A beautiful idea can often be expressed succinctly. The
philosophy of Panarchism is one such idea, and it received a
succinct and eloquent expression recently when Max
Borders penned a simple post for the blog Let A Thousand
Nations Bloom. Max has agreed to let me present his short
essay in its entirety after which I would like to add my
comments about how the vision Max presents might be
brought about. The title of Max’s original essay has been
changed from “Towards YouTopia” to “Towards Panarchy.”
The fact that another scholar of liberty has independently
reached panarchist conclusions is further proof to me that
when one holds the principle of voluntarism as the
fundamental principle of one’s social philosophy, certain
conclusions naturally follow. Besides Max, I know of at
least three other writers who, in well-written essays,
reasoned to panarchist conclusions while never referring to
the philosophy of panarchism by name. They were led to
these conclusions, in my opinion, when they accepted the
principle of voluntary association and voluntary
disassociation as the fundamental principle of their theory of
liberty. From this fundamental principle one is led to the
idea of political associations based on voluntary consent
rather than on geographic location, and then to the idea of
multiple voluntary political associations coexisting in the
same geographic region.
We can refer to these associations as governments or we can
refer to them as communities or civil associations. The
panarchist conception is that such associations are
voluntarily accepted and need not be based on geography.
Max Borders’ right of exit is the natural corollary to the
panarchist insistence on voluntary association. Max
Borders’ essay is a sign that the notion of nonterritorially
defined voluntary communities is entering the consciousness
of the liberty movement.
Towards Panarchy
Must All Communities Remain Earthbound?
Part I
Liberal academic George Lakoff once compared taxation to
paying membership dues at a club. Steven Pinker gave him
hell for it, and deservedly so. After all, if you don’t pay your
taxes, “men with guns will put you in jail.” But what if that
didn’t happen? What if we accept the best of Lakoff’s
mendacious metaphor and downgraded strict citizenship to
membership in community?
To be fair, we’re still at the stage of sorting through our
thinking. But before I offer my uncomplicated ideas for
social change, I want to present a challenge to the statist.
I define a statist as (a) someone who believes that
government power is good and makes the world better than
it would be otherwise and (b) someone who believes that
governments should have monopolies over certain goods,
services, and spheres of activity.
Most people agree with your right to leave the county, state,
or country if you don’t like what the government in that
jurisdiction has handed down. You can go live somewhere
else, though probably under a different thumb or set of
thumbs. So why does something as arbitrary as geography
determine your right to exit from some system of
government?
For the statist—i.e., one who believes in the ultimate
authority of the state—there seem to be two possible
responses:
-
x: “If they could get their hands on me—i.e., my
body and/or my wealth—whether in Sweden, or
down there on my secret island, they would be
justified. There is really some objective, global
justice, the ends of which justify their means of
getting to me”; or
-
y: “Considerations of pragmatics and citizenship
mean that once I’m in another jurisdiction, so long
as I haven’t broken any laws in the old jurisdiction,
I’m no longer your concern. Because I am living in
another place, under different auspices, you have no
right to bother me there—whatever your concept of
justice.”
I think fair-minded statists will stick to y. Those committed
to x are the ones with whom we may eventually have to
think of ourselves as being at Hobbesian war. And believe
you me, those who’d answer x live among us. But I think
those that lean towards y might be persuaded about a right of
exit. Indeed, if we can exploit an issue with y—call it
territorial chauvinism—we might be able to make good
headway with our case.
To the point: by virtue of what, exactly, does my living in
some geography require my compliance with a single system
encompassing some bundle of goods and services provided
by the state? Why can’t I become a member of a Swiss-,
Singaporean-, or Swedish-style system of administration? If
your answer is “because you live in this system, not in
another,” you’re arguing in a circle. I’m trying to find out
what it is about my living geographically within this system
or that that makes me duty bound.
One fair answer might be that there are functions of the state
that are more or less linked to territory. We enjoy these
functions just because we live in an area. But which ones?
Let’s pull out the government functions that actually relate to
the territory where one lives and focus on those. In the
interest of convincing you I’m not crazy, I won’t get all
anarchist on you and suggest privatizing everything under
the sun. I want only to introduce a thought-experiment that is
charitable to the idea of so-called “public” benefits while
recognizing only the ones that people would enjoy by virtue
of their living somewhere. Consider the following list of
territorial goods:
- Transportation and Roads
- National Defense
- Police, Fire, and Emergency services
- Justice (Criminal, Tort, and Titling)
- Public Utilities (Water and Sewer)
- Penal, Psychiatric, and Reform
- Parks and Aesthetics
- Nuisance Court or Zoning
- Environment and Waste Disposal
- Identification and Immigration
I’m granting for the sake of discussion that territorial goods
have an inherent “public-ness” about them. For example,
police and defense should be considered territorial goods
because it’s easier to free-ride on others who pay for these.
In other words, I’ll benefit from national defense spending
even if I don’t pay for it. Or, if police are cruising your
neighborhood, you’ll benefit even if your neighbors pay and
you don’t. There are other goods, like dispute resolution and
property rights, that not only establish the “operating
system” for a territory, but also set standards and legal
precedents. It may turn out that some or all of these
territorial goods would be better provided by the private
sector. But let’s agree that the items listed above can all be
considered territorial goods, even though not all of these
would be considered public goods in the economic sense, or
fully privatize-able in Libertopia. (The economic sense of a
public good is nonrivalrous and nonexcludable.)
All other goods, whether or not you think people ought to
have them by “right” under some notion of “social justice,”
aren’t really linked to territory. Nor are they public goods in
the economic sense: i.e., my consuming those goods means
someone else can’t. It is also easy to identify who’s using
these goods and charge them for it. Health care, education,
arts, etc. can therefore be considered another class of goods.
In other words, these goods aren’t really linked to territory in
the way we think defense, roadways, and streetlamps might
be because I can enjoy the benefits of health insurance riskpooling
and online education virtually anywhere I live. And
while I may benefit from a tax-supported theater in my area,
this is not a good that everyone needs or uses—such as roads
or police protection.
And that brings us back to an important question: if I’m okay
with your leaving the US and becoming a citizen of Sweden,
or leaving New York and becoming a resident of North
Carolina, why shouldn’t I be okay with your right of exit
from any nonterritorial system? If there is nothing
intrinsically territorial about a system that provides goods
and services like healthcare or education in a certain way,
why ought I not simply be allowed to “exit” in the same way
I leave Michigan to go to a state with a more favorable
climate?
I think it’s time we divorced nonterritorial systems from
territorial systems of goods. Then, we should demand greater
latitude to form nonterritorial systems across geographies
based on our individual interests and beliefs. Of course, the
devil is in the implementation. But the idea is simple.
Part II
I think it’s time we divorced nonterritorial systems of goods
from territorial systems. But how would this work?
It would take two fairly simple changes to the law of the
land. That is, two new rules. These new rules would track
with the two different types of goods-systems we touched on
above. Let’s call the nonterritorial systems “communities”
and the territorial systems “territories.” For communities we
have a right of exit. For territories, we have a rule of
localization.
A right of exit means:
- Anyone can leave a community at any time as long
as he or she has honored his or her membership
agreement.
You can be a member of any community you like.
Membership in that community can have all sorts of
provisions and conditions, but you can always disassociate
yourself from that community provided the community has
let you in to begin with. You can take all the resources you
were once forced to pay in taxes and use them for resources
to pay for anything—including your membership in a
community (or multiple communities). It’s that simple. You
may prefer the rugged life outside of community. From my
point of view, that’s your right.
Communities, which we‘ve defined as systems of allocating
or exchanging nonterritorial goods, can be highly diverse.
With a right of exit, we have the possibility to unleash the
creative forces of community. Some of these communities
might be based on the area in which we live, but many
would exist across territories. With no territory responsible
for the provision of, say, health care, I might join a
cooperative that pools risk across all the members. A certain
number of people with preexisting conditions would be
allowed to join, perhaps any number. As a condition of
membership, I might also be required to pay for certain
coverage items. Of course, this system would compete with
other health-care communities for members. A competitor
might require its members, say, to put aside a certain amount
of money each month into a personal-health savings account.
But membership might also cost less. Either way, it would
be illegal to force others to join my chosen system. Instead, I
could join the health-care system I thought was the most
efficient, effective, or even the most morally upright. No
system would depend for its existence on everyone in some
geography being forced to join (a monopoly). It would,
rather, be an issue of individual preference and ethical bent.
While market forces would constrain the form and feasibility
of any system, the system need not be “free market” as
narrowly defined. One could opt into a communal
arrangement just as easily as one could opt into a patientdriven
model. And we would consider that her right as a
sovereign human being.
Who knows whether communities would evolve to look
anything like our contemporary political caricatures of
Democrats and Republicans. People might cluster in all sorts
of ways we cannot anticipate. With different incentives and
competition among communities, even the most
“progressive” person might come to see the world
differently. The staunchest individualist may find new social
ventures for which he can’t resist volunteering his time and
money. King-of-the-mountain politics simply wouldn’t be
much a part of this new world. But moral suasion and
marketing would most surely be. To get this change, we
would have to introduce new rules. Then, each person can
put his system (and his money) where his mouth is (and
where his votes used to be).
I’m pretty firmly committed to a moral relativism of
communities (though morality as such would get a lot more
attention than the low-cost moralisms of the voting booth).
That means a community might require pretty much
anything you can imagine as a condition of membership. A
community might want people to cluster together, as Amish
or Kibbutzim. On the other hand, a given community could
be as cosmopolitan as you please, with members from
around the world connected electronically. You could
theoretically agree to do things most of us find totally wacky
in terms of, say, accepting restrictions on your behavior—
though I hesitate saying that memberships would entail
people getting to kill each other for either contract violations
or fun. Barring the hard cases of personal choice (of which
there are a few), the result would approach maximum
pluralism. But not chaos.
What about territorial systems? A localization rule means all
authority for such systems would be as local as possible.
Consider this definition from Charles Murray’s What It
Means to Be a Libertarian, which he calls a “principle of
subsidiarity”:
- Legitimate functions of government should be
handled at the most local feasible level.
The idea is that, the smaller the territory, the more likely you
are to approach unanimity. In the absence of such unanimity,
it is at least that much easier for people to move to a territory
they find tolerable. When any task or administrative function
is carried out at the most local feasible level, a state
government, for example, would never deal with roads if
territories could. Territories would not deal with streets if
neighborhoods could. Of course, as a corollary to our rule of
localization, we might also want to set the area of a basic
territory, initially. The area should be reasonably small—
say, 546 square miles. (This is the size of Mecklenburg
County, North Carolina where I grew up.) After all, we
would want to draw territorial boundaries in such a way that
it’s easy enough to move out, but large enough to get
economies of scale. If our localization rule required wider
geography—say for regional highways or national defense—
then levels of authority would transfer up and territorial
boundaries, out. But compared to today, there would be a lot
less authority up-and-out and a lot more down-and-in.
Decentralization and local empowerment would follow these
rule changes. A federal government might end up having
responsibility for an extremely narrow set of goods—like
national defense and a court of ultimate arbitration (a
Supreme Court of sorts). Otherwise, you’d have the common
law and probably no legislatures outside of territorial boards
or councils. It’s not at all clear what states would have
responsibility for, if they needed to exist at all. States might
handle disputes among territories or be responsible for
planning and coordinating certain emergency functions
territories couldn’t handle. They might deal with the
administration of interterritorial road projects. The common
law would handle most environmental problems, as we’ll
see. With states becoming an artifact of centralization, I
apologize in advance to college basketball fans.
In any case, I can’t see any way around people paying some
form of taxes to territories under this system. Such might
take the form of a modest consumption tax (sales) or even
some form of Georgist tax (property). While extreme
libertarians might like to hear me call all taxation theft, there
are arguably basic functional aspects of territorial goods that
make all the rest of commercial and social life possible.
While one might be convinced that these can all be provided
privately—and in the interests of justice, should be—I will
leave our simple rules—a right of exit and localization—as a
happy medium between the status quo and a seemingly
impracticable Libertopia. Believe me, I would like to banish
all forms of coercion from the earth. But for now, I’m
willing to settle for shrinking it as much as is feasible.
Let us take heart, though: taxes would be relatively low in
territories that dealt only with police, defense, and territorial
justice—particularly given competition from neighboring
territories happy to take your citizens. If a territory provided
territorial goods and services that citizens really liked, they
might be willing to stay and pay more in taxes. As anyone
can see, this is much easier to determine locally than
nationally. Sound roads and attractive thoroughfares are
right in our faces. Intergenerational Ponzi schemes like
Social Security are not. Again, limitations on the size of a
territory and its functions—due not only to localization but
to tax competition among territories—would keep taxes
reasonably low. Experimentation in both revenue collection
and provision of these localized goods would ensure policy
iterations that could be mimicked or scrapped. In short,
lower taxes and higher quality would be far more likely to
result.
Unity in Diversity
Before we get into the deeper question of justice, let’s
indulge in a detour for a moment. In his great work
Philosophical Explanations, Robert Nozick invited us to
consider the idea of organic unity. The idea, roughly, is that
within any system there is value in the balance of diversity
and unity—whether in systems of art, science, or society.
Maybe he was inspired by the dollar-bill dictum e pluribus
unum. Indeed, Nozick might have offered ex uno plures.
Either way, diversity and unity were mutually constraining,
according to Nozick—a sweet spot between rigid order and
chaos. He asked, “Can we draw a curve of degree of organic
unity with the two axes being degree of diversity and degree
of unifiedness?” The diversity axis will constrain the unity
axis and vice versa so that both achieve a kind of stasis. The
beauty of Nozick’s graph, apart from its simplicity, is its
appeal to some intuitive notion of value in balance. Why
would any such notion be important to our idea of society?
The truth is, people are different. They have different
conceptions of happiness and the good life. From our view,
forming society is not about finding a singular ideal to be
crafted by statist or libertarian masterminds. Rather, it is
about acknowledging our differences, accepting them as a
fact of life, and unleashing the creative forces that arise from
those differences. But something has to unify us.
Enter the rule of law. Sadly, like “public good,” the rule of
law is a phrase that has been perverted over time by both
postmodernists and political opportunists. In order to get
maximum unity constrained by maximum pluralism, we
have to think about the rule of law in a narrower way. In
other words, the fact of some elected assembly’s getting a
bill through the legislative sausage-grinder does not make
said bill right, good, and prudent. In the stricter definition,
the law must apply equally to everyone and privilege no
person, group, or industry. That’s what we mean when we
say rule of law. And we have carefully to guard that meaning
from men who crave authority and their supplicants.
Under our proposed system, things are much clearer and far
simpler. The effect of our two simple rules would amount to
a massive reboot complete with a whole new operating
system. We would end up dismantling the big ole byzantine
edifice of federal and state legislation and replace it with
new, bottom-up rule-sets established by communities and
territories.
At the core of all this lies the idea that people shouldn’t be
harmed. Force is harm. Theft is harm. Fraud is harm. A
constitutional prohibition on force, theft, and fraud takes us
very far in establishing a social system that yields peace,
prosperity, and pluralism. The unifying aspects of our
society become free contract and some ultimate arbitration
body. But at the very center of our constitutional order, we
should be able to find a non-harm principle. Some of my
fellow libertarians think contract is enough. But an
institution of universalistic justice built on a principle of
non-harm, however, provides both a constitutional guide for
ultimate dispute resolution and an object worthy of our
reverence.
In the U.S. Declaration of Independence, the object of
reverence was once an unalienable right to “life, liberty and
the pursuit of happiness.” In the Constitution, there are the
enumerated rights. And while we may quibble over the
philosophical origins of “natural rights,” writing down the
principles of a people has powerful connotations upon which
a culture of freedom may be developed. A culture of
freedom is essential to the survival of any formal institutions
that enshrine freedom.
There might be places for caveats in all of this. But I hope
two rules and a principle are enough for a good start. In the
search for rules that maximize the number of possible
communities available for people to join voluntarily, a right
of exit and a rule of localization take us far, indeed. While
they would not be perfect, nor perfectly libertarian, these two
rules would represent a giant move away from the status
quo. They would mean a leap towards a thousand so-called
“intentional” communities. Experimentation would flourish,
all of which works toward the ends peace, prosperity, and
personal sovereignty. I need not go into the economic
benefits that would come about—benefits that would
increase our pull to social entrepreneurship. And by having
communities to join, we can still satisfy our clannish
instincts. The only price would be never being able fully to
indulge the urge to dominate others for the sake of a single
utopia. Persuasion would finally rule power.
~
The Practice of Panarchism: Building on Max Borders’
Panarchist Vision
With Max’s wonderful essay as a backdrop and point of
reference, I would like to submit a few simple ideas I believe
compliment Max’s vision, and suggest that something like
his vision is realizable in the near future.
The Challenge of Libertarianism
The challenge of libertarianism is to conceive and implement
a uniquely libertarian political practice as a compliment to
libertarian scholarship. A libertarian political practice will
be consistent with the libertarian ethical code that condemns
coercion as a means of social exchange.
The statist believes that granting the libertarian exit from his
system will be harmful to his, the statist’s interests. In most
instances, the statist’s system, as Max writes, “depends for
its existence on everyone in some geography being forced to
join.” What the libertarian considers liberty, the statist
considers aggression, since in many cases the statist’s very
livelihood depends on everyone in some geography being
forced to contribute.
Thus, the challenge of libertarianism is to find a peaceful,
noncoercive form of political action that libertarians can
practice in an atmosphere where political pluralism is
outlawed, and political separation is deemed an act of
aggression.
Panarchism and Traditional Libertarianism
If we take Max’s panarchist vision exactly as he presents it
to us, we are given a conception of libertarianism that is not
what we were taught to expect by libertarianism of the last
fifty years. Traditional libertarianism sought to replace
statist laws with libertarian laws while retaining statism’s
geographical and monopolistic features. The intent of this
traditional libertarianism was to arrive at a righteous moral
absolutism as the basis for libertarian laws that would
supplant statist laws as the laws of the land. In stark contrast
to this conception of things, Max writes: “I’m firmly
committed to a moral relativism of communities.” Thus, we
are moving away from the assumption that a prerequisite of
libertarian society is a universally accepted set of moral or
ethical values.
Moral relativism is central to both panarchist and traditional
libertarian social theory. But since panarchism rejects a
monopoly on law it is able to embrace moral relativism,
whereas traditional libertarianism rejects moral relativism
since it embraces a monopoly on law. Traditional
libertarianism is founded on a philosophical rejection of
moral relativism based on the assumption of a legal
monopoly in any given geography.
The term neutrality more accurately characterizes the central
outlook of panarchist philosophy. Regardless of how
someone else’s moral or ethical code may appear from the
point of view of his own, the panarchist takes a stance of
neutrality with respect to the ways of living that people
choose for themselves. A panarchist can do this because in
advocating voluntarism and in rejecting coercive
monopolies, the panarchist does not consider the moral or
ethical codes that guide or bind others as binding on himself.
The panarchist looks upon members of other moral or legal
communities just as a religious person looks upon members
of other religious communities. To the panarchist, political
affiliation is a matter of conscience, and he has no desire to
impose his preferred political way of life on others.
The extent to which one can be neutral with respect to the
ways of life other people choose for themselves is the extent
to which one can live peacefully together with people whose
values differ from one’s own. This outlook of value
neutrality is what enables one to look upon one’s fellow
citizens not as evil practitioners of immoral beliefs, but as
fellow human beings with different moral beliefs. From a
libertarian point of view, what characterizes our age is that
many of our contemporaries share a belief in territorial
statism.
That statism is absolutely incompatible with libertarian
society is the position taken by traditional libertarianism, and
therefore libertarian society is considered largely identical to
the universal abolishment of statist society. When
libertarianism is a monopolistic conception, then
libertarianism is the active attempt to abolish all statist
political forms, even those that bind others, regardless of the
desires of those others. In this conception, person A views
his own envisioned legal code as moral and the legal code
that now binds him to B and C as immoral. As he
presupposes that each legal code must have a geographic
monopoly, he therefore seeks not only to emancipate himself
from these immoral legal binds, but also to eradicate these
legal binds between B and C, and interpose between B and C
legal binds that he considers morally proper. In this
monopolistic conception of libertarianism, the ideas of
individual secession and individual political self-
determination are generally absent. As person A considers
his own envisioned legal system absolutely moral and all
others absolutely immoral, then one who proposes to secede
from his legal system and adopt different moral and legal
practices necessarily acts immorally and illegally. In this
conception of “liberty,” individual secession and individual
political self-determination are generally looked upon as
immoral and illegal acts.
By contrast, panarchist political philosophy begins with the
idea of individual political self-determination. Reasoning
from the premise of individual political self-determination,
panarchists are lead to a vision of political pluralism and
political coexistence which includes the possibility of statism
as a form of political organization that, especially as a legacy
of the past, may continue to bind some people to the extent
they are either unwilling or unable to change their political
situations. Panarchist political philosophy is consistent with
varying degrees of emancipation from statist society to the
extent individuals—alone or in groups of volunteers—are
willing or able to attain such emancipation.
Exactly how political coexistence comes about and what
form it takes is conceived differently by each social thinker.
In Max Borders’ vision, statism endures as a political form
owing to the difficulty in separating some goods from a
territorially based system of provision. The point is not that
a free-market system of providing such goods is impossible
or inconceivable. The point is that we can rank various
goods according to their suitability for nonterritorial systems
of provision, and then we can construct a libertarian society
beginning specifically with the goods ranked easiest to
exchange nonterritorially. We can leave the goods ranked
most difficult for a future time. We don’t have to change
everything at once.
It is noteworthy that the Borders vision is comprised of one
part statism and one part moral relativism. Traditional
libertarianism seeks to extirpate both. The panarchist vision is
a fundamentally different conception of libertarianism (one is
reminded of the new conception of physical reality occasioned
by quantum physics). If we follow the logic of what Borders
is describing, the political vision advocated by any libertarian
person or group is understood as applying only to that person
or group. Each distinct libertarian ethics system, to the extent
it is adhered to, is adhered to by those individuals who
voluntarily choose it, thereby constituting an identifiable
community. Each identifiable libertarian school of thought is
a community bound by its common code of morals or ethics,
coexisting with an unlimited number of other communities
bound by different codes of morals or ethics. The utopianism
of libertarianism, to the extent it is realized, is realized within
each voluntary community; it is not a utopianism that is
imposed by one community on another.
A Simple Voluntary Community
Following Max, I would also like to introduce a thought
experiment, a thought experiment that is consistent with
Max’s panarchist vision. This thought experiment involves
the Internet and it involves voluntary and nonterritorial
associations.
For this experiment I assume that ten thousand libertarians
voluntarily agree on some course of action. If a particular
project is worthwhile, it should be possible to get ten
thousand libertarians from around the world to participate
(and by “libertarians” I mean liberty seekers whatever their
self-chosen label). These ten thousand libertarians agree to
attach an invoice to every e-mail they send to one another,
billing one another for “correspondence and intellectual
services” at the rate, let’s say, of a penny an hour. As for
settling accounts, we can leave that to be decided. I assume
that there are various options for settling accounts.
I want to make it clear that I’m not talking about a
clandestine operation, secret agreement, or underground
association. What I have in mind is something that is done
totally out in the open with no attempt made to conceal it. In
fact, openness and transparency are part of the idea.
If ten thousand libertarians were to do something like this,
they would essentially have established their own trade
agreement, voluntarily and nonterritorially, coexisting with
the wage and trade laws of the territorial state of which they
are compulsory members. This voluntary agreement,
constituting a kind of nonterritorial community, would be
consistent with the libertarian ethic proscribing coercion. It
would be entirely voluntary among members, and it would
not entail any coercive acts toward non-members, not even
toward statists.
The Conception of a Panarchist Community
Part of this conception is the idea that the active attempt to
abolish statism or statist institutions need not be part of a
consistent theory of libertarianism. If the goal is to establish
voluntary, nonterritorial, and noncoercive communities that
coexist with already existing communities—whatever their
nature—this need not entail a positive attempt to abolish or
alter existing institutions (existing wage and trade laws for
example). Those may remain in place and the question of
what to do with them need not be the concern of
libertarianism nor the concern of any particular libertarian.
If we assume that new forms of association begin to emerge,
and these forms are not matched by corresponding laws and
regulations in the law books of the territorial state, the
question what to do about this situation need not be a
concern of libertarianism or of any individual libertarian. It
may, in the judgment of the libertarian(s) concerned, be a
matter that is left up to those who control or desire to control
the laws and regulations in question. In other words, when
emergent communities form, it is a matter of personal
judgment whether a member of an emergent community
desires to actively participate in the statist system of which
he remains a compulsory member. The adjustment of old
laws to reflect a newly emerging political reality does not
have to be the concern of a libertarian if the old system is
one he is not interested in or if it is a system he does not
support on moral or ethical grounds. He may choose to
direct his energies toward the creation and maintenance of
those communities he has voluntarily joined.
Obviously, a person may belong to two or more
communities at the same time. A person may be a member
of a church, an ethnic community, a housing development, a
book club, and so on. In the same way, a person may be a
member of a compulsory community—to the extent he is
unable or unwilling to emancipate himself from such a
community—and a voluntarily joined community. A person
who works at a local store, and the owners of that store, may
be subject to a set of compulsory wage and trade laws, and
may, for practical reasons, not be able to avoid being subject
to those laws. But the same individuals could conceivably
be part of the abovementioned community of ten thousand
libertarians, and could thereby be unified by a different set of
voluntarily accepted wage and trade agreements. A person
may be bound in one instance by Borders’ territorial laws
and in another instance by his own voluntarily accepted
laws. We need not conceive that a person is bound by
coercively imposed territorial laws because he chose such
laws. We may conceive that he is bound by these laws
because for practical reasons, he is unable to avoid them.
The statist element of a panarchist social vision need not be
conceived as intentionally designed, since the state already
exists as a legacy of history. The voluntary and
nonterritorial communities as envisioned by Borders can be
conceived as that part of society libertarians aim for, and as
these communities emerge, part of statist society is left and
still exerts influence as a legacy of the past. Of course,
individuals, of their own volition, may attempt to reform
statist society. But the important point is that a social vision
in which statism is accommodated, need not be a social
vision in which statism is sought. A consistent theory of
liberty may acknowledge statism and accommodate it
theoretically as the political condition from which liberty
emerges.
The Practicality of Panarchism
The obvious question concerning voluntary nonterritorial
communities is, why would the state allow such
communities to form? And the answer is, it is not a question
of whether the state allows voluntary communities to form,
but a question of whether for practical reasons the state is
able to stop them from forming.
The ten thousand member community mentioned above is
only one community out of thousands and perhaps millions
of possible communities that could be formed and replicated
across territorial borders, in short time, and with little effort
or cost. Such communities could be formed with a few
simple computer keystrokes while people remain in their
homes.
But while such communities are easy to form and replicate,
and while they could proliferate rapidly with little cost,
preventing such communities is potentially cost-prohibitive.
If enough people and groups got involved in forming
thousands, and then millions of voluntary communities
across territorial borders, shutting them all down might
require shutting down the Internet in combination with a
prohibitively expensive expansion of the state apparatus.
On the one hand a large and rapidly expanding number of
communities could form on a nonterritorial basis. The cost
and effort to form such communities is minimal. These
communities would be libertarian by nature, voluntarily
accepted by all members, nonterritorial, and easy to
replicate. They would be nonthreatening in the physical
sense (nonviolent, noncoercive, etc.) because forming such
communities does not require that any actions be taken
towards nonmembers or towards existing political
institutions. The threat posed by such communities, and the
gain to be had from preventing them, in physical terms, is
minimal.
On the other hand, preventing such communities from
forming could be prohibitively expensive. All Internet
communications would have to be monitored and legal
proceedings would have to be initiated potentially against
millions of people. At issue is not only the feasibility and
cost of such a large-scale monitoring and enforcement
operation, but also the difficulty in defining the infractions
themselves. The distinction between a voluntary association
and a prohibited voluntary association, one assumes, must be
a difficult one to define.
Rather than list here the many possible approaches to such
voluntary communities and the pros and cons of each, I
assume that as time goes on, various ideas and possibilities
along these lines could be discussed. The main point I
would like to make is that in principle, it is possible to
concretely establish the beginnings of panarchist society
while at the same time adhering to a consistent noncoercive
libertarian ethic. Voluntary nonterritorial communities can
emerge and constitute nascent societies peacefully coexisting
with contemporary statist society. And these emergent
societies do not require that their members actively attempt
to alter or abolish existing political institutions. No violence
or coercion is necessary to establish them; only peaceful,
coordinated action among like-minded people is necessary.
This is one part of the puzzle. The other part of the puzzle is
the realization that it is not necessary to change the ideology
of statists. These emergent communities do not require a
change in existing political structures or in the ideology of
nonmembers. As the actions that form these communities are
entirely voluntary and noncoercive, then no “permission”
need be sought when forming such communities. From the
point of view of libertarianism, voluntary communities of
this nature are of the same political status as conversations
or meetings. They are peaceful social interactions that have
no violent or coercive intent. To this extent then, libertarians
need not request nor be granted any special permission to
form such communities. Nascent panarchist communities
may be established unilaterally.
In summary, I submit that the establishment of panarchist
society is a practical question more than an ideological
question. To the extent that ideological change is still
necessary for the emergence of voluntary communities, this
change is required within the libertarian community. This
has been a consistent theme of panarchist arguments,
beginning with John Zube’s “Notes for a Talk on
Panarchism to Anarchists,” continuing with Aviezer
Tucker’s “The Best States: Beyond the Territorial Fallacy,”
and argued with increasing frequency by panarchist writers
in the first decade of this century. What is preventing liberty
from emerging is that the libertarian conception of liberty
has been self-defeating. Libertarians have been arguing for a
universal territorial utopia rather than nonterritorial
individual sovereignty. They have sought to place the
individual in a society designed by others rather than seeking
individual liberty from which society would receive its
design. If libertarians begin to coalesce around a
nonterritorial, nonmonopolistic social vision based on
individual political self-determination, the means exist for
the concrete establishment of libertarian society. Then the
ethics of liberty will be something we practice rather than
something we only write and talk about.
Copyright © 2010 Adam Knott and Max Borders