the Autumn is­ I 999 the ISIL conference will be held in sue of Formulations, were picked up. Costa Rica. Several people brought up FNF in dis­ The only big name libertarian cussions with me, so I feel we have made speaker at the conference was Walter a good start at taking FNF international. Block, who was enjoying himself by "Defending the Undefendable." He has updated his message somewhat but hasn't changed his basic thrust at all.

Formulations Vol. V, No. 2, Winter 1997-98 page3 Dialog: The Benefits of Writing about a Free Nation

Roy Halliday: As a libertarian, I enjoy writing about peaceful, voluntary solutions. We put our a free nation for· Formulations because: statist friends into the position of not only ( 1) the primary audience is presumed to disagreeing with our depictions of social be fellow libertarians, which frees me possibilities, but of justifying the initia­ from having to devote time, space, and tion of violence against people in a hypo­ effort in rehashing the arguments against thetical society who are admittedly peace­ statism; and (2) the secondary audience ful. consists of statists who have some liber­ We in the Free Nation Foundation tarian sympathies and who, therefore, can admit that we may be incorrect in our be shamed into giving up their coercive predictions about what free men and ways. Writing for Formulations allows women wou ld agree to do. The difference me to address decent people who do not between us and those who oppose a free wish to impose their beliefs on others by nation is that we are willing to accept force unnecessarily. It allows me to con­ whatever voluntary order evolves, but centrate on developing a vision of what a our opponents are not. For example, I free society would be like, instead of wrote an article about family structure in complaining about the abridgments of a free nation in which I predicted that the freedom in America and sounding like a bourgeois family ideal would predomi­ whiner who does not appreciate the dif­ nate. If my prediction is wrong, and some ference between living in the USA and other form of family structure, or no par­ living in most other countries. ticular structure, would predominate in a The contrast between the picture of a free nation, I would not, therefore, aban­ free nation that is emerging in Formula­ don freedom. Instead, I would accept the tions and what passes for a free society in free choices of my fellow countrymen as the world today is so stark that it should long as they respect my right to choose make our limited-government readers my own peaceful life-style. On the other have second thoughts about the morality hand, a statist would impose his preferred of their position. There is moral power in life-style or, at least, prohibit some of the this approach of simply describing how voluntary life-styles that others would free people might handle their affairs if prefer. the statists let them alone. It puts statists, I recommend that libertarians join the even mini-statists, on the defensive. Free Nation Foundation in shaming our When we in the Free Nation Founda­ limited-government friends by writing tion present plausible descriptions of how plausible descriptions of the possibilities free adults might make arrangements to for social life that statists refuse to allow provide for their own needs, we implicitly their fellow human beings to try. This challenge our secondary, limited­ helps us to clarify our own vision, and it government audience to show that our encourages sympathetic statists to switch depictions are not only questionable, but over to the morally consistent, libertarian so wrong that violence is justified to pre­ side. vent us from trying to implement these

page4 Formulations Vol. V, No. 2, Winter 1997-98 Richard Hammer: Among libertarians, we in FNF march What I try to get libertarians to see is to a different drummer. But most liber­ that we, without statists, can go ahead and tarians still do not get it. So I appreciate create our own zone of liberty. But, since Roy's help in beating this FNF drum. we live dispersed among statists, most But still, I notice a difference between libertarians have formed a habit--of try­ my ideal beat and the stride which Roy ing to sell liberty to statists. Please join describes here. I aspire, in my FNF work, me. See this habit. to write only to other libertarians. It is not a bad habit. I am not saying Whereas Roy thinks of a second audi­ that you should stop it entirely. Indeed, ence: some statists who might be swayed. to the extent that you believe your politi­ Imagine this scene. You are having a cal fate will be decided by majority rule discussion with your spouse. The two of in the polity in which you now live, this you, alone where no one else can hear, habit gives you your only hope. And, struggle to clear up some difference. when you want to exercise this habit, you Now alter the scene slightly. Suppose have at your disposal every other libertar­ you are having this discussion face to ian organization and publication. I sup­ face across a table in one corner of a port many of these organizations, and large, but otherwise empty and quiet, din­ subscribe to many of the publications. ing hall. At the opposite corner, someone But please see that you have a choice. enters and sits down quietly at a table, You do not need to put all your eggs in evidently waiting for something which the basket of majority rule. Another path has nothing to do with you. You both lies wide open before us. When enough notice the newcomer. The newcomer can libertarians loosen their ties with statists, hear, clearly, every word you say. enough to allow them to turn and face So, does the discussion between you into the libertarian circle, you will see, and your spouse proceed as if the new­ with me, that we can easily assemble the comer had never entered? resources to create a new free nation. In my experience the entry of the third We do not need to win the sympathy party changes the discussion so much that of one more statist. We only need to it cannot be the same discussion. With organize ourselves. Please reach to me­ each of you knowing that the third party and not to the statists-with your argu­ hears, you start talking, not directly to ments. each other, but for the record, or for the I started FNF to shine a light on this sympathies of some broader society. other path. You will s~e it, if I can just If you and your spouse care more get your attention away from the habit of about your relationship with each other trying to please statists . .6. than you care about your image in the broader society, you will seek a place where once again you can carry on your discussion in privacy.

Formulations Vol. V, No. 2, Winter 1997-98 pages Border Control of the consortium and the management of Foreign Relations for Insurance companies operating in Newland which is to make Newland a Entrepreneurial Community Newland maintain service offices at our safe place to live. points of entry, offering visitors the vari­ ous types of liability insurance they are Foreign Policy (Continued from page 1) required to have during their stay. The In Newland, all "foreign policy" mat­ subdivisions, but are landlease arrange­ companies offer a variety of information ters are the province of private individu­ ments, in which the land is leased but the services about Newland, it being very als and associations of business people, improvements on the land may be sepa­ much in their interest to promote travel sports people, arts people and the like, rately owned and maintained. The nature and residence here. who relate independently to their coun­ of the enterprise in every case is to build In addition to these service points, terparts abroad. land va lue- as measured by revenue however, some border protection has flow- by creating optimal human envi­ been required to stop malicious infiltra­ Passports ronment. Differences among the special­ tors. This again is handl ed by the insur­ As a private venture, Newland can't ized types reflect differences in the mar­ ance companies, in whose interest it is to issue passports in the narrowly accepted ket each tries to attract. protect the lives and properties of their sense of the word. But something similar "Newland" is the name of a hypothet­ customers in Newland. They act th.rough is being discussed here. There always has ical community of this kind of such size an insurance consortium which inc ludes been and always will be need for letters and complexity that it bears some resem­ the management of Newland. The con­ of introduction, as it were, enabling peo­ blance to a "free nation." Hence we have sortium in turn contracts out to one or ple to know with whom they are dealing been invited to talk about Newland at more proprietary police forces which op­ and whether they are credible and credit­ this conference on "Foreign Relations" erate plainclothes surveillance and, when worthy. This could be an enlargement sponsored by the Free Nation Founda­ called upon, physically deport any who upon credit rating services such as we tion, which seeks to understand how free have entered without insurance and are­ already have, and it wouldn't require a nations of the future might be constituted unwilling or unqualified to obtain it. For physical document but could be entirely and how they might be expected to func­ public relations purposes, of course, both electronic. Such a rating service could tion. for the management of Newland and greatly facilitate people doing business. Newland actually is a proposed real their own business reputation, these po­ A company located here in Newland estate development on leased tribal land lice are nearly invisible and have culti­ might dress up its rating of individuals by in northwest Somalia. Its promoters will vated gentility and persuasion to a high arranging with the management of New­ seek free port status for Newland degree in all their dealings- without, land to let it be called a passport of amounting to a waiver of jurisdiction by however, losing sight of the primary goal Newland and carry its seal. This would the Republic of Somaliland for the 99- year lease period. The subject property consists of an extensive upland valley approximately the area of Luxembourg, sparsely inhabited, with access to the sea. The expectation is that it will be devel­ oped and managed by a private consor­ tium as a long-term investment property for income. For the purpose of this conference and for the simplicity of speaking in the present tense, Newland will be repre­ sented as already established and operat­ ing. Fourteen items commonly consid­ ered under the heading of "foreign rela­ tions" will be briefly discussed in no special order. It will be seen that the very notion of "foreign relations" is a political concept whose meaning normally is to be found in the context of national govern­ ments and, as such, has little applicabil­ ity to Newland. The format will pose each item as if it were a question being answered by a resident of Newland.

Spencer Maccallum (left) page 6 Formulations Vol. V, No. 2, Winter 1997-98 no doubt add some prestige- some win­ to try to satisfy the insurance require­ The only way that Mr. X could be dow dressing- but it would amount to no ment, and in that time he would be free to physically removed from Newland more than that. exit Newland when and how he chose­ would be by his own action, ifhe were to Since living in Newland doesn't re­ and to whatever destination. place himself outside the law and protec­ quire giving up citizenship in another Suppose the Attorney General then tion of the community by repeatedly ig­ country, many Newland residents find it appealed to one of our private adjudica­ noring the court and its judgments. Only convenient to retain the citizenship of tion companies. He might do so, assum­ then, as a trespasser and, literally, an their country of origin and to use that ing their role to be similar to those of "outlaw," could he with impunity be ab­ country's passport for travel abroad. political courts in the United States, ducted by anyone in Newland. Those without that option use a passport which have enforcement powers. The ad­ issued by our host country, the Republic judication company would reply that United Nations of Somali land. judges in Newland, being merely arbitra­ Newland, as a private real estate de­ tors, are limited to making judgments; velopment, has not asked nor has it been Extradition they have no authority to order or autho­ invited to join the United Nations. Any Extradition is not an option here in rize that anything be done to anyone. The advantage such membership might con­ Newland, nor could it be in any other company of course would be glad to try fer on us, as residents, could be had, stateless nation organized on the the case and render a judgment, since presumably, through our host, the Re­ landlease principle. It is not that extradi­ that was its business. If the judgment public of Somaliland. tion would be refused; there is simply no were adverse, it might cause Mr. X to mechanism for it. By way of illustration, lose his insurance coverage, with the Defense let's say that the United States Attorney same result as above. The judge might Defense is not a big issue here in General sought to extradite Mr. X from well add that he could try the case only if Newland. One reason is that there is not Newland. To whom would he appeal? someone brought a complaint, and the any central control point of power that a The Newland proprietary authority? An U.S. Attorney General was not a valid military force could capture, since every­ adjudication company? A police agency? plaintiff. Because Newland courts don't thing consists of voluntary arrangements Any private resident or visitor to New­ recognize statutory law, the Attorney and private agreements. The insurance land? General could not be a party to the dis­ consortium, which includes the manage­ Let's suppose he appealed first to the pute; he had merely interposed himself ment of Newland, does have a mutual ultimate proprietary authority of New­ between the disputants where he had no defense agreement with Newland's host, land, represented by the Newland Man­ business. Mr. Y in the United States the Republic of Somaliland. Now that agement Company. NMC would reply would be the one to bring the complaint. Newland is established, however, this that its authority does not extend beyond The Attorney General, seeing himself affords more protection to the host than it that spelled out in the Newland master no closer to gaining physical custody of does to Newland. lease agreement. The most it could do Mr. X, might finally appeal to a private would be to expel a resident for a lease policy company doing business in New­ Government Agency violation if such occurred. NMC might land. The company would reply, how­ Newland has no governing agency in add that in this particular case the indi­ ever, that its lease, consistent with the the sense of a taxing or legislative body. vidual in question, Mr. X, isn't even its Newland master lease, discourages the The owner of all Newland real estate is a tenant. Its customers tend to be very use of force in interpersonal relations and private corporation which, in the interest large business organizations and invest­ expressly forbids initiated force. New­ of escaping unwanted attention from the ment groups. It would have to refer the land's first responsibility to its residents, political nations of the world, has matter to a sublessee, and that to a sub­ after all, is the physical safety of all in avoided taking on any of the appearance sublessee, until it found someone who Newland. The company would therefore or trappings of a political government­ had a contractual relationship with Mr. face eviction for a lease violation. More­ even though, in its functional or public X. If that someone investigated and over, since the individual it sought to service aspect and in the fact that its found Mr. X satisfactorily in compliance constrain, Mr. X, had not harmed the jurisdiction is territorially defined, it with his lease agreement, that would end company, the company, would, in addi­ bears some natural resemblance to a gov­ the matter. Only in the event of a specific tion to facing almost certain cancellation ernment. violation could Mr. X be evicted. And of its insurance, incur severe legal liabili­ even if he were evicted, he would be ties. The Attorney General would get the Embassies, Consulates perfectly free to find other lodgings in same answer from any other company or Newland has no need of embassies or Newland provided that he could maintain individual it approached in Newland. consulates. Their function is served by his several kinds of liability insurance the public relations department of the required by the Newland master lease. management of Newland as well as by Well, suppose his insurance company did the Newland Chamber of Commerce. cancel on him and no other was willing Should an unforeseen need arise, we to write a new policy. Even in that ex­ Newlanders could use the services of the tremity, Mr. X would still, in all likeli­ ambassadors and consuls of our host hood, have some days of grace in which government, the Republic of Somaliland.

Formulations Vol. V, No. 2, Winter 1997-98 page 7 The Worldwide Libertarian Move­ On the other hand, if a group of Michael van Notten and Spencer H. ment people saw an entrepreneurial opportu­ MacCallum are respectively a lawyer in Libertarian pursuits are left to indi­ nity to provide superior management for Somali/and and a theoretical anthropol­ viduals and voluntary associations in an area within Newland than is now be­ ogist in Tonopah, Nevada. Mr. van Not­ Newland. It would be inappropriate for ing provided, it would be to their advan­ ten is Dutch born and, through his wife, the management of Newland to endorse tage to acquire that property by lease Fleury, a member of the Samaron Tribe or promote such activities- which could from Newland or anyone else holding it of Somalia. Mr. MacCallum is the au­ be construed by the nations of the world from Newland, and to the advantage of thor of The Art of Community and has as political interference in their internal the holders to offer it to them. contributed to many professional jour­ affairs. "Secession" of this sort is to the advan­ nals. tage of all concerned. This mode of International Arms Control "secession" happens in Newland all the For the management of Newland to time and is the very premise of New­ make a treaty with any nation would be land's operation as a business enterprise. Bibliography and information on propri­ for it to attempt to collectivize its resi­ This is the reason why land management etary community administration is available from : dents and speak for them, and there is no is highly dispersed in Newland. Heather Foundation provision for that in the structure of an Box 180 entrecom. As to international arms con­ Conclusion Tonopah, Nevada 89049 trol, insurance companies decide It should be evident from the forego­ whether, or to what extent, trafficking in ing that the subject of "foreign relations" (702) 482-2038; 482-5897FAX arms endangers the peace and security of has little relevance for a private business, . its clients in Newland and whether to which has neither citizens nor subjects insure such activities. but only customers and whose sole con­ cern is how best to serve those cus­ Diplomatic Immunity tomers. When a community is organized In a "free nation" there are no diplo­ entirely along business lines so that com­ matic immunities; natural law makes no munity services are provided exactly as exceptions for states and statesmen. On any other services in the market place, the contrary, natural law regards politi­ then the irrelevancy of politics extends to cians as criminals. A Newland resident a community or even to a "nation." l:::,. or visitor, while free to invite an em­ ployee of a foreign state, cannot guaran­ tee that someone who believed himself to have been injured by that state would not summon the visitor into a Newland court, where he could be judged for crimes committed directly or as an accessory before or after the fact. This would, at the very least, cut short an otherwise pleasant visit.

Secession A resident or group of residents could pull out ofNewland's rule of natu­ ral law only by repudiating lease agree­ ments, in which case they would face eviction. So long as we respect our lease agreements, we are obliged to respect natural law on which the lease agree­ ments of Newland are based. Ultimately all in Newland, including the manage­ ment of Newland, are subject to stan­ dards of reasonable behavior developed on a case by case basis by independent arbitration companies for whom a major consideration and guide is customary be­ havior.

page8 Formulations Vol. V, No. 2, Winter 1997-98 Property and United make deliberate use of coercion do ex­ without realizing it, and that it is there­ ist- that there are agreed-on procedures fore likely for that offended person to Action in a for the deliberate use of coercion. Those call for a coercive arbitration concerning Natural Government agreed-on procedures might involve the your offensive action? How can you be election of government officials, or they sure that your actions are not offending might simply be for any offended person anyone? Isn't it likely that you and by Jack Coxe to reach for his gun. No matter what everyone else would realize the pressing those procedures are, as long as they need for some kind of agreed-on guide­ The term "united action" implies provide people with options to make de­ lines to help people to know how to act leaders who make plans, and followers liberate use of coercion, there will be without offending each other? who cooperate with the plans. Property, people who struggle to manipulate them, Logically, in order to agree on guide­ on the other hand, suggests to most peo­ just as surely as a gold mine attracts gold lines, people must communicate on a ple the idea of individual self­ miners. large scale. There needs to be an agreed­ government-each person being in Even our American Constitution, so on procedure to provide options for peo­ charge of their own property. Yet, fur­ skillfully designed with checks and bal­ ple who have ideas for cooperative ac­ ther analysis suggests that no one can ances on positions of power, was out­ tion, to make proposals, and for everyone own property unless there is a prevailing maneuvered by people who skillfully else to pledge their monetary and/or agreement on how to acquire property subverted its original intent and re­ moral support for the proposals of their and how to settle disputes over who owns interpreted it for their power-struggling choice. In this way, people could dis­ what. And if that agreement involves an purposes. cover and agree on various guidelines authority with the coercive power to en­ My article entitled "Natural Govern­ and procedures to meet whatever needs force decisions, then the door is wide ment versus Artificial Government" in arise. open for power strugglers who would try the Autumn, 1997 issue of Formulations, "Proposal planning systems" would to acquire property by manipulating the suggests that logically the only way to be needed. A proposal planning system agreed-on procedures to coerce. eliminate power struggles is to arrange a might involve a proposal bulletin of I believe that a logical analysis re­ system which makes the option to resort some kind. It might be a weekly maga­ veals natural procedures which people in to coercive arbitration readily available, zine- maybe also on the computer inter­ a free nation might agree on, for deter­ but completely uncontrollable. Such a net. To enter a proposal in the proposal mining who owns what. And I believe system of coercive arbitration, designed bulletin, maybe the requirement would that most people, once they understand to be an option which every person has be for a person to produce a petition those procedures, would naturally coop­ good reason to avoid, would involve ar­ signed by 50 people in support of the erate with them. But this cooperative biters selected completely at random for proposal. Then the proposal bulletin majority is naturally individualistic- re­ each case of unresolved conflict, and might publish the proposal, maybe for a luctant to organize, especially in any ef­ then prohibiting any attempt to place any maximum of 30 days. Then subscribers fort to manipulate the procedures for artificial controls or restrictions on the to the proposal bulletin could respond coercion. decisions of the arbiters. The effect with pledges of support for the proposal, Can this silent majority offer any real would be for everyone, including ar­ if they agree with it. Proposals that competition to collectivist-minded peo­ biters, policemen, leaders and followers receive considerable support, might be ple who naturally seek leaders to orga­ of every description, to be faced with the published in guideline books. Guideline nize their manipulation of the procedures perpetual choice-either truly seek gen­ books might become as popular as dic­ to coerce? uine voluntary agreement with all adver­ tionaries or encyclopedias. There would, So far, in this world, the collectivists saries, or risk coercive arbitration by of course, be no law books. almost always wield the preponderant arbiters who they have no way of con­ The guidelines might not be univer­ influence on the use of coercion. Even trolling or pressuring. For more informa­ sally accepted. But the amount of sup­ though almost any man on the street tion on how this random arbiter system port they received in the proposal bul­ might be able to offer a reasonably natu­ might work, you could refer to the above letin would give a person a clue as to ral and fair opinion as to who ought to mentioned article. what a random selection of arbiters might own what, those who have struggled their The following are a few suggestions decicje, if the guideline was ignored and way into the actual positions of making on how people might naturally react to someone called for coercive arbitration. those decisions often seem to have little their pressing need to seek voluntary In order to make practical use of the use for such simple common sense. It agreement. The natural reaction to this guidelines as a means of avoiding of­ takes only a very small group of well­ need is what natural government is. fending anyone, people would need to organized and skillful power strugglers If you imagine yourself faced with use honest common sense- a sincere ef­ to out-maneuver a large majority of indi­ the perpetual choice of either seeking fort to apply the true spirit of the guide­ vidualists in a struggle for the power to true agreement or risking uncontrollable lines, instead of an attempt to manipulate coerce. coercive arbitration, isn 't it likely that the letter of the guidelines. It is the power struggle that is the you and everyone else would very soon People might propose guidelines for culprit. And power struggles are possi­ realize that you might often be carelessly acquiring land, for land zoning, for how ble only to the extent that options to or unnecessarily offending someone long a person might reserve a plot ofland

Formulations Vol. V, No. 2, Winter 1997-98 page 9 for future use, for sharing water, for burden for most people. And as we A random arbiter system would make garbage disposal, for dealing with offen­ know, any demand invites a market to it impossible for anyone to deliberately sive actions, for foreign relations and supply it. Professional proposal watch­ control the use of coercion, thereby pro­ national defense, for dealing with natural ers might offer their services of respond­ viding everyone with pressing personal disasters, for assisting disabled or disad­ ing to the proposal bulletin. Busy people motivation to find a way to agree with all vantaged people, for protecting the envi­ might simply choose their proposal adversaries. But fust a prevailing agree­ ronment, for ownership of inventions and watchers and pay them for their ser­ ment on the validity of a random arbiter publications, even for how a person vices- sort of like paying taxes system would need to be built. ought to respond to the proposal bulletin (completely voluntary, of course). Some In order to build it, a more specific and how they ought to be treated if they people might prefer to do their own pro­ proposal would need to be formed and don't, and so on . posal watching. College students might somehow published. Other people might Proposals could also be designed for offer their services as proposal watchers. then improve on the proposal, and even­ organized action, such as charity organi­ Or organizations such as churches of tually arrive at a proposal that more and zations, public parks, road building, fire clubs might publish recommendcCtion more people will agree with. And there departments, police departments, volun­ sheets on which proposals to support. would need to be some way for people tary arbitration organizations (as a much­ It would be completely voluntary, no who agree, to tell each other of their preferred alternative to coercive arbitra­ matter which method a person used to agreement-some way that they might tion), planning organizations (probably deal with this need for large scale com­ respond with notices of their agreement. becoming the source of most proposals), munication and cooperation. Yet, for Formulations might be a step in that marketing new inventions, advice and every person, the need would be real and direction.~ inspection organizations, and so on. pressing, as a means of avoiding being You might be thinking that respond­ called for uncontrollable coercive arbi­ Jack Coxe is a cement contractor who ing to all these proposals would be way tration. Natural circumstances would be lives near Jone, California. too much of a burden for most people. compelling. But so is cement work too much of a

Upcoming Topics

(Continued from page 1) other libertarians who join us in founding as: "right," "nation," and "law." I am all a nation. So we should be capable of for it. Whether this grows enough to Law making some intelligent improvements become the topic of a Forum remains to I regularly solicit suggestions for top­ upon the U.S. Constitution. Yet, apart be seen.~ ics for future Forums. Recently Roy from Roderick Long's work, 1 our move­ Halliday suggested "law." Roy noted ment has produced little that has im­ that FNF had addressed this topic before pressed me. 2 (April 1994), but had hardly settled the I have started to formulate opinions issue. I agree. This may become the of what would be good and bad in a 1See Roderick Long's four-part topic for October 1998. constitution,3 but my understanding has "Constitution of Liberty" series in Formula­ not yet matured to the point where I can tions: Vol. I, No. 4, and Vol. II, Numbers 2, Constitutions and Compromises draft a constitution which I would recom­ 3, and 4. Or see his FNF Working Paper, The idea of writing a constitution for mend for our purpose. Draft of a Virtual-Canton Constitution: Ver­ sion 5. a free nation seems paradoxical, because Recently a subscriber solicited my the writer of a constitution must, I be­ comments upon a new constitution which 2 We do have some good works which lieve, compromise some libertarian ide­ she and others are drafting for a county address similar but different purposes. See, als. And, even though I have been study­ in Washington state. This exercise for instance: Frances Kendall & Leon Lauw, ing for years now, I still feel ignorant of proved educational. And, before long, I Let the People Govern, 1989; Spencer Heath how best to manage compromises in for­ hope likewise to work through the U.S. MacCallum, The Art of Community, 1970; mation of a present-world nation. Constitution, pencil in hand, from my and Bernard H. Siegan, Drafting a Constitu­ The U.S. Constitution should provide present vantage. I hope others might join tion for a Nation or Republic Emerging into an excellent starting point for study, as in this. The topic may prove worthy of Freedom, 1992. the authors of that document did well. study again in a FNF Forum. 3 But they were launching into the dark, See my "A State Can Be Designed to Shrink," Formulations: Vol. III, No. 3, and and they had to write a document which The Meanings of Our Words "Thoughts on Dismantling Government." they could sell to a population which was Phil Jacobson has suggested that we Formulations: Vol. V, No. I. only partially libertarian. We now have might do well to compile a glossary of 210 years of experience with their cre­ terms. This would be useful because our ation. And we in FNF suppose that we disagreements often grow from our dif­ need to sell a constitution only to those ferent interpretations of key words such page JO Formulations Vol. V, No. 2, Winter 1997-98 A Theory of Property sects require holy wars to eliminate non­ and the right to stipulate the rules that believers. If one of these sects is allowed others must obey when they speak on Rights for a Free Nation to be practiced, then no other religion your property. It is not the right to speak can be freely practiced in the same soci­ at the same time as everyone else, to by Roy Halliday ety. Antisocial, criminal sects that inter- interrupt, to shout down, or to disregard the rights of others. You should always Private property is essential for a free get permission from the owner before nation. It gives meaning to the concept of using his property as your stage. If the freedom. It clarifies the libertarian prin­ streets and parks and town halls and ciples of justice. And it is a prerequisite theaters and all other meeting places are for trading in a market economy. If the owned by the state, the state must decide founders of a free nation are to have any whether to permit assemblies, protest chance of succeeding, they must have a marches, and speeches. The state has the moral theory of property rights. right to say how the public property may be used, including who may speak there Property and Freedom and what they may say. Under commu­ Freedom and property rights are nism there is likely to be less freedom of tightly related. Freedom means doing expression and freedom of religion than what you want to do rather than what in a private property system. Any free­ someone else tells you to do . The right to dom allowed in these areas under com­ do as you please with your own property munism is at the pleasure of the ruling makes up a large part of your freedom. class and they can end it whenever they On the other hand, other people's prop­ choose. erty rights limit your freedom. Each per­ The more private property you own, son's freedom ends where another per­ the more ability you have to exercise son's freedom begins. A free nation Roy Halliday these freedoms. But what about the poor would be a place where each person is man who has no property? What differ­ free to acquire property and do whatever fere with peaceful religious ( or non­ ence does it make to him whether all he wants with it without interference, as religious) practices must be suppressed property is in private hands or whether it long as he does not trespass on the rights in order to maximize religious freedom. is in the hands of the state? In either kind of others. But in a communist society, freedom of of society, he can't do anything or have Freedom of the press, freedom of religious expression is restricted even for any freedom unless someone who owns religion, freedom of assembly, and free­ peaceful religious practices. In a commu­ property allows him the use of it. In dom of speech cannot be fully realized nist society, the government owns and either case, someone other than he de­ without private property. For example, controls all the capital that could be used cides what actions he is allowed to per­ there cannot be freedom of the press in a to construct temples, churches, mosques, form, if any. This poor wretch is clearly society where all printing presses are golden calves, shrines, and other material in a bad situation under either system. owned and controlled by the state. Even expressions of religious beliefs. The state Even so, he should prefer the private if the rulers do not want to practice cen­ rather than the religious devotees decides property system, because it offers him sorship, unless they are willing to publish which kinds and how many houses of more hope of improving his situation. absolutely everything, which could re­ worship to build, if any. First, in the private property system there quire them to devote almost all resources Even so-called free countries, whose are many property owners ranging from to the publishing industry, they must de­ governments do not directly interfere struggling poor folks to small business­ cide, somehow, what to publish and what with religious practices and which permit men to big tycoons. Somewhere in this not to publish. They must also decide private property, impose general regula­ range there is bound to be someone look­ how many copies they will print of each tions and taxes that limit religious activ­ ing to hire workers or someone with publication, how to distribute them, what ity more than a truly free nation would. compassion looking to help people in price to charge (if any) for each copy, Local governments restrict religious need. ·The propertyless man has many and many other things that can affect the freedom indirectly through zoning laws different people he can plead with or try impact that the publication will have on and building codes. All levels of govern­ to negotiate with to get temporary use of society. 1 ment that collect taxes thereby limit the property. If one property owner turns There cannot be complete freedom of resources that taxpayers can spend on him down, he can try another, and an­ religion in any society. Some religious religion. By demanding tax payments un­ other, and another. But when the state der penalty of the law, all states imply owns all the property, the state is the only 11n 1986, the Marxist dictator of that what they want is more important one he can plead with or try to negotiate Nicaragua banned all newspapers and jour­ than what any god or religious commu­ with. If the state turns him down, he is nals. He denied that this was censorship. He nity or individual wants. done. Second, if he understands eco­ simply explained that the government needed Freedom of speech is the right to say nomics or history, our vagrant will real­ to use paper for more important things. whatever you want on your own property ize that a free-market economy produces

Formulations Vol. V, No. 2, Winter 1997-98 page II more and more wealth and, conse­ because those specific property rights erty." Since the peasants are con­ quently, more and more total freedom, define the boundaries of our peaceful vinced that the property is their pri­ whereas a centrally planned economy actions. vate title, it is no wonder that they fail wastes resources and produces less and Before we can apply our basic rights, to be impressed: but since they find less wealth and less total freedom. In a we must have a way to determine who the supposed champions of property free-market economy there is an increas­ owns what. We need a theory of property rights and free-market capitalism to be ing amount of wealth available for char­ rights. their staunch enemies, they generally ity and there are more new business op­ are forced to tum to the only orga­ portunities for people who are looking Property and Economics nized groups that at least rhetorically for work. In a centrally planned econ­ The free market that libertarians de­ champion their claims and are willing omy, the amount of wealth available for fend consists of people buying, selling, to carry out the required rectification distribution constantly shrinks as · the and trading property rights. The eco­ of property titles- the socialists and planners inevitably misallocate re­ nomic argument for the free market is communists. In short, from simply a sources. Third, in the private property that the market is the most efficient way utilitarian consideration of conse­ system, the propertyless wretch has a to satisfy the demonstrated preferences quences, the utilitarian free­ possibility of someday owning property of consumers. So, if you want the most marketeers have done very badly in and, thereby, gaining some freedom and efficient economy, you need a free mar­ the undeveloped world, the result of independence. Under the state-ownership ket. And if you want a free market, you their ignoring the fact that others than system, he has no chance of ever owning need a private property system. In other themselves, however inconveniently, property and being free. words: do have a passion for justice.3 Before an economy can operate with Property and Justice any kind of efficiency, Mises demon­ Murray Rothbard was an exception to Justice, as I define it, is the part of strates, it must have some means of the rule that economists are morally morality that we can legitimately impose evaluating-that is, calculating- pro­ blind. When writing as an economist, he on one another by force. Property rights duction costs; otherwise, production was as dispassionate and impartial as any play an important role in my theory of becomes a blind, arbitrary process, in other economist. But when discussing justice. It is only a slight exaggeration to which the resources of the community policy, he was not ashamed to make say that all rights are property rights. are certain to be wasted and irra­ moral judgments and to stand up for Rights to specific things are property tionally developed. But economic cal­ justice and freedom. The founders of a rights. But in addition to our specific culation is possible only within a soci­ free nation will need Rothbard's moral property rights, which vary from person ety of cooperative exchange-only, courage and commitment to justice as to person, we all have general or basic that is, within the institutional frame­ much as they will need his understanding rights, which are the same for all of us. work which we refer to as the market. of market principles. These basic rights are not rights to spe­ The relevance of this contribution of The founders will need to know more cific things, so they are not property Mises to our subject lies in the fact than economic theory, because, in a free rights. that private property is the indispens­ nation, they might not have the luxury, The basic rights are: (1) the right to able feature of the market. In purport­ enjoyed by utilitarian economists, of en­ self-defense against invasion, (2) the ing to abolish private property in the dorsing or taking for granted whatever right to be free from invasion, and (3) the means of production, socialism would property titles are recognized by the right to do anything that is peaceful (non­ thus deny itself the possibility of oper­ state. There might be no pre-established invasive). Basic rights (2) and (3) are ating an economy rationally, that is, property rights in the new free nation, so implied by (1), which makes (1) the most efficiently. 2 the founders might have to devise a way fundamental of these general rights. Each to allocate initial property rights to get of these rights incorporates the concept The legal rules pertaining to property the ball rolling. We can't leave this to the of invasion. Invasion is a violation of rights are crucial. The initial distribution free market, because initial property someone's property rights. So, to under­ of property titles might not matter to a rights need to be established before the stand how the basic rights apply in a value-free economist, but it certainly market can begin to function. particular case, we must know the rele­ matters a great deal to a person who finds If it is ever to have an owner it must vant property rights of the parties in­ himself born as a serf or a peasant in a have a first owner. But an item can volved. For example, a person's right to country where all the developed land is enter the market only if it is already self-defense against invasion is sharp­ owned by a privileged class and the un­ owned. Consequently, no matter how ened when we know what particular developed land is owned by the state or much we may admire the free market property he has the right to defend. Our the king. or how important it may in fact be, it right to be free from invasion obligates It is ironic that, in these numerous logically cannot provide the funda­ others to know what legitimate property cases, the only response of utilitarian mental mechanism of ownership. Un­ rights we have, so they can respect those free-market advocates is to defend ex­ less there is some other way of acquir­ rights. Similarly, our ability to do any­ isting land titles, regardless of their ing property the market will never thing that is peaceful depends on our injustice, and to tell the peasants to have a field for operation.4 knowing the property rights of others, keep quiet and "respect private prop- page 12 Formulations Vol. V, No. 2, Winter 1997- 98 Furthermore, even if there are pre­ right to control its use . To control the use some moral agents are not moral agents), established property rights in the new of something, in the relevant sense of the and (3) all moral agents have a right to free nation, it is quite possible that they word control, means to make decisions use the bodies of all moral agents (which are not legitimate. If they are not legiti­ about what to do with it. To make such is unworkable and self-contradictory, be­ mate, it would be wrong to simply ignore decisions, it is necessary to have a brain. cause a moral agent cannot use his own this fact and allow transactions based on Therefore, plants and inanimate objects or any other moral agent's body without fraudulent property titles to be upheld in cannot own property. To simplify the violating every other moral agent's right libertarian courts. If the founders want to problem, I will posit (without offering to use that body). Therefore, moral establish a free nation for honest men grounds and possibly incorrectly) that agents initially must have the exclusive rather than a free nation for thieves, they even animals with brains cannot own property right to their own bodies. have to know the difference. If they sim­ things unless they have the intelligence If someone believes he doesn't even ply let stand whatever property titles and other attributes needed to be moral have the right to his own body, it would were established by the previous regime, agents. be hypocritical for him to say so, because they cannot claim to have created a more My procedure is to list the logical he would have to use his body to make free or just nation. possibilities for property rights and draw the statement. Furthermore, the very con­ So, we need a theory of justice to out the implications of each of these dition of believing something requires determine whether the pre-existing prop­ hypothetical rights. Then, since we are the possession of a brain. It is physically erty holdings in the new free nation are looking for rights that we want our fel­ impossible to believe that you don't own legitimate, or, if there are no pre-existing low men to respect, I rule out any hypo­ yourself, if you don't own a brain. In property holdings in the free nation, then thetical rights that would make it impos­ what sense can the belief that you don't we need a theory of justice to determine sible for us to live as moral agents. We own yourself be your belief if you don't how property rights can be established. cannot be morally responsible for re­ own a brain that thinks such a silly Once we know who legitimately specting rights that fail this test. Another thought? owns what, we can proceed to exchange test that I use for property rights is that Nature has formed us so that as soon property titles following the well under­ they must be compatible with the basic as we are born we use our bodies without stood principles that the free-market rights that I listed earlier. (I don't have asking permission from anyone. Nothing economists have written about at length space in this paper to explain how I could be more natural than this freedom. and that have been practiced in real mar­ derived these rights, but I think most Any scheme of communal ownership that kets for ages. libertarians will not find them objection­ does not allow at least this much private able.) Of course, I also rule out any property is absurd. A Theory of Property Rights hypothetical rights that are self­ However, you can temporarily lose In the following sections I present my contradictory. The rights that pass these the right to your body by committing an theory of property rights. It is a general tests are the only ones that could possibly act of invasion that requires someone to theory that applies to all moral agents. A be valid. use violence to defend themselves from moral agent is an individual who is you. This must be true, because if the morally responsible for his acts, because The Right to Own Yourself right to one's own body were completely he can understand moral principles and At some time in the distant past, the inalienable, there would be an irreconcil­ can consciously choose between right first moral agents appeared. What prop­ able conflict between the rights of the and wrong as he goes his way through erty, if any, was each of them initially criminal aggressor and his victim. The life. The only moral agents we know entitled to? right of the victim to defend himself about are human beings, so I use exam­ First of all, they must have had the against invasion would conflict with the ples drawn from human life. But, if exclusive property right to their own inalienable right of the criminal to his someday we discover other social crea­ bodies. To be a moral agent means, own body. There can be no such conflict­ tures who have the intelligence and other among other things, to be able to think ing rights. One of these rights has to go. characteristics necessary to be moral rationally and to act. For a human being, If we give up the right of the innocent agents, then my theory would apply to it is not possible to think or to act without victim in favor of the right of the crimi­ them too, and they would have the same the use ofa living mind and body. There­ nal, we will soon have a society ruled by basic rights and responsibilities that we fore, for a person to be a moral agent, he crimiI)als who will prevent innocent peo- have. must be alive and he must have the pri­ By definition, moral responsibility vate property right to his own mind and 2Sylvester Petro, "Feudalism, Property, applies to moral agents and only to moral body. Everyone naturally assumes he has and Praxeology," in Property in a Humane agents. Private property, justice, and this right. It is the basis of all other rights Economy, p. 163 . morality have no meaning unless there to specific property. The only other logi­ 3 are moral agents that these principles cal possibilities are: (1) no one has a Murray Rothbard, "Justice and Property impose obligations on. So, if a rule is not right to his own body (in which case Rights," in Property in a Humane Economy, p. 120. compatible with the existence of moral moral life and moral action are impossi­ agents, it cannot be a valid moral rule. I ble), (2) some moral agents have a right 4George I. Mavro des, "Property, " in use this as a test for property rights. to use their bodies and others don't Property in a Humane Economy, p. 185. To own property means to have the (which leads to the contradiction that

Formulations Vol. V, No. 2, Winter 1997-98 page 13 pie from acting as moral agents by either suicide. It is up to you to decide whether moral decisions, and we can't do that killing them or enslaving them. The rules to do things that are pleasurable or unless we are alive. It is contradictory to of justice cannot be such that they favor painful, healthy or harmful, wise or fool­ say that morality requires moral agents to an unjust society. So we must have the ish. As a moral agent, you have the right not be moral agents. There must be a right to use force in defense against those to choose for yourself and a duty to let legitimate way to obtain ownership of who are invading us, which means that a other moral agents choose for them­ such things as food and water that we person's ri ght to his own body is condi­ selves. need for life, otherwise, we cannot be tional, and it depends upon his behavior. moral agents. Since we know there must A person has this right when he is not Other Property Rights be some legitimate way for moral agents trespassing on someone else's rights. But Now that we have established that to acquire property rights to economic when a person is acting as a criminal, he every moral agent has a private property goods, let's consider next whether the loses this ri ght and others gai n the right right to his own mind and body, we need legitimate right to own one of these to force him to stop his criminal activity. to know what else may be claimed as goods pertains to individual moral agents The first of all alienable property property, and what conditions establish or to groups of them. There are three ri ghts, the right to one's own body, helps legitimate ownership. possibilities for ownership of any partic­ to define the ri ght to self-defense, the To be physically ownable, a thing ul ar economic good that is legitimately right to be free from invasion, and the must be appropriable and controllable. owned: (1) All moral agents share own­ right to do anything that is peaceful. Some things by their nature, or because ership, (2) a particular group of moral Since we have established that we have a of our limited technology, cannot be ap­ agents owns it exclusively, or (3) a par­ legitimate property right to our own bod­ propriated and, therefore, cannot be ticular individual owns it exclusively. ies, we can use this fact to define some of owned by anyone: the sun, the stars, the If (1) everybody in the universe or (2) the most serious crimes. laws of nature. We can all use and bene­ everybody in a particular group has a Because moral agents own their bod­ fit from these things, but we cannot indi­ right to use the same economic good at ies and have a basic right to defend what vidually or col­ they own, they don't need permission lectively own from anyone else to defend themselves them. (Since we against physical attack. Except in the can never own case of legitimate self-defense, it is a or control them, violation of a person's ri ght to hi s own the laws of na­ body to kill, mutilate, torture, kidnap, ture place per­ imprison, or have sexual contact with manent limits on ' him without his consent. our freedom. No Most societies prohibit these activi­ nation, not even ties in the private sector, but the right of the one with the each person to his own body also means most freedom, that some widely condoned actions of can liberate us from these laws.) Also, to the same time, moral judgments about it police officers, prison guards, and sol­ be ownable a thing must exist and be become illogical. If you and I have the diers are crimes. Military conscription, known to exist. We cannot now own next full right to use and control the same for example, is a crime that entai ls kid­ year's crops or an undiscovered island. thing, then each of us has a duty to allow napping and slavery. The war against Before something can be owned, the other to use and control it, which drug users often entails the crimes of someone has to want to own it, which means we have a duty not to use or kidnapping and imprisonment. The real means it must be the sort of thing that has control it ourselves, which contradicts wars that states periodically wage often value to someone, and it must be scarce the premise that started this sentence. So involve mass murders on both sides. enough for it to make sense for someone options ( 1) and (2) require additional The right to one's own mind and to want to economize or optimize its use. protocols for allocating control of eco­ body, like all other property rights, is If it is so abundant that no matter how nomic goods within the group. This is a alienable. You may voluntarily risk your much of it is used there is still plenty big problem for option (1), but it is a life or even kill yourself. You may also more to be had without effort, then no manageable problem for small groups. voluntarily alienate parts of your body one will care who uses it and it won't If the problem of allocation within such as your blood, kidneys, and other cause any disputes. Scarce things that the owning group is not solved so that organs. You may bite your fingernails, people value are called economic goods. one individual in the group gets the ex­ suck your thumb, disfigure yourself, let These are the things that people will try clusive right to use a particular item, then you hair grow down to your waist, or pull to own . options (1) and (2) are incompatible with it out by the roots . Your body is yours. If there is no way for anyone to ever life. For example, if all food is fully Since you own your body, you have legitimately own economic goods, then it owned by all moral agents or by every­ the right to do anything with it that does is a crime to drink, eat, or even go on one in a particular group, then each not violate anyone else's rights. For ex­ living. But, if we don't do these things, moral agent has to abstain from eating ample, you can choose to sleep, work, we can't be moral agents, because moral­ food, because if one of them eats it, the play, si ng, dance, make love, or commit ity consists of taking actions based on others can't have it, which violates their page 14 Formulations Vol. V, No. 2, Winter 1997-98 rights. They would all have a moral obli­ impossible to share the direct benefits of that society owns the individuals, it gation to starve to death. This is absurd. ingestion and digestion. We are separate cannot own what they appropriate. Therefore, (3) private property, at individuals with our own digestive sys­ It is true that the two members of least for some consumable goods, is logi­ tems. We are not part of one political, our little society can agree jointly to cally necessary (for moral judgments to social, or collective body. What is true of appropriate land of which they will make sense) and physically necessary food applies equally to many other goods be co-owners. But in this case the (for moral agents to live). Examples of that are consumed. initial decision is entirely voluntary, things that must be appropriated by the Fortunately, hardly anyone believes and each one is an individual owner individual to the exclusion of everybody in universal ownership of everything. of that property and may abandon his else, and which must be allowed as pri­ Any group that practiced it would soon share of ownership at his own plea­ vate property if human life is to be justi­ cease to exist. Almost everybody recog­ sure. fiable, include one's own mind and body, nizes the need for private ownership of Thus we see that the thesis that food, air, water, and standing room. some consumer goods. Those who do not society is the original owner of land verbally acknowledge such private prop­ cannot stand up under analysis.5 Private Land erty rights, nevertheless, act as though If it were true that all men have an they believe in them. Anyone who eats So, individual moral agents can have equal right to all the earth's land and without shame affirms private property rights and can share rights, but society, resources, it would be wrong for anyone rights. We should admit that we reject as a separate entity apart from the indi­ to use any part of the earth without the the idea of universal ownership of con­ viduals in it, does not exist, so it cannot prior approval of every other living per­ sumer goods, because we reject the idea have any rights. This means that individ­ son. If a man in Ohio wanted to start a by our actions every day. ualism, but not collectivism, can provide farm, he would have to get the approval Universal ownership of capital goods a realistic basis for moral philosophy. of his neighbors in Ohio, his fellow (goods used to produce other goods) is If we make a distinction between uni­ countrymen, and all the residents of also impossible. As we have seen in the versal ownership and communal owner­ South America, Europe, Asia, Africa, case of the Ohio farmer, universal own­ ship such that universal ownership means Australia, and everywhere else. Remem­ ership of land makes it impossible to get that every moral agent in the universe ber, the assumption is that they all have permission to use land. The same is true shares ownership of something (option an equal right to the land he wants to use. about universal ownership of anything. (1) in the previous section) and commu­ Even if we accept the doubtful If we substitute "societal ownership" nal ownership means that only the moral premise that the State of Ohio represents for "universal ownership," it doesn't agents in a specific community share the rights of all the residents in Ohio, and solve the problem. This substitution ownership ( option (2) in the previous that it has the right to co llect from the might be a good debating tactic to try to section), then communal ownership of would-be farmer the rent due to the citi­ trick a person into thinking that some­ capital goods is not impossible. Some zens of Ohio for their share of the land, thing other than an individual can have people could survive under a system of the farmer's payment to the State of Ohio rights, but when you realize that society communal ownership of all capital would hardly begin to discharge his obli­ is nothing more than a set of individuals, goods, although most of those living to­ gation to the rest of the world's popula­ you will not fall for this trick. Father day would starve to death if a single tion. He would still owe rent to everyone James Sadowsky showed that the idea of commune was instituted worldwide, be­ living outside Ohio. And, if anyone in the societal ownership is nonsense: cause such a system would be so ineffi­ world did not approve of his using the Consider first the ownership of the cient that it could not produce enough land as a farm, by what right could he individuals. In so doing we shall sup­ food to go around. appropriate the land? pose a society made up of two indi­ A major problem with communal This line of reasoning could be ap­ viduals, A and B. There are but two ownership of capital goods is that when plied to all other natural resources, with possibilities: A owns A, B owns B, or the commune gets too large for everyone the result that universal ownership makes A owns B, or B owns A. There is no to keep tabs on everything, it often it impossible to morally use any natural third entity that can own them both. changes into a dictatorship. Instead of a resources and makes moral action and But there must be a third if both of commune in which everyone participates moral life impossible. them are to be owned; that is, for in controlling the common capital re­ As nature has made it impossible for them to belong in the literal sense to sources, we end up with a tyranny in one man to think for another by giving society. If we suppose that A owns B which the state controls the people. It is each man his own independent mind, or the opposite, we still do not have not private property rights that conflict nature has also privatized other property societal ownership but individual with human rights, it is communal prop­ rights. Food, for example, is of no use ownership. Now since the appropria­ erty rights, administered by so-called unless it can be eaten, that is, appropri­ tion of nonhuman goods takes place representatives of the people, that con­ ated in such a way as to be the exclusive, via the activities of people, it follows flict with human rights. private property of an individual. Except that what is appropriated by the indi­ 5 when a woman's body nourishes a fetus viduals will belong to the owners of James A. Sadowsky, "Private Property in her womb and perhaps in some cases the individuals. Since it is impossible and Co ll ective Ownership," in Property in a of Siamese twins, nature has made it Humane Economy, pp. 95- 96.

Formulations Vol. V, No. 2, Winter 1997- 98 page 15 However, communal ownership of were free to use the earth's resources earn property rights. Prehistoric people capital goods on a small scale such as without fear of violating anyone's prop­ took it for granted that they owned them­ within a family, a business partnership, erty rights. They could appropriate any­ selves and the things they appropriated or a joint-stock company can economize thing that was not already appropriated by their own labor. on transaction costs and be efficient un­ by someone else. All legitimate property rights are ulti­ der the right circumstances (that is, The natural law by which unowned mately derived by the homestead princi­ within an overall framework of private resources become private property is ple. Even the right to one's own body is property and a free market). Communal called the homestead principle. The consistent with it. Most people who have ownership of some capital goods is cer­ homestead principle can be stated as fol­ thought about it at all have assumed that tainly possible and even desirable, but it lows: the homestead principle applies only to does not necessarily trump or preclude By mixing your labor with unowned property external to the individual. But it the possibility of private ownership of natural resources those transformed need not be limited in this way. It is not other capital goods. Consider this argu­ resources become your property. strictly true that the individual does noth­ ment: ing to earn his natural endowments. The Now let us suppose that in various The reasoning behind the homestead individual is the first person to mix his manners I deploy my activity upon principle is that if you use property that labor with these previously unowned en­ material nonhuman goods that are pre­ you already own, such as your labor, to dowments. Therefore, he is the home­ viously unowned. By what right does transform an economic resource that be­ steader and owner of them. The first anyone stop me? There are but two longs to no one, the transformed resource unowned thing that each person uses, the possible justifications: either he has becomes a mixture of your property and first thing that each individual home­ the right to direct my activities by nobody else's property, so it becomes steads and makes private property of, is using violence (in other words he yours. For example, suppose a family of his own body. For human beings, this owns me) or else he owns the material primitive people are foraging for food starts while the person is still in his goods in question. But this contradicts and they come upon a patch of wild mother's womb.7 Nothing could be more the assumptions we have already berries. The berries, being wild, are no natural than to grant ownership of a kid­ made: that each human being is self­ one's property and are therefore available ney, a heart, a brain, a limb, a tongue, or owned and that the material goods in to this family. As each member of the any other part of the human anatomy to question are not previously owned. family picks a berry and eats it, that berry the first user- the individual himself. This man is claiming either to own me becomes the property of that person and The private property right to one's or the property I think I have acquired. no one else. Who could deny the justice own mind and body is logically and The only factor open to question is of this? Now suppose the mother is able chronologically the first right that every whether the other man had peacefully to reach more berries than her little child human being acquires by the homestead acquired the land before me. But to and she picks a handful of berries. Are principle. raise this question is to concede the these berries not hers to consume or give The most obvious example of the right of private property which is the away as she chooses? When she gives homestead principle, and the reason for thing we are trying to establish. Now, some berries to her child and keeps the its name, is the clearing of land by set­ if no one man has the right to do this, others in her hand, are not the berries the tlers for the purpose of building a home­ it follows that no greater number may child eats now his property and the stead. The cleared land becomes the do so, for the same question that was berries in her hand still hers? What prin­ property of the person or family who asked of A may be asked concerning ciple other than the homestead principle clears it, because they mixed their labor, C, and so of all the others. Surely, if can explain her right to keep or give their private property, with the unqwned this is true of any of them taken singly, away the berries in her hand? land. ' there is no reason to suppose that they Consider another example. Suppose Exactly how much and what kind of could properly do this if they banded the father in this family discovers that by labor must be used to establish title to together. 6 smashing stones against each other they previously unowned natural resources? I shatter and sometimes break into pieces cannot give one simple answer that So a community has no greater right that have sharp edges. Suppose he does would cover all situations. This needs to to stop an individual from appropriating this and uses one of the sharp pieces as a be decided in common law courts, case unowned economic resources than the cutting tool. Wouldn't this tool, this capi­ by case, as new situations and new forms individual has to stop the community. tal good, be his property? What principle of property arise. But I can list some How then do we decide who has the right could explain this better than the home­ kinds of claims that are too weak and that to use these economic resources? stead principle? should not be upheld in libertarian So we see that the homestead princi­ courts. The principles that have been How Ownership Is Established ple explains how the first consumer offered historically as alternatives to the We have already seen that when the goods (berries for example) and the first homestead principle are too weak. For first moral agents appeared they must capital goods (knives for example) could example, it is not enough to simply dis­ have owned their own minds and bodies. become legitimate private property. The cover unowned land and claim it for Everything else must have been un­ homestead principle is the most natural yourself. Discovering and claiming do owned. Therefore, the first moral agents way as well as the most logical way to nothing to transform the natural re- page 16 Formulations Vol. V, No. 2, Winter 1997-98 sources. Discovering something is not as difficult it is to make decisions about may do with your property include: using strong a claim as mixing your labor with what to do with the property and the it up, giving it away, destroying it, gam­ it, it is merely seeing it. Claiming some­ more likely it is that disputes will erupt bling with it, trading it, lending it to thing is not as strong a claim as mixing over control of the property. someone, and using it as capital to pro­ your labor with it either, it is merely A more complicated alternative for duce other property with which, in turn, saying something about it. When Balboa an entrepreneur who already has property you can do any of these same things. "discovered" the Pacific Ocean and that he is willing to trade, is to hire others Others have the same right to do claimed title to all the land that it touched to do the homesteading labor under terms things with their property that you have in the name of Spain1 he established no whereby the laborers agree to give the with respect to your property. Conse­ property rights at all. Even if he had entrepreneur title to the fruits of their quently, it is your duty to allow them to actually been the first person to discover labor, including their homestead title, in exercise their property rights, and it it, Balboa did nothing to transform the exchange for some of the property that would be a crime for you to destroy or entire Pacific Ocean and make its shores the entrepreneur already owns. This can take their property without their permis­ his own or Spain's. have advantages for the laborers and the sion, or to forcibly prevent them from Conquest cannot be a legitimate basis entrepreneur. The laborers get paid with­ peacefully using it. for rights, because conquest is a denial of out having to wait until the crop (or Much more could be said about prop­ rights. If A holds property as a result of whatever product) is sold, and they get erty rights. Volumes have been written conquest and B conquers him, then B has paid even if the crop (or whatever) fails. about property rights under the law of the same basis to claim the property that The entrepreneur takes all the risk. The contracts, and, as I recall from the busi­ A had to claim it. But B's claim denies advantages for the entrepreneur are: ( 1) ness law course I took in college, a lot of the legitimacy of A's claim, which means He can employ more labor and acquire it makes sense, because it describes rul­ that B's claim, which is based on the more property this way than if he had to ings made in common law courts. Some same principle as A's, must also be ille­ do all the homesteading labor himself. topics such as pollution of the environ­ gitimate. Conquest as a principle for es­ (2) If the enterprise is successful, he will ment, tort law, and responsibility within tablishing rights is self-contradictory. be able to sell the product for more than corporations warrant extensive treat­ Nor can legitimate property claims be it cost him. ment. In the space I have left I will touch established by decree or edict. A king or There are many more complicated upon one topic that I believe the founders a pope or a congress cannot legitimately contractual arrangements that could be of a free nation might have to deal with: acquire or grant title to resources merely made, but to be legitimate, they must land reform. by proclamation. Unless someone has resolve to voluntary exchanges of prop­ mixed his labor with them, the king's erty titles that ultimately are established Land Reform deer are unowned and so is the royal by the homestead principle. Suppose a group of libertarians takes forest. The homestead principle explains control of the legal system in a country In 1803, parts of the Louisiana Terri­ how we can obtain the private property that has a feudalistic system of land own­ tory were owned by "Indians" and white right to previously unowned things such ership. In this feudalistic system, all the settlers, and most of it was not owned by as our minds, bodies, labor, land, and land, including the undeveloped land, is anybody. Napoleon never owned any of other natural resources. After someone "owned" by a small class of noble lords, it. So when President Jefferson negoti­ has established legitimate title to some­ and all the labor done on the land is done ated to pay Emperor Napoleon millions thing, he can transfer the whole title or by a large class of ignoble serfs who, of dollars for it, no legitimate property part of it to another moral agent by giv­ traditionally, are not free to leave and titles were transferred. What Jefferson ing it away for free or by making a who are required to pay an annual fee to got from Napoleon was not property but voluntary exchange for someone else's their lords for the privilege of laboring a promise not to interfere with American property. Private property may be ac­ and living on their lords' land. Under this homesteaders in the Louisiana Territory. quired in any way that does not violate system there is no market in land or in But Napoleon had no right to interfere the rights of any moral agents, that is: labor. The "ownership" of the land by the with homesteaders in the first place, so 1. By the homestead principle: being noble lords does not include the right to he gave up no rights. the fust to transform an unowned sell or bequeath the land at will. The king Legitimate property titles cannot be natural resource, or by using your is the ultimate dispenser of all land. The established by mere discovery, or by property and labor to create 6 Ibid., pp. 86-87. making proclamations, or by fraud, or by something new, or by being the conquest, or by making protection pay­ first to homestead something that 7 More or less simultaneously, the fetus ments to would-be conquerors. The sim­ the previous owner has aban­ also begins to use property that is already plest way tq establish a legitimate prop­ doned. owned: his mother's body. It is not our own erty title to unowned resources is by 2. By receiving a gift. body that we have no right to, it is our being the first one to use and develop 3. By voluntary exchange. mother's body that we need permission to use. those resources with your own labor. Legitimately acquired possessions If a woman decides she does not want a fetus This can be done by an individual, or, in are yours to do with as you please as long living inside her body as a parasite, she can, some cases, by a family or by a small as you do not violate someone else's in justice, have an abortion. Abortion is, pos­ sibly, the least fair of all just acts. group. The larger the group, the more rights in the process. Things that you

Formulations Vol. V, No. 2, Winter 1997-98 page 17 nob les are overlords who have been able to exchange with each other on an Previous issues of Formulations have 8 granted holdings by the king or by other unhampered basis. included articles that draw out the impli­ overlords whose authority is derived cations of property rights for such con­ from the king. The serfs, or tenant farm­ However, there is more to libertarian­ troversial topics as vo luntary slavery, ers, provide material support to their ism than economics. As we have seen, punishment, copyrights, and patents. I overlords. The overlords, in turn, provide the libertarian prohibition of invasion hope that more controversial topics will military and material support to the king. rests on a moral theory of entitlements to be addressed in future articles. Applying The relationships among the over­ private property, which, in turn, rests on the homestead principle and the other lords, and between the king and the over­ the homestead principle. If libertarians principles of justice is not always simple. lords, and between the overlords and the took over the legal system in a feudalistic Many tough questions remain to be an­ serfs are based on status rather than con­ country, they would use the homestead swered. For example, is there any way to tract. This status is largely based on land principle to bring about land reform. establish title to a scenic wonder such as holdings, which, in turn under feudalism The king's and overlords' claims to the Grand Canyon so that it can be pre­ are derived from conquest and land­ own undeveloped land would not be up­ served in its natural beauty? How much grants from the king. The system is as held in libertarian courts. All such land air pollution constitutes a criminal inva­ complicated as the IRS tax code. There would be treated as unowned land that is sion? How much and what kind of assis­ are many different forms of tenure with available for homesteading. tance can you give to a criminal or to a fancy Latin and French names, and many Furthermore, peasants would be able state without becoming a criminal your­ different kinds of courts for people of to sue the king and the overlords for title self? How much restitution can you different status. Sometimes the jurisdic­ to the land the peasants or their ancestors forcibly exact from a criminal before you tions of courts overlap. Sometimes new developed. The king's claim is based on begin to violate his rights? status levels and new kinds of courts are conquest. The overlords' claims are It is too great a task to answer all created. Sometimes they change the based on land-grants from the king. such questions a priori. We don't have to names in case anyone was beginning to These claims would carry no weight in figure out all this before we create a free understand the old names. The average, libertarian courts. The peasants' claims nation. We can wait to resolve some of illiterate peasant doesn't stand a chance are based on the homestead principle and these issues case by case, as they come in this system. The complexity of it is inheritance. Libertarian courts would up in real life. We only have to establish used to defraud the peasants of their rule in favor of the peasants. If the peas­ the principles in advance. When the need rightful property by making law incom­ ants can prove that they are the heirs of arises, the principles can be applied to prehensible and masking the simple truth the original homesteaders, the peasants specific cases by the interested parties. that the king's authority, being based on will prevail on that basis. If the identities In a free nation, common law will conquest, is not legitimate. of the original homesteaders are un­ continue from where it left off, before it What changes should libertarians known, the court will rule that the lands was taken over and corrupted by the make to this system? First of all, the serfs belong to the people who live and work state. b. should be granted freedom to leave their on the lands now- the peasants. The re­ homes. This by itself would make little sult would be that the rightful owners, the difference to them in a country with no peasants, will become the legal owners of 8James A. Sadowsky, op. cit., p. 92. available farm land, when farming is the their farms. The king and his overlords 9 only way they know to make a living. will lose title to their ill-gotten lands, and For a more complete explanation of how Second, owners of land should be al­ they will receive no compensation. If the principles of justice should be applied to lowed to sell, trade, rent, or bequeath anyone deserves to be compensated, it is existing property titles, see Murray Roth­ 9 bard's "Justice and Property Rights" in Prop­ their land to whoever they choose. These the peasants. erty in a Humane Economy, especially pages measures would allow labor markets and 115- 121. land markets to develop. This is about as Conclusion far as most free-market economists can Private property is essential for a free go, because they don't have any moral nation. Without a state to establish initial theory about the justice of original prop­ property rights by fiat, the founders of a Roy Halliday is a paleolibertarian, a erty holdings. free nation will need to have a theory of fath~r, and an alumnus of Grove City For the most part, those who pay lip justice based on the homestead principle College. service to the market show little desire so initial property rights can be estab­ to question the property arrangements lished and the free market can begin to in these areas. This is why they have function. If property rights have already little to say that would interest the been established, the judges in the liber­ poor and downtrodden in these coun­ tarian court system still need a theory of tries. These people have come to asso­ justice based on the homestead principle ciate the free-market system with the to rectify any fraudulent, illegitimate, or approval of the status quo. They will oppressive property titles. not be greatly helped by the fact that from now on their oppressors will be page 18 Formulations Vol. V, No. 2, Winter 1997-98 Organizations: The Ability of Insignif­ 3. If we step back and view this ab­ Engineer's View of Morality icant Creatures to Exploit Large Pat­ stractly we could sympathize with an terns alien who, looking through a telescope (Continued from page 24) I have tried to show that, in order to from a distant planet, noticed not a bil­ wise, it must occasionally recharge its have any hope of surviving, individual lion things, individual humans all strug­ store of certain raw materials from living creatures must pattern their actions gling to make their best in life, but only re latively-concentrated sources of these in particular ways in response to patterns one thing, one organization exploiting raw materials. that the creatures sense in their external one environmental feature. The alien For example, suppose our robots can environments. Now I will try to extend might think this organization was one live on doughnuts, and suppose they find this, to show that organizations of crea­ organism. Indeed, this view of life is themselves on a planet which has many tures can hope to survive only if the becoming common in modern science.4 doughnuts lying about on the surface. organizations (through the actions of For another example consider a green About one doughnut can be fo und in their constituent creatures) pattern their plant, with its millions of cells in roots, every li vi ng-room-sized parcel. But actions in response to features wh ich ex­ leaves, and stem. The environment in there are lots ofrocks lying about too. In ist in the environment. which these cells live has a feature: fact there are about a hundred times more Here is an example. Suppose there is above the ground there is abundant en­ rocks than doughnuts. And unfortu­ a planet which has two continents . The ergy in sunlight and below the ground nately, every time a robot tries to eat a first, a frozen polar continent, gets 99% there is abundant water; but the distance rock, it breaks one of its ten teeth: of the planet's precipitation, but is so between these two necessary resources is So, in order to survive, the robots covered with glacier that only a few too great for any of the cells, acting must have some sense which can distin­ blades of grass grow during the warm alone, to exploit. The plant is an organi­ guish rocks from doughnuts and must week of summer. The second is a vast, zation in which each cell plays a part. learn to act appropriately in response to warm desert, with fertile soil but no wa­ Without participating in the scheme of this sense, trying to eat only doughnuts. ter. Notice the possibility for agriculture, the plant probably few of these cells This is what I mean by "exploiting a if water can be transported from one could have survived in this environment. pattern in the environment." continent to the other. For life to be possible: Suppose that this agriculture, if Tabletop Critters 1. the environment must have pat­ achieved, could support a population of Now I will develop one more exam­ terns, such as concentrations of one billion humans for the foreseeable ple, which will serve to illustrate my nourishment; future. But suppose that at present, with points about morality. 2. living things must sense these pat­ no agriculture, only ten thousand humans Imagine a flat surface, perhaps a terns; live on this planet, and they live near tabletop, upon which some tiny, perhaps 3. the living things must choose ap­ starvation in scattered bands. one-celled, critters live. These critters propriate actions to enable them Now obviously the task which we need both water and sugar to live, and to exploit the patterns. see, which promises vast wealth in the this tabletop upon which they find them­ For another example, imagine an ex­ form of crops, cannot be achieved by any selves is basically a desert. The wind ceptionally simple creature. It meets one of the humans. This task requires blows, and occasionally deposits a few only two types of objects in its environ­ companies, or whole industries, of ice molecules of water or sugar within reach. ment: food and predator. And it finds carvers, shippers, and farmers. But, This just barely enables them to survive itself equipped with two actions which it equally obviously, the humans can and reproduce themselves. can perform: it can attempt to ingest or achieve it, if they organize and combine Now suppose that onto this tabletop attempt to defend. If it is to live long it their efforts appropriately, each doing a fate places a drop of water at some spot, must choose appropriately: attempting to small part of the whole task. and a crumb of sugar at another spot a ingest when it meets food and attempting Now, here are three points: centimeter from the water. Suppose that to defend when it meets predator. 1. The organization of efforts is not this distance, a centimeter, is much fur­ In this usage you may notice that I arbitrary or random. A human, even ther than any one of these critters can intend a broad meaning for "choice." It though he can act in thousands of differ­ travel in its entire lifetime, but suppose could be conscious, as in high-level ani­ ent ways, ifhe aspires to contribute to the that the critters do have ability to pick up mals, but more commonly it is uncon­ success of the whole organization must raw materials, carry them for small dis­ scious. Most commonly, I expect, this choose from among only those few acts tances, and then drop them again. choice happens at the molecular level, which contribute to exploitation of the when a molecule responds in a given way large environmental feature. to a given circumstance. 2. The life of the vastly-larger popu­ And note that choices need not be lation is made possible by exploitation of 4John Stewart reviews this concept in the perfect. A creature can occasionally the noted environmental feature, and this Introduction to hi s paper "Evolutionary Tran­ make mistakes, and must succeed only larger population could not exist if it did sitions and Artificial Life," Artificial Life, often enough to maintain its vital stores not exploit this feature ( or some other Vol 3, No. 2 (Spring 1997). of energy and materials. later-discovered feature which produced as much sustenance, or more).

Formulations Vol. V, No. 2, Winter 1997-98 page 19 This environmental feature, the pair ofreserves of water and sugar, looks like a niche ready to be exploited. If the critters can learn appropriate rules of behavior, millions of them can start to live in a filament of trade between the water and sugar. The critters who would make up this chain of trade would need to follow some simple rules. Such rules might be: 1. If you see water on the left, carry it to the right and set it dow~. 2. If you see sugar on the right, carry it to the left and set it down. 3. If you get thirsty or hungry, help yourself to what you need from the materials that pass through your possession. With this model before us, we can consider two points. But in other cases the rules will not fortunately he has also taken in a full l. The rules (reminiscent of the suggest themselves to the senses of the store of sugar, enough for his needs for planet with two continents) are not arbi­ critters. This turns out to be a complex six months. trary. The rules work because they help field. Hundreds of books could be writ­ Not compelled by circumstance to the critters exploit an environmental fea­ ten on ways to discover rules. For this forage for sugar, Sam has a choice: He ture which is bigger than any of the paper I will introduce just a few ways. can bide his time, or he can do good. He critters, and which none of the critters can sit in his living room and watch TV. can change. So in a sense the environ­ Morality: Biased Experimentation Or he can, with not much more drain ment in which the critters live determined Generally I suppose that the creatures upon his store of sugar, carry units of the rules, more than the critters them­ will be programmed to learn from experi­ water outward from the vast wealth with selves. ence. Assuming they have prior experi­ which he is bestowed, and leave them in 2. The perhaps-surprising fact that ence which seems relevant, they will be the nearby desert, in locations which he millions of critters can live successfully biased to favor an act which has previ­ learns are sometimes visited by thirsty by following only a few simple rules ously led to success and to avoid an act brethren. It costs Sam almost nothing, derives from the simplicity of the envi­ which has previously led to failure. But and it feels good to help those poor ronmental feature. The rules are simple if they lack experience (if they find them­ critters. because the feature (a distance separates selves in a new circumstance) they will Now, this charity in distribution of the two essential resources) is simple. be programmed to try something any­ water might be named "morality" by one how, perhaps an act selected at random. outside observer. But another might How Will the Rules Be Learned? Thus programmed we can expect that name it "investment in research." If the While this much seems obvious, we a community of creatures will, given needy critters out there in the desert arrive now at a difficult question: How enough time, eventually stumble onto the move about randomly, until they either are the rules to be learned in the first combination of actions which constitute find what they need or die, Sam may place? a chain of mutually beneficial trade. But connect with a greater density of wander­ We can imagine one case in which of course the length of time required by ers who need water if he carries his gifts the rules will be relatively easy to dis­ random experimentation could be too of water outward in a particular direc­ cover. This is the case where the whole long. So these creatures need clever tion. That direction will probably be chain of traders can see, or sense in some ways to speed up discovery of rules. toward some nearby crumb of sugar, al­ way, the significant environmental fea­ Indeed, the species of creatures that sur­ though Sam may never comprehend this. ture which supports the rules. If each of vive best will be those who have, en­ As life on this tabletop continues, the critters can see the mountain of water coded in their genes, the cleverest possi­ with Sam sometimes trying to connect in one direction and the mountain of ble strategies for discovering new sets of with critters who need water, Sam may sugar in the other direction then, if the rules (to exploit new environmental fea­ one day find himself the recipient of a critters possess some powers of logic, the tures). Here, I propose, we might find gift of sugar. rules will quickly be discovered. morality. Now, recall that Sam was undertak­ For example, suppose Sam is one of ing this charity because, enjoying some these critters. At the moment Sam finds reserves, he had a choice. But he contin­ himself fat and happy. He lives adjacent ues to be a self-interested critter. Ini­ to a drop of water, so he wi ll never go tially Sam fe lt no expectation that he thirsty, not in a thousand li fetimes, and would receive sugar when he carried wa- page 20 Formulations Vol. V, No. 2, Winter 1997-98 ter out to a particular spot. But, having Now I will make a pair of statements, Considering whole populations, once received sugar there, he may start to which seem to follow from what we have probably some populations stand to gain feel some hope upon returning to that developed so far. more than others from tolerating, or en­ spot. Looking to the past, most of the ad­ couraging, tests of rules. Considering If the probability increases that his vances that have been made by life on individuals within populations, similarly, offering will be reciprocated, he may Earth have consisted of discovery, by probably some stand to gain more than start to think of carrying water to that creatures, of new rules of behavior which others from launching a test of the rules. spot as a wise gamble. And if the proba­ have enabled the creatures, within orga­ And considering the rules themselves, bility increases still further, to near cer­ nizations, to exploit environmental fea­ probably some beg to be · challenged tainty, he will think of it as a way to get tures which the creatures had hitherto more than others. I assume that the sugar. He can reasonably see himself as been unable to exploit, either as individu­ programmer of my genes figured this out possessing a choice to get sugar when­ als or through existing organizations.5 long before I did. ever he wants it. Thus, charity can be an Looking to the future, most of the investment that grows to private trade. advances that we living things might Specialized Leadership Now consider these three points. make consist, likewise, of discovery of A species might wisely employ a 1. This example should make it clear new rules which will enable us to exploit strategy of · sprinkling, among its to us that many organizations create environmental features which we have progeny, a certain proportion of natural­ themselves. Generally speaking, these hitherto been unable to exploit. born rebels. Thus, while most individu­ organizations were not planned. And no als might be stalwart citizens, wanting plan for these organizations ever existed. Rules for Testing Rules success only within existing norms, a few The organizations just grow, where capa­ Any given organism may possibly will feel happier with themselves if they ble creatures live within reach of ex­ live its entire life successfully by follow­ rattle the cage. This is specialization, ploitable environmental features. ing rules programmed into it from birth. which we recognize normally increases 2. Furthermore, organizations gener­ But species which survive best will ex­ efficiency in production. ally exist without any creatures, who are periment, will seek success in new deci­ These "rebels" as I have frrst named part of the organizations, recognizing sion rules. This is because no niche can them, will in fact be known in history by that they exist. Indeed, conscious recog­ be expected to last forever. And the many different names. What they are nition that organizations exist, such as we possibility normally exists that a species, called will depend upon their style, and humans experience, has probably ap­ by altering its behavior slightly, could upon whether they succeed. The other peared only recently in the evolution of propagate into a neighboring niche. And names include: prophet, psychopath, life on Earth. the neighboring niche might prove larger loner, laureate, and entrepreneur. 3. Even if organizations which exist or longer-lasting than the original niche. Returning to the tabletop, there may have been planned by some Great Gar­ Surely the species which survive in be some few among the critters who are dener, the powers of the gardener in this our present world must, for the most part, given vision which the others lack, and model are limited. The gardener cannot be those whose ancestors experimented who try to induce other critters to join create any arbitrary organization, on regularly with new decision rules. them in the initial sacrifices necessary to whim, because the only organizations Therefore I expect that one of the rules establish a new line of trade, between which hold together are those which en­ most regularly programmed into surviv­ as-yet-unexploited deposits of water and able the constituent critters to live better ing species is this: experiment with new sugar. than they could otherwise. The most that rules. Of course these visionaries might be the gardener can do is to foster growth of This experimentation need not domi­ wrong. Or they might be not visionaries organizations by bringing together, in nate the behavior of the species. Indeed, but frauds- running a scam. As such, appropriate juxtaposition, the necessary in many cases the wise strategy may be critters will rarely find it easy to decide resources and a seed of rules. conservative: in the vast majority of in­ whether to heed a call to self sacrifice. stances to continue to apply the old and The work that I do in FNF seems to Life Advances Through New Rules, proven rules, and only rarely or in special me to fit this description. I think that I New Organizations circumstances to experiment with a new see a way that we who value liberty can When I consider the progress of the rule. get it, if only we will join our efforts human species, it seems to me that most The propensity to test new rules appropriately. of the rules, which once discovered have would be programmed, I believe, at the enabled the astounding success of the genetic level. So it is not necessarily species, are not at all obvious, not to my conscious. senses anyhow. For instance: Here I think we are looking into an­ 5Rothschild, op. cit, p. 92, tells a part of • the rules for making iron; other subject which is vast and complex. this history that was new to me. Eukaryotic • the rules for rotating crops; Again, hundreds of books could be writ­ cells (the constituents of modern plants and • the rule that money is worth some­ ten, on ways to challenge established animals), which are thousands of times bigger than prokaryotic cells (bacteria), as well as thing. rules. In this paper I will touch just a few two billion years younger, probably first ap­ more points. peared as " ... a collaboration of ancient bacte­ ria."

Formulations Vol. V, No. 2, Winter 1997- 98 page 21 Morality: A Means for Settling Public For instance, when one of the critters experience in my consciousness, this sur­ Space described above knows, with confidence, render of control seems to consist of Now I will tell how the view pre­ that he can get sugar by depositing water presenting the problem to the conscious sented in this paper, that morality can be on a certain spot, then I would say that he reasoning mechanism, and offering that viewed as a practical and necessary has private control of a choice to get mechanism a chance to select a solution search for new rules of behavior, fits with sugar. In this case I would say that a part other than the solution which would be my view of public space, about which I of the public space has been successfully selected by the lower center. have written a number of times. privatized, in that certain important be­ It is as if the boss (the older, lower­ To review briefly what I mean by haviors on the parts of other critters, level center) calls a subordinate (the public space: it has to do with who has which had been unpredictable, are now newer, higher-level center) and says, power to make what choices. The divide predictable. "Look, a situation has come up. I know between public space and private space As I have argued, the advance of life what I would do. But I am not sure it is follows, not necessarily state-enforced consists of the discovery of new rules. best. You are a bright kid. See if you property lines through three-dimensional We naturally hunger for order, to know can recommend something better." space, but- more importantly- the the rules in the environment in which we Here are two more examples which power of individuals to effect choices in live. As soon as we do know the rules, illustrate this action: their own interest. Ownership of the we can start to act, productively for our 1. We are able to swallow bad­ choices which constitute public space has own good, within the context of those tasting medicines. either been claimed by the state (and then rules, without paying the cost of uncer­ 2. An animal with a certain level of in most cases poorly defined and badly tainty. sophistication can decide not to policed) or has never been claimed effec­ When we become sure of a set of take bait which a lower-level ani­ tively by anyone. 6 rules, we can take them for granted. We mal would take every time. Morality concerns behavior in the can decrease our investment in policing We can view morality in this light. public space. To introduce this concept, that part of our lives. We can increase As I said earlier, I suspect that moral consider the difference between the our investment in searching for new rules impulses are coded in the lower centers words "immoral" and "stupid." Littering to exploit yet-untapped environmental of our beings, probably even in our your own living room, for instance, we features. We can seek to discover or genes. Thus morality is not a higher­ would probably label as "stupid" but not create new order in a realm that, to our level function, felt only by humans, but is as "immoral." And this extends to senses, previously had contained only an attitude we can generally expect to choices which injure other people- in chaos. When we feel secure at one level find in all life. those relationships in which rules are we typically start to hunger for success at So our low-level moral impulses rou­ clearly defined and policed. Shoplift­ a higher level. tinely get passed, from the low-level cen­ ing- while in full view of the store's ters to the high-level centers, for review armed guard-we would again label Reason Can Override Instinct and recommendation. We can consider "stupid" more than "immoral." If a Let me introduce this topic with an how to be moral, and we can judge choice has predominantly private conse­ example: A human, knowing that she has whether blindly following our basic quences for the person who makes the a parachute strapped to her back, can moral instincts will serve in the long run. 7 choice, then I would say the choice had choose to jump out of an airplane, over­ If you agree with my arguments so been made in private space. Such a riding the veto of her instincts. far, you may be prepared to join me in choice falls, it seems to me, outside the In the evolution of the nervous sys­ lowering morality from the pedestal upon scope of what we usually mean by moral­ tems and brains of animals, the higher, which we often find it placed. Morality ity. reasoning centers grew on later in evolu­ is an instinct which serves survival. As As I now think of morality, it repre­ tion than the lower, primitive centers. I such it is no more noble than our instinc­ sents an attempt to privatize some propose that the higher centers served the tive appetites for food and sex. Survival choice, or set of choices, in the public animal through the ability of those higher of the genotype, it seems, is the higher space. Moral choices are examples, of centers to discover environmental fea­ goal. Morality is merely the subordinate, actions which would take place under tures which the lower centers were too the tool of survival. rules which the actor hopes might be­ simple to detect. come predictable. I would say that a But the lower centers had served the choice had been privatized when rules of animal thus far, so it must be that these behavior have been clarified to the extent lower centers were able and prepared to that reciprocation on the part of trading make choices: to choose the action, from partners can be predicted with near cer­ among the creature's set of choices, tainty. which the creature would perform in each situation it might encounter. So, in order for the higher centers, as they grew on, to be of any value, the lower centers had to surrender some control to the higher centers. At a high level, which I page 22 Formulations Vol. V, No. 2, Winter 1997-98 Organizations Which Live Need Not believe, incorrectly, that any form of life Be Moral which expands its turf can do so only at In nature, as I model it here, opportu­ the expense of some other fo rm of li fe nities abound for living things to cooper­ which it must exploit. But this is not so. ate, to form mutually supportive net­ Some creatures in the fo od chain di gest works in which individuals speciali ze in energy and raw materi al that have never tasks for which they are well suited. been part of any li fe since the big bang. If, however, benefits of cooperation These increase the amount of biomass. with others do not appear, or if attempts The second law of thermodynamics to effect cooperation with those others tells us that the universe is changing from fa il, the drive to survive and prosper, centers of concentrated energy and mat­ having given morality its chance, will ter to a mi xed up, lukewarm pea soup. "dehumani ze" the others and treat them The observation which I present here as obj ects to be harvested or taxed. Un­ suggests that the soup will pass through a less, that is, those others have enough phase in which it is, in large part, ali ve. power, to retaliate with suffic ient fo rce to Until the dying days of the pea soup discourage further attempts. In this case (billions of years from now, assuming the coexistence (a mutuall y-respectful stand­ second law lasts th at long), there will off) ensues, in a relati onshi p which is exist environmental features which have neither synergistic nor parasiti c. not yet been exploited by life. And thus Therefore we should not expect to there will exist opportunities fo r life to fi nd morality in all re lationships in na­ expand its turf without stealing habitat ture . Life abounds with predators. In from existing li fe . fact we survive by eating other living Looking to the sky I see the sun . things. And we had better be on the Plenty of energy, almost all of it going to lookout for creatures which see us as waste, as fa r as the advance of life is their food or tax base, because those concerned. Also up there I see Jupiter. creatures wi ll not lament consuming us. Plenty of raw material, a snack waiting fo r an appropriately-scaled organization. Life Is Expanding, Diss olving th e Morality, the quest to find new ways to Hard, Cold Universe cooperate with other life in settling fron­ This paper deals mostly with moral­ tiers not yet privatized, has a bullish ity. But here I wi ll tell a view of life future. But we have barely started.6. which meshes with morality. It is a wildly optimistic view. Grand prospects Richard 0. Hammer workedfor one year await both life and mora lity. as a bioengineering research assistant at It seems probable to me th at the Harvard Medical School in Boston. Th is amount of li fe on Earth is growing. As­ was his first j ob after completing under­ suming that li fe started a long ti me ago as gradu ate study in 1973. a few organic molecules, and noting the amount of life which surrounds us today, we have two data points, with a definite increase from the first to the second . It looks like a trend to me. With each 6 pass ing year, I bet, if we could place all For a more complete description, see my of Earth's living matter on a scale and "Hit 'Em, But Not Too Hard: Instituti ons fo r Giving Negative Feedback in Small and Man­ weigh it, we could see, like any proud ageable Increments," Formulations, Vol. IV. parent, that it grows steadily. This is the No. 2. (Winter 1996-97). nature and course of life.8 Each li ving thing feeds wherever it 71 suggest gui delines fo r deciding when can, munching on whatever energy and charitable giving is appro priate in "A Liber­ raw material it can find . Now, for us tarian View of Charity," Formulations, Vol I, humans, and for many living things gen­ No. 2. (Winter 1993-94 ). erally, we find energy and raw material 8Kelly, op. ci t. , pp. I 06- 108, expresses a to suit our digestion only, for the most similar view. In this secti on Kell y cites part, in other li ving things. And because phys icists Erwin Schrodinger and Freeman it seems that we must eat other things Dyson, as likewise expressin g collaborating that live, or have lived, I think it is views. natural for most humans at present to

Formulations Vol. V, No. 2, Winter 1997-98 page 23 An Engineer's View of Morality Set in a Model of Life by Richard 0. Hammer

Introduction I fee l moral impulses routinely, sometimes moment to moment. While these impulses suggest what I should do, many of them arrive in my consciousness with tags of doubt attached. I am given, in addition to an impulse, the option to reconsider it. · I have long had the impression that moral impulses are programmed into me, more or less as an appetite for food is programmed into me. Thus I have a practical view of morality, rather than a moralizing view of morality. I feel moral impulses, that something is right or wrong, not because that thing is inher­ ently right or wrong, but because the choice suggested by the impulse serves, perhaps in ways I am not wise enough to see, the needs of me and my community. Richard Hammer (left) As sociobiologists might say, the choice serves my genotype in the long run. So I continue describing more of the But you, the programmer, know al­ Recently, since reading and dis­ underpinnings of my belief. This paper most nothing about the planet upon 1 2 3 cussing books • · which summarize the tells how I view us, as living, moralizing, which the robots will land. Probably you new science of spontaneous order, my and organizing beings. I hope that this can bet that it will have gravity. But theory has grown to offer new explana­ attempt, to cover some abstract and far­ beyond that you have to give the robots tions for morality. This theory rests flung bases, might ease doubts felt by a power to discover for themselves what­ within a larger theory about life in gen­ few more libertarians, and induce them to ever behaviors wi ll help them survive. eral. As such I will have to tell parts of join the free-nation process with more Now these robots might be complex, that larger theory as well. resources and enthusiasm. having dozens of acts which they per­ Some readers will ask, quite reason­ And of course it does not hurt that, form and thousands of things that they ably, what this has to do with the work of apart from our political fate, I find this can sense. But, for most of the examples the Free Nation Foundation. As I have subject fascinating. I hope you will en­ in this paper, we will be looking at sim­ been arguing, I believe that we libertari­ joy it too. pler creatures, which can act in only a ans should be able to organize and estab­ few ways and sense only a few things. lish a zone of liberty for ourselves. And Robots for a Distant Planet Because, when we start to speculate I believe that we can achieve this through Suppose you have been given a job, about how the robots must learn from easily-accessible mechanisms. Yet al­ to write the computer program which will experience, we see that simpler creatures most all libertarians hang back, waiting go into a population of robots which will will serve to illustrate many of the prob­ and watching. This suggests to me that settle upon a distant planet. I will start lems. they do not believe what I believe. by telling more about this challenge, as it sets the stage for what follows. Life: That Which Exploits Patterns The goal which you have been given Living things, in order to survive, is simple: to instruct the robots so that must exploit patterns in their environ­ 1 Kevin Kelly, Out of Control: Th e Ne w they will survive and, if at all possible, ments. This follows from logic, and Biology of Machines, Social Systems, and the flourish. The robots have physical ca­ from the second law of thermodynamics. Economic World, Addison-Wesley, 1994. pacities, to sense and move. They have Usually we apply the second law to 2Michael Rothschild, Bionomics: Econ­ a good memory, which is initially empty. machines, but it applies as well to living omy as Ecosystem, Henry Holt and Company, They arrive with a supply of necessities, things. A living thing necessarily con­ 1990. which will get them started. But before sumes usable energy. In order to keep on long they have to find ways to sustain living it must occasionally recharge its 3M. Mitchell Waldrop, Complexity: The themselves, from what exists on the store of energy from some relatively­ Emerging Science at the Edge of Order and planet. When circumstances permit they concentrated source of energy. Like- Chaos, Simon & Schu ster, 1992. can reproduce. (Continued on page 19) page 24 Formulations Vol. V, No. 2, Winter 1997-98