Free Cities Podcast: Private Defense

gotojailFree Cities Podcast focuses on real life examples of decentralization and market alternatives to problems.

Anthony Caprio and I discuss how the free market might provide a victim-oriented justice system. Yes, we really can be safer without government cops, government courts and government prisons; and we can do it for less money.

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A question for non-libertarian Catholics

Catholic LibertarianWhen there is a problem or issue to resolve, should we prefer voluntary solutions over coercive solutions? I promise to come back to this question, but first a few things . . .

Any discussion of Catholics and libertarianism on the internet will always attract some troll who drops in just long enough to conclude that “Catholicism and libertarianism are incompatible.” A few of these folks will stick around to complain that Catholics can’t be libertarian because . . .

  • libertarians are selfish individualists
  • libertarians are libertines
  • libertarians dissent from the doctrines or moral teachings of the Church
  • libertarians cannot see Christ in others
  • libertarians are pro-abortion

While such statements surely apply to some libertarians, these criticisms have nothing to do with libertarianism in itself.

Doing evil that good may come of it

In Romans 3:8, St. Paul tells us that the ends do not justify the means: one must not do evil so that good may come of it. Likewise Pope Saint John Paul II teaches this principle in his encyclical, Veritatis Splendor:

Let us say that someone robs in order to feed the poor: in this case, even though the intention is good, the uprightness of the will is lacking. Consequently, no evil done with a good intention can be excused.

Don’t tread on your neighbor

The golden rule famously tells us to do unto others what we would have them do unto ourselves; and we are told in Tobit 4:15: “Do to no one what you yourself dislike.”

In libertarianism, there is but a single rule. It is called the non-aggression principle: that no one may initiate physical force against another. Unless one trespasses against the person or property of another, they must be left in peace. We call this freedom. It is not just a moral imperative; man’s freedom also serves a spiritual purpose.

Freedom: Hothouse of sin or prerequisite for virtue?

Archbishop Fulton Sheen once explained this about earthly freedom:

Take the quality of freedom away from anyone, and it is no more possible for him to be virtuous than it is for the blade of grass which he treads beneath his feet to be virtuous. Take freedom away from life, and there would be no more reason to honor the fortitude of martyrs than there would be to honor the flames which kindle their faggots. Is it therefore any impeachment of God that he chose not to reign over an empire of chemicals?

“Virtue in its concrete order is possible only in those spheres in which it is possible to be vicious. Man can be a saint only in a world in which it is possible to be a devil.

~Through the Year with Fulton Sheen, Servant Books, 1985 pp 110-111.

Libertarians understand that freedom is a double-edged sword. The dilemma is that freedom is indispensable and yet opens the door to all kinds of evil. Freedom enabled Satan to rebel against God. Adam and Eve in the garden abused their freedom and brought death into the world. The same freedom is granted to each of us. Since the beginning, God has decreed our freedom, all the while knowing the danger–and seeing the suffering to come–decided that the game is worth the candle. See “Why God is more libertarian than we are.

Thomas Aquinas & libertarians on victimless crimes

Catholic libertarianLibertarians agree that no one should be permitted to commit violence against others, but we may use necessary force to protect persons and property. The protection of persons or property is a legitimate act, whether done by individuals or by the community. Libertarians agree: we must keep the peace.

We do question, however, the use of force against anyone who has not threatened or harmed another. Saint Thomas Aquinas recognized a distinction between acts that harm others and those are commonly referred to as vices or “victimless” crimes. He wrote:

[H]uman laws do not forbid all vices, from which the virtuous abstain, but only the more grievous vices, from which it is possible for the majority to abstain; and chiefly those that are to the hurt of others, without the prohibition of which human society could not be maintained: thus human law prohibits murder, theft and such like.

St. Thomas argued the wisdom of such a live-and-let-live philosophy, and acknowledged that to go further would cause more harm than good. See more here. It is a good rule, but the modern world knows no such limits when it comes to the one institution which claims a monopoly on the right to initiate violence against others. That institution is the state.

The Church and Government

Once upon a time, the ancient Israelites were lead by the “judges.” The judges did not have many duties. They led the army in times of war and people came to them to settle disputes. The nations around Israel had kings, so the Israelites begged for a king. God explained how bad life would be under a king. They said “We don’t care. Give us a king,” So God gave them a king. And that king was pretty bad. Most of their later kings were even worse. It seemed that people were not ready to give up bossing and being bossed around.

The Church has lived with the state since Roman times. Christian teachings often mention the state, urging it to justice. But the Church does not demand particular solutions to societal and economic problems. Neither does the Church proclaim any particular form of governance, but only that it provide for the common good, i.e peace and security, protection of individual rights and the general prosperity of society. See “Does the Bible approve of violent government?”

The role of the State: both the real and the ideal

When the Church does suggest solutions to problems, the state will often figure prominently in those solutions. The Church can hardly do otherwise considering that the state is everywhere. Today, it is more massive and controlling than anytime in history. Even so, the Church’s social encyclicals are not shy in confronting the state where it encroaches on human rights, especially in its teachings on subsidiarity (the principle that governance should always be at the lowest possible level of society).

Even recognizing limits to state power, the encyclicals also charge the state with a responsibility to promote social justice and protect people’s rights. This is no more or less than the protection of the common good. At times the social encyclicals suggest certain initiatives by the state which–putting it mildly–seem beyond the competency of the state. Proposals to regulate voluntary and honest economic activity come to mind.

Certainly the state fulfills a just purpose when it protects us from those who would harm us. It only makes sense that when someone is hitting me over the head, I could use the help of someone who also specializes in hitting people. The state–whose only tool is violence–may have the resources to solve my problem. The trouble is, when we ask the state to do more than keep the peace and protect fundamental rights, we ask too much. This is because only a wise state, one with integrity and perfect knowledge could fulfill such a mandate as the Church urges upon it. That state has never existed.

Instead, we have governments run by the most corrupt of men, the best of which are thieves and the worst, tyrants. They wage unjust war almost continuously and use it to expand their powers. Violence is the essence of the state. See more here.

The Question: Should we have a preferential option for non-violence?

The Catholic libertarian asks this question of his fellow Catholics: When the community has a problem to solve or has a worthy goal to reach, would you be willing find a voluntary solution in place of a coercive solution? Would the Church object to this “preferential option” for non-violence? Many Catholics call on governments–when dealing with other governments–to find peaceful solutions, using violence only as last resort. If non-violence is preferable in dealing with nations, even hostile nations, how much more should coercion be avoided in dealing with our own neighbors here at home.

As Catholic libertarians, we propose voluntary, non-coercive solutions. We will argue that charity, mutual aid and lifting barriers to honest work are better solutions to poverty than the welfare state. We are going to suggest that drug abuse is a social problem, a mental health and spiritual problem, but not a criminal one. We will contend that any armed forces must be limited to self-defense, rather than messing around in other countries’ business, replacing strongman dictators with jihadist leaders.

As a moral issue, no Catholic–no Christian of any stripe, for that matter–should choose violence when a voluntary solution is available. This does not makes us libertines, nor make us selfish individualists. We do not dissent from the doctrines or moral teachings of the Church. We are pro-life. We see Christ in our brother and we accept this personal challenge from the letter of St. James:

If a brother or sister is ill-clad and in lack of daily food, and one of you says to them, ‘Go in peace, be warmed and filled,’ without giving them the things needed for the body, what does it profit?

Those are marching orders for every Christian, but the modern state makes it easy to ignore our personal duty, and so we dismiss the needy saying: “Go to the government, be warmed and filled.”

What remains of “love your neighbor” in that?

Catholic libertarians favor a genuine charity that springs from love instead of coercion. Such charity puts the whole golden rule into action. First, as a guide to what we ought to do for our neighbor; and then as a caution as to what we must not do, for this is not a measure we apply to others. We apply it to ourselves.

It is time for Catholics, and every Christian, to consider libertarianism, the most just system in a fallen world and the only political philosophy that takes love for our neighbor, human dignity and free will seriously.

Catholic libertarian

Freedom Feens – Doing Civil Disobedience

Anarcho-Ichthus-favFreedom Feens is a daily, liberty-related radio show with Michael W. Dean and a rotating cast of co-hosts.

Ben Stone (the Bad Quaker) and I co-hosted Sunday’s show. The 2-hour show is broadcast live at LRN.FM weeknights at Midnight Central time and at noon on weekends.

Show notes for 07/19/2015:

The Outlines of Civil Disobedience — The Limits of Civil Obedience — Breaking the Seal of the Confessional  —  PorcFest South?

Civil Disobedience

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Something for my conservative Catholic friends

Anarcho-Ichthus-favSome of us Catholic libertarians come from a conservative political background. We understand the dilemma to which Catholic Republicans have become accustomed in recent decades. It seems like the choice is between electing either 1) lying Republicans who quickly disappoint or 2) lying Democrats whose very promises are an affront.

Confession1With that in mind, I invite you to check out, this article by my friend Mark Cavaliere: “Confession of a Catholic Libertarian.” Mark is the administrator of the Catholic Libertarians Facebook page.

Mark’s road will be very familiar to many. For all who are beginning to doubt whether the right guys are ever going to get control of the mess that the government has become, read Mark’s Confession and then look into liberty. Find out how Catholic it really is.

To begin exploring Catholicism and Liberty, go to Getting Started: Catholicism and libertarianism

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Libertarian Jesus

Freedom Feens – Obeying the State? Not so fast!

unjust-lawFreedom Feens is a daily, liberty-related radio show with Michael W. Dean and a rotating cast of co-hosts.

I recently co-hosted the Feens broadcast with Diana Keiler and Ben Stone (the Bad Quaker). The 2-hour show is broadcast live at LRN.FM weeknights at Midnight Central time and at noon on weekends. A list of stations carrying the Freedom Feens is available here

Show notes for 05/03/2015:  Libertarianism and the non-aggression principle The State: Doing evil that good may result Romans 13: Obey the government? How St Paul dishonored and mocked the Emperor Nero — Paying taxes: Render to Caesar — “Slaves, Obey your masters” — Natural disasters: Private aid trumps government assistance — Lawyer advertising

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Necessary evil

When St. Paul Tweaked the Emperor’s Nose

Christian statists like to drag out St. Paul’s epistle to the Romans to demonstrate that disobedience to government is not an option:

st paul“Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore he who resists the authorities resists what God has appointed, and those who resist will incur judgment.

For rulers are not a terror to good conduct, but to bad. Would you have no fear of him who is in authority? Then do what is good, and you will receive his approval, for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain.”  Rom. 13:1-4

Some laws must be disobeyed

Long recognized, however, are certain exceptions to this “always obey the government” rule. While St. Paul here equates obedience with “doing what is good,” no one argues that governments have ever confined their conduct to what is good. We find the famous standoff recorded in the Acts of the Apostles where St. Peter and the apostles defy the rulers saying: “We must obey God rather than men.” Acts 5:29. Numerous other approving recitations of civil disobedience occur in both the Old and New Testaments.

Some must always (and everywhere) be obeyed

So first of all, we must disobey some laws, but even the government gets many laws right. This second sort of law are those that seek to prevent or correct harm to others; such prohibitions would have to be obeyed in any society.

Unjust Nanny-state Laws

Finally, alongside the protective laws (which must be obeyed) and the laws which command us to do evil (which must be disobeyed) we still have that great morass of laws designed either 1) to steal from us; or 2) punish us unless we conduct our own lives according to the ruler’s demands.

It may well be wise to obey this third sort of law (if only out of self-defense), but as to any Christian moral obligation to obey, a closer look at St Paul’s epistle to the Romans suggests another layer to the analysis and raises the question as what duty—if any—is owed to the authorities:

For the same reason you also pay taxes, for the authorities are ministers of God, attending to this very thing. Pay all of them their dues, taxes to whom taxes are due, revenue to whom revenue is due, respect to whom respect is due, honor to whom honor is due. Rom.13:6-7.

How much honor is due?

The rulers might read this passage as satisfying homage, but the subversive undercurrent of this verse is barely beneath the surface for any objective reader. Indeed, justice might cry out that no taxes are due; that the bloody hands of the ruler merit no respect; and his thefts deserve not honor but punishment. Only a fool feels honored at having been wished “all the respect he is due.” St. Paul’s words are reminiscent of Bilbo’s speech at his birthday party:

I don’t know half of you half as well as I should like; and I like less than half of you half as well as you deserve.

~ J.R.R. Tolkien, The Lord of the Rings.

It’s hard to make out whether he is insulting or paying a compliment.

As with so much of scripture, the writings of St. Paul are rich with multiple levels of meaning. It turns out that the stern apostle possessed a perilous sense of humor, quite capable of lampooning the king.

Nero runs his race

In the year 66 A.D., the Emperor Nero left Rome to compete in the Olympic games and make a concert tour of Greece. At Olympia, he competed in the four-horse chariot race. The historian Suetonius, in The Twelve Caesars, reported that Nero drove his chariot with at least 10 horses. The emperor was thrown from his chariot during the race and had to be picked up and put back at the reins.

The emperor was unable to remain in his seat and gave up the race before the finish. Since he was the emperor, the judges crowned him the winner anyway. Nero generously declared the whole province a free country and gave the judges large sums of money.

This humiliation would have been fresh news when the buffoonish emperor returned to Rome and soon afterward had the apostle Paul beheaded. Could there be a connection between Nero’s race and a letter St Paul penned from a prison cell in Rome? The apostle wrote this in his last letter to his young friend Timothy,:

An athlete is not crowned unless he competes according to the rules. . . . [T]he time of my departure has come. I have fought the good fight, I have finished the race, I have kept the faith. Henceforth there is laid up for me the crown of righteousness, which the Lord, the righteous judge, will award to me on that Day.  2 Tim. 2:5, 4:6-8.

Nero the athlete had also competed, but he never finished the race. Nero did not compete according to the rules, yet was awarded the crown. Can there be any doubt that St Paul combined his bittersweet farewell to Timothy with a joke at Nero’s expense? If Nero was due respect simply for being the emperor–as Romans 13 is so often read–then St. Paul failed to follow his own rule. It is something to ponder when we consider one’s duty to any ruler or government.

disobedience700

Read the related post: “Does the Bible Approve of Violent Government” here.

Jury Nullification – The power to do what is right.

notguiltySometimes I post an article in my criminal law blog that is of interest to libertarians. Here is my three-part article on taking some considerable power back from the state:

Jury Nullification – The power to do what is right: Part I, Part II, Part III 

Wretched hive